Journals of the ten-days special session and the regular session of the Senate of the State of Georgia 1935 placed between the covers of a single volume

JOURNALS
of the
Ten-Days Special Session
and the
Regular Session
of the
Senate of the State of Georgia
1 935
Placed Between the Covers of a Single Volume.
Journal of Special Session from Pages 5 to 355 Inclusive.
Journal of Regular Session from Pages 356 to 2039 Inclusive. Foliowed by the Index.

:;-

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
SPECIAL TEN-DAYS SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Thursday, January 14, 1985.
Ulali 8TJ:IN PRINTING 00 STATE PRINTZBS
ATLAlfl'A. GA.

OFFICERS or the
Georgia Senate
1935-1936

Charles D. Redwine, 26th Dist. President. Fayette County.

Preston Rawlins ,45th D1st. President Pro Tem. Telfair County.

John W. Hammond Bibb Cotmty.

Secretary.

Hugh Skelton

Asst. Secretary. Hart County.

carter C. Peterson

Journal Clerk.

MoRtgomery County.

Andrew J. Tuten

calendar Clerk.

Bacon County.

Guy o. Stone Wheeler County.

Messenger.

A. Perry Gritt1n

Door Keeper.

DeKalb County.

L. J. Ballard
Fulton County.

Chaplain.

..

JOURNAL

Senate Chamber,Atlanta, aa.
Monday,Janua.ry 14,1935.

The Senators-elect for the term 1935-1936 met in the Senate Chamber at 10 oclock A.M.,this day and the Senate was called to order by Hugh Skelton, Assistant Secretary of the Senate,as provided for by law.

The invocation was offered by the Reverend w.J. DeBardelaben,pastor of the Capitol View Methodist Church,of Atlanta.

The following communication from the Honorable John B. Wilson,secretary of State,cert1fying the Senators-elect in the general election of November 6,1934,was received and read:

To the Honorable secretary, State Senate, Senate Chamber, State Capitol, Atlanta,Georgia.

Dear Sir: I hereby certify that the three pages or
typewritten matter hereto attached is a true list or the State Senators of the S:tate of Georgia for the years 1935 and 1936,elected in the general election held November 6,1934,as shown by the consolidated returns or said election,which returns are on file in this office,the number or the District being given,and opposite the names or the counties canposing the district,and the name or the Senator elected.
IN TESTIMONY WHEREOF,! have hereunto set my hand and affixed the seal or my office, at the Gapitol,in the Ci~ of Atlanta,this Fourteenth day of January,l935.

John B. Secreta

rWy 1olrsoSn1~te.

6

JouRNAL OF THE SENATE,

STATE SENATORS, GEORGIA, 1935 - 1936.

Elected in the general election held November 6, 1934.

FIRST.DISTRICT

Bryan County, Chatham County,

David s. Atkinson,

Effingham County,

SECOND DISTRICT Liberty County,
Long County, Mcintosh County, Tattnall County,

Jc


Bea8 1 e y1

THIRD DISTRICT

Appling Cmmty1 Brantley County, Jeff Davis County,

J. Marvin Strickland,

Wayne County,

FOURTH DISTRICT Camden County, Charlton County, Glynn County,

Hamer Edenfield,

FIFTH DISTRICT

Atkinson County,

Clinch County,

Frank M. Dickerson,

Ware County,

Berrien County, Cook County, Echols County, Lanier County, Lowndes County,

SIXTH DISTRICT

J. Hem:Y .Gaskins,

Brooks County, Grady County, Thomas County,

SEVENTH DISTRICT

w. Fred Scott,

MoNDAY, jANUAR.Y 14, 1935.

7

EIGHTH DISTRICT Decatur County, Miller County, Mitchell County, Seminole County,

J .M. S1mmons,

NINTH DISTRICT Baker County, Calhoun County, Early County,

A.N. McLeod,.

TENTH DISTRICT Dougherty County, Lee County, Worth County,

P.M. Lancaster,

ELEVENTH DISTRICT Clay County, Randolph County, Terrell County,

E.R. King,

TWELFTH DISTRICT Quitman County, Stewart County, webster County,

Dr. Loren Gary,

THIRTEENTH DISTRICT

Macon County,

Schley County,

Allen Chappell,

Sumter County

FOURTEENTH DISTRICT Bleckley County, PDuoloalyskCi oCuonutyn1'ty,

L.c. Ragan,

FIFTEENTH DISTRICT Montgomery County, Toombs County, Wheeler County,

J. Ellis Pope,

SIXTEENTH DISTRICT

Emanuel County, Johnson County, Laurens County,

ww Larsen, Jr.,

Treutlen County,

8

JouRNAL oF THE SENATE,

SEVENTEENTH DISTRICT

Burke County,

Jenkins County,

John J. Jones,

Screven County,

EIGHTEENTH DISTRICT Glascock County, Jefferson County, Ricbmond County,

W.M. Lester,

NINETEENTH DISTRICT

Greene County,

Taliaferro County,

Robert B. McWhorter,

Warren County,

TWENTIETH DISTRICT Baldwin County, Hancock County, Washington County,

W.M;. Goodwin,

TWENTY-FIRST DISTRICT

Jones County,

Twiggs County,

Geo. H. Carswell,

Wilkinson County,

TWENTY-8ECOND DISTRICT

Bibb County,

Lamar County, Monroe County,

w.o. Cooper, Jr.,

Pike County,

TWENTY-THIRD DISTRICT Crawford County, Houston County, Peach County, Taylor County,

J.P. Duncan,

TWENTY-FOURTH DISTRICT

Chattahoochee County,

MMuasrcioongeCe oCuonutny~1y,

H. Dixon Smith,

MoNDAY, jANUARY 14, 1935.

9

TWENTY-FIFTH DISTRICT

Harris County,

Talbot County,

J obn H. McGehee,

Upson County,

TWENTY-BIXTH DISTRICT
Butts County, Fayette County, Spalding County,

C.D. Redwine,

TWENTY-BEVENTH DISTRICT

Barrow County,

Oconee County,

John W. Carrington,

Walton County,

TWENTY-EIGHTH DISTRICT

Jasper CO\mty,

Morgan County,

Frank A. Dennis,

Putnam County,

TWENTY-NINTH DISTRICT

Columbia County,

Lincoln County,

Randall Evans, Jr.,

Mcnutrie County,

THIRTIETH DISTRICT

Elbert County,

Hart County,

J.H. Skelton, Sr.,

Madison County,

THIRTY-FIRST DISTRICT

Franklin County,

Habersham County,

Linton 8. Johnson,

Stephens County,

THIRTY-BECOND DISTRICT

Dawson County,

Lumpkin County,

Frank Turner,

Wh1te County,

THIRTY~THIRD DISTRICT
Banks County, Hall County, Jackson County,

W.M. Thomas,

10

JouRNAL oF THE SENATE,

THIRTY-FOURTH DISTRICT DeKalb County, Newton County, Rockdale County,

C.R. Vaughn,

THIRTY-FIFTH DISTRICT

Clayton County,

fulton County,

G. Everett Millican,

Henry County,

THIRTY-8IXTH DISTRICT MCoewriewtaetCheorunCtyo,unty,

Wm. A Hart '

THIRTY-8EVENTH DISTRICT Carroll County, Heard County, Troup County,

z.P. Almon,

THIRTY-EIGHTH DISTRICT Haralson County, Paulding County, Polk County,

J .A. Wright,

THIRTY-NINTH DISTRICT

Cherokee County,

Cobb County,

Joseph E. Johnston,

Douglas County,

Rabun County, Towns County, Union County,

FORTIETH DISTRICT

R.E. Cannon,

FORTY-FIRST DISTRICT Fannin County, Gilmer County, Pickens C01mty,

c.w. Kiker,

FORTY-8ECOND DISTRICT

Bartow County,

Chattooga County,

J. Sante Crawford,

Floyd County,

MoNDAY, JANUARY 14, 1935.

11

FORTY-THIRD DISTRICT

Gordon Co1Ulty,

Murray Co1Ulty,

J. Roy McGinty, Jr.,

Whitfield County,

FORTY-FOURTH DISTRICT

Catoosa County,

Dade County,

James H. Clark,

Walker County,

FORTY-FIFTH DISTRICT

Ben Hill County,

Irwin County,

Preston Rawlins,

Telfair County,

FORTY-8IXTH DISTRICT

Bacon County,

Correa County,

J. H. Milholli~

Pierce County,

FORTY-8EVENTH DISTRICT

Colquitt County, Tift County,

c.z. Harden,

Turner County,

FORTY-EIGHTH DISTRICT

Crisp County,

Dodge County,

Charles c. Fulghum,

Wilcox County,

FORTY-NINTH DISTRICT Candler County, Bulloch County, Evans County,

J.D. Kirkland,

FIFTIETH DISTRICT

Clarke County,

Oglethorpe County,

Lamar c. Rucker,

Wilkes County,

FIFTY-FIRST DISTRICT

Forsyth County,

Gwinnett County

Allen W. Darden.

12

JouRNAL OF THE SENATE,

The Senators presented themselves at the Secretary's desk as their districts were called, where Mr. Justice Atkinson, of the Supreme Court ot Georgia, administered the oath or office to them. Senator Chappell of the thirteenth district and Senator Rucker or the fiftieth district not being present on account or illness, were not administered the oath or office on this date.

The Assistant Secretary announced that the next business was the election or President or the Senate. Senator King or the eleventh District nominated the Honorable Charles D. Redwine of the twenty sixth district. The nomination was seconded by Senator Beasley or the second District, Senator Vaughn of the thirty fourth District,Senator Lester of the eighteenth District,Senator Goodwin or the twentieth District, Senator Carswell of the twenty first District, Senator Skelton of the thirtieth District Senator Simmons or the eighth District and Senator Millican or the thirty fifth District. The roll was called.

Those voting for Senator Redwine were:

Almon

Gaskins

McLeod

Atkinson

Goodwin

McWhorter

Beasley

Harden

Milhollin

Cannon

Hart

Millican

Carrington

Johnson of the Pope

Carswell

31st

Ragan

Clark

Johnston of the Rawlins

Cooper

39th

Scott

Crawford

Jones

Simmons

Darden

Kiker

Skelton

Dennis

King

Smith

Dickerson

Kirkland

Strickland

Duncan

Lancaster

Thomas

Edenfield

Larsen

Turner

Evans

Lester

Vaughn

Fulghmn

McGehee

Wright

Gary

McGinty

MoNDAY, jANUARY 14, 1935.

13

The Honorable Charles D. Redw1ne,baving received 48 votes,being the entire membership or the Senate or those present on this day,except the vote or Senator Redwine,he was declared duly elected President. On motion or senator Scott or the seventh District, the Assistant Secretary appointed Senators Beasley or the second District,Carswell or the. twenty-tirst District and King or the eleventh District to escort the President to his deSk. Arter being introduced to the body,the President addressed the Senate in appreciation or the distinguished honor conferred upon him.

Senator Pope or the titteenth District nominated the Honorable John W. Hammond ot the County or Bibb tor Secretary or the Senate. The nomination was seconded-by Senator Skelton or the thirtieth District, Senator Cooper or the twenty second District, and Senator Goodwin or the twentieth District. Tbe roll was called.

Those voting tor Mr. Hammond were:

Almon

Gaskins

McLeod

Atkinson

Goodwin

McWhorter

Beasley

Harden

Milhollin

Cannon

Hart

Millican

Carrington

Johnson ot the Pope

Carswell

31st

Ragan

Clark

Johnston or the Rawlins

Cooper

39th

Scott

Crawford

Jones

Simmons

Darden

Kiker

Skelton

Dennis

King

Smith

Dickerson

Kirkland

Strickland

Duncan

Lancaster

Thomas

Edenfield

Larsen

Turner

. Evans

Lester

Vaughn

Fulghum

McGehee

W~ight

Gary

McGinty

Mr. President

The entire number or those present on this day, 49 votes, were cast tor Mr. Hammond and he was duly declared the unanimous choice tor Secretary or the Senate. On Motion ot Senator Pope ot the titteenth

14

JouRNAL oF THE SENATE,

District,The President appointed a committee composed of Senator Skelton or the 30th District,Senator Pope or the 15th District and Senator Cooper of the 22nd District,to escort the Secretary to his desk. The President administered the oath or office to him. The Secretary addressed the Senate in words or grateful appreciation tor the cont1dence and distinction shown him.

The following resolution or the Senate was read and adopted:

By Senator Scott or the 7th District:

Senate Resolution No. 1. Resolved by the Senate that the Secretary or the Senate be, and is hereby instructed, to intonn the House or Representatives that the Senate has convened and has organized by
2th6etheDleicsttiroinctoarsHPorneosriadbelentC, haanrdleHs oDn.orRaebdlewiJnoehnotwt.he
Hammond or the County ot Bibb as Secretary, and is ready for the transaction or business.

The next order or business was the election of President Pre Tempore of the Senate.

Senator Dickerson of the 5th District nominated the Honorable Preston Rawlins of the 45th District. Senators Jones of the 17th District, Crawford of the 42nd District and Duncan or the 23rd District seconded the nomination of Senator Rawlins.

The roll was galled. Those voting for Senator

Rawlins or the 45th Disttict were:

Almon

Dennis

Hart

Atkinson

Dickerson

Johnson of the

Beasley

Duncan

31st

Cannon

Edenfield

Johnston of the

Carrington

Evans

39th

Carswell

Fulghum

Jones

Clark_

Gary

Kiker

Cooper

Gaskins

King

Crawford

Goodwin

Kirkland

Darden

Harden

Lancaster

MoNDAY, ]ANUAR.Y 14, 1935.

15

Larsen Lester McGehee McGinty McLeod McWhorter Milhollin

Millican Pope
Ragan
Scott Simmons Skelton Smith

Strickland Thomas Turner Vaughn Wright Mr. President

Senator Rawlins having received 48 votes;being the entire membership or the Senate present on this day,except the vote or Senator Rawlins, he was declared duly elected President Pro Tempore. On motion o! Senator Jones o! the 17th District the President appointed Senators Dickerson o! the 5th District, Scott o! the 7th District, and Duncan or the 23rd District to escort the President Pro Te~ pore to the President's stand. The President Pro Tempore addressed the Senate, thanking them !or the honor conferred upon him.

The following resolution or 4he Senate was read and adopted:

By Senator Dickerson o! the 5th District:

Senate Resolution No. 2. A resolution providing !or a joint committee to notity the Governor that the General Assembly has convened, organized and 1s ready !or business.

Under the above resolution. the President aPpointed the following committee on the part or the Senate: Senators Kiker or the 41st District, and Carrington or the 27th District.

The Chair_announced that the next business was the election or Doorkeeper. Senator Vaughn or the 34th District nominated Mr. A.P. Gri!!1n or DeKalb County. The roll was called.

Those voting tor Mr. Grit!1n were:

Almon Atkinson

Cannon Carrington

Clark Cooper

Beasley

Carswell

Crawford

16

JouRNAL OF THE SENATE,

Dennis Dickerson Duncan Edenfield Evans Fulghum Gary Gaskins Goodwin Harden Hart Johnson of the 31st

JohnSton of the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty McLeod McWhorter Milhollin

Millican Pope Ragan Rawlins Scott Simmons Skelton Smith Strickland Thomas Turner Vaughn Wright Mr. President

Mr. Griffin having received 48 votes was declared duly elected Doorkeeper.

The next business being the election of Messenger,Senator Pope of the 15th District nominated Mr. Guy Stone of Wheeler County. Senator Kirkland of the 49th seconded the nomination of .Mr. Stone. Senator Evans of the 29th District nominated Mr. R.F. Guillebeau of Lincoln County. Senators Goodwin cf the 20th, Skelton of the 30th, Lester of the eighteenth and McWhorter of the 19th District seconded the nomination of Mr. Guillebeau.

There were no other nominations and the roll was

called. Those voting for Mr. Stone were:

Atkinson

Gaskins

McLeod

Beasley

Harden

Milhollin

Cannon

Hart

Pope

Carrington

Johnston of the Ragan

Carswell

39th

Rawlins

Clark

Kiker

Scott

Crawford

King

Simmons

Dennis

Kirkland

Bm1 t h

Dickerson

Lancaster

Strickland

Duncan

Larsen

Thomas

Edenfield

McGehee

VaUghn

Fulghum

McGinty

Wright

Those voting for Mr. Guillebeau were:

MoNDAY, JANUARY 14, 1935.

17

Almon Cooper Darden Evans Gary

Goodwin JohnSon of the 31st Jones Lester

McWhorter Millican Skelton Turner

Mr. Stone received 35 votes, and Mr. Guillebeau received 13 votes.

The President declared Mr. Stone duly elected Messenger or the Senate.

The following resolUtion of the Senate was read and adopted:

By Senator Carswell of the 21st District:

Senate Resolution No. 3. Be it resolved by the Senate,the House or Representatives concurring, that the General Assembly shall convene in the Hall of the House or Representatives on Tuesday,January 15th, at 10:15 o'clock, A.M., tor the purpose or canvassing and publishing the election returns tor Governor and other Constitutional officers, as provided by law.

The following resolution ot the Senate was read and adopted:

By Senator Rawlins or the 45th District:

Senate Resolution No. 4. Be it resolved by the

Senate,the House or Representatives concurring,

that a joint committee or.~wo from the Senate and

three tram the House ot Representatives,be appoint-

ed by the President and Speaker, respectively, to

arrange tor the inauguration ceremonies tor the

Governor at 12:00 oclock,noon,Wednesday,January

16th, 1935.

/

The President appointed as a committee on the part ot the Senate the. following: Senators Rawlins ot the 45th District and Scott ot the 7th District.

18

JoUitNAL oF THE SENATE,

The following resolution of the Senate was read and adopted: By Senator Scott of the 7th District:
Senate Resolution No. 5. Resolved by the Senate that the standing rules of the Senate, adopted !or the session of 1933~be and the same are hereby adopted as the standing Rules !or the session o! 1935,until otherwise ordered by the Senate.
The following resolution of the Senate was read and adopted: By Mr. King of the 11th District:
Senate Resolution No. 6. Resolved by the Senate that a CODDllittee o! three members o! the Senate, and the President,be appointed by the President to select a Chaplain !or the Senate for the Sessions o! 1935.
The President appointed as a committee under this resolution the following: Senator King o! the 11th D1str1ct,Senator Carswell of the 21st District and Senator McGehee of the 25th District.
The following resolution of the Senate was read and adopted: By Senator Pope o! the 15th District:
Senate Resolution No. 7. Resolved by the Senate that Senator George H. Carswell,o! the 2lst,a former President o! this body; Senator W. Fred Scott o! the 7th District; Senator Wm. M. Lester o! the 18th District; Senator Preston Rawlins o! the 45th, the President Pro Tempore of the Senate, be authorized to select their seats before the regular drawing !or seats commences.
The drawing !or the seats was now held. The following message was received from the

MoNDAY, jANUARY 14. 1935.

19

House through Mr .Kingery, the Clerk thereor:

Mr. President:

I am instructed by the House to notify the Benate that the House bas organized with the election of Hon.E.D. Rivers,o! Lan1er,as Speaker,and Hon. Andrew J. Kingery,of Emanuel,as Clerk.

The House has adopted by the requisite constitutional majority the following resolution o:r the House, to-w1t:

House Resolution #2. Be 1t resolved by the

House,the Senate concurring,that a Committee ot

five,three to be appointed by the Speaker o! the

House, and two by the President ot the Senate be

appointed to notify the Governor that the General

Assembly has organized and is ready !or the trans-

action of business.



The Speaker has appointed on the part ot the

House the following members to-wit:

Messrs. Harris of Richmond,

Edwards of Lowndes,

Spivey of Emanuel.

The following House Resolution was read and

adopted:



By Messrs.Harris or R1cbmond,Ed.wards ot Lowndes,

and Spivey ot Emanuel:



House Resolution #2. Be it resol.ved QY" the
House, the Senate concurring, that a Camnittee of five, three to be appointed by tbe Speaker ot the House, and two by the President of the Senate be appointed to notify the Governor that the General Assembly has organized and is ready tor the transaction ot business.

The tollow1ng Senate Bills were 1ntrodueed,read tbe first time and referred to Committees:

20

JouRNAL oF THE SENATE,

By Mr. Redwine,of the 26thSenate Bill No. 1. A Bill to ratify,approve and
confirm the executive orders of the Governor suspending the collection of a portion of the motor vehicle tag taxes and license fees; and for other purposes.

Committee on State of th~ Republic. .

By Mr. Redwine, of the 26thSenate Bill No. 2. A Bill to amend Title 68
("Motor Vehicles"),Chapter 68-2("License for Motor Vehicles and Chauffeurs"),of the Code of Georgia of 1933,which provides for the registration of Motor Vehicles at half-year rates and quarter-year rates; and for other purposes.

Committee on Appropriations.

By Mr. Redwine, of the 26th-

Senate Bill No. 3. A Bill to authorize and di-

rect the State Highway Department to pay two mil-

lion dollars of surplus funds into the State Trea-

~; and for other purposes.



Committee on Appropriations.

By Mr. Redw1ne,or the 26thSenate Bill No. 4. A Bill to repeal Section 62-
901 of the Code of Georgia, 1933,(Title No. 62, "Live Stock"),creating the office of State Veterinarian,and to provide for his salary-and expenses; and for ot~er purposes.

Committee on Agriculture. '

By Mr. Redwine, of , the 26thSenate Bill No. 5. A Bill to define the status
or the Regents of the University System or Georgia and or the member~ or the Board or Regents or the University System (}f-Georgta; and for other purposes.

Committee on University and Its B~anches.

MoNDAY, jANUARY 14, 1935.

21

By Mr. Redwine,o:r the 26thSenate Bill No. 6. A Bill to amend Title 92,
("Public Revenue 0 ),PartiX,("Income Taxes"),Chapter 92-33("Payment;De!icienc1es,Assessment and Collection"},Section 92-330~("Percentage o:r Revenue Collected to be Retained !or Re!und8 ),by repealing said Section 92-3309 and enacting a new section to provide :ror annual appropriations !or refunds o:r income taxes illegally collected under said title.

Comm1ttee on Finance.

By Mr. Redwine, o:r the 26thSenate Bill No. 7. A Bill to create an establish-
ment o:r a Drivers' License o:r:rice;To provide :ror the sale o:r all motor vehicles;to provide !or the appointment and payment o:r salaries o:r State Patrolmen;and tor otner purposes.

Committee on State o:r Republic.

By Mr. Redwine, o:r the 26th-

.

Senate Bill No. s. A Bill to amend Title 5

( 11Agriculture" ), Part 1("Department o:r Agriculture ,

Bureau of Markets,State Warehouse Department"),

Chapter 5-l("In General"),Section 5-103("Term o:r

Comm1ss1oner;vacancy in o:r:rtce")o:r the Code o:r Geor-

gia or 1933 oy fixing the term o:r o:r:r1ce o:r the

Comm1sstoner o:r Agriculture at :rour years; and :ror

other purposes.

Committee on Agriculture.

By Mr. Redwine, ot the 26th-

.

Senate Bill No. 9. A Bill to amend Title 54

~;1~:;i;~lR~!~!i~~n:l j;~~~!~n~1;,,Fc~~:

stoner ot Commerce and Labor;election;term o:r ottice;

vacancy in o!f'ice" )or the code o:r Georgia of' 1933 by

providing a term of' otf'1ce ot tour years :ror,the c~

mpoissesaio. ner ot Commerce and Labor; and tor other pur-

Committee on Commerce and Labor.

22

JouRNAL OF THE SENATE,

By Mr. Redwine, ot the 26thSenate Bill No. 10. A Bill to amend Title 95
( 11Roads,Bridges and Ferries11 ),Part IV("State Highway System") ,Chapter 95-16 ("State Highway Board and Engineer"),of the Code of Georgia of 1933,by amending Section 95-1603,fixing the compensation ot the Chainnan of the State Highway Board; by amending Section 95-1604,fixing the compensation of the Members of the State Highway Board.
Committee on Highways. By Mr. Skelton,sr., of 30th-
Senate Bill No. 11. A Bill amending the Primary Election Laws and changing the date of same; and for other purposes.
Committee on Privileges and Elections. By Mr. Pope,of the 15th-
Senate Bill No. 12. A Bill to provide for an Occupation Tax upon all distributors of Motor fuel and kerosene and the distribution of the tax thereon;and for other purposes.
Committee on Finance. By Mr. Skelton,or the 30th-
Senate Bill No. 13. A Bill to regulate and restrict the rate of interest in this State;and for other purposes.
Committee on Special Judiciary. By Mr. Millican, of the 35th-
Senate Bill No. 14. A Bill amending the constitution of the State and rearranging the Senatorial Districts;and for other purposes.
Conun1ttee on Congre$sional and Legislative Reapportionment.
The following resolutions of the Senate were introduced,read the first ti~ and referred to Connnittees:

MoNDAY, JANUARY 14, 1935.

23

By Mr. Redwine,o:r the 26thSenate Resolution No. 8. A Resolution proposing
an amendment to the Constitution o:r Georgia creating the office o:r Lieutenant-Governor; and :for other purposes.
Committee on Amendments to Constitution. By Mr. Redwine,o:r the 26th-
Senate Resolution No. 9. A Resolution proposing to amend the Constitution of the State of Georgia providing for the election of the President and President Pro Tempore of the Senate; and :for other purposes.
Committee on Amendments to Constitution. By Mr. Redwine,of the 26th-
Senate Resolution No. 10. A Resolution proposing to amend the Constitution o:r the State of Georgia, changing the term of office of the Governor and other constitutional state officers; and for other purposes.
Committee on Amendments to Constitution. By Mr. Redwine,of the 26th-
Senate Resolution No. 11. A Resolution proposing an amendment to the Constitution of the State o:r Georgia limiting the duration o:r the Extraordinary Session o:r the General Assembly to the number o:r days stated in the Proclamation of the Governor convening them.
Committee on Amendments to Constitution. By Mr. Redwine,of the 26th-
Senate Resolution No. 12. A Resolution proposing to amend the Constitution of the State of Georgia, providing :for a State School Superintendent in lieu ot the State School Commissioner; and :for other purposes.
Committee on Amendments to the Constitution.

24

JouRNAL OF THE SENATE,

By Dennis of the 28thSenate Resolution No. 13. A Resolution proposing
to amend the Constitution exempting homesteads from taxation not exceeding $2500 in value; and tor other purposes.
Cammittee on Amendments to the Constitution. The following message_was received from the House through Mr. Kingery,the Clerk thereof: I"Ir. President: The House has passed by the requisite Constitutional majority the following resolutions ot the Senate to-wlt: Senate Resolution No. 2. Providing for the appointment of a Joint Committee to notify His Excellency,the Governor,that the General Assembly has convened,organized,and is ready tor business. Senate Resolution No. 3. A resolution to provide for a Joint Session at 10:15 A.M., Tuesday, January 15, 1935, to canvass and publish the election returns, as provided by law. Upon the motion of Senator Goodwin of the 20th District the Senate voted to adjourn. The President declared the Senate adjourned until ten o'clock tomorrow morning. The Secretary announced the appointment of Hugh Skelton of Hart County as assistant Secretary and reading clerk. The President administered the oath ot office to Mr. Skelton after the close of the session.

TuESDAY, }ANUAllY 15, 1935.

25

Senate Chamber, Atlanta, Ga., Tuesday, January 15, 1935.

The Senate met,pursuant to adjournment,at 10

otclock,A.M., this day and was called to order by

the Presiden~.

_

Prayer was offered by Rev. Dr. C.A. Norton.

The roll was called and the following Senators

answered to their names:

Almon

Gaskins

McLeod

Atkinson

Goodwin

McWhorter

Beasley

Harden

Milhollin

Cannon

Hart

Millican

Carrington

Johnson of the Pope

Carswell

31st

Ragan

Clark

Johnston of the Rawlins

Cooper

39th

Scott

Crawford

Jones

Simmons

Darden

Kiker

Skelton

Dennis

King

Smith

Dickerson

Kirkland

Strickland

Duncan

Lancaster

Thomas

Edenfield

Larsen

'l'urner

Evans

Lester

Vaughn

Fulghum

McGehee

Wright

Gary

McGinty

Mr. President

Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that th~ Journal of yesterday's proceedings had been examined and found to be 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 following privilege resolution was read and adopted: By senator Lester of the 18th District:

26

JouRNAL OF THE SENATE,

Whereas,Honorable Marion QtConnor,Chairman of the Rehabilitation Committee of the Georgia Department o! American Legion is in the City:
Resolved,that he be given the privileges of the !loor while he is in the City.
Senator Carswell o! the 21t District asked unanimous consent that the Senate take a recess subject to the call o! the Chair. The request was granted.
The Senate was called to order at 10:15 otclock, and the hour o! convening the joint session o! the Senate and House having arrived the President o! the Senate, accompanied by the Secretary and Senators,proceeded to the Hall o! the House or Representatives and the joint session called !or the purpose o! counting and consolidating the vote o! the General Election of November 6th,l934, .and declaring the result thereof !or Governor and other State House officers was called to order by the President o! the Senate.
The joint resolution authorizing the session of the Senate and House was read bY the Secretary o! the Senate.
The following resolution was read and adopted: By Mr. Harris o! Ricbmond-
Joint Resolution No. 15. Be it resolved by the General Assembly o! Georgia that !ive tellers be appointed,three !ram the House, and two from the Senatei to canvass the returns from the last General e ection, and to report back to the joint session.
The following communication was received from the Secretary or State:

TuESDAY, jANUARY 15, 1935.
January 15, 1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I berewith transmit to you the election returns for Governor,secretary of State, Attorney General, Treasurer, and Comptroller General of the State of Georgia, in the General election held November 6, 1934.
Signed(John B. Wilson) Secretary of State The President appointed as tellers:Messrs Atkinson of the 1st District,Cooper of the 22nd District,
on the part of the Senate,and Messrs. Gnann ot
Effingham,Booth of Barrow, and Barrett of Richmond, on the part of the House.
The tellers submitted the following report: January 15, 1935.
TO THE GENERAL ASSEMBLY OF GEORGIA IN JOINT SESSION:
We,your tellers,appointed to canvass the vote for Governor, and State House officers, as required by the Constitution, beg leave to submit the following report: FOR GOVERNOR,EUGENE TALMADGE 53,101 votes, SECRETARY OF STATE,JOHN B.WILSON
53, 093 votes, COMPTROLLER GENERAL,WILLIAM B. HARRISON
.........53,088 votes, TREASURER,GEO.B. HAMILTON53,081 votes, ATTORNEY GENERAL,M.J.YEOMANS 53,075 votes,
Respectfully submitted,
wODn..osp.. aACrtotkoop1renrstohJner.,,l2Sst2ennadte:VFreerdOlynBnp.GBanortaonthon,r,BEtatrhr1renogwHhoacumose.c:.o.
W.K.Barrett,R1chmond co.

28

JouRNAL OF THE SENATE,

Mr. Barrett of Richmond moved that the report of the Tellers be adopted,the motion prevailed, and the report was adopted.
Mr. Harris of Richmond moved that the Joint Session of the House and Senate do now dissolve, and the motion prevailed.
The Senate returned to the Senate Chamber and was called to order by the President.
The following Senate Resolution was read and adopted: By Senator King of the 11th District,Senator Pope or the 15th District, and Senator Cannon of the 40th District:
S~nate Resolution No. 14. A Resolution limiting the number of attaches ofthe Senate and fixing their compensation.
The following bills of the Senate were introduced, read the first time and referred to committees: By Mr. Kirkland, of the 49th-
Senate Bill No. 15. A Bill defining the offense or kidnaping for ransom and providing the punishment therefor; and for other purposes.
Committee on General Judiciary No. 1 By Mr. Dennis,of the 28th-
Senate Bill No. 16. A Bill regulating the employment or labor by manuracturers;and for other purposes.
Committee on Manufactures.
By Mr. Evans,of the 29thSenate Bill No. 17. A Bill prohibiting the use
or steel traps; and for other purpose$. _ Committee on Game and Fish.

TUESDAY, jANUARY 15, 1935.

29

By Mr. Evans, of the 29thSenate Bill No. 18. A Bill amending the Act
creating a Text Book Commission; and for other purposes.
Committee on Education. By Mr. Evans, of the 29th-
Senate Bill No. 19. A Bill to vest in the Tax Collectors of certain counties all the powers of Sheriffs in regard to the levy of tax fi.fas; and for other purposes.
Committee on County and County Matters. By Mr. Simmons, of the 8th-
Senate Bill No. 20. A Bill to create a State Highway Traffic Commission and authorizing such co~ mission to employ and set up a State Highway Patrol; and for other purposes.
Committee on Highways. By Mr. Pope,of the 15th-
Senate Bill No. 21. A Bill to amend the Banking Law of the Code of 1933 relating to the incorpora-
tion of Banks; and for other purposes.
Committee on Banks and Banking. By Mr. Evans of the 29th-
SenateBili No. 22. A Bill to amend the Act creating a Text Book Commission ror the State or Georgia; to provide how text books used in the common schools of this state shall be adopted,prepared, published,purchased,distributed and sold~ and for other purposes.
Committee on Education. By Mr. Evans,of the 29th-
Senate Bill No. 23. A Bill to repeal an Act prohibiting the use or steel traps; and for other purposes.
Committee on Game and Fish.

30

JouRNAL oF THE SENATE,

By Mr-. Bimmons,or the 8thSenate Bill No. 24. A Bill to amend the Act
approved July 31st, 1918, raising the age or consent from fourteen to sixteen years or age.
Committee on Judiciary No. 1. By Mr. King, or the 11th-
Senate Bill No. 25. A Bill amending the Code Section in regard to interest and usury and providing that the legal rate or interest shall be six
per cent. (6%); and tor other purposes.
Committee on Special Judiciary. By Mr. Atkinson, ot the 1st-and Mr. Beasley of the 2nd-
Senate Bill No. 26. A Bi~l to grant to the United States or America certain ungranted and reverted lands in Chatham County; and tor other purposes.
Committee on State or Republic. By Messrs. Johnson,or the 3lst;Skelton,or the 30th; Scott,or the 7th-
Senate Bill No. 27. A Bill to amend an Act, Title 93("Public Service Commiss1on"),addipg to said title a new section defining the term"Public Utility;" and tor other purposes.
Committ~e on Public Utilities. By Messrs.Johnson,ot the 31st; Skelton, ot the 30t~ Scott, or the 7th-
Senate Bill No. 28. A Bill amending the Code or Georgia or 1933 by providing tor the admission in evidence or the record or proceedings before the Public Service Commission; and tor other purposes.
Committee on Public Utilities.

TuESDAYJ }ANU:ARY 15J 1935.

31

By Messrs. Johnson, of the 3lst;Skelton,of the 30th; Scott of the 7th-
Senate Bill No. 29. A Bill amending the Code of Georgia of 1933 by adding a new section providing the procedure in cases involving rate orders and for the designating of Judges to hear same; providing for bond in'cases of injunction; and for other purposes.
Committee on Public Utilities. By Mr. Dennis,of the 28th-
Senate Bill No. 30. A Bill to provide for the payment of State and County ad valorem tax;and for other purposes.
Committee on Judiciary N~ 1. By Mr. Lester,of the 18th-
Senate Bill No. 31. A Bill amending the workmans Compensation Act by adding a new section requiring insurance companies and persons or corporations insuring the payment of compensation to employees as provided by said Act to obtain permits from the Department of Industrial Relations; and for other purposes.
Committee on Industrial Relations. By Mr. Crawford,of the 42nd-
Senate Bill No. 32. A Bill repealing Section 1036 of the Penal Code of 1910 and to provide croasexamination under oath of the defendant; and for other purposes.
Committee on Special Judiciary By Mr. Crawford, of the 42nd-
Senate Bill No. 33. A Bill amending Section 582 of the Civil Code of Georgia vesting the authority in the governing authorities of the several counties to fix the rate of interest upon countyorders; and for other purposes.

32

JouRNAL oF THE SENATE,

By Mr. Crawford, of the 42ndSenate Bill No. 34. A Bill to authorize prose-
cuting officers to prefer accusations in felony cases returnable to the Superior Courts; and for other purposes.
Committee on Uniform Laws. By Mr. Crawford,of the 42nd-
Senate Bill No. 35. A Bill to require the various counties to provide free school books for children otherwise unable to procure them; and for other purposes.
Committee on Education. By Mr. Atkinson,of the 1st; and Mr. Crawford,of the 42nd-
Senate Bill No. 36. A Bill to amend the Constitution of the State of Georgia and to provide for the exemption of home property up to the value of $2500 from state ad valorem taxation; and for other purposes.
Committee on Constitutional Amendments. By Mr. Crawford,of the 42nd. Senate Bill No. 37. A Bill to license the operators of all motor vehicles; and for other purposes.
Committee on Motor Vehicles.
By Mr. Carswell,of the 21st-
Senate Bill No. 38. A Bill to amend Title 23 Section 23-1608 of the Code of Georgia of 1933 by striking and repealing that part of said section which provides for the payment of interest on county orders; and for other purposes.
Committee on Judiciary No. 2. The following resolution of the Senate was intra-

TuESDAY, JANUARY 15, 1935.

33

duced, read the first time and referred to the Commi~tee on Amendments to the Constitution.

By Senator Beasley,o! the 2nd District-

Senate Resolution No. 15. A Resolution amending the Constitution or Georgia so as to provide !or the exemption o! all ad valorem taxation on homesteads not exceeding $2500 in value.

The following message was received !rom the House through ~~. Kingery, the Clerk thereof:

Mr. President:

The House has passed by the requisite Constitutional majority the following resolutions o! the House to wit:

House Resolution No. 13. A resolution to provide !or a joint Session or the House and Senate at 12 o'clock, Noon, on Wednesday, January 16, 1935, in the House 0! Representatives !or the purpose o! inaugurating the Governor, and to provide !or a joint Committee of five members, three to be appointed by the Speaker or the House and two by the President of the senate, to make necessary arrangements !or the inauguration.

The Speaker has appointed on the part or the House the following members o! the House, to-wit:

Messrs. Twitty,o! Ware;



Marshall, or Macon,

Musgrove, o! Clinch.

The following resolution or the House was read and adopted:

By l"lessrs. Harris o! Richmond, Pound o! Hancock, Barrett or Richmond, and Watson of Paulding:

House Resolution No. 13. A resolution that the General Assembly of Georgia convene in Joint ses-

34

JouRNAL oF THE SENATE,

sion in the Hall or the House or Representatives at 12 o'clock, Noon, Wednesday, January 16, 1935, for the purpose or inaugurating the Governor, and that a cammittee or five, three to be appointed by the Speaker of the House and two to be appointed by the President or the Senate, be appointed to make the necessary arrangements ror the inauguration.
The President appointed as a committee on the part or the Senate to act under House Resolution No. 13. the following: Senator Skelton of the 30th District and Senator scott or the 7th District.
Senator Scott or the 7th 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.

WEDNESDAY, }ANUARY 16, 1935.

35

Senate Chamber, Atlanta, Ga., Wednesday1 January 16 1 1935.

The Senate met,pursuant to otclock, A. M., this day and

wadajsoucramllneednt~oato1rd0er

by the President.

Prayer was orrered by the Rev. Dr. C.A. Norton.

Senator Jones or the 17th District asked unanimous consent that the calling or the roll be dispensed with and the consent was granted.

Senator Hart ot the 36th District,Chairman ot the Committee on Journals,reported that the Journal or yesterday's proceeoings had been examined and round correct.

Senator Lester or the 18th District asked unan1.mous consent that the reading ot the Journal be dispensed with, and the consent was granted.

The Journal was confirmed.

Senator Skelton ot the 30th District,Chairman ot the committee on the part or the Senate to arrange tor the inauguration or the Governor,submitted the following report:

Mr. President: Your committee on Arrangements tor the Inaugu-
ration or Governor-Elect has met with a similar committee trom the House and beg to make the following report

We recommend the program to be adopted as follows:

PROGRAM OF THE INAUGURATION OF GOVERNOR-ELECT EUGENE TALMADGE, JANUARY 16th, 1935.

Presiding otticer,Hon. C.D. Redwine~Pres.,Georgia State Senate,assisted by Hon. E.D. ~ivers,Speaker

36

JouRNAL oF THE SENATE,

of the House of Representatives.

1. Joint Session General Assembly of Georgia.

2. Committee to notify Governor-Elect and

escort him to the Hall of the House of

Representatives.

3. Invocation by Dr. Louie D. Newton,Pastor,

Druid Hills Baptist Church.

4. Delivery of Seal by John B. Wilson,

Secretary of State.

5. Administering of Oath by Chief Justice

Richard B. Russell,Sr.,of the Supreme

Court.

6. Inaugural Address,Governor-Elect Eugene

Talmadge.

Entrance into the Hall will be in the

following order:

1. The Governor-Elect with the Legislative

Committee and the Adjutant General; the

Governor's wife and children.

2. Ex-Governors.

3. Secretary of State,John B. Wilson, and

Chief Justice Richard B. Russell, Sr.,

of the Supreme Court.

4. Justices of the Supreme Court and Court

of Appeals.

'

5. Members of the Governor's Staff.

6. Governorrs party.

The party will form in the Governor's Office at 11:30 A.M. then proceed from the Governorra Office when not1fied by the Legislative Committee at noon, and will march to the Inauguration in column of twos.

Respectfully submitted, Committee on the Part or the Senate, J.H. Skelton of 30th District. Committee on the Part of the House Russell Twitty of Wa.te County.

The following Senate Bills were 1ntroduced~read the first time and referred to committees:

WEDNESDAY, }ANUARY 16, 1935.

37

By Mr. Skelton,or the 30thSenate Bill No. 39. A Bill amending Title 77
("Prison Commission") raising the salaries of the Prison Commissioners to $4500 per annum; and for other purposes.

Committee on Penitentiary.

By Messrs.
S~ons,of

Atkinson,of the 8th; Be

the asle

lst;Cars y,of the

w2nedll;1uoafs

the kins

21st; ,of

the 6th; Clark,of the 44th;Dickerson,of the 5th;

Strickland,of the 3rd;Millhollin,or the 46th;Kirk-

land1or the 49th; Ed the 7th;Crawford,of

enfi the

eld,of the 4th 42nd;Pope,of

;Jon the

1e5s~1h;o

f

McWhorter,of the 19th; Carrington,of the 27th-

Senate Bill No. 40. A Bill amending the Consti-

tution of the State of Georgia providing for the

exemption from ad valorem taxation o! industries

engaged in the manufacture of paper of wood pulp;

and for other purposes.

Committee on Amendments to the Constitution.

By Mr. Kirkland, of the 49thSenate Bill No. 41. A Bill defining the relation-
ship of judges and jurors and when they shall be disqualified; and for other purposes.

Committee on General Judiciary No. 1.

By Mr. Dennis,or the 28thSenate Bill No. 42. A Bill amending an Act of
1927 providing that motor fuels sold for use in farm tractors or stationary engines shall be exempt !rom said tax; and for other purposes.

Committee on Finance.

By Mr. Dennis Senate Bill

1

of No.

the 43.

28thA Bill

amending

Code

Section

47-101 of the Code or Georgia of 1933,reducing the

legal rate or interest from 7 to 6 per cent; and

for otherpurposes

. Committee on Special Judiciary.

38

. JouRNAL oF THE SENATE,

By Mr. Nillican,ot the 35thSenate Bill No. 44. A Bill to create a depart-
ment ot Remedial loans as a section ot the Department ot Banking of the State ot Georgia and to define its duties; and tor other purposes.

Committee on Special Judiciary.

By Nr. Millican, of the 35th;Mr. Lester ot the 18thSenate Bill No. 45. A Bill amending the Consti-
tution of this State,so that the General Assembly may exempt from taxation the property of persons or corporations where the profit or income is devoted to charity or educational purposes; and tor other purposes.

Committee on Amendments to the Constitution.

The President announced that he had made his appointments of the standing committees ot the Senate tor the term ot 1935-1936. The Secretary read the committees as listed below:
STANDING COI'1MITTEES OF THE SENATE FOR THE TERI1 1935-1936
ACADEMY FOR THE BLIND

Gaskins,Chairman Dennis Kiker McGinty

Goodwin, Vice-Chairman Ragan Smith Wright

AGRICULTURE

Milhollin,Chairman Almon Carrington Darden Dickerson Duncan Edenfield

Scott, Vice-Chairman Gaskins Harden Kiker Lester Pope Rawlins

WEDNESDAY, JANUARY 16, 1935.

39

AMENDMENTS TO THE CONSTITUTION

Johnson,Chairman Beasley Carrington Carswell Clark Crawford Dickerson Harden King

Jones, Vice-Chairman Kirkland Larsen Milhollin Millican McGinty Pope Rucker Vaughn

APPROPRIATIONS

Lester,Chairman Beasley Cannon Carrington Cooper Darden Dickerson Edenfield Goodwin Harden Hart Johnson Jones

King, Vice-Chairman Kiker Kirkland McWhorter McGinty Milhollin Pope Rawlins Scott Skelton Thomas Wright

Cannon, Chairman Dennis King McGinty

AUDITING

Beasley, Vice-Chairman

Pope



Strickland

Evans, Chairman Beasley Carringtpn Carswell Clark Crawford Goodwin

BANKS & BANKING
Atkinson, Vice-chairman Johnston King Kirkland Lancaster McGinty Milhollin

40

JouRNAL OF THE SENATE,

Millican Pope Scott Ragan

Skelton Simmons Smith Vaughn

COMMERCE

Dennis, Chairman Cooper
Fulghum
Goodwin Lancaster Lester Milhollin

McGehee, Vice-Chairman Millican Mc'VJhorter Pope Ragan Simmons Wright

CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT

M i l l i c a n , Chairman Clark Crawford Cooper Darden Dennis Duncan Evans
Fulghum
Hart

Carswell, Vice-Chairman Kiker Kirkland Larsen McGehee Simmons Skelton Turner Vaughn Wright

CONSERVATION

Edenfield, Chairman Atkinson Beasley Cannon Chappell Clark Darden Duncan Evans
Fulghum
Gaskins Johnson Jones

Carrington, Vice-Chairman Kiker Lancaster Kirkland Milhollin McLeod Ragan Rucker Simmons Strickland Thomas Turner Wright

WEDNESDAY, JANUARY 16, 1935.

41

CORPORA'riON

Duncan, Chairman Atkinson Carswell Clark Fulghum Gaskins Kirkland

Wright, Vice-Chairman Larsen Lester Millican l"IcLeod Turner Vaughn

COUNTIES & COUNTY MATTERS

Clark, Chairman Almon Beasley Chappell Darden Dennis Edenfield Evans Fulghum Hart Johnston King Kiker

Harden, Vice-Chairman Kirkland Milhollin Millican l"lcWhorter l"lcGinty Ragan Scott Sinn:nons Smith Strickland Vaughn Wright

DRAINAGE

Turner, Chairman Atkinson Dennis Duncan . Edenfield

Vaughn, Vice-Chairman Hart Ragan Thomas

EDUCATION AND PUBLIC SCHOOLS

King, Chairman Almon Atkinson Cannon Carswell Carrington Chappell Crawford

Goodwin, Vice-Chairman Darden Edenfield Evans . Gaskins Harden Johnson Kirkland

42

JouRNAL OF THE SENATE,

Lancaster Milhollin McGinty Pope Ragan

Strickland Simmons Smith Turner

ENGROSSING

McLeod, Chairman Carswell
Evans Goodwin

Cannon, Vice-Chairman Rawlins Thomas Turner

ENROLLMENT

Harden, Chairman Cooper Darden Goodwin

Crawford, Vice-Chairman Larsen Wright Vaughn

FINANCE

Carswell, Chairman Atkinson Almon Chappell Clark Crawford Dennis Duncan Evans Fulghum Gaskins Johnston Lancaster

Simmons, Vice-Chairman Larsen Millican McGehee McLeod Ragan Rucker Scott Smith Strickland Turner Vaughn Wright

GAME AND FISH

Crawford, Chairman Almon Carrington Chappell Clark Cooper

Atkinson, Vice-Chairman Darden Duncan Edenfield Fulghtun Harden

WEDNESDAY, JANUARY 16, 1935.

43

Hart Johnson Jones King Lester Larsen Lancaster McWhorter McGinty

Milhollin Ragan Rawlins Simmons Strickland Scott Skelton Turner Vaughn

GENERAL JUDICIARY NilllBER ONE

Skelton, Chairman Atkinson Dickerson Edenfield Evans Hart Jones

Goodwin, Vice-Chairman King Milhollin MeGehee Ragan Rucker Scott Vaughn

GENERAL JUDICIARY NUMBER TWO

Larsen, Chairman Carswell DUncan Chappell Cooper Crawford ,
Fulghum

Jones, Vice-Chairman Lester Millican Pope Rawlins Strickland Wright

HALLS AND ROOMS

Almon, Chairman Clark Cooper Edenfield Hart

Cannon, Vice-Chairman Millican Pope Rawlins Scott

HIGHWAYS AND PUBLIC ROADS

Beasley, Chairman Almon Atkinson

Jones, Vice-Chairman Cannon Carrington

44

JouRNAL oF THE SENATE,

Clark Crawford Darden Dickerson Duncan Edenfield Gaskins Harden Hart Kiker King Lancaster

Lester McGinty
Mc~Jhorter
Milhollin Millican Ragan Rawlins Scott Smith Turner Wright Vaughn

HISTORICAL RESEARCH

Strickland, Chairman Atkinson Carswell Dennis Goodwin Johnson Jones

Dickerson, Vice-Chairman KiKer King McGehee Scott Simmons Turner

HYGIENE & SANITATION

Smith, Chairman Beasley Cooper Carswell Dennis

Gary,Vice-Cha}rman Fulghum Johnson Lester Millican

INDUSTRIAL RELATIONS

Johnston, Chairman Atkinson Carswell Cannon Carrington Crawford Harden Kiker J;.,ancaster Lester

Wright, Vice-Chairman 1"11111can McGinty Ragan Rawlins Simmons Skelton Smith Thomas Vaughn

WEDNESDAY, jANUARY 16, 1935.

45

INSURANCE

Lancaster, Chairman Clark Darden Edenfield Gasl(ins Harden Hart Jones King

Johnstoni Vice-Chairman Mi lican McLeod McWhorter Pope Ragan Scott Smith

INTERNAL IMPROVEMENT

Atkinson, Chairman Beasley Carswell Darden
Fulghum
Johnston

Ragan, Vi ce-Chairma.n Millican Rucker SiiiDilons Skelton

JOURNALS

Hart, Chairman Cooper Lancaster Larsen

McGinty, Vice-Chairman Ragan Vaughn

MANUFACTURES

Simmons, Chairman Beasley Chappell Clark Cooper Darden Johnston

Sm1th, Vice-Chairman Lancaster Millican Milhollin McWhorter Ragan Scott

MILI'fARY AFJi'AIRS

Dickerson, Chairman Edenfield Harden JohnSon Johnston

Darden, Vice-Chairman Millican Scott Skelton

46

JouRNAL oF THE SENATE,

MINES & MINING

Kiker, Chairman Cannon Clark Crawford Johnston

Turneri Vice-Chairman Mi lican Smith Wright

MOTOR VEHICLE

Rawlins, Chairman Carswell Carrington Clark Cooper Dickerson Edenfield Harden King Kirkland

Darden, Vice-Chairman Kiker Milhollin Millican Pope Scott Smith Thomas Turner

MUNICIPAL GOVERNMENT

Cooper, Chairman Beasley Carrington Carswell Crawford Clark Dennis Duncan Edenfield Fulghum Gary Gaskins

Chappell, Vice-Chairman Jonnson Johnston McGehee McLeod McWhorter Millican Rawlins scott Sinrrnons Skelton Smith

PENITENT IJIJtY

Pope, Chairman Beasley Carrington
Cannon Clark Cooper

King, Vice-Chairman CraWford Darden Dennis Dickerson Gary

WEDNESDAY, jANUARY 16, 1935.

47

Harden Larsen McWhorter

Skelton Scott Vaughn

PENSIONS

Ragan, Chairman Chappell Crawford Larsen McLeod

Cooper, Vice-Chairman McWhorter Scott Skelton Vaughn

PRIVILEGES & ELECTIONS

Goodwin, Chairman Cooper Dickerson Evans Fulghum Gaskins Harden

Darden, Vice-Chairman Johnson . Kiker Lester Pope Rawlins Scott

PRIVILEGES OF THE FLOOR

Darden, Chairman Carswell Evans Fulghum

Turner, Vir.e-ChaJ.rman Goodwin McWhorter Vaughn

PUBLIC LIBA.RAY

Chappell, Chairman Beasley Carswell Cooper Darden Duncan Evans King

Skelton, Vice-Chairman Milhollin Millican McWhorter Ragan Simmons Vaughn

PUBLIC PRINTING

McGinty, Chairraan Cannon

Str1 ckland, V1ce-Chairman Chappell

48

jOURNAL OF THE SENATE,

Duncan Harden McLeod Ragan

Thomas Turner Wright

PUBLIC PROPERTY

Fulghum, Chairman Beasley Carrington Darden Edenfield Johnston Lester

Ragan, Vice-Chairman Milhollin Millican McWhorter Scott Smith

PUBLIC UTILITIES

Carrington, Chairman Atkinson Carswell Chappell Crawford Clark Gary Gaskins Johnson

Wright, Vice-Chairman Johnston Millican McLeod McWhorter Pope Rucker Scott S1mmons

RULES

The President, Chairman Atkinson Beasley Carswell Chappell Clark Crawford Duncan Gaskins Goodwin Harden Jones Johnson King

Scott, Vice-Chairman Kirkland Lester Millican McGehee McGinty McWhorter Milhollin Pope Rawlins Simmons Skelton Strickland Smith

WEDNESDAY, ]ANUARY 16, 1935.

49

SCHOOL FOR THE DEAF

Wright, Chairman Carrington Dickerson Evans Gary

Strickland, V}ce-Chairman Larsen McGinty McLeod Ragan

SPECIAL JUDICIARY

Vaughn, Chairman Beasley Carswell Chappell Cannon Carrington Crawford Clark Gary

Dickerson, Vice-chairman Gaskins Johnson Larsen McLeod Rawlins Scott Smith

STATE OF REPUBLIC

Darden, Chairman . Carringtbn Cooper Dickerson Edenfield Harden

Skelton, Vice-chairman Kiker Pope Rawlins Scott Thomas

STATE SA-~ITARIUM

Gary, Chairman Almon Beasley Carrington Chappell Cooper Darden Dennis

Goodwin, Vice-chairman Dickerson Gaskins Harden Johnson Kiker Lester
Thomas

TEMPERANCE

McGehee, Chairman Almon

Atkinson, Vice-chairman Carswell

50

JouRNAL oF THE SENATE,

Clark Crawford Cooper Duncan Evans
Fulghum
Goodwin Johnston King Lester l'Ulhollin Millican

McGinty McWhorter Ragan Rawlins Scott Simmons Skelton Smith Strickland Thomas Vaughn

TRAINING SCHOOLS

McWhorter, Chairman Almon Cannon Darden Edenfield Goodwin Hart King

Lancaster, Vice-Chairman Kirkland Milhollin McLeod Pope Rawlins Rucker Turner

TUBERCULOSIS SANITARIU11 AT ALTO

Thomas, Chairman Duncan Gary Gaskins Harden Johnston

Johnson, Vice-Chairman Larsen Milhollin Simmons Smith Strickland

UNIFORM LAWS

Jones, Chairman Atkinson Carswell Cooper Crawford Dickerson Duncan
Evans
Goodwin

McGehee, Vice-Chairman Hart Johnson King Kirkland Larsen Lester Pope Rawlins

51
WEDNESDAY, JANUARY 16, 1935.

Rucker Skelton

Vaughn Wright

UNIVERSITY SYSTEJ:-1 OF GEORGIA

Rucker, Chairman Atkinson Beasley Carrington Chappell Cooper Dickerson Edenfield Goodwin Harden Johnston Johnson

McWhorter, Vi ce-Ghariman Jones Lester Millican Milhollin Pope Rawlins Scott Skelton Smith Thomas Vaughn

WESTERN & ATLANTIC RAILROAD

Kirkland, Chairman Almon Atkinson Beasley Carrington Chappell Crawford Clark Dennis Edenfield Fulghum Gary Gaskins

McGinty, Vice-chairman Harden Johnston Jones Kiker Lancaster McLeod McWhorter Millican Ragan Scott Turner Thomas

The President appointed as a committee on the part or the Senate to escort His Excellency,the Governor, to the Hall of the House of Representatives for the inauguration, the following: Senator Skelton of the 30th District and Senator Scott of the 7th District.

Senator Lester of the 18th District asked unanimous consent that the Senate take a recess until the hour of 11:45 otclock and consent was granted.

52

JouRNAL OF THE SENATE,

The Senate was called to order at 11:45 o'clock and proceeded to the Hall of the House of Representatives.
The joint session called for the purpose of inaugurating His Excellency, the Governor,was called to order by the Honorable Charles D. Redwine,President of the Senate,at 12:00 o'clock, noon.
The Honorable John w. Hammond,Secretary of the
Senate, read House Resolution No. 13,a joint resolution providing for the joint session of the General Assembly to inaugurate the Governor.
The Honorable Eugene Talmadge,Governor,escorted by the joint committee of the Senate and House on the ina:ugural ceremonies, accompanied by State House officers and distinguished guests,entered the hall and occupied s~ats reserved for them,the Governor being seated on the Speaker's dias.
The Reverend Louie D. Newton,pastor of the Druid Hills Baptist Church of Atlanta,offered.the invocation.
Secretary of State,Honorable John B. Wilson, delivered the Great Seal of State to His Excellency, the Governor.
The oath of office was administered to the Governor-Elect, the Honorable Eugene Talmadge,by Mr. Chief Justice Richard B. Russell, Sr., of the Supreme Court of Georgia.
The Great Seal of State was returned to the custody of the Secretary of State,Honorable John B. Wilson,by His Excellency,Governor Eugene Talmadge.
The Governor then delivered his inaugural address. The address is as follows, to-wit:

WEDNESDAY, jANUARY 16, 1935.

53

INAUGURAL ADDRESS OF GOVERNOR EUGENE TALMADGE DELIVERED TO THE GENERAL ASSEMBLY OF GEORGIA
JANUARY 16, 1935 MR. PRESIDENT, MR. SPEAKER, MEI'lBERS OF THE GENERAL
ASSEMBLY OF GEORGIA, AND MY FELLOW COUNTRY.MEN:
Two years ago I raised my hand to Almighty God and subscribed to the oath which I have just repeated.
. During these past two years we have been busy here in the State.r think we hav& accomplished some things that are fundamental,ana I wish to briefly give an accounting of this stewardship to the General Assembly of Georgia.

Two years ago,just after the General Assembly adjourned there was certain legislation which had been pending before that body. and which had been voted on by the people. The House and Senate did not get together on this legislation. So, right after the Legislature adjourned, I issued an executive order, declaring the price,or exempting our people from paying more than $3.00 tor all automobile, truck and bus tags in the State of Georgia.

That action,my fellow countrymen,saved the people

in Geo cutive

rOgridae,rinw1as93r3e,pe$a2~1e5d1511n06109.3343,.anTdhadtusraimnge

Exethe

year 1934, the amount that was suspended and left

with the people amounted to $3,042,672.83.

However,! might add that during 1932,we had 287, 198 motor vehicles registered in Georgia and sold that many more tags at the old high price. During 1933,or after the reduction,of the price of tags to $3.00 it rose to 319,446 motor vehicles, and in 1934,that number rose to 396,685-or an increase in 1934 over 1932 of 109,487 motor driven vehicles in the State of Georgia.

I might add again that the increase in gasoline consumption was $2,973,242.55; that is, the 6 cent tax that comes to the State increased in the amount
ot $2,973,242.55 during the year 1934 over the year
1932,and with the &~ount received from the tags and

54

JouRNAL or THE SENATE,

the extra increase in the income from the gas tax,

there is very little difference in the revenue of

the State to a flat

rbaytetheofp$ri3c.oeoo. f tags

having

been

reduced

I might add this: The 109,487 additional motor vehicles on the highways of Georgia certainly furnishes thousands of jobs to people working in garages,selling tires and automobile fixtures.

I believe that a step out of our economic depression was gained from the reduction to the flat rate of $3.00 for tags,and this contributed more than any other move that could have been made at the time.

After that,my fellow countrymen, I made a trip all over Georgia. I knew that millions of dollars were being expended by the Highway Department. I had an itemized list of the expenditures,which was filed with me,under the provision of the Budget Law, which you enacted in 193l,and on that list there were over 300 engineers,about 175 linesmen,rodmen and draftsmen. Having just made the trip over the State,and seeing sometimes,squads of a dozen or more engineers surveying a road that had already been graded, and bridges that were already built, I thought that the overhead of the Highway Department should be reduced,especially when schools and other Departments of State were underpaid,and our school teachers had not,in some cases,had their salaries in two years.

I knew we could not tax our already tax-burdened

people more, and I thought the thing to do was to

cut down all useless overhead in that giant High-

way Department that was spending over one-half of

the revenue of the State. I insisted that the

Highway Department accept the amendfuent of the bud-

get. When they refused to accept these amendments,

and wished to operate without any budget,1t became

my duty to place men on the Highway Board who would

obey the budget laws of Georgia.

.

WEDNESDAY, jANUARY 16, 1935.

55

I appointed three new men,and I am proud to tell you that since the reorganization of the Highway Department,and I am quoting the Auditorts figures, we have saved in the overhead expenses in 1933 $1,134,088.17, and in 1934 $1,134,000.00.
There were other activities that the law imposed upon me as the Chief Executive of the State.
During the war,utility rates were advanced in some instances 100 per cent,and we did not care. We thought they should be because the price of labor and materials and everything else was getting higher.
But,after the war,instead of the utility rates coming down,in a great many instances,they advance~ and freight rates in particular,had advanced three times after our boys came back from across the sea~
My countrymen,! looked into the law. I looked into the rate charges. I knew my telephone down in Telfair County on the farm,had advanced from $1.50 per month during war times to $2.25 per mont~ and I found that here in Atlanta the cost of a
b$ulosi.oneos.s telephone had advanced from $5.50 to
I knew that all transportation rates and passenger rates had advanced so that if you shipped produce over the railroads it would hardly bring the freight. I knew that before passenger rates were lowered,even the lawyers for the railroad companie~ who rode on passes,hated to ride on the trains because they were so lonesome.
A petition was filed with me,complaining of the action of the old Public Service Commission by the Georgia Federation of Labor. On this petition,! filed a rule nisi to show cause before me why they should not be removed if the charges were sustaine~ and after an investigation of 19 days these charges .were sustained,at least to this point: All five members of the Commission swore on direct questions

56

JouRNAL oF THE SENATE,

by me that the old rates were reasonable,and as low as they could get them,although all other prices had come down, and that it was reasonable and right to keep the power rates,the telephone rates, and the transportation rates up at the price they were when.cotton was 40 cents a pound and corn $3.00 a bushel. After cotton dropped to 5 cents a pound and corn to 40 cents a bushel,these rates were kept just as high.
We removed the old Public Service Commission and appointed five new men,and a special report of the evidence that developed in that hearing will be filed with you,ladies and gentlemen of the General Assembly,on the 11th day of this session-that is as soon as the law permits,and in that report will be found all the evidence that was brought out at that hearing.
After the appointment of the new Commission,they took up the reduction of utility rates,and I want to report to you what they did.
They reduced the freight rates-the intra-State rates,that is the hauling inside the State and this is the only one they have any jurisdiction over 17%, and in some instances,more. I wish to state here that the Southeastern territory,that is the territory south of the Ohio River pays on Interstate shipments 33 1/3% higher than they do in the official territory 'that is,north of the Ohio River. In other words,you ship goods into Georgia tram the northeastern States,or the central western States,bring it down here and take the same articles and ship them back to the point of destination,and the charges will be three and one-half times more than the charges for sending them, into our State.
Talk about calling on manufacturers and businesses to come into Georgia and this section, and they have a handicap of 33 l/3% on transportation chargess Before this General Assembly adjourns,! hope that you will pass a resolution calling on our Congress to equalize the rates and make them on a mileage

WEDNESDAY, JANUARY 16, 1935.

57

basis from all points in the country. I wontt take time to itemize them,but the new
Public Service Commission has not shown any favoritism. They have a conservative estimate of the reductions in utility rates in Georgia per annum, without the increase in business on account of new customers,which amounts to over $6,000,000 per year. I wish to say when they reduced the telephone rates in Atlanta from $10.00 to $7.50 they reduced the others in proportion . During the first six months after these reductions went into effect, the telephone company put in over 40,00C additional telephones in Atlanta ~lone. When they reduced the rates of the Georgia Power Company and other power companies, I had a statement from the companies that their demands for new installments were so large they could hardly get the men to put them in.
You people know what happened on the railroads whep they cut their rates. I used to go to the Terminal Station, and to the depot at Waycross, or Albany,and there would be more employees than passengers there. But now,take a trip to these stations and you will see them filled with people who are riding on the trains,and freight trains are stretched out and ge~ting longer.
Right here I want to say that with reasonable freight rates and transportation rates,you are crowding the tr.ains and need a full-crew law.
My countrymen,! wish to state to you one other activity we have had. Along in July,after our efforts with the utility rates and with the Highway Department,it was my duty to levy the State ad valorem tax.
The law provides that we can not exceed a levy of five mills. For years it has been five m1lls,w1th varying exceptions. Some have reduced it to 4.93, and some to 4.98. Hon. John B. Gordon levied a

58

JouRNAL oF THE SENATE,

flat rate of four mills and for the first time since Gordon was Governor of Georgia,we again went back and cut the ad valorem tax 207b, and put on a :1at rate of four mills.

In 1933,the reduction of one mill in the State ad valorem tax saved the people of tl1is State, and left in their pockets, $1,245,229.25. In 1934, the assessment had been reduced on property,and we saved on this reduction of one mill $979,773.29.

Right here, I wish to call your attention to this:

The people here who get their tax receipts know.

Look at the~-the smallest bracket is the State tax,

and I think the reason for it is because it has always been under the spotlight.

,

The State Auditor published the rolls in the newspapers,it would be used in practically every State campaign. We have kept it reasonable and kept it down.

But this is the sad part. I have received letters from residents of counties,saying that as soon as the State cut the ad valorem tax one mill the county added on two mills.

I wish to call your attention ladies and gentlemen of the General Assembly to the fact that there are counties in Georgia with a county levy,independent of the school levy,as low as three mills. They are up-to-date,thr1ving counties,with good towns and good schools and progressive and are getting along all right.

Ladies and gentlemen of the General Assembly of Georgia,you could not do a better thing at this session of the General Assembly than to do for your counties and municipalities just what has been done to the State. Place a limit on the amount of taxes they can levy.

Now,my countrymen,these are some of the activities that we have had during the past two years

WEDNESDAY, JANUARY 16, 1935.

59

while you were away.

I welcome you here,the State welcomes you, the people of Georgia, I mean the working people, the men and women who are out trying to work for a living and pay taxes, and are not looking for relief-these are the people who are looking to you.

Now,letts see. There has been a great deal said as to where the money goes in Georgia. I wish to state to you in a brief way where some or it goes:

OUr largest expenditure,not or the State alone but of the State with the help or the Federal Government,(and the last allotment we received tram them was $10,000,000) is for highway purposes. The largest expenditure or the State is $12,000,000.00 by that Department.

The schools of 185.50 per year.

Georgia cost its In other words,

Gpeeooprgleia$1ta6x17es92,-

per pupil,white and black,amount to $17.75 per

year,for education. This is what the State Govern-

ment pays outside or matriculation rees,or other

incidental fees that are charged.

Right here,I wish to say that there has been an indebtedness that has been outstanding to our school teachers scattered over the State,some in 9ne county,and some 1n ano~her, or approximately $2 000,000, or over. There has also been an indebtedness to our Confederate pensioners. They are receiving 100% of the amount you gave themnow per year,but in'the past they have not been paid in full and some is still outstanding.

In the Highway Department,we have saved up $2,000,000 in cash and are asking you members of the General Assembly to take this $2,000,000 and divert it for the purpose or paying up the past due indebtedness to the school teachers and Confederate pensioners proportionately.

I wish also to call your attention to this: The

60

JouRNAL OF THE SENATE,

Constitution of this State provides,and I am glad we have the Judges of the Court or Appeals and the Supreme Court listening to my words, that the State, the counties and the municipalities,that is every town or city in Georgia,cannot incur a debt beyond the fiscal year, and that is the calendar year, with the exception of a bond issue--and they made an exception for educational purposes.
Georgia was the first State to put that limitation in the Constitution and Bob Toombs was the author at the Constitutional Convention of 1877.
After this limitation was put in our Constitution in 1877,sixteen other States in the Union adopted the same Constituional limitation as Georgia.
Georgia is better off financially than any other State in the Union.
Her bonds are selling at a premium of from 17 to 20% above par. We have been placed in this enviable position on account or the fundamentals of our Constitution.
I wish to say now that I challenge the moral right of a government to spend more money than it has.
If you get $8,000,000 from your taxes,how can you spend more than that and be morally right? If you do,you are putting a burden on the people you represent.
In other words,ir Judge Russell,Charlie Redwine and I, were a committee to whom a private 1ndividual had turned over $50,000 to go to New York to buy a bill of goods, and we went up there and bought $75,000 worth and shipped them back to the person with a bill of lading,we would not be acting morally right,as trustees.
I think this comparison is identical. After all, we are trustees of every one in Georgia.

WEDNESDAY, jANUARY 16, 1935.

61

During my campaign, I told you if I was your Governor two more years,! would pay up the balance of the Staters indebtedness,in toto,and not raise your taxes one dime.

Let's see what has been done along this line during the past two years:

When I came into office there was a total indebtedness outstanding as of December 31, 1932, of $7,523,835.82. This amount was reduced in 1933 to $5,384,355.24, and on December 31, 1934,this debt had been reduced to $4,024,566.15. We have the $2,000,000 saved up in the Highway Department,and if the General Assembly sees fit to divert it for the payment of the back indebtedness to our school teachers and Confederate pensioners,this indebtedness will be cut in half.

Now,rny countrymen,there have been two other major activities in the past of which I had the power to approve or disapprove,and I wish to report to you my actions:

There was a great deal said in regard to all of the States borrowing as much of the PWA money from the Government as possible. It was argued that 30% was a grant and that as 30% wa's a grant and the interest was so low on the remaining 70%,it was of great interest to every State and county to develop and put up all the buildings they needed.

This was based on the best of motives and I admire it.

I had just taken the oath of office at the ses-

sion of the legislature that I have taken this

morning,to uphold the Constitution and laws of our

State.



There were seventeen other States in the Union that had the same Constitutional limitation that we have in Georgia,tha.t they could not lncur a debt beyond the fiscal year.

62

JouRNAL oF THE SENATE,

Letts see what has been done in Georgia.

There was a great deal said about building a penitentiary in Tatnall County. I made several trips to Washington to see what could be done about it. Mr. Ickes,Secretary of the Interior,said that the only way we could borrow money in our State would be for the Federal Government to buy a tract of land in Georgia,put up the buildings,and if Georgia agrees to rent it,they will put a rental value on it and at the end of a certain term of years the property will return to the State of Georgia. This rental contract was approved,and also the building of this penitentiary in Tatnall County and the contract has been signed. It is up to the General Assembly of Georg1a,1f theywish,to rent it year by year. In this,Georgia is safe.

The other major building project in Georgia was the building of several buildings for our University system over the State.

The University is dear to the bearts of all of the people of Georgia-the Uri!versity, with 1ts traditions of Alexander Stephens,Bob Toombs,Emory Speer,and thousands of others whom I could name, who have been a boon to humanity.

I can cast my eyes over the auditorium,and see a number of men who were students at the University when I was there,and walked those campus grounds. My son is there. My father was a student there, and also my grandfather. I glory in that College and am willing to fight for it.

aroWuendhad$3a,ooporo,opooos.itAiofnteprwutarudps,aitt

first to borrow was cut to $2,800,

000.

~Constitutional limitation was before us,and finally able counsel,some of them members of the Board of Regents,and Mr. Ickes of the Department of the Interior,said,we would have to have a ruling as to whether this Constitutional limitation reterr-

WEDNESDAY, JANUARY 16, 1935.

63

ed to the Board of Regents. This went before the Supreme Court of Georgia,and that Court held that the Board of Regents were not officers of the State, but a separate,independent corporation,and that the limitation of the Constitution,keeping them tram going into debt did not apply.

You cannot get out of debt by going into debt.

I have no criticism to make as to the judgement

of the Supreme Court. I have not examined the law.

I am presuming that their ruling construed the law

Apsrsoepmebrllyy,,bthuat~1

I

have this you should

to say pass a

to this General law declaring the

Board of Regents officers of the State and subject

to the laws and the Constitution of this State,just

like all officers of the State. And letrs have it

understood that the property of the Board of Regents

and the University System of Georgia is the proper-

ty of the State. This includes the old Capitol

and the old Mansion at Milledgeville. Letrs keep

this property the property of the State of Georgia.

Last year,through this Union there were strikes. OUt West,they had a sailor or dockman's strike, which shook almost the whole of the United States. After this they had strikes in other States.

OUr Sister State of South Carolina had over a thousand National Guardsmen on duty where they were having strikes at the various mills. People had quit work,which they have a right to do--and I respect the right of a man to stop and strike when he wants to--but I also think this,I donrt think it, I know it; Whenever a man quits work and strikes, he should leave and not interfere with anyone else who wants to work.

I am glad I am talking to some of you who are farmers. What would you think if some of your cotton pickers went on a strike 1 Some of them strike on my farm sometimes,but they donrt hang around, they go on over to some other place and start to work.

64

JouRNAL OF .THE SENATE,

What would we think it our cotton pickers struck, and began to guard our lots and mules,and would not let anyone else come in t

Confronted with this,and with petitions tram the superior court,the sheriffs or the counties and where it was located in the municipalities,petitions rrom the mayors,saying they could not control the situation and requesting me to send the troups there to protect the great constitutional rights or the people,! called out the troops last September and declared martial law.

These troops went to several sections or Georgia and in a short time peace was restored. I did not revoke that order or martial law,as there have been little intermittent uprisings in different sections, so we have kept it on and the last call we received was about three weeks ago from Rossville.

There was a strike at the Richmond Hosiery Mills, which is within about 100 tt. ot the Tennessee line. Anyone could stand over the line and throw rocks, and anything was likely to happen. They put it up to me. They were having night-riders and destroying people's property. The sheritt,then the people,and the mayor and the judge or the Superior court called on me to protect and defend the Constitution or Georgia and the property and lives or the people, and so we sent the troops there.

This morntng,we were notified that the prisoners

who had been taken up during the strike were re-

leased, the troops were going home, the mills busy,

and the people at work.

.

1 expect I know nearly every pig path in the State and every creek, and river and branch.

I can ride by thousands or homes in the country, and know the names or the people Who live there.

We have a wonderful State.

WEDNESDAY, JANUARY 16, 1935.

65

In conclusion,you men here from Rabun Gap to Tybee Island,and from the plains of Alabama to the roaring Atlantic, are here to help either in passing laws or killing laws for the people who are back at home,hard at work,burdened down with taxes.
The only way I know that a government can help the people is to stay out of business,and be a fair referee between the people,and let its citizens do the business,and then take just as little toll as you can out of their property for government.
The only way to have an honest government is to keep it poor.
You canrt help the people by giving them something. You weaken their soul and their heart,and dry up their muscles, but if you save them somethi~,you encourage them to go on, branch out in bus1ness,ana hire people.
What we-want 1n Georgia is a busy,prosperous, happy,God-fearing people.

EUGENE TAU1ADGE
Mr. Harris of Richmond C.mmty moved that the joint session be dissolved and the motion prevaile~
The Senate returned to the Senate Chamber and was called to order by the President.
The following privilege resolution was read and adopted: By Senator Atkinson of the 1st District and Senator Millican of the 35th District-
Resolved by the Senate that the members of this body express to Senators Rucker of the 50th District and Chappell of the 13th District deep regret upon the illness of these members aud express the sincere hope that they may soon recover and be with us.

66

JouRNAL oF THE SENATE,

Be it further resolved that a copy of this resolution be sent by the Secretary to each of these absent members.
Senator Rawlins of the 45th District moved that the Senate adjourn,and the motion prevailed.
The President announced that the Senate stood adjourned until 10:00 otclock tomorrow morning.

THURSDAY, JANUARY 17, 1935.

67

Senate Chamber, Atlanta,Ga., Thursday, January 17, 1935. The Senate met, pursuant to adj ourrnnent, at 10 otclock A.M., this day and was called to order by the President. Prayer was offered by the Rev. Dr. c.A. Norton. Senator Scott of the 7th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Hart of the 36th District Chairman ot the Committee on Journals,reported that the Journal of yesterdayrs proceedings had been examined and found correct. Senator Goodwin of the 20th District asked unanimoub 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: By Senator Scott ot the 7th DistrictSenate Resolution No. 16. A Resolution providing that all Committees to which the so called Administration Measures have been refeFredi be called together by their chairmen at the ear !est practical moment. Upon an inquiry by Senator Atkinson ot the 1st District, the President announced that committee reports coulu not be tiled until the first day of the Regular Sixty Day Session. The President announced the following corr~ct1on in his committee assignments made at yesterdayrs session:

68

JouRNAL oF THE SENATE,

Senator Harden of the 47th District to replace Senator Smith of the 24th District as Chairman of Committee on Enrollment, Senator Smith's name being removed from the committee.
Senator Lester of the 18th District asked unanimous consent that Senators having bills and reso-
was lutions to introduce be allowed to do so at this
time and consent granted: The following Senate Bills were introduced,read
first time and refer~ed to committees: By Mr. Lester,of the 18th-
Senate Bill No. 46. A Bill to alter and amend the laws relating to Practice and procedure in criminal cases in the courts of this State;to provide the powers and duties of the judges;to provide for joint indictment and for other purposes.
Committee on Uniform Laws. By Mr. Lester,of the 18th-
Senate Bill No. 47. A Bill to alter and amend the laws relating to practice and procedure in criminal cases in courts of this State; and for other purposes.
Committee on Uniform Laws. By Mr. Scott,of the 7th;and Mr. Lester,of the 18th-
Senate Bill No. 48. A Bill to amend Title 84 of the Code of Georgia of 1933 by providing for a state Board of Accountancy;and for other purposes.
Comndttee on Uniform Laws. By Mr. Edenfield,of the 4th-
Senate Bill No. 49. A Bill to regulate seining, netting,or trapping of fish; to regulate fishing In-fresh and salt water streams;and for other purposes.
Committee on Game and Fish.

THURSDAY, JANUARY 17, 1935.

69

By Mr.Edenfield,of the 4thSenate Bill No. 50. A Bill to regulate and pro-
hibit hunting of deer or other game animals at night;and for other purposes.
Committee on Game and Fish. By Mr. Edenfield,of the 4th-
Senate Bill No. 51. A Bill to regulate the storage of all game animals; and for other purposes.
Committee on Game and Fish. By Mr. Edenfield,of the 4th-
Senate Bill No. 52. A Bill to prescribe closed season for hunting deer,turkey,grouse or any type of pheasant within certain counties.
Committee on Game and Fish. By Mr. Edenfield,of the 4th-
Senate Bill No. 53. A Bill to authorize the Corr~issioner of Game and Fish to contract with the United States Government for the control and regulation of Federal Forest lands with game,birds, fish; and for other purposes.
Committee on Game and Fish. By Mr. Dennis,of the 28th-
Senate Bill No. 54. A Bill to regulate the transportation of school children and r~quire County Board of Education to construct bus ctepots;and for other purposes.
Committee on Education. By Mr. Dennis of the 28th-
Senate Bill No. 55. A Bill amending Title 58 of the Code of Georgia of 1933 by fixing the speed limit of vehicles; and for other purposes. Committee on Motor Vehicles.

70

JouRNAL oF THE SENATE,

By Mr. Millican,of the 35thSenate Bill No. 56. A Bill to remit,cancel and
annul all poll taxes which have accrued prior to January 1st, 1934; and for other purposes.
Committee on Amendments to the Constitution. The following Senate Resolution was introduced, read the first time and ordered to lay on table for one day: By Senator Lester of the 18th District: Senate Resolution No. 17. A Resolution requesting the Senators from Georgia in Congress to vote and use their influence against the entry of the United States into the World Cour~,and that a copy of these resolutions be forwarded to the senators from Georgia. Senator Atkinson of the 1st District asked unanimous consent that the Senate take a recess subject to the call of the chair and consent was granted. At 11:45 orclock,the President called the Senate to order. The following message was received from the House through l"Ir. 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. Lindsay of DeKalbHouse Resolution No. 11. A Resolution commending President Roosevelt for the improved condition of the country.
ByHMouessesrRs eHsoalruritsionofNRoi.ch2m6o.ndAaRndesootlhuetirosn- providing
that the General Assembly reconvene in regular ses-

THURSDAY, JANUARY 17, 1935.

71

sion at 10 o'clock, A.M. on Thursday, January 24th, 1935.
The following resolution of the House was read and adopted: _By Messrs Harris of Richmond,Culpepper of Fayette, Spivey of Emanuel,and McCracken of Jefferson-
House Resolution No. 26. A joint resolution that the General Assembly of Georgia reconvene in regular session at 10 otclock A.M~, on Thursday, January 24th, 1935.
The President introduced the Honorable O.K. Armstrong,a member of the Legislature of Missouri, who addressed the Senate concerning the various problems confronting the Legislatures of the different States.
The following Senate Resolution was read and adopted: By Senator Crawford of the 42nd District-
Senate Resolution No. 18. A resolution requesting the President to add the following names to the Game and Fish Co~nittee: Senators Hart of the 36th District,Vaughn of the 34th District,Strickland of the 3rd District,and Clark of the 44th District.
The following Senate Resolution was introduced and read: By Senator Atkinson of the 1st District and Senator Evans-of the 29th District:
Senate Resolution No. 19. A Resolution providing that when the General Assembly adjourns today that it stand adjourned until Monday, January 21,1935.
Senator Skelton of the 30th District moved that the Senate adjourn. Motion was lost.

72

JouRNAL OF THE SENATE,

The question was then on the adoption of the resolution.
Division was called for and upon the passage of the resolution the ayes were 22, nays 11.
The resolution having received the requisite Constitutional majority, was passed.
Senator Scott of the 7th asked unanimous consent that the Senate take a recess subject to the call of the Chair,and consent was granted.
The President called the Senate to order. The following Senate Resolution was read and adopted: By Senator Edenfield of the 4th DistrictSenate Resolution No. 20. A resolution requesting the President to place Senator Strickland of the 3rd District on the Conservation Committee of the Senate. The following privilege resolution was read and adopted: By Senator Scott of the 7th District: A resolution extending the privileges of the floor to the Honorable T.F. Calloway of Thomasvill~ President of the Ga. Baptist Association. Leave of absence was granted Senator Goodwin of the 20th District until Monday,next. Senator Skelton of the 30th District moved that the Senate adjourn and the motion prevailed. The President announced that the Senate stood adjournd1 m~til 10 o'clock tomorrow morning.

FRIDAY, jANUARY 18, 1935.

73

Senate Chamber, Atlanta, Ga., Friday, January 18, 1935.
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 tile Rev. Dr. C.A. Norton. Senator Millican of the 35th District,asked unanimous consent that the calling of the roll be dispensed with, and the consent was granted. Senator Hart of the 36th District,Chairman of the Committee on Journals, reported that the Journal or yesterday's proceedings had been examined and found correct. Senator Jones of the 17th District,asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. The Journal was confirmed. The following Senate Resolution was read: By Senator Lester of the 18th DistrictSenate Resolution No. 17. A Resolution requesting the Senators from Georgia in Congress to vote and use their influence against the entry of the United States into the World Court,and that a copy of these resolutions be forwarded to the Senators from Georgia. Senator Skelton of the 30th District,moved that the resolution be tabled,and the motion prevailed. The following House Resolution was read a.nd adopted: By Mr. Lindsay of DeKalbHouse Resolution No. 11. A Resolution corrrrnend-

74

JouRNAL OF THE SENATE,

ing President Roosevelt for the improved condition or the country.
The following communication from the Mayor and General Council of the City of Atlanta,addressed to the President or the Senate,was read: BY COUNCILrillN MILAM: WHEREAS the City of Atlanta has been honored by the people or Georgia as the location or the Capitol or this State, and WHEREAS Atlanta is the home or the Governor or Georgia during his incumbency in office,and is gratefully appreciated or the honors so shown it, and WHEREAS the Legislature of the State of Georg~a convenes in this city on January 14 next in regular biennial session,and WHEREAS hundreds or members or the General Assembly maintain temporary residence here during the period or the legislative session,by reason or whose presence thousands or other citizens or Georgia will be visitors here, and WHEREAS the nresence or these leaders in the political anu governmental affairs or our State is greatly appreciated by the City or Atlanta, and being desirous or formally expressing this appreciation,thererore,be it RESOLVED By the Mayor and General Council that we hereby extend to these honored visitors assurance or our heartiest official welcome to the city,and the expression or our sincere desire that their stay among us will be or pleasure to tnem and their deliberations may be or great benerlt to all citizens or Georgia. Be it further RESOLVED that all agencies or the city government or Atlanta be instructed to extend to members or the legislature,their families and their friends every possible courtesy and care in the matter or their protection and welfare that their sojourn here may be a happy one. Be it further RESOLVED that a copy or these resolutions be sent to the Governor or Georgia, the President of the

FRIDAY, JANUARY 18, 1935.

75

Senate and the Speaker of the House of Representatives.

A true copy, J.Henson Tatum, Clerk of Council.

Adopted January 7th,l935. Adopted January 9th,l935. James L. Key, Mayor.

The following Senate Resolution was read and referred to the Committee on Rules:

By Senator Skelton of the 30th District-

Senate Resolution No. 20. A Resolution proposing to amend Senate Rule No. 42 in regard to the introduction of Senate Bills and Resolutions.

Senator Scott of the 7th District asked unanimous consent that the Senate take a recess and the consent was granted.

The President called the Senate to order.

The President introduced to the Senate, Hon. Scott M. Loftin,President of the American Bar Association,who discussed briefly the proposals of the American Bar Association under its program designed to raise the standards of the Bar,and to better combat crime.

The Senate recessed subject to the call of the Chair.

The President called the Senate to order.

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

I1r. President:

The House has adopted by the requisite Constitutional majority the following resolution of the House to wit:

By Mr. Brown of Glynn-

76

JouRNAL oF THE SENATE,

House Resolution No. 33. A resolution extending an invitation to Honorable HoYmrd E. Coffin to address the General Assembly or Georgia,Monday, January 21, 1935.
The following House Resolution was read and adopted: By Mr. Brown of Glynn-
House Resolution No. 33. A Resolution extending an invitation to Hon. Howard E. Coffin to address the General Assembly of Georgia, Monday, January 21, 1935.
Senator Scott of the 7th District moved that when the Senate adjourns today that it stand adjourned until Monday, next, at 11 otclock, and the motion prevailed.
The following privilege resolutions were read and adopted: By Senator Lester of the 18th District-
A Resolution extending the privileges or the floor to Hon. D.T. Simpson,President of Junior Chamber of Corn.merce,or Savannah,Ga.
A Resolution extending the privileges of the floor to Hon. Susie T. I1oore of the 47th District, who was a member of this body at the last session of the General Assembly. By Senator Ragan of the 14th District-
A Resolution extending the privileges of the floor to Miss Azalee Jackson, one of Georgia's most outstanding women.
Senator Lester or the 18th District moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 11 otclock Monday morning.

MoNDAY, JANUARY 21, lll~5.

77

Senate Chamber, Atlanta, Ga., Monday, January 21, 1935.

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 c.A. Norton.

Senator Rucker of the 50th District presented himself at the Secretaryrs desk and was administered the oath of office by Honorable I.H. sutton, Judge of the Court of Appeals of Georgia.

The roll was called and the following Sena~ors an-

swered to their names:

Atkinson

Harden

Milhollin

Beasley

Hart

Millican

Cannon

Johnson of the Pope

Carrington

31st

Ragan

Carswell

Johnston of the Rawlins

Clark

39th

Rucker

Cooper

Jones

Scott

Crawford

Kiker

Simmons

Darden

King

Skelton

Dennis

Kirkland

Smith

Dickerson

Lancaster

Strickland

Duncan

Larsen

Thomas

Edenfield

Lester

Turner

Evans

McGehee

Vaughn

Gary

McGinty

Wright

Gaskins

McLeod

Mr. President

Goodwin

McWhorter

Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that the Journal of the preceding session,January 18,1935,had been examined and found correct.

Senator Scott of the 7th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted.
The fo~owing privileged resolution was read and

\

78

JouRNAL oF THE SENATE,

adopted. By Senator Scott of the 7th-
Senate Resolution No. 21. A RESOLUTION.
Whereas, the Senate has learned of the sudden death this morning of our beloved Chaplain,Rev. J.W.G. Watkins,a Confederate Veteran who has served this body as its spiritual advisor and Chaplain twenty-two consecutive terms,and
Whereas,this body is saddened in the passing to his final rest of this belovetl Minister of God, therefore:
Be it resolved,that the Senate stand adjourned today at 12:45 o'clock out of respect to the memory of our Chaplain.
Resolved further,that the President is hereby directed to appoint a committee of five members of the Senate to be an honorary escort at the funeral of Rev. Mr. Watkins, and to prepare suitable resolutions to be presented to the Senate.
Under the above resolution,the President appointed the following committee: Senators Scott of the 7th District, Crawford of the 42nd District,Millican of the 35th District, Almon of the 37th District,and Hart of the 36th District.
The Journal was confirmed. The President announced to the Senate that he had been notified of the illness of Senator Almon of the 37th District and Senator Fulghum of 48th District. The following communication was received from his Excellency,Governor Eugene Talmadge:

MoNDAY, JANUARY 21, 1935.

79

Jan. 17, 1935 REPORT OF CLEMENCY CASES TO THE GENERAL ASSEMBLY OF GEORGIA: I hand you herewith report,as required by law, showing action taken by me in all clemency matters, including reprieves,probations,paroles,commutations and pardons granted since January 10,1933. I call attention of this General Assembly to a part of the report styled"Special Probations recommended by trial Judge" Fonnerly it was the practice to release prisoners in misdemeanor cases upon recommendation of the trial Judge. Under date of May 23, 1934,the Attorney General rendered an opinion showing that after a prisoner began the service of his sentence the trial Judge was without jurisdiction and did not have authority,under the law,to amend his sentence. After that opinion,! required all misdemeanor cases, including those recommended by the trial Judge,to come before me regularly and have handled them as other cases are handled. The cases reperted under the head of SPECIAL PROBATIONS, under the old practice would not have been reported to tne Legislature. I call your attention to this so as to account for any increase that may be noted in the probations granted.
Sincerely yours, Eugene Talmadge Governor. RESPITES M.A. WELLS: Whitfield County; manslaughter;Prison Commission requires time to consider case;respite granted for a period of forty-five days from March 10, 1933.

80

JouRNAL oF THE SENATE,

SAM F. AIKEN: Fulton County; murder; attorneys r~ques~ additional time to make proper showing on petition for clemency; respite granted for a period of thirty days from March 16, 1933.

J.R. MCDOW: Troup County; murder; attorneys request additional time to consider case; respite granted for a perfod of thirty days from April 5, 1933.

B. STAFFORD: Lowndes County; murder; Prison

Commission request additional time to study the re-

cord; respite granted for a period of thirty days

from May 17, 1933.



B. STAFFORD: Lowndes County; murder; it has been made satisfactorily to appear that a further stay of execution be granted in this case in order that full justice may be done;respite granted for a period or thirty days from June 16,1933.

H.E. JORDAN: Fulton County; assault and battery; Prison Commission request additional time to study the record in case; respite granted for a period ot ten days from September 20, 1933.

W.A. LITTLE: Fulton County; non-support of children; re-arrested for violation of his probation for reasons that he was une~Ployed and had no means or paying for up keep of his children; has promise of job. Respite granted for period of thirty days from May 24, 1933.

LUTHER BOWEN: Catoosa County; involuntary-manslaughter; it is satisfactorily shown that the ends of justice require a respite tram the sufferance or sentence imposed; respite granted for a period of sixty days from August 3, 1933.

GEORGE A. HAYNES: Fulton County; abandonment; it has been made satisfactorily to appear that a respite in this case should be granted in order that he may provide means or support for his child; respite granted from July 5, 1933, until September

MoNDAY, JANUARY 21, 1935.

81

15, 1933. FLOYD SOUTH: Fulton County; murder; request
Floyd south be granted respite in order that he may appear as State witness in trial of Andrew Bostwick; respite granted frrnn the enforcement of the death sentence for and during a period of thirty days from November 17, 1933.
JAMES F. BARBEE: Pulaski County; murder; Prison Commission recommend respite be granted in order that the matter ma.y be _heard from the d9-y agreed upon; respite granted for a period of twenty days from October 4, 1933.
DR. H.T. HINTON and E.N. WILSON: DeKalb Cmmty; burglary; attorneys filed application in form of an Extraordinary Motion for a new trial. Respite granted from the execution of the sentence until same can be heard at the ter.m of DeKalb Superior Court, June 5, 1933. DR. H.T. HI~ITON and E.N. WILSON: DeKalb County; burglary; respite was granted on the 11th day of ]Wril,l933; attorneys request additional time; respite granted for a period of thirty days from June 6, 1933

CHARLES HADEN AND ROSS HATCHER, Jr: Bibb County; rape; Chief Executive requests more time to consider tl~e case; respite granted for a period of thirty days from May 22nd,l933.
G.c. LYDA: Cobb County; misdemeanor; showing has
been made defendant cannot pay fine instanter but can do so with reasonable time; respite granted for a period of thirty days from June 1, 1933.
ED MACK: Brook County; murder; attorneys request additional time to consider the case; respite granted for a period of thirty days from June 8, 1933.

82

JouRNAL oF THE SENATE,

FrHeOdMwER.

LEE New

SHORT: Asstt.

uM.sa.rlAonttoCronuenytyr,emquuredsetr;

Hon. additional

time to bring facts before the Prison Commission

and the Governor; respite granted tor a period or

thirty days fran June 23, 1933.

TOM WHITE, alias MOSE WHITE: Fulton County; murder; attorneys request additional time needed in order that the ends of justice may be attained; respite granted tor a period or thirty days from June 25, 1933.

B.E. BASS: Wayne County; embezzlement; County officers and County physici-ans state that his physical condition is cesperate and request that respite be given in order that he may return home; respite granted tor a period or sixty days tram August 19, 1933.

B.E. BASS: Wayne County; embezzlement; health unimproved; request that leave or absence heretofore granted be extended until January 1, 1934.

BE BASS: Wayne County; embezzlement; health unimproved; additional extension granted for a period of thirty days from December 30, 1933.

L.C. HAMILTON: Gwlnnett County; mm;der; certificate from physician State Far.m,states prisoner cannot live but short time unless treatment tor cancer is made available; respite granted tor a period or thirty days tram June 2, 1933.

L.c. HA11ILTON: Gwinnett County; murder; leave or absence exPired and it has been satisfactorily shown by physician treating Mr. Hamilton that further treatment is necessary; respite granted for a period or thirty days from July 2, 1933.

L.C.HAMILTON: Gwinnett County; murder; physician treating Mr. Hamilton states that further treatment is necessary; respite granted for a period or thirty days tram August 2, 1933.

MoNDAY, jANUARY 21, 1935.

83

L.Q. HAMILTON: .Gwinnett County, murder; it has been satisfactorily shown that further time is required for treatment; an extension of thirty days be granted from October 2, 1933.

L.C. HAMILTON: Gwinnett County, murder; several additional orders have been written extending leave of absence and it being shown that further time is required for treatment;respite granted thirty days from September 2, 1933.

FRED KILLIAN: Whitfield County; val-manslaughter; Attorneys request addition time consider case; respite granted for a period of thirty days from April 11, 1933.

RICHARD MORRIS: Fulton County; murder; attorneys request additional time to consider case; respite granted for a period of thirty days tram June 26, 1933.

c.RASDmEiRth,DASVoISl:ic

Fulton County, murder; itor General, requests

Hon. that

Claude time be

given in order that he may be used as a witness

for the State; respite granted for a period of

thirty days from April 27, 1933.

HOSEA PATRICK: FUlton County murder; counsel tor him will not have sufficient time to prepare and present plea tor clemency to Prison Commission; respite granted for a period or thirty days from March 30, 1934.

HOLLIS CURTIS: Newton County; abandonment;without financial means or property and physically unable to earn living,request time be given to master barbers trade sufficiently to enable him support family; respite granted for a period of ninety days from January 24, 1934.

GEORGE COLE: Clarke County murder; attorneys request time prepare and present evidence for consider~tion; respite granted for a period of thirty days from April 19th, 1934.

84

JouRNAL oF THE SENATE,,

REESE CASTLEBERRY, JR., Pickens County; murder; Prison Commission requests time consider case; respite or thirty days trom April 20th 1934,granted.

SHEFFIELD BENNETT: Clinch Countyi hog stealing; terms ot Prison Order granted Feb. 6, 1934, permitting Sheffield Bennett visit home on account or condition or his family; request Bennett's presence is urgently needed tor a longer time; respite granted tor a period or thirty days trom 21st day ot February, 1934.

HORACE SHEPPARD: Fulton County; murder; suffi-

cient time requested in order to investigate merits

ot the petition tor commutation sentence; respite

granted tor a period or thirty days trom November

10, 1934.

'

ISIAH ASHLEY: alias Buddie Ashley; Appling County; murder; Prison Commission requests additional time in which to study application; respite granted tor a period or thirty days trom December 19, 1934.

ALLEN WESTBERRY: Lowndes County; murder; Prison Commission states they need additional time to give application due consideration; respite granted tor a period or thirty days trom May 16, 1934.

ALLEN WESTBERRY: Lowndes County; murder; Prison Commission recommended commutation to lite imprisonment account mental condition; it is requested additional time be given in order that a lunacy commission may detern1ine the mental condition or Westberry; respite granted tor a period or ninety days trom July 6, 1934.

W.T. MORRIS: Fulton County; murder; Furlough is requested in order that W.T. Morris may receive medical attention; furlough for a period or thirty days tram April 7, 1934, is granted.

W.T. MORRIS: Fulton County; murder; further time is needed for treatment of Mr. Morris, who is in custody or Chief or Police T.o. Sturdivant,

MoNDAY, jANUARY 21, 1935.

85

respite or thirty days is granted from May 7,1934. JAMES WRYE: Fulton County; abandonment; Trial
Judge recommends he be given respite of sixty days in order that he may support and look after his children during his wife's sickness. Respite granted tor a period of sixty days from June 27th, 1934.
CLEVELAND JACKSON: Morgan County; murder; It has been made to appear that a stay of execution shou;Ld be granted in order that full justice may be done. Respite ot ninety days he granted from July 6,1934.
H. L. HORNSBY; Fulton County; burglary; Prison Commission recommends additional time be given study case in order that evidence might be produced to substantiate the contention of Hornsby that another man by name ot Murphy committed the crime. Respite of thirty days be granted from July 19, 1934.
c.w. ASKEW: Fulton County; operating automobile
on highway while intoxicated; defendant asks that he be granted a stay or execution on said sentence until he can bring matter before the Prison Commission under the rules and regulations prescribed in such matters, with the hope of getting his tine reduced. Respite granted tor a period of forty days from August 14, 1934.
c.w. ASKEW: Fulton County; operating automobile
while intoxicated; it has been shown that additional time is necessary; respite ot five days is granted from September 24, 1934.
c.w. ASKEW: Fulton County; operating automobile wedhicleleminentocyxictoatrecd.;wt.heAsPkerwis,wonhoChoamsmbiseseinonprreecvoimomuselnyd-
granted respites on August 14 and September 24. There is certain opposition to the application who should be given an opportunity to be heard on our next clemency day, Oct. lOth; respite tor a period ot twelve days from October 1st, 1934 is granted.

86

JOURNAL OF THE SENATE,

ALLEN DAY: Colquitt County; possessing liquor; it is shown that time is needed in which to make application to Prison Commission for clemency; respite granted for a period of thirty days from August 20, 1934.
BARNEY MCGROTHER: Colquitt County; adultry; time is needed in which to make proper presentation to Prison Commission; respite granted for a period of thirty days from August 20, 1934.
CLIFF GOBER: Fulton County; misdemeanor; defendant's family needs his services at home on account of illness; furlough of five days is granted from August 20th, 1934.
BUlLY MCLEAD: Carroll County; simple larceny; due to fact that he has an application penaing with Prison Commission which has not yet been acted on; and which will not be reached for several days; respite granted for a period of fifteen days from October 25, 1934.
BULLY MCLEAD: Carroll County; simple larceny; it has been shown that additional time is needed for case to be acted on by Prison Board; respite granted for a period of ten days from November 9th, 1934.
GEORGE MAY: Tift County, transporting whiskey, tine is excessive and application made to Prison Commission for commutation; respite granted for a period of forty days from the 23rd of October, 1934.
ARTHUR MARSHALL: Floyd County; murder; counsel for him show that they will not have sufficient time to prepare and present their plea to Prison Commission and Governor; respite granted for a period of thirty days from September 29th, 1934.
ARTHUR MARSHAlL: Floyd County; murder; Prison Commission requests additional time to consider application; respite granted for a period of thirty

MoNDAY, JANUARY 21, 1935.

87

days from November 14, 1934. T.H. BENNETT: Pierce County; cheating and swind-
ling, requests time so that he may file application with the Prison Commission; respite granted for a period of forty days from October 29th, 1934.
WILSON EBLING: Floyd Cmmty; selling beer; counsel request time to prepare and present plea for clemency to Prison Commission and Governor; respite granted for a period of thirty days from October 17, 1934.
HARRY THOMAS: Floyd County; possessing beer and otherwise violating the prohibition laws; application for commutation has been made to Prison Commission and applicant does not have sufficient time to comply with the rules or the Prison Commission; respite granted tor a period or thirty days from October 26th, 1934. CLAUD HICKS: Fulton County; murder; counsel for Claude Hicks will not have time to prepare and present their plea for clemency to Prison Commission and Governor; respite granted tor a period or thirty days from March 30th, 1934.
J.T. HAMMETT: Troup County, murder; Prison Commission has petitioned this office tor more time to study the peculiar facts in case; respite granted tor a period or thirty days from date, December 8th, 1934.
ROBERT BOOKER: Morgan County; distilling liquor; Attorney has appealed for time in order that Prison Commission may have time to consider application tor clemency; respite granted for a period or thir~ days from December 11, 1934.
J. L. JACKSON: Montgomery County; voluntary manslaughter; Prison Commission needs time in which to study and develop case; respite granted tor a period ot thirty days from December 14, 1934.

88

JouRNAL oF THE SENATE,

Rl\LPH FOR!'Ul\JE: Gwinnett County; misdemeanor; Prison Co~~ission requests more time to study application for clemency; respite granted for a period of thirty days from December 21,.1934.
H.H. SNEAD: Serving life sentence for murder in chain gang, Fulton Co., furlough is requested in order that he may have a major operation; furlough of thirty days is granted from December 22nd, 1934.
JOID~ WRIGHT and RACK REESE, alias Bussy; McDuffie County; murder; Prison Commission request additional time in which to study these cases; respite granted for a period of thirty days from January 4, 1935.
BOB PARKER: Gwinnett County, driving automobile while intoxicated; defendant request time within which to file his application for probation with the Prison Commission; respite granted for a period of forty-five days from December 31, 1934.
AARON ABELSON: Fulton County, cheating and swindling; Abelson has not been able to raise the fine an appeal having been made for. respite in order that he might file application with Prison Commission; respite granted for a period of thirty days from January 5th, 1935.
ALB~T ALLEN: Fulton County chain gang; Judge, Hon. Edgar E. Pomeroy recommends that he be sent to Grady Hospital for operation; respite granted for a period of thirty days from June 5th, 1934.
RALPH LOVELL: Fulton County; desertion; From affidavits or responsible people it seems that this is not a case of desertion; it is represented that his wife does not wish to follow husband to farm; respite of thirty days is granted from May 9, 1934.
T.H. BENNETT: Pierce County; cheating and swindling; January 4, 1935, probation was granted upon payment of fine of $150.00, requests more time in

MoNDAY, jANUARY 21, 1935.

89

which to raise of ninety days

fine; from

Jarensupariyteag, r1an93te5d.

tor

a

period

PROBATIONS

ALL PROBATIONS RECOMMENDED BY PRISON COMMISSION EXCEPT WHERE STATED.

SPECIAL PROBATIONS RECOMMENDED BY THE TRIAL JUDGE.

GUY ALLEN: Gwirmett County Superior Court; September term 1934; Having liquor; 12 months;This man has become insane and needs to be in the State Sanitarium; Commuted October 1-, 1934.

LEWIS AMEY: Atlanta Criminal Court; May term 1934; Possessing liquor; $50.00 or 4 months; Commuted August 13, 1934.

MRS. J.H. ADAMS, alias Billie Mcintyre: Atlanta Criminal Court; December term 1933; Simple Larceny 12 months; Commuted August 27, 1934.

BOYD ANDERSON: Hall County Superior Court;June term 1934; Misdemeanor; 12 months; Trial Judge, Hon. B.P. Gaillard requests pardon or parole; Commuted October 24, 1934.
S.o. BEDFORD: Fulton County Superior Court;
December term 1933; Misdemeanor; 10 months; Cammuted May 24,1934.

D.R. BRATCHER: Floyd County Superior Court; March term 1934; Possessing liquor; 12 months in gang,6 months in jail, or 4 months & $150.00; Recommended by the warden and the Solicitor General; Poor Physical condition; Commuted May 24, 1934.

WILL B. BROWN: Atlanta, Ga. Criminal Court; Feb. term 1934; Carrying concealed weapon; 6 months and 4 months; Recommended by Trial Judge and Probation officer, county physician; Commuted ~ay 29, 1934.

90

JouRNAL OF THE SENATE,_

BOB BROOM: Atlanta, Ga. Criminal Court; Nov. term 1933; Possessing liquor; 12 months & 8 months or $300.00; Recommended by the deputy warden; Commuted July 6, 1934.

R.P. BEAVERS: Alias R.P. Jones: Atlanta Criminal Court; March term 1934; Driving while drunk; 10 months; Recommended by Fulton County Probation O!!icer and Judge Frank Harwell; Commuted August 1, 1934.

ELIZABETH BLANCHARD: Cherokee County Superior Court; May term 1934; Misdemeanor; 6 months; Recommended by the Solicitor General; Commuted August 20, 1934.

HARDMAN BONE: Jefferson City Court; May term 1934; Having liquor; 12 months or tine ot $30.00 after about 2 months service; Recommended by the Judge o! City Court o! Jefferson; Commuted August 31, 1934.

J.D. BOZEMAN: Colquitt Co. City Court; May term 1934; Misdemeanor; 12 months; Recommended by the Judge and Solicitor,Sheri!! and the Prosecutor, County Commissioners o! Colquitt Co.,Commuted September 7, 1934.

LEE BATES: Atlanta Criminal Court; August term 1934; Misdemeanors; 4 & 2 & 12 months wife and children in destitute circumstances; Commuted September 19, 1934.

BUSH BRAND: Gwinnett County Superior Court;

March term 1934; Misdemeanor; 12 months; Recommend-

eOdrdbiynaJruydgEe.sW. .WW.agSestaarnkd,

Sheri!! C.F. Griswell, County Commissioners or

Gw1nnett County; Needed at home badly; Commuted

October 17, 1934.

J.c. Choren: Douglas County Superior Court; March term 1934; Misdemeanor; 12 months and 12 months; The prisoner has 9 children in a destitute and pitiful condition; Commuted May 29, 1934.

MoNDAY, JANUARY 21, 1935.

91

OSCAR COOK: Paulding County SUperior Court; August term 1933;.Misdemeanor; 12 months; Defendant is needed at home to make a crop for his family; Commuted May 29th, 1934.

JOHN COFFEE: Atlanta Criminal Court; June term

1934; Wife Beating; 6 months; Recommended by

Fulton County Probation Officer, and on account of

the condition of applicant's wife; Commuted August

9, 1934.

.

ROBERT CHASTAIN: Thomasville Criminal Court;Feb. term 1934; Driving while drunk; 12 months; Recommended by the Solicitor of City Court of Thomasville, Sheriff-Prosecutor; Commuted August 15,1934
H.H. COOPER: Atlanta Criminal Court; April term 1934; Misdemeanors; $100.00 or 8 months $50.00 or 4 months; Recommended by the Judge and Solicitor of the Criminal Court of Atlanta, Assistant Chief, Probation Officer; Commuted September 7, 1934.

JOHN CUTCHER: Fulton County Superior Court;Feb. term 1934; Possessing intoxicating liquor; 12 months; Applicant's family in destitute condition; Commuted September 19, 1934.

JOE COATES: Atlanta Criminal Court; May term
1934; Operating auto while drunk; $35.00 & 6
months;Comrr.uted September 19, 1934.

ERNEST CARROLL: Polk Com1ty City Court; September term 1934; Drunk on street; 12 months; Recommended by the Judge of City Court of Polk County, Warden and Chief of Police, City Officers and several others; Commuted September 21, 1934.
DEWITT CHURCH: Habbersham County Superior Court;' September term 1934; Non-support; 12 months; Applicant probated to Judge B.P. Gaillard,Jr.,under condition that he support his. fam1ly;Recommended by Judge Hon. B.P. Gaillard; Commuted October 11, 1934.

92

jOURNAL OF THE SENATE,

KING COGGINS: Gwinnett County Superior Court; August term 1934; Misd. Assault & Battery; 6 months; Recommended by members of the County Commission; Commuted October 17, 1934.
HORACE E. DUDLEY: Atlanta, City Court; July term 1934; Operating auto intoxicated; $50.00 or 6 months; Recommended by Solicitor General John McClelland and Fulton County Probation officer; Commuted October 25, 1934.
MARVIN DENNIS: Fulton County Superior Court; March term 1934; Larceny of -auto; 12 months;Rf3commended by Judge Superior Court, Probation Officer; Warden and guards state he has made a good record; A youth; Commuted May 29, 1934.
PARKS EATON: Atlanta Criminal Court; May term 1934; Vagrancy; 12 months; Recommended by trial Judge upon evidence showing that the prisoner is suffering with tuberculosis and has been authorized to receive treatment at the Veterans Administration Hospital, Oteen N.C.; Commuted July 3,1934. Not recommended by Prison Commission.
A.E. EVANS: Blackshear,Ga. City Court; August
term 1934; Misd.(2 cases); 4 months & 3 months;
Recommended by the Sherif!, County Commissioners, and several other persons in Pierce County,Commuted October 5, 1934.
KIT EMMIT: Swainsboro City Court; May term 1934; Possessing liquor; 12 months; or $75.00; Commuted August 31, 1934.
LOUIS EVANS: DeKalb County Superior Court;June term 1934; Robbery; 12 months; Commuted September 15, 1934.
JAMES FRANKLIN: Atlanta Criminal Court; August term 1934; Vagrancy; 6 months; Applicant has a job offered; Commuted September 18, 1934.
JAMES FREEMAN: Fulton County Superior Court;June

MoNDAY, jANUARY 21, 1935.

93

term 1934; Larceny auto; 12 months; Reconnnended by the trial Judge, Hon. Jno. D. Humphries; Solicitor Boykin, Prosecutor, arresting officers; Commuted September 19, 1934.

CHARLIE FREELAND: Atlanta Criminal Court; April term 1934; Possessing & selling liquor; 12 months; Applicant a youth; Commuted October 16, 1934.

PETE GERAKITIS: Fulton County Superior Court; October term 1933; Cheating and Swindling fraudulent checks; 12 months, 3 months, 3 months consecutively; Statement of the Probation Officer of Fulton; Recommended by responsible citizens of Fulton County; Commuted May 26, 1934.

ERNEST GAINES: Bibb County Superior Court; November term 1933; Misdemeanor,(Pi~tol); 12 months; Good prison record; Commuted May 24, 1934.

HENRY GREGORY: Polk County City Court; June term 1934; Being drunk on streets & highway; 12 months; Recommended by Judge and officers of court, and has a wife and child to support; Conm1uted October 25, 1934.

EFU~ST HINSON: Atlanta Criminal Court; Feb.term 1934; Assault & Battery; 6 & 6 months; Good record; Commuted October 11, 1934.

CLYDE HOBBS: Atlanta Criminal Court; April term 1934; Asst. & Battery,Possessing liquor; $35.00 or 4 months & 12 months concurrent; Report to the probation Officer twice a month in person; Commuted September 19, 1934.

LEE HUGHES: Atlanta Criminal Court; Sept. term

1934; Possessing liquor; 12 months; Applicant is a

youth; Commuted September 22, 1934.

.

FELTON HARRIS: Atlanta Criminal Court;Feb. term 1934; Possessing liquor; 6 months and $25.00; Statment of Probation Officer shows that prisoner has three small children and a wife dependent upon him

94

JouRNAL oF THE SENATE,

for support, and has job waiting for him; Commuted May 29, 1934.
MRS. ADDIE(CARL)HONEA: Atlanta Criminal Court; Jan. term 1934; Driving auto while intoxicated; 12 months and 6 months; Recommended that the prisoner be probated on account of the serious illness of her children; and upon statement of the Probation Off"icer of Fulton County; Commuted May 28, 1934.
J.R. HAILEY: Atlanta, Ga. Criminal Court;March term 1934; Possessing intoxicating liquor; 6 months or $50.00; Family in destitute circumstances; Reco~ mended by Probation Officer of Fulton County; Commuted June 7, 1934. Not recommended by Prison
corruni ssion.
JESSIE HATTON: Atlanta Criminal Court; Feb.term 1934; Possessing liquor; 4 and 8 months; Good prison record; Comm~ted August 13, 1934.
KATY HARDY: Atlanta Criminal Court; May term 1934; Possessing liquor(2 Cases); 4 months and 8 months; Recommended by Judge and Solicitor General and Probation officer; Commuted August 16, 1934.
MARVIN HEST: Chattooga Co. Superior Court; June term 1934; Possessing liquor; 3 months; Served all but about 10 days of sentence, made good prison record; Recommended by the Warden, and has a very sick child; Commuted August 21, 1934. PERCY HUGHES: Atlanta Criminal Court; Feb. term 1934;Pointing pistol,concealed weapon;4 and 6 months;It is ordered that applicant serve the remainder of his sentence under the supervision of the Chief Probation Officer of Fulton County; September 19,1934, whencommuted.
LEOLA JONES, alias BROOKS: Atlanta, Ga. Criminal Court; Jan. term 1934; Possessing liquor; 6 months; The prisoner has served practically all of her time; Commuted May_29, 1934.

MoNDAY, JANUARY 21, 1935.

95

FLETCHER JACKSON: Atlanta Criminal CoUI't; June term 1934; Gaming; 6 months; Recommended by Chief Probation Officer of Fulton County; Commuted Sept. 14, 1934.

CARL KIKER: Pickens County Superior Court; March

term 1934; Misdemeanor; 12 months; Good prison

record and recommended by the Sheriff of Pickens,

Clerk of Court and Ordinary, who request that on

account or the illness of applicant's father the

regular 30 days notice be waived; Commuted July 17,

1934.

.

FRANK KELSEY: Dodge County City Court; August term 1934; Vagrancy; 6 months; Clemency is recommended by the Sheriff, Judge of City Court and Solicitor; Commuted September 17, 1934.

EMORY LONG: Fulton County Superior Court; May term 1934; IIisdemeanor; $30.00 or 6 months; Recommended by Judge Ver1yn B. Moore; Commuted October 11, 1934.

JOHN MOORE~ alias JACK CARTER: Fulton County Superior Court; July term 1934; Larceny of auto; 12 months; Youth of applicant; Cornmuted October 11, 1934.

CLARENCE .MEEKS: Atlanta Criminal Court; March term 1934; Misdemeanor; 6 and 4 months; Commuted September 29, 1934.

CHARLIE MOORE: Atlanta Criminal Court; September term 1933; Simple larcegy, 6.months, 12 months, 12 months; Recommended by Fulton County Probation Officer; Commuted October 10, 1934.

ALBERT MCCLAIN: _Atlanta Criminal Court; October term 1934; Misdemeanor; 3 mos. Recommended by Solicitor, Chief Probation Officer and others; Commuted October 5, 1934.

PAUL MCBRAYER: Atlanta Criminal Court; April term 1934; Vagrancy; 12 mos.; Recommended by Fulton

96

JouRNAL oF THE SENATE,

County Chief Probation Officer; Commuted September 19, 1934.

BEN MOSS: Atlanta, Ga. Criminal Court; July term

1934; Hoboing; 1 month; This boy is only about 17

years of age and recommended by the Judge; Commuted

July 16, 1934. Not recommended by Prison Commiss-

i~m.

.~

JAMES MCNEAL: Atlanta, Ga. Criminal Court; May term 1934; Assault and battery; 3 months; .Good prison record and less than one month left to serve and the usual 30 days notice is waived; Commuted July 28, 1934.

M.P.(PRICE) MELTON: Atlanta Criminal Court; May term 1934; Simple larceny; 12 months; Recommended by Fulton County Probation Officer and on account of youth of this boy; Commuted August 9, 1934. Not recommended by Prison Commission.

CHARLES MARTIN: Spalding County City Court; May term 1934; Hoboing; 4 months; Recommended by the Judge and Solicitor of the City Court of Griffin 30 days notice has been waived; Commuted August
22, 1934.

ARCHIE MILLER: Stephens Co~ Superior Court; Misdemeanor; January term 1934; 12 months; Recommended by Judge B.P. Gailliard, Jr. Judge of the Superior Court; Commuted September 17, 1934.

ANDERSON I1ARSH: Effingham County Superior Court;
Dec. term 1933; Assault & Battery; $100.00 or 12
months; Youth of prisoner, time already served; Crnrunuted September 20, 1934.
\
HOMER ELLISON: Atlanta Criminal Court; April term 1934; Concealed weapons & drunk; 12 & 3 months; Recommended by the Chief Probation Officer of Fulton County and due to the illness of one of his ch11dren;Commuted September 19,1934.

VERNIE PLUMLEY: Atlanta, Ga. Criminal Court;

MoNDAY, JANUARY 21, 1935.

97

May term 1934; S~ple larceny; 3 months; Recommended by the Probation Officer and his statement as to the extreme youth or the defendant and the small amount involved, viz: one gallon or gasoline valued at 20; Commuted May 29, 1934.
ANDREW PURDY: Atlanta, Ga. Criminal Court; July term 1934; Hoboing; 1 month; This boy is only 18 years or age and never been in any trouble before; Commuted July 16, 1934; Not recommended by Prison Conunission.
W.H. PHILLIPS: Atlanta Criminal Court; June term 1934; Operating auto while intoxicated; 12 months; Recommended by Judge Jesse M. Wood, Criminal Court ot Atlanta and Probation Officer of Fulton County; Commuted July 28, 1934.
F.A. RITCHIE: Atlanta Criminal Court; July term
1th9e34S oSliimcpitloe rLaHrcoenn. yJ;oh6nmso.ntMhscCRleelcloamndm;enCdoedmmbuyted
Oct. 10, 1934. GEORGE RICHARDSON, Col: Fulton County Superior
Court; April term 1934 Misdemeanor; 12 months; Recommended by the Solicitor General,Deputy Warden Fulton County; And applicant has wife and several children in need or his support; Commuted October 25, 1934.
LINWOOD ROf!S: Atlanta Criminal Court; June term 1934; Simple larceny; 4 months; Mother is dependent on applicant; Commuted September 19, 1934.
E.s. SPEAR: Atlanta Criminal Court; May term 1934; Operating auto while under influence or intoxicating liquor; 4 months and 8 months on probation; The trial Judge who not only recommends but requests waiver or 30 days notice; and recommended by a number or citizens and dependent condition or mother; Commuted June 18, 1934; Not recommended by Prison Commission.
IRVIN SEWELL: Carrollton City Court; January

98

JouRNAL oF THE SENATE,

term 1934; Assault & battery; 12 months; Recommended by the: prosecutor and the prisoner'S family iS in destitute circumstances and that.he can help relieve them; GommutedJune 8, 1934; Not recomniended by Prison Commission. .

. LEWIS SCOTT: Atlanta Criminal Court; June -term

1934; -Carrying concealed weapon; ;$.50~00 cir 6

months; Recbnlmended by the County Probation Off.tcer

and by Mr. J. 'D. Bazemore, Deputy Sheriff of Fulton

County; Commuted August 7, 1934.



J ~R. SMITH: 1934; carrying

AcotnlacnetaaleCd rwimeainpoanl sC; o$u5rot;.ooJunoer

term
6

months; Recommended by the Fulton County Probat~on

Officer; Commuted August 6;' 1934.

J.A. STEWART: Atlanta Criminal Court; September term 1934; Possessing liquor; $50.00 and 6_ months; Applicant .is nearly bllnd and has a dependent fam1ly.and he iS unable to pay the fine; Commuted September 19, 1934.

FRANK STOKES: Atlanta Criminal Gourt; July term 1934;Vagrancy,possessing liquor;3 mos.and 3 nios; . statement from the county physician shows that ~ prisoner is suffering from pulmonary tuberculosis; Commuted Septen.ber 20, 1934.

LEWIS SHAW: Polk County Superior Court; Feb.

term 1934; Drunk on Highway; 12 months; Recormnend-

se.dwb. yRJaugdsgdea.leJ.

R. and

Hutcheson and on account of

Solicitor"'-General, his good prison

record; Commuted Oct. 8, 1934

.F.L. Silvey: Atlanta Criminal Court; June term
1934; Operating auto drunk & M1sd; 4 and 2 months;
B~commended by Fulton County Probation Officer; Cn~uted October 5, 1934.

W.H. THARPE: Americus City Court; July tenn 1934) Hisdemeanor; 7 months or $200.00 and 30 daysin jail; Prisoner has served approximately 3 months at the State Prison Farm, and clemency is recornmen<i-

MoNDAY, ]ANUAR.Y 21, 1935.

99

ed by Trial Judge on payment or the $200.00 fine; Commuted October 22, 1934.
WM. THRISK: Richmond County Superior Court; Jan. term 1934; Larceny auto; 12 months; Good prison record; Commuted October 12, 1934.
EDWARD THAMES: Newnan, Ga. City Court; March term 1934; Larceny from House; Recommended by the Solicitor or the City Court and many citizens or Coweta County, and the condition or his wife, who is the mother or a two months old baby; Commuted September 29, 1934.
JAMES THOMAS: Atlanta Criminal Court; Dec. term 1933; Possessing liquor; $50.00 or 4 months and 8 months; Commuted September 14, 1934.
DURAND TUCKER: Atlanta Criminal Court; April term 1934; Misdemeanor; 4 & 3 months; Commuted August
22, 1934.
WILEY TURNER: Clayton County Superior Court; April term 1934; Misdemeanor; 12 months; Recommended by the Prosecutor, I am today issuing Probation for Turner. Due to the emergency that exists the Prison Commission has waived the 30 day notice; Commuted August 3; 1934.
ELWOOD ULCH: Atlanta Criminal Court;" Feb. term 1934; Attempted burglary; 12 months; The prisoner has an aged mother who does not know or his troubl~ It is ordered that applicant serve the remainder or his sentence under probation provided transportation is furnished him to return to Detro1t,M1ch1gan; Commuted September 19, 1934.
GEO VINCENT: Fulton County Superior Court; May term 1934; Larceny auto; 12 months; Recommended by Fulton County Probation Officer; Connnuted Oct. 10,
1934.
JIMMIE LEE WILKERSON, alias HARRY HOLCOMB: Fulton County Superior Court; July term 1934; Burglary;

100

JouRNAL OF THE SENATE,

12 months; Applicant a youth; Commuted October 11, 1934.
JNO. w. WHITE: Decatur, Ga. City Court; January
Term 1934; Misdemeanor-drunk; 12 months; Recommended by the Solicitor City Court of Decatur, Hon. D. P. Phillips; Commuted October 10, 1934.

V.W.D. WARD: Atlanta Criminal Court; June term 1933; Cheating & Swindling; 12 and 6 months; Most of this sentence has been served; Commuted September 19, 1934.

LEWIS WATSON: Atlanta Criminal Court; June term 1934; Simple Larceny; 3 months;The Prisoner is in bad physical condition; Commuted September 19,1934.

WIU.. WILLIAMS: Atlanta Criminal Court; Jan. term

1by93t4n;eMSiosdliecmiteoanr oJro-hPnistso.l;

12 months; McClelland

Recommended and the prison-

er has se.rved the major portion of his sentence

under probation; Commuted August 24, 1934.

LEX WEAVER: Polk County City Court; June term 1934; Abandonment; 12 months; This man has a job offered him which will enable him to take care of his wife and children; Applicant is ~o pay his wife and children a sum already agreed upon each month-Judge .F.A. Irwin,Judge of City Court of Cedartown, act as his probationer; Commuted August 22, 1934.

JESSE WHITE: Atlanta Criminal Court; November term 1933; Possessing liquor; 12 months; Recommended by the Fulton County Probation Officer; Commuted August 6, 1934. Not recommended by Prison Commission.

ANNIE MAE WILLIS: Atlanta, Ga. Criminal Court; May term 1934; Violating the Prohibition law; 9 . month~ or $75.00; Recommended by the probation officer of Bibb County; Commuted May 29, 1934

. HUGH WILLIAMS: Atlanta, Ga. Criminal Co~t;

MoNDAY, }ANUARY 21, 1935.

101

March term 1934; Operating auto while intoxicated and intoxicated 1n private residence; 12 months and 4 months; Recommended by Probation Officer of Fulton County and on account of the destitute condition of the four minor children and wife of the prisoner{ May 23, 1934; (Judge Wood's Recommendation date;J Commuted May 28, 1934.

NEW!' ALRED: Polk County Superior Court; July

term 1934; Supt. R.H.

DLarWunTkeenncen,esWs;ar1d2enmwo.nwth. sB; eRaercdomanmdensdeedvebryal

citizens; Judge, F.A. Irvin; Commuted November 14,

1934.

WILL ANTHONY: Floyd County Superior Court; July term 1934i Stealing hay; 12 months and 6 months. in jail; ~ammuted November 15, 1934.

FRANK ALMOND: Rockdale County Buperior Court; October term 1934i Misdemeanor; 8 months; Recommended by Judge Jas. ~. Davis and the majority of the jurors; Family is dependent on him for support; coiiiDll.l.ted" December 20, 1934.

FRANK BROOKS: Morgan County Superior Court;Sept. term 1934; Possessing liquor; 12 months less good behavior; Serve the remainder of his sentence under probation on payment of $75.00 to cover costs of court; Commuted Nov. 8, 1934.

GRADY BOLTON: DeKalb Co. City Court; December term 1933; 2 misdemeanor sentences (one or them served In jail); 12 months and 12 months. Commuted November 15, 1934.-

CLARA BOOZER: Criminal Court of Atlanta; Novem-

ber term 1934; Possessing liquor; $40.00 and

s$3. 5M.0c0C&lel6lamndo,s.

& 6 mos. Solicitor,

Recommended by Han. and the fact that

Jno. the

fines have been paid; Commuted Nov. 17, 1934.

BARTOW BOYD: Worth County Superior Court., August term 1934; Misdemeanor; 6 months; Recommended by Han. Clifford Grubbs, Probation Officer of Worth

102

JouRNAL oF THE SENATE,

County; Applicant has tuberculosis; Commuted November 21, 1934.

J.D. BANISTER: Floyd Co. SUperior Court; January term 1934; having pistol and assault & battery; Misdemeanor, drunk; 8 monthS & 8 months; and 8 months; Recommended by Solicitor General, Jas. F. Kelly and the prosecutor; Commuted November 21, 1934.

R.W. BRADLEY: City Court of Polk County; June term 1934; Attempt to steal auto; 12 months; Recommended by the Solicitor; Commuted November 26, 1934.

FRANK BONDS: City Court ot Jonesboro; Aug. term 1934; Having liquor; 9 months; Recommended by Solicitor City Court, and Sheriff of Clayton Count~ Commutation granted November 30, 1934.

W.T. BREWSTER: Criminal Court of Atlanta; Sept. term 1934; Driving while drunk; 12 monthS; Recommended by Dr. R.w. McGee, County Physician, J.M. McElroy, Asst. Cht. Probation Officer. Commuted Dec. 12, 1934.

J.F. BUSBY: Criminal Court of Atlanta Ga.,Dec. term 1934; intoxicated in public place; $25.00 or 3 months; Recommended by Hon. G. Allen Maddox, Chief Probation Officer-and in view or the death of his mother-in-law, it is ordered that he serve under probation; Commuted Dec. 17, 1934.

WILL CHAPMAN: Criminal Court of Atlanta; Dec.

term 1933; Cerrying Recommended Hon. G.

concealed weapons; Allen Maddox, and

Jo1h2nmso.nths;

McClelland, Solicitor; Commuted November 23, 1934.

LEW CREWS: ware Co. Superior Court; July term

1934; Misdemeanor; 6 mos. Good prison record and

recommended by the Supt. and Warden; Commuted

December 4, 1934.



DAN CAMP: Fulton County Superior Court; May term

MoNDAY, jANUARY 21, 1935.

103

1934; Larceny of auto 12 months Recommended by Hon. G. Allen Maddox, Chief Probation Officer; and others; Commuted December 12, 1934.

HENRY term 19

CURRY: 34; Lott

(Col)i Ci ery; ~100

t.oyoCoorur3t

of Decatur; Nov. months. Good

behavior and bad physical condition of prisoner;

Commuted December 21, 1934.

MINNIE COLEMAN: City Court of Newnan; Oct. term 1934; Misdemeanor; 6 mos. Recommended by Solicitor Stanford Arnold and Chas. H. Arnall, Clerk County Commissioners; Commuted December 22, 1934.

JOHN DAWSON: City Court of Polk County; May term

w19. 3w4;.

Assault & Battery; 12 months; Recommended Beard, Warden; Commuted December 3, 1934.

by

WILLIAM DANIEL: Criminal Court of Atlanta; April

term, 1934; Recommended

Misdemeanor; by Solicitor

$Jo5h0n. 0s0 . anMdcC1 2lelmlaonndthasn; d

Hon. G. Allen Maddox, Chief Probation Officer;

Comnuted December ':1, 1934.

JEFF EVANS: Harris Co. Superior Court; July term 1934; Violating prohibition law; 12 mos. Prisoner has served approximately one half of sentence and due.to age of prisoner and condition of family; Commuted Jan. 2, 1935.

W.E. FISHER & W.M. GENTRY: Fulton Superior Court of Atlanta; Sept. term 1934; larceny of auto; 6 mos; Recommended by the Solicitor General; Commuted Nov. 6, 1934.

CHARLIE FOX: Greene Co. Superior Court; July

term 1934; Possessing Liquor; 2 sentences; 12 mos.

each, 24 mos. less good behavior; In view of time

served, it is ordered that applicant be allowed to

serve the remainder of his sentence under probation

Nonovpeamybmerenat,

of $100
1934.

the

costs

of

court;

Commuted

JESSE GODBY: fulton Co. Superior Court, July term

104

JouRNAL oF- THE SENATE,

1934; Larceny f'rom house; 12 mos Recommended by Judge E. E. Pomeroy, Chief' Probation Of'f'icer, G. Allen Maddox; Commuted November 26, 1934.

ROBERT GIBSON: Cobb County Supericr Court; May term 1934; Misdemeanor; 12 mos. Good prison record, youth of' applicant, Recommended by the Supt$ and Warden; Commu~ed Dec. 4, 1934.

WILL HARDY: Criminal Court of'- Atlanta; August term 1934; attempted larceny; $50.00 or 6 months; Recommended by the Solicitor of' City Court and Judge Luther Rosser and the Fulton Co. Probation Of'f'icer, G.A. Maddox. Commuted November 14,1934.

J. ALBERT HUNTER:- Fulton Co. Superior Court; May term 1934; Assault to murder (misdemeanor~; 12 mos. Recomm~nded by the Foreman or the Jury; Commuted November 15, 1934.

ADDIS HARGETT: Muscogee Co. Superior Court; Feb. term 1934; Misdemeanor; 12 months; Recommended by the Warden and Supt; Commuted December 4, 19~.

WILL HICKS, ANDREW MARTIN & WILL IRWIN: h'ulton
G. Co. SUperior Court; July term 1934 Larceny of'
auto; 12 mos. Recommended by Hon. Allen Maddox, Chief' Probation Officer; Commuted December 7, 1934.

LEONARD HENDERSON: Fulton Co. Superior Court;

May term 1934; of' time served;

LCaormcemnuytedof'Daeuct.oi s1, 21m93o4s..

In view

W.T. HARDY: Pike Co. Superior Court; Feb. term 1934;misdemeanor; 6,6 and 6 mos. Recommended by warden and Supt.of' the State Farm; Commuted Jan. 2, 1935.

GROVER !VIE: Dodge Co. Superior Court; August term 1934; Misdemeanor; 6 mos. Clemency recommended by Supt. and Warden; Commuted Dec. 4, 1934.

GARRETT JENKINS: Doug+as Co. Superior Court; Apr. term, 1934; Misdemeanor-burglary; 12 mos. In

MoNDAY, jANUARY 21, 1935.

105

view of the !act that applicant was only 17 years of age at tBne of conviction; Commuted November 14, 1934.
J.L.B. JOHNSON: Colquitt County Superior Court; February term 1934; misdemeanor; 12 mos. good record; recommended by the Supt. and Warden; commuted December 4, 1934.
BUS JONES: Hart County Superior Court: March term 1934; Misdemeanor; 12 months; good record; recommended by Supt. and Warden, commuted December 4, 1934.
ROBERT JONES: Muscogee County Superior Court; May term 1934; simple larceny; 12 months; recommended by Judge c.F. McLaughlin, Warden; commuted December 8, I934.
FRANK LOVETT: Wheeler County Superior Court; April term 1934; misdemeanor; 12 monthS good record; recommended by Supt. and. Warden; commuted December 4, 1934.
J.D. alias T.D. LEE: Criminal Court of Atlanta; September term 1934; cheating and swindling,bad checks; $25.00 and.3 months in each case; recommended by Chief Probation Officer; Solicitor Criminal Court; commuted December 12, 1934.
LIZZIE LINGERFELT: City Court of Hall Co~ty; May term 1934; vagrancy; 12 months; clemency recommended by trial Judge; commuted December 12, 1934.
BILLIE MCDONALD: Criminal Court Atlanta; September term 1934; assault and battery; 12 mos; recommended by Judge J.M. Wood; Solicitor; and Chief Probation Officer; commuted November 15, 1934.
BONNIE MCBRIDE: City Court of Valdosta; March term; 1934; misdemeanor; 1~ mos. recommended by . Warden, Judge R.G. Dickerson; de~titute condition of applicantts family; commuted November 21, 1934.

106

JouRNAL or THE SENATE,

CLARA MAYBERRY: Paulding County Superior Court; November term 1934; misdemeanor; 12 months or costs; reconnnended by Judge J.R. Hutcheson; connnuted November 27, 1934.
ODIS MURPHY: Thomas County Superior Court; Feb. term 1934; misdemeanors; 12 months; good record; recommended by Warden and Supt. Warden; commuted December 4, 1934.
LUTHER MORRIS: Fulton County Superior Court; September term 1934; possessing apparatus, manufacturing and stilling whiskey; 12 months and 8 months; recommended by Judge G.H. Howard,Solicitor J.H. Hudson;Ass't. Chief Probation officer; destitute condition family; Connnuted December 8, 1934.
J.C. MITCHELL: Criminal Court Atlanta; October term 1934; possessing intoxicating liquor; $100 and 12 months; recommended by Chief Probation officer; Solicitor Criminal Court; poor physical condition; commuted December 12, 1934.
ISAAC MARTIN: Criminal Court of Atlanta; November term 1934; misdemeanor;$50.00 or 4 months and $25.00 or 3 months; recommended by Judge Wood; Solicitor; and Dr. J.W.Madison,Atlanta; poor physical condition; commuted December 14, 1934.
ARTHUR NIXON: City Court of Carrollton,Georgia; November term 1933{ misdemeanor, possessing liquor (defacing building} 8,7,12 months; recommended by Judge Reese; Ordinary; connnuted December 21, 1934.
LEE OLIVER: Tattnall County Superior Court; May term 1934; burglary; 12 months; recommended by trial Judge; commuted December 4, 1934.
BILL POSS: Fulton County Superior Court; June . term 1934; robbery; 12 months; recommended by Hon. G. Allen Maddox, Chief Probation Officer; Judge John D. Humpnries; ~d others; connnuted November 26, 1934.

MONDAY, jANUARY 21, 1935.

107

Ji\MES POOLE: Criminal Court of Atlanta; May term, 1934; lottery $150.00 and 12 months; recommended by trial Judge and Solicitor; cormnuted November 28, 1934.

E.C.PAYNE: Murray County Superior Court; April term 1934; misdemeanor; 12 months; goo~ record; recommended by Warden and Suptt; commuted December 4, 1934.

THOMAS PERRY: Fulton County Superior Court; August term 1934; receiving stolen goods; 12 mont~ Judge J.D. Humphries; Assrt~ Solicitor General; Chief Probation Officer; commuted December 12, 1934.

TOM PRITCHETT: <Fulton County Superior Court;

November term 1934; 1arc~my from house; 4 months;

recommended by Judge G.H. Howard, Chiet Probation.

Officer; commuted Decembe:r 20,< 1934.



BOB RICHARDS: Criminal Court Atlanta; September term 1934; misdemeanor;6 months;recommended by trial Judge, Solicitor,Asstt. Chief Probation Officer,. commuted N0Vember 14, 1934.

MRS BERTHA REED: Richmond County City Court;

May term by Judge

1G9o3rd4o; nmwis.deCmhaemanboerr;s

1an2dmDonr.thos;.cr.ecWomoomdsended

states he feels applicant is entirely cured of dope

habit; conmruted December 3, 1934.

FELIX RAY: Floyd County Superior Court; June term 1934; misdemeanor; 8 months;, good record; recommended by Suptt. and Warden; commuted December 4, 1934.

DEWEY ROPER: Criminal Court Atlanta; October

term 1934; misdemeanor; having liquor and drunken-

ness; Judge

3 months and 3 Solicitor John

ms.onMthcCsierle1caonmdm; ecnodmedmubtyedtrial

December 20, 1934.

VIRGIL & CLIFFORD SIMPSON: City Court of Macon; September term 1934; riding train; 4 months each,

108

JOURNAL OF THE SENATE,

or $40.00 fine; recommended by Probation Officer Bibb County; commuted November 16, 1934.
.
BLANE STINCHOMB: Fulton County Superior Court; October term 1934; assault with intent to murder; 10 months; recommended by Judge G.H. Howard,Chief Probation Officer; commuted November 17, 1934.
JAMES SARGEN.r: Cobb County Superior Court; May term 1934; misdemeanor; 12 months; Good record; youth of applicant; recommended by Suptt. and Warden; commuted December 4, 1934.
CURTIS SUDDUTH: Fulton County Superior Court; July term, 1934, larceny from house; 12 months; commuted December 7, 1934.
ETHEL MAE SMITH: Criminal Court Atlanta; September term 1934; possessing liquor; 6 months; recommended by Judge Wood; Solicitor; Chief Probation Officer; commuted December 141 1934. CLYDE SMITH: Criminal Court Atlanta; December term 1934; possessing liquor; 6 months; recommended by Jesse 11. Wood; commuted January 4, 1934.
EDWARD NATHAN TARK: Criminal Court of Atlanta; May term 1934; larceny auto; 12 months; recommended Judge Virlyn B. Moore; Chief Probation Officer; commuted December 12, 1934.
LUKE TURNER: Bibb County Superior Court; February term 1934; violating prohibition law; 12 months;good record;recommended by Warden;commuted January 2, 1935.
J .M. WEST: Fulton County Superior Court; September term 1934; misdemeanor; $50.00 or 6 months; recOllDllended by Hon. J.D. Hmnphries; commuted November 5, 1934.
DALLAS WARREN: Chattooga County Superior Court; June term 1934; possessing liquor; 8 months; recom-

MoNDAY, jANUARY 21, 1935.

109

mended by trial Judge; Clerk of Superior Court; Ordinary; Sheriff and others; destitute condition of family; commuted November 17, 1934.
CLARENCE WILKES: Chattooga County Superior Court; September term 1934; larceny of auto tire; 8 mont~ less 16 days good time; recommended by Solicitor General on payment of fine of $200.00,including costs of court; commuted November 21, 1934.
FRED WILLIAMS: Criminal Court of Atlanta; December term 1933; cheating and sw1ndling(3 counts); 4 months and 4 months recommended by Judge Wood, Hon. G.A. Maddox and Solicitor; applicant very old and unable to work. Commuted November 23, 1934.
IRA WILLIAMS: City Court of Eastman, May term 1934; drunkenness; 12 months recommended by Judge o.J. Franklin,Clerk of Superior Court; Solicitor City Court; commuted December 4, 1934.
DAVE WATERS: Putman County Superior Court; March term 1934; misdemeanor; 12 months; good record; recommended by the Suptt and Warden; commuted December 4, 1934.
MARSHALL WORLES: Colquitt County Superior Court; February term; 1934; misdemeanor; 12 months; good prison record; recommended by Supt. and Warden; commuted December 4, 1934.
P.J. WHITE: Fulton County Superior Court; August term 1934; larceny of motorcycle; 6 months; recommended by Judge G.H. Howard; Solicitor! Asstt Chief Probation officer; commuted December tl,l934.
NEELY THOMAS: Millen, Georgia City Court; August term 1934; carrying pistol; 6 months; recommended by trial Judge; commuted January 11, 1935.
J .J. KENNEY: Atlanta Criminal Court; December term 1934; simple larceny; $50.00 or 6 months; family in destitute circumstances; commuted January
11, 1935.

110

JouRNAL or THE SENATE,

1-lELLIE RAYBURN: Floyd County City C{)urt; Septem-

ber term 1934; vagrancy; 12 months; recontillended by

trial Judge; commuted January 11, 1935.

-

ERIIJES'l' 'l'URNER: Decatur Georgia City Court:;September term 1934; having liquor; $700.00 & 10 _
months, 6 & 6 months; reco~nended by Judge City
Court; and Solicitor; destitute condition of family; commuted January 9, 1935.

FRANK SCO'l'T: Fulton County Superior Court; July tenn 1934; cow stealing; 12 months; recommended by Chief, .Probation Officer; P.OOr physical condition; co~~uted January 11, 1935.

WALTER SCO'l'T: Hall county -Superior Court~ October term 1934; possessing liquor; $100.00 fine or 12 months; .recommended by trial Judge; commuted December lFJ 1934.

tffiRK SWEATMAN: Atlanta Criminal Cotirt; October term 1934; drunk on hig_hway; .12 months; recommended by Solicttor and Judge and Hon. G. Allen Maddox; corunuted January 9, 1935.

GEORGE 1100RE: Atlanta Criminal Court; September term 1934; drunk on highway,concealed weapon; 2 months; 8 months; recommended by Judge and Solicitor; commuted January 9, 1933.

MACK HUTCHENS: Floyd County Superior Court; April term 1934; misdemeanor; 12 months; recommended by Solicitor General; critical physical conditio~ commuted January 9, 1935.

C.H. GOULD: alias HARBORN: Fulton County Super1or Court; Septe!ilber tenn 1933; larceny from auto, larceny of auto; 12 months and 12 months; recommended by Judge and Probation Officer; commuted January 10, 1935.

LIMAL DALLIS: Atlanta Criminal Court; October term 1934; Assault and battery on his wife; 6 months; recommended by Judge T.O. Hathcock, and

MoNDAY, jANUARY 21, 1935.

111

Solicitor; commuted January 10, 1935.

G.M. BOWLES: Atlanta Criminal Court; September term 1934; wife beating; 12 months; Recommended by Judge, Solicitor, and Hon. G. Allen Maddox; commuted January 9, 1935.

CLARENCE BEARDEN: Coweta County Superior Court; September term 1934; misdemeanor; 9 months; 3 to 6 months; recommended by Solicitor General; County Police, and several other prominent citizens; commuted November 14, 1934.

ANDREW THACKER: Paulding County Superior Court, March term 1934; misdemeanor; 12 months; recommended by Suptt. and Warden; commuted December 4,1934.

LUKE TURNER: Bibb County Superior Court; February term 1934; misdemeanor; 12 months; recommended by Suptt. and Warden; commuted December 4, 1934.

SAM HAYES: Fulton County Superior Court; July term 1934; larceny from house 12 months and 6 months in jail; recommended by Judge and Chief Probation officer; commuted December 7, 1934.

PROBATIONS

ALL PROBATIONS RECOMMENDED BY PRISON COMMISSION EXCEPT WHERE STATED.

EARL CROMARTIE: Jeff Davis County Superior Court;

August term Good prison

1re9c3o2r;dl,arhcaevninygasfetervredTrsuisntc;e1A2 umguosntth1si,

1932; Commuted January 31, 1933.

E.o. CRUTCHFIELD: Jasper County Superior Court; August term 1932; Misdemeanors; 2 months each fn 4 cases; Since the prisoner has a good prison record and has the recommendation of trial Judge; county officials and Warden under whom he served, and further reason that he is a farmer and needs to make a crop for the support or his family this year; Commuted Feb. 11, 1933.

112

jOURNAL OF THE ::,ENATE,

CICERO DAVENPOR'l': LaGrange, Ga.Troup Co., City

Courti September terJil.l932; Violating prohibition

law; ~75.00 or 12 monthS; Good prison record, re-

conmended by trial Judge and Solict-tor; Commuted

February 7, 1933.

.

JOHN L. GILL: Chatham County Superior Court; December term 1932; Invol-manslaughter; $1,000.00 or 6 months; Recommended by the trial Judge,several citizens and officials; Commuted February 1, 1933.

PAUL HAMMOCK: Greenville, Ga. City Court; Larceny or auto; July term 1932; 12 months; Poor health; Clemency recommended by the trial Judge and prosecutor; Commuted January 31, 1933.

PAUL JONES: Atlanta Crtm1nal Court; September term 1932; Possessing liquor; 12 months; Good prison record. Poor physica~ condition,partially paralized, unless operated on will never be able to perform any physical labor; Commuted January 25, 1933.

FRED and EDGAR PRUITT: Grady County City Court; September term 1932; Having liquor; 8 months; Clemency is recommended by Solicitor,Sheriff and Clerk of the City Court of Cairo. Trial Judge is dead; Commuted Feb. 24, 1933.

FLETCHER COOPER, J .C. DEAN and LONNIE WALKER: Laurens County superior Court; Octobe~ term 1932; Burglary; 12 months; Recommended by the trial Judge, Warden, and a number of citizens; Commuted April 6, 1933.

JIM JONES: Lee County Sunerior Court; November

$te1r5m0.10903; 2~eBcoumrmgelnadreyd;

12 by

months or 6. months & the Warden,Prosecutor,

County officials trial Jurors and others; Commuted

April 6, 1933.



WALT DEATON: Floyd County City Court; October term 1932; Drunkenness; 12 months; Clemency is ..

MoNDAY, jANUARY 21, 1935.

113

recommended by the Judge and others, and his family is in needy circumstances; Commuted April 6, 1933.
CARTER BROWN: Stewart County Superior Court; October term 1932; Simple Larceny; 8 months; Good prison record and in last stages of tuberculosis, according to a statement of the cpupty physician; Commuted April 6, 1933.
WILL alias BILL SAYNE: Atlanta Criminal Court; March term 1931; Possessing liquor; 12 months; Clemency is recommended by a large number of citizens who know him and state that he is not physically able to perform hard labor; Connnuted April
6, 1933.
ROY MILLER: Carroll County Superior Court; October term 1932; Burglary; 12 mos; Recommended by Sheriff and other county officials and the Warden, physicians state that applicant is not strong mentally or'physically, and the Judge states that he has no objection to clemency being extended; Commuted April 3, 1933.
J.A.(JACK) FOUNTAIN: Crisp County SUperior Court; July term 1932; Having liquor; 12 months or $25.00 fine; Clemency recommended by Chairman,County Commissioners who states applicant has a wife and child on charity; Commuted March 30, 1933.
JOHN WALDEN: Lumpkin County Superior Court; December Special Term 1931; Simple Larceny; 12 mos. Recommended by the Sheriff, Clerk Superior Court; Trial Judge and present Judge of the Northeastern Judicial Circuit; Commuted March 30,1933.
C.A. TEAGUE: Floyd County Superior Court; October term 1932 Embezzlement; 12 months or 4 months and $250.00; Reconwended by jurors, County officials, large number of citizens and Warden and guards; Family in destltute circumstances; Commuted March
30, 1933.
JESSE WADE: Fulton County Superior Court; Jan.

114

JouRNAL OF THE SENATE,

term 1933; Misdemeanor-abandonment; 12 mos; Good prison record since Jan. 25, 1933,desires ~o get out and work in order that he may be able to contribute to the support or his childi and on that condition only; Commuted March 24, 933.
J .B. CANTRELL: Fulton County Superior Court; Jan. term 1932; larceny or auto; 12 mos; Recommended by the trial Judge, Solicitor and others; Family in needy circumstances; Commuted March 15, 1933.
HOPE BRAY: LaGrange, Ga. City Court; September term 1932; Violating prohibition law; 8 mos; Good prison record. Recommended by the trial Judge and Solicitor; Commuted March 14, 1933.
CHARLIE THOMPSON: Atlanta Criminal Court; Nov. term 1932; Possessing liquor 12 mos. or $1,000.00; Recommended by Deputy Sheriff R. c. McCall, Jr. c.E. McGrane, Police Officer, and others; Commuted April 27, 1933.
FANNIE FARLEY: Putnam County Superior Court; Nov. term 1932; Larceny; $25.00 or 8 months; Recommended by prosecutor, acting Solicitor General, Solicitor General and trial Judge; Commuted April 28, 1933.
L.L. PURDY: Clarke County Superior Court; July term 1932; Misdemeanor; 12 mos; Good prison record practically all or his sentence and if released at once he has a position awaiting him; Commuted April 29, 1933.
TOM BRITT: Telfair County Superior Court; Feb. term 1932; Having and possessing liquor; 12 mos; Probation on payment of fine or $100.00; Recommended by the Solicitor-General and trial Judge; Commuted May 5, 1933.
ROBERT DAVIDSON: Atlanta Criminal Court; Jan. Term 1931; Bastardy; 12 mos. Suspended; Recommended by trial Jurors and others; Commuted May 19, 1933.

MoNDAY, JANUARY 21, 1935.

115

KEITH BRYSON: Jackson County Superior Court; Feb. term 1933; Attempted Burglary; 12 mos; Good prison record, not opposed by the trial Judge and Solicitor-General; Recommended by the prosecutor; Commuted May 24, 1933.
M.R. WHITE: Fulton County Superior Court; Jan. term 1931; Misdemeanor, Assault to murder; 12 mos. or $500.00 & 6 mos; Recommended by Hon. J.M. McElroy, Asst. Chief Probation Officer, Hon. Leonard Crawford, Asst. Solicitor City Court of Atlanta, Chief of Police T.O. Sturdivant and others. Wife and children dependent on him for support; Commuted May 25, 1933.
J.W. PUCKETT: Atlanta City Court; Jan. term 1933; Possessing liquor; $100.00 and 8 months; Good prison record and poor physical c~ndition and recommended by the County Physician and deputy warden; Commuted .May 27, 1933.
WILL alias BILL SAYNE: Atlanta Criminal Court; March term 1931; Possessing liquor; 12 mos. Cle~ ency recommended by a large number of citizens who know him and state that he is not physically able to perform hard labor; Commuted June 20, 1933.
GRADY WHORTON: Floyd County Superior Court; Jan. term 1932; Misdemeanor; 12 months; Recommended by number of citizens and there is no opposition; Commuted June 27, 1933.
E.J. KELLEY: Telfair County Superior Court; Oct. term 1932; Forgery; 2 to 3 years; Good prison record needy circumstances of family, Recommended by the Solicitor-General, Warden, County Commissioners and County Officials; Commuted June 27, 1933.
MISS BELL HOLCOI1B and MRS. J .E. JONES, alias J.E. DODSON: Hall County City Court; November term 1932; Larceny from the house; 12 months; Good prison record for more than half their sentences, and recommended by the trial Judge; Commuted June 2, 1933.

116

JouRNAL o:r THE SENATE,

RAY FOSTBR, EUGENE GIBSON, WM..HARRISON, W.T. Pft..RHAM, WILL BROWN, CLINTON PATTERSON: Fannin, Gerrien & White Cos. Superior Court; Fall term 1930, Spring Term 1932; Misdemeanors; (1) 12 & 12 I"'onths (a) 54 months, (b) 12 & 12 Months; Good prison records for a considerable part of sentence; Commuted Jillle 7, 1933;
ARTIE WHE~LER: Carrollton City Court; December term 1932; Larceny; 6 months; Prob~tion of payment ot a :fine of $40.00; He has a dependent family, wife. oeing,an ePileptic and his son is mentally defective; C9nunuted June 8, 193!3.
CLAUD ROBERSON: Floyd County City Court; !'larch term 1933; Possessing liquor; $25.00 or 8 months; Recommended by presiding Judge; Commuted June 28, 1933.
EDGAR JOHNSON: DeKalb County Superior Court; December term 1932; Sentenced 1 year: Larceny of automobile; Prison Commission recommends that the sentence be commuted to a misdemeanor, and that he be allowed to serve remainder of sentence on probation. He has served for more than six months with fair record and has been recommended by Judge Jno. B. Hutcheson whose letter is in the file; Commuted June 30, 1933.
VIRGIL REDWINE: Carrollton City Court; March term 1933; Violating Prohibition law; 12 months; Recommended by the trial Judge, Warden and co. Commissioner; Commuted July 3, 1933.
CLARENCE CARROLL: DeKalb Co., Superior Court; December term 1932; Burglary, Larceny or auto; 1 year, 12 months suspended sentence; Prison Commission recommends that the sentence or 1 year be commuted to a misdemeanor and that he then be placed on probation; Recommended by the trial 'Judge, Solicitor-Gen. Prosecutors, warden and others; Commuted July 5, 19~.
CHARLES OBLETON: Muscogee County Superior Court;

MoNDAY, JANUARY 21, 1935.

117

October term 1932; Larceny fram house; 12 months; Good prison record, and recommended by the prosecutor and trial Judge. Commuted July 7, 1933.

R.E. MARTIN: Greenville, Ga. City Court; May

term 1933; Possessing whiskey; 12 months; Clemency

is recommended by the trial Judge, Solicitoi.' City

court of Greenville, Chairman County Commissioners

and others, he has a badly in need of his

lsaurpgpeorfta;mCiolymmouftesdmJaulllycah,ild1r9e3n3.

HAYWOOD ALVERSON: LaGrange City Court; December term 1932; Violating Prohibition law; $200.00 or 12 months; Good prison record, recommended by trial Jurors, Warden and others and not opposed by the trial Judge and Solicitor; Commuted July 10, 1933.

E.H. BURTON: Fulton County Superior Court; November term 1932; Burglary; 5 to 20 and 5 to 20 years concurrent; Prison Commission recommends that his sentence be commuted to a misdemeanor and that he then be put on probation; Good prison re- cord, poor physical condition! and recommended by the prosecutor; Trial Judge; ~ommuted July 14, 1933.

FRED WALKER: Walton County Superior Court; September term 1932; Car breaking; 12 months; Clemency is recommended in order that he may be relieved of the expense, under guard, of coming to Atlanta for a blood transfusion for his sister at the Grady Hospital; Commuted July 15, 1933.

ESTELL WILCOX: Hinesville City Court; May term 1933; Larceny from house; 12 monthS; on account of extreme youth of defendant and apparent trivial offense; Commuted July 15, 1933.

BENSON SLOAN,alias "BINK" SLOAN: Gwinett County Superior Court; March term 1933; Burglacy,Simple larceny; 2 years-12 months; Prison Commission recommends commutation to a misdemeanor and that he then be placed on probation; According to Dr. MYron B. Allen and Dr. A.D. Williams County Physician, he is mentally irresponsible, and an order has been

118

JouRNAL oF THE SENATE,

issued by Judge w.w. Stark suspending the misde-
meanor sentence; Commuted July 15, 1933. C.W. WEST, alias CHARLIE WEST: Atlanta City
Court; November term 1932; Vagrancy; 12 months; Good prison record,poor physical condition, and recommended by the deputy warden in charge ot him; CoiimlUted July 28, 1933.
WILLIE ECHOI.B: Fulton County Superior Court; September term 1932; Larceny ot Auto; 1 to 5 years; Good prison record tor more than two-thirds ot the minimum and clemency is recommended by the trial Judge. Prison Commission recommends that his sentence be commuted to a misdemeanor and he then be placed on probation; Commuted July 28, 1933.
A.J. PADGETT: Wayne County Superior C_ourt; January term 1933; Violating prohibition law; 10 months; Good prison record, youth ot applicant and this is his first ottense and not ot a very serious nature; Commuted July 28, 1933.
GUS EWALD: Thomas County Superior Court; April Adj. term 1932; 12 months and 12 months; shooting
at another and Assault & Battery; Good prison
record, recommended by the prosecutors, .Solicitor General Warde,County Physician and others; Commuted July 28, 1933.
JAMES LOCKLEAR: Floyd County Superior Court; October term 1932; Possessing whiskey; 12 months or 4 mos. and $200.00; Recommended by Warden and guards under whom he has served. Has a wite and small child dependent upon tor support; Commuted July 28, 1933.
JACK HAND: Elberton City Court; February term 1933; Adultery; 12 months; Probation upon payment ot a fine of $50.00 to include the costs of court;Clemency is recommended by county otticials and others; Commuted August 3, 1933.
CALVIN STRONG: Coweta County Superior Court;

MoNDAY, jANUARY 21, 1935.

'119

March, term 1933; Larceny.of auto; 12 months; Recommended by the wa.rden, County Officials,; Solicitor(!erieral, and trial Judge; _Corrnnuted August 9, 1933.
ERNEST STRONG: Coweta County Superio~ Court; .September tenn 1932; Assault to murder; 2 years;
to Prfson: COirurilssion recommends that the sentence be
commuted a .:misdemeanor and he then be placed on pr'obatiolH Reconnne_nded by the Sol. Gen.;Judge, ' warden 'and-County Officials; Ccmnuted August 9,1933.
HOKE BA."J:{LOW & JOHN '!'AYLOR: Dodge County Superior Court; July 1933 ter-m; Simple larceny; 6' months; Gocd prison record and recormnended by the So11c1tor.Generar; Commuted August 9, ~933.
w.GORDON MAYNARD: Fulton County Superior Court; September terra-1932; L8rceny after trust 1 year Prison: Commfsslon recommends that his sentencabe
coonmpmruotebdattioona,omn lpsdaeymmeeanntonoranadfitnpeatohfe$5thoe.onob. e put
Recommended by Trial Judge; Commuted August 9,1933.
G.W. DUKE: Troup County Superior Court; May term 1933; Forgery;. 12 .monthsr lst~ offense,good prison record, has a wife and small child dependent on him for support; Commuted August 9, 1933.
JOLL(J .D.) CORLEY:> Richmond County Superior Court; May term 1932; Burglary-l"lisdemeanor; 5 sentences of 12 months each; Clemency 1-B recorranended by the prosecutor, County Off1c1a1s and a large number of responsible citizens and ~he SolicitorGeneral; Commuted August 9, 1933.
RUBE CULLIFER: Columbus, Ga. City Court; July term ~933; Violating prohibition law; 12 months; Good prison record, poor physical condition and clemency is recommendedby a:large number of reputable citizens; Commuted August 10, 1933 Prison commission recommends probation on payment of $50.00.
WILL GRESHAM: Walton County Superior Court ;f"Iarch

120

JouRNAL or THE SENATE,

term 1933; Simple larceny; 6 months; Good prison record, poor physical condition and recommended by Chairman County Commissioners and County Physician; Commuted August 19, 1933.
PETE JONES, alias SMITH: Atlanta Criminal Court; July term 1933; 4 months in jail; Misdemeanor-operating car while intoxicated; Good previous record, has a job awaiting him on release, and has served about halt or his sentence with good record; Commuted August 19, 1933.
TOMMIE SANDERS: Hancock County Superior Court; January term 1933; Violating prohibition law; 12 months; Good prison record, youth-of applicant, and this is his first offense and not or a very serious nature; Commuted August 22, 1933.
w. E. SINAR: Fulton County Superior Court;
March term 1933; larceny; 12 months; Good prison record and this is his first offense; Commuted Aug. 22, 1933.
GROVER SIMMONS: Habersham County Superior Court; March term 1933; Misdemeanor; 12 months; Good prison record, youth or applicant, and this is his first offense; Commuted August 22, 1933.
ROBERT SIMMONS: Hancock County Superior Court; March term 1933; Cheating and swindling; 12 months; Good prison record and first offense; Commuted August 22, 1933.
HERMAN ROGERS: Wayne County Superior Court; June term 1933; Larceny; 6 months; Good prison record and first offense; Commuted August 22, 1933.
GEORGE PARKER: Ware county Super! or Court; March term 1933; Misdemeanor; 12 mos. Good prison record and this 1s his first offense; Commuted August 22, 1933.
WILEY BOATWRIGHT: Wayne County Superior Court; April term 1933; Mfg. liquor; 12 months; Good

MoNDAY, JANUARY 21, 1935.

. 121

prison record and this is his first offense; Commuted August 22, 1933.
PERLEY COCHRAN: Bacon County Superior Court; February term 1933; Misdemeanor; 12 months; Good prison record and this is his first offense; Co~ muted August 22, 1933.
L.J. CECIL: Jeff Davis County Superior Court; January term 1933; Simple larceny; 10 months; Commuted August 22, 1933; Good prison record and first offense;
JAMES OWENS: Monroe County Superior Court; May term 1933; Larceny; 12 months; First offense and good prison record and youth of applicant; Cammuted August 22, 1933.
B.E. WYRE: Ware County Superior Court; April term 1933; Misdemeanor; 12 months; Good prison record and first offense; Commuted August 22, 1933.
TITUS THOMAS: Cook County Superior Court; February term 1933; Assault and battery; 12 months; Good prison record, youth of applicant, and this is his first offense; Commuted August 22, 1933.
CLIFJ!,ORD YULEE: Bryan County Superior Court; Feb. term 1933; Misdemeanor; .12 mos; Good prison
record and first offense; Commuted August ?2, 1933.
JOHN STORY: Talbot County SUperior Court; March term 1933; Violating prohibition law; 12 months; Good prison record and first offense; Commuted August 22, 1933.
LINTON TESTON: Bacon County SUperior Court; May term 1933; Violating prohibition law; 12 months; Good prison record and first offense; Commuted August 22, 1933.
IRA SMITH: Coffee County Superior Court; May term 1933; Violation of prohibition Law; Good prison record, first offense and of not a very serious

122

JouRNAL or THE SENATE,

nature; Commuted August 23, 1933. ROY CAPPS: Ware County Superior Court; June term
1933; Misdemeanor; 6 months; Good prison record and first offense; Commuted August 23, 1933.
JOHNNIE THORNTON: Floyd County Superior Court; January term 1933; Larceny; 12 Mos; Good prison record and first offense; Commuted August 22,1933.
EARL BOYD: Wayne County superior Court; I'1a.rch term 1933; Larceny; 6 months; Gooa prison record for a greater part of his sentence and this his first offense; Cormnuted August 23 11933.
JIM MCFEE: Thomas County Superior Court; October term 1932; Larceny; 12 months; He has served a greater portion of his sentence with good prison record, and this is his first offense; Commuted August 23, 1933.
HOMER EUBANKS: Haralson County Superior Court; January term 1933; Larceny; 12 months; Good prison record and f1rst offense; Commuted August 2311933J
BEN DANIEL: Heard County Superior Court; September term 1932; Simple Larceny; 12 months; Good prison record for a greater part of his sentence, and this is his first offense; Commuted August 23,
1933.
DAVE BISHOP: Coffee County Superior Court; February term 1933 Misdemeanor; 12 months; Good prison record and this is his first offense; Commuted August 23, 1933.
PLEDGER BROWN: Oconee County Superior Court; January term 1933; Assault to Murder; 12 months; Good prison record and first offense; Commuted August 23, 1933.
C.E. LANCASTER: Atlanta Criminal Court; February term 1933; Misdemeanor; 10 mos; Served with good

MoNDAY, JANUARY 21, 1935.

123

prison record since February 23, 1933, and is recommended by several business men and has a job awaiting him; Commuted Sept. 2, 1933.
FRANK BARTON and TAU1ADGE WITCHER: Elberton,Ga. City Court; March term 1933; Simple Larceny; 12 months each; Good prison record, youth of applicants,and clemency is recommended by the prosecutors and is not opposed by the trial Judge and Solicitor,and the Warden and officials under wham they have served state that their prison records have been good; Commuted Sept. 8, 1933.
LEONPHILLIPS: Jesup, Ga. City Court; June term 1933; Operating auto while intoxicated; $75.00 or 10 months; Good prison record,and Clemency is recommended by Judge City Court,Ludowici,Solicitor, County Officials and citizens of Long County and officials under wham he has served; Commuted September 8, 1933.
A.C. JONES: Dodge County Superior Court; May term 1933; Simple larceny; 6 months; Good prison record and recommended by the trial Judge, Sheriff of Dodge Co. Solicitor-General and other county officials; Commuted Sept. 12, 1933.
JOHN TAYWR: Crisp County Superior Court; January term 1933; Possessing liquor; 12 months; Good prison record,recommended by the Judge,SolicitorGeneral,Pro Tem, Sheriff, Warden and County Commissioners; Commuted September 12, 1933;
TOMI1IE TURNER: Whitfield county Superior Court; April term 1933; Assault & Battery; 12 months; Recommended by the Solicitor General and County Officers and he is in poor health; Commuted September 14, 1933.
P.E. WILLIAMS: Baldwin County Superior Court; January term 1933; Embezzlement; 12 months; Recommended by officials, trial Jurors, a large number of citizens of Baldwin Co. and otners and this is his first offense; Commuted September 14, 1933.

124

JouRNAL OF THE SENATE,

GUY DANIEL: Ware County Superior Court; February term 1933; Misdemeanor; 12 months; Good prison record and this is his first offense; Commuted September 14, 1933.

CECIL MCNEAL: Eastman, Georgia, Dodge County City Court; May term 1933; 12 months on probation, 8 months; Misdemeanor and escape; Good prison record and clemency is recommended by the Warden,Solicitor and Sheriff; Commuted September 14, 1933.

GUS FILLNORE: Bibb County Superior Court; January term 1933; Vio1atingProhibition law; 12 months; Good prison record..and first offense; Commuted September 20, 1933.

ALVIN WARE: Harris County Superior Court; January term 1933; Violating prohibition law; 12 month~ Good prison record and first offense and the crime is of not a very serious nature; Commuted September 20, 1~33.

G.A. GIBSON: Towns County Superior Court; December term 1932; Misdemeanor; 12 mos; Good prison record and first offense; Commuted Sept. 20, 1933.

BRUCE MILAii: Ware County Super! or Court; May

term 1933; Misdemeanor; 12 months; Good prison

record and first offense; Commuted September 20,

1933.

.

JAMES JOHNSON: Newton County Superior Court; January term 1933; Misdemeanor; 12 months; Good prison record and first offense; Commuted Sept. 20, 1933.

JOE HILL: Wayne County Superior Court; May term 1933; Drunkenness; 6 months; Good prison record, youth of applicant and first offense and of not a very serious nature; Commuted September 20, 1933.

P. A. KISH: Heard County Superior Court; April term 1933; P9inting pistol; 8 months; Good prison record and first offense; c.;ommuted Sept .. 20,1933.

MoNDAY, jANUARY 21, 1935.

125

HARRY JORDAN: Ware County Superior Court; April term 1933; Misdemeanor; 8 months; Good prison record, youth of applicantand first offense; Commuted Sept. 20, 1933.

E. J. MORAN: Floyd County Superior Court; February term 1933; Larceny; 12 mos; Good prison record and first offense; Ccmnnuted September 20, 1933.

HENRY COOK: Coweta County Superior Court; March term 1933; Mfg. Whiskey; 12 months; Good prison record,dependent family, and clemency is recommended by the Warden under whom he has served and by County officials of Coweta Co., Commuted September 20, 1933.

QUINTON BLACK, MACON COCHRAN & JESSIE COCHRAN: Coweta County Superior Court; March term 1933; Mfg. Whiskey; 12 months; Clemency is recommended by the trial Judge, Solicitor General, Warden and County officials, and applicants remained in jail two months before being tried; Commuted September 21, 1933.

TOM WINKLE: Floyd County t>uperior Court; April term 1933; Possessing whiskey; $150.00 and 12 months and 6 months in jail; tiecommended by the Solicitor-General and prosecuting officer and warden under whom he has served; Commuted September 21, 1933.

WALTER C. JEFFRIES: Fulton County Superior Court; January term 1931; three misdemeanors; 12 months in each case; Prison Camm. recommends that he be put on probation. Good record,poor health,recommended by prison officials under whom he served; Commuted September 27, 1933.

ARCHIE BURTHNOT:. Douglas Court(C1ty); May term

1931; Possessing liquor; A fine and 12 months

suspended; clemency i Solicitor

sCGirtoeyocdoJmpomruiersnto;dnedCroebmcymoHurdteo,dnd.eSpJeoepnhtendmesnb.terGfa2imb8s,iol1yn9,~an.d

126

JouRNAL or THE SENATE,

WILLIAM RYAN: Cha"tham Co., Superior Court; June term 1933; Assault to murder; 6 months; Good prison record and applicant now has active tuberculosis endangering the lives of other prisoners; Commuted October 9th, 1933.
JOHN TESTON: Chatham County Superior Court; May term 1933; Burglary-Misdemeanor; 9 months; Clemency recommended by the Judge and Solicitor-General,and he has a large family in desti"tute circumstances; Commuted October 9th, 1933.
S.H. PIERCE: Catoosa County Superior Court; February term 1932; Abandonment; 12 months and 6 months in jail; Good prison record since March 23, 1933, and applicant agrees to contribute to the support of his minor children; Commuted October 12, 1933.
H.E.JORDAN: Atlanta Criminal Court; November term 1932; Assault & Battery; $100.00 and 12 months; Probation on payment of $25.00; Recommended by the arresting officer and a large number of citizens, including Hon. Jno. A. Hudson, officer states that applicant received a $25.00 fine and 30 days in the city Stockade for this same offense; Commuted October 20, 1933.
CLARENCE GRAY: Colquitt County Superior Court; January term 1932; Misdemeanors; 12 months in 5 cases; Recommended by a number of responsible citizens, including Chief of Police of Moultrie, Deputy Clerk Superior Court and others. Applicant was only 15 years of age at the time he was sentenced; Commuted October 20, 1933.
VIRGILE HANEY: Chattooga County Superior Court; Sept. term 1932; Simple Larceny; 12 months and 6 months in jail, or 6 months and $100.00 and costs. Recommended by the Solicitor-General,prosecutor, warden,County and City officials and a large number of citizens; Commuted October 20, 1933.
DAN AMIS: Henry County Superior Court; September

MoNDAY, JANUARY 21, 1935.

127

term; 1932; S~ple larceny; 12 months and 6 months; recommended by county officials, warden and received injuries by burns while in service. He completed the longer sentence and about half of the second; Commuted November 17, 1933.
MATTIE YOUNGBLOOD: Leesburg,Ga. City Court; October term 1932; Adultery, fornication,adultery; 12 months; 12 months; 12 months; Recommended by the Judge,Sheriff,Chairman County Commissioners and large number of citizens; Commuted Nov. 8, 1933.
JUDSON HEATH: Floyd County Superior Court; April term 1933; Possessing whiskey; 12 months and 6 months or 9 months & $150.00; Good prison record, needy family,recommended by a number of citizens and the Solicitor-General; Commuted November 9, 1933.
JAKE ROWELL: Douglas,Ga. City Court; February term 1933; Misdemeanor,Wife beating; 12 months; Good prison record clemency recommended by the trial Judge,Solicifor,Wife of applicant and others, and he has 4 minor children in need of his support; Commuted Nov. 9, 1933.
C.B. DENNARD: Bainbridge,Ga. City Court; Dec. Adj. term 1931; Having and selling whiskey; 12 mo. or $100.00 and 6mo. or $100.00 & costs on probation later revoked; Served 3 mos. with good record, paid fine in 1 case. Therefore~we recommend that his other sentence be probated and that his probation period be 12 mos. on both sentences; Commuted Nov. 9, 1933.
ALBERT RICKERSON: Morgan Co.,Superior Court; Sept. term 1932; Transporting and having liquor and carrying pistol without license; 11 months in each of 3 cases; Good prison record, and clemency recommended by the Solicitor-Gen. Sheriff, other County Officials and the Warden; Commuted Nov. 8, 1933.
ROBERT & SAVANNAH DAVIS: Clay Co.,Superior Court; March term 1933; Selling liquor; 12 months; Clemency

128

JouRNAL oF THE SENATE,

recommended by way of payment of a fine by a majority of the trial jurors; Commuted November 8,1933.
CLARENCE KNOWLES: Bacon Co. Criminal Court;April term 1933; Simple Larceny; 12 months; Good prison record,and clemency recommended by the prosecutor, trial Judge, Solicitor and Jurors; Commuted November 23, 1933.
HENRY HAWKS: Oconee County Superior Court; July term 1933; Having liquor; 6 months; Probation on payment of court costs. Recommended by a large number of citizens of Oconee Co. Invalid wife and 3 small daughters dependent on him; Commuted November 24, 1933.
J.T. STEELE: Eastman, Ga. City Court; November term 1933; Having liquor; 12 mos; Probation on payment of a fine of $25.00; Recommended by the Judge, Solicitor and Sheriff; Commuted December 5,
1933.
DAVE DOVIDY: Eastman, Ga. city Court; August term 1933; Selling liquor; 8 mos; Good prison record, Recon~ended by the Judge,Solicitor,Sheriff,Clerk of court and citizens; Commuted December 5, 1933.
JESSE COL~ffiN, JR: Fulton Co. Superior Court; March term 1933; Bastardy; 12 mos; He is a young man and probation will a1d him to get a new start and at the same time keep a restraint over him; Connnuted December 11, 1933.
J.F. BURKHALTER: Evans County Superior Court; June term 1933; Burglary; 12 mos; Good prison record,clemency recommended by the Judge,Prosecutor, trial Jurors, County Officials and others; Commuted December 11, 1933:
OTIS MARTIN: Dodge County Superior Court; May term 1932; Misdemeanor-Larceny; 12 months and 12 months; Recommended by Warden,County Commissioner, County Officials and others; Commuted December 12,
1933.

MoNDAY, JANUARY 21, 1935.

129

JA11ES BROUGHTON: Gwinnett County Superior Court; September term 1933; Misdemeanor; $25.00 or 12 months; Good prison record, dependent family and recommended by the Warden and County Commissioners; Commuted December 13, 1933.
BERRY HUI1PHRIES: Jasper County Superior Court; August term 1933; Burglary & simple larceny; 12 months and 12 months; Clemency recommended by County Commissioners,Solicitor-General,Warden and others,wife and 2 small children dependent on him for support; Commuted December 13, 1933.
c.c. WRIGHT: Sandersville City Court September
term 1933; Possessing beer; 12 months; Good prison record, not opposed by Judge and Solicitor,recommended by County Commissioner. Wife and children dependent on charity; Commuted December 15, 1933.
WRIGHT PURVIS: Wheeler Co., Superior Court; September term 1933; Drunkenness; $25.00 & 6 mos. in jail; Recommended by the Solicitor-General,City & County Officials and a number or citizens; Commuted December 16, 1933.
ROSS FARMER: Rockdale County Superior Court; JUly term 1933; Drunk on Highway; 12 months; Good service record for halt or sentence, and he has several needy and dependent motherless children; Commuted December 16, 1933.
JAMES LATSON: Richmond County Superior Court; May term 1933; Burglary; 12 months on probation & 2-3 years; Commutation to a misdemeanor & probation for 12 months from this date; Youth or applicant,Good prison record,and recommended by reputable white citizens; Commuted December 18, 1933.
CLIFFORD BUCHANAN: Eastman, Ga. City Court;July term 1933; Simple Larceny; $ 35.00 or 12 months; Good prison record and recommended by the Solicitor and trial Judge; Commuted December 21, 1933. J.R. Barfield: Henry County Superior Court; Septem-

130

JouRNAL oF THE SENATE,

ber term 1933; Burglary; 12 months; Good prison record,recOOIDlended by the Scl1c1tor of the county court,Warden & guards,large number of citizens,has wife and 3 small children dependent on him for support; Commuted December 21, 1933.
WINFORD SMITH: Candler Co. Superior Court; August term 1933; Burglary; 12 months; Good prison record,youth of applicant; December 21, 1933.
HENRY DOOLEY: Stephens County Superior Court; April term 1932; Larceny; 12 months in 4 cases; Good prison record since May 3, 1932, clemency recommended by the solicitor-General,Judge,trial Jurors afid large number of citizens and County officials; Commuted December 21, 1933.
ED GIVENS: Moultrie City Court; June term 1933; Violating prohibition law; 12 months; Good prison record,aged mother dependent on him for support,and recommended by the warden; Commuted December 21, 1933.
LUTHER STRICKLAND: Ware County Superior Court; December term 1932; Invol-manslaughter; 12 mos. or $500.00 & 6 mos. in jail; Probation in custody of the sheriff upon payment of fine of $100.00. Recommendetl by the trial Judge, County and City offic1als,he has been in jail since Sept. 27, 1933; Commuted December 21, 1933.
PAUL LEWIS: Eastman, Ga. City Court; .May term 1933; Vagrancy; 12 months; Recommended by the Solicitor and trial Judge; Commuted December 22, 1933.
HEDGE JOHNSON: Colquitt County Superior Court; January term 1929; Assault to Murder; Simple Larceny; 4 to 5 & 5 years; Prison commission recammends that the 5 year sentence be commuted to a misdemeanor and that he be put on probation for a period of 12 months, the first sentence having been completed. Good prison record,recommended by trial jurors,Warden and others and not opposed by the trial Judge; Commuted December 23, 1933.

MoNDAY, JANUARY 21, 1935.

131

H.J. SWAN: Fulton County Superior Court; August term 1933; Larceny after trust; 1 to 3 years; Prison Comm. recon~ends that the sentence be cammuted to a misdemeanor & applicant placed for 12 months en probation. Good prison record,youth of applicant, clemency recommended. by trial Judge & Mr. Walter T. Daniel of the probation office;
conrrnuted December 23, 1933.

LATTIMORE KALE: Savannah,Ga. City Court; May

term 1931; Cheating & Swindling; 5 sentences of 12

mos. each; Good prison record since May 8, 1931;

Commuted December 30, 1933.



J.ANES EATON: Hart County Superior Court; Aug.Adj. term 1933; Misdemeanor; 6 months; Clemency recommended by the prosecutor,Warden,Guards and a number of citizens; Co~~ted January 2, 1934.

BOB RIGGINS: Telfair Co.,Superior Court;October term 1933; Having & Possessing liquor; 6 months; Good prison record and recommended by the trial Judge and Solicitor-General; Commuted January 3, 1934.

ROY THOMPSON: Danielsville,Ga. City Court;July terml933; Simple Larceny; 10 months; Good prison record and Clemency recommended b;y the Judge,Solicitor, County Officials,warden and guards; Conuted January 10, 1934.

EARL l'1URRY: Habersham County Superior Court; March term 1933; Burglary; 12 Mos; Clemency is recommended by prosecutor and not opposed by the Solicitor Gen. and Judge.Youth of applicant,good prison record; (January 10, 1934; Commuted)

BREKLEY EASTERLING & Hfl..ROLD GRIMES: Evans Co. Superior Court; Oct. term 1933; Burglary(Misdemeanor); 9 months,6 months; Clemency recommended by the Judge, City and County Officials,Warden ana others,Probat1on has already been reconwended for Brooks Womble, who ~s cony1cted for the same
offense; Commuted Jan. 11, 1934.

132

JouRNAL OF THE SENATE,

JESS BROWN: Greenville,Ga. City Court; January term 1931; Possessing liquor; 12 months suspended; Good prison record and recommended by the trial Judge; Commuted January 11, 1934.

BROOKS(S.B.) WOMBLE: Evans Co. Superior Court; October term 1933; Burglary; 9 months; Good prison record and clemency is recommended by officials under whom he has served,County Otticials,Judge Saxton Daniel and others; Cormn.uted January 11, 1934.

B.c. BARKER: Chattahoochee Co. Superior Court; Perjury; Sept. term 1933; G. Training School tor boys tor an indeterminate term; Prison Comm. recommends that he be placed on probation tor a period or 12 months;Youth or applicant and recommended by the trial Judge; Commuted January 11, 1934.

SAM GEORGE: Wayne Co. SUperior Court; April term 1933; Larceny; 12 months; Good prison record and first offense; Commuted January 17, 1934.

EDGAR & ELMER MCELWANEY & JESSE SMITH: Coweta County Superior Court; Mfg. whiskey 12 months or $75.00; Good prison record,dependent families, Clemency recommended tor them by the Warden under wham they have served,County Officials and the trial Judge; Commuted January 24, 1934.

ALBERT TAYLeR: Dooly County Superior Court; August term 1933; Violating Prohibition law; 12 months; Good prison record,poor physical condition, and clemency is recommended for him by the Judge, Solicitor-General, and officials under whom he is serving; Commuted January 29, 1934.

L.W. ALLEN: Ware County Superior Court; Decem-

ber term 1932; Misdemeanors; 12 months and 12

months; Clemency recommended for him by officials

under whom he has served and by the Chief Deputy

Sheriff, and bas lost one hand; Conrrnuted Jan. 31,

1934.

.

MoNDAY, jANUARY 21, 1935.

133

FELTS PLUMMER: Screven Co., Superior Court; Nov. term 1931; Larceny from house; 12 moAths,l2 months and 12 months; He entered service Nov. 28, 1931, and has served with good prison record since that time,and officials under whom he has served state that he has been a model prisoner; Commuted Feb. 1, 1934.
JOHN SMITH: Floyd County City Court; August term 1933; Possessing liquor; 12 months; Recommended by the wardenlTrial Judge and a number of responsible citizens; vommuted Feb. 1, 1934.
DAVIS KEY: Jasper Co., Superior Court; August term 1933; Simple larceny; 12 mos; Recommended by the trial Judge, County officials, County Commissioner and a large number of citizens; Commuted February 1, 1934.
LIVINGSTON HOWARD: Peach County Superior Court; June term 1933 Chicken Stealing & Violating Prohibition law; i2 months and 12 months; Recommended by Warden, Officials, Sheriff and a large number of citizens. Good prison record, family is destitute condition; Commuted February 3, 1934.
J .c. NICHOLSON: Dodge County Superior Court;
November term 1933; Larceny; 4 mos; Good prison record for more than half of sentence,Clemency is recommended by the Judge, County Offic1als,W1fe and 2 small children dependenton him for support; Commuted Feb. 5, 1934.
PRATHER OXLEY: Eastman City Court; Nov. term 1933; Simple Larceny & having liquor; 4 months, 3 months and 5 months; Good prison record,recommended by the Judge,Solicitor,County Officials and others, Wife an object to charity; Commuted Feb. 5, 1934.
EMORY REESE, J .B. REESE & LOVE SIMS: Morgan County Superior Court; July Spec. term 1933; Stealing; 12 months each; Good prison record,and recommended by the prosecutors,Solicitor-General and Judge; Commuted Feb. 5, 1934.

134

JoURNAL OF THE SENATE,

v.o.w. SHARPTON: Gwinnett Co., Superior Court;

Nov. term 1933; Obtaining goods by fl_ctitious writ-

ing; 6 months; Applicant entered service on Novem-

ber 11, 1933, and has served with good prison

rJeucdgoerdws.win.cSe tathrkat,t

time. This is he trial Judge

his first offense. says he ordered

him there because of his dope habit,and thought

that he was under the influence of dope the reason

he gave the bad checks; Commuted February 12,1934.

GEORGE W. COLLINS: Jones County Superior Court; April term 1933; Burglary; 12 months; Good prison record and recommended by the prosecutor and trial Judge; Commuted Feb. 13, 1934.

MORRIS WATSON: Tattnall County Superior Court; January term 1933; Forgery; 12 months or $50.00 a~d 6 months; Recommended by the trial Judge and good prison record for almost one half of the sentence; Commuted February 13, 1934.

ED BISHOP: Decatur County City Court; Having & selling Whiskey; Sept. term 1932; 12 months and 6 months; Good prison record for nearly the whole of both sentences,Clemency recommended by the Solicitor,Warden,trial Jurors and a large number of citizens; Commuted February 13, 1934.

THOMAS RICE: Chatham County Superior Court; October term 1933; Larceny of auto; 12 months; Good prison record,recommended by Sheriff Sipple and other prominent citizens,Judge Meldrim died before a recommendation was given him; Commuted February 13, 1934.

WILLIE MOORE: Floyd County City Court; March term 1933; Larceny from house,(2 cases); 12 months and 12 months; Good prison record and recommended by the Judge,Solicitor of City Court; SolicitorGeneral and Warden; Commuted February 13, 1934.

WALTER WILLIAMS: Screven County Superior Court; November term 1931; Misdemeanors 12 months in 3 cases; Good prison record for two of the sentences

MoNDAY, jANUARY 21, 1935.

135

and part of the 3rd. Has a wife and 2 small children in need of his support; Commuted Feb. 13,1934.
EDGP..R YATES: Muscogee Co. &'uperior Court; May term 1933; Burglary; 12 months; Good prison record, youth of applicant; Commuted Feb. 13, 1934.
M.L. MORRIS: Fulton County Superior Court; Oct. . term 1933; Larceny of auto; 1 to 5 years and 1 to 2 years; Prison Comm. recommends that his sentences be commuted to misdemeanors and that he be placed on prob~tion for 12 months in each case. Good prison record, youth of applicant, recommended by the trial Judge; Commuted Feb. 14, 1934.
WESLEY G.l'l.RRET'l': Dodge County Superior Court;Nov. term 1933; Burglary; 9 mos; Good prison record,recommended by County officials,Sheriff,Ordinary, Deputy-Sheriff,County Comm1ssioner,Warden and a large number of responsible Citizens, has wife and 3 small children dependent on him for support and now on charity; Commuted February 14, 1934.
CLAYTON MCDUFFIE: Telfair Co. Superior Court; October term 1932; Assault to murder; 2 to 3 years; Recommended by all the trial jurors,prosecutor, county officials and is not opposed by the trial Judge and Solicitor General,recommended by Warden and guards; Commuted Feb. 14, 1934.
MACK HOWARD: Camden County Superior Court; Nov. term 1933; Misdemeanor; 6 mos; Served almost 4 months in jail,poor physical condition,clemency recommended by the Sheriff; Commuted Feb. 15,1934.
E.w. JOHNSON: Jesup City Court; May term 1933; Possessing liquor; 10 months; Good prison record for Majority of sentence,family in destitute cond1tion,recommended by trial jurors,officials and others; Commuted Feb. 17, 1934.
EDWARD WHIT!t,IELD: Fulton Superior Court; Sept. term 1933; Burglary; 1 to 5 years. Prison Commission recommends commutation to a misdemeanor and

136

JouRNAL OF THE SENATE,

that he then be placed on probation; Good prison record and recommended by the trial Judge; Commuted Feb. 17, 1834.
RALPH LOVEL: Atlanta Criminal Court; February term 1934; Abandonment; 12 months; Prison Cownission recommends Probation,and applicant is to pay $6.00 per month toward the support or the child or its equivalent in supplies. Payable weekly at the rate or $1.50 per week; Commuted Feb. 26, 1934.
A.J. ELLIS: Clemency recommended by Judge,Solicitor-General, county orricials and others; Telfair County Superior Court; October term 1933; $75.00 12 months; Possessing liquor; Commuted Feb. 27, 1934.
LUCILE DANIEL: Crisp County Superior Court; October term 1933; Having liquor; 12 .months; Bad health,!! she goes to the hospital for 4 or 5 weeks,will cost the State about $100.00. She has served 3 months or a 12 mos. sentence; Commuted Feb. 28, 1934.
GEORGE CQI\IT.JELL: Wheeler County Superior Court; October term 1933; Possessing liquor; 12 months; Poor health,recammended by P.H. Lawrence,Supt. State Farm. A brother will take care or him; Commuted Feb. 28, 1934.
ED JAMES: Waycross City Court; June term 1933; Misdemeanor; 12 months; Not recommended by Prison commission; Defendant main dependence or his mother, Who is now sick. Clemency recommended by former Judge or City Court, and Warden under whom he has been serving; Commuted March 6 1 1934.
GEORGE HARRISON: Gwinnett Co. Superior Court; Nov. Adj. term 1933; Burglary(misdemeanor); 12 months; Clemency recommended by county officials,
SChomermifisfs,ioOnerdrsinaanrdy,Cotlherekr,sD, eJpuudtgyeSwh.ewri.ffS,Ctaorukn,tthye
trial Judge,stated to Hon. T.M. Linder that he would recommend that applicant be dis~harged on

MoNDAY, JANUARY 21, 1935.

137

probation; Commuted March 26, 1934.

BARTLEY RAMEY and FRED WATKINS: Rabun Co. SUper-

ior Court; May term 1933; Burglary; l to 2 & 2 to

3cuymesatarns ,cerse sopr etchtei v feal ym; i lGi eoosd.

prison record,dire cirClemency recommended

by the trial Judge,Solicitor General,County o!!i-

c!als and prosecutors; Commuted March 14, 1934.

LEONARD GREEN: Walton Cotlllty Superior Court; October term 1933; Wife Beating; 8 months; Recommended by the trial Judge,Warden,Guards,Chairman of County Comm1ss1oners,not opposed by the Solicitor-General; Commuted March 14, 1934.

D.C. CLOUD: Henry County Superior Court; March term 1933; Misdemeanors; 12 months and 12 months; Good prison record,youth of applicant,and clemency recommended by county officials,county commissioners,Warden and not opposed by Solicitor General; Commuted March 14, 1934.
SEABORN DANIEL: Fulton County Superior Court; May term 1932; Larceny of auto; 3 to 4 years; Good prison record,dependent !amily,no ~~position in the tile, the trial Judge states that whatever action is taken will be satisfactory to him; Co~~ted March 14, 1934e
ELMER SPRATLING: Floyd County Superior Court; October term 1933; Misdemeanor; 12 months; Good prison record,Clemency recommended by the prosecutor, Solicitor General~ Deputy Sheriff and others; Commuted March 14, 1934.
PERCY B. BARNER: Atlanta,Ga. Criminal Court; November term 1934; Operating auto while intoxicated; 12 months,Suspended,3 mos. concurrent; Good prison record and good previous record; Commuted April 14, 1934.

PERKINS SULLIVAN: Bacon Co. Criminal Court; June term 1933; Pointing pistol; 12 months; Good prison record for more than 8 mos. Clemency recommended by

138

JouRNAL or THE SENATE,

the trial Judge,Warden and Clerk or Bacon Superior Court and acting Ordinary; Commuted April 3, 1934.
JOE BARNES & JACK CONLEY: Baker County Superior Court; August term 1933-; Misdemeanor; 12 months each; Driving car without ownerts consent; Good prison record and recommended by the trial Judge; Commuted April 3, 1934.
SHEROD & JOE HILL: Wayne Co., Superior Court; November term 1933; Public Drunkenness; 6 months; and 9 months; Probation under supervision or c.A. AShley,Cniet or Police, Jesup,Ga. as probation officer; Good prison records and recommended by Solicitor General W.B. Gibbs; Commuted March 21, 1934.
R.s. FELLOWS: Randolph Co., Superior Court November term 1933; Abandonment; 6 mos. in jail & 12 mos. at State Farm; Recommended by a large number of citizens,County Officials,grand jurors,Solitor-General pro tem, and others; Probation on condition that he support his child in accordance with court orders in said case, but not otherwise; Commuted April 12, 1934.
SHERMAN c. MORRIS: Fulton Co. Superior Court; October term 1933; Larceny ot Auto; 1 to 3 years; Commutation to misdemeanor and that he then be placed on probation; Good prison record and recommended by the trial Judge; Commuted April 11, 1934.
JOE HUDSON: Paulding County Superior Court; August tenn 1932; AssaUlt to murder; 12 months or $100.00; Good prison record and recommended by trial Judge, who states that the Solicitor-r~eral agrees with him and joins in the request; Commuted April 14, 1934.
PRIMORIS USSERY: Jasper Co. Superior Court; August term 1933; Making liquor; 12 months; Good prison record. Recommended by the trial Judgei County Commissioners and Warden; Commuted Apri
14, 1934.

MoNDAY, JANUARY 21, 1935.

139

LOUIS PITTS: Easuman, Ga. City Cour~; October term 1933; Public Drunkenness; 12 months; Good prison record,Cle.mency recommended by a number or responsible citizens. Solicitor States that he does not think he should serve full tenn in the chainga.ng,but about 60 days. Pitts has served more than 60 days; Commuted April 11, 1934.
HORACE EDWARD SMITH: Superior Court Hall County; Sept. Special tenn 1933; Larceny trom house; 12 months; Good prison record for more than i sentenc~ clemency recommended by the trial Judge and prosecutor consents to it; Commuted April 21, 1934.
JESS PENNY: Floyd County SUperior Court July term 1933; Possessing and selling liquor; i2 months on gang and 6 months in jail; Good prison record and recommended by a number of responsible citizens; Commuted April 19, 1934.
J .E. GILDER: Wheeler County Superior Court; Sept. Rec. term 1933; DriVing car while intoxicated; $30. 00 and 12 monthsi Clemency recommended by county officials and a arge number or responsible citizens,and by Solicitor-General and Judge after 30 days service. Has a wife and 2 small children to support; Commuted April 18, 1934.
GUS WRIGHT: Eastman,Ga. City Court; March term 1934; Having liquor; 4 months; Good prison record, and clemency is recommended by the Judge,solicitor, sheriff and Clerk or Court,and has a dependent; Commuted April 24, 1934.
J. WILEY GRAN!': Baker County Superior Court;July term 1933; Larceny; 12 months; Good prison record, poor physical condition; Commuted April 24, 1934.
JOHN HALE: Greenville City Court; October term 1933; Possessing Whiskey; 12 mos; Good prison record,needy family,recommended by County Officials, Warden and a number or responsible Citizens; Commuted April 24, 1934.

140

JouRNAL OF THE SENATE,

FLOYD BRAGG: Floyd County City Court; Feb. term

1934; Possessing liquor; 12 mos; Good prison re-

cord,destitute circumstances of family,recommended

by.the number

tr of

i

aciltiJzuendsg;Ce ,oSmoml i cu1tetdo rA1Wparridl en2

and a la 4, 1334.

rg

e

N.A. GARNER, JR: Atlanta Criminal Court; January term 1934; Larceny; 12 months; Good prison record, youth or applicant, and clemency recommended by officials under whom he has served and others; Commuted April 25, 1934.

WILSON & J.C.WILLIAMS & RICHARD DENSON: Twiggs

Co. Superior Court; Feb. Adj. term 1934; Stealing

cow; 3 mended

yrs.; 2 by the t

yrs,; rial

Ju2dgyer,sSo;lirceistpoerc-tGievneelrya;l~R.necuomm -

ber of responsible citizens. First offense and

all have dependents; Commuted May 1, 1934.

SYLVESTER MOSLEY: Metter, Ga. City Court; December term 1932; Larceny; 12 mos; and 12 mos; Clemency is recommended ror him by the Warden,Camp physician,County Commissioners and others,no objections appear in the file; Commuted May 2, 1934.

ANDREW, BILL & ROBERT MYERS: Pulaski County Sup-
&sepr$ieo9corti.voCeoo1uyr1;t2; GmSooeodps.tp&treirs$mo1n010r9.e03c03o;; rdM12sismadneodms.eca&lenmo$r4esn;0c.0y90mreroceso-.m-
mended by the Judge of the circuit,Solicitor-General,Warden,County officials and others; Commuted May 3, 1934.

CECIL HUDGINS: DeKalb County Superior Court; December term 1933; Larceny-(Misdemeanor); 12 months; Youth of applicant,good prison record,and clemency recommended by the trial Judge,Warden and Sheriff; Commuted May 7, 1934.

J .W. WILSON alias JAMES WILSON: Fulton County Superior Court; January term 1933; Larceny of auto; 1 to 5 years and 1 to 5 years; Commutation to rrdsdemeanor and that he be placed on probation for 12 months. Youth of applicant,good prison record,and

MoNDAY, JANUARY 21, 1935.

141

clemency recommended by trial Judge,Solicitor-General,owner of the cars stolen,County Officials, large number of citizens and others. Has a job promised him when released; Commuted May 9, 1934.

FLETCHER POUNDS: Griffin City Court; March term 1934; Having liquorj $50.00 or 6 months; Good prison record,recammended by Judge and Solicitor; Commuted May 9, 1934.

HOLLAND JONES: DeKalp Co. Superior Court;Ma.rch

term 1934; Carryipg pistol without license and

shooting at another; 12 months,each case concurrent-

ly; Good prison record, Good offense,Clemency recommended

previou by Hon.

sCrleacuoderd~1.t

i

r

s

t

Smith,Solicitor General,and number of citizens and

has a job awaiting him on release; Commuted May 9,

1934.

D.A. LOCKRIDGE: Fulton & Dekalb Counties Superior Court; Robbery Spring term 1932. Sept. 193.1; Robbery; 3 years; 2 years; respectively; Good prison record tor all of first sentence,and clemency recommended by the prosecutor in the second case, by the trial JudgeL~nd the Warden and others; Commuted May 9, 1904.

TOMMIE CLARK: Elberton City Court; November term 1933; Disturbing divine worship; $40.00 and 12 mon~ ths on probation; Good prison record,good previous record,and clemency recommended by the trial Judge; Connnuted May 10, 1934.

SLI11 CALDWELL: Fulton County Superior Court;November term 1933; Burglary; 3 to 5 years; Prison Commission recommends that his sentence be commuted to a misdemeanor,and that he be placed on probation. Clemency recommended by the party from whom the things were taken and others. Judge R.N. Hardeman will recommend that John Hudson recommends; Co~ muted May 11, 1934.

NAPOLEON HUBERT: Fulton County SUperior Court; November term 1933; Burglary; 3 to 5 years; Prison

142

JouRNAL OF THE SENATE,

Comm. recommends that his sentence be commuted to a misdemeanor and that he be placed on probation. Recommended by the party from whom the things were taken,and others; Commuted May 11, 1934.
ARTHUR MOORE: Floyd County Superior Court; April term 1933; Possessing liquor and stealing chickens; 12 months and 12 months; Probation under supervision of Probation Officer of Floyd County; Clemency is recommended by the Solicitor General,Warden and official reporter; Commuted May 11, 1934.
LAWRENCE WATKINS: December te!"lll 1933; Fannin County Superior Court; Burglary; 1 year; Commutation to misdemeanor and that he be probated for the remainder of his sentence. Good prison record, and recommended by the trial Judge and prosecutor, applicant desires to make a crop; Commuted May 11, 1934.
HENRY HIGHT: Floyd County City Court; Nov. term 1933; Driving while drunk; 6 months and 6 months; Recommended by a large number of citizens and by trial Judge provided he obtain steady employment, his mother has secured a job for him; Commuted May 16, 1934.
.
GEORGE ENGLISH: Stephens Co. Superior Court; April term 1932; Larceny in 4 cases; 12 months in each case; 2 years actual service, recommended by all the trial jurors, trial Judge,Solicitor-General,Prosecutors,and Warden; Commuted May 23, 1934.
GORDON BLANKINSHIP: Floyd County Superior Court; Jan. term 1934; Possessing liquor; 12 months in
gang & 6 months in jail, or $100.00 and 8 months;
Good prison record, Recommended by the Solicitor General,Warden and a large nmnber of citizens; Commuted May 29, 1934.
C.B. CURLEY: Jonesboro,Ga. City Court; October term 1933; Transporting whiskey; 10 months or $80.00; Recommended by Prison Commission, trial Judge, Sheriff and Warden served practically 8

MoNDAY, JANUARY 21, 1935.

143

months o! a 10 months sentence; Commuted May 30,
1934.
WADE COLEMAN: Eastman,Ga. City Court; Oct. term 1933; Public Drunkenness; 12 months; Recommended by the trial Judge, County Commissioners,County Warden,Guard,Clerk o! Court,County probation o!!1cer,Tax Receiver and poor physical condition; Commuted May 25, 1934. Not recommended by Prison Commission.
FRANK SUMMERS: Screven County Superior Court; Dec. term 1933; Burglary; 12 months; Recommended by the trial Judge. One witness has written to the trial Judge that he swore falsely as to the guilt o! the prisoner; Commuted May 29, 1934.
HARVEY HEAD: Greenville,Ga. City Court; October term 1933; Operating car under influence o! liquor; 12 months; Recommended by prosecutor,trial Judge, Solicitor o! the Court and other citizens; Commuted June 7, 1934.
CHARLIE LEWIS: Macon,Ga. Ci"ty Court; January term 1934; Escape; 12 months; Good prison record and recommended by the Warden; Commuted June 7,
1934.
FRED ROGERS: Atlanta,Ga. Criminal Court; February term 1934; Possessing liquor; 10 months; Good prison record !or almost hal! o! sentence,and clemency is recommended by the trial Judge; Commuted June 7, 1934.
WRIGHT SPIRES: Telfair County Superior Court; Feb. Adj. term 1933; Having and possessing liquor; 12 mos. or $100.00 and 3 months; Probation on 12 mos. sentence on payment o! $100.00; Good record, first o!!ense,dependent family, Reconunended by the Sheri!!,Clerk o! Court,Ordinary,County Commissioner and other County Officials and not opposed by the Solicitor-General; Commuted June 8, 1934.
J.E. GILDER: Wheeler Co. Superior Court; Sept~

144

JouRNAL oF THE SENATE,

Adj. term 1933; driving while drunk; $30.00 and 12 months; Good prison record and recommended by the trial Judge and a large number of citizens; Cammuted June 11, 1934.

HOWARD CARROLL: Fulton County Superior Court; June term 1934; Larceny or auto receiving stolen goods; 12 months; Recommended by trial Judge and the report made by the Probation Officer of Fulton Co. and in view of the tact that the Judge changed his sentence within 3 days after it was given, I respect his wishes in the case and order that the prisoner serve the remainder of sentence on probation; Commuted June 12, 1934; Not recommended by Prison Commission.

EARL BENSON: DeKalb Co. Superior Court; May term 1934; Misdemeanor; 12 months; Good prison,record. _ and Clemency is recommended by the Solicitor-General and trial Judge; Commuted June 13, 1934.

ALFRED THOMPSON: Jefferson Co. Superior Court; November term 1933; Misdemeanor; 12 months;Good prison record, recommended by the Chm. of the County Commissioners and Relief Administrator of Jefferson co. states that applicant's family is on the relief rolls, and his previous record is good; Commuted June 28, 1934.

MITCHELL EVANS: Louisville, Ga. City Court; January term 1934; Misdemeanor; 12 months; Good prison record and clemency recommended by the prosecutor, Solicitor and others,Clemency has already been recommended !or Alfred Thompson, the co-defendant mentioned in the letter of Mr. Frank Hardeman, the prosecutor; Commuted June 28, 1934.

JOE BEACHAM: Newnan Malicious mischief; 12

City Mos.

Corou$r5t;o.oJoan; .Gtoeordmp1r9is3o4n;

record, applicant has a wife and baby dependent

upon him for support. Clemency recommended by the

Judge,Solicitor,Sherif! and Deputy Sheriff; Commut-

ed June 21, 1934.

MoNDAY, JANUARY 21, 1935.

145

WILLIE WRIGHT: Floyd County City Court; Nov. term 1933; Carrying concealed pistol; 12 months; good prison record. Reconnnended by the Judge and Warden. Has wife and 2 small children in need of his support; Commuted June 15, 1934.
W.A. STAPLIN: Atlanta Criminal Court; March term 1934; Carrying concealed weapons; $50.00 or 6 months; Good prison record, poor physical conditio~ Recommended by trial Judge; Commuted July 11, 1934.
KATIE FEW: Atlanta Criminal Court; April term 1934; Simple larceny; $50.00 or 12 months; Good prison record,fine has been paid Clemency recommended by the trial Judge. Has 7 year old child very ill,and the Adult Probation Officer states that he is in need of his mother to look after him; Commuted July 5, 1934.
FRANK SAWYER: Fulton County Superior Court; November term 1933; Larceny from house; li to 3 years; Commutation to misdemeanor and that he then be placed on probation; Good prison record,recommended by party from whom the rings were stolen, trial Judge,Assistant Solicitor-General and has a job when he is released; Commuted June 20, 1934.
ELIZABETH HANSEN: Atlanta,Ga. Criminal Court; December term 1933; Misdemeanor; 11 monthSiGood prison~ecord,Recommended by trial Judge and Chief Probation Officer; Commuted July 11: 1934.
DOLLY REEVES: Fulton County Superior Court; May term 1934; Assault & Battery; $60.00 and 12 months; Good prison record,Recommended by the trial Judge, Solicitor General and Fulton County Probation Officer; Commuted JUly 12, 1934.
LCWELL HARRIS: Buford,Ga. City Court; February term 1934; Operating auto While intoxicated; 12 months; Good prison record,destitute condition ot
family. Clemency Approved OY the Solicitor and
Judge, and applicant has a job awaiting him on release; Commuted July 16, 1934.

146

JouRNAL OF THE SENATE,

LAUREE ROBINSON: Fulton County Criminal Court; Atlanta; May term 1934; simple larceny; 12 months; youth or applicant; recommended by the trial Judge and probation officer; commuted July 17, 1934.
GEORGE CONEY: Fulton County Superior Court; January term 1934; misdemeanor; 12 months and 12 months; recommended by Asstt. Probation Otticer,trial Judge,Hon. E.D. Thomas; collliiluted July 17, 1934.
KAYLOR CURRIE: Floyd County SUperior Court: August term 1933; bastardy; $500.00 or 12 months on gang a.nd 6 months in jail; recommended by Judge, Solicitor-General and Warden; commuted July 19,1934.
CHARLIE SCHRIMSHER: Floyd County Superior Court; October term 1933; pointing gun at another; 12 months and,.six months. ~n jail; recommended by Sol1c1tor-General;.prosecutrix and her husband,Warden and deputy Sheriff; commuted July 19, 1934.
BUCK HILL: Chattooga County Superior Court; February term 1934; possessing liquor; $125.00 or 8 months; youth ot applicant; good previous record; recommended by the Warden; commuted July 19, 1934.
T. SCOTT: Cartersville,Georgia,City Courti December term,l933; misdemeanor; 12 months and ;p25.00; unable to pay tine and entered service January 25, 1934iand served with good record; recommended by tria Judge; commuted July 19, 1934.
W.F. MULLIS: Pulaski County Superior Court; September term 1932; misdemeanor; 12 months and $75.00; recommended by Ord1nary,Tax Collector, Court reporter and others; tine was paid; commuted July 19, 1934.
W.M. JERNIGAN, alias FRANK STONE; Atlanta,Georgia,Cr1m1na1 Court; June term 1934; $1750.00 and 12 months and 12 months; Prison Commission recommends probation tor full period of 12 months upon payment ot a fine of $150.00 in addition to the bond torte1ture paid in case #124504 in the Crimi-

MoNDAY, JANUARY 21, 1935.

147

nal Court or Atlanta; also probation for 12 months in case #127766 on payment or fine or $200.00; clemency granted because the penalties inflicted tor like offenses are unequal and appear to be excessive; commuted July 19, 1934.
L.O. COLLINS, alias J.O. JOHNSON: Atlanta,Georgi~ Criminal Court; June term 1934; possessing liquor; $1750.00 and 12 months and 12 months; Prison Cammission recommends probation to~ full period or 12 months upon p~ent or a fine or $150.00 in addition to the bond forfeiture paid in case #124506 in the Criminal Court of Atlanta, and also probation for 12 months in case #127759 on payment of a fine of $200.00; clemency granted because the penalties inflicted for like offenses are unequal and appear to be excessive; commuted July 19, 1934.
WILL JONES: Dodge County Superior Court; November term 1933; as~ault and battery; 9 months; recommended by county officials including Representative or Dodge County,who is the grandfather of the girl alleged to have been assaulted and by the Judge and Solicitor General and others; commuted July 20, 1934.
LEWIS ARMSTRONG: Cobb County Superior Court; April term, 1934; misdemeanor; 12 months; recommended by Judge,Solicitor-General,prosecutor;badly needed as support for his mother; also recommended by Sheriff; commuted July 21, 1934.
JOHN ROGERS: Savannah,Georg1a,City Court;January term 1934 gambling; 12 months; recommended by trial Judge! Judge Alex R. MacDonnell, Ex-Officio Judge City (.;Ourt or Savannah; very poor physical condition; cammuted July 23, 1934.
CLIFFORD REECE: Hall County Superior Court;November term 1933; 1 to 3 years; auto larceny; recommended by Judge; bas wife and three small children badley in need of his support; commuted July 24, 1934.

148

JouRNAL oF THE SENATE,

KIN JONES: Crisp County Superior Court; January term 1934; shooting at another; 12 months and $100.00; recommended by Judge fi._ld Solicitor-General; he has served more than five months with good record; commuted July 25, 1934.
DOCK PRICE: Jonesboro,Georgia,City Court; June term 1934; misdemeanor; three months; recommended by Judge,Clerk of Superior Court,Emergency Relief Administrator and others; has dependent family which is being partly cBred for by Charitable Organizations; Commuted July 25, 1934.
ARTHUR PADEN: Fulton County Superior Court; January term 1934; burglary; 1 to 2 years; youth of applicant; recommended by trial Judge and Assistant Solicitor-General; commuted July 25, 1934. . LUTHER EBERHARDT: Fulton COlmty Superior Coilrt; March tenn 1934; misdemeanor(carrying pistol); 12 months; recommended by Probation Officer of Fulton County; Judge Pomeroy Fulton Superior Court and Prison Commission; commuted July 26, 1934.
ARCHIE JOHNSON: Atlanta,Georgia,Criminal Court; June term 1934; operating auto while drunk;$50.00 and 6 months; due to illness of wife and child, Judge. Wood.approves innnediate release; conmruted July 26, 1934.
CLAUD PAYNE: Floyd County Superior Court; January term 1934; possessing whiskey; 8 months; recommended by Solicitor General and a number of others,_ family in needy circumstances; connnuted July 26.;. 1934.
-~-
H.A. ClUsFr~tlanta,Georgia,Cr!minal Court;
Novemper term 1933; possessing liquor; 6 months and 6 montns; probation o~ payment ot tine ot
$50.00; recommended by Judge Recorder's Court,East PQtat anQ a large number of responsible citizens; commuted July 26, 1934.
SANT1ru[LINAX: Cherokee County Superior Court;

MoNDAY, jANUARY 21, 1935.

149

December term 1933; misdemeanor; 12 months; recommended by trial Judge, Solicitor-General,County Officials, and others; commuted July 27, 1934.

W.E. SINOR: Atlanta,Georgia,Criminal Court; Dec-

ember term 1933; simple larceny and vagrancy; 6

months and 6 months; served one sentence with good

record and more than two months or the second sen-

tence; recommended by trial Judge; commuted July ~?~

1934.

.

B.R.(ROY) BROWN: Griff1n,Georgia,City Court; May term 1934; driving while drunk; 8 months; Solicitor recommends clemency 1n order that he may receive treatment at Veterans Hospital; commuted July 30, 1934.

FRANK H. Foster: Atlanta,Georgia,Crim1nal Court; April term,l934; wife beating; 12 months; recommended by trial Judge; wife also urges clemency; comm~ted July 31, 1934.

GEORGE AND JESSIE FERGUSON: Decatur~Georgia,City Court; March term 1934; public drunkenness; 12 months;recommended by Judge and Solicitor;commuted August 1, 1934.

L.P. PRINCE: Cherokee County Superior Court; February term 1934; misdemeanor; 6 months; recommended by the Clerk or Court,Warden,County Commissioner and trial Judge; commuted August 1, 1934.

AI'10S BENNETT: Muscogee County Superior Court; November term 1933; misdemeanor(involved in fight); 12 months; recommended by trial Judge, SolicitorGeneral and others; commuted Au~~st 3, 1934.

COY POSTELL: Cook County Superior Court; April term 1934; public drunkenness; 12 months; recommended by Judge,Sol1citor,County Officials and warden; August co~u-~ t~ ed..... 6, 1934.
OSCAR HBARD:Bibb County Superior Court;February term 1934;larceny from house;l2 months;recommended by Solicitor-General and Warden;Cdmmuted Aug.6,1934.

150

JouRNAL OF THE SENATE,

WILL B. BROWN: Atlanta,Georgia,Cr1minal Court; February tern. 1934; 6 & 4 mos. misdemeanor; recommended by trial Judge and upon plzysical condition of applicant as shown by County plzysic1an; commuted August 6, 1934.

ED MCNELIS: Bibb County Superior Court; November term 1933; burglary; 1 to 2 years; recommended by chief of Police of Macon,Sheriff; Solicitor General,Warden,Taylor County and Solicitor City Court ot Macon and others; commuted August 5, 1934.

THELMA JOINER: Thoma.sville,Georgia,City Court;

March term 1934; Drunk; 12 months; recammended by

tsreirvaeldJuabdoguet,S5otlimcoitnothrs;

youth ot applicant and has ot sentence; commuted Aug.

9, 1934.

ROBERT HAWKINS AND JOE HAWKINS: Decatur,Georgia, City Court, May term 1934; misdemeanors; $25.00 or 12 months; recommended by Judge and Solicitor; commuted August 9, 1934.

SAM BANES: Decatur,Georgia,City Court; May tern. 1934; trespass; 12 months; recommended by Judge and Solicitor; commuted August 9, 1934.

HARRY GREGORY: Fulton County Superior Court; February term 1934; larceny automobile; 12 months; recommended by trial Judge and applicant,l7 years of age has served about half of his sentence; commuted August 9, 1934.

HOWARD TOLBERT: Floyd County Superior Court;January term 1931; abandonment; 12 months & 6 months 1n jail or 1 month and $5.00 per week to family; recommended by Solicitor General,Warden and County Physician who states he is in bad physical condition; commuted August 9, 1934.

VAN HARPER: Douglas County Superior Court;!'.arch term 1934; having liquor; 1e months; recommended by trial Judge and warden; commuted August 9, 1934.

MoNDAY, jANUARY 21, 1935.

151

L.W. SPIVEY: Atlanta,Georgia,Cr1m1nal Court; F-ebruary tenn 1934; attempted burglary; 8 months; recommended by trial Judge,Warden and a number or others; commuted August 10,1934.
A.J. SILER: Atlanta,Georgia,Crim1nal Court; May term 1934; receiving stolen goods; 12 months; recommended by the Trial Judge; commuted August 10, 1934.
FLOYD PUCKETT: Jonesboro,Georgia,City Court;December term 1933; abandonment; 12 months or $200.00; recommended by the Sheriff; Warden; by the present Judge or the City Court or Jonesboro,and by the exJudge; commuted August 10, 1934.
GREEN WALTON (WATSON): Ricbmond County,City Court; June term 1934; misdemeanors; 4 months(3 concurrent cases); recommended by trial Judge and Solicitor City Court; commuted August 13, 1934.
R.A. CARTER: Fulton County Superior Court; February tenn 1934; larceny o! auto; 12 months; destitute circumstances or family; recommended by trial
Judge; commuted August 3t, 1934.
HARRY STEWART: Atlanta,Georgia,Criminal Court, February tenn 1934; lottery; 4 months or $50.00; recommended by Solicitor; commuted August 14, 1934:
CLEVELAND RUSSELL: Carrollton,Georgia,City Court; May term 1934; having liquor; $50.00 and 12 months; recommended by trial Judge and the fine as recommended has been paid,according to a certificate from the Clerk o! Court; commuted August 15, 1934.
RAYMOND HAYNES, alias BROOKS: Atlanta, Georgia, Criminal Court; November tenn 1933; possessing liquor; 12 months and 12 months; recommended by Solicitor,Warden and deputy Warden; commuted August 16, 1934.
JACK WILLIAMS: Gwinnett County,Super1or Court; July term 1934; misdemeanors; 12 mos; 12 mos; or

152

JouRNAL oF THE SENATE,

$25.oo each case; poor mental and physical condi-
tion; recommended by trial Judge; commuted August 16, 1934.

JOHN BOSS: Marion County Superior Court; October term 1933; assault and battery; 15 days in jail and 12 months on gang; poor physical condition; recommended by Chairman of County Commiss1onera,Clerk or Court and is not opposed by the trial Judge; commuted August 20, 1934.

GROVER MOORE: Carrollton,Georgia,City Court; February term 1934; misdemeanors; $30.00 and 6 months & $50.00 or 12 months; recommended by trial Judge and prosecutor; completed first sentence with good record and entered on second sentence; commuted August 22, 1934.

RICHARD KILLINGSWORTH: Polk County Superior Court; January term 1934; forgery; 12 months;youth or applicant recommended by trial Judge and number of prominent citizens and officials of Alabama; commuted August 22, 1934.

J.H. ADAMS: Atlanta,Geor~ia,Criminal Court;December term,l933; simple larceny; 12 months; recommended_by trial Judge and Probation officer; commuted A~gust 22, 1934.

JERRY ROONEY: Atlanta,Georgia,Criminal Court; March term 1934; assault and battery; 12 months;.: recommended by trial Judge and the Probation Officer; needs medical treatment and will enter Government Hospital; commuted August 22, 1934.

IRA L. CARROLL: Macon,Georgia,City Court; September term 1932; violating prohibition law; 12 months; recommended by the Judge,Probation Officer and others; commuted August 27, 1934.

HENRY COCHRAN: Jonesboro,Georgia,City Court;

M$4ayb.oteor;mre1c9o3m4m; ecndheedatbinygtraniadl

swindling; 6 months or Judge,Warden and oth-

ers; commuted August 27, 1934.

MoNDAY, jANUARY 21, 1935.

153

HARRY MAHONEY: Atlanta,Georgia,Cr1m1nal Court;

January term 1934; larceny from the person; 10

months;recommended by the trial Judge and Solicitor;

commuted September 7, 1934.



MARY NORTON: Spalding County Superior Court;February term, 1934,public drunkenness; malicious mischief; pistol; 6 months or $40.00; 6 months or $40.00; 4 months or $25.00; recommended by warden, deputy Sheriff; and Jaile~; commuted September 7, 1934.

GRADY COBB: Colquitt County,City Court; March term 1934; having liquor 12months; recommended by county Commissioners and a large number or citizen~ his family is badly in need of his support; cammuted September 14, 1934.

WILLIAM HALL: Atlanta,Georgia,Criminal Court; January term 1934; Assault and battery; 12 months; recamm~nded by trial Judge,Solicitor and others; commuted September 14, 1934.

-EUGENE YOUNG: Fulton County Superior Court;September term 1932; burglary and misdemeanor; 2 years and 6 months to follow; has served his felony sentence with good prison record and has entered service on his misdemeanor sentence; commuted September 19, 1934.

DENNIS SEGARS: Stephens County Superior Court; October term 1930; assault with intent to murder; $500.00 or 12 months; recommended by County Camm1ssioners,Solic1tor-General,Sheriff,Clerk of Court, trial Judge; commuted September 19, 1934.

COSTINE TATE: Blackshear,Georgia,City Court; May term 1934; simple larceny; 9 months; recommended by trial Judge, Solicitor,ClerK of Court,County Commissioner; commuted September 19, 1934.

(H.R.)ROLAND GRAVETT: Polk County Superior Court; March term 1934 possessing liquor; 12 months; recommended by Solicitor General,trial Judge; warden;

154

JouRNAL OF THE SENATE,

connnuted September 19, 1934. OTIS COOPER: Atlanta,Georgia,Criminal Court;
January term 1934; lottery; 10 months; has served most or sentence and recommended by the Judge and Solicitor or the Criminal Court or Atlanta; commuted September 19, 1934.
THOMAS EMERSON: _Fulton County Superior Court; December term 1933; 12 months; recommended by Assistant Solicitor General and trial Judge; commuted September 19, 1934.
HENRY GILBERT: Atlanta,Georgia,City Court; March term 1934; possessing liquor; 12 months; recommended by Solicitor,Warden,Probation Officer and others; commuted September 19, 1934.
EBEN HAMPTON: Richmond County Superior Court, February term 1934; involuntary manslaughter; 12 months; youth or applicant recommended by trial Judge and Solicitor General; commuted September 19, 1934.
DEWITT PRICKETTE: Fulton County Superior: Court; January term 1934; larceny from house; 10 months; good record and recommended by trial Judge; commuted September 19, 1934.
PEARL ROBERTS: Atlanta,Georgia,Criminal Court; May term 1934; possessing whiskey; 6 months; recommended by trial Judge; commuted September 19, 1934.
WALTER V. HANDLEY: Douglas,Georgia,City Court, May term,worthless checks; 9 months each in three cases; good record covering two or the sentences; recommended by the Suptt. at State Farm,trial Judge and Solicitor; commuted September 20, 1934.
VIVIAN COCHRAN: Fulton County Superior Court; July term 1933; misdemeanor; burglary; 11 months; 2 to 4 years; served first sentence with good record and about three and one half months on the second; youth or applicant and in poor physical

MoNDAY, jANUARY 21, 1935.

155

condition; commuted September 201 1934. JEREMIAH FIELD: Cherokee County Superior Court;
February term 1933; seduction; 5 to 8 years; recommended by prosecutrix,member of the Grand Jury, Clerk of the Superior Court,Sheriff,Ordinary and a large number of leading citizens; commuted September 20, 1934.
TOMMIE LEE COCHRAN: Eastman,Georgi~,City Court, Misdemeanor; May term 1934; 12 months; recommended by trial Judge,Solicitor and Sheriff; commuted September 22, 1934.
ALVIN fAND BILL HENRY: Decatur,Georgia,City Court; July term 1934; having and transporting liquor; 8 months; dependent families; recommended by the Judge and Solicitor; commuted September 291 1934.
JAMES DANIEL: Atlanta,Georgia,Criminal Court; March term 1934; stabbing; 8 months; good prison record; recommended by the trial Judge; commuted October 1, 1934.
EZELL JAMES: Atlanta,Georgia,Crim1nal Court;April term 1934; misdemeanor; 8 months; recommended by the trial Judge and Solicitor; commuted October 1, 1934.
GEORGE SMITH: Atlanta,Georgia Criminal Court; December term 1933; lottery; $100.00 and 8 months in 2 cases; good record; recommended by Judge; commuted October 1, 1934.
VICTORIA BRADFORD: Cobb County Superior Court; March term 1934; misdemeanor(Public Drunkenness); 12 months; good prison record and she has two small children who need her care; commuted October 5,1934.
A.A. WALKER: Atlanta,Georgia,Criminal Court; July term 1934;6 months;wi!e beating;good prison record; poor physical condition needs treatment. from Veterans Hospital;commuted October 5, 1934.

156

JouRNAL oF THE SENATE,

FANNIE STONECHIPER: Gwinnett County Superior Court; July term 1934; drunk on highway; 12 months; recommended by Sheri!f,trial Judge; neither recommended nor opposed by the Solicitor General; cammuted October 10, 1934.
JOHN HENRY AUSTIN: Atlanta Georgia,Criminal Court April term 1934; assault and battery; 12 and 5 monfhs; recommended by the Solicitor and trial Judge; commuted October 10, 1934.
GUS EDWARD CROW: Fulton County Superior Court; Fepruary term 1934; burglary(misdemeanor); 12 months in each o! five cases; youth or applicant; recommended by trial Judge and Atlanta Legal Aid Society; commuted October 11, 1934.
EDDIE LEE GIBSON: Upson County Superior Court; March term 1934; burglary 12 months; recommended by Sheriff, prosecutor,soiic1tor-General,Warden, trial Judge states he has no objection to clemency; commuted October 11, 1934.
RUFUS GAY: Fulton County Superior Court; March term 1934; burglary; 12 months; recommended by the prosecutor and trial Judge; commuted October 11, 1!)!34.
OTIS HAMMOND: Atlanta,Georgia,Crim.inal Court; May term 1934; pointing pistol; 12 months; recommended by Solicitor; trial Judge and others; cammuted October 11, 1934.
JOHN TABAKIAN: Jesup,Georgia,City Court; October term 1933; cheating and swindling; 12 months and 6 months in jail; 12 months sentence completed at State Farm,now in jail; recommended by trial Judge; Solicitor-General; and Solicitor of City Court and number or others; commuted October 12, 1934.
WINSTON THORNTON: Fayette County Superior Court;September term 1933 perjury; 4 years; recommended by trial Judge and Solicitor General; commuted

MoNDAY, jANUARY 21, 1935.

157

October 12, 1934. PLUMMIE LASSETER: Monroe County Superior Court;
July term 1934; violating prohibition law; 12 mos; 12 mos. and $75.00; 12 mos. and $75.00 and 12 mos. and $75.00; the last 3 sentences to be suspended on payment of fines; recommended by trial Judge; poor physical condition; commuted October 12, 1934.
M.L. KING: Fulton County Superior Court; January term 1934; misdemeanor(burglary); 10 months; recommended by trial Judge,deputy Warden;poor physical condition; commuted October 15, 1934.
ERNEST HOLMAN: Gwinnett County; Superior Court; Spring term; 1933 burglary and simple larceny; 1 to 2 years and f2 months; has completed minimum term of his felony sentence; recommended by county officials; commuted October 16, 1934.
B.L. CLAYTON: ~tlanta,Georgia,Crtminal Court; November term 1933; possessing liquor; 12 months or $100.00; youth of applicant; recommended by Chief Sturdivant,Warden aud others; commuted October 17, 1934.
HARRELL WALTER BURDETT: Newnan,Georgia,City Court; Spring term 1934; vio~ating prohibition law; $100.00 fine and 12 months suspended; recommended by trial Judge and Solicitor General; commuted October 19, 1934.
J.E. SANDERS: Bainbridge,Georgia,City Court; December term 1933; violating prohibition law; 12 months; recommended by trial Judge,Sheriff,Solicitor and clerk of Court; Commuted October 19, 1934.
CHARLIE WI~LEY: Floyd County Superior Court; July term 1934; stabbing; 5 months or $35.00; family in destitute circumstances; recommended by Warden and clerk of Floyd County; commuted October 19, 1934.
ODEL EDWARDS: Elberton,Georgia,City Court; April

158

JouRNAL OF THE SENATE,

term 1934; larceny; 12 months; recommended by Commissioner Elbert County and a number of other responsible citizens; commuted October 22, 1934.

WILLIAM MCCLUSKEY: Ben Hill County Superior Court; February term 1934; misdemeanor; 12 months; recommended by trial Judge; Warden and others; commuted October 24,1934.

FLOYD OtSHIELDS: Fulton County Superior Court; March term 1934; forgery; 12 months; recommended by prosecutor and trial Judge; commuted October 25,
1934.

LESTER T. LANE: Fulton County Superior Court; April term 1934; cheating and swindling; 12 months; and 12 months; Recommended by trial Judge,deputy Sheriff and chief Jailer; commuted October 25,1934.

JOHNNI~ WILBURN: Carrollton City Court; March term 1934; defacing public buildings; 12 months; youth of applicant; recommended by trial Judge and prosecutor; commuted october 25, 1934.

HALSEY BURK: Griffin,Georg1a.,Qi ty Court; March

term 1934; possessing liquor; 12 months or $225.00;

recommended by Solicitor General; County Commissio~

ers,Solicitor City Court and others; commuted Oct-

ober 25, 1934.



MAGGIE WATSON: Swainsboro,Georgia,City Court, May term 1934; drunk on highway; 12 months; recommended by Judge; Solicitor and prosecutor; commuted November 6, 1934.

ARTHUR KIMBLE: Fulton County Superior Court; April term 1934; fornication; 12 months; good record; recommended by trial Judge; commuted November 6, 1934.

H.R.(ROCKEY)SMITH: Atlanta,Georgia,Criminal Court,April term 1934; possessing liquor; $250.00 and 12 montfis suspended; fine has been paid and more than six months of said suspended sentence has

MoNDAY, JANUARY 21, 1935.

159

been served; commuted November 10, 1934. WILBURN EVANS: Peach County Superior Court;April
term 1934; violating prohibition law; 12 months; recommended by Solicitor-General,County Officials, Warden and others; commuted November 10,1934.
OLIN FOWLER: Greenville,Georgia,City Court; May term 1933; carrying concealed weapon; escape; 12 months and 12 months; destitute condition of family; recommended by officials and a number of other responsible citizens; commuted November 14, 1934.
RALPH BENNETT: Elberton,Georg1a,City Court;April term 1934; larceny; 12 months; recommended by prosecutor,no opposition in file; commuted November 14, 1934.
GROVER BRIDGES: Polk County City Court; July term 1934; possessing liquor; 12 months; recommended by the trial Judge,Solicitor,Mayor and others; commuted November 14, 1934.
L.C.(CAHL) S'IAFFINS; Douglas County Superior Court; March term 1934; burglary; 12 months; recommended by trial Judge; prosecutor; and others; commuted November 14, 1934.
J .o. RANDALL: Fulton County Superior Court; May
term 1934; possessing burglary tools; 12 months; recommended b.Y trial Judge and Warden; commuted November 14, 1934.
GLENN WILLIAMSON: Atlanta,Georgia,Criminal Court; June term 1934; violating prohibition law; 12 months; recommended by the Solicitor of the Criminal Court; commuted December 12, 1934. Not recommended by Prison Commission.
BILL EVANS AND CLINTON KEMP: Douglas County Superior Court; March term 1934; gaming; 12 months; recommended by trial Judge and Warden; commuted December 12, 1934.

160

jOURNAL OF THE ~ENATE,

-. . -. ~ .';.- ~ -~

GEORGE WALLER: Ware County; Superior Court; May term 1934; misdemeanor; 9 months; recommended by complaining witness,by officials under whom he served and trial Judge; commuted December 12, 1934.
J.H. GENTRY: Fulton County Superior Court; March term 1934; larceny after trust; 1 to 5 years; recommended by warden and a number of responsible citizens; family in dire need of his support; commuted December 12, 1934.
EMMEr SANDERS: Fulton County Super1 or Court; March term 1933; larceny of auto; 3 to 5 and 1 year; served nearly two years with good prison record; commuted December 12, 1934; Not recommended by Prison Commission.
BALIS. SEWELL: Paulding County Superior Court;..August term 1934; manufacturing liquor; 12 months; recommendec by trial Judge,Ordinary and family in need of his support; commuted December 12, 1934.
O.J. SAMPLES: Newnan,Georgia,City Court; J~ term 1934; simple larceny; 11 months; youth,served with good record for more than six months; commuted December 12, 1934.
W.T. SHIERLING: Fulton County Superior Court; April term 1934 assault to murder; 1 to 2 years; recommended by the prosecutor and a number of responsible citizens; commuted December 12, 1934.
ROY CLINE: Polk County City Court; June term 1934; a~sault and battery; 12 months; recommended by trial Judge,Warden and others; commuted December 12, 1934.
LEF. SHIPMAN: Dawson County Superior Court; August term 1934; adultery and fornication; 12 months; recommended by trial Judge,Ordinary,Clerk of Court, Sheriff and deputy Sheriff and trial Jurors; cammuted December 12, 1934.
H.W. DAY: Whitfield County Superior Cqurt;ApriJ

MoNDAY, ]ANUARY 21, 1935.

161

term 1934; assault to murder; 2 to 5 years; recommended by Solicitor-General,Clerk of Court Sheriff, Ordinary,County Commissioner,Warden and others; commuted December 11, 1934.

W.D. MAJOR: Atlanta,Georgia,Criminal Court;

November term 1934j operating lottery; $750.00 and

12 months suspended on payment of fine; first of-

fense unable pay fine granted on payment of

imposed by court; $250.00; commuted

a, proba~ion
December

1934.

NELLIE SIMMONS: Qultman,Georgia,City Court; March term 1934:m1sdemeanor;l2 montns;recommended by Ordinary; warden and Sheriff; comauted December 7, 1934.

JAMES H. NEWSOME: Fulton County Superior Court; March term 1934;fictitious checks; 12 months; recommended by trial Judge and County Physician states he is in terrible physical condition; commuted December 7, 1934.

GEORGE AND TED KEMP: Walker County Superior Court; May term 1934; manuf~~turing liquor; 1 to 3 years; recommended by Solicitor General and county officials on payment of fines; commuted December 7' 1934.

ERSKIN STRICKLAND: Walker county Superior Court; February term 1934; manufacturing liquor; $250.00 or three months; recommended by Sheriff, Clerk of Court,Ordinary and other county officials on payment of a reasonable fine; commuted December 7, 1934.

TOM BRAY: Eastman,Georgia,City Court; Augus~ rteecrommm19e3nd4e;dvbioylSaotilnigcitpor~o,hSihbeirtiiofnf,lCaowmm; i8ssmioonnetrhsR oads and Revenues and others; commuted December 3, 1934.

HAROLD DORSEY: Dodge County Superivr Court; May term 1934; burglary and larceny; 12 months and 6 months; recommended by Judge,Sol1c1tor,Sheriff,

162

JouRNAL OF THE SENATE,

Prosecutors,Warden; Commuted December 3, 1934.

BULLY MCLEA:D,GEORGE PROCTOR AND GRADY COOK: Carrollton,Georgia,City Court; Misdemeanor(simple larceny); 6 months; recommended by deputy Sheriff, member of the General Assembly of Georgia,and others; probation granted upon payment of tines; com~ muted November 30, 1934.

HARRY PERKINS: Douglas County Superior Court, March Adjourned term; driving car while drunk; 9 months; served with good record since July 2; recommended by County Commissioners,Warden and guards and Trial Judge; commuted November 28, 1934.

CANON PARK: Newton County Superior Court; March

term 1933; violating prohibition law; 12 mon~hs

and 12 months; recommended by Wardens,trial Judge

and Solicitor General does not oppose; served with

good prison record since March 24, 1933,thereby

having completed first sentence and has served

several months on second sentence; commuted Novem-

ber 28, 1934.



ARTHUR MILLER: Atlanta,Georgia,Crim1nal Court; September term 1933; carrying pistol; 12 months; recommended by Solicitor; granted on payment of fine of $75.00 to include costs; Commuted November 28, 1934.

ARTHUR MILLER: Atlanta,Georgia,Criminal Court; September term 1933; lottery $500.00 or 12 months suspended sentence; statements from reputable people ot Atlanta show he has excellent reputation and has been law abiding citizen; it is felt that Payment of $150.00 and 12 months probation is sufficient punishment tor this crimej Commuted November 28, 1934. Not recommended oy Prison Cammission.

GUY AND LEE HARRIS: Butord,Georgia,City Court; July term 1934 misdemeanors(public drunkenness disturbing divine services,assault and battery); $50.00 or 12 months,$15.00 or 3 months; $25.00 or

MoNDAY, JANUARY 21, 1935.

163

6 months; good record! recommended by prosecutor County Commissioners ~ounty Officials,Warden and guards and a large number of citizens of Buford; commuted November 28, 1934.
JIM JONES: Waycross,Georgia,City Court; March term 1934,possess1ng liquor; 6 months and 6 months; good prison record; recommended by trial Judge and officials under whom he has served; commuted November 28, 1934.
STAN MURPHY: Union County Superior Court; April term 1934; misdemeanor; 12 months; good record,dependent family; recommended by trial Judge;commuted November 26, 1934.
WILLIE WALKER: Richmond County Superior Court; May term 1934; Assault and battery; 12 months;good record; recommended by the Solicitor General; commuted November 26, 1934.
J .E.ROWSEY: Hart County Superior Court; August term 1933; abandonment and having whiskey; 12 months and 12 months;good record tor first sentence and practically three months on second sentence; recommended by the Solicitor General,Warden,Chairman County Commissioners and others; commuted November 23, 1934.
J .A. WAGES: Decatur,Georgia,City Court; May term 1934; assault and battery; 12 months; good prison record; recommended by Warden,trial Judge and Solicitor state they have no objection to what prison Commission and Governor may do in matter; Commuted December 12, 1934.
OTIS WADE: Soperton,Georgia,City Court; April tenn 1934; Drunkenness; 12 months; good prison record; recommended by Judge,Solic1tor,Superior and City Court officials,Warden; commuted December 17, 1934.
WALTER JOHNSON: FUlton County Superior Court; March term 1934; carrying pistol without license;

164

JouRNAL OF THE SENATE,

12 months; good recordi recommended by trial Judge; commuted uecember 17, 934.
ANNIE FIELD: Atlanta;s-eorgia,Criminal Court;July term 1934; possessing liquor; 6 months; good record for most of sentence and recorrmrend:ed by trial Judge; commuted December 18, 1934.
BOB S!'IITH: Fannin County Superior Court; burglary(larceny of auto) to 4 yrs. December Adjourned term 1933; youth of applicant; good record; r-ecommended by the prosecutor,trial Judge,Sol1c1tor General and a number of other resronsible citizens; commuted December 18, 1934.
BOB LANI&q: Goroon County Superior Court; October term 1934; misdemeanor{possessing liquor); 6 months and $75.00 or 12 months; good record;recammended by trial Judge,Sheriff,Ordinary and others; probated on payment of fine of $75.00 and costs; commuted December 20, 1934.
DONALD F. SHEPPARD: Blackshear,Georgia,Clty Court; August term 1934; simple larceny; 12 months; good record; recanmended by County Commissioner, Clerk of Court; Ordinary,Justice of the Peace,trial Judge and others; commuted December__ 20, 1934.
R.L.-.PLYANT: Fulton County Superior Court; December term 193l;burglary; 12 months or $300.00; good record; clemency recommended by trial Judge and Asstt Chief Probation Officer account dire needs of his family; Commuted November 28, 1934.
LAWRENCE JACKSON: Floyd County Superior Court; October term 1933; driving wh,~ drunk; $200.00 and 3 months or 12 months and 6 months ~n jail; recommended by Sheri!f,deputy Sherif!,Warden,member of trial jury and others; commuted December 20, 1934.
JOHN HENRY BROWN: Floyd County SUperior Court; October term 1933; felony; misdemeanor; 1 to 2 years and 8 months; good pr1sbn record for the

MoNDAY, jANUARY 21, 1935.

165

minimum o:f the :first sentence and more t:hari tw"o
months on second sentence; recommended by Solicitor General and others; commuted December 20, 1934.
EUGENE SWAILS AND LONNIE WALKER;Tel:fair County
Superior Court; June term 1934; larceny; 9 months; recommended by Solicitor General,Warden,and large n1unber o:f citizens; although trial Judge does not recommend clemency,he makes no objection; commuted December 21, 1934.
LEWIS WATERS: Gwinnett County Superior Court; September term 1934; manufacturing liquor; 1 year; destitute condition or large family; recommended by county officials Warden trial.Judge and Solicitor General; do not oppose; co1nlnuted December 21, 1934.
CLIFFORD GOBER: Atlanta,Georgia,Cr1minal Court; June term 1934 violating prohibition law; 12 months and 12 months; good record,dependent condition o:f family; recommended by Judge,Solicitor and Probation Officer; cammuted December 21, 1934.
~~
GEORGE BE'l'ENCOURT: Atlanta,Georgia,Cr1minal Court,M~rch term 1934;.possessing liquor; $750.00 and 12 months; good record and recommended by Judge and Solicitor; commuted December 21, 1934.
G.W. SINIARD: Colquit Coilftty-,C.tty -Court; November term 1933; abandonment; 12 months in 5 cases; Needy condition o:f family ,must support wife and . _ ;<::> ch1ldren,otherwise probation will be revoked;good record for more than a year; recomm.ended_by Sheriff, Ordinary and deputy Clerk, Solicitor o:f City Court has no objections; commuted December 22, 1934.
LEVI MORRIS: Dubl.1n;Georg1.~,City CoUrt; March tennl934,sel11ng whiskey;,. 12montns; good record; recommended by Sol1c1tor,golicitor-General,trial Jurors and others; commuted December 22, 1934.
H.H. HP~DEN,al1as W. JACKSON: Bibb and Baldwin Counties Superior Court; January Adjourned term 1930; forgery; 12 months; 12 months; 3 years; 12

166

JoURNAL OF THE SENATE,

months and 12 months; completed two of the misdemeanor sentences and the felony sentence with good prison record; no opposition appears in the file; commuted December 28, 1934.
T.H. BENNETT: Blackshear,Georgia,August Term 1933; City Court; cheatir~ and swindling; $400.00 or 9 months; recommended by trial Judge and is not opposed by the Solicitor; commuted January 4, 1935.
EMMETT CLARK: Douglas County Superior Court; March term 1934; Operating auto while intoxicated; 12 months or $50.00 and costs; good prison record for about nine months; recommended by trial Judge, County Commissioner, Warden and guards; commuted January 4, 1935.
JOE ODUM: Coffee County Superior Court; October 1922,0ctober Adjourned term 1933; burglary felony; 3 to 7 years and 4 years; family in very needy circumstances; recommended by county Officials,County Commissioners; prosecutors,warden,trial Judge and large number of responsible citizens; commuted January 9, 1935.
JOE HARPER: Macon,Georgia,City Court,July term 1934; simple larceny; 12 months or $60~00; youth of applicant,recommended by Solicitor City Court; Warden and Probation Officer; commuted January 9, 1935.
LEE MOiiROE: Bainbridge Georgia,City Court; June term 1933; bad checks; 6 months; 6 months; 6 months and 6 months; good prison record for more than two ot the sentenced; recommended by Warden; family dependent upon him for support; commuted January 9, 1935.
J.c. CARITHERS: Newnan,Georgia City Court,March term 1934; simple larceny; pistoi without license; 12 months and 12 months; good prison record,youth of applicant; recommended by Judge, Solic1tor,Warden County officials and others; commuted January 9, 1935.

MoNDAY, jANUARY 21, 1935.

167

ROBERT TIMBS: Newnan,Georgia,City Court; January and March term 1934; 12 months & 12 mohths malicious mischief,simple larceny; good prison record, youth of applicant; recommended by Warden,and affidavit appears in file from Bob Thomas who states that he is responsible for last offense; commuted January 9, 1935.
LEROY CRAWFORD: Decatur,Georgia,May term 1934, City..Court; violating prohibition law; 12 months suspe_nded sentences; good prison record; recommended by Warden, Judge, Solicitor and large number of citizens of DeKalb County; corrrrnuted January 9,1935.
DUREN FARMER: DeKalb County Superior Court;June terni-1934; kidnaping; 12 months; good record,recom-
mended OY Solicitor General, Judge,Warden,County
Co:mli11ssioner and others; Commuted January 11, 1935. E.W. CARROLL: Fulton County Superior Court;July
term 1934; larceny from auto; 12 months; good record;recommended by Solic1tor-General,Warden and . is not opposed by the trial ,Judge; cormnuted January . 11, 1935.
WEB PARKERSON: Eastman,Georgia, City Court; May term 1934; violating the Prohibition law; 6 months; recommended by Judge and Sheriff; commuted SeDtember 17, 1934; Not recommended by the Prison commlssion.
PAROLES ALL PAROLES RECOMMENDED BY PRISON COMMISSION
EXCEPT WHERE STATED. JERRY BASS: Emanuel County Superior Court; January 1930 term; Murder; Life Imprisonment; recommended by trial Judge,Sollcitor General;county otf1c1a1s and jurors: commuted January 31, 1933. J .G. BELK: Spalding County Superior Court; June term 1931; Misdemeanor; six months; 3 to 5 years; recommended by the trial Judge,jurors,county Offi-

168

JouRNAL oF THE SENATE,

cials,county police and Warden of Spalding County;
commuted February 11, 1933.

JOE BRADFORD: Fulton County Superior Court; August 1925 term; Murder; Life; recommended by county officials,county commissioners,citizens of Elbert County,Warden,guards and physician of Madison County where applicant has served this sentence; commuted January 26, 1933.

CHARLES BRYAN: Chatham County Superior Court;

May term,l928; Forgery; 5 years and 5 years;Parole

is granted in this case due to the following rea-

sons; Good prison record since June 7, 1928; re-

commendation of Warden, trial Judge and several

citizens 1933.

or

Chatham County;

commuted

Jru1uary

91

IVORY COLBERT: Early County Superior Court; October term,l931; Burglary; 1 to 2 years; The applicant,Ivory Colbert,having served some time in jail is entitled to parole; commuted January 14,1933.

ERNEST ROBERSON: Wayne Cc,mty Superior Court; November term,l931; Simple Larceny; 2 years2 years Wld one day; Parole is granted in this instance due to youth of the prisoner; good prison record, and recommendation of clemency by the Solicitor-General and the Warden under whom he served; commuted January 6, 1933.

HOLLIS H. HORTON: Burke County Superior Court; November 1928 term; Murder; Life; Parole is granted for the following reasons: Good prison record; Solicitor-General of the Ogeechee Judicial Circuit; county ofticials,Representative of Jenkins County; the Warden under whom he served and others who have known him during his service,recommend1ng. Commuted February 9, 1933.

JA11ES KING: Chatham County Superior Court; April term 1925; Burglary; 10 to 20 years; Parole is granted on account of good prison record. Also, recommendation or Sheriff or Chatham County,Wardens

MoNDAY, jANUARY 21, 1935.

169

under whom the prisoner served,Solicitor-General and others. Connnuted February 3, 1933.
JOE RAY: Fulton Coilllty Superior Court; January term 1932; Burglary; Two years; This parole 1s granted on account of good prison record. Recommended by Solic1tor-General,warden illlder whom he has served, Capt. of Police of Southern Railway and Judge E.D. Thomas; Commuted February 3, 1933.
ABE SINGLETON: Mitchell County Superior Court; April term 1920, Murder; Life; Parole is granted on account of good prison record. Recommended by trial Judge,Hon. R.C. Bell, County officials of Mitchell County and the warden under whom he served. Commuted January 26, 1933.
EUGENE FRANKLIN: Marion County Superior Court; April term 1930, Vel-Manslaughter; 15 to 20,years; Parole granted for good prison record. Recommended by trial Judge,Hon. c.F. McLaughlin and the Commfs,;,;. stoners of Marion County; commuted January 26,1933.
NELSON THOMPSON: Fulton County Superior Court; March term 1927; assault to murder; eight to 10 years;Parole granted on account of good prison record of five and one-half years.Recommended by trial Judge. Hon. John D. Humphries,and Solicitor-General Hon. John A. Boykin. Commuted January 26, 1933.
HAROLD WILLIAMS: Fulton County Superior Court; January term 1932; Robbery; 2 to 3 years; Good prison record. Recommended by trial Judge,Hon. Virlyn B. Moore; Commuted January 27, 1933.
c.v. OLIVER: Fulton Coilllty Superior Court; Nove~ ber term 1930; Possessing burglars tools; 3 years; Recommended by the Solicitor-General in order that he may be admitted to.Government Hospital for treatm~nt; by the Warden under whom he served. World War Veteran. Commuted February 9, 1933.
REEDY STRICKLAND: Evans County Superior Court; April term 1931; Assault to Murder; 2 to 3 years;

170

JouRNAL oF THE SENATE,

Recommended by the trial jurors, trial Judge,Solicitor-General and the County Officials; I concur in the recommendation of the Prison Commission. Commuted February 11, 1933.
ED PHILLIPS: Glascock County Superior Court; February term 1928; Vol-~mnslaughter; 10 to 12 yea.rs; Good record since 1928; Clemency recommended by the trial jurors,county officials and warden and guards under whom he served; His family is in destitute circumstances; Commuted February 14, 1933.
WILL ROBINSON: Fulton County Superior Court; May term 1925; Murder; Life; This defendant has served approximately eight years with good prison record, sworn statement of official court reporter says trial Judge, now dead, made statement that he had serious doubts of defendant's guilt; Commuted February 14, 1933.
CARL LANCASTER: Fulton County Superior Court; January term 1928; Rape; 10 to 20 years; From all the facts as contained in the file,including the brief of evidence in the case,and good prison record of this defendant,I concur in parole; commuted February 15, 1933.
ROBERT PUTNAM: Fulton County Superior Court; July term 1929; Misdemeanor & Robbery; 11 months and 4 to 6 years; Records show prisoner entered service October 23, 1929,and completed his misdemeanor-sentence August 9, 1930,served with good record since that time. Clemency is recommended by the trial Judge; Commuted February 15, 1933.
ALBERT NIX: Muscogee County Superior Court;June term 1918; Murder; Life; Facts in this case are that the prisoner was only seventeen years of age at the time of conviction. He has served more than 14 years with excellent record,according to statements by wardens under wnom he has served. Clemency recommended for him by a large number of citizens and county officials. Commuted February 16, 1933.

MoNDAY, JANUARY 21, 1935.

171

OVERTON STARKEY: Floyd County Superior Court; July term 1929; Burglary; 5 to 10 years; recommended by the Solicitor-General and others; served since August 1, 1929 with good prison record. Commuted February 16, 1933.
BOWDON RAGSDALE: Pike County Superior Court; February term 1930; Embezzlement; 7 years; Good record since March 8, 1930; Clemency is recommended by number of citizens and has offer of a job upon release. Family destitute; Commuted February 17, 1933.
CLARENCE WRIGHT: , Jenkins County Superior Court; November term 193l;Assault to Murder; two years; Good prison record; recommended by Solicitor-General, Judge of City Court of Millen, County Commissioners and County Officials and Solicitor City Court of Millen; Comuted January 19, 1933.
W.T. SMITH: Coweta County Superior Court; September term 1928; Vel-Manslaughter; ten to fifteen years; Good record of long service and clemency recommended by trial Judge and Solicitor-General, citizens and Foreman of Jury; Commuted January 19, 1933.
T.F. MADDEN: Walker County Superior Court; August term 1925; Murder; Parole; Good prison record since 1925. Clemency is recommended by a large number of citizens familiar with the circumstances of the crime,by county officials,Hon. Jas.F. Kelly, who was Solicitor-General at that time. Mr. Kelly says he is now doubtful if Dr. Madden is guilty. Evidence against Dr. Madden was given by a woman of bad character and she was perhaps guilty of perjury. Dr. Maddenrs wife in bad health and bad financial condition. Commuted February 23, 1933 .
HOLLIE ODUM: Wayne County Superior Court; November term 1931; Simple larceny; 2 years; Good prison record since December 3, 1931. Clemency is recommended by all of the trial jurors,warden and others. Wife and children destitute; Commuted Feb. 23, 193~

172

JouRNAL OF THE SENATE,

ALVIN WATSON: Madison County Superior Court; September term 1929; Assault to murder; 5 to 7 years; Good record with exception of one escapebeing recaptured next day. Clemency recommended by the trial jurors,large number or citizens or Madison County, Solicitor-General does not object. 18 years or age at time or conviction. Commuted February 21 1 1933.
ANDREW MILLER: Jones County Superior Court; October term 1923; Murder; Life; Good record(prison since November 1, 1924). Clemency recomnended by the trial Judge,county officials,county commission.;.. ers,trial jurors, warden under whom he served, and others; Commuted April 6, 1933.
GURLEY ZACHARY: Coweta County Superior Court; November term 1931; Simple Larceny; 2 to 5 years; good prison record since November 18, 1931. Clemency recommended by the trial Judge, SolicitorGeneral,County officials and warden under whom he , served; Commuted April 6, 1933.
CLYDE PHILLIPS and ROY PHILLIPS: Hart County Superior Court; Fall ter:n 1931; l"'fg. liquor; 2 to 3 years; served with good record since October 23, 1931. Clemency recommended for them by wardens and most or the trial jurors,number or citizens or Hart County. Commuted April 6, 1933.
W.H. DUBOSE: Fulton County Superior Court; March term 1932; Larceny-Auto; 2 to 5 years; served with good record since March 21, 1932. Clemency recommended by Solicitor-General and officials under whom he has served; commuted April 6, 1933.
B.B. BLACKSTOCK: Fulton County Superior Court; January term 1931; Burglary; 1 year and 3 to 5 years; served one year sentence and served since January 9, 1932,on the other. Clemency recommended by Judge Virlyn B. Moore, the trial Judge; Commuted April 6, 1933.
ROSA BUTLER: Chatham County Superior Court; Oc-

MoNDAY, jANUARY 21, 1935.

173

tober since

tDeercmem1b9e2r33 ,M1u9r2d3e.r;

Life; Good prison record Clemency recommended by

several citizens,Solicitor-General Who tried the

case. Commuted April 4, 1933.

ARTHUR ALEXANDER: Spalding County Superior Court; January. term 1926; Murder; Life; good prison record since September 26, 1927. Now confined at the tubercular hospital,State Prison Farm. Clemency recommended by physicians in charge and by county commissioners,and County Officials of Fayette County in order that he rrdght be sent to Government Hospital,being a World War veteran. Commuted March 30, 1933.

E.L. (BUDDIE) WORTHAN: Paulding County Superior Court; Spring term 1931; Vel-Manslaughter; 3 to 5 years; Clemency recommended by the trial jury,trial Judge, a number of officials and citizens of Pauld~ ing County,and present Judge,Hon. J.R. Hutcheson; Commuted March 30, 1933.

FRANK SEWELL: Carroll County Superior Court;october term 1931; Burglary; 2 years; Clemency recommended by the prosecutors; county commissioners and warden state he has made model prisoner,trial Judge states that he has no objection to clemency; Commuted March 30, 1933.

A.Z. MALONE: Spalding County Superior Court;May term 1931; Robbery; 10 years; Good prison record since May 11, 1931, young negro boy 17 years of age at time of conviction. Clemency rec~ended by the trial Judge, Solicltor-General,Clerk SUperior Court, Sheriff and Foreman of the Jury. Conunuted March. 30, 1933.

MAURICE ROOKS: Miller County Superior Court;AprU term 1930; Vel-Manslaughter; 10 to 20 years; Good prison record since June 23, 1931. Young white man, only 19 years of age at the time of conviction. Clemency recommended by the trial Judge,trial jurors, county officials,grand jurors,and large number ot citizens. Commuted March.30, 1933.

174

JouRNAL OF THE SENATE,

DUDLEY WILLIAMS: Lee County Superior Court; May term 1930; Val-Manslaughter; 5 to 10 years; Clemency recommended by the Solicitor-General,prosecutor, trial jurors,county officials and others. Commuted March 30, 1933.
WILLIE STEPHENS, alias EARL DEAN: Walker County Superior Court; February term 1932; Forgery and uttering forged check; 3 to 4 years in 2 concurrent cases; Good prison record since February 22, 1932. Wife and children needs his support. Clemency urged for him by the party whose name was forged,Cle~ ency recommended by number of citizens of Walker County and Alabama and Solicitor-General,Hon~~ Neil Andrews. Commuted March 30, 1933.
JIM BENTON: Newton Cmmty Superior Court; January term 1920; Murder; Life; Good prison record for 13 years,and clemency is recommended by the trial Judge,Hon. John B. Hutcheson; Commuted March 30, 1933.
DONEL L. WYLIE: Fulton County Superior Court; November term 1931; Larceny Auto; 2 years(3 concurrent cases); Good prison record since November 18, 193l,Clemency recommended by Solicitor-General and trial Judge and others; Commuted March 30,1933.
J .G. GARVIN: Fulton County SUperior Court May term 1931; Val-Manslaughter; 2 to 5 years; clemency recommenced by all the trial jurors,the SolicitorGeneral and Assistant Solic1tor-General,not opposed by Judge G.H. Howard, who says defendant was sentenced by the jury. Commuted March 30, 1933.
J.E. PETTY: Fulton County Superior Court; Sept-. ember term 1931; Burglary; 2 to 5 years; Clemency recommended by Fulton County Warden and trial Judg~ Hon. John D. Humphries; Commuted March 30, 1933.
ROBERT CARRACTOR,alias ROBERT JACKSON,alias ED JACKSON: Fulton County Superior Court; March term 1927; Robbery; 8 to 15 years; Clemency recommended by the trial Judge; Commuted March 16, 1933.

MoNDAY, JANUARY 21, 1935.

175

ROBERT COLEY: Dooly County Superior Court; August term 1924; Murder; Life; Clemency recommended under whom he has served; county officials,trial jurors and others,poor physical condition; commuted March 16, 1933.
J .B. CANTRELL: Fulton County SUperior Court; January term 1932; Burglary; 2 years; Clemency recommended by the trial Judge,Solicitor and others. Family in needy circumstances; Commuted March 15,
1933.
CHARLIE MIMS: Lincoln County Superior Court; October Adjourned term 1925; Murder; Life Clemency. recommended by jurors,county officials,Representative Lincoln County,Trial Judge,Solicitor-General and a number of citiz~ns; Commuted March 14, 1933.
SON JOHNSON: Bibb County Superior Court; April term 1916; MUrder; Life; Clemency is recommended by the Warden under whom he served. No opposition appears in the record; Commuted March 14, 1933.
EDWARD PARTRIDGE: Lamar County Superior Court; Fall term 1929; Robbery; 6 years Clemency reco~ mended by the Solie!tor-General,Hon. Frank B. Willingham,Judge G. Ogden Persons,County Officials, County Commissioners, warden and County physician of Morgan County and others; Commuted March 13,
1933.
DAVE CROWDER: Jeff Davis County Superior Court; Fall term 1924; Vel-manslaughter; 20 years; Good prison record more than 8 yrs,phys1cal condition bad,Clemency recommended by County Physic1an,Warden, County Officials and citizens and from Tift County; Commuted March 9, 1933.
JAMES WITTKAMP, alias FRED BURNS: Fult.on County Superior Court; January term 1932; Larceny of auto; 3 to 5 years; good prison record. Clemency recommended by Judge and Sol1c1tor-General,prisoner in bad health; Commuted March 9, 1933.

176

JouRNAL OF THE SENATE,

ED BOYD: Upson Co.,Superior Court; November term 1929; Misdemeanor and Val-manslaughter; 12 months and 15 years; Served 12 months misdemeanor; Clemency recommended by the trial Judge,Solicitor-Genera~ jurors,Clerk of Court and other county officials and responsible citizens and warden; Commuted April 19, 1933.

DWELLIE PERKINS: Jenkins Co., Superior Court; March term 1913; Murder; Life; Circumstantial evidence,poor health,confined in tuberculosis hospital at Milledgeville. Clemency recommended by P.I.P. Edenfield,Deputy Sheriff and now Ordinary,J.J. Edenfield Sheriff at time of arrest,Clerk Superior Court, Jurors and others. Trial Judge dead; Commuted April 20, 1933.

JEFF SANDERS: Harris co., Superior Court; July term 1922; Murder; Life; Recommended by wardens & guards where he served more than 10 years; county commissioners,number of citizens and the trial Judge; Commuted April 20, 1933.

ANNIE B. SANDERS: Fulton Co., Superior Court; September term 1931; Robbery; 4 to 10 years; Clemency recommended by Hon. John A. Boykin, SolicitorGeneral; Judge John D. Humphries and the Warden; Commuted April 20, 1933.

WALTER MCMANUS, alias W.F. HUDSON, alias J .T.

CARROLL: Fulton and Coweta Counties,respectfully;

Superior Court; Spring term 1925; Larceny of Auto,

simple larceny; 1 to 5; 1 to 5 and 5 years; Clemency

recommended by Solicitor-General on assurance he

will be employed,contract of employment on file;

Commuted April 14, 1933.



W.H. alias BOSS MARTIN: Muscogee County Superior

Court; February term 1932; Burglary; 2 to 5 years;

Clemency recommended by the trial Judge, Warden

and guards and a number of others; Commuted April

13, 1933.

.

SAM BUCHANNAN: Floyd County Superior Court; Jan-

MoNDAY, JANUARY 21, 1935.

177

u~ry term 1922; 1'1Urder; Life; Clemency reconnnended

by the Solicitor-General; trial Jurors,County Offi-

cials and others; For these reasons I concur; Cam-

muted April 20, 1933.

,

FERNANDO BROXTON: Ware County Superior Court; September Special term 1919; Murder; Life; Clemency recommended for him by trial jurors,County Officials the trial Judge and a large number of citizens of Ware County; Commuted April 20, 1933.

J.AI1ES CARI1ACK: Muscogee County Superior Court; February term 1932;Burglary; 2 to 5 years; Clemency recommended by trial Judge, Hon. c.F.McLaughlin, warden and guards under whom he has served and others; Commuted April 13, 1933.

RALPH BAKER: Walker County Superior Court; April term 1923; Murder; Life; Boy of fourteen at time of conviction, convicted with his brother who was electrocuted and who was the leader in the crime. Clemency is recommended for him by trial jurors. Ordinary,officials under whom he served,trial Judge and number Of reputable citizens. Health bad and not able to work. Corrmruted April 13, 1933.

JAMES LUKE: Fulton County Superior Court; March term 1927; BurgLary; 5 to 10 and 5 to 10 years; Good prison record since May 5, 1927; Commuted April 27, 1933.

J .M. LAND: Muscogee County Superior Court; August term 1931; Vol-Manslaughter; 3 to 4 years;Poor physical condition ,clemency is recommended by a large number of citizens of Muscogee County where the crime was committed; Commuted April 28, 1933.

J .E.ALLEN: Fulton County Superior Court; Robbery; 4 years; Clemency is recommended by Solicitor-Gene~ al John A. Boyk1n,tr1al Jurors and others; Commuted April 29, 1933.

GEORGE CLARK, alias F.E. ETHERIDGE: Fulton County Superior Court; January term 1932; Robbery; 3 to

178

JouRNAL OF THE SENATE,

4 years; Clemency is recommended by the trial Judge and Solicitor-General,ofticials under whom he has served and others; Commuted May 1, 1933.

W.M. SMITH: Heard County SUperior Court; September term 1928; Murder; Lite; Fram the record in this case it appears that this was a case of manslaughter,if not justifiable homicide. The affidavit of Mr. A.J. Paschal,which was not in evidence at the trial would,in my opinion,had it been submitted to the trial jury made a case of manslaughter or justifiable homicide; Commuted May 1, 1933.

ANDY HIGGINS: Milton county superior court; August term 1926Murder; Life; Clemency is recommended by the triai Judge,Solicitor-General,Warden under whom he bas served,prosecutor and a large number of citizens; commuted May 2,. 1933.

PHILLIP E. FOX: Fulton County Superior Com-t; November term 1923; Mu~der; Lite; Record unexcelled by any prisoner who ever served in the penal system of the State. Work intelligently performed, valuable to the State,co-operated with authorities and very valuable in influence upon other prison. ers at the State Farm. Recommendations too numerous to quote (in file) high character prior to conviction; Commuted May 2, 1933.

CLIFF ARNOLD: Fulton County Superior Court;SePtember term 1931; Car breaking; 2 to 4 years; Clemency is recommended tor him by the trial Judge and Solicitor-General; Commuted May 3, 1933.

LUCIUS RAWLS,a11as MORTON RAWLS: Wilcox County Superior Court; July term 1928; Murder; Lite; Clemency is recommended tor him by trial jurors, county commissioners and the Solicitor-General; Commuted May 3, 1933.

FLOYD LUMPKIN: Thomas County Superior Cotn"t;

November term 1929; ency recommended by

Simple county

Lotatrciecniy~s,5thyeears~o:lCilceimto r-

General and the warden; Commuted May 3, 1933.

MoNDAY, jANUARY 21, 1935.

179

ROBERT KEITH: Fulton County Superior Court; January term 1924; Murder; Life; Clemency is recommended for him by the Deputy Warden under Whom he has served and by the Chairman of the Board of County Commissioners of Fulton County,both state his record has been excellent; Commuted May 5, 1933.
PAUL CULPEPER: Habersham County Superior Court; March term 1932; Burglary; 2 to 5 years; One excape,returned the same day. Clemency is recommended by the trial Judge,Solicitor-General,Prosecutor and others. Commuted f"T..ay 5, 1933.
CHARLIE ROBERSON: Emanuel County Superior Court; Spring terml925; Assault to Murder; 9 to 10 years; Good prison record since May 1, 1925,with the exception of one escape and was returned two days later; Commuted May 13, 1933,
ROBERT CARTER: Fulton County Superior Court;November term 1924; Manslaughter; 15 years; Entered service December 23, 1924,served more than eight years with good prison record; Cqmmuted May 15, 1933.
DENNIS SEAY: Upson County Superior Court; February term 1924; Murder; Life; Clemency is recommended by the mother and father of the woman kille~ by the trial Judge,Warden under Whom applicant has served and trial jurors; Commuted rhy 16, 1933.
GEORGE S.~ORD: Troup County Superior Court; November term 1931; Burglary; 5 years; Clemency is recommended by the trial Judge and Solicitor-General. Commuted May 16, 1933.
EDDIE BROWN: Monroe County Superior Court;August term 1927; Murder; Life; Clemency is recommended by trial jurors,county officials,grand jurors and a number of responsible citizens; Commuted May 16, 1933.
LESTER B. LITTLE: Morgan County Superior Court; October term 1927; ~der; Lite; Clemency is recom-

180

JouRNAL oF THE SENATE,

mended tor him by several or the trial jurors,wardens under whom he has served and several hundred citizens or Morgan County where the crime was cammited; Commuted May 20, 1933.

T.L. HARTIN: Fulton County Superior Court; July term 1930; Vol-Manslaughter; 12 to 15 years;Clemency is recommended by a large number or citizens or Butts County,warden and guards under whom he has served and a number or other responsible citizens,and the trial Judge; Commuted May 24, 1933.

J.F. BRYANT: Walker County Superior Court; Ma term 1931; Val-Manslaughter; 5 to 7 years; Clemency is recommended tor htm by the Solicitor-General, County officials and others; Commuted May 24, 1933.

J.D. BAILEY: Hall County Superior Court; May term 1929; MUrder Lite; Clemency is recommended by the trial jurors,Solicitor-General,Judge, warden under whom he is serving,county officials and a large number or citizens; Commuted May 24, 1933.

E.V. MOON: Floyd County Superior Court; January term 1932; Burglary; 2 to 3 years; Recommended by the Solicitor-General,Hon. M. Neil Andrews, officials under whom he has served and citizens and officials or Floyd County; Commuted May 25, 1933.

LUTHER TYRE: Wayne County Superior Court; November term 1931; Simple larceny; 2 to 2i years; Wife and two children in need or his support. Clemency is recommended by the warden under whom he has served, and by a large number or citizens and officials or Wayne County; Conmruted May 25, 1933.

GEORGE WALLER: Campbell County Superior Court;

February term 1926; Murder; Life; Clemency is re-

commended by several of the trial jurors,the Judge

and Solicitor-General and officials under whom he

has served,and is in poor physical condition; Com-

muted May 25, 1933.

.

BUD MATTHEWS: Barrow County Superior Court;April

MoNDAY, JANUARY 21, 1935.

181

term 1931; Burglary; 3 to 4 years; Clemency is recommended by the prosecutor,Clerk of Court,Sheriff of Barrow County; Commuted May 25, 1933.

W.M. Kll1BRELL: Fulton County Superior Court;January term 1932; Car-breaking; 2 years; Clemency is recommended by the trial Judge,Solicitor-General, by the County Commissioner and officials under whom applicant has served and others; Commuted May 25, 1933.
c.P. PEYTON: Fulton County Superior Court;Novem-
ber term 1931; Larceny of auto; Two small children ve~ much in need of his support,good prison record with the exception of one escape. He was recaptured two days later; Commuted May 25, 1933.

MARTHA DAVIS: Ware County Superior Court; Fall term 1929; Vel-Manslaughter; 8 to 20 years; good prison record,recommended by Mr. J.T. Hiers; Commuted June 6, 1933.

JOHN A. ROGERS: Coffee Cmmty Superior Court;

Spring term 1924; Murder; Lite;Health very bad, true

epileptic,recommended by D. Dickerson,Drs.Richard

the prison Binion and

Sou.cp.t.,WJuododgse,

M.

State Farm Physicians state that he is deterioating

very badly and his mind is very bad,splendid war-

record-harmless; Commuted June 6, 1933.

C.G. GENTLE: Fulton County Superior Court;Robbery; January term 1932; 5 years; Clemency is recommended by a number of reputable citizens and Solicitor-General John A. Boykin will make no opposition to this man being paroled or probate;Commuted June 6, 1933.

CURTIS WESLEY, alias JACKSON: Fulton County SuP-

erior Co~t; April 3 to 5 years; Good

tperrimso1n93re0c; oBrdurwgliathry~h2e

to 5, exception

ot one escape and he was recaptured the same day;

Commuted June 71 1933.

L.L. CHADWICK: Fulton County Superior Court;Nov-

182

JouRNAL OF THE SENATE,

ember term 1932; Larceny of auto; 3 to 5 years; Clemency is recommended by both the trial Judge and the Solicitor-General; Commuted June 7, 1933.

L.GUY BOOZER: Fulton County Superior Court;Fall term 1930;Larc~ny of auto;2 to 5;1 to 5;1 to 5 & 1 to 5 years; On recommendation of the trial Judge and the Solicitor-General and satisfactory showing that this man will be furnished employment when released; Commuted June 7, 1933.

DEWITT GILLIARD: Blackley County Superior Court; Spring term 1919, November term 1929, Dodge Superlor Court; Murder,Manslaughter; Life,lO to 15 year~ Clemency ls now recommended by the trial Judge, Solicitor-General and Warden and it appears that clemency should be extended at this time; Commuted June 7, 1933.

JOHN HENRY WILLIAI1S: Early County Super! or Court; October Adj. term 1926; Murder; Life; Clemency is recommended by the trial Judge,Warden under Whom he is servlng,county officials of Early County and County Commiss1oners,trial jurors and others; Commuted June 8, 1933.

WILL SWAIN: Tattnall County Superior Court;October Adj. term 1924; Murder; life; Clemency is recommended by the trial Judge,Hon. J. Saxton Daniel,warden under whom he has served,county officials and a large number of citizens; Commuted June 8, 1933.

J.B. ASHLEY: Richmond County Superior Court;Oc-

tober term 1930; Uttering forged checks; 5 years;

Recommended by Hon. George Hains,Solicitor-General,

and by a large number of citizens,Representative

of L.

Richmond Franklin,

C(Jouudngt,ye~

and no

county officials. Hon. A.
objections;Comrnuted June 9,

1933.

BILL COWARD: Long County Superior Court; September term 1931; Assault to murder; Recommended by the trial Judge and is not opposed by the Sol1c1to~

MoNDAY, JANUARY 21, 1935.

183

General; Commuted June 9, 1933.

IRA LANIER: Candler County Superior Court; August term 1924; MUrder; Life; Clemency is recommended by Judge R.N. Hardeman, the trial Judge. The Solicitor-General Who prosecuted the case is dead; Commuted June 12, 1933.

CHARLIE HARDY: Thomas County Superior Court; Fall term 1929; Burglary; 7 to 12 years; Clemency is recommended for him by those under whom he has served and by the prosecutrix,warden says he is a good negro; Commuted June 12, 1933.

OTIS AND LEE ROGERS: Johnson County Superior Court; March term 1924; Murder; Life; Clemency is recommended by the trial Judge, J.L. Kent, and by the present Solicitor-General J.A. Merritt; Commutted June 12, 1933.

ROSCOE PHILLIPS: Emanuel County Superior Court; Murder; Life; July term 1923; Clemency is reconnnended by the trial Judge,Assistant Solicitor-General, Warden,Sheriff or Emanuel County,and other county officials and trial jurors; Commuted June 10,1933.

GEORGE ROE: Floyd County Superior Court;January term 1932; Burglary; 2 to 3 years; Recommended by the Solicitor-Genera.l,and the warden and guards under whom he has served; Commuted June 20, 1933.

MOLLIE COBEY: Worth County Superior Court; May

term 1929; Val-Manslaughter; 10 years; Recommended

by the Solicitor-General who prosecuted defendant,

by County co.mmissioners,county o!ficials,Judge or

the City Court or Sylvester and others; Commuted

June 20, 1933.



JOHN A BRADLEY: Thomas County Superior Court; April term,l931; Simple larceny; Hog Stealing; 12 months,4 years; Reconnnended by the Sol1citor-General,warden under whom he has served,Judge Roscoe Luke and othe1s; Commuted June 21, 1933.

184

JouRNAL OF THE SENATE,

.

TIMP SI~TKFIELD: Heriwether County Superior Court; August term 1926; Vel-manslaughter; 10 to 20 years; Recommended by Clerk of Court and former Sheriff of Meriwether County,Hon. Wm. Y. Atkinson,the Solicitor-General; Commuted June 21, 1933.

LEONARD STEWART: l'1uscogee County Superior Court; February term 1931; Robbery; 4 to 10 years; Recommended by the trial Judge, Solicitor-General and others; too drunk to participate in the. crime; Commuted June 22, 1933.
J .c. HANKINSON: Fulton County Superior Court;
April term 1929; Felony{fictitious checks); 2 to 5; 2 to 5; and 2 to 5 years; Clemency is recommended by the trial Judge,warden,camp physician~Earties who were injured and others~ Commuted June G3,1933.

JIM SANDERS: Fulton County Superior Court; September term 1931; Robbery; 4 to 10 years; Recommended by the foreman of the jury and the trial Judge and Solicitor-General; Commuted June 24, 1933.

E.O. ABLES, alias nSLICK": Pike County Superior Court; July term 1931; Assisting prisoner escape; 3 to 5 years; recorrrrnended b~r the warden, a number of responsible citizens,both of this State and Florida; Commuted June 29, 1933.

HENRY IVEY: Macon County Superior Court; May

term 1930; Vel-Manslaughter; 7 to 12 years; Recom-

mended by the trial jurors,warden under whom he

llas served and a large number of citizens of Macon

County; Commuted June 29, 1933.



ED SII1NONS: Thoms County Superior Court; April term 1926; Vel-Manslaughter; 10 to 12 years; Clemency 1s recommended by W.E. Thomas,Judge of the Superior Court of Thomas County,C.E. Hay,Ex-Solicitor-General,G.E. Davis, the prosecutor; Commuted July 3, 1933.

THOMAS WARE: Emanuel County Superior Court;July term 1923; MUrder; Life; Served with good prison

MoNDAY, JANUARY 21, 1935.

185

record for nearly 10 years. Clemency is recommend... ed by the trial Judge, County officials of Johnson County and the Solicitor-General(now dead); Commuted July 7, 1933.
JOE ELMORE: Toombs County Superior Court; Fall term 1919; Murder; Life; Recommended by the trial Judge Hon. R.N. Hardeman and county officials of Toombs County; Commuted July 7, 1933.
C.I. MCLENDON: Seminole County Superior Court; June terni 1927; Val-Manslaughter; 10 to 20 years; Clemency is recommended for him by the trial Judge, Trial Jurors,County Officials and a large number of citizens of Seminole County; Commuted July 7, 1933.
HENRY SMITH: Washington County Superior Court; March term 1925; Val-Manslaughter; 19 to 20 years; Recommended by the trial Judge and officials of Johnson Cmmty; Commuted July 7, 1933.
CLAUDE TAYLOR: Bacon County Superior Court; January term 1926; Murder; Life; Too drur.J<: to lalow What happened,many citiz~ns believe homicide was an accident. Widowed sister and 5 children and his 2 orphan children dependent upon him. Employment with Mr. Freeman at Macon. Tuberculosis arrested and is now inactive; Co.mmuted July 10, 1933.
ROBERT JONES: Crawford County Superior Court; October term 1925; Murder; Life;Recommended by_the trial jurors,warden,deputy warden,Chairman of Commissioners of Monroe county where he has served, the Solicitor-General and others; Commuted July 11, 1933.
WELTON TAPLIN: (col) Effingham County Superior Court; October term 1927; Manslaughter; 10 to 15 years; Sole support of his aged mother, and supported his sister's children driving an ice truck. Boys employed him at the tire of the crime. They believe the shot was accidental; Commuted July 11, 1933.

186

JouRNAL oF THE SENATE,

GEORGE MALCOM: Walton County Superior Court; February term 1932; Assault to rape; 2 to 6 years; Recommended by a number of responsible citizens of Walton Co., the trial Judge and Solicitor-General; Commuted July 121 1933.
HENRY SMITH: Miller County Superior Court; March term 1929; Vol-tlanslaughter; 15 to 18 years; Recommended by the Wardens and officials, county .. officials of Miller County including Solicitor City Court, Sheriff,Ord1nary,County Cornmissioners,Judge City Court,former Senator from the 8th district and others; Comm1ted July 131 1933.
EDDIE SINGLETON: Mitchell County Superior Court; Spring term 1922; MUrder; Life; Clemency recommended for him by the Board of Commissioners of Mitchell County and by the County physic1an,bad physical condition; Commuted July 13, 1933.
EARL CARTER ROSE: Chattooga County Superior Court; February term 1931; Burglary; 4 to 6 years; Recommended by the Sol1citor-General,Prosecutor,Cit1zens and county officials; Commuted July 13, 1933.
ED GOLSTON: Fulton County Superior Court; September term 1931; Rape; 2 to 5 yrs; Clemency recommended by Judge John D. Humphries,the trial Judge, Mr. A.A. Clarke, the Warden of Fulton County under whom he served; Commuted July 19, 1933.
D.B. BRIDGES: Screven County Superior Court; December term 1928; Val-manslaughter; 7 to 10 years; Clemency is recommended by the Judge and SolicitorGeneral; Commuted July 24,1933.
LUTHER ROBINSON: Fulton Superior Court; AugUst
otceo.rmmMm.e1nS9d3tead0c;ybV,yOaJrlud-Md1gnaeanrsycl.aWcu.ghhPittieftirte;mld1a0nC,totoru1n1at3yl,WyJueadardgresen;,JuRadnegd-e
other county officials; Commuted July 28, 1933. SCHLEY BULLOCH: Evans County Court (Super! or);
April term 1929; Sodomy; Life; Clemency 1s recom-

MoNDAY, JANUARY 21, 1935.

187

mended for him by the Judge or the Atlantic Circuit; Judge J. Saxton Daniel,Warden and Deputy Warden, Solicitor-General,Hon.J.T. Grice,and trial Judge, Hon. Eschol Graham; Commuted July 28, 1933 .

JOE ALEXANDER: Fulton County SUperior Court; Burglary; 3 to 5 years; February term 1931; Recommended by the trial Judge and warden and Deputy warden; Commuted July 28, 1933.

M.E. ARWOOD: Fulton County Superior Court; !'lay term 1930; Burglary-4 counts concurrently; 5 to 10 years; Recommended by the Warden and not opposed by the trial Judge and Solicitor-General; Commuted July 28, 1933.

DILMUS ECHOLS: DeKalb County Superior Court;April

term 1932; Shooting at another; 2 to 3 years; Clem-

ency Hon.

Crelcaoumdme ecnd. edSmbiytho; fCfiocmimaluste,dSoJluilcyit2o8r-,

General, 1933.

LESTER Superior

MCCOY Court

1;

alias LESTER MASSEY: Fulton County November term 1925; Manslaughter;

12 to 20 years; Recommended by the Warden; Commuted

July 28, 1933.

WIU..IE LEE JACKSON: Randolph County Superior Court; Spring term 1924; Murder; Life; 19 years of age at time of sentence,good prison record; Commuted.July 28, 1933.

JOHN ECHOLS: Fulton County Superior Court; June term 1927; Val-Manslaughter; 20 years; Clemency recommended by all County Commissioners of Coweta County, Warden and guards,county officials and others:. Commuted July 28, 1933 .

.GEORGE WILBON: Marion County Superior Court; August term 1923; Murder; Life; Clemency reconnnended by County Commissioners of Marion County,tr1al Judge and Solicitor-General; Commuted July 28,1933.

HOOD BURNETT: Pike County Superior Court; July term 1924; Murder; Life; Recommended by all living

188

JouRNAL oF THE SENATE,

trial jurors,wardens,large number of citizens, County Officials of Pike County and is not opposed by the trial Judge; Commuted July 28, 1933.
:MANNY HARVEY: Fulton County Superior Court;November term 1924; Murder; Life; Recommended by officials of Hart County and warden,Judge E.D.Thomas, Commuted July 28, 1933.
ED WHITE: Fulton County Superior Court; February term 1924; Murder; Life; Poor health, recommended by the Warden,County Commission,County Physician, and others; Commuted July 28, 1933.
JOE STONE FOWLER: Cobb County Superior Court; March term 1931; Assault to Murder; 2 to 10 and 2 to 10 years; Clemency is recommended by the Solicitor-General,Warden,County Physician and others; Corrmuted July 28, 1933.
WILLIE HARRIS: Fulton County Superior Court; January term 1932; Larceny of auto; 5 years; Foot crushed by falling stone,unable to perform hard labor. Commuted July 28, 1933.
ALBERT HUDSON: Fulton County Superior Court; Spring term 1925; Murder; Life; Recommended by the trial Judge, Solicitor-General and warden; Commuted July 28, 1933.
CHARLIE WALDEN: Meriwether County Superior Court; February term 1919; Murder; Life; Clemency recommended by those under Whom he has served; Commuted July 28, 1933.
BYRON PHILLIPS: Jeff Davis & Glynn Counties Superior Court; March & Dec. terms 1931; Robbery
and possessing explosives; 1 to 5 and 4 to 6 years; Prevented more than one prison break,family needs him. Recommended by the Warden and guards,Sheriff, Ordinary,Clerk of Court and other County officials of Jeff Davis County; Commuted August 2, 1933.
WILLIE NORWOOD: Jones County Superior Court;Fall

MoNDAY, JANUARY 21, 1935.

189

term 1919; Murder; Life; Circumstantial evidence~ good prison record more than 13 years; Commuted August 2, 1933.

JERRY MEYER: Chatham County Superior CourtJune term 1926; Val-Manslaughter; 10 to 20 years; Good prison record; Commuted August 3, 1933.

MANN, alias JOSEPH,HARPER: Hancock County Superior Court; sentenced 20 years; September term 1924; Val-Manslaughter; Clemency recommended by the trial Judge~lurors, warden,county commissioners and others; Commuted August 3, 1933.

GEORGE SHAIN: Tattnall County Superior Court;

Spring term 1922; Murder; Life; Clemency recommend-

Wedabltyerpwre.

sent She

Judge ppard,

of pre

Tattn siding

all,no Judge

t objected by Ho~ and also by a

large number of citizens who know-applicant,county

officials ~nd wardens; Commuted August 4, 19~

FREEMAN BOYD: Hall County Superior Court; Fall term 1922; Murder; Life; Clemency is recommended by the County Physician of Grady County, states that applicant is physically unfit for hard labor,and by the warden and County Commissioners,clemency is neither recmmnended nor opposed by the SolicitorGeneral; Commuted August 9, 1933.

TOM BAGGS: Tattnall County Superior Court.; October term 1930; Simple Larceny; 2 to 3 years; Recommended by the trial Judge and Solicitor-General; Commuted August 9, 1933.

J.T.GAFNEY: Early County Superior Court; April term 1931; Burglary; 5 to 6 years; Clemency is recommended by the Warden,a number of citizens of Early County, and several County officials,including the Clerk of Court, Sher1ff,Ordinary and other~ Commuted August 9, 1933.

MALLIE PLYMELL: Berrien County Superior Court; September term 1926; Murder; Life; Recommended by all of the trial jurors,grand jurors,county offi-

190

JouRNAL oF THE SENATE,

cials,city officials or Nashville,wardens and

guards,and not opposed by the trial Judge, the pre-

sent Judge and the Solicitor-General; Commuted Aug-

ust 91 1933.

-

DAN REINHART: Blackley County Superior Court; July term 1918; Murder; Lite; Clemency recommended by citizens or Blackley County,wardens,county otticials,and the prosecuting Attorney,the trial Judge is dead; Commuted August 91 1933.

R.L. SALTER: Webster County Superior Court;April term 1929; Assault to murder; 5 to 10 years; Reco~ mended by county officials or Dodge County and by county otticials ot Webster County; Commuted August 9, 1933.

LEVI TOLBERT: Carroll County Superior Court; Fall ter.m 1920; Manslaughter; 20 years; Certificate in tile signed by Hon. Joe L. Veal,Commissioner or Roads and Revenues ot Carroll County stating he has good prison record; Commuted August 9, 1933.

CHARLIE FRANKLIN: Chattooga County Superior Court; February ter.m 1931; Burglary; 4 to 6 years; Clemency recommended by the Warden,~rosecutors; county officials and a large number or citizens; Commuted August 14, 1933.

HENRY ROSSER: Meriwether County Superior Court;

August term 1906; Murder; Lite; One escape,clemen-

cy recommended by the prosecuting Solicitor-Gener-

al,Sheritt,Ordinary,Warden,Clerk and Deputy Clerk,

the Judge and Solicitor or the City Court and a

large number or citizens; Not tried before a Jury;

Commuted August 15, 1933.

_

FRANK WORLEY: Fulton County Superior Court; March term 1932;Burglary;3 to 6 years;Clemency recommended tor him by the trial Judge-and a number ot others; Commuted August 28, 1933.

WILL OWENS: Fulton County Superior Court; January term ~925; Burglary; 2 to 10 and 10 to 20

MoNDAY, jANUARY 21, 1935.

191

years; -Recommended by Hon. Jno. D. Humphries; Hon. Jno. A. Boyktn,Solicitor,the trial Judge,and Warde~ Commuted August 28, 1933.
t'"ill.RION STE~JART: Fulton County Superior Court; Burglary; Larceny-Auto; May term 1930; 2 to 5 and 1 to 2 years; Recommended by the trial Judge,County Cmrun1ssioners and others; Commuted August 30, 1933.
GEORGE H. COLLINS: Douglas County Superior Cour~ March term 1929; Vel-manslaughter; 10 to 20 years; Clemency recommended by mother of man killed,Dr.
o.c. woods,Asstt. Physician State Farm and not
opposed by the trial Judge; Commuted August 31,1933. I.L. FREEMAN: Bulloch County Superior Court;
April tenm 1915; Murder; Life; Recommended by trial jurors,wardens and others,Hon. R.N~ Hardeman did not oppose parole; Commuted August 31, 1933.
MRS. H.L.(Peggy)FRENCH: Fulton County Superior Court; May term 1930; Vel-Manslaughter; 8 to 10 years; Clemency recommended by all or the trial jurors and others; Commuted September 1, 1933.
WILL TOOLEY: Monroe County Superior Court; August term 1927; Vel-manslaughter; 15 to 17 years; Clemency recommended by trial jurors,county commissioners, deputy warden and number or citizens or Monroe County; Commuted Sept. 1, 1933.
PETER DANIEL: warren County Superior Court;April term 1932; Vol-Manslaughter;4 to 6 years; Clemency recommended by trial Judge,jurors,warden,and by the present Solicitor-General; Commuted September
2, 1933.
WILL WHITAKER: Cobb County Superior Court;July term 1927; Burglary; 7 to 12 years; Clemency recommended by the trial Judge,Solicitor-General and others; Commuted September 2, 1933. LINDSEY SANDERS: Fulton County Superior Court; Sept. term 1926; Murder; Life; Clemen~y recommended

192

JouRNAL oF THE SENATE,

by the Warden and County Commissioner of Cherokee County where sentence was served and by others; Commuted September 12, 1933.
JAMES A. SWAIN: Bibb County Superior Court;February term 1925; l:"Iurder; Life; Two of the trial jurors are dead another unknown,nine recommend clemency and many of the best citizens of Bibb County; Commuted September 12, 1933.
VERDELL ROSS: Cook County Superior Court; February term 1929; Manslaughter 8 to 12 years; 14 yrs. of age time of conviction,ciemency recommended by grand jurors,trial jurors,county officials,witnesses for the State in the trial of the case,prosecutor,trial Judge,citizens of Cook Co., not opposed by Solicitor-General; Commuted September 13, 1933.
MARSHALL PHILLIPS: Laurens County Superior Court; January term 1930; Murder; Life; Clemency recommended by Messrs. W.A. Dampier and Lester F.Watson, who assisted Solicitor in prosecuting case, Solicitor-General Fred Kea; Commuted September 14,1933.
OSCAR FAULKNER: Walton County Superior Court; Nov. Adj. term 1927; Murder Life; Clemency recommended by trial jurors,county officials of Newton and Walton Cos.,large number of citi~ens in both counties,wardens and deputies, Asstt SolicitorGeneral has no objections; Commuted Sept. 14, 1933.
HENRY LOG.A.N: Fulton County Super! or Court; Sept. term 1931; Robbery; 2l to 5 years; Clemency recommended by warden and other officials and the trial Judge does not oppose; Commuted Sept. 14,1933.
LONNIE PICKETT: Chatham County Superior Court; December term 1928; Burglary; 10 ydars and 10 years; Clemency recommended by a number of white citizens; Commuted September 14, 1933;
ROBE" RT WILLINGHAI1: Clark County Superior Court; July term 1928; Murder; Life; Clemency recommended by trial jurors,a number of citizens and county

MoNDAY, jANUARY 21, 1935.

193

officials of Clark County; Commuted September 14, 1933.

MARSHALL REED: Walker County Superior Oourt; February term 1925; Murder; Life; Clemency recommended by a large number of responsible citizens, trial jurors,county officials and wardens under whom served,Solicitor-General has no desire to see him released or confined; Commuted September 15, 1933.

GEORGE BOATRIGHT: Jefferson County Superior Court; Spring term 1922; Murder;Life; Clemency recommended by trial Judge. Solicitor-General is dead; Commuted September 15 1 1933.

MELVIN WINDHAM: Fayette County Superior Court; December term 1925; Murder; Life; Recommended by the trial Judge,Sheriff of Campbell co. and Post Office Inspector F.c. Ellis and a number of others; Commute Sept. 15, 1933.

WILL BLACKMAN, alias JAMES JOHNSON: Fulton County Superior Court; May term 1926; Burglary; 10 years; Recommended by the Sheriff,County Physic!~ Warden,and others,Solicitor John A. Boykin will consent if assured of work; Commuted September 15, 1933.

CUP-TIS FRfu'f.r\LIN: Muscogee County Superior Court;

February term 1927; Burglary; 10 to 15 years; Clem-

ency recommended by warden & guards, county commis-

sioner and not opposed by the Solicitor-General;

Commuted Sept. 15, 1933.



RICHARD STARTLEY: Carroll County Superior Court; April term 1932; Robbery; 5 years; Clemency reco~ mended by prosecutor,warden and guards,a number of
responsible citizens,Sol.Gen. Wm. Y. Atkinson
states any disposition will be satisfactory with him; Commuted Sept. 16, 1933.

ROSA BROWN: Bibb County Superior Court; May term 1918; Murder; Life; Judge and Solicitor who tried

194

JouRNAL or THE SENATE,

her are both dead; Commuted Sept. 20, 1933. GREEN SMITH: Fulton County Superior Court;Novem-
ber term 1930; Burglary; 6 to 12 years; Clemency recommended by wardens and off1c1als,and by Judge B.C.Gardner; Commuted September. 20, 1933.
JESSE MOSS: Harris County SUperior Court; May term 1923; Murder; Life; Clemency is recommended by the Judge and Solicitor-General; Commuted September 20, 1933.
WM. P. ffi1ITH: Fulton County Superior Court; September term 1931; Robbery; 2 to 5 years; Clemency recommended by the prosecutors,warden and trial Judge; Commuted September 20, 1933.
FRANK HARRIS: Fulton County Superior Court; March term 1926; Burglary; 5 to 7 and 5 to 7 years; Poor health,clemency recommended by the trial Judge; Commuted Sept. 20, 1933.
HOMER HUNTER: Clinch County Superior Court; October term 1927; Murder; Life; Clemency recommended by the trial Judge, the present Judge,Solicitor-General, and a majority of the trial jurors; Commuted Sept. 25, 1933.
GROVER ELLISON: Jenkins County Superior Court; April Special term 1922; Murder; Life; Recommended by the Judge,Solicitor-General,Warden,ccunty Officials and others; Connnuted Sept. 25, 1933.
W.P. LOVETT: Cherokee County Superior Court; December term 1930; Burglary; 3 to 5 years; Recommended by the Judge,Sol1c1tor-General,the party whose store was burglarized, and others; Commuted Sept. 28, 1933.
J.T. BARNETT: Fulton County Superior Court; March term 1932; Burglary; 2 to 5 and 1 to 5 years; Recommended by Judge Jobn D. Humphries and the trial Judge; Commuted September 28, 1933.

MoNDAY, JANUARY 21, 1935.

195

RUEBEN KITCHENS: Bibb Cmmty Superior Court; April term 1932; Burglary; 2 to 4 years; Recommended by the Solicitor-General,Sheriff and Jailer;Commuted September 29, 1933
JOHN HENRY GOODWIN: Bibb County Superior Court; February term 1931; Assault to murder; 10 years; Recommended by warden,guards and citizens ot Bibb and not opposed by Solicitor-General Chas. H. Garrett; Commuted September 29, 1933.

MRS. SHIRLEY T. HUDSON: Fulton County Superior Court; September term 1930; Forgery & Felony; 2 years and 5 years; Clemency is recommended by Stores Mutual Protective Association,trial Judge, Warden and State Farm Physician; Commuted October 4, 1933.

LEROY D. ROSS: Fulton County Superior Court; Sept. term 1930; Forgery; 5 years and 5 years; Paroled as to first sentence and pardoned as to second sentence; Clemency recommended by Judge E. D. Thomas,trial Judge, Stores Mutual Protective Association,Superintendent,Wardens,State Farm Physician and others; ConEuted October 4, 1933.

FRED JACKSON: Pike County Superior Court; Novem-

ber term 1930; Vol-Manslaughter; Recommended by the

trial Judge and Solicitor-General; Commuted October

6, 1933.

.

BOSS BOWERS: Bibb County Superior Court; Murder; Lite; November term 1928; Clemency recommended by officials,a number of responsible citizens,trial jurors,and Solicitor-General Chas. H. Garrett; Commuted October 9, 1933.

H.W. PEARSON: Chatham County Superior Court; March term 1932; Robbery 5 years; Clemency recommended by Mrs. A. Morris whom was robbed,number of citizens and Warden,Mother in need of his support; Commuted October 10, 1933.

WILLIE RICHARDSON: Chatham County Superior Cour~

196

JouRNAL OF THE SENATE,

March term 1932; Robbery; 5 years; H.W. Pearson, a co-defendant,was recommended for Executive Clemency on May 4, 1933, and all of 'he recomrnedations appear in that fine and reference is made thereto in this case; Commuted October 10, 1933.
ROOSTER COOGINS: Pike County Superior Court; April term 1920; Murder; Life; Recommended by the trial .Judge & Solicitor-General; Commuted October 11, 1933.
BALAAM HANDBERRY: Jenkins County Superior Court; March term 1925; l'1urder; Life; R.ecormnended by trial Jurors,Solicitor-General,Judge,Bheriff Jenkins County,R.G. Lane,Prosecutor,Warden and others; Commuted October 11, 1933.
NOAH HANDBERRY: Jenkins County Superior Court; March term 1925; Murder; Life imprisonment; Recommended by the trial Judge,trial Jurors and the County Officers of Jenkins County; Cormnuted October 11, 1933.
SAM TAYLOR: Coweta County Superior Court;September term 1908; Murder; Life; Recommended by the County Officials and Warden; Commuted .October 11, 1933.
MAUD COLEY: Laurens County Super! or Court; July term 1930; Vol-Manslaughter; 5 years; Recommended by the trial Judge, Solie! tor-G.eneral and Warden; Commuted October 11, 1933.
LAMAR MARTIN: DeKalb County Superior Court;June term 1930; Assault to Murder; 10 years; Clemency recommended by the injured party; Commuted October 11, 1933.
D.F. ARNOLD: Atkinson County Superior Court; October term 1930; AssaUlt to Murder; 5 to 10 years; Recommended by the trial Judge,Hon. W.R.Sm1th, Grand jurors,County_Comm1ss1oners,County Officials and not opposed by Solicitor-General; Commuted October 11, 1933.

MoNDAY, JANUARY 21, 1935.

197

w. IRA DUNCAN: Fulton County Superior Court; July
term 1931; Robbery; 3 years in 2 cases to run concurrently; Recommended by the trial Judge,Wardens, the victim or the offense and others; Commuted October 11, 1933.
DEWEY WHITAKER: Pickens County Superior Court; April term 1931; Misdemeanor,Larceny of auto,Highway robbery; 6 months; 1 year; 4 years; Wife and 2 children dependent on him tor support,clemency recommended by trial Judge,Sol1c1tor-General,Warden, Commissioner and owner of stolen auto; Commuted October 11, 1933.
EUGENIA ROGERS: Coffee County SUperior Court; October term 1923; Murder; Life; Recommended by
Sherif! who knows actual facts; Mother & Father in
tailing health; Commuted October 12, 1933. HORACE HEAD: Spalding County Superior Court;June
term 1930; Larceny of auto and robbery; 2 to 5 and 8 to 15 years; Clemency is recommended by prosecutor and the trial Judge,Hon. Wm. E.H. Searcy,Jr., Poor health,dependent tam1ly;Commuted October l2, 1933.
ELMER HENDERSON: Floyd County Superior Court; January term 1932; Burglary; 2 yrs. 19 years or age time or conviction,good prison record; Commuted Oct. 12, 1933.
JUDGE DEAN: l1urray County Superior Court; Fall term 1922; MUrder; Lite; Clemency recommended by the Sheriff,Warden of Whitfield Co., and Hon. John C. Mitchell, the present Sol1c1tor-General"; Commuted October 12, 1933.
HUEY MOBLEY ,alias PEANUT MOBLEY: '!'roup County Superior Court; :May term 1932; Car breaking; 3 to 5 years; Widowed mother and small children dependent on him. Clemency recommended by a large number of citizens; Commuted October 12, 1933.
CLIFFORD, alias CLYDE,GARRETT: fulton,Bibb &

198

JouRNAL OF THE SENATE,

Dodge Counties respectively Superior Court; Aug. 1927,Sept.l930 and Nov. term 1931; 2 to 5; 5 years; 10 years,respectively; Recommended by the Solicito~ General of Bibb Superior Court,Solicitor-General Dodge Superior Court,warden and guards. Sol. Genl. States family desperate for his assistance; Commuted October 26, 1933.
J. MELTON CREWS: Charlton County Superior Court; March term 1931; Vel-manslaughter; 15 to 20 years; Recommended by Senator Andrew J. Tuten, county officials,citizens,officials and warden,clemency is not opposed by the trial Judge Hon. M.D. Dickerson; Commuted October 24, 1933.
POLLIE PETTIE: Fulton County Superior Court; January term 1924; Vel-manslaughter; 18 to 20 year~ Clemency recooonended by Warden,Solicitor-Geheral and trial Judge; Commuted October 20, 1933.
JOHN THOMAS WIITE: Dooly County Superior Court; November term 1926; Murder; Life; Clemency recommended by Warden and guards,roreman or the jury, She~iff and others. Trial Judge and Sol.Gen. are dead; Commuted October 20, 1933.
HENRY WHITE: Walton County Superior Court;August term 1920; Murder; Life; Recommended by trial jurors,County Officials,Warden and guards. The Judge and Solicitor-General are both dead;Commuted October 20, 1933.
Zack WARREN: Mus~ogee County Superior Court; July term 1926; Val-Manslaughter; 20 years;Clemency recommended by the warden or Gwinnett County, Hon. T.L. Harr1s,Gw1nnett Co. and several citizens; Commuted October 20, 1933.
JOHNNIE HOOD: Laurens County Superior Court; July term 1931; Highway Robbery; 4 to 5 years; Clemency recommended by the trial Judge,Sol1c1torGeneral ro1d Warden; Commuted October 20, 1933.
L.C. (CHARLIE)HAMILTON: Gwinnett County superior

MoNDAY, JANUARY 21, 1935.

199

Court; March term 1929; Murder; Life Very poor physical condition,clemency recommended by Mrs. Riley,Widow of the deceased; b3 the Sheriff,Senator J.J. Baggett,Representative F.Q.Sammon,and trial jurors and responsible citizens of Gwinnett Co., Commuted October 19, 1933.

EDWARD SCOTT: Qhatha.m CoWlty Superior Court; March term 1932; Robbery; 4 years; Clemency recommended by the prosecutor,Solic1tor-General,Supt., of the Brown Farm and others; Commuted October 19, 1933.

WEBSTER JAI1ES: Fulton County Superior Court; October term 1930 Robbery; 10 to 20 years; Clemency recommended by trial Judge and others,opposition withdrawn by Solicitor General Boykin; Commuted October 19, 1933.

WILLIAM DARDEN: Colquitt County Superior Court; October term 1930; 7 to 10 yrs; Manslaughter; Clemency recommended by Warden,not opposed by the Solicitor-General,Hon.G.C. Spurlin; Commuted November 23, 1934.

HERBERT BONE: Paulding County Superior Court; November term 1932; Burglary; 2 to 3 years; Clemency is recommended by the trial Judge,Jurors,
NCoovuenmtybeOr faf,ic1i9a3ls3.and responsible citizens; Commuted

MARY SMITH: Fulton County SUperior Court;Decem-

ber term Commuted

N1~o2v1e;mbMerurad,er1; 9L33if.e;

Good

prison record;

DON WILLIAMS: Early County Superior Court; Octo- ber term 1927 Murder; Life; Recommended by trial jurors,trial judge,Sheriff and others; Commuted Nov. 9, 1933.

MOSE TARVER: Laurens County Superior Court;Apr11 term 1927; Murder; Life; Clemency recoillmended by Judge R.Earl Camp, the trial Judge,and SolicitorGeneral Fred Kea,and County Officials; Commute4

200

JouRNAL oF THE SENATE,

November 9, 1933.

MAJOR BROWN: Coffee County Superior Court;March Adj. term 1926; Murder; Life; This applicant having served seven years, and all others connected with the mob action at Douglas having received much lighter sentences and now being free,1t appearing that the crime for which Dave Wright was lynched was a most heinous crime,it is ordered that Major Brown be pardoned as to the manslaughter in his killing of Leggett and,that he be paroled as to the life sentence. Commuted Novemb~r 8 , 1933.

WOODSON COLE: Harris County Superior Court; January term 1927; Murder; Life; Clemency reconnnended for him by the Warden and guards,County Officials and citizens,and is not opposed by the trial Judge; Commuted November 8, 1933.

BILL VINSON: Fulton County Superior Court;September term 1931; M!sdemeanor & robbery; 24 months and 2 to 5 years; Clemency recorrnnended by a large number of responSible citizens,parties held up are not positive Bill Vinson was the boy who held them up; Commuted November 8, 1933.

MRS. IDA HUGHES: Fulton County Superior Court;

February term 1924; Murder; Life; Clemency recom-

mended by the Warden,trial Judge,Hon.G.H.Howard,

and the Official Court Reporter,Walter N.Echols;

Commuted Nov. 8, 1933.

.

SAM ROZIER: Laurens County SUperior Court;July term 1930; Murder; Life; Clemency recommended by Warden,Judge R.Earl Camp,the trial Judge,Hon. Fred Kea,the Solicitor-General; Commuted November 14, 1933.

ELLIS PETERS: Colquitt County Superior Court; July term 1930; llurder; Life; Recommended by large number of citizens,county officials and trial jurors, not opposed by Solicitor-General,c1tizens and officials of Mitchell County;Commuted November 20, 1933.

MoNDAY, jANUARY 21, 1935.

201

GROVER ETHERIDGE: Jones County Superior Court; :March term 1926; Yrurder; Life; Recormnended by officials,County Cormnissioners of Monroe County,County officials and citizens of Monroe County,County Officials and citizens of Jones County,all trial jurorsiand others; Commuted November 17, 1933.
HERBERT SIMS: Chatham County Superior Court; March term 1932; Burglary 3 years Clemency not opposed by the Solicitor-6eneral; Commuted Oct. 19, 1933.
DAN BURGESS: Pulaski County Superior Court;August term 1912; Rape; 16 years; Trial Judge & Solicitor-General dead; Hon. Eschol Graham does not oppose; Commuted Nov. 23, 1933.
PLENTY JACOBS: Screven County Superior Court; Nov. term 1931; Robbery; 5 to 10 years; Recommended by trial jurors,warden,citizens,Judge and Solicitor-General; Commuted November 22, 1933.
WM.(WILL)MASSEY: Floyd County Superior Court; July term 1923; Murder; Life; Clemency recommended by the Solicitor-General,Harden,guards,County Commissioner and a large number of citizens; Commuted November 22, 1933.
BEN BURGESS: Screven County Superior Court;May term 1929; Vol-~illnslaughter; 10 to 15 years; Clemency recommended by all the living jurors and trial Judge; Commuted November 22, 1933.
JAMES HENRY PATTERSON: Fulton County Superior Court; October term 1926; Murder; Life; Clemency recormnended by the deputy warden,prosecuting witness for State and others,Solicitor-General withdraws oppesition; Commuted November 22, 1933.
CHARLIE BROWN: Calhoun County Superior Court; June term 1932; Burglary; 2 to 4 years; Recommended by Sheriff, Clerk of Court,Harden and others;Commuted November 22, 1933.

202

JouRNAL or THE SENATE,

l'1A.CK MCCASKELL: Emanuel County Superior Court; October term 1929; Mans~aughter; 10 years; Clemency recommended by Warden,Trial Judge & Solicitor-Genera.l,trial jurors and county officials; Commuted November 24, 1933.
MILES WALKER: Telfair County Superior Court; Nov. term 1930; Vel-Manslaughter; 5 to 10 years; Clemency recommended by trial Judge,Solicitor-General,trial jurors,warden,County Comm1ssioner, County Officials and others; Commuted November 24, 1933.
SEABORN HILL: Harris Co. Superior Court: July term 1926; !1urder; Life; Clemency recommended by Warden,County Commissloners,trial jurors,SolicitorGeneral,trial Judge and citizens; Commuted November 23, 1933.
J .M. HUGHES.: Burke Co. SUperior Court; May term 1924; Murder; Life; Clemency recommende~by trial jurors,warden,citizens and officials of Harris and Burk Co., Commuted Nov. 23, 1933.
HORACE WILSON: Lowndes Co.,Superior Court; May term 1932; Simple larceny; 5 years; Clemency recommended by the prosecutor and acting SolicitorGeneral; Commuted; Nov. 2, 1933.
HARRY DAVIS: Lowndes County Superior Court;May term 1930; Rape; 10 to 15 yrs; Recommended by all living members of the trial Jury,county officials including the Sher1ff,Ord1nary,Clerk of Court and others and no opposition appears; Commuted November 3, 1933.
ROSA LEE SCARBROUGH: Lee Co. Superior Court; November tenn 1929; Vel-manslaughter; 15 to 20 years; Clemency recommended by trial jurors,county off1cials,warden and others; Commuted November 3, 1933;
MIKE,alias MACK,JOHNSON: Fulton Co. Superior Court; May term 1928; Manslaughter; 12 to 20 years;

MoNDAY, JANUARY 21, 1935.

203

good prison record; Commuted December 27, 19338

FRED TAYLOR: Wilkes Co.,Superior Court; November term 1925; Murder; Life; Clemency recommended by the trial Judge,Solicitor-General,Warden,County Commissioner & Co. 1 officials; Commuted December 22, 1933.

MARTIN DICKEY: Bulloch Co. Superior Court;Burglary; October term 1932; 5 years; Clemency recommended by Citizens,trial Judge,Solicitor-General, and the prosecutor has no objections; Commuted December 21, 1933.

S

uSpt1e1rPiSoOrNCSoHuErLtL;YA1

alia pril

s CLEVE SHEPPARD: term 1925; Murder;

Bibb Co. Life;

Clemency recommended by Warden,G~ards and not op-

posed by the Solicitor-General; Comnruted Dec. 21,

1933.

OLIN SMITH: Fulton Co. Superior Court; November term 1931; Robbery & 111sdemeanor; 2 to 3 years,l2 mos. & 12 mos; Recommended by 0it1zens and wardens under whom he has served; Comrnutel.l Decerr.ber 20, 1933.

Y~~ FELTON: Macon Co. Superior Court; November term 1929; Murder; Life; Recommended by trial jurors,city & county officials,warden & guards and citizens; Commuted December 21, 1933.

JULIUS AKINS: Chatham Co. Superior Court;Spring term 1931; Assault to murder; 5 to 8 years; Aided in recapture of escaped prisoners,re~ommended by those under whom he served,responsible parties and not opposed by the trial Judge; Commuted December 20, 1933.

NEWTON HODGES: Coweta Co. Superior Court;November term 1931; Vel-manslaughter; 7 years; Clemency recomrnended by the trial Judge,Solicitor-General, county officials and a number of citizens; Commuted December 20,1933.

204

JouRNAL oF THE SENATE,

NEIL COLLINS: Screven Co. Superior Court; November term 1927; Assault to tlurder; 10 years; Recommended by the trial Judge,Warden and Sheriff; Commuted December 20, 1933.
PAUL CARGLE: Chattooga Co. Superior Court; September term 1931; Burglary; 5 to 6 years; Clemency recommended by citizens; officials_and SolicitorGeneral and others; Commuted December 20, 1933.
JOHN WILL NEELY: Troup Co. Superior Court; November term 1932; Assault to murder; 4 to 8 years; Clemency recommended by the trial Judge,SolicitorGeneral,citizens,and his family is in dire need of his support; Commuted December 20, 1933.
WILL COLLIER: Lamar County Superior Court; September term 1922; tlurder; Life; Clemency recommended by the trial Judge,witnesses for State,County Commissioners,warden and others; Commuted December 18, 1933.
VIRGIL JOHNSON: Unioh Co. Superior Court; October term 1920; :Murder; Life; Clemency recommended by the Solicitor-General,trial Judge,county offi-
cials & citizens of Union Co. and Jackson Co.,Cam-
muted December 16, 1933. JOHN HENRY JACKSON: Taylor County Superior Court;
April term 1927; MUrder; Life; Clemency recommended by the warden,trial jurors,County officials and citizens no opposition by the Solicitor-General and trial judge; Commuted December 15, 1933.
E.E. ELLIS: Fulton Co. Superior Court; May term 1932; Embezzlement; 3 to 5 years; Clemency recommended by the warden,county commissioners,county officials and citizens. Judge Virlyn B. tloore, trial Judge,states wife is dependent and her circumstances are distressing and any disposition made of the matter would meet his approval; Commuted December 15, 1933.
W.L. TURNIPSEED: DeKalb County Superior Court;

MoNDAY, jANUARY 21, 1935.

205

Dec.l93l,Oct.term 1932; Sentenced 1 to 5 &1 to 3; Larceny or auto & Burglary; Clemency recommended
by wardens,guards and others,and not opposed by the Solicitor-General; Commuted December 15, 1933.

GARFIELD J:1ATHIS: Dooly County Superior Court; May term 1916; Murder; Life; Good prison record since Dec. 8, 1916; Commuted December 161 1933.
ENOCH COCHRAN: Upson Co.,Superior Court; November term; Murder; Life; Recommended by the Solicitor-General,trial Judge and several trial jurors; Commuted December 15, 1933.

B.BOOKER: Bibb co., Superior Court; February term 1925; Val-Manslaughter; 20 years; Clemency recammendeq by the Solicitor-General and County Physician; Commuted December 13, 1933.

SuCpUeRrLiYorGCRAoNuT~;a

lias Jan

WILLIE SMITH: Newton . Term 1932; Burglary;

Co., 12 months

and 2 to 5 years; Entered service January 12,1932,

and has completed the 12 months sentence and served

little more than one year on the 2 to 5 years sen-

tence. This t1m~ given Luther,alias Eugene, Par-

nell,who was 1933, and we

recommended fo recommend that

r t

p h

ar is

ole pr

on December lst isoner be given

1

the sa:m:e consideration; Commuted December 13, 1933.

LUTHER, alias EUGENE,PARNELL: Newton Co.,Superior Court; January term 1932; Burglary 12 months and 2 to 5 yearsi Clemency recommended by the trial Judge,Solicitor-ueneral,warden,Comm1ssioner of Roads and Revenues,Sheriff. Commuted December 13, 1933.

DAD VAUGHN: Spalding Co. Superior Court; June term 1932; Burglary; 3 years and 1 year; Clemency recommended by the trial jurors,Warden and a num-
ber of citizens; Judge Wm. E. Searcy,Jr; Commuted
December 22, 1933.

WALTER November

WILKES: Fu.lton County term 1928; Misdemeanor

SanudpeBriuorrglCaroyu;rtio

206

JouRNAL oF THE SENATE,

months; 6-20,5-20,3-20 years; Recommended by party whose store was broken into,by warden,guards and county Ccrmrnissioners,Wife and baby in need of his support; Commuted December 21, 1933.
HE&"1AN SPRAYBERRY: Chattooga County Superior Court; December term 1931; Burglary; 4 to 5 years; Clemency recommended by Solicitor-General,Offic1als, party whose store was burglarized and citizens. One of co-defendants already serving on parole(Howard Wallace), and parole recormnended for Paul Cargile, another co-defendant.; Commuted December 21, 1933.
ALONZO HANEY: Floyd County Superior Court;April term 1926; l'Ianslaughter; 10 to 15 years; Clemency recommended by wa.rdens,present Solicitor-General; Hon. Jas. F. Kelly. Wife & young son dependent on his support; Commuted December 21, 1933.
LEE MCFlJLLER: Laurens County Superior Court; August term 1926; Murder; Life; Recommended by trial Judge,Solicitor-General,wa.rdens,guards, County and City officials and others; Commuted December 21, 1933.
W.M. SIMPKINS: Fulton County Superior Court; July term 1931; Burglary; 5 years in 2 concurrent cases; Clemency is recorr.mended by officials and wardens,a large number of citizens; Commuted December 21, 1933.
STANLEY H. MCRAE: alias LAWRENCE W. GRF.NT: Fulton County Superior Courtj Nov. term 1932; Fictitious checks; 42 to 6 years~3 concurrent cases); Good prison record,wife and baby need his support. Trial Judge G.H. Howard says "any action taken will meet with his approvar~ Commuted December 23, 1933.
ALBERT CASH: Habersham County Superior Court; Fall term 1923; Murder; Life; ReconKnended by the Ordinary of Habersham who states that applicant's family has been on the countj7 for support since his conviction; Commuted Jecember 27, 1933.

MoNDAY, JANUARY 21, 1935.

207

ARCHIE STEWART: Camden County SUperior Court; June term 1924; Murder; Life; Clemency recommended by Warden,County Commissioners and citizens andrelatives of the deceased; Commuted December 11, 19~

HOMER WILLIAMSON: Pierce County Superior Court; November Adj. term 1931; Burglary; 2 to 5 years and 3 to 5 years concurrent; Recommended by the prosecutor and the Solicitor-General; Hon. A.B. Spence; Commuted December 11, 1933.

FRANK LANFORD: Fulton County Superior Court; August term 1930; Robbery,Larceny of auto and misdemeanors; 4 to 10 yrs. 4 to 4 yrs. & 12 mos. & 12 mos; Recommended by the trial Judge and Jurors, prosecuting witnesses,Warden and Officials of Gwinnett Co. and others. Wife and small children in destitute circumstances. Job offered; Commuted December 5, 1933.

JOHNNIE WHITE: Lamar Co., Superior Court; May Special term 1931; Manslaughter; 20 years Recommended by the tr:!.al Judge,Sher1f'f,Warden,Guards and twa children and wife in destitute c!rcumstances; Commuted December 1, 1933.

JULIUS ROWE: Cobb County Superior Court; July

term 1927; Murder; Life; Recommended by responsible

citizens,County O.fficials,Warden,County Commission-

er J .H. Hamby, and Hon. Lindley W. Camp Adjutant

General,the trial Judge and Solicitor:General re-

commended Clemency at the expiration of 10 years;

Commuted December 4, 1933.



WILLIAM YOUNG,JR: Columbia Co.,Super1or Court; September term 1924; Vol- manslaughter; 19 to 20 years; Clemency recommended by the Solicitor-General, County Commdssioners,County Officials,Warden and others; Commuted December 4, 1933.

HENRY STINSON: Talbot County Superior Court; September term 1929; Manslaughter; 15 to 20 years; Recommended by a large number of c1t1zens,Warden, County Commissioners and is not opposed by the

208

JouRNAL oF THE SENATE,

tria.l Judge and Solicitor-General; Commuted December 5, 1933.
FLOSSIE WILLIAMS: Walton County Superior Court; August term 1925; Murder; Life; Clemency is neither recommenced nor opposed by the Judge and SolicitorGeneral,but recommended by several reputable citizens; Commuted January 2, 1934.
RICH WEAVER: Clark County Superior Court; April term 1931; Vel-manslaughter; 6 to 12 years; Clemency recommended by trial jurors and a number of citizens of Clark County; Commuted January 2, 1934.
LEITHER SPATCHER: Charlton County Superior Cour~ March term 1932; Vel-manslaughter; 2 to 3 years; Clemency recommended by trial Judge,county officials,warden and not opposed by the Solicitor-Genera~ Commuted January 3, 1934.
G!~FIELD MILLER: Libe~ty County Superior Court; Summer te1m 1924; Murder; Life; Clemency is not opposed by the Judge and Solicitor-General;Conmluted January 6, 1934.
MOSE CORNELIUS: Bibb County Superior Court;Fall term 1922; Murder; Life; Clemency recommended by wardens and guards; Conmruted Janua.ry 8, 1934.
JACK CROFT: Walton County Superior Court; August term 1932; Burglary; 3 to 5 years; Judge and Solicitor-General notified of applicant's petition for clemency and there are no objections; Commuted January 10, 1934.
WILLIE LEE ROBERTSON: Washington Co.,Superior Court; Horse Stealing; Fall term 1927; 12 to 15 years; Recommended by officials,Warden and guards; Commuted January 10, 1934;
DALLAS LACEY: Floyd County Superior Court; July term 1931; Robbery; 4 years;Clemency n'lcommended by trial jurors,applicantrs mother suffering from tuberculosis in last stages,only few weeks to live;

MoNDAY, JANUARY ~~. 1935.

209

Commuted Jan. 10, 1934. ARTHUR BIRDSONG: Troup County Superior Court;
July term 1926; Murder; Life; Clemency recommended by Warden,several trial jurors; Commuted Jan. 10, 1934.
DAVE SHINGLES: Randolph County Superior Court; May term 1917; Mtrrder; Life; Clemency recommended by Commissioner of Roads and Revenues of DeKalb County, and by the Supt. ofRoads and Deputy Warde~ Commuted January 11, 1934.
ROLLIE YOUNG: Effingham County Superior Court; April term 1921; Murder; Life; Trial Judge and Solicitor-General given usual notice of application for parole and not opposing; Commuted January 11, 1934.
FRANK A. WHITE: Fulton County Superior Court; May term 1932; Robbery; 4 to 5 years; Clemency recommended by wardens,offic1als and by the trial Judge and Solicitor-General,almost blind; Commuted Jan. 11, 1934.
M.C.STANDRIDGE,alias ARTliUR FRft.NKLIN: Fulton Co. Superior Court; May term 1931; Burglary & Larceny of auto(two cases); Clemency recommended by Off1c1als,wardens,guards state he has made a model prisoner; Commuted January 11, 1934.
LEROY BRIGGS: Fulton Co.,Super1or Court;January term 1932; Vel-manslaughter; 3 to 5 years; served with good prison record; Commuted January 11, 1934.
GAD GRESHAM: Wilkes Co.,Super1or Court; August term 1932; Mfg. Liquor; 2 to 3 years and 12 months; Clemency recommended by the trial Judge,SolicitorGeneral,tr1al Jurors,Warden and guards and others; Commuted January 12, 1934.
WALTER MCGRIFF: Mitchell Co.,Supei'ior Court; Fall term 1926; Murder; Life; Clemency recommended by Wardens,guards,trial jurors and a number of c1t1-

210

JouRNAL OF THE SENATE,

zens; Commuted January 22, 1934. TOI1 TIPPETT: fulton Co.,Superior Court; January
term 1933; Larceny of auto; 2 to 4 years; Recommendby the trial Judge,and party whose auto was stolen; Commuted January 24, 1934.
GEORGE BRITTON: Chatham County Superior Court; Fall term 1920; Murder; Life; Recommended by officials and others; Commuted January 24, 1934.
KNIGHT RAGLAND: Talbot County Superior Court; September term 1927; Misdemeanor & assault to murder; 12 months and 10 years; Recommended by Capt. J.R. McCorkle; Commuted January 24, 1934.
GEORGE THOMAS: Clark County superior Court; October term 1930; Murder; Life; Recommended by wardens,guards trial jurors,city and county officials and other responsible citizens; Commuted January 24, 1934;
ARTHUR HIGHSMITH: Turner County Superior Court; March term 1919; Murder; Life; Recommended by the trial Judge,Warden,County Commissioner,County officials and others; Commuted January 24, 1934.
HOMER COLE: Hall County Superior Court; May term 1931; Manslaughter; 18 to 20 years; Clemency recommended by the trial jurors,warden,county commissioners and citizens; Commuted January 24, 1934.
W.T. MCKNIGHT: Fulton Co.,Superior Court;November term 1932; Larceny after trust; 5 years;Recammended by the trial Judge,Solicitor-General,officials and attorneys representing the prosecutor; Commuted Jan. 25, 1934.
STEVE C. HOLLOWAY: Troup County Superior Court; May term 1932; Mfg. Whiskey; 2 to 4 years; Clemency recommended by County Commissioners,trial Judge, Warden and citizens. Family in destitute circumstances; Commuted January 25, 1934.

MoNDAY, JANUARY 21, 1935.

211

JOE JONES: Muscogee County Superior Court; February term 1931; Simple larceny; 3 years and 1 day & 2 years and 1 day; Recommended by citizens,vmrdens. Judge C.F. McLaughlin,whose auto was stolen, has no objections; Commuted January 25, 1934.

PLEAS BROOKS: Spalding Co., Superior Court;February term 1932; Misdemeanor & Assault to murder; 12 months and 2 to 5 years; Recommended by large number of citizens of Spalding Co.,County & city officials,warden,and guards; Commuted January 25, 1934.

JOE TAYLOR MCMULLEN: Miller County Superior Court; April term 1931; Vol~nslaughter; 8 years; Recommended by the Grand Jurors,trial jurors,County officials where tried and where serving; Commuted January 25, 1934.

JOHN BELVIN: Dooly County Superior Court;August

term 1932; by the Jud

gMe,aSnoslliacuigtohtre:Gr en2ertaol,c3ouynetayrso; fRfeiccoimamlsen~d~edd

others; Commuted January 29, 1934.

ABE SMITH: Fulton Co. Superior Court; November term 1932; Burglary; 2i to 5 years; Good prison record and poor health; Commuted Jan. 30,1934.

WOODSON LAWRENCE: Hancock Co.,Superior Court; Fall term 1928; Val-manslaughter; 20 years; Recommended by the trial Judge,Warden and county officials; Commuted January 30, 1934.

BUCK DEVEREUX: Hancock County Superior Court; August term 1913; Murder; Life; Clemency recommended by the Trial Judge; Commuted Feb. 1, 1934.

WILLIE COlLIER: Lamar County Superior Court; December term 1932; Burglary; 2 to 4 years; Clemency recommended by the Sher1ff,Sol1c1tor-General, trial Judge,Warden,cit1zens,Phys1c1ans,Ch1ef of Pol1ce,Merchants and others; Commuted February 1,
19~.

212

JouRNAL oF THE SENATE,

HOYT SORRELLS: Hall Co.,SUperior Court; Nov. Term 1929; Murder; Lite; Recommended by Mrs.Elisha Lackey,Widow o! the deceased,Hon. Robt.McMillan, and the Solicitor-General; Commuted February 1, 1934. W.L. HENRY: Fulton Co.,Superior Court; July term 1931; Burglary; 5 years. in two concurrent cases; Clemency recommended by the Warden and others; Commuted February 1, 1934.
R.T. Bmn~ER: Bibb County Superior Court; Nov. term 1932; Rape; 2 years; RecomMended by the Solicitor-General,Chie! o! Police,Warden and others; Commuted February 2, 1934.
OTHO SMITH: Columbia County Superior Court; March term 1925; Murder; Lite; Clemency is not opposed nor recommended by trial Judge nor anyone else.
LONNIE WILLIAMS: Macon C~unty Superior Court; Fall term 1923; Manslaughter;l2 to 20 years; Recommended by the trial jurors, county connnissioners, county o!ficials,warden and guards; Commuted February 3, 1934.
LOFFETT MACK: Laurens County Superior Court; July term 1931; Robbery; 4 to 5 years; Clemency recommended by the trial Judge,Solicitor-General, Sheriff and Ordinary of Laurens County Commuted February 3, 1934.
(WILLIE) BOOT LOWE: Stewart County,SUperior Court; April term 1921; Murder;Li!e; 16 years o! age at time o! conviction. Clemency recommended by Wardens and County Officials; Commuted February 3, 1934.
ANDREW ROYAL: Houston County Superior Court; October term 1924; Murder; Life; Recommended by the trial Jurors,Solicitor-General,Warden and others; Commuted February 3, 1934.

MoNDAY, JANUARY 21, 1935.

213

J .H. ARNOLD: Emanuel County Superior Court January term 1920; Murderi Lire; Recommended by those under whom he served; t.,;ommuted February 3, 1934
SAM DEVINE: Emanuel Co. Superior Court; October term 1927; Murder; Life; Clemency recommended by the trial Judge,Solicitor-General,trial Jurors, County Officials and wardens under whom he served; Commuted Feb. 3, 1934.
OTIS CONOWAY: Laurens County Superior Court; August term 1931; Attempt to murder; 5 years;Clemency recommended by the presiding-Judge,SolicitorGeneral,County Officials and others; Commuted February 3, 1934.
JOHN MYERS: Bartow County SUperior Court; October term 1921; MUrder; Life; a miscarriage of Justice; Commuted February 3, 1934.
BEN BROWN: Chatham County Superior Court; March term 1926; Vel-Manslaughter; 10 to 15 years;Clemency recommended by the Warden and others; Commuted February 5, 1934.
ROBERT SIMMONS: rerrell County SUperior Court; May term 1928; Misdemeanor & Burglary; 12 mos. in 4 cases; 4 to 6 and 3 to 5 years; Clemency recommended by the prosecutors,trial Judge,foreman of the jury and others; Commuted February 5, 1934.
FANNIE PERDUE: Fulton County Superior Court; September term 1926; Murder; Life; Good prison record;Commuted Feb. 6,1934.
HERMAN HORTON(colored): Polk County Superior Court; August term 1~2; Man-slaughter; 2 to 5 years; Clemency recommended by the trial Judge, trial Jurors,Sheriff,Deputy Sheriff and Citizens; Commuted Feb~ 6, 1934.
FRED GRAY: Taylor Cbunty Superior Court; April term 1932; Vel-Manslaughter; 5 to 10 years; Clemency recommended by the trial Judge,warden and

214

JouRNAL OF THE SENATE,

County Commissioners; Commuted Feb. 7, 1934.

J1ARY SNIDER: Crisp County Superior Cmxrt;August term 1920; Murder; Lite; Recommended by the trial Judge and Foreman of the jury; Commuted Feb. 7,
1934.

ROBERT BATES: Gilmer & Pickens Counties Superior Court; Spring term 1928; Burglary,ars_on,Highway Robbery; 3 to 5 7 to 10, and 4 years; Needed at home. Recommended by the trial Judge,Solicitor-General, Warden,Guards,County Officials and citizens; Co~ muted February 9, 1%4.

IIDGH DOWNS: Fulton County Superior Court;October

term 1932; Larceny of auto (4 Cases); 1 to 4 years

in each case; Clemency recommended by the Warden,

trial Judge,Hon.J.R.Hutcheson and says Downs,whom

he has known all his lite,has served the first sen-

tence; Commuted Feb. 10, 1934.



EMMETT UPSHAW: Muscogee County Superior Court; Nov. term 1932; Assault to murder; 2 to 4 years; Clemency recommended by citizens; Commuted Feb. 13,
1934.

~All1ADGE COLEY: Houston County Superior Court; Spring term 1924; Sentenced 12 to 20 years; Poor physical condition,and unable to work; Commuted February 13, 1934.

QUINTON JOHNSON: Hancock County Superior Court;

Sept. term 1932; Burglary; 2 years; Clemency recom-

mended tor-Ge

by ner

atlheandprWosaercduento; r~1 ojmumruotresd,tFreiablruJauryd

ge,Solici
13,1934.

WALTER DEWBERRY: Cook County Superior Court; Nov. term 1926; Murder; Lite; Recommended by Hon. B. Pooell, Trial Judge and Sol1citor-General; Commuted February 13, 1934.

GEORGE JACKSON: Troup County Superior Court; July term 1921; Murder; Lite; Clemency recommended by the Solicitor-General,Clerk Superior Court,

MoNDAY, JANUARY 21, 1935.

215

Deputy Sheriff,Solicitor of the City Court and the Warden; Commuted Feb. 13, 1934.
HUEY CAMPBELL: Calhoun County Superior Court; December term 1917; Murder; Life; Good prison record;Commuted Feb. lD 1 1904~
CHARLEY HALL: Upson County Superior Court;March term 1932; Robbery; 2 yrs; Clemency recommended by the warden; Co:mmuted Feb 13, 1934.
CHARLIE HARGROVE: Liberty County Superior Court; Simple larc'3ny; Sept.term 1931; 2 to 4 yrs;Clemenc:r rec~mmended by Hon. J. Saxton Daniel,trial Judge; Commuted february 13, 1934.
EUGENE BYRD, alias BLACKMON: Fulton County Superior Court;" May term 1930; Forgery; 5 to 7 years in 3 concurrent cases Clemency recommended by the Warden,County Officiais and others; Commuted Feb. 13, 1934.
WILLIAM TOLAND and ALDINE MOORE: Spalding County Superior Court; Feb. term 1933; Burglary; l2 mos. & 2 years to follow; Recommended by the guards,warden, citizens and City Officials and Judge Wm.E.H.Searcy, Jr; Commuted Feb. 14,1934.
H.E. EVANS: Bibb Co., Superior Court; August term 1932; Burglary; 1 to 5 yrs;Mother needs him; Commuted February 15, 1934.
MURRAY FULCHER and OLIVER LEWIS: Crawford County Superior Court; March term 1932; Burglary; 5 to 10 years; Recommended by the trial Jurors,Officials and citizens. Families absolutely dependent upon charity; Commuted Feb. 15,1934.
WM. SL.A.UGHTER: Spalding County Superior Court; January term 192.'3; Murder; Life; Clemency recormnended by all living Jurors,and not opposed by the trial JudgeiSol1citor-General and the warden; Comruuted Feb. 5, 1934.

216

JoURNAL OF THE SENATE,

ZEB CARTER: Jeff Davis County Superior Court; June term 1931; Burglary; 7 to 10 years; Reconnnended by the prosecutor,trial jur"rs,county officials, the Warden and others; Commuted February 15, 1934.
KER11ET GILBERT: Upson County Superior CourtNovamber term 1932; Burglary; 2 years; RecommenCfed by the trial Judge;Solicitor-General,County Officials and others; Commuted Feb. 17, 1934.
WALTER WALTOWER: Burke County Superior Court; October term 1923; MUrder; Life;Clemency recommended by the Warden,Sberiff and other County Officials, Chairman County Commissioners and others; Commuted Feb. 17, 1934;
WILLIE SPIRES: Telfair County Superior Court; February term 1930; Murder; Life; Clemency recommended by County Officials,County and City Officials of Bulloch County and a number of responsible citizens; Commuted Feb. 19, 1934.
SIM WRIGHT: Fulton County Superior Court; June term 1922; Robbery; 19 to 20 years; Recommended by officials and not physically able to perform hard manual labor; Commuted Feb. 28, 1934.
LOYD RICE: Fulton County Superior Court; September term 1932; Misdemeanor & Assault to murder; 6 mos. and 2 years; Recommended by the trial Judge and Solicitor-General; Commuted Feb. 28, 1934.
DORSEY PEEPLES: Schley County Superior Court; April term 1921; Murder; Life; Recommended by the trial Jurors,County Officials,County Commissioners and responsible citizens; Commuted February 28,
1934.
RALPH MCWHORTER( col): Fulton Co.,Superior Court; March term 1932; Burglary; 3 to 5 years; Clemency recommended by the trial Judge and Sol1c1tor-General;Commuted February 28, 1934.
W!tJ.WEAVER: Fulton Co.,Super1or Court; July term

MoNDAY, JANUARY 21, 1935.

217

1931; Robbery; 4 yrs. (2 concurrent cases);Clemency recommended by the Warden,Guards,Commissioner of Roads and Revenues of DeKalb co.,and the trial Judge,Hon.Virlyn B. Moore;Commuted February 28,1934.

MAJOR CLEMENTS(Col): Jasper Co.,Superior Court;

August term 1928; MUrder; Life; Clemency recommend-

ed by the trial Judge,trial warden and others; Commuted

1 Jurors county Official~
March , 1934.

J.P. :MURRAY: Fulton County Superior Court;Robbery 4 to 10 years; November term 1930; Recommended by the Superintendent and Warden; Commuted March 6, 1934.

GEORGE JACKSON: Burke Co., Superior Court; May term 1928; Murder; Life; Clemency recommended by grand Jurors,County Connnissioners,trial jurors, Solicltor-General,Wardens,County Officials and others; Commuted March 7, 1934.

EUGENE L. CRAWFORD: DeKalb Co., Superior Court; December term 1932; Bigamy; 3 to 5 years; Recommended by the Warden, County Officials,County Commissioner,Lawful Wife and others; Commuted March 29, 1934.

JOHN HARRISON: Gwinnett County Superior Court; March term 1932; Burglary; 2 to 3 years; Clemency recommended by a number of Citlzens,Sheriff,Deputy Sheriff,County Commissioners and others; Commuted March 29, 1934.

TOM KENDRICK: Stewart County Superior Court; October term 1924; Murder; Life; Recommended by the County Authorities,Wardens and others; Commuted March 29, 1934.

GENE MERRITT: Webster County Superior Court; April term 1932; Rape; 5 to 10 years; Clemency recommended By L.G.Council of Americus,Ga. Commuted March 29, 1934.

OLLIE BUTT: Hall County Superior Court; Fall tenn

218

JouRNAL oF THE SENATE,

1926; Assault to Murder; 9i to 10 years; Recommended by Warden,Guards and Dr. E.W. Watkins,Ellijay, Ga. Commuted March 21, 1 ~4.
GEORGE STRICKLAND: Fulton County Superior Court; November term 1931; Burglary; 3 to 5 years; Clemency recommended by those under whom he served; Commuted March 14, 1934.
ADAM PRESSLEY: Newton county Superior Court; September term 1923; Manslaughter; 15 to 20 years; Clemency recommended by the trial Judge,Hon.John B. Hutcheson; Commuted March 14, 1934.
WILLIAM JOHNSON: Muscogee County Superior Court; Feb. term 1930; Larceny from house and Misdemeanor; 5 to 8 years and 12 months; Recommended by the Chairman of Commissioner of Marion County broken arm and very little service to the county or state; Commuted March 14, 1934.
BILL MCFADDEN: Effingham County Superior Court; April term 1920; Murder; Life; Recommended by Wardens,Sheriff,Clerk of Court,trial Judge and others; Commuted March 15, 1934.
TROY WILLIAMS: Spalding County Superior Court; October term 1~2; Assault to MUrder; 2 years; Recommended by the Solicitor-General, Warden,guards, Chairman County Commissioners and others; Commuted March 14, 1~4.
RALPH MCCOMBS: Carroll County Superior Court; October term 1927; Manslaughter; 13 to 15 years; Recommended by the Solicitor-General,County Commissioner,Warden,guards and others; Commuted April 11,
1934.
JAKE JONES: Lincoln County Superior Court;October term 1932; Shooting at another; 2 to 4 years; Clemency recommended by the trial Judge; trial jurors, Warden and others; Commuted April 12,1934.
NICK HILL: Wilkes County Superior Court;August

MoNDAY, jANUARY 21, 1935.

219

term 1931; Vel-Manslaughter; 12 to 12 years; Reco~ mended by the trial Judge,jurors,County Officials and responsible Citizens; Commuted April 12,1934.

WAYMOND JOHNSON: Hart County Superior Court; December term 1932; Seduction; 2 years; Warden, guards and trial jurors recommended parole; Commuted April 6, 1934.

JOHN WILSON: December term 1930; Ware County Superior Court; Simple larceny; 5 years; good prison record; Commuted April 7, 1934.

ERNEST ROBERSON: Wheeler County Superior Court; Spring term 1931; Burglary; 3 to 5 years; Clemency recommended by the Wardens and guards,Judge Eschol Graham does not oppose; Commuted April 3, 1934.

WILLIE BOHANNON(Colored): Haralson County Superior Court; January term 1932;Assault to murder; 4 to 5 years; Clemency recommended by the trial jurors,Judge,Solicitor-General and prosecutrix; Commuted April 3, 1934.

COTTlE NORMAN(Colored): DeKalb Court; October Special term 1932;

CBouurgntlyarSy;up2eiritoor

5 years; Recammended by the Trial Judge,Solicitor-

General has no objection; Commuted April 19, 1934.

LONNIE HALL: Randolph County Superior Court; May term 1925; Murder; Life; Recommended by the grand jurors,trial jurors,County commissioners,warden and others; Commuted April 20, 1934.

LOEBEL ALLEN: Fulton County Superior Court;April Term 1933; Larceny after trust; 2 to 4 years; Recommended by trial Judge and others; Commuted April 23, 1934.

HESTER TAYLOR(Colored): Liberty County Superior Court; September Term 1927; Val-manslaughter; 10 to 15 years; Recommended by Warden; Commuted April 24, 1934.

220

JouRNAL oF THE SENATE,

CHARLIE ROBINSON: Polk County Superior Court; February term 1932; Larceny o:r auto; 4 to 5 years; Recommended by the trial Judge,Solicitor-General and Warden; Commuted April 24, 1934.
MRS. BETTIE COBB: Fulton County Superior Court; November term 1930; Vel-manslaughter; 10 to 20 years; Recommended by Hon. John H. Hudson,Asst. Solicitor-General Fulton County; Commuted April 24, 1934.
ROBERT GRESHAM: Walton County Superior Court; Murder; Lite; Spring term 1923; Recommended by the County Commissioners and warden; Commuted April 25,1934.
J.E. ENTREKIN: Bibb County Superior Court; April term 1929; Larceny o:r auto; 3 to 5 years; Recommended by the Solicitor-General; Commuted April 25, 1934.
JIM SMALL: Tift County SUperior Court; July term 1924; Murder; Lite; Clemency recommended by the Warden,County Commissioners and others and not opposed by the trial Judge and Solicitor-General; Conunuted May 1, 1934.
WALTER ABERCROMBIE: Muscogee County Superior Court; November term 1933; Sentenced 3 to 5 years; Assault to murder; Recommended by the Warden and the Judge has no objections; Commuted May 3, 1934.
RAINEY CAUTHEN: Fayett Co., Superior Court;December term 1925; Murder; Lite; Recommended by Warden,guards,Otticials,County Commissioners and Citizens; Corr@uted May 8, 1934.
SAM KNOWLES: Putman County Superior Court;September term 1927; Murder; Lite; Recommended by Warden and officials; Commuted May 8, 1934.
HILL MCCOY: Polk County Superior Court; August Adj. term 1926; Murder; Lite; Recommendations by the trial Judge and Solicitor-General; Commuted

MoNDAY, jANUARY 21, 1935.

221

May 8, 1934. LESTER MCLENDON: Treutlen county Superior Court;
August term 1923 Murder; Life; Recommended by the trial Judge,trial. jurors,and Wardens; Commuted May 9, 1004.
RAYMOND SKIPPER: Spalding County Superior Court; November Term 1932; Robbery; 2 yrs. Recommenced by the trial Judge,all the trial jurors and citizens including County and City Officials; Commuted May 9, 1934.
W.J GORMAN: Lowndes County Superior Court; May term 1932; Val-Manslaughter; 5 to 10 years; Clemency recommended by citizens,county officials,trial jurors and others; Commuted May 9, 1934.
,
FLOYD PHILLIPS: Carroll County Superior Court; April term 1933; Simple larceny; 3 to 5 years; Recommended by the prosecutor,trial Judge,SolicitorGeneral; Warden,guards,county officials.County Commissioners and citizens; Commuted May 9th, 1934.
JAMES FLOYD: Fulton County Superior Court; May term 1930; Val-Manslaughter; 5 to 10 years; Solicitor General and trial Judge do not oppose;Commuted May 10, 1934.
LEO MCCULLAR(Colored): Laurens County Superior Court; January term 1931; Burglary; 10 years; Recommended by the trial Judge,Solicitor-General, Warden, prosecutor,and others; Commuted May 10,19~
CECIL EDWARDS: Muscogee County Superior Court; February term 1933; Larceny of auto; 2 to 5 years; Recommended by the Warden,County Commissioners, County officials and others; Commuted May 10, 1934.
WilLIE DORSEY: Richmond County Superior Court; October term 1931; Bestiality; 5 to 6 years; Recommended by the Solic1tor-General,Sher1ff and Deputy Sher1ffs,Warden,Off1cers of Columbia County,and others; Commuted May 11, 1934.

222

JouRNAL oF THE SENATE,

WILLIE B. LOWE: Bibb County Superior Court;February term 1930; Murder; Life; Recommended by the $ol1c1tor-General,tr1al jurors,Warden;Commuted May 11, 1934.

JIM GREEN: Macon County Superior Court; Spring term 1925; Murder; Life; Recommended by County Commissioners,Warden,Guards and others; Commuted May 11, 1934.

CHARLIE HOGAN(Hogue): Fulton County Superior

Court; Spring term 1922; Rape; 20 years; Recommend-

ed by 1934.

Wardens

under

whom

served;

Commuted

May

16 1

JAKE HARDAWAY: Harris County Superior Court;

Murder; Life; September term 1928; Recommended by

vwthe.Hery.SSphopeeornric;fef{,1C.u;ol.mesmr.kuMteodafrMsChayaolu16rat~n,dS1of9lo3irc4mi.teorr

-General Sheriff.

,and Health

BELAND F. STARNES: Richmond County Superior

Court; September term 1929; Murder; Life; Recommend-

Hedonb.yAO.Lffi.~t1traalr~u1ut.irni,JauldgJue rSo

rs up

and erio

a number of other~ r Court; Commuted

May 18, 1934.

FED(W.C.)DOLLAR: Fulton & DeKalb Cos. Superior Court; January term 1925,0ctober Special 1926; Burglary and Larceny of auto; 10 to 15 and 1 year; Recommended by the trial Judge,Solicitor General, Members of the trial Jury and Prosecutor the second case; It is ordered that he be pardoned in the second case,and paroled in the first case;Commuted May 23, 1934.

PROFESSOR TAYLOR,alias BUCK: Clarke County Superior Court; January term 1930; Manslaughter; 20 years; Recommended by the warden,guards,Chairman or the County Commdss1oners,trial Jurors,County Offi-
c1als,Sheriff,Tax Receiver,Tax Collector & others;
Commuted May 231 1934. ROBERT JENKINS: Bibb County Superior Court;Nov-

MoNDAY, JANUARY 21, 1935.

223

ember term 1932; Burglary; 2 to 5 years; Wife and children dependent on applicant. Recommended by officials and others; Commuted May 23, 1934.
JOHN HENRY BRADY: Morgan County Superior Court; September term 1920; Murder; Lite; Good prison record; Commuted May 23, 1934.
NOAH MURDOCK: Campbell County Superior Court; Spttng term 1931; Burglary; 5 to 7 yrs; Recommended by Warden,Solicitor-General and trial Judge; Commuted May 24, 1934.
GOLSON HOOK: Fulton County Superior Court;March term 1931; Robbery (3 cases), Larceny or auto(4 cases); 2 to 5 years in each or the 3 cases,and 1 to 5 in each or 4 cases; Recommended by the trial Judge,Solicitor-General,Warden and guards;Commuted May 24, 1934.
CURTIS MOSELEY: Spalding County Superior Court; November term 1932; Robbery; 2 yrs; Trial Judge recommends that the same action be taken in this case as in the Raymond Skipper case, which is a companion case to this; Commuted May 29, 1934.
C.L. BRIDGES: Coweta County Superior Court;March term 1932; Burglary; 5 yrs; Recommended by the Solicitor-General, trial Judge and County officials; Commuted May 31, 1934.
GRANT WARNER: Coweta Connty Superior Court;March term 1932; Burglary; 5 to 7 yrs; Recommended by the Solic1tor-General,tr1al Judge,Warden and County officials; Commuted May 31, 1934.
HENRY SANDERS,alias BLACKBERRY: Richmond County Superior Court; September term 1930; Murder; Lite; Recommended by the Warden,trial Judge and SolicitorGeneral; Commuted May 31, 1934.
ALBERT WITHEROW: Murray County Superior Court; August term 1932; Manslaughter; 5 years; Recommended by trial Judge,Sol1c1tor-General Clerk of Court;

224

JouRNAL OF THE SENATE,

Sheriff, Attry for prosecutor,Wardens & guards,members of family of the party who was shot and responsible citizens; Commuted June 5, 1934.

ALFONZE FARMER,GRADY HORTON,WOODROW SMITH: Carroll County Superior Court; April term 1933; Simple larceny; 3 to 5 years Recommended by the prosecutor,Sheriff,Clerk of Court,Warden,guards,County Commissioners,Ordinary and others; Commuted June 7, 1934.

CLEVELAND BROWN: Fu1ton County Super!or Court;

January term 1932; Assault to murder; 5 to 10 years;

Recommended by Judge citor-General has no

Eob.Dje. cTtihoonms;asC,tormiamlutJeuddJguen;eSoal,1-

1934.

R.C. MERRIMAN: Fulton County Superior Court; Janua.ry term 1920; Sodomy; Life; Recommended by
PthoeortrhieaallthJu; dCgoem,Smoultiecd1Jtuonr-eGae,ne1r9a3l 4a.nd officials.

ARNOLD WHITE: Spalding County Superior Court; June term 1932; Burg_lary; 2 years; and 1 year; Recommended by the trial jurors,Warden,Judge Wm.E.H. Searcy,Jr. and citizens; Commuted June 9, 1934.

JESSIE GIBSON: Muscogee County SUperior Court; November term 1920; MUrder; Life; Recommended by trial Judge,Warden and guards and others; Served practically 13 years actual time; Commuted June 13, 1934.

MaHyERteSrCmHE1L9R3O0B; INASsOsNa:ultFtuoltomnurCdoeur;ntya

SUperior Court; to 10 years;

Clemency recommended by the Judge and Solicitor-

General. Commuted June 13, 1934.

ALBERT RICHARDSON: Chattooga County SUperior Court; October term 1925;Murder; Life; Recommended by the trial Jurors and others; Cammu~ed June 13, 1934.

ED BROWN GASKINS: Ware County Superior Court;

MoNDAY, JANUARY 21, 1935.

225

May term 1933; Robbery; 4 to 8 yrs.; Recommended by the trial Judge,Solicitor-General,Ottic1als and guards; Commuted June 14, 1934.

MELTON HENSON: Cook County Superior Court; Fall term 1921; Murder; Lite; Clemency recommended by the Supt. and Warden; Commuted June 14, 1934.

DAN TYRE: Pierce Cmmty Superior Court; April term; 1930; Murder; Lite; Clemency recommended by the trial Jurors,County Ofticials,Wardens and a number of citizens; Commuted June 27, 1934.

BUDDIE IKE LOVETT: Peach County Superior Court;

April term 1933 Assault to Murder; 2 to 5 years;

2 to 5 years; ciemency recommended by the Judge,

Solicitor-General,Trial Jurors and others; Commuted

June 28, 1934.

JESSIE MCDONALD: Fulton County Superior Court;

January term 1927; Murder; Life; Recommended by

Wardens,Guards,and the trial Judge; Commuted June

14, 1934.

.

DAISY BEAL: Floyd County Superior Court; July term 1932; Assault to Murder; 3 to 5 yrs; Clemency recommended by the trial Judge.,Solici tor-General, Judge City Court,Sher1ff and Deputy Sheriffs; Commuted June 15, 1934.

EMORY FRANCIS: Blackley County Superior Court; July Adj.term 1931; Val-manslaughter; 10 years; Clemency recommended by the trial Judge,SolicitorGeneraland others; Commuted June 15, 1934.

JOHN CHOATES,JR: DeKalb County Superior Court; June term 1932; Assault to Murder; 3 to 6 years; Clemency recommended by the Solicitor-General,trial Judge,County and City Officials and others; Commuted June 15, 1934.

WILL LUMPKIN: Meriwether County Superior Court; Feb. term 1921; Assault to murder;lO years; Clemency recommended by the Sol1citor-General,County Ott1c1als, County Comm!ssioners,Warden and Guards; Conmuted

226

JouRNAL oF THE SENATE,

June 21, 1934. WILL WIGGINS: Coffee County Superior Court;Fall
term 1926; Manslaughter; 15 to 20 years; Clemency recommended by officials and has a wife and 10 children in need or his support; Commuted June 21, 1934.
NEAL FULFORD: Laurens County Superior Court; January term 1932; Manslaughter; 15 to 20 yearS'; Clemency recommended by the trial Judge,Jurors, Prosecutor,Wardens,County officials and the Solicitor-General does not oppose; Commuted June 22,1934.
RUFUS BROWN: Morgan County Superior Court;March term 1922; Murder; Lite; Clemency recommended by the Warden,Sherift,Clerk or Court and other officials and citizens; Commuted June 28, 1934.
JOE KENDRICK: Hall County Superior Court;July term 1~2; Manslaughter; 3 to 5 years; Clemency recommended by County officials,Warden and the Solicitor-General and trial Judge have no objections; Commuted June 28, 1934.
GUS JONES: Jenkins County Superior Court;March term 1918; Manslaughter; 20 years; Clemency recommended by the presiding Judge,the present Judge or the C1rcu1t,Solic1tor-General and County Officials; Corrmruted July 10, 1934.
JOHN PONDER: Fulton County Superior Court; September Term 1930; Val-Manslaughter; 8 to 10 years; Clemency recommended by the trial Judge,Warden and other parties; Commuted July 11, 1934.
WALTER MCFARLAND: Fulton County Superior Court; March term 1933 Robbery; 2 to 4 yrs.{& 12 months concurrently); Clemency recommended by the Judge Edgar E. Pomeroy; Commuted July 11, 1934.
FARRIS WATTS: Fulton County Superior Court; SePtember term 1929; Burglary and larceny or auto; 2 to 5,and 2 to 5 years; Clemency is recommended ror

MoNDAY, jANUARY 21, 1935.

227

him by the trial judge and others; Commuted July lG
1934.

COLEMAN BLALOCK: Fulton County Superior Court; April term 1927; Murder; Life; Clemency recommended by the Warden,Superintendent of the Fulton County Warehouse,and Hon. John D. Humphries,the trial Judge,states that he has no objection to parole; Commuted July 21, 1934.

HENRY SEWELL: ~ruscogee County Superior Court; February term 1933; Burglary; 3 to 5 years; Clemency is recommended for him by the prosecutor,trial Judge,jurors,and Warden under whom he served;Cammuted July 26, 1934.

SAM KING: Upson County Superior Court; November term 1925; Murder; Life; Clemency 1s recommended for him by the trial Judge,Solicitor-General,trial Jurors,Warden,Sheriff,Clerk of Upson SUperior Court and others; Commuted July 26, 1934.

DENNIS HALSH: Ben H:l,ll County Superior Court; January term 1932; Assault with intent to murder; 3 to 5 years; Clemency is recommended for him by the prosecutor,trial jurors,Judge,Sol1citor-General,Countv Officials and others; Commuted July 31,
1934.

LEHMON MONS: Bulloch County Supperior Court; October term 1932; Burglary; 5 years; Clemency recommended by the Solicitor-General,prosecutor,warden and Chairman of the County_Commissioners of Bulloch County; Commuted August 6, 1934.

LOU BAKER: Harris County Superior Court; July

term 1933; Mfg. Liquor; 2 to 5 years; Clemency is

recommended for him by the trial Judge and Solici-

citor-General at the completion of one year's ser-

vice; Commuted August 20, 1934.



WAYNE BROOKSHIRE: Bartow County Superior Court; July term 1933; Arson; 2 to .3 years; Clemency is recommended for hL~ by the Solicitor-General,

228

JouRNAL oF THE SENATE,

Sheriff of Bartow County,cttizens or Bartow County, and the family or applicant is badly in need or his support; Commuted August 22, 1934.

D.P. CRAWFORD: Greene Cmmty Superior Court; July term 1933; Burglary; 3 to 5 years Clemency is recommended for him by the prosecutor,SolicitorGeneral and trial Judge; Commuted September 7,1934.

JOHN JONES: Fulton County Supertor Court; July term 1932; Shooting at another &Misdemeanor; 2 to 4 years and 12 months; Prison Commission recommended parole as to felony and probation as to misdemeanor; Commuted; September 19, 1934.

SAM DOUGLAS: Dougherty County Superior Court; March term 1932; Burglary; 5 to 10 years; Clemency is recommended by the Sheriff or Dougherty County; Commuted September 19, 1934.

JACK BELMONT,alias Robert B.Smith: Fulton County Superior Court; July term 1931; Rape; 3 to 5 years; Clemency is not opposed by the trial Judge, Solicitor-General,and is recommended by trial Jurors and others; Commuted September 19, 1934.

H.E. JACKSON: Cherokee County Superior Court; February term 1932; Burglary; 6 to 10 years; Clemency recommended by trial jurors,Judge,Solic1torat the time or trial,a number or citizens and county officials or Cherokee County; Commuted September 20, 1934.

J .R. MARTIN: Fulton County Superior Court;Ma.rch

term 1933; Burglary; 2 to 5 years; Clemency recom-

mended others

of or rGhwiminnbeyttt hCeouCnotyunatnydCootmhme risss; ioMner.rsca.Tnd.

Jennings or the Winn & Lovett Grocery Company or

Georgia recommends leniency and states that he

believes,"that Martin was only a look-out~Judge E.

Pom.eroy,the trial Judge,states"~ consideration

extended this man meets my approval."Cammuted Sep-

tember 20, 1934.

MoNDAY, JANUARY 21, 1935.

229

VIOLA WILLIS: Bulloch County Superior Court January term 1932; Assault to murder; 7 years;Clemency is recommended tor her by the trial Judge, Solicitor General,Clerk,Sheriff and Ordinary of Bulloch County; Commuted September 27, 1934.

GEORGE CLARK: Fulton County Superior Court;Nov-

ember term 1932;Shooting at another; 2 to 4 years

and 12 months; Clemency is recommended by one or

the prosecutors, warden al recommends parole at

and the

gcoumaprdles~1Sioonli

cit or

or-Gen the mi

er ni

-

mum felony sentence; October 1, 1934,when commuted.

GEORGE PROCTOR: Monroe County Superior Court; August adjourned term 1932; Sh~oting at another; 4 years; Clemency is recommended by the main prosecuting w1tness,by all or the trial jurors in the State and the Warden; Commuted October 6, 1934.

CHARLEY WIMBERLY: Houston County Superior Court; April term 1925; Murder;Life; Clemency is recommended tor him by trial jurors,County Commissioner~ county officials,warden and others and is not opposed by the Solicitor General; Commuted October 8, 1934.

DAN WHITLEY: Berrien County Superior Court;September term 1928; Murder; Life; Clemency is recommended for him by all or the trial jurors,by grand jurors,County Commissioners and county officials or Berrien County,wardens and guards,relatives of the deceased,several hundred citizens of Berrien and Irwin counties and the Solic1tor-General;Co~ muted October 10, 1934.

R01'" WILKERSON: Haralson County Superior Court;

January term 1932; Manslaughter; 15 years; Clemency

is recommended by the Solicitor-General,Grand juror~

Trial Jurors,County Officials,Warden and Guards;

trial Judge states he desires to enter no objections

to clemency; Commuted October 10, 1934.



ED BRYANT: Fulton County Superior Court; January term 1933; Burglary; 2 to 4 years; Clemency is re-

230

JouRNAL OF THE SENATE,

commended by the trial Judge,Warden and a number of citizens; Commuted October 10, 1934.

JIM AYERS: Habersham County Super! or Court; August term 1932; Rape; 5 to 15 years; Clemency is recommended for him by the prosecutor,trial Judge, Sol1c1tor-General,County off1c1als,warden and others; wife and 5 small children in neeq or his support; Commuted October 10, 1934.

CLINE BAILEY: Fulton County Superior Court; l'1ay term 1932; Forgery; 3 to 5 years; Clemency recommended by the warden under whom he has served,and Mr. H.E. Maughon,the party whose name was forged; Commuted October 10; 1934.

DICK TONEY: Muscogee County Superior Court; May

term 1933; Larceny auto; 2 to 5 years; Clemency is

recommended for him served; a number of

rbeyspthoensWibalredenc1ut1nzdeenr sW,Jhuodmgheec.

F. McLaughlin,the trial Judge; Commuted October 11,

1934.

PAUL CURRIER,alias 11Snag": Fulton County Super.;.. tor Court; September ter.n 1929; Robbery; 7 to 12 and 7 to 12 years; (Prison Commission reconunends parole as to first sentence and pardon as to second) Clemency is recomnended for him by the Warden and guards; County Physicia.n,party who was robbed and others;Commuted October 11, 1934.

ELLIOTT LANIER: Bulloch County Superior Court; January term 1932; Assault to Murder; 2 to 3 years; Clemency is recommended for him by the prosecutor, trial Judge,Solicitor-General,Warden and others; Commuted October 11, 1934.

WILLIAM HENRY DELOACH: Chatham County Super! or Court; December term 1913; Murder; Life; Clemency is recommended for hin:. by county officials and others or Coweta County; Commuted October 11, 1934.

LOUIS SHELLEY: Randolph County Superior Court; November term 1923; Murder; Life; Clemency is re-

MoNDAY, JANUARY 21, 1935.

231

commended !or him by the County Commissioners of

Randolph County,Warden under whom he is serving,

trial jurors,county officials and others; Commuted

October 11, 1934.



WINFRED TURMAN: Franklin County Superior Court; March Adj term 1933; Vel-Manslaughter; 2 years; Clemency is recommended by all o! the trial jurors, warden,!ormer county policemen and others; Commuted October 13, 1934.

CLARA LUMPKIN: Muscogee County Superior Court; February term 1933;- Vel-Manslaughter; 4 to 8 years; Clemency is recommended !or by the trial Judge, Warden under whom he served and others; Commuted October 15, 1934.

ED.alias ALVA EDRINGTON: Fulton County Superior Court; September term 1930; Sodomy; Life; Clemency is recommended !or him by a number of parties who state that his previous record was good,Warden, Guards and Chairman of the county Commissioners of Oconee County; Commuted October 16, 1934.

WILL LYONS: Carroll County Superior Court;April term 1933; Burglary; 2 to 3 years Clemency is recommended by the trial Judge,soiicitor-General, prosecutor,Warden,county officials ru1d others; Commuted October 16, 1934.

LIBBY NEWSOME: Toombs County Superior Court; May term 1933; Burglary; 2 to 3 years Clemency is recommended by the trial Judge,Solicitor-General, prosecutor and county officials; Family in.destitute circumstances; Commuted October 17, 1934.
W.M.BOWENS: Coweta County Superior Court;March term 1933;Burglary;3 to 5 years;Clemency is recommended !or him by the Warden,Chairman and Clerk of County Commissloners,Clerk o! Superior Court,Sher1!! and Deputy Sher1f~;Commuted October 19,1934.
R.H. COOPER: Bibb County Superior Court; May term 1933; Robbery 3 to 7 years; Clemency recommended !or him by the Superintendent,warden and

232

JouRNAL oF THE SENATE,

guards and chief of police Watkins at Macon,Detective Bowden and others; Commuted October 19, 1934.
JOHN HODO: Coweta County Superior Court; September term 1933; Receiving stolen goods; 2 to 3 year~ Clemency is recommended by county officials,trial jurors,warden and citizens; Commuted October 19, 1934.
ALBERT COOPER: Dodge Superior Court; November term 1932; assault to murder; 5 to 10 years; recommended by trial jurors,County Commissioner and Sheriff; commuted October 24, 1934.
A.B.(BERNARD)GORDY: Taylor Superior Court;October adjourned term 1929;Murder; Life; Clemency recommended by officials under whom he served, trial jurors,county officials;the principal witness in the case,and a number of responsible citizens of Taylor County; commuted October 24, 1934.
ELTON STROBRIDGE: Jenkins County Superior Court, September term 1922; murder; life; good prison record; clemency recommended by trial judge, Solicitor-General,Warden,County Comrrdssioners and others; commuted October 24, 1934.
HEYWARD HOLLIDAY: Jenkins County Superior Court; September term l923;life; served more than 11 years with good prison record; clemency recommended by Warden,County Comrr:dssioners,trial Judge and Solicitor-General; Commuted October 24, 1934.
LEVI CAPE: Pickens County Superior Court; April 1930,December term 1932; murder,burglary; sentenced life 10 and 20 years; clemency reco~ended by trial jurors,Solicitor General,Warden and guard; Trial Judge has no objections; Commuted October 24, 1934.
L.L.CHADWICK: Fannin County St'!.perior Court;August term 1933; burglary; 1 to 2 years (paroled 67-33 by Governor on a sentence of 3 to 5 years) clemency recommended by Wardens and officials,Sol-

MoNDAY, jANUARY 21, 1935.
tcitor-General,trial Judge and others; commuted October 25, 1934.
ROBERT HARDY: Taylor County; Superior Court; October term 1927; burglary; 10 to 15 years; good prison record recommended by Warden,County Commissioners; county officials where applicant is serving and they state he is not strong physically and is blind in one eye; conm1uted October 25, 1934.
ANDERSON FRANKLIN: Cobb,County Superior Court; March t~rm 1915 and 1918;burglary; 15 and 15 and 10 years; clemency recommended by present warden and a former warden under whom he served for eight years, both state his record has been good; also recommended by the trial Judge; commuted October 25, 1934.
OTIS DUKE: Henry County Superior Court;Septernber term 1931; val-manslaughter; 10 to 20 years; good prison record; clemency recommended by Warden, County officials,County Commissioners and large number of citizens Henry County; clemency is not opposed by the Solicitor-General and trial Judge; commuted October 25, 1934.
SAM AUSTIN: Polk County Superior Court;September term 1933; burglary; 3 to 5 years; clemency is recommended by trial Judge,Solicitor General prosecutor,County Commissioners and Warden and guards; Commuted October 25, 1934.
JOE FRAZIER: Fannin County Superior Court;August term 1933; manslaughter; 10 to 15 years; Clemency recommended by the prosecutorJbrother o~ the deceased,by wife of the deceased,large number of citizens and county officials of Fannin County,Warden, and is not opposed by the Solicitor-General;Wife and five sr.1all children in destitute condition. Commuted October 25, 1934.
CHARLIE CONE: Miller County Superior Court;April term 1932; assault to murder; 6 to 8 years; good prison record; recommended by trial jurors,Warden, and large number of responsible citizens; commuted October 30, 1934.

234

JouRNAL oF THE SENATE,

B.J. HILL: Worth County Superior Court; May term 1929; vol-manslaughter; 20 years; clemency recommended by Solicitor-General,County Commissioners, County Otticials,and others; Commuted November 8, 1934.
DAVE CHISHOLM: Spalding County Superior Court; June term 1933; robbery; 4 yrs; reconmended by Deputy Warden and trial Judge recommends clemency; Solicitor General also concurs in recommendation; connnuted November 9, 1934.
AMOS WALKER: Upson County Superior Court;Spring term 1926; murder; lite; good record; clemency recommended by trial jurors and Warden;commuted November 14, 1934.
GEORGE HILL: Clarke County Superior Court; January term 1933; assault to murder; 2 to 3 years; clemency recommended by Warden,trial Judge and Solicitor-General states he has no objections;Commuted November 14, 1934.
DAVE DURHAM: Berrien County Superior Court; Fall Term 1926; Vol-manslaughter; 15 to 20 years; recommended by trial Judge,Solicitor-General,Warden and guards; county Commissioner and county officials; commuted November 14, 1934.
HENRY JOHNSON: Fulton and Gilmer Counties; November term 1929 and May term 1932; robbery; felony; 4 years; 2 years,concurrent; recommended by trial Judge,Warden and others; commuted November 14,1934.
GEORGE RUCKER: Hall County SUperior Court; July term 1933; larceny or cotton; 2 to 3 years; good record,recommended by trial Judge; commuted November 14, 1934.
BROOKS MINCHEW: Clinch County Superior Court; October term 1926; murder; lite; clemency recommended by Solicitor-General,trial Jurors; county otticialsi Warden and trial Judge; commuted November 14, 11134.

MoNDAY, JANUARY 21, 1935.

235

VIVIAN HUDSON: Warren County Superior Court;october term 1931; murder; life; good record and recommendations in file; commuted November 15, 1934.
NEWTON BUCK: Fulton County Superior Court;Ma.rch term 1934; robbery; 2 to 4 years; good prison record; recommended by trial Judge and Special Agents of Ga. Power Company; commuted November 15, 1934.
T.H. BAILEY: Spalding County Superior Court;June term 1933; robbery; 4 years; recommended by Solicitor General,trial Judge; Sheriff and Deputy Sheriff and others; commuted November 15, 1934.
MORRIS MIMS,alias "TOOTSIE" MIMS: Dougherty County Superior Court; September term 1931; 10 years to 10 years and 1 day; clemency recommended by Warden and guards,county officials trial jurors and other responsible citizens; commuted November 19, 1934.
MORGAN CRAWFORD: Floyd County Superior Court; August term 1929; vel-manslaughter; 10 to 15 years; good record; clemency recommended by Judge C.F. McLaughlin and Warden; commuted November 21, 1934.
EMMETT CULPEPPER: Thomas County Super! or Court; April term 1933; vel-manslaughter; 20 years; clemency recommended by foreman of jury,Coroner;Warden, Sheriff,Clerk of Court,County Clerk and others; commuted November 21, 1934.
DUDLEY BENNING: Chattahoochee County Superior Court; March term 1933; assault to murder; 2 to 10 years; young negro 20 years of age; clemency is recommended by the party with whom he had the difficulty; also the father of party involved,and by responsible citizens of Chattahoochee; commuted -November 23, 1934.
JOHN H. TALMADGE: Monroe County Superio:r Court; August term 1933; burglary; 3 to 5 years; clemency recommended by County Cammissioners,prosecutor; Warden; trial Judge and Solicitor-General do not oppose clemency. Commuted November 28,1934.

236

JouRNAL oF THE SENATE,

THEODORE MONEY: Floyd County Superior Court; July term 1933; burglary; 3 to 4 years; clemency recommended by prosecutor,warden and guards,Solicitor-General,County officials and others; has wife and two small children in destitute circumstances; commuted November 28, 1934.
HENRY ANDERSON: Chatham County Superi9r Court; July term 1924; vel-manslaughter; 15 years; applicant's good prison record; commuted November 28, 1934.
SID MAGBY: Floyd County Superior Court;January term 1925; murder; life; good prison record; clemency recommended by Solicitor-General, a number of responsible citizens of Floyd County; Warden;commuted December 7, 1934.
TOM BALDWIN: Cherokee County Superior Court; August term 1933; larceny; 2 to 3 years; goo~ prison record; clemency recommended by prosecutor, Warden and guards,County officials and others; commuted December 12, 1934.
T.B. MAPP: Fulton County Superior Court; September term 1933; larceny auto; 1 to 5 Stnd 1 to 5 years(and 3 concurrent cases); clemency recommended by trial Judge and Asst. Solicitor-General,parties Whose cars were stolen and others; commuted December 12, 1934.
BOB AND MATT KISER: Paulding County Superior Court; August term 1933;assault to murder; 3 to 5 years,and 1 to 2 years each; clemency recommended by wardens,trial Judge,the uncle of one of the prosecutors in case;trial jurors,and a large number of responsible c!tizens of Paulding County;Commuted December 12, 1934.
HARRIS HARRELL: Coffee County Superior Court; October term 1929; murder; life; clemency recommended by all trial jurors,Sheriff,Ordinary,County Commiss1oners,Clerk of Court,Judge City Court;and trial Judge does not oppose; commuted Dec. 17, 1~

MoNDAY, JANUARY 21, 1935.

Z37

FRANK ELMORE: Laurens County Superior Court;

November term twice and has

r1e9c3e3n; tblyankbereonbbcoernyv;ic1te0dyienartsh;eeusc.asp.ed

District Court and sentenced to 10 years,and it is

recommended that he be paroled as to his sentence

tihnethseenGteenocregsiainPetnhieteun.tsia. ryPeinnitoenrdtiearr

he y;

may serve commuted

December 17, 1934.

WILL REDDICK,alias SAMBO: Jenkins County;Superior Court; September term 1925; murder; life;clemency recommended by trial Judge,Solicitor-General, Warden,County Commissioners and others; commuted December 18th, 1934.

WitL JACKSON: Randolph County Superior Court; Nay term 19Z3; murder; life; served with good prison record for more than 10 years actual service; clemency recommended by a member of the Jury and Grand Jury; commuted December 18, 1934.

R.G. CURRINGTON: Talbot county Superior Court; September term 1926; murder;life; served more than seven years with good prison record; clemency recommended by the Widow of the deceased,SolicitorGenera1, County officials, Wardens and officials under whom he has served; commuted December 18, 1934.

H.w. ANDREWS: Bacon County Superior Court;May
term 1933; val-manslaughter; 3 to 5 years; clemency recommended by Ordinary,clerk of Court,Sheriff, officials under whom he has served,all trial jurors, grand jurors; Judge Bacon County Criminal Court and a number of other responsible citizens; commuted December 20, 1934.

JOHN MCCASTOR: Muscogee County Superior Court; Fall term 1927; val-manslaughter; 10 to 14 years; Good prison record; clemency is strongly recommended by Warden,and.Sher1ff; commuted December 21, 19~

BEN JONES: and July term

Fulton County 1926; larceny

Superior of auto;

C2 otuort5

March and 2

238

JouRNAL or THE SENATE,

to 4 years; began service April 18, 1926,and escap-

ed ser

vJeudlyu1n6t1i

1926,rec l October

aptur 24,

ed August 1926 and a

7, ga

i

1926; then n escaped

and remained out until October 9, 1930,since which

time he has served with good prison record,or more

than the minimum of each ot his sentences; commuted

December 22, 1934.

RAYMOND YARBOROUGH: Ware County Superior Court; May term 1933; robbery; 2 to 10 years; clemency recommended by trial Judge and warden; also a number of citizens ot N.C. where applicant's mother lives; commuted December 22, 1934.

CARLOS WHITFIELD: Emanuel County Superior Court; April term 1927; murder; lite; clemency recommended by trial Judge,Solicitor-General,prosecutor,warden and trial jurors; commuted January 3, 1935.

OSCAR MOONEY: Muscogee County Superior Court; November term 1933; burglary; 3 to 10 years; good prison record,youth ot applicant; clemency recommended by trial Judge and others; applicant mother is in a pitiable condition; commuted January 91
1935.

HORACE FIELDS: Coweta County Superior Court; March term 1932; burglary; 3 to 5 years; clemency recommended by Judge,Solicitor General,prosecutor, Warden and a large number of citizens; commuted January 9, 1935.

WATT KELLY: Coweta County Superior Court;September term 1932; robbery; 4 to 7 years; youth of appl1cant,good record; clemency recommended by wardens and officials under whom he has served; commuted January 9, 1935.

HOMER ECHOLS: Heard County Superior Court; September term 1932; manslaughter; 7 to 10 years; good prison record; clemency recOIIDnended by trial jurors; county oft1c1als,otf1cials under Wham he has served and others; commuted January 9, 1935.

MoNDAY, JANUARY 21, 1935.

239

JOE ODUM: Coffee County Superior Court; October 1922-0ctober Adjourned term 1933; burglary; felony; 3 to 7 years and 4 years; clemency recommended by county off1c1als,county comm1ss1oners,prosecutors, warden under whom he has served,trial Judge and others; family in very needy circumstances; commuted January 9, 1935.
LONNIE THORNTON: Madison County Superior Court; September term 1933; voluntary manslaugh~er; 2 to 3 years; youth of applicant; clemency recommended by county commissioner,county physician,warden and guards,trial Judge,Solicitor-General all trial jurors now residing in state; commuted January 9, 1935.
OSCJI.R DUT'l'ON: Fayette County Super! or Court; July term 1925; murder; life; clemency recommended by Hon. J.W. Culpepper,Senator C.D. Redwine,wardena guards,foreman of grand jury,Ordinary and others; commuted January 9, 1935.
BIRDIS HUNTER: DeKalb County Superior Court; September term 1932; assault to murder; 5 to 7 years; good prison record; recommended by Warden and trial Judge has no objection to parole; commuted January 9, 1935.
WALTER KIRBY: Evans County Superior Court; October term 1932; Manslaughter; 5 years; clemency recommended by Sheriff,Ord1nary,Chairman Evan County Commissioners; Clerk of Court,other county offic1als,warden and guards trial jurors,trial Judge, Judge City Court of Claxton and others; commuted Decenmer 14, 1934.
HENRY COPLIN, alias BEAR COPLIN,alias HENRY COKER: Early County Superior Court; murder; life; good record; recommended by trial Jurors,Warden and County officials; commuted January 11, 1935.

240

JouRNAL oF THE SENATE,

COMMUTATIONS ALL COMMUTATIONS RECOMMENDED BY PRISON COMMISSION
EXCEPT WHERE STATED. BOB & HERBERT SMITH: Fannin County Superior Court; April .1932; Burglary; 1 year; The Prison Commission recommends Commutation to present service. Needy circumstances,recommended by a number of citizen~,the trial Judge whatever action taken will be satisfactory with him; Commuted January 17, 1933. R.M. HOUSE: Elbert County Superior Courti July term 1932; Val-Manslaughter; 1 to 2 years; rtecommended by the trial Judge,trial jurors,Citizens and County officials of Rabun County Citizens from Habersham,Elbert and other Counties; Commuted January 19, 1933. ROBERT BRYANT: Chattooga County Superior Court; February term 1931; Murder; Death; 18 yrs of age when crime was committed. Metally and physically defective,son of an epileptic mother. The trial Judge-" A person cannot provoke a difficulty and then take the life of another and then justify the act." "Life imprisomnent" .; Commuted Feb. 21, 1933. The Prison Commission declines to recommend clemency. VIRGIL MCBURNETT: Floyd County Superior Court; January term 1932; Burglary; 1 year; Wife and small children Who need him. Recommended by the Solicitor-General and others; Commuted Feb. 9, 1933. RICHARD WILLIAMS: Whitfield County Superior Court; July term 1930; Murder Life; Re9ammended by the trial jurors,Judge and soiicitor-Genera.l and Warden; Conmruted January 26, 1933. WALLACE HUGHES: Fulton County Superior Court; July term 1932; Murder; Death; Deserted by drunken father,mother forced to go out and find work,little or no home tratnlng,evil surroundings. "Life 1m-

MoNDAY, JANUARY 21, 1935.

241

prisonment." Not recommended by Prison Commission. Commuted Feb. 9, 1933.
JEFF BENEFIELD-: Jefferson County Superior Court; November term 1932; Assault to Murder; 2 years; Clemency recommended by trial jurors,tria~ Judge and Solicitor-General. Broke leg While serving sentence. Commuted Feb. 16, 1933.
HENRY WADE: Fulton County Superior Court; May term 1932; Burglary; 1 year in three concUITent cases; Recommended by the trial Judge and the Warden; Commuted January 31, 1933.
THEODY HOWARD, alias MILLER: Pierce County Superior Court; April term 1929; Simple Larceny; 5 to 10 years; Recommended by the trial Judge,SolicltorGeneral,Warden,County Commissloner,Prosecutor and others; Commuted Feb. 3, 1933.
WILL D. KING: Meriwether County Superior Court; February term 1932; Mfg. Whiskey; 2 to 4 years; Recommended by Judge,Solicitor-General,County Officials and Warden; Commuted Feb. 3, 1933.
TOM COLE: Colquitt County Superior Court;October term 1931; MUrder; Death; Recommended by 11 of the trial jurors,l2th one dead,the Judge; Solicitor-General Sheriff, Deputy Sherlft,Chief of Police and others; Commuted February 2, 1933. "Life nnprisonment."
MANNING O'NEAL: Laurens County Superior Court; July term 1930; Murder; Life; Recommended by the trial Judge,Solicitor-General,County Officials, Foreman of Jury and Wardens. Poor health; Conmruted Feb. 1, 1933.
CHAS. A. CANNO~: NeWton County Superior Court; January term 1932; Embezzlement; 2 to 3 years; Recommended by trial Judge,Solicitor-General,Warde~ County Officials and others; Commuted Feb. 20,1933.
OSCAR JACKSON: Fulton County Superior Court;

242

JouRNAL OF THE SENATE,

January term 1932; Burglary; 1 to 3 and 1 to 3 years; Recommended by the trial Judge,Warden and others. 18 yrs. when convicted; Cormnuted Apr11 6, 1933.

WILLIE EVERICK, alias EDWARDS: Bibb County Superior Court; ~Y term 1925; Burglary; 2 cases,escaping; 3 to 4 ; 4 to 5 and 4 years; Good prison eight years,and recommended by the Warden,Judge and Solicitor-General; Commuted April 6, 1933.

MAX CALDWELL: Floyd County Superior Court; July term 1931; Larceny from house; Sentenced 3 to 4 yrs; Recommended by the prosecutor,Solicitor-General,and number of citizens,Officials and Warden. Poor health; Commuted April 6, 1933.

JOHNNIE STRICKLAND: Tattnall County Superior Court; October Adj. term 1930; Mfg. whiskey; 1 to 2 years; Recommended bythe Judge, Solicitor-General,Jurors,County Officials and citizens. A needy family; Commuted April 6, 1933.

R.W. STRIBLING, alias ROY RAYMOND, alias R.S. JACKSON: Fulton County Superior Court; November term 1926; felony; 1 to 3,3 to 5 and 3 to 5 years; Served 6 years; Commuted April 4, 1933. Not recommended by Prison Commission.

S.H. HOBGOOD: Gordon County February term 1932;

(no term of court given)Misdemeanor; 12 months;

WreciofemmanedndfeadmbiylyRdeevp. eGndeeon. tvu.poCnrowhiem; ,

and clemency is Commuted April

4, 1933. Not recommended by the Prison Commission.

T.M. WOFFORD,alias JACK MARTIN, alias F.W.BROWN:
Fulton & DeKalb Counties Superior Court; Fall term
1931; Robbery; 5 years and 2 years; Clemency recommended by the Warden,prominent citizens,including Hon. Albert J. Woodruff,M.D.Col1ins and others. 16 yrs. of age at time of conviction; Commuted March 30, 1933.

MARY PETERSON: Fulton County Superior Court;

MoNDAY, JANUARY 21, 1935.

243

July term 1932; attempt to cormnit perjury; 1 to 2 years; Clemency recommended by the trial Judge,Hon. Virlyn B. Moore; Commuted March 30, 1933.

RUTH WRIGHT: Fulton County Superior Court; July term 1932; Attempt to commit perjury; 1 to 2 years; Clemency recommended by the trial Judge,Hon. Virlyn B. Moore; Commuted March 30, 1933.

JOE GROVES: Thomas County SUperior Court; Murder; Death; October term 1931; The record fails to show postively the identity of the man. In my opinion if Joe Groves is the man who committed the crime,it was manslaughter and not murder under the circumstances. "Life Imprisonment." Connnuted March 21, 1933. Not recommended by the Prison Commission.

NEHEMIAH FRENCH: Lee County Superior Court;March term 1920; Manslaughter; 19 to 20 years; Clemency recommended by those under whom he served; Commuted March 15, 1933.

LIONEL December

WM. NASH: term 1927;

LFuarlctoennyCoofunAtyutSo;up1ertioor2Caonudrti

to 2 years; Recommended by the Judge and Solicitor-

General and others; Commuted March 15, 1933.

EARL MANCHESTER: Bibb County Superior Court; Murder; Death by electrocution; 19 years old at time crime was commited. The jury found both ~ilty and both should receive equal punishment.
Life Imprisonment;" Commuted April 20, 1933.

HOMER HIGH: Coffee County Superior Court;March term 1932; Bigamy; 2 years; Clemency recommended by Clerk of the Superior Court; Ordinary,Sheriff, County Commissioners,County Attorney,Trial Judge and responsible citizens; Commuted April 12, 1933.

W.B. STROUP: Upson County Superior Court;March term 1932; Larceny of auto; 1 to 3 years; Dependent family; Commuted April 20, 1933. Prison commission declined.

24.4

JouRNAL OF THE SENATE,

WALTER I1CINTYRE: Floyd County Superior Court; October term 1931; 2 to 4 years; Burglary; Walter Mcintyre should be released from custody so that he may obtain treatment for this disease,(tuberculosis). ConYnuted April 18, 1933. Not recommended by Prison Commission.
ROBERT CHEEK: Floyd County Superior Court;April term 1932; Assault & Battery; 12 months term followed by 6 months in jail; Worthy of trust while a prisoner in the Floyd County Stockade. Served 12 months of an 18 months sentence; Commuted April 17, 1933. Prison Commission did not recommend.
E.D. COLEMAN,alias ELMER OWEN: March term 1927; DeKalb & Fulton Counties Court; Misdemeanor; forgery-felony; 12 months; 2 to 5 years in 4 cases; 1 yr. in 8 cases; Clemency recommended by the trial Judges,county officials and Warden; Commuted April 13, 1933.
ASA ELh~D: Gwinnett County Superior Court; March term 1932; Making beer; 1 yr. Poor health. Recomm~nded by the trial Judge,Sheriff,County Physician,Foreman of the jury,County Commissioners, Warden and number of citizens; Commuted April 13, 1933.
INMAN STREETMAN: Forsyth County Superior Court; August term 1932; Felony; 1 to 2 years; The trial Judge and Solicitor-General recommend Clemency; Commuted April 13, 1933. Not recommended by Prison Commission.
ALVAN GLAZE: Fulton & DeKalb Counties Superior Court; Fall term 193l;Larceny of auto; Various terms; 17 yrs. of age and T.M. Wofford,a co-defendant,was 16 yrs. at the time these crimes were committed; Clemency extended Wofford on March 30, 1933 on account of age; Commuted April 13,1933. Not recommended by Prison Commission.
SAM F. AIKEN: Fulton Co. Superior Court; July term 1929; Murder; Death; Recommended by trial

' MoNDAY, JANUARY 21, 1935.

245

jurors! large number of citizens who state that he was a aw abiding citizen while living in Texas; Connnuted April 20, 1933. "Life Imprisonment"
WILLIE MAYNARD: Bibb County Superior Court;April term 1925; Burglary; 10 yrs. and 10 to. 20 yrs;Good prison for practically 8 years and youth at time of conviction; Commuted April 20, 1933.
CLARK HELTON: Fulton County Superior Court; January term 1932; Seduction; 2 years Clemency recommended by the trial Judge,Solici{or-General Warden and Deputy Warden and a number of citizens; Commuted April 25, 1933.
GORDON HARPER,alias WILLIAM HARPER: Fulton County Superior Court; September term 1932; Larceny of Auto; 1 to 5 years; Recommended by the trial Judge; Commuted April 27, 1933.
F.M. POWELL: DeKalb County Superior Court;March term 1931; Bigamy; 2 to 5 yrs; Recommended by the Solicitor-General; Officials Prosecutors,citizens in order that he may receive Govtt hospitalization; Commuted April 27, 1933.
HENRY JACKSON, alias HENRY LEBOARDE: alias RIGLER: Fulton Superior Court; April term 1924; Burglary; 15 to 16 years; Clemency recommended by the Ordinary and the warden; Commuted April 28, 1933.
RAYMOND SCOGGINS: Bibb County Superior Court; November term 1919; Murder; Life; Evidence entirely circumstantial. Solicitor-General does not oppose clemency, Wardens state that his prison record has been excellent and recommends Clemency for him; Commuted Apri.l 28, 1933. Not recommended by Prison Commission.
CLIFFORD GRISWELL: Clayton County Superior Court; February term 1933; Mfg-liquor; 1 year; Recommended by the trial Judge,wife and small children destitute; Commuted April 29, 1933.

246

JouRNAL oF THE SENATE,

FLOYD WRIGHT: Fulton County Superior Court; November term 1932; Burglary; 21 to 4 years. Clemency recommended by the trial Judge,Solicitor-General and the prosecutor; Commuted May 1, 1933. Not recommended by Prison Commission.

GILLIAM HOLMAN: Fultc;n County SUperior Court;

October term 1928; Burglary; 5 to 10 years in 3

cases; Clemency recommended by the trial Judge,

citizens and will be employed upon release; Co~

muted May 2, 1933. .



JESSE STARNES: Fulton County Superior Court;

September term 1931; Assault w:tth intent to murder;

2 to 4 years; Good prison record,last stages or

tuberculosis. He is tain treatment at a

uan.se. xH-soesrpviitcael

man and can better than

obin

-

prison; Commuted May 4, 1933. Not recommended by

Prison Commission.

ROBERT SEALS: Clayton County Superior Court;

August term 1932; Burglary; 1 year; Older brother

admits he was entirely to blame in Robt. Seals act,

he is weak mentally; Judge Hutcheson recommends

clemency; Commuted May 4, 1933. Not recommended by

Prison Commission.



J.c. EVANS: Fulton County Superior Court; Novem...; ber term 1931; Larceny or Auto; 12 months to 2 yrs. in 2 concurrent cases; Clemency reconm1ended by those under whom he has served,not opposed by the Solicitor General. Wife and Child sick and need him; Commuted May 4, 1933.

GEORGE c. HACK: Chatham County Superior Court;
March term 1930; Burglary; 9 to 10 yrs; Clemency recommended by prosecutors,prosecuting attty and officials under hom he served; Commuted May 5, 1933.

JOE DAVIS: Lam1des County Superior Court; May term 1931; Murder; Death; Recommendation or the Solicitor-General and the trial Judge;Cammuted May 8, 1933.Not recommended by Prison Commission.

J.R.MCDOW: Troup County Superior Court;May term 1932;Murder;Death;Recommended by c1tizens,trial jurors and conditions of his home life good; Cammuted May 9,1933.

MoNDAY, JANUARY 21, 1935.

247

NOLAN RABERN: Fulton County Superior Court;November term 1932; Larceny-Auto; 1 to 5 years; Services badly needed at home,tather paralyzed; Cammuted May 10, 1933.
JOHN WHITEHEAD: Fulton County Superior Court; March term 1932; Carr,ying a pistol without license; 8-months; Recommended by previous employer;Commuted May 15,1933.Not recommended by Prison Commission.
ALBERT PIKE: Dooly County Superior Court; November term 1932; Burglary; 1 to 2 yrs. Recommended by the Solicitor-General; Commuted May 16, 1933.
:MRS. OLLIE JUSTICE: Fulton County Superior Court; September term 1923; Murder; Lite; She and her daughter will be well provided tor under conditions that will make it possible tor her to live a useful lite; Commuted May 24, 1933. P.c. declined.
H.L. (Harry)ARRENDALL: Fulton County Superior Court; March term 1928; Robbery; 5 to 10 years in 6 cases; Recommended by citizens and Officials and the trial Jud~e,Hon. Jno. D. Humphries; Commuted May 24, 1933.
PAULINE PARTAIN: Fulton County Superior Court; May term :1.925; 3 to 5; 3 to 5; and 3 to 5 years; Robbery; Three men convicted at the same time tor the same offense have been released; Commuted May 24, 1933.
RED CRAIG: Pike County Superior Court; July term 1931; Aiding a prisoner to escape; 3 years; In view o! the present physical condit~on o! Red Craig, Judge Wm. E.H. Searcy,Jr., the trial Judge recommends that this sentence be commuted to a fine of $100.00; Commuted May 25, 1933. Not recommended by Pri.son Conmission FRED PROPES: Fulton County Superior Court; November term 1930 Robbery; 4 to 10 years; Youth and distress of mother; Recommended by the trial Judge; Commuted May 26, 1~33. Not recommended by Prison

248

JouRNAL oF THE SENATE,

Connn1ssion. JAMES SIGMAN: Clarke County Superior Court;Nov-
ember term 1932; ~sdemeanor; 12 mos. Recommended by the Sheriff and best people in Mansfield,Ga. 17 years of age. Commuted May 26, 1933. Not recommended by the Prison Commission.
H.B. WILSON: Fulton County Superior Court; Jan-
uary term 1931; Robbery; 5 to 10 & 5 to 10 years
Recommended by officials and a number of reputable citizens; not opposed by the Solicitor-General,nor by Judge V1rlyn B. Moore,the trial:Judge; Commuted May 27' 1933.
W.H. GILLIAM: Richmond County Superior Court October Term 1931; Robbery; 7 years; Family destitute,recommended by Solicitor-General and Cashier of Farmers Bank, Blythe,Ga, and a number of citizens and officials; Commuted June 20, 1933.
THOt~S BRYANT: Stewart County Superior Court; October term 1931; Burglary; 1 to 2 and 2.to 4 years; Recommended by a number of white citizens who state that his family is destitute; Commuted June 21, 1933.
GEORGE SMITH: Clay Cmmty Superior Court;March term 1933; Murder; Death; Clemency recommended by grand jurors, jurors and citizens. The Judge and Solicitor-General do not object; Commuted June 24, 1933.
JEFF MAYS: Atlanta Criminal Court; Case No.
113404 & Case No. 114844; $500.00 each on two counts & $1,000.00 & 12 months in other case; Possessing
whiskey; Commutation to fine of $150.00 1n each case; while intoxicated ran over a little girl; Commuted June 13, 1933.

G.A. LYDA: Cobb County Superior CourtiSeptember term 1932; practicing without license; lG months on the cha1ngang; 6 months in jail and payment of fine of $500.00; petition signed by many of the

MoNDAY, JANUARY 21, 1935.

249

citizens of Cobb and other counties asking clemency in his case; commuted June 28, 1933; not recommended by Prison Commdssion.
GENERAL STEVENSON: McDuffie County Superior Court; September term 1932; violation of prohibition laws; fine of $250.00 or 12 months at State Farm; recommended by people McDuffie County;family destitute; cammutation granted on payment of $50.00 fine; commuted June 28, 1933; not recommended by Prison Commission.
GUY WINGARD: DeKalb County Superior Court ;March term 1930; robbery; 3 to 5 years concurrent; recommended by large number of citizens Warden,not opposed by the trial Judge; commuted July 3, 1933.
FRET SMITH: Washington Superior Court; Fall term 1905; murder; life; recommended on account of age and extremely bad health; commuted July 3, 1933.
E.N.WILSON & Dr.H.T.HINTON: DeKa.lb County Superior Court; February term 1932; burglary; 1 to.3; 1 to 3; 1 to 3; 1 to 3; 2 to 4; 1 to 3; 2 to 4; and 2 to 4 years; a miscarriage of justice; commuted July 5, 1933; not recommended by Prison Commission.
F.L. MASON: Floyd County Superior Court;January term 1933; possessing liquor; fine of $150.00 and 12 months in chain gang and 6 months .in jail;Solicitor General snows that $100.00 was raised and paid to Solicitor-General; Commuted July 7, 1933; Prison Commission did not recommend.
HOWARD MORGAN: Fu1ton Super! or Court; March term 1929; larceny of auto; 2 to 5 years; 1 ~o 5; and 1 to 5 years; burglary and robbery; recommended by trial Judge; commuted July 7, 1933; not recommended by Prison Commission.
W.J. BELCHER: Thomas County Superior Court;October term 1924; assault to murder and misdemeanor; 8 years and 12 months to follow; age and physical condition very poor; commuted May 30, 1933 .

250

JouRNAL OF THE SENATE,

.J~ SIKES: Tattnall County Superior Court;Octoober term 1929; cattle stealing; 2 to 3 and 2 to 3 years; recommended by the Judge,Solicitor-General and trial Jurors; commuted July 10, 1933.
HOBART HIGDON: McDuffie County Super! or Court; September term 1932; violation of prohibition: $250.00 or 12 months at State Farm; recommended by Representative people McDuffie County; family destitute circumstances; commuted July 10, 1933; Not recommended by Prison Commission.
J.C.BUTLER,alias J.C.CHASTAIN: Fulton Superior Court; November term 193l;larceny of auto; 2 to 5 years and 2 to 5 years; recommended by Judge and Solicitor; commuted July 11,1933.
J.T.BROCK: Fulton County Superior Court; September term 1932; larceny of auto; 1 to 5 years; recommended by the trial Judge; Solicitor General and Warden and others; commuted July 13, 1~33.
JOHN HALL: Fulton Superior Court; January term 1931; burglary; 3 to 5 years; commuted July_l9, 1933.Employment promised if released immediately.
FRANK SEALS: Clayton Super! or Court; August term 1932; burglary; 2 years; trial Judge recommends clemency; commuted July 24, 1933; not recommended by Prison Commission.
RICH CARNEY: Lumpkin County Superior Court; Spring term 1931; misdemeanor; and arson; 6 months, 4 months in each of 4 cases, 1 to 2 years; recommended by trial Judge and Warden; commuted July 26, 1933.
:r.tARSHALL DURDEN: Fulton County Superior Court; September term 1932; possessing liquor; 6 months in one case and 3 months in one case; family destitute condition; commuted July 28, 1933; not recommended by Prison Commiss~on.
JOSEPH COSTELLO ,alias PINE BENSON: Alias JOE

MoNDAY, ]ANUARY 21, 1935.

251

HENRY HARRIS: Fulton and Bibb Counties Superior Courts; January term 1925,1929; robbery assault to murder; 4 to 5, 3 to 5 and 4 to 8, 4 to 7 and 2 to 5,10 and 1 to 5 and 10 years; Bibb County; recommended by Judge Humphries and Solicitor Boyk1n,poor health; good record; commuted July 28, 1933; not recommended by Prison Commission.
W.O. EDENS,alias CLYDE MCDONALD: Fulton County Superior Court; March term 1932; misdemeanor and robery; 12 months and 2 to 5 years; recommended by party whose auto was stolen; not opposed by the trial Judge; commuted July 28, 1933.
A.A. WALKER: Fulton County Superior court;Spring term 1927; Fall 1931; 5 to 8 years and 2 years; assault to murder; assault to murder; good prison record and poor health; commuted July 28, 1933.
ELLIS PICKETT: Berrien County Superior Court; March Adjourned term 1929; burglary; 6 to 10 years; clemency recommended by trial jurors,Solicitor-General,prosecutor and Sheriff,Warden,guards and others; commuted July 28, 1933.
J .c. GORMAN: Fulton County Superior Court May term 1932; robbery and assault & battery; 2 {o 3 years; and 12 months; recommended by trial jurors; Solicitor-General,prosecutor,dependent family; commuted July 28, 1933; Not recommended by Prison Commission.
ROBERT L. CROW: Franklin County Superior Court; April term 1930; manslaughter; 12 to 15 years; good prison recor~,poor physical condition; recommended by trial jurors citizens and not opposed by the Solicitor-General; commuted July 28, 1933.
MRS. CORA LOU VINSON: Fulton County Superior Court; October term 1922; murder; lite; Mrs.Vinson and husband had a great deal of the most serious domestic trouble. She had been grievously wronged by her husband and had extreme provocat1on,although the circumstances under which Dr. Vinson was killed

252

JouRNAL oF THE SENATE,

did not justify the act; she has made approximately 11 years; commuted August 3, 1933; not recommended by Prison Commission.
ZACK STUDSTILL: Dodge County Superior Court;November term 1932; burglary; 2 to 5 years; recorrnnended by prosecutor,County Cammissioner,Ordinary; Tax Collector,Sheritt and others; 2 physicians who know and have obs~rved applicant state that he has the mentality or a child; commuted August 3, 1933.
LEE A.KENNEDY: Washington County Superior Court; murder; lite; March term 1915; bas heart trouble; was out on parole but on account or accident with a pistol by Which his wife was spot in the toot his parole was revoked and he has made 3 years in the penitentiary since that time; commuted August 9, 1933; not recommended by Prison Commission.
RALPH RUMSEY: Stephens County Superior Court; January term 1932; assault with intent to murder; 1 to 2 years; recommended by trial Judge,Sheritt, Ordinary,County Commissioners,Clerk or Court and other otticers,citizens and Solicitor-General; tarrdly destitute; corrnnuted August 9, 1933; not recommended by Prison Commission.
JARRETT A. BENFORD: Commuted from death sentence to lite imprisonment by Hon. Clifford Walker; rape; April Special term 1924; Jones SUperior Court; the crime or which Johnson and Benford were jointly convicted was heinous,and it is perfectly natural tor popular indignation at the time to run very high against both detendants,due to the tact that they were traveling together at the time the crime was conm1tted; after careful study or all the evidence and surrounding circumstances,! am convinced that Johnson was the sole perpetrator or the crime, and that he alone was guilty in this case; and that Jarrett A. Benford was innocent or any wrong doing or intent to commit a crime; commuted August 12, 1933; not recommended by prison Commission.
ROY JOHNSON,alias L.C. Osburne: Fulton County

MoNDAY, jANUARY 21, 1935.

253

Superior Court; March term 1932; robbery; 4 years; recommended by Suptt. Dunaway; commuted August 12, 1933; Not recommended by Prison Cammission.
GUY DANIEL: Fulton County Superior Court; Novemterm 1930; burglary and larceny of auto; 3 to 5 years and 1 to 3 years; recommended by SolicitorGeneral;. commuted August 28, 1933.
CALHOUN POWELL: Chattooga County Superior Court; February term 1933; Misdemeanor; 12 mos. or 3 mos. and $250.00; It further appeared !rom petitions signed by several hundred citizens of Chattooga County, that clemency should be extended in this case,commutation granted on payment of fine $200.00; Commuted August 31, 1934. Not recommended by the Prison Commission.
HERMAN tJASDEN: Fulton County Superior Court;July term 1933; Burglary; Case No. 39778; 2 to 4 years; 16 yrs. of age and it appearing that the best interest of society wo~ld be served by his transfer to the Georgia Training School for Boys,Milledgeville; Transferred from the State penitentiary to the Georgia Training School for Boys to serve his sentence under the law and rules prescribed in cases of boys committed to the Georgia Training School to~ Boys; Commuted September 1, 1933. Not recommended by Prison Commission.
CHARLES HADEN and ROSS HATCHER,JR: Bibb County Superior Court; September Special term 1931; Rape; Death; The young woman who was assaulted has asked that the death penalty be cammuted,also the sister of the victim has asked that the death penalty be commuted. 10 trial jurors recommended clemency. Citizens,letters and petitions asking that they be commuted to Life imprisonment; Commuted Sept. 2, 1933.
JOHNIE LEONARD HICKS: Thomas County Superior Court; April term 1932; Burglary; 3 to 6 years; Clemency recommended by the Warden,officials,the

254

JouRNAL oF THE SENATE,

trial Judge and Solicitor-General; Commuted Sept. 2, 1933.

JOHN__L. RESPESS: Bibb County Superior Court; Fall term; Burglary; 2 years; His sister is sick,having t~ken poison. His mother has asked that he be Commuted or a11~1ed to take leave of absence for a few days; Commuted September, 2, 1933. Not recommended by Prison Commission:

CLINTON HUTCHERSON: Fulton County Superior Court; January term 1933; Larceny of auto; li to 2 years; Clemency recommended by the trial Judge; Commuted Sept. 11, 1933.

FRANK INGRAM: Clay County Superior Court; September term 1930; I1anslaughter; 6 to 10 years; Clemency recommended by the trial Jurors and trial Judge; Commuted Sept. 12, 1933.

ED. MACK: Brooks County Superior Court; May term

1933; case

IMaumrdsear;t

Death; isfied

From all the facts in that if attorneys for t

this his de-

fendant had expected to go to trial,and had had

their witnesses present, that the verdict of the

jury would not have carried more than a life sen-

tence. Had counsel appointed by the court; Commuted

to life imprisonment Sept. 12, 1933. Not recommend-

ed by Prison Commission:

SPENCER PRESSLEY: Jackson County Super! or Court; April term 1931; incestuous adultery; 5 to 10 yrs. Clemencyrecommended by all the trial Jurors, County Officials,the prosecutor and others,and is not opposed by the Judge and Solicitor-General; Commuted September 13, 1933.

LUTHER DAVIS: Coweta County Superior Court; March term 1931; Burglary; 5 to 7 yrs; Recommended by-the Judge and Sol1c1tor-General.Commuted Sept. 14, 1933.

CLAUDE CARNES: Floyd County Super! or Court; october term 1932; Attempted theft o~ auto; 8 months;

MoNDAY, JANUARY 21, 1935.

255

Probation on payment of $150.00 including costs; Wife in ill health,needed at home to gather crop, and clemency recommended by the Solicitor-General and assistant Solicitor-General; Commuted September 14, 1933.
B. STAFFORD: LOMldes County Superior Court; May term 1932; Murder; Death; Recommendations of the Sheriff and other good citizens that he be given life 1mpr1sGnment; Commuted September 16, 1933. Not recommended by Prison Commission.
J.B.HARRIS: Floyd County Superior CoUrt;Offense of Stabbing & Attempt to steal auto and sentenced to 12 months; Fine of $250.00 and costs,or 12 months; Recommended by Mr. Jno. A.Carlock,Warden, Hon.Jas.F.Kelley,Solicitor,and by R.M. Gibbons the prosecutor in this case; Commuted September 20, 1933. Not recommended by Prison Commission.
JOHN DOE,alias JOHN T. WARD: Fulton County Superior Court; March term 1929; Burglary; 5 to 7 years; Recommended by the trial Judge; Commuted September 21, 1933.
HENRY,alias HARRY,MILLER: Bibb County Superior Court; November term 1929; Forgery; 2 years; 2 years and 2 years; Recommended by the Solicitor-General, warden and officials and others; Commuted September 21, 1933.
P.M.(MARION)BENNETT: Colquitt County City Court; July term 1932; Misdemeanors; 12 months and 12 months; Commutation to present service on payment of $100.00 to include costs of court; Clemency recommended by a commutation to a fine by the trial Judge and County Commissioners,and family in destitute condition; Commuted September 21, 1933.
EULA ffiJNTER: Fulton County SUperior Court;September term 1932; Vel-manslaughter; 1 to 5 years; Recommended by the trial Judge and the SolicitorGeneral; Commuted September 23, 1933.

256

JouRNAL oF THE SENATE,

WILLIE EVANS: Hall County Superior Court; November tenm 1926; Vel-manslaughter and of robbery in Pickens County as set out below; 5 to 7 yrs;Because of hi3 zeal in undertaking to prevent the escape of priso~ers in Pickens County. He took key from truck to prevent escape prisoners from using it; Recommended by two trial Judges and two SolicitorsGeneral; Commuted Sept. 28, 1933.
JACK THORNTON: Ben Hill CoUnty Superior Court; April term 1933; Burglary; 1 to 2 years; 18 yrs. of age and was undoubtedly influenced by older persons; This boy is the sole dependence of a widowed mother; Clemency is asked by warden,and a great many responsible citizens; Commuted Sept.29, 1933. Not recommended by Prison Commission.
PHILLIP E. FOX: Fulton County Superior Court; November term 1923; Murder; Life; On recommendation of Prison Commission and for the reasons set out in and order of Parole Phillip E. Fox was paroled on May 2, 1933. It now being satisfactorily shown that satisfactory record has been made under parole and because Mr. Fox is offered a good position which he cannot accept while under parole, it is ordered his sentence be commuted to present service; Commuted Sept. 29, 1933. Not recommended by Prison Commission.
WILLIE JAMES WilLIAMS: Thomas County Superior Court; Spring term 1931; Burglary; 3 to 5 years; Served portion of the minimum sentence and recently got his hand so badly mangled in a wood saw that is was necessary for him to have his hand amputate~ Commuted October 6, 1933.
JARRETT P. BANNISTER: Forsyth County Superior Court; March term 1933; Being intoxicated and given a sentence or $50.00 and 12 months,same to be served on probation; also convicted at the March term of said Court for driving an automobile while intoxicated and given a sentence or $30.00 and 12 mos. same to be served on probation $50.00 and 12 months received in indictment lll87; It is express-

MoNDAY, jANUARY 21, 1935.

257

ly ordered that no clemency is extended in the case Indictment #ll94,in Which sentence of $30.00 and 12 mos. was received for driving an auto. while intoxicated; Commuted October 7, 1933. Not recommended by the Prison Commission.
BELMONT DENNISON & ELIJAH RODGERS: Ben Hill County SUperior Court; April term 1933; Burglary; 2 to 4 years; Belmont Dennison,Elijah Rodgers,Jack Thornton and John Hurt were accused jointly of burglary. Hurt,who is a man of middle age,was tried and received a sentence. He bas already served out his sentence and I am informed by the trial Judge that he was the instigator of the crime as all the other boys were less than 21 yrs. of age. Jack Thornton,Belmont Dennison and Elijah Rodgers plead guilty and received a more severe sentence than the older man mo was tried and found guilty. Clemency has already been extended to Jack Thornton and as stated above John Hurt,the instigator of the crime has already served his sentence; Commuted Oct. 9, 1933. Not recommended by the Prison Commission.
JOHN WILLIAMS: Stephens County Superior Court; January term 1932; Burglary; l to 2 and l to 2 yrs. Clemency recommended by the prosecutors,trial Judge, Solicitor-General and others; Commuted October 11, 1933.
MANNIE DUNN: McDuffie County Superior Court; Fall term 1933; Violating prohibition law; 12 months or $300.00 fineiCommutation to present service O! payment of ~150.00 including costs; Recommends, by the trail Judge and Ordinary; Commuted o,~ ~ober 11, 1933.
JAS. F. BRYANS: DeKalb County Superior Court j Ma.rcQ. term 1932; Bigamy; 4 to 7 years; Wife and 2 children in needy circumstances,and the Solicitor, Hon. Claude Smith who tried the case,recommends that he be released; Commuted Oct. 14, 1933; Not recommended by Prison Commission.
JOE MORROW: Atlanta City Court; December term

258

JouRNAL or THE SENATE,

1932; Violating prohibition law; $~0.00 or 12
months; $250.00 & 12 months; $250.00 and 12
months; Bad health and needy family; Commuted October 25, 1933.

ROY BAKER: Chattooga County Superior Court; Sept.

term l932; Blackmail; 4 months and $350.00 or nine

months; Bad health,clemency requested by the Soli-

citor-General who tried the case,but the jurors,

the county officials and by more than citizens of Chattooga County Commuted

aOctthoobuesran2d9,

1933. Not recommended by Prison Commission.

BENNIE YAWN,alias CHARLES WOODWARD: Meriwether County Superior Court; January term 1930; Robbery (two cases); 15 to 20 years in each case; Ron. John F. Williams,senator from Aiken s.c. and President Pro Tern, s.c. Senate,who lives in Aiken County states that this man has a good reputation and is from a good family, and recommends clemency.Sheriff J.P. Ho?mrd, and J.E.Parker,or Aiken,recommend clemency. Howard M. Byrd, Supt. of Graniteville Public Schools,Graniteville,s.c. recommends clemency,and by warden,guard. The Clerk or Superior court or Aiken,s.c. states this man has no criminal record and 130 citizens recommend clemency; Commuted October 20, 1933. Not recommended by Prison Commission.

W.C. SEARCY(WILL): Polk County Superior Court; August term 1933; Mfg.Whiskey; 12 months and 6 months; Family in needy circumstances; It is ordered therefore that Will Searcy sentence be commuted to present service on payment or fine of $150.00; Commuted October 31, 1933. Not recommended by Prison Commission.

JACK BEASLEY: Pike County Superior Court; November term 1932; Robbery; 2 yrs; Clemency recommended by the trial Judge,Solicitor-General,Sheriff and others; Commuted October 31,1933.

OSCAR TAYLOR: Jeff Davis County Superior Court; October term 1933; Carrying pistol; 6 mos. State

MoNDAY, jANUARY 21, 1935.

259

Farm; Wife and children in destitute circumstances. She is physically unable to work,no food and no winter clothing for herself and children; Commuted November 1, 1933. Not recommended by Prison Commission.

JOE CHILDERS: Crawford County SUperior Court; October term 1926; seduction; 7 to 10 yrs; Wife and two children dependent on him; Commuted November 2, 1933. Not recommended by Prison Commission.

LUTHER MARTIN: Cobb County Superior Court;Sprt'ng term 1926; Assault to MUrder; 10 years; Clemency recommended by injured person,John Stone Fowler; Hon. John Heck,Deptuy Clerk of Cobb Superior Court and Chas. S. Cox; Comnuted November 3, 1933. Not recommended by Prison Commission.

LEWIS FRICKS: Floyd County Superior Court; January term 1932; Larceny of auto also 2 years fran Gilmer Superior Court,May term,l932,to run 2 to 3 yrs. concurrently; Clemency recommended by the Solicitor-General,Wardens and guards and citizens and not opposed by the trial Judge; Commuted Nov.3, 1933.

HYMAN SCHWARTZ: Chatham County Superior Court; March term 1932; Robbery; 6 to 8 yrs; Great many applications for clemency from reputable people; Commuted November 6, 1933. Not recommended by Prison Commission.

PAUL MESTER AND WALTER MCCARTHY: Camden County Superior Court; November term 1932; Robbery; 4 to 5 and 4 to 5 years each; Commutation to present service conditioned that transportation be furnished to Brooklyn,N.Y. Youth of applicants and good prison record and previous good record and they desire to be released in order that they may return home in New York;Cammuted November 7, 1933.

JIMMIE CREWS: Fulton County Superior Court; Jan-

uary Poor

hteeramlth19; 3C2o; mLmaurtceednyNoovefmabuetroa; ,

4 to 5 years; 1933; Not reoom-

260

JouRNAL OF THE SENATE,

mended by Prison Commissicn. HOMER UPCHURCH: Henry County Superior Court;
September term 1928; Incestuous Adultery; 10 to 15 and 10 to 15 years; The record in this case shows that the applicant has good prison record and good record prior to getting into this trouble,no charge having been entered against him before; Commuted Nov. 8, 1933. Not recommended by Prison Commission.
J.C. WOOD: Madison County Superior Court; Septe~ ber term 1931; 10 yrs. & 4 yrs. Assault to Murder and-attempt Robbery; Clemency recommended by a large number of citizens of Hall county,bullet in body,partial paralysis of lower left leg; Commuted November 8, 1933. Not recommended by Prison Connniasion.
CARL ALMAND: Douglas County Superior Court; September term 193~; Murder; Death; Recommended by the trial Judge; the jurors,county Commissioners and County officers,and a large number of citizens-to life imprisonment: Commuted November 13, 1933.
ALVIN TAYLOR: Stephens County Superior Court; January term 1933; Car Breaking; 1 to 5 years; Clemency recorrrrnended by the prosecutor,Judge,Solicitor-General,Sheriff and others,and his mother is ill and needs his services; Commuted November 13, 1933.
M.L.(J.VlAX) lffiEPl'.IER: Fulton County Superior Court; March term 1933; Forgery; 3 to 5 years; Recommendation of Judge Edgar E. Pomeroy,Trial Judge and his wife and children need him. Can secure employment in home city; Commuted November 16, 1933; Not recommended by Prison Commission.
BEECHER MEADOWS: Floyd County Superior Court January term 1933; Theft of auto; 12 mos. and i2 mos; On recommendation of the prosecutor,whose car was _stolen,and in view of the fact that restitution was made for damages sustained,it is ordered that Beecher Meadows be commuted to present service

MoNDAY, }ANUARY 21, 1935.

261.

as of November 24, 1933; Commuted Nov. 17, 1932; Not recommended by the Prison Commission.
CLARENCE STE."VENSON: Coweta County Superior Court; Burglary; 2 years; March term 1932; Good prison record; Conmmted Nov. 17, 1933. Not recommended by Prison Commission.
J.P. COOK: Berrien County Superior Court; Fall term 1929; Burglary & robbery; 9 to 11 and 4 to 10 yrs; Clemency recor.arnended by the physician,warden and gua.rds; Commuted November 20, 1933.
JPJffiS DOUGLP$: Chattooga County Superior:Court; l1arch term 1922; Murder; Life; Solicitor-General does not object to clemency. He has served more than 11 ~Ts. besides a considerHble time in jail; Commuted Nov. 23, 1933. Not recommended by Prison Commission.
VERLHlE BROWN: Bibb County Superior Court; February term 1933; Burglary; 3 to 5 years; Youth of a.pplicant,good prison record,a.nd recommended by the Solicitor-General,Hon.Chas.H. Garrett; Commuted Nov. 1933.(23rd day)
GBORGE COX: Fulton County Superior Court; May term 1932; Robbery; 3 to 5 yrs.H.E.~cwaters not sure of the identity,several believe he is not guilty; Commuted November 23, 1933. Not recommended by Pr.ison Commission.
U.H. EfrliLEY: Long County Superior Court; September Adj. term 1931; Cow Stealing; 3 to 4 years; Recommended by the prosecutors,tria.l Judge and Solicitor-General. Wife died leaving several small children without means of support; Commuted Nov. 23, 1933.
WILL SEAY: COf1eta County Superior Court; March term 1923; Murder; Life; Hon. William Y. Atkinson, Solicitor-General states that no one remembers the case. He has rna. de practically 11 years and in view of the Solicitor-General's recommendation that this

262

JouRNAL oF THE SENATE,

is one of the forgotten men,and that executive cle~ ency should be extended commutation is granted; Commuted November 24, 1933. Not recommended by Prison Commission.
B.H. LOFLIN: Fulton County SUperior Court;Marcb term 1933; Forgery; 3 years; Recommended by the trial Judge,Camp physician and prominent citizens of Atlanta and Mississippi; Commuted November 24, 1933.
JAMES STRIPLING,alias JAMES SMITH: Coweta County Superior Court; June term 1931; Burglary; 1 to 3 years; Clemency recommended by Ernest J. Haar, Savannah,M.A. Copeland,Warden, His wife and one daugater are invalids and need his help; Commuted November 25, 1933. Not recommended by the Prison Cammission.
MRS IDA KIMBLE: Floyd County Superior Court; July term 1931; Forgery; 3 to 6 years; Son in SWeetwater,Texa.s who is willing to furnish transportation for his mother and to provide for her when she is released; Commuted November 27,1933. Not recommended by Prison Commission.
JAMES WELDON: Fulton County Superior Court; January term 1933; Larceny of auto; 1 to 3 years; -., He requests that he be released so that he can spend Christmas with his family; Commuted November 27, 1933. Not recommended by Prison Commission.
EUGENE DOBSON: DeKalb County Superior Court; June term 1933; Making Liquor; 1 to 2 years; Poor physical condition,Clemency recommended by the Solicitor General,and applicant has a wife and two small children who have been on charity since arrest; Commuted November 27, 1933.
RUTH(RUFUS)PERKINS: Miller County SUperior Court; April term 1933; Assault to Murder; 1 year; Clemency recommended by all of the trial jurors,county officials and citizens; Commuted Nov. 27, 1933.

MoNDAY, JANUARY 21, 1935.

263

A.H. WRAGG: Houston County Superior Court; November term 1929; Burglary; 5 to 7 yrs; In view of his good prison record and recommendation by the warden under whom he has served,it is ordered that his sentence be commuted to present service; Commuted November 28, 1933; Not recommended by Prison Commission:
WASH HORNSBY: Troup County Superior Court; ValManslaughter; May term 1933; 3 to 7 years; Clemency recommended in order that he may receive Government hospitalization; Commuted Nov. 28, 1933.
J .B. ROWLfi.ND: Chatharn County Super! or ~ourt; August term 1930; Robbery; 4 years; His mother is 76 years of age and I am therefore granting commutation to present service as of December 20th. Commuted Nov. 29, 1933. Not recommended by the Prison Commission.
~IS ROBINSON & ROBERT LOCKETT: Terrell County Superior Court; November term 1932; 2 to 3 years; Simple Larceny; Good Prison Record and youth of applicants; Commuted December 4, 1933.
WILLIE D. KELLY: Newton County Superior Court; July term 1933; Burglary; 1 yr. Good prison record, youth of applicant,poor physical condition,and ~a commended by the trial Judge,Solicitor-General and others; Commuted December 5, 1933 . L.M. HUNT: Fulton County Superior Court; May tenn 1933; Embezzlement; 2 to 3 yrs; Clemency recommended by a large number of responsible citizens; Commuted Dec. 11, 1933.
LOLA BELL HOWARD: E~stman,Georgia. City Court; November term 1933; AdUltery; 6 months; Recommended by the trial Judge and Solicitor and the Sheriff, She has a small child that needs her attention;Commuted Dec. 12, 1933. Not recommended by the Prison Commission.
GUS FITZGERALD: DeKa1b County Superior Court;

264

JouRNAL oF THE SENATE,

March term 1929; Manslaughter; 20 years; Recommend-

ed by the trial Judge and Solicitor-General;Commut-

ed Dec. 13, 1933.

,

c.E. RYLEE: Fulton County SUperior Court; May
term 1931; Forgery; 2 to 3 yrs. in 3 cases; Recom'mended by the trial Judge,Warden,Cltizens and a number of business men involved in the transaction; Commuted December 15, 1933.

A.B. TAYLOR: Catoosa County SUperior Court;August term 1931; Misdemeanor & Burglary; 12 months and 2 years; Recommended by trial jurors,and a large number of.cltlzens,lncludlng the Editor of Summervllle,News and he is in poor health; Commuted December 15, 1933.

J.D. CAULEY: Ware County Superior Court; .May term 1931; MUrder; life; Recommended by Sheriff, Deputy Sherlffs,Clerk Superior Court,County Commlssloners,Warden and Grand Jurors and is not opposed by the trial Judge;Commuted December 15,1933.

AKIN HOLMES: Screven Cow;ltY Super! or Court; November term 1923; Manslaughter; 19 to 20 years; Clemency recommended by the trial Judge,SollcltorGeneral pro tern who tried the case,Clerk of Court, Warden and County Physlclan,Poor health; Commuted December 16, 1933.

VADEN HUGHES: Berrien County Superior Court; April term 1932; Manslaughter; 4 to 7 years;Clemency recommended by all of the trial Jurors,Grand Jurors,County Commissioners and county officials; Commuted December 16, 1933.

LESTER MILLER: Polk County. Superior Court;Burglary; February term 1933; 2 to 4 yrs. Reconnnended by the Judge,County Officlals,Warden and a large number of citizens; Commuted December 18,1933.

CARTER BURTON: FRED MARTIN: Rabun County Superior Court; February Adj. tenn 1933; Burglary; 1 yr; Clemency recommended by the prosecutor,Judge,Soli-

MoNDAY, JANUARY 21, 1935.

265

citor-General,County Officials and others; Commuted December 18, 1933.
ROBERT MITCHEM: Fulton County Superior Court; Larceny or auto; 18 months; March term 1933;Reco~ mended by the Solicitor-General,County Officers, and reliable citizens of Morgan County Commuted December 19, 1933; Not recommended by Prison Commission.
LONNIE JACOBS: Carroll County SUperior Court; April term 1933; Assault to murder; 2 to 3 yrs; Recommended by the trial Judge,Solicitor-General, Warden,County Officials and citizens; Commuted December 20, 1~3.
SHELL WHITE: Chattooga County Superior Court; March term 1933; Misdemeanor; 12 mos. and 6 mos; Clemency recommended by hundreds of cit1zens,County o!ficials,Warden and Solicitor-General; Commuted December 20, 1933. Not recommended by Prison Commission.
LOUIS GARD alias JOHN JACKSON: Fulton County ' Superior Court; July term 1~3; Larceny of Auto; 2 yrs; Recommended by the Sheriff and Deputy Sheriffs, trial Judge and Solicitor-General and Warden; Commuted December 21, 1933.
ALBERT PRUITT: Jackson County Superior Court; August term 1931; Threatening letter; 2 yrs;Clemency recommended by large number of citizens,county officials and not opposed by the Judge and Solicitor General. Has wife and small children in destitute circumstances; Commuted Dec. 21, 1933.
ARTHUR LEE THORNTON: Chattahoochee County Superior Court; March term 1933; Assault to Murder; 2 to 10 yrs; Recommended by the trial Judge,Sol1c1to~ Genera1,Warden and others; Commuted December 21,1933.
CHARLIE JONES: Murray County Superior Court; Murderi Lite; August term 1928; Excellent Prison record; ~.;ommuted December 22, 1933. Not recommended

266

JouRNAL OF THE SENATE,

by Prison Commission. ALBERT SCREWS: Candler County Superior Court;
February term 1933; Burglary; 12 months; Will have served time on December 25, 1933; Commuted Dec. 22, 1933. Not recommended by Prison Commission.
MA.CK CULBERSON and WILSON WILLIAMS: Harris County Superior Court;July term 1932;sentenced 5 yrs; Mfg. liquor; Recommended by the ~rial Judge; Cammuted Dec. 22, 1933.
T.w. RICKS: Fulton County Superior Court; Janu-
ary term 1933; Assault to murder and misdemeanor; 2 to 5_yrs. and 12 months; Recommended by the trial Judge; Cormnuted December 27, 1933.
GEORGE BAILEY: Atlanta,Georgia Criminal Court; November term 1933; Stealing 1 shirt; 6 months; He has been offered a job in New York and commutations hereby granted; Commuted December 27, 1933; Not recommended by Prison Commission.
WILLIE FLYNN: Atlanta Cr1m1nal Court; June term 1933; Misdemeanor pay $1000.00 and 12 months in each case; Solicitor and trial Judge recommend that the sentences in ,each of the above stated cases be reduced to a fine of $250.00; Commuted Dec. 30, 1933. Not recommended by Prison Commission.
CLAUD OGLE: Atlanta Criminal Court; May term 1933; Misdemeanor; 12 months on the chaingang; Solicitor and trial Judge recommended that the sentence of Claud Cole be reduced to a fine of $300.00; Commuted December 30, 1933. Not recommended by Prison Connnission.
R.G. IRWIN: Fulton County Superior Cour.t; May term 1932; Abandonment of minor child! This sentence does not provide any specific t me to be served by the defendant and does not provide any option of paying a fine in any amount. The defendant makes affidavit that he has offered to serve this sentence,but that his entrance to the chain

MoNDAY, jANUARY 21, 1935.

267

gang has been refused due to the fact that no time is specified in the sentence. Proper showing is made that this defendant is afflicted with tuberculosis and desires to go to Arizona for his health. In view of the foregoing facts,that this sentence be commuted to present service; Commuted May 18, 1933. Not recommended by Prison Commission.
ROY SEAY: Pickens County Superior Court; June term 1933; Arson; 2 years; Clemency is recommended by the trial Judge,Solicitor-General,Warden,Guards and County Officials,both because of his illness and also on account of the fact that he was of assistance sometime ago when several prisoners escaped and killed a guard; Commuted September 29, 1933. Not recommended by Prison Commission.
JESSIE MAE CLAY: Americus,Georgia City Court; November term 1933; Larceny from house; 3 months or pay fine or $40.00; Recommended by the Judge and Solicitor-General January 3, 1934; when commuted; Not recommended by Prison Commission.
W.HENRY YOUNG: Colquitt County Superior Court; August term 1933; Wife beating; 12 months; Clemency recommended by the Solicitor,trial Judge and Sheriff. Wife and children in destitute circumstances; Commuted Jan. 3, 1934. Not recommended by the Prison Commission.
EI11ER L. GRANT, alias EDDIE GUYAL: Atlanta,Ga. Criminal Court; March term 1933; Violating prohibition law; $1000.00 or 12 months; Commutation to present service on payment of $400.00; Clemency is recommended by a number of responsible citizens; Jan. 4, 1934.
J .c. YARBOROUGH: Miller County Superior Cojxrt;
April term 1933; Maki~ liquor; 12 months; Will be unable to make crop this year,he having a wife and four small children,and the trial Judge stating he thinks this is a proper case for commutation; Commuted Jan. 6, 1934. Not recommended by Prison Commission.

268

JouRNAL oF THE SENATE,

D.W. TITSHAW: Hall County City Court; November term 1933; Abandonment; 12 mos. at the State Farm said sentence to be suspended so long as he paid $10.00 per month to the support of his family; Titshaw is mentally irresponsible according to affidavits of his father and other satisfactory evidence,and J.W. Titshaw,father of D.W. is able and willing to provide a home for the grandchildren; Commuted Jan. 10, 1934. Not recommended by Prison Commission.
MOSE O'NEAL: Irwin County Superior Court; November term 1932; Misdemeanor,Burglary; 8 months,3 to 5 years; Clemency recommended by the Ch. of Co.
Commissioners,Probation Officer & Warden and the
applicant has a large family dependent on public Charity for a living; Commuted Jan. 10, 1934.
WILLIAM OSBY~ Jeff Davis County Superior Court; December term 1931; Vel-manslaughter; 10 years on plea of guilty; Clemency recommended by the Sheriff; Commuted January 11, 1934; Not recommended by the Prison Commission.
WILLIAM PINER,alias W.PRICE: Chatham County Superior Court; June term 1933; Larceny of auto; 1 to 5 years; poor physical condition,and Clemency is recommended by the prosecutor,Solicitor-General and Sheriff of Chatham County; Commuted Jan. 11, 1934.
PHILANDER BRANNON, alias Brown: Muscogee County Superior Court; May term 1932; Burglary; 1 to 5 and 1 to 5 years; poor health, and clemency is recommended by the county Physician,warden and County Officials; Commuted Jan. 12, 1934.
GILBERT BOYD: Spalding County Superior Court; June term 1933; Felony; 1 yr; Good prison record, job awaiting tor him when released; Commuted January 12, 1934.
DILLARD RITCHIE: Rabun County Superior Court;
February term 1931; Burglary; 3 to 5; 2 to 3 &3

MoNDAY, jANUARY 21, 1935.

269

to 5 years; Clemency recommended by the trial Judge,

Solicitor-General,county officials,warden and the

Receiver of the Tallulah Falls Ry. Co.,from whom

goods were stolen; Commuted Jan. 17,1934.

w.T. RASH: Floyd County Court; September term

1932; possessing liquor; 6 mos. at State Farm,

and convicted at December term 1932 of the County

court of Floyd County of the crime of possessing

liquor,and sentenced to 6 mos. at State Farm; Has

a destitute family; Commuted Jan. 17,1934. Notre-

commended by Prison Commission,

JIMMIE BAKER: Wilcox County Superior Court;July

term 1933; Embezzlement & larceny after trust; 2

yrs; The Solicitor-General states that this woman

is ~o be confined within the next two or three

weeks,and the Solicitor and trial Judge recommend

clemency on payment of the costs.Commuted Jan. 24,

1934. Not recommended bX Prison Commission.

J.W.COLLINS and HOYT RICHARDSON:Sumter Superior

Court; May term 1932;Bank Robbery;4 to 6 yrs;Recom-

mended by officials and wardens,county officials

and others and not opposed by the Judge and bank

officials; Commuted January 24, 1934.

ROBERT LUDGATE: Chatham County Superior Court; .

Fall term 1933; Complicity in theft of shot gun &

pair of boots; 4 mos. in jail and 8 mos. on proba-

tion; In hospital recovering from an operation for

appendicitis. That he will have to return to jail

when released from the hospital to serve about two

weeks. It is ordered that his sentence be commuted

to the ~art of the sentence probated and be reliev-

ed from the remainder of the four mos. sentence in

jail; Commuted Jan. 30, 1934; Not recommended by

Prison Commission,

J .M. BISHOP: Decatur County Superior Court; Nov-

ember term 1931; Hog Stealing; 2yrs. and 2 yrs;

Clemency recommended by trial jurors,County Commis-

sioners, Warden and County Attty; Commuted Jan. 30,

1~.

-

A.J. THOMASON: Sumter County Superior Court; May

term 1932; Bank.Robbery; 2 yrs. and 1 day; Clemency

recommended by officials under whom he has served;

Conm1uted Feb, 3, 1934.

270

JouRNAL or THE SENATE,

LESSE JONES: Lowndes County Superior Court;September term 1931; Simple Larceny; 5 yrs; Reconunended by parties who state this is his first offense; Co.mmuted Feb, 3, 1934.
W~C. WILSON,alias ROSS: Fulton County SUperior Court; November term 1920; Burglary; 2 to 6 and 4 to 6 years; Clemency is recommended by the warden; Commuted Feb. 5, 1934. Not recommended by Prison Commission.
SWEAT DAVIS: Wayne County Superior Court;Murder; Death; November term 1932; It appears that the deceased has made threats to kill Davis if he(Davis) went into a certain piece.of woods to work the turpentine. From all the facts and circumstances connected with this case, I am of the opinion that the death penalty is too severe,and that clemency should be extended; Commuted to life imprisonment Feb. 5, 1934. Not recommended by Prison Commission.
HOMER PECAN: Richmond County Superior Court;October term 1932; Burglary; 2 to 5 yrs. Clemency . recDmmended by Solicitor-General and others;commuted Feb. 7, 1934.
JACK JONES & O.C.MINCEY: Bulloch County Superior Court; October term 1931; Perjury; 4 yrs. each; Clemency is reccmnended by the trial Judge,Solicitor-General and warden and the present Judge of the Circuit; Commuted Feb. 8, 1934.
ROBERT BATES: Gilmer & Pickens County Superior Court; Spring term 1928; Burglary,arson,highway robbery; 3 to 5,7 to 10, and 4 years;(The first sentence having been served) that the 4 year sentence be commuted to present service,and that he be paroled on the 7 to 10 year sentence; Clemency recommended by the Trial Judge,Solic1tor-General, Warden,guards,County officials and citizens and warden of Pickins co., where applicant is serving; Commuted Feb. 9, 1934.

MoNDAY, jANUARY 21, 1935.

271

HUGH L. DOWNS: Fulton County Superior Court; October term 1932; Larceny of auto,(4 cases); 1 to 4 years in each case; He has served the first sentence. Parole as to the second sentence and commutation to present service as to the other two sentences; Clemency is recommended by the warden,trial Judge; Commuted Feb. 10, 1934.
LAURA MORGAN: Atlanta,Georgia Criminal Court; 0<>tober term 1933; 2 counts for possessing intoxicating liquor; 6 mos. in one case and 4 mos. in the . other; This woman has made a little over four months and her remaining sentence is commuted; Commuted Feb. 12, 1934; Not recommended by Prison Commission.
ARIE POWELL and FLOYD SHAW: Whitfield County Superior Court; July term 1932; Burglary; 2 years; Recommended by the Judge and Solicitor-General; Commuted Feb. 13, 1934.
ROBERT HANCOCK: Floyd County Superior Court; July term 1932; Burglary; 2 to 3 yrs; Clemency recommended by the camp physician and those under whom he has served; Commuted Feb. 13, 1934.
BARKWELL BRADLEY: Bleckley County Superior Court; April term 1933; Assault & Battery; 12 months; Clemency recommended by all the trial Jurors,warden and Sheriff; Commuted Feb. 1311934.
TOM COURSEY: Bulloch County Superior Court; October term 1932; Poor health; Burglary; 5 yrs; Recommended by the trial Judge,prosecutor and County Officials and not opposed by the Solicitor-General; Commuted Feb. 13, 1934.
IRA CARTER: Bibb County Superior Court; May term 1930; Burglary; 3 yrs. and 1 yr; Commuted Feb. 13, 1934. Clemency recommended by the Solicitor-General and warden.
JERRY EVERETT: Grady County Superior Court;March term 1931; Burglary; 3 to 5 years; Recommended by Trial Judge and some of the jurors; Commuted Feb.

272

JouRNAL or THE SENATE,

13, 1934. CRAMER HELTON: Carroll County Superior Court;
April term 1933; Arson; 2 years; Recommended by the prosecutor,prosecutor's attorney,trial judge,Solicitor-General,all of the trial Jurors,county officials,warden and guards under whom he is serving; Commuted Feb. 15, 1934.
J .c. JOHNSON: Eastman City Court; August term
1933; Escaping Chaingang; 6 months; Clemency recommended by Hon. J.H. Miller,Solicitor; Hon. O.J. Franklin,Judge City Court and a number of Officers; Commuted February 19, 1934. Not recommended by Prison Commission.
ARTHUR NICELEY: Eastman City Court; November term 1933; Possessing Liquor; 5 months; Recommended by the Solicitor and Judge of the City Court; Commuted Feb. 19, 1934. Not recommended by prison Commission.
TOM HALL: Colquitt County Superior Court; September term 1%3; Driving auto mile under the influence of intoxicating liquor; $50.00 and 12 months on chaingang,and in derault of payment of fine to serve 90 days in jail; recommended by the trial jurors; Commuted Feb. 20, 1934. Not recommended by Prison Commission.
JOE NICHOLS: Dawson County Superior Court; August term 1933; Burglary; 1 to 2 years; Recommended by the Trial Judge,Hon.B.P. Gaillard,Jr.several of the trial Jurors,warden and the Clerk of Court; Corrnnuted Feb. 23, 1934. Not recommended by Prison Conunission.
JOHN GHOLSTON: Stephens County Superior Court; January term 1933; Burglary; li yrs; His family is in need of him so that they can make a crop this year; Commuted Feb. 28, 1934. Not recommended by Prison Commission.
HENRY SANDERS: Crawford County Superior Court;

MoNDAY, JANUARY 21, 1935.

273

March tenn 1924; Manslaughter; Not less than 15 yrs. nor more than 20 yrs; Recommended by Ordinary Bagley, Warden Barrett and a number of citizens at Cunnning,Ga. Connnuted March 1, 1934; Not reconnnended by Prison Commission.

J .E. COWART: Ware County Superior Court; May term 1933; Arson; 2 years; family in destitute condition and recommended by the trial Judge and SolicitorGeneral; Commuted March 2, 1934.

CHARLIE HELLENBOLT: Camden County Superior Court; April term 1933; Burglary; 1 to 3 yrs; Has completed his minimum sentence,and commutation to present service is recommended in order that he may return to his home in South Dakota; Commuted April 5,1934.

JIM SPIVEY: Thomas County SuDArior Cour!; October term 1927;Car breaking;2 to 3j2 to 3;2 to 0 & 2 to 3 years; Clemency recommended by Warden, guards and Judge Roscoe LUke,who will give him a job if released; Commuted March 30, 1934.

ALFRED 'l'IDWELL: Floyd County Superior Court;Wife Beating; 12 months; December term 1933; Wife and children in destitute condition; Commuted March 21, 1934; Not recommended by Prison Commission.

ALEX BRYANT: Atlanta,Georgia Criminal Court;Nov-

ember term 1933; Assault & Battery; 6 months on

chain gang; The man on whom the assaUlt was commit-

ted recommends clemency; Commuted March 14, 1934.

Not recommended by Prison Commission.

.

H.L. HEAD: Floyd County City Court; December term 1933; Public Drunkenness; 6 months; No criminal record,never convicted of any offense before; Commuted March 15, 1934; Not recommended by Prison Commission.

WALTER POPE: Pike County Superior Court; April term 1931; Assault to Murder; 5 years; Clemency recommended by the trial Judge; Commuted March 14, 1934.

274

JouRNAL OF' THE SENATE,

HOMER GENTRY: Floyd County Superior Court; January term 1933; Assault and Battery; 12 mos.-12 mos.-12 mos.-172 and 75 served concurrently,#76 to be served after two above sentences served; Served two sentences and four months on the third sentence with good record; Commuted March 10, 1934. Not recommended by Prison Commission.
ROBERT LEE BAKER: Wayne County Superior Court; November term 1933; Murder; Death; Recommended by the Solicitor-General,Sheriff and Clerk of Court. Commuted to life imprisonment; Commuted April 20, 1934.
NEAL SMITH(col): Buford City Court; December term 1933; Misdemeanor; 6 months; Clemency recommended by the county commissioners; Commuted April 5, 1934. Not recommended by Prison Commission. JACK ALFORD,alias JASPER ALFORD: Pickens County Superior Court; September term 1933; Assault with intent to murder; 2 to 3 years Clemency is recommended by the prosecutor,a number of citizens and the trial Judge; Commuted April 25, 1934. Not recommended by Prison Commission.
JOE WEBB: Floyd County Superior Court; July term 1918; Murder; Life; recommended by various wardens and a number of citizens; Commuted April 25, 1934; Not recommended by the Prison Commission.
ROBERT LEWIS: Screven County Superior Court; May_ term 1931; Larceny and assault to murder; 2 years larceny and 1 to 2 years assault tom urder; This applicant began service on June 2, 193l,and has therefore served approximately three years, which 1s all of the f 1rst sentence and the minimum of the second sentence. He is entitled to automatic parole except for the rule of requiring an extra year to be served in a case where there is two _sentences. He has made a good record during the three years he has served but since both sentences were received at the same term of court it is ordered that his sentence be commuted to present

MoNDAY, JANUARY 21, 1935.

275

service; Commuted April 27, 1934; Not recommended by Prison Commission.

LEE ELLER: Chattooga County Superior Court; September term 1932; Blackmail; 4 months; This man was convicted with Roy Baker and each of ~hem was sentenced to four months with the privilege of paying fine of $350.00 at the end of four months. And in default of payment of said fine of $350.00 to serve 8 additional months; Commuted May 1, 1934; Not recommended by Prison Commission.

BUDDY HINES: Floyd County Superior Court; Larceny of Auto; January term 1934; 9 months; Applicant is only 18 yrs. of age and has served 3 mos. of his sentence. Mother died 4 yrs ago and left this boy and five other children with no one to care for them,as their father deserted them after their mother's death. They are dependent on their grandmother for support,who is herself in destitute circumstances; Commuted rhy 2, 1934; Not recommended by Prison Commission.

HARVEY GRUBBS: Fulton County Superior Court; Jan-

uary term 1933; Larceny of auto; 18 mos. to 2 yrs.

case #38565-18 mos. to 2 yrs. case #38666,to run

concurrently; Recomn1ended by Claud Mills,Warden and

work is promised him by one A.J. Grubbs,His brother;

Conmuted May 2, 1934. Not reconunended by Prison

Commission.



HAM HODGE: Chattooga County Superior Court; December term 1916; Simple larceny; 8 years; The Sheriff of Cbattooga County where the crime was commited, states that this is the only crime of which he was ever accused. In view of the fact that this cime was committed when he was only 24 yrs. old,and he is now a. man of 42 years,and this is the only case that has ever been against him,and in view of the service that he has actually made under the sentence; Commuted May 7, 1934. Not recommended by Prison Commission.

ERNEST BRANNON,alias JAS .. HYNrER: Fulton County

276

JouRNAL OF THE SENATE,

Superior Court; November term 1933; Larceny of auto; li to 3 years; Youth or applicant,good prison record, and recommended by the Judge and SolicitorGeneral; Commuted May 10, 1934.
CLYDE SANFORD: Floyd County Superior Court;July term 1~3; Larceny .or auto; 1 yr. Clemency recan.mended by Solicitor-General,Deputy Sheriff and others; Comm1ted May 10, 1934.
ROY MCALISTER,alias M.L. STOVER: Floyd County Superior Court; January term 1934; Misdemeanor; (plea or guilty) 7 months; World War Veteran and in bad health,clemency recommended by the prosecutor,Warden and Solicitor-General;Commuted May 10, 1934; Not recommended by Prison Commission.
EMMETT GIBSON: Fulton County Superior Court; March term 1~3; Murder(killing or McGee); Death; Rader Davis,who has been electrocuted tor killing Mrs. Sam H. Henderson,made a confession in the electric chair and said that Emmett Gibson was not guilty or the killing or Hamp McGee; That the sentence be commuted from death to lite imprisonment; Commuted May 15, 1934. Not recommended by Prison Connnission.
BOB RICHARDS: Atlanta Criminal Court; January term 1933; Possessing whiskey; $100.00 or 6 mos. and $150.00 and 10 months(records show that the $100.00 fine hasbeen paid); Clemency recommended by the warden and J. H. Holcomb,Commissioner or Cherokee County and by a number or citizens;Commuted May 23, 1934; Not recommended by Prison Commission.
CLARENCE DAVIS: Floyd County Superior Court; July term 1933; Larceny or auto; 1 year; Clemency recommended by the Solicitor-General,Warden and a large number of citizens; Commutec May 31, 1934.
LUTHER ROSSER: Fulton County Superior Court; November ~erm 1930; Burglary; 4 to 6 and 4 to 6 years; Suffering from tuberculosis,and clemency is

MoNDAY, jANUARY 21, 1935.

277

recommended in order that he may enter a Government Hospital for treatment; Commuted June 14, 1934.
GEORGE COLE: Clarke County Superior Court; April term 1933; Murder; Death; Clemency is recommended by the Sheriff,Clerk Superior Court; Members of the trial jury,and County Officers; Cammuted to Life Imprisornnent; Commuted June 15, 1934.
L.A. JOHNS: Bleckley County Superior Court;July term 1932; Arson; 5 to. 7 years; Clemency is recommended by the Judge,Solicitor-General,Prosecutor and Warden; Commuted June 15, 1934.
LILLIE MAE BAILEY,alias WHITAKER: Fulton County Superior Court July term 1932; False Swearing; 4 to 5 years; Clemency recommended by the SolicitorGeneral trial Judge,Wardens; Commuted July 11,1934.
MARK FINK: Fulton County Superior Court; September term 1930; Burglary;4 to 10 yrs; Recommended by officials and guards; Commuted July 6, 1934.
H.M. WILKINSON: Wilkes County Superior Court; assault to murder; May term 1934; 1 to 2 years; clemency recommended by Chairman of County Commissioners Sheriff; Deputy Sheriff; trial Jurors; Judge; Solicitor General and guards; commuted November 28 1 1934.
HOKE DAY: Emanuel County; Superior Court;October term 1933; seduction; 2 to 3 years;clemency recommended by the trial Judge all of trial jurors, warden and county officials; Solicitor General states he has no recommendation to make and not objection to file; commuted November 27, 1934.
AUSTIN WILLIS: Muscogee County Superior Court; May term 1932; burglary; 1 to 5 and 1 to 5 years; good prison record and clemency is recommended by prosecutor,warden and county officials; Philander Brannon,a co-defendant,was granted commutation on January 12, 1934; commuted December 4, 1934.

278

JouRNAL or THE SENATE,

CHARLIE,alias E.H. HODGES: Decatur,Georgia,City Court; July and August term 1933; misdemeanorslottery; 12 mos. & $50.00 in 2 cases, 12 mos. & $500.00 suspended sentences; applicant paid $600.00 in fines and practically all of suspended sentences have expired; commuted December 11, 1934.
ARTHUR MARSHALL: Floyd County Superior Court; . October term 1933; murder; sentenced to death; recommended by Sheriff; deputy sheriffs and turnkey of Floyd County jail, who state he is of low mentality and far below average negro in intelligence; commuted Dec. 12, 1934.
FRED KOSTERER: Graci_y County Superior Court;Fall term 1930; murder; sentenced to life; recommended by trial jurors,foreman of grand . jury County and City officials and large number of responsible citizens. Prisoner's home is outside of the State of Georgia,where he will return. Commuted Dec. 12, 1934.
ROBERT POHL ~lias INGATIS JOHNS: FultonCounty Superior Court; March term 1934; bigamy; 2 to 5 years; very poor physical condition; clemency recommended by trial Judge; recommendation of trial Judge is concurred in by Solicitor-General; commuted July 18, 1934.
WILLIE GUDE: Jasper County Superior Court,August term 1933; voluntary-manslaughter; 2 to 5 years; recommended by all of trial jurors,Warden,County Commissioners and County officials of Jasper County, including Sheriff, who was present during the trial and is familiar with facts, in the case; commuted July 19, 1934.
l'1IMER HICKS: Jasper County Superior Court; August term 1933; shooting at another; 2 to 4 years; recommended by county off1c1als,1ncluding Sheriff, Ordinary,Clerk of Court and County Commissioner, Judge James B. Park,the trial Judge; commuted July 20, lffi4.

MoNDAY, JANUARY 21, 1935.

2:/9

SAM MCSWAIN: Pulaski County Superior Court; March term 1933;manslaughter;5 years;poor physical condition and recommended by all trial jurors; county o!ficials,Solicitor-General,trial Judge states,"A parole is recommended in this case when the defendant has served the minDnum penalty !or manslaughter which is one year"; commuted July 24, 1934.

WILLIAM DUPREE: Fulton Cmmty Superior Court; August term 1922; burglary; 15 to 20 years; completed his minimum sentence with good prison record and has served since June 4, 1934,over his minimum on account being unable to secure someone to sign parole papers; clemency recommended by warden under
whom he is serving; commuted August a, 1934.

BOBBIE JENKINS: Floyd County City Court; February term 1934; drunkenness; $50.00 or 8 mos; youth or applicant; clemency is recamnended by the Solicitor and tine was paid; commuted August 10, 1934.

JOHN JOHNSON: Harris County Superior Court;July term 1933; hogstealing 2 years; recommended by trial Judge and Solicitor-General; commuted August 20, 1934.

HILLERY HARRISON: Pierce County Superior Court;

November term 1933; simple larceny; 1 year; youth

or to

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citizens; commuted August 22, 1934.

HENRY JENKINS: Hall Superior Court; July term

1922; burglary; 19i to 20 years; youth or applicant

who was 16 years or age when convicted, 12 years

or actual service with good record; recommended by

trial Judge; commuted October 11, 1934.

T.A. HAMBRICK: Fulton County Superior Court; September term 1922; burglary; 10 to 14 years; recommended by trial Judge,warden under wham he has served and he has served practically five yearA in Ga.Penitentiary.He is under life sentence in Ala., and on his release will be delivered to the State ot Alabama; commuted October 10, 1934.

280

JouRNAL OF THE SENATE,

LINTON L.WEAVER,alias L.L. BELL,alias T.O. LITTLE; 1iillton County Superior Court; January term 1~4; felo~-ficticious checks; 3 years(in 3 concurrent cases); poor physical condition,being completely paralyzed in both lower limbs below the waist,on release he is to be admitted to Veterans Hospital; also has active T.B. both lungs;commuted October 10, 1934. JunCeLEVteErLmAND1~J4A;CKmSOuNr:derM; odregaanthC; oruencotymmSuenpdeerdiobryCtoruiratl Judge,Sol1citor-General,county officials,trial jurors,and large number citizens of Morgan County; commuted October 10, 1934.
SHEFFIELD BENNETT: Clinch County Superior Court; April term 1933; simple larceny; 2 to 4 years; sickness in family and destitute condit1on,fam1ly being dependent on county and CWA for support; recommended by Solicitor-General,Prosecutor,trial Jurors,Warden; commuted October 23, 1934.
ED GRAY,alias NOOK GRAY: Jenkins County Superior Court; Feb. Special term 1934; perjury; 2 years; recommended by trial Judge,Solicitor-General,and Warden; commuted October 24, 1934.
R.w. GILM<RE: Richmond County SUperior Court; February tenn 1934; burglary; 1 to 2 years; needy family consisting of wife and six small children; recommended by Solicitor-General,Warden and others. Commuted October 24, 1934.
ALFRED WEESE,alias A.D.OWENS: Fulton County Superior Court; May term 1933; larceny of auto; 1 year; youth of applicant and recommended by the trial Judge; conunuted October 24, 1934.
JAKE LEACH: Fulton County SUperior Court; August term 1933; larceny of auto; 1 to 2 years; family tn dire need; recommended by trial Judge, Deputy Warden,one of the arresting officers; commuted October 25, 1934.

MoNDAY, jANUARY 21, 1935.

281

TURNER WRIGHT: HaiTiS County Superior Court; July term 1932; manufacturing liquor; 4 to 5 years; good prison record and recommended by the trial Judge,and two others who were convicted at the same time have already been commuted-they being Mack CulvArson and Wilson Williams; commuted October 26, 1934.
JIM KEITH: Meriwether County Superior Court; February term 1S34; manslaughter; 1 to 3 years ;age good nrevious record and good service record: recommended by county officials,tr1al Judge and Solicitor-General and others;commuted October 31,1934.

WOJ:U) BARKER: Bartow County Superior Court; NoveiiPber term 1933; burglary; 2 years; good record for almost a year,poor physical condition; no opposition appears in the file although usual notice was posted and the-Judge and Solicitor General were both notified of application; commuted November 9, 1934.
WARREN CLARK: Spalding County Superior Court; June term 1933; felony; 3 years; recommended by officials under whom he served: suffering from tuberculosis,release desired in order that he may enter government hospital; recommendations from a large number of citizens of Cleveland Ohio,his former home; commuted November 14, 1934
H.D. STEWART: Fulton County Superior Court;March term 1932; fictitious checks; 2 to 5 and 2 to 5 years; poor physical condition; recommended by Warden and no opposition appears in the file,although the Judge and Solicitor-General were notified ~d usual 30 day notice was posted; commuted November 14, 1934.
W.H. EBLING: Floyd County Superior Court; July term 1933; selling beer; $100.00 or 8 mos. and 18 months on probation; recommended by a number of citizens of Floyd County including the Deputy Sheriff,Solicitor Floyd City Court and others,who state

282

JouRNAL o!' THE SENATE,

that applicant paid a fine or $500.00 for the same offense and that beer is being sold at soft drink stands and restaurants without being molested by officers of law; commuted November 15, 1934.
HARRY THOMAS: Floyd County Superior Court;July term 1933; possessing beer; $100.00 and costs and
18 months on probation or 8 months in gang; good
record as a law-abiding citizen and recommended by Chief of Police of Rome,Representative-elect,Solicitor Floyd City Court and others; connnuted November 15, 1934.
LOUISE LEE: Floyd County Superior Court,April term 1932; larceny trom house; 3 to 5 years; 17 years of age at the time or conviction has completed her minimum sentence with excellent record; reconunended by the Warden or Female Camp and Matron. commuted December 13, 1934.
ALLEN WESTBERRY: Lowndes County Superior Court; Spring ter.m,l934,(death sentence); murder; low mentality; two others involved in the same homicide haye been tried and received life sentences; lunacy conunission was appointed to examine this man who reported that he is of very weak mentality and the commission was of the opinion he was not of sufficient mentality to formulate a plan such as a conspiracy to kill and it was doubtful whether he knew the difference between right and wrong at the time; commuted December 14, 1934.
R.N. BRITT: Fulton County Superior Court;March term 1934; forgery; 2 to 7 years(sentences concurrent); has wife and three dependent children who are in need or his support; Judge J.R. Hutcheson recommends clemency; His pastor,Rev. Fields and several others recommend parole; commuted December 14, 1934. Not recommended by Prison Commission.
LEROY WELLS,alias JIM JONES: Fulton County Sup-
yeeraiorsr;reCcooumrmt;enAduegdusbtytewrmard1e9n2,J3o;hnbunrg. lHaruym; p7hriteos,10
Judge,who states that he has investigated facts in

MoNDAY, jANUARY 21, 1935.

283

case,Sheriff and Solicitor City Court Waycross; commuted December 18, 1934.
FRED MCGEE: Fulton Collllty Superior Court; Jlllle term 1933; forgery; 2 to 3 years; youth of applicant; recommended for him by the prosecutrix, by citizens of Alabama and Chairman County Commdssloners of Marion County; commuted December 21, 1934.
JOHN STONE: Clay County Superior Court; March term 1927;. forgery; 3 to 6; 3 to 6; 3 to 6; good record,recammended by a number of responsible parties; commuted December 22, 1934.
DAVE MOORE: Walker County Superior Court;August term 1934; 1 to 3 years; assault to murder; has wife and seven small children badly in need of his support; recommended by Solicitor-General,Clerk of Court,Sherifr,Ordinary and other county officials; commuted January 2, 1~5.
SAM TEEL: Harris County Superior Court; July term 1934; Invol-manslaughter; 1 to 3 years; good prison record; clemency recommended by trial jurors, warden and a large number of responsible citizens of Harris County; carmnuted January 10, 1935.
C.C. WILKINSON,alias LUM": Muscogee Collllty Superior Court; February term 1916; involuntarymanslaughter; 2 years; clemency recommended by Solicitor-General,Warden; a number or officials of Greenv1lle,s.c., Judge S.Price Gilbert of Supreme Court or Georgia,who was trial Judge, states that he has no objection to clemency; commuted January
9, 1935.
T.J. WHITEHEAD: Fulton Collllty Superior Court; JUly term 1934; burglary; 1 year; youth of applicant; recommended by trial Judge and Probation officer Fulton County; commuted January 11, 1935.
W.A. CLEMENI'S: Atlanta Criminal Court; November term 1934; lottery; $50.00 or 12 months; recommended by Jmge Pomeroy; former Employer promises work;

284

JouRNAL oF THE SENATE,

commuted December 14, 1934. Not recommended by Prison Commission.
PARDONS ALL PARDONS RECOMMENDED BY PRISON COMMISSION
EXCEPT WHERR STATED. J.T. STURMAN: J.T. Sturman was on the third day of January,l933,accused in accusation No. 118541 in the City Court of Atlanta for the offense of possessing one gallon. of whiskey and the said J.T. Sturman was tried and found guilty before the Ron. Jesse M. Wood,Judge of said Court on the 11th- day of JanmryJ.l933,and sentenced by the Court to PS a fine of ~100.00 and serve six months on the public works of Fulton County and it having been made to appear to the aove.rnor,the said sentence of six months was suspended at the discretion of the Court on the payment of the fine,and the said fine having been pa1d in full and the defendant,J.T. Sturman,released from custody by the sheriff of Fulton County)Sturman is hereby granted a full and complete pardon of the sentence as imposed by the Court,the fine of $100.00 being paid; Commuted February 1, 1933.
W.M. ALSOBROOK: Burk Colinty Superior Court;May term 1929; Assault to murder; 5 to 8 yrs.Clemency recommended by the Solicitor-General,Judge,officials and citizens; Commuted April 6, 1933.
ERNEST EICH: Fulton County SUperior Court;January term 1930; Manslaughter; 7 to 12 years; At the time of the homicide Ernest Eich was about 19 yrs. of age and has served,counting the time spent in prison,more than 4 yrs. Insofar as the record discloses the ends of justice have been met; Cammuted April 6, 1933. Not recommended by Prison Commission.
MRS. ELLEN THOMPSON: Atlanta Criminal Court; April term 1932; Possessing liquor; $50.00 and 8 months suspended; The fine was paid and a year has elapaed since the suspended sentence was imposed, since w~ch time she has not been guilty of any

MoNDAY, jANUARY 21, 1935.

285

infraction of the law,according to the record;Commuted April 6, 1933.
WILL GARLAND: Upson County Superior Court; Nov. term 1925; Murder; Life; This man has served a number of years in this case. The trial Jury,the trial Judge and the Solicitor-General state that since the trial and conviction of said-Defendant Evidence has developed causing them to believe that the defendant might not have been guilty,therefore it is ordered that he be pardoned. Commuted April 6, 1933. Not recommended by prison Commission.
MRS NORA DUREN: Ware County Superior Court;December term 1923; Murder; Life; Many people in the comm.uty express doubt of this party's gullt. She has served a number of years and under all the facts and circumstances of the case I believe the ends of justice will be fully met by this pardon;Commuted April 4, 1933. Not recommended by Prison GODBD.1ss1on.
J .T. MCBRIDE: Muscogee C01mty Superior Court; May term 1919; Murder; Life; Recommended by a number of the best citizens of Johnson County and different sections and in view of the fact that the time already made by this defendant is sufficient to satisfy the demands of justice; Commuted April 4, 1933. .
JAMES ANDREWS: Forsyth county Superior Court; November term 1932; Assault & Battery; 7 months; on recommendation of the trial jury and James Andrews having made four months of a seven months sentence, Pardon is granted; Commuted April 3, 1003; Not recommended by Prison Commission.
ED FADER: Glynn County Superior Court; May adj. term 1932; Vol-Manslaughter; 2 to 5 years; Recam~ mended by the coroner's jury,trial jurors,a number of citizens,and officials; Commuted April 3, 1933.
ERNEST OWENS: Franklin County Superior Court;Mfg. whiskey; 1 to 2 years; September term 1932;Clemency

286

JouRNAL OF THE SENATE,

recommended by the Ordinary,Sheriff,Judge,Solicitor-Gen. and others; Conrrnuted March 18, 1933.
J .T. OZBURN: Fulton County Superior Court;March term 1931; Bribery; Fine of $300.00-Paid April 10, 1931; Under the facts in this case I am of the opinion that J.T.Ozburn should be pardoned and he is hereby pardoned; Commuted March 17, 1933; Not recommended by Prison Commission.
JACK WHITE: Fulton County Superior Court; Nov-
ember term 1930; Misdemeanor; $1000.00 & 12 mos.
$500.00 and 12 mos; Jack White was probated on September 24, 1932, and has been serving under probation since that time with good conduct. And his pardon is recommended by several reliable citizens whereupon he is hereby pardoned; Commuted March 17, 1933.
T. FRANK CALLAWAY: Fulton County Superior Court; April term 1931; Accepting money to influence his official action; $300.00 or 6 months; In view of all circumstances of this case it 1s ordered that T,Frank Callaway be pardoned; Commuted March 16, 1933; Not recommended by Prison Commission.
JAKE MCGOWAN: Marion County Superior Court;April
term 1932; Burglary; 2 to 5 years; Dr.o.c. Woods,
Asst.State Farm Physician,states this negro is in desperate physical condition; Commuted March 11, 1~33; Not recommended by Prison Commission.
c.c. HILL: DeKalb & Taylor Counties Superior
Court; January term 1929; Forgery & Escapes; 3
years and 12 mos; Recommended by Trial Judge,wardens and the sheriff and the prisoner's family is very much in need of his assistance:Commuted March 10, 1933; Not recorrnnended by Prison Commission.
w.w. FOWLER: Spalding County Superior Court;
April term 1930; Manslaughter; 5 years; Pardon will enable him to procure employment as a Railway Mail Clerk which was his occupation before conviction; Commuted March 10, 1933; Not recommended by Prison

MoNDAY, jANUARY 21, 1935.

287

Commission.

LLOY N. JORDAN, alias T.L. JOHNSON: Fulton County Municipal Court; Possessing liquor; 12 months and 12 months; The evidence is that he took the entire blame on himself to shield other criminals. He has a good job for him and his mother is in need or his -support; Commuted March 10, 1933; Not recommended by Prison Commission.

HARRY YORK: Fulton County SUperior Court;March & November terms 1930; Misdemeanor; Cases Nos. 33108,33348,33365 and 33645 on Docket of said Court; Penal Servitude; Harry York is now serving these sentences under probation by order of the Judges of the Superior Court of Fulton County. It having been satisfactorily shown that all the ends of justice will have been met,and that a pardon will make it possible for the said Harry York to make an honest living; Commuted March 9, 1933;Not recommended by Prison Commission.

THOMAS LYTLE: Barrow Colinty Superior Court;April

term 1931; Larceny after trust; 2 to 5 yrs; Having

served the minimum sentence and now being on pro-

bation, and it being represented satisfactorily

that he will be able to secure employment if his

disabilities are removed,it further appearing that

his prison record is good and that he is conducting.

himself in an upright manner since being released

it is ordered; Commuted March 9, 1933; Not recom-

mended by Prison Commission.



M.C. MITCHELL: Bibb County Superior Court; January term 1923; Murder; Life Imprisomnent; Parole was granted by Governor Russell. Reco.mmendedby several prominent citizens or Bibb County where the crime was cammitted,by.the warden and the Superintendent of the State Farm and others: Commuted March 8, 1933.

HEWLETT c. WALKER: Jesup City Court; Drunkenness
and driving a car while intoxicated; 18 months; Recommended by Cap. W.L. Proctor,warden,and Mr.W.L.

288

JouRNAL oF THE SENATE,

Rogers,ex-sheriff of Wayne County Commuted March 8, 1933. Not recommended by Prison Commission.

ED GOBLE: Gilmer County Superior Court; May term 1922; Murder; Lite; Good prison record. Also,because or the release or the co-defendants in this case; Commuted Feb. 6, 1933.

A.L. ADAIR: Paulding County Superior Court,Aug-

ust term 1932; larceny from house; 90 days in jail

or a $50.00 fine; fine has been paid; Commuted

September 15, 1933. Not recommended by the Prison

Commission.



HOMER BUNDRUM:. Carroll County Superior Court; October term 1925; MUrder; Lite; Having been paroled by order or the Governor on June 6, 1932; and having lived in a law abiding manner since that ttme,pardon is granted this person; Commuted Feb. 8, 1933; Not recommended by Prison Commission.

OWEN E. DODD: Criminal Court or Atlanta; March
tleiqrmuo1r9}3; 0$ sMooi.sodoemanedan1o2r(pmoosnstehsssinsguspinentodxedic; aTtihnegre-
cords in this case show that the fine was paid June 5, 1930,and the conduct or Mr. Dodd has been good according to affidavits in the file; Commuted Feb. 16, 1933.

CLAUD FORD,alias FRANK SHRINER: Atlanta Criminal Court; March term 1931; Possessing whiskey; given suspended sentence or 12 ~onths on payment or tine or $500.00,which fine was paid; Commuted Feb.6, 1933; Desirous or leaving the State,and desires to start life anew; Not recommended by Prison Commission.

CHARLIE JONES: Union County Superior Court;April term 1928; Vol-manslaughter; 5 to 10 yrs; Recommended by trial jurors,County Officials and several hundred citizens and is not opposed by the trial Judge and Solicitor-General. Commuted Jan. 26,
1933.

MoNDAY, jANUARY 21, 1935.

289

M.C.SUTTON: Pierce County Superior Court; Nove~ ber term 1932; Simple larceny; 12 months; Family in distress and needs assistance-. Good prison Record; Connnuted Jan. 26,1933; Not recommended by Prison Commission.
L.M.PATTON: Fannin County Superior Court; December term 1929; Forgery(2 cases) assault & battery; 12 months in 2 cases and 12months suspended in 3rd. case; Recommended by a large number or citizens, county otticials,Solicitor,Judge and the injured parties; Commuted Feb. 18, 1933.
W.GUY DOBBS: Fulton County Superior Court;March term 1931; Bribery(2 counts) $500.00, 12 months; Recommended by a large number or citizens,Grand jurors, Trial Jurors and others; Commuted Feb. 22, 1933. Prison Commission did not recommend.
O.B. WRIGHT: DeKalb County Superior Court;March term 1932; Making Liquor; 2 to 3 years; Commuted April 11, 1933. Recommended by County Officials and Warden,and neither recommended nor opposed by the trial Judge and Solicitor-General.
ROBERT COLEMEN: Clayton Super!or Court; May term 1929; MUrder; Lite; Convicted on circumstantial evidence ot the murder or his wife. Served 4 yrs. ot sentence; Commuted April 14, 1933; Not reconmended by Prison Commission.
MONROE HAM: Pike County Superior Court; July term 1931; Assisting a prisoner to escape !rom custody; 3 to 5 years; Recommended by nine jurors,peace otticers,tax collector,County school Bupt.Deputy Sheriff and former Sheritt; Solicitor-General does not oppose the recommendat1on; Commuted April 19, 1933; Not recommended by Prison Commission.
TROY DIXON: Brantley County Superior Court;June term 1932; Simple larceny; 12 months or $150.00; He has made about ten months or the twelve in jail and clemency is recommended by Sheriff Newton; Commuted April 20, 1933; Not recommended by Prison

290

JouRNAL OF THE SENATE,

Commission.
P.w. MOBLEY: Upson Co1.lllty Superior Court; Febru-
ary term 1931; Burglary; 10 years; Made two years on this term. Recorq shows that he has a good Ptison record. For these reasons and due to this man's age I am granting this pardon; Commuted April 27, 1933; Not recommended by the Priso11 Commission.
HOYT OGLE: Hall County Superior Court; November term 1932; Robbery; 9 months; He has served five months of a nine months sentence and a great many of the best citizens of Hall County,state that in their opinion he should be released; Commuted April 27, 1933; Not recommended by the Prison Commission.
JOE COGGINS: Atlanta Criminal Court; January term 1933; Selling whiskey; 12 months; Physically unable to work and has been returned to jail tor that reason. He has been offered a job, 1f released, that will enable him to support his dependent familY; Commuted May 1, 1933; Not recommended by the Prison Co:mmission.
WALTER E. CLARK: Richmond County Superior Court; May term 1929j Embezzlement; 4 years & 4 years; Clark having oeen granted Commutation April 25, 1932,on recommendation of the Prison Board,and having lived a law-abiding life since that time; Commuted May 2, 1933.
JAMES BRUMLEY: Fulton County Superior Court;January term 1931; Larceny of auto; 4 years;Recommended by the Prison'Board; Commuted May 2, 1933.
V.M.HARBIN: Douglas County Superior Court;March term 1931; Possessing apparatus for making liquor; 12 months or to pay fine of $250.00 & costs; The petition is signed by a great many of the most prominent citizens and county officials of Douglas County sets forth facts from which it appears to be doubtfUl whether or not he is guilty of the charge on which he was convicted; Commuted May 3, 1933;

MoNDAY, JANUARY 21, 1935.

291

Not recommended by Prison Commission. FRED KILLIAN: Whitfield County Superior Court;
April term 1932; Involuntary~anslaughter; 1 year; Recommended by County Officials,responsible citizens, and not opposed by the Solicitor-General; Commuted May 4, 1933.
CHESTER SMITH; alias CHAS. HOWARD,alias SAM T. PLAYER: Lowndes County Superior Court; May term 1929; Robbe~J; 20 years; The crime for which executive clemency is asked in this instance as comrr.itted by this prisoner in company with officers of the convict camp where he was confined. Tho facts that he participated in this robbery without any previous knowledge that he was going to commit a crime,and that he,a convict,acted upon the urging of his guards in this robbery; Commuted May 4,1933; Not recommended by Prison Commission.
M.A. WELLS: Whitfield County Superior Court;April term 1932; Manslaughter; 2 yrs; and 1 day; Recommended by the mother of the deceased man, a number of responsible citizens and not objected to by the trial Judge and Solicitor-General. Commuted May 8, 1933.
JOE WHI'l'LOCK: Baker County Superior Court; January Adj. term 1933; Hog stealing; 12 months;Recommended by Solicitor-General,the grand Jurors,trial Jurors and many of the best citizens; Commuted May 9, 1933; Not recommended by Prison Commission.
CLAUDE CAID'IAN: Fulton County Superior Court;January term 1929; Larceny of Auto; 5 years; Has good prison record. Has served nearly 3t years actual service! Commuted May 9, 1933; Not recommended by Prison ~ommission.
FRED SKIPPER: Fulton County Superior Court; September term 1931; Fictitious Checks; 2 to 5 years each on two indictments; Poor health,recommended by trial Judge; Commuted May 16, 1933; Not recommended by Prison Commission.

292

JouRNAL oF THE SENATE,

JAMES WYATT: Fulton County Superior Court;August term 1923; Assault to Murder; 8 to 10 years; James Wyatt was paroled on the 18th. or December,l930, and the Prison Commission stating that diligent investigation has been made or the conduct or James Wyatt and that it has been good during his term or parole; Commuted May 17, 1933.
RALPH DELOACH: Evans County Superior Court; October term 1932; Burglary; 12 months; Hon. H.B. Strange,Pres1d1ng Judge,recommends pardon; Commuted May 20, 1933; Not recommended by Prison Commission.
EARL WILLIS: Dawson County Super! or Court ;August term 1932; Assault with intent to robbery; 2 to 4 years; Assault to murder-4 to 10 years; Number or citizens asks his release. The trial Judge states that under the evidence the presence or Willis at the scene ot the crime was extremely doubtfUl and Judge states that Willis has been in jail for about a year and recommends clemency; Commuted May 24, 1933; Not recommended by Prison Commission.
LELAND HARVEY,alias HOWARD KING: Bibb County Superior Court; April term 1929; Robbery in 5 cases to 20 years in each case; In view or the foregoing it is ordered tha.t Leland Harvey,alias Howard King, be and he is hereby pardoned as to the five cases or robbery from Bibb Superior Court carrying cumulative sentences or 100 years; Commuted May 24, 1933; Not recommended by Prison Commission.
L.A. WINN: Clarke County,Superior Court; Fall term 1932; assault with intent to rape; 12 months; the recommendation or Rev. John H. Wood or Winder Georg1a,who states he has known applicant for 45 years; also vouches for his innocence; also recommended by'City Council and a number or citizens or Bogart; desperate health and advanced age; commuted May 25,1933; Not recommended by Prison Commission.
CLARENCE DEAL: Stephens County Superior Court; January term 1933; robbery; 2 to 5 years; Clemency recommended by prosecutor,trial jurors,the Sheriff;

MoNDAY, }ANUARY 21, 1935.

. 293

Solicitor-General and trial Judge,besides a number or citizens; commuted May 26, 1933; not recommended by Prison Commission.
PAUL SIMPSON: Gwinnett County Superior Court;SeP:tember term 1932; man-slaughter; 2 years; recommended by trial jurors and many promine~t citizens; commuted May 26, 1933; not recommended by Prison Commission.
OTHO BENTON: Miller County Superior Cowt; April term 1930; uttering a forgery; 3 to 6 years; Benton has a chance to accomplish some worthwhile things with his citizenship restored; commuted June 5, 1933-.
CARL LANCASTER: Fulton County Superior Court; January term 1928; rape; 10 to 20 years; having made good record under parole as testified to by the parole off1cer; commuted June 10, 1933.

JOHN HARRELL: Brantley County Superior Cowt; November term 1931; burglary; 2 to 5 years; reco~ mended by trial Judge and Solicitor General; and his family is in very needy circumstances; commuted June 12, 1933.
STUTZ JACKSON: Fulton County Superior Court; Spring term 1930; felony; 1 to 3 years and 1 to 3 vears; this man was paroled on the 12th day of March 1932; has conductAd himself properly and has complied with conditions or parole; pardon recommended by Prison Commission; commuted June 21, 1933.
EDGAR MACON: Harris County,Superior Cowt;Janua:ry term 1930; simple larceny 1 to 5 years; was granted parole February 10, 1932; he has conducted himself properly and complied with the rules of parole; Pardon is recommended by the Prison Commission; Commuted June 21, 1933.
EUGENE C. PEEK: Fulton 'County Superior COtU"t;

294

JouRNAL oF THE SENATE,

fall term 1929; larceny after trust; 3 t~ 5 years; was paroled June 23, 1932; and has conducted himself properly and complied with the rules of parole; pardon is recommended by the Prison Commission; connnuted June 21, 1933.
CHARLES E. DAVIS: Fulton County Superior Court; began service November 5, 1920; forgery; 10 years; records in this case show that he has lived an up-right life since his pardon and I believe that complete pardon will materially aid h1m,complete pardon with restoration of civil rights; commuted June 22, 1933.
PEARLIE MAE LATTIMORE: Sandersville City Court; January term 1933; misdemeanor; 8 months; good prison record for more than half her sentence; recommended by the prosecutor,warden and others; commuted June 23, 1933.
GERALD L. SMITH: Fulton County Superior Court; July term 1925; burglary; 10-20(4 sentences-concurrent); recommended by the prosecutor and many prominent people. Mr. Billups whose home was burglarized,recommended clemency more than four years ago; commuted June 23, 1933; not recommended by Prison Commission.
COSTELL RICE: Fulton County; Superior Court, March term 1933; burglary; 1 year; Hon. Edgar E. Pomeroy,trial Judge,states: "In view of the defendant's age and the further fact that it appears it is the intention of this family to move to Sparta, Georgia,where he has a farm,! respectfully request that he be released". Connnuted Jtme 24, 1934.
HOWARD GORMAN: Fulton County Superior Court;
May term 1932; Robbery &Misdemeanor; 2 to 3 yrs.
and 12 months; Very little education and his parents,wife and small child are in destitute circumstances. Man he robbed requests that he be pardoned. Clemency is asked by a number of Citizens; Commuted May 30, 1933. Not recommended by Prison Cormni ss.i on.

MoNDAY, jANUARY 21, 1935.

295

ED BUTT: Union County Superior Court; April term 1922; Murder; Life; There is a great deal of agitat~on for clemency. Also,some opposition in opposition to clemoncy,suffer1ng from tuberculosis and is confined in the tubercular ward at the State Farm. The only chance for him to recover would be through a change of clirm te; Commuted June 2?, 1933 Not recommended by Prison Commission.
ROBERT L. WHITE: oconee County Superior Court; January term 1932; Murder; Life; Clemency recommended by all of the trial jurors,representatives,Clerk Oconee Superior Court,other county officials and citizens,and the opinion is now expressed that the death was accidental; Commuted July 12, 1933.
JOHN FARMER: White County Superior Court;October term 1920; MUrder; Life; 11 Jurors recommend clemency. Other Juror seems to be dead. Judge J .B. Jones,Gainesville,Ga. recommends clemency; Commuted July 13, 1933; Not recommended by Prison Commission.
lflJLDIE SCOGGINS: Oconee County Superior Court; January term 1933; Simple larceny; 6 months; Clem~ ency is recommended by county officials and others, including the Representative of Oconee County; Commuted July 14, 1933.
ALBERT DOUGLAS: Fulton County Superior Court; March term 1933; Robbery; 12 months and probated by Hon. Jno. D. Humphries,Judge of Superior Court on May 11, 1933; Not recommended by Prison Commission.
A.J. JOHNSON: Clark County Superior Court;Janua.:cy term 1933; Making liquor; 1 to 3 years; 3 other persons indicted in this same transaction were permitted to pay fines of $75.00 each after serving 3 months. L.G. Hicks swore Johnson was not doing anything at the still. He had no interest in the distillery; Commuted July 28, 1933; Not recommended by Prison Commission.
A.J. WADE: Fulton County Superior Court; March term 1932; Forgery; 3 to 4 years; Recommended by

296.

JouRNAL oF THE SENATE,

trial Judge,wardens and Otticials,and party whose name was forged, not opposed by Solicitor Boykin; Commuted July 28, 1933.
ROBERT NESBITT: Floyd County Superior Court; April term 1933; Possessing liquor; $100.00,12 mos. in chaingang and 6 mos. in jail; Nesbitt,age 22, was riding in an auto with a man much older than he, and a 2 gal. can of liquor was thrown out of the car. Bill Copeland,induced Robert to plead guilty and told. him he would pay his fine. He did plead guilty and Copeland refused to pay his fine;Commuted July 28, 1933; Not recoiimlended by Prison Commission.
BILL CREEN: Muscogee County Superior Court;October term 1914; MUrder; Lite; Applicant is 60 yrs. ot age and served approximately 20 yrs. Good prison since 1922. He has had a stroke of paralysis and is physically disabled; Commuted ~uly 28,1933; Not recommended by Prison Commission.
CHARLIE BRAZEALLE: Stephens County Superior Court; July term 1933; Mtg.whiskey; $75.00 fine within 3 days or 12 months; Recommended by Solicitor-General and the trial Judge,County officials . and a number of citizens; Commuted August 1, 1933; Not recommended by Prison Commission.
c.o. JENKINS: Atlanta Cri1!11nal Cour-t; May term
1933; Operating auto while intoxicated; 12 months; Recommended in order that he may be reinstated on the police force of Atlanta,where he has served for many years,and has the assurance he will be given work in the event he is given a pardon;Commuted August 2, 1933.
HOMER MARION KELLY: Fulton County Superior Court; November term 1~2; Burglary; 2 and one-half to 5 years; Kelly was in drunken condition at the time ot this robbery and that the other man convicted in this same case was entirely responsible tor the crime, and committed it without any assistance tram Kelly; Commuted August 3~ 1933;Not recommended by

MoNDAY, }Al'!'UARY 21, 1935.

297

Prison Comm1ssion. DR. J .M. ELLIOTT: Troup County Superior Court;
November term 1908; Murder; Life; Without friends at the time he committed this crime and was tried. He has served a long number of years and is now an old man in feeble health; Commuted August 3,1933; Not recommended by Prison Commission.
L.H. COWART: Talbot County Superior Court;March term 1922; Murder; Life,a.nd commuted by the Governor on December 20, 1932; It having been satisfactorily shown that L.H. Cowart has lived exemplary life as becames a good citizen since being released on conditional commutation, I am granting pardon for L.H. Cowart; Commuted August 5, 1933.
FRANK BATES: Fulton Superior Court; February term 1919; Murder; Life; This man has faithfully carried out his parole and is recommended by the Prison Commission; Commuted.August 9, 1933.
E.c. STEGALL: Fulton County Superior Court;
September term 1923; Vol-Manslaughter; 15 to 16 years; Commutation was granted by Gov. Russell,Dec. 15, 1932; Having been paroled and having made satisfactory record under parole,it is ordered that he be pardoned; Commuted August 9, 1933.
MILLARD A BERRm1G: Rabun County Superior Court; February term 1925; Murder; Life; He was paroled March 9, 1932; to W.L. Deck, SUpt. of Burke County Penitentiary,and has made a good record on parole; Commuted August 9, 1933; Not recommended by Prison Commission.
M.W.HARMON and MRS.MURRAY HARMON: Criminal Court of Atlanta and sentenced accusation 78510,paid fine $250.00 sentence suspended-accusation 106002 paid fine $300.00 sentence suspended accusation 11585 paid fine $25~.00 sentence suspended-accusation 116671 Mrs. Harmon given suspended sentence 116672 paid fine $750.00 and sentence suspended; in view of the fact fines totaling $1,550.00

298

JouRNAL OF THE SENATE,

have been paid in these cases, and satisfactory showing having been made by M.W. Harmon and Mrs. Mtrr-ray Harmon that they have abandoned the liquor traffic and are now seeking to carry on a lig1t1mate buainess I am granting pardon; Commuted August 14, 1933; Not recommended by Prison Commi_ssion.
W.C.TINSLEY: Fulton County Superior Court; September term 1923; Arson,larceny of auto; 5 to 10 and 2 to 5 yrs; Received 5 to 10 yrs. in 1 case and 2 to 5 years in another case, and having actually served more than seven years, which is more than the combined minimum sentences; Commuted August 15, 1933; Not recommended by Prison Commission.
HAROLD BUR.DETT: Newnan,Ga. City Court; May term 1933; Misdemeanor(Simple larceny); 6 months in two cases to run consecutively; Pardon granted on account of this young manrs age; recommendation of the Solicitor-General and trial Judge. He has served four months and the co-defendan~s 1n the case have been released on the payment of fines; Commuted August 28, 1933; Not recow~ended by Prison Commission.
R.A. DENMARK: Chattooga County Superior Court; September term 1931; Embezzlement; 2 years; This man was paroled on November 23, 1932,and has made satisfactory record since that time, having been employed at the old Soldiers home and is vouched for by Dr. Patton,Supt. in letter dated August 6, 1933;Commuted August 30, 1933; Not recommended by Prison Commission.
ROBERT W. MULVIHILL: Fulton County Superior Court; Sept. term 1927; Vol-manslaughter; 5 to 20 years; This man having served his sentence and having been on parole with good record since November 12, 1933; Commuted Sept. 2, 1933:, Not recommended by Prison Commission.
BILL ESTES: Fulton County Superior Court; January term 1932; Robbery; 2 years; He has made a good prison record and clemency has been recommended by

MoNDAY, jANUARY 21, 1935.

299

the warden. He is a young man and his sister has secured a job tor him in New York where she lives; Commuted Sept. 14, 1933; Not recommended by Prison Commission.

WALTER B. ARRANT: Union County Superior Court; April term 1933; Manslaughter; 1 to 2 years; On recommendation or trial jurors,great many reliable citizens ot Union County; Commuted September 14, 1933; not recommended by Prison Commission.

STEVE SMITH: Pickens County Superior CourtiApril

Term 1927; Assault with intent to murder; $15u.oo

& 12 months suspendeq; He has been on suspended sen-

tence tor over six years and is recommended by the

trial Judge; Commuted September 14, 1933.

.

THAMAS D. ZIPPERER: Fulton County Superior Court

March term 1931; uttering fictitious check; 2 to 3

years sentences to run concurrently; he has wife

and two small children in Cincinnati who are de-

pendent; recommended by trial Judge; he has made

all checks good and served since January 16, 1932

with good prison record; commuted September 15,

1933; not recommended by Prison Commission.

PAUL JONES: Atlanta Criminal Court; September term 1931; violating prohibition law; 12 months or $250.00 in 5 cases; the tines were paid and more thaft a year and a halt has elapsed since the sentences were suspended; applicant has lived a lawabiding and up-right lite; commuted September 21, 1933.

ALICE REDD: Fulton County Superior Court; November ter.m 1932; misdemeanor; $69.05(Sixty-nine dollars and five cents); and 12months suspended; this tine was paid and more than 10 months have passed since she was given the suspended sentence, and her conduct has been good during that time; commuted September 28, 1933.

MRS MAMIE BROWN: Atlanta Criminal Court September term 1933; possessing home brew; $5o.o6 or rour

300

JouRNAL OF THE SENATE,

months; it appearing that Mrs. Mamie Brom is in destitute circumstances and that her only dependence tor support is a crippled daughter; Mrs. Brown is unable to pay the tine ot $50.00,or any part of it; commuted September 29, 1933; not recommended by Prison Commission.
WESS WEAVER: Upson County Superior Court;July term 1920; murder; lite; Was granted parole August 17, 1932, in view of good prison record and good recommendations tor c~emertcy; it has been Shown that he lived up to his parole; commuted October 9, 1933; not recommended by Prison Commission.
DAVID N.(NEWT)BREWSTER: Whitfield County Superior Court; October term 1930; murder; lite; his wi~e recently died and he has several small children dependent on him for support,recammended by Officials,State Farm Physician,says he has marked mental depression; served over one year; commuted October 10, 1933.
THOMAS B. BLAKE: Was convicted at the September term 1928,Fulton County Superior Court tor murder and sentenced to life; all the relatives of the dead waman,including her two brothers,are asking tor clemency and state that they are now convinced that Blake was not guilty,he has one chil~ who needs his support; commuted October 10, 1933;conditional pardon; Not recommended by Prison Commission.
FRANK JOINER AND J .T .RYCROFF: Early County Superior Court; October term 1932i larceny from house; 12 months or 4 months and ~50.00; good prison records,destitute circumstances of families; recommended by large number of citizens; commuted October 11, 1933.
JACK BELLEW: . Habersham County Superior Court; spring term; 1923; burglary; 5 to 10 years; this man has made lot years on a 5 to 10 year sentence with exception of about two months during which h~ was an escape. His health is bad according to

MoNDAY, jANUARY 21, 1935.

301

affidavit of County Physician,aftlicted with heart trouble; commuted October 11, 1933; not recommended by Prison Commission.
BASH LEE THOMPSON: Fulton County Superior Court; January term 1931; for aiding and escape; 1 to 4 years; it has been satisfactorily shown that she faithfully served her parole; commuted October 11, 1933.
CLAUDE MANN:alias JOHN HENRY MANN: Floyd County Superior Court; Janmry term 1920; murder; lite; deceased threatened him constantly; recommended by warden; commuted October 12, 1933; not recommended by Prison Commission.
RED CRAIG: Pike County Superior Cour-t; July term 1931; aiding prisoner to escape the same being case #22932 Court of Appeals 3 years; which case was later commuted to a fine and the fine paid; also given six months and 12 months in Fulton County, case #114092,Criminal Court of Atlanta tor possessing intoxicating liqucrs 182795; on which sentence the applicant made 12 months and balance of sentence was suspended by Judge Wood; has job to make honest living; commuted October 14, 1933; not recommended by Prison Commission.
JAKE SLC:CUMB: Bibb County Superior Court; March term 1923; murder; life; served almost 9 years with good prison record; young negro boy 17 years of age; Mr. Edward F. Tayloi:",who was one of the trial jurors, says in letter addressed to Prison Commission that he is still of the opinion as was then that the man should have been convicted of nothing more than manslaughter; Prison Commission recommends parole; commuted October 25, 1933.
BOB WILLIAMS: Bibb Coun"ty Superior Court; January term 1911; murder; life; applicant has made twenty-two years; recommended by a large number of persons; commuted October 25, 1933; not recommended by the Prison Commission.

302

JouRNAL oF THE SENATE,

FLOYD RUTLAND: Colquitt County,City Court; June term 1933; drunkenness on public highway; 8 months on gang; recommended by Sheriff,Solicitor,and trial Judge; commuted October 26, 1933; not recommended by Prison Commission.
TAI11A.DGE PRYSOCK: Emanuel County Superior Court; January term 1930; voluntary-manslaughter; 5 to 8 years; recommended by a number of responsible citizens; Ordinary; pollee in Swainsboro; Justice of Peace; Dr. G.E. Yeomans,Mr. S.J. OVerstreet,Mr. M. H. Blount,Mr. B.Lewls Brinson; and others who have tiled their individual recommendations tor clemency; commuted October 25, 1934; Not recommended by Prison Commission.
JOHN STRICKLAND: Coffee County Superior Court; Spring term 1927; tor mob violence; 4 to 20 years; was paroled on July 25, 1930; Prison Conmisslon reported that diligent inquiry and investigation ot the conduct of said paroled prisoner during the term of his parole,shows that he has complied with conditions of parole and has demeaned himself in a proper and satisfactory manner; commuted November 8, 1933.
P.E. WILLIAMS: Baldwin County Superior Court; January term 1933; embezzlement; 12 months; recommended by trial jurors,offic~als and citizens of
Baldwin County; commuted November a, 1933; not
recommended by Prison Commission. ARCHIE BURNEY: Eastman,Georgia,City Court;August
term 1933; selling and possessing liquor; 6 months; recommended by trial Judge; Solicitor of City Court of Eastman; wife and children practically
. upon charity; commuted November 8, 1933; not recom-
mended by Prison Commission LONNIE FAVORS: Terrell County Superior Court;
May ter.m 1914; murder; life; convicted and has been serving since 1914,or 19 years; has made good prison record and is now growing old; commuted November 8, 1933; not recommended by Prison Commission.

MoNDAY, jANUARY 21, 1935.

. 303

LEE PRYOR: Spalding County Superior Court;April term 1928; murder; life; Neighbor phoned the police that Pryor was beating his wife,although Pryor was at home alone. He had received several threatening letters and was expecting to be assaulted or harmed. When Police arrived without Pryor knowing who they were he shot into the crowd and killed one of their number. Has served almost 5 years; commuted November 8, 1933; not recommended by Prison Commdssion.

JA11ES SILER: Turner County Superior Court; July term 1933; misdemeanor; 1 to 2 years; It appears that James Siler did not participate in entering the store, but that he had come on down the road away from the other boys, and refused to enter the store; commuted November 20, 1933; not reconnnended by the Prison Connnission.

DAN HUMPHRIES: Thoms County Superior Court; October term 1931; simple larceny; 2 to 5 years; Solicitor-General recommends a pardon; commuted November 17, 1933; not recommended by Prison Commission.

CH.Il..RLES BRASWELL: Walton County Superior Court; November term 1931; Making liquor; $75.00 and 12 months suspended; Applicant was given a suspended sentence of 12 months in November 1931; and practically two years have elapsed since that time and applicant's record has been good during that time. The fine was paid; Commuted November 22, 1933.

LESTER LEON ROWE: Fulton County Superior Court;

aFpebprluicaarynttewr~ms

1928 Bigamy; 3 to 5 paroied on September

years; This 9, 1930,and

has

lived up to his parole since that time; Commuted

November 22, 1933.

OTIS CHALMERS: Fulton & Floyd Counties Superior Court; April term 1928; Robbery; 4; 4; 10 and 20 years; This applicant was paroled on October 11, 1932,and it has been satisfactorily shown that he has made a good record under the parole; Commuted November 22, 1933.

304

JouRNAL OF THE SENATE,

I.J. MCMILLAN: Berrien County Superior Court; Spring term 1927; Assault to Murder 4 to 7 years; This applicant was given parole on August 7, 1930, and it has been satisfactorily shown that he has lived up to his .parole; Commuted November 22, 1933.
L.A.OECHSLEE: Atlanta,Georgia Criminal Court; October term 1929; Possessing whiskey; $150.00 fine and suspended sentence of 10 mos. The fine was paid; This applicant has made a good record as a law abiding citizen over a period of four years and pardon is recommended by reputable business people who are acquainted with his daily life; Connnuted November 22, 1933; Not recommended by Prison Commission.
JACK BONE: Floyd County Superior Court; August term 1905; Murder; Life; Bone was granted a parole on November 2, 1932; and has lived up to the rules of the parole laws; Commuted November 23, 1933.
JIM MOSLEY: Appling County Superior Court; Aug-
ust term 1932; Fishing out of season; $25.00 &
cost or four months; He will have made two monthS on the 30th of November. In view of the fact that his family is destitute, pardon is granted as of November 30, 1933; Commuted November 24, 1933; Not recommended by Prison Commission.
ROBERT YOUNGBLOOD: Wa~ker Cm.mty Superior Court; August term 1931; Burglary; 3 to 5 years; This boy was 17 years of age at the time he entered service and has served practically the minimum sentence,being due automatic parole on March 24, next year. Judge Johns,vice Chairman of the Prison Camm1ssion recommends clemency although no formal application is pending before that body; Commuted November 22, 1933; Not recommended by Prison Commission.
GII11ER DEAN: Polk County Superior Court~ February term 1933; Burglary; 2 to 4 years; Youth of applicant,good prison record,and Clemency is recommended by the Judge,city and county officials

MoNDAY, jANUARY 21, 1935.

305

and others; Commuted November 23, 1933.

JOS. c. WILLIAm: Fulton County Superior Court;
Fall term 1927; AssaUl+ with intent to rape; 1 to 5 years; He was paroled Jn October 18, 1928. Good prison record and has excellent record since being paroled,having re-established himself in the community in which he lives; Commuted October 27, 1933; Not recommended by Prison Commission.

HENRY B. PATTERSON: Muscogee County Superior Court; November term 1932; Embezzlement; 1 to 2 years; Good prison record !or almost 10 months;his character prior to being sentenced is shown to have been excellent,and clemency is recommended !or him by the trial jurors,grand jurors,warden, Representative o! Muscogee County and a number o! responsible citizens. Clemency is neither recommended nor opposed by the Judge and Solicitor-General; Commuted November 3, 1933.

MARY CONE: Muscogee County Superior Court; Fall term 1931; Manslaughter;l to 3 yrs;Prison Commission reports she has complied with the conditions o! her parole and has demeaned herself in a proper and satisfactory manner; Commuted November 4, 1933.

LAWSON WARE: Floyd County City Court; September term 1933; Stealing one Doz. roasting ears; 6 months; Clemency is recommended by Judge and Solicitor who tried the case. Family in destitute circumstances; Commuted December 6, 1933; Not recommended by Prison Commission.

MRS. ELIZABETH SPEAR: Atlanta Criminal Court; April 1931; October term 1932; Possessing liquor; $200.00 & 12 months suspended; $100.00 and 8 months suspended; Recommended by the warden under whom she has served, and both fines were paid; Commuted December 111 1933.

J.c. MIDDLEBROOKS: FUlton
May term 1933; Robbery; 3 to

5CoyuenatyrsL; >Tup.ecr.1oLr oCveo,urt;

Manager o! the store that was robbed,was the only

306

JouRNAL oF THE SENATE,

Staters witness in the case. Mr. Love now makes
affidavit that while at the time of trial he believed Middlebrooks to be guilty,that he has found out now that he is mistaken and he asks that this man be released; Commuted December 12, 1~3; Not recommended by Prison Commission.
T.R. ELLIS: Atlanta, Georgia Criminal Court; September term 1933; Possessing whiskey; $100.00 fine and 8 months-8 months suspended on payment of fine. Fine paid; The suspended sentence is preventing him from engaging successfully in business; Commuted December 12, 1933; Not recommended by Prison Commission:
ROYSTON HOLTZCLAW: Forsyth County Superior Cour~ November term 1931; Larceny; 1 to 3 and l to 3 years; This applicant was convicted on two counts due to the fact that the money of which he was convicted of stealing belonging to two different parties. In my opinion only one offense was committe~ as the money was altogether in one place. He was sentenced to from one to three yrs. in each case, and begun service in November 193l,and has accordingly made mare the.n the minimum of each sentence; Commuted December 13, 1933; Not recommended by Prison Commission.
MILTON A. SHIRAH: Colquitt County Superior Court; October term 1933; Libel; 12 months and 6 months
suspended; I am informed that Mr. Shirah,in additicn
to being an editor,is also a Primitive Baptist Minister. Affidavit of Sheriff Beard printed in Moultrie Observer under date of Oct. 24, 1932,stated practically the same facts as those states in the Free Lance of Oct. 20,1932. The principal facts being that Sheriff Beard contends that letter was given to any officers who might hold up Croft for the purpose of trapping whiskey runners. The rule as laid down by the Supreme Court is that for any article to be libelous the article as a whole must be libelous and that no particular part of the article can be segregated from the whole for the purpose of showing a libel. Taking the articles com-

MoNDAY, jANUARY 21, 1935.

307

plained of as a whole, I am of the opinion that they were not libelous; Commuted December 13, 1933; Not recommended by Prison Commission.
ARTHUR H. FAVORS; Atlanta,Georgia Criminal Court; dJaunceudarytote$r2m001.9003~3$615.20m0 oonfthws hoicrh$h5a0s0.b0e0e-ntinpeaidre; -He is only making $15.00 a week and has a wife and 5 children; Commuted December 13, 1933; Not recommended by Prison Commission.
WALTER MCMANUS~alias W.F.HUDSON,alias J.T.CARROLL; Fulton & Coweta ~ounties respectively; Larceny of auto,Simple larceny; 1 to 5; 1 to 5 and 5 years; This applicant having served under parole with satisfactory record since April 14, 1933,he is hereby pardoned; Commuted December 13, 1933; Not recommended by Prison Commission.
GEO. A. HAYNES: Atlanta,Georgia Criminal Court; December term 1932; Abandonment; 12 months;Evidence before me Shows that Mr. Haynes has contributed, insofar as his financial ability would permit, to the support of his child,and I am convinced that he will continue to do this. Also,evidence before me shows that the plea of .guilty was entered in this case improvidently; Commuted December 18, 1933; Not recommended by Prison Commission.
DAN KNIGHTON: Dodge County Superior Court; May term 1933; Burglary; 6 months; On account of the tact that he escaped and was gone for two or three days, he was given an additional sentence of six months !or escape,and has served since October 24, on his sentence for escape; Commuted December 18, 1933; Not recommended by Prison Commission.
HELEN DAVIS: Fulton County Superior Court; February term 1932; Perjury 3 to 4 years; Recommended by Solicitor Jno. A. Boykin and the other defendant involved is already out; Commuted December 19, 1933; Not recommended by Prison Commission.
MARSHALL BROWN: Atlanta,Georgia .Criminal Court;

308

JouRNAL oF THE SENATE,

November term 1933; Possessing whiskey; 4 months; Applicant has served about two months for having one pint of whiskey; Commuted December 20, 1933; Not recommended by Prison Commdssion.
CLARA CALLAWAY: Atlanta,Georgia Criminal Court; April term 1929; Possessing liquor; $100.00 fine and 10 mos. suspended; the fine was paid and more than 4 years have passed since the sentence was suspended; Conmruted December 21, 1933.
A.R. HARPER: Fulton County Superior Court; indictment No. 40614; November term 1933; Forgery; Fine of $100.00,incl~ding cost,l2 months to be suspended on payment of fine and restitution; This man has a wife and two small children in destitute condition,and the wife is an expectant mother. The money has been repaid to the First National Bank; Commuted December 22, 1933; Not recommended by Prison Commission.
HERMAN GASDEN: Fulton County Superior Court: July term l933;Burglary;2 to 4 yrs;lo year~ o~d,was transferred in Sept. this year by Executive order to the training school. His record both before and since the commission orthis crime indicated that he got into the commission of this crime on account of temporarily being thrown into bad company. His mother,who is a widow,is very much in need of his services; Commuted December 22, 1~ Not recommended by Prison Commission.
R.D. HARRIS: Fulton County Superior Court;Indictment I 38638 May term 1933; Burglary; 1 to 3 years; Probated by Judge Virlyn B. Moore,served with good record according to letter received from Hon. G. Allen Maddon,Chief Probation Officer. Commuted December 22, 1933. Not recommended by Prison Canmission.
GRIFFIN PE1~'YJOHN: Polk County Superior Court; December term 1932; Bastardy; Fine of $275.00 or serve 12 months; He was only 17 years of age when he was alleged to have committed the crime and has

MoNDAY, JANUARY 21, 1935.

309

served 6 months in the chain-gang. Reliably reported that there is considerable doubt of his guilt; Commuted December 22, 1933; Not recommended by Prison Commission.
NELSON BOUCHARD: Muscogee County Superior Court; May term HB3; Embezzlement; 12 months; Clemency recommended by the trial Judge,Sheriff,Clerk of the superior Court,Warden and Hon. Frank Foley; Commuted December 22, 1933; Not recommended by Prison Commission.
J .A. MARTIN: Turner County Superior Court;September term 1920; Murder; Life; This man was given parole on Sept. 22, 1932,and it having been shown that he has been a law-abiding citizen since that time; Commuted December 22, 1933; Not recommend~d by~rison Commission.
VERGIL FRAZIER: Gwinnett County Superior Court; September term 1933; Simple larceny; 12 mos.State Prison Farm due to fact he was subject to epileptic fits; The trial Judge states that he has already served a lot of time for the crime of which he was convicted. His wife is in destitute condition and without any relatives or friends to whom she can appeal; Commuted December 22, 1933; Not recommended by Prison Commission.
GUY LONG: Miller County Superior Court; April term 1931; Murder; Life; Clemency recommended by all the trial Jurors,grand jurors,county Commissio~ ers, County officials and others. Wife and child in need of his support; Commuted December 27, 1933.
T.R.(THEODORE)BERRY: .Fulton County Superior Court; February term 1926; Murder; Life; This applicant released on parole Jan. 10, 1933,and has made satisfactory reports for one year; Commuted Dece~ ber 30, 1933; Not recommended by Prison Commission.
GEORGE E. ROBBINS: Ware County Superior Court; Spring term 1929; Manslaughter; 15 to 20 years; This applicant was granted a parole on July 28,1932,

310

JouRNAL or THE SENATE,

and has therefore served about 17 months under parole with good record; Commuted December 30, 1933, Not recommended by Prison Commission.

D.F. POPE:Who was convicted in the Superior Court of Walker County at the February term 1930, of forgery and sentenced to four years,and a full pardon for him has been requested by a great many of the most up-right and out-standing citizens,business and professional men of his section and the State at large,who state that he is handicapped in providing for his family on account of not having a pardon,and statlng further that they believe that his fine record as a citizen before conviction and exceptionally exemplary conduct since conviction fully warrant and demend an immediate and full pardon, carrying restoration of citizenship. And, stating that many good citizens entertain grave ~ doubt as to his guilt; Commuted March 7, 1933; Not recommended by Prison Commission.

JOHN M. NEIGHBORS: Convicted of abandonment of a minor child and given a suspended sentence of 12 months at the November term,l93l,criminal court of Atlanta,Fulton County; The minor child married the early part of this year. No good can be accomplished by this suspended sentence hanging over him when the minor child in the case is now married; Commuted September 25, 1933; Not recommended by Prison Commission.

A.B. PALMER: Convicted at the May term,l930 of

Superior Court of Fulton County,of the charge of

rape and given 15 to 16 ~ears and has been serving

since that time; Recommended by Hon. Jno. A. Boy-

kin,Solicitor-General,Hon. Virlyn B. Moore, and

the trial Judge; Commuted September recommended by Prison Commission.

20 1

1933;

Not

JACK LIVINGSTON: Convicted under indictments 32215,32212 and 32214,has made satisfactory showing of good conduct as a prisoner; Clemency has been recommended by the Warden,trial Judge,Several of the county Commissioners, County physician.and

MoNDAY, jANUARY 21, 1935.

311

other responsible citizens; Commuted September 1~ 1933; Not recommended by Prison Commission.
BEN COUCH: Greenville,Georgia City Court; August Special term 1933; Possessing Whiskey; 12 months; Clemency is strongly recommended by the trial Judge, prosecuting Solicitor and the Sheriff who states Couch prevented a jail break; Commuted January 16, 1934; Not recommended by Prison Commission.
G.A. BOOTH: Toombs County Superior Court; Murder;Life; September term 1927; This man was given parole on October 13, 1932 by Governor Russell; It having been shown by letters from several coun~y officials that he has lived a law abiding life since the parole; Commuted January 17, 1934; Not recommended by Prison Commission.
JOHN MII.J...ER: Polk County Superior Court August Adj. term 1932; Murder; Life; Recommended by the Judge,Solic1tor-General,County Commissioners,County officials,Warden and others; Commuted January 23, 1934.
R.H.(HUEY)BA.RNETT: Gw1nnett County Court; November term 1933; Misdemeanor; Six months or a fine of $25.00; Clemency is recommended by Sheriff, County physician and chairman of County Commissioners; Commuted Jan. 24, 1934; Not recommended by Prison Commission.
ANNIE L. VAUGHN: Ben Hill superior Court; April term 1931; Val-Manslaughter; 5 to 10 years; From all the record of this case it appears that this girl was reared with very few opportunities. That she had tried to support not only herself,but to assist in maintaining the family of her father and also that of a cripple. Intimate relations developed between her and the deceased and,according to her statement,these relations existed for some time. She states that a few months prior to the killing she became pregnant,and that her demands and pleadings for him to do something about it

312

JouRNAL oF THE SENATE,

finally caused him to become angry. That he threatened to kill her to get her out of her trouble. This occurred while they were alone in an automobile parked on a side road. I:. appears from the record that she secured the pistol of the deceased from the pocket of the automobile,and shot him in a fit of hysteria after which she walked home,secured her father's pistol and attempted to commit suicide which would seem to bear out the truth of her story,both as to her condition,and the reason for the shooting. She has served nearly four years; Commuted January 25, 1934; Not recommended by Prison Commission.
'WILSON EBLING: Floyd County Superior Court; January term 1934; Possessing liquor(plea of guilty); 6 mos. in common jail of said county,and to serve
12 mos. in the chaingang,to pay fine ~f $500.00 &
all costs in said case; These jail and chaingang sentences are to be probated on payment of the fine and all costs. It is ordered that these sentences be pardoned on payment of the fine and costs-upon payment of such fine and costs; Commuted January 25, 1%4; Not recommended by Prison Commission.
J .D.MARSHALL: Houston County Superior Court; May term 1933; Manslaughter; 1 year; It appears that the real facts in the case were that the deceased attacked applicant with a-2 x 4 scantling and that applicant shot deceased in self defense. It appears further that deceased was a heavy drinker and had threatened applicantrs life. That deceased had been sent to hospital for observation, and had been released on condition that he would not drink any more. It also appears that at the Coronerts inquest that the wife of the applicant was permitted to testify,and that applicant was promptly acquitted by the Coronerrs jury,wnich held that applicant had acted in self defense. Immediately upon conviction he reported voluntarily to the State Farm at Milledgeville,and has made a model prisoner since that ttme; Commuted January 2~ 1934; Not recommended by Prison Commission.

MoNDAY, jANUARY 21, 1935.

313

J .G. COGGINS: Cobb County SUperior Court; July term 1933; Shooting at another; 1 to 4 years; Clemency recommended by the trial Judge and three deputy sheriffs who were the prosecutors and the parties shot at; Commuted Jan. 3, 1934.
LEE J:i'OWLER: Franklin County Superior Court;August term 1928; Murder; Life; This man has served since October 13, 1928. He has good prison record according to Warden; Commuted January 9, 1934;Not recommended by Prison Commission.
SIDNEY LAMPP: Johnson County Superior Court;September term 1926; Manslaughter; 20 years; This man has been serving under parole since July 28, 1932, It has been Shown that he has been law-abiding citizen since that time; Commuted January 11,1934.
OSCAR(L.O.)GIBSON: Rabun County Superior Court; Spring term 1924;Murder; Life; Clemency is recommended for this applicant by the trial Judge and the widow of the deceased;Commuted January 12,1934; Not recommended by Prison Commission.
REUBEN ALLEN: Floyd County Superior Court; January term 1933; Possessing liquor; 12 months on Chaingang and 6 months in jail. Sentences suspended on payment of fine of $50.00 and costs amounting to $93.05 all of which has been paid; Petitioner was subsequently charged with carrying a pistol and was tried by a jury and acquitted, but is being held in jail under revocation of probation order growing out of the charge of carrying a pistol;Commuted January 26,1934. Not recommended by Prison Connnission.
E.L.WORTHAM: Paulding County Superior Court; Spring tenn 1931; Val-Manslaughter; 3 to 5 years; This man was paroled on March 30, 1933 and has made satisfactory reports thru December,l933; Commuted January 30, 1934; Not recommended by Prison Commission.
FMNK TYRE: Wayne County Superior Court; April

314

JouRNAL OF THE SENATE,

term 1927; Val-manslaughter; 18 to 20 years; This

applicant was and it having

gran been

t

ed sa

parole on tisfactoril

December y shown t

h15a1t1h9e32h,

a

s

lived a law abiding life since tha.t time; Commuted

January 30, 1934.

J.M. WILSON(White); Lamar County Superior Court; March term 1932; assault to Murder; 5 to 10 years and convicted at the April term,l933 of the Superior Court or Bibb County or the crtme of robbery and sentenced to 3 years; J.M. Wilson has served since march 16, 1932,which is almost two years. He was only 19 years or age,and the records show that he comes or an excellent family. Further confinement in the penitentiary at his age would probably be more detrimental than beneficial. Should the said J.M. Wilson make regular reports and conduct himself in a satisfactory manner for a period or 12 months from this date,then this pardon-sball be of full rorce.Otherwise this pardon will be null and void; Commuted February 1, 1934; Not reconnnended by Prison Commission.

I.H. CARTER: Richmond County Superior Court; term 1931; Manslaughter; 4 to 9 years; Clemency is recommended by the Solicitor-General,Sheriff and by other responsible people or the county Where the homicide occurred; Commuted February 2, 1934; Not recommended by Prison Commission.

B.E. BASS: Wayne County Superior Court; November term 1932; Embezzlement; 2 to 4 years; Good prison record, extremely poor physical condition,and recommended by ~he County Physician; Commuted February 3, 1934.

FRED R. COWART: Miller County Superior Court; April term 1925; Mayhem; Life; This applicant was given parole on May 12, 1930, and it having been shown that he lived a law abiding life and made good reports during his parole; Commuted February 3, 1934.

BOB WEBB: Gwinnett County Superior Court; Sept.

MoNDAY~ jANUARY 21, 1935.

315

Adj. term 1932; Seduction; 2 years; Clemency is recommended by all of the trial jurors and by the wa~ den and County Cammissioners,and applicant has a wife and two small children dependent on him for support. Commuted February 8, 1934.

RUSSElL REESE: Hall County Superior Court; July term 1932; Burglary; 1 to 2 years; Clemency is recommended by the trial Judge,Prosecutor,Warden and others; Commuted February 8, 1934.

MARVIN CALLAWAY: Fulton County Superior Court; March tenn 1920; Murder; Life; This man was granted parole on Sept. 30, 1930, and it having been shown that he has made all reports and lived a law abiding life since that ttne; Commuted February 13, 1934.

PALMER LANIER: Bulloch County Superior Com-t; May term 1931, April term 1932; Assault to murder; 2 to 3 years and 2 years; Clemency is recommended by all of the trial jurors,tria.l Judge,Wardens under whom he has served; Commuted February 13, 1934.

J .M.S.GREEN: Tift Cmmty Superior Com-t; July term 1921; Murder; Life; This applicant was paroled onl3th,day of November 1930,and it having been shown that he has lived a law abiding life pardon is hereby granted; Commuted February 13, 1934.

PINK QUI.NN: Cook County Superior Court; December

Adj. term 1931; Assault & Battery; 12 months in 4

consecutive cases; Served with good prison record

from Dec. 31, 193l,until June 9, 1932,when he was

probated,and his record since that time has been

good; Commuted February 13, 1934.



T.H. PIERCE: Campbell County Supert,or Com-t;

August__term 1929; Assault to murder; 4' to 7 years;

This the

r

~n
epo

was rts

grant sub:rai t

ed parole on January ted by him have been

~.Z$Jt;1.s119'3a3ctoarnyd;

Commuted February ~13, 1934.

. . . . .

316

JouRNAL OF_ THE SENATE,

LEMM HAMMOND: Franklin County Superior Court; March term 1933; Hog Stealing; 2 to 3 years; The Solicitor-General trying this case states that he has served one year or his sentence and was in jail about 14 months before conviction, and that this defendant was given only 12 months by the jury,and recommends clemency; This is concurred in by the trial Judge and the Sheriff; Commuted February 14, 1934; Not recommended by Prison Commission.

TOM ANDERSON: Chattooga County Superior Court; December term 1932; Assault to Murder; 2 to 3 years; According to the record this applicant was guilty or stabbing instead or assault to murder. The man Who was stabbed was never confined to his room on account or it; Commuted February 16, 1934; Not recommended by Prison Commission.

EZELL WATKINS: August term 1933;

MJafsgp.e,rliqCuoourn;typSayupaerfiionreCoorur$tio.oo

and 12months probation; On December 4, 1933,above

prisoner was probated by the trial Judge. His fam-

ily lives in Atlanta and are in dependent condition.

He is unable to come to Atlanta on account or the

probated sentence; Commuted February 19, 1934; Not

recommended by Prison Commission.

J.G. THOMPSON: Terrell County .Superior Court; November term 1932; Embezzlement; 2 to 3 years; Clemency is recommended for hDn by trial Jurors, County commissioners,and a very large number or citizens who are residents or Shellman andRandolph and Terrell County Communities who are familiar with the facts and circumstances or the case and by parties who were losers in the failure o:r the ba.nlc;Commuted February 19, 1934.

HARLAN CHAPMAN,alias JOE SMI~Y: Tattnall County Superior Court;. April term 1933; Murder; 1 year in penitentiary; Alfred Reddish,20 years o:r age,o:r Tattnall County,Georgia,was killed 47 yrs. ago by_ a boy named Joe Smiley, several years younger than Reddish. Under the facts the deceased aggravated the Smiley boy to commit the crime by vile language

MoNDAY, jANUARY 21, 1935.

317

used to him. Smiley escaped and 45 years later a man was arrested in Kentucky and charged with being the Joe Smiley who committed the crime,he being convicted and given one year. Circumstantial evidence and direct evidence in the case was vet~ conflicting-so that it is easy to reach the conclusion that the man arrested as Joe Smiley is not the man wanted. The tact that when tried he only received a sentence ot one year tor the crime shows beyond question either that the jury were extremely doubtful ot his being the right man or else they thought the homicide justifiable. It is probable that both ot these influenced their judgement. Commuted February 27, 1934; Not rec~~ended by Prison Camm1ssion.

CARL BARNES: Gwinnett County Superior Cotrr't; September term 1933; Stabbing; $25.00 tine or 6 months; Clemency is reconnnended by the Sheritt ot Gwinnett County,L.J. Phillips,Warden,and by a number ot citizens; Commuted Feb. 28, 1934; Not recommended by Prison Commission;

HAROLD GANN: Fulton County Superior Court;March

term 1931; Burglary; 5 to 7 years in 9 cases,and 2

to 5 years in 4 cases; Above prisoner was paroled

on September 29, 1932,and reports show that he has

complied with conditions ot the parole,and that he

has demeaned himself in a proper and satisfactory

manner; Co.mm.uted February 28, 1934.



ALBERT MILLER:Fulton Co.,Superior Court;November term 1931; MUrder; Lite; Defendant was. convicted on evidence very contlicting,and which would have authorized the jury either to convict or to acquit. According to the evidence ot two police otticers, and a large number ot reliable business people in Atlanta Who knew both negroes, the deceased has a bad reputation,while the same people testify to the good character ot the applicant. Acting on the evidence ot reliable white people who have known applicant all his lite and who also knew the deceased,and who are anxious tor applicant to regain his freedom; Connnuted March 1, 1934; Not recommend-

318

JouRNAL oF THE SENATE,

ed by Prison Commission. A.W.BURSON: Walton County Superior Court;Febru-
ary term 1933; Misdemeanor; 12 months; This prisoner bas served a little more than 12 mos. on a 12 mos. sentence. Hcmever, he was an escape for about 3 months of' that time. On representa~ion made by reliable citizens who know the family concerned in this case, I feel warranted in extending clemency at this time. IT IS FURTHER PROVIDED, on representation,that if' the said A.W.Burson is able to obtain employment outside the bounds of' this State, that he is not required to remain in the State during the term of' this probation; Commuted March 5, 1934; Not recoiiiDlended by the Prison Commission.
H.E.PARKS: Dawson County Superior Court; Volmanslaughter; March term 1925; 12 to 14 years; Clemency is recommended by a number of' the leading citizens of' Dawsonville,including Hon. G.O. Hughes, Tax Collector,Hon. H. Palmour, Representative from Dawson County and Hon. J.R. Tatum,County School Supt. Commuted March 7, 1934.
D.F.POPE: On the 7th day of' March 1933, pardon was granted to D.F.Pope in which it was stated that D.F. Pope was convicted of' the offense of forgery, it ncm appears this was in error and that the count on which he was convicted was uttering a forgery. Was paroled by Governor R.B. Russell, Jr. Jan. 9, 1933, A f'Ull pardon f' or him has been requested by a great many of' the most up-right and outstanding citizens,business and professional men of his section and the State at large,who state that he is handicapped in providing for his family on account of' not having a pardon. A good many good citizens ente~ta1n grave doubt as to his guilt; Commuted March 17, 1934; Not recommended by Prison Commission.
ALBERT T. WHEELESS: Lamar & Bibb Counties Superior Court; March 1932; & April 1933; 1932-Assault with intent to murder & 1933-Bibb County Robbery;

MoNDAY, JANUARY 21, 1935.

319

5 to 10 yrs. and 3 yrs; This boy committed this crime together w~th J.M. Wilson,who was given condition pardon on Feb. 1, 1934. Both these boys were about 19 yrs. or age and are from good families at College Park Georgia~Service was begun on March 16, 1932, by th!s applicant so that he has actually made two yrs. for these crimes and he is now 21 yrs. of age. And,it is reasonable to suppose that if penal servitude will correct him that he should be given a new chance at this time before serving too long in the chaingang; Commuted March 14,1934; Not recommended by Prison Commission.
FRANK MILLER: Treutlen Collllty Superior Court; February term 1928; Murder; Life imprisonment;Clemency is recommended by M.O. Scroggins,R.J.Denson, Commissioners or Roads and Revenue~ or Banks Co., where defendant has served a part or his time,by Supt. or the Prison and about four guards and J.s. Jolley,Countyphysician. Also by 11 of the trial jurors,the 12th being dead,W.H. Compton Cammissioner or Roads and Revenues, Madison ColUlty S.M. McLain,Warden Madison County A.J. Griffith, County Physician and 7 guards; about 75 citizens of Treutlen County who state that the evidence upon which the defendant was convicted was doubtful and not worthy of belief; Commuted March 21, 1934; Not recommended by Prison Commission.
C.R.HEWITT: Wa:Yne Collllty SUperior Court;October term 1933; Giving Check without sufficient Funds; 6 months; From the records submitted in this case, which include bank statement and letter from the bank,it is apparent that this defendant should :never have been convicted. He had a balance tO" his credit in the bank of $21.00 to meet the $15.00 cheek given. Before the $15.00 check was presented at the bank a forged check for $6.90 was paid and charged to his account,which did not leave sufficient funds to pay the $15.00 check. The bank atter examination and investigation acknowledged that the $6.90 was a forgery and gave the defendant credit tor it. This certainly illustrates that there was no intention to give a fraudulent check.. The whole

320

JouRNAL oF THE SENATE,

fault was clearly in the bank cashing a forged check and charging it to defendant's account; Commuted March 22, 1934; Not recommended by Prison Co:umission.
T.L. JACKSON: White County Superior Court; October term 1933; Plea of Misdemeanor; 12 months State Farm; Clemency recommended by Hon. J.B.R. Barrett, Representative,Hon. Hugh K. Phillips,County Physici~n,Lat Vandiver,Sheriff and a great many responsible citizens and county officers of White County; Commuted March 29, 1934; Not recommended by Prison Commission.
ROBERT W. DURDEN: Glynn County Superior Court; Fall term 1925; Forgery with recommendation to misdemeanor; 12 months or $700.00; He was granted commutation to present service on Sept. 15,1925. Conduct has been exemplary since he was probated; Commuted April 4, 1934.
EDDIE HOLLOWAY: Meriwether County Superior Court; February term 1928; Vel-manslaughter; 15 to 20 years; Has been serving under parole since October, 1932. Investigations made by the Prison Commission show that his reports have been in order and pardon is hereby granted; Commuted April 4, 1934;
MRS JOHN TURNER and ELIZABETH TURNER: Floyd County Superior Court; April term 1933;Larceny of auto; 3 to 5 years; 1 year; Clemency is recommended by Hon. W.B. Mebane,Rome,Ga. J.E.Smith,Warden Female Camp,State Prison Farm; Commuted April 7,1934; Not recommended by Prison Commission.
JOHN PUSTELL: Greenville C1 ty Court; July term 1933; Possessing intoxicating liquor; 12 months; Clemency is recommended by a number of county officers and other prominent citizens,and trial Judge; Commuted April 6, 1934.
JOHN BENEFIELD: Muscogee County Superior Court; February term 1931; Robbery & Misdemeanor; 4 years and 12 months. The above named prisoner was grant'ed

MoNDAY, jANUARY 21, 1935.

321

a parole on August 11, 1932 and during his term or parole,reports rendered to the Prison Commission show tha.t he has complied with the conditions of the parole and that he has demeaned himself in a proper and satisfactory manner; Commuted April 5, 1934.
CAESAR JONES: Miller County Superior Court; October term 1932; Larceny; 2 years; Clemency is recommended by all of the trial jurors,Chief of Police,Sheriff,Ex-8heriff,former Solicitor of the City Court,who tried the case and Hon.R.W. Bush,Representative; Commuted April 4, 1934; Not recommended by Prison Commission.
AL BRIGHTWELL:(Colored) Clarke County Superior Court; January term 1934; Burglary; 3 to 5 years; Clemency is recommended by the Warden,Guards of Jasper County Convict Camp. Clemency is recommended by a number of citizens of Oglethorpe County where the negro lived; Commuted April 9, 1934; Not recommended by Prison Commission.
RUFUS CARTER: Floyd County Superior Court;July term 1933; Possessing liquor; Fine of $300.00 anq 12 mos. in chaingang and 6 mos. in jail; Clemency is recommended by warden under whom he has served, and by Hon. W.B. Meba.ne,of Rome,Ga; Commuted April 12, 1934; Not recommended by Prison Commission.
B.J. JONES: Stewart County Superior Court;October term 1932; Burglary; 1 yr. and 10 years to follow; Clemency recommended by the trial Judge,Solicitor-General,all of the trial jurors,Warden and others; Commuted April 13, 1834.
GEORGE DURHAM: Baker County Superior Court; July term 1930; Cattle stealing; 12 months or $750. 00 fine-the fine was paid; The Solicitor General states that the evidence on which he was convicted was questionable; Commuted April 19, 1934; Not recorr.mended by Prison Commission.
EDWARD BATES: Spalding County Superior Court; November term 1932; Murder; Life; Clemency is reco~

3B2

JouRNAL oF THE SENATE,

mended for him by trial Jurors, officials,sheriff and a number of reputable citizens; Commuted April 20, 1934.

LELAND HARVEY: was under sentence tor one hundred and twenty-five years,as follows: 4 cases Fulton Superior Court,larceny of auto,5 years in each case, making a total of 20 yrs; 1 case Bibb Superior Court,larceny of auto,5 years; 5 cases Bibb Superior Court,robbery,20 years in each case, making a total of 100 yrs; and on May 24, 1933,by Executive Order he was pardoned asto the 5 cases of robbery,Bibb Superior Court,carrying cumulative sentence of 100 yrs; and since that time he has served with good prison record; it is now that he be pardoned of the four cases for larceny of auto; Fulton Superior Court,and 1 case in Bibb Superior Court for larceny of auto; Commuted April 20,1934; Not recommended by Prison Commission.

AUBREY SMITH: Convicted in the December Term,

1928~Fulton Superior Court of Larceny of auto and

given 5 yrs; in April 1929,Bibb Superior Court,

convicted in 11 cases and sentenced to 145 yrs. in

the State Penitentiary,making a total of 150 years;

the charges and sentences against him in Bibb SUp-

erior Court and number of cases are as follows:

#97,November term,l92l,Burglary

20 Yrs.

139,November term,l923,Larceny of Auto

5 Yrs.

16l,November term,l923,Larceny of Auto

5 Yrs.

7l,April term,l924,Larceny ot Auto

5 Yrs.

74,April term,l924,Larceny of Auto

5 Yrs.

66l,November term,l928,Larceny of Auto

5 Yrs.

803,April term,l929,Robbery

20 Yrs.

804,Apr11 term,l929,Robbery

20 Yrs.

805,Apr11 term,l929,Robbery

20 Yrs.

806,Apr11 term,l929,Robbery

20 Yrs.

807,April term,l929,Robbery

20 Yrs.

Commuted April 20, 1934; Not recommended by Prison

Commission.

J .M. LAND: Muscogee County Superior Court;

August Having

term made

1931; Vel-Manslaughter; good record since Sept.

3a,

to 4 years; 193l,was

MoNDAY, jANUARY 21, 1935.

323

paroled on April 28,1933,and since that time his conduct has been good; Commuted April 21,1934; Not recommended by Prison Commission.

Arthur McBRAYER: Forsyth County Superior Court; March tern1 1933; Larceny; 12 months;Clemency reco~ mended by Clerk of the Court,the Warden,9 trial jurors and prosecutor and a large n1.m1.ber of reputable citizens. Considerable doubt about his guilt, appears likely he was trying to shield a brother; Commuted April 25, 1934; Not recommended by Prison Commission.

FLOM~IE MCKENZIE: Floyd County Superior Court;

Octob~r term 1933; Possessing liquor; 12 months in

S 4

tate mos.

Farm and 6 months in State Farm a

f

in ine

jai of

l~1 2a5n0d.00a

fter &c

servin osts;

g

Deputy Sheriff, Ben McCallum of Floyd County recom-

mends th~t this prisoner be released from custody

and allowed to go to her home in Chattanooga,Tenn;

Commuted Apri~ 25, 1934; Not recommended by Prison

Corrrrnission.

MRS. T.E. WILLIAMS: Atlanta,Georgia Criminal Court; December term 1933; Cheating & Swindling Under case No. 13-707-Docket No. 121094; 12 mos. State Farm; This applicant's sentenco was probated and in addition to the usual probation provisions, it was provided in the order that she was to pay $5.00 twice a month until the amount of $75.00 had been paid as restitution. This last provision being illegal,and having the affect of collecting a debt by criminal proceedings; Commuted April 27, 1934; Not reco~~ended by Prison Commission.
JNO. w. TURNER:_ Long County Superior Court;
March term 1%2; Burglary; 3 to 7 years; Clemency is recommended by Hon. J. Saxon Daniel,trial Judge by the Supt. of the State Farm,the Warden of State Farm,by persons who were the victims of the burglary and by Hon. Jos. Grice,Solicitor-General; Commuted April 28, 1%4.

JOHN STONE FOWLER: Cobb County Superior Court;

324

JouRNAL OF THE SENATE,

March term 1931:; Assault to Murder; 2 to 10 yrs. and 2 to 10 yrs; nood prison record. Paroled July 28, 1933; Commuted May 2, 1934; Not recommended by Prison Commission.

MAURICE ROOKS: Miller County Superior Court; April term 1930; Val-Manslaughter; 10 to 20 years; Clemency is recommended by Hon. M.J. Yeamans, Attorney-General, who tried the case; Commuted May 3, 1934.

MRS. MARTHA JOHNS: Fulton County Superior Court; July term 1925; Manslaughter; 10 t~ 20 years;This party was granted parole on May 8, 1933,and during this time she has complied with the conditions of the parole and has demeaned herself in a proper and satisfactory manner; Commuted May 9, 1934.

JOHN HORTON: Chattooga County Superior Court; February term 1934; Larceny or plow tools; 8 months
or $200.00; Pardon is recommended by a great many
of the most prominent citizens of Chattooga County, wnere the crime was alleged to have been committed, also Polk County where Mr. Horton is well known; Commuted May 9, 1934;Not recommended by Prison Commission.
E.E.ELLIS: Fulton County Superior Court; May term 1932; Embezzlement; 3 to 5 yrs; This prisoner was paroled on the 16th day of December,1933,and during this time has complied with the conditions of the parole and demeaned himself in a proper and satisfactory manner; Coomruted May 10, 1934.

W.c. (CLOWER)THOMPSON: DeKalb County Superior

Court; Murder Life; March term 1921; Granted parole

on he

January has live

d5 1

1933, a law

a

and bidi

it ng

having been shown that life since that time;

Commuted May 10, 1934.

FRANK bARDEN,alias JERRY F. DARDEN,a11as PAT MORRISON,alias RAYMOND H. FOSTER: Fulton County Superior Court; September term 1930; Forgery 4 to 6 years (3 concurrent cases); Good prison record and good previous record as shown by a large number

MoNDAY, jANUARY 21, 1935.

325

of affidavits of citizens or the State of Indiana. Affidavits in file from citizens of Indiana,his former home,and statement from applicant_appears in file stating that he wishes to return to his home in Indiana!and we, therefore,recommend that he be pardoned; t;ommuted May 11, 1934.

LOYD WILSON: Gwinnett County Superior Court;

December fine and

term 1933; 12 months

Assault and Clemency is

rbeacottmemrye;nd$ed35b.0y0w.

R. Huest,Chairman County Commissioners,Prosecutor,

Sheriff and other reputable citizens of that county;

Commuted May 11, 1934; Not recommended by Prison

Commission.

EDWARD PARTRIDGE: Lamar County Superior Court; Fall term 1929; Robbery; Sentenced 6 years; Paroled on the 13th day of March 1933,and it having been shown that he has lived a law-abiding life since that time; Commuted May 14, 1934.

DENVER SPOONER and JOSEPH SPOONER: Seminole County Superior Court; During term 1930; Plea of gullty Simple larceny Which involved taking of 5 gal. of gasoline; Fine of $30.00 each including court costs or six months. Fine was paid; Clemency is recommended by F.E.Strickla.nd,Gordon Spooner and Henry 0. Cummings, the prosecutor .All of Donalsonville,Ga; Commuted May 18, 1934; Not recommended by Prison Commission.

HENRY R. HILTON: Fulton County Superior Court; February term 1920; larceny auto; 2 to 5 years; recommended by trial Judge; Solicitor-General; Probation Officer Fulton County account poor physical Condition; commuted May 21, 1934; Not recommended by Prison Commission.

FED(W.c. )DOLLAR: Fulton and DeKalb Counties
Superior Court; January term october 25,Spec1al 1926; burglary and larceny of auto; 10 to 15 years and 1 year; recommended by the trial Judge,Solicitor-General,foreman and members of the trial Jury in first case,and by trial Judge and young lady

326

JouR'NAL OF THE SENATE,

whose car was stolen in the second case; warden and others; Pardon granted to second case,pa.roled to first case; commuted May 23, 1934.
GORDON MILLER: Polk County Superior Court;August term 1932; murder; life; good prison record,poor physical condition; recommended by Judge, SolicitorGeneral; County and City Officials and others;commuted :t'1ay 29, 1934.
ANDY HIGGINS: r111ton County Superior Court;August term 1926; murder; life; On May 2, 1933,parole was granted this applicant, he has made good record under parole; conmuted June 7, 1934; not recommended by Prison Commission.
LUTHER Bm..JEN: Catoosa County Superior Court; November term 1932; involuntary-manslaughter; 1 year; has served great portion of sentence with good prison record,about three-fourths of the time, and because of strong conflict in the evidence as to whether he was driving recklessly and under the influence of liquor,it seems that justice required the granting of a pardon; conunuted June 8, 1934; not recommended by Prison Commission.
O.B. SNOW: Fulton County Superior Court; May term 1932,attempt to rape; 2 to 3 years; he has completed minimum sentence with good prison record; poor physical condition; recanmended by officials under whom he served; commuted June 14, 1934.
EARL MOOREFIELD: Muscogee County Superior Court; March term 1928; misdemeanor; car breaking; 12 months; under suspended sentence since July 5,1928 and has been offered position of trust that he cannot accept until his citizenship has been restored in order that he may make a fidelity bond, and his record has been good during the time he has been under suspended sentence; commuted June 27, 1934.
C.G.RAWLINGS: Johnson County Superior Court; March term 1925; murder; life; For reasons stated

MoNDAY, jANUARY 21, 1935.

327

by Prison Commission in their order or March 31, 1932; recommending parole !or C.G.Rawlings; he has made excellent record since his release on Parole December 23, 1932; advanced age and bad physical condition; Recommendation made by Prison Commission Dated March 10, 1934; commuted June 15, 1934.

R.T.BOLTON: Seminole County Superior Court;April term 1931; embezzlement; 2 to 3 years; was granted a parole on February 28, 1933; reports !rom Prison Commission show that he has lived a law abiding life and mde good reports under said parole since; commuted July 9, 1934:

W.B.FLOWERS: Fulton County Superior Court,June term 1933; forgery; 3 to 7 years; recommended by trial Judge,Warden and a number or other responsible c1tizens.Solic1tor General does not oppose; commuted July 20, 1934.

BENNIE NEWHALL : october term 1932;

mDiosudgehmeertaynoCros(u2ntycoSuunptseri!nor1Ccoausret~

35 months; good prison record; recommended by the

Judge; commuted July 23, 1934.

J~IE BERRY: Floyd county Superior Court; January term 1933; larceny auto; two one year sentences; recommended by rormer employers,several hundred citizens or Floyd County,Solicltor General,Capt. Rome police force; commuted August 1, 1934;Prison Commission does not recommend.

v .o. DOZIER: Lee County Superior Court; January term 1933; assault to murder,2 to 3 years; recommended by trial Judge,county officials and a number or other responsible citizens; poor physical condition; commuted August 9, 1934.

DEWEY CLEMENTS; Union County Superior Court; April term 1934; larceny 12 months; recommended by trial Judge; youth or boy; commuted August 10, 1934. Prison Commission does not recommend.

WILL WOOD: Wilkinson County Superior Court;Spring

328

JouRNAL oF THE SENATE,

term 1929; assault to murder; 5 to 10 years; recom~ mended by trial Judge and a number of citizens of Wilkinson County; County officials and others;commuted August 10, 1934.
W.B.WESLEY: Clayton County Superior Court; May term; 1933; involuntary-manslaughter; 1 yr; good record; recommended by trial Judge,Solicitor-General,Mayor and Councilmen of Jonesboro,Sheriff,Warden and County Commissioners;commuted August 13, 1934.
AARON HALE: Fulton County Superior Court;May term 1932; robbery,.larceny of auto and misdemeanor; clemency recommended by party whose auto was taken; trial Judge nor the Solicitor General oppose; commuted August 17, 1934.
CHAS. A CANNON: Newton County Superior Court; January term lffi2; embezzlement; 2 to 3 years; good prison record; commuted August 22, 1934.
C.I. MCLENDON: Seminole County Superior Court; June term 1927; murder; 10 to 20 years; parole was granted July 7, 1933 and he has demeaned himself in proper manner; c.ommuted August 27, 1934.
J.E.ALLEN: Fulton County Superior Court;September term 1931; robbery; 4 years; given parole on April 29, 1933 and has demeaned himself in proper manner; commuted September 19, 1934.
RUSSELL BAILEY: Newnan Georgia City Court; July term 1934; violating prohibition law; 4 months; recommended by Judge and Solicitor of City Court; commuted September 19, 1934.
WALTER E. MAYFIELD: Fulton County Superior Court; June term 1926; abandonment of child; 8 months; recommended by trial Judge and Probation Officer,commuted September 28, 1934. Not recommended by Prison Commission.
HASKELL WOOD: Buford,Georg1a,City Court;August term 1934; misdemeanor; sentenced to 15 months;

MoNDAY, jANUARY 21, 1935.

329

recommended by a hundred or more citizens and County School Suprt; commuted October 5, 1934. Not recommended by the Prison Commission.

J.K. GAMMON: Atlanta,Georgia Criminal Court; June term 1934; abandonment; 12 months; recommended by Rev. B.C. Kerr,pastor of Oakland City Methodist Church and Mr. Frank Carroll of Decatur; commuted October 9, 1934; not recommended by Prison Commission.

C.W.ASKEW: Atlanta Criminal Court; December term

1933; operating auto while drunk; $100.00 or 12

months; good previous record and recommended by a

number of responsible citizens; commuted October

10, 1934.

.

JOE FOWLER: Hart County Superior Court; October

term 1922; larceny of auto; 3 to 5 years; recom-

mended by the Solicitor-General,Ordinary; and a

number of responsible citizens of Florida; good

record; commuted October 11,1934; not recommended

by Prison Commission.

MOSES ,MARCELLUS AND STEPHENS DARDEN: Bartow County Superior Court; Stephens Darden-May Special 1929,Moses and Marcellus-July term 1930; murder; life; recommended by wardens and other officials; previous record good also; commuted October 10, 1934; not recommended by Prison Commission.

FED(W.C.) DOLLAR: Fulton and DeKalb Superior Court; January term 1925 and October Special 1926; burglary and larceny of auto; 10 to 15 years and 1 year; good record since being paroled; leaving state to secure work; commuted October 15, 1934; not recommended by Prison Commission.

SAMMY .MANN: Toombs Superior Court; November term 1933; voluntary-manslaughter; 1 to 3 years; youth of appl1cant,recommended by all trial jurors,by the Suprt. and Warden at State_Farm and is not opposed by trial Judge and Solicitor-General; Commuted October 16, 1934. _

330

JouRNAL oF THE SENATE,

ALLEN DAY: Colquitt County City Court; November term 1931; possessing liquor; $50.00 and 12 months suspended; good conduct during time his sentence was suspended; recommended :for him by County Commissioners; commuted October 23, 1934.
BARNEY MCGROTHER: Colquitt County,City Court; May term 1932; misdemeanor; 6 months or $50.00; recommended by County Commissioners; commuted October 23, 1934.
EUGENE GARDNER: Jackson County Superior Court; August term 1933; attempt to poison another; 2 years; recommended by a number substantial citizens or Jackson County; commuted October 25, 1934; not recommended by the Prison Commission.
THOMAS J. WRIGHT,alias EDDIE DAVIS: Tattnall County Superior Court; October term 1927; robbery; 4 to 5 years, and convicted in Meriwether Superior Court, 1930 term, or robbery,sentence4 to 15 to 20 years; recommended by Judge J.T. Grice, Judge J. Saxton Daniel and others; commuted October 25,1934; not recommended by the Prison Commission.
SILVEY MULKEY: Cobb County Superior Court; June term 1934; public drunkenness; 8 months; recommended by Judge J.H. Hawkins,a member or City Council of Marietta,good prison record; commuted November 3, 1934; not recommended by the Prison Co:rmnission.
L.C.(CHARLIE)HAMILTON: Gwinnett County Superior Court; March term 1929; murder; life; parole granted October 19, 1933, and applicant has lived up to his parole; recommended by Mrs. F.B. Rylle,wife of the man who was killed; ex-sheriff; Clerk of Superior Court; Sheriff and others; commuted November 10, 1934; not recommended by Prison Commission.
WESLEY HARRIS: Fulton County; May term 1933; larceny of auto(seven cases); 1 to 5 years in seven cases to run concurrently; recommended by trial Judge; warden; mother and :family dependent on him :for support; commuted November 14, 1934; Not recom-

MoNDAY, JANUARY 21, 1935.

331

mended by the Prison Commission.

JOHN THORNTON: Stewart County Superior Court, April term 1934; having whiskey; 12 months; poor physical condition; recommended by Sheriff,Clerk of Court,Warden and large number of citizens; commuted November 14, 1934; not recommended by the Prison Commission.

ED CALLOWAY: Worth County Superior Court; April

term 1919; murder; life imprisonment; recommended

by Solicitor-General and large number of citizens;

commuted November 15, 1934.



B.J. MCGEHEE: Talbot County Superior Court;

September term 1930; burglary; 5 to 10 years; parole

was granted October 25, 1932,and applicant has



carried out rules of parole; commuted November 17,

1934. Not recommended by Prison Commission.

B.H. LOFLIN: Fulton County Superior Court;Spring term 1933; forgery; 3 years; excellent record since paroled November,l933; recommended by Sheriff; HughS Spalding; Clerk of Superior Court; City Court Atlanta~ Criminal Court Atlanta,and chief of police Fulton ~ounty and others; commuted October 25, 1934.

JERRY W. FARLOW: Polk County Superior Com-t; August term 1914; assault to murder; 10 years; a man by name of Knight was convicted at same time on statement of Farlow,as they were jointly engaged in the robbery; after serving 5i months,Farlow escaped and put back on chaingang November 1933, The trial Judge states that without Farlow's evidence Knight, who was principal offender,could not have been convicted; he states that Farlow came clean after the whole matter and has kindly feelings toward him and hopes he can be given an opportunity to make good.; commuted October 25, 1934; Not recommended by the Prison Commission.

MARY SMITH: Fulton County Superior Court,December term 1921; murder life; good prison record; _recommended by Warden and party to whom she was

332

JouRNAL oF THE SENATE,

paroled; poor pbysical condition; -commuted November 28, 1934.
ROY BROOKS: Wheeler County Superior Court; October Adjourned Term 1933; invol-rilanslaughter; 2 to 3 years; recommended by a number or county officials, Representative in Legislature,the warden and guards; commuted November 28, 1934; not recommended by the Pri-son Commission.
c.N. VOYLES: Atlanta Criminal Court; April term 1934; stabbing; 12 mbnths; good record since he has been in the chain gang,having served since April 18, 1934,on a 12 months sentence. His time is practically out; Commuted December 11, 1934; Not recommended by the Prison Commission.
THOMAS B. BLAKE: Fulton County Superior Court; September term 1928; murder; life; conditional pardon was granted B. Blake October 10,1933; J.A. O'Neal or the Exposition Cotton Mill states that he has been a good worker and conducted himself as a gentleman; H.C. Simmons,Recard Clerk of the County Comrrdssion a~ows that good record has been made during the last 12 months; Commuted December 12th; 1934; Not recommended by the Prison Commission.
JOHN D. STUCKEY: Dodge County Superior Court; November term 1931; murder; life; good record; recommended .by jurors,county officials and Solicitor-General; Commuted December 12, 1934.
TOM DISPAIN: Gwinnett County Superior Court, March term 1934; stealing; 12 months; youth of applicant; served with good record and clemency is recommended by Warden;Board or County Commissioners, and a number or citizens; commuted November 10, 1934; Not recommended by the Prison Commission.
H.B.BUCHANAN: Carrollton,Georgia,City Court; June term 1934; abandonment; serve 12 months in , chain gang; recommended by Judge City Court Carrollton and by wife who was prosecutor; Ordinary says

MoNDAY, jANUARY 21, 1935.

333

he will see that he supports family; commuted December 13, 1934; not recommended by the Prison Commission.
LOYD BARTON: Clark County Superior Court; October term 1931; larceny of auto and burglary; 2 to 3 years and 10 years concurrent; the Judge who tried the case and Solicitor General Who tried case do not oppose clemency; good record; commuted December 13, 1934; not recommended by Prison Commission.
GEORGE WOODSON: DeKalb County Superior Court; January term 1930; rape; 3 to 10 years; was paroled August 5, 1932 and he has carried out ru~es of the parole; commuted November 28, 1934.
JOHN WILL NEELY: Troup County Superior Court; November term 1~2; assault to murder; 4 to 8 years; was given parole December 20, 1933 on the recommendation of the trial Judge,Solicitor General and a large number of citizens of Troup County; has lived up to rules of parole; commuted December 20, 1934. Not recommended by Prison Commission.
J.M.M. TO~NSEND: Marion County Superior Court, April term 1934; using opporbious words; 12 months; excellent previous record,Judge V.D. Moore attests to his good character; commuted December 21,1934. Not recommended by Prison Commission.
JAMES NIX, WILLIAM LOGGINS AND ALONZO CHASTAIN: White County Superior Court,October term 1934, simple larceny; 12 months; trial Judge reconrrnends pardon as well prosecutor and a number or citizens; conwuted December 21, 1934; Not recommended by the Prison Commission.
MRS. SHIRLEY T. HUDSON: Fulton County Superior Court; September term 1930; forgery and felony; 2 years and 5 years; was paroled the 4th day of October 1933 and has complied with conditions of parole; commuted December 22, 1934_.
NELSON AND &YLVESTER COLE..Y: Bibb County Superior

334

JouRNAL OF THE SENATE,

Court; l'ebruary tenn 1~4; assault to murder; 6 months in jail and 12 months; good previous record; recommended by the Probation offic&r,Warden,and clemency is not opposed by Solicitor-General; Commuted December 28, 1934.

JOHN H.THEUS: Coffee County Superior Court; October term 1931; murder; life; it appears tram evidence that prisoner was probablY more guilty or involuntary-manslaughter than anything else, and it is doubtful as to whether or not he was actually Shooting to kill anyone; commuted December 29,1934; not recommended by the Prison Commission.

ALBERT WIGGINS: Candler County Superior Court, August Adjourned term 1927; manslaughter; 12 to 20 years; good prison record; recommended by trial Judge,Solicitor General,trial Jurors and county officials; commuted January 9, 1935.

WALTER C. JAYNES: Spalding County Superior Court; October term 1929; larceny after trust and bigamy; 2 years and 6 to 10 years; long service and splendid record; recommended by County physician of Muscogee and Warden; commuted January 9,1935. Not re9ommended by Prison Commission.

The fOllowing Senate Bills were introduced,read the first time and referred to Committees:

By Senator Scott or the 7th; Senator Vaughn of the

34th; Senator Rawlins of the 45th; Senator Edenfield

of the 4th-

'

Senate Bill No. 57. A Bill to amend the Code or

Georgia or 1910 providing tor the selection by the

Governor of banks in certain cities and towns as

State Depositories; and tor other purposes.

Committee on Banks and Banking.

By Senator Scott of the 7thSenate Bill No. 58. A Bill to define Public Util-
ities to provide for the distribution or sale or motor fuels and motor oils; and for other purposes.
Committee on Public Utilities.

MoNDAY, JANUARY 21, 1935.

335

By Senator Rawlins of the 45th; Senator Scott of

the 7th-



Senate Bill No. 59. A Bill to provide tor the

service of process in civil suits against non resi-

dents of motor vehicles operators,chautreurs;and

for other purposes.

Committee on General Judiciary No. 2.

By Senator Millican of the 35th-
Senate Bill No. 60. A Bill to regulate the manu-
facture,sale,possession,oontrol ot narcotic drugs in the State of Georgia; and !or other purposes.

Committee on Hygiene and Sanitation.

By Senator Simmons of the 8th; Senator Gary of the 12th-
Senate Bill No. 61. A Bill to establish and define the Georgia-Florida Military Highway; and for other purposes.

Committee on Highways and Public_Roads.

By Senator Gaskins of the 6th; Senator Simmons of the 8th-
Senate Bill No. 62. A Bill fixing a maximum charge by Leaf Tobacco Warehouses; and for other purposes.

Committee on Agriculture.

By Senator Rucker of the 50th-

Senate interest

Bill rate

No. 63. A in Georgia

Btoil6l%topecrhaannnguemt;heandprfeoser nt

other purposes.

Committee on Special Judiciary.

By Senator Rucker of the 50thSenate Bill No. 64. A Bill to reduce the 3t%
interest allowed under the small loan act up to

336

JouRNAL OF. THE SENATE,

$300.00 to a maximum or 1% a month; and :ror other purposes.

Committee on Special Judiciary.

By Senator Rucker ot the 50thSenate Bill No. 65. A Bill amending the Charter
or the Mayor and Council or the City or Athens; and :ror other purposes.

Committee on Municipal Goverment.

The following Senate Resolutions were introduced, read the first time and reterred to Committees:

By Senator Dennis or the 28thSenate Resolution No. 22. A Resolution proposing
2; to the qualified voters or Georgia,:ror ratifica-
tion or rejection,an amendment to Article Section 1, Paragraph 3 o:r the Constitution o:r Georgia, striking therefrom the requirement !or the payment or all poll taxes as a prerequisite to voting; and :ror other purposes.

Committee ~n Amendments to the Constitution.

By Senator Rucker or the 50thSenate Resolution No. 23. A R~aolution proposing
.a Constitutional amendment exempting !rom taxation homes owned by religious denominations where used solely :ror the purpose or providing ~ hame~Jor their ministers.

Committee on Amendments to the Constitution.

The following Senate Resolution was read:

By Senator Skelton or the 30th District-

Senate Resolution No. 24. A Resolution urging

the Georgia delegation i~_the United States Con-

gress to support Senate Concurrent Resolution No.

6 which has been introduced in the United States

Congress.



MoNDAY, jANUARY 21, 1935.

337

Senator Skelton or the 30th District asked unanimous consent that the above resolution be immediately considered.

There was objection.

The President ordered the resolution to lie on the table ror one day,under the rules.

Senator Duncan or the 23rd District moved that the

Senate take a recess subject to the call or the

chair and the motion prevailed.



The President announced that the Senate stood recessed.

The President called the Senate to order.

The following message was received !rom the House through Mr. Kingery, the Clerk thereor:

Mr. President:

The House has adopted by the requisite Constitutional majority the following resolution or the House to w1t:

By Messrs Lanier,Harris and Barrett ot RichmondHouse Resolution No. 35. A Resolution expressing
the thanks or the General Assembly to Mrs. John W. Herbert ror her girt to the Georgia Medical College, and tor other purposes.

The following message was received !rom the House through Mr. K1ngery,the Clerk thereof:

Mr. President:

The House has adopted by the requisite Constitutional majority the following resolution or the House to w1t:

By -Mr Harris or Richmond. House Resolution No. 37. A Resolution that the

338

JouRNAL OF THE SENATE,

General Assembly convene in joint session at 11:45 otclock,AJ1., Monday,January 21,1935 for the purpose of hearing an address by the Honorable Howard E. Coffin.

The following House Resolutions were read and adopted:

By Mr. Harris of Richmond-

House Resolution No. 37. A Resolution that the General Assembly convene in joint session at 11:45 otclock,A~., Monday,January 21, 1935 for the PUl' pose of hearing an address by the Honorable Howard E. Coffin.

By Messrs Lanier,Harris and Barrett of Richmond-

theHotuhsaenkRsesooflutthioenGNeon.er3a5l .AsAsemRbelsyoltuotioMnrse. xJporhensswin.g
Herbert for her gift to the Georgia Medical College, and for other purposes.

The President announced that under the previous motion by Senator Duncan of the 23rd District the Senate again stood recessed.

The Senate was called to order at 11:45 otclock by the President and proceeded to the Hall of the House of Representatives.

The joint sessi~n of the General Assembly was

called to order by Honorable Charles D. Redwine,

President of the Senate. House Resolution No. 37,

pJorhonviwdi.nHg atmomr otnhde,Sjeocrienttarysesosfiothne,

was read Senate.

by

Hon.

The President of the Senate presented Mr.Brown of Glynn who introduced the Honorable Howard E.Coffin, who addressed the General Assembly.

Mr. Harris of Richmond moved that the joint session of the General Assembly be dissolved and the motion prevailed.

MoNDAY, JANUARY 21, 1935.

339

The Senators returned to the Senate Chamber. The President called the Senate to order. The following privileged resolutions were read and adopted: By Senator Atkinson or the 1st ~istrict:A ResQlution extending the privileges or the floor to Mrs. Randall l!.va.ns,Jr.,wi!e or the Senator or tre 29th District. By Senator Lester or the 18th DistrictA Resolution extending the privileges or the !loar to Mrs. J. Sante Crawtord,wi!e or the Senator or the 42nd District. By Senator Jones or the 17th District: A Resolution extending the privileges or the floor to the Honorable J.C. Palmer or Waynesboro, Stanley Hillis or Girard,and J.C. Mills or Sylvania, during their visit in the City.
By Senator Scott or the 7.th District-
A Resolution extending the privileges or the floor to assistants Attorney General during the session or 1935.
The hour or adjournment having arrived,the President announced that the Senate stood adjourned untll 10 A.M. tomorrow morning.

340

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Ga., Tuesday, January 22nd, 1935. The Senate met, pursuant to adjournment, at 10 otclock 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. Senator scott of the 7th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Chappell of the 13th District presented himself at the Secretary's desk and was administered the oath of office by Mr. Justice John B. Hutcheson of the Supreme Court of Georgia. Senator Hart of the 36th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterdayts proceedings and found it correct. Senator Lester of the 18th District asked unanimous consent to dispense with the reading of the Journal and consent was granted. The Journal was confirmed. Senator Scott of the 7th District asked unanimous consent that Senators having Bills and Resolutions to introduce be allowed to present same at this time and consent was granted. Senator Skelton of the 30th District asked unanimous consent that Senate Bills No.l3,No.25, and No. 63 be withdrawn from the Committee on Special Judiciary and re-committed to the Committee on General Judiciary No. 1. The consent was granted and the above Senate Bills were re-comrndtted to the Committee on General Judiciary No. 1. Senator Skelton of the 30th District asked unan1-

TUESDAY, JANUARY 22, 1935.

341

mous consent that Senate Bill No. 64 be withdrawn from the Committee on Special Judiciary and recommitted to the Committee on General Judiciary No. 1. There was objection.
Senator Atkinson or the 1st District asked unanimous consent that Senate Resolution No. 24, a resolution urging the Georgia delegation in Congress to support Senate Concurrent Resolution No.6 relative to uniform freight rates,be referred to the proper committee; the consent was granted and the resolution was referred to the Committee on Public Utilities.
The following Senate Bills were introduced, read the first time and referred to Committees: By Senator Rucker or the 50th-
Senate Bill No. 66. A Bill to fix the status of the Regents of the University System of Georgia; and for other purposes.
Committee on University and Branches. By Senator Rucker of the 50th-
Senate Bill No. 67. A Bill to fix the status or the Regents or the University System or Georgia; and for other purposes.
Committee on University and Branches. By Senator Pope of the 15th-
Senate Bill No. 68. A Bill to promote the plant industry in this State; and for other purposes.
Committee on Agriculture. By Senator Pope of the 15th-
Senate Bill No. 69. A Bill to provide rules ot eligibility for applicants for disabled veterans license; and for other purposes.
Committee on Special Judiciary.

342

JouRNAL OF THE SENATE,

By Senator Beasley of the 2ndSenate Bill No. 70. A Bill to authorize and per-
mit the manufacture and sale of certain specified alcoholic,spirituous and malt liquor in certain counties; and for other purposes.
Committee on Temperance. By Senator Duncan of the 23rd; Senator Carswell or the 21st-
Senate Bill No. 71. A Bill to increase mileage of State Aid Road System on State Route 11; and tor other purposes.
Committee on Highways and Public Roads. By Senator Redwine or the 26th; Senator King of the 11th; Senator Pope of the 15th; Senator Beasley of the 2nd.
Senate Bill No. 72. A Bill to improve the public schools or the State,make them more efficient and less expensive; and tor other purposes.
Committee on Education. By Senator Strickland of the 3rd; Senator Scott ot the 7th-
Senate Bill No. 73. A Bill to establisfl and operate State Farmers' Markets; and for other purposes.
Committee on Agriculture. By Senator Millican of the 35th-
Senate Bill No. 74. A Bill to establish a new charter for the City or Atlanta so as to make it lawful tor a person who holds a Federal, State or County office and at the same time to be a member ot the Atlanta Board or Education;and tor other purposes.
Committee on Municipal Government. By Senator Millican of the 35th-
Senate Bill No. 75. A Bill regulating persons

TUESDAY, jANUARY 22, 1935.

343

engaged 1n the Undertaking QUSiness; and for other purposes.
Committee on Special judiciary. By Senator f.tlllican of the 35th-
Senate Bill No. 76. A Bill providing that the State Highway Board shall take over and maintain all State Highways in certain towns and cities; and for other purposes.
Comm1ttes on Highways and Public Roads. By Senator Millican of the 35th-
Senate Bill No. 77. A Bill to repeal An Act approved October 17, 1923, pertaining to the retiring of bonds; and for other purposes.
Committee on Municipal Government. By Senator Millican of the 35th-
Senate Bill No. 78. A Btll to regulate the rate of interest in this State; and for other purposes.
Committee on Special Judiciary. By Senator Millican of the 35th-
Senate Bill No. 79. A Bill providing that when any security deed or mortgage is foreclosed the land described in such deed or mortgage shall no longer constitute a lien against the person giving such security deed or mortgage; and for other purposes.
Committee on Judiciary No. 1. By Senator Millican of the 35th-
Senate Bill No. 80. A Bill to regulate the rate of interest on small loans; and for other purposes.
Committee on Special Judiciary. By Senator Redwine of the 26th-
Senate Bill No. 81. A Bill to permit Building

344

JoURNAL OF THE SENATE,

and Loan Associations to accept the advantages under the Home OWners Loan Act of 1933 as passed by Congress; and for other purposes.
Committee on Special Judiciary. The following Senate Resolutions were introduced, read the first time and referred to Committees: By Senator Lester of the 18thSenate Resolution No. 25. A Resolution to relieve the Roman Catholic Society in the City of Augusta; and for other purposes. Committee on State of Republic. By Senator Mllhollin of the 46th; Senator Johnston of the 39thSenate Resolution No. 26. A Resolution requesting Congress to compensate operators of Cotton Ginneries.for the collection of taxes under the Bankhead Bill; and for other purposes. Committee on Agriculture. Senator Scott of the 7th District asked unanimous consent that the Senate take a recess subject to the call of the chair and consent was granted. The President announced that the Senate stood recessed. The President called the Senate to order. Mr. Scott of the 7th District, Vice Chairman of the Committee on Rules, submitted the following report: Mr. President: Your Committee on Rules have had under consideration the following Resolution.of the Senate, and have instructed me as Vice Chairman, to report the same back to the Senate with the following

TUESDAY, jANUARY 22, 1935.

345

recommendations:

Senate Resolution No. 20. Do pass.

Respectfully submitted,
w.F. Scott of 7th District,

Vice Chairman.

The following Senate Resolution was read and put upon its passage:

By Senator Skelton of the 30th DistrictSenate Resolution No. 20. A Resolution that all
bills and resolutions having the force and effect of law shall,when introduced,have attached an exact copy,and ~aid copy shall be retained by the Secretary subject to use as information;but the original bill or resolution shall be for the exclusive use of the Senate and the committee to which it is assigned and shall be the official bill or resolution of the Senate,and shall not be subject to any other use.

By direction of the Chair the Secretary read Senate Rule No. 139 which provides as follows:

"The rules of the Senate shall in no case be suspended or changed,or the order of business changed except by a two-thirds vote,a quorum of the Senate being present and voting."

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

On the 40, nays

poa. ssage

of

the

resolution

the

ayes

were

The resolution having received the requisite twothirds majority of the quorum voting, was passed.

The following privileged resolutions were read and adopted:

346

JouRNAL oF THE SENATE)

By Senator Milhollin of the 46th DistrictA Resolution extending the privileges of the
floor to Mrs. B. H. Howard, editor and publisher of the Dawson County Advertiser. By Senator Scott of the 7th District-
A Resolution extending the privileges of the floor to Mrs. Allen Chappell, wife of the Senator of the 13th District.
Senator Scott 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.

WEDNESDAY, jANUARY 23, 1935.

347

Senate Chamber, Atlanta, Ga., Wednesday, January 23rd, 1935. 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 T.M. Luke, of the Christian Church. Senator Lester ,of the 18th District asked unanimous consent that. the calling of the roll be dispensed with and consent was granted. Senator Hart of the 36th District,Chairman of the Committee on Journals, reported that he had examined the Journal of yesterdayrs proceedings and found it correct. Senator Pope of the 15th District asked unanimous consent to dispense with the reading of the Journal and consent was granted. The Journal was confirmed. Senator Dennis of the 28th District asked unanimous consent that Senate Bill No. 43 be withdrawn from the Committee on Special Judiciary and recommitted to the Commdttee on General Judiciary No. 1. There was objection. The following Senate Bills were introduced,read the first time and referred to Committees: By Senator Vaughn of the 34thSen~te Bill No. 82. A Bill to define the practice of ~hys1otherapy and to regulate the practice thereof; and ror other purposes. Committee on Special Judiciary.

348

}OQRNAL OF. THE SENATE,

By Senator King of the 11thSenate Bill No. 83. A Bill amending the Code of
Georgia of 1933 which imposes liability of stock holders of banks to depositors in an amount equal to the face value of their shares; and for other purposes.
Committee on Banks and Banking. By Senator Rawlins of the 45th-
Senate Bill No. 84. A Bill to require local governments to report financial operations to the State Auditor; and for other purposes.
Committee on Municipal Government. By Senator Rawlins of the 45th-
Senate Bill No. 85. A Bill to provide for refunding State 4 1/4% bonds in excess of $100,000.00 annual maturities; and for other purposes.
Committee on Finance. By Senator Rawlins of the 45th-
Senate Bill No. 86. A Bill to make the County School Superintendent the treasurer of the school districts in each county of the State.
Committee on Education. By Senator Rawlins of the 45th-
Senate Bill No. 87. A Bill providing for refunding the State obligations to the University System.
Committee on Finance. By Senator Almon of the 37th-
Senate Bill No. 88. A Bill amending An Act reorganizing and re-constituting the State Highway Department; and for other purposes.
Comm1ttee on High~ys and Public Roads.

WEDNESDAY, jANUARY 23, 1935.

349

By Senator Almon or the 37thSenate Bill No. 89 . A Bill vesting in the Tax
Collectors in certain counties the powers of Sheriffs of said counties relative to the collection and levy of all tax fi.fas.; and for other purposes.
Committee on County and County Matters. By Senator Almon of the 37th-
Senate Bill No. 90. A Bill requiring all corporations to return and pay taxes on all property owned by such corporations in the counties in which. said property may be located; and for other purposes.
Committee on Public Utilities. By Senator Almon of the 37th-
Senate Bill No. 91. A Bill amending Section 695 of the political Code of Georgia by excepting certain counties from the provisions thereof; and for other purposes.
Committee on Special Judiciary. The following Senate Resolutions were introduced, read the first time and referred to Committees: By Senator Beasley of the 2ndSenate Resolution No. 27. A Resolution authorizing the State Highway Department to purchase and retire bonds of the Cedar-Haw School District; and for other purposes. Committee on Highways and Public Roads. By Senator Chappell of the 13thSenate Resolution No. 28. A Resolution instructing the Highway ~apartment to pave certain roads; and for other purposes.
. Committee on Highways and Public Roads. The following Senate Resolution was read and
adopted:

MO

JouRNAL oF THE SENATE,

By Senator King of the 11th DistrictSenate Resolution No. 29. That the President of
the Senate be authorized to appoint a committee of three members of the Senate who will act with the President in selecting a Chaplain to fill the vacancy created by the death of Rev. J.W.G. Watkins.

The President appointed on this committee the following:

Senator King of the 11th District, Senator Cars-

well of the 21st District, and Senator McGehee of

the 25th District.



The following Senate Resolution'was read:

By Senator Scott of the 7th District, Senator Crawford of the 42nd District, Senator Millican of the 35th District, Senator Almon of the 37th District and Senator Hart of the 36th District:

Senate Resolution No. 30.

WHEREAS, the Rev. J.W.G. Watkins for forty-two years has been the Honored and Faithful Spiritual Leader of the Georgia State Senate as its Chaplain, and had been re-elected for the present session,and

WHEREAS, God, in his all-w1~e providence, called this faithful servant from his earthly labors to the home celestial on Sunday, January 20th, 1935, therefore,

BE IT RESOLVED by the State Senate of Georgia that we reverently bow to the will of our Heavenly Father who doeth all things well, and hereby express our sincere regret at the going of this faithful officer of this Senate. We will miss his fervent prayers and godly walk before us, and will cherish his exemplary life in our memories.

BE IT FURTHER RESOLVED that a copy of these Resolutions be sent to the family of the deceased and that they be spread on the Minutes of this Body.

WEDNESDAY, JANUARY 23, 1935.

351

On a motion by Senator Millican of the 35th District, the above resolution of the Senate was adopted by the unanimous rising vote of the Senate.
Senator Scott of the 7th District asked unanimous consent that the Senate take a recess subject to the call of the chair and consent was granted.
The President called the Senate to order. The following Senate Resolutions were read and adopted: By Senator Scott of the 7th DistrictSenate Resolution No. 31. A Resolution authorizing the Secretary or the Senate to make corrections or typographical errors and mistakes and, by direction of the President make authorized additions, in the list of committee appointments before preparation or copy tor printing the Manual. By Senator Scott ot the 7th DistrictSenate Resolution No. 32. A Resolution providing that a joint committee or 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 ready to adjourn the January 1935 session, sine die. By Senator Scott of the 7th DistrictSenate Resolution No. 33. A Resolution instructing the Secretary or the Senate to notify the House that the Senate has completed its present business and is ready to adjourn the January 1935 short? session ot the General Assembly,sine d1e. By Senator Scott ot the 7th DistrictSenate Resolution No. 34. A Resolution that the General Assembly do now adjourn the January 1935 session, sine die. The following message was received from the House through Mr. Kingery, the Clerk thereof:

352

JouRNAL or THE SENATE,

Mr. President: The House has adopted by the requisite Constitu-
tional majority the following resolutions of the House, to-wit: By Messrs. Ennis and Allen of Baldwin-
House Resolution No. 60. An invitation from the City of Milledgeville and County of Baldwin to attend an unveiling of a Memorial to the Governors who served this State while Milledgeville was its Capitol.
The following message was received from the House through Mr. Kingery, th~ Clerk thereof: Mr. President:
The House has passed by the requitite Constitutional majority the following resolution of the House, to-wit: By Mr. Hartsfield, of Fulton-
House Resolution No. 61. Endorsing the movement to hold birthday Balls in honor of our great President Franklin D. Roosevelt.
The following House Resolution was read and adopted: By Messrs. Ennis and Allen of Baldwin-
House Resolution No. 60. A Resolution extending an invitation to the members of the General Assembly to attend the unveiling of a memorial to the Governors who served this State while Millidgeville was the Capitol ot Georgia, to be held Sunday afternoon, January 27th, 1935 at 2:30 o'clock in Milledgeville.
The following House Resolution was read and adopted: By Mr. Hartsfield o! Fulton-
House R~solution No. 61. A Resolution endorsing

WEDNESDAY, JANUARY 23, 1935.

353

the movement to hold Birthday Balls in honor of our great President, Franklin D. Roosevelt.

The following message was received from the House

through Mr. Kingery, the Clerk thereof:



Mr. President:

The Housa has adopted by the requisite Constitutional majority the following resolutions of the House, to-'..vi t:

By Mr. Harris of RichmondHouse Resolution No. 62. A Resolution thata
comndttee be appointed on the part of the House and Senate to notify the Governor that the General Assembly has completed its work for the special ten day session, and for other purposes.

The Speaker has appointed on the part of the House, as a Committee to notify the Governor, the following members of the House-

Messrs. Sabados of Daugherty Coleman of.Lowndes Ansley of DeKalb

By Mr. Harris of RichmondHouse Resolution No. 63. A Resolution that the
General Assembly adjourn the ten day session sine die, and for other purposes.

The following House Resolution was. read and adopted:

By Mr. Harris of RichmondHouse Resolution No. 62. A Resolution providing
that a connnittee of f-ive~ three from the House and two from the Senate, be appointed by the Speaker and President, respectively, to notify the Governor that the General Assembly is ready to adjourn the special ten day organization session, sine die.

The President appointed as a committee on the part

354

JouRNAL OF THE SENATE,

of the Senate the following: Senator Almon of the 37th District, and Senator Harden or the 47th District.
The follQwing Senate Resolution was read and adopted: By Senator Rucker of the 50th District-
Senate Resolution No. 35. A Resolution that an invitation be extended to Mr. Lillentheal,director or the T.V.A., to address the Senate at an early date.
The following House Resolution was read and adopted: By Mr. Harris of Richmond-
House Resolution ~o. 63. A Resolution that the General Assembly adjourn the ten day session, sine die.
The following privileged resolutions were r-ead and adopted: By Senator Scott or the 7th District-
A Resolution extending the privileges or the floor to Mrs. Preston Rawlins, Mrs. Charles Fulgh~ and Mrs. Clyde Harden wives or three or the members of the Senate. By Senator Srrdth of the 24th District-
A Resolution extending the privileges or the floor to Honorable C.F. McLaughlin, Judge of the Chattahoochee Circuit.
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 or the Senate, to-wit:

WEDNESDAY, JANUARY 23, 1935.

355

By Senator Scott of the 7thSenate Resolution No. 34. A Resolution providing
that the General Assembly do adjourn the special ten day sess1on,s1ne die.
The President announced that the Senate 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 24, 1935.
1935 STEIN PRINTING CO.. STATE PRINTERS
ATLANTA. CiA.

356

JouRNAL oF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, January 24, 1935.

The Senate met, pursuant to Joint House Resolution No. 26, adopted by the Senate at the session of Thursday, January 17, 1935.

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:

Almon Atkinson Beasley Cannon Carrington Carswell Chappell Clark Cooper Crawford Darden Dennis Dicke;rson Duncan Edenfield Evans Fulghum Gary

Gaskins Goodwin Harden Hart Johnson of the 31st Johnston of the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty McLeod

McWhorter l111hollin l1111ican Pope Ragan Rawlins Rucker Scott Simmons Skelton Smith Strickland Thomas Turner
Vaughn
Wright Mr. President

The following Senate Resolutions were read and adopted:

By Senator Scott of the 7th DistrictSenate Resolution No. 36. A Resolution instruct-
ingthe Secretary of the Senate to notify the House of Representatives that the Senate has convened in 1935 regular session, and is ready for the transaction of business.

THURSDAY, }ANUARY 24, 1935.

357

By Senator Scott of the 7th DistrictSenate Resolution No. 37. A Resolution providing
that a committee of five, two from the Senate and three from the House, be appointed by the President and the Speaker, respectively, to notify the Governor that the General Assembly has convened in 1935 regular session and is ready for the transaction or business.
The President appointed as a committee on the part of the Senate the following: Senator McWhorter of the 19th District and Senator Hart of the 36th District.
Senator Hart of the 36th District, Chairman of the Committee on Journals,reported that he had examined the Journal of the last day of the ten day session and found it to be correct.
Senator Jones of the 17th District asked unanimous consent that Senate Bills No. 46 and No. 47 be withdrawn from the Comndttee on Uniform Laws and re-co~tted to the Committee on General Judiciary No. 2.
The consent was granted and the above bills were re-committed to the Committee on General Judiciary No. 2.
Senator Skelton of the 30th District asked unanimous consent that the Senate take a recess subject to the.call of the Chair and the consent~was granted.
Senate was called to order by the President. The committee on the part of Senate appointed under Senate Resolution No. 37 to notify the Governor that the General Assembly had convened in 1935 regular session reported that they had discharged their duties. A communication was received from His Excellency, Governor Eugene Talmadge,through his Secretary,Hon. Carlton Mobley.

358

JouRNAL or THE SENATE,

The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has adopted by the requisite Constitutional majority the following resolutions of the House, to-wit: By Mr. Harris of Richmond-
House Resolution No. 64. A Resolution that the Clerk notify the Senate that the House has reconvened in regular session, and is ready for the transaction of business. By Mr. Harris of Richmond-
House Resolution No. 65. A Resolution that a Committee of five be appointed by the Speaker and President to notify the Governor that the General Assembly has reconvened in regular session, and is ready for the transactlon of business.
The Speaker has appointed as a Comrrdttee, on the part of the House, to notify the Governor,
Messrs. Bland of Stewart, Griffin of Decatur, and Perry of Worth.
The following message was received from the House through Mr. Kingery, the Clerkthereof: Mr. President:
The House has adopted by the requisite Constitutional majority the following resolutions of the Senate, to-wit: By Senator Scott of 7th-
Senate Resolution No. 37. Resolution notifying the Governor that ~he General-Assembly has convened in 1935 regular session.
Mr .Milhollin of the 46th District,Chairma.n of the

THURSDAY, JANUARY 24, 1935.

359

Committee on Agriculture submitted the following report:

Mr. President:

Your Comm1 ttee on Agriculture have had under consideration the following Bills of the Senate and have "instructed me as Chairman, to report the same back to the Senate with the following recommendations:

Senate Senate

Bill Bill

No. No.

4a,1

do do

pass. pass.

Respectfully submitted,

J.H. Milhollin of 46th district,

January 24/35

Chairman.

Mr. Linton s. Johnson of the 31st District,Chair-
man of the Committee on Constitution Amendments submitted the following report:

Mr. President:

Your Committee on Constitution Amendments 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 following recommendations:
Senate Resolutlon No. a, do pass.
Senate Resolution No. 9, do pass. Senate Resolution No.l2, do pass. Senate Resolution No.lO, do pass as amended. Senate Resolution No.ll, do pass.

Respectfully submitted,

Johnson of 31st district,

Chairman.

360

JouRNAL OF THE SENATE,

Mr. Dennis of the 28th District, Chairman of the Committee on Commerce submitted the following report:

Mr. President:

Your Committee on Commerce have had under consideration the following Senate Bill and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

Senate Bill No. 9, do pass. Respectfully submitted, Frank A. Dennis, Chairman.
January 24th, 1935

THURSDAY, JANUARY 24, 1935.

361

The Secretary read the "Report of the Governor on Removal of the Members of the Georgia Public Service Connnlssion to the General Assembly", under date of January 24, 1935, in which the Governor, in accordance with the law, as set forth in Code Section 2618, presented to the General Assembly his "reasons for suspending Honorable James A. Perry,
Honorable Perry T. Knight, Honorable A.r. Woodruff, Honorable Jule w. Felton and Honorable Walter R.
McDonald from office as members of the Public Service Commission of Georgia, by Executive order under date of July 21, 1933." Accompanying said report by the Governor to the General Assembly was an attached copy of the petition and complaint filed with the Governor by the Executive Board of the Georgia Federation of Labor requesting suspension and removal of the said members of the Public Service Commission of Georgia; a copy of the Executive Order of His Excellency, Governor Talmadge, citing said Commissioners for hearing, and ,, a copy of the Executive Order, of date July 21, 1933, suspending the said Commissioners.

362

JouRNAL OF THE SENATE,

REPORT OF THE GOVEfu'JOR ON
REMOVAL OF THE MEMBERS

OF THE GEORGIA PUBLIC SERVICE COMNITSSION

TO

THE GENERAL ASSEMBLY OF GEORGIA

Dated~
January 2A1 1935. TO THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

In accordance with the law as set forth in Code

Se.ction 2618, I submit to you herewith a report of

my reasons for suspending Honorable James A. Perry,

Honorable Honorable

JPuelrerywT. .

Knight, Felton,

Honorable A.J. Woodruff, and Honorable Walter R.

McDonald from office as members of the Public Ser-

vice Commission or Georgia, by executive order

under date of July 21, 1933.

On the 6th day of June, 1933, a petition was filed with me asking that the members of the Public Service Commission or Georgia be suspended. This petition alleged numerous grounds, some ot which are:

(a) Domination by the public utility interests; '' (b) Neglect of duty;
(c) Publishing false propaganda about rate hearings;
(d) Increasing rates at a time when everything else was declining.

THURSDAY, JANUARY 24, 1935.

363

I attach herewith a copy of said petition as Exhibit A to this report.

I issued a rule nisi and called on the members of the Public Service Commlssion to defend said charges and ordered a hearing thereon.

A copy of said order nisi is attached to this report as Exhibit B.

The hearing began on the 26th day of June,and was concluded on Monday, July 17th. The evidence introduced at said hearing was voluminous. A copy of
Ethxehitbriatncs.cript of evidence is submitted herewith as

The commissioners attended said hearing and the

evidence developed the fact that each of the mem-

bers ot the Georgia Public Service Commission had

been grossly negligent in the discharge of the

duties imposed upon them by law. They stated,in

et ra

tec tes

t11nt

hat this

it s

t

was ate

impossible to reduce utility under existing conditions.

An order had been passed by three members ot the Public Service Commission authorizing commissioners and employees to ride on railroad passes.

An order had been passed providing that members ot the Public Service Commlssion might issue identification cards to themselves and employees of the Public Service Commission allowing them to ride on busses, without payment of tare.

Members ot the Public Service Commission actually used the passes.

The members ot the Commission concurred in statements issued by the Chairman of the Board in which there were a number of mis-statements relative to the effect of the various orders on rates.

The freight emergency charges were authorized and adopted without the issuance of exceptions thereto.

3M

JouRNAL OF THE SENATE,

The members of the Commdsslon stated that they could not have done .otherwise than to adopt the emergency charges in their entirety. This unanimous statement by the five members demonstrated beyond doubt their incompetency and total ignorance of the law in approving or disapproving freight rates.
The evidence showed that telephone rates had been greatly increased in this state above the pre-war and high war-time levels and that no effort was being made to lower them.
The Commdssion had permitted the issuance of stocks and bonds to some of the public utilities without proper consideration and investigation.
The evidence showed that light and power rates or all or the power companies in Georgia were entirely too high and that the public was being burdened thereby and that no effort was being made to adjust these rates.
The evidence also showed that the utilities had been permitted to establish inflated values for rate making purposes,in most instances, only a very small portion or which were returned tor taxes.
The Commdssion had exercised no diligence in procuring intelligent inventories,appraisals and valuations and had been wholly negligent in keeping progressive valuation on the properties or the various public utilities over which they had supervision.
The evidence also showed that the Chairman,James A. Perry,of the Commission alternated with the Georgia Power Company in using a young lady from the Georgia Power Company as Secretary.
Mr. A.J. Woodruff,the evidence showed, has suggested to bus companies the employment or his son, William Woodrutf,as a lawyer by the bus companies over which the Public Service Commission had super-

THURSDAY, jANUARY 24, 1935.

365

vision and control. Members of the Commission, Mr. A.J. Woodruff and
Mr. Walter R. McDonald! had requested the issuance of passes to individua s by bus companies over which the Public Service Commission had supervision and control.
The evidence showed that the Commissioners,Jule w.
Felton and Perry T. Knight rode on and used passes on the railroads over which the Commission had control and used identification cards on buses under the control of the Commission.
The evidence was conclusive against each of the members of the Commission. In short, the utility rate situation in Georgia had been neglected at the expense of an overburdened public who used the services of the utilities. The necessity for immediate action was evident and the members of the Commisssion admitted their inability to remove the burden by lowering rates to a reasonable level.
The Public Service Commission of the State of Georgia is an administrative State agency and the power and authority exercised by it is quasi legislative,executive and judicial.
Rate regulation is legislative in character and is performed in the exercise of a constitutional legislative function,a sovereign state right under the police power of the State.
The sovereign people of the State of Georgia had issued a solemn edict calling for lower utility rates.
I saw that there was utterly no possibility of being able to carry out the soverign will of the people,as thus expressed,in the lowering of utility rates under the Comndssion as then constituted.
The only protection that the public has against the charging of unjust and unreasonable rates by

366

JouRNAL oF THE SENATE,

public utility companies is found in the Public

Service Commission of Georgia. This Commission is

the agent of the public to see that the strong do

not encroa sonable ra

ch tes

upon be c

the har

weak ged.

1

and It s

that tand

s

jus as

t

t

and rea he only

-

bulwark between the monopolies consummated by the

utilities on the one hand,and the defenseless pub-

lic on the other.

Matters of such grave importance to the people must be looked after. Delay is disastrous.

I was fully conscious of the fact that the General Assembly had been actuated by the highest motives of public policy in imposing upon the Governor the duty of suspending members of the Public Service Commission in order to prevent the danger to the public interests which might arise from leaving such great powers and responsibilities in the hands of men who were disqualified,pending the next biennial session of the General Assembly. I realized that if this were done,the very object or the law as embodied ln Code Section 2618 would be destroyed.

I was,therefore,confronted with a ~ituation which was evidently anticipated by the General Assembly at the time of the passage of the Act referred to.
MY duty was apparent. It was not a pleasant one.

I knew that the very letter and spirit of the law

required me upon my own

to fin

daicntg1

to s

a of

ct r

prom act.

ptly,and Because

necessarily of this

fact,! issued the rule nisi and went thoroughly in-

to the matter before acting. The evidence was

positive and my duty had been made to clearly

appear. An order suspending the members of the old

Commission and appointing others whom I believed

would faithfully and fearlessly perform their

duties both to the public and to the utilities in

the State, was demanded.

On the specific evidence developed at the hearing and for the reasons above given,as well as for the

THURSDAY, JANUARY 24, 1935.

367

reasons given in my order of July 21, 1933, I felt that the public interest of the people of this state demanded immediate action and that the burden of high utility rates should be removed as quickly as possible. I, therefore, issued the order of July 21, 1933, suspending each of the members of the Public Service Commission of Georgia. I attach hereto a copy of the order of suspension and identify the same as EXhibit E to this report.
Each member thus suspended,except Honorable Perry T. Knight,filed in the Superior Court of Fulton County a petition for writ of certiorari. The writ of certiorari was denied and in each instance the case was appealed to the Supreme Court of this State and in each instance the Supreme Court affirmed the lower court in denying the writ of certiorari. (See Felton vs. Fed. of Labor, 178 Ga. 313).
Each of the former commissioners,except Honorable Perry T. Kn1ght,filed a petition in the nature of a writ of quo warranto by which it was sought to question the right and authority of the members appointed by me to act as members of the Public Service Commission of the State. In each of these cases the lower court sustained a demurrer to the petition and dismissed the proceeding. On appeal to the Supreme Court of the State,the lower court was affirmed. (See Felton vs. Hulet 178 Ga. 311).
I submit further as a part of this report that the members of the Commission appointed by me,after the suspension of the former commiSsioners, have conclusively demonstrated the necessity for utility rate reductions in this state, and have conclusively demonstrated the fact that the former comm1ssmners suspended by me had neglected their official duties in failing to adjust,revise and lower utility rates.
Since their appointment on the date of July 21, 1933, the present members of the Georgia Public Service Commission have been very active in reducing and revising utility rates within this Stat~

368

JouRNAL oF THE SENATE,

I shall not attempt to set out in this report in detail all or their acts in this regard,but desire to call this Honorable Bodyts attention to some or the major reductions which have been made in the rates or the various public utility companies,operating under the supervision or the Commission.
The present members or the Commission were appointed on the date that the former members were suspended,to wit on July 21, 1933. Before the appointment of these commissioners,! ascertained from them their general attitude toward utility rates and charges of all utility companies operating in the state under their supervision. They found tha~ as a rule,these rates and charges had not been revised since several years prior to the beginning of the depression and that they in no wise reflected the general changes in all other prices brought about by the greatest economic disaster that this country has ever known.
TELEPHONE RATES On August 3, 1933, the new Commission,therefore, issued a rule nisi directed to all telephone companies operating under its jurisdiction requiring them to show cause why telephone rates should not be reduced and why extra charges should not be reduced or eliminated. This rule was made returnable on September 12, 1933, and on that date the new Commission commenced its investigations. The information in the files of the Commission relative to the telephone companies was very meage~ unreliable and practically useless. The investigation,therefore,was general and covered all phases of telephone rates and charges and all questions as to operating conditions,the history of the various rates,etc. This investigation into the rates and charges of the telephone companies lasted over a period of approximately six weeks.

THURSDAY, JANUARY 24, 1935.

369

After the conclusion of the investigation,the new Commission first took up the question of the extra charge ot 50 per month made by the telephone companies for the French phone or hand set. On the 5th day of October, 1931, the Commission issued its first rate reduction order reducing the extra charge tor the hand set from 50 per month to 15 per mont~ This reduction has been in effect by all pt the telephone companies operating in Georgia since October 1933.
The next matter to be considered by the Commission in connection with telephone rates and charges was the extra charge known as the installation charge. The Commission felt that with reduced rates many subscribers who had lost their telephones during the depression would want to have them reinstalled and felt that a lower installation charge was demanded by the evidence. They, therefore, on the 20th day ot October, 1933, issued their second order reducing the installation charge from $3.00 to $2.00. This was a reduction of 33-1/3%. This installation charge of $2.00 has been in effect since November 1933.
The next charge to be considered by the Commissron was that of the "Extra Exchange Lire Mileage Charge". This is a charge made by the telephone companies for subscribers who live outside of the base rate area. The charge had been fixed at 64 per quarter of a mile. For example,it a subscriber lived within the first quarter mile of the base rate area,he had to
pay 64t per month extra and if he lived within the
next quarter mile, he had to pay $1.28 per month extra. If he lived as much as a mile or more than 3/4 of a mile from the base rate area, he had to pay $2.56 per month. This charge was reduced by the PUblic Service Commission in its third order dated November 17, 1933, from 64 to 40, the reduction being more than 21%. This reduction has been in effect by all telephone companies in Georgia since December 1933, and enables the subscriber who lives beyond the base rate area to obtain his phone at a much lower price.

370

JouRNAL oF THE SENATE,

On November 17, 1933, the Commission issued its general exchange rate order reducing the monthly rates on telephones approximately 20% to 25%. For example, the business exchange rate in Atlanta was reduced from $10.00 to $7.50 per month. The rates in the smaller exchanges throughout the State were reduced proportionately.

The Southern Bell Telephone Company,operating a great majority of all the phones in the state, contested the validity of the order,alleging confiscation. The suit was filed in the Federal Court for the Northern District of Georgia.

A hearing was had on an application of the Southern Bell Telephone Company for a temporary restraining order before his Honor, E. Marvin Underwood, at Gainesville, on November 30, 1933. The Georgia Commission defended this application and a temporar,y restraining order was denied. The lower exchange rate order therefore as to Southern Bell Telephone Company went into effect.

An application for heard before Circuit

an interlocutory Judge, Honorable

Sinamjuunecl tsio. n

was

Sibleyf and District Judges, E. Marvin Underwood

and W. Grubb. This hearing was held at Atlanta on

December 11, 1933, and lasted for three days. At

the conclusion of the hearing, the Commission was

again successful and the interlocutory injunction

was denied by the three Federal Judges.

The Federal judges in denying this injunction handed down a long opinion in which they held that the rates, on the record produced, were not confiscatory and that the new rates should be tried out for the purpose of determining what effect they . would have on the business of the Southern Bell Telephone Company.

This case is still pending in tl.L.3 Federal Court and in the meantime the low rates ordered by the Commission are in effect and have been in effect since December 1933. The estimated saving to the

THURSDAY, }ANUARY 24, 1935.

371

subscribers of the Southern Bell Telephone Company under the exchange r~te order alone is estimated at more than $700,000.00 per year. In addition to this saving,the savine to the subscribers under the 11hand set order 11 ; 11 the installation charge order11 ; and 11the extra exchange line mileage order"is hard to estimate but will run into thousands and thousands of dollars per year.
All of the independent telephone companies in Georgia put all of the telephone rate reduction orders into effect and they have been in effect since the effective date thereof, with the exception of ten of the small independent companies. These companies are:
Thomaston Telephone Company Dalton-Telephone Company Georgia Continental Telephone Company Southeastern Telephone Company Central Telephone Company Statesboro Telephone Company Cairo Telephone Company Consolidated Telephone Company Douglas Telephone Company Chatsworth Telephone Company These ten independent telephone companies were successful in obtaining an injunction in the Federal Court enjoining the exchange rate reduction order. The other three orders were put into effect by them. The Commission after the passage of the Johnson Bill, issued a new rule nisi directed to these ten telephone companies and conducted an additional investigation. This rule nisi was issued on May 28, 1934. Following the investigation the Commission issued new rate orders reducing the ratesof these ten companies approximately 70% of the original rate reduction. These independent companies filed suits in the Superier Court of Fulton County and after a hearing

372

JouRNAL OF THE SENATE,

again obtained a temporary injunction against the enforcement of the rate reduction orders.
Pending the disposition of these cases in Fulton Superior Court,the companies filed tariffs with the Comndssion which put into effect approximately 75% ot the reductions which had been ordered by the Comndssion. These reduced rates were accepted by the Commission and the cases were dismissed in court at the cost ot the telephone companies.
Theretore,the new Commission has succeeded in putting into effect lower telephone rates throughout the entire state and at an estimated saving of more than a million dollars per year.
LIGHT AND POWER RATES The Commission appointed by me did not confine its efforts to reducing telephone rates but during the month of December, 1933, immediately following the investigations into the telephone rates and charges,the Commission conducted a general investigation into light and power rates. The Georgia Power Company serves approximately 90% ot the electric light and power customers in .the state and the investigation as to this company lasted approximately a month. The hearing was concluded in December 1933. The investigation developed the tact that the rates which were prescribed by the old Commission effective June 1, 1933, applicable to all territory in the state were on an approximate level with the rates which had been prescribed in 1929. In spite ot this tact, the old Commission had perrrdtted newspaper reports to the effect that the. rates prescribed in 1933 were very materially lower than the rates which prevailed prior to that time. The evidence at the hearing before me disclosed these facts. At the conclusion of the investigation by the

THURSDAY, JANUARY 24, 1935.

373

new Commission in December 1933 the residential light and commercial power rates were reduced.
I am attaching hereto as EXhibit (e) a chart whiCh shows the reduction in rates tor the average residential consumer.
In 1929 the average residential consumer consumed 474 KWH during the year. This chart will show the distribution or the KWH per month. It represents the average distribution tor the average residen~ consumer. Under the 1929 rate,this average consumer paid $35.70 tor the 474 KWH and under the 1933 rate fixed by the old Commission he paid
$35.05. Therefore the reduction was less than 2%.
Under the rate fixed by the new Commission he paid only $28.26 which was a reduction or 21% under the 1929 rate and a reduction or approximately 19i% under the 1933 rate.
This simply illustrates the figures shown on the chart attached hereto as EXhibit (e).
These redu.ced rates or the Georgia Power Company were made effective and have been in effect since December 1933. The saving to the customers or the Georgia Power Company throughout the state by reason or this reduction will exceed $1,200,000.00 per year.
The next company in size among the power companies of the state is the Savannah Gas & Electric Company at savannah, Georgia.
The new Commission reduced the residential light rates or this company approximately $168,000.00 per year and the new rates became effective after the issuance of the order during March 1934.
The only remaining electric light and power company operating in Georgia of any significance was the Georgia Power & Light Company with headquarters at Valdosta.

374

JouRNAL oF THE SENATE,

The Commission issued an order reducing the rates of this company approximately $106,000.00. The Company fought this rate reduction order in the Federal Court and succeeded in getting an injunctmn which enjoined the enforcement of the reduced pates.
A subsequent rule nisi was issued to this company and after a new investigation,a new order was passed by the Commission reducing the rates of this company approximately $66, 000 per year. The company again went to the Federal Court seeking an injunction. The Commission defended the case and its motion to dismiss the bill in the Federal Court was sustained. The Company then filed its application in Fulton Superior Court and after an extensive hearing three judges of the Fulton Superior Court denied the injunction and the reduced rates went into effect.
After the court had denied the injunction,the Georgia Power & Light Company dismissed its petition in Fulton Superior Court at its own cost.
Therefore, the Commission appointed by me has already reduced electric light and power rates approximately $1,450,000.00 per year when the old Commission had said that it was impossible to further reduce electric light and power rates in this state.
FREIGHT RATES
There had been no general change in the level of freight rates as a whole in this state since 1928 and the new Commission in January, 1934,immediately following the investigation into the light and power rates, instituted a general investigation into all class and commodity freight rates within the state.
This investigation was very thorough and exhaustive and lasted for a period of approximately two months,ending in March 1934.

THURSDAY, JANUARY 24, 1935.

375

Following the general investigation, on March 1, 1934,the Commi~sion issued its order reducing the rates on fertilizer and fertilizer materials approximately 30%. This order was enjoined by the railroads in the Federal Court.

On rate

March order

r2e3d1

1934, ucing

t

th he

e

r

Commission ates on cla

iss ss

u r

ed ate

its d tr

class affic

in Georgia approximately 27%. The Commission put

these rates on the approximate level or class rates

in the North and East. This class rate order was

enjoined by the carriers in the Federal Court.

On April 10,1934, the Commission issued its order

reducing rates on sand,gravel,crushed stone,etc.,

approximately 30%. This order was likewise enjoined

in the Federal Court.



Subsequently the Commission revoked the orders which had been enjoined.

The Commission on March 30, reducing the rates on cotton.

1T93h4e1se

i

ssued reduc

t

its ion

oroer s

ranged from 40% to 50%. These rates were published

and are in effect. They have been in effect since

May 1, 1934. The estimated saving to the farmers

in Georgia resulting from these cotton rates would

not be less than $2001 000 or $300,000 per year.

The Commission on April 5, 1934, issued its order reducing the rates on cottonseed approximately 30%. These reduced rates on cottonseed have been in effect in this state since May 10, 1934, and are still in effect at an estimated saving of approximately $75,000 per year, or more.

The Commission,after it had revoked its class rate order which had been enjoined, issued a new rule nisi in May 1934 and called the carriers back tor further investigation,atter the passage or the Johnson Bill.

Attar the conclusion of another general investigation, the Commission on July 21, 1934, issued its

376

JouRNAL or THE SENATE,

order reducing the rates on naval stores from 18%

to 21%. These reduced rates were put into effect

by the carriers and have been in effect in this

state,at a great saving to the shippers, since

August 20, 1934.



The Commission on July 21, 1934, passed its class rate order reducing class freight rates within the State approximately 18%. The carriers made an attempt to enjoin this order in the Federal Court but the motion of the Commission to dismiss the bill was sustained and the carriers were forced to take their next step by going into the State courts. They did not attempt to enjoin this class rate order in the State courts but published the same and these reduced class rates have been in effect in Georgia since August 20, 1934.

In the meantime the carriers have tilleda Thirteenth Section case with the Interstate Commerce Commission alleging discrimination against interstate commerce and asking the Interstate Commerce Commission to raise the intrastate rates to the interstate level in the South.

The Commission is defending this case before the Interstate Commerce Commission and hearings have been held in Atlanta and in Washington. The evidence has been concluded and the Interstate Commerce Commission will decide the case sometime next Spring. In the meantime,the reduction in class rates are in effect at a great saving to the shippers in Georgia. In this class rate case the Commission has produced much statistical data and information establishing the fact that the class rates in the South ought not to be maintained on a higher level than in the North and East.

On July 26, 1934, the Commission issued its order reducing the rates on petroleum and petroleum products approximately 17%. The carriers did not attempt to enjoin these rates in the courts and they have been in effect since August 31,1934.

THURSDAY, jANUARY 24, 1935.

377

The carriers have, however, filed a Thirteenth Section case with the Interstate Commerce Commission alleging discrimination against interstate commerce and seeking to have that commdssion raise the intrastate rates to the interstate level. This case is being defended before the Interstate Commerce Commission and the hearings have not been had. Sometime next year after the conclusion of the evidence and after the filing of briefs, the case will be decided by the Interstate Commerce Commission.
Therefore, the Commission appointed by me has been successful in establishing lower freight rates which are now in effect in the state on:
Cotton Cottonseed Naval Stores Class Rates Petroleum and petroleum pro-
ducts I am attaching hereto as Exhibit (f) the Commission's order on cotton; as Exhibit (g) the Commission's order on cottonseed; as Exhibit (h) the Commission's order on naval stores; as Exhibit (i) the Commission's order on class rates; as Exhibit (j) the Commission's order on petroleum and petroleum products.
PASSENGER FARES During the fall of 1933,the Commission instituted an investigation into the Pullman surcharge fares being maintained by the railroads in this state. Pending this investigation and after a hearing,but before the Commission had issued its order,the carriers voluntarily removed the Pullman surchange in Georgia and in the South. The removal of these Pullman surcharges became effective generally on December 1, 1933~ On January 12, 1934, the Commission issued its rule to all the carriers requiring them to show

378

JouRNAL oF THE SENATE,

cause why passenger fares in Pullman cars and day coaches should not be reduced.
Hearings under the rule were conducted and at the conclusion of said hear!ng,and on March 16,1934,the Commission issued its order reducing the maximum basic passenger fare from 3.6 to 2 per mile,good in Pullman cars and in day coaches.
The carriers had,prior to the issuance of this order,voluntarily reduced the fares in day coaches to l.5t per mile.
After the issuance of the Commission's order on March 16, 1934, the carriers voluntarily put into effect the passenger fare of 2,good in Pullman cars in Georgia. These fares have been in effect since the date fixed by the order. Georgia ls the only state in the Union today in which a passenger can ride in a Pullman Car on a one~~ay ticket for 2 per mile. One-way tickets in Pullman cars elsewhere in the South are 3 per mile. This rate also prevails in the West while in the East the basic rate of 3.6 per mile is still in effect.
After having published the reduced rates ordered by the Commission,the carriers filed a Thirteenth Section proceeding with the Interstate Commerce Commission alleging discrimination against interstate passengers and are seeking in said proceeding to have the Pullman fares in Georgia raised to the interstate level.
The Commission has defended this case before the Interstate Commerce Commission and the hearings have been closed. The briefs will be filed in the near future and sometime next Spring the Commission will decide the case. In the meantime lower rates are in effect in Georgia. I am attaching hereto as Exhibit (k) a copy of the Commission's order reducing passenger fares.
RATES FOR MOTOR CARRIERS On February 7, 1934, the Commission issued its

THURSDAY, JANUARY 24, 1935.

379

rule nisi directed to motor carriers in the state and required them to show cause whY the present class rates being charged by them for the transportation of freight within the State of Georgia should not be reduced.

Under the rule an investigation was conducted by the Commission and after the record had been closed, on March 27, 1934, the Comm1ssion issued its order reducing the rates to be charged by motor carriers for the transportation of freight approximately 20% placing these rates on the same level as the class rates fixed in its first order. These reduced rates were put into effect on May 1, 1934, and have been in effect since said time. They are approximately 10% lower than the present class rates for rail carriers which are under attack before the Interstate Commerce Comm1ssion. The truck operators in Georgia have not sought to enjoin the rates. A copy of said order of the Commission fixing rates or motor carriers above referred to is attached to his report as Exhibit (1).

In addition to the cases hereinbefore mentioned

ending before the Interstate Commerce Commission,

number of the commodity rates in Georgia,and the

lass rates,are at issue in another proceeding pend-

ng before the Interstate Commerce Commission. The

acksonville Chamber of Commerce and a number of

acksonville shippers filed a Thirteenth Section

ase under the Transportation Act alleging that a

umber of the lower commodity rates, and the lower

lass rates in Georgia resulted in discrimination

gainst Jacksonville shippers and brought about an

lawful preference in favor of Georgia shippers.

orne of the traffic bureaus from adjoining states

iled interventions in this case. The rail carriers

n Georgia were the respondents and in their answer

dmitted the discrimination and asked that the dis-

rimination be removed by raising the Georgia intra-

tate rates to the interstate level. Hearings were

ad in this proceeding t Brunswick Georgia.

at J The

ackSonvill record has

e1oFeelon

r

ida,and closed,

riefs have been filed and the Interstate Commerce

380

JouRNAL oF THE SENATE,

Comm1ssion has the matter before it tor a decision. EXPRESS RATES
The Commission during the tall ot 1934 instituted a general investigation into the rates and charges ot express companies operating in Georgia. After a general investigation it obtained a material reduction in express rates throughout the entire state and tne tariffs carrying these reduced rates have, within the past few weeks,become effective. These reduced express rates very materially affect smaller towns and destinations throughout the entire state. They have general application and will result in the saving of thousands ot dollars to express shippers.
GAS COI1PANIES Within the past few weeks the Commission has conducted a general investigation into the rates and charges of all gas companies,those who manufacture and sell their gas,as well as those who distribute natural gas. This investigation has been concluded~ On the 6th day of December 1934 the Comm1ssion issued its order reducing the rates on gas sold by the Savannah Gas & Electric Company. The effective date or this reduction is December 10, 1934. This
reduction is approximately 17% and will save the
users ot gas at Savannah many thousands or dollars each year.
Orders were likewise issued reducing the gas rates of the other companies operating in Georgia and the effective date of the reductions isfixed as ot January lst, 1935, but on meter readings on and after February lst, 1935. These reductions vary in the various cities and tor the various companies. -They are approximately as follows:
Amer1cus l4f% Athens l6i% Augusta l5f% Brunswick 1~

THURSDAY, jANUARY 24, 1935.

381

Gainesville lli% Valdosta . 9i% Waycross l5% Atlanta lOt% Columbus 20% Griffin l3i% Macon 17-t% Rome ........... 13i%

The effect of amount paid for

the gas

agpaps roraxtiemaotredlyer$s4wooi,loloroe.odoucwe htehne

based on last years yonsumption. In the event

these rate reduction orders are contested the Com-

mission will offer firm resistance and will defend

any legal action taken by the companies to prevent

the enforcement of the orders.

The various reductions in rates made by the Commission appointed by me,including reductions in telephone rates,power and light rates,freight rates, mrsaaovtteeosr1thcaneadrprpuieabsrlsiceonrngtoerrtucfleaksresrastt1ehwsa,inellxt,peInrecmsosniflrliaidoteennstdlygoalbslaer~sv~ annually.

I am firmly convinced that the Commissioners appointed by me,to wit: Hon. Jud P. Wilhoit,Chairman; Hon. George L. Goode; Hon. Thos. K. Davis; Hon. Ben T. Huiet; and Hon. J. B. Daniel, have striven to carry out the wishes and solemn mandate of the Sovereign people of Georgia with respect to utility rate matters. The progress which they have made attests their efforts and demonstrates the fact that the members suspended by me had been grossly negligent and had deliberately failed to discharge their solemn duties under the law.

In most 1nstances,as herein stated,the various utilities have stubbornlY fought these reductions and have litigated every step of the way. They fought through the Federal and State Courts and the railroads have carried their fight to the Interstate Commerce Commission in some instances,as herein stated. They have been met by a firm and determined

382

JouRNAL or THE SENATE,

resistance in each and every instance and the results which have been accomplished attest the efforts of the new commission appointed by me, and show that I was right in my judgment as to all of these matters when I suspended the members of the old commission. The old commission contended that rates could not be reduced,but they have been.

As stated hereinbefore,! have not attempted to set out in detail every one of the reductions made, but I now refer the General Assembly to the Commission's Sixty-first (51st) and Sixty-second (62nd.) Annual Reports for a more comprehensive report as to all of their acts and orders reducing rates.

The Comm1ssion, in all of its investigations and 1n its litigation,has been represented by the Attorney General and his staff of Assistants,and in some instances assisted by other counsel. Their splendid cooperation in all of these matters is attested by the results obtained.

For all of the reasons stated,and in the public interest,!, therefore,respectfully ask that, after a consideration of this matter the General Assembly approve my action in suspending the former Public Service Commission from office.

Respectfully submitted,

Eugene Talmadge,

GOVERNPR OF GEORGIA. Dated at Atlanta, Georgia, This the 24th day of January, 1935.

TO THE GENERAL ASSEMBLY OF GEORGIA:

I have submitted to you my report of the reasons

for suspending Honorable James A. Perry, Honorable

JPuelrerywT. .

Knight, Felton,

Honorable A. and Honorable

J. Woodruff,Honorable Walter R. McDonald

from office as members of the Public Service Com-

mission of Georgia by executive order under date of

THURSDAY, JANUARY 24, 1935.

383

July 21, 1933.

This order of suspension was effective as to the term of Honorable A. J. Woodruff which expired November 30, 1933, and on December 1, 1933, byexecutive order I suspended from office Honorable A. J. Woodruff for the term beginning December 1, 1933, and reappointed Honorable Geo. L. Goode to serve until action upon such suspension should be taken by the .General Assembly.

The report before you as to my reasons for suspending the entire Commission on July,21, 1933, is full and complete and contains the reasons moving me in passing the order of December 1, 1933, again suspending Mr. Woodruff. I considered that he was laboring under the same disqualifications and disabilities on that date as on July 21, 1933 and acted accordingly.

Therefore,for the reasons stated,and in the public interest,I,therefore,respectfully ask that, after a consideration of this matter,the General Assembly approve my action in suspending Honorable A. J. Woodruff from office under executive order of December 1, 1933.

Respectfully submitted,

Eugene Talmadge,

GOVERNOR OF GEORGIA. Dated at Atlanta, Georgia, This the 24th day of January, 1935.

EXHIBIT "A"

BE IT RESOLVED by the Georgia Federation of Labor

cth.roSuagvhagteh,ecouunndseelrsfiogrnesda,iidts

Executive Board,that Georgia Federation of

J.

Labor,be and he is hereby directed to present a

petition,on behalf of the Georgia Federation Gf

Labor,to His Excellency, the Governor of Georg1a,re-

questing the suspension and removal of each and

384

JouRNAL oF THE SENATE,

every member of the Public Service Commission of Georgia, and that said petition be prosecuted to a final determination.

This 6th day of June, 1933.

signed signed signed signed signed signed signed

J.Sid TillerL President

W.B. Jones, vice Pres.

T.L. Elder, Vice Pres.

Heyard Rivers, Vice Pres.

wJ.O.c..

Morgan, Vice Pres. Jeffries, Vice Pres.

C.E. Petry, Sec.-Treas.

GEORGIA, FULTON COUNI'Y

TO HIS EXCELLENCY, EUGENE TAI11ADGE, GOVERNOR OF GEORGIA:

Pursuant a resolution adopted by its Executive Board, the Georgia Federation of Labor files this its petition to Your Excellency requesting the suspension and removal of each and every member of the Public Service Commission or Georgia, and respectfully submits for your consideration the following facts.

First.

Section 2618, or the Code of Georgia,provides as follows:

"Any Commissioner may be suspended from office by order of the Governor "

And, Section 2620 of such Code,provides that

"In any case of suspension, the Governor niay fill the vacancy until the sus~ended Commissioner is restored or removed

Second.

The Georgia Federation of Labor is composed of

THURSDAY, }ANUARY 24, 1935.

385

more than thirty thousand citizens of the State of Georgia, who are patrons of public utilities of thiS State, and who are vitally interested in the integrity or Government and the :fixing of !air and equitable rates by public utilities.

Third.

Before applying to Your Excellency to exercise your executive authority to remove and replace the members of the Public Service Commission. your petitioners :first exhausted the means provided by law :for obtaining relief :from oppressive utility rates. An exhaustive study was made of conditions and a respectful and urgent appeal made to the Public Service Commission :for relief,but their efforts were unavailing and there is now no alternative offered, except to appeal to the Governor of this State to afford the relief which has been denied.

Fourth.

On October 5 1932, the Democratic party,in con-

v:feonlltoiwoningassdeemclbairead~1iaodno:pted

a

platform .

containing

the

"Railroad rates,power and light rates,and telephone rates are unreasonable,and should be reduced to a pre~~r basis,in the line with other commodities. The collection o! a service charge by public utilities is unjustified and should be discontinued. The valuation of public utilities for rate making and :for taxation should be the same;"

Fifth.

The Public Service Comm1ssion of Georgia is delegated by the Legislature to set as the agent of the people, and it is their duty to represent the people or Georgia in obtaining service from publi~ utilities at reasonable rates. Your petitioners charge, as will appear more specifically hereinafter, that the Public Service Commission of Georgia

386

JouRNAL oF THE SENATE,

has wholly failed to carry out the purpose for which it was created, and by its acts of misfeasance and malfeasance has betrayed the truLt which is reposed in it, and should be removed from public office.
Sixth. It is well known to the Public Service Commission of Georgia that the cost of generating electric current is less than one-fifth of one cent per KWH, but notwithstanding this fact,they have adopted a rate which requires the domestic consumer of electrical current to pay twenty cents per KWH,for the first unit of current furnished,which is one hundred times the cost of manufacture. Your petitioners charge that such a rate is exhorbitant and unreasonable,and that any public officer allowing such a rate is a menace to the people of this State and should not be continued in office.
Seventh. Your petitioners show that electrical current can be profitably manufactured and delivered to the domestic consumer for two cents per KWH and 1n support of such a statement we respectfully submit that the prevailing price for current to the domestic consumer in Canada,just across the American border, is one and one-halt cents per KWH, while the average cost 1n this country and in Georgia is in excess of five cents. Private companies,as the Federal Trade Commdssionts reports disclose,operate in Canada at a generous profit, and at the same time deliver their current for one and one-half cents per KWH, as above stated. Notwithstanding the fact that this is well known to the members of the Public Service Commission,they have consistently and arbitrarily declined to afford the citizens of Georgia adequate and equitable relief.
Eighth. Your petitioners charge that the Public Service Commdssion permit,aid and abet the Georgia Power

THURSDAY, jANUARY 24, 1935.

387

Company in obtaining and maintaining a monopoly in the State of Georgia by allowing the purchase of electrical generating and distributing plants throughout this State at exorbitant figures,allowing them to be abandoned and dismantled,but at the same time added to the capital structure of such company for rate making purposes. Petitioners are informed,and therefore charge,that in one instance a plant in this State,which had originally cost sixty-five thousand dollars was purchased by the Georgia Power Company for one hundred forty-five thousand dollars,dismantled and sold for junk for five hundred dollars,and was added to the capital structure for rate making purposes at the full purchase price. Petitioners charge this to be an unlawful and fraudulant act,justifying and demanding the removal of the Public Service Commissioners.
Ninth. Petitioners charge that in numerous instances throughout the State that the Georgia Power Company has purchased potential water sites,which will not be developed during the present generation,if at any time. Petitioners charge that such purchases are made to prevent the possibility of competition and to further the interests of a monopoly, and that the interest for carrying undeveloped water power sites which are neither used nor useful in the operation of the company,is borne by the people of Georgia, and that such is unreasonable and unfair to the consumers of Georgia. Public Service Commissioners,who knowingly permit this condition to exist are a detriment to this State and should be removed. Petitioners charge that the Georgia Power Company pays a gratuity to the Commonwealth and Southern Company,amounting to approximately three hundred thousand dollars per year,the same being based upon a percentage of gross receipts. That neither the Georgia Power Company nor the consumers of this State reap any benefit or service for this money and that the payment of same is unlawful and unjust. Petitioners charge that a Public Service Commission who permit the exacting of sucha tribute

388

JouRNAL oF THE SENATE,

from the citizens of Georgia are unworthy of their office and should be removed.

Tenth.

With the consent and approval of the Public Ser-

vice Commission of Georgia, the Georgia Power Com-

pany engages in a mercantile business,distributing

electrical appliances,in competition with the ~e

gitimate merchants of this State. During the year

1931, this department or the Georgia Power Company

sustained a been passed

olonsstootfhe$1p4u4,b4l0ic2..50~ewtihtiichonelorsss

has charge

this to be illegal,unequitable and an unjust impo-

sition upon the consumers of current and the mer-

chants or this State. Petitioners charge the Public

Service Commission of Georgia with acts or malfea-

sance in office in that they aid and abet the Geor-

gia Power Company in circulating false and mislead-

ing statements concerning the business or the Geor-

gia Power Company and the rates charged,in that

said Commission and the Georgia Power Company,in an

effort to deceive the public state that Georgia

enjoys one of the lowest rates in the Nation and a

rate which cannot be further reduced. These state-

ments your petitioners charge are wilfully,know1ng-

ly and maliciously false for that under the revised

schedule of rates the Georgia consumer pays for the

first sixty KWH or current consumed monthly the sum

or $3.78. Rates prevailing in ten other cities .

from Canada in the North, to Florida in the South,

from New York in the east to California in the West,

are as follows: Washington,D.c. $2.52; Los Angeles

$2.31; $2.65; $2.80;

Chicago $2.88; St.Louis $2.59 Seattle $2.60;

;

MBBallulwtfiafmuaokloeree1~2$.$21.286.~8.6~ileTDvheeetlraaonvidet rage

for the ten cities named 1s $2.60, as compared to

the Georgia rate of $3.78, showing the rate in Geo~

gia to be 45.4 higher than the average rate pre-

vailing in the ten cities named.

Eleventh.

The C1 ty or Jacksonville ma1nt~ins a more advan-

THURSDAY, jANUARY 24, 1935.

389

tageous rate than the rate prevailing in Georgia and at the same time makes a sufficient profit to pay more than sixty per cent of the entire cost of government in that City. The Jacksonville rate provides for fifty cents for the first seven KWH,as compared to the Georgia rate of one dollar for the first five KWH.

Twelfth.

Petitioners show that beginning in November of 1932, the Public Service Conmdssion proceeded through the formality of a hearing to bring about a reduction in rates. On March 25, a report was rendered by said Commission. Said report was released on Saturday,for publication in Sunday papers and carried exorbitant statements as to the reductions effected. The Commission contended that it had removed the service charge to the domestic consumers. Your petitioners charge that the service charge was removed in name only and that the reductions effected were nil. In rendering said report, your petitioners charge that the Public Service Commission knowingly and wilfully attempted to mislead and deceive the public with reference to the effect of their findings. The reductions granted were as follows:

or the
per cent,

toretcaelivneudmbaerms oonfthclyonrseudmuecrsti,on9,9o0f02o3rt

9

1/4

19,600, or or 16.6 rec received a

er1ei8vd.e3udcrteai oc enr ei vdoeufdcataito; nr e5do1u,f0c04t0ito; noaro,a4fo7o1. 645ot ;ro18f%7t,h8 0e 0

total customers of the company received a reduction

of only 2it per month. The service charge was re-

moved in name only. The KWH rate being increased a

sufficient amount to absorb the service charge, and

resulting in no saving to the public.

Thirteenth.

Petitioners charge that such fraudu~.ent and deceptive practices should not be tolerated,and that the Commissioners should be removed for such.

390

JouRNAL OF THE SENATE,

Fourteenth.

Petitioners charge that the Georgia Power Company and the Alabama Power Company are owned and controlled by the Commonwealth and Southern Company. That during the year 1931, these companies engaged in the practice of exchanging current,one with the other. That the Georgia Power Company sold and delivered throughout each month of said year,current for 2 mills per KWH. That throughout each month of said year,they repurchased from said Alabama Power Company current,ror which they paid 4 mills per KWH and that this practice is a loss to Georgia citizens or $601,450.00. Your petitioners charge this to be illegal and fraudulent practice and that such facts are well known to the Public Service Co~ mission of Georgia,and they wilfully and fraudulently approve and permit such practices to continue,to the detriment or the citizens of this State. Petitioners charge this to be an actual fraud against the people of Georgla,aided and abetted and participated in by the members of the Public Service Connnission.

Fifteenth.

Petitioners charge that the Georgia Power Company

vapapluroesximitasteplyro$p4e5r,toieoso,ofooro.othoe.

tax purposes at That the Georgia

Pow-

er Company claims the actual value of their prop-

erties ~o be in excess of $261,000!000.00. That

the Public.Service Comndssion, in ts report or

April 29,1933,places a valuation or $152,133,600.00

u~on the properties of this Company and fix the

rates accordingly. Your petitioners charge that

this is an unlawful and unequitable discrimination

as between the taxing authorities of this State and

the consumers of current,and in conflict with the

solemn pledge of the Democratic Party, under which

they held office. That to allow such a condition

to exist constitutes a fraud upon the people of the

pledge of Georgia and a violation and repudiation

of the solemn pledge of the Democratic party.

THURSDAY, jANUARY 24, 1935.

391

Sixteenth. Your petitioners charge the Public Service Commission of Georgia with gross neglect and wilful repudiation of the principles of the Democratic Party, in that while said party is pledged to a reduction in all utility rates,no gesture has been made towards reducing said rates. Eight monthS have elasped since the adoption of said platform and the giving to the people of the pledge of the party,and the commission has negligently and wilfully wholly disregarded said pledge.
Seventeenth. An application was filed with the Commission,seeking a reduction in street car fares in Atlanta. 'lh:ts application has apparently been ignored,for a hearing was had months ago and no action has been taken.
E;ighteenth. Petitioners charge the Public Service Commdssion with gross negligence,incompetence and inefficiency in that they do not possess any accurate inventory and appraisal of the properties of public utilities in Georgia,but arrive at an arbitrary valuation in a haphazard manner,relying largely,if not entirely, upon the estimates furnished by the utilities. That this conduct warrants and demands the removal of the members of this office of the entire commission.
Twenty-second. Petitioners charge upon information and belief that a very large portion of the construction and maintenance work done by the Georgia Power Company is performed by affiliated companies,that is,companies whose stock is owned by the Commonwealth and Southern,which also owns the Georgia Power Company. Petitioners charge that excessive prices have been paid to affiliated companies ror such work of construction and maintenance,all to the detriment or the public.

392

JouRNAL oF THE SENATE,

WHEREFORE, the foregoing considered, your petitioners respectfully pray that your Excellency, in the exercise of your executive authority, remove instanta each and every member or the Public Service Commission or Georgia, and replace them with men who will honorably and faithfully discharge the duties or this body.

Respectfully submitted,

GEORGIA FEDERATION OF LABOR

By

J.G. Savage (signed) GENERAL COUN3EL

GEORGIA, FULTON COUNTY.

I, J. Sid Tiller, being first duly sworn, on oath

depose and say that I am President or the Georgia

Federation or Labor, and authorized by it to make

this affidavit. I have carefully read the tore-

going petition and I solemnly swear that the state-

ments contained therein, so tar as they come within

my own knowledge the knowledge or

are true others,

i

and where derived from verily believe them to

be true.

J. Sid Tiller (signed)

SWorn to and subscribed Before me. This 6th day or June, 1933.

Jas. A Miller (signed) Notary Public Fulton County, Ga.

EXHIBIT "B"

The foregoing petition read and considered. The

members or the Georgia Public Service Commission~

namely, James A. McDonald, Albert

Perry, Perry T. J. Woodruff and

KJunlieghwt,.

Walter H. Felton are

THURSDAY, jANUARY 24, 1935.

393

hereby directed to appear before me at 11 o'clock{

A.M. any

t

on t hey

he ca

26 day n, why t

or J hey

ushnoeu, ld193no3~1

and show cause, r be dismissed from

the Georgia Public Service Commission.

Said Commissioners are ordered to produce at said hearing,an itemized inventory and appraisal or all properties or public utilities in Georgia, which are considered by said Commission for rate making pur'J)oses.

Said Commissioners are further ordered to produce at said hearing,a schedule or rates for each type of service for gas, power and telephones,beginning January 1, 1918, and continuing through to the present time.

Said Commissioners are also ordered to produce and have at said hearing records showing additions to various utility properties in this State, and on file with said Commission, together with information concerning the management and ownership or companies furnishir~ material and services in building or such additions.

It is further ordered that a copy or this petition and order be served upon the Chairman or the Public Service Commission.

WITNESSETH, the hand and seal or the Governor or Georgia.

This 6th day of June, 1933.

EUGENE TALMADGE (signed) SEAL
GOVERNOR

EXHIBIT "D"

A petition was filed with me on the sixth day or June, praying for a suspension or the members or the Public Service Commission on various grounds,consisting or domination by the Public utility interest,neglect or duty,publishing false propaganda a-

394

Jol:IRNAL OF THE SENATE,

bout rate hearings,and increasing rates at a time when everything else was declining.
I issued a rule nisi and called on the members of tpe Public Service Comrrdssion to show cause why the prayers of this petition should not be granted.
The hearing began on the 26th day of June and terminated on Monday, July 17th.
This hearingdeveloped that sometime in the fall of 1931 an order was passed by three members of the Public Service Commission providing that members of the Public Service Commission and employees of the Public Service Commission ride on railroad passes. An order was also passed providing that members of the Public Service Commission issued identification cards to themselves and employees of the Public Service Commission allowing them to ride on busses.
The evidence developed.that all of the members of the Public Service Commission were guilty of riding on bus and railroad passes,with the exception of James A. Perry. Mr. Perry stated that he made one trip to Columbus on a bus and did not pay them but did not produce his pass or identification card.
The evidence as to newspaper statements issued by the Chairman of the Board and concurred in by members of the Board extoll the large amounts they had saved the public on rates showed that they were incorrect.
Evidence also developed showed that on December 28,1930, the Public Service Commission of Georgia adopted the emergency increase of railroad rates without a single exception.
The evidence also showed that Georgia enjoyed a peculiar distinction in this respect, as most of the Public Service Commissions in other States made long lists of exceptions.
The evidence also showed that the members of the

THURSDAY, JANUARY 24, 1935.

395

Commission issued statements that they could not have done otherwise than to adopt the emergency rates in their entirety. This unanimous statement by the five members of the Public Service Commllision demonstrated beyond doubt their incompetence and total ignorance of the law in approving or disapproving freight rates.
The evidence showed that telephone rates had been greatly increased in this state from their pre-war levels,and that no effort had been made by the Public Service Commission to lower them.
The evidence also demonstrated that issuance of stocks and bonds was granted by all members of the Public Service Commission to some of the public utilities without proper consideration by the Public Service Commission.
The evidence also demonstrated that the light and power rates of all the power companies in Georgia were too high.
The evidence also demonstrated a high valuation of all of the property of the public utilities for rate making purposes. This was especially noticeable when the returns of the public utility property for taxation were observed.
The evidenc~ algo developed that the members of the Public Service Commission had exercised no diligencein procuring intelligent valuation and keeping progressive valuation on the public utilities over which they had supervision.
The evidence also showed that Chairman James A. Perry alternated with the Georgia Power Company in using a young lady from the Georgia Power Company as secretary. To clarify the above statement, Mr. Perry hired a young lady as Secretary who was then employed by the Georgia Power Company. This young lady worked for the Public Service Commission for a few months and would then go back to the Power Company,then be recalled to the Public Service Com-

396

JouRNAL OF THE SENATE,

mission where she has worked until this date.

The evidence also demonstrated that Mr. A.J. Woodruff wrote letters to bus companies suggesting the employment of his son, William Woodruff, as a lawyer by the bus companies over which the Public Service Commission has supervision and control.

andThWe aelvtiedrencc.eMaclDsoonadldemhoandstrreaqteudestthedatthAe.Ji.ssWuaonodcreuff
of passes to individuals by bus companies over which the Public Service Commission has supervision and control.

JuTlehewe. vFideelntocne

demonstrated and and Perry Knight

it was admitted by that they rode on

and used passes on the railroads and identification

cards on busses.

The only protection that the public has in rates and services from Public Utility Companies must be through the Public Service Commissioners of Georgia.
'
The Public Service Commdssioners do not act solely in the capacity of Judges but they are agents of the public to see to it that the strong do not encroach upon the weak.

They are also agents of the public to see that monopolies consummated in this State do not oppress the people.

Moses in delivering a charge to the sub-judges of Israel, beginning in the 18th Chapter of Exodus and continuing through several chapters made the following statements; Thou shalt not wrest judgment; thou shalt not respect persons;_neither take a gift,for a gift doth blind the eyes of the wise and pervert the words of the righteous.

Whenever these fundamental principles of law are violated injustice is done.

For the above reasons and considering all of the

THURSDAY, JANUARY 24, 1935.

397

evidence developed in the hearing,! am of the opinion that all of the members of the Public Service Commission of Georgia should be suspended until the regular meeting of the General Assembly of Georgia.
James A. Perry of Lawrenceville is suspended from the Public Service C.omm1ss1on and his place is filled by Jud P. Wilhoit of Warrenton.
Walter c. McDonald of Augusta, is suspended from
the Public Service Cornrrdssion and his place is filled by J.B. Daniel of LaGrange.
Perry Knight of Valdosta is suspended from the Public Service Commission and his place is filled by Tom Davis of Meigs, Ga.
Albert J. Woodruff of Winder is suspended from the Public Service Comm1ss1on,and his place is filled by George L. Goode of Carnesville, Ga.
Jule w. Felton of Montezuma, Georgia, is suspend-
ed from the Public Service Commission and his place is filled by Ben T. Hulett, of Atlanta, Georgia.
EUGENE TALMADGE Governor
July 21, 1933
BY. THE GOVERNOR:
T.M. Linder Secretary Executive Department.
EXHIBIT E11 11 In 1928 the average residential consumer of the Georgia Power Company consumed 474 KWH. Distributing these KWH throughout the year by months on the basis used by the Georgia Power Company as representative of the use we find that the rates fixed by the old Commission in 1933 as compared with the

398

jOURNAL OF THE ::,ENATE,

rates fixed by the Commission appointed by me in 1933 as follows:

1929 to 1933 Rate 1933 Rate 6-1-1933 Fixed by Fixed by
Rate Old Com. Com. Appointed by Me.

January 43

February 48

March 45

April 41

May

36

June 34

July 25

August 31

Sept. 35

Oct. 42

Nov. 46

Dec. 48

474-

KWH $3.15

"n
n n

3.40 3.25 3.05 2.80

""It
n

2.70 2.25 2.55 2.75

It

3.10

It

3.30

It

3!40

$35.70

$3.08 3.31 3.18 2.99 2.77 2.68 2.20 2.55 2.72 3.04 3.22 3!31 $35.05

$2.53 2.78 2.63 2.43 2.18 2.08 1.63 1.93 2.13 2.48 2.68 2!79
$28.26

The actual sav1ng,thererore,under the 1933 rate
dfiexnetdalbycutshtoemoelrdwCasomomnlisysio6n5etopetrheyeaavre, orargelesres stth-an
2%.

The actual saving under the rate fixed by the new Comm1ssion in 1933 was $7.44, or more than 21%.

or courseLsome or the residential customers used more than 4t4 KWH per year. In previous rate reduction most or the benefits have been derived by the larger consumers,while in the rate reduction audit by the new Commission the smaller consumers were given the greater benefits in order to more nearly even the situation up. The consumer who used less than 474 KWH per year would receive a reduction greater than 21%, while those who used more KWH would proportionally receive a less percentage reduction,but a greater reduction in dollars and cents per bill.

THURSDAY, JANUARY 24, 1935.

399

EXHIBIT "F"

Docket No. 181 825
18,212.
March 30, 1934.

IN RE: General Revision of class and commodity rates between points within the State of Georgia.

BY THE COMMISSION:

The Georgia Public Service Commlssion,on its own initiative,issued its ~Ale nisi on August 17, 1933, which rule was amended September 27,1933. Under the rule nisi as amended,all carriers were called upon to show cause why freight class and commodity rates between points within the State of Georgia should not be reduced.

Hearing on the rule was continued by proper orders until January 8, 1934, on which date all inte~ ested carriers filed appearances and the general investigation was begun. This hearing and investigation was full and complete; it was conducted from day to day. After the completion of the carriers' testimony on general freight class rates, the investigation on commodity rates proceeded.

After the carriers had concluded their testimony, the hearing was adjourned until March 5 1934, at which time witnesses who testified for the carriers were called and cross-examined.

The shippers and the public were duly notified and attended said hearing and took a part thereinby and through their duly authorized representatives.

Much historical and statistical date was placedon the record concerning the general operations of all the carriers involved.

The entire investigation,both as to class and co~ mod1ty rates, has been concluded and the record closed.

400

JouRNAL oF THE SENATE,

The Commission now has before it for consideration said entire record,and,after full and complete consideration of the same,now proceeds to make its findings and issue an order as relates to cotton.
The present maximum rates prescribed by this Commission for the transportation of cotton between points within the State of Georgia became effective November 15, 1923 (docket No. 15,416). It is common knowledge that at the time docket 15,416 went into effect the farmers were receiving around 30 cents per pound for their cotton.
On September 6, 1932, the Georgia Public Service Commission! in docket No. 18,212i issued an order, upon petit on of the carriers,re ating to the rates on cotton. The findings of the Commission,in its opinion,recited among other things,as follows:
"At the time the present rates were prescribed (November, 1923) by the Commission motor truck transportation was unknown." "The transportation of cotton by motor truck has been increasing in volume each year during the past five years and has made great inroads into the rail carriers' revenues. This is indicated by the witnesses for the Atlantic Coast Line who testified that five years ago the average revenue received by the Atlantic Coast Line each year on its cotton traffic was from $1,250,000.00 to $1,500,000.00, but the revenue on this traffic has been decreasing each year and for the season ending July 31, 1932, the total revenue by the Atlantic Coast Line on its cotton traffic was only $73,000.00. Similar testimony was presented by the witnesses for the Central-of Georgia Railroad and other rail carriers. The record shows that during the past three years the rail carriers have attempted to hold the cotton movement to their lines by publishing competitive rates from point to point as ap-

THURSDAY, JANUARY 24, 1935.

401

proved by the Commission,but these so-called competitive rates have only controlled the movement to the rail lines to a very limited extent and it is plain that it is !or this reason the carriers are proposing the very drastic reduction in this case." "It is the observation o! the Commission that the great preponderance o! the cotton now moving by motor truck creating the competition which the carriers here seek to meet, is being hauled by motor trucks that do not come under jurisdiction o! this Commission Many cotton dealers have purchased motor trucks and are performing their own transportation service." In the order o! the Commission o! September 6, 1932,the carriers were "authorized to publish truck competitive rates on cotton to expire July 31, 1933, unless sooner cancelled, changed or extended." Since the issuance or the above order these truck competitive rates have been,and now are,in et!ect1n Georgia and during the years 1932, 1933 and thus far in 1934,have been the going rates and the measure or compensation received by the carriers !or the movement of cotton intrastate in Georgia. The record 1n the present investigation repeatedly discloses that this rate is,in the opinion or the carriers,compensatory and affords the only means by which the carriers have been enabled to regain and hold a material portion o! this class or traffic. Georgia is primarily and essentially an agricultural State and the ability of the people or Georgia to purchase transportation is based on the value o! the farmers' dollar. It is common knowledge that the value of cotton on todayts market is about 12 cents per pound; it requiring 2i pounds of cotton at todayts market price to return the farmer the same number of dollars that he received for 1 pound

402

JouRNAL OF THE SENATE,

of cotton at the time the present maximum rates were put into effect in 1923.

The Interstate case,reported in

C17o8mmIe.rcce.Cco.m, maitsspioang,ein5a63r,ecsaenidt:

"The relation of the general level of freight rates to the general level of commodity prices is a factor which cannot be disregarded,partlcularly in a time or general financial prostration. Stated in another way,it means consideration or what the traffic can reasonably be made to bear."

It then quoted from the Supreme Court in the Ann Arbor Railroad Company case vs. United States:

''The causes or suffering are not only the great shrinkage in volume or business done but in the violent fall in the prices received for the products,a fall which has not been experienced by the carriers in the prices which they receive for their service. The fall in the price level in the case or agriculture has been of extraordinary severity so that many branches of that industry are in a state or unprecedented collapse and prostration High rates do not necessarily mean high revenue,however,1f the public cannot or wlll not ship in normal volumedless revenue may result than from lower rates.

The words or the court are conclusively proven in

the history of cotton rates in Georgia for,as stat-

ed above,according to the testimony of Atlantic

Coast Line Railroad Company witnesses, their reve-

nues decreased from $1,250,000.00, or

annually prescribe

to d

i

n$71391 02030,w.0h0icahnanruea

lly st

under ill the

$th1e1

500,000.00 .high rates

maximum

rates prescribed by this Commission and now in

effect,and the rail carriers,recognizing that

greater revenue would be derived from lower rates,

requesting the Commission to permit them to put

into effect truck competitive rates which still pre-

THURSDAY, jANUARY 24, Hl35.

403

vail in Georgia.

It is common knowledge that the rates fixed in

1923 by the Commission were largely determined by

the Water competition existing at that time. When

water competition was present on the navigable

streams or Georgia,rates were made to key points

where competition existed.



However,the march or progress and the desire for speedier forms or transportation have practically eliminated river boats and barges,and today we find the carrier raced with a competition that moves on our system or highways,namely,trucks.

Truck competition is present and is known to be a stable,permanent rorm of transportation that the railroads must recognize,and it is the opinion of this Commission that rates or a permanent nature must be prescribed that will lend stability to the rail rate structure such as will move the traffic so that the tonnage may be brought back to the railroads in order that they may escape the present threat or financial ruin. The public is also interested to the extent that contracts of the various industries may be made with regard to the permanency or the rates under which commodities must move.

It is a maxim of business competition that the price charged is controlling. The carriers have literally honeycombed the continental area of the United States with truck competitive tariffs. We tully realize the need of importance of adequate railway racilities,however,the increasing number or truck competitive tar1ffs,in view or the decline in railway traffic lost to motor carriers,demand that we point out the fact that the shipping public cannot be expected to wait an indefinite period or uncertain experimentation. The competition with motor trucks,which the carriers themselves admit had practically destroyed their traffic in cotton until these truck competitive rates were put into effect by them,is permanent. The going rates for cottonln this State are the truck competitive rates which the

JouRNAL oF THE SENATE,
carriers established by authorization of this Commission on September 6, 1932, and which have been in effect since that date,and it is the opinion of this Commission that we should,by proper order, make this the maximum reasonable rate for the movement of cotton intrastate between points within this State,and thereby lend stability .and permanency to the rate which the railroads must use if they expect to move this commodity.
We are convinced that the carriers' attitude with respect to the rates on cotton indicate that the experiment with this truck competitive rate has been successful and has warranted a continuance of this rate. It is undoubted that their revenues from this haul has materially increased since the carriers found it necessary to petition the Commission for the order permitting the rates.
We find,upon consideration of the record in this case,that the present schedule of rates on cotton applicable on Georgia intrastate traffic on this commodity,which were established and became effective November 15, 1923, are grossly unjust, unreasonable,excessive and exorbitant and should be reduced.
We further find that the schedule of rates which were fixed voluntarily by the carriers and authorized by this Commission as truck competitive rates on September 6, 1932, are just and reasonable rates for application on the movement of cotton intrastate between points within this State and are just and reasonable maximum rates which are commensurate with the value of the service rendered by the carriers and which are just and reasonable to the carriers.
An order for the future will be entered in accordance with the above findings.
J.P. Wilhoit Chairman.

THURSDAY, jANUARY 24, 1935.

405

Docket No. 18,825, 18,212.

IN RE: General Revision of class and commodity rates between points within the State of Georgia, Rule Nisi before Georgia Public Service Commission.

After consideration of the record in the above stated case,and in accordance with the opinion and findings of this Comm1ssion,it is,

ORDERED: That effective on and after May 1, 1934, and until further order of this Commission, the rates shown in Appendix "A11 , attached hereto and made a part of this order,shall be the maximum rates to be charged for the transportation of Cotton as described in Appendix "A" by all rail carriers operating in the State of Georgia,ror single and joint line application.

ORDERED FURTHER: That the joint'rates prescribed in the foregoing order shall be divided on the same basis and under the same condition as prescribed in the Commission's order dated December 7, 1927, effective January 15, 1928, Docket 16,415.

Subject to further order of the Commission.

BY ORDER OF GEORGIA PUBLIC SERVICE COtftiTSSION.

J.H. Forrester Secretary.

J.P. Wilhoit Chairman

406

JouRNAL oF THE SENATE,

APPEND IX A II II

Rates on cotton, Joint and Single Line

(Rates in cents per 100 pounds)

Distances

5 Miles

10 II

15 It

20 II

25

II

Descriptions - 7 A - 1B9
7 19 7 19 7 19 7 19

30 II

35 It

40 II

45

II

50 II

7 19 7 19 8 20 9 21 10 22

55 II 60 II 65 II 70 II 75 It

10 22 11 23 12 24 13 25 14 26

Distances 190 Miles 200 II 210 II 220 It Z30 It

Descriptions

A

B

2133

22 34

23 35

24 36

25 37

240 II 250 II 260 II 270 II 280 II

26 38 27 39 27 39 29 41 30 42

290 It 300 II 310 It 320 It 325 II

31 43 32 44 33 45 34 46

80 It
85 It
90 II 95 II
100 "
105 II 110 II 115 11 120 11 130 II

14 26 15 27 16 28 17 29 17 29 17 29 17 29 17 29 17 ::9 18 30

330 "
340 II 350 II 360 It 370 II 380 II 390 II 400 II 410 II 420 II

35 47 36 48 37 49 38 50 40 52
42 54 43 55 44 56 45 57 47 59

140 II 150 It 160 II 170 II 180 II

18 30 19 31 19 31 20 32 20 32

THURSDAY, jANUARY 24, 1935.

407

DEFINITION OF SCALES Description A - Cotton(other than absorbent,carded
or dyed)in bales uncompressed, any quantity,to go through to destination uncompressed. Except as provided in Note 1 below,rates apply tor direct shipment on through bills of lading from origin to destination. Cotton(other than absorbent, carded or dyed),delivered to carrier in compressed bales,any quantity. Except as provided in Note 1 below, rates apply for direct shipment on through bills of lading from origin to destinati.on. Description B - Cotton(other than absorbent,carded or dyed),in bales uncompressed,any quantity,with privilege of compression In transit in accordance with transit tariffs lawfully on file with the Commission. Rates include an allowance of 12 cents per 100 -pounds for compression when the privilege of Compression is exercised. Except as provided in Note 1 below,rates apply tor direct shipment on through bills or lading from origin to destination. NOTE 1 - Rates will also apply on cotton accorded transit privileges under tariffs lawfully on file with the Commission. NOTE 2 - An additional charge or 5 cents per bale may be assessed to cover expense or unloading whenever carrier unloads or pays for unloading except at 1ts freight depot at destination.

408

JouRNAL oF THE SENATE,

EXHIBIT "G11

Docket No. 18,825, 19,131.

April 5, 1934.

IN RE: General revision of class and commodity rates between points within the State of Georgia.

BY THE COMMJSSION:

The Georgia Public Service Commission,on its own initiative,issued its rule nisi on August 17, 1933, which rule was amended September 27, 1933. Under the rule nisi as amended,all carriers were called upon to show cause why freight class and commodity rates between points within the State of Georgia should not be reduced.

Hearing on the rule was continued by proper orders until January 8, 1934, on which date all interested carriers filed appearances and the general investigation was begun. This hearing and investigation was full and complete; it was conducted from day to day. After the completion of the carriers testimony on general freight class rates, the investigation on commodity rates proceeded.

After the carriers had concluded their testimony, the hearing was adjourned until March 5, 1934, at which time witnesses who.testified for the carriers were called and cross-examined.

The shippers and the public were duly notified and attended said hearings and took a part therein by and through their duly authorized representatives.

Much historical and statistical data was placed in the record concerning the general operations of all the carriers involved.

The entire invest1gation,both as to class and

THURSDAY, JANUARY 24, 1935.

409

commodity rates,has been concluded and the record closed.
The Co~ssion now has before it for consideration said entire record,and,after full and complete consideration of the same,now proceeds to make its findings and issue an order as relates to cottonseed.
The present maximum rates prescribed by this Commission for the transportation of cottonseed between points within the State of Georgia have been in effect since March 15, 1924. They were prescribed by the Commission on August 30, 1923, in Docket 15,416. The rates so prescribed,and which have been in effect since that date,consisted of separate mileage scales for single line hauls and jointline hauls.
The chronological statement of rates on cottonseed,C.L.,effective on Georgia Intrastate traffic since May 1,1880, and as subsequently changed,is shown on the carriers' exhibit 466.
The record disclosed that the average rail haulof cottonseed in the Southeast is about 75 miles. This comparatively short haul results from the fact that crude oil mills are generally located in the cottonseed producing areas. Not more than 25 per cent.of the cottonseed movement in the Southeast in interstate.
In view of the fact that this average haul is only 75 miles,it necessarily develops that most of the traffic is therefore moving under single line hauls~ and that a most minute proportion is susceptible to the joint line rate. Because of the lack of traffic movement on this commodity over joint line hauls any joint line differential would have very little effect,,1f any,upon the revenue of the rail carrier. At the .same time, the class rates 1 to 12 under Docket 13,494,and as promulgated by this Commission in its class rate order of March 23, 1934 makes no differentiation between single line hauls and joiqt

410

JouRNAL OF THE SENATE,

line hauls. This same statement is true with respect to a vast number of commodity rates 1n effect throughout the South,for both interstate and intrastate application. It is also true that the paramount reason for the differential for joint line hauls over single line hauls has been the alleged extra or added costs involved in intermediate interchange,and/or yard switching. The carriers have not proved that it is any more expensive to switch traffic divisionally than to switch the same traffic from its line to its connections. In view of the fact that the differeRtial in favor of the joint line haul is frequently ignored in a vast number of cases,there does not appear any particular reason why it should be maintained as to this commodity. We,therefore,are of the opinion that a just and reasonable schedule of rates for application in 1 the movement of this commodity should apply both for single and joint line hauls,and without differential.
The record also disclosed that prices paid for cottonseed fluctuate from year to year.
Without doubt,the comparatively short haul of the cottonseed movement is one reason why a large portion of the traffic in this commodity is by motor trucks.
Loss and damage claims in connection with the shipment of cottonseed are negligible although this commodity is moved in box cars mostly for the reason that,as a practical matter,it must be kept dry.
The carriers' exhibit 492,as well as other portions of the record in this case clearly show that there 1s no uniformity among the present scales effective in interstate traffic in the Southeastern Territory. The rates now in effect for interstate application in Southeastern Territory and given general application by the carriers,are entirely without uniformity and some are very materially higher than others. As an illustration of this fact,1t was

THURSDAY, JANUARY 24, 1935..

411

testified by the carriers' witness,Mr. Pope,that a shipment of seed from Orangeburg,South Carolina,to Augusta,Georgia,a distance of 87 miles,carried a rate of 7.9 per 100 pounds. This rate is 5.6 less than the single line intrastate rate in Georgia for the corresponding distance and constitutes a clear discrimination in favor of the South Carolina Shipper against the Georgia shipper,equidistant from Augusta. It was also shown that the scale or rates applicable on interstate traffic between many points would give generally the same result. This is only one illustration, which might be multiplied very generally,as indicative of the fact that intrastate rates in Georgia should be revised,and is further conclusive or the tact that the present level or rates on this commodity is unreasonably high and excessive.
The witness above mentioned.referred to the present rates in Georgia as "normal rates" and further testified that a very small percentage of cottonseed was being moved at these rates. These two statements conflict,for a normal rate is such a rate as w1ll,under existing conditions, move the traffic and at the same t !me be a just and reasonable rate. For distances up to 75 miles,a major portion or the volume or the traffic in this commodity is moving other than by rail carriers. A large portion or this traffic is moving by trucks.
The Commission has heretofore,in its opinion in the class rate case,dealt at length upon this competitive situation and what was there said is forcefully borne out by the admitted situation as it relates to the movement or cottonseed. We here reaffirm what we have said in previous opinions on this subject without restating it.
The Interstate Commerce Comm1ss1on,1n the Highland Park Manufacturing Company case,when discussing a number of the interstate scales,said:
"The scale applicable interstate between North Carolina and South Carolina is also lower than

412

JouRNAL oF THE SENATE,

any intrastate scale in the Southeastern Territory excepting those in North Carolina and South Carolina and is lower than the GeorgiaAlabama interstate scale and the Georgia~orth Carolina-south Carolina interstate scale. The South Carolina State scale is applied interstate from and to Charleston with Augusta and Savannah." (see Carriers' Exhibit 478,page 3). The record discloses that the present intrastate scales on this commodity in effect in the adjoining States are generally much lower than the present rates in effect intrastate in Georgia. Reference. is made to carriers' exhibit 481 for the North Carolina scales; exhibit 483 for the Florida scales; exhibit 484 for the Alabama scales and to various other exhibits for the scales and minima carload weights now in effect in intrastate State traffic in the various States in Southeastern Territory. We have made a tabulation on which we- have shown the various single line and joint line scales applied in Georgia as compared with adjoining States. For the purpose of further comparison of these rates,we have taken the sum of the single and joint line scales now being applied in the States shown, and divided this sum by two for the purpose of arriving at an average. For convenience,we have on the tabulation designated this as a "merged scale". This tabulation is attached hereto as Appendix 1. This appendix shows that the Georgia scales applied on intrastate traffic both as to single line and joint line hauls on cottonseed are unreasonably high and should be reduced. This Commission cannot lose sight of the fact that,while it is true that cottonseed and its byproducts have,within the past twenty years,found an increased market and that,while during this time the percentage of consumption has increased,in spite of these facts,the cottonseed produced and hauled in Georgia is worth no more than cottonseed produced in adjoining States,within which States the

THURSDAY, JANUARY 24, 1935.

413

aforementioned appendix shows lower rates than now prevalent in Georgia. The record in this case is void of any evidence which would justify a higher rate for intrastate movement between points in Georgia on this commodity than existing elsewhere in the Southeastern Territory. Georgia is primarily .an agricultural State and from the standpoi~t of volume of traffic in this commodity,as well as from the standpoint of Georgia transportation condition~ including the terrain,the rate should be as low,or lower,than for similar hauls within any of the other Southeastern States.
We find,after due hearing and careful consideration of the entire record in this case,that the present schedule of maximim rates on cottonseed, carload,application on Georgia intrastate traffic, are grossly unjust,unreasonable,excessive and exorbitant,and should be reduced.
We further find that the schedules of rates prescribed as just and reasonable shall be applicable for either or both,single and/or joint line hauls..
An order for the future will be entered in accordance with the above finding.
J.P. Wilhoit Chairman.

APPENDIX l.

SCFTOLAMOTRPEAIMDREEADN. TWASIHTLHOSOWAINSLTGAABTRE~Arl~Tli<E~.NSSTSONSIHSOCSOWITINTPOGPNITSlE1i._lEliDNA6cRVTE.LHRA.GCEIANRSOIGNLEGIOL~R.tLtG.; IAA8N6DUsT.LHJO.CINAATNRDOLLJIINN.ALE .

AS AND OR

~
~

MERGED SCALE FOR GEORGIA, ALA.BAMA.,MISSISSIPPI AND NORTH CAROLINA.

Miles Georgia Georgia Georgia Alabama Alabama Alabama Miss.

S.L.Scale J.L.Scale Merged S.L.Scale J.L.Scale Merged S.L.Scale

Scale
I

scale

._

5

5.5

9.5

7.5

.5

5

5

10

6.5

9.5

8

5

7

6

15

7

10

8.5

6

8

7

20

8

11

9.5

6

8

7

25

9

12

10.5

7

9

8

5

0c::

5 5.5

~
~
t"'

6

0

6

l"lj

~

30 10

13

11.5

7

9

8

35 10.5

13.5

12

8

10

9

40 ll

14

12.5

8

10

9

45 11.5

14.5

13

9

11

10

50 11.5

14.5

13

9

ll

10

6.5 6.5

l:'l
en
l:'l

7.5 7.5 8

~
J'1

55 12

15

13.5

9.5

11.5

10.5

8.5

60 12

15

13.5

9.5

11.5

10.5

8.5

65 12.5

15

14

10

12

11

9

70 12.5

15

14

10

12

11

9

75 13

15.5

14.5

10.5

12.5

11.5

9.5

80 13 85 13.5

15.5 16

14.5 15

10.5 11

12.5 13

11.5 12

9.5 10.5

Sheet 2. Appendix 1.

Miles Georgia Georgia Georgia Alabama Alabama Alabama IUss.

S.L~Scale J.L.Scale Merged S,L.Scale J.L.Scale Merged S.L.Scale

Scale

Scale

90

13.5

16

15

11

13

12

10.5

95

14

16.5 15.5

11.5

13.5 12.5

11

100 110

14 14.5

16.5 17

15.5 16

11.5 12

13.5 14

12.5 13

11 11.5

...,

120.
130 140 150 160 170

14.5 15 15 15.5 15.5 16

17 17.5 17.5 18 18 18

16 16.5 16.5 17 17 17

12.5 13 13.5 14 14.5 15

14.5
15 15.5 16 16 16.5

13.5 14 14.5 15 15.5 16

12.5
13 13.5 14 14 15

:c
c::
~
en
>0
.~_-<
> >c2:::
~

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180

16

190

16

200

16

18

17

18

17

18

17

15.5

17

16.5

15

16

17.5 17

16

16.5

18

17.5

16

1:\j
-~..,.
~

210

16.5

,18.5 17.5

17

18.5 18

17

?'

220

16.5

18.5 17.5

17.5

19

18.5

17

240

17

19

18

18.5

20

260

17.5

19.5 18.5

19.5

21

280

18

19.5 19

20.5

22

300

18

19.5 19

21.5

23

320

18.5

20

19.5

22.5

24

19.5

17.5

20.5

18

21.5

19

22.5

20

23.5

20

~

Sheet 3. Appendix 1. ~

m

Miles Georgia Georgia Georgia Alabama Alabama Alabama Miss.

S.L.Scale J.L.Scale Merged S.L.Scale J.L.Scale Merged S.L.Scale

Scale

Scale

340

18.5

20

19.5

23.5

25

24.5

21

360

18.5

20

19.5

24.5

25.5

25

22

380

19

400 19

20

19.5

25.5

26.5

26

23

20

19.5

26.5

27.5

27

24

._

420

19

20

19.5

27

28

27.5



0c::

440

19.5

460 19.5

20.5

20

20.5

20

27.5 28

28.5 29

28 28.5



lz" >
t"' 0

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tz'l ~ J'1

Sheet 4. APPENDIX 1.

Miles Miss. Miss. No.c. No.c. No.c. so.Caro- Florida

J.L.Scale Merged s.L.Scale J.L.scale Merged lina s.L.Scale

Scale

Scale S.L.Scale

5

7

6

4.5

6.25

5.5

2.85

5.65

10 7

6

5.1

6.85

6

3.4

6.2

15 7.5

6.5

5.65

7.4

6.5

3.95

6.75

20

8

25

8

7

5.65

7.4

6.5

4.5

6.75

7

6.3

7.95

7

4.5

7.35

~

d

30

8.5

35

8.5

40

9.5

45

9.5

50 10

7.5

6.3

7.95

7

5.1

7.9

7.5

6.75

8.5

7.5

5.1

8.45

8.5

6.75

8.5

7.5

5.65

8.45

8.5

7.35

9.1

8

6.2

9.6

9

7.35

9.1

8

6.2

9.6

:r0n0
~
.:< ~z
~

1><1

55 10.5

9.5

7.35

9.1

8

7.35

9.6

60 10.5

9.5

7.9

9.65

8.5

7.35 10.15

65 11

10

7.9

9.65

8.5

7.35 10.7

70 11

10

7.9

9.65

8.5

7.35 10.7

75 11.5

10.5

7.9

9.65

8.5

7.9

11.25

><
-.-..~.
ffi
P'

80 11.5

10.5

7.9

9.65

8.5

7.9

11.85

85 12.5

11.5

8.45 10.2

9.5

7.9

11.85

90 12.5

11.5

8.45 10.2

9.5

7.9

12.4

95 13 100 13

12 12

9 9

10.75 10 10.75 10

8.45 8.45

12.95 12.95

e

--J

Sheet 5. Appendix 1. tl=>o

1-1

Miles Miss.

Miss. No.c.

No.c.

No.c. So.Caro- Florida

0>

J.L.Sca1e Merged S.L.Scale J.L.Scale Merged lina s.L.Scale

Scale

Scale s.L.scale

110 13 120 14 130 14.5 140 15 150 15.5

160 15.5. 170 16.5 180 16.5 190 17.5 200 17.5

210 i 18

220 18

240 18.5

260 19

280

20

12 13 13.5 14 14.5 14.5 15.5 15.5 16.5 16.5 17.5 17.5 18 18.5 19.5

9 9 9.6 9.6 10.15 10.15 10.15 10.15 10.7 10.7 10.7 10.7 11.25 11.85 11.85

10.75 10.75 11.35 11.35 11.9 11.9 11.9 11.9 12.45 12.45 12.45 12.45 13 13.6 13.6

J.O

9

13.5

10

9

13.5

10.5 10.5

9.6 10.15

14.5 14.65

._

11

10.15

14.65

0c:

11

10.27 15.2

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11 11

10.7 11.25

15.75 15.75

1:"'
.0.,

11.5 11.85

15.75

;l

11.5 11.85

15.75

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11.5 12.4

15.75

1z'1

11.5

12.95

15.75

~

12

13.5

15.75

.,.1'1

12.5 14,1

16.35

12.5 14.65 16.35

300 21

320 21

340

22

360

23

380

24

20.5

12.4 14.15

13.5 15.75 16.35

20.5 21.5 22.5 23.5

12.95 12.95 13.5 13.5

14.7 14.7 15.25 15.25

14 14 14.5 14.5

1-----6---.-3---5--

16.35 16.9 16.9 16.9

Sheet 6. Appendix 1.

Miles Miss. Miss. No.c. No.c. J.L.Scale Merged S.L.Scale J.L.Scale

No.c. so.Caro- Florida Merged lina S.L.Scale

scale

Scale s.L.Scale

400 420 440 460

2------5

2------4---.5---

14.1 14.65 14.65 15.2

15.85 16.4 16.4 16.95

15 15.5 15.5 16

----------------

17.45 18 18 19.2

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420

jOURNAL OF THE SENATE,

Docket 18,825, 19,131.

April 6, 1934.

IN RE: General Revision of Class and Commodity Rates between points within the State of Georgia. Rule Nisi before the Georgia Public Service Commission.

After consideration of the record in the above stated case,and in accordance with the opinion and findings of this Commission,it is

ORDERED: That effective on and after May 10,1934, and until the further order of this Commission the rates shown in Appendix "A" hereto attached and made a part of this order shall be the maximum rates to be charged for the transportation of cotton seed,carload,as described in said Appendix, intrastate between points in the State of Georgia, by all rail carriers operating in the State of Georgia for single and joint line application.

ORDERED FURTHER: That the joint rates prescribed in the foregoing order shall be divided on the same basis and under the same condition as prescribed in the Commissionts order dated December 7th,l927, effective January 15th, 1928, Docket 16,415.

Subject to the further order of the Commission.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

THURSDAY, }ANUARY 24, 1935.

421.

Appendix "A"

MAXIMUM RATES TO BE CHARGED BY ALL RAIL CARRIERS OPERATING IN THE STATE OF GEORGIA FOR TRANSPORTATION OF COTTONSEED,CARLOAD, MINIMUM WEIGHT 30LOOO POUNDS FOR SING~ AND JOINT LINE APPLICATION.

Rates in cents per 100 pounds.

Miles

Rate Miles

Rate

5

5.5 160

ll

10

6

170

11

15

6.5 180

11

20

6.5 190

11.5

25

7

200

11.5

30

7

210

11.5

35

7.5 220

11.5

40

7.5

240

12

45

8

260

12.5

50

8

280

12.5

55 60

8

300

8.5

320

13.5 14

65

8.5 340

14

70

8.5 360

14.5

75

8.5 380

145

80

8.5 400

15

85

9.5 420

15.5

90 95

9.5

440

10

460

1~5

100

10

110

10

120

10

130

10.5

140

10.5

150

11

422

JouRNAL OF THE SENATE,

EXHIBIT "H"

DOCKET No. 374-A

IN RE: General Revision or Class and Commodity Rates Between Points in Georgia.

BY THE C0Ml1[SSION:

A rule nisi was issued by the Georgia Public Ser-

vice rail

Commission on carriers oper

aMtianyg15un1 d1e9r3i4t,sd

irected jurisdic

to tio

a n

ll to

show cause on May 28, 1934, why freight class and

commodity rates between points within the State ot

Georgia should not be reduced. The rule was amend-

ed on May 26, 1934. Hearing under the rule nisi

was postponed until June 11, 1934, on which date on

motion ot counsel tor the carriers the hearing was

recessed until June 25, 1934.

At this hearing, the carriers through their coun-

sel tendered the entire record and all exhibits in

docket No. 18825 before the Georgia Public Service

Commission,and the entire record make in docket No.

18825 was adm1tted in evidence tor consideration by

the Commission as applicable to all carriers. The

Commission then proceeded to hear further evidence

both oral and documentary as it related to the sub-

ject matter or the 1934. The hearing

investiga remained

tion, open

up until Ju and further

l

y e

v7i1-

dence was introduced and the investigation was

concluded and the record closed on July 19th,l934.

The Commission now has before it for consideration the entire record made in said investigation and now proceeds to make its findings and issue its order thereon as it relates to naval stores.

The rates on rosin and turpentine were fixed in 1885. Rosin,any quantity,was rated Class "K"; turpentine,any quantity,was rated Class "R". Slight changes in these rates were made from time to time until 1896 when the rates were fixed at substantial-

THURSDAY, JANUARY 24, 1935.

423

ly the same as the original 1885 rate. The rates were subjected to the general horizontal changes in all rates; increase of twenty-five (25%) per centL under General Order No. 28 effective June 25, 19lti; increase of twenty-five (25%) per cent, under ex parte 74, effective on Georgia intrastate traffic
odnucStieopntemunbdeer r1I, .c19.c2.0;DaoncdketteNn o.(101%32) 9p3e, recffeenctt,ivree-
July 1, 1922. The general effect of the three orders just referred to was a net increase of approximately forty (40%) per cent, in these rates.

The present maximum rates applicable to these commodities have been in effect since April 1,1932. On March 1, 1932, the rates appear to have been re-
stored to approximately the Class "K'1 basis as of
September 1, 1920. The present rates which became effective on April 1, 1932, applicable to any quantity to Savannah and Brunswick,and in carloads to all other points were made on the basis or nineteen(l9%) per cent, of present first class scale of rates.

These two commodities move largely in South- . eastern Georgia,and in the direction of the ports of Brunswick and Savannah. A study of the record and eXhibits filed by the carriers in connection with this movement indicates that the movement of these commodities represents a substantial part or the carriers' freight haul in the section referred to,and when the traffic is held to the rail lines is a substantial source of their revenue.

18O82n5t,Mher.hMeaarrkingw.

before the Thomas of

Commission on docket No. the Central of -Georgia

Railway testified on behalf of the carriers on this

subject,and as illustrating the traffic in this

commodity the Central of Georgia Railway is used

!or illustrative and comparative purposes. It ap-

pears !rom Exhibit No. 285 tiled by Mr. Thomas as a

part of his testimony that in the year 1928 the

Central of Georgia Railway had a grand total car-

load traffic of rosin and turpentine of 44,866 tons

which produced a freight revenue or $76,260.00, and

424

JouRNAL or THE SENATE,

that in the year 1932 it had a total carload freight traffic ot these commodities ot 18,340 tons with a freight revenue ot $36,795.00,indicating that the haul.ot this commodity by the Central ot Georgia Railway had decreased over the period,both in volume and revenue,more than fifty (50%) per cent. The showing tor other carriers in the territory tor the same period shows practically the same experienceas that of the Central ot Georgia Railway; that is, a decline in volume ot traffic and revenue ot from fifty (50%) per cent, to sixty (600fo} per cent. The reason tor this loss of traffic and consequent loss ot revenue is,in the opinion ot the Commission largely attributable to the prevailing high rates under which the commodities are moving.
The Commission is ot the opinion that the rates on these commodities had practically driven the traffic from the rails by the year 1931 and that, but tor the truck competitive rates which have been permitted to be tiled by this Commission from time to time,the loss in volume and in revenue !rom this source would have been almost complete. This is borne out by excerpts from applications tor truck competitive rates which have been tiled trom time to time by the carriers with this Comndssion.
We quote here from three ot these applications: (Application ot the General Traffic Manager ot the American Short Line Railroad Association, tiled with the Commission on August 10, 1931, which appears to be the first application tor a truck competitive rate.)
11 0n account ot actual truck competition, authority is respectfully requested to publish rates on naval stores,any quantity,on one day's notice to the Commission, from 8wa1nsboro,Dellwood,Blundale and Greenway, Ga. to Savannah, Ga. to expire August 31, 1932, unless sooner cancelled, changed or extended,as follows:

THURSDAY, jANUARY 24, 1935.

425

Rosin - llit per 100 pounds Turpentine - 2ll per 100 pounds

"We are informed that with this slight reduction in rates,a portion of the traffic which we are not now moving may be regained, and it will also probably prevent other parties from diverting their naval stores tonnage to the trucks."

(Again in 1933, we quote from the Traffic I1anager of the Georgia & Florida Railroad on the subject of truck competitive rates.)

9t"Aont

present,a truck Rosin, and 10!

competitive rate of on Turpentine,from

Hazelhurst,Ga., to Brunswick,Ga., is in

effect via the Southern Railway direct,as

published in Agent Speidents Naval Stores

Tari!f,I.c.c. 1457, to expire December 31,

1933.

"Our shipping friends at Hazlehurst are offering us shipments to move via our line to Douglas,thence A.B.& c. Railroad,and the latter line has expressed to us their willingness in meeting the rate of the Southern Railway."

(As late as April 1934, we quote from Mr.F.L. Speiden, Agent, S.F.T.B.)

"There is a substantial movement or rosin and turpentine !rom Rochelle,Pitts and Queensland, Ga. to Savannah, Ga. and an investigation developed that the major portion of the traffic is now being handled by truck. The rail lines will be deprived or the entire movement unless truck competitive rates are immediately established. The proposed rates compare favorably with truck competitive rates !rom other Georgia points to Savannah,Ga. and it is,therefore, proposed to publish the rates shown in Ex-

426

JouRNAL OF THE SENATE,

hibit "A" subject to expiration date of December 31, 1934.
"In order that rail carriers may be in a position to move this traffic promptly when offered,it is the desire of your petitioner that he be permitted to publish rates proposed in Exhibit "A", subject to expiration date as provided herein,effective at the earliest possible date on one dayts notice." It can thus be seen from these quotations that over- a period of four years the carriers have been trying to regain and hold this traffic with truck competitive rates,and it is interesting to note the statement of Mr. Speiden to the effect that the carriers have made an investigation of the movement in rosin and turpentine in the area referred to and that this investi~ation developed the fact that the maJor ~ortlon of he traffic In April of this year was e ng handl~d by trucks and that the rail lines were in a position where they mig&t lose the entire movement in this commodity unless competitive rates were Immediately established. As indicated by recent expressions of Congress, rates should be established that will have the effect of moving commerce and it is manifest from the situation shown relative to these commodities that the maximum prescribed rates are not moving this commodity. The experiment of truck competitive rates has been going on since 1931 and the application of Mr. Speiden in April 1934 is indicative of the fact that the experiment has clearly proven that the maximum prescribed rates will not move this traffic. This being true,the Commission. feels that it is its duty under the statutes of . this State to arrive at a fair and just maximum reasonable rate to be prescribed for the movement of these commodities. It is unfair to the producers of these important commodities and unfair to the buyers at the ports,as well as to the carriers themselves, that the rates under which these commodities are moving,should remain in their

THURSDAY, JANUARY 24, 1935.

present unstable cond1t1on,and the Commission feels that it is to the interest of this large industry and the rail carriers that the rates be stabilized on a reasonable, fair and just basts.

Truck competitive rates are in most instances point to point which necessarily results in more or less discrimination. It is desirable that this discrimination be removed and the Commission has endeavored to do this in the prescribed Rdleage scale.

The Commission has given consideration to the situation as shown by the record and has come to the conclusion that the present maximum rates are excesstve,unreasonable and unjust and that a fair, reasonable and just maximum rate is to be found substantially lower than those now in effect. Attached hereto marked Appendix nAn is a schedule of rates which the Commission has found to be fair, just and reasonable to the shipper and the carrier for the movement of these commodities.

An order for the future will be entered in accordance with the above findings.

This, the 21st day of July 1934.

J.P. Wilhoit Chairman.

July 211 1934.

File - 19231 Docket No. 374-A

IN RE: Rule Nisi before Georgia Public Service Commtss1on,General Revision of rates on Naval Stores between points in Georgia.

After consideration of the record in the above

stated case,and in accordance with the opinion and

findings of this Co~sslon, 1t is,



428

JouRNAL OF THE SENATE,

ORDERED: That effective on and after August 20, 1934, and until the further order o! this Commission, the rates shown on Appendix "A" attached hereto and made a part ot this order shall be the maximum rates to be charged tor the transportation ot naval stores in either carload o! less carload quantities by all rail carriers in Georgia.

ORDERED FURTHER: That the joint rates prescribed in the foregoing order shall be divided on the same basis and under the same conditions as prescribed in the Commission's order dated December 7, 1927, effective January 15, 1928, Docket 16415.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

APPENDIX An

RATES ON NAVAL STORES ANY QUANTITY FOR SINGLE & JOINT LINE APPLICATION BETWEEN POINTS IN GEORGIA

Rates are in Cents per 100 pounds

MILES_
10 20 30 40 50 60 70 80
90
100 110 120 130 140 150 160

RATES

A

B

0

6I

5

7

5

7

5

7

5i

8

6

8i

6

8i

6

8i

6

8i

8

10i

8

10i

8

10i

10

12

11

12i

12

14

12l

16

MILES
170 180 190 200 210 200 230 240 250 260 270 280 290 300 300
340

RATES

__A_

_it

13

18

13

20

13!

21

13i

2li

14

22

14-i

22i

14!

23i

15

24

16

25

17-l

rei

19

:?B

21

30

22

33

22

34

23

35

23

36

THURSDAY, jANUARY 24, 1935.

429

MILES 360 380 400

RATES

A

B

24

37

25 38

26 39

M[J.ES
420
440
460

RATES,

A

..a..

27

40

27

41

27

43

COMMODITY DESCRIPTION: A - Crude wood oil,pine gum, pine pitch, pine ta:r; pine tar oil,pyroligneous liquor,rosin, rosin batting dross, rosin dross,rosin liq- uor,rosin oil and rosin sizing.

B - Pine oil spirits of turpentlne,and turpentine.

EXHIBIT "I"

DOCKE'r No. 374-A.

IN RE: General Revision of Class and Commodity Rates Between Points in Georgia.

BY THE COMMISSION:

A rule nisi was issued by the Georgia Public Service Commission on May 15, 1934, directed to all rail carriers operating under its jurisdiction to show cause on May 28, 1934 why freight class and commodity rates between po{nts within the State of Georgia should not be reduced. The rule was amended on May 26, 1934. Hearing under the rule nisi was postponed until June 11, 1934, on which date on motion of counsel for the carriers the hearing was recessed until June 25, 1934.

At this hearing,the carriers through their counsel tendered the entire record and all exhibits in docket #18825 before the Georgia Public Service Commission,and the entire record made in docket #18825 was admitted in evidence for consideration by the Commission as applicable to all carriers. The Com-

430

JoURNAL OF THE SENATE,

mission then proceeded to hear evidence both oral and documentary as it related to the subject matter of the investigation. When all the pertinent evidence was in the record was closed.

The Commission now has before it for consideratron the entire record made in said investigation and now proceeds to make its findings and issue its order thereon as it relates to class rates.

Briefly,the history of freight class rates appli-

cable within the State of Georgia is as follows:

The pre-\v.ar level which was in effect prior to June

25,1918,was by general order No.28 or the Director

General of Railroads increased 25 per cent,effective

on that date. This level of class rates continued

in effect until September 1,1920,at which time the

Georgia Public Service Commission authorized a gen-

eral increase of 25 per cent,on all class rates

within the State of Georgia. This order of the

oPrudbelricoSf etrhveiceI.cC.ocm.muisnsdioenr

was in conformity ex parte No. 74.

with an In this

coof ntnheectIi.ocn.,cth. eanCdomtomistshieonorpeinfeiorns

to Docket 26,000 rendered by Com-

missioner Aitchison of that body,c9ncurred in by

Commissioners Porter and Lee,on July 31,1933,which

gives effect to the two increases above referred to

in the following language:

But the depression of 1921 showed,although less clearly than the last four years,that a pyramided rate structure stifled traffic, that its maladjustments seriously impaired the buying power of the community,and by reflection more and mor.e curtailed the tonnage of the rail lines.

A general 10 per cent reduction was ordered by the Georgia Public Service Commission,effective July 1,1922. This reduction was ordered in conformity with a general reduction order of the Inter_ state Commerce Commission which had the effect of reducing the general level of class.rates in Sou~ thern territory approximately 10 per cent. Again

THURSDAY, }ANUARY 24, 1935.

431

referring to Docket 26,000, supra,it was said: "The increases in 1918 were the result of an overwhelming demand that the railroads be put in a self-sufficing position; the reductions in 1922 resulted from the demonstration that high ~!adjusted rates stifled business and injured shippers and carriers alike." {195 I.c.c. 75).
This rate remained in effect until January 15, 1928,at which time the scale of rates prescribed by the Interstate Commerce Commission in I.c.c.Docket 13,494, Southern class rate investigation became effective on Georgia intrastate traffic under an order of the Georgia Public Service Commission made in conformity with the order of the Interstate Commerce Commission. The general effect of this order in its application to class rates in the Southern territory was expressed in Docket 26,000,supra,in the following language:
"The Southern class rate investigation theoretically left the class rate level unchanged; in effect,it permitted the withdrawal of many lower rates and thus worked a real increase." The present basic rate level in the Southern territory is the one resulting from the general changes above described,modified by subsequent readjustments,revisions,exceptions and reclassifications. From a consideration of the evidence in this case before the Commission and based upon the.figures given by the carriers representing tha average revenue per ton mile,and which gives effect to the reductions that have been made to meet motor vehicle and water compet1tion,the average level in effect today in Southern territory{Carriers Exhibit 79, sheet 5) 1s approx~ately 40 per cent higher than the pre-war level. Of course,the revenues per ton mile cannot be accepted as accurately reflecting

432

JouRNAL OF THE SENATE,

freight level~ but they may be considered as a fair index establishing levels. The accurate or exact level would necessarily be somewhat higher than the one given on revenues per ton mile for the reason that there are thousands of special commodity rates and truck competitive rates under which most of the traffic moves and from which definite results cannot be obtained;also for the further reason that the exact percentage of diversion of traffic,especially short haul,to motor trucks and other forms of transportation is not obtainable.
Carriers usually accept revenues per ton mile as showing in a general way rate level trends. In the majority opinion in Docket 26,000, 195,I.c.c. pages 10 and 11, the I.c.c. showed the average revenues per. ton mile of class one railways of the country as a whole for the years indicated. In 1916 the revenue per ton mile of these carriers was 7.07 miles,while in 1932 the revenue per ton mile was 10.45 miles. Were it not for the fact that thousands of reductions of individual rates have been made to meet competition, the average ton mile earning in 1932 should have been materially greater. From the above f1gures,the revenue per ton mile was 47.8% higher in 1932 than in 1916.
The brief history of class rates for Southern territory above referred to and which has been developed by this Commission was based upon the date and information contained in Carriers' Exhibits 79 anq 80 of the witness Tilford and Exhibits 134,135, 136,137,149,150 and 151 of the witness Marks,as well as from all of the data and information contained in the record in the case before it.
The above history of class rates in Southern Territory and all Georgia intrastate traffic clearly establishes the fact that the carriers have heretofore been successful in their efforts to secure high rates during periods of inflation and increasing prices. It cannot be doubted that the general increase of 25 per cent under General Order No. 28 of the Director General of Railroads grew

THURSDAY, JANUARY 24, 1935.

433

out o:r the increase in all prices which prevailed at that time. After the war and immediately following the period o:r Federal control, the increase in all prices continued. As a direct result o:r this general increase,the Interstate Commerce Commission, under exparte 74,acceding partially to the wishes o:r the carriers,granted the second general increase o:r 25 per cent which became e:r:rective September 1, 1920.
The increases above referred to are indicative o:r the fact that changes in general level or prices upward was the basis upon which the carriers sought and obtained higher rates. The exact figures showing the general increase in wholesale prices are contained in the exhibits o:r the carriers in this record. Particular reference is here made to the price indices in this record shown on Exhibits 24, 25, and 26 or the carriers and to the documents therein referred to,particularly "Wholesale Prices, August 1933,Ser1al No. R35" of the United States Department o:r Labor.
As illustrative o:r the change in level or prices, reference is made to Carriers' Exhibits 47,48,81 and 82, as well as the exhibits above referred to. Tabulations condensing some o:r these prices further illustrating the change in level are shown in the Commission's Exhibits 1,2,3 and 4.
During the latter part o:r the year 1920 and during the years 1921 and 1922,the general level or prices dropped,all commodities rapidly declined and this general decline in the level or prices was given partial effect in the 10 per cent rate reduction referred to. It is evident that the controlling :ractor resulting in this 10 per cent general reduction which became effective July 1, 1922, was the general decline in prices referred to.
Georgia is primarily and essentially an agricultural state and the ability of the people o:r Georgia to purchase transportation is based on the value or the farmer's dollar. With increased farm

434

JouRNAL oF THE SENATE,

income comes increased purchasing power resulting in increased consumption and increased production. The Carriers tonnage is directly related to a consumption and production.
We here refer to the Commission's Exhibit 5 which is a statement comparing the pre-war and present purchasing power or the rarmers dollar. In spite or the tact that the farmer dollar when spent before the war tor such items as he must buy is now worth considerably less in purchasing power,this same dollar must be used in paying transportation costs under prevailing class rates at approximately 140% or the pre-war level. The conditions affecting other industries have been almost as disastrous. These are matters or common knowledge.
It is certain that whatever reduction in reduction in revenues the carriers have experienced,they have not experienced any reduction in the prices which they have received tor the service rendered, on the contrary there has been an increase in this price.
The changes which have taken place in this countr.y during the past several years have been such as to excite the attention or all thinking people. Some or the expressions which clearly express the extent or the changes are not,in our opinion,inappropriate.
In the recent Minnesota Moratorium Case,Mr.Chief Justice Hughes of the United States Supreme Court said that the General decline which has prevailed during the last few years was a matter or common knowledge. He quoted from Justice Olsen from the Minnesota State Court, as follows:
8 The present nation~lde and world~ide business and financial crises has the same results as it it were caused by tlood,earthquake,or disturbance in nature. It has deprived millions or persons in this nation or their employment and means or earning a living tor

THURSDAY, jANUARY 24, 1935.

435

themselves and their farrdlies; it has destroyed the value of and the income from all property on which thousands of people depend for a living; it actually has resulted in the loss of their homes by a number of our people,and threatens to result in the loss of their homes by many other people in this State. It has resulted in such widespread want and suffering among our people that private,state and minicipal agencies are unable to adequately relieve the want and suffering and Congress has found it necessary to step in and attempt to remedy the situation by federal aid." Mr. Chief Justice Hughes after a general discussion as to the prevailing economic conditions and after having quoted approvingly as above referred to,announced a general principle based upon a consideration of the rights of the public. Quoting from page 241 of the Supreme Court Reporter,Vol. 54 in No. 5, January 15, 1934, he said: "It is manifest from this review of our decisions that there has been a growing appreciation of public needs and of the necessity of finding ground for a rational compromise between individual rights and public welfare. The settlement and consequent contraction of the public domain,the pressure of a constantly increasing dens~y of population,the interrelation of the activities of our people and the complexity of our economic interests, have inevitably led to an increased use of the organization of society in order to protect the very bases of individual opportunity. Where,in earlier days,it was thought that only the concerns of individuals,or of classes were involved,and that those of the state itself were touched only remotely,it has later been found that the fundamental interests of the State are directly affected;and that the question is no longer merely that of one

436

JouRNAL or THE SENATE,

party to a contract as against another,but or the use or reasonable means to sateguard the economic structure upon which the good or all depends." The Minnesota Moratorium Case referred to above was not a rate case but the principle announced is fundamental and includes matters which should and must be considered by the Commission in determining what are just and reasonable rates. The United States Supreme Court in the case or Atchison,Topeka and santa Fe Ry. Co. v. United States,284 u.s. 248, 76 L.Ed. 273, in dealing with the effect or changed conditions on rates,said: The second petition presents a new situation, a radically different one which had supervened since the record before the Commission had been closed in 1928. It asserted that whatever might be the view or the order when made, and upon that record. a changed economic condition demanded reopening and reconsideration. There can be no question as to the change in conditions upon which the new rate was ask~d. or that change we may take judicial notice. It is the outstanding contemporary ract,dominating thought and action throughout the country. As the Interstate Commerce Commission said in its recent report to the Congress, 'A depression such as the country is now passing through is a new experience to the presetlt generation It is plain that a record closed in 1928 cannot be regarded as re~resentative or the conditions existing 1n 1931. Mr. Chief Justice Hughes 1n a recent Supreme Court opinion, (Los Angeles Gas &Electric Corporation v. Rr. Comm. 289 U.S. 287, 77 L.Ed. 1180) in referring to the economic depression which has reached to all parts or this country during the

THURSDAY, jANUARY 24, 1935.

437

past several years used the following language: "The country was facing a most serious decline in prices. It was entering upon a period of such a depression as to constitute a rnew experience to the present generation'. It was not the usual case of possible fluctuatiug conditions,but of a changed economic level."
Therefore,in the above case,the Supreme Court in May, 1933, re-affirmed the principles above quoted from the Atchison Case.
The Interstate Commerce Commission in a recent case,reported in 178 I.c.c. at page 563, said:
"The relation of the general level of freight rates to the general level of commodity prices is a factor which cannot be disregarded particularly in a time of general financial prostration. Stated in another way, it means consideration of what the traffic can reasonably be made to bear." That Commission then quoted from the Supreme Court in the Ann Arbor R. Co. case vs. The United States, recently decided in construing the Hoch- Smith Resolution, and said: "The causes of suffering are not onlY the great shrinkage in volume of business done,but in the violent fall in the prices received for products,a fall which has not been experienced by the carriers in the prices which they receive for their services. The fall in the price level in the case of agriculture has been of extraordinary severity so that important branches of that industry are in a state of unprecendented collapse and prostration. The situation is similar and almost as acute in certain other industries,and the depression in greater or less degree extends to all High rates do not necessarily mean. higher revenue,however,if the public cannot or will not ship in normal volume,

438

JouRNAL oF THE SENATE,

less revenue may result than from lower rates. It is signiticant,and this Commission cannot lose sight or the tact that the existing basic class rates were fixed in 1926, became effective in January, 1928, before the beginning or the decline and before the beginning or the depression and that the results or the general economic disaster have not thus tar been reflected in a reduction or the class rate level. Disparity in prices tends toward unstability in all business. It is unsound and unfair economically. The increase in the level or class freight rates on the one hand,and the general decrease in the price or all materials and commodities on the other band,has resulted in bringing about a disparity which not only exists between the prices referred to,but which has likewise resulted in an existing disparity between prices or farm products received by the producer on the one hand,and prices which he must pay tor his necessities,including transportation cQsts,on the other hand. A reduction in class rates would at least in some measure have the effect or removing the disparity referred to'and restoreat least to some extent a general prosperity through the medium or increased farm income,increased purchasing power,increased industrial activities,increased consumption and general increase in carrier tonnage. The wide divergence between the general level or prices on the one hand,and the increased cost or transportation on the other hand, over the pre-war levels,demand rate revision downward. We are firmly convinced that in keeping with the history or class rates in thisstate,and their relation to general economic conditions,the present class rate structure now in effect is unreasonably high and should be reduced. We know of no better way or expressing this principle than the words of Secretary Wallace, U.S. Department of Agriculture. He said:
"Increased retail costs have taken up the farmers additional income and lett him no better ott

THURSDAY, JANUARY 24, 1935.

439

tor meeting his interests,taxes and fixed charges~ The deplorable conditions necessitated as unusual effort on the part of the National Government to bring about a change that would result in improvement and general recovery. We cannot overlook the fact that the basic industry of this State,and. those who are engaged therein,is at the present time a ward or the Federal Government and dependent upon it for funds with which to operate. The relation between industry and the carrier is direct and cannot be doubted; the inter-relations which exist between the carriers and the producers have demanded the serious thought and consideration of this Commission in its effort to determine an equitable measure or what constitutes a just and reasonable level for baste class freight rates for application between points within this State. It is self-evident that when any industry is dependent for its existence upon borrowed capital that it has about reached the end of its tether,and this fact is accentuated when it appears that the ordinary sources or credit are no longer available and it becomes the object of govermental subsidy. There is a range within which all just and reasonable rates must come and when the divergence between prices on the one hand,and transportation cost on the other,becomes too great,transportation is curtailed, the carriers lose their tonnage and resulting revenues. If transportation costs take too large a portion or the consumers and producers dollars,the rates then become prohibitive. In the words or Mr. Justice Hughes,rererred to above,
ait is manifest from this review or our decisions that there has been a growing appreciation or public needs and or the necessity of finding grounds for a rational compromi~e between individual rights and public welfare The inter-relation or the activities of our people and the complexity or our economic interests have inevitably led to an increased

440

JouRNAL oF THE SENATE,

use of the organization of society in order to protect the very bases of individual opportunity." We are not only confronted with the problem above referred to,but under the mandate of the law of this State,we are charged with the duty of changing and revising rates as often as the circumstances may require and the Supreme Court of this State in the case of
City of Atlanta v. Atlanta Gas Light Co. 149 Ga. 410, said: "It was shown on the trial that on account of advanced materials,wages,the cost of operations and additions,the expenses of the corporation had increased on account of war conditions It was to meet just such condit1ons,no doubt,that the Legislature provided under the Act of 1879 that the Commission shall from time to time and as often as the circumstances may require,change and revise such schedules of rates. When circumstances are such that the price of everything else has increased,it may well be said that the Co~ mission may see the necessity,under the mandate ~f the law,of increasing the price of gas to the consumers as being required by these circumstances." The converse of this statement is necessarily true. That the general level of commodity prices 1s a factor which cannot be disregarded,particularly in a time of general financial prostration,is fundamental and has been recognized by all of the courts and by all rate regulatory bodies. The Interstate Commerce Commission has subscribed to this principle and sa!d that the relation of the

THURSDAY, jANUARY 24, 1935.

441

general level of rates to the general level of commodity prices might be stated to mean a consideration of what the traffic can reasonably be made to bear.
178 I.c.c.,
539, (563).

That this principle is not new is further borne out by the decision of the United States Supreme Court in the Minnesota MOratorium case,above referred to,as well as in numerous previous decisions of that court beginning with the case of

1S6m9ituh .vs.

Ames, 466,

42 L.Ed. 819,

affirmed in the recent case of

Los Angeles Gas & Electric Corp. v Rr. Comm. ot

Cal. 289

u.s.

287,

77 L.Ed. 1180,

The Georgia Public Service Commission,under the construction given the Act by the Supreme Court or this State, has been made the legislative arm through which the constitutional requirement of preventing unjust discrimination and of establishing just and reasonable rates must be carried into er!ect. Its duty has been clearly stated by the Supreme Court or this State in numerous cases. In the case or

Southern Railway Co. v. Atlanta Stove Works, 128 Ga. 207, at P. 219,

the court said:

"The Commission in the discharge of its duty to fix reasonable rates is not precluded from the consideration of economic conditions recognized by the carriers in the conduct or their

442

JouRNAL or THE SENATE,

business. The full purpos-e of the creation or the Commission would be thwarted if it could not consider and act on every economic and industrial factor potentially influencing the operation of a railroad and the transportation of freight.".

Impelled by the force of the mandate thus referred to,we have given careful consideration to the history of class rates in this State in the light or the economic conditions referred to and have given careful thought,study and consideration to existing disparities,as herein discussed,and have come to the definite conclusion that the establishment of a just and reasonable level of freight class rates for application on Georgia intrastate traffic demands material reductions.

The record which we are now considering discloses the fact that approximately 85 per cent.of the present volume of all traffic is moving under specific commodity rates and mileage scales or under truck competitive rates,that only approximately 15 per cent. of the volume of all freight traffic is moving under the present basic scale of class
~tes.

It was contended by the carriers at the hearing

that they favored uniformity in transportation

costs. We know,and the carriers know,that the

general effect of a great number of the commodity

rates and of all of the truck competitive rates

has been to move the traffic under rates which

have virtually destroyed all semblance of uniform-

ity. The effect of these voluntary reductions

which have been made by the carriers called truck

competitive rates had any degree of

with expiration dat uniformity nor any

eres1ahta1voensnho1tp

towards the bearing of their proportionate part of

the transportation burden,and other commodities

which have not received reductions are called upon

to bear excessive burdens. To put this in the

words of a member of the Interstate Commerce Comm-

ission, it is expressed as follows:

THURSDAY, }ANUARY 24, 1935.
"Many important commodities have not been beneficiaries or these so-called competitive reductions and every effort or management has been to maintain the high level or rates upon them. Generally those commodities which are closest to the soil - agricultural products, fruits,lUmber and its products, and coal have been considered as 'tied to the rails' and every effort has been made to adhere to the standard rate scale so that relatively they have been compelled to bear the greatest proportion of the transportation burden. But these commodities are the products or industries wh1ch,by reason or the economic conditions shown by the record and portrayed in the report,are the least able to bear the transportation costs for other,more highly developed,rorms or industry. The attempt to force them to do so has contributed to their economic prostration; it has lessened the purchasing power or those engaged in or dependent upon such industries,it has decreased the tonnage or the rail carriers in both the basic commodities purchased,and the incidental commodities necessary for the sustenance or the industries. The general effect of the high price levels for rail transportation has been to localize production and distribution,and to force the producers' and distributors' margins to the vanishing point,artd thus to decrease the movement by rail. The situation has encouraged,even demanded,recourse to other forms or transportation which can be had at a lesser monetary price,wherever possible Such unfavorable results as to these basic industries have immediate errect upon the whole industrial,financial, and political fabric or the Nation. That the attempt to maintain the relatively high levels of rates which have obtained upon these commodities has thus arrected the 1ndustries,there can be no doubt; to a measurable,1f not major,extent,the national paralysis or industry and credit finds here a

444

JouRNAL oF THE SENATE,

contributing factor of importance At

the same time,by holding out a degree or sta-

bility in the structure which would follow,the

rail carriers and shippers would know on what

basis they might count,and could safely pro-

ceed with long term commitments,now withheld

because of uncertainty as to the future rate

basis. The extention of competing forms of

transport into new tields,now occupied by the

rail carriers, would be discouraged. Dis-

tribution areas would be widened,there would

be a sharply lessened disparity between com-

modity prices and freight prices,and the re-

lation between them,which was rudely disturbed

by the slump in commodity values,would be

brought more closely to that balance which

stitmudee."nts(19g5enIe.rca.lcly.

admit must be reached p. 78,79 and 80).

in

And again:

"The case leaves me convinced that the great

residue of freight rates of the country as to

which reductions have not already been forced,

as for competitive reasons,stand upon an un-

reasonably high level. For the best interests

of the rail carriers themselves,to ameliorate

the distressing conditions affecting induatr~

and to further the far-reaching plans for -

national industrial recovery which have been

put under way,those railroad freight rates

which now stand as pinnacles far above their

pre-war levels should be brought more into

line with rates which have resulted from tne

process of wholesale and often indiscriminate

reductions made to meet competition with other

forms of transport,or railroads themselves.

i

n(19w5arI-.fca.rce.

between p. 73)

the

And again:

"The successful consummation of the policies and plans now under way calls !or a rate structure better ad~pted to what the traffic

THURSDAY, .jANUARY 24, 1935,

445

can bear and what it will bear and not adherence

to schedules which simply force tonna~e to other

forms of transport. shut it off trow compel the relocation of industry.

rp1o9v5emr.ecn.t,co.r

p. 80)

And again:

"All traffic is'now potentially competitive; none is 'tied to the rails'. A prompt recognition of this fact and adjustment of policy to correspond is needed if the earnings of the carriers are to be kept at their present levels,meager as they are,in short,the attempt to maintain rates on these supposedly noncompetitive commodities on their present pinnacles will merely compel the development and use of the less expensive means of transport. Such rates exceed the worth of the service,and cannot be maintained. They have neither legal nor economic warrant." (195
I CC p. 78)

And again:

"The reason for the comparatively slight re-

duction in average ton-mile earnings,from 11.27

mills in 1922 to 10.45 mills in 1932,are to be

found elsewhere than in the basic rate schedules,

and might result from any or many of other

causes In the main,the reduction in ton-

mile revenue reflects principally reductions

made by the railway traffic managers in their

efforts to save traffic or to regain tonnage

lost to the new and competing forms of trans-

port The changed conditions have made

maintenance of the basic rates impossible as

going tariffs.



Rate schedules which were justifiable under former conditions as reasonable would no longer move the traffic; they had to be cut. Reluctance to recognize this resulted in the rails standing by while traffic was diverted to competing, forms of transport;

446

JouRNAL OF THE SENATE,

reductions which if promptly made,m1ght have saved

tonnage,were made tardily and in insufficient

amounts; often when reductions were made they were

so restricted by expiration dates or territorial

limits as merely to warn competitors to redouble

their efforts to some section where the railways

preferred the maintenance or a nominal rate level

to making reductions which would retain the traffi~

(195 r.c.c. p. 77)



And again:

The flood or tariffs during the past few months beartng treductiont_symbo~s,the thousands or application for authority to make reduced effective on less than statutory notice; the hundreds or application for relier rrom longand-short-haul provisions of section 4, of the act,all indicate a definite policy or rate reductions on competitive traffic,almost desperate in its nature. (195 I.c.c. p. 77)

The last named quotations were taken from the dissenting opinion or Commissioner Aitchison,concurred in by Commissioners Porter and Lee, Commissioner Eastman not participating in the disposition or the case. The principles announced and quoted from are too lQgical and convincing to argue. The facts in this record and the experience or the carriers demonstrate the truth of the statements beyond reasonable and logical contradiction. They are emphasized by the fact that,since this decision was written in July last year these competitive tariffs have co~tinuously increased in number,in territorial application,and in extent. In the meantime the loss of tonnage to the carriers haS continued to increase until the situation is desperate to the carriers. This Commission is convinced ot the logic and reason ot the principles announced and desires to add emphasis thereto.

The experience of the carriers themselves as indicated by the evidence and particularly txhibits Nos. 84 and 85, is conclusive to the Commission

THURSDAY, }ANUARY 24, 1935.

447

that rail carriers recognize the fact that the decline in their freight traffic is largely due to excessive rates rather than economic conditions. The statement above referred to is fUrther fortified,in our opinion,by the statement of the Interstate Commerce Commission in Docket No. 23,400 reported in 182 I.c.c., 327, as follows:
"In the last.five years nearly 75 per cent. of all applications for certificates to abandon rail operations have mentioned motor competition as a factor." It is a maxim of business competition that the price charged is controlling. The carriers have literally honeycombed the continental area of the United States with truck competitive tariffs and without any regard to "Southern", "Official", or any other regional territory. We fully realize the the need and importance of adequate railway facilities. However,the increasing number of truck competitive tariffs,in view of the decline in railway traffic,lost to motor carriers,demand that we point out the fact that the shipping public cannot be expected to await an indefinite period of uncertain experimentation. The competition, which has been referred to by the carriers as the basis upon which truck competitive rates are established,is permanent. The means for using this form of competition is on the increase and while we are fully aware of the fact that truck competitive rates are established voluntarily by the carriers by permission of rate regulatory bodies,we are also convinced that at least to some extent the shipping public in choosing the method of service,m~asures the value of that service by its choice. It is the opinion of this Commission that the falling off of the revenue of the railroads to the point indicated in the record is due to the hesitancy with which the railroads have attempted to meet this competition and the unsatisfactory manner in the form of competitive rates with expiration dates which have led the public to the belief that

448

JouRNAL or THE SENATE,

the railroads intended to reduce their rates temporarily,strike down truck competition and return to the high rates they had previously exacted from the public who were forced to use the rails for lack of other forms of transportation.
Truck competition is present and is recognized as a stable,permanent form of transportation that the railroadsmust recognize,and rates of a permanent nature must be prescribed that will lend stability to the rail rates that move the traffic in order that tonnage may be brought back to the railroads that they may escape the present threat of-financial ruin.
The Emergency Transportation Act of 1933 provides:
"In the exercise of its power to prescribe just and reasonable rates the Commission shall give due consideration,among other factors~to the effect .of rates on tbe movement of the :trafft c; to the need,in the public interest,of adequate and efficient railway transportation at the lowest cost consistent with the furnishing of such ser-
venicaebieanthdetocatrhreienrese-dunodferrehvoenneuset,secsounfofmic1iceanl taotog
e ficient mana emen to provide such service. Title 49 u.s.c.A. sec. 15 (a) 2) The first two factors specified are elements to be considered in determining the value of the service to the shipper,and cannot be ignored. It they are to be given any effect,the whole experience of the carriers and shippers demand a reduction in the basic rate level. The foregoing opinion is replete with reasoning which establishes the fact that the present basic class rates exceed the value of the service to the shipper and are,therefore,in excess of just and reasonable rates and should be substantially reduced. The right of the carriers is necessarily limited to a return earned without the imposition of rates which exceed the bounds of a reasonableness, especially when it has been con-

THURSDAY, JANUARY 24, 1935.

449

elusively shown by the experience of the carriers that a reduction in rates actually increases their revenues. We think that the weight to be given the respective factors depends upon the facts presented in each case and that in this case the facts presented by the record demand a consideration of the first two factors named. There can be no question as to this.

The present freight rate structure was built up under conditions of virtual railway monopoly. Conditions,however,have changed and by this change have practically eliminated the movement of goods under the present maximum reasonable rates. It is our opinion that we should,by proper order,lend stability and permanency to a set of rates that would return tonnage to the carriers,permit business within this state,and remove discriminations. We are fortified in this position by numerous recent rulings of the L.c.c. to the effect that voluntary and competitive rates put ln by the carriers have a direct relation to the reasonableness of rates,and at least to some extent may be accepted as a measure of just and reasonable rates. The United States Supreme Court has given full effect to the truth of this Statement in the case of

S24k9inune.sr.

and Eddy v. 557, 565.

United

States,

That court,after referring to two decisions of the I.c.c. said:

"The Commission's power over them(rates)in this respect extends no further than to discourage the making of unduly low rates by applying deterrents. One such deterrent is found in the tact that low rates,because voluntarily established by the carrier,may be accepted by the Commission as evidence that other rates,actual or proposed,for comparable service are unreasonably high.

In 1893,immediately following the panic of 1892,

450

JouRNAL OF THE SENATE,

some Nebraska farmers !tled a suit which was finally decided by the United States Supreme Court in

1S6m9ytuh .vs..

Ames,
466.

In that case the court, speaking through Mr. Jus,tice Harlan announced the principle that the public had a right to demand that the rates be no higher than the service is reasonably worth in the light of existing conditions. This principle has been reaffirmed !rom time to time by the United States Supreme Court and has been given full effect in the Los Angeles case,the Minnesota Moratorium case and in other recent Supreme Court Decisions. The Interstate Commerce Commission in some of its early decisions,for example, 2 I.c.c. 618, 636 and 3 I.c.c. 4731said:
"The value of the service is generally regarded as the most important factor in fixing rates and carriers in making returns cannot arrange them from an exclusive regard to their own interests,but they must regard the interests of those who may have occasion to employ their service,and subordinate their own interests to the rules of relative equality and justice."

The problem of this Commission,as well as of other rate regulatory bodies,is to attempt to find an equitable yardstick to be used in measuring a level of just and reasonable rates and in determining rational compromise ground,in appreciation of the needs of the carriers and of the public,upoh which the conflicting interests should and must meet. The continuance of an adequate national transportation system demands that rates be fixed upon a level that will move the traffic. This is for the carriers benefit. Rates must be prescribed upon a level that will distribute the burden of the depreciation between the carriers on the one hand and the public on the other hand.

THURSDAY, jANUARY 24, 1935.

451

The raising or rates does not necessarily increase revenues and the lowering or rates does not necessarily reduce revenues. The expression or the United States Supreme Court in the recent case or

F28l o2 rui d.sa.

v. United State 194, 214-215,

s,

75 L. Ed. 313

is significant. We quote from it as follows:

"The raising of rates does not necessarily

increase revenue. It may in particular lo-

calities reduce revenue instead or increasing

it,by discouraging patronage. Commission v. Chicago B.& Q.

C(oR. a2i5lr7oaud.s.

563; 63 L. Ed 271)

Witnesses for the Florida intervenors testi-

fied that any material increase in the Florida

intrastate freight rates would cause them to

move their plants to the timber or abandon

operations,and that in either event the

operator would lose considerable traffic.

In this connection and in furtherance or this statement,the record in this case discloses many instances where commodities failed to move because of transportation costs.

We may sum up the fact of a situation like this upon the carriers and upon those who purchase 0 transporation service as follows: The effect upon the tonnage or the carriers is felt in at least three separate and distinct ways. First,a loss or tonnage resulting from reduced consumption or any particular articles or commodity so affected. This loss is measured by the amount or the ~eduction in the consumption or the particular commodity; second, loss or tonnage resulting from curtailed produc-
tion brought about by lowered income. Any curtail-
ment or production,particularly in an agricultural state,seriously affects the volume of tonnage moved by the carriers; th1rd,loss of tonnage which results. from the inability on the part of the consuming

JouRNAL oF THE SENATE,
public to purchase the articles needed and useful to them. This inability necessarily follows de- creased income and lowered purchasing power.
On the other hand,the effect of such a situation on the part of the consuming public is felt and realized; first, in lowered income with a resulting lowered purchasing power; second,lessened consumption of all commodities,including such articles as the carriers must transport.
These inter-relations are self-evident and must necessarily be reflected in any equitable rate structure or rate level.
The evidence before the Commission disclosed that the present basic class rates in effect in Southern Territory (Southern territory comprises those states east of the Mississippi River South of the Ohio and Potomac Rivers) are on a much higher level than those in Official Territory (Official Classification Territory comprises those states east of a line drawn from Chicago to Saint Louis, thence following the Ohio and Potomac Rivers to the Atlant1~) A number of facts were produced by way of comparing certain conditions in the two territories. These facts were produced by the carriers and by the Commission's testimony and exhibits.
The existing transportation conditions,between these two territories in our opinion,do not warrant the existing difference in the level of rates.
Since the advent of the railroad the states in Official Territory have enjoyed a much more favorable freight rate than the states located in Southern Territory. The reason for this differnce in freight rates is attributed by the carriers to the difference in traffic density in the two territories,and this factor should be given some weight. Highly densely settled territory means probable increase in tonnage over a lesser densly settled territory. However,it must be borne in mind that land values are higher and more expensive road bed

THURSDAY, jANUARY 24, 1935.

453

and equipment are required where traffic density is high than in territory with low traffic density. From example,Ohio with an area of 40 700 square miles,has eight cities of over 100,060 population, through which her railroads must run and in which they must maintain expensive terminal facilities, while Georgia,wtth an area of 58 725 square miles has only one city with a population of over 100,000. The carrier operating in Ohio must therefore have a much greater investment in property to conduct its business than a like carrier operating in Georgia would necessarily have,and the amount invested to carry on the service is another factor that must be given weight in fixing maximum reasonable rates. Lumber for cross ties and construct1on,which is quite an item in railroad expense is cheaper in Southern Territory and especially in Georgia,than in Northern Territory,and climatic conditions in the South are far more favorable to railroad operation. The expense of removing heavy snows from the rightof~v.ay or freezes interfering with traffic is an unheard of railroad expense in Georgia and is a considerable item in Official Territory.

Definite facts and figures in support of the truth of the foregoing statements are found in the record in this case. For example, the tax accrual per mile of road as shown by the Commission's Exhibit No. 32, for the year 1932 were much greater for the fourteen representative roads named 1n the exhibit operating in Official Classification !or the ten principal class one roads operating- in Georgia. The Delaware Lackawana Railway Company operating 1n Official Territory in 1932 had a tax accrual per mile of road of $5,225.00, which was 11.2% of the railway operating revenues for that year and the Southern Railway system had a tax accrual of only $949.00 per mile of road,which was only 8.4% of the gross operating revenues for the same year.

In this connection the total tax accruals for the

ten principal class one roads operating in Georgia

in to

t1a9l2w6 aws ams omreorethathnan$3$03,o2o,0o0,o06o00w0,hifloer

1929 the in 1932 the

454

JouRNAL or THE SENATE,

total was less than 1933 was materially

$le1s9s,00th0a1

000. n fo

r

The figure 1932.

for

By referring to the Commdssionts Exhibit No. 34, we ascertained that the average cost per cross tie is much less in the Southern Territory than in Official Territory. For example, for the year 1932 the average cost per cross tie to the Delaware and Hudson Railroad Corporation was $2.37 each while for the Seaboard Air Line Railway the average cost per cross tie for the same year was only 75 cents.

By reference to the Commission's Exhibit No. 47

ascertain that for such ma~or items as "deprecia-

tion", ''maintenance", and repairs" it appears that

a comparison between the Eastern District,(Official

Territory),and Southern District shows that the

Southern District has a distinct advantage in such

items as 11 Signals and interlockers","power plant

buildings", "Power distributor si:'stems ,"amiscellane-

ous structures". The one item 'removing snow,ice

and sand" for the Eastern District in 1932 was

$1,668,151 against $124,474 in the Southern Distric~

the item "injuries to personsrwas $1,133,397 in the

Easte thern

r

n D

Distr istric

i t

c ;

t ag and

ains the

t

i

toenmlyo$f25"7in1

066 sura

in nce

th "

e Souwas

$1,761,129 in the Eastern District against only

~27,519.00 in the Southern District. The item of

"crossings and signals" was $2,120,707.00 for the

Eastern District against $486,531.00 for the Sou-

thern District. Under the general head "repairs"

the i tern of "Fleating equipment" for the year 1932

was $2,223,106.00 for the Eastern District against

$129,779 for the entire Southern District.

The above illustrations could be multiplied many times over and clearly indicate some of the numerous ways in which the Southern Territory has a distinct advantage over the Official Territory in items of operating expense which would offset many differences in traffic dens! ty.

The Commission's Exhibit No. 48 likewise shows the comparable figures for "total general expenses",

THURSDAY, JANUARY 24, 1935.

455

"superi~tendence", etc. From the standpoint of topography,the State of
Georgia has an advantage over Official Territory. The general terrain in Georgia is not as uneven as that which prevails in Official Territory according to averages. The larger portion of the State of Georgia consists of coastal plains and level lands. which reach beyond the foothills and extend to the mountainous section of north Georgia. The southern part of the Allegheny range extends into the northern part of the state. The topographical advantage is directly related to expense for construction of way,and the more level the country traversed by the carrier,the less expenditure is required for this purpose. The same percentage of grade may be obtained at a less cost to the carrier and the operation of trains from the standpoint of the size of the locomotive required and from the standpoint or fuel consumption may be carried on at less expense to the carrier. In uneven territory such as prevails throughout the Allegheny range generallyithe carriers are required to do more grading,tunne ling, etc.
The intense cold in the north(Official Territory) requires a considerable investment in many instances that are unnecessary in the mild climate in this State. The denser traffic condition of which the carriers speak in their evidence,necessitates the expenditure or a large amount of additional capital made necessary by the construction of double line mileage tracks and likewise increases the item of maintenance of way. This added capital and this added expense of maintenance will necessarily make large inroads into the operating revenue and capital outlays of the carriers and in a great measure,at least,offset the claimed benefits of increased density of traffic and population.
In more densely ~opulated areas the carriers are required to either expend additional outlays to construct grade crossing eliminations or to provide additional employees to be used as watchmen;

456

JouRNAL OF THE SENATE,

the more densely populated areas will likewise necessitate additional capital outlays and expenses in numerous other ways than those named above.

We also refer to the item "repair costs" in its

relation to locomotives. It is one of great im-

portance and involves a large amount of the opera-

ting expenses. The record discloses that the aggre-

gate investment of class one railways in steam

locomotives,taking the ledger value,was on October

1, 1933, $1,717,697,850.00 and this amount approxi-

mately represented what the railways expend in five

years for repairs. T~: repairs for the years 1927,

1928 and 1929 is shown by the record in this case

to th

be at

t

h$e1,1it9e0m1 6

69,000. "cost o

f

The record also discloses repairs" per horse power

unit increases with increased age of the locomotiv~

The average age-of-use for the Southern District

was only 11.93 years against 13.99 years by the

Eastern District. Where the mileage between gen-

eral repairs is greater the repair cost is mater-

ially less. The record disclosed that the average

mileage between general repairs for locomotives in

the Southern District is 86,835 miles against only

68,158 miles for the Eastern District. The Sou-

thern District locomotives,therefore,make 27.4%

more miles between general repairs than the loco-

motives in ordinary use in the Eastern District.

This information referred to is shown in the Com-

mission's evidence in the record and on the Comm-

ission's Exhibits Nos. 22,23,24,25, and 26. The

average cost of repairs per horse power unit for

the Southern District is shmvn to be $1.0952 and

for the Eastern District $1.4756. The average cost

of repairs per locomotive mile was 21.4 cents in

the Southern District against 28.4 cents for the

Eastern District. Here,again,the transportation

condition is materially more favorable in the

Southern District when compared with the Eastern

District or Official Territory.

The operating ratios of the class one railways tor the year 1932 was shown by the record to be as follows: For the Southern District (freight ser-

THURSDAY, jANUARY 24, 1935.

457

vice), including the Pocahuntas Region,the operating ratio was 63.71; !or the Eastern District the operating ratio (freight service) was 68.22. (See Commission's Exhibit No. 27).
The record in this case is replete with operating statistics which accurately reflect a comparison of the operating conditions between the Southern Territory on the one hand and Official Territory on the other hand. The ten principal clas~ one roads operating in Georgia and the fourteen representative roads operating in Official Territory which were selected are compared as to the total tonnage on the Commission's Exhibit No. 28. Related averages and unit costs are shown on the Commission~ Exhibit No. 29. These averages cover the five years, 192$ through 1932. The record discloses tha~ as a rule,the longer haul traffic is more desirable than the short haul traffic and in this connection by referring to the Commission's Exhibit No. 29,the average haul in the Southern District tor the year 1932 was 235.7 against 164 miles !or the Eastern District. The total freight expense per freight gross ton mile,including non revenue ton miles,tor the year 1932 was $2.28 in the Southern District against $2.82 in the Eastern District. The total freight wages,!uel,supplies,and engine house expense per freight train miles in 1932 was only 74 cents in the Southern District against 99 cents ln the Eastern District-. The road :(reight wages,ruel, supplies and engine house expenses per freight car ton mile,including non revenue ton m1les,!or the year 1932 in the Southern District was .444 cents against .525 cents in the Eastern District.
Reference is made to the Commission's Exhibit No. 46 !or a number of operating averages of class one steam railways by districts tor the year 1932. The origin per ton of freight tor the Southern District was $2.051 and !or the Eastern District $1.740. The net ton mile~, revenue and non revenue,per train haul was 11 563 for the Southern District against 11,170 for the Eastern District and the percent which the net ton miles was or gross ton miles is

458

JouRNAL oF THE SENATE,

shown to be 43.9 tor the Southern District against only 40.5 for the Eastern District. The net-ton miles per loaded car mile, ,revenue and non revenue, was 29.8 tor the Southern District against 25.8 tor the Eastern District and the car miles per freight car day was 21.8 in the Southern to against 17.1 in the Eastern District. The net ton miles,revenue and non-revenue,per freight car day was 388 in the Southern District against 267 in the Eastern District.
By reference to the Co~ssionts Exhibits Nos. 34, 35,36,37i38 ~d 39,comparative averages between the principa class one roads operating in Georgia on the one hand and the representative roads in Official Territory on the other hand are shown.
The Co~ss1onts Exhibit No.42 sets forth comparative averages relating to freight traffic between the principal class one roads operating in Georgra on the one hand as compared with the representative roads in Official Territory on the other hand. The average haul per revenue ton or freight is shown on this eXhibit and the revenue per freight service train mile. This exhibit also shows the revenue per loaded freight car miles,the revenue per ton mile or treight,and the revenue per ton ot freight or the ten principal class one Georgia roads on the one band as compared with the 14 representative roads on the Official Territory on the other hand. These comparative averages indicate that the level or rates in the Southern District 1s materially higher than in Official Territory and that the operating averages do not warrant any such difference in rate levels.
In this connection,the Interstate Commerce Commission,in a number ot recent cases,has been confronted with numerous problems arising due to the difference in the class rate levels which prevail 1n Southern and Official Territory.
Commissioner Eastman,ot the Interstate Commerce
Co~ssion in I & s Docket 3127,reported in 156

THURSDAY, }ANUARY 24, 1935.

459

I.c.c. 117, at page 134, said:

"In my judgment,transportation conditions are,on the average,somewhat more favorable in Otticial than in Southern Territory:but the ditterence is not as great as is commonly supposed,and is by no means as great as the existing difference between the levels ot the class rates in the two territories ! think it would be better it there were no such ditterence,tor it causes a great many complications and controversies with which we are called upon to deal and which would not arise it the two rate structures were similarly designed.

In Southern Sugar Investigation,l42 I.c.c. 459, the Co~ssion said at page 461:

However,as we have pointed out in other case~

this difference in the level or the class

rates in the two territories (Southern & Offi-

cial} is greater than the difference in

average transportation conditions,and because

or this ract,commodity rates are relatively

more numerous and in general lower,compared

with the class rates in Southern than in Otti-

cial Territory. The result is that in the

case or many conmodities moving in volume

there is no great difference in the level or

the going rates in the two territories and

in some cases the Southern rates are the

lower.

-

In I & s Docket No. 3660, "Rates on Br1ston and
Norton Lines or Norfolk & Western Railway",reported in 192 L.c.c_. page 315, Commissioner Eastman said, at page 324 or the opinion:

The marked dirterence between the class-rate

rsatrtuecstutrruec

in O!ticial ture within

Territory and 'the class-Southern Territory and

between the two territories presents an ex-

ceedingly troublesome and ditricult rate problSL

460

JouRNAL oF THE SENATE,

We have heretofore remarked,on more than one occasion,that the difference in levels in favor of Official Territory,is not justified by the difference in transportation conditions1or at least only in part. It is rather an ou~growth of historical conditions and a difference in the development of the entire rate fabrics of the two territories in past periods when there was little regulation and much less connn.unity of interest and of action between railroads in different territories, and even in parts of the same territory, than now exists.

Connn.1ssioner Tate in the same case said:

It is my opinion that whatever the Commdssian would do in the above named investigation and suspension case ,No. 3660,would be far from ideal,and the explanation for this statement of my individual opinion is to be found in my belief that the class rates fixed tor Official Classification Territory and those fixed for Southern Classification Territory are so improperly related that it is impos- sible to do exact justice until that relationship is changed.

We concur in the statements referred to to the

effect that the difference in levels in favor of

the Official Territory is not justified by any

existing difference in transportation conditions,

and certainly it cannot be argued or contended even

by the carriers themselves that a higher level of

rates for Southern Territory can be justified if

the ability of those who use this service,in the

south,to pay for it is given any consideration

whatsoever. We are confident 1n making the state-

ment that it cannot be logically or equitably urged

that the value of this class of servic~ is greater

in the State of Georgia under the existing condi-

tions than 1t is in Official Territory. On the

gcoiantsrahroy~dthenoct,oosutgohft

rendering this service in Geor-. not,and we think it will not be

THURSDAY, jANUARY 24, 1935.

461

greater,under proper management,than 1n rendering like service 1n Official Territory.

Agricultural products,or products of the farm, have always been given rates within the lowest zone of reasonableness. The preponderance of the movement of these products in the Southern Territory 1s another reason why the difference 1n the rate levels existing between the two territories should be materially lessened or entirely removed. In this connection reference is made to the Commission's Exhibit No. 40, which shows the percent or total tonnage carried represented oy products of agriculture,carload,tor the year 1932 for the ten principal class one roads operating in Georgia when compared with the fourteen roads operating in Official Territory. The Comm1ssionts exh1bi t No. 45 shows the total freight traffic origniated,freight traffic terminated,total freight traffic carried,products of agriculture,by regions,for the calendar year 1932. This exhibit likewise shows the total freight revenue dollars derived from the movement of products of agriculture. For the Southern Region the revenue from the products or agriculture constitute 21.?% of the total freight revenue dollars while in the Northeastern Region the revenue from the products of agriculture constitute only 16.?% of the total freight revenue dollars.

By reference to which supplements

the its

ECxonhmibdistsiNoon.s4E0ix

hibi the

timNop.or4t4an1 ce

of the traffic 1n products of agricu ture to the

Southern carrier is emphasized. The Southern Region

or Territory is originating a comparative greater

percentage or the total tonnage carried than is the

Eastern Territory. This indicates the fact that

Southern Territory is not only an agricultural sec-

tion but is a producing section which produces com-

modities which must be consumed by the more densely

populated areas of the country. It rates are such

as to depress the moyement in this kind or traffic

the scare! ty or the connnodi ty at the consuming point

controls the price and the price controls consump-

tion and brings about many economic changes. The

462

JouRNAL OF THE SENATE,

importance or the traffic in this group or commodities is therefore emphasized as it relates to the carrier,the shipper,and to the consumer. By referring to subsection (g) or the Commdssionts Exhibit No. 40 Part I, Sheet 2, and Part II Sheet 2, the percent or traffic originated to totai traffic carried tor the years 1931 and 1932 shows that !or the ten principal class one roads operating in Georgia this percentage is very materially higher than for Official Territory roads. The level of rates in the Southern Territory must be on a basis that will permit the traffic to move !rom the producing section to the consuming section. In this there is a distinct advantage to the carrier, to the shipper, and to the cons'i.l!Jler. Here again the Southern Region has a distinct advantage over the Official Territory in that the rates established tor the movement of total volume of the traffic in which is included a major percentage of the commodities coming with!~ the lowest zone of reasonableness, must come within this lowest zone or reasonable rates.
The carriers have not given to the Commdssion the various costs involved in connection with the rendition of the service but have introduced in evidence some calculations based on experience figures, theories,investments,etc.,which purport to cover the yard and terminal costs or handling L.C.L. merchandise. The theory upon which the figures are based is very indefinite and is of little worth to the Commission in its effort to solve the problem now before it.
The Commission's Exhlbits Nos. 15,16,17,18,19, and 20 give a number or unit revenues and expenses, expense averages,gross terminal expense,car miles switched,treight car repairs,treight service expense, total freight expense per loaded car miles, and total freight expense per train mile tor the class one carriers operating in Official Territory, on the one hand,and Southern Territory on the other hand.

THURSDAY, jANUARY 24, 1935.

463

The testimony or the Comndssionts rate man fully explains the source and reliability or the information thus furnished. The Exhibits indicate nume:rous instances in which the Southern Territory has
vOefrfyicmiaalteTreiarlriatondryd. isTtihnecstealedcvtaendtagre.cs.co.vesrtathteistics
of all rreight,car load and less car load for the year ~932 as shown by Exhibit 15 when compared with the Exhibits immediately following indicate to the. mind of the Commission that by comparison the basis class rate level in Southern Territory is much higher than warranted when compared with the level in Official Territory. The present level in effect in Southern Territoryis approximately 27% higher than in Official Territory. The Exhibits 15 to 20 when taken in connection with the other elements referred to in this order,and when taken in connection with the entire record in this case clea:rly and conclusively show that there are not transportation conditions warranting any such difference.
Exhibit 15 shows that operating expenses and taxes per thousand net ton miles in the Southern District, is only $6.26 while for the Eastern District the figure is $8.29. For one thousand gross ton miles the operating expenses and taxes for the Southern District are $2.23 and for the Eastern District $2.71. The figures for the marginal road haul cost shown in this Exhibit also reveal the fact that these costs are very materilly lower for the Southern District than for the Eastern District. The same statement is true with respect to the average haul per ton in the two districts. The revenue ton miles per loaded car mile as shown in this Exhibit, is 27.24 for the Southern District and 23.85 for the Eastern District.
By referring to Exhibit 16 the total expenses per car mile are considerably higher in the Eastern District than in the Southern District. The same statement is true with respect to Taxes and the total expenses and taxes per train mile is more than 30% lower in the Southern District than in the Eastern District.

464

JouRNAL or THE SENATE,

B,y reference to this Exhibit,it will be shown that in the expense averages set forth in the Exhibit that the Southern District has a distinct advantage over the Eastern District.

By reference to Exhibit 17,it will be ascertained

that revenue per ton originated and revenue per ton

carried is very materially higher in the Southern

Distri-ct than in the Eastern District..



By referring to the Commission's Exhibit 18, we see that the gross terminal expense per ton handled in the Southern District was only $1.92 against
$p2e.r9c7atromr itlhaetoErasttheernSDouitshterrinctDainsdtrtihcat twtahseoncloYstsot
against SSt tor the Eastern District.

By referring to the Commission's Exhibit No. 19 we see that the total freight expense per loaded car mile is .1634 tor the Eastern District against .1541 for the Southern District and the total freight expense per train mile is $4.82 tor the Eastern District a~alnst $3.82 tor the Southern Di-iltrlct. This to al freight expense per train mile is more than 25% higher in the Eastern District.

From the record in this case we could go on multiplying these illustrations in hundreds or ways. We are or the opinion that the definite !acts and figures shown in the record,the reliability and authenticity or which have not been disproven, clearly and conclusively offset any difference between the Southern and Official Territory that might arise trom a difference in trattic density.

The rate structure as a whole cannot be changed or lessened by a small volume ot traffic that is actually moved under the present maximum basic rate by relating it to a short mileage block. It is certain that the carriers throughout 0!!1c1al Territory are rendering the service under conditions which we have described at a mueh lower rate than under conditions prevailing in the Southern District which do not warrant such difference.

THURSDAY, JANUARY 24, 1935.

465

The record discloses numerous instances and many potential economies which might and should be perfected by the carrles,such economies as modern, honest,et!icient business management demands. We are not ~ndtul or the tact that the evidence shows instances or increased efficiency and economy in operation but we do find that the record in this case discloses that there are still many ways in which more may be accomplished through cooperation among the carriers and through the application or business judgment.
Practically no advantage has been taken or the authority granted by the Transportation Act to pool freight traffic and earnings in the interest or economy and the record in this case discloses that many potential economies might be effected resulting in further saving to the carriers in eliminating competitive waste due to circuitous hauling and duplication or service and in other instances.
The record shows that through the agency or "Freight Forwarder Organization" which are or necessity forced to operate on narrow margins or profit that sup~rior conditions have been developed, surpassing the comparable conditions or rail carriers. As an 1llustration~the clerical expense ot forwarders is shown to be r5% ot ton originated and in 1932 the cost or platform labor handling rail L.C.L. traffic was 98 per ton pbysically handled or a total or $1.96 tor origin and destination handling.
Is it possible that the carriers have not felt the same necessity as that which confronted the forwarders and which caused them to develop the superior practices and methods reducing cost or transportation?
Another illustration o! improper managment which should be eliminated is round in the contracts between express companies and rail carriers. The reciprocal relationship arising under these contracts often operate at a distinct disadvantage to

JouRNAL oF THE SENATE,

the express company and to the rail carrier.

f

By the acilitie

sporoeldinugctoiofnshinipmraeinlts1oiunitledginrgat

ion of sta expense,

tio

n

!ntegrating traffic and facilities so as to reduce

rail platform expense,cooperat1on resulting in a

reduction of transfers,a reduction of total costs

by eliminating duplication of service wherever

possible,econom1es affected through concentration

at destination of merchandise,all show a great need

for t~e exercise of an efficient economic judgment

on the part of the carriers in reducing the cost of

transportation so as to.permit the rendition of the

service at a reasonable rate.

Without going further into matters of this kind we simply state that in our opinion the record amply supports a finding that the present need of the public and the carriers is for a rate level which will move the traffic; the need of the public for adequate and efficient railway transportation service at the lowest possible coat and the need of the public to have rates that wiil under honest, economic and efficient management,y1eid the carriers a reasonable revenue demand that such needs and methods and practices should be reflected in a reasonable rate level prescribed for the movement of the traffic.

This Commission after a recent hearing on a former rule nisi,in view of its finding that the basic class rate level in Southern Territory should be on the approximate same basis as for Official Territ~ prescribed a scale or class rates for application between points within Georgia which were on the approxtmate level in effect in Official Territory. The carriers tiled suit in the United States Court and obtained a restraining order enjoining the enforcement ot said schedule on the ground that said rates were contiscatory. Subsequently this commission passed an order revoking sai~ rates and also passed an order discharging the rule nisi under which the former hearing was had. It issued the rule nisi under which the hearing as had in this

THURSDAY, jANUARY 24, 1935.

467

case and conducted the hearings in an effort to ascertain an equitable basic class rate level not subject to any constitutional objections. At this hearing much test~ony was introduced,and the Commission's expert introduced voluminous testimony dealing specifically with the various comparative operative results; costs of rendering the service; and numerous items affecting a proper rate level. We have referred to this testimony throughout this opinion,and have carefully considered the entire record jeveloped on this investigation. We feel that we are required to prescribe a ratelevel substantially different from the one which was enjoined,and will do so. We are convinced and it is our deliberate judgment that the schedule which w1ll be prescribed is amply supported by the record in this case,and is just and reasonable from the standpoint of the carriers and is entirely free from any logical and reasonable attack as to its constitutionality. The record in the case before the Commission disclosed the fact that, although the State of Georgia,is primarily and essentially an agricultural state that,from the standpoint of industrial development,it ranks at the top among the southern states and particularly with reference to the development of the cotton manufacturing industry. This industrial development,of necessity,brings about a closer similarity between traffic and transportation conditions in this state and in Official Territory. The traffic movement in this state is therefore not sporadic and unusual. Many of the points of origin and distribution are points of manufacture and industrial development.
The carriers have throughout the hearing stressed their present acute financial condition and have contended that because of this fact the present level should not be disturbed.
In I.c.c. Docket 25,233,which was decided by the Interstate Commerce Commission on January 22,1934, that body said:

468

JouRNAL OF THE SENATE,

"With respect to the question of past unreasonableness,defendants stress their present acute financial condition and contend,in substance,that because of this,they should not be required to pay reparation. A shipper is entitl~d to reasonable rates notwithstanding the financial condition of a carrier".

The carriers have not furnished to us the value of their property allocated and apportioned to the rendition of Georgia intrastate traffic. They explained their failure to do this by stating that their system of bookkeeping and accounting was not kept in such a way as wJuld enable them to make the allocation with reasonable accuracy. Neither did they attempt to make any allocation as to the revenues assignable to traffic movement intrastate in Georgia,nor as to the operating expenses incurred by them in the rendition of this type of service.

We a~e not unmindful of the fact that the carriers have used some system by which they have allocated the portion of their property situated within the State of Georgia for the purpose of tax assessment.

The evidence disclosed that the ten principle

class one carriers operating in Georgia operate a

total mileage of approximately 26,000 throughout

their systems and that of this total,approximately

5,400 miles, are operated in Georgia. The exact

percentage is 20.8.



In the case of

Central of Georgia Ry. v. R.R. Commission of Ala.,
209 Fed., 75.
the u.s. District Court in Alabama seemed to .lay
down the propostition that the valuation of a carrier's intrastate property for the purpose of deterrndning the reasonableness of rates on intrastate business in the absence of definite property

THURSDAY, jANUARY 24, 1935.

469

may be obtained by doubling the values fixed by the state for taxation purposes. On this basis,if the values which these ten principal class one carriers operating in Georgia made their returns to the Comptroller General of this State,are doubled,and that figure should be taken as representative of the fair value of the property located in this State,when the net railroad operating income by these carriers for the year 1933,as taken from the record in this case,1s related to that value,the rate of return would exceed the 5-3/4 per cent. figure which was fixed by the Interstate Commerce Commtssion as the maximum rate of return for railroad carriers during the peak years.
The various carriers,of course,have different methods by which allocations and apportionments of revenues and expenses are made. For certain purposes locomotive miles if the basis used; for other purposes train load miles is the basis used; for certain other purposes the actual figures are used; and in yet other instances the ton mile basis is used.
Regardless of what has been said above,it is cer-
tain that under the evidence in this case,the carriers regard the portion of their m21eage in this State as constituting links in their entire system and that the prime purpose in the operation of the entire system,and that the chief value to its owner~ is found in the through traffic,the intrastate business being incidental only. If these facts are true intrastate traffic should not be burdened in the distribution of transportation expenses and costs.
In giving this matter consideration we have considered the principle announced by the Supreme Court of this State in the case of
Railroad Commission v. L. & N. Railroad co., 140 Ga. 817, 832. We feel that we have been fortified in this position further by the announcement of the same doctrine

470

JouRNAL OF THE SENATE,

in the ~nnesota Rate Cases found in
230 u. s. 352,
57 L.Ed. 1511.
And in the long line of u. s. Supreme Court Deci-
sions following the above named case,we have not only attempted to elicit defin!te,spec!f!c information relative to the carriers intrastate operations during the hearings in this case,but have prescribed a form to be used by the carriers in making their annual reports to this Commdssion in which the definite information has been called for and in spite of all of our efforts the carriers have not furnished the definite,specific figures either as to values,operating revenues,or operating expenses incident to and connected with the rendition of intrastate traffic.
The record iil this case as to values is very indefinite, vague and uncertain for many reasons. The carriers have relied almost exclusively on investment accounts which include not only the investment of the carriers operating the lines but also include investment in leased lines operated including cash working capital,material and supplies. To illustrate the unreliability of such value take, for example,the Central of Georgia Railway. The investment account appeared to have been opened up on a basis of the par value of stocks and bonds which were later sold at much less than that value. This illustration indicates that there is no reliability whatever to be attached to such an investment value as a rate base. Again,in some instances bonds appear to have been sold or exchanged at ridiculously low figures. Rates that will allow sufficient revenue to yield a return on a value based on such bonds of course would be unfair and unreasonable.
Another illustration of the indefinite and unreliable character of the evidence as to values is indicated by the facts and figures which represent the existing depreciation reserve fund. In many

THURSDAY, jANUARY 24, 1935.

471

instances tully fifty or sixty per cent or the entire investment or the carriers in equipment has been recovered by annual charges out or operating expenses to the depreciation reserve fund and in some instances there remains at this time in the accrued depreciation r~serve fund more than 50% or the entire investment or the carrier in equipment.
. or course,any present value or the property or the
carriers would have to be depreciated by whatever existing depreciation there is in the physical property.
Another illustration which might be cited as indicating the uncertainty as to any claimed fair value arises from the tact that the present state ot maintenance or the property or the carriers generally appears to be unsatisfactory. A large percentage or locomotives,rreight cars,etc., are in bad order. A large percentage or such property is not presently used or useful in the rendition or the service by the carrier. Maintenance or way and structures has been deterred to a large extent.
Another illustration arises in the tact that under the present slstem or o~eration by the carrier excessive "dead or "tare weight is required tor the movement or the traffic.
Before any logical reasonable effect could be given to any contention on the part or the carrier as to its claimed right to earn a fair rate or return on the fair value or its property,we are or the opinion and find that a complete readjustment or the entire property and investment account would have to take place.
The evidence or the carriers disclosed that since 1926,in spite or the tact that there had been a general decline in traffic conditions,trattic revenues,and traffic expenses,large investments had been had by a number of the carriers. We have given consideration to that tact and have every reason to believe that the amount of idle equipmen~ especially in rolling stock,is at this time ex-

472

JouRNAL or THE SENATE,

cessive and burdensome. The history of class rates in this state,in our
opinion,and in the light ot the foregoing statements and conclusions attest the unreasonableness ot the present level.
The record in this case,in our opinion,tully ~ substantiates the conclusions hereinbefore stated
and the findings based thereon as to the method upon which a just and reasonable rate can and ought to be determined.
We are convinced that the carriers' attitude with respect to certain commodity rates and truck competitive rates indicates that the experiment thus tar has been successful and has warranted a continuance ot these rates,and we have every reason to believe that the carriers are not now acting with- . out the aid ot accurate and reliable data with reference to these rates. We do not conceive that it is beyond their power to have in their possession available data at all times as to the results ot such rates. These rates have been in ettect tor some considerable period ot time.
We do not consider that because an intrastate rate may not be on the exact level ot interstate rates,that tor that reason the intrastate rate should be condemned as unjust and unreasonable. Reasonableness in rates is not measured by unito~ ity.
We are convincedthat in the distribution ot the transportation burden,the rate structure should be so adjusted as to tairly,equ1table and impartially divide all costs incident to or connected ther~with in the rendition ot the service and in the paying tor it,so as to prevent an undue burden either to the carrier or to the public. That it is not !air, just and equitable tor the carrier to assume all ot the loss or tor the public to carry the entire burden.
We !eel that our position with respect to the

THURSDAY, JANUARY 24, 1935.

473

worth or the service is fortified by judicial in-
terpretation and by regulatory decisions,and should be given effect in determining a proper measure to apply in fixing just and reasonable rates.
We find that the disparity existing at the present time,between railroad lines and the prices or other commodities should be relieved and that a reduction in the existing class freight rates will result in removing at least a part or this disparity.
We are or the opinion that the difference between rates in Georgia and elsewhere are not justified at the present t1me,and that a reduction or Georgia class freight rates will result in industries and enterprises of Georgia using the facilities of the carriers to a greater extent and to their mutual advantage.
We find,upon the consideration of the record in this case,that the present schedules or class rates applicable on Georgia intrastate traffic which were establiShed and which became effective in January, 1928,are grossly unjust,unreasonable,excessive and exorbitant and should be reduced.
We further find that the schedules of rates attached hereto are just and reasonable as basic class rates for application on Georgiaintrastate traffic and are just and reasonable maximum rates which are commensurate with the value or the service rendered by the carriers and which are just and reasonable to the carrier.
An order for the future will be entered in accordance with the above finding.
J.P. Wilhoit Chairman.

474

JouRNAL OF THE SENATE,

July 21, 1934. File - 19231 Docket No. 374-.A IN RE: General revision of Class rates between points within the State of Georgia. Rule nisi before the Georgia Public Service Commission. After consideration of the record in the above stated case,and in accordance with the opinion and findings of this Commlssion,it is ORDERED: That effective on and after August 20, 1934,and until the further order of the Commission, the class rates shown in Appendix "A" and Appendix "B", hereto attached and made a part of this order, shall be the maximum rates to be charged b~ freigh~ tariff Class "A" and freight tariff Class 'B" railroads between points wholly within the State of Georgia and to be used and applied by each of the railroads operating within the State of Georgia in the manner and as hereinafter directed. Freiht tariff Class "A" and freight tariff Class "B railroads are as designated in Appendix "C" attached hereto and made a part hereof. ORDERED FURTHER: That the maximum class rates prescribed in the foregoing order may not be applied in arriving at carload commodity rates now in ef-
fect that are made by a fixed percentage ot the
first class rate,except that where the less carload in the foregoing order results in a lower rating and/or charge and observing the carload m1nimum weight such less carload class rate shall be observed as the maximum carload rate.
ORDERED FURTHER: That the maximum class rates prescribed in the foregoing order shall be subject to Southern Classification ratings as approved by the Comndssion and exceptions to Southern Classification ratings as approved by the Co~ssion,except that where any rule of said Southern Classification conflicts with any rule of this Co~ss1on the rule

THURSDAY, JANUARY 24, 1935.

475

of the Commission shall govern.

ORDERED FURTHER: That the joint rates prescribed 1n the foregoing order shall be divided on the same basts and under the same conditions as prescribed 1n the Comm1ssionts order dated December 7, 1927, ef~ective January 15, 1928, Docket 1641~.

Subject to the further order of the Commission.

BY ORDER OF THE GEORGIA PUBLIC SERVICE CC!'lMISSION.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

APPEND IX 11A"

Maximum Class Rates to be charged by all Freight Tariff Class "A" Railroads for single and joint line application.

Rates in cents per 100 pounds

CLASSES

Distances

1 2 3 4 5 6 7 8 9 10 11 12

5 Miles and Under

30 26 21 17 14 12 11 9 8 7 6 5

10 n n OVer 5 31 26 21 17 14 12 11 9 8 7 6 5

15 It n n 10 33 28 22 18 15 13 12 10 9 8 7 6

20 II
25 It

"II

II II

15 34 29 24 19 15' 14 12 10 9 8 7 6 20 36 31 25 20 17 14 13 11 9 8 7 6

30 II

It

35 It

II

40 II

II

" 45
50 II

II II

n 25 37 32 26 21 17 15 13 12 10 8 7 6 II 30 39 34 28 22 18 16 14 12 11 9 8 7 II 35 41 35 30 23 19 17 15 12 11 9 8 7 It 40 43 37 31 24 20 17 16 13 12 10 9 7 II 45 45 40 32 26 21 18 17 14 12 11 9 8

55 II

It

It 50 48 41 34 27 21 19 17 15 12 11 10 9

60 II

65 II

70 75

""

It
"
It
"

"It

55 50 43 35 28 22 20 17 15 12 12 10 9 60 53 45 36 29 23 21 18 16 13 12 11 9

It 65 55 46 38 30 24 21 19 17 14 12 11 10

" 70 57 48 39 31 25 22 20 17 14 12 12 10

I

!!:j
(J)
'0c-::
:>:!
~
1:"'
0..,
~
tl1 r:J)
ztl1 ~ ..!"
.

Distances

APPENDIX "A" Sheet 2 Rates in cents per 100 pounds
CLASSES 1 2 3 4 5 6 7 8 9 10 11 12

" 80
85 90
95

Minles
n

annd
II
n

OVner
II It

75 59 49 40 32 26 23 21 17 15 13 12 10 80 60 50 41 32 26 24 21 17 15 13 12 11 85 61 51 42 33 27 24 21 18 15 13 12 11 90 62 52 43 34 27 25 21 18 16 14 12 11

" 100 "

It

95 63 54 44 35 28 25 22 19 16 14 12 11

~

c::

110 n

"

It

" 120
130 II

II II

n"

100 65 55 45 36 30 26 23 20 17 15 13 12 110 68 58 47 37 31 27 24 21 17 15 13 12 120 70 59 49 39 32 28 25 21 17 16 14 12

~"rn'
.~-_<

" 140
150 11

""

It II

130 73 62 51 40 33 29 26 21 18 17 15 12 140 75 64 53 41 34 30 26 22 19 17 15 13

>cz::
>

" 160
170 II

11
"

II II

" 180
190 II

200 -

"

"II "

II
"II

150 78 66 54 42 35 31 27 23 20 17 15 13 160 80 67 55 43 35 31 28 24 20 18 16 14 170 82 68 57 44 36 32 28 2A 21 18 16 14 180 84 70 58 45 37 33 29 25 21 19 17 15 190 85 72 59 46 38 34 30 26 21 19 17 15

"-<'
~~
....
w~ ?'

210 II

220 II

230 240

"

" "II
It

II
n
II
n

200 86 73 60 47 39 35 30 26 21 19 17 15 210 88 74 61 48 40 35 31 26 22 20 17 15 220 89 76 63 49 40 35 32 26 22 20 17 15 230 91 78 64 50 41 36 32 27 23 21 18 16

260 It

"

It

240 94 80 66 52 42 38 33 28 24 21 18 16

280 n

n

II

260 97 83 68 54 44 39 34 29 25 22 19 17

~
-..J

Distances

300 320 340 360

Miules
u
II

and It u 11

Over It
n


380 n

n

n

400 420 440

""11

It tl tl

tl
tt
n

460 "

It

It

Sheet 3 APPENDIX "A" .p.

Rates in cents per 100 pounds

~

CLASSES
T 2 3 4 b 6 7 8 9 10 11 12

280 101 86 70 55 45 40 35 30 26 22 19 17

300 104 88 73 57 47 41 36 31 26 23 20 18

320 107 92 75 59 49 43 38 32 27 24 21 19

340 111 94 78 61 50 45 39 33 28 25 21 19 ._

360 114 97 80 63 51 45 40 34 29 26 22 20 0c::

:;.:1

380 117 100 82 64 53 47 41 35 30 26 22 21

~

400 120 101 84 66 54 48 42 36 30 27 23 21

t"'

420 122 104 86 67 55 49 43 36 31 27 24 21

0 '"I

440 125 106 87 68 56 50 44 37 31 28 25 22

@

til

en
til
..~
til

'

APPENDIX B 11 11

Maximum Class Rates to be char~ed by all Freight Tariff Class B 11 Railroads for single and joint line application.

Rates in cents per 100 pounds.

ClASSES

~
~

Distances

1 2 3 4 5 6 7 8 9 10 11 12

"~""'

5 Miles and Under

10 It

II Over

15 n

20
25

""

"II "

a" "

" 30
35 It

40 45

II
u

II
" "II

I""t
II

39 35 28 23 18 16 14 12 10 9 8 7 5 40 35 28 23 18 16 14 12 10 .9 8 7 10 44 38 30 25 21 18 17 13 12 10 9 8 15 45 38 31 25 21 19 17 14 12 11 9 8 20 47 41 34 26 22 19 17 15 12 11 9 8 25 49 42 35 28 22 20 17 15 13 11 10 8 30 51 45 37 29 23 2r 18 15 13 12 10 10 35 53 46 38 30 24 22 19 16 14 12 11 10 40 57 50 42 32 27 23 21 17 15 13 12 10

w'<
~z
~
>
"-<'
-w~
:~n

50 It

II

II

45 59 52 42 34 28 24 22 18 16 14 12 10

55 60

II
n

"II

It
u

50 63 54 45 36 28 26 23 19 16 15 13 12 55 65 56 45 36 29 26 23 20 16 15 13 12

65

It

70 n

II It

"II

60 68 58 47 37 30 28 24 21 17 16 14 12 65. 72 61 50 40 31 28 25 22 18 16 15 13

75 "

II

II

70 74 62 51 40 32 29 26 22 18 16 15 13

~

(()

Sheet 2. APPENDIX "B" ~

Rates in cents per 100 pounds.

0

Distances

CLASSES
l 2 3 4 5 6 7 8 9 10 11 12

80 Miles and Over

85 n

90 95

n"

100 "

"11 ""

n
"""

75 76 63 52 41 33 30 26 22 19 17 15 13 80 78 66 54 43 35 31 28 23 20 17 16 14 85 79 66 55 43 35 31 28 23 20 17 16 14 90 80 67 55 44 35 32 28 24 20 18 16 14 95 81 69 57 45 36 33 28 24 21 18 16 14

._
0c:

110 120 130

"n
n

n
II 11

140 n

II

150 II

It

n
n


100 83 70 58 46 38 33 29 25 21 19 16 15 110 86 73 60 . 47 39 34 30 26 21 20 17 16 120 90 76 64 50 41 36 32 27 22 21 18 16

II 130 93 79 65 50 42 37 33 27 23 21 . 19 16

11 140 96 82 67 53 43 39 33 29 24 22 19 17

z)11:1 >
t"'
.0.,
~
til

U'l

160 n

170 180

"n

190 n

200 II

"It
II
"n

n n

150 99 84 69 53 45 39 34 30 25 22 19 17 160 103 86 71 55 46 41 36 31 26 23 21 18

"It

170 105 88 73 57 46 41. 36 31 26 23 21 18 180 107 90 74 58 47 42 37 32 27 24 22 18

" 190 109 92 76 59 49 43 38 33 27 24 22 19

til
~
.!"

210 u

It

It

200 110 94 77 60 50 44 39 33 27 25 22 19

220 "
230 II 240 II 250 II

II
II II II

II
II II II .

210 112 95 78 220 115 98 81 230 117 100 82 240 120 102 84

62 51 45 40 33 28 64 51 46 41 34 29 64 52 46 41 36 29 66 54 48 42 36 30

25 26 27 27

22 19 22 19 23 21 23 21

Sheet 3. APPENDIX B 11 11 Rates in cents per 100 pounds.

CLASSES

"Distances
--

1 2 3 4 5 6 7 8 9 10 11 12

260 Miles and Over 250 121 103 85 67 54 48 42 36 31 27 23 21

Z70 280 290

""n

n
"n

""It

260 124 106 87 69 56 50 44 38 32 28 24 21
ZlO 124 106 87 69 56 50 44 38 32 28 24 21
280 128 109 89 70 57 51 44 38 32 29 25 22

300 It

It

It

290 131 111 91 72 58 52 45 39 33 29 25 2Z

~
c::

:<1

310 II 320 It
330 "
340 11 350 II

It
"

n n

300 134 114 94 74 60 53 47 40 33 30 26 23 310 134 114 94 74 60 53 47 40 33 30 26 23

II
"II

"II
It

320 137 117 96 75 62 55. 48 41 33 31 27 24 330 139 119 97 76 63 56 49 42 34 31 27 24 340 143 121 100 78 65 57 50 43 36 32 27 25

"~ '
.~-_<
>c>z:: :-<<1

360 " " 370
380 It

II II II

It II
n

350 143 121 100 78 65 57 50 43 3o 32 27 25 360 146 125 102 81 66 58 52 44 37 33 28 26 370 147 125 103 81 66 58 52 44 37 33 28 26

-J~
~

390 II
400 "

II
"

"II

380 150 128 106 82 68 60 52 45 38 33 29 27 390 150 128 106 82 68 60 52 45 38 33 29 27

P'

410 II

n

II 400 153 129 107 84 69 61 53 45 39 34 30 27

420 It 430 n 440 II

"It
n

II It
,",

410 155 131 108 85 70 62 54 46 39 35 30 28 420 157 134 110 87 70 63 55 47 40 35 31 28 430 157 134 110 87 70 63 55 47 40 35 31 28

450 It 460 II

It tt

n

440 160 136 111 87 72. 64 56 48 40 36 32 29 450 161 137 112 89 72 65 56 48 40 36 32129

~

I-'

482

JouRNAL OF THE SENATE,

APPEND IX B II II Sheet 4.

To construct rates for Joint Line application between Frei~ht T::Lriff Class A 11 11 Lines and Freight Tari.ff Class B" Lines;also between Freight Tariff Class "A" Lines and Tybee Branch of Central of Georgia Railway~the following maximum differentials may be addedt(for actual distance over Class "B" Line or Lines, to the first class rate shown on Appendix "A" and all other classes related to first class on percentage shown below.

Differentials.

Distances

First Class

Distances

First Class

10 miles and under 13 120 miles and over 80 27 25 miles and over 10 15 140 miles and over 120 30 40 miles and over 25 17 160 miles and over 140 32t 50 miles and over 40 20 190 miles and over 160 34 65 miles and over 50 22 ~0 miles and over 190 36 80 miles and over 65 24 350 miles and over 220 39

In prov

computing ided by_Fr

eriagthetsR1 furlaecNtioo.n

s 8

.

t

o

be

disposed

of

as

"APPENDIX "C"

CLASSIFICATION OF RAILROADS

Freight Tariff Class "A" Railroads:

Alabama Great Southern Railroad Company

AAttllaannttaic1 BC1ronadsntghLaimneanRda

Coast ilroad

Railway Company

Company

Atlanta and West Point Railroad Company

Central of Georgia Railway Company

Charleston and Western Carolina Railway

Georgia Railroad

Georgia Southern and Florida Railway Company

Lexington Terminal Railroad Company

Louisville and Nashville Railroad Company

THURSDAY, }ANUARY 24, 1935.

483

Freight Tariff Class "A" Railroads:

Monroe Railroad Company Nashville,Chattanooga and St.Louis Railway Company
(Western & Atlantic Railroad)
SHeaebnoryarwd .AAirndLeirnseonR, aRilewcaeyivCeors. ) (L.R. Powell Jr. &
Southern Railway Company

Freight Tariff Class "B" Railroads:

Bowdon Railway



Gentral of Georgia Railway co.(Tybee Branch Sta-

tions only)

Collins and Glennville Railroad

Elberton and Eastern Railway

Flint River and Northeastern Railroad

Gainesville Midland Railway

Georgia,Ashburn,Sylvester and Camilla Railway

Company
Gwe.orPguiarvainsd,RFelcoeriivdearsR) ailway

(w.v.

Griffin

and

H.

Georgia Northern Railway

Georgia,Southwestern and Gulf Railroad

Greene County Railroad

Hartwell Railway Company

Lakeland Railway

.

Louisville and Wadley Railroad

Macon,Dublin and Savannah Railroad

Milstead Railway

St.Marys R.R.

Sandersville Railroad

Savannah and Atlanta Railway

Savannah and Statesboro Railway

Shearwood Railway

South Georgia Railway

Statesboro and Northern Railway Company

Sylvania Central Railway Company

Talbotton Railroad

Tallulah Falls Railway

Tennessee,Alabama and Georgia Railroad

Wadley Southern Railway

Washington and Lincolnton Railroad

Wrightsville and Tennille Railroad

484

JouRNAL or THE SENATE,

EXHIBIT 11 J" DOCKET 309-A FILE 19227 IN RE: Revision of Rates on Petroleum and Petroleum Products Between Points in Georgia. BY THE COMMISSION: Upon a complaint filed by the Standard Oil Company of Kentucky, the Gulf Refining Company and the Atlantic Refining Company,on the 19th day of January,l934,alleging discrimination in the rates on Petroleum and products thereof moving Intrastate in Georgia against the Interstate movement on the same commodities from the territory known as New Orleans Baton Rouge Group,the Commission issued its nisi to all Rail Carriers operating within the State of Georgia to answer said petition and scheduled the hearing for January 26th, 1934. The hearing was continued from January 26th and was taken up on March 13th, 1934. Between the date of the petition filed by the Standard Oil Company,the Gulf Refining Company and the Atlantic Refining Compa.n.v,and the date of the . hearing,other Oil Companies operating within the State of Georgia intervened in said case. At the hearing held on March 13th, 1934, Traffic Representatives of the Oil Companies operating. within this State and all Rail Carriers were present and both subndtted testimony tor consideration by the Coemdssion in the matter of rates to,from and between points in Georgia on Petroleum and Petroleum products. A voluminous record of oral testimony and many exhibits were filed by complaintants and defendants in said matter. The case was concluded on March

THURSDAY, jANUARY 24, 1935.

485

14th,the record ordered closed,all parties having answered that they had no further testimony to offer and the Commdss1on took the matter under advisement.

The CoDml1Ss1on now has before it for consideration, the entire record made in said investigation and now proceeds to make its findings and issue its order thereon as 1t relates to Petroleum and products thereo:r.

The record discloses with reference to the allega-

tions of discrimination and the extent of the dis-

crimination in the existing rates !rom Brunswick,

Port Wentworth and Savannah certain pertinent facts

clearly set out 1n compla1nantts EXhibits 1,2,5,11,

12,13 and 15 by Witness Beck.



We find from the record that shipments have been regularly made from New Orleans-Baton Rouge District into Georgia 1n competition with shippers from the Georgia Ports of Brunsw1ck,Port Wentworth and Savannah.

Complainant's Exhibit 19 clearly shows the ability o:r Baton Rouge ~o ship to a Georgia point at a lower rate than distributors located 1n Georgia can ship for similar distances. An instance of this 1s

"Baton Rouge can ship to Columbus,Georgia,a distance o:r 488 miles for 41,wh1le for the maximum distance intrastate 1n GeorgiaL460 miles, the rate 1s 44, or 3 higher. The interstate movement tor 488 miles 1s 41 as against the Georgia intrastate rate of 41 for 360 miles."

The record falls to disclose any real or substantial reasons for the dispensatory 1n the rates as portrayed by complainant's Exh1bi ts .

The testimony offered at the hearing discloses that the Oil Companies have made large investments at the Georgia Ports above referred to !or the manufacture and/or distribution of Petroleum and

486

JouRNAL oF THE SENATE,

products thereof Intrastate throughout Georgia. It also appears from the record that unless reliet
is granted,that the investment at the Ports within the State of Georgia which have been made by the Oil Companies for the purpose of serving points within the State are jeopardized by reason of the competition from the New Orleans-Baton Rouge Territory and from Refineries in the Southwest.
The Commission finds that the present Georgia Intrastate rates are unjust and unreasonable and the discriminatory nature of the existing rates on . Petroleum products within the State of Georgia, if continued,w111 stiffle the traffic on Petroleum and Petroleum products Intrastate in Georgia and will destroy the value of the properties of the Oil Companies located at Brunswick,Port Wentworth and Savannah and will force the Oil Companies to resort to other methods of transportation of their products and will result in considerable loss of revenue and tonnage to the carriers.
The Commission further finds that the rates set out in Appendix "A" hereto attached will be compensatory to the carriers and remove the existing discrimination which has been pointed out in this opinion.
An order in accordance with the findings herein will be entered.
This the 26th day of July, 1934. J.P. Wilhoit Chairman.

THURSDAY, jANUARY 24, 1935.

487

July 26th, 1934.

FILE -19227 DOCKET NO. 309-A

IN RE: Revision of Rates on Petroleum and Petroleum Products Between Points in Georgia.

After consideration ot the record in the above stated case,and in accordance with the opinion and findings of this Commission,it is,

ORDERED: That effective on and after August 31st, 1934, and until the further order ot this Commission, the rates shown on Appendix "A" attached hereto and made a part of this order shall be the maximum rates to be charged tor the transportation of Petroleum and products the~eot in carload quantities by all rail carriers in Georgia.

ORDERED FURTHER: That the joint rates prescribed in the foregoing order shall be divided on the same basis and under the same conditions as prescribed 1n the Commdssionrs order dated December 7th, 1927, effective January 15th, 1928, Docket 16415.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.
APPENDIX An

PETROLEUH AND PETROLEUH PRODUCTS, CARLOAD

Rates in Cents per 100 pounds

MILES

LINES

A

B

5

9

11

10

10

12

15

11

14

488
MILES
20
25
30
35
40
45
50 55 60
65
70 75 80
85
90 95 100 110 120 130 140 150 160 170 180 190 200 210 220 230
2A:O

jOURNAL OF THE SENATE,

APPEND IX A It II
CONTINUED

LINES

A

B

11

14

12

15

13

16

13

16

14

16

15

18

15

19

16

20

17

21

18

22

18

22

19

23

19

23

20

25

20

25

20

25

21

26

22

26

23

Z7

23

28

2A:

29

25

30

26

31

26

32

Zl

32

28

34

28

34

29

35

29

35

30

37

30

37

THURSDAY, jANUARY 24, 1935.

489

MILES

APPENDIX "Aa CONTINUED
RATES

A

B

250

31

37

260

31

37

Z70

32

38

280

32

38

290

34

40

300

34

41

310

35

42

320

35

42

330

36

43

340

36

44

350

37

45

360

37

45

370

38

46

380

38

46

390

39

47

400

39

47

410

40

49

420

40

49

430

41

50

440

41

50

450

42

51

460

42

51

EXHIBIT "K"

DOCKET No. 202-A

FILE 15419

IN RE: PASSENGER FARES BETWEEN POINTS IN GEORGIA

BY THE COMMISSION:
The Commission on January 12, 1934, issued its

490

JouRNAL oF THE SENATE,

rule nisi directed to all rail carriers in Georgia requiring them to show cause on February 13, 1934, why all passenger fares in Pullman cars and day coaches,which are the maximum fares prescribed by this Commission to be collected on Georgia intrastate traffic,should not be reduced.
Hearings under said nisi were begun,under order of the Commission,on February 19,1934,and continued through February 21st. Further hearing was had on March 15,1934 antl the record closed as to this rule nisi. The present maximum passenger fare rate prescribed for rail carriers in Georgia is 3.6 per mile.
Certain differentials were prescribed for short line railroads,however,it appears that these short line railroads have voluntarily abandoned the differentials and appear as giving effect to the same tariff rates as were generally prescribed under the order fixing the 1ate at 3.6 per mile. The effective date of the 3.6 rate was August 26, 1920.
It is unnecessary to recite the reasons for the fixing of the rate now in effect as it is common knowledge that the rate was a very substantial increase over the rate that had been in effect for several years prior thereto and the increase was granted on account of the fact that prices of all commodities,materials and labor had reached a level where the regulatory bodies authorized the increase to meet the then existing conditions.
The Commdssion on the present hearing developed a rather voluminous record showing the history of the rate and the present condition of the carriers. It was thoroughly demonstrated on this hearing that the carriers had reached the place that passenger revenue,due to falling off of passenger traffic,had severely declined and had reached the lowest point in railroad history. Two important elements have entered into this decline in passenger traff1cone,the financial condition of the travelling publi~

THURSDAY, jANUARY 24, 1935.

491

and the other,competition by both regulated motor traffic and private automobiles. The record shows that over the period between 1926 and 1932 the ten principle carriers in Georgia,operating under the prescribed maximum tares decreased sixty-eight per cent. in the number of passengers transported and seventy-one and eight-tenth$ per cent. in revenue collected. Figures were not presented for the year 1933, The record tends to show,trom testimony by the carriers,that the decline continued on into the year 1933.

This condition became so alarming to the responsible officials of the carriers operating in Southern Territory that they applied to the Interstate Commerce Commission tor the privilege of installing experimental tares at a rate of li per mile in day coaches,3e per mile in Pullman coaches with round trip privilege of 2 per mile in Pullmans. This permission was granted by the Interstate Commerce Commission and like applications were filed and approved by the various State Commissions in Southern Territory,including this Commission. This experimental or reduced tare was inaugurated for a period of six months endlng May 31, 1934. The carriers have now experienced the result of three months' operations under this reduced tare; December, 1933, January and February, 1934. A tabulation of these mreasrkueldts1Eixnhsiobfiat rAa"s. ascertainable,is hereto attached

th

eTherecCoormdmmiassdieo,n~haisnkas

result of this hearing and of it has been demonstrated be-

yond any doubt that the present maximum passenger

tare rateB are excessive,unreasonable and unjust

both as related to the public and to the carriers.

It appears that this fact was recognized by the

carriers voluntarily filing tariffs for much lower

tares and that this action on their part is a

virtual admission that the fares are too high and

should be reduced.

It appears from the testimony ot responsible officials of the carriers that a reasonable rate is

492

JouRNAL oF THE SENATE,

such a rate that attracts and moves the traffic in commerce. Measured by this definition,a reasonable rate must be much lower than that now in effect.
The Commission is charged by law with the duty of inquiring "from time to time and as often as the circumstances may require11 into the rate schedules and 1f it finds unfair and unreasonable rates,change and revise schedules of rates. The inquiry has been made,and in the opinion of the Commdssion,the circumstances require such revision in maximum passenger fare rates in the nature of reductions as will fix reasonable rates within the meaning of the law.
The Commission knows that while the element ot competition very largely enters into the falling off of passenger travel above referred to,at the same time the very severe depression existing throughout the territory has also had its effect upon the carriers' revenue. The extraordinary loss in n~er of passengers hauled is also indicative of the worth of the service under existing rates. The service afforded the public by the rail carriers is one of great importance and such as is to be fostered if satisfactory communication facilities are to be afforded the public. The desire to use .this service is conclusively shown by the return of the public to its use under the so-called experimental rates.
Upon a consideration of the record and all relevant facts and circumstances,the Commission is of the opinion~and so finds,that a maximum passenger fare rate o~ 2 per mile intrastate in Georgia is fair,reasonable and just both to the public and the carr1ers,and .ls commensurate with the value of the service and will afford an adequate return to the carriers for this class of service. The Commission desires to enco' urage the carriers in their efforts to fi~d a solution of their passenger service problems and believes that a stable basis of passenger fares should be establish-

THURSDA'.', JANUARY 24, 1935.

493

ed without undue and prolonged experimentation. The Commission bas no desire to usurp managerial control of the carriers and nothing in this opinion or the order thereon is to be construed or taken as hampering the carriers in the experiment under way,or any other experiment that inures to the benefit of the public.

An order will be taken in accordance herewith.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMNITSSION.

This,the 16th day of March, 1934.

J.P. Wilhoit Chairman.
EXHIBIT "A" STATEMENT SHOWING INCREASE OVER CORRESPONDING PERIODS PREVIOUS YEAR OF NUMBER OF PASSENGERS CARRIED AND INCREASED REVENUE RECEIVED BY PRINCIPAL CARRIERS OPERATING IN GEORGIA FOR DECEMBER JANUARY AND FEBRUARY (FIRST THREE MONTHS A?I'ER INTRODUCTION OF VOLUNTARY REDUCED FARES)

Name o-r Railroad

December.
Increased Passen- %Increase< Increased %Increased gers PassengerE Revenue Revenue
Carried

A.G.S.

16,862

A.B.C.

3.,345

A.C.L.

cA..&oWf .aP.a&.W. 8,744

C.N.O.& T.P.

F.E.C.

Ga. RR.

4,098

G.S.& F.

6,189

L.& M.&

No..

N.c.& st.L.

N.O.& N.E.

S.A.L.

Sou.Ry.

223,078

107.41
83.:?!3 83.63
66.25 137.50
97.47

$1,294.52

331.00

D 995.00

2,626.29

4,574.00

D 246.09

D7 D

1

698.00 654.40

2.851.07

011,295.00

2,775.00

D26 1,278119..3090

8,346.37

D 313.58

2.68 5.47 D 0.30 8.18 5.40 0.35 D 7.30 D 4.01 13.31 D 2.60 10.40 D 8.90 11.04 3.08 D 0.04

494

JouRNAL OF THE SENATE,

EXHIBIT nA,.
Continued

January :

Name of Increased

Railroad Passen- %Increased Increased %Increased

gers Passengers Revenue Revenue

Carried

A.G.S.

4,152 149.80 $3,368.50 11.18

A.B.C.

3,100 117.07

207.00 5.34

A.C.L.

44,422.00 8.80

A.& W.P.& W.7,951

90.04 1,476.39 4.70

c.of Ga.

6,476.27 8.00

C.N.O.&T.P.

3,354.94 5.36

F.E.C.

24,581.00 14.10

Ga.RR.

3,Z37

G.S.& F. 5,328

72.53 121.42

Dl

1

614.63 180.74

D 12.60 0.67

L.& N.

11,762.00 3.10

M.& O.

2,848.00 15.40

N.C.& St.L.

751.00 1.10

N.O.& N.E.

2,349,05 17.84

S.A.L.

77,520.00 27.85

Sou.Ry. 195,088 109.30 59,998.20 10.75

February:

Name of Increased Railroad Passen- %Increased Increased %Increased
gers Passengers Revenue Revenue Carried

A.G.S. E 13,148

A.B.C.

5,562

A.C.L.

A.& W.P.&W. 11,611

C.of Ga.

C.N.O.&T.P.

F.E.C.

Ga.RR.

4,498

G.S.& F. E 5,820

L.& N.

M.& O.

N.C.& St.L.

159.06 301.13

$2,794.59' 1,465.00 5,032.07
10,468.00

10.12 51.91 19.36 12.53

123.13

403.49 3.93

148.85 E 31 814.57 16.28

THURSDAY, JANUARY 24, 1935.

495

EXHIBIT "A" Continued

February: Continued.

Name of Increased Railroad Passen- %Increased Increased %Increased
gers Passengers Revenue Revenue Carried

N.O.& N.E4
S.A.L. Sou.Ry. ~169,507

99.48

EE7798,,411958~145tt

28.64 16.38

D - Decrease E - Estimated (Actual figures are not available;
however,testimony shows that estimates are always under actual figures)

These are only figures made available to the Com-

mission for this comparison.



March 16th, 1934.

Docket No. 202-A

File - 18931 - 15419

IN RE: MAXIMUM FARES TO BE CHARGED BY RAIL CARRIERS FOR TRANSPORTATION OF PASSENGERS BETWEEN POINTS WITHIN '!'HE STATE OF GEORGIA

Upon consideration of the record in the above

stated case and of evidence submitted at the hear-

ings had thereon, it is,



ORDERED: That effective on and after April 20th, 1934,and until further ordered by this Commission, the maximum tares to be charged by the carriers, shown on Appendix "A11 hereto a ttacheC. and rrade a part hereof,for the transportation or passengers over the lines of said carriers between points with-

496

JouRNAL OF THE SENATE,

in the State of Georgia for single,joint or interline application:

2 cents per ndle for one way passage. (To in no

wise affect any lesser charge now in effect volun-

tarily by the carriers.)



ORDERED FURTHER: that the maximum fares prescribed in the foregoing order shall be subject to the Commission's Passenger Rules Numbers 1 to 20 inclusive, as reported in pages 92 to 104 of the Commission's 60th Report.

ORDERED FURTHER: that all carrlers. shown in Appendix "A11 ,attached hereto and made a part hereof, shall sell through tickets from point of origin to point of destination good for passage over one cr more lines of said railroads based on the mileage fares prescribed in the foregoing order and the charges for any joint or inter-line fares shall be divided between all interested carriers by prorating on basis of mileage traveled over each of said railroads.

The basts for d1v1d1ng the joint or inter-line tares prescribed herein is not intended to prohibit interested carriers from agreeing among themselves on any other divisions of joint or interline tares that may be satisfactory to all carriers interested.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.
APPEND :tx "A"

LIST OF CARRIERS OVER WHICH MAXIMUM PASSENGER FARES PRESCRIBED IN ATTACHED ORDER SHALL BE APPLIED

Alabama Great Southern Railroad Company Atlanta,Birmingham & Coast Railway Company Atlantic Coast Line Railroad Company

THURSDAY, jANUARY 24, 1935.

497

APPENDIX "A" Continued

Atlanta & West Point Railroad Company Bowdon Railway Central of Georgia Railway(H.D. Pollard,Receiver) Charleston & Western Carolina Railway

Collins & Glennville Railway

Elberton &Eastern Railroad

Flint River Gainesville

& Northeastern Railroad Midland Railway (Gordon

c.

Carson,

W.B.

Veazy - Receivers)

Georgia Railroad

Georgia,Ashburn,Sylvester Georgia & Florida Railway

&(wC.va.mGillraiffRinai,lHw.aWy.

Company Purvis,

Receivers)

Georgia Northern Railway

Georgia Southern & Florida Railway Company Georgia Southwestern & Gulf Railroad (W.M. Legg, Receiver) Greene County Railroad Hartwell Railway

Lakeland Railway Lexington Terminal Railroad Company Louisville &Nashville Railroad Company Louisville &Wadley Railroad

Macon Dublin and Savannah Railroad Milstead Railway Monroe Railroad Company Nashville,Chattanooga & St.Louis Railway (Western &Atlantic Railroad)

St. Marys Railroad Sandersville Railroad Savannah & Atlanta Railway (Chas.E. Gay Jr., Receiver)
Swea. bAoanrdderAsoirn,LR1enc~eiRvearilsw).ay (L.R. Powell Jr., & Henry
Shearwood Railway

498

JouRNAL OF THE SENATE,

APPENDIX "A"
Continued Southern Railway Company South Georgia Railway Statesboro & Northern Railway Sylvania Central Railway Company Talbotton Railroad Tallulah Falls Railway (J.F. Gray, Receiver) Tennessee,Alabama & Georgia Railroad Wadley Southern Railway Wrightsville &Tennille Railroad EXHIBIT "L11
File No. 18,057 March 27, 1934. IN RE: General revision of Class rates applied by motor carriers of freight and/or property between points within the State of Georgia. BY THE CO~SSION: The Georgia Public Seryice Commission on its own initiative issued its rule nisi on February 7,1934, directed to all motor carriers in the State to show cause why the present class rates now being charged tor the transportation on freight and/or property within the State or Georgia should not be reduced. The said nisi had attached thereto a schedule of rates and the said motor carriers were ordered to. show cause why the rates shown on said schedule should not be made effective on Georgia intrastate traffic. Hearings on the rule were begun on March 12,1934,according to the original notice and rule nisi. The motor carriers were present at said hearings

THURSDAY, jANUARY 24, 1935.

499

and offered testimony and gave information concerning said rates and were cross examined by this Commission and the matter was fully gone into and the hearing concluded.

The testimony offered by the carriers at these hearings was general in its nature and dealt with existing operating conditions,costs and expenses.

The present schedules of class rates,fares and charges in effect for transportation by motor common carriers of property are those prescribed by this Commission on August 10,1932,in file No. 18,057. These schedules have been in effect since Septemb~r 1, 1932,and apply to all motor carriers of freight subject to the Motor Common Carriers Act of 1931 between all points within the State of Georgia.

In its ord~r of August 10, 1932,the Commdssion provided that the class rates and charges then prescribed should be appll'ed to the classification ratings which it set forth in Appendix "D" attached to that order. The order further provided that the rates and charges so prescribed and applied shall be subject to and be governed by the general rules of the Commission set forth in Appendix "B11 attached to said order.

The Commission has considered the question of the

classification basis used in that order,and as was

shown by the motor carriers at the hearing,that

basis of classification was not in accord with the

Southern Classification basis used by rail carriers.

That the general effect of this difference in the

two bases of classification ratings results in a

lack of ~iformity of the classification of property

which the public has for shipment and results in a

more complex rate structure.



The Connnission from its study of the rates and classifications is of the opinion that the use of a uniform classification basis tor all carriers both rail and motor,wlll simplify and lend uniformity which will be of benefit to the shipping public.

500

JouRNAL OF THE SENATE,

Therefore,a proper order will be entered making the Southern classification ratings now applicable for rail carriers the basis of classification for freight or property offered for shipment by motor carriers between points within the State of Georgi~
The existing rates and charges now in effect and now being charged by motor carriers for the transportation of property between points in Georgia are definitely related to the level of rates which were in effect for rail carriers at the time they became effective. The relationship was not only comparable but the Commission is of the opinion that,in order to give proper effect to the policy establishing an adequate trai1sportation system, the general level of rates for application of all carriers,whetherrail or motor,should be in harmony, as the two types of service are competing for the movement of the same articles.
Under the statute,this Commission is charged with the duty of prescribing maximum and minimum just and reasonable rates,fares and charges for transportation by motor common carriers of property and t9r all services rendered by motor common carriers in connection therewith. This duty is coincident with its duty under the mandate of the law to pre~ scribe just and reasonable rates for rail carriers.
We have recently prescribed a schedule or rates for rail carriers for general application on the transportation of property between points within the State of Georgia. This schedule of rates so prescribed for rail carriers is in harmony with the schedules attached to the rule nisi in the case now under consideration. As we said in the rail carriers class rate order,herein referred to,this schedule of rates is almost identical with the schedule of class rates now in effect in the Northern States (Official Territory).
Not only does the record in this case indicate, but the various decisions of the courts,commissions and regulatory bodies,all show that the movement of

THURSDAY, JANUARY 24, 1935.

501

traffic by motor carriers has rapidly increased during the past two or three years. This evidence likewise discloses the fact that this type of transportation service is not only nationwide,but permanent. Indeed,it is a matter of common knowledge, that motor carriers are not only operating in competition-with rail carriers in the Northern States referred to,but,under the existing class rates which prevail in that territory,motor carriers have been able to continue and extend their lines and to increase the volume of their business.

Coordinator,Joseph B. Eastman,in his report of

March 22~1934,said that the highway tonnage for the

year 193~ reported in returns to the motor truck

qu of

estion these

naire retur

was ns

i

n32t1h2e601li0g0h0,t

and in of the

consideration returns to the

shippers questionnaire indicates a total highway

L.C.L. tonnage of about and highway merchandise

4to0n1 n0a0g0e1

000 of

and a
about

total rail 60,ooo,ooo.

He stated that this summary of.the motor truck

questionnaire included returns of 148 private haul-

ers,71 contract haulers and 214 common carriers,the

la ci

tter ope al Mo~or

ra F

ting reig

4 ht

1

668 v Guide

ehic No.

l

es 111

,

and issu

th ed

at t in

he "OffiDecember,

1933,lists vehicles.

1,102 truck Mr. Eastman

lines operating states:

181 031

11 In 1932,the volume of merchandise handled by highways was more than twice that transported in rail L.C.L. service. Over onehalf of this highway tonnage was transported distances in excess of fifty m1les. 11

We have considered somewhat at length in our study of this case the conditions under which motor carriers are operating in this state and elsewhere. The existing conditions in Georgia are as favorable as elsewhere in the South,and are far more favorable than existing conditions in Northern States. The highways of Georgia have in the past few years been vastly improved and now favorably compare with highway conditions eslewhere. From the standpoint of topography this State has an advantage over Official

502

JouRNAL OF THE SENATE,

Territory. This advantage is reflected in highway transportation in increased mileage thereby lessening the cost of operation.
Georgia's mild climate permits operation on its highways every day in the year and without the serious handicap resulting from the more severe winters,snows and ice of the North.
In Georgia,there is no transportation reason, insofar as we have been able to find,to warrant the assumption that the operating conditions of motor carriers in Georgia are not as favorable as elsewhere. The Commission,therefore,finds that the rates and schedules prescribed August 10,1932,are unjust,unreasonable and excessive and should be reduced to conform to the level prescribed in the schedule attached to the rule nisi.
We further find that the schedule referred to and which was attached to the rule nisi in this case, when ayplied on the basis of classification to be prescribed,to wit: Southern Calssification ratings, with exceptions,are just and reasonable for application as minimum class rates for motor C?rrier transportation between points within the State of Georgia.
The nature of this type of service is such as to make it a complete service,extending from the shippers' to the consignees' door and covers pickup and delivery. This,at least in some measure,likewise results in a more valuable service,both from the standpoint of the time element involved,and from the standpoint of convenience. The complete merchandise service,the flexibility of the service which makes it more closely adapted to the needs of the customers,and the lessened time element,all render this type of service more valuable and makes it necessary for us to prescribe a differential to compensate for this additional service.

THURSDAY, jANUARY 24, 1935.

503

An order tor the future will be entered in accordance with the above findings.
J.P. Wilhoit Chairman. Docket No. 18,057 March 27th, 1934. IN RE: General revision or Class rates applied by motor carriers or freight and/or property between points within the State ot Georgia. BY THE COMMISSION: After consideration or the record in the above stated case,and in accordance with the opinion and findings of this Co~ssion,it is ORDERED: that effective on and after May 1st 1934, and until the further order or the Conmdssion,the class rates shown in Appendix "A" hereto attached and made a part or this order shall be the minimum rates to be charged by motor carriers tor single and joint hauls between points wholly within the State or Georgia and to be used and applied by each or the motor carriers or freight operating within the State or Georgia and as hereinafter directed. ORDERED FURTHER: that the maximum rates tor motor freight carriers shall be Seven (~) per centum above the rates shown in Appendix A". ORDERED FURTHER: that the class rates prescribed in this order shall be subject to the less carload Southern Classification ratings as approved by this Comrrdssion tor rail carriers except that where any rule or said Southern Classification conflicts with any rule ot this Comndss1on,and-in the event or such a conflict the rule or this Commission shall govern. ORDERED FURTHER: that rules 1 to 23 inclusive ot

504

JouRNAL oF THE SENATE,

this Commission issued August lOth, 1932, in Docket 18057,shall remain in full force and effect and shall take precedence over any rule in conflict therewith.

ORDERED FURTHER: that new rules shall be added to said rules to become effective as a part of this order,the first to be known as Rule 24,which reads as follows:

Unless otherwise authorized by the Commission rates shall be charged and computed by using the most direct State highway mileage between point or origin and point of destination or shipments; distances to be computed according to the official State highway mileage.

Rule 25 shall read as follows :

Joint rates between motor freight carriers shall be divided on percentages arrived at by using the local rate of each line to and from the nearest junction or transter point as factors.

Subject to the turther order or the Commission.

BY ORDER OF THE GEORGIA PUBLIC SERVICE CO~SSIO~

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

APPENDIX "A" Minimum Class Rates to be charged by all Motor Carriers operating intrastate in Georgia.

Rates in cents per 100 pounds

THURSDAY, JANUARY 24, 1935.

505

APPEND IX "A11 Continued

Rates in cents per 100 pound

Distances

Classes: 1 2 3 4 5 6 7 8 9 10

12Q5

Miles II

and 11

Under II

10 15

33 34

28 29

23 24

18 19

15 15

13 14

12 12

10 10

8 9

7 8

25 11

II

11 20 36 31 25 20 16 14 13 11 9 8

30 It

11

11 25 37 31 26 20 17 15 13 11 9 8

35 II

II

11 30 39 33 27 21 18 16 14 12 10 9

40 11

It

11 35 40 34 28 22 18 16 14 12 10 9

45 50

II II
n

55

II It II

II 40 42 36 29 23 19 17 15 13 11 9

II
n

45 43 37 30 24 19 17 15 13 11 10 50 45 38 32 25 20 18 16 14 11 10

60

II

II 55 46 39 32 25 21 18 16 14 12 10

65

II

II 60 48 41 34 26 22 19 17 14 12 11

70

II

It 65 49 42 34 27 22 20 17 15 12 11

75

II

II 70 51 43 36 28 23 20 18 15 13 11

80

II

II 75 52 44 36 29 23 21 18 16 13 12

85

II

" 80 53 45 37 29 24 21 19 16 14 12

90

' II

85 54 46 38 30 24 22 19 16 14 12

95

II

90 55 47 39 30 25 22 19 17 14 12

100 n

II

95 56 48 39 31 25 22 20 17 14 13

110 II

"

100 58 49 41 32 26 23 20 17 15 13

" 120
130 II

"II

110 60 51 42 33 27 24 21 18 15 14 120 62 53 43 34 28 25 22 19 16 14

140 11

"

130 64 54 45 35 29 26 22 19 16 14

150 160

"n

"II

140 66 56 46 36 30 26 23 20 17 15 150 67 57 47 37 30 27 23 20 17 15

170 11

11

160 69 59 48 38 31 28 24 21 17 16

180 II

II

170 70 60 49 39 32 28 25 21 18 16

190 II

It

180 72 61 50 40 32 29 25 22 18 16

200 II

II

190 73 62 51 40 33 29 26 22 18 16

210 II

II

200 75 64 53 41 34 30 26 23 19 17

220 11

II

210 76 65 53 42 34 30 27 23 19 17

230 II

II

'220 78 66 55 43 35 31 27 23 20 18

" 240
260 II

II II

230 79 67 55 43 36 32 28 24 20 18 I 240 82 70 57 45 37 33 29 25 21 18

280 II

II

11 260 84 71 59 46 38 34 29 25 21 19

300 "

II

II 280 87 74 61 48 39 35 30 26 22 20

320 II

II

II 300 89 76 62 49 40 36131 27 22 20

506

JouRNAL OF THE SENATE,

APPENDIX A 11 11 Continued

Rates in cents per 100 pounds.

Classes:

Distances

1 2 3 4 5 6 7 8 9 10

340 Miles and Under320 92 78 64 51 41 37 32 28 23 21

360 II

II

II 340 94 80 66 52 42 38 33 28 24 21

380 II

II

II 360 96 82 67 53 43 38 34 29 24 ~

400 II

II

II 380 99 84 69 54 45 40 35 30 25 22

420 II II II 400 101 86 71 56 45 40 35 30 25 23

440 II II II 420 104 88 73 57 47 42 36 31 26 23

460 II II II 440 106 90 74 58 48 42 37 32 27 2A

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

8y Senator Lester of the 18thSenate Bill No. 92. A Bill amending Article 6,
Section l6,Paragraph 6 of the Constitution of Georgia relative to action for damages involving physical injury to persons or property; and for other purposes.

Committee on Amendments to the Constitution.

By Senator Rawlins of the 45thSenate Bill No. 93. A Bill providing for the
compensation of Attorneys appointed to represent defendants in criminal cases,and for the payment of same; and for other purposes.

Committee on General Judiciary No. 1.

By Senator Scott of the 7th; Senator Rawlins of the

45th-

Senate Bill No. 94. A Bill amending the Act re-

gulating the licensing and parcticing of Chiropody;

and for other purposes.



Committee on Special Judiciary.

THURSDAY, }ANUARY 24, 1935.

507

By Senator Scott of the 7thSenate Bill No. 95. A Bill amending the Act
creating the City Court of Thomasville; and for other purposes.

Committee on County and County Matters.

By Senator Atkinson of the 1stSenate Bill No. 96. A Bill prohibiting any Firm,
Holding Company or other corporations from hereafter acquiring the majority of the common capital stock of any Bank or National Banking Association in Georgia; and for other purposes.

Committee on Banks and Banking.

By Senator Turner of the 32nd-

Senate Bill No. 97. A Bill to be entitled An Act

to of

define intangible all such property

pro for

ptearxtay~1itoon;re

qui and

r

e th for

e o

t

retu her

rn

purposes.

Committee on Finance.

By Senator Millican of the 35thSenate Bill No. 98. A Bill amending the Charter
of the City of Atlanta,Section 86 of the City Code of 1924; and for other purposes.

Committee on MUnicipal Government.

By Senator ~llican of the 35th-

Senate Bill No. 99. A Bill authorizing any

municipality and County having a population of

w20i0th1 0r0e0f1e

or ren

more,to ce to d

i

contra sposal

ct o

one with th f sewerage;

eo and

t

her for

other purposes.

Committee on County and County Matters.

By Senator Millican of the 35thSenate Bill No. 100. A Bill amending the Charter
of the City of Atlanta with reference to group insurance on the lives of employees; and for other

508

JouRNAL OF THE SENATE,

purposes. Committee on Industrial Relations.
By Senator M1llican of the 35thSenate Bill No. 101. A Bill amending the City
Charter or Atlanta relative to the retirement or the deficit; and tor other purposes.
Conmdttee on Municipal Government. By Senator Millican or the 35th-
Senate Bill No. 102. A Bill amending the Charter or the City or Atlanta reducing the wards or said city; and tor other purposes.
Committee on MUnicipal Government. By Senator Millican of the 35th-
Senate Bill No. 103. A Bill amending the Charter of the City of Atlanta abolishing the office or Warden and creating the office or director or Relief; and tor other purposes.
Committee on Municipal Government. By Senator M1llican of the 35th-
Senate Bill No. 104. A Bill amending the Charter of the City of Atlanta relative to the charge or water service; and for other purposes.
Committee on Municipal Government. By Senator M1llican of the 35th-
Senate Bill No. 105. A Bill providing a penalty ror the reporting or false fire alarm; and for other purposes.
Committee on Municipal Government. The following Senate Resolution was introduced, read the first time and referred to Committee:

THURSDAY, JANUARY 24, 1935.

509

By Senator Larsen of the 16thSenate Resolution No. 3a. A Resolution amending
the Constitution of the State of Georgia,to exempt non-productive lands for the growing of timber from ad valorem taxation; and for other purposes.

Committee on Amendments to the Constitution.

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

By Senator Redwine of the 26th. Senate Bill No. 4. A Bill to repeal Section 62901 of the Code of Georgia,l933 (Title No. 62, "Live Stock"),creating the office of State Veterinarian, and to provide for his salary and expense; and for other purposes.

By Senator Redwine, of the 26th-

Senate Bill No. a. A Bill to amend Title 5

("Agri Bureau

cul of

tMuarrek"e)~1sP,aSrttat!(e"DWeapraerhtomuseentDoefpaArtgmr1ecnut"lt)u,

r

e

11

,

Chapter 5-l ("In General"),Sect!on 5-103 ("Term of

Commissioner; vacancy in office"), of the Code of

Georgia of 1933 by fixing the term of office of the

Commissioner of Agriculture at four years; and for

other purposes.

By Senator Redwine of the 26thSenate Bill No. 9. A Bill to amend Title 54
("Industrial Relations").fChapter 54-1 ("Department of Industrial Relations'J,Section 54~107("Com m1ssioner of Commerce and Labor; election; term of office;vacancy in office") of the Code of Georgia of 1933 by providing a term of office of four years for the Comrndssioner of Commerce and Labor; and for other purposes.

The following resolutions of the Senate,favorably reported by comm1ttees,were read the second time:

By Senator Redwine of the 26thSenate Resolution No. a. A Resolution proposing
an amendment to the Constitution of Georgia creating

510

JouRNAL OF THE SENATE,

the office or Lieutenant-Governor; and for other purposes. By Senator Redwine of the 26th-
Senate Resolution No. 9. A Resolution proposing to amend the Constitution or the State or Georgia providing for the election or the President and President Pro Tempore or the Senate; and for other purposes. By Senator Redwine of the 26th-
Senate Resolution No. 10. A Resolution proposing to amend the Constitution or the State or Georgia, changing the term or office or the Governor and other constitutional state officers; and for other purposes. By Senator Redwine of the 26th-
Senate Resolution No. 11. A Resolution proposing an amendment to the Constitution or the State or Georgia limiting the duration of the Extraordinary Session of the General Assembly to the number of days stated in the Proclamation or the Governor convening them. By Senator Redwine of the 26th-
Senate Resolution No. 12. A Resolution proposing to amend the Constitution or the State or Georgia, providing for a State School Superintendent in lieu or the State School Commissioner; and ror other purposes.
The following resolution or the Senate was read: By Senator Lester of the 18th District-
Senate Resolution No. 39. A RESOLUTION
WHEREAS,His Excellency,Eugene Talmadge,Governor, d1d,by executive order,on July 21,1933, suspend from office as members or the Georgia Public Service Commission, James A. Perry, A.J. Woodruff, Perry T. Knight,

THURSDAY, JANUARY 24, 1935.

511

Jule w. Felton and Walter R. McDonald,and

WHEREAS,His Excellency,Eugene Talmadge,Governor,did_ on December 1, 1933, by Executive order, suspend from office A.J. Woodruff, and

WHEREAS,The Governor has reported the fact of such suspensions and his reasons therefor,in writing,to this session of the General Assembly:

THEREFOREG1eBoErgIiTa,uRpESoOnLVcEoDn

by sid

the erat

i

General on of s

Assembly aid repor

of ts,

a majority of both houses concurring,that

the action of the Governor in suspending

said Commissioners by said executive orders

of July 21, 1933 and December 1,1933,be,and

the same is hereby approved,and that the

KsaniidghJat,mJuesleAw. .

Perry,A.J. Woodruff, Felton,and Walter R.

Perry Mc-

T.

Donald be,and each of them are hereby re-

move~ from office,and the terms of office

of each of said Comm1ssioners,including the

term 1933

of A.J. Woodruff ,are hereby decla

r

be ed

gin to

ning December 1 be expired,as

1

provided by law.

On the adoption of the resolution the Ayes were 41, the Nays 3.

The Resolution having received the requisite Constitutional majority was therefore adopted.

Tl'l.e following privileged resolutions were read and adopted:

By Senator Skelton of the 30th District-

toAthReesHooluntoiroanbleexJtoenhndinwg.

the privileges of the floor Bennett,a former member of

the Senate.

By Senator Skelton of the 30th DistrictA Resolution extending the privileges or the floor

512

JouRNAL oF THE SENATE,

to the Honorable B.B. Zellars,a former member of the Senate. By Senator Thomas of the 33rd District-
A Resolution extending the privileges of the floor to the Honorable J.E. Palmour of Gainesville,Ga., a former member of the Senate.
Senator Beasley of the 2nd asked unanimous con- sent that he be given a leave of absence for a few days on account of important business and consent was granted.
Senator Gary of the 12th District requested a leave or absence for Friday on account of very urgent business and request was granted.
Senator Scott of the 7th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

FRIDAY, jANUARY 25, 1935.

513

Senate Chamber, Atlanta, Georgia. Friday, January 25, 1935.
The Senate met, pursuant to adjournment, at 10 o'clock A.M., this day and was called to order by the Presidem;.
Prayer was offered by the Reverend T.M. Luke, of the Christian Church.
Senator McGehee of the 25th District asked unanimous consent to dispense w1th the calling or the roll and the consent was granted.
Senator Hart of the 36th District,Cbairma.n of the Committee on Journals, reported tba~ he bad e~ned the Journal of yesterdayts proceedings and found it to be correct.
Senator Millican of the 35th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed. Senator Scott of the 7th District asked unanimous consent that Senato~s having bills and resolutions to introduce be allowed to send same to the Secretary's desk, and consent was granted. Senator McGehee of the 25th District asked unanimous consent that when the Senate adjourn today that it stand adjourned until 11 o'clock next Monday morning. There was objection. Senator McGehee moved that when the Senate adjourn today that it stand adjourned until 11 otclock next . Monday morning and the motion prevailed. Senator Lancaster of the lOth District asked unanimous consent that Senate Bill No. 4 be re-comm1tted

514

JouRNAL OF THE SENATE,

to the Committee on Agriculture. There was objection. 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 or the House to wit: By Mr. Harris, of Richmond:
H.R. Resolution No. 69. A resolution approving the action or the Governor in suspending the members or the Georgia Public Service Comndssion, and tor other purposes.
The following Senate Bills were introduced, read the first time and referred to Committees: By Senator Edenfield or the 4th-
Senate Bill No. 106. A Bill to amend Title 43, Chapter 43-2 of the Code of Georgia of 1933Lauthorizing the State Commission or Forestry and ueological Development to establish state parks; and tor other purposes.
Committee on Conservation. By Senator Skelton ot the 30th-
Senate Bill No. 107. A Bill to amend Section 1131508 or the Code or Georgia or 1933 so as to provide the rank or claims tor unpaid taxes due counties and municipalities or this state; and ror other purposes.
Committe on General Judiciary No. 2. By Senator Vaughn or the 34th-
Senate Bill No. 108. A Bill to provide tor a joint control between sureties fiduciary in fiduciary matters; and tor other purposes.
Committee on Judiciary No. 2.

FRIDAY, jANUARY 25, 1935.

515

By Senator Jones of the 17th; Senator Atkinson of the 1st-
Senate Bill No.l09. A Bill to authorize Courts of Record in this State to render declaratory judgments; and for other purposes.
Committee on General Judiciary No. 1. The following resolutions of the Senate were introduced,read the first time and referred to committees: By Senator Crawford ot the 42ndSenate Resolution No.40. A Resolution authorizing the State Librarian to furnish the Ordinary of Chattooga County, Summerville,Ga.,the Code of 1933; and tor other purposes. Committee on Public Libraries. By Senator Redwine of the 36th"Senate Resolution No.41. A Resolution to authorize the Governor and Secretary. of State to cause a new seal or the State to be made; and tor other purposes. Committee on State of Republic. Mr. Beasley of the second District Chairman or the Committee on Public Highways submitted the following report: Mr. President: Your Committee on Public Highways have had under consideration the following Bills and have instructed me as Chairman,to report the same back to the Senate with the following recommendations: ~enate Bill No. lO,do pass. Senate Bill No. 6l,do pass. Senate Bill No. 7l,do pass.
Respectfully submitted, Beasley of 2nd District Chairman.

516

JouRNAL oF THE SENATE,

Mr. Simmons of the 8th District Chairman of the Co:mml.ttee on :Manufacturers submitted the following report: Mr. President:
Your Comm1ttee on :Manufacturers have had under consideration the following S.B. 16 By Senator Dennis of the 28th District and have instructed me
wasithChtahiremtaon1ltoowrinegporretcotmhemesanmdaetiboancsk: to the Senate
That the same do not pass. Respectfully submitted,
J.M. Simmons of 8th District Chainnan.
Mr. Rawlins of the 45th District Chairman of the Committee on Motor Vehicles submitted the following report: Mr. President:
Your Committee on Motor Vehicles have had under consideration the following Bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 2, do pass. Respectfully submitted,
Preston Rawlins of 45th District Chairman.
Mr. Jones of the 17th District Chairman of the Committee on Uniform Laws submitted the following report:

FRIDAY, JANUARY 25, 1935.

517

Mr. President: Your Connni ttee on Uniform Laws have had m1der
consideration the following Bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation:
Senate Bill No. 34, do pass. Respectfully submitted, Jones of 17th District, Chairman.
Mr. w.w. Larsen Jr. of the 16th District Chairman
of the Connnittee on Judiciary No. 2 submitted the following report: Mr. President:
Your Committee on Judiciary No. 2 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 following recommendation:
That Senate Bill No. 381 do pass. Respectfully submitted,
w.w. Larsen Jr.of 16th District,
Chairman. Mr. Carswell of the 21st District Chairman of the Committee on Finance submitted the following report: Mr. President:
Your Committee on Finance have bad under conside~ tion the following Bills of the Senate and have instructed me as Cbairman,to report the same back to the Senate with the following recommendations:

518

JouRNAL oF THE SENATE,

Senate Bill No. 6, do pass. Respectfully submitted,

Carswell of 21st Distric~

Chairman.
Mr. Allen w. Darden or the 51st District Chairman
ot the Committee on State or Republic submitted the following report:

Mr. President: Your Comndttee on State or Republic have had under
consideration the following Bills or the Senate and have instructed me as Chairman to report the same back to the Senate with the roilowing recommendations:
Senate Bill No. 1, do pass. Senate Bill No. 26,do pass. Senate Bill No. 7, do pass by substitute.
Respectfully submitted,

Allen W. Darden of 51st Distric~ Chairman.
The following bills or the Senate,ravor~ble reported by Commlttees,were read the second time: By Senator Redwine or the 26th-
Senate Bill No. 1. A Bill to ratify and approve the Executive orders or the Governor suspending the collection or the portion ot the motor vehicles tag taxes and license tees; and tor other purposes.

By Senator Redwine ot the 26thSenate Bill No. 2. A Bill to amend Title 68,
Chapter 68-2 of the Code ot Georgia ot 1933,which provides tor the registration or motor vehicles at half year rates and quarter year rates; and tor

FRIDAY, JANUARY 25, 1935.

519

other purposes.

By Senator Redwine of the 26thSenate Bill No. 6. A Bill to amend Title 92,Part
9,chapter 92-33,Section 92-3309 by repealing said section 92-3309 and enacting a new Section to provide for annual appropriations for refunds of income taxes illegally collected under aaid title.

By Senator Redwine of the 26thSenate Bill No. 7. A Bill to create an establish-
ment of a Drivers License Office; to provide for the sale of all motor vehicles; to provide for the appointment and payment of salaries of state Patrolmen; and for other purposes

By Senator Redwine of the 26th-

Senate Bill No. 10. A Bill to amend Title 95,

Chapter 95-16 of the Code of Georgia of 1933, by

amending Section 95-1603,fixing the compensation of

the Chairman of the State Highway Board; by amending

Section members

o95f-1th60e4SftiaxtiengHit~hhewacyoBmopaernds;atainodn

of the for other

purposes.

By Senator Atkinson of the 1stSenate Bill No. 26. A Bill to grant to the United
States of America certain ungranted and reverted lands in Chatham County; and for other purposes.

By Senator Crawford of the 42ndSenate Bill No. 34. A Bill to authorize prose-
cuting officers to prefer accusation in felony cases returnable to the Superior Courts; and for other purposes.

By Senator Carswell of the 21stSenate Bill No. 38. A Bill to amend Title 23,
Section 23-1608 of the Code of Georgia of 1933,by striking and repealing that part of said Section which provides for the payment of interest on county orders; and for other purposes.

By Senator Simmons of the 8th; Senator Gary of the

520

JouRNAL OF THE SENATE,

12thSenate Bill No. 61. A Bill to establish and de-
fine the Georgia-Florida Military Highway; and for other purposes. By Senator Duncan or the 23rd; Senator Carswell or the 21st-
Senate Bill No. 71. A Bill to increase mileage or State Aid Road System on State Route 11; and tor other purposes.

The following bills or the Senate were read the third time and put upon their passage: By Senator Redwine ot the 26th District-
Senate Bill No. 4. A Bill to repeal Section 62901 or the Code of Georgia,1933 (Title No. 62,"Live Stock"),creating the office or State Veterinarian, and to provide ror his salary and expenses; and tor other purposes.
Senator Lancaster of the lOth District moved that Senate Bill No. 4 be re-commdtted to the Co~ttee on Agriculture.
/
Senator Jones of the 17th District called for a aye and nay vote on the question and the call was sustained.
The roll was called and the vote on the motion by the Senator from the lOth District was as follows:

Those voting in the affirmative were Senators:

Cannon Carswell Dennis
Fulghum
Hart

Jones Kiker King Lancaster McGehee McGinty

Millican Ragan Rucker Thomas Vaughn

FRIDAY, JANUARY 25, 1935.

521

Those voting in the negative were Senators:

Almon Atkinson Carrington

Evans Gaskins Goodwin

McLeod McWhorter Mllhollin

Chappell Clark Cooper Crawtord

Harden

Rawlins

Johnson ot the Scott

31st

Simmons

Johnston ot the Skelton

Darden Dickerson Duncan

39th Kirkland Larsen

Smith Strickland Turner

Edenfield

Lester

Wright

On the adoption or the motion by Senator Lancaster ot the lOth the ayes were 16, nays 31 and the motion was lost.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

Senator Rawlins or the 45th District moved the previous question and the motion prevailed.

The main question was ordered.

On the passage or the Bill the ayes were 33, nays
2.

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

Senator Scott or the 7th District asked unanimous consent that the above bill be immediately transmitted to the House and the consent was granted.

Senator Millican ot the 35th District took the Chair.

By Senator Redwine ot the 26th District-

Senate Bill No.s. A Bill to amend Title 5

("Agri Bureau

cul ot

ture") Mark

,Part ets,St

1 ate

("Department ot Agricult Warehouse Department"),

u

r

e

'

'

1

Chapter 5-l ("In General"),Section 5-103("Term or

Commissioner! vacancy in ortice") or the Code or

Georgia or 1~33 by t1x1ng the term ot ottice or the

522

JouRNAL OF THE SENATE,

Co~ssioner of Agriculture at four years; and for other purposes.
The report 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 4.
The bill having received the requisite Constitutional majority was passed. By Senator Redwine of the 26th District-
Senate Bill No. 9. A Bill to amend Title 54 ("Industrial Relations"ltChapter 54-l("De~artment ot Industrial Relations J,Section 54-107( Commissioner of Commerce and Labor; election; term of office; vacancy in office") of the Code of Georgia ot 1933 by providing a term of office of four years
. tor the Commissioner of Commerce and Labor; and tor
other purposes. The President resumed the Chair. The report of the comm1ttee,which was ravorable to
the passage or the bill,was agreed to.
o.On the passage of the bill the ayes were 38, nays
The bill having received the requisite Constitutional majority was passed.
Senator Lester ot the 18th District asked unanimous consent that Senate Bills No. 8 and No. 9 be immediately transmitted to the House and consent was granted.
The following resolution or the Senate was read third time and put upon its passage: By senator Redwine of the 26th District-
Senate Resolution 8.

FRIDAY, jANUARY 25, 1935.

523

A RESOLUTION.

Proposing to the qualified voters of the State ot

Georgia,ror ratification to Article V, Section I,

oPrarraegjreapchtioVnI1aInoafmtehnedment

Constitution or Georgia,providing tor a Lieutenant-

Governor,who shall be President of the Senate,pro-

viding for the compensation or the Lieutenant-Gover-

nor; and providing for his succession to the execu-

tive power in case or the death,resignation or dis-

ability or the Governor.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. That Article v, Section 1, Paragraph
VIII, or the Constitution or Georgia,which provides for the successor to the Governor,be and tqe same is hereby amended by striking all or said Paragraph VIII and inserting in lieu thereor,a new Paragraph to be Paragraph VIII of Section 1 of Article V,and to read as follows:

"Paragraph VIII. Lieutenant Governor. Suc-

cession to executive power. There shall be a

Lieutenant Governor,who shall be elected at the

same time,ror the same term,and in the same ,

manner as the Governor. He shall be President

or the Senate and shall receive the compensa-

tion provided for the President of the Senate.

In case of the death,resignation or disability

or ex

the ercis

eGotvheerneoxr1etchuet

i

Lieutenant-G ve power and

overnor receive

s

hal the

l

compensation or the Governor until the next

general election,at which a successor to the

Governor shall be elected for the unexpired

term; but if such death,resignation. or dis-

ability shall occur within thirty days or

the next general election,or if the term will

expire within ninety days arter the next

general election, the Lieutenant-Governor

shall exercise the executive power and receive

the compensation or the Governor for the un-

expired term. It the Lieutenant-Governor

shall become a candidate tor the unexpired

524

JouRNAL OF THE SENATE,

term or the Governor,he shall thereby resign his office as Lieutenant-Governor,effective upon the qualification of the Governor elected for the unexpired term,and his successor for the unexpired term shall be elected at such election. In case of the death,resignation or disability of both the Governor and the Lieutenant-Governor,the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election,which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power." SECTION 2. The foregoing amendment shall be published in one or more newspapers in each Con- gressional District of this State for two months preceding the next general election,and at such election shall be submitted to the qualified voters of'the State,qualified to vote for members of the General Assembly,for ratification or rejection. The voters voting in favor of the ratification of the amendment shall have written or printed upon their ballots,"For ratification of the amendment to Article V, Section 1, Paragraph VIII of the Constitution of Georgia,providing for a LieutenantGovernor,who shall be President of the Senate,fixing his compensation and providing for his succession to the executive power in the event of the death,resignation,or disability of the Governor." The voters voting against the ratification of the amendment shall have written or printed upon their ballots,"Against ratification of the Amendment to Article V,Sect1on 1, Paragraph VIII, of the Constitution of Georgia,providing for a LieutenantGovernor,who shall be President of the Senate,fixing his compensation,and providing for his succession to the executive power in the event of the death,res1gnat1on or disability of the Governor. If a majority or the qualified voters voting at said election shall vote in favor of the ratification of the amendment,the Governor shall make proc-

FRIDAY, jANUARY 25, 1935.

525

lamation thereof, and the foregoing amendment shall become a part of the Constitution of the State of Georgia.
Senator Lester of the 18th District offered the following amendment: "By striking from the third sentence in said paragraph one the following words: 'compensation provided for the President of the Senate' and adding in lieu of such words the sum of $3,000.00 per annum,so that when said sentence is amended the same shall read as follows: tHe shall be President of the Senate and shall receive the sum of $3,000.00 per annum.t
The amendment was lost. Senator Millican of the 35th District offered the following am~ndment: "By striking from the third sentence in said paragraph one the following words: 'compensation provided for the President of the Senate~ and adding in lieu of such words the sum
ot $2,060.00 per annum,so that when said sentence is
amended the same shall read as follows: 'He shall be President of the senate and shall receive the sum of $2,000.00 per annum.'" . The amendment was adopted.
The report of the comm1ttee,wh1ch was favorable to the passage of the resolution,as amended,was agreed to.
On the passage of the resolution,as amended,being a proposal to amend the Constitution,the roll was called and the vote was as follows:
Those voting in the affirmative were Senators:

Almon
Atkinson Cazmon Carrington Cooper

Crawford Darden Dezmis Dickerson Duncan

Edenfield Evans Gaskins Goodwin Harden

526

JouRNAL oF THE SENATE,

Johnson of the 31st Johnston of the 39th Jones Kiker King Kirkland Lancaster

Larsen Lester McGinty McLeod McWhorter Milhollin Millican Pope Ragan

Rawlins Rucker Scott Siimnons Skelton Smith Strickland Thomas wright

Those voting in the negative were Senators:

Carswell Clark

Fulghum McGehee

Turner Vaughn

The roll call was verified.

The ayes were 40, nays 6.

Those not voting were: Senators Beasley of the 2nd District,Chappell of the 13th District, Gary o:r the 12th District, and Hart of the 36th District.

The resolutionJas amended~having received the requisite two-thirds Constitutional majority,was passed.
The resolution as passed by the Senate is as follows:

A RESOLUTIONS

Proposing to the qualified voters of the State ot

GtoeoArrgtiiac,lfeorvr, aStiefcitciaotnio1n,

or rejectionfan amendment Paragraph VI I ot the

Constitution of Georgia,providing for a Lieutenant-

Governor,who shall be President of the Senate,pro-

vtding for the compensation of the Lieutenant-

Governorj and providing for his succession to the

executive power in case of the death,resignation or

disability of the Governor.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That Article V,Sect1on l,Paragraph VII~

FRIDAY, jANUARY 25, 1935.

5Z7

or the Constitution ot Georgia,which provides tor

the successor to the Governoribe and the same is

hereby amended by striking al ot said Paragraph

VIII and inserting in lieu thereot,a to be Paragraph VIII ot Section 1 or

AnewrtiPclaeravg,rapahnd

to read as follows:

nParagraph VIII. Lieutenant-Governor. Succession to executive power. There shall be a LieutenantGovernor,who shall be elected at the same time,ror the same term,and in the same manner as the Governor. He shall be President ot the Senate and shall receive the sum or $2,000.00 per annum. In case ot the death,resignation or disability or the Governor,the Lieu~enant-Governor shall exercise the executive power and receive the compensation ot the Governor until the next general election, at which a successor to the Governor shall be elected :tor the unexpired term! but it such death, resignation or disability shal occur within thirty days of the next general election,or if the term will expire within ninety days attar the next general election,the Lieutenant-Governor shall exercise the executive power and receive the compensation ot the Governor :tor the unexpired term. It the Lieutenant-Governor shall become a candiate tor the unexpired term of the Governor he shall thereby resign his ottice as Lieutenant-Governor, effective upon the qualification of the Governor elected :tor the unexpired term,and his successor :tor the unexpired term shall be elected at such election. In case o:t the death,resignation or disability or both the Governor and the LieutenantGovernqr, the Speaker of the House o:t Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker o:t the House of Re~re sentat1ves shall assume the executive power. .

SECTION 2. The rorego1ng amendment shall be published in one or more newspapers 1n each CongresS1on-

528

JouRNAL OF THE SENATE,

al District of this State for two months preceding the next general election and at such election shall be submitted to the qualified voters of the State, qualified to vote for members of the General Assembly,for ratification or rejection. The voters voting in favor of the ratification of tse amendment shall have written or printed upon their ballots,"For ratification of the amendment to Article v,section !,Paragraph VIII of the Constitution of Georgia,providing for a Lieutenant-Governor,who shall be President of the Senate,fixing his compensation and providing for his ~~ccession to the executive power in the event of the death,resignation,or disability of the Governor." The voters voting against the ratification of the amendment shall have written or printed upon their ballots, "Against ratification or the amendment to Article V,Sect1on !,Paragraph VIII,of the Constitution of Georgia,providing for a Lieutenant-Governor,who shall be President of the Senate,rixing his compensation,and providing for his succession to the executive power in the event of the death,resignation or disability of the Governor." It a majority or the qualified voters voting at said election shall vote in favor or the ratification of the amendment,the Governor shall make proclamation ther~ or,and the foregoing amendment shall become a part of the Constitution of the State of Georgia.
Senator Evans or the 29th District asked unanimous consent that the above Resolution be immediately transmitted to the House and consent was granted.
The following resolution of the Senate was read third time and put upon its passage: By Senator Redwine or the 26th District-
Senate Resolution No. 9. A RESOLUTION
Proposing to the qualified voters or the State of Georgia,ror ratification or rejection,an amendment to Article III,Section V,Paragraph II, ot the

FRIDAY, jANUARY 25, 1935.

529

Constitution ot Georgia,which provides tor the election of the President or the Senate,by providing that the Lieutenant-Governor Shall be President or the Senate,and tor the election or a President pro tempore ot the Senate.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. That Article III,Section V,Paragraph

II,or the Constitution or Georgia be amended by

striking all or said Paragraph II and inserting in

lieu thereof a new paragraph to be Paragraph II and

to read as follows:

,

"Paragraph II. The Lieutenant-Governor shall be President or the Senate,and the presiding officer thereof. A President pro tempore shall be elected viva voce from the Senators and shall act in case or the death,resignation or disability or the Lieutenant-c~vernor or in the event or his succession to the executive power.

SECTION 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District or this State ror two months preceding the next general election,and at such election shall be submitted to the qualified voters or the State,qualitied to vote tor members or the General Assembly,tor ratification or rejection. The voters voting ln ravor or the ratification or the amendment shall have written or printed upon their ballots, 11For ratification or the amendment to Article III,Sectlon V,Paragraph II,or the Constitution of Georgia,providing that the Lieutenant-Governor shall be President or the Senate,and tor the election or a President pro tempore or the Senate." The voters voting against the ratification or the amendment shall have written or printed upon their ballots,Against ratification or the amendment to Article III,Section V,Paragraph II, of the Constitution ot Georgia,providing that the Lieutenant-Governor shall ba President or the Senate,and tor the election or a President pro tempore or the Senate." It a majority or the qualified voters voting at said

530

JouRNAL OF THE SENATE,

election shall vote in favor of the ratification of the amendment,the Governor shall make proclamation .thereof ,and the foregoing amendmeHt shall become a part of the Constitution of the State of Georgia.
The report of the committee which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, being a proposal to amend the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Cannon Carrington Carswell Chappell Clark Cooper Crawford Darden Dennis Dickerson Duncan Edenfield

Evans Gaskins Goodwin Harden Hart J olmston of the 39th Kiker King Kirkland Lancaster Larsen Lester McGehee

McGinty McLeoc". McWhorter Milhollin Millican Ragan Rawlins Scott Simmons Skelton Strickland Thomas Turner Wright

Verification of the roll call was dispensed with.
The Ayes were 41, nays o.

Not voting were: Senators Beasley of the 2nd District, Fulghum of the 48th District, Gary of the 12th District, Johnson of the 31st District, Jones ot the 17th District, Pope of the 15th District, Rucker of the 50th D1str1ct, Smith of the 24th District and Vaughn of the 34th District.

The resolution having received the requisite two-

FRIDAY, jANUARY .25, 1935.

531

thirds Constitutional majority was passed.

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

By Senator Redwine of the 26th DistrictSenate Resolution No. 10.

A RESOLUTION

Proposing to the qualified voters of the State of Georgia,for ratification or rejection,an amendment to Article V,Section !,Paragraph II,of the Constitution of Georg1a,changing the terms of office of the Governor and other constitutional State officers, fixing the salary of the Governor and making him ineligible to reelection for four years,and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION of the Co

1. nst

That A itution

rotficGleeoVr1gSiae

ctio be

n !, and

Paragraph the same i

I s

I

,

hereby amended by striking the word "two in the

first sentence thereof and inserting in lieu thereof

the word four"; by striking from the third and

fourth lines of said Paragraph the words "after the

expiration of a second term"; by striking from the

fifth line of said Paragraph the words "three

thousand" and insetting in lieu thereof the words

"seven thousand five hundred"; by striking the last

sentence of said Paragraph; by adding at the end of

said Paragraph the following; "The State officers

required by this Constitution to be elected at the

same time,for the same term,and in the same marmer

as the Governor shall also hold office for four

years. The Governor,and such other constitutional

officers,elected at the general shall serve for four years"; so

election in 1936, that said Artic1e

v,

Section I, Paragraph II, of the Const1tut1on,as

amended,sball read as follows:

"The executive power shall be vested irt a Governor,who shall hold his office during the term of

532

JouRNAL or THE SENATE,

four years,and until his successor shall be

chosen and qualified. He shall not be eligible

to reelection for the period of four years. He

shall have a salary of seven thousand five

hundred dollars per annum(until otherwise pro-

vided by a law passed by a two-thirds vote of

both branches of the General Assembly),which

shall not be increased or diminished during

the period for which he shall have been elected;

nor shall he receive,within that time,any other

emolument from the United States,or either of

them,or from any foreign power. The State

officers required by this Constitution to be

elected at the same time,for the same term,and

fn the same manner as the Governor,including

members of the General Assembly,shall also hold

office for four years. The Governor and such

other constitutional officers,elected at the

general election in 1936,shall hold office for

four years.n



SECTION 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District for two months preceding the time of holding the next general election,and at the next general election shall be submitted to the qualified voters of the State,qualified to vote for members or the General Assembly,for ratification or rejection. All persons voting at such election,voting in favor of the ratification of the amendment,shall have written or printed on thelr ballots,"For amendment to Article V,Section !,Paragraph II,of the_ Co~ stitution,fixing the terms of office of the Governor and other constitutional officers at four years, and fixing the salary of the Governor and making him ineligible to reelection for four years";and all persons voting against the ratification or the amendment shall have written or printed on their ballots,"Aga1nst the amendment to Article v,section !,Paragraph II,of the Constitution,fixing the terms of office or the Governor and other constitutional officers at. four years,and fixing the salary of the Governor and making him ineligible to reelection for tour years." Should a majority of such qualified voters,voting at such election,vote in favor at

FRIDAY, jANUARY 25, 1935.

533

the amendment,the Governor shall make proclamation

thereof and the foregoing amendment shall become a

part of Article V,Section !,Paragraph I!,of the

Constitution of Georgia.

.

The committee offered the following amendment: The Comm1ttee moves to amend Senate Resolution No. 10 by striking trom Section l,or the Resolution in line thirty-five (35) immediatelY following the word Governor, the words 'including members or the General Assembly'"

The amendment was adopted.

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

On the passage or the resolution as amended,being a proposal to amend the Constitution,the roll was called and the vote ~as as follows:

Those voting 1n the affirmative were Senators:

Almon Atkinson Cannon Carrington Carswell Chappell Clark Cooper Crawford Darden Dennis Dickerson Duncan Edenfield Evans Fulghum Gaskins

Goodwin Harden Hart JohnSon or the 31st Johnston or the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty McLeod

McWhorter M1lhollin Millican Pope Ragan Rawlins Rucker scott Simmons Smith Strickland Thomas Turner Vaughn Wright

By unanimous consent the ver1f1cat1on ot the roll

534

JouRNAL OF THE SENATE,

call was dispensed with.
The ayes were 47, nays o.
Those not voting were as follows: Senators Beas~ of the 2nd District, Gary or the 12th District, and Skelton ot the 30th District.
The resolution as amended, having received the requisite two-thirds Constitutional majority, was passed.
The resolution as passed by the Senate is as follows:
A REdOLUTION Proposing to the qualltled voters or the State or Georgia,ror ratit1cat1on or rejection,an amendment to Article v,section !,Paragraph II,or the Constlt~ tion or Georgia,changlng the terms or ottice of the Governor and other constitutional State officers, fixing the salary or the Governor and rnalcing him ineligible to reelection tor tour years, and tor other purposes . BE IT RESOLVED BY THE GENEAA.L ASSEMBLY OF GEORGIA: SECTION 1. That Article V,Section !,Paragraph II,of the Constitution of Georgia be and the same is hereby amended by striking the word "two" in the first sentence thereof and Inserting in lieu thereof the word "tour"; by striking from the third and fourth lines or said ParagraRh the words "arter the expiration of a second term ; by strikipg from the fifth line or said Paragraph the words "three thousand and inserting in lieu thereof the words seven thousand five hundred";by striking the last sentence of said Paragraph; by adding at the end of said Paragraph the following: "The State officers required by this Constitution to be elected at the same time,ror the same term,and in the same manner as the Governor shall also hold ottice tor tour years. The Governor,and such other constitutional

FRIDAY, JANUARY 25, 1935.

535

otticers,elected at the general shall serve for four years"; so

elec that

t

ion said

in A

r1t9i3c6le1

V,Section !,Paragraph II,of the Constitution,as

a~ended,shall read as follows:

"The executive power shall be vested in a Governor,who shall hold his office during the term ot tour years,and until his successor shall be chosen and qualified. He shall not be eligible to reelection tor the period of tour years. He shall have a salary of seven thousand five hundred dollars per annum(until otherwise provided by a law passed by a two-thirds vote of both branches of the General Assembly),which shall not be increased or diminished during the period tor which he shall have been elected; nor shall he receive,within that time,any other emolument from the United States,or either of them,or from any foreign power. The state officers required by this Constitution to be elected at the same time,tor the same term, and in the sa~e manner as the Governor shall also nold ottice for four years. The aovernor and such other constitutional otficers,elected at the general elet:tion in 1936,shall hold office for four years."

SECTION 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District for two monthS preceding the time ot holding the next general election,and at the next general election shall be submitted to the qualified voters of the State,qualified to vote tor members of the General Assembly,for ratification or rejection. All persons-voting at such election, voting in favor or the ratifica::;ion of the amendment,shall have written or printed on their ballot~ "For the amendment to Article v,section !,Paragraph II,of the Constitution,tixing the terms of office ot the Governor and other constitutional officersat four years,and fixing the salary of the Governor and making him ineligible to reelection for tour years"; and all persons voting against the ratification of the amendment shall have written or

536

JouRNAL OF THE SENATE,

printed on their ballots,"Against the amendment to Article V,Section !,Paragraph II,of the Constitution,fixing the terms of office of the Governor and other Constitutional officers at four years.and fixing the salary of the Governor and ma.ki~ him ineligible to reelection for four years. Should a majority of such qualified voters,voting at such election,vote in favor of the amendment,the Governor shall make proclamation thereof and the foregoing amendment shall become a part of Article V,Section !,Paragraph II,of the Constitution of Georgia.

Senator Evans of the.29th District asked unanimous consent that the above resolution be immediately transmitted to the House and the consent was granted.

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

By Mr. Redwine of the 26th DistrictSenate Resolution No. 11.

A RESOWTION

Proposing to the qualified voters or Georgia for

ratification or rejection an amendment to Article V,

Section Georgia

,

lIl1mP1artainggrapthheXdIuI

I,of th ration

e o

Constitution f extraordinar

o y

f

.

sessions of the General Assembly to the number of

days stated in the proclamation of the Governor

convening them.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. That Article V,Section !,Paragraph XII4
ot the Constitution of Georgia be and the same is
hereby amended by striking the period at the end of such section and inserting in lieu thereof a sem1colon,and the following words,to wit: "Nor shall any such extraordinary session continue longer than the number of days stated in the proclamation or the Governor convening the same", so that said Paragraph XIII of Section !,Article V, shall r.ead as follows:

FRIDAY, jANUARY 25, 1935.

537

"?aragraph XIII. Writs of election; called sessions of the General Assembly. He shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives,and shall give the General Assembly,from time to time, information of the state of the Commonwealth, and recommend to their consideration such measures as he may deem necessarJ or expedient. He shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them; nor shall any such extraordinary session continue longer than the number of days stated in the proclamation of the Governor convening the same." SECTION 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District of this State for two months preceding the next general election, and at such election shall be E~ubmi ttBd to t.l"te quallfied voters of the State,qualified to vote tor members of the General P..ssembly,for ratificaticn cr rejection. The voters voting in favor of the ratification of the amendment shall have written or printed upon their ballots, f'For ratification of the amendment to Article V,Sect1on !,Paragraph XIII, of the Constitution of Georgia,limiting the duration of extraordinary sessions of the General Assembly to the number of days stated in the proclamation of the Governor convening them." The voters voting against the ratification of the amendment shall imve written or printed upon their ballots, 11Against ratification of the amendment to Article V,Section !,Paragraph XIII, of the Constitution of Georg1a,limiting the duration of extraordinary sessions of the General Assembly to the number of days stated in the proclamation of the Governor convening them. n If a major! ty of the qualified voters voting at said election shall vote 1n favor of the ratification of the amendment,the Governor shall make proclamation thereof,and the

538

JouRNAL OF THE SENATE,

foregoing amendment shall become a part or. the Constitution ot the State ot Georgia.
The report or the committee, which was favorable to the passage or the resolution,was agreed to.
On the passage or the resolution,being a proposal to amend the Constitution,the roll was called and the vote was as follows:
Those voting in the affirmative were Senators:

Almon Atkinson Cannon Carrington Carswell Chappell Clark Cooper Crawford Darden Dennis Dickerson Duncan Edenfield Evans Fulghum Gaskins

Goodwin Harden Hart Johnson or the 31st Johnston or th.e 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty McLeod

McWhorter Milhollin Millican Ragan Rawlins Rucker Scott SiDDnons Skelton Smith Strickland Thomas Turner Vaughn Wright

Verification or the roll call was dispensed with.
The ayes were 47, nays o.

Not voting were: Senators Beasley or the 2nd DistrictL Gary ot the 13th District and Pope or the 15th uistrict.

The resolution having received the requisite twothirds Constitutional majority was passed.

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

FRIDAY, JANUARY 25, 1935.

539

By Senator Redwine of 26th DistrictSenate Resolution No. 12. A RESOLUTION Proposing to the qualified voters of the State ot
Georgia,tor ratification or rejection,an amendment to Article VIII,Section !!,Paragraph I, of the Constitution of Georgia,providing for a State School Superintendent in lieu of the State School Conmdssioner,fixing the term of office of the State School Super1ntendent,and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Article VIII,Section !!,Paragraph I,of the Constitution of Georgia be amended by striking from the first line thereof the words "State School Commissioner" and inserting in lieu thereof the words MState School Superintendent"; by inserting after the word time in the second line thereof,a comma,and striking from the second and third lines thereof,the words nand manner as the Governor and Statehol~e officers are elected,whose term of office sha~l be two years,and", and inserting in lieu thereof the words,"for the same tenn and in the same manner as the Governor,who shall hold office until his successor is elected and qualified"; by striking the words "State School Co~ssioner in the sixth and seventh lines thereof and inserting in lieu thereof the words "State School Superintendent",so that said Article VIII, Section II,Paragraph I,of the Constitution as amended shall read as follows:
There shall be a State School Superintendent, elected by the people at the same time,for the same term, and in the same manner as the Governor, who shall hold office until his successor is elected and qualified. His office shall be at the seat or government and he shall be paid at salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State School Superintendent such officer,or

540

JouRNAL OF THE SENATE,

officers,as may be deemed necessary to perfect the system or public education." SECTION 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District for two months preceding the time of holding the next general election,and at the next general election shall be submitted to the qualified voters of the Stateiqualified to vote for members or the General Assemt y,ror ratification or rejection. All persons voting at such election, voting in favor or the ratification or the amendment,shall have written or printed on their ballots, "For the amendment to Article VIII,Section II, Paragraph I,or the Constitution,providing for a State School Superintendent in lieu of the State School Commissioner,and fixing the term or office or the State School Superintendant"; and all persons voting against the ratification of the amendment shall have written or printed on their ballots, A 11 gainst the amendment to Article VIII,Sect1on II, Paragraph I,or the Const1tution,providing for a State "School Superintendent in lieu of the State School Comm1ssioner,and fixing the term or office or the State School Superintendent." Should a majority or such qualifiea voters,voting at such election,vote in favor or the amendment,the Governor shall make proclamation thereof and the foregoing amendment shall become a part of Article VIII, Section !!,Paragraph I,of the Constitution of Georgia. The report of the committee,which was favorable to the passage of the resolution,was agreed to. On the passage or the resolution,being a proposal to amend the Constitution, the roll was called and the vote was as follows: Those voting. in the affirmative were Senators:

Almon Atkinson

Cannon Carrington

Carswell Chappell

FRIDAY, JANUARY 25, 1935.

541

Clark Cooper Darden Dennis Dickerson Duncan Edenfield Evans
Fulghum
Gaskins Goodwin Harden Hart Johnson of the 31st

Johnston of the ~lhollin

39th

~llican

Jones

Ragan

Kiker

Rawlins

King

Rucker

Kirkland

Scott

Lancaster

Simmons

Larsen

Skelton

Lester

Smith

McGehee

Strickland

McGinty

Thomas

McLeod

Turner

McWhorter

Vaughn

Wright

Verification of the roll call was dispensed with.
The ayes were 46, nays o.

Not voting were: Senators Beasley of the 2nd Dis-

trict,Crawtord of the 42nd Distr1ct,Gary of the 12th

District and Pope of the 15th District.



The resolution having received the requisite twothirds Constitutional majority was passed.

Senator ~lllcan of the 35th District asked unanimous consent that Senate Resolutions No.9, No. 11, and No. 12 be immediately transmitted to the House 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 requisite Constitutional majority the following bill of the House, to wit:

By Mr. Rivers of Lanter and othersHouse Bill No. 1. A bill to be entitled an Act
to rat1ty,approve and confirm the executive orders

542

JouRNAL OF THE SENATE,

of the Governor suspending the collection of a portion of the motor vehicle tag taxes and license fees,and for other purposes.
Senator Larsen of the 16th District moved that the Senate do adjourn and the motion prevailed.
The President announced that under the motion of Senator McGehee of the 25th D1strict,the Senate stood adjourned until 11 otclock,A.M., Monday next.

MoNDAY, JANUARY 28, 1935.

543

Senate Chamber, Atlanta, Georgia. Monday, January 28, 1935.

The Senate met pursuant to adjournment,at 11 otclock A.M., th!s day and was called to order by the President.

Prayer was offered by the Reverend L.J. Ballard, ot the Methodist Church.

Senator Scott or the 7th District asked unanimous consent to dispense with the calling or the roll and the consent was granted.

Senator Hart of the 36th District,Chairman of the Co~ttee on Journals,reported that he had examined the Journal or yesterdayts proceedings and round them to be correct.

Senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and the consent was granted.

The Journal was con!irmed.

Senator Scott or the 7th District asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to send same to the Secretary's desk,and 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 requisite Constitu-

tional majority the following bills of the House

to wit:



By Mr. Freeman of Early: House Bill No. 40. A bill to be entitled an act
to amend an act fixing the salary of the County Treasurer or Early County and tor other purposes.

544

JouRNAL OF THE SEtlATE,

By Mr. Freeman of Early: House Bill No. 41. A bill to be entitled an act
to repeal an act entitled an act to abolish the office of county treasurer of Early County and tor other purposes.

By Messrs. Moye and Blease or Brooks: House Bill No. 49. A bill to be entitled an act
to fix the amount of the bond of the Sheriff of Brooks County and for other purposes.

By Hessrs. Manning and Welsch of Cobb: House Bill No. 102. A bill to be entitled an act
to create four terms or Superior Court of Cobb County,Georgia and for other purposes.

By Mr. Batchelor of Putnam: House Bill No. 124. A bill to be entitled an act
to fix the amount of the bond or the Sheriff or Putnam County, Georgia and for other purposes.

By Mr. Smith or Madison: House Bill No. 130. A bill to be entitled an act
to change the terms of the Superior Court of Ma.diso County by adding two terms and for other purposes.

By Mr. Dobbins of Morgan: House Bill No~ 142. A bill to be entitled an act
to repeal an Act approved February ll,l874,entitle "An Act to create a Board of Comm1ssioners for the County of Morgan" and for other purposes.

By Mr. Dobbins of Morgan: House bill No. 143. A bill to be entitled an act
to create the office of Comm1ssioner or Roads and Revenue in and for the County of Morgan and for other purposes.

By Mr. Wrench of Charlton:

.

House Bill No. 153. a bill to be entitled an act

to abolish the offices of tax receiver and tax

collector of Charlton County,Georgia and create th

office or Tax Commissioner of Charlton County,Geor

gia and for other purposes.

MoNDAY, JANUARY 28, 1935.

545

y Mr. Williams of Jones: House Bill No. 169. A bill to be entitled an Act o reduce the amount of the bond of the Sheriff of ones County and for other purposes.

y Messrs. Guess,Lindsey and Ansley of DeKalb:

House Bill No. 233. A bill to be entitled an Act

ntitled, ges 928

"To amend the Act approved through 959, the same being

August an Act

4 c

r1

1913 eatin

g

new charter for the City of Lithonia and for

ther purposes.

y Mr. Brown of Glynn: House Bill No. 244. A bill to be entitled an Act o consolidate the offices and duties of Tax Re-
ceiver and Tax Collector of Glynn County,Ga., to rovide for a Tax Commissioner and for other puroses.

Mr. Brown o:r Glynn: House Bill No. 250. A bill to be entitled an act to amend an Act entitled "An Act to establish the ity Court of Brunswick in and for the County of lynn",and for other purposes.

y Mr. Brown of Glynn: House Bill No. 248. A bill to be entitled an Act to repeal an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Glynn County, to create a County Tax Commissioner, and for other purposes.

By Mr. Brown of Glynn: House Bill No. 278. A bill to be entitled an Act
to repeal an Act to create a Board of Comndssioners of Roads and Revenue in the County of Glynn and for other purposes.

By Mr. Brown of Glynn: House Bill No. 279. A bill to be entitled an Act
to create a Board of Commissioners of Roads and Revenue for Glynn County and for other purposes.

546

JouRNAL OF THE SENATE,

By Mr. Johnston of UpsonHouse Bill No. 288. A bill to be entitled an Act
to abolish the offices of Tax Receiver and Tax Collector of Upson County,Georgia; to create the office of County Tax Co~ssioner and tor other pur poses.

By Mr. Martin of Jeff DavisHouse Bill No. 296. A bill to be entitled an act
to fiX the amount of the bond of the Sheriff of Jeff Davis County and for other purposes.

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

By Senator Gaskins of the 6th-

Senate Bill No. 110. A Bill amending the Traylo

Neill Bill so as to add to said map a road begin-

ning othe

r

i

n p

Nashvil urposes.

le

1

Berr1en

County,

Georgia,and

for

Co~ttee on Highways and Public Roads.

By Senator Beasley of the 2ndSenate Bill No. 111. A Bill to provide tor the
allowance or a discount on the sale and transfer !n blocks of executions issued for ad valorem taxes;an for other purposes.

Conmattee on Special Judiciary.

By Senator Beasley of the 2ndSenate Bill No. 112. A Bill to provide that the
enforcement and collection or execution issued tor taxes shall not be defeated because of mistakes;and for other purposes.

Committee on Special Judiciary.

By Senator Chappell of the 13thSenate Bill No. 113. A bill to amend the Code ot
Georgia of 1933 which provides for the appointment, qualification and removal of Jury Commissioners of the several counties of this state; and for other

MoNDAY, JANUARY 28, 1935.

_547

purposes. Committee on General Judiciary No. 2.
By Senator Skelton of the 30thSenate Bill No. 114. A Bill to amend Title 68
Part 2,Chapter 68-6, of the Code of Georgia of 1933; and for other purposes.
Comm1ttee on Public Utility. By Senator Jones of the 17th; Senator.Atklnson of the 1st-
Senate Bill No. 115. A Bill to authorize recoveries on account of personal 1njuries,damages to property and homicides resulting to the negligent oper.ation of motor vehicles; and for other purposes.
Committee on Insurance. Senator Scott of the 7th District asked unanimous consent that Senate Bill No. 1 be re-committed to the Co~ttee on State of Republic and consent was granted. Mr. Vaughn or the 34th District Chairman of the Committee on Special Judiciary submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following Bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: Senate Bill No. 81, do pass. Senate Bill No. 69, do pass. Senate Bill No. 33, do pass. Senate Bill No. 91, do pass.
Respectfully subndtted, Vaugr~ of 34th District Chairman.

JoURNAL OF THE SENATE,

Mr. Skelton or the 30th District Chairman or the Committee on Judiciary No. 1 submitted the following report:

Mr. President:

Your Co~ttee on Judiciary No. 1 have had under consideration the following Bills and have instruc~ ed me as Chairman,to report the same back to the Senate with the following recommendations:

Senate Bill No. 41, do pass.

Respectfully submitted, J.H. Skelton Sr. of 30th District, Chairman.

Mr. Milhollin of the 46th District Chairman or the Committee on Agriculture submitted the following report:

Mr. President:

Your Co~ttee on Agriculture have had under consideration the following Bills and Resolution of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:

Senate Bill No. 68, do pass. Senate Bill No. 73, do pass. Senate Resolution No. 26, do pass. Senate Bill No. 62, do pass.

Respectfully submitted

J.H.Mllhollin Chairman.

of

46th

District1

The Committee appointed by the President under Senate Resolution No. 29, to select a Chapia1n to fill the vacancy created by the death of Reverend J.W.G. Watkins reported as follows:

MoNDAY, JANUARY 28, 1935.

549

Mr. President:Your committee appointed to select a Chaplain
for the remainder or this session report as fC>llows:
We have selected for this place Reverend L.J. Ballard to fill the place as Chaplainror the session.
Respectfully submitted, McGehee of the 25th Dist. Carswell of the 21st Dist. King of the 11th Dist.
The following bills of the House were read the first time and referred to Committees:
By Mr. Rivers or Lanier and others-
House Bill No. 1. A Bill to be entitled An Act to ratify,approve and confirm the executive orders of the Governor suspending the collection of a portion or the motor vehicle tag taxes and license fees; and for other purposes.
Committee on State of Republic. By Mr. Freeman of Early-
House Bill No. 40. A Bill to be entitled An Act to amend An Act fixing the salary of the County Treasurer of Early County; and for other purposes.
Committee on County and County Matters. By Mr. Freeman of Early-
House Bill No. 41. A Bill to be entitled An Act to repeal An Act entitled An Act to abolish the office of County Treasury of Early County; and for other purposes.
Committee on County arid County Matters. By Mr. Moye and Mr. Blease of Brooks-
House Bill No. 49. A Bill to be entitled an Act to fix the amount o! the bond o! the Sheriff o!

550

joURNAL OF THE SENATE,

Brooks County; and for other purposes. Committee on County and Count~ Matters.
By Mr. Harming and Mr. Welsch of CobbHouse Bill No. 102. A Bill to be entitled an Act
to create four terms of Superior Court of Cobb County,Georgia; and for other purposes.
Committee on Special Judiciary. By Mr. Batchelor or Putman-
House Bill No. 124. A Bill to be entitled An Act to fix the amount of bond of the Sherif! or Putman County,Georgia;and for other purposes.
Committee on County and County Matters. By Mr. Smith or Madison-
House Bill No. 130. A Bill to be entitled An Act to change the term of Superior Court of Madison County by adding two terms; and for other purposes.
Committee on County and Cuunty Matters. By Hr. Dobbins of Morgan-
House Bill No. 142. A Bill to be entitled An Act to repeal An Act approved February 11, 1874,entitled "An Act to create a Board of Comndssioners for the County of Morgan, and for other purposes.
Committee on County and County Matters. By Mr. Dobbins of Morgan-
House Bill No. 143. A Bill to be entitled An Act to create the office of Commissioner of Roads and Revenues in and for the County of Morgan; and for other purposes.
Counni ttee on County and County Matters. By Mr. Wrench of Charlton-
House Bill No. 153. A Bill to be entitled An Act to abolish the offices of Tax Receiver and Tax

MoNDAY, JANUARY 28, 1935.

Collector or Charlton County,Georgia,and create the office of Tax Commissioner of Charlton County,Georgia; and tor other purposes.

Committee on County and County Matters.

By Mr. Williams of JonesHouse Bill No. 169. A Bill to be entitled An Act
to reduce the amount or the bond of the Sherif! o! Jones County; and !or other purposes.

Comm1 ttee on County and County Matters.

By Mr. Guess,Mr~ Lindsay and Mr. Ansley or DeKa.lbHouse Bill No. 233. A Bill to be entitled An Act
entitled,"To amend the Act approved August 4th, 1933-pages 928 through 959, the same being An Act creating a new Charter !or the City or Lithonia; and !or other purposes.

Committee on MUnicipal Government.

By Mr. Brown o! GlynnHouse Bill No. 244. A Bill to be entitled An Act
to consolidate the offices and duties o! Tax Receiver and Tax Collector o! Glynn County,oa.; to provide !or a Tax Commissioner; and !or other purposes.

Committee on County and County Matters.

By Mr. Brown of GlynnHouse Bill No. 248. A Bill to be entitled An Act
to repeal An Act to consolidate the offices and duties of Tax Receiver and Tax Collector or Glynn County; and tor other purposes.

Comm1ttee on County and County Hltters.

By Mr. Brown o:r Glynn-

House Bill No. 250. A Bill to be entitled An Act

to amend An Act entitled "An Act to establish the

C1ty Court of Brunswick in and for the County o:r

Glynn;" and tor other purposes.

.

Committee on County and County Matters.

552

JouRNAL oF THE SENATE,

By Mr. Brown of GlynnHouse Bill No. 278. A Bill to be entitled An Act
to repeal An Act to create a Board or Commissioners of Roads and Revenues in the County of Glynn as amended; and for other purposes.
Committee on County and County Matters. By Mr. Brown of Glynn-
House Bill No. 279. A Bill to be entitled An Act to create a Board of Roads and Revenue_s in Glynn County; and :tor other purposes.
Comrn1ttee on County and County Matters. By Mr. Johnston of Upson-
House Bill No. 288. A Bill to be entitled An Act to abolish the offices of Tax Receiver and Tax Collector of Upson County,Georgia; to create the office of County Tax Commissioner; and :tor other purposes.
Committee on County and County Matters. By Mr. Martin of Jef:t Davis-
House Bill No. 296. A Bill to be entitled An Act to :tix the amount o:t the bond o:t the Sheriff of Je:t:t Davis County; and :tor other purposes.
Committee on County and County Matters. The following Senate Bills,:tavorablereported by comm1ttees,were read the second time: By Senator Crawford o:t the 42ndSenate Bill No. 33. A Bill amending Section 582 or the Ci~il Code or Georgia,vesting the authority in the governing authorities o:t the several counties to rix the rate o:r interest upon county orders; and tor other purposes. By Senator Kirkland of the 49thSenate Bill No. 41. A Bill defining the relationship of Judges and Jurors and when they shall be

MoNDAY, ]ANUARY 28, 1935.

553

disqualified; and for other purposes. By Senator Gaskins of the 6th; Senator Simmons of the 8th- .
Senate Bill No. 62. A Bill fixing a maximum charge by Leaf Tobacco Warehouses; and for other purposes. By Senator Pope of the 15th-
Senate Bill No. 68. A Bill to promote the plant industry in this state; and for other purposes. By Senator Pope of the 15th-
Senate Bill No. 69. A Bill to provide rules of eligibility for applicants for disabled veterans license; and for other purposes. By Senator Strickland of the 3rd; Senator Scott of the 7th-
Senate Bill No. 73. A Bill to establish and operate State Farmers Market; and for other purposes. By Senator Redwine of the 26th-
Senate Bill No. 81. A Bill to permit Building and Loan Associations to accept the advantages under the Home Owners Loan Act of 1933 as passed by Congress; and for other purposes.
The following Senate Resolution,favorable reported by Co~ttee,was read the second time: By Senator Mllhollin of the 46th;. Senator Johnston of the 39th-
Senate Resolution No. 26. A Resolution requestmg Congress to compensate operators of cotton ginnertea for the collection of taxes under the Bankhead Bill; and for other purposes.
The following bill of the Senate was read the third time and put upon its passage: By Senator Redwine or the 26th District-
Senate Bill No. 2. A Bill to amend Title 68

554

JouRNAL OF THE SENATE,

("Motor Vehicles"),Chapter 68-2("License tor Motor Vehicles and Chauffeurs"),of the Code ot Georgia of l933,which provides for the registration ot Motor Vehicles at halt years rates and quart~r year rates; and tor other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

Senator Vaughn of the 34th District offered the following substitute to Senate Bill No. 2:

A BilL

TO BE ENTITLED An Act to amend "An Abt to amend

an Act proved

lmown as Nobember

the "Georgia Motor Vehicle 30,1915,and as amended by a

nLawAc"~1a

p-

approved August 20,1918,and as amended by an Act

approved August l6,1919,and as amended by an Act

approved August 15,1921; and as amended by an Act

approved August 23,1927; to provide for a Commis- .

sioner of Vehicles; to define terms used; to pro-

vide for registration of Motor-Vehicles,tractors,

trailers, dealers, and manufacturers ot Motor-

Vehicles, and chauffeurs, and to provide tees for

said registration; to describe number plates and

provide for fastening them on certain vehicles; to

provide tor the regulation of lights and brakes to

be used; to regulate the use of highways by vehi~

registered in another State; to provide traffic

regulations; to regulate the size,weight,and type

of wheels of certain vehicles; to provide tor

regulation of motor-vehicles by municipalities; to

provide for the expense ot registration and the

disbursement of tees received; to prescribe duty and

s~lary of registration clerk and salary ot Commis-

sioner of Vehicles; to prohibit throwing certain

things on the highways; to provide for the enforce-

ment and penalties tor violation of this Acti and

to repeal all laws and parts of laws in cont ict

with this Act": by striking sub-sections (a), (b)

and the first and second paragraphs of sub-section

(c) of Section 4 of the said Act approved August

23,1927,and subs~1tuting in lieu thereof two new

MoNDAY, JANUARY 28, 1935.

555

subsections and paragraphs one and two of sub-section {c),for the purpose of providing annual fees for licensing of the operation of motorcycles,motorcycle side cars,and passenger carrying vehicles and non-passenger carrying motor trucks of one ton or less,and for changing the date for registration of motor vehicles and obtaining licenses by chauffeurs to the first day of March,and for other purposes.

SECTION 1. Be it enacted by the General Assembly

of the State of Georgia,and it is hereby enacted by

the authority of the same,that the Act 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 15,192l,and as

amended by an Act approved August 23,1927,be and the

same is hereby amended by striking subsections {a),

{b) and the first and second paragraphs of sub-sec-

tion (c) of Section 4 of said Act approved August

23 su

b1 1-9se2c7t,iaonnds

s

ub to

sti be

t

uting known

in as

lieu thereof two new sub-section (a),(b) and

by substituting two new paragraphs for the first and

second paragraphs of sub-section (c) of said Section

4,as follows:

(a} Motorcycles $ 3.00 (b' Motorcycle side car................. 2.00 (c) Passenger carrying motor vehicles twenty
five (25) cents per hundred (100) pounds, (or majorfractions thereof)of gross weight of vehicles having a gross weight in excess of twenty eight hundred (2800) pounds;minimum fee for passenger carrying motor vehicles with a gross weight of
ltweesnsty..e.i.g.h..t.h.u..n.d.r.e.d..(.2.8.0.0.)..p.o.u.n.d.s...or 3.00

For each non-passenger carrying motor-vehicle or truck of one-ton capacity or less....... 7.50

Said Motor-Vehicle Act approved August 23,1927,be further amended by striking the word February in the third Section or the Act approved August 23,

556

JouRNAL OF THE SENATE,

1927,occuring in the first and fourth paragraphs of

said section and substituting therefor the word

March,so that the requirement for registering and

obtaining licenses as in said Section provided

shal fore

l~1ahes

amended,be 1st day of

required to be done on or beMarch instead of 1st day of

February.

SECTION 2. Be it further enacted by the authority aforesaid! that the provisions of this amendment shall app y to the license tags to be issued and sold for the year 1935 and the following years.

SECTION 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Senator Chappell of the 13th District offered the following amendment to the substitute:
"To make the Substitute read: all cars of 2,800 pounds $3.00; all cars weighing over 2,800 pounds to be assessed Twenty Five Cents per hundred weight or franction thereof above this amount only."
Senator Vaughn of the 34th District offered the following amendment to the substitute:
"By striking all of sub-section C of Section 1,
and inserting in lieu thereof a new sub-section c
as follows: For all private passenger-carrying motor vehicles,the licens~ fee shall be $3.00,and for all non-passenger vehicle or vehicles,used as school busses and for hauling of farm products by
$th3e.oogr.ower of one an.d one-half to capacity or less,

Senator Scott of the 7th District moved the prev1 ous question and the motion prevailed.

Senator Vaughn or the 34th moved that the Senate reconsider its action in ordering the previous question. Motion was lost.

MoNDAY, JANUARY 28, 1935.

557

Senator Rucker of the 50th District moved that the Senate adjourn. Motion was lost.

The main question was ordered.

Senator Lester of the 18th District asked unanimous consent that Senator Millican of the 35th District be allowed 5 minutes in which to address the Senate on this -bill. There was objectfon.

The question was on the amendment of the Senator of the 13th District. The amendment was lost.

The question was on the amendment of the Senator of the 34th District.

The call for the ayes and nays was sustained,the roll was called and the v~te was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Cannon Carrington Carswell Chappell

Clark Hart Jones King McGehee McGinty

Millican Rucker Smith Thomas Vauglm

Those voting in the negative were Senators:

Beasley Crawford Darden Dennis Dickerson Duncan Edenfield
Evans
Gary Gaskins

Goodwin Harden JohnSon of the 31st J olmston of the 39th Kirkland Lancaster Larsen

Lester McWhorter Milhollin Pope Ragan Rawlins Scott Simmons Skelton Strickland Wright

The roll call was verified. The ayes were 17, nays 28.

558

JouRNAL oF THE SENATE,

Not voting were: Senators Cooper of the 22nd District,Fulghum of the 48th District,Kiker of the 41st District, McLeod of the 9th District and Turner of the 32nd District.

The amendment was lost.

The question was on the adoption or the substitute.

Tfie substitute was lost.

The question was on the passage of the bill.

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:

Almon Atkinson Beasley Cannon Carrington Carwsell Chappell Clark Crawford Darden Dennis Dickerson Duncan Edenfield
Evans Gary

Gaskins Goodwin Harden Hart JohnSon of the 31st .Johnston of the 39th Jones King Kirkland Lancaster Larsen Lester McGehee McGinty

McWhorter Milhollin Millican Pope Ragan Rawlins Scott Simmons Skelton Smith Strickland Thomas Vaughn Wright

Those voting in the negative were Senators: Rucker
Senator Lester of the 18th District asked unanimous consent to dispense with the verification of the roll call and consent was granted.

MoNDAY, JANUARY 28, 1935.

559

The ayes were 44, nays 1. Not voting were: Senators Cooper or the 22nd District, Fulghum or the 48th District, Kiker or the 41st District, McLeod or the 9th District and Turner or the 32nd District. The bill having received the requisite Constitutional majority,was passed. Senator Lester or the 18th District asked unanimous consent that the above bill be immediately transmitted to the House and the consent was grante~ Senator Lester or the 18th District moved that the Senate adjourn and the motion prevailed. The President announced that the Senate stood adjourned until 10 otclock tomorrow morning.

560

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, January 29, 1935.
The Senate met, pursuant to adjournment, at 10 otclock A.M., this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Pope of the 15th District asked unanimous consent to dispense with the calling of the roll and the consent was granted. Senator Hart of the 36th District,Chairman of the Committee on Journals, reported that he had examined -the Journal of yesterdayts proceedings and found
them to be correct.
Senator Millican of the 35th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted.
The Journal was confirmed. Senator Crawford of the 42nd District asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to send same to the Secretary's desk,and consent was granted.The following Senate Bills were introduced, read the first time and referred to Committees: By Senator Milhollin of the 46thSenate Bill No. 116. A Bill providing for the appointment and election or a Board or Commissioners of Roads and Revenues for the County of Coffee; and for other purposes. Committee on Counties and County Matters. By Senator Milhbllin of the 46thSenate Bill No. 117. A Bill to amend Chapter 5-2 of Title 5 of the Code or Georgia of 1933, which relates to the Bureau of Markets or the Department

TuESDAY, JANUARY 29, 1935.

561

or Agriculture;and tor other purposes. Co~ttee on Agriculture.
By Senator Strickland ot the 3rdSenate Bill No. 118. A Bill to provide tor the
taxation or gross income or amusements and places ot entertainment when operated tor profit; and tor other purposes.
Co~ttee on Finance. By Senator Crawford ot the 42nd-
Senate Bill No. 119. A Bill to define the term "attiliate" and "holding company, to prohibit any bank !rom hereafter owning or acquiring any attiliate! to prohibit holding companies !rom hereafter acqu ring or owning the common stock ot any bank or National Bank Association situated within the State or Georgia; and tor other purposes.
Comm.1ttee on Banks and Banking. By Senator Evans ot the 29th; Senator Kirkland ot the 49th-
Senate Bill No. 120. A Bill entitled an Act to vest in the Tax Collectors and Commissioners or the State ot Georgia all the powers ot Sherit!s ot the~ respective counties relative to the collection and levy or all tax ti.tas; and tor other purposes.
Co~ttee on Special Judiciary. By Senator Chappell ot the 13th-
Senate Bill No. 121. A Bill to amend Section 22308 ot the Code ot Georgia ot l933,which provides tor the granting or charters by Judges or the Superior Courts in vacation; and !or other purposes.
Co~ttee on Judic~ary No. 2. The following Senate Resolution was introduced, read the first time and referred to the Committee:

562

}O'URNAL OF THE SENATE,

By Senator Chappell or the 13thSenate Resolution No. 42. A Resolution proposing
to the General Assembly that the State Librarian be authorized to complete the sets of Supreme Court reports and Parkts Annotated Code in the offices or the Judge or the Superior Court of the Southwestern Circuit or Georgia; and for other purposes.
Co~ttee on Public Library. Mr. Skelton or the Thirtieth District Chairman of the Co~ttee on General Judiciary No. 1 submitted the following report: Mr. President: Your Committee on General Judiciary No. 1 have bad under consideration the following Bills or the Senate.and have instructed me as Cbairman,to report the same back to the Senate with the following recommendations: Senate Bill No. 13, do pass. Senate Bill No. 15, do pass as amended. Senate Bill No. 24, do not pass. Senate Bill No. 79, do pass QY substitute. Senate Bill No. 107, do pass.
Respectfully submitted, J.H. Skelton or 30th District, Chainnan.
Mr. Vaughn of the 34th District Chairman or the Committee on Special Judiciary subm1 tted the following report: Mr. President:
Your Committee on Special Judiciary have had under consideration the following Bill Qf the Senate and have instructed me as Chair.man,to reportthe same back to the Senate with the following recommendations:

TuESDAY, JANUARY 29, 1935.

563

Senate Bill No. 91, do pass, as amended. Respectfully submitted, Vaughn or 34th District, Chairman.
Mr. Clark or the 44th District Chairman or the Committee on Counties and County Matters submitted the following reportMr. President:
Your Committee on Counties and County Matters have had under consideration the following Bills or the Senate and House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 143, do pass as amended. Senate Bill No. 19, do pass by substitute.
Senate Bill No... 99, do pass
Respectfully submitted, Jim H. Clark.ot 44th District, Chairman.
Mr. Carrington ot the 27th District Chairman or the Committee on Public Utilities submitted the following report: Mr. President:
Your Committee on Public Utilities have had under consideration the following Bills or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 29,do pass, as amended. Senate Bill No. 2B,do pass. That Senate Resolution No. 24, do pass.
Respectfully submit~ed, John W. Carrington or 27th District, Chairman.

564

JouRNAL OF THE SENATE,

Mr. Evans ot 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 Bills or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 21, do pass as amended. Senate Bill No. 83, do pass.
Respectfully submitted, Randall Evans,Jr ot 29th District, Chairman.
Mr. Simmons of the 8th District Vice Chairman of the Committee on_Finance submitted the following report: Mr. President:
Your Comm1 ttee on Finance have had under consideration the following Bill or the Senate and have instructed me as Chairman to report the same back to the Senate with the roilow1ng recommendations:
Senate Bill No. 42, do not pass. Respectfully submitted, Simmons of 8th District, Vice Chairman.
The following bills or the Senate,ravorably re~ ported by Committees,were read the second time. By Senator Skelton ot the 30th; Senator Rucker of the 50th; Senator King ot the 11th; Senator Dennis ot the 28th-
Senate Bill No. 13. A Bill to regulate and re-

TuESDAY, jANUARY 29, 1935.

565

strict the rate or interest in this State; and for other purposes. By Senator Kirkland or the 49th-
Senate Bill No. 15. A Bill defining the offense or kidnaping for ransom and providing the punishment therefor; and for other purposes. By Senator Evans of the 29th-
Senate Bill No. 19. A Bill to vest in the Tax Collectors in certain counties all the powers or Sheriffs in regard to the levy or tax fi.ras; and for other purposes. By Senator Pope of the 15th-
Senate Bill No. 21. A Bill to amend the Banking Law or the Code or 1933 relating to the incorporation or banks; and for other purposes. By Senator Johnson of the 3lst;Senator Skelton of the 30th; Senator Scott of the 7th-
Senate Bill No. 28. A Bill amending the Code or Georgia or 1933 by providing for the admission in evidence or the record or proceedings before tlle Public Service Commission; and for other purposes. By Senator Johnson of the 31st; Senator Skelton of the 30th; Senator Scott of the 7th-
.Senate Bill No. 29. A Bill amending the Code of Georgiaor 1933 by adding a new section providlng the procedure in cases involving rate orders and the designating or Judges to hear the same; providing for bond in cases or injunction; and for other purposes. By Senator Millican of the 35th-
Senate Bill No. 79. A Bill providing that when any security deed or mortgage is foreclosed the land described in such deed or mortgage shall no longer constitute a lien against the person giving such security deed or mortgage; and for other purposes. By Senator King or the 11th-
Senate Bill No. 83. A Bill amending the Code or

566

JouRNAL OF THE SENATE,

Georgia of 1933 which imposes liability or stock holders of banks to depositors in an amount equal to the rae~ value of their shares; and for other purposes.

By Senator Almon of the 37thSenate Bill No. 91. A Bill amending Section 695
of the Political Code of Georgia by excepting certain counties from the provisions thereof; and for other purposes.

By Senator Millican of the 35thSenate Bill No. 99. A Bill authorizing any
municipality and county having a population of two hundred thousand or more to contract one with the other with reference to disposal of sewerage; and for ot~er purposes.

By Senator Skelton of the 30thSenate Bill No. 107. A Bill to amend Section 113-
1508 of the Code of Georgia of 1933 so as to provide the rank of claims for unpaid taxes due counties and municipalities of this State; and for other purposes.

The following bill of the ported by the Committee,was

House read

~1 hf aevsoercaobnl yd

retime:

By Mr. Dobbins of MorganHouse Bill No. 143. A Bill to be entitled an Act
to create the office of Commissioner of Roads and Revenue in and for the County of Morgan,arid 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. Rivers of Lanier,and others-
House Bill No. 2. A bill to be entitled an Act

TuESDAY, JANUARY 29, 1935.

567

to amend the Code or Georgia or 1933,so as to !ix the annual license tee tor all motor vehiclestexcept !arm tractors and motorcycle side cars,at $3.uO,and tor other purposes. By Mr. Rivers or La.nier,and others-
House Bill No. 3. A bill to be entitled an Act to authorize and direct the State Highway Department to pay two million dollars or surplus !unds into the State Treasury,and tor other purposes. By Mr. Rivers or La.nier,and others-
House Bill No. 5. A bill to be entitled an Act to define the status ot the Regents of the University System or Georgia,and tor other purposes.
Senator Skelton or the 30th District moved that the Senate revert to the order or reading House Bills first time and referring them to Committees.
The motion prevailed. The following bills or the House were read the first time and referred to Committees: By Mr. Rivers or Lanier and othersHouse Bill No. 2. A Bill to be entitled an Act to amend Title 68(nMotor Vehicles),Chapter 68-2 (nLicense tor Motor Vehicles and Chaurreursn),or the Code or Georgia of 1933,and tor other pruposes. Commdttee on State or Republic. By Mr. Rivers of La.nierHouse Bill No. 3. A Bill to be entitled an Act to authorize and direct the State Highway Department to pay Two Millon Dollars of surplus ~unds into the State Treasury; to provide tor the disbursement or said funds to pay school teachers,and school bus operators,and Confederate pensioners,and tor other purposes. Committee on Appropriations.

568

JouRNAL oF THE SENATE,

By Mr. Rivers of LanierHouse Bill No. 5. A Bill to define the status of
the Regents of the University System of Georgia,and of the members of the Board of Regents of the University System of Georgia; to declare the States ti~le and ownership of the property held by the Regents of the University System,and for other purposes.
Committee on University of Georgia and Branches. The following bill of the Senate was read the third time and put upon its passage: By Senator Redwine of the 26th DistrictSenate Bill No. 6. A Bill to be entitled An Act to amend Title 92 ("Public Revenue"),Part IX, ("Income Taxes"),Chapter 92-33("Payment;Deficieneies; Assessment and Collection"),Section 92-3309 ("Percenta~e of ~evenue Collected to be Retained for Refund ),by repealing said Section 92-3309 and enacting a new section to provide for annual appropriations for refunds of income taxes illegallY collected under ~aid title. The report of the committee,which was favorable to the passage of the bill, was agreed to.
o.On the passage of the bill,the ayes were 44, nays
The bill having received the requisite Constitutional majority, was passed.
The following bill of the Senate,including amendments and substitutes thereto, was read: By Senator Redw1ne of the 26th District-
Senate Bill No. 7. A Bill to be entitled an Act to create and establish a State Police Patrol in the State of Georgia; to provide for the establishment of a Drivers License Office; and for other purposes.

TuESDAY, JANUARY 29, 1935.

569

Senator Skelton or the 30th District moved that

rthee-cbomiml1l~1taeldl

substitutes and amendments thereto,be to the Committee on State or Republic

and the motion prevailed.

The following bills or the Senate were read the third time and put upon their passage~

By Senator Redwine or the 26th DistrictSenate Bill No. 10. A Bill to be entitled an Act
Pt(o"aSrattmaIteVendH(T"igSihttwlaeatey9HB5 oig(ah"rwdRaoayandSdsy,EBstrneigmdi~ne)es1el1r;"ha)anpdotreFrteh9re5r-i1Ce6sod"e), or Georgia or 1933,by amending Section 95-1603,!ixing the compensation or the Chairman or the State Highway Board by amending Section 95-1604 fixing the compensation pt the Members or the State Highway Board.

The report or the committee,which was favorable to the passage or the bill, was agreed to.
on the passage or the bill t~e ayes wer~ 38,nays Q

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

Senator Lester or the 18th District asked unanimous consent that Senate Bills No. 6 and No. 10 be immediatelY transmitted to the House and consent was granted.

By Senator Atkinson or the lst District and Senator Beasley or the 2nd District-
Senate Bill No. 26. A Bill to be entitled an Act to grant to the United States or America certain ungranted and reverted lands in Chatham County; and ror other purposes.

The report or the comm1ttee,wh1ch was favorable to the passage.or the bill, was agreed to.

o. On the passage or the bill the ayes were 321 nays

570

JouRNAL oF THE SENATE,

The bill having received the requisite Constitutional _majority1 was passed.

By Senator Crawford of the 42nd District-

Senate Bill No. 33. A Bill to be entitled An Act

to amend an Act or the General Assembly approved

Ju of

l

y th

e24C1 1i9v2il0

,enti Code

tled: An Act to of Georgia by

amend Se providing

ction that

582

County Warrants legally issued and duly presented

and not paid tor want of tunds shall bear interest

at the legal rate from date or entry by the Treas-

u o

rer the

or such p r purposes

res so

ent as

atio to

n p

roanvdidneonth-paatymtheentr1

and ate

tor or

interest upon County Orders may be fixed by the

governing authorities or the several counties of

this state and may be charged by them from time to

time 1 and for other purposes.

t

o

The r the

eport o passage

r th or

e th

ecobmimllit1tewe 1aws haigchreewdas

t

fav o.

o

r

a

b

l

e

o.On the passage or the bill the ayes were 351 nays

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

Senator Crawford or the 42nd District asked unanimous consent that Senate Bill No. 33 be immediately transmitted to the House, and consent was granted.

Senator Rawlins or the 45th District asked unanimous consent that Senate Bill No. 26 be immediately transmitted to the House, and consent was granted.

By Senator Crawford of the 42nd District-
Senate Bill No. 34. A Bill to be entitled An Act
to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts or this State; and !or other purposes.

The report or the committee, which was favorable to the passage or the bill 1 was agreed to.

TUESDAY, jANUARY 29, 1935.

571

On the passage of the bill the ayes were 40, nays
o.
The bill having received the requisite Constitutional majority, was passed.
Senator Crawford of the 42nd District asked unanimous consent that Senate Bill No. 34 be immediately transmitted to the House, and consent was granted.
The following privileged resolutions were read and adopted: By Senator Scott of the 7th District-
A Resolution extending the privileges of the floor to the Hon. Carey Skelton of Hartwell, Georgia.
A Resolution extending the privilges of the floor to Hon. Frank Forrester, Solicitor of the City Court of Thomasville. By Senator Lester of the 18th District-
A Resolution extending the privileges of the floor to Hon. Alfred Traylor, former Respresentative of Richmond County. By Senator Smith of the 24th District-
A Resolution extending the privileges of the floor to Hon. Willis Battle of Columbus, a former member of the General Assembly. By Senator Crawford of the 42nd District-
A Resolution extending the privileges of the floor to Mrs.James H. Clark, wife of the Senator of the 44th District, and to Mrs.John Beasley, wife of the Senator of the 2nd District.
Senator Scott of the 7th District moved that the Senate do adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 10 otclock tomorrow morning.

572

JouRNAL oF THE SENATE,

Senate Chamber,Atlanta,Georgia. Wednesday,January 30,1935.
The Senate met,pursuant to adjournment,at 10 oclock A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator McGehee or the 25th District asked unanimous consent that the calling or the roll be dispensed with and the consent was gran, ted. Senator Hart of the 36th District,Cha1rman of the Committee on Journals,reported that he had examined the Journal or yesterdayrs proceedings and round it correct. Senator Pope or the 15th.District asked unanimous consent that the reading or the Journal be dispensed with and the consent was granted. The Journal Wa.s confirmed. Senator Scott or the 7th District asked unanimous consent that House Bill No. 5 be withdrawn from Committee on the University or Georgia and its Branches,read the second time and re-committed,~nd the consent was granted. The following bill or the House was read the second time and recommitted to the Committee on the University or Georgia and its Branches: By Mr. Rivers or Lamer-
House Bill No. s. A Bill to define the status or
the Regents of the Uniyersity System of Georgia and ot the members of the Board or Regents or the University System or Georgia; and tor other purposes.
Mr. Johnston ot the 39th District,Chairman of the Committee on Industrial Relations,submitted the

WEDNESDAY, jANUARY 30, 1935.

5'73

following report: Mr. President:
Your Committee on Industrial Relations have had under consideration the following Bills ot the Senate,and have instructed me,as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 31, do pass. Senate Bill No. 100, do pass.
Respectfully submitted, Joe E. Johnston,or 39th District, Chairman.
Mr. Milhollin or the 46th District,Chairmah ot the Committee on Agriculture,submitted the following report: Mr. President:
Your Committee on Agriculture have had under consideration the following Bill or the Senate,and have instructed me as Chairman to report the same back to the Senate with the following recommendations:
Senate Bill No. 117, do pass. Respectfully submitted, J.H. Milhollin or 46th District, Chairman.
Mr. Jones ot the 17th District,Chairman of the Committee on Uniform Laws,submitted the following report: Mr. President:
Your Committee on Uniform Laws have had under consideration the following Senate Bill and have instructed me as Chairman,to report the same back to

574

JouRNAL OF THE SENATE,

the Senate with the following recommendations: Senate Bill No. 48, do pass. Respectfully submitted, Jones of 17th District, Chairman. Mr. Beasley of the 2nd District,Chairman of the
Committee on Public Highways,submitted the following report: Mr. President:
Your Committee on Public Highways 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 following recommendations:
Senate Bill No. 110, do pass. Senate Resolution No. 27, do pass. Senate Resolution No. 28, do pass. Senate Bill No. 88, do pass.
Respectfully submitted, Beasley of 2nd District, Chairman.
Mr. Lester of the 18th District,Chairman of the Comm1ttee on Appropriations,submitted the following report: Mr. President:
Your Committee on Appropriations have had under consideration the following Bill of the Hous& and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 3, do pass. Respectfully submitted,
W~. Lester ot 18th District, Chairman.

WEDNESDAY, jANUARY 30, 1935.

575

Mr. Johnson.of the 31st District,Chairman of the Committee on Constitutional Amendments,submitted the following report: Mr. President:
Your Committee on Constitutional Amendments have had under consideration the following Bills and Resolutions of the Senate, and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Resolution No. 56, do pass. Senate Bill No. 45, do pass. Senate Resolution No. 38, do pass. Senate Bill 36, do pass. Senate Bill No. 40, do pass Senate Resolution No. 22, do not pass.
Respectfully submitted, Johnson of 31st District, Chairman.
Mr. Carrington of the 27th Distrlct,Chairman of the Committee on Public Utilities,submitted the following report: Mr. President:
Your Committee on Public Utilities have had under consideration the following Bill of the Senate,and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 27, do pass, as amended.
JRoehsnpwec. tfCualrlyrinsgutbomnitotef-d2,7th District,
Chairman. Mr. Darden of the 51st D1str1ct,Cha1rman of the Committee on State of Republ1c,subm1tted the following report:

576

JouRNAL oF THE SENATE,

l"Ir. President: Your Committee on State of Republic have had
under consideration the following Bills and Resolution of the House and Senate,and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 1, do pass. House Bill No. 2, do pass. Senate Resolution No. 41, do pass.
ResAplelcetnfuwll.yDsaurbdemnitotefd5, 1st District,
Chairman . Mr. Chappell of the 13th District,Chair.man of the Committee on Public Libraries,submitted the following report: Mr. President: Your Committee on Public Libraries have had under consideration the following Resolution of the Senate,and have instructed me as Chair.man,to report the same back to the Senate with the following recommendations: Senate Resolution No. 40, do pass.
Respectfully submitted, Allen Chappell of 13th District, Chairman.
Mr. Millican of the 35th D1strict,Cha1rman of the Committee on Congressional and Legislative Reapportiorunent,submitted the !ollowlng report: Mr. President:
Your Committee on Congressional and Legislative Reapportionment have had under consideration the following Bill of the Senate,and have instructed me

WEDNESDAY, jANUARY 30, 1935.

577

as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 14, do pass,by substitute. Respectfully submitted, G.E. Millican of 35th District, Chairman.
Mr. Clark or the 44th District,Chairman of the Committee on Counties and County Matters,submitted the following report: Mr. President:
Your Committee on CountJ_es 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 following recommendations:
Senate Bill No~ 95, do pass. Senate Bill No. 89, do pass. Senate Bill No. 116, do pass. House Bill No. 49, do pass. House Bill No. 124, do pass. House Bill No. 296, do pass.
Respectfully submitted, J. H. Clark of 44th District, Chail'man.
Mr. King of the 11th 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
ot the Senate,and have in~tructed me as'Chairman,
to report the same back to the Senate with the following recommendations:

578

JouRNAL oF THE SENATE,

Senate Bill No. 54, do pass. Senate Bill No$ 22, do pass.
Respectfully submitted, E.R. King of 11th District, Chairman.
The following message was received from the House through Mr. Kingery,the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following bill or the House to wit: By Messrs. Lanier,Harris and Barrett of Richmond:
House Bill No. 12. A Bill to be entitled an Act to propose an amendment to the Constitution or Georgia,so as to authorize the General Assembly to classify property for taxation; to limit the State tax on real estate and also limit the tax on intangible property,and for other purposes.
The following Senate Bills were introduced,read the first time and referred to Committees: By Senator Edenfield of the 4th-
Senate Bill No. 122. A Bill to regulate communistic activities in the State of Georgia; and for other purposes.
Committee on State of Republic. By Senator Carrington or the 27th-
Senate Bill No. 123. A Bill to repeal Section 2549 of the Code of 1910 which provides tor a penalty and attorneyts fees against Insurance companies for a refusal to pay losses in baa faith and to enact a substitute section providing that failures to pay losses within the time specified in the policy shall as to all contracts made require in addition the payment at 12 per centum thereon;

WEDNESDAY~ JANUARY 30, 1935.

579

and for other purposes. Committee on Insurance.
By ffenator Skelton of the 30thSenate Bill No. 124. A Bill to adopt"and make of
torce the Code or Georgia known as the Code of Georgia of 1933; and for other purposes.
Co~ttee on General Judiciary No. 1. By Senator Skelton of the 30th-
Senate Bill No. 125. A Bill to amend the Code or Georgia or 1933 with reference to filing of declaration and attachments; and for other purposes.
Committee on General Judiciary No. 1. The following Senate Resolution was introduced, read the first time and referred to Committee: By Senator Evans of the 29thSenate Resolution No. 43. A Resolution that a copy of the 1933 Code of Georgia be furnished for the Superior Court roam or McDuffie County; and for other purposes. Committee on Public Library. The following resolution of the Senate was read first time and ordered to lie on the table for one day: By Senator Carrington of the 27th DistrictSenate Resolution No. 44. A Resolution urging our Representatives in Congress to support the tmmediate passage of the "Bonus Bill" regarding the distribution of the payments thereunder as being fair,equitable and just. The following bill of the House was read the first time and referred to Committee:

580

JouRNAL OF THE SENATE,

By Messrs. Lanier,Harris and Barrett of RichmondHouse Bill No. 12. A Bill to be entitled an Act
to propose an amendment to the Constitution of Georgia so as to authorize the General Assembly to classify property for taxation; to limit the state tax on real estate and also limit the tax on intangible property; and for other purposes.
Committee on Amendments to the Constitution. The following bills of the Senate,fa.vorably reported by Committees,were read the second time. By Senator Millican of the 35thSenate Bill No. 14. A Bill amending the Constitution of the State and rearranging the Senatorial Districts; and for other purposes. By Senator Evans of the 29thSenate Bill No. 22. A Bill to amend the act creating a Text Book Commission for the State of Georgia; to provide how text books used in the common schools of this State shall be adopted,prepared,published,purchased,eXhibited and sold; and for other purposes. By Senator Johnson of the 31st; Senator Skelton of the 30th; Senator Scott of the 7th:Senate Bill No. 27. A Bill to amend an Act, Title 93,("Public Service Commission"),addi:ng to said Title a new section defining the term "public Utility; " and for other purposes. By Senator Lester of the 18thSenate Bill No. 31. A Bill amending the Workmans Compensation Act by adding a new section requiring Insurance companies and persons or Corporations insuring the payment of compensation to employees as provided by said act to obtain permits from the Department of Industrial Relations; and for other purposes. By Senator Atkinson of the 1st; Senator Crawford of the 42nd-

WEDNESDAY, JANUARY 30, 1935.

581

Senate Bill No. 36. A Bill to amend the Constitution of the State of Georgia and to provide for the exempt1.on of home property up to the value of $2500.00 from State ad valorem te~ation; and for other purposes.

By Senator Atkinson of the lst; Senator Carswell of

the 21st; Senator Simmons of the 8th; Senator

Beasley of the 2nd; Senator Gaskins of the 6th;

Senator Clark of the 44th; Senator Dickerson of the

5th; Senator Strickland of the 3rd; Senator I1il-

llollin of the 46th; Senator Kirkland of the 49th;

Senator Edenfield of the 4th; Senator Jones of the

17th; Senator Crawford of the 42nd; Senator Pope

of the 15th; Senator Mc~~orter of the 19th; Senator

Carrington of the 27th-

Senate Bill No. 40. A Bill amending the Consti-

tution of the State of Georgia providing for the

exemption from ad valorem taxation of industries

engaged in the manufacture of paper of woodpulp;

and for other purposes.



By Senator Millican of the 35th; Senator Lester of the 18th-
Senate Bill No. 45. A Bill amending the Constitution of this State so that the General Assembly may exempt from taxation the property of persons or corporations where the profits or income is devoted to charity or educational purposes; and for other purposes.

By Senator Scott of the 7th; Senator Lester of the 18th-
Senate Bill No. 48. A Bill to amend Title 84 of the Code of Georgia or 1933 by providing for a State Board or Accountancy; and for other purposes.

By Senator Dennis of the 28thSenate Bill No. 54. A Bill to regulate the trans-
portation of school children and require County Board of Education to construct Bus Depots; and for other purposes. By Senator Millican of the 35th-
Senate Bill No. 56. A Bill to remit,cancel and

582

JouRNAL OF THE SENATE,

annul all poll taxes which have accrued prior to January 1st', 1934; and ror other purposes. By Senator Almon of the 37th-
Senate Bill No. 88. A Bill amending an Act reorganizing and reconstituting the State Highway Department; and for other purposes. By Senator Almon of the 37th-
Senate Bill No. 89. A Bill vesting in the Tax Collectors in certain counties the power or Sheriffa of said counties relative to the collection and levy or all tax fi.fas; and ror other purposes. By Senator Scott or the 7th-
Senate Bill No. 95. A Bill amending the Act creating the City Court or Thomasville; and for other purposes. By Senator Millican or the 35th-
Senat.e Bill No. 100. A Bill amending the charter or the City or Atlanta with reference to group insurance on the lives or employees; and for other purposes. By Senator Gaskins of the 6th-
Senate Bill No. 110. A Bill amending the TraylorNeill Bill so as to add to said map a road beginning in Nashville,Berrien County,Georgia;and for other purposes. By Senator Milhollin of the 46th-
Senate Bill No. 116. A Bill providing for the appointment and election or a Board or Commissioners or Roads and Revenues rorthe County of Coffee; and for other purposes. By Senator Milhollin of the 46th-
Senate Bill No. 117. A Bill to amend chapter 5-2 of Title 5 of the Code of Georgia of 1933 which relates to the Bureau or Markets or the Department or ~!culture; and for other purposes.

WEDNESDAY, JANUARY 30, 1935.

583

The following resolutions o:r the Senate,fa.vorably reported by Committees,were read the second time. By Senator Beasley o:r the 2nd- Senat& Resolution No. 27. A Resolution authorizing State Highway Department to purchase and retire bonds o:r the Cedarhaw School District; and :ror other purposes. By Senator Chappell of the 13th-
Senate Resolution No. 28. A Resolution instructing the Highway Department to pave certain roads; and :ror other purposes. By Senator Larsen o:r the 16th-
Senate Resolution No. 38. A Resolution amending the Constitution o:r Georgia,to exempt non-productive land for the growing o:r timber from ad valorem taxation; and :ror other purposes. By Senator Crawford o:r the 42nd-
Senate Resolution No. 40. A Resolution authorizing the State,Librarian to furnish the Ordinary o:r Chattooga County,Summerville,Georgia,the Code of 1933; and :ror other purposes. By Senator Redwine of the 26th-
Senate Resolution No. 41. A Resolution to authorize the Governor and Secretary o:r State to cause a new seal o:r the State to be made; and for other purposes. By Senator Chappell o:r the 13th-
Senate Resolution No. 42. A Resolution proposing to the General Assembly that the State Librarian be authorized to complete the sets o:r Supreme Court reports and Park's Annotated Code in the offices ot the Judge o:r the Superior Court o:r the Sou~hwestern Circuit o:r Georgia;and tor other purposes.
The following bills o:r the House,:ravorably reported by Cammittees,were read the second time: By Mr. Rivers o:r Lanier and others-
House Bill No. 1. A Bill to be entitled an Act

584

JouRNAL oF THE SENATE,

to ratify,approve and confirm the Executive orders of the Governor suspending the collection of a portion of the Motor Vehicle tag taxes and license fees; and for other purposes. By Mr. Rivers of Lanier and others-
House Bill No. 2. A Bill to amend Title 68\"Motor Vehicles 11 )Chapter 68-2( 11License for l'lotor Vehicles and Chauffeurs"),of the Code of Georgia of 1933; and for other purposes. By Mr. Rivers of Lanier-
Hause Bill No. 3. A Bill to be entitled an Act to authorize and direct the State Highway Department to pay two million dollars of surplus funds into the State Treasury; to provide for the disbursement of said funds to pay school teachers and school bus operators and Confederate pensioners; and for other purposes. By Messrs. Moye and Blease of Brooks-
House Bill No. 49. A Bill to be entitled an Act to fix the amount of the bond of the Sheriff of Brooks County,and for other purposes. By Mr. Batchelor of Putnam-
House Bill No. 124. A Bill to be entitled an Act to fix the amount of the bond of the Sheriff of Putnam County,Georgia; and for other purposes. By Mr. Martin of Jeff Davis-
House Bill No. 296. A Bill to be entitled an Act to fix the amount of the bond of the Sheriff of Jeff Davis County; and for other purposes.
The following resolution of the House was read: .
By Mr. Harris of-RichmondHouse Resolution No. 69. A Resolution approving
the action of the Governor in suspending the Public Service Commission;and for other purposes.
On adoption of the resolution the ayes were 39,

WJ;DNESDAY, JANUARY 30, 1935.

585

nays 1. The resolution having received the requisite Con-
stitutional majority,was adopted. The following bill of the Senate was read:
By Senator Skelton of the 30th District,Senator Rucker of the 50th District and Senator King of the +lth District-
Senate Bill No. 13. A Bill to be entitled an Act to regulate and restrict the rate of interest in this State,and for other purposes.
Senator Skelton of the 30th District moved that it be re-committed to the Committee on General Judiciary No. 1, and the motion prevailed.
The following bills of the Senate were read the third time and put upon their passage: By Senator Kirkland of the 49th District-
Senate Bill Nc. 15. A Bill d9fin1P~ the offense of ki~~apping for ransom and providing the punishment therefor,and for other purposes.
The committee offered the following amendment: "By inserting in Section 1 after the words Jor decoy away' in the fourth line the following clause: 'To any place other than where any person is seized or carried away,abducted or stolen away,or forcibly, maliciously or fraudently led,taken,carried or decoyed away.' "The committee further moves to amend said bill by striking Section 3 and inserting in lieu thereof the following: "Section 3. Be it further enacted that the Act approved March 10, 1933 entitled tan Act to amend Section 26-1603 of the Code of Georgia of 1933 which section fixes the punishment for the offense of kidnapping and kidnapping for ransom to twenty

586

JoURNAL OF THE SENATE,

(20)years; to repeal all laws ln conflict herewith, and for other purposes, be and the same are hereby repealed,where in conflict with the provisions of this Act defining the offense of kidnappill for ransom and fixing the punishment therefor.
The Committee amendment was adopted. The report of the Cammittee,which was favorable to the passage of the bill,as amended,was agreed to. On the passage of the bill,as aruended,the ayes were 38,nays 1. The bill as amended having received the requisite Constitutional majority,was passed. By Senator Evans of the 29th DistrictSenate Bill No. 19. A Bill to be entitled an Act to vest in the Tax Collectors of such counties of the State of Georgia as have a population of not less than 9005 and not more than 9020, as determined by the census of the United States of 1930 or by any future United States Census,all the powers ot sheriffs of their respective counties relative to the collection and levy of all Tax fi.fas., Issued by such collectors,and to execute valid conveyances made by them under tax sales: to provide tor their compensation as such: and for other purposes. The committee offered the following substitute: Substitute. Senate Bill No. 19. A BILL ENTITLED"AN ACT TO VEST IN THE TAX-cOL-
LECTORS OF SUCH COUNTIES OF THE STATE OF GEORGIA AS HAVE A POPULATION OF NOT LESS THAN 9005. AND NOT MORE THAN 9020,AS DETERMINED BY THE CENSUS OF THE UNITED STATES OF 1930 OR BY ANY FUTURE UNITED STATES CENSUS,ALL THE POWERS OF SHERIFFS OF THEIR RESPECTIVE COUNTIES RELATIVE

WEDNESDAY, JANUARY 30, 1935.

587

TO THE COLLECTION AND LEVY OF ALL TAX FI.FAS., ISSUED BY SUCH COLLECTORS,AND TO EXECUTE VALID CONVEYANCES MADE BY THEM UNDER TAX SALES: TO PROVIDE FOR THEIR COMPENSATION AS SUCH: AND FOR OTHER PURPOSES " SECTION 1. Be it enacted by the General Assembly ot the State or Georgia,and it is hereby enacted by authority or same,that all tax-collectors of such counties of the State of Georgia as have a population or not less than 9005 and not more than 9020 ~ccording to the census of the United States for the year 1930,or as shown and determined by any future census of the United States,shall be ex-officio sheriffs of their respecti~e counties in so far only as to give them full power and authority to collect all taxes due the State of Georgia and their respective counties,in their respective counties, and all other taxes required to be collected by them,by levy,advertisement and sale under tax executions,and that said tax-collectors be vested wi~h fUll power and author! ty to levy any and all t1. fas. issued by them,whether prior to or subsequent to the passage or t~is Act,and that the compensation to be received by them for rendering services as such ex-officio sheriffs shall be the same as now allowed by law to sheriffs for the same or like services; that said tax-collectors shall have the power or sheriffs to bring all property to sale that is subject to said fi fas., and shall have full authority to execute any and all necessary conveyances or bills of sale or other instruments required by law of sheriffs to be given to the purchasers at public sales,and shall have the authority to do and perform all other acts and to exercise all other powers vested in sheriffs with respect to the levy of said fi. fas., the sale of property thereunder,and the execution of conveyances therefor, or with respect to any other feature connected with the collection of said fi.fas.,by levy and sale; and all sales made by them as ex-officio sheriffs shall pass title and be as val~d in all respects as if made by the sheriffa of the ~espective counties.

588

JouRNAL OF THE SENATE,

SECTION 2. Be it further enacted by the authority aforesaid that in the levy of said fi.fas., and in the making of sales thereunder, in the advertisement of said sales,said tax-collectors shall in all respects conform to the provisions of law governing such sales by the sheriffs of this State and all advertisements of such sales,required to be inserted in a newspaper,shall be published in the newspaper in which the sheriff's advertisements for said county are published,and shall be published for the same period of time.
SECTION 3. Be it further enacted by the authority aforesaid that said tax-collectors shall have power to appoint one-or more deputies under the provisions of this Act,and all deputies thus appointed shall be vested with all the powers herein granted unto the tax-collectors,and said taxcollectors shall be responsible tor the acts of their said deputies as sheriffs are liable for the acts of their deputies and the compensation of such deputies shall be paid by said tax-collectors.
SECTION 4. Be it further enacted by the authority aforesaid that upon passage of this act the tax-collectors of such counties as are effected by this act shall inunediately be vested with the right to the custody and control of tax fi. fas., heretofore issued in said county,whether the same be in the hands of the sheriff or deputy sheriff of said county,or any other person; and the said parties who hold said tax fi.fas., are hereby directed to place same in the hands of the tax .collectors of said counties.
SECTION 5. Be it further enacted by the authority aforesaid that should any section of this act be declared unconstitutional the other section shall not be thereby effected.
SECTION 6. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The substitute was adopted.


WEDNESDAY, jANUARY 30, 1935.

589

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 o.
The bill,by substitute,having received the requisite Constitutional majority,was passed. By Senator Pope of the 15th District-
Senate Bill No. 21. A Bill to be entitled an Act to amend the Banking law as codified in Title 13, Section 13-901 (3) of the Code of 1933, relating to the incorporation of Banks,by providing that banks may be chartered in towns with population not exceeding 2,000 with minimum capital of not less than $15,ooo.oo; and for other purposes.
The committee offered the following amendment,towit:
"By striking the figures 2,000 in both the caption and the body of the bill and inserting in lieu thereof the figures 2,500."
The amendment was adopted. The report of the cammittee,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 4l,nays o. The bill,as amended,having received the requisite Constitutional majority,was passed. Senator Pope of the 15th District asked unanimous consent that Senate Bill No. 21 be immediately transmitted to the House and consent was granted. By Senator Johnson of the 31st District, Senator Skelton of the 30th District,and Senator Scott ot

590

_joURNAL OF THE SENATE,

the 7th DistrictSenate Bill No. 28. A Bill to be entitled an Act
to amend Section 93-503 of Chapter 93-5 of Title 93 of the Code of Georgia of 1933 by providing for the admission in evidence of the record of proceedings before the Public Service Cammission,and for furnishing certified copies thereof; by providing for the expense of furnishing such copies; and for other purposes.
The report of the committee,which was favorable to the passage of the bill, was agreed to.
o.On the passage of the bill the ayes were 38,nays
The bill having received the requisite Constitutional majority,wa.s passed.
Senator Johnson ot the 3lstDistrict asked unanimous consent that the bill be immediately transmitted to the House and consent was granted. By Senator Johnson of the 31st District,Senator Skelton of the 30th District, and Senator Scott of the 7th District-
Senate Bill No. 29. A Bill to be entitled an Act to amend Title 93 ("Public Service Commissioner"), Chapter 93-2i("Creation; Domicile: Election,Qualifications,Sa aries,Etc. of Members") of the Code of Georgia or 1933, by adding a new section to be numbered 93-212 providing the procedure in cases involving rate orders,and for the designation of Judges to hear same; py adding a new section to be numbered 93-213,providing for bond in cases of 1njunction,and for other purposes.
The committee offered the following amendment, to-wit:
"By striking from Section '93-213' the words tto file with the clerk of the court,monthly,a state-

WEDNESDAY, JANUARY 30, 1935.

591

mentr occuring in line five thereof and substituting in lieu of said words the following: rto keep a permanent record available to the Publtc Service Commission,and tile monthly with the clerk or the court a statament or the aggregate -amounts so collected'"

Senator: Skelton ot the 30th District moved to amend Senate Bil.l No. 29 as follows: by striking from Section 93-213 the tollowiTI words appearing in lines 7,8, and 9 as follows: and the excess amount collected by it and contested in such litigation which excess shall be shown on the monthly bills or each customer," and substituting in lieu thereof the following: "and the Public -Service Commission shall prescribe forms which shall be used by the utility affected in notifying customers tor their protection pending the litigation."

Both the committee amendment and the amendment by the Senator ot the 30th District were adopted.

The report or the cornmittee,which was favorable to the passage ot the bill as amended,was agreed to.

On ere

3th0e,npayasssoag. e.of

the

bill

as

amended

the

ayes

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

Senator Johnson ot the 31st District asked unanious consent that Senate Bill No. 29 be ~ediately ransmitted to the House and consent was granted.

y Senator Carswell ot the 21st District-

Senate Bill No. 38. A Bill to be entitled an Act o amend Title 23{"Counties"),Section 23-1608 ("Want ot tunds.Presentment ot orders"), ot the ode ot Georgia ot 1933, which provides tor the resentment of county orders and tor the payment of nterest thereon,by striking and repeLling that art or said Section which provides tor the payment

592

JouRNAL OF THE SF.NATE,

or interest on county orders; and for other purpooes.
The report of the committee,which was favorable to the passage or the bi1l,was agreed to.
The President left the Chair. Senator Scott of the 7th District presided.
After addressing himself to the measure pending before the Senate,the President resumed the Chair.
Senator S~ons of the 8th District moved the previous question and the motion prevailed.
The main question was ordered. On the passage of the bill the ayes were 34,nays
6.
The bill having received the requisite Constitutional majo~1ty, was passed.
The following privileged resolutions were read and adopted: By Senator Skelton or the 30th District-
A Resolution extending the privileges or the floor to Honorable A.N. Alford and T.s. Mason of Hartwell,former members of the General Assembly. By Senator McGehee of the 25th DistrictA Resolution extending ~he privileges or the floo to Mrs. J.M. Simmons,wife of the Senator of the 8th District. By Senator Scott of th~ 7th District-
A Resolution extendtng the privileges of the floor to Honorable D.C. Thompson of DeKalb County.

WEDNESDAY, jANUARY 30, 1935.

593

By Senator Skelton or the 30th DistrictA Resolution extending the privileges or the floor
to Honorable W.A. Scott,father or Senator Scott of the 7th District. By Senator Hart of the 36th District-
A Resolution extending the privileges or the floor to Dr.J.M. Tribble, a distinguished Georgian. By Senator Les~er of the 18th District-
A Resolution extending the privileges of the floor to Dr. A.L. Shealy,member of the University of Floridats faculty.
Senator Clark or the 44th District moved that the Senate do adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until tomorrow morning at 10 o'clock.

594

JouRNAL OF THE SENATE,

Senate Chamber,Atlanta,Georgia. Thursday,January 31,1935.
The Senate met,persuant to adjourrJnent,at 10 otclock AeM. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Simmons of the 8th Distr1ct asked unanimous consent that the calling of the roil be dispensed with and consent was granted. Senator Hart of the 36th Distr1ct,Cha1rman of the Committee on Journals,reported that he had examined the Journal of yesterday's proceedings and found it correct. Senator Pope of the 15th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted. The Journal was confirmed. Senator Atkinson of the lst District asked unani mous consent that Senators having bills and resolutions to introduce be allowed to send them to the Secretary's desk and consent was granted. The following resolution of the Senate was read and referred to t~e Rules Committee: By Senator Skelton of the 30th DistrictSenate Resolution No. 45. A Resolution providi that when the order of business is reached on this date for reading bills for the third time ready for passage,General House Bills ready for a third reading be first taken up and placed upon their passage. The following Senate Bills were 1ntroduced,read the first time and referred to Committees:

THURSDAY, JANUARY 31, 1935.

595

By Senator Atkinson or the 1stSenate Bill No. 126. A Bill to amend Section 95-
2102 or Chapter 95-21 or Title 95 or the Code or Georgia or 1933 by providing that the State Treasurer shall set apart monthly,surriclent funds to pay Highway refunding certificates; and ror other purposes.
Committee on Highways and Public Roads. By Senator McLeod of the 9th-
Senate Bill No. 127. A Bill providing ror additional highway mileage from Elmodel through Milford to Arlington,Georgia; and tor other purposes.
Committee on Highways and Public Roads. By Senator Cooper or the 22nd; Senator Larsen of the 16th; Senator Evans of the 29th; Senator Jones or the 17th; Senator Lester of the 18th; Senator Vaughn of the 34th; Senator Dennis of the 28th; Senator Millican or the 35th; Senator Carrington or the 27th-
Senate Bill No. 128. A Bill declaring the 12th of October of each year,commonly known as Columbus Day,to be a public and legal holiday in this State; and for other purposes.
Committee on State or Republic. By Senato~ Smith of the 24th; Senator Millican or the 35th; Senator~ing of the 11th; Senator McGinty of the 43rd-
Senate Bill No. 129. A Bill to amend the Code ot Georgia of 1933 providing that the State Superintendent of Schools shall be Secretary and Execu-tive Agent or the State Board of Bducation,rixing the compensation for such services from $2500.00 annually to $4000.00 annually; and for other purposes.
Committee on Education. The following message was received from the House

596

JouRNAL OF THE SENATE,

through Mr. Kingery, the Clerk thereof': Mr. President:
The House has passed by the requisite Constitutional majority the following bills and resolutions or the House to wit: By Mr. Atwood of' Mcintosh-
House Bill No. 46. A Bill to be entitled an act permitting the taking or catfish in Mcintosh County,and for other purposes. By Mr. Williams of' Bacon-
House Bill No. 67. A Bill to be entitled an act to reduce the official bond of' the Sheriff' or Bacon County,and for other purposes. By Mr. Morris of' Douglas-
House Bill No. 89. A Bill to be entitled an act to abolish the office or tax collector or Douglas County,Georgia; to create the office or Tax Commissioner, and tor other purposes. By Mr. Oden of' Pierce-
House Bill No. 110. A Bill to be entitled an act - to amend an act to provide and establish a charter
tor the City of' Blackshear,and for other purposes. By Messrs. Patten or Tif't,Houston and Perry or Worth,Thrasher or Turner and Henderson of Irwin-
House Bill No. 127. A Bill to be entitled an act to change the time of' holding Superior Court in Tifton Judicial Circuit,and tor other purposes. By Messrs. Grayson,Cohen and McNall of Chatham-
House Bill No. 203. A Bill to be entitled an act to amend the several acts relating and incorporating the Mayor and Aldermen or the city or Savannah,and tor other purposes. By Mr. Salter o! Baker-
House Bill No. 255. A Bill to be entitled an act to prohibtt the assessment or collection or road

THURSDAY, JANUARY 31, 1935.

597

tax in Baker County,and for other purposes. By Mr. Gavin of Clay-
House Bill No. 292. A Bill to be entitled an act to repeal an act which reduced the territorial ltm1ts or the Town or Blurrton,in the county of Clay,and for other purposes. By Mr. Whitmire of Dawson-
House Bill No. 318. A Bill t.o be entitled an act to repeal an act to create a Board of Commissioners or Roads and Revenues or Dawson County,and for other purposes. By Mr. Weeks of Columbia-
House Bill No. 351. A Bill to be entitled an act to amend an a~t creating and establishing a new charter for the Town of Harlem,and for other purposes. By Messrs. Griffin and Mills. of Decatur-
House Bill No. 367. A Bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Decatur,and for otller purposes. By Messrs.Morris or Douglas and Whitmire of Dawson-
House Resolution No. 83. A Resolution directing the Agricultural Committees of the House and Senate to hold joint sessions,and for other purposes. By Mr. Swann of Grady-
House Bill No. 370. A Bill to be entitled an act to amend an act creating the office of Grady County Tax Comm1ssioner,and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereor: Mr. President:
The House has passed by the requisite Constitutional majority the following bills and resolutions of the Senate to wit:

598

JouRNAL OF THE SENATE,

By Senator Redwine of the 26thSenate Bill No. 4. A Bill to be entitled an Act
to repeal Section 62-901 of the ~ode of Georgia,l933 (Title No. 62, 8 Live Stock")creating the office of State~eterinarian,and Section 62-903 of the Code of Georgia,l933,providing for his salary and expenses; to provide that the Commissioner of Agriculture shall have and exercise the powers and duties now imposed by law upon the State veterinar1an,etc. By Senator Redwine of the 26th-
Senate Resolution No. B. A Resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article V, Section 1, Paragraph VIII, of the Constitution of Georgia,providing for a LieutenantGovernor,who shall be President of the Senate,providing !or the compensation or the Lieutenant Governor and providing for his succession to the executive power in case of the death,resignation or disability of the Governor.
Sena~or Lester of the 18th District asked unanimous consent that the Senate take a recess of five minutes in order that the Rules Committee might meet and consent was granted.
The President called the Senate to order. Mr. Skelton. of the 30th District,Acting ViceChairman of the Committee on Rules,subm1tted the following report: Mr. President: Your Committee on Rules have had under considerationthe following Resolution o! the Senate, and have instructed me as Acting Vice-Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 45, do pass.
Respectfully submitted, Skelton of 30th District, Acting Vice-Chairman.

THURSDAY, JANUARY 31, 1935.

599

On the adop~ion of Senate Resolution No. 45,which

was favorably ayes were 37,

nreapyos rote.d

by

the

Rules

Committee,the

The resolution was adopted.

Mr. Smith 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 Bill or the Senate artd have instructed me as Chairman, to report the same back to the Senate with the following recommendation:

Senate Bill No. 60, do pass.

Respectfully submitted, H. Dixon.Smith of 24th District, Chairman
Mr. W.w. Larsen,Jr. ot the 16th District,Chair-
man or the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:

Your Committee on Judiciary No. 2 have had under consideration the.tollowing Bills or the Senate, and have instructed me as Chainnan, to report the same back to the Senate with the following recommendations:

Senate Bill No. 59, do pass. Senate Bill No. 108, do pass.

Reswp.ewc.tfLuallrysensuJbrm.itoterdisth Distric~
Chairman.

600

JouRNAL or THE SENATE,

Mr. Skelton o:f the 30th District,Chairman. o:f the Committee on General Judiciary No. !,submitted the :following report: Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the :following Bill or the Senate and have instructed me as Chairman,to report the same back to the Senate with the :following recommendation:
Senate Bill No. 13, do pass,as amended. Respectfully submitted, Skelton o:f 30th District, Chairman.
Mr. Pope o:f the 15th District,Chairman o:f the Committee on Penitentiary, submitted the :following report: Mr. Prestdent:
Your Committee on Penitentiary have had under consideration the :following Bill ot the Senate and have instructed me as. Chairman, to report the srune back to the Senate with the :following recommendation:
Senate Bill No. 39, do pass. Respectfully submitted, J. Ellis Pope o:f 15th District, Chairman.
Mr. Crawford o:r the 42nd District,Chairman o:f 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 or the Senate

THURSDAY, JANUARY 31, 1935.

601

and have instructed me as Chairman, to report the

same back to the Senate with the following recom-

mendations:



Senate Bill No. 49, do pass, as amended. Senate Bill No. 50, do pass, as amended. Senate Bill No. 51, do pass, as amended. Senate Bill No. 52, do pass, as amended. Senate Bill No. 53, do pass, as amended.

Respectfully submitted, J.Sante Crawford of 42nd District, Chairman.

Mr. McLeod of the 9th District,Chairman of the Committee on Engrossing,submitted the following report:

Mr. President:

Your Committee on Engrossing have instructed me as Chairman,to report to the Senate the following:
...
We have examined the following bills of the Senate, to-wit: Senate Bills No. 15, No. 19, No. 21, No. 28, No. 29, No. 38, and find they have been properly engrossed,duly signed and ready for transmission to the House.

Respectfully submittad A.N. McLeod of 9th District, Chairman.

Mr. Harden of the 47th District,Chairman of the Committee on Enrollment,submitted the following report:

Mr. President:

Your Committee on Enrollment have instructed me as Chairman,to report to the Senate the following:

We have examined Acts of the General Assembly as tollows,to-w1t: Act No. 4, and Act (S.R.) No. 8,

602

JouRNAL OF THE SENATE,

and find they have been properly enrolled,duly signed and ready tor delivery to the Governor.
Respectfully submitted, Harden ot 47th District, Chairman.
The following bills of the Senate,tavorably reported by Committees,were read the second time: By Senator Skelton of the 30-
Senate Bill No. 39. A Bill amending Title 77 ("Prison Commission") raising the salaries ot the Prison Commissioners to $4500.00 per annum; and tor other purposes. By Senator Edenfield of the 4th-
Senate Bill No. 49. A Bill to regulate seining, netting,or trapping of fish; to regulate fishing in fresh and salt water streams; and tor other purposes. By Senator Edenfield of the 4th-
Senate Bill No. 50. A Bill to regulate and prohibit hunting of deer or other game animals at night; and tor other purposes. By Senator Edenfield ot the 4th-
Senate Bill No. 51. A Bill to regulate the storage of all game animals; and tor other purposes. By Senator Edenfield ot the 4th-
Senate Bill No. 52. A Bill to prescribe closed season tor hunting deer,turkey,grouse or any type ot pheasant w1thin certain counties; and tor other purposes. By Senator Edenfield of the 4th-
Senate Bill No. 53. A Bill to authorize the Cammissioner ot game and fish to contract with the United States Government tor the control and regulation of Federal Forest Land with game,bird,tish; and tor other purposes.

THURSDAY, JANUARY 31, 1935.

603

By Senator Rawlins of the 45; Senator Scott of the

7th-

Senate Bill No. 59. A Bill to provide for the

service of process in civil suits against non-

residents of motor vehicles,operators,chauffeurs;

and for other purposes.

.

By Senator Millican of the 35thSenate Bill No. 60. A Bill to regulate the manu-
facture,sale,possession, control of narcotic drugs in the State of Georgia; and for other purposes.

By Senator Vaughn of the 34thSenate Bill No. 108. A Bill to provide for a
joint control between sureties fiduciary in fiduciary matters; and for other purposes.

The following resolution of the Senate was read and adopted:

By Senator Redwine of the 26th District,Senator Lester of the 18th District,Senator Skelton of the 30th District,Senator Hart of the 36th District, Senator Rawlins of the 45th District,senator Vaughn of the 34th District,Senator Harden of the 47th District,and Senator Ragan of the 14th District-
Senate Resolution No. 46. A Resolution expressing the regret of the Senate on the illness of the Senator of the 48th District and wishing him a speedy recovery.

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

By Mr. Rivers or Lanter and othersHouse Bill No. 1. A Bill to be entitled an Act
to ratify, approve and confirm the executive orders of the Governor suspending the collection of a portion of the motor vehicle tag taxes and license fees; to remit,cancel and annul all of the motor vehicle tag taxes or license fees accruing since January 1, 1933, or while said orders are effective, or during the regular sessions of the General Assembly in 1935,except the amounts required to be paid

604

JouRNAL oF THE SENATE,

by said orders; and for other purposes.

Be it enacted by the Generaly Assembly of Georgia:

Section 1. That the executive orders of the Governor dated March 18, 1933,March 30, 1933,and January l,l934,suspending the collection of a portion of the motor vehicle tag taxes,or license fees,required to be paid under the Georgia Motor Vehicle Law approved March 30, 1915,as amended by the Act apuroved August 23, 1927,and as otherwise amended, anJ as embodied-in Title 68,Chapter 68-2 of the Code of Georgia of 1933,which orders suspended the collection of all such taxes or license fees except $3.00 upon each motor vehicle so registered, and suspended the entire amount of such tax or license fee upon motorcycle side cars,be and the same are hereby ratified,approved,and confirmed.

Section 2. That all motor vehicle tag taxes,or license fees,which have accrued under said Georgia Motor Vehi~le Law,since January 1, 1933,or may hereafter accrue while said orders are effective, and/or during the regular sessions of the General Assembly in 1935,except the amounts required to be paid by said orders,be and the same are hereby remitted,cancelled and annulled.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

Senator Skelton 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 Senators:

Almon Atkinson Beasley

Carrington Carswell Chappell

Clark Cooper Crawford

THURSDAY, JANUARY 31, 1935.

605

Darden Dennis Dickerson

Johnston o:r the 39th Jones

Millican Po;;e Ragan

Duncan

Kiker

Rawlins

Edenfield

King

Rucker

Evans

Kirkland

Simmons

Gary Gaskins Harden

Larsen Lester McGinty

Skelton Smith Strickland

Hart

McLeod

Thomas

Johnson o:r the McWhorter

31st

I1ilhollin

Turner Vaughn Wright

Verification o:r the roll call was dispensed with.

The ayes were 44 and nays o.

Not voting were: Senators Cannon of the 40th District,Fulghum o:r the 48th District,Goodw1n o:r the 20th D1str1ct,Lancaster o:r the lOth District, McGehee o:r the 25th District and Scott o:r the 7th District.
The bill having received the requisite Constitut1 onal major!ty, wa.s passed.

By Mr. Rivers of Lanier and othersHouse Bill No. 2. A Bill to be entitled an Act
to amend the Code of Georgia of 1933 so as to fix the annual license fee tor all motor vehicles, except :rarm tractors and motorcycle side cars,at $3.001 and tor other purposes.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
On passage o:r the bill the ayes were 42,nays o.

The bill having received the requisite Constitutional majority~was passed. By Mr. Rivers of Lanier-
Hause Bill No. 3. A Bill to be entitled an Act to authorize and direct the State Highway Department to pay $2,000,000.00 of surplus funds into the State Treasury,and tor other purposes.

The report o:r the comm1ttee,wh1ch was favorable

606

JouRNAL OF THE SENATE,

to the passage of the bill, was agreed to.

Senator Skelton 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 Senators:

Almon Atkinson Beasley Carrington Carswell Chappell Clark Cooper Crawford Darden Dennis Dickerson Duncan Edenfield Evans Gary

Gaskins Harden Hart Jol:mson of the 31st Johnston of the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee

McGinty McLeod McWhorter Milhollin Millican Pope Ragan Rawlins Scott Skelton Strickland Thomas Turner Vaughn Wright

Verification of the roll call was dispensed with.
The ayes were 44 and nays o.

Not voting were: Senators Cannon of the 40th District,Fulghum of the 48th D1str1ct~Goodw1n or the 20th District,Rucker of the 50th uistrict, Simmons of the 8th District and Smith of the 24th District.

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

By Messrs. Moye and Blease of Brooks-

House Bill No. 49. A Bill to be entitled an Act to fix the amount of the bond or the Sheriff or Brooks County,and for other purposes.

THURSDAY, jANUARY 31, 1935.

607

The report or the committee,which was favorable to the passage or the bill,wasagreed to.
On the passage of the bill the ayes were 26,nays
o.
The bill having received the requisite Constitutional ma.jority,was passed. By Mr. Batchelor of Putnam-
House Bill No. 124. A Bill to be entitled an Act to fix the amount or the bond or the Sheriff of Putnam County,Georgia,and for other purposes.
The report or the committee,which was favorable to the passage or the bill,was agreed to.
On the passage of the bill the ayes were 47,nays
o.
The bill having received the requisite Constitutional ma.jority,was passed. By Mr. Martin of Jeff Davis-
House Bill No. 296. A Bill to be entitled an Act to fix the amount of the bond of the Sheriff of Jeff Davis County, and far other purposes.
The report 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
o.
The bill having received the requisite Constitutional majority,was passed.
The following bill of the Senate was read,as amended, and put upon its passage: By Senator Skelton of the 30th District,Senator Rucker of the 50th District and Senator King ot the 11th District-

608

JouRNAL OF THE SENATE,

Senate Bill No .. 13. A Bill to be entitled an Act to regulate ar1d restrict the rate or interest in this State,and tor other purposes.

The President left the Chair and Senator Beasley of the 2nd District presided.

The committee offered an amendment.

Senator Lester of the 18th District offered the folloWing amendment:

"By changing the period to a comma and adding the following to Sectioli 2:

'Provided that an interest or 8% per annum may be. charged if specified in writing.'"

Upon the adoption ot the amendment by Senator Lester the ayes were 21, nays 16.

The amendment was adopted ..

The question was on the adoption of the committee amendment ..

Senator Skelton or the 30th District called tor 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:

Dennis

King

Johnson ot the Rucker

31st

Skelton

Smith Turner Wright

Those voting in the negative were Senators:

Almon Atkinson Beasley Cannon Carswell

Chappell Clark Cooper Crawford Darden

Dickerson Duncan Edenfield Evans Gary

THURSDAY, JANUARY 31, 1935.

609

Gaskins

Larsen

Pope

Hart

Lester

Ragan

Johnston of the McGehee

Rawlins

39th

McGinty

Simmons

Jones

McLeod

Strickland

Kiker

McWhorter

Thomas

Kirkland

Milhollin

Vaughn

Lancaster

Millican

Senator Crawford or the 44th District asked unani-

mous consent that verification of the roll call be

dispensed with and consent was granted.

The ayes were 8, nays 37.

Not voting were: Senators Carrington of the 27th District,Fulghum of the 48th District,Goodwih of the 20th District,Harden of the 47th District,and Scott of the 7th District.

The amendment was 1 ost.

The report of the conmittee,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 7, nays 30~
The billzas amended,having failed to receive the requisite ~onstitutlonal majority,was lost.
The President resumed the Chair.

By Senator Millican of the 35th DistrictSenate Bill No. 14. A Bill to be entitled an Act
to amend the Constitution of the State of Georgia so as to rearrange the Senatorial Districts; and for other purposes.

The President left the Chair and Senator vaughn of the 34th District presided.

A minority report was submitted.

Senator Skelton of the 30th District moved that the Senate adjourn and the motion prevailed.

610

JouRNAL OF THE SENATE,

The following privileged resolutions were adopted: By Senator Jones or the 17th District-
A Resolution extending the privileges or the floor to Mr. and Mr. E.E. Chance or Waynesboro, Georgia. By Senator Johnson or the 31st District- A Resolution extending the privileges or the floor to Hon. C.M. McClure or ToGcoa,a former member or the House,and to Miss Jane Crawford also or Toccoa. By Senator Crawford or the 42nd District-
A Resolut.ion extending the privileges or the floor to Mrs. Ellis Pope, wife of the Senator ot the 15th District.
A comnrunication.rrom Reverend Louio D. Newton, Pastor of Druid Hills Baptist Church,inv1t1ng the General Assembly to attend,.the morning service on February 3, or the Druid Hills Church was read.
Senator Vaughn of the 34th District presiding announced that the Senate stood adjourned until 10 otclock tomorrow morning.

FRIDAY, FEBRUARY 1, 1935.

611

Senate Chamber~Atlanta,Georgia. Friday,~ebruary 1, 1935.
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 Lester of the 18th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Hart of the 36th District,Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found them correct. Senator Jones of the 17th asked unanimous consent to dispense with the reading of the Journal and consent was granted. The Journal was confinned. Senator Scott of the 7th District asked unanimous consent that Senators having bills and resolutions to introduce be allowed to send same to Secretary's desk and consent was granted. Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 40 be re-committed to the Committee on Amendments to the Constitution,consent was granted and the bill was re-committed. The following bills of the Senate were introduce~ read the first time and referred to Commdttees: By Senator Thomas of the 33rd,SenatorCannon of the 40thSenate Bill No. 130. A Bill to amend the Code of Georgia of 1933 providing a provision prescribing the manner of descent and distribution of such

612

JouRNAL oF THE SENATE,

estate where the wife dies within the period of 12 months after the death of the husband and leaves no lineal descendants; and for other purposes.
Committee on General Judiciary No. 1. By Senator Lancaster of the lOth-
Senate Bill No. 131. A Bill to amend an Act approved August 26,1925, regulating the business of fire casualty insurance in this State; and for other purposes.
Committee on Insurance. By Senator Crawford of the 42nd-
Senate Bill No. 132. A Bill prohibiting any person holding any public office,employment,or position Qf whatsoever character from accepting employment or aid in sectuing any pardon of any kind whatsoever; and for other purposes.
Committee on Special Judiciary. By Senator Beasley of the 2nd-
Senate Bill No. 133. A Bill to provide for the redemption of real estate,sold under any execution or by virtue of any judgement of a court of record or under any deed or trust,power of sale in a mortgage; and for other purposes.
Committee on General Judiciary No. 2. By Senator Atkinson of the lst;Senator Lester of the 18th-
Senate Bill No. 134. A Bill to amend the Constitution of the State of Georgia so as to provide !our additional Senators; and !or other purposes.
Committee on Amendments to the Constitution. The following resolution of the Senate was read: By Senator Scott o! the 7th DistrictSenate~esolut1on No. 47. A Resolution providing

FRIDAY, FEBRUARY 1, 1935.

613

that House Bill No. 5. be withdrawn from the Comittee on University of Georgia and its branches and re-committed to the Committee on State of the Republic with instructions to the latter committee to report House Bill No. 5 back to the Senate not later than the hour of convening the Senate Monday morning, February 4th, 1935.
Senator Atkinson of the 1st District offered the following substitute:
Resolved that theCommittee on University of Georgia and its Branches be directed either by its Chairman or Vice-Chairman to call a meeting of the Committee and report House Bill No. 5 back to the Senate not later than Tuesday,February 5th.
The substitute was adopted. The resolution by substitute was adopted. The following resolution of the Senate was read and adopted: By Senator l"Iillican of the 35th D1str1ct,a.nd Senator Vaughn of the 34th DistrictSenate Resolution No. 48c A Resolution expressing the regret of the Senate upon the death of Honorable James L. Mayson of Atlanta. Senator Millican of the 35th District asked unanimous consent ;that the Senate Bill No. 14 of which he is the author,a bill creating a new Senatorial Distr1ct,be re-committed to the Committee on Amendments to the Constitution and consent was granted. The following message was received from the House hrough Mr. Klngery, the Clerk thereof: President: The House has passed by the requisite Constitutional majority the following Bills and Resolutions

614

JouRNAL oF THE SENATE,

of the Senate to wit:

By Senator Redwine: Senate Bill No. 9. A Bill to be entitled an Act
to amend Title 54 (Industrial Relations) Chapter 54-1 (Department of Industrial Relations} Section 54-107 (Commissioner of Commerce and Labor electio term of office; vacancy in office) of the Code of Georgia of 1933 by providing a term of office ot tour years tor the Commissioner of Commerce and Labor, and for other purposes.

By Senator Redwine: Senate Bill No. 8. A Bill to be entitled an Act
to amend Title 5 (Agriculture),Part l(Department o Agriculture; Bureau of Markets,State Warehouse Departments) Chapter 5-l (In General), Section 5-103 (Term of Commissioner; vacancy in office) ot the Code of Georgia of 1933 by fixing the term ot office ot the Commissioner of AgricUlture at tour years,and tor other purposes.

By Senator Redwine:

Senate Resolution No. 9. A Resolution proposing

to the qualified voters of the State of Georgia,

AtorrtircaletifIiIcIa,tiSoenctoior nrevj,ecPtairoang,raapnh

amendment II of the

to Consti

tution ot Georgia,which provides tor the election

ot the Senate,by providing that the Lieutenant Gov

ernor shall be President of the Senate,and tor the

election ot a President pro tempore of the Senate.

By Senator Redwine: Senate Resolution No. 12. A Resolution proposin
to the qualified voters of the State ot Georgia, for ratification or rejection,an amendment to Article VIII, Section II, Paragraph I, of the Consti tution of Georgia,providing for a State School Superintendent in lieu of the State School Commissioner,fixing the term of office of the State School Superintendent,and for otner purposes.

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

FRIDAY, FEBRUARY 1, 1935.

615

Mr. President: The House has passed by the requisite Constitu-
tional majority the follooing resolutions of the Senate as amended. By Senator Redwine:
Senate Resolution No. 10. A Resolutlon proposing to the qualified votersof the State of Georgia; for ratification or rejection,an amendment to Article V, Section 1, Paragraph II of the Constitution of Georgia,changing the terms of office or the Governor and other constitutional State officers, fixing the salary of the Governor and making him ineligible to re-election for four years,and for other purposes.
Mr. Skelton of the 30th District,Cha.irman of the Committee on Judiciary No. l,submitted the following report: Mr. President:
Your Committee- on Judiciary No. 1 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 following recommendations:
Senate Bill No. 124, do pass. Respectfully submitted, J.H. SKelton Sr.of 30th District, Chairman.
Mr. Vaughn of the 34th 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 follow-

616

JouRNAL OF THE SENATE,

ing recommendations: Senate Bill No. 82, do pass. House Bill No. 102, do pass. Respectfully submitted, Vaughn of 34th District, Chairman. Mr. Carrington of the 27th District,Chair.man of
the Committee on Public Utilities,submitted the following report: Mr. President:
Your Committee on Public Utilities have had unde consideration the following Bill of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 114, do pass. Respectfully submitted, Carrington of 27th District, Chairman.
Senator Evans of the 29th District asked unanimous consent that when the Senate adjourn today that it stand adjourned until 11 o'clock Monday morning,next,and consent was granted.
The following resolution of the House was read first time and referred to committee: By Messrs. Morris of Douglas and Whitmire of Dawson-
House Resolution No. 83. A Resolution directing the Agricultural Committees of the House and the Senate to hold joint sessions, and for other purposes.
Referred to. Committee on Rules.

FRIDAY, FEBRUARY 1, 1935.

617

The following bills of the House were read the first time and referred to Committees:
Mr. Atwood of McintoshHouse Bill No. 46. A Bill to be entitled an Act ending An Act permitting the taking of catfish in cintosh County; and for other purposes. Committee on Game and Fish.
y Mr. Williams of Bacon-
House Bill No. 67. A Bill to reduce the official ond of the Sheriff of Clayton County; and for othr purposes. Committee on County and County Matters. y Mr. Morris of DouglasHouse Bill No. 89. A Bill to abolish the office r Tax Collector or Douglas County,Georgia; to crete the office or Tax Commissioner; and for other urposes. Committee on County and County Matters.
Mr. Oden of Pierce-
House Bill No. 110. A Bill to amend an Act to rovide and establish a charter for the city of lackshear; and for other purposes. Committee on Municipal Government. y Mr. Patton of Tift; Mr. Houston and Mr. Perry f Worth; Mr. Thrasher of Turner; Mr. Henderson of
rwin-
House Bill No. 127. A Bill to change the time f holding Court in Tift Judicial Circuit; and for ther purposes. Committee on Special Judiciary. y I1r. Grayson,Mr. Cohen and Mr. McNall of Chatha.mHouse Bill No. 203. A Bill amending the several cts relating and incorporating the Mayor and Alde~

618

JouRNAL oF THE SENATE,

man of the City of Savannah; and for other purpose~
I
Committee on Municipal Government.

By Mr. Salter of Baker-

i

House Bill No. 255. A Bill to prohibit the as- _J

sessm.ents or collecting of road tax in Baker Countyt

and for other purposes.

Committee on County and County Matters.

By Mr. Gavin of Clay-
House Bill No. 292. A Bill to repeal an Act which reduced the territorial limits of the town of Bluffton in the County of Clay; and for other purposes.

Comndttee on Municipal Government.

By Mr. Whitmire of DawsonHouse Bill No. 318. A Bill to repeal an Act to
create a Board of Commissioners of Roads and Revenues of Dawson County;and for other purposes.

Committee on COunties and County Matters.

By Mr. Weeks of ColumbiaHouse Bill No. 351. A Bill to be entitled an Act,
to amend An Act entitled "An Act to create and establish a new charter for the town of Harlem in 1 the County of Columbla";and for other purposes.

Committee on Municipal Government.

By Mr. Griffin and Mr. Mills of DecaturHouse Bill No. 367. A Bill to create a Board of I
Commissioners of Roads and Revenues for the County 1 of Decatur,State of Georgia; and for other purposes

I

Committee on Counties and County Matters.

I

By Mr. Swann of GradyHouse Bill No. 370. A Bill to be entitled An
Act to amend An Act approved August 24th,l931,

FRIDAY, FEBRUARY 1, 1935.

619

reating the. office of Grady County Tax Comm1ssionr; and for other purposes. Committee on Counties and County Matters. The following Bills of the Senate,favorably reorted by Committees, were read the second time: y Senator Vaughn of the 34th-
Senate Bill No. 82. A Bill to define the pracice of physiotherapy and to regulate the practice hereof; and for other pruposes. y Senator Skelton of the 30thSenate Bill No. 114. A Bill to amend Title 68, art 2, Chapter 68-6 of the Code of Georgia of
933; an.d for other purposes
y Senator Skelton of the 30thSenate Bill No. 124. A Bill to adopt and make of
force the Code of Georgia known as the Code of eorgia of 1933; and for other purposes. The following bill of the House favorably reported by Committee was read the second time: y l'1r. l1ann1ng and Mr. Welsch of CobbHouse Bill No. 102. A Bill to be entitled an ct to create four terms of Superior Court of Cobb ounty,Georgia; and for other purposes.

The following bill of the Senate was read the hird time and put upon its passage: y Senator Evans of the 29th District-
Senate Bill No. 22. A Bill to be entitled an ct to amend an Act entitled " An Act to create a ext-Book Commission for the State of Georgia: to define their duties and powers: to provide for the doption and use of a uniform series of text-books in the public schools of the State: and for other purposes."

620

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 21, nays 12.
The bill having failed to receive the requisite Constitutional majority, was lost.
senator Evans of the 29th District gave notice that he would move that the Senate reconsider itts action in defeating Senate Bill No. 22, at the proper time.
Senator Skelton of the 30th District asked unanimous consent that Senate Bill No. 27, a bill of which he is the joint author,which amends Title 93 relative to the Public Service Commission,be made a special and continuing order under the head of unfinished business Monday. The consent was granted.
The following bill of the Senate was read the third time and put upon its passage: By Senator Lester of the 18th District-
Senate Bill No. 31. A Bill amending the Workmans Compensation Act by adding a new section requiring insurance companies and persons or corporations insuring the payment of compensation of Pmployees as provided by said Act to obtain permits from the Department of Industrial Relations.
The report of the cammittee,which was favorable to the passage ot the bill,was agreed to.
Senator Atkinson or the 1st District moved the previous question and the motion prevailed.
The main question was ordered. On the passage of the bill the ayes were 29, nays 4.

FRIDAY, FEBRUARY 1, 1935.

621

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

The following message was received from the House through l'1r. Kingery, the Clerk thereof:

1'1r. President:

The House has passed by the requisite Constitutional majority the following bills of the House to wit:

By l1r. Warnell of Bryan: House Bill No. llG. A Bill to be entitled an act
to authorize the tax collectir~ officials of Bryan County to collect delinquent taxes by levy and sale, ~nd for other purposes.

By Mr. Warnell of Bryan: House Bill No. 113. A Bill to be entitled an Act
creating a Board of Commissioners of Roads and Revenues, Bryan 'County,Georg1a,de!ining their duties,and for other purposes.

By Mr. Warnell of Bryan: House Bill No. 114. A Bill to be entitled an Act
to require certain officers of Bryan county to furnish and give bond and for other purposes.

By Mr. Leonard of walker: House Bill No. 148. To be entitled an Act to
amend an Act to abolish the existing Board of Roads and Revenues of Walker County,and create a Board of Commissioners for Walker County; and for other purposes.

By Mr. Sutton of Wiles:

House Bill No. 179. A Bill to be entitled an Act

to amend the Charter of the City of washington,Ga.,

and for other purposes.

.

By Mr. Claxton of Johnson: House Bill No. 274. A Bill to be entitled an Act
to amend the Charter of the town of Kite; and for

622

JouRNAL oF THE SENATE,

other purposes.

Messrs. Garrett and Camp of Carroll : House Bill No. 299. To be entitled an Act to
amend an act establishing a system of public schools for the City of Carrollton and for other purposes.

Senator Lester of the 18th District asked unanimous consent that Senate Bill No. 31 be immediately transmitted to the House.

There was objection.

Senator Atkinson of the 1st District asked unani-

mous consent that Senate Bill No. 36, a bill of

which he is joint a.uthor,which amends the Consti-

tution of the State of Georgia so as to provide

for the exemption of home property up to the value

of $2500 from State ad valorem taxation, be made a

special and continuing order under the head of un-

finiShed business Tuesday,next. The consent was

grante~.



Senator Lancaster or the lOth District gave notice that he would move that the Senate reconsider it's action in passing Senate Bill No. 31, at the proper time.

Senator Johnson of the 31st District movea that the Senate adjourn and the motion~revailed.

The following privileged resolutions were read and adopted.

By Senator McGehee of the 25th District,Senator Redwine of the 26th District, and Senator Smith of the 24th District-
A Resolution extending the privileges of the floor to Colonel andMrs. J.M. Little of Fort Benning, Georgia.

By Senator Jones of the 17th DistrictA Resolution extending the privileges of the

FRIDAY, FEBRUARY 1, 1935.

623

floor to Mrs. Frank A. Dennis, First Vice President of the u.D.c., of Georgia,and wife of the Senator of the 28th District. By Senator Vaughn of the 34th District,and Genator Hart of the 36th District-
A Resolution extending the privileges of the !loor to Mr. Millican,the !ather of the Senator ot the 35th District. By Senator Smith of the 24th District,and Senator Evans of the 29th District-
A Resolution extending the privileges of the floor to Mr. and Mrs. George F. Singer of Columbus_, Georgia. By Senator Clarke of the 44th Dis.trict-
A Resolution extending the privileges of the floor to the Honorable Noel Steed, Assistant Solicitor General of the Cherokee Cir~uit.
Senator tvans of the 29th District was granted leave of absence for Monday and Tuesday,February 4th and 5th, on account of very important legal
business at home .
Senator Johnson of the 31st District was granted leave or absence for Monday,February 4th, on account of important business at home.
The President announced that the Senate stood adjourned until 11 otclock Monday morning,next.

624

JouRNAL oF THE SENATE,

Senate Chamber,Atlanta,Georgia. Monday,February 4, 1935.

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

Prayer was offered by the Chaplain.

The following resolution of the Senate was read and adopted:

By Senator Redwine of the 26th District,Senator scott of the 7th District, Senator Skelton of the 30th District,Senator Vaughn of the 34th District and Senator Ragan of the 14th District-

Senate Resolution No. 49.

WHEREAS,This Senate has learned of the particularly untimely death of our colleague and friend, the Honorable Charles C. Fulghum, Senator from the 48th District,and

WHEREAS,This information has brought a keen sense of sadness to the members of this body,and a distinct feeling of the loss we have sustained;therefore

BE IT RESOLVED: That the desk and chair of Senator Fulghum remain draped in mourning for a period of ten days; that a committee of five be appointed by the President to draft suitable memorial resolutions and that the same be presented to the Senate Wednesday morning and spread upon the Journal.

RESOLVED FUB~HER: That,out of respect to the mem-

ory of our deceased colleague,this Senate stand

adjourned at 12 o'clock.

'

The President made the following announcement: That during the recess of the Senate,the President

MoNDAY, FEBRUARY 4, 1935.

625

learned of the sad death of Senator Charles c. Ful-
ghum, whose funeral had been fixed for 11 otclock, Monday morning,at Abbeville. The following members of the Senate were appointed to act as an honorary escort at the funeral: Senator King of the 11th District, Senator MiJhollin of the 46th District, Senator Ragan of the 14th District,Senator Edenfield or the 4th District,and Senator McGehee of the 25th District.

Senator Evans or the 29th District asked unanimous consent thatthe calling of the roll be dispensed with and consent was granted.

Senator Hart of the 36th District,Chairman of the Connnittee on Journals, reported that he had examined the Journal of the previous session and found it correct.

Senator Lancaster of the lOth District asked unanimous consent that action to reconsider Senate Bill No. 31, as stated in notice given by him at the previous session, be postponed until tomorrow, TuesdaY,February 5th.

Consent was granted.

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. Thrasher of Turner and Arnall of Coweta.

House Resolution No. 97. an invitation to Honorable

DAanRieelsocl.utRioonpeerx,Steencdrien-g

tary of Commerce of the United States,to address a

joint session of the General Assembly.

The following message was received from the House through I'1r. Kingery the Clerk thereof:

626

JouRNAL OF THE SENATE,

Mr. President: The House has passed by the re4uisite Constitu-
tional majority the following Bills ot the House to wit: By Messrs. Sammons ot Gwinnette,Lanier and Harris, ot Richmond and others:
House Bili No. 56. A Bill to be entitled an Act to amend an Act,entitled " An Act to establish a Department ot Insurance",and tor other purposes. By Messrs. Claxton ot Johnson,Rawlins,ot Ben Hill, Booth ot Barrow,and others:
House Bill No. 107. A Bill to be entitled an Act to provide tor the payment of a license by all persons fishing within the state or Georgia, to prescribe penalties tor the violation or this Act,and tor 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. Lanier,Harris and Barrett,ot Richmond:
House Bill No. 11. A Bill to be entitled an Act to amend the Charter or the City ot Augusta,and tor other purposes.
By Mr. Weathers,ot Jenkins:
House Bill No. 17, A Bill to authorize counties of a certain population to acquire land for the purpose of creating public parks,and for other purposes. By Mr. Darnell,of Pickens:
House Bill No. 18, A Bill to be entitled an Act to provide tor the holding or three terms in each year or the Superior Court ot Pickens County,and

MoNDAY, FEBRUARY 4, 1935.

627

for other purposes.

By Mr. Atwood,of Mcintosh:. House Bill No. 45. A Bill to be entitled an Act
regulating the hunting of marsh hens in Mcintosh County,and for other purposes.

By Mr. Williams of Bacon: House Bill No. 64. A Bill to be entitled an Act
to authorize Boards of County Commissioners of Certain counties to prescribe by proper resolution the time that the Chairman of such Boards shall devote to County business,and for other purposes.

By Mr. Williams of Bacon:

House Bill to repeal an

No. Act

6an5d.

A Bill to be entitled all amendments thereto

an Act entitled

an Act to establish a county criminal court in

certain counties and for other purposes.

By Mr. Williams of Bacon: House Bill No. 66. A Bill to be entitled an Act
to abolish the office of Treasurer of Bacon County, Georgia,and for other purposes.

By Mr. Douglas,of Talbot: House Bill No. 73. A Bill to be entitled an Act
to reduce the bond of the Sheriff or Talbot county, and for other purposes.

By Mr. Parker, of Union: House Bill No. 82. A Bill to be entitled an Act
abolishing the office of Treasurer of Union County, Georgia, and for other purposes.

By Mr. Oden, of Pierce: House Bill No. 111. A Bill to be entitled an Act
to amend an Act approved July 28, 192l,requir1ng Commissioner of Roads and Revenues of Pierce County to live in the City of Blackshear,and for other purposes.

By Messrs. Hartsf1eld,Ramsey and Almand,of Fulton: House Bill No. 152. A Bill to be entitled an Act

628

JouRNAL oF THE SENATE,

to amend an act approved August 27 1925,Georgia Laws 1925, page 159,to provide that officers shall pay into County Treasury all fees on collections from corporations,and for other purposes. By Mr. Almand of Fulton:
House Bill No. 187. A Bill to be entitled an Act to 2.IDend ar1 Act to prescribe additional duties for coroners in counties of 200~000 population,and over, by providing for investigation by the coroner and the giving of death certificates where there is no attanding physician,and for other purposes. By Messrs. Coleman and Edwards.of Lowr!des:
House Bill No. 210. A Bill entitled an Act to amend an Act approved December llth,l90l,establishing the City Court of Valdosta,and for other purposes. By Messrs. Camp and Garrett,of Carroll:
House Bill No. 222. A Bill to be entitled an Act to amend the charter of Villa Rica,Georgia,and for other purposes. By Messrs. Hartsfield,Almand and Ramsey,of Fulton:
House Bill No. 224. A Bill to be entitled an Act.to provide that no person, firm or corporation shall operate any dance hall,museum,etc.,in any county of a certain population ~ithout first obtaining the permission of the county authorities, and for other purposes. By Messrs. Hartsfield,Ramsey and Almand, of Fulton:
House Bill No. 226. A Bill to be entitled an Act to authorize Boards of Education in all Counties of the State having a population in excess of 200,000 to borrow money for the operation of schools, and for other purposes. By Mr. Hammack of Randolph:
House Bill No. 258. A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Randolph,and for other purposes.

MoNDAY, FEBRUARY 4, 1935.

629

By Mr. Herndon of Hart: House Bill No. 264. A B111 to be entitled an act
to abo~ish the offices of Tax Receiver and T~~ Collector of Hart county,and to create the office of Tax Commissioner of Hart County, and for other purposes. By Mr. Hammock of Randolph_:
House Bill No. 269. A Bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues of Randolph County and for other purposes. By Hammock of Randolph:
House Bill No. 287. A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues or the County of Randolph,and for other purposes. By Mr. Whitmire,of Dawson:
House Bill No. 319. A Bill to be entitled an Act to create a Connnissioner of Roads and Revenues for Dawson County,Georgia and for other purposes. By Mr. Garrett of Carroll:
House Bill No. 339. A Bill to be entitled an Act to provide for the preparation and exhibition of ballot boxes in all primary elections held in any county in this state having a certain population and for other purposes.
By Mr. Goolsby of McDuffie:
House Bill No. 354. A Bill to be entitled an Act to vest in the Tax Collectors of counties of a certain population~all the powers of sheriffs of their respective counties,relative to the collection of tax fi fas., and for other purposes. By Mr. Gardner of Candler-
House Bill No. 383. A Bill to be entitled an Act to prescribe the qualifications of the Mayor and members of the City Council of the Town of Metter, and for other purposes.

630

JouRNAL oF THE SENATE,

By l'1r. Howard of Screven: House Bill No. 135. A Bill to be entitled an Act
to fix the amount of the bond of the Sheriff. of Screven County,and for other purposes.

By Messrs. Lanier,Harris and Barrett of Richmond: House Bill No. 15. A Bill to be entitled an Act
to amend the Charter of the City of Augusta,so as to abolish the offices of Mayor of-the City of Augusta,a.nd for other purposes. By Mr. Moye of Brooks:
House Bill No. 48. A Bill to be entitled an Act to amend an Act to consolidate and supersede the several Acts incorporated the City of Quitman,and for other purposes. By Mr. Terrell of Hall:
House Bill No. 62. A Bill to be entitled an Act to amend an Act to establish a system of public schools for Lula School District,and for other purposes. By Messrs. Thompson,Leonard and Brinson of ~ruscog ee:
House Bill No. 63. A Bill to be entitled an Act to amend an Act to amend the Charter of the City of Columbus,and for other purposes. By Mr. Smith of Madison:
House Bill No. 123. A Bill to be entitled an Act to abolish the City Court of Danielsville,Madison County,Georgia,and for other purposes. By Mr. Almand of Fulton:
House Bill No. 151. A Bill to be entitled an Act to provide for the payment of the fees of Justices of the Peace out of county funds in certain counties,and for other purposes. By Mr. Moore of Haralson:
House Bill No. 219. A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Haralson County,and for

MoNDAY, FEBRUARY 4, 1935.

631

other purposes. By ~ssrs.Hartsfield,Almand and Ramsey of Fulton:
House Bill No. 225. A Bill to be entitled an Act to authorize the Board of Education of any county having more than 200,000 population,to create a retirement fund for teachers and employees of county school system,and for other purposes. By Messrs. Hartsfield,Ramsey and Almand of Fulton:
House Bill No. 362. A Bill to be entitled an Act to enlarge and more clearly define the duties and powers of county boards of tax assessor in counties of a certain population,and for other purposes.
Senator Pope of the 15th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted.
Senator Evans of the 29th District moved that the Senate reconsider it's action in defeating Senate Bill No. 22.
The motion prevai1ed and the bill was placed at the foot of the calendar,under the rules.
The Journal was confirmed. The following resolution of the House was read and adopted: By 11essrs. Thrasher of Turner and Arnall of Coweta: House Resolution No. 97. A Resolution extending
an invitation to Honorable Daniel c. Roper,Secre-
tary of Commerce of the United States,to address a joint session of the General Assembly.
By unanimous consent Senate Resolution No. 10 was taken up at this time for the purpose of considering a House amendment thereto.
The following amendment was read: 11 By striking from line 18 of Section one (1) the

632

JouRNAL oF THE SENATE,

words tthe period of tour years' and inserting in lieu thereof the following ' a period or tour yca.rst ".

Senator Atkinson of the 1st District called tor an aye and nay vote, this being an amendment to a proposed amendment to tl1e Constitution of Georgia, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon Carrington Chappell Clark Cooper Crawford Dennis Dickerson Edenfield Evans

Gary Gaskins Harden Hart Johnston or the 39th Jones Kirkland Lancaster Larsen McGinty McLeod McWhorter

Millican Pope Rucker Scott Simmons Skelton Smith Strickland Thomas Turner Vaughn Hright

Verification or the roll call was dispensed with.
The ayes were 37, nays o.

The amendment having received the requisite twothirds Constitut1ohal major1ty,was adopted.

Senator Skelton or the 30th District asked unanimous consent that Senate Bill No. 39 be re-comitted to the Committee on Penitentiary and consent was granted.

Senator Skelton or the 30th District asked unanimous consent that Senate Bill No. 114 be re-comitted to the Commdttee on Public Utitlties and consent was granted.

MoNDAY, FEBRUARY 4, 1935.

633

Senator Skelton of the 30th District asked unanimous consent that Senate Bill No. 27 ., which was made a special order of business for today at the previous session,be made a special order of business for Tuesday,February 5, immediately following Senate Bill No. 36,formerly set as a special order for Tuesday. Consent was granted.
Senator Simmons of the 8th District asked unanimous consent that Senate Bill No. 61 be made a special order of business for Tuesday,February 5, immediately following Senate Bill No. 27, formerly set as a special order for Tuesday. Consent was granted.
Mr. Harden of the 47th District,Chairman of the Committee on Enrolling,submitted the following report: Mr. President:
Your Committee on Enrolling have instructed me as Chairman,to report to the Senate the following:
We have examined Acts and Resolutions of the General Assembly as follows, to-wit:
Act No. 9, Act No. 8, Senate Resolution No. 9, Senate Resolution No. 10, and Senate Resolution No. 12, and find they have been properly enrolled,duly signed and ready for delivery to the Governor.
Respectfully submitted, Harden of 47th District, Chairman.
The following bills of the Senate were introduce~ read the first time and referred to Co.mmittees: By Senator Atkinson of the 1st-
Senate Bill No. 135. A Bill to extend the Penal

634

' JouRNAL oF THE SENATE,

Laws relating ~o illegal practices in general elections to all primary elections; and for other purposes.
Committee on Privileges and Elections. By Senator Pope of the 15th-
Senate Bill No. 136. A Bill to provide for the operation and maintenances by the State of all public schools; and for other purposes.
Committee on Educar.ion. The following resolutions of the Senate were introduced,read the first time and referred to Committees: By Senator Pope of the 15thSenate Resolution No. 50. A Resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VIII of the Constitution of Georgla,providing for a uniform system of common schools to be operated and maintained by the State; and for other purposes. Committee on Amendments to the Consti.tution. By Senator Turner of the 32ndSenate Resolution No. 51. A Resolution directing the Agricultural Committees of the House and of the Senate to hold joint sessions to investigate the cotton situation; and for other purposes. Committee on Rules. The following .bills of the House were read the first time and referred to Committees: By Messrs. Lanier,Harr1s and Barrett of RichmondHouse Bill No. 11. A Bill to amend the Charter of the City of Augusta; and for other purposes. Committee on Municipal Government.

MoNDAY, FEBRUARY 4, 1935.

635

By Messrs. Lanieri Harris and Barrett of RichmondHouse Bill No. 5. A Bill to amend the Charter
of the City of Augusta So as to abolish the office of Mayor of the City of Augusta; and for other purposes.
Committee on Municipal Government. By Mr. Weathers of Jenkins-
House Bill No. 17. A Bill to authorize counties of a certain population to acquire land for the purpose of creating public parks; and for other purposes.
Committee on Counties and County Matters. By Mr. Darnell of Pickens-
House Bill No. 18. A Bill to provide for the holding of three terms in each year of the Superior Court at Pickens County; and for other purposes.
Committee on S~cial Judiciary. By ttr. Atwood of Mcintosh-
House Bill No. 45. A Bill regulating the hunting of Marsh Hens in Mcintosh County; and for other purposes.
Committee on Game and Fish. By Mr. Moye of Brooks-
House Bill No. 48. A Bill to amend an Act to consolidate and supersede the several Acts incorporating the City of Quitman; and for other purposes.
Committee o.n Municipal Goverments
By Messrs. Sammon of Gwinnett,Lanier and Harris of Richmond; and others-
House Bill No. 56. A Bill to amend an Act entitled 11An Act to establish a Department of Instn"ance;" and for other purposes.
Committee on Insurance.



636

JoURNAL OF THE SENATE,

By Mr. Terrell of HallHouse Bill No. 62. A Bill to amend an Act to es-
tablish a system of public schools for Lula School District; and for other purposes.
Committee on Education. By Messrs Thompson,Leonard and Brinson of Y~cogee
House Bill No. 63. A Bill to amend An Act to amend the Charter of the City of Columbus; and for other purposes.
Committee on ~runicipal Government. By ~~. Williams of Bacon-
House Bill No. 64. A Bill to authorize Boards of County Commissioners of certain population to prescribe by proper resolution the time that the Chairman of such Boards shall devote to County business; and for other purposes.
Committee on Counties and County 11atters. By~~. Williams of Bacon-
House Bill No. 65. A Bill to repeal An Act and all. amendments thereto entitled All Act to establish a County Criminal Court in certain counties; and for other purposes.
Committee on Special Judiciary. By Mr. Williams of Bacon-
House Bill No. 66. A Bill to amend An Act to abolish the office of Treasurer of Bacon County, Georgia; and for other purposes.
Committee on Counties and County r1atters. By Mr. Douglas of Talbot-
House Bill No. 73. A Bill to reduce the bond of the Sheriff or Talbot County; and for other purposes.
Comnattee on Counties and County Matters


MoNDAY, FEBRUARY 4, 1935.

637

By Mr. Parker of UnionHouse Bill No. 82. A bill to repeal An Act abol-
ishing the office or County Treasurer or Union County, Georgia; and for other purposes.
Committee on Counties and County Matters. By Messrs.Claxton of Johnson,Rawlins of Ben Hill, Booth of Barrow,and others-
House Bill No. 107. A bill to provide tor the payment or a license by all persons fishing within the State of Georgia; to prescribe penalties tor the violation or this Act; and tor other purposes.
Committee on Game and Fish. By Mr. Oden of Pierce-
House Bill No. 111. A Bill to amend An Act approved July 28, 1921, requiring Commissioner or Roads and Revenues of Pierce County to live in the City or Blackshear; and tor other purposes.
Committee on. Counties and County Matters. By Mr. Warnell of Bryan-
House Bill No. 112. A Bill to authorize the Tax Collecting officials of Bryan County to collect delinquent taxes by levy and sale; and tor other purposes.
Committee on Counties and County Matters. By Mr. Warnell or Bryan-
House Bill No. 113. A Bill creating a Board of Commissioners of Roads and Revenues,Bryan County, Georgia,detining their duties; and tar other purposes.
Committee on Counties and County Matters. By l1r. Warnell ot Bryan-
House Bill No. 114. A Bill to be entitled An Act to require certain officers of ~ryan County to fur-

638

JouRNAL OF THE SENATE,

nish and give bond; and for other purposes. Committee on Counties and ~ounty Matters.
By Mr. Smith of MadisonHouse Bill No 123. A Bill to abolish the City
Court of Danielsville,Madison County,Georgia; and for other purposes.
Committee on Special Judiciary. By Mr. Heward of Sc1even-
House Bill No. 135. A Bill to fix the amount of the bond of the Sheriff of Screven County; and for other purposes.
Committee on Counties and County Matters. By Mr. Leonard of Walker-
House Bill No. 148. A Bill to abolish the existing Board of Roads and Revenues of Walker County and 0reate a Board of Corr~issioners for Walker County; and for other purposes.
Committee on Counties and County Matters. By Mr. Almand of Fulton-
House Bill No. 151. A Bill to provide for the payment of the fees of Justices of the Peace out of County funds in certain counties; and for other purposes.
Committee on Special Judiciary. By Mr. HartsfieldiMr. Almand,Mr. Ramsey of Fulton-
House Bill No. 52. A Bill amending an Act changing certain offices from the fee to the salary system in counties of over 200,000 population;and for other purposes.
Committee on Special Judiciary. By Mr. Sutton of Wilkes-
House Bill No. 179. A Bill to amend the Charter

MoNDAY, l<'EBRUARY 4, 1935.

639

of the City of Washington, Georgia,and for other purposes.
Committee on Municipal Government. By Mr. Almand of Fulton-
House Bill No. 187. A Bill to amend An Act to. prescribe additional duties for coroners in counties of 200,000 population and over, by providing for investigation by the coroner and the giving of a death certificate where there is no attending hysician; and for other purposes.
Conrrnittee on Special Judiciary. y Mr. Coleman and Mr. Edwards of LowndesHouse Bill No. 210. A Bill to amend an Act aproved December 11, 1901, establishing the City ourt of Valdosta; and for other purposes. Committee on Special Judiciary. y Mr. Moore of HaralsonHouse Bill No. 219. A bill to amend an Act to reate a Board of Commissioners for Haralson ounty; &~d for other purposes.
Committee on Counties and County Matters. y Mr. Camp and Mr. Garrett of CarrollHouse Bill No. 222. A Bill to amend the charter f Villa Rica, Georgia; and for other purposes. Committee on Municipal Government. y Mr. Hartsfield,Mr. Almand and Mr. Ramsey of
tonHouse Bill No. 224. A Bill to provide that no erson,firm or corporation shall operate any dance all,museum, etc., in any county of a certain popuation .without first obtaining the permission of the ounty authority; and for other purposes. Committee on Special Judiciary.

640

JouRNAL OF THE SENATE,

By l"T...r. Hartsfield,Mr. Almand and Mr. Ramsey of Fulton-
House Bill No. 225. A Bill to authorize the Board of Education of any county having more than 200,000 population,to create a retirement fund for teachers and employees of county school systems; and for other purposes.
Committee on Education. By Mr. Hartsfield, Mr. AL~nd and Mr. Ramsey of Fulton-
House Bill No. 226. A Bill to authorize Boards of Education in all counties of the State having a population in excess of 200,000 to borrow money for the operation of schools; and for other purposes.
Committee on Special Judiciary. By Mr. Hammock of Randolph-
House Bill No. 258e A Bill to create a Board of Commissioners of Roads and Revenues for the County of Randolph; and for other purposes.
,committee on Counties and County Matters. By Mr. Herndon of Hart-
House Bill No. 264. A Bill to abolish the Tax Receiver and Tax Collector of Hart County, and to create the office of Tax Commissioner of Hart County; and for other purposes.
Committee on Counties and County Matters. By Mr. Hammock of Randolph-
House Bill No. 269. A Bill creating a Board of Commissioners of Roads and Revenues for the County of Randolph; and for other purpose~.
Committee on Counties and County Matters. By :Mr. Claxton of Johnson-
House Bill No. 274. A Bill to amend the Charter

MONDAY, FEBRUARY 4, 1935.

641

of the Town or Kite; and for other purposes. Committee on Municipal Government.
By Mr. Hammock of RandolphHouse Bill No. 287. A Bill to create the office
of Commissioner of Roads and Revenues of the County of Randolph; and for other purposes.
Committee on Counties and County Matters. By Messrs Garrett and Camp of Carroll-
House Bill No. 299. A Bill to &~end an Act establishing a system of public schools for the City of Carrollton; and for other purposes.
Committee on Education. By Mr. Whitmire of Dawson-
House Bill No. 319. A Bill to create a Commissioner or Roads and Revenues for Dawson County, Georgia; and for other purposes.
Committee on Counties and County Matters. By Mr. Garrett of Carroll-
House Bill No. 339. A Bill to provide for the preparation and exhibition or ballot boxes in all primary elections held in any county in this State having a certain population; and for other purposes.
Committee on Privileges and Elections. By Mr. Goolsby of McDuffie-
Hause Bill No. 354. A Bill to vest in Tax Collectors in certain counties all of the powers of Sheriffs relative to the coilection of Tax fi.fas.; and for other purposes.
Committee on Special Judiciary. By Messrs Hartsfield,Ramsey and Almand of Fulton-
House Bill No. 362. A Bill to enlarge and more clearly define the duties and powers of County

642

JouRNAL oF THE SENATE,

Board of Tax Assessors in certain counties; and for other purposes.

Committee on General Judiciary No. 1.

By Mr. Gardner of CandlerHouse Bill No. 383. A Bill to prescribe the
qualification of the Mayor and members of the City Council of the town of Metter; and for other purposes.

Committe9 on Municipal Governmenta

The following privileged resolutions were read and adopted:

By Senator Crawford of the 42nd DistrictA Resolution extending the privileges of the
floor to Mrs. David Atkinson,wife of the Senator of the lst District.

By Senator Edenfield of the 4th DistrictA Resolution extending the privileges of the
floor to Mrs. Sinclair Townsend, wife of a former member of the Senate.

By Senator Redwine of the 26th District-

A Resolution extending the privileges of the

floor to Mr. and Mrs. M.R. Redwine of Athems, Geor-

gia.



Senator Lester or.the 18th District moved that the Senate adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

TUESDAY, FEBRUARY 5, 1935.

643

Senate Chamber,Atlanta,Georgia. Tuesday,February 5,1935.
The Senate met,pursuant to adjournment,at 10 otclock A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Millican of the 35th District asked unanimous consent to dispense with the roll call and consent was granted. Senator Hart or the 36th District,.Chairman of the Committee on Journals,reparted that he had examined the Journal of yesterday's proceedings and found it correct. Senator Pope of the 15th DistPict asked unanimous consent that the reading of the Journal be dispensed with and consent was granted. Senator Lancaster of the lOth District,in his plaoe, announced that he would withdraw nis notice of motion to reconsider the action of the Senate in passing Senate Bill No. 31. The Secretary was directed to make note or the Senatorts withdrawal. The following resolution of the Senate was read and referred to the Committee on Rules: By Senator Scott of the 7th DistrictSenate Resolution No. 52. A Resolution establishing House Bill No. 5, known as the Regents Bill,as the first special order or business this day. Senator Scott of the 7th District asked unanimous consent that the Senate take a five minutes recess in order to permit the Rules Committee to meet. Consent was granted and the Senate stood recessed. The President called the Senate to order.

JouRNAL OF THE SENATE,
Senator Lester of the 18th District asked unanimous consent that Senate Bill No. 31 be immediately transmitted to the House and consent was granted.
Senator Smith of the 24th District asked unanimous consent that Senators having bills and resolutions to introduce be allowed to send same to the Secretaryts desk and consent was granted.
The following bills of the Senate were introduced, read the first time and referred to Committees: By Senator Skelton of the 30th-
Senate Bill No. 137. A Bill to provide that jurisdiction to vacate, amend or change a judgment of the Supreme Court shall continue in the court for thirty days after the term at which judgment is rendered; and for other purposes.
Committee on General Judiciary No. 1. By Senator Skelton of the 30th-
Senate Bill No. 138. A Bill to provide that jurisdiction to vacate, amend or change a judgment of the Court of Appeals,shall continue in the Court for thirty days after the term at Which judgments are rendered; and for other purposes.
Committee on General Judiciary No. 1. By Senator Smith of the 24th-
Senate Bill No. 139. A Bill to amend the Charter of the City of Columbus; to abolish the offices of Mayor and Board of Aldermen and certain other offices; and for other purposes.
Committee on Municipal Government. By Senator Chappell of the 13th-
Senate Bill No. 140. A Bill to amend the Code of Georgia of 1933 so as to increase the amount to be distr1buted,and prescribe new requirements for schools; to authorize the State Board of Education to make rules and regulations for distribu-

TuESDAY, FEBRUARY 5, 1935.

645

tion or funds; and for other purposes. Committee on Education. The Following resolution or the Senate was read
and ordered to lie on the table for one day: By Senators Evans of the 29th District,Carrington of the 27th District and Kirkland or the 49th District-
Senate Resolution No. 53. A Resolution requesting certain information from the Veterans Service Office of the State of Georgia.
Mr. Scott of the 7th District,Vice-Chairwan of the Committee on Rules,submitted the following report: Mr. President:
Your Committee on Rules have had under consideration the following Resolution or the Senate and have instructed me as Yice-Chairman,to report the same back to the Senate with the following recommendations:
Senate Resolution No. 52, do pass. Bespecttully submitted, w.F.Scott of 7th District, Vice-Chairman
The report or the committee b91ng favorable to the passage of Senate Resolution No. 52, the resolution was read and adopted.
Mr. Rucker of the 50th District,Chairman of the Committee on University System or Georgia, submitted the following report: Mr. President:
Your Committee on University System or Georgia ba~e had under consideration the following Bill

646

JouRNAL oF THE SENATE,

of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 5, do pass,as amended. Respectfully submitted, Lamar C.Rucker of 50th District, Chainnan.
Mr. Johnson of the 31st District,Chairman of the Committee on Constitutional Amendments,subm1tted the following report: Y.!I'. President:
Your Committee on Constitutional Amendments have had under consideration the following Bill of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
Senate Bill No. 40, do pass,as amended. Respectfully submitted, Johnson of 31st District, Chairman.
Mr. Chappell of the 13th District,Cha1rman of the Committee on Public Library, submitted the following report: Mr. President:
Your Committee on Public Library have had under consideration the following Resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
Senate Resolution No. 43, do pass. Respectfully submitted~ Allen Chappell of 16th District, Cbairmn.

TUESDAY, FEBRUARY 5, 1935.

647

Mr. Skelton of the 30th District,Chairman of the Conmittee on General Judiciary No. l,submitted the following report: Mr. President:
Your Committee on General Judiciary No. 1 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 following recommendations:
Senate Bill No.l25, do pass. Senate Bill No.l30, do pass.
Respectfully submitted , J.H. Skelton,sr.or 30th District, Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by requisite Constitutional majority the following Bills of the House to wit: By Messrs. Woods and Spivey,of Emanuel-
House Bill No. 97. A Bill to entitled an Act to establish the City Court of Swainsboro;County or Emanuel,and for other purposes. By Mr. Shedd ot Wayne-
House Bill No. 172. A Bill to be entitled an Act to establish the City Court of Jesup; County ot Wayne,and for other purposes. By Messrs. Preston,Jr. and Deal of Bulloch-
Hause Bill No. 284. A Bill to be entitled an Act to abolish the fee system now existing in the SUPerior Courts of the Ogeechee Judicial Circuit as applied to the office of the Solicitor General,and for other purposes.

JouRNAL OF THE SENATE,
By Messrs.Hartsfield,Almond and Ramsey of Fulton: House Bill No. 349. A Bill to be entitled an Act
to provide that certain counties of this State having a city with a population of 200,000 or more may enter in a contractual agreement with such co~ ties and all municipalities,and tor other purposes. By Mr. Swam ot Grady:
House Bill No. 369. An Act to amend the Act creating the City Court of Cairo and amendments thereto,and for other purposes. By :Mr. McGraw of Meriwether:
House Bill No. 417. A Bill to be entitled An Act to amend an Act to provide for holding tour terms in each year of the SUperior Court of Meriwether County, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House bas J;assed by the requisite Constitutional majority the following bills of the House to wit: ByMessrs.Lanier,Harris and Barrett of Richmond, and DObbins or Morgan:
House Bill No. 13. A Bill to be entitled an Act to fix a license tax on chain stores,or trucks operating as retail peddlers,and to appropriate the monies collected thereunder to certain State Institutions,and tor other purposes.
The following bill of the House having been made
the first special order ot the day was read the
third t~e and put upon its passage: By Mr. Rivers or Lanier:
House Bill No. 5. A Bill to define the status or the Regents or the University System of Georgia and of the members of the Board or Regents or the

TUESDAY, FEBRUARY 5, 1935.

649

University System of Georgia; and for other purposes.
The Committee offered the following amendment: By striking Section 3 in its entirety and substituting in lieu thereof the following: SECTION. 3 Tuition,matriculation fees and proceeds of the sale of personalty shall be reported and remitted to the Secretary-Treasurer of the Board of Regents,who shall transmit the same to the State Treasurer, and the same are hereby appropriated as a continuing appropriation to the branch or division of the University System from which they originate, to be drawn out of the Treasury upon arequisition just as other funds are drawn. The proceeds from dormitory rentals,mess hall charges, proceeds of athletic contests,and other similar revenue shall remain with the institutions originating tha. same,and shall not be paid into the Treasury under this Act. All such receipts,however, shall be reported to the Secretary-Treasurer of the Board of Regents and shall be audited by the State Auditor and his reports shall be available to the Governor,to the General Assembly,and to the Board of Regents;and all such revenue is declared to be under the control of the Board of Regents,which control may be exercised directly or through such athletic associations or organizations as it may authorize, provided,such associations and organizations remain always subject to the control of the Board of Regents. Senator Vaughn of the 34th District offered an amendment. Senator McWhorter of the 19th District moved the previous question and the motion prevailed. On the adoption or the comm1tteeamendment the ayes were 29,nays 4.

650

JouRNAL OF THE SENATE,

The committee amendment having been adopted,Senator Vaugh's amendment was ruled out of order.

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

On the passage of the bill,as amended,the ayes were 32,nays 6.

The bill,as amended,having received the requisite

Constitutional majority was passed.

.

Senator Scott of the 7th asked unanimous consent that House Bill No. 5 be Lmmediately transmitted to the House.

There was objection.

Senator Scott of the 7th moved that House Bill No. 5 be immediately transmitted to the House, and the motion prevailed.

The following bill of the Senate having been set as a special order of the day was read the third time:

By Senator Atkinson of the 1st District and Senator Crawford of the 42nd District-
Senate Bill No. 36. A Bill to amend the Constitution of the State of Georgia so as to provide for the exemption of home property up to the value of $2500.00 from state ad valorem taxation; and for other purposes.

Senator King of the 11th District offered an amrnendment.

Senator Beasley of the 2nd District offered a substitute.

The Committee offered an amendment.

Senator Jones of the 17th District moved the previous question and the motion was lost.

TUESDAY, FEBRUARY 5, 1935.

651

Senator McWhorter or the 19th District moved that the bill, all amendments and substitutes thereto, be re-committed to the Committee on Amendments to the Constitution with instructions that further action on this bill be withheld until the House bill of similar nature reaches the Senate.
Tbe motion prevailed. The following bill or the Senate having been set as a special order or the day was read the third time: By Senator Johnson of the 31st District, Senator Skelton or the 30th District and Senator Scott of the 7th DistrictSenate Bill No. 27. A Bill to amend an Act, Title 93("Public Service Comm1ssion"),by adding to said title a new section defining the term "Public Utility''; and for other purposes. The committee offered an amendment. Senator Skelton or the 30th District offered a substitute. Senator Millican of the 35th District offered an amendment to the substitute. Senator Scott or the 7th District offered an amendment to the substitute. Senator Atkinson or the 1st District asked unanimous consent that Senate Bill No. 27, substitute and all amendments thereto,be re-committed to the Committee on Public Utility and the consent was granted. The following resolution or the Senate was read the first time and reterred to the Committee on Rules: By Senator Carrington of the 27th DistrictSenate Resolution No. 54. A Resolution establ1s~

652

JouRNAL oF THE SENATE,

ing Senate Resolution.No. 44 as a special and continuing order for Wednesday, February 6th.

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

By Senator Simmons of the 8th District and Senator Gary of the 12th District-
Senate Bill No. 61. A Bill to establish and define the Georgia-Florida :t-lilitary Highway; and for other purposes.

The report of the cammittee,which was-favorable to the passage of the bill, was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

34,

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

The following privilege resolutions were read and adopted:

By Senator Hart of the 36th DistrictA Resolution extending the privileges of the
floor to Hon. H.H. North of Newnan.

By Senator Redwine of the 26th DistrictA Resolution extending the privileges of the
floor to former Senator J.J. Baggett of Lawrenceville.

By Senator Redwine of the 26th DistrictA resolution extending the privileges of the
floor to former Senator H. A. Carithers of Winder.

By Senator Rucker of the 50th District-

floAoRr etsoolDutri.osn.vex. teSnadnifnagrdt,hPerepsirdiveniltegoef sthoef

the Univer-

sity of Georgia.

By Senator King of the 11th DistrictA Resolution extending the privileges of the

TUESDAY, FEBRUARY 5, 1935.

653

floor to Hon. Zack Arnold,Mayor of Ft. Gaines.

By Senator Skelton of the 30th DistrictA Resolution extending the privileges of the
floor to Hon. H. G. Earnest,Doorkeeper or the Alabama Senate.

By Senator Chappell of the 13th DistrictA Resolution extending the privileges of the
floor to Mrs. C.H. Dover,Mrs. Pearl Miller and ~~s. Bert Holt.

Senator Cannon of the 40th District requested a

leave or absence for Wednesday.



The request was granted.

The President announced the following Senators to serve on the committee as provided for by Senate Resolution No. 49 or yesterday: Senator King of the 11th District, Milhol11n of the 46th District, Senator Ragan of the 14th Distr1ct,Senator Edenfield of the 4th District and Senator McGehee of the 25th District.

Senator Duncan of the 23rd District moved that the Senate adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 10 oclock tomorrow morning.

654

JouRNAL OF THE SENATE,

Senate Chamber,Atlanta,Georgia. Wednesday, February 6,1935
. The Senate met, pursuant to adjournment,at 10 otclock A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Millican or the 35th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted. Senator Hart of the 36th District, Chairman or tbe Committee on Journals,reported that he bad examined the Journal or yesterday's proceedings and round it to be correct. Senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted. The Journal was confirmed. Mr. Scott of the 7th District, Vice-Chairman or the Committee on Rules, submitted the following report: Mr. President: Your Committee on Rules have had under consideration the following Resolution or the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 54, do pass.
Respectfully submitted, Scott of 7th District, Vice-Chairman.
The following resolution of the Senate favorably

WEDNESDAY, FEBRUARY 6, 1935.

655

reported by committee was read and adopted: By Senator Carrington of the 27th District-
Senate Resolution No. 54. A Resolution establishing as a special and continuing order of business for this day Senate Resolution No. 44.
Senator Scott of the 7th District asked unanimous consent that the following be establiShed as the order of business tor this day during the first part of the period of unanimous consent:
1. Introduction of new matter, under the rules. 2. Reports of standing committees. 3. Second reading of 8enate and House bills
favorably reported. 4. Thir~ reading and passage of uncontested local
Senate and House Bills. 5. First reading of House Bills. Consent was granted. The following resolution of the Senate was read and adopted: By Senator Hart of the 36th District and Senator Smith of the 24th DistrictSenate Resolution No. 55. A Resolution inviting President Franklin D. Roosevelt to address a joint session or the Georgia General Assembly,on a date convenient to him. Senator Smith of the 24th District asked unanimous consent that Senate Resolution No. 55 be immediately transmitted to the House and consent was granted. The following resolution of the Senate having been made a special order for this day was read and adopted: By Senator Carrington of the 27th DistrictSenate Resolution No. 44. A Resolution urging upon the Georgia Representatives in Congress the

656

JouRNAL OF THE SENATE,

immediate passage ofthe "Bonus Bill" regarding the distribution of the payments thereunder as being fa1r,equ1table and just.

The following bills of the Senate were introduce~ read the first time and referred to Committees:

By Senator Larsen of the 16thSenate Bill No. 141. A Bill to amend Section
4361 of the Civil Code relating to the limitation of actions on wa.rrants,checks; and for other purposes.

Committee on General Judiciary No. 2.

By Senator King of the 11thSenate Bill No. 142. A Bill regulating the sale
of fire arms, including machine guns; and for other purposes.

Committee on Special Judiciary.

By Senator Millican of the 35thSenate Bill No. 143. A Bill to carry into effect
in the City of Atlanta relating to the abolition of Justice Courts and the office of Justice of the Peace in certain cities; and for other purposes.

Committee on Counties and County Matters.

By Senator Thomas of the 33rdSenate Bill No. 144. A Bill to amend an Act
approved August 20th,l929, designating the Highway mileage,by adding additional mileage tram Lula, Hall County,Georgia,through a portion of Hall County, Banks County and Franklin County; and for other purposes.

Committee on Highways and Public Roads.

By Senator Millican of the 35th; Senator Carrington

of the 27th-

-

Senate Bill No. 145. A Bill to establish by the

State_ of Georgia, a factory to produce such supplies

WEDNESDAY, FEBRUARY 6, 1935.

657

used by the State, as may be successfully manufactured by the blind; and for other purposes.
Committee on State of Republic. By Senator Thomas of the 33rd-
Senate Bill No. 146. A Bill to amend an Act app:r-oved August 8th, 1923, proViding when the term of Banks Superior Court shall be held; and for other purposes.
Committee on Special Judiciary. The following resolution of the Senate was introduced,read and adopted. By Senator Chappell of the 13thSenate Resolution No. 57. A Resolution requesting the Georgia Public Service Commission to institute appropriate proceedings to require the Ga. Power Company to furnish electrical service to the town of Andersonville. Mr. Vaughn of the 34th District, Chairman of the Committee on Special Judiciary,submitted the following ~eport: Mr. President: Your Committee on Special Judiciary have had under consideration the following Bills of the House and and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 187, do pass. House Bill No. 224, do pass. House Bill No. 152, do pass. House Bill No. 151, do .pass. House Bill No. 226, do pass.
Respectfully submitted, Vaughn of 34th District, Chairman.

658

JouRNAL oF THE SENATE,

Y~. Carrington of the 27th D1str1ct,Chairman of the Committee on Public Utilities,subm1tted the following report: Mr. President:
Your Committee on Public Utilities have had under consideration the following Bill of the Senate, and '11.ave instructed me as Chairman, to report the same back to the Senate with the following recommendation-
Senate Bill No. 27, do pass, by substitute,as amended.
R e sCpaercrtifnugltloynsuobf m2i7tttehd~!strict, Chairman.
Mr. Skelton of the 30th District,Cha1rman 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the follow1~ recommendations:
Senate Bill No. 137, do pass. Senate Bill No. 138, do pass.
Respectfully submitted, J.H. Skelton Sr. of 30th District, Chairman.
Mr. Darden of the 51st District, Chairman of the Committee on State of Republic, submitted the following report: Mr. President:
Your Committee on State of Republic have had

WEDNESDAY, FEBRUARY 6, 1935.

659

under consideration the folYowing Resolution of the Senate and have instructed me as Chairman,to report the same back to the Senate w1 th the following recommendation:
Senate Resolution No. 25., do pass. RespectfUlly submitted,
Allen w. Darden of 51st District,
Chairman. Mr. Edenfield of the 4th District,Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under co~ sideration the following Bill of the Senate, and have instructed me as Chairman,to report the same back to the Senate with the following recommendation: Senate Bill No. 106, do pass.
Respectfully submitted H. Edenfield, of 4th District, Chairrran.
The following bills of the Senate,favorably reported by Committees,were read the second time: By Senator Edenfield of the 4th-
Senate Bill No, 106. A Bill to amend the Code of Georgia, of 1933 authorizing the State Commission of Forestry and Geological Development to establish State parks; and for other purposes. By Senator Skelton of the 30th-
Senate Bill No. 125. A Bill to amend the Code of Georgia of 1933 with reference to filing of declaration and attachments; and for other purposes. By Senator Thomas of ~he 33rd-8enator Cannon of the 40th-

660 .

JouRNAL or THE SENATE,

Senate Bill No. 130. A Bill to amend the Code or Georgia or 1933 regarding the distri~ution or estate where the wife dies within the period or 12 months after the death or the husband; and tor other purposes. By Senator Skelton of the.30th-
Senate Bill No. 137. A Bill to provide that jurisdiction to vacate, amend or change a judgement of the Supreme Court shall continue in the court tor thirty days after the term at which judgement is rendered; and tor other purposes. By Senator Skelton of the 30th-
Senate Bill No. 138. A Bill to provide that jurisdiction to vacate, amend or change a judgment of the Court or Appeals,shall continue in the court tor thirty days after the term at which judgments are rendered; and tor other purposes.
The following resolutions or the Senate,ravorably reported by Camm1ttees,were read the second time: By Senator Lester of the 18th-
Senate Resolution No. 25. A resolution to relieve the Roman Catholic Society in the City of Augusta; and for other purposes. By Senator Evans of the 29th-
Senate Resolution No. 43. A Resolution that a copy or the 1933 Code or Georgia be furnished tor the Super! or Court room or McDuffie County; and far other purposes.
The following bills of the House, favorably reported by Committees,were read the second time: By !'1r. Almand or Fulton-
House Bill No. 151. A Bill to provide tor the payment of the tees ot Justices or the Peace out or County funds in certain counties; and tor other purposes.

WEDNESDAY, FEBRUARY 6, 1935.

661.

By Mr. Hartsfield,Mr. Almand,Mr. Ramsey of FultonHouse Bill No. 152. A Bill to amend an Act
changing certain officers from the fee to the salary system in counties of over 200,000 population; and far other purposes.

By Mr. P.J.ma.nd of FultonHouse Bill No. -187. A Bill to amend an Act to
prescribe additional duties for coroners in counties of 200,000 population and over; and for other purposes.

By Mr. Hartsfield,Mr. Al.Jmnd,Hr. Ramsey of FultonHouse Bill No. 224. A Bill to provide that no
person,firm or corporation shall operate any dance hall, museum,etc., in any county of a certain population without first obtaining the permission of the County authorities; and for other purposes.

By Mr. Hartsfield,Mr. Almand,Mr. Ramsey of FultonHouse Bill No. 226. A Bill to authorize Boards
of Education in all Counties of the State having a population in excess of 200,000 to borrow money for the operation of schools; and for other purposes.

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

By Messrs. Manning and Welsh of CobbHouse Bill No. 102. A Bill to be entitled an
Act to create four terms of court in the Superior Court of Cobb County, and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

the
o.

passage

of

the

bill

the

ayes

were

34,

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

By Mr. Dobbins of MarganHouse Bill No. 143. A Bill to be entitled an Act

662

JouRNAL oF THE SENATE,

to create the office of Commissioner of Roads and Revenues in and for the County of Morgan,and for other purposes.

The committee offered the following amendment:

To amend House Bill No. 143 by striking all of Section 31 thereof and substituting a new Section 31, to read as follows:

"Section 31. An election shall be held in said

County on the 20th day of February 1935, at which

shall be submitted to the qualified voters of said

County, qualified to vote in the last general

election, the ratification or rejection of this Act.

Said election Shall be held under the rules and

regulations applying to elections for members of

the General Assembly, and notice thereof shall be

given by publication by the ordinary !or one week.

Those desiring to vote in favor of the ratification

of this Act shall have written or printed on their

ballots the words "For a one man Conmissioner of

Roads and Revenues" Those desiring to vote against

the ratification and approval of this Act shall

have written or printed on their ballots the words

"Against a one man Commissioner of Roads and Reve-

nues". If a majority of the qualified voters sup-

porting said election vote in favor of the ratifi-

cation ana approval of this Act the same shall

become effective upon an order of the ordinary to

whom the returns of said election shall be made,

entered upon his minutes, and upon the passage and

approval of a companion bill repealing the Act of

February 11, 1874, as amended providing for the

creation of a Board of Commissioners of Roads and

Revenues of Morgan County: provided that the

ordinary shall ascertain and declare the result of

said election
1935."

within

three

days

from

February

20 1.

Further amend House Bill No. 143 by striking Section 32 and inserting a new section to be section 32, and read as follows:

WEDNESDAY, FEBRUARY 6, 1935.

663

"Section 32. At the election provided for in the preceding section there shall also be submitted to such qualified voters,under the same rules and regulations, the question of whether the Board of Cammissioners of Roads and Revenues of said County as established under said Act of February 11, 1874, . shall be elected by the people or by the grand jury, in the event of the rejection of this Act. Those desiring to vote in favor of electing the members of said Board of Camm1ssioners by the people shall have written or printed on their ballots the words "For election of County Commissioners by the people~ Those desiring to vote for election of the members of said Board of Commissioners by the grand jury shall have written or printed on their ballots the words " For election of County Conmissioners by the grand jury". The returns of said election shall be made to the ordinary as provided in the foregoing section, who shall ascertain and declare the result of said election within three days from February 20, 1935."

Further amend House Bill No. 143 by adding a section to be numbered Section 33, and to provide as follows:

"Section 33. All laws and parts of laws in conflict with this Act are hereby repealed.

The amendments were adopted.

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

On were

the 38,

pnaaysssagoe.

of

the

bill,

as

amended,

the

ayes

siTteheCboinl1st1itaust

amended, having received ional majority, was passe

th d.

e

requi-

The following bills of the House were read the first tDne and referred to Committees:

664

JouRNAL oF THE SENATE,

By l1r. Lanier,Mr. Harris,Mr. Barrett of Ricbmond; Mr. Dobbins of Morgan-
House Bill No. 13. ABill to fix a license tax on chain stores, or trucks operating as retail peddlers; and for other purposes.
Committee_ on Finance. By Mr. Woods and Mr. Spivey of Emanuel-
House Bill No. 97. A Bill to amend an Act to establish the City Gourt of Swainsboro,County of Emanuel; and for other purposes.
Committee on Counties and Cmmty Matters. By Mr. Shedd of Wayne-
House Bill No. 172. A Bill to amend an Act establishing the City Court of Jesup in and for the County of Wayne; and for other purposes.
Committee on Counties and County Matters. By Mr. Preston, Jr., and Mr. Deal of Bulloch-
House Bill No. 284. A Bill to abolish the fee system now existing in the Superior Court of the Ogeechee Judicial Circuit as applied to the office of the Solicitor General; and for other purposes.
Committee on Special Judiciary. By Mr. Hartsfield,Mr. Almand, Mr. Ramsey of Fulton-
House Bill No. 349. A Bill to provide that certain counties of this State having a city with a population of 200,000 or more may enter in a contractual agreement with such counties; and for other purposes.
Committee on Municipal Government. By Mr. Swann of Grady-
House Bill No. 369. A Bill to amend the Act creating the City Cot~t or Cairo and amendments thereto; and far other purposes.
Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 6, 1935.

665

By Mr. McGraw of MeriwetherHouse Bill No. 417. A Bill to amend an Act to
provide tor holding tour terms in each year of the Superior Court of Meriwether County; and tor other purposes.
Committee on Special Judiciary. The following message was received from the House through Mr. Kirtgery,the Clerk thereof: Mr. President: The House has passed by the requisite Constitutional majority the following Bill and Resolution of the House to wit: By Mr. Howard of Chattahoochee: House Bill No. 272. A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Chattahoochee County, and create the office of Tax Camndssioner,and tor other purposes. By Mr. Watson of Paulding: House Resolution No. 106. A Resolution to authorize the Speaker and President to appoint a Committee to study the relief measures, and for other purposes. The following bill of the Senate was put upon its passage: By Senator Johnson of the 31st District, Senator Skelton of the 30th District and Senator Scott of the 7th DistrictSenate Bill No. 27. A Bill to amend an Act, Title 93 ("Public Service Commission"), by adding to said title a new section defining the term "Public Utitliity", and for other purposes. The committee offered the following substitute:
A BILL
To be entitled an Act to amend Title 93("Public Service Commission") of the Code of Georgia of 1933

666

JouRNAL oF THE SENATE,

by adding to Chapter 93-1 of said Title a new section, to be numbered 93-102, defining the term "Public Utility"; by adding to Chapter 93-3 of said Title a new section, to be numbered 93-320, extending the jurisdlction of the Georgia Public Service CoiiiDlission to every "Public Utility", as defined by said section 93-102; by adding to Chapter 93-3 of said Title a new section, to be numbered 93-321, providing for the fixing of just and reasonable rates after notice and hearing; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That Title 93("Public Service Commission") of the Code of Georgia of 1933, be and the same is hereby amended by adding to Chapter 93-1 ("Meaning of Terms") of said Title a new section, to be numbered section 93-102, and to read as follows:
"93-102. 'Public Utility' defined. The term "Public Utility" Shall be deemed and taken to mean every common carrier, and every r~ilroad corporation or railroad company as defined in section 93-101, and every corporation created or organized under or by virtue of the laws of this State, or any other State, or the United States, and every company, individual, firm, association of persons, and the trustees, lessees or receivers of any such corporation, company, individual, firm, association of persons,owning,leasing, managing or operating, except for private use, in Whole or in part into or within this State, any telephone line or lines, any telegraph line or lines, any machinery or equi ment for the transmission of messages by wire or otherwise,any equipment,plant or machinery for the manufacture,generation or distribution of electrica energy,or lines for the transmission or distributio of electrical energy,any equipment,plant or machinery for the generation,manufacture or distribution of gas,or pipes,pipe lines,conduits or machinery fo the transmission or conveyance of gas,either natura or artificial,any railroad terminal,or terminal sta tion, or freight depot, any cotton compress, any

WEDNESDAY, FEBRUARY 6, 1935.

667

dock or wharf, any street railway, any steam heating plant, or plant machinery or equipment for producing steam heat,gas heat, hot air heat, or other heat for sale, any plant, machinery or equipment, for producing refrigeration or cool air far sale, any express service or service for the carriage or conveyance or persons or goods by motor vehicle or railway transportation, either by contract or otherwise, and any such corporation, company, individual, firm, association or persons furnishing or selling, at wholesale or retail, elec~ricity or electrical energy, gas, transportation, or any service produced by the operation or any machinery, plant, or equipment, or the maintenance or any service herein referred to, and any such corporation, campany, individual, firm, association or persons owning, leasing, managing, or operating, except for private use, in whole or in part into or within this State any equipment, plant, generating machinery, transmission lines, connecting w1res or pipe lines, or any part thereof, for use in the conduct or any or the business enterprises or services referred to in this Title. The term "Publtc Utility" shall also include any corporation, association or holding company, which by ownerShip, affiliation or otherwise, directs the policies or, or in any wise controls or manages, or exercises supervision over the affairs or any public utility as herein defined.
SECTION 2. Tbat Title 93 ("Public Service Canmission") or the Code or Georgia or 1933~ be and the same is hereby amended by adding to Chapter 93-3 ("Jurisdiction, Powers and Duties") or said Title a new section, to be numbered section 93-320, and to read as follows:
"93-320. Jurisdiction of Commission of all Public Utilities. The jurisdiction, powers and duties vested in and conferred upon the Public Service Cammission by this Title shall extend and apply to all public utilities as defined by section 93-102 as fully and completely as the same extend and apply to the corporations and companies specifically men-

668

JouRNAL OF THE SENATE,

tioned in this Chapter, and for all the purposes embraced within this Title. The jurisdiction, powers and duties vested in and conferred upon the Cammission by this section shall be cumulative or the jurisdiction, powers and duties otherwise vested in or conferred upon the Public Service Commission by law.
Provided: That the Public Service Commission shall have jurisdiction or any non-utility enterprise conducted by any such public utility to the exter1..; necessary, in the public interest, to the exercise or the jurisdiction herein conferred.
SECTION 3. That Title 93 ("Public Service Commission") or the Code of Georgia of 1933, be and the same is hereby amended by adding to Chapter 93-3 ("Jurisdiction,Powers and Duties") or said Title a new section, to be numbered section 93-321, and to read as follows:
"93-321. Duty to make rates for utilities. The Public Service Commission shall make and prescribe just and reasonable rates and charges, which shall be observed by all public utilities as defined in section 93-102, and shall, from time to time, and as often as the circumstances may require, change and revise such rates and charges. This power shall be exercised by the Commission after hearing and upon not less than twenty days notice or the ttme and place or such hearing to the utility affected. The Commission may order such hearing upon its own motion, or upon complaint filed with it. The schedUles or rates and charges ordered by the Commission after such notice and hearing shall be deemed reasonable and valid, and the burden or proof shall be upon the party attacking them."
SECTION 4. That Title 93 ("Public Service Commission") of the Code or Georgia.or 1933 be, and the same is hereby, amended by adding to Chapter 93-3 ("Jurisdiction,Powers and Duties") or said Title a new Section 93-322, and to read as follows:
"93-322. Powers and Duties as to Street Railways.

WEDNESDAY, FEBRUARY 6, 1935.

669

The provisions of this Act shall not be construed to repeal any of the provisions of Section 93-304 of Chapter 93-3 of this Title and shall not be construed to impair any valid contract between any municipality and any street railway company, and shall be construed as ratifying and confirming in every particular all the provisions of said Section 93-304."

SECTION 5. All-laws and parts of laws in conflict with this Act be, and the same are hereby,repealed.

The committee offered the following amendments:

By amending caption of substitute for Senate Bill No. 27 by adding after the word hearing in the last line of the caption the following; " by adding a new section to be numbered 93-322 providing for duties as to Street Railways".

By amending the substitute for Senate Bill No. 27 by adding at the end of section 1 thereof, and as a part of said Section (and to be a part of Section 93-102 of the Code of Georgia of 1933A as set forth in said Section 1), the following: The term 'Public Utilityr shall not include any municipal corporation or political subdivision of this State ".

The committee amendments to the substitute were
adopted. .
The committee 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
amended,

pthaessaagyeesowf etrhee3b1,ilnla, ybsyos.ubstitute

as

The bill, bY substitute as amended, having re-

ceived the requisite Constitutional majority was

passed.

'

670

JouRNAL oF THE SENATE,

Senator Skelton of the 30th District asked unanimous consent that Senate Bill No. 27 be immediately transmitted to the House and consent was granted.
The following bill of the Senate was read the third time and put upon its passage: By senator Atkinson of the 1st District,Senator Carswell of the 21st District,Senator Simmons of the 8th District,Senator Beasley of the 2ndDistrict Senator Gaskins of the 6th District, Senator Clarke of the 44th District,Senator Dickerson of the 5th District,Senator Strickland of the 3rd District, Senator Milhollin of the 46th District,Senator Kirkland of the 49th District,Senator Edenfield of the 4th District,Senator Jones of the 17th District, Senator Crawford of the 42nd District,Senator Pope of the 15th District,Senator McWhorter of the 19th District, and Senator Carrington of the 27th District-
SenateBill No. 40. A BILL.
TO BE ENTITLED AN ACT TO PROPOSE TO THE QUALIFIED VOTERS OF THE STATE OF GEORGIA,AN AMENDMENT TO ARTICLE 7,SECTION 2,PARAGRAPH 2,0F THE CONSTITUTION OF THE STATE OF GEORGIA,PROVIDING FOR THE EXEMPTION FROM AD VALOREM TAXATION,FOR FIFTEEN YEARS,OF INDUSTRIES ENGAGED IN THE l"'lANUFACTURE OF PAPER OR WOOD PULP OR THE PRODUCTS THEREOF.
SECTION 1. BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 2, Paragraph 2, of the Constitution of the State of Georgia, be amended by adding the following to said Paragraph, to wit:
"Any industry which shall on or after January 1st, 1935, and before January 1st, 1940, locate within the State of Georgia, and engage in the manufacture of paper or wood pulp,and/or the products of paper or wood pulp, shall, while under construction and .
in operat1 on, be exempt from all ad valorem tax-

WEDNESDAY, FEBRUARY 6, 1935.

671

ation on the plants, machinery and equipment used in the manufacture of paper or wood pulp,or the products thereof, for a period of fifteen (15) years from the date of beginning of construction of such plants, or the ratification of this Constitutional Amendment, if construction be commenced prior thereto."
SECTION 2. BE IT FURTHER ENACTED by the authority aforesaid, that when said amendment shall be agreed to by two-thirds votes of the members elected to each House, it shall be entered upon the Journal of each House with the "ayes"and "nays" thereon and published in one or more newspapers in each congressional district of this State for two months previous to the time for holding 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 rati fi cation of amendment to Article 7, Section 2, Paragraph 2, of the Constitution of the State of Georgia, providing for the exemption from ad valorem taxation of industries engaged in the ma.nufa.cture of paper or wood pulp or the products thereof, for a period of fifteen years", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratif~cation of amendment to Article 7, Section 2, Paragraph 2, of the Constitution of the State of Georgia, proViding for the exemption from ad valorem taxation of industries engaged in the manufacture of paper or wood pulp or the products thereof for a period of fifteen years", 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 ot the General As-
sambly,then said amendment shall become a part of Article Seven (7),Section Two (2),Paragraph Two(2), of the Constitution of this State, and the Governor shall make a proclanRtion thereof as provided by law.

672

JouRNAL oF THE S~HATE,

The committee offered the following amendment:

The Second Paragraph of-Section 1, be amended so as to read:

"Any industry which shall on or after January 1st, 1935 and before January 1st, 1940, locate w1 thin the State of Georgia and engage in the manufacture of paper fram wood pulp, or the manufacture of wood pulp to be used in making paper, or the products of such paper or wood pulp, shall, While under construction and in operation, be exempt from all ad valorem taxation on the plants,machinery and equipment used in the manufacture of such paper or such wood pulp, and the products thereof, for a period of fifteen (15) years from the date of beginning of construction of such plants, or the ratification of this constitutional amendment, it construction be commenced prior thereto. This tax exemption shall become effective only in those counties and municipalities,where governing bodies shall by two-thirds vote,approve the same."

The amendment was adopted.

The report or 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 bill being a proposal to amend the Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Carrington Chappell Cooper Darden Dennis Dickerson

Edenfield Evans Gary Gaskins Goodwin Harden Hart Jolmson of the 31st

Johnston of the 39th Jones Kiker King Kirkland Lancaster Larsen Lester

WEDNESDAY, FEBRUARY 6, 1935.

673

McGinty McLeod McWhorter Milhollin Millican Pope

Ragan Rawlins Rucker Scott Simmons

Skelton Strickland Thoms Turner Wright

Those voting in the negative were Senators:

Clark

Duncan

Smith

Crawford

McGehee

By unanimous consent, verification of the roll call was dispensed with.

The ayes were 41, nays 5.

Not voting were; Senators Cannon of the 40th District,Carswell of the 21st District, and vaughn of the 34th District.

The Bill as amended having received the requisite two-thirds Constitutional majority, was passed.

The Bill as passed by the Senate is as follows:

A BILL

TO BE ENTITLED AN ACT TO PROPOSE TO THE QUALIFIED VOTERS OF THE STATE OF GEORGIA,AN AMENDMENT TO ARTICLE 7,SECTION 2,PARAGRAPH 2,0F THE CONSTITUTION OF THE STATE OF GEORGIA,PROVIDING FOR THE EXEMPTION FROM AD VALOREM TAXATION,FOR FIFTEEN YEARS,OF INDUSTRIES ENGAGED IN THE MANUFACTURE OF PAPER OR WOOD PRODUCTS THEREOF.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby emcted by authority of the same, that Article 7, Section 2, Paragraph 2, of the Constitution of the State of Georgia, be amended by adding the following to said Paragraph, to-wit:

"Any industry which shall on or after January ls~ 1935 and before January lst,l940, locate within the

674

JouRNAL oF THE SENATE,

State or Georgia and engage in the manufacture or paper tram wood pulp, or the manufacture or wood pulp to be used in making paper, or the products or such paper or wood pulp, shall, while under construction and in operation, be exempt from all ad valorem taxation on the plants, machinery and equipment used in the manufacture or such paper or such wood pulp, and the products thereof, for a period or fifteen (15) years from the date or beginning or construction or such plants, or the ratification or this constitutional amendment,if construction be commenced prior thereto. This tax exemption shall become effective only in those counties and municipalities, where governing bodies shall by two-thirds vote, approve the same."

SECTION 2. Be it further enacted by the author-

ity aforesaid, that when said amendment shall be

agreed to by two-thirds votes or the members elect-

ed to each House, it shall be entered upon the

Journal or each House with the "ayes" and "nays"

thereon and published in one or more newspapers in

each congressional district or this State tor two _

months previous to the time for holding next gener-

al election, and shall at the next general election

be submitted to the people for ratification. All

persons voting at said election in favor or adopt-

ing the said proposed amendment to the Constitution

shall have written or printed on their ballots the

words: "For ratification or amendment to Article

7th1

e

Se S

ction 2 tate or

,

Paragraph 2, of t Georgia,providing

h f

e o

Cons r the

titution of exemption

from ad valorem taxation or industries engaged in

the manufacture or paper or wood pulp or the prod-

ucts thereof, tor a period or fifteen years",and

all persons opposed to the adoption or said amend-

ment shall have written or printed on their ballots

the words: "Against ratification or amendment to

Article 7, Section 2, Paragraph 2, or the Constitu-

tion or the State or Georgia,providing ror the ex-

emption from ad valorem taxation of industries

engaged in the manufacture of paper or wood pulp or

the products thereof, for a period of fifteen years"

and if a majority of the electors qualified to vote

WEDNESDAY, FEBRUARY 6, 1935.

675

tor members or the General Assembly,voting thereof, shall vote tor ratification thereof, when the results shall be consolidated as now required by law in elections tor members of the General Assembly, then said amendment shall become a part or Article Seven (7), Section Two (2), Paragraph Two (2), of the Constitution or the State, and the Governor shall make a proclamation thereof as provided by law.

Senator Pope or the 15th District asked unanimous consent that Senate Bill No. 40 be immediately transmitted to the House and consent was granted.

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

By Senator Kirkland of the 49th DistrictSenate Bill No. 41. A Bill to be entitled an Act
defining the relationship or Judges and Jurors,and When they shall be disqualified.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

38,

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

The following bill or the Senate was read the

third time and put upon its passage:

-

By Senator Millican of the 35th District and Senator Lester of the 18th District-

Senate Bill No. 45. A Bill amending the Constitution of this State so that the General Assembly may exempt tram taxation the property or persons or corporations where the profit or income is devoted to charity or-educational purposes; and tor other purposes.

Senator Millican or the 35th District offered a

676

JouRNAL oF THE SENATE,

substitute.

Senator Rucker o! the 50th District offered an amendment to the substitute.

Senator Scott or the 7th District offered an amendment to the substitute.

Senator Crawford or the 42nd District offered an amendment to the substitute.

Amendments by Senator Scott and Senator Crawford were ruled out or order.

The amendment by Senator Rucker or the 50th District was lost.

The substitute by Senator Millican or the 35th D1~trict was lost.

The report or the committee,which was favorable to the passage or the bill, was disagreed to.

The report or the committee not having been agreed to, the bill was lost.

Senator Millican or the 35th District arose to

a point or personal privilege.



Senator Lester or the 18th District moved that the Senate reconsider its action in disagreeing to the report or the comrrtittee.

The motion was lost.

Senator Evans or the 29th District moved that the Senate adjourn.

On this motion, Senator Chappell or the 13th District called tor an aye and nay vote, and the call was sustained.

The roll was called and the vote was as follows:

WEDNESDAY, FEBRUARY 6, 1935.

677

Those voting in the affirmative were Senators:

Carrington Evans

McLeod Rawlins

Turner

Those voting in the negative were Senators:

Almon Atkinson Beasley Chappell Clark Cooper Crawford Dennis Dickerson Duncan Gary Gaskins Goodwin Harden

Hart Johnson or the 31st Johnston or the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee

McGinty McWhorter Milhollin Millican Pope Ragan Rucker Simmons Skelton Smith Strickland Thomas Wright

Verification or the roll call was dispensed with.

The ayes were 5, nays 38. The motion was lost.

The following bill or the Senate was read the third time:

By Senator Scott or the 7th District and Senator Lester or the 18th District-
Senate Bill No. 48. A Bill to amend Title 84 or the Code or Georgia of 1933 by providing tor a State Board or Accountancy; and tor other purposes.

The following resolution or the Senate was read and adopted:

.BY Senator Millican or the 35th District-

Senate Resolution No. 56.

WHEREAS, it has been learned that the Hon. Geo. H.

678

JouRNAL oF THE SENATE,

Carswell, member or this body rrom the 21st District, is seriously ill in a hospital in Macon, Georgia,
Therefore, be it resolved that the members or the Georgia State Senate express to their colleague, Mr. Carswell, their deepest sympathy in his illness and earnestly hope and pray ror his speedy recovery.
We therefore resolve that a copy or this Resolution be furnished to Senator Carswell and a copy be spread on the Journal or the Senate.
The following privilege resolutions were read . and adopted: By Senator Lester or the 18th District-
A resolution extending the privileges or the floor to Hon. C.W. Killebrew, or Augusta, Ga. By Senator Rucker or the 50th District-
A Resolution extending the privileges or the floor to Hon. Vincent Matthews, or Athens. By Senator Kirkland of the 49th District-
A Resolution extending the privileges or the floor to Mrs. John W. Carrington, wife or the Senator !rom the 27th District. By Senator Scott or the 7th District-
A Resolution extending the privileges or the floor to Mrs. Louie Morris and Mrs. J.E.Chandler, or Hartwell, Georgia. By Senator Lester or the 18th District-
A Resolution extending the privileges or the tloor to Hon. R. E. Allen Jr.,Mayor or Augusta. By Senator Gary or the 12th District-
A Resolution extending the privileges or the tloor to Hon. Ralph Rosser and Hon. Wallace Nelson, termer members or the General Assembly.
Senator McGehee or the 25th District moved that

WEDNESDAY, FEBRUARY 6, 1935.

679

the Senate adjourn and the motion prevailed. The President announced that the Senate stood
adjourned until 10 otclock tomorrow morning.

680

JouRNAL oF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, February 71 1935.
The Senate met, pursuant to adjournment, at 10 otclock A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Hart of the 36th District, Chairman of the Commdttee on Journals,reported that the Journal of yesterdayrs proceedings had been examined and found correct. Senator Pope of the 15th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted. The Journal was confirmed. The following resolution of the Senate was read and referred to the Co~ttee on Rules: By Senator Skelton of the 30th DistrictSenate Resolution No. 58. A Resolution establishing Senate Bill No. 124, a bill adopting the Code of Georgia of 1933, as a special and continuing order of the day immediately following the period of unanimous consents. Senator Skelton of the 30th District asked unanimous consent that the following be established as the order of business for this day during the first part of the period of unanimous consents: 1. Intoduction of new matter,under the rules. 2. Reports of standing commdttees. 3. Second reading of Senate and House Bills favorably reported.

THURSDAY, FEBRUARY 7, 1935.

681

4. Third reading and passage o! uncontested local Senate and House Bills.
5. First reading o! House Bills. Consent was granted. Senator Skelton o! the 30th District asked unanimous consent that the Senate take a !ive minutes recess so as to permit the Rules Committee to meet and consent was granted. The President called the Senate to order. Mr. Skelton or the 30th District acting Vice Chairman o! the Committee on Rules submitted the following report: Mr. President: Your Committee on Rules have had under consideration the following Resolution o! the Senate and have instructed me as Acting Vice Chairman,to report the same back to the Senate with the following recommendation: Senate Resolution No. 58, do pass.
Respectfully submitted J.H. Skelton or 30fh District, Acting Vice Chairman.
Senate Resolution No. 58 having been favorably reported by the committee was read and adopted.
The following bills o! the Senate were introduced, read the !irst time and referred to Commdttees: By Senator Larsen or the 16th-
Senate Bill No. 147. A bill uroviding !orthe salary o! the Solicitor General or the Dublin Judicial Circuit; and !or other purposes.
Committee on General Judiciary No. 2.

682

JouRNAL oF THE SENATE,

By Senator Larsen ot the 16thSenate Bill No. 148. A bill amending the law in
regard to Insurance companies acting in bad faith and not paying losses and subjecting themselves to a penalty when the verdict has been rendered; and tor other purposes.

Committee on General Judiciary No. 2.

By Senator Lester ot the 18thSenate Bill No. 149. A bill amending the Constitu-
tion with reference to the salaries or the Judges ot the Superior Court,subjecting the Judge of the Superior Court in the Circuit or which the county or Richmond is a part; and tor other purposes.

Committee on Amendments to Constitution.

By Senator Dennis ot the 28thSenate Bill No. 150. A bill amending the act
creating the management ot the Confederate Soldiers Home; and tor other purposes.

Committee on Pensions.

The following resolution or the Senate was read and adopted:

By Senator Skelton or the 30th District-

Senate Resolution No. 60. A Resolution providing

that the Senate adjourn at 11:50 A.M. Monday,

February 11th in order to permit the members or the

Senate George

wto.

attend a luncheon given Truitt, at the Biltmore

in honor Hotel.

ot

Dr.

Mr. Clark or the 44th District Chairman or the Committee on Counties and County Matters submitted the following report;

Mr. President:

Your Committee on Counties and County Yatters have had under consideration the following Bills or the House and have instructed me as Chairman, to report

THURSDAY, FEBRUARY 7, 1935.

683

the same back to the Senate with the following recommendations:
House Bill No. 112, do pass. House Bill No. 255, do pass. House Bill No. 111, do pass. House Bill No. 113, do pass. House Bill No. 287, do pass. House Bill No. 258, do pass.
Respectfully submitted J.H. Clark or 44th District, Chainnan.
Mr. Darden of the 51st District Chairman of the Comrrdttee on State or Republic submitted the following report: Mr. President:
Your Committee on State or Republic have had under consideration the following Bills or the Senate and have instructed me as Chairman to report the same back to the Senate with the roilowing recommendations:
Senate Bill No. 122, do pass. Senate Bill No. 128, do pass.
Respectfully submitted, Allen W. Darden of 51st District, Chairman.
Mr. Lancaster of the lOth District Chairman or the Committee on Insurance submitted the following report: Mr. President:
Your Committee on Insurance have had under consideration the following Bill or the House and have instructed me as Cha1rman,to report the same back to the Senate with the following recommendation:

684

JouRNAL OF THE SENATE,

House Bill No. 56, do pass.

Respectfully submitted, P~. Lancaster of lOth District, Chairman.

Mr. Cooper of the 22nd District Chairman of the Conunittee on Municipal Government submitted the following report:

Mr. President:

Your Conunittee on Municipal Government have bad 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 following recommendations:

Senate Bill Senate Bill Senat~ Bill

NNNooo...ll3O695l11,

as do do

amended,do pass. pass.

pass.

Senate Bill No. 77, do pass.

Senate Bill No. 74, do pass.

Senate Bill No.l05, do pass.

Senate Bill No.l02, do pass.

Senate Bill No. 98, do pass.

Senate Bill No.l03,as amended,do pass.

House Bill No. 15, do pass.

House Bill No. 11~ do pass.

House Bill No. 233, do pass.

Respwe.cot.fuClloyopseurbJmri.ttoedt ,22nd District,
Chairman.

The following bills or the Senate,ravorably reported by Comm1ttees,were read the second time: By Senator Rucker of the 50th-
Senate Bill No. 65. A bill amending the charter of the Mayor and Council of the City of Athens, and changing the term of Recorder.

THURSDAY, FEBRUARY 7, 1935.

685

By Senator Millican of the 35thSenate Bill No. 74. A Bill relating to feder-
al, state or county officers being a member of the Board of Education in Atlanta; and for other purposes.

By Senator Millican of the 35thSenate Bill No. 77. A bill providing that a
municipality may invest its sinking funds in its own bonds so that said bonds can be retired; and for other purposes.

By Senator Millican of the 35thSenate Bill No. 98. A bill amending the Atlanta
code pertaining to license fees; and for other purposes.

By Senator Millican of the 35th-

Senate Bill No.lOl. A bill establishing a new

charter for the city of Atlanta authorizing Mayor

and for

Council to retire other purposes.

a

deficit

of

$11 5001 000;

and

By Senator Millican of the 35thSenate Bill No.l02. A bill establishing a new
charter for the city of Atlanta,reducing number of wards from 13 to 6, reducing membership of the Council,providing for salaries,ter.ms of office, vacancies; and for other purposes.

By Senator Millican of the 35thSenate Bill No.l03. A bill amending the charter
of Atlanta; abolishing the office of Warden; creating a director of relief; reducing membership on the school committee; and for other purposes.

By Senator Millican of the 35thSenate Bill No.l05. A bill providing a penalty
for the reporting of false fire alarms; and for other purposes.

By Senator Edenfield of the 4thSenate Bill No.l22. A bill to regulate communis-
tic activities in the State of Georgia; and for

686

JOURNAL OF THE SENATE,

other purposes.

By Senators Cooper of the 22nd; Larsen of the 16th; Evans of the 29th; Jones of the 17th; Lester of the 18th; Vaughn of the 34th; Dennis of ~he 28th; Millican of the 35th; Carrington of the 27th-
Senate Bill No. 128. A bill declaring 12th of October of each year, connnonly known as Columbus Day; to be a public and legal holiday in this state; and for other purposes.

By Senator Smith of the 2AthSenate Bill No. 139. A bill to amend the charter
of the city of Columbus; to abolish the offices of Mayor and Board of Alderman and certain other offices; and for other purposes.

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

ByHMouessesrBs.ilLl aNnoie. r11H.arrAisB,ainldl

Barrett of Richmondamending the Charter

of the City of Augusta; and for other purposes.

ByHMouessesrBs.ilLl aNnoi.er15H.arrAisBainldl

Barrett of Richmondamending the Charter

of the City of Augusta so as to abolish the office

ot Mayor of the City ot Augusta,and tor other pur-

poses.

By Messrs. Sammon ot Gwinnett, Lanier and Harris or Richmond and others-
House Bill No. 56. A Bill to amend an Act entitled "An Act to establish a Department or Insuranc~ and for other purposes.

By Mr. Oden of Pierce-
House Bill No. 111. A Bill to amend an Act approved July 28, 1921, requiring Commissioner or Roads and Revenues of Pierce County to live in City ot Blackshear,and tor other purposes.

By Mr. Warnell ot BryanHouse Bill No. 112. A Bill to authorize the tax

THURSDAY, FEBRUARY 7, 1935.

687

collecting officials or Bryan County to collect delinquent taxes by levy and sale,and tor other purposes. By Mr. Warnell o:r Bryan-
House Bill No. 113. A Bill creating a Board o:r Comm1ssioners o:r Roads and Revenues; Bryan County, Georgia,de!ining their duties,and tor other purpose~ By Messrs. Guess ,Lindsay and /msley or DeKalb-
House Bill No. 233. A Bill entitled, "To amend the Act approved AUgust 4, 1913, n pages 928-959, the same being an Act creating a new Charter tor the City or Lithonia,and tor other purposes. By Mr. Salter or Baker-
House Bill No. 255. A Bill to prohibit the assessment or collection or road tax in Baker County, and tor other purposes. By Mr. Olin Hammock, or Randolph-
House Bill No. 258. A Bill to create a Board of Commissioners or Roads and Revenues for the County of Randolph,and for other purposes. By Mr. Hammock o! Randolph-
House Bill No. 287. A Bill to create the ot!ice ot Commissioner o:r Roads and Revenue of the County o:r Randolph, and !or other purposes.
The following bills or the House ware read third time and put upon their passage: By Mr. Almand o:r Fulton-
House Bill No. 151. A Bill to be entitled an Act to provide !or the payment or the fees of Justices o:r the Peace out o:r county :tunds in certain counties, and for other purposes.
The report or the committee,which was favorable to the passage or the bill, was agreed to.
o.On the passage o:r the bill the ayes were 38, nays

688

JouRNAL oF THE SENATE,

The bill having received the requisite Constitutional majority, was passed. By Messrs. Hartsfield,Almand and Ramsey of Fulton-
House Bill No. 152. A Bill to be entitled an Act to amend an Act changing certain officers from the fee to the salary system in Counties of over 200,000 population, and for other purposes.
The report of the comm1ttee,which was favorable to the passage of the bill, was agreed to.
o.On the passage of the bill the ayes were 34, nays .
The bill having received the requisite Constitutional majority, was passed. By Mr. Almand of Fulton-
House Bill No. 187. A Bill to be entitled an Act to amend an Act to prescribe additional duties for coroners in counties of two hundred thousand population,and over,by providing for investigation by the coroner and the giving of death certificates where there is no attending physician,and for other purposes.
The report of the comrn1ttee,which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays
o.
The bill having received the requisite Constitutional majority, was passed. By Messrs. Hartsfield,Almand and Ramsey of Fulton-
House Bill No. 224. A Bill to be entitled an Act to provide that no person,firm or corporation shall operate any dance hall,museum,etc., in any county of a certain population,without first obtaining the permission of the county authorities,and for other purposes.

THURSDAY, FEBRUARY 7, 1935.

689

The report of the committee,which was favorable to the passage of the bill, was agreed to.
o. On the passage of the bill the ayes were 36, nays
The bill having received the requisite Constitutional majority, was passed. By Messrs. Hartsfield,Ramsey and Almand of Fulton-
House Bill No. 226. A Bill to be entitled an Act to authorize Boards of Education in all counties of the State having a population in excess of 200,000, to borrow money for the operation of schools, and for other purposes.
The report of the committee,which was favorable to the passage of the bill, was agreed to.
o. On the passage of the bill the ayes were 34, nays
The bill having received the requisite Constitutional majority, was passed.
The next order of business was the consideration of Senate Resolution No. 53, which was previously ordered to lie on the table for one day; as follows to-wit:By Senator Evans of the 29th District, Senator Carrington of the 27th District and Senator Kirkland of the 49th District-
Senate Resolution No. 53. A Resolution requesting certain information from the Veterans Service Office of the State of Georgia.
The resolution was adopted. The following bill of the House was read and referred to Co~ttee. By Mr. Howard of ChattahoocheeHouse Bill No. 272. A bill abolishing the offices

690

jOUR.NAL OF THE SENATE,

ot Tax Receiver and Tax Collector and creating the office or Tax Commissioner in Chattahoochee county; and tor other purposes.
Committee on Counties and County Matters. Under the head o! unfinished business the following bill or the Senate was taken up tor consideration: By Senator Lester of the 18th District and Senator Scott ot the 7th DistrictSenate Bill No. 48. A Bill to amend Title 84 or the Code or Georgia ot 1933 by providing tor a State Board or Accountancy;and tor other purposes. Senator Hart ot the 36th District moved the previous question and the motion prevailed. The main question was ordered. The report or the comm1ttee,which was favorable to the passage or the bill,was agreed to. On the passage or the bill the ayes were 26,nays
7.
The bill having received the requisite Constitutional major!ty, was passed.
The following bill of the Senate having been made a special order or the day was read third time and put upon its passage: By Senator Skelton or the 30th District-
Senate Bill No. 124. A Bill to adopt and make or torce the Code ot Georgia known as the Code or Geo:rgia or 1933; and tor other purposes.
Senator Skelton or the 30th District ot!ered the following admendment:
By striking the word with appearing between the words with and act in line two,Section two,and in-

THURSDAY, FEBRUARY 7, 1935.

691

serting in lieu thereof the word this.

The amendment was adopted.

The report or the committee,which was tavorable to the passage or the bill,as amended,was agreed to.

On the passage or the bill,as amended,the ayes were 36,nays o.

The Const

bill,as itutiona

lammaejnodreid~1yh,awvainsgpraescseeidv.ed

the

requisite

Senator Skelton or the 30th District asked unanimous consent that Senate Bill No.l24 be immediately transmitted to the House and consent was granted.

Senator Lester or the 18th District asked unanimous consent that Senate Bill No.48 be immediately transmitted to the House and consent was granted.

The following bill or the Senate was read third time:

By Senator Edenfield ot the 4th DistrictSenate Bill No.49. A Bill to regulate seining
netting,or trapping or tish;to regulate fishing !n tresh and salt water streams;and tor other purposes.

The committee otr.ered an amendment.

Senator Vaughn or the 34th District ottered an amendment.

Both the committee amendment and the amendment by Senator Vaughn or the 34th District were adopted.

Senator Edentield or the 4th District asked unanimous consent that the bill and all amendments thereto be re-committed to the Committee on Game and Fish and consent was granted.

Senator Edenfield or the 4th District asked unanimous con~ent that Senate B111 No.so be re-comDdtted

692

JouRNAL oF THE SENATE,

to the Committee on Game and Fish and the consent was granted
. Senator Edenfield of the 4th District asked unanimous consent that Senate Bill No.51 be re-commdtted to the Committee on Game and Fish and consent was granted.
Senator Edenfield of the 4th District asked unanimous consent that Senate Bill No.52 be re-committed to the Committee on Game and Fish and consent was granted.
Senator Edenfield of the 4th District asked unanimous consent that Senate Bill No.53 be re-committed to the Committee on Game and Fish and consent was granted.
The following bill of the Senate was read the third time: By Senator Dennis of the 28th District-
Senate Bill No.54. A Bill to regulate the transportation of school children and to require County Boards of Education to construct bus depots;and for other purposes.
Senator Dennis of the 28th District offered an amendment.
Senator Dennis of the 28th District asked unanimous consent that the bill and all amendments be re-committed to the Committee on Education and consent was granted.
The following bill of the Senate was read third time and ~ut upon its passage:
By Senator Millican of the 35th DistrictSenate Bill No. 56. A Bill to be entitled an Act
to remit,cancel,and annul all poll taxes which have accrued prior to January 1, 1934;and for other purposes.

THURSDAY, FEBRUARY 7, 1935.

693

The report of the commdttee,which was favorable to the passage of the bill,was disagreed to.
The bill was therefore lost. The following bill of the Senate was read third time and put upon its passage: By Senator ~llican of the 35th DistrictSenate Bill No.60. A Bill to regulate the manufacture~sale,possession,control of narcotic drugs in the titate of Georgia;and for other purposes. Senator ~llican of the 35th District and Senator Gary of the 12th District offered the following amendment: By amending Senate Bill No.ao.sect1on 9.Page 11, after the words"Four grains of opium".,by striking out the words"or one-half of a" and inserting the words "or one". The amendment was adopted. Senator Hart of the 36th District moved the previous question and the motion prevailed. The report of the comrndttee,which was favorable to the passage of the bill,as amended,was agreed to. On the passage of the blll,as amended,the ayes were 32,nays o. The bill as amended having received the requisite Constitutional majority,was passed. Senator Jones of the 17th District asked unantmous consent that the bill be immediately transmitted to the House and the consent was granted. Jhe following message was received from the House through Mr. Kingery, the Clerk thereof:

694.

JouRNAL o.F THE SENATE,

Mr. President:

The House has passed by the requisite Constitutional majority the following resolutions of the House to wit:

By Messrs.Rivers of Lanier,Harris and Barrett of

Ricbmond-

House Resolution No. 12-13-a. as amended. A Reso-

lution proposing to the qualified voters of Georgia,

an amendment to the Constitution of the State of

Georgia,exempting from all ad valorem taxation,ex-

cept special assessments and taxation for any ex-

isting bonded indebtedness,a homestead not exceeding

$5,000.00 in value,and for other purposes.



By Messrs.Head of Catoosa and Horton of SumterHouse Resolution No.l09. A resolution extending
to His Excellency,Honorable Franklin D. Roosevelt, President of the United States,an invitation to visit his adopted State during the session of the present General Assembly and to address the same, and expressing to him the gratitude of the people of Georgia for all that he has done.

The President left the Chair and Senator Skelton of the 30th District presided.

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

By Senator Gaskins of the 6th District and Senator Simmons of the 8th District-
Senate Bill No.62. A Bill fixing a maximum charge by Leaf Tobacco Warehouses;and for other purposes.

Senator Simmons of the 8th District offered the following amendment:
By adding another section to be Section 4,as follows:

Section 4. That all laws and parts or laws !neon-

THURSDAY, FEBRUARY 7, 1935.

695

!lict with this Act be,and the same are,hereby repealed.

The amendment was adopted.

Senator Simmons or the 8th District moved the previous question and the motion prevailed.

The report or the connni ttee,which was favorable to the passage or the bill,as amended,was agreed to.

On
were

3th4e,npayasssaog.e

or

the

bill,as

amended,the

ayes

The b1ll,as amended,having received the requisite Constitutional majority,was passed.

Senator Gaskins or the 6th District asked unanimous consent that this bill be immediately transmitted to the House and consent was granted.

By Senator Pope of the 15th DistrictSenate Bill No. 68. A Bill to be entitled an Act
to promote the plant industry in the State of Georgia;and !or other purposes.

Senator Beasley or the 2nd District offered the following amendment:

By adding a new section immediately before the repealing clause,and numbering it accordingly,so that it will read:

Section 2. Violators or this act shall be subjected to damages as now allowed by law.

The amendment was adopted.

The report o! the comm1ttee,wh1ch was favorable to the passage o! the b1ll,as amended,was agreed to.

On were

3thl,enapyasssaog. e

or

the

bill,as

amended,the

ayes

696

jOURNAL OF THE SENATE,

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

The President resumed the Chair.

The following bill or the Senate was read third time:

By Senator Pope of the 15th DistrictSenate Bill No. 69. A Bill to provide rules or
eligibility for applicants for disabled veterans licenses; and for other purposes.

The following privileged resolutions were read

and adopted:



By Senator Lester of the 18th DistrictA resolution extending the prilileges or the
floor to former Senator T.W. Oliver of Eastman.

By Senator Jones of the 17th District-
f l oAorre st oo l Mu triso.nwe. xMte.nRdianwglitnhseanpdr i vMirlse.g eCsh aorfl i et h es .
Claxton.

By Senator Lester of the 18th Dtstrict-

f

loAorrestooluHtoino.nJoehxntenRd. inLgewthise,Hporni.visl.egwe.s

or the OVerstreet,

Hon. E. J. Stapleton,of Jefferson County.

By Senator Lester of the 18th DistrictA resolution extending the privileges of the
floor to Mrs. J.H. Skelton,wife of the Senator from the 30th District.

By Senator Millican of the 35th DistrictA resolution extending the privileges of the
floor to Mrs. Mary Russell and Mrs. Robert H. McDougall,of Atlanta.

By Senator McGehee of the 25th DistrictA resolution extending the privileges or the
floor to Col. George Jacob and Captain Helmes,ot Talbotton.

THURSDAY, FEBRUARY 7, 1935.

697

By Senator Beasley or the 2nd DistrictA resolution extending the privileges or the floor
to Hon.C.W. Kicklighter or Glennville. By Senator Ragan or the 14th District-
A resolution extending the privileges or the floor to Hon.M.E. Thompson. By Senator Evans or the 29th District-
A resolution extending the privileges or the floor to Hon.E.C. Hawes and Hon.G.W.Jordan, or Thomson. By Senator Evans or the 29th District-
A resolution extending the privileges or the floor to Judge Chan Brinson, and Hon.DeWitte Brinson,or Wrightsville. By Senator Beasley or the 2nd District-
A resolution extending the privileges or the floor to Hon. Edwin A.Cohen,or Savannah.
Senator Atkinson or the 1st District moved that the Senate do adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until tomorrowmorning at 10 o'clock.

698

JouRNAL oF THE SENATE,

Senate

Chamber, Friday,

Atlanta, February

aG,eo1r9g3i5a..

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

Prayer was offered by the Chaplain.

Senator Scott of the 7th District asked unanimous consent that the calling of the roll be disp&nsed with and consent was granted.

Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that he had exam1ned the Journal or yesterday's proceedings and found it
corr~ct.

Se~ator Pope of the 15th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted.

The Journal was confirmed.

The following resolution of the Senate was read and referred to the Committee on Rules:

By Senator Skelton of the 30th DistrictSenate Resolution No.61. A Resolution establish-
ing as a special order for this day Senate Bills No. 125, No. 137, No. 138.

Senator Scott of the 7th District asked that the following be established as the order of business this day during the first part of the period of unanimous consents:

1. Introduction of new matter,under the rules. 2. Reports of standing committees. 3. Second reading of Senate and House bills and resolutions favorably reported. 4. Third reading and passage of Uncontested senate and House Bills. 5. First reading of House Bills.

FRIDAY, FEBRUARY 8, 1935.

699

6. Putting on passage general House Bills ready

for third reading.



Senator Lester of the 18th District asked unani- ' mous consent that when the Senate adjourn today that it stand adjourned until 11 o'clock Monday morning, next,and consent was granted.

Senator Scott of the 7th District asked unanimous consent that the Senate take a five minutes recess in order that the Rules Committee might meet,and consent was granted.

Mr. Scott of the 7th District Vice Chairman of the Committee on Rules submitted the following report:

Mr. President:

Your Committee on Rules have had under considera-

tion the following Resolution of the Senate and

have same

binacsktrutoctethdemSe eansatVe iwceitCh htahiremfaon1ltoowrinegporret -the

commendations:

Senate Resolution No. 61, do pass.

RespWec.Ft.fuSllcyotstuobmf i7ttthed~istrict, Vice Chairman.

Senate Resolution No.61 having been favorably reported by committee was read and adopted.

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

By Senator Goodwin of the 20thSenate Bill No. i51. A bill to provide for the
creation of a Public Utilities Department for the City of Sandersville,Wash1ngton County,Ga.; and for other purposes.

Co~ttee on Public Utilities.

700

JouRNAL oF THE SENATE,

By Senator Skelton of the 30thSenate Bill No. i52. A bill to amend the code of
Georgia of 1933 providing for the payment of fity cents cost to Sheriffs making entries of nulla bona on tax executions; and for other purposes.
Committee on General Judiciary No. 1. By Senator Pope of the 15th-
senate Bill No. 153. A Bill amending the code of 1933 authorizing the Ordinary of this state to allow guardians of incompetent veterans to expend guardianship fund;and for other purposes.
Committee on General Judiciary No. 2. By Senator Rucker of the 50th-
Senate Bill No. 154. A bill to amend an act approved February 20, 1933 fixing the fiscal year of the Regents of the University System;and for other purposes.
Committee on University and it's Branches. Mr. Evans of the 29th District Chairman of the Comrndttee on Banks and Banking submitted the following report: Mr. President: Your Committee on Banks and Banking 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 following recommendations: Senate Bill No. 96, do not pass. Senate Bill No.ll9, do not pass.
Respectfully submitted, Randall Evans Jr.of 29th District, Chairman.

FRIDAY, FEBRUARY 8, 1935.

701

Mr. Johnson of the 31st District Chairman of the Committee on Constitutional Amendments subndtted the following report:

.Mr. President:

Your Committee on Constitutional Amdnements have had under consideration the following Senate Bill No. 14 and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

That Senate Bill No. 14,do pass by Substitute.

Respectfully submitted,

Johnson of 31st Chairman.

District1

Mr. Beasley or the 2nd District Chairman or 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 Resolution or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

Senate Resolution No. 59, do pass.

Respectfully submitted,



Beasley of 2nd District,

Chairman.

Mr. Rawlins or the 45th District Chairman of the Co~ttee on Motor Vehicles submitted the following report:

Mr. President:

Your. Conmittee on Motor Vehicles have had under consideration the following bill or the Senate and

702

JouRNAL or THE SENATE,

have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

Senate Bill No. 55, do pass

Respectfully submitted, Rawlins of 45th District, Chairman.

Mr. Vaughn of the 34th 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 Chairman1to report the same back to the Senate with the fol owing recommendations:

House Bill No. 18, do pass. Senate Bill No. 75, do pass,as amended. Senate B111No. 120, do not pass.

Respectfully submitted, Vaughn of 34th District, Chairman.

Mr. A.N. McLeod of the 9th District Chairman of



the Committee on Engrossing submitted the following report:

Mr. President:

Your Committee on Engrossing has read and approved the following Bills or the Senate and have instructed me as Chairman,to report the same back as being ready tor transmission to the House:

Senate Bill No. 48. Senate Bill No. 60. Senate Bill No. 62.

FRIDAY, FEBRUARY 8, 1935.

703

Senate Bill No. 68. Respectfully submitted, A.N. McLeod ot 9th District, Chairman.
The following bills ot the Senate,tavorably reported by Committees,were read the second time: By Senator Dennis ot the 28th-
Senate Bill No. 55. A bill to amend the code ot Georgia by increasing the speed limit ot motor vehicles;and tor other purposes. By Senator Millican ot the 35th-
Senate Bill No~ 75. A bill making it a misdemeanor tor any person,tirm or corporation engaged in the undertaking business to directly or indirectly otter or give compensation to any person,to induce anyone to employ said undertaker;and tor other purposes.
The following Resolution ot the Sena.te,ravorably reported by Committee,was read the second time: By Senator Evans ot the 29th-
Senate Resolution No.59. A Resolution to designate route 10 and 8.
The following Bill ot the House,tavorably r~ ported by Commdttee,was read the second time: By Mr. Darnell of Pickens-
House Bill No.l8. A bill to provide tor the holding or three terms in each year or the Superior Court ot Pickens county;and tor other purposes.
Senator Evans ot the 29th District gave notice that at the proper time he would move that Senate Bill No.l20 be placed upon the calendar 1n order that the report ot the committee which was adverse to the passage ot the bill.m1ght be considered.
Senator Atkinson ot the 1st District asked unani-

700

JouRNAL oF THE SENATE,

mous consent that House Bill No.203 be withdrawn from the Committee on Municipal Government, read second time and re-comrndtted to the Committee on Municipal Government.

The consent was granted.

The following bill of the House was read second time and re-comm1tted to Committee on Municipal Government:

By Messrs. House Bi

lGl rNayos.on26M3.cNAallBainldl

Cohen to be

ot Chathamentitled an

Act

to amend the several Acts relating and incorporating

the Mayor ~nd Aldermen ot the City of Savannah.

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

By Senator Rucker of the 50th DistrictSenate Bill No. 65. A Bill amending the Charter
of the Mayor and Council of the City of Athens;and tor other purposes.

The co~ttee offered the following amendments:

By adding a new section,to be known as Section 4, as follows:

"Section 4: The office of city attorney shall be tilled by popular vote under the same rules and regulations as govern the election of the Mayor and Council of said City. There shall be a primary called on the first Monday in June,l935,and the election shall be called ten days thereafter. All candidates tor said office shall notify the Clerk ot said City ten days in advance of said pr1~ry, and shall give this notice 1n writing,and otherwise shall be disqualified. The term of said office shall be tour years from the first Mondal in July, 1935,and thereafter for succeeding terms

By adding at the end of Section 2 of the original bill a sentence which reads as follows:

FRIDAY, FEBRUARY 8, 1935.

705

"The salary of said office shall be one hundred dollars per month,with the right on the part of said Mayor and Council to increase said salary."

To amend further Section 4 or the original bill by renumbering it Section 5.

Senator Rucker or the 50th District offered the following amendment:

By adding a new clause to be numbered consecutively before the repealing clause:

"The salary or the City Attorney of the Mayor and Council or the City or Athens shall be the minimum sum or $100.00 per month.

Both the committee amendments and the amendment by Senator Rucker were adopted.

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

On
were

3th8e,napyasssaog. e

of

the

bill,as

amended,the

ayes

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

By Senator Millican of the 35th DistrictSenate Bill No.74. A Bill to establish a new
Charter tor the City or Atlanta so as to make it lawful !or a person who holds a Federal,State,or County office and at the same time to be a member of the Atlanta Board of Education;and tor other purposes.

The report or the comndttee,which was favorable to the passage of the bill,was agreed to.

o.On the passage of the bill the ayes were 34,nays

The bill having received the requisite Const1tu-

706

JouRNAL oF THE SENATE,

tional majority,was passed.

By Senator Almon ot the 37th District-

Senate Bill No.91. A Bill amending Section 695

ot the Political Code ot Georgia by excepting cer-

tain counties from the provisions thereot;and tor

other purposes.



Thb co~ttee offered the following amendment:

By striking the figures "9,00011 in line 12 of said bill and substituting in lieu the tigur~s: "9,10211 , and by striking the figures "10,000" in line 13,and substituting therefor the figures "9,120".

The committee amendment was adopted.

The report ot the comm1ttee,which was favorable to the passage ot the bill,as amended,was agreed to.

On were

3th6e,npaaysssaog.e

ot

the

bill,as

amended,the

ayes

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

By Senator Scott ot the 7th DistrictSenate Bill No.95. A Bill amending the Act
creating the City Court ot Thomasville;and tor other purposes.

The report ot the committee,which was favorable to the passage ot the bill,was agreed to.

o. On the passage ot the bill the ayes were 38,nays

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

By Senator Millican of the 35th Di~trictSenate Bill No.98. A Bill amending the Charter
ot the City ot Atlanta,Section 86 ot the City Code ot 1924; and tor other purposes.

FRIDAY, FEBRUARY 8, 1935.

707


The report 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,naysO.

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

By Senator N[llican of the 35th DitrictSenate Bill No.lOO. A Bill amending the Charter
or the City or Atlanta with reference to Group Insurance on the lives of employees;and for other purposes.

The report of the committee,which was favorable tG the passage of the bill,was agreed to.
On the passage of the bill the ayes were 35,nays o.

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

By Senator Millican of the 35th Di.strict-

Senate Bill No. 101. A Bill amending the City

Charter of Atlanta relative to the retirement of the

deficit;and for other purposes.



The report 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 o.

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

By Senator Millican of the 35th DistrictSenate Bill No.l02. A Bill amending the Charter
of the City of Atlanta reducing the wards of 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 36,nays o.

708

JouRNAL OF THE SENATE,


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

By Senator Millican of the 35th DistrictSenate Bill No.l03. A Bill amending the Charter
or the City or Atlanta abolishing the office or Warden and creating the office or Director or Relief;and for other purposes.

The comnattee offered the following amendments:

By striking out Section 6 in its entirety.

By striking out entire balance or Section 7 after the words in second paragraph "as City Registrar" and in lieu thereof add the following: "Said Mayor and General Council shall install a system or permanent registration in accordance With general laws or the state including the purging or said list or voters,and for any other matters necessary to the operatian or said system or permanent registration which are deemed advisable in connection therewith. The present provision of the City Charter,under which the City requires annual registration be and the same is hereby repealed."

By striking out the word "shall" on line 19 and inserting in lieu thereof the word "may".

By striking the last tour lines in Section 9 and in lieu thereof adding the following: not now covered by Civil Service provisions or tenure or office provisions and where any department or said city is now provided with Civil Service regulations no part or the same shall in anywise be altered or affected by anything in this amendment.

By renumbering the Sections in sequence.

The comm1ttee amendments were adopted.

The report or the comm1ttee,which was favorable to the passage or the bill,as amended,was agreed to.

FRIDAY, FEBRUARY 8, 1935.

709

On were

3th6e,napyasssaog. e

of

the

bill,as

amended,the

ayes

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

T~e following uncontested bills of the House were read the third time and put upon their passage:

By Messrs. Lanler,Harris and Barrett of Richmond-

House Bill No. 15. A Bill to be entitled an Act

to amend the Charter of the City of Augusta so as to

abolish the office of Mayor of the City of Augusta,

and for other purposes.



The report of the commlttee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 38,naysO.

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

By Mr. Oden of PierceHouse Bill No. 111. A Bill to be entitled an Act
to amend an Act approved July 28,192l,requiring Commissioner of Roads and Revenues of Pierce County to live in City of Blackshear,and tor other purposes.

The report of the committee,which was favorable to the bassage of the bill,was agreed to.
On the passage of the bill. the ayes were 37,.nays o.

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

By Mr. Warnell of BryantHouse Bill No.ll2. A Bill to be entitled an Act
to authorize the tax collecting officials of Bryan County to collect delinquent taxes by levy and sale; and tor other purposes.

The report of the comm1ttee,which was favorable to

710

JouRNAL OF THE SENATE,

the passage or the bill,was agreed to.

o.On the passage or the bill the ayes were 36,nays

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

By Mr. Warnell or BryanHouse Bill No.ll3. A Bill to be entitled an Act
creating a Board or Commissioners or Roads and Revenues;Bryan County,Georgia,derining their dutie~ and ror other purposes.

The committee orrered the rollowing amendment:

By adding to Section 7 another to be numbered Section 7(a):

Be it rurther enacted that the purchasing agent herein provided ror shall be paid in addition to his per diem not to exceed $120.00 per annum, all his necessary traveling expenses,stamps,etc.,while actually engaged in the Countyts business. All purchases made by said purchasing agent shall be approved by a majority or tha Commissioners or Roads and Revenues or the County or Bryan.

The committee amendment was adopted.

The report or the committee,which was ravorable to the passage or the bill,as amended,was agreed t~

On were

3t h8e,napyasssaog. e

or

the

bill,as

amended,the

ayes

C

The onst

bill ituti

,as ona

lammeanjdoerdit1yh,awvainsgpraescseeidv.ed

the

requisite

By Messrs. Guess,Lindsay and Ansley of DeKalbHouse Bill No. 233. A Bill to be entitled an Act
ent1tled,nTo amend the Act approved August 4,1913, pages 928-959,the same being an Act creating a new Charter ror the City or Lithonia,and ror other p~

FRIDAY, FEBRUARY 8, 1935.

711

poses. The report of the co~ttee,which was favorable
to the passage of the bill,was agreed to.
o.On the passage of the bill the ayes were 36,nays
The bill having received the requisite Constitutional majority,was passed. By Mr. Salter of Baker-
House Bill No.255. A Bill to be entitled an Act to prohibit the assessment or collection of road tax in Baker county,and for other purposes.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
o. On the passage of the bill the ayes were 39,nays
The bill having received the requisite Constitutional majority,was passed. By Mr. Hammock of Randolph-
House Bill No.258. A Bill to be entitled an Act to create a Board of Comndssioners of Roads and Revenues for the County of Randolph,and for other purposes.
The report or the committee,which was favorable to the passage of the bill,was agreed to.
o. On the passage of the bill the ayes were 26,nays
The bill having received the requisite Constitutional majority,was passed. By Mr. Hammock of Randolph-
House Bill No.287. A Bill to be entitled an Act to create the office or Commissioner of Roads and Revenues of the County ot Randolph,and for other

712

JoURNAL OF THE SENATE,

purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On the passage of the bill the ayes were 33,nays
o.

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

The following House Resolution was read and referred to Committee:

By Messrs. Rivers or Lanier, Lanier,Harris and Barrett of Richmond-
House Resolution No.l2-13 A. A Resolution proposing to the qualified voters or Georgia,an amendment to the Constitution or the State or Georgia, exempting from all ad valorem taxation,except special assessments and taxation for any existing bonded indebtedness, a homestead not exceeding $51 000.00 in value; and for other purposes.
Commitee on Amendments to Constitution.

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

Mr. President:

The House has passed by the requisite Constitutional majority the following Bills of the House to wit:

By Mr. Salter or BakerHouse Bill No. 376. A bill to be entitled an Act
to amend an Act approved August 8th,l917,ent1tled "An Act to create a Board of Commissioners or Roads and Revenues for Baker County,and for other purposes.

By Messrs.Camp and Garrett or Carroll.

.

House Bill No. 437. A Bill to be entitled an Act

FRIDAY, FEBRUARY 8, 1935.

713

to amend the Act ot 193l,page consolidate the ottice ot Tax

4R0e5c1eeivnetri

t

led and

an Act Tax

to

Collector in Carroll County,Georgia,and tor other

purposes.

ByMessrs.Lanier,Harris and Barrett or Richmond. House Bill No.424. A Bill to be entitled an Act
to abolish the office or Chairman ot Board or Commissioners or Roads and Revenues or Richmond County, and tor other purposes.

By Messrs. Peebles and Felton of Bartow.

House Bill No.415. A Bill to be entitled an Act

CtoitaymoenrdCaanrtAercSt viinllere,bfeyrernecreeatloingthea

Charter certain

or the part ot

a certain Act or Acts,and tor other purposes.

By Messrs. Bloodworth,Bowden and Freeman ot Bibb. House Bill No.446. A Bill to be entitled an Act
to amend an Act of the General Assembly re-enacting and amending the Charter or the City or Macon, and !or other purposes.

By Messrs. Peebles and Felton or Bartow. House Bill No.414. A Bill to be entitled an Act
to amend the Charter or the City or Cartersville and fix compensation for Alderman,and for other purposes.

By I1r. Salter ot Baker. House Bill No.375. A Bill to be entitled an Act
to provide for the payment or actual cost incurred in the Superior Court of Baker county tor the trial and conviction or convicts,and for other purposes.

By Messrs. Bloodworth,Bowden and Freeman or Bibb. House Bill No.480. A Bill to be entitled an Act
to amend the Act approved August 16,1913,creat1ng a MUnicipal Court ot the City ot Macon,and tor other purposes.

By Messrs. Dyer and Arnall ot Coweta. House Bill No.423. A Bill to be entitled an Act
to amend an Act to abolish the ot!1ces ot tax re.c~1ver and tax collector ot Coweta County,and to

714

JouRNAL oF THE SENATE,

create the office of County Tax Commissioner,and tor other purposes.

By Messrs. Hartstield,Almand and Ramsey or Fulton. House Bill No.410. A Bill to be entitled an Act
to amend an Act establishing the Criminal Court ot Atlanta,so as to change the name or said Court to "Criminal Court or Fulton County, and tor other purposes.

By Mr.Kelly ot Elbert. House Bill No.427. A Bill to be entitled an Act
to rtx the amount ot the bond of the Sheriff of Elbert County,and tor other purposes.

By Mr. Gavin of Clay. House Bill No.467. A Bill to be entitled an Act
to abolish the office or County Treasurer of Clay County,and for other purposes.

By Mr. Williams of Coffee.

House Bill No.399. A Bill to be entitled an Act

to amend an Act approved "An Act to establish the

CAiutgyusCt o1u9rt1

1919,entitled or Douglas., in

the Clty ot Douglas,Cottee County,Georgia,and tor

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~it:

By Mr. Dobbins of Morgan. House Bill No.l43. A Bill to be entitled an Act
to create the office ot Commissioner of Roads and Revenues in and for the County of Morgan,and for other purposes.

The following message was received from the House through Mr. Kingery1 the Clerk thereof:

FRIDAY, FEBRUARY 8, 1935.

715

Mr. President: The House has passed by the requisite Constitu-
tional majority the following Resolution of the House to wit: By Messrs. Bennett and Twitty,of Ware.
House Resolution No. 112. A Resolution memoralizing Congress to enact appropriate legislation whereby funds will be available for use in the Okefenokee SWamp,to the Florida line,with Lake City,Florida,as
a highway obje.ctive
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 Senators Hart of 36th and Smith of 24th. . Senate Resolution No.55. A resolution requesting the Hon. Franklin D. Roosevelt,to address the Georgia General Assembly on any date,prior to adjournment of this session.
The following bill of the House was read third time and put upon its passage: By Messrs. Sammon of Gwinette,Lanler and Harris of Richmond.
House Bill No.56. A Bill to be entitled an Act to amend an Act entitled "An Act to establish a Department of Insurance",and for other purposes.
Senator King of the 11th District offered an amendment.
The amendment was lost~ The report of the committee,which was favorable to the passage of the bill,_ was agreed to.

716

JouRNAL oF THE SENATE,

On the passage of the bill the ayes were 38,nays
o.

The bill having received the requisite Constitu-tional ~jority,was passed.

The following bills of the Senate,having been made a special order of the day,were read third time and put upon their passage:

By Senator Skelton of the 30th DistrictSenate Bill No.l25. A Bill to amend the Code of
Georgia of 1933 with reference to filing of declarations and attachments; and for other purposes.

The report of the comn:dttee,which was favorable to the passage of the bill,was agreed to.

o.On the passage of the bill the ayes were 29,nays

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

By Senator Skelton of the 30th DistrictSenate Bill No.l37. A Bill to provide that
jurisdiction to vacate,amend or change a judgment of the Supreme Court shall continue in the Court tor thirty days after the term at which judgment is rendered; and for other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the bill,was agreed to.

On the passage of the bill Senator Skelton of the 30th District called tor the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the att1rmat1ve were Senators:

Acatnknionnson

Carrington Clark

Cooper Crawford

FRIDAY, FEBRUARY 8, 1935.

717

Darden Dickerson Duncan Gary Gaskins Harden Johnson of the 31st Johnston of the 39th Jones

Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty McWhorter Millican Pope

Ragan Rawlins Rucker Scott Skelton Strickland Thomas TlL.""'ler Vaughn Wright

The roll call was verified.
The ayes were 36, nays o.

Not voting were: Senators Almon of the 37th District Beasley of the 2nd District,Carswell of the 21st DistrictiChappell of the 13th District,Dennis of the 28th D strict,Edenfield of the 4th District, Evans of the 29th District,Goodwin of the 20th District,Hart of the 36th District,McLeod of the 9th DistrictiMilhollin of the 46th District,Simmons of the 8th D strict and S~th of the 24th District.

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

By Senator Skelton of the 30th DistrictSenate Bill No.l38. A Bill to provide that
jurisdiction to vacate,amend or change a judgment of the Court of Appeals,shall continue in the Court for thirty days after the term at which judgments are rendered;and tor other purposes.

The report of the comm1ttee,which was favorable to the passage of the b1ll,was agreed to.

o.On the.passage of the bill theayes were 34,nays

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

718

JouRNAL OF THE SENATE,

The following resolution of the House was read and adopted: By Messrs. Bennett and Twitty of Ware-
House Resolution No.ll2. A Resolution memoralizing Congress to enact appropriate legislation whereby funds will be available for use in the Okefenokee Swamp to the Florida line with Lake City,Florida as a highway objective.
Senator Pope of the 15th District asked unanimous consent that Senate Bill No.69,an order of unfinished business today be postponed until Tuesday, February 12th,under the head of unfinished business.
The following privileged resolutions were read and adopted: By Senator Lester of the 18th District-
A resolution extending the privileges of the floor to Hon.Frank Turner,of Augusta, Georgia. By Senator Carrington of the 27th District and Senator Dennis of the 28th District-
A resolution extending the privileges of the floor to Hon.Ernest Camp,of Monroe, Georgia. By Senator Kirkland of the 49th District-
A resolution extending the privileges of the floor to Mrs. W.T. Wright,of Metter,Georgia. By Senator King of the 11th District-
A resolution extending the privileges of the floor to Judge John L. Cone,of Atlanta.
Senator Duncan of the 23rd District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until eleven otclock Monday morning,next.

MoNDAY, FEBRUARY 11, 1935.

719

Senate Chamber, Atlanta, Georgia. Monday, February 11, 1935.
The Senate met,pursuant to adjournment,at 11 o'clock A.M. this day and was called to ordsr by the President.
Prayer was offered by the Chaplain. The following resolution or the Senate was read and adopted: By Senator Edenfield of the 4th District,Senator Simmons of the 8th Distr1ct,Senator King of the 11th District Senator McGehee of the 25th District Senator Skelton or the 30th District,Senator Scott ot the 7th District,Senator McWhorter of the 19th District,Senator McLeod of the 9th District,Senator Vaughn o! the 34th District,Senator Pope ot the 15th DistrictLSenator Carrington of the 27th District, Senator ~trickland of the 3rd District,Senator Gaskins of the 6th District,Senator Milhollin or the 46th District,Senator Larsen of the 16th District, Senator Crawford of the 42nd District,Senator Redwine or the 26th District Senator Hart of the 36th District and Senator Kirkiand of the 49th DistrictSenate Resolution No. 62.
A RESOLUTION WHEREAS,as Allwise Providence has again come among us and seen fit to call to his final rest another of our colleagues and friends,and WHEREAS,the Senate and our State have suffered an irreparable loss in the death of Honorable George H. Carswell,of the 21st District,a former presiding officer or this body apd one of Georgia's most useful and distinguished citizens, therefore BE IT RESOLVED; That,bowing in humble submission

720

JouRNAL oF THE SENATE,

to the Will of God,his desk be draped with an emblem of our mourning for a period of ten days; that fitting resolutions and memorial b0 prepared by a committee to be appointed by the President,that this Senate stand adjourned today,in respect to the memory of our beloved fellow Senator. The President appointed as a committee under the provisions of the above resolution the following: Senator King of the 11th District,Senator Simmons of the 8th District,Senator McWhorter of the 19th District,Senator Larsen of the 16th District, Senator Crawford of the 42nd District and Senator Skelton o:~ the 30th District. The Pre;">ident announced that according to the provisiono of Senate Resolution No. 62 the Senate stood adjourned until tomorrow morning at 10 otclock.



TuESDAY, FEBRUARY 12, 1935.

721

Senate Chamber, Atlanta, Georgia. Tuesday, February 12, 1935.
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 Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that he had examined the Journals of the two previous sessions, February 8th and 11th, and found them to be correct. Senator Pope of the 15th District asked unanimous consent that the reading of the Journals of the two previous sessions be dispensed with and consent was granted. The Journals were confirmed. Senator Scott of the 7th District asked unanimous consent that the following be established as the order of business for today,during the first part of the period of unanimous consents: 1. Introduction of new matter under the rules. 2. Reports of standing committees. 3. Second reading of Senate and House bills and resolutions favorably reported. 4. Third reading and passage of local uncontested Senate and House bills and resolutions,and uncontested general bills with local application. 5. First reading and reference of House bills. The following bills of the Senate were introduce~ read the first time and referred to Comrnattees:

722

JouRNAL oF THE SENATE,

By Senator Scott of the 7thSenate Bill No. 155. A bill to amend the Georgia
Code of 1933 with reference to the tiling of bills of exceptions and to the time for making out and transmitting transcripts of records; and for other purposes.
Committee on General Judiciary No. 1. By Senator Scott of the 7th~
Senate Bill No. 156. A bill to amend Article 6 of the Constitution by adding thereto certain precautions against the dismissal of writs of error in the Supreme Court and the Court of Appeals of this State; and for other purposes.
Committee on Am.endments to the Constitution. By Senator Edenfield of the 4th-
Senate Bill No. 157. A bill to create and provide for a State Racing Commission; and for other purposes.
Committee on State of Republic. By Senator Johnston of the 39th-
Senate Bill No. 158. A bill to provide for the ~ent of a salary in lieu of fees to Sheriffs in certain counties in this State; and for other purposes.
Committee on Counties and County Matters. By Senator Millican of the 35th-
Senate Bill No. 159. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28th,l874; and for other purposes.
Committee on MUnicipal Government. By Senator Chappell of the 13th-
Senate Bill No. 160. A bill to amend the Code of Georgia of 1933 which provides that a testator may by will dispense with the necessity of his executor

TUESDAY, FEBRUARY 12, 1935.

723

ma.ldng an inventory or return; and for other purposes.
Committee on General Judiciary No. 2. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President: The House has passed by the requisite Constitutional majority the following Bill of the House to wit: House Bill No. 32. A Bill to be entitled an Act to propose to the qualified voters an amendment to the Constitution of the State of Georgia, to exempt $500.00 in value from ad valorem taxation,in personal property,and for other purposes. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President: The House has passed by the requisite Constitutional majority the following bills and resolutions ot the House and Senate to wit: By Mr. Cohen of Chatham. House Bill No. 19. A bill to be entitled an Act to authorize Executors,Administrators,etc.,to invest trust funds in any bonds or ~ther obligations of the United States,and to validate investments heretofore made in s~ch securities,and !or other purposes. By Messrs. G8.rdner o! Candler,Cohen of Chatham and Mrs. Coxon o! Long. House Resolution No. 54-298-a. A Resolution directing the Governor to proclaim October 11th of each year aeneral Pulaski's Memorial nay",and for other purposes.

724

JouRNAL oF THE SENATE,

By Mr. Rivers of Lanier. House Bill No. 200. A Bill to be entitled an Act
to relieve the city of Lakeland Georgia of certain taxes,and for other purposes. By Messrs. Lindsay,Guess and Ansley of Del{alb.
House Bill No. 247. A Bill to be entitled an Act to provide that no person,firm or corporation shall establish,maintain or operate any public dance hal~ swimming pool or place of public amusement for money or profit,outside the limits of incorporated towns or cities in any county in this state having within its boundaries the whole or a part of a city of two hundred thousand or more population without first obtaining the permission of the Commissioners of Roads and Revenues of such county or other authority in charge of county matters,and for other purposes. By Mr. Garrett of Carroll.
House Bill No. 338. A Bill to be entitled an Act to increase the number of terms of the Superior Court of Carroll County,and for other purposes. By Messrs. Hartsfield,Almand and Ramsey of Fulton.
House Bill No. 343. A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta,so as to authorize the Mayor and General Council to carry over and retire tram year to year a deficit of $1,500,000,and for other purposes. By Messrs. Hartsfield,Almand and Ramsey of Fulton.
House Bill No. 344. A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta,authorizing group insurance for employees,and for other purposes.
By r1r. Garrett of Carroll.
House Bill No. 364. A Bill to be entitled an Act to repeal an act to establish a city court in the city of Carrollton,and all acts amendatory thereof, and for other pruposes.

TuESDAY, FEB!tUARY 12, 1935.

725

By Messrs. Ansley,Lindsay and Guess of Dekalb. House Bill No. 377. A Bill to be entitled an Act
to protect the students of the public schools and colleges from fire hazards; to provide for the erection of fire escapes,and for other purposes. By Mr. Wrench of Charlton.
House Bill No. 388. A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Charlton County,and for other purposes. By Messrs. Ramsey,Almand and Hartsfield of Fulton.
House Bill No. 393. A Bill to be entitled an Act to amend an Act approved August 20,1929,authorizing creation of retirement funds for county teachers in counties of a certain population,and for other purposes. By Mr. W!lliams of Coffee.
House Bill No. 478. A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Coffee County ~d establishing the office of Tax Commissioner of Coffee County,and for other purposes. By Mr. Moore of Clayton.
House Bill No. 481. A Bill to be entitled an Act to amend an Act incorporating the town of Forest Park,and for other purposes. By Messrs. Lanier,Harris and Barrett of Richmond.
House Bill No. 408. A Bill to be entitled an Act to tix the salaries or county officers in counties ot a certain population, and !or other purposes. By Mr. Fowler o! Treutlen.
House Bill No. 455. A Bill to be entitled an Act to amend an Act creating the office of Tax Comrndssioner of Treutlen County,and for other purposes. By Mr. Barnard or Towns.
House Bill No. 482. A Bill to be entitled an Act to repeal an Act to provide tor election or appointment ~r County School Superintendents in certain

726

JouRNAL OF THE SENATE,

counties,and for other purposes. By Senator Atkinson or lst and Senator Beasley or 2nd.
Senate Bill No. 26. A Bill to be entitled an Act to grant to the United States or America certain ungranted and reverted lands in Chatham County Georgia,and also a portion or Cockspur Island in Chatham County,Georgia,and for other purposes.
The House has agreed to the Senate amendments to the following Bills of the House: By Mr. Rivers of Lanier.
House Bill No. 5. A Bill to be entitled an Act to define the status of the Regents of the University System of Georgia,and for other purposes. By Mr. Warnell of Bryan.
House Bill No. 113. A Bill to be entitled an Act to create a Board or Commissioners or Roads and Revenues or Bryan County,and for other purposes.
Mr. W.W. Larsen Jr. ot the 16th District Chairman or the Committee on Judiciary No. 2 submitted the following report: Mr. President:
Your Connni ttee on Judiciary No. 2 have had under consideration the following Bills or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 113, do pass. Senate Bill No. 121, do pass. Senate Bill No. 141, do pass. Senate Bill No. 147, do pass. Senate Bill No. 148, do pass.
Reswp.ewc.tfLuallrysensuJbrm.itote!d16th District,
Chairman.

TUESDAY, FEBRUARY 12, 1935.

727

Mr. McLeod or the 9th District Chairman of the Comrndttee on Engrossing submitted the following report:

Mr. President:

Your Committee on Engrossing have had under consideration the following Bills of the Senate and have instructed me as Chairman,to report the same back as being ready for transmission to the House:

Senate Bill No. 125. Senate Bill No. 137. Senate Bill No. 138.

Respectfully submitted A.N. McLeod of 9th District, Chairman.

The following resolution of the Senate was read and adopted:

By Senator King of the 11th District-

Senate Resolution No.63. A Resolution authoriz-

ing and directing the President and Secretary of

the Senate to draw proper requisitions for payment

of floral offerings,in the name o the funerals of Honorable Charles

fct.heFuSlgehnumatea,nfdor

Honorable George H. Carswell deceased members of

this body in the sum of Twenty Five Dollars each.

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

By Senator Chappell of the 13thSenate Bill No. 113. A Bill to amend the Code of
Georgia of 1933 which provides for the appointment, qualification and removal of Jury Commissioners of the several counties of this state; and for other purposes.

By Senator Chappell of the 13thsenate Bill No. 121. A Bill to amend Section 22-
308 of the Code or Georgia of 1933,which provides

728

JouRNAL oF THE SENATE,

for the granting of charters by Judges of the Superior Courts in vacation;and for other purposes.

By Senator Larsen of the 16thSenate Bill No. 141. An act to amend Section
4361 of the Civil Code relating to the limitation of actions on warrants,checks;and for other purposes.

By Senator Larsen of the 16thSenate Bill No. 147. A Bill to provide a salary
for the Solicitor-General of the Dublin Judicial Circuit; and for other purposes.

By Senator Larsen of the 16thSenate Bill No. 148. A Bill amending the law in
regard to Insurance companies acting in bad faith and not paying losses and subjecting themselves to a penalty when the verdict has been rendered; and for other purposes.

The following resolution of the Senate was read and adopted:

By Senator Atkinson of the 1st District,Senator Strickland of the 3rd DistrictLSenator Milhollin of the 46th District and Senator vickerson of the 5th District-
Senate Resolution No.64. A Resolution that the Senate of Georgia express to Senator and Mrs. Edenfield felicitations and congratulations upon the birth of a daughter.

The following resolutions of the Senate were read

third time and put upon their passage:



By Senator Crawford of the 42nd DistrictSenate Resolution No. 40. A Resolution authoriz-
ing the State Librarian to furnish the Ordinary of Chattooga County,Summerville,Ga., the Code of 1933; and for other purposes.

Senator Crawford of the 42nd District offered the following substitute for Senate Resolution No. 40:

TUESDAY, FEBRUARY 12, 1935.

729

"Be it resolved by the Senate,the House of Repre-

sentatives concurring,that a copy of the 1933 Code

of Georgia be furnished the Ordinary of Chattooga

County,Summerville, Ga., and the State Librarian is

hereby authorized and directed to furnish same to

said Ordinary."

.

The Substitute was adopted.

The report of the commattee,which was favorable to the passage of the resolution,by substitite,was agreed to.

On the the ayes

passage were 31,

onfaythseor.esolution,by

substitute,

The resolution,by substitute,hav1ng received the requisite Constitutional majority,was passed.

By Senator Chappell of the 13th DistrictSenate Resolution No. 42. A Resolution proposing
to the General Assembly that the State Librarian be authorized to complete the sets of Supreme Court reports and Pa.rkis Annotated Code in the offices of the Judge of the Superior Court of the Southwestern Circuit of Georgia; and for other purposes.

The report of the connnittee,w41ich was favorable to the passage of the resolution,was agreed to.

On nays

oth. e

passage

of

the

resolution

the

ayes

were

36,

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

By Senator Evans of the 29th DistrictSenate Resolution No. 43. A Resolution that a copy of the 1933 Code of Georgia be furnished for the Superior Court room of McDuffie County; and tor other purposes.

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

730

JouRNAL oF THE SENATE,

On the 36,nays

op. assage

of

the

resolution

the

ayes

were

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

By Senator Lester of the 18th DistrictSenate Resolution No. 25. A Resolution to relieve
the Roman Catholic Society in the City of Augusta; and for other purposes.

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

On the passage of the resolution the ayes were
35,nays o.

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

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

By Senator Almon of the 37th DistrictSenate Bill No. 89. A Bill vesting in the Tax
Collectors in certain counties the powers of Sheriffs of said counties relative to the collection and levy of all tax fl. fas.;and for other purpose~

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

28,

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

By Senator Millican of the 35th DistrictSenate Bill No. 99. A Bill authorizing any muni-
cipality and County having a population of 200,000 or more,to contract one with the other with reference tc cts~osal of sewerage;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On na:ys

toh. e

passage

of

th e

bill

the

ayes

were

35,

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

TuESDAY, FEBRUARY 12, 1935. -

731

By Senator M!lhollin of the 46th DistrictSenate Bill No. 116. A Bill providing tor the
appointment and election of a Board of Commissioners ot Roads and Revenues tor the County of Coffee;and for other purposes.
The report of the committee,whiQh was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 35,
nays o.
The bill having received the requisite Constitutional majority,was passed. By Senator Smith of the 24th District-
Senate Bill No. 139. A Bill to amend the Charter ot the City of Columbus; to abolish the offices of Mayor and Board of Alderman and certain other otfices;and tor other purposes.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
on the passage of tne bill the ayes were 3l,nays o.
The bill having received the requisite Constitutional majority,was passed.
The following local uncontested bills of the House were read third time and put upon their passage: By Messrs. Lanier,Harris and Barrett of Richmond-
House Bill No. 11. A Bill to be entitled an Act to amend t:tte Charter of the City of Augusta;and tor other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 38,nays o.
The bill having received the requisite Constitutional major!ty,was passed.

732

JouRNAL OF THE SENATE,

By Mr. Darnell or PickensHouse Bill No. 18. A Bill to be entitled an Act
to provide ror the holding or three terms in each year or the Superior Court or Pickens County,and ror other purposes.
The report or the comrndttee,which was favorable to the passage or the .bill,was agreed to.
o. On the passage or the bill the ayes were 35, nay.s
The bill having received the requisite Constitutional majority, was passed.
The following bills or the House were read the first time and referred to Committees: By Mr. Cohen or Chatham-
House Bill No. 19. A Bill to authorize executors, administrators to invest trust funds in any bonds of the United States,and to validate investments heretofore made in such securities; and ror other purposes.
Committee on General Judiciary No. 1. By Messrs. Lanier,Harris,Barrett or Richmond; Rivers or Lanier; McGraw or Meriwether; Terrell or Troup-
House Bill No. 32. A Bill to propose to the qualified voters and amendment to the Constitution or the State or Georgia to exempt $500 in value from ad valorem taxation,in personal proparty; and for other purposes.
Comndttee on Amendments to the Constitution. By Mr. Rivers or LanieT-
House Bill No. 200. A Bill to relieve the City or Lakeland,Georg1a,of certain taxes; and ror other purposes.
Committee on Municipal Government.

TUESDAY, FEBRUARY 12, 1935.

733

By Messrs. Lindsey,Guess and Ansley or DeKalbHouse Bill No. 247. A Bill to provide that no
person or corporation shall operate any public dance hall,swimming pool or place or public amusement tor profit out side the limits or incoporated towns or cities in certain counties; and tor other purposes.
Committee on Special Judiciary. By Mr. Garrett of Carroll-
House Bill No. 338. A Bill to increase the number of terms of the Superior Court of Carroll County; and for other purposes.
Committee on Special Judiciary. By Messrs. Hartstield,Almand and Ramsey of Fulton-
House Bill No. 343. A Bill amending an Act so as to authorize the Mayor and general council to carry over and retire from year to year a deticit or $1,500,000.00; and tor other purposes.
Committee on Municipal Government. By Messrs. Hartsrield,Almand and Ramsey or Fulton-
House Bill No. 344. A Bill to amend an Act establishing a new charter tor the City or Atlanta authorizing Group Insurance for omployees; and for other purposes.
Committee on Insurance. By Mr. Garrett of Carroll-
House Bill No. 364. A Bill to repeal an Act to establish a City Court in the City or Carrollton; and for other purposes.
Committee on Special Judiciary. By_Mr. Salter or Baker-
House Bill No. 375. A Bill to provide for the payment of actual cost incurred in the Superior Court of Baker County for the trial and conviction

'734

JouRNAL oF THE SENATE,

or convicts; and tor other purposes. Committee on Counties and County Matters.
By Mr. Salter ot BakerHouse Bill No. 376. A Bill to amend an Act to
create a Board or Commdssioners or Roads and Revenues tor Baker County; and tor other purposes.
Committee on Counties and County Matters. By Messrs. Ansley,L!ndsey and Guess or DeKalb-
House Bill No. 377. A Bill to protect the students or the public schools and colleges from tire hazards; and tor other purposes.
Commdttee on Education. By Mr. Wrench ot Charlton-
House Bill No. 388. A Bill to create a Board or Commissioners or Roads and Revenues tor Charlton County; and tor other purposes.
Committee on Counties and County Matters. By Messrs. Ramsey,Almand,Hartstield or Fulton-
House Bill No. 393. A Bill to amend an Act authorizing creation or retirement funds tor county teachers in certain counties; and tor other purposes.
Commdttee on Counties and County Matters. By Mr. Williams or Coffee-
House Bill No. 399. A Bill to amend an Act to establish the City Court or Douglas in the City or Douglas,Cotfee County,Georgia,and tor other purposes.
Commdttee on Special Judiciary. By Messrs. Lanier,Harris,Barrett ot Richmond-
House Bill No. 408. A bill to fix the salaries or county officers in certain counties; and tor

TUESDAY, FEBRUARY 12, 1935.

735

other purposes.

Committee on Counties and County Matters.

By Messrs. Hartstield,Almand,Ramsey ot FultonHouse Bill No. 410. A Bill to amend an Act es-
tablishing the criminal Court or Atlanta,so as to change the name or said court to "Criminal Court of Fulton County;" and for other purposes.

Committee on Special Judiciary

By Messrs. Peebles Felton ot BartowHouse Bill No. 414. A Bill to amend the charter
of the City of Cartersville,and fix compensation tor Alderman; and for other purposes.

Comndttee on Municipal Government.

By Messrs. Peebles Felton or BartowHouse Bill No. 4i5. A Bill to amend an Act in
reference to the Charter or the City or Cartersville; and tor other purposes.

Committee on Municipal Government.

By Messrs. Dyer and Arnold of CowetaHouse Bill No. 423. A Bill to amend an Act to
abolish the offices or Tax Receiver ana Tax Collector or Coweta County,and to create the office of County Tax Commissioner;and for other purposes.

Committee on Counties and County Matters.

ByHMouessesrBs iLllanNioe.r,H42a4r.risl

Barrett of RichmondBill to abolish the

office

of Chairman of Board or Commissioners ot Roads and

Revenues of Richmond County;and for other purposes.

Committee on Counties and County Matters.

By Mr. Kelley of ElbertHouse Bill No. 427. A Bill to fix the amount of
the bond ot the Sheritt of Elbert County; and for

'736

JouRNAL OF THE SENATE,

other purposes.

Committee on Special Judiciary.

By Messrs. Camp,Garrett of CarrollHouse Bill No. 437. A Bill to amend an Act
consolidating the office of the Tax Collector, Tax Receiver in Carroll County, Georgia; and tor other purposes.

Committee on Counties and County Matters By Messrs. Bloodworth,Bowden,Freeman of Bibb-
House Bill No. 446. A Bill to amend an Act ot the General Assembly re-enacting and amending the charter of the City of YAcon; and tor other purposes.

Committee on Municipal Government.

By Mr. ~owler of Treutlen-

House Bill No. 455. A Bill to amend an Act

creating the office of Tax Commissioner of Treutlen

County; and tor other purposes.



Committee on Counties and County Matters.

By Mr. Gavin of ClayHouse Bill No. 467. A Bill to abolish the office
of Cotmty Treasurer of Clay County; and for other purposes.

Committee on Counties and County Matters.

By Mr. Williams of CoffeeHouse Bill No. 478. A Bill to amend an Act
abolishing the offices of Tax Receiver and Tax Collector of Coffee County,and establishing the offices of Tax Commissioner of Coffee County; and tor other purposes.

Comm1 ttee on Cotmties and County Matters.

TUESDAY, FEBRUARY 12, 1935.

73?

By Messrs. Bloodworth,Bowden,Freeman of BibbHouse Bill No.480. A Bill to amend an Act
creating a Municipal Court ot the City or Macon;and for other purposes.
Committee en Special Judiciary. By Mr. Moore of Clayton-
House Bill No. 481. A Bill to amend an Act incorporating the town of Forest Park,County of Clayton; and tor other purposes.
Committee on Municipal Government. By Mr. Barnard of Towns-
House Bill No. 482. A Bill to repeal an Act to provide tor election or appointment of Count,y School Superintendents 1n certain counties; and for other purposes.
Committee on Special Judiciary. The following resolution of the House was read the first time and referred to Committee: By Messrs. Gardner of Chandler; Cohen of Chatham; Mrs. Coxon of LongHouse Resolution No. 54-298A. A Resolution directing the Governor to proclaim October 11th of each year uGeneral Pulaski's Memorial Day;u and for other purposes. Comm1ttee on State or Republic. Senator Kirkland or the 49th District asked unanimous consent that House Bill No. 284 be withdrawn from the Committee on Special Judiciary,read a second time and re-committed to the Committee on Special Judiciary. The consent was granted. The following bill or the House was withdrawn from comm1ttee,read second time and re-committed to

'738

JouRNAL OF THE SENATE,

the Committee on Special Judiciar,y:

By Messrs. Preston and Deal or BullochHause Bill No. 284. A Bill to abolish the tee
system now existing in the Superior Courts or the Ogeechee Circuit,and tor other purposes.

Senator Millican or the 35th District asked unanimous consent that the Senate reconsider its action in passing Senate Bill No. 99 and consent was granted.

Senator Millican or the 35th Dlstrict asked unanimous consent that Senate Bill No. 99 be re-committed to the Committee on Counties and County Matters and consent was granted.

Under the head or unfinished business the following bill or the Senate was put upon its passage:

By Senator Pope ot the 15th DistrictSenate Bill No. 69. A Bill to provide rules or
eligibility tor applicants tor disabled veterans licenses; and tor other purposes.

Senator Carrington or the 27th District orrered an amendment to the original bill.

Senator Atkinson or the 1st District orrered a substitute tor Senate Bill No. 69.

Senator Atkinson or the 1st District orrered the following amendment to the substitute tor Senate Bill No. 69:

By adding at the end or Section 4 the words "or

Junk Business".

.

The amendment by Senator Carrington was lost.

The amendment to the substitute to Senate Bill No. 69 by Senator Atkinson was adopted.

On the adoption or the substitute by Senator

TuESDAY, FEBRUARY 12, 1935.

739

Atkinson 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:

Atkinson Beasley Chappell Darden Evans Gary Goodwin

Harden Johnson of the
31st
Jones King Kirkland McGehee

McGinty McWhorter Millican Rawlins SiDDD.ons Skelton Strickland

Those voting in the negative were Senators:

Almon Cannon Carrington Clark Cooper Crawford Dennis Dickerson Duncan

Gaskins Hart Johnston of the
39th
Kiker Lancaster Larsen Lester McLeod

Pope Ragan Scott
Smith
Thomas Turner
Vaughn
Wright

The roll call was verified.

The ayes were 20, nays 25.

The substitute as amended was lost.

The report of the comm!ttee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes and nays were called for and the call was sustained.

The roll was called and the vote was as follows:-

Those voting in the affirmative were Senators:

. Almon

Beasley

Cannon

740

JouRNAL oF THE SENATE,

Carrington Chappell Clark Cooper Crawford Darden 'Dennis Dickerson Duncan Gary Gaskins Goodwin

Harden Hart Johnston of the 39th Kiker Kirkland Lancaster Larsen Lester McGehee McGinty McLeod

McWhorter Millican Pope Ragan Scott Simmons Smith Strickland Thomas Turner Vaughn Wright

Those voting in the negative were Senators:

Atkinsor Evans Johnson of tl1e 31st

Jones

Rawlins Skelton

By unanimous consent the verification of the roll call was dispensed with.

The ayes were 38, nays 6.

Not voting were: Senators Edenfield of the 4th District, King of the 11th District, and M1lhollin of the 46th District.

The bill having received the requisite Constitutional rr~jority,was passed.

Senator Vaughn of the 34th District asked unanimous consent that Senate Bill No. 69 be immediately transmitted to the House and consent was granted.

Senator Evans of the 29th District moved that the Senate disagree to the report of the Commdttee which was unfavorable to the passage ot Senate Bill No. 120; the motion prevailed,whereupon the bill took its place for second reading and ;;ill in its order take its place at the foot of the calendar.

TuESDAY, FEBRUARY 12, 1935.

741

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

By Senator Dennis of the 28th DistrictSenate Bill No. 55. A Bill ~mending Title 58 of
the Code of Georgia of 1933 by fixing the speed limit of vehicles;and for other purposes.

Senator Simmons of the 8th District offered an amendment.

Senator Vaughn of the 34th District offered an amendment to the amendment by Senator Simmons.

Both the amendments by Senator Vaughn and Senator S~ons were lost.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

o. On

the

passage

of the
.

bill

the

ayes

were

37,

nays

The bill having received the requisite Constitu-

tional majority, was passed.

Senator Chappell of the 13th District asked unanimous consent that Senate Bill No. 55 be immediately transmitted to the House,and consent was granted.

The following bill of the Senate was put upon its passage:

By Senator Millican of the 35th DistrictSenate Bill No. 14. A Bill amending the Consti-
tution of the State of Georgia and rearranging the Senatorial Districts; and for other purposes.

The committee offered the following substitute:

A RESOLUTION

Proposing to the qualified voters of Georgia an amendment to Article III,Section II of the Constitu-

742

JouRNAL oF THE SENATE,

tion or Georgia creati~g a new senatorial district to be composed of the County or Fulton.
RESOLVED BY THE GENERAL ASSEMBLY OF-GEORGIA: SECTION 1. That Article III,Section II of the Constitution or Georgia be and the same is hereby amended by striking from the second line or Paragraph I thereof the words "fifty-one" and inserting in lieu thereof the words "fifty-two" ;by striki~ from the third line thereof the words "fifty-one and inserting in lieu thereof the words "fifty-two" so that saiC Paragraph I or Section II or Article III,as amended,shall.read as follows: "Paragraph I. Number or senators and senatorial districts. The Senate shall consist or fiftytwo members. There shall be fifty-two Senatorial Districts,as now arranged by counties. Each District shall have one Senator."
' SECTION II. That said Article III,Section II of the Constitution of Georgia beamended by striking from subparawraph 35 or Paragraph II thereof the word "Fulton and by adding at the end of said Paragraph II a new subsection to be numbered "52" and to read as follows: "52. The Fifty-second Senatorial District shall be composed or the County or Fulton" so that said Paragraph II of Section II of Article III of the Constitution as amended shall read as follows: "Paragraph II. Senatorial Districts Enumerated. 1. The first Senatorial district shall be composed or the counties or Chatham,Bryan and Effingham. 2. The second Senatorial District shall be composed of the counties of Liberty,Tattnall,McIntosh and Long. 3. The Third Senatorial District shall be composed of the counties of Wayne,Appling,Jeff Davis and Brantley. 4. The Fourth Senatorial District shall be composed or the counties or Glynn,Camden and Charlto~

TUESDAY, FEBRUARY 12, 1935.

743

5. The Fifth Senatorial District shall be com-

posed of the counties of Ware, Clinch and

Atkinson.

6. The Sixth Senatorial District shall be com-

posed of the counties of Echols, Lowndes,

Berrien Cook and Lanier.

7. The Seventh Senatorial District shall be com-

posed of the counties of Brooks, Thomas and

aG.raTdhye. Eighth-Senatorial District shall be com-

posed of the counties of Decatur, Mitchell,

Miller and Seminole.

9. The Ninth Senatorial District shall be com-

. posed of the counties of Early, Calhoun and

Baker.

10. The Tenth Senatorial District shall be com-

posed of the counties of Dougherty, Lee and

Worth.

11. The Eleventh Senatorial District shall be

composed of the counties of Clay, Randolph and

Terrell.

12. The Twelfth Senatorial District shall be

composed of the counties of Stewart,Webster and

Quitman.

.

13. The Thirteenth Senatorial District shall

be composed or the counties of Sumter, Schley

and Macon.

14. The Fourteenth Senatorial District shall

be composed or the counties of Dooly,Pulaski

and Blackley.

15. The Fifteenth Senatorial District shall be

composed of the counties of Wheeler,Montgomery

and Toombs.

16. The Sixteenth Senatorial District shall be

composed of the counties of Laurens,Emanuel

Johnson and Treutlen.



17. The Seventeenth Senatorial District shall

be composed ot the counties or Screven,Burke

and Jenkins.

18. The Eighteenth Senatorial District shall

be composed of the counties of Richmond, Glas-

cock and Jefferson.

19. The Nineteenth Senatorial District shall

be composed of the counties of Taliaferro,

744

JouRNAL OF THE SENATE,

Greene and Warren. 20. The Twentieth Senatorial District shall be composed of the counties of Baldwin, Hancock and Washington. 21. The Twenty-first Senatorial District shall be composed of the counties of Twiggs, Wilkinson and Jones. 22. The Twenty-second Senatorial District shall be composed of the counties of Bibb, Monroe, Pike and Lamar. 23. The Twenty-third Senatorial District shall be composed of the counties of Houston, Crawford, Taylor and Peach. 24. The Twenty-fourth Senatorial District shall be composed of the counties of Muscogee, Marion and Chattahoochee. 25. The Twenty-fifth Senatorial District shall be composed of the counties of Harris, Upson and Talbot. 26. The Twenty-sixth Senatorial District shall be composed of the counties of Spalding, Butts and Fayette. 27. The Twenty-seventh Senatorial District shall be composed of the counties of Barrow, Walton and Oconee. 28. The Twenty-eighth Senatorial District shall be composed of the counties of Jasper, Putnam and Morgan. 29. The Twenty-ninth Senatorial District shall be composed of the counties of Columbia,Lincoln and McDuffie. 30. The Thirtieth Senatorial District shall be composed of the counties of Elbert, Madison and Hart. 31. The Thirty-first Senatorial District shall be composed of the counties of Frank11n,Habersham and Stephens. 32. The Thirty-second Senatorial District shall be composed of the counties of White, Dawson a:nd Lumpkin. 33. The Thirty-third Senatorial District shall be composed of the counties of Hall, Banks and Jackson. 34. The Thirty-fourth Senatorial District shall

TUESDAY, FEBRUARY 12, 1935.

745

be composed of the counties of DeKalb, Rockdale,

and Newton.

35. The Thirty-fifth Senatorial District shall

be composed of the counties of Clayton and Henry.

36. The Thirty-sixth Senatorial District shall

be composed of the counties of Coweta and Meri-

wether.

37. The Thirty-seventh Senatorial District shall

be composed of the counties of Carroll,Heard,

and Troup.

38. The Thirty-eighth Senatorial District shall

be composed of the counties of Haralson, Polk

and Paulding.

39. The Thirty-ninth Senatorial District shall

be composed of the counties of Cherokee, Cobb

and Douglas

40. The Fortieth Senatorial District shall be

composed of the counties of Union,Towns and

Rabun.

41. ~he Forty-first Senatorial District shall

be composed of the counties of Pickens,Fannin

and Gilmer.

42. The Forty-second Senatorial District shall

be composed of the counties of Bartow, Floyd

and Chattooga.



43. The Forty-third Senatorial District shall

be composed of the counties of Murray, Gordon

and Whitfield.

44. The Forty-fourth Senatorial District shall

be composed of the counties of Walker, Dade and

catoosa.



45. The Forty-fifth Senatorial District shall

be composed of the counties of Irwin, Ben Hill

and Telfair.

46. The Forty-sixth Senatorial District shall

be composed of the counties of Bacon, Pierce

and Coffee.

47. The Forty-seventh Senatorial District

shall be ~omposed of the counties of Colquitt,

Tift and Turner.

48. The Forty-eighth Senatorial District shall

be composed of counties of Crisp, Wilcox and

Dodge.

49. The Forty-nin~h Senatorial District shall

746

JouRNAL oF THE SENATE,

be composed of the counties of Bulloch,Candler and Evans.
50. The Fiftieth Senatorial District shall be composed of the counties of Clarke, Oglethorpe, and Wilkes. 51. The Fifty-first Senatorial District shall be composed of the counties of Gwinnett and Forsyth. 52. The Fifty-second Senatorial District shall be composed of the county of Fulton. SECTION 3. This amendment shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election,and shall be submitted to the qualified voters of Georgia for ratification or rejection at the next general elec.tion. Those desiring to vote in favor of the ratification of said amendment shall have written or printed on their ballots the words "For ratification of amendment to Article III,Section II of the Constitution of Georgia creating a new senatorial district to be composed of Fulton County"; and those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article III, Section II of the Constitution of Georgia,creating a new senatorial district to be composed of Fulton County". If at the next general election a majority of those voting shall vote in favor of the ratification of this amendment,upon consolidation and ascertainment of the result as provided by law,the same shall become a part of Article III, Section II of the Constitution of Georgia and the Governor shall make proclamation thereof as provided by law. Senator Millican of the 35th District offered the following amendment: By striking the figure 31 in Paragraph 32 and inserting in lieu thereof the figure 32 and renumbering the succeeding Paragraph to read consecutively.

TuESDAY, FEBRUARY 12, 1935.

747

The amendment to the substitute was adopted.

The committee substltute,as amended,was adopted.

The report of the commlttee,whlch was favorable to the passage of the blll,by substitute as amended, was agreed to.

On the passage of the blll,by substitute as amended,it being a proposed amendment to the Constitutio~ the roll was called and the vote was as follows:

Those voting ln the affirmative were Senators:

Atkinson Carrington Chappell Clark Cooper Crawford Darden Dennis Dickerson Duncan Gary Gaskins

Goodwin Harden ,Hart Jo:tmson of the 31st Johnston of the 39th Jones King Kirkland Lancaster Larsen

Lester McLeod McWhorter Millican Pope Ragan Rawlins Simmons Skelton Smith Thomas Vaughn

Those voting ln the negative were Senators:

Beasley Evans Kiker

McGehee McGinty Mllhollln

Strickland Wright

The roll call was verified.

The ayes were 34, nays 8.

Not voting were: Senators Almon of the 37th Distrlct,Cannon of the 40th Dlstrlct,Edenfield of the 4th D1str1ct,Rucker of the 50th D1str1ct~Scott of the 7th D1str1ct,and Turner of the 32nd vistrict.

The bill by substitute as amended having received the r~quisite two-thirds Constitutional majority,

748

JouRNAL OF THE SENATE,

was passed. The bill as passed by the Senate is as follows:
A BilL
Proposing to the qualified voters of Georgia an amendment to Article III, Section II of the Constitution of Georgia creating a new senatorial district to be composed of the County of Fulton.
RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION ONE.
That Article III, Section II of the Constitutlon of Georgia be and the same is hereby amended by striking from the second line of Paragraph I thereof the words 8 fifti-one and inserting in lieu thereof the words fifty-two"; by s trikillg trom the third line thereof the words "fifty-one" and inserting in lieu thereof the words "fifty-two" so that said Paragraph I of Section II of Article III, as amended,shall read as follows:
"Paragraph I. Number of Senators anQ. Senatorial districts. The Senate shall consist of fifty-two members. There shall be fifty-two Senatorial Districts,as now arranged by counties. Each District shall have one Senator."
SECTION TWO. That said Article III,Section II of the Constitution of Georgia be amended by striking from sub~ragra~h 35 of Paragraph II thereof the word Fulton and by adding at the end or said Paragraph II a new subsection to be numbered "52" and to read as follows: "52. The Fifty-second Senatorial District shall be composed of the County of Fulton~ so that said Paragraph II of Section II or Article III of the Constitution as amended shall read as follows:

TuESDAY, FEBRUARY 12, 1935.

749

"Paragraph II. Senatorial Districts Enumerated. 1. The first senatorial district shall be composed of the counties of Chatham,Bryan and Effingham. 2. The Second Senatorial District shall be composed of the counties of Liberty,Tattnall, Mcintosh and Long. 3. The Third Senatorial District shall be composed of the counties of Wayne,Appling,Jeff Davis and Brantley. 4. The fourth Senatorial District shall be composed of the counties of Glynn,Camden and Charlton. 5. The Fifth Senatorial District shall be composed of the counties of Ware,Clinch and Atkinson. 6. The Sixth Senatorial District shall be composed of the counties of Echols,Lowndes, Berrien,Cook and Lanier. 7. The Seventh Senatorial District shall be composed of the counties of Brooks,Thomas and
Grady.
8. The Eighth Senatorial District shall be composed or the counties or Decatur,Mitchell, Miller and Seminole. 9. The Ninth Senatorial District shall be composed of the counties of Early,Calhoun and Baker. 10. The Tenth Senatorial District shall be composed of the counties of Dougherty, Lee and Worth. 11. The Eleventh Senatorial District shall be composed of the counties of Clay, Randolph and Terrell. 12. The Twelfth Senatorial District shall be composed of the counties of Stewart, Webster and Quitman. 13. The Thirteenth Senatorial District shall be composed or the counties of Sumter, Schley and Macon. 14. The Fourteenth Senatorial District shall be composed or the counties or Dooly, Pulaski and Blackley. 15. The Fifteenth Senatorial District shall be

750

JouRNAL OF THE SENATE,

composed of the counties of Wheeler, Montgomery and Toombs. 16. The Sixteenth Senatorial District shall be composed of the counties of Laurens,Emanuel, Johnson and Treutlen. 17. The Seventeenth Senatorial District shall be composed of the counties of Screven,Burke and Jenkins. lB. The Eighteenth Senatorial District shall be composed of the counties of Richmond,Glascock and Jefferson. 19. The Nineteenth Senatorial District shall be composed of the counties of Taliaferro, Greene and Warren. 20. The Twentieth Senatorial District shall be composed of the counties of Baldwin, Hancock a.nd Washington. 21. The Twenty-first Senatorial District shall be composed of the counties of Twiggs, Wilkinson and Jones. 22. The Twenty-second Senatorial District shall be composed of the counties of Bibb, Monroe, Pike and Lamar. 23. The Twenty-third Senatorial District shall be composed of the counties of Houston, Crawford Taylor and Peach. 24. The Twenty-fourth Senatorial District shall be composed of the counties of Muscogee, Marion and Chattahoochee. 25. The Twenty-fifth Senatorial District shall be composed of the counties of Harris, Upson and Talbot. 26. The Twenty-sixth Senatorial District shall be composed of the counties of Spalding, Butts and Fayette. 27. The Twenty-seventh Senatorial District shall be composed of the counties of Barrow, Walton and Oconee. 28. The Twenty-eighth Senatorial District shall be composed of the counties of Jasper, Putnam and Morgan. 29. The Twenty-ninth Senatorial District shall be composed of the counties of Columbia, Lincoln and McDuffie.

TuESDAY, FEBRUARY 12, 1935.

751

30. The Thirtieth Senatorial District shall be

composed of the counties or Elbert, Madison

and Hart.

31. The Thirty-first Senatorial District shall

be composed or the counties of Franklin, Haber-

sham and Stephens.

32. The Thirty-second Senatorial District shall

be composed or the counties of White, Dawson

and Lumpkin.

33. The Thirty-third Senatorial District shall

be composed of the counties or Hall, Banks and

Jackson.

34. The Thirty-fourth Senatorial District shall.

be composed of the counties of DeKalb, Rockdale

and Newton.

35. The Thirty-fifth Senatorial District shall

be composed or the counties or Clayton and

Henry.

36. The Thirty-sixth Senatorial District shall

be composed or the counties of Coweta and Meri-

wetber.

37. The Thirty-seventh Senatorial District shall

be composed or the counties or Carroll,Heard

and Troup.

38. The Thirty-eighth Senatorial District shall

be composed of the counties of Haralson, Polk

and Paulding.

39. The Thirty-ninth Senatorial District shall

be composed or the counties of Cherokee, Cobb

and Douglas.

40. The Fortieth Senatorial District shall be

composed of the counties of Union, Towns and

Rabun.

41. The Forty-first Senatorial District shalL

be composed of the counties of Pickens, Fannin

and Gilmer.

42. The Forty-second Senatorial District shall

be composed or the counties or Bartow, Floyd

and Chattooga.



43. The Forty-third Senatorial District shall

be composed or the counties or Murray, Gordon

and Whitfield.

44. The Forty-fourth Senatorial District shall

be composed of the counties of Walker, Dade and

752

JoURNAL OF THE SENATE,

Catoosa. 45. The Forty-fifth Senatorial District shall be composed of the counties of Irwin, Ben Hill and Telfair. 46. The Forty-sixth Senatorial District shall be composed of the counties of Bacon, Pierce and Coffee. 47. The Forty-seventh Senatorial District shall be composed of the counties of Colquitt, Tift and Turner. 48. The Forty-eighth Senatorial District shall be composed of the counties of Crisp, Wilcox and Dodge. 49. The Forty-Ninth Senatorial District shall be composed of the counties of Bulloch, Candler and Evans. 50. The Fiftieth Senatorial District shall be composed of the counties of Clarke, Oglethorpe, and Wilkes. 51. The Fifty-first Senatorial District shall be composed of the counties of Gwinnett and Forsyth. 52. The Fifty-second Senatorial District shall be composed of the county of Fulton."
SECTION THREE. This amendment shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election,and shall be submitted to the qualified voters of Georgia for ratification or rejection at the next general election. Those desiring to vote in favor of the ratification of said amendment shall have written or printed on their ballots the words "For ratification of amendment to Article III,Section II of the Constitution of Georgia creating a new senatorial district to be composed of Fulton County";and those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article III,Section II of the Constitution of Georgia, creating a new senatorial district to be composed of

TuESDAY, FEBRUARY 12, 1935.

753

Fulton County11 If at the next general election a majority or those voting shall vote in favor or the ratification or this amendment,upon consolidation and ascertainment or the result as provided by law, the same shall become a part or Article III,Section II or the Constitution or Georgia and the Governor shall make proclamation thereof as provided by law.
The following privileged resolutions were read and adopted: By Senator Jones of the 17th District-
A Resolution extending the privileges or the floor to Hon. Jolm Kennedy, of Savannah. By Senator Hart of the 36th District-
A Resolution extending the privileges of the floor to Hon. J.W. OWens,or Newnan. By Senator Larsen of the 16tn District-
A Resolution extending the privileges or the floor to Hon.Sewell Courson,or Truetlen County. By Senator Pope of the 15th District-
A Resolution e~tending the privlleges oft he floor to Mrs.A.J.Tuten,wife of former Senator Andrew J. Tuten,and Mrs. J.H.Milhollin,wife of Senator Milhollin,and their daughters,Carol~~ and Cornelia Tuten and Martha Milhollin. By Senator Kirkland of the 49th District-
A Resolution extending the privileges or the floor to Mr. and Mrs. Sam Fine,or Metter. By Senator McWhorter of the ~~~n Dlstrict-
A Resolution extending the privileges or the floor to Hon.John Evans,a former member or the Senate from the 19th District.
Senator Lester or the 18th District moved that the Senate do now adjourn in honor or Georgia Day and the motion prevailed.
The President announced that the Senate stood adjourned until 10 otclock tomorrow morning.

754

JouRNAL OF THE SENATE,.

Senate Chamber,Atlanta,Georgia. Wednesday,February 13,1935.
The Senate met, pursuant to adjournment, at 10 otclock A.M., this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Rawlins of the 45th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Hart of the 36th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterdayts proceedings and found it correct. Senator Pope or the 15th District asked unanimous consent that the reading ot the Journal be dispensed with and consent was granted. Senator Scott of the 7th District asked unanimous consent that the following be established as the order of business during the first part of the period of unanimous consents today: 1. Introduction or new matter under the rules. 2. Reports of standing connnittees. 3. Second reading or Senate and House bills and resolutions favorably reported. 4. Third reading and passage of uncontested local Senate and House bills and resolutions. 5. First reading and reference of House bills. 6. Putting on their passage general Senate bills and resolutions ready tor third reading. The following resolution of the Senate was read and referred to the Committee on Rules: By Senator Evans of the 29th DistrictSenate Resolution No. 65. A Resolution establishing Senate Resolution No. 59 as a special order of

WEDNESDAY, FEBRUARY 13, 1935.

755

business for this day. Senator Lester of the 18th District asked unani-
mous consent that the Senate adjourn at 12:00 otclock, noon, today in order that the members of the Senate might attend an address to be delivered by Honorable J. Hamilton Lewis, United States senator of Illinois, and a former Georgian.
The consent was granted. Senator Scott of the 7th District asked unanimous consent that the Senate take a five minutes recess in order that the Rules Commdttee might meet and consent was granted. The President called the Senate to order. Mr. Scott of the 7th District,Vice-Ghairman of the Committee on Rules, submitted the following report: Mr. President: Your Committee on Rules have had under consideration the following Resolution of the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 65, do pass~as amended.
Reswp.ecFt.fuSllcyotstuobmf i7tttehdbistrict,
Vic e-Gha 1rman. The following resolution of the Senate,as amended by the commdttee, was read and adopted: By Senator Evans of the 29th DistrictSenate Resolution No. 65. A Resolution establishing as a special order of the day Senate Resolution No. 59 and Senate Bill No. 81. The following resolution of the Senate was read

756

JouRNAL OF THE SENATE,

and adopted:

By senator Redwine of the 26th District-

Senate Resolution No. 66. A Resolution provid-

ing that the Senate suspend the order of business

at 12 o'clock, noon, Monday, February 18th, and at

th~t hour go into a special Memorial Session to

Cpahyartlreisbuct.eFtuolghtuhme ,

memory of the late

the late Senator Senator George H.

CarsWell and the late Chaplain, Rev. J.W.G.Wat-

kins.

Senator Atkinson of the lst District asked unanimous consent that Senate Bill No. 79 be re-committed to the Committee on General Judiciary No. 1 and consent was granted.

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

By Senator Rawlins of the 45thSenate Bill No. 161. A Bill to amend the Code of
Georgia which prescribes those who shall be subject to road duty;and for other purposes.

Committee on General' Judiciary No. 2.

By Senator Rawlins of the 45thSenate Bill No. 162. A Bill to amend the Code
of Georgia. of 1933 so as to limit the legal rate of interest from three and one-half to one per centum per month;and for other purposes.

Committee on Special Judiciary.

By Senator Beasley of the 2ndSenate Bill No. 163. A Bill to amend an Act in
certain counties providing for the trial of insane persons in sa1d State; and for other purposes.

Committee on Special Judiciary. By Senator Beasley of the 2nd-
Senate Bill No. 164~ A Bill to provide for the

WEDNESDAY, FEBRUARY 13, 1935.

757

payment to the Clerks and Sheriffs of felony costs in cases where the defendant is convicted in certain counties; and for other purposes.
Committee on Special Judiciary. By Senator King of the 11th-
Senate Bill No. 165. A Bill increasing the system of State Aid Roads by the addition of a road from Route No. 39, at Fort Gaines, Ga., to Route No. 1, at Blakely, Ga., and.for other purposes.
Committee on Highways and Public Roads. By Senator Scott of the 7th-
Senate Bill No. 166. A Bill to provide that Municipal Corporations in this State that manufacture, generate and distribute electrical energy and gas, may place such rates and charges under the jurisdiction of the Georgia Public Service Commission; and for other purposes.
Committee on Public Utilities. By Senator Chappell of the 13th-
Senate Bill No. 167. A Bill to be entitled an Act to enlarge and define the powers and duties of the State Auditor; and tor other purposes.
Committee on Special Judiciary. By Senator Cooper of the 22nd-
Senate Bill No. 168. A Bill to provide tor the trial of all cases in court of this State at the first term thereof by consent of the parties thereto; and tar other purposes.
Committee on General Judiciary No. 1. By Senator Cooper ot the 22nd-
Senate Bill No. 169. A Bill to amend an Act to establish the City Court of Macon in and tor Bibb County; to define its jurisdiction and powers and provide tor the appointment of a judge and the

758

JouRNAL or THE SENATE,

other officers; and for other purposes. Comm1ttee on Special Judiciary.
By Senator Vaughn of the 34thSenate Bill No. 170. A Bill to amend the Highway
Mileage Act known as the Neill-Traylor Act;and for other PUrPoses.
Committee on Highways and Public Roads. The following resolutions of the Senate were introduced, read the first time and referred to Committees: By Senator Larsen of the 16thSenate Resolution No. 67. A Resolution to investigate the right of the National Surety Corporation to continue doing business in Georgia; and for other purposes. Committee on Insurance. By Senator Vaughn'of the 34thSenate Resolution No. 68. A Resolution authorizing the State Librarian to furnish to each lawyer member of the present General Assembly of Georgia, the new 1933 Code of Georgia; and for other purposes. Co~ttee on Public Library. By Senator Rawlins of the 45thSenate Resolution No. 69. A Resolution providing for the payment of the premiums on the bonds of the Tax Collector and Sheriff of Telfair Cmmty; and tor other purposes. Committee on Counties and County Matters. The following message was received from the House through Mr. Kingery, the Clerk thereof:

WEDNESDAY, FEBRUARY 13, 1935.

759

Mr. President: The House has passed by the requisite Constitu-
tional majority the following bills and resolutions of the House and Senate to wit-

By Messrs. Grayson of Chatham, Rivers of Lanier, Lanier of Richmond, and others.
House Bill No. 91. A Bill to be entitled an Act to propose to the qualified voters of Georgia, an amendment to the Constitution of the State of Georgia, authorizing the levying of a tax for the payment of old age pensions, and for other purposes.

By Messrs. Almand and Hartsfield of Fulton and

Terrell of Troup.



House Bill No. 116. A Bill to be entitled an Act

to authorize the courts of record in this state to

render a declaratory judgment and to provide the

procedure therefor, and for other purposes.

By Mr. Almand of Fulton. House Bill No. 117. A Bill to be entitled an Act
to define the offense of operating a motor vehicle while under the influence of intoxicating liquors, or drugs; to fix the degrees of said offense and the punishment therefor; and for other purposes

. BY Mr. Twitty of Ware. House Bill No. 182. A Bill to be entitled an Act
to repeal an Act entitled "Tax Collectors as Sheriffs No. 123", approved March 2, 1933, and for other purposes.

By Messrs. Blease and Moye of Brooks. House Bill No. 208. A Bill to be entitled an Act
to amend an Act, by providing for the acceptance of widows of ex-Confederate Veterans as imna.tes in the Confederate Soldiers Home, and for other purposes.

By Mr. Culpepper of Fayette.
House Resolution No. 53-282-a. A Resolution to authorize, empower and direct the Governor and Secretary of State to cause a new Great Seal of the State to be made, and for other purposes.

760

JouRNAL oF THE SENATE,

By Mr. Stephens of Laurens House Bill No. 308 A Bill to be entitled an Act
to provide that the Solicitor of the City Court or DUblin shall be ex-officio County Attorney, and tor other purposes. By l1r. Brisendine of Peach
House Bill No. 497. A Bill to be entitled an Act to provide tor holding tour terms a year or the Superior Court or Peach County I to prescribe the time tor holding same, and tor other purposes. By Messrs, Lanier,Harr1s and Barrett or Richmond.
House Bill No. 533. A Bill to be entitled an Act to amend an Act creating the Municipal Court or the City or Augusta, so as to extend its jurisdiction, and tor other purposes. By Mr Moore of Clayton.
House Bill No. 543. A Bill to be entitled an Act to amend an Act creating the office or County Tax Commissioner or Clayton County, to authorize the employment or ~ clerk. and tor other purposes. By Messrs. Spivey and Woods or Emanuel.
House Bill No. 549. A Bill to be entitled an Act to prohibit goats from running at large in Emanuel County,and tor other purposes.
By Mr . Townsend of Dade. House Bill No. 556. A Bill to be entitled an Act
to abolish the offices or tax collector and tax receiver or Dade County, to create the office or tax commissioner or said county, and tor other purposes.
By Messrs. Lanier,Harris and Barrett or Richmond. House Resolution No. 132. A Resolution urging
the President of the United States to include the Savannah River in his gigantic program of internal development. and tar other purposes. By Messrs. Thompson ot MUscogee, Dyer of Coweta and Ramsey or Fulton.
House Resolution No. 136. A Resolution urging the immediate development or the Chattahoochee River,and tor other purposes.
By Messrs. Wrench or Charlton and Edwards or Lowndes. House Resolution No. 139. A Resolution to commend

WEDNESDAY, FEBRUARY 13, 1935.

761

Hon. Braswell Dean tor his fine work in Congress in aiding in the development of making paper out of the pine forests in Georgia, and for other purposes.

By Messrs. Terrell and Groover of Troup. House Resolution No. 141. A Resolution authoriz-
ing that two be appointed by the Speaker of the House and one by the President of the Senate, they to investigate the wisdom of the State assuming responsibility and burden of supporting all common ar public schools in the State, and for other purposes.

By Senator Skelton of the 30th. Senate Bill No. 124. A Bill to be entitled an
Act to adopt and make ot force the Code ot Georgia known as the Code of Georgia of 1933, as approved by the Code Commission appointed pursuant to a joint resolution approved August 27, 1929 and as provided tor by an Act approved March 24, 1933, and as made effective by proclamation or the Governor as of and upon January 1, 1935, and tor other purposes.

Mr. Goodwin of the 20th District, Chairman of the Commdttee on Privilegesand Elections,submitted the. following rep art:

Mr. President:

Your Committee on Privileges and Elections have

bad under consideration the following Bills of the

Senate and House and have instructed me as Chairman,

to report the same- back to the Sena. te with the

.

following recommendations:

House Bill No. 339, do pass. Senate Bill No. 135, do pass.

Respectfully submitted W.M. Goodwin of 20th District, Chairman.

Mr. Skelton of the 30th District, Chairman of the

762

JouRNAL OF THE SENATE,

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 or the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 19, do pass. Senate Bill No. 152, do pass. Senate Bill No. 155, do pass. House Bill No. 362, do pass. Senate Bill No. 30, do not pass.
Respectfully submitted, J.H. Skelton,sr.,30th District, Chairman.
Mr. King of the 11th District, Chairman of the Conmittee on Education and Public Schools,submitted the following report: Mr. President:
Your Committee on Education and Public Schools have had under consideration the following Bills of the Senate and House, and have instructed me as Chairmanito report the same back to the Senate w1 th the to lowing reconnnendations:
Senate Bill No. 54, do pass, ae amended. Senate Bill No. 129, do pass~as amended. Senate Bill No. 18, do pass. Senate Bill No. 140, do pass. House Bill No. 62, do pass. House Bill No. 225, do pass. House Bill No. 299, do pass. House Bill No. 377, do pass.
~especttully submitted, E.R. King or 11th District, Chairmn.

WEDNESDAY, FEBRUARY 13, 1935.

763
'

Mr. Vaughn of the 34th District,Chairman of the Committee on Special Judiciary,submitted the following report:

Mr. President:

Your Camm1ttee on Special Judiciary have had under consideration the following Bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the follow-. ing recommendations:

Senate Bill No. 111, do pass.

Senate Senate

Bill Bill

No. No.

1144261,

do do

pass. pass.

House Bill No. 482, do not pass.

House Bill No. 399, do pass.

House House

Bill Bill

No. No.

4242771,

do do

pass. pass.

House Bill No. 123, do pass.

House Bill No. 410, do pass.

House House

Bill Bill

No. No.

4218741,

do do

pass. pass.

Respectfully submitted, Vaughn of 34th District, Chairman.

The following resolution of the Senate was read:

By Senator Jones of the 17th DistrictSenete Resolution No. 70. A Resolution to author-
ize the President of the Senate to appoint two delegates to the Second Interstate Assembly of the American Legislators Association; and for other purposes.

Senator Lester of the 18th District moved that the above resolution be committed to the Committee on Appropriations and the motion prevailed.

The following bills of the Senate, favorably reported, were read the second time:
By Senator Evans of the 29thSenate Bill No. 18. A B1ll.amend1ng the Act

764

JouRNAL or THE SENATE,

creating a Text-Book Commission; and for other purposes.

By Senator Beasley of the 2ndSenate Bill No. 111. A Bill to provide for the
allowance of a discount on the sale and transfer in blocks of execution issued for ad valorem taxes; and for other purposes.

By Senator Smith of the 24th; Senator Mill-ican of "the 35th; Senator McGinty of the 43rd; Senator King of the 11th-
Senate Bill No. 129. A Bill to amend the Code of Georgia providing that the State Superintendent of Schools shall be Secretary and Executive Agent of the State Board of Education; and for other purposes.

By Senator Atkinson of the 1stSenate Bill No. 135. A Bill to extend the penal
laws relating to.legal practice in general elections to all primary elections; and for other purposes.

By Senator Chappell of the 13th-

Senate Bill No. 140. A Bill to amend the Code

of Georgia increasing the amount to be distributed,

and prescribe new requirements for schools; and

for other purposes.



By Senator King of the 11thSenate Bill No. 142. A Bill regulating the sale
of fire arms, including machine guns; and for other purposes.

By Senator Thomas of the 33rdSenate Bill No. 146. A Bill to amend an Act
creating the Piedmont Judicial Circuit of Georgia; and for other purposes.

By Senator Skelton of the 30thSenate Bill No. 152. A Bill to amend the Code of
Georgia of 1933 providing for the payment of 50 cents cost to Sheriffs or Constables; and for other

WEDNESDAY, FEBRUARY 13, 1935.

765

-purposes. By Senator Scott of the 7th-
Senate Bill No. 155. A Bill amending the Code of Georgia of 1933 with reference to the filing of bills of exceptions; and for other purposes.
The following bill of the Senate, which had been adversely reported, and upon which the report of the committee was disagreed to, was read the second time and passed to the foot of the calendar as of February 12th: By Senator Evans of the 29th District-
Senate Bill No. 120. A Bill to be entitled an Act to vest in the Tax Collectors and Commissioners o~ the State of Georgia all the pONers of Sheriffs of their respective counties relative to the collection and levy of all tax fi. fas; and for other purposes.
The following bills of the House, favorably reported by Committees, were read the second time: By !1r. cohen of Cbatham-
House Bill No. 19. A Bill to authorize Executors, Administrators to invest trust funds in any bond or other obligation of the United States and to validate investments heretofore made in such securities; and for other purposes. By !1r. Terrell of Hall-
House Bill No. 62. A Bill to amend an Act to establish a system of public schools for Lula School District; and for other purposes. By Mr. Smith of Madison:
House Bill No. 123. A Bill to abolish the City Court of Danlelsville,Madison County, Georgia; and for other purposes. By Messrs. Hartr..~ield,Almand and Ramsey of Fulton-
House Bill No. 225. A Bill to authorize the Board of Education of certain counties to create a

766

JouRNAL oF THE SENATE,

retirement fund for teachers and employees or county school system; and for other purposes. By !'Iessrs Lindsay, Guess and Ansley of Dekalb-
House Bill No. 247. A Bill to provide that no person, firm or corporation shall establish,malntain or operate any public dance hall,swimming pool, or place of public amusement for money or profit outside the limits of certain towns or cities; and for other purposes. By Messrs. Garrett and Camp of Carroll-
House Bill No. 299. A Bill to amend an Act establishing a system of public schools for the city or Carrollton; and for other purposes. By Mr. Garrett of Carroll-
House Bill No. 339. A Bill to provide for the preparation and exhibition of ballot boxes in all primary elections held in any county in this State having a certain population; and for other purposes. By Messrs Hartsfield,Rams.ey and Almand or Fulton-
House Bill No. 362. A Bill to enlarge and more clearly define the duties and powers of County Board of Tax Assessors in counties or a certain population; and for other purposes. By Messrs. Ansley,Lindsey and Guess of DeKalb-
House Bill No. 377. A Bill to protect the students or the public schools and colleges from fire hazards; and for other purposes. By Mr. Williams of Coffee-
House Bill No. 399. A Bill to amend An Act to establish the City Court of Douglas in the City of Douglas, Coffee County, Georgia; and for other purposes. By Messrs. Hartsfield,AlnBnd and Ramsey of Fulton-
House Bill No. 410. A Bill to amend an Act establishing a criminal court of Atlanta,so as to change the name of said court to "Criminal Court of Fulton County;"and for otner purposes~

WEDNESDAY, FEBRUARY 13, 1935.

767

By Mr. McGraw of MeriwetherHause Bill No. 417. A Bill to amend an Act to
provide tor tour terms of Superior Court ot Meriwether County; and tor other purposes.

By Mr. Kelley of ElbertHouse Bill No. 427. A Bill to fix the amount ot
the bond or the Sheriff of Elbert County; and tor other purposes.

Senator Larsen of the 16th District asked unani-

mous consent that Senate Bill No. 148 be re-co~

mitted to the Commdttee on General Judiciary No. 2

and consent was granted.



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

By Senator Larsen of the 16th DistrictSenate Bill No. 147. A Bill to provide a salary
tor the Solicitor General of the Dublin Judicial Circuit; and tar other purposes.

The report of the commdttee,which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 36,
nays o.

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

The following local uncontested bill of the House was read third time and put upon its passage:

By Messrs. Preston and Deal o:r Bulloch- . House Bill No. 284. A Bill to abolish the tee
system now exisiing in the Superior Courts or the Ogeechee Judicial Circuit as applied to the office o:r the Solicitor General,and for other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

768

JouRNAL OF THE SENATE,

On nays

toh. e

passage

of

the

bill

the

ayes

were

34,

The bill having received the requiste Constitutional majority, was passed.

The following resolution of the Senate,having been made a special order of the day, was read third time and put upon its passage:

By Senator Evans of the 29th DistrictSenate Resolution No. 59. A Resolution to desig-
nate State Route 10 and 8 as the Thomas E. Watson
Highway.

The repOl t of the connni ttee,which was favorable to the pa.sr:age of the resolut1on,was agreed to.

On the pt..ssage of the reRolut1on the ayes were 28, nays 1.

The resolution having received the requisite Constitutional majority,was passed.
Senator E~ans of the 29th District asked ur~ni mous consent that Senate Resolution No. 59 be immediately transmitted to the House and consent was granted.
The following bill of the Senate, having been made a spe.~ial order of the day, was read third time and put upon its passage:

By Senator Redwine of the 26th DistrictSenate Bill No. 81. A Bill to permit Building
and Loan Associations to accept the advantages under the Harne Owners Loan Act of 1933 as passed by Congress; and for other purposes.

The report of the comm1ttee,which was favorable to the passage of the b1ll,was agreed to.

o.On the passage of the bill the ayes were 31, nays
The bill having r9ceived the r~qu1s1te Constitu-

WEDNESDAY, FEBRUARY 13, 1935.

769

tional majority, was passed.

The following bills or the House were read the first time and referred to Committees:

By Messrs.Grayson of Chatham,Rivers or Lanier, Lanier of Richmond,Pound or Hancock,Harris of Richmond,McNall of Chatham,Joel or Clark,Barrett of Richmond,Freeman or Early,Zellner of Monroe,Cohen of Chatham,Burgin or Marion,and others.
House Bill No. 91. A Bill to propose to the qualified voters or Georgia, an amendment to the Constitution or the State or Georgia,authorizing the levying or a tax ror the payment or old age pensions;and tor other purposes.

Committee on Amendments to the Constitution.

By Messrs. Almand and Hartsfield of Fulton, Terrell or Troup-
House Bill No. 116. A Bill to authorize the Court of Record in this State to render a Declaratory Judgment and to provide the procedure therefor; and for other purposes.

Committee on General Judiciary No. 1.

By Mr. Almand of FultonHouse Bill No. 117. A Bill to define the orrense
or operating a motor vehicle while under the in-fluence or intoxicating liquors or drugs;and ror other purposes.

Committee on General_Judiciary No.2.

By Mr. Twitty of Ware-

.

House Bill No. 182. A Bill to repeal an Act en-

titled "Tax Collectors and Sheriffs :No. 123" aP-

proved March 2, 1933; and tor other purposes.

Committee on Special Judiciary.

By Messrs. Blease and Moye or BrooksHouse Bill No. 208. A Bill to amend an Act by

770

JouRNAL oF THE SENATE,

providing for the acceptance of widows of ex-Confederate Veterans as inmates in the Confederate Home; and for other purposes.

Committee on Pensions.

By I1r. Stephens of LaurensHouse Bill No. 308. A Bill to provide that the
Solicitor of the City Court of Dublin shall be exofficio County Attorney; and for other purposes.

Committee on Special Judiciary.

By Mr. Brisendine of Peach-

.

Ho1JBe Bill No. 497. A Bill to provide for hold-

ing four terms a year of the Superior Court of

Peach County; and for other purposes.

'

Committee on Special Judiciary.

By Messrs. Lanier,Harris and Barrett of RichmondHouse Bill No. 533. A Bill to amend an Act
creating the Municipal Court of the City of August~ and for other purposes.

Committee on Municipal Government.

By I1r. Moore of ClaytonHouse Bill No. 543. A Bill to amend an Act cre-
ating the office of County Tax Commissioner of Clayton County; and for other purposes.

Committee on Counties and County Matters.

By Mr. Spivey and Mr. Woods of EmanuelHouse Bill No. 549. A Bill to prohibit goats
from running at large in Emanuel County;and for other purposes.

Committee on State of Republic.

By Mr. Townsend of DadeHouse Bill No. 556. A Bill to abolish the office
of Tax Collector and Tax Receiver of Dade County;

WEDNESDAY, FEBRUARY 13, 1935.

771

and for other purposes. Committee on Counties and County Matters. The following resolutions of the House were read
the first time ffi1d referred to Committees: By Mr. Culpepper of Fayette-
House Resolution No. 53. A Resolution authorizing,empowering and directing the Governor and Secretary of State to cause a new Great Seal of the State to be made; and for other purposes.
Committee on Special Judiciary. By Messrs. Lanier,Harr1s and Barrett of Richmond-
House Resolution No. 132. A Resolution urging the President of the United States to include the Savannah River in his gigantic program of internal development; and for other purposes.
Committee on State of Republic. By Messrs. Thompson of MUscogee,Dyer of Coweta and Ramsey of Fulton-
House Resolution No. 136. A Resolution urging the immediate development of the Chattahoochee River; and for other purposes.
Committee on State of Republic. The following Resolutions of the House were read the first time and ordered to lie on Table one day. By Messrs. Wrench of Charlton,Edwards of _LowndesHouse Resolution No. 139. A Resolution to commend Hon. Braswell Dean for his fine work in Congress in aiding in the development of making paper out of the pine forests in Georgia; and for other purposes. By Messrs. Terrell and Groover of TroupHouse Resolution No. 141. A Resolution authorizing that two be appointed by the Speaker of the

772

JouRNAL OF THE SENATE,

House and one by the President of the Senate,they to investigate the wisdom of the State assuming responsibility and burden of proportingall common, or public schools funds in the State; and for other purposes.

Senator Rawlins of the 45th District asked unanimous consent that Senate Bill No. 59 be re-committed to the Committee on General Judiciary No. 2. and consent was granted.

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

By Senator Dtmcan of the 23rd District and Senator Carswell of the 21st District-
Senate Bill No. 71. A Bill to increase the mileage of State Aid Road System on State Route 11; and for other purposes.

The report of the committee,Which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

30,

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

By unanimous consent the bili was ordered immediately transmitted to the House.

The following bill of the'Senate was read third time:

By Senator Strickland or the 3rd District and Senator Scott of the 7th District-
semte Bill No. 73. A Bill to establish and operate State Farmers' Market; and for other purposes.

Senator Jones of the 17th District moved the previous question and the motion prevailed.

WEDNESDAY, FEBRUARY 13, 1935.

773

Senator Millican or the 35th District moved that rurther consideration or the bill be indefinitely postponed,on Which motion a call for the ayes and nays was sustained.

After the call or the roll had started,Senator

Millican or the 35th District arose in his place

and made the point or order that the bill,involving

an appropriation,was out or order in that all

appropriation measures must originate in the House

or Representatives.



The Chair (Senator McGehee or the 25th District, in the chair) sustained the point or order,holding that the bill does involve an appropriation and therefore was out or order in the Senate.

The President resumed the Chair, and ruled that, in view or the immediately preceeding ruling, a motion by Senator Skelton or the 30th District, that the bill be re-cammitted,was out or order since the bill could not be further considered by the Senate under its present status.

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

By Senator Millican of the 35th DistrictSenate Bill No. 77. A Bill to repeal an Act
approved October 17, 1923, pertaining to theretiring or bonds; and for other purposes.

The report of the committee,which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

26,

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

The following privileged resolutions were read and adopted:

774

JouRNAL oF THE SENATE,

By Senator Rawlins of the 45th DistrictA Resolution extending the privileges of the
floor to Mrs. Guy o. Stone,wife of the Messenger of
the Senate. By Senator Smith of the 24th District-
A Resolution extending the privileges of the floor to Hon. J. Hollmon Bell,a prominent attorney of Richland,Georgia. B~r Senator Evans of the 29th District-
A Resolution extending the privileges of the floor to Hon. Edward Wall, a distinguished citizen of Thompson, Georgia.
Senator McWhorter of the 19th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until tomorrow morning at 10 otclock.

THURSDAY, FEBRUARY 11, 1935.

775

Senate Chamber,Atlanta,Georgia. Thursday,February 14,1935.
The Senate met,pursuant to adjournment,at 10 otclock A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Hart of the 36th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that he had examined the Journal of yesterdayrs proceedings and found it correct. Senator Pope of the 15th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted. The Journal was confirmed. Senator Vaughn of the 34th District asked unanimous consent that House Bill No. 482,providing for election or appointment of County School Superintendent in certain counties,be re-committed to the Committee on Special Judiciary and consent was granted. Senator Scott of the 7th District asked unanimous consent that the following be established as the order of business today during the first part of the period of unanimous consents: 1. Introduction of new matter,under the rules. 2. Reports of standing committes. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of uncontested local Senate and House bills and resolutions. 5. First reading and reference of House Bills. 6. Putting on their passage general Senate and

776

JouRNAL or THE SENATE,

House bills and resolutions ready f'or third reading.
Senator Ca1mon of' the 40th District asked unanimous consent that Senate Bill No. l30,providing tor the distribution of' estates, be recommitted to the Committee on General Judiciary No. 1 and consent was granted.
The following Bills of' the Senate were introduced, read the first time and referred to corr.mdttees: By Senator Scott of' the 7th District-
Senate Bill No. 171. A Bill to amend an Act adding to the Traylor-Neill Act a road beginning at a point in the City of' Thomasville,Thomas County, Georgia where the A.C.L. Railroad crosses; and f'or other purposes.
Committee on Highways and Public Roads. By Senator Smith of the 24th District-
Senate Bill No. 172. A Bill to amend the Code of' 1933 by changing the amount of' bond 'required to be deposited with the State Treasury by fire, marine, and inland Insurance Companies; and f'or other purposes.
Committee on Insurance. By Senator Skelton of' the 30th District-
Senate Bill No. 173. A Bill to provide tor the redemption of' real estate sold at tax sales by municipal authorities; and f'or other purposes.
Committee on General Judiciary No. 1. By Senator Skelton of' the 30th District-
Senate Bill No. 174. A Bill to amend the Code of Georgia of 1933 relating to county property and the sale of same by authorizing the ordinary to execute deeds thereto; and tor other purposes.
Committee on General Judiciary No. 1.

THURSDAY, FEBRUARY 14, 1935.

777

By Senator Skelton of the 30th DistrictSenate Bill No. 175. A Bill to amend the Code
of Georgia of 1933 relating to the redemption of real estate at tax sales and purchased by county authorities by providing tor such redemption within two years; and for other purposes.
Committee on General Judiciary No. 1. By Senator Wright of the 38th District-
Senate Bill No. 176. A Bill amending the Code of 1933 providing that drivers of motor vehicles on publi~ streets or highways,while under the influence of intoxicating liquors,shall be prohibited from operating such vehicles for a period of twelve months from date of conviction; and for other purposes.
Committee on General Judiciary No. 2. By Senator Larsen of the 16th District-
Senate Bill No. 177. A Bill providing that an election for the office of Lieutenant-Governor shall be firEt held at the next general election after the approval of this Act; and for other purposes.
Committee on Privileges and Elections. By Senator Crawford of the 42nd District-
Senate Bill No. 178. A Bill to abolish the Board of Cormnissioners of Roads and Revenues of Chattooga County,Georgia; and for other purposes.
Camm1ttee on Counties and County Matters. The following resolution of the Senate was introduced,read first time and ordered to lie on table for one day: By Senator Larsen of the 16th DistrictSenate Resolution No. 71. A Resolution to investigate the right of the National Surety Corporation to continue doing business in Georgia; and for

778

JouRNAL OF THE SENATE,

other purposes. Mr. Crawford of the 42nd 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 followlng recommendations:
Senate Bill No. 17, do pass. Senate Bill No. 23, do not pass.
Respectfully submitted, J.Sante Crawford of 42nd District, Chairman.
Mr. Simmons of the 8th District,Chairman of the Committee on Finance,submitted the following report: Mr. President:
Your Committee on Finance have had under consideration the following Bills of the Senate and have instructed me as Chainnan to report the same back to the Senate with the foilowing recommendations:
Senate Bill No. 97, do not pass. Senate Bill No. 118, do not pass.
Respectfully submitted, Simmons of 8th District, Chairman.
Mr. Carrington of .the 27th District,Chairman ot the Committee on Public Utilities,submitted the following report:

THURSDAY, FEBRUARY 11, 1935.

779

Mr. President: Your Committee on Public Utilities 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 following recommendations: Senate Bill No. 90,and substitute,do not pass. Senate Bill No. 151, do pass.

Respectfully submitted. Carrington of 27th District, Chairman.

Mr. Darden of the 51st District,Chairman of the Committee on State of Republic,submitted the following report:

Mr. President-

Your Cammittee on State of Republic have had

under consideration the following Bill of the Sen-

ate and have instructed me as Chairman,to report

the same back to the Senate with the following

recommendation:

-

Senate Bill No. 157, do pass.

ResAplelcetnfuwll.yDsaurbdmeni,totef d5. 1st District
Chairman.

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

By Senator Evans of the 29th DistrictSenate Bill No. 17. A Bill prohibiting the use of
steel traps; and for other purposes.

By Senator Goodwin of the 20th District~ .senate Bill No, 151. A Bill to provide for the
creation or a Public Utilities Department for the City of Sandersville,Washington County,Ga.;and for other purposes.

By Senator Edenfield of the 4th DistrictSenate Bill No. 157. A Bill to create and provide

780

JouRNAL oF THE SENATE,

for a State Racing Commission; and for other purposes.

The following local uncontested bills of the House were read third time and put upon their passage:

By Mr. Terrell of HallHouse Bill No. 62. A Bill to be entitled an Act
to amend an Act to establish a system of public schools for Lula School District,and for other purposes.

The report 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. Smith of MadisonHouse Bill No. 123. A Bill to be entitled an
Act to abolish the City Court of Danielsville, Madison County,Georgia, and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

th.e

ayes

were

38,

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

By Messrs. Hartsfield,Almand and Ramsey of FultonHouse Bill No. 225. A Bill to be entitled an
Act to authorize the Board of Education of any county having more than 200,000 population,to create a retirement fund for teachers and employees of county school system, and for other purposes.

The report of the committee,which was favorable

1'HURSDAY, FEBRUARY 14, 1935.

781

to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 36,
nays o.

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

By Messrs. Garrett and Camp of CarrollHouse Bill No. 299. A Bill to be entitled an Act
to amend an Act establishing a system of public schools tor the city of Carrollton,and tor other purposes.

The report of the cammittee,which was favorableto the passage of the bill,was agreed to.

On the passage ot the bill the ayes were 34,
nays o.

The bill having received the requisite Cons~itu tional majority, was passed.

By Mr. Williams of CoffeeHouse Bill No. 399. A Bill to be entitled an
Act to amend an Act approved August 19, 1919, entitled "An Act to establish the City Court ot Douglas, in the City ot Douglas,Cottee County,Georgia," and tor other purposes.

The report ot the camm1ttee,wh1ch was favorable to the passage of the bill, was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

36,

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

By Messrs.Hartstield,Almand and Ramsey ot FultonHouse Bill No. 410. A Bill to be entitled an Act
to amend an Act establiShing the Criminal Court ot Atlanta,so as to change the name of said Court to "Criminal Court of Fulton County11 ,and for other pur-

782


JoURNAL OF THE SENATE,

poses.

The report of the committee,which was favorable to the passage of the bill, was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

35,

The bill having received tne requisite Constitutional majority, was passed.

By Mr. McGraw of MeriwetherHouse Bill No. 417. A Bill to be entitled an
Act to amend an Act to provide for holding four terms in each year of the Superior Court of Meriwether County, and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

38,

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

By Mr. Kelly of ElbertHouse Bill No. 427. A Bill to be entitled an Act
to fix the amount of the bond of the Sheriff of Elbert County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

36,

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

The following bills of the Senate were read third time and put upon their passage: By Senator Evans of the 29th District-
Senate Bill No. 18. A Bill amending the Act ere-

THURSDAY, FEBRUARY 14, 1935.

783

ating a Text Book Commission; and for other purposes.

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

On nays

toh. e

passage

of

the

bill

the

ayes

were

29,

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

By Senator Dennis of the 28th DistrictSenate Bill No. 54. A Bill to regulate the trans-
portation of school children and require County Boards of Education to construct bus depots; and for other purposes.

The committee offered several amendments.

The Committee amendments were lost.

The report of the committee,which was favorable to the passage of the bill as amended, was disagreed to.

The bill was therefore lost.

Tlle following resolution of the House was read and put upon passage:

By Mr. Watson of PauldingHouse Resolution No. 106. A Resolution to author-
ize the Speaker and President to appoint a Committee to study the relief measures,and for other purposes.

Senator Lester of the 18th District offered the following substitute:

A RESOLtJI'ION WHEREAS, Congress is considering certain relief measures for the putpose of relieving the distressed condition of our people in the present emergency
AND
WHEREAS, there are certain bills pending in Con-

784

JouRNAL OF THE SENATE,

gress designed to relieve unemployment and provide

for other needs of our people, AND

WHEREAS such measures will affect this State,

BE IT RESOLVED by the Senate,the House concur-

ring,that a Committee of five(5) be appointed

to go to Washington and secure information in re-

gard to bills pending in Congress as well as the

operation of organizations furnishing relief to

the people o:r this State, two(2) members o:r such

Committee to be appointed by the President o:r the

Senate from the members of such Senate,and three

(3) members to be appointed by the Speaker o:r the

House t-ram the members of the House. The Canmit-

tee shall not draw any compensation,but the actual

expenses of the members of such Committee in per-

formance of their duties in pursuance with this

resolution shall be paid.

BE IT FURTHER.RESOLVED empowered to investigate

1

t

Th he

at sa need

i

d Comnittee i o:r relief in

s

this State and of organizations,persons,corpora-

tions or individuals providing such relief at this

timeJ and to submit a report to the General Assem-

bly as soon as practical of its finding. The Com-

mittee is empowered to subpoena witnesses and cam-

pell such witnesses to testify under oath,and to

do all things necessary in carrying out the intent

and purpose of this resolution.

Senator Rawlins of the 45th District moved the previous question on the resolution and the substi tute thereto, and the motion prevailed.

The main question was ordered.

The substitute by Senator Lester of the 18th District was adopted.

On the adoption of the resolution,by substitute, the ayes were 32, nays 2.
The resolution was therefore ~dopted by substitute.
The President appointed as a committee on the part o:r the Senate under the above resolution the

THURSDAY, FEBRUARY 14, 1935.

785

following: Senator Scott of the 7th District, and Senator Lester of the 18th District.
The following message was received from the House through Mr. Kingezy, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bills of the House to wit: By Mr. Williams of Bacon:
House Bill No. 69. A Bill to be entitled an Act to permit the residents of all counties in this State having a population of not less than 7025 and not more than 7075 to take fish from the waters of such counties at any time by hook and line only,and for other purposes. By Messrs. Willingham,Griffin and Anderson,of Floyd:
House Bill No. 85. A Bill to be entitled an Act to amend section 27-704, Chapter 27-2("Cr1minal Procedure") of the Code of Georgia of 1933; to provide that the Judges or the Superior Court may open their courts at any time without the presence of either grand jury or traverse jury to receive and act upon pleas of guilty in misdemeanor cases and in felony cases, less than capital,try the issue such cases without a jury, and for other purposes. By Mr. Hampton of Fannin:
House Bill No. 520. A Bill to be entitled an Act to amend,consolidate and supersede the several Acts incorporating the City of Blue Ridge,Fannin County, Georgia, and for other purposes. By Mr. Hooks, of Glascock:
House Bill No. 541. A Bill to be anti tled an Act to abolish the office of County Treasurer for the County of Glascock; to provide that the duties of the County Treasurer shall be performed by the Ordinary of said County; and for other purposes.

786

JouRNAL OF THE SENATE,

By Mr. Hooks of Glascock: House Bill No. 542. A Bill to be entitled an,Aet
to amend an Act approved August 19, 1922,providing for a Board of Commissioners of Roads and Revenues in and for the County of Glascock,and for other purposes.

By Mr. Hooks of. Glascock-

.

House Bill No. 554. A Bill to be entitled An Act

to consolidate the offices of Tax Receiver and Tax

Collector of Glascock County,to create the office

of Tax Commissioner of Glascock County, and for

other purposes.



The following resolution of the Senate was read third time &~d put upon its passage:

By Senator Skelton of the 30th DistrictSenate Resolution No. 24. A Resolution request-
ing the Georgia Delegation in the National Congress to support a certain Congressional Resolution relative to freight rates.

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

On nays

oth.e

passage

of

the

reso~ution

the

ayes

were

28,

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

A message was received from the Governor through the Executive Secretary,Honorable Carlton Mobley.

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

By Senator Milhollin or the 46th District and Senator Johnston or the 39th District-

Senate Resolution No. 26. A Resolution requesting Congress to compensate operators or cotton ginneries for the collection of taxes under the

THURSDAY, FEBRUARY 11, 1935.

787

Bankhead Bill, ror which no provision was made in the Bankhead Bill. The report or the committee,which was favorable to the passage or the resolution,was agreed to.
On the passage or the resolution the ayes were
31, nays o.
The resolution having received the requisite Constitutional majority, was passed.
The following bill or the Senate was read third time and put upon its passage: By Senator Vaughn of the 34th District-
Senate Bill No. 82. A Bill to define the practice or Physiotherapy and to regulate the practice thereof; and ror other purposes.
The report or the committee,which was favorable to the passage of the bill,was agreed to.
o.On the passage of the bill the ayes were 2.7, nays
The bill having received the requisite Constitutional majority,was passed.
Senator Vaughn or the 34th District asked unanimous consent that Senate Bill No. 82 be immediately transmitted to the House and consent was granted.
The following resolution or the Senate was read and referred to the Committee on Rules: By Senator Skelton or the 30th District-
Senate Resolution No. 72. A Resolution establishing the Governorrs Message then in possession of the Secretary or the Senate as an immediate special order of business.
Senator Scott or the 7th District asked unanimous consent that the Senate take a five minutes recess

788

JouRNAL OF THE SENATE,

in order that the Rules Committee might meet and consent was granted.

The President called the Senate to order.

Mr. Scott of the 7th District,Vice-Chairman of the Committee on Rules,subm1tted the following report:

Mr. President:

Your Committee an Rules have had under consideration the following Resolution of the Senate, and have instructed me as Vice-chairman,to report the same back to the Senate with the following recommendations:

Senate Resolution No. 72, do pass.

RespectfUlly submitted, w.F.Scott of 7th District, Vice-chairman.

Senate Resolution No. 72,which was favorably reported by the Rules Cammittee,was read and adopted.

The following message from His Excellency,Gover-

nor Eugene Talmadge,was read:



TO THE GENERAL ASSEMBLY OF GEORGIA~ Feb. 14, 1935.
I am returning herewith certain acts to your body, which have been vetoed for the following reasons:
HOUSE BILL NO. 255. An Act to prohibit the assessment or collectt1on or road tax in Baker County,and !or other purposes. I called on the Law Department o! the State to give me a ruling as to the constit~tionality of this Act,and am attaching copy of the AttorneyGeneral's ruling,which holds that this btll is unconstitutional.

THURSDAY, FEBRUARY 11, 1935.

789

HOUSE BILL NO. 224. An Act to provide that no person,firm or corporation shall operate any dance hall,museum, etc.,in any county of a certain population without first obtaining the per.m1ssion.0f the county authorities,~~d for other purposes. The law Department has ruled this bill to be unconstitutional. Attached hereto is copy of the ruling of the Attorney-General.

HOUSE BILL NO. 152.

An Act to amend an Act changing certain offi-

cers from the fee to the salary system in coun-

ties of over 200,000 population,and for other

purposes.

'

The title of this Act is misleading. The provi-

osiooon.osooaf dtdhietiobnialll

provide that the State pay $10,on the expense of collecting

taxes in Fulton County. At present,the State pays

more than her pro rata part of the expenses of the

collecting agencies than the taxes received. I

have had the Law Department to examine this bill,

and am attaching copy of letter from the Attorney-

General, thoroughly explaining the effect of this

bill.

HOUSE BILL NO. 112.

An Act to authorize the tax collecting officials

of Bryan County to collect delinquent taxes by

levy and sale, and for other purposes.

The Law Department has ruled this Act unconstitu-

tional. I am forwarding copy of the ruling of the

Attorney-General.

HOUSE BILL NO. 151.

An Act to provide for the payment of the fees

of Justices of the Peace out of county funds

in certain counties,and for other purposes.

This bill really refers to Fulton County. It

provides that all criminal costs should be paid to

the Justice of Peace and Constable out of the

county treasury. The present general State law

provides that these fees be paid out of fines and

forfeitures,or insolvent funds.

790

JouRNAL OF THE SENATE,

MY reason tor vetoing this bill is that it would

be a source tor indiscriminate prosecution to as-

sess bills against the county treasury or Fulton

County,which would have to be paid tram tax levies.

It is also contrary to the general state law. A

copy or the ruling by the Attorney-General is

attached hereto.

HOUSE BILL NO. 226.

An Act to authorize Boards or Education in all

counties or the State having a population in

excess or 200,000, to borrow money tor the

operation or schools,and tor other purposes.

This Act applies only to Fulton County. I have

consulted the Law Department in reference to this

Act, and am forwarding copy or their ruling to you,

which speaks tor itself.



I cannot see the reason tor giving counties the authority to anticipate the revenue before tax assessments are made, or before the tax levy is made. TR.is is a pONer and authority which would enable them to force tax assessors and county commissioners to make large assessments and levies to meet what money they have already borrowed. This would only mean one thing: Increased taxes on the people.

I am attaching hereto copies or the rulings by the law Department on each or the bills which I have vetoed,and making them a part or ~his message to the General Assembly.

Respectfully, E..:JGENE TALMADGE.
Governor .

February 131 1935

Hon. Eugene T~madge, Governor State Capitol Atlanta, Georgia

Dear GovernoF Talmadge: Referring to House Bill No. 255, I beg to advise

THURSDAY, FEBRUARY 14, 1935.

791

as follows: This bill repeals all existing road laws insofar
as they apply to Baker County and makes it unlawful tor the County Commissioners or other County authorities to attempt to collect road tax !rom any resident or citizen o:r Baker County and makes any such official who so attempts to collect road tax by arrest or incarceration guilty o:r false arrest and talse imprisonment,and liable upon his bond therefor.
The Constitution or Georgia,by Article 1, Section IV, Paragraph !,provides as follows:
"Laws or a general nature shall have uniform operation throughout the State,and no special law shall be enacted in any case for which provision has been made by an existing general law." In the case or
Board of Commissioners of Sumter Co. v. Mayor and Council of Americus, 141 Ga.
542,
a special Act regarding road work in Sumter County was declared unconstititional,as violative or the quoted provision of the Constitution. The Court based its decision upon the ground that the Alternat!ve Road Law was in force in Sumter County.
The general law or this State provides for working the public roads and the Alternative Road Law provides for the collection or a commutation road tax. The Alternative Road Law does not become effective in any County exeept upon recommendation of the Grand Jury,as therefor provided. It is, however,a general law,as was expressly declared in the case just referred to,and can only be made effective or ineffective in any County by resort to the procedure provided by the Law itself.
The proposed Baker County bill contains a prov1-

792

JouRNAL OF THE SENATE,

sion that it is not in conflict with Section 356 or the Code o! Georgia o! 1910. That Section has no reference to the Road Law but refers to procedure in the General Assembly. I presume it was the intention o! the Act to declare that the proposed bill is not in conflict with existing general laws on the subject dealt with.
However this may be, the bill is plainly a special law, relating to a subject upon which there is already a general law. For that reason, it is violative or the quoted provision o! the Constitution.
Yours very truly,
M. J. YEOMANS
Attorney-General February 13, 1935
Hon. Eugene Talmadge ,Governor State Capital Atlanta, Georgia Dear Governor Talmadge-
Rererring to House Bill No. 224, which you referred to this Department, I beg to advise as follows:
This bill proposes that in counties having a population or 200,000 or more no person shall establish,maintain,or operate any public dance hall, boxing or wrestling arena,or amusement park tor profit outside the limits or incorporated towns or cities without first obtaining the permission or the Commissioners or Roads and Revenues or other authority in charge or such counties. It provides that any person operating such an establishment without such permission shall be guilty of a misdemeanor and such establishment shall be subject to be abated as a nuisance.
The bill does not propose to place any restrictions around the county commissioners in the exercise or the power conferred or any regulations ror

THURSDAY, FEBRUARY 11, 1935.

793

the government or operation of such establishments, but leaves the matter entirely within the unlimited discretion of the commissioners of the particular county.
The legislature could undoubtedly regulate the operation of dance halls and similar establishments, and in so doing could undoubtedly require permits from a regulatory body established for that purpose. Under the ruling by the Supreme Court in Abbott v. Commissioners of Fulton County,l60 Ga. 657, the legislature might constitutionally enact such a regulatory law which would have application only to Fulton County.
In my opinHm,hcwever, the regulation of such an a:tivity must be by legislative enactment and the duty conferred upon the body created to enforce the regulations must be administrative or ministerial.
The proposed bill makes no provision for a hearing except as such hearing may be provided for by regulation of the county commissioners and vests in the commissioners the arbitrary power to grant or refuse permit without affording to the applicant a reasonable opportunity to be heard. It further makes the operation of any such establishment without a permit a crime.
I am of the opinion that the proposed bill is in violation of Article I, Section I, Paragraph III of the Constitution ot this State,which provides that
"No person shall be deprived ot life, liberty or property except by due process ot law." It was held by the Supreme Court of this case in
Riley & co. v. Wright,l51 Ga. 609,that an Act or
the General Assembly which authorized the Insurance Commissioner to revoke the license or a soliciting agent in his discretion was unconstitutional as

794

JouRNAL OF THE SENATE,

violative of the quoted provisio~ of the Constitution and of the similar provision of the Constitution of the United States. I can see no rational dlstinction between an Act which authorizes the arbitrary revocation of a license and one which authorizes an arbitrary withholding of license.
I am therefore of the opinion that the proposed act is invalid.
Yours very truly, M.J. Yeomans, Attorney-General February 13, 1935
Hon. Eugene Talmadge,Governor Statecapitol Atlanta, Georgia Dear Governor:
Referring to House Bill No. 152 which you referred to my office, I beg to advise as follows:
This bill proposes to amend an Act approved August 27, 1925, relating to compensation of the tax receiver and tax collector of Fulton County. These officers are compensated by salaries which are paid by the County. The County also pays the expenses of operating their departments.
Under the present law all of the cammissions of the tax collector and tax receiver for receiving and collecting State and county ad valorem taxes are paid into the county treasury. All of the commissions allowed for the collection df special and occupation taxes are paid into the State Treasury. The proposed bill changes the law and provides that all the camm1ss1ons for collecting special taxes, including corporation taxes and occupation taxes,shall also be paid into the county treasury instead of the State Treasury.

THURSDAY, FEBllUAllY 14, 1935.

795

I am advised by the Comptroller General that in 1934 the cost to the State or operation or the offices or the tax receiver and tax collector or Fulton County was $26,984.00, which represented the commission on State ad valorem taxes paid into the county treasury. From Fulton County the State received $959,361.94 in ad valorem taxes and $108,765.00 in special taxes, making a total or $1,068,126.94. The total amount or the county taxes for the same period was $3,481,442.07. The total cost or the administration or the offices or the tax collector and tax receiver was $74,831.25. or the total amount or taxes received and collected by these officers 23% was State tax and 77% was county tax. Of the costs or the o~eration or the departments the State paid 36% and the county 64%. It will. thus be seen that the State is already paying
a much larger proportion ot the cost or operating
these offices than its proportion or the amount or taxes collected.
If the proposed bill is approved it will add approximately $10,000 to the fund the State contributes to the operation or these departments and will maKe the State pay,roughly speaking,50% or the cost of operating these offices instead or 36% as it now pays. The proposed bill will thus cost the State or Georgia approximately $10,000 per year.
Under the ruling by the Supreme Court in Abbott v. Commissioners of Fulton County,l60 Ga. 657,the proposed bill is not unconstitutional. However,it does have the errect above stated and will cost the State or Georgia some $10,000 per year.
Yours sincerely,
M.J. Yeomans Attorney General.

796.

JouRNAL OF THE SENATE,

February 13, 1935.

Hon. Eugene Talmadge, Governor, State Capitol Atlanta,Georgia

Dear Governor Talmadge:

Referring to House Bill No. 112, I beg to advise as follows:

This bill authorizes the tax collecting officials of Bryan County to enforce the collection of fi. fas. for taxes due the State,County and School Districts by levy and sale in the same manner as now provided by law for sheriffs' sales.

The Constitution of this State,b~ Article !,Sec-

tion IV,Paragraph !,provides that, Laws of a gener-

al nature shall have uniform operation throughout

the State,and no special law shall be enacted in

any case for which ~rov1s1on has been made by an ex-

isting general law.'



The general law of this State provides for the enforce.ment of tax executions by levies and sales by the sheriffs and legal constables. The proposed bill provides a different method or enforcement in Bryan County. It seems clear, therefore, that the proposed bill is a special law in a case where provision has been made by an existing general law,and is in violation or the quoted provisions or the Constitution.

See in this connection:

Stewart v. Anderson, 140 Ga. 31; Wilkinson Co. v. Twiggs Co., 150 Ga., 583; . Reynolds v. Hall, 154 Ga., 623; Mayor & Council of Danville v. Wilkinson Co., 166 Ga., 460; Medders v. Stewart, 172 Ga. 507.
Yours very truly, M.J. Yeomans, Attorney-General

THURSDAY, FEBRUARY 14, 1935.

797

February 13, 1935. Hon. Eugene Talmadge,Governor State Capitol Atlanta, Georgia: Dear Governor:
with reference to House Bill No. 151 Which you referred to this Department,! beg to advise as follows:
This bill proposes- that in counties having a population of 200,000 or over to pay the costs of Justices of the Peace and constables in criminal cases .fram the county treasury. The bill applies only to Fulton County.
Under the present law the costs or the Justices of the Peace and Constables in criminal cases is taxed as a part of the costs of the particular case and is paid !ram the fine collected from the defendant on his final trial,if any, or from the insolvent costs fund arising tram fines and forfeitures in the trial courts. This is the general rule in force in other counties of the State. -
Under the ruling by the Supreme Court in Abbott v. Commissioners of Fulton County,l60 Ga. 657,th1s bill is not unconstitutional. The effect of it would undoubtedly be to encourage the institution of criminal processes before Justices or the Peace, since payment of all costs is assured and the Justices would not, as is now the practice,require payment in advance for a warrant by the prosecutor.
Yourssincerely, M.J. Yeomans Attorney-General

798

JouRNAL OF THE SENATE,

February 13, 1935. Hon. Eugene Talmadge,Governor State Capitol Atlanta,Georgia Dear Governor Talmadge:
With reference to House Bill No. 226, I beg to advise as follows:
This bill authorizes the boards of education of counties having a population in excess of 200,000 to borrow sufficient tunds to pay tor the operation ot their public schools not exceeding in the aggregate the sum to which the county board may be en- titled from the State appropriation and tram taxes levied tor educational purposes during the year in which such loan is made.
The Act applies only to Fu1ton County. Under numerous decisions of the Supreme Court,however,it is not unconstitutional tor that reason.
Section 32-921 of the Code of Georgia of 1933,now authorizes the board or education to borrow money ror the operation of the schools in a sum not exceeding that to which the county may be entitled rrom the public school rund. While the term"public school fund" has never been definitely defined by the Supreme Court,it seems clear that it means the amount of the State appropriation to which the county may be entitled. Thus the proposed bill enlarges the borrowing power of Fulton County by permitting it to anticipate and borrow to the extent of not only its part or the State appropr1ation,but all taxes levied in the county for educational purposes.
Under the present provisions of the law,counties may anticipate only the state appropriation,the payment of which is reasonably assured and which is definite and ascertainable in amount. Under the proposed law,Fulton County may anticipate revenue

THURSDAY, FEBRUARY 11, 1935.

799

which is not definite and ascertainable in amount, since the borrowing power may be exercised both before the fixing or valuations for taxation and before levy or the rate or taxation by the proper authority. I have grave doubt as to the constitutionality or the proposed bill under the provisions limiting the indebtedness which may be incurred by count1es,munic1palities and other political subdivisions. It is possible that the courts would hold that the limitation as to the amount might prevent it from heing a debt within the meaning of the Constitution. However, it is plain that the proposed bill contravenes the spirit of Article VII,Section VII,Paragraph I or the Constitution if it is not in fact vi olat i ve or its letter. Certainly the proposed bill greatly enlarges the borrowing power or the County Board of Education of Fulton County and the result would probably be a constantly increasing public debt.

Yours very truly,

M.J. Yeomans Attorney-General

The President directed that Rule 157 be read.

Senator Millican of the 35th District moved that the Senate take a five minute recess in order to per.mit him to draw a resolution and the motion prevailed.

The Senate was called to order by the President.

The following resolution or the Senate was read and referred to the Committee on Rules:

By Senator Millican of the 35th District-

Senate Resolution No. 73. A Resolution establish-

ing for Tuesday,February 19 at 10:30 otclock A.M.

as a special order of business the consideration or

the Governorts veto on House Bills No. 15l,No.l52

No. 224,No.226.

'

Senator Scott or the 7th District asked unanimous

800

JouRNAL oF THE SENATE,

consent that the Senate take a five minute recess in order that the Rules Committee might meet,and consent was granted.

The President called the Senate to order.

Mr. Scott of the 7th D1str1ct,Vice-Cha1rman of the Committee on Rules,submitted the following report:

Mr. President:

Your Committee on Rules have had under consider-

ation the following Resolution or the Senate and

have instructed me as Vice-Ghairman, to report the

same back to the Senate with the following recom-

mendations:



Senate Resolution No. 73, do pass

Respectfully submitted, W.F. Scott ot 7th District, Vice-Ghainnan.

Senate Resolution No. 73, which was favorably reported by the Rules Committee,was read and adopted.

No protest was made to the Governorts veto ot House Bill No. 255 and House Bill No. 112.

The following resolution or the Senate was read and adopted:

By Senator Atkinson ot the lst District,Senator Crawford or the 42nd District and Senator Edenfield ot the 4th District-
Senate Resolution No. 74. A Resolution granting the members or the committees or the Senate on Conservation and on Game and Fish a leave or absence on February 21, 22, and 23 for the purpose ot visiting those parts or the State that the Committee Chairmen mignt select tor that purpose.

THURSDAY, FEBRUARY 14, 1935.

801

The tollowing bills or the Senate were read third time and put upon their passage:

By Senator Millican or the 35th DistrictSenate Bill No. 75. A Bill regulating persons
engaged in the undertaking business; and tor other purposes.

The committee orrered the tollowing amendment;

By striking Section 3 (three) in its entirety,and renumbering the Sections or said bill in accordance therewith.

The committee amendment was adopted.

The report or the cammittee,which was ravoraole to the passage or the bill, as amended, was agreed to.

On the passage or the bill,as amended,the ayes were 30, nays 4.

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

The President lett the Chair, and Senator Lester or the 18th District presided.

By Senator King or the 11th DistrictSenate Bill No. 83. A Bill amending the Code or
Georgia or 1933 which imposes liability or stock holders or banks to depositors in an amount equal to the tace value ot their shares; and tor other purposes.

The report ot the committee,which was ravorable to the passage ot the bill,was agreed to.

On the passage or the bill the ayes were 34,nays

1.

.

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

802

JouRNAL oF THE SENATE,

The President resumed the.cha1r. The following resolution of the Senate was read third time: By Senator Larsen of the 16th DistrictSenate Resolution No. 38. A Resolution amending the Constitution of the State of Georgia,so as to exempt non-product!ve lands far the growing or timber from ad valorem taxation; and for other purposes. The following privileged resolutions were read and adopted: By Senator Pope ot the 15th DistrictA Resolution extending the privileges or the floor to Mrs. H. R. Hill, County School Superintendent or Wheeler County,Georgia. By Senator Larsen of the 16th DistrictA Resolution extending the privileges or the floor to Honorable Jim Gillis, a former member or the General Assembly. By Senator Dennis of the 28th DistrictA Resolution extending the privileges of the floor to Mrs. T.W. Reid, State President of the United Daughters of the Contederacy,of Georgia. By Senator Chappell of the 13th DistrictA Resolution extending the privileges of the floor to Hon. W.W. Dykes and Hon. W.T. Anderson, County Conmissioners of Sumter County By Senator Evans of the 29th District~ Resolution extending the privileges ot the
floor to Hon. J c. Dunn and Hon. B.J. Stevens of
McDuffie County. By Sanator Crawford of the 42nd Distri et-
A Resolution extending the privileges of the fioar to the family of Senator Hart of the 36th

THURSDAY, FEBRUARY 14, 1935.

803

District. The hour ot adjournment having arrived the Presi-
dent announced that the Senate stood adjourned until tomorrow morning at ten oclock.

804

JouRNAL oF THE SENATE,

Senate Chamber, Atlanta, Georgia. Friday,February 15,1935.
The Senate met,pursuant to adjourmnent,at 10 otclock A.M. this day and.was ~lled to order by the President.
Prayer was offered by the Chaplain. Senator Scott of the 7th District asked unanimous consent that the calling of th~ roll be dispensed with and consent was granted . Senator Hart of the 3dth District,Chairman of the Committee on Journals, reported that he had examined the Journal of yesterdayts proceedings and found it correct. Senator Millican of the 35th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted. The Journal was confirmed. Senator Scott of the 7th District asked unanimous consent that the following be established as the order of business for today,during the first part of the period of unanimous consents: 1. Introduction of new matter under the rules. 2. Reports of standing committees. 3. Second reading or Senate and House bills and resolutions favorably reported. 4. Third reading and passage or local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills.
6. Third reading and passage ot General bills
with local application. The following resolution of the Senate was read
and adopted: By Senator Millican of the 35th District-
Senate Resolution No. 75. A Resolution providing

FRIDAY, FEBRUARY 15, 1935.

805

that the President of the Senate,Honorable Charles D. Redwine, be made a member of the Committee provided for underthe substitute to House Resolution No. 106.
The following bills of the Senate were introduced, read the first time and referred to Committees: By Senator Evans of the 29th District-
Senate Bill No. 179. A Bill to prohibit judges of the Superior Court of this State from presiding in criminal cases in counties outside their Judicial Circuit; and for other purposes.
Committee on General Judiciary No. 1. By Senator Vaughn of the 34th District; Senator Atkinson of the lst District-
Senate Bill No. 180. A Bill to amend Title 114, Chapter 114-4 of the Code of Georgia of 1933 by striking from said Chapter the word "average" and inserting the word "regular"; and for other purposes.
Committee on Special Judiciary. By Senator Atkinson of the 1st District-
Senate Bill No. 181. A Bill to provide for the payment of Highway Department refunding certificates of the State of Georgia to validate all proceedings far the issuance to counties; and for other purpose~
Committee on General Judiciary No. 1. Mr. Cooper of the 22nd District,Chairman of the Committee on MUnicipal Government,submitted the following report: Mr. President: Your Committee on Municipal Government have bad 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 following , recommendations:

806

JouRNAL or THE SENATE,

House Bill No. 415,do pass. House Bill No. 414,do pass. House Bill No. 446,do pass. House Bill No. 35l,do pass. House Bill No. 200,do pass. House Bill No. llO,do pass. House Bill No. 343,do pass. Senate Bill No.l59,do pass.. as amended. House Bill No. 222,do pass. House Bill No. 48l,do pass.
Respectfully submitted, . Cooper ot 22nd District,
Chairman. Mr. Larsen o:r the 16th District,Cbairma.n o:r the Conmittee 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 o:r the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the :following recommendations: Senate Bill No. 160,do pass. Senate Bill No. 148,do pass. House Bill No. 117,do pass.
Reswp.ewc.tfLuallrysensuJbrm.itote:rdiath District
Cbai:nrRn Mr. Lester or the 18th District,Chainna.n or the Committee on Appropriations,submitted the following . report: Mr. President: Your Committee on Appropriations have had under consideration the following Resolution o:r the Senate and have instructed me as Chairman, to report

FRIDAY, FEBRUARY 15, 1935.

807

the same back to the Senate with the following recomm.endati on:
Senate Resolution No. 70,do pass. Respectfully submitted, W.M. Lester of 18th District, Chairman
Mr. Skelton of the 30th District,Chainnan of the Committee on General Judiciary No. !,submitted the following report: Mr. President:
Your Committee on General Judiciary No. 1 have bad under consideration the following Bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 79,do pass,by substitute. Respectfully submitted, J.H. Skelton of 30th District, Chairman.
By
D.S. Atkinson,Asst.Secy. Mr. Evans of the 29th District,Chairman of the Committee on Banks and Banking,submitted the following report: Mr. President: Your Ca:mnittee 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 following recommendation: Senate Bill No. 57,do pass.
RespectfullY submitted, Randall Evans Jr.of 29th District, Chairman.

808

jOURNAL OF THE SENATE,

Mr. Chappell of the 13th District,Chairman of 'the Committee on Public Library,su~tted the following report: Mr. President:
Your Committee on Public Library have had under consideration the following Resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
Senate Resolution No. 68,do pass,as amended. Respectfully submitted, Chappell of 13th District, Chairman.
Mr. Vaughn of the 34th Distr1 ct,Chairman or the Comndttee on Special Judic1ary,subm1tted the following report: Mr. President:
Your Committee on Special Judiciary 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:
House Bill No. 65,do pass. House Bill No. 354,do pass. House Bill No. 127,do pass. House Bill No. 497,do pass. House Resolution No. 53-282A,do pass. Senate Bill No. 163,do pass. Senate Bill No. 164,do pass. Senate Bill No. 169,do pass.
Respectfully submitted, Vaughn of 34th District, Chairman.
The following bills of the Senate,favorably reported by Cammitteea,were read the second time:

FRIDAY, FEBRUARY 15, 1935.

809

By Senator Scott o! the 7th District;Senator Vaughn o! the 34th District; Senator Rawlins o! the 45th District;Senator Eden!ield o! the 4th District-
Senate Bill No. 57. A Bill providing !or the selection by the Governor o! banks in certain cities as State Depositories;and !or other purposes. By Senator Millican o! the 35th District-
Senate Bill No. 159. A Bill establishing a new Charter !or the City o! Atlanta approved February 28,1874;and !or other purposes. By Senator Chappell o! the 13th District-
Senate Bill No. 160. A Bill amending the Code o! Georgia o! 1933 which provides that a testator may by will dispense with the necessity o! his executor making an inventory or return;and !or other purposes. By Senator Beasley o! the 2nd District-
Senate Bill No. 163. A Bill amending an Act providing !or the trial o! insane persons in said State;and !or other purposes. By Senator Beasley o! the 2nd District-
Senate Bill No. 164. A Bill providing !or the payment to the Clerks and Sheri!!s o! !elony costs in cases where the de!endant is convicted in certain counties;and !or other purposes. By Senator Cooper o! the 22nd District-
Senate Bill No. 169. A Bill amending an Act to. establish the City Court o! Macon in and !or Bibb County; and !or other purposes.
The !ollow1ng resolutions o! the Senate,!avorably reported by Camm1ttees, were read the second ttme:
. By Senator Vaughn o! the 34th District-
Senate Resolution No. 68. A resolution authorizi-ng the State Librarian to !urnish each lawyer member o! the present General Assembly of Georgia the new 1933 Code o! Georgia. By Senator Jones of the 17th District-
Senate Resolution No. 70. A resolution authoriz-

810

JouRNAL OF THE SENATE,

ing the President of the Senate to appoint two

delegates to the Second Interstate Assembly o!

the American Legislators Association;and !or other

purposes.

,

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

By Mr. Oden of PierceHouse Bill No. 110. A Bill to amend an Act to
provide and establish a Charter for the City or Blackshear; and tor other purposes.

By Mr. Almand or FultonHouse Bill No. 117. A Bill to define the orrense
or operating a motor vehicle While under the influence or intoxicating liquors;and tor other purposes.

By Messrs. Patten or Pierce,Houston and Perry o! Worth,Thrasher or Turner and Henderson or Irwin-
House Bill No. 127. A Bill to change the time or holding Superior Court in Tifton Judicial Circuit; and !or other purposes.

By Mr. Rivera or LanierHouse Bill No. 200. A Bill to relieve the City
or Lakeland,Georgia,or certain taxes;and ror other purposes.

ByMessrs.camp and Garrett or CarrollHouse Bill No. 222. A Bill to amend the Charter
or Villa Rica,Georgia;and ror other purposes.

By Messrs. Harts!ield,Almand and Ramsey or FultonHouse Bill No. 343. A Bill to amend an Act es-
tabliShing a new Charter tor the City or Atlanta, so as to authorize the Mayor andGeneral Council to carry over !rom year to year a de!icit;and ror other purposes.

By Mr Weeks of ColumbiaHouse Bill No. 351. A Bill to create and estab-
lish a new Charter ror the T<Wm or Harlem, in the County or Columbia; and tor other purposes.

FRIDAY, FEBRUARY 15, 1935.

8ll

By Mr. Goosby of McDuffieHouse Bill No. 354. A Bill to vest in the tax
collectors of certain counties the powers of Sheriffs in their respective counties; and for other purposes.

By Messrs. Peebles and Felton of BartowHouse Bill No. 414. A Bill to amend the Charter
of the City of Cartersville and fix compensation far Alder.men;and for other purposes.

By Messrs. Peebles and Felton of Bartow-.

House Bill No. 415. A Bill to amend an Act in

reference to the Charter of the City of Cartersville;

and for other purposes.

.

By Messrs. Bloodworth, Bowden and Freeman of BibbHouse Bill No. 446. A Bill to amend an Act of
the General Assembly re-enacting and amending the Charter of the City of Macon;and for other purposes.

By Mr. Moore of ClaytonHouse Bill No. 481. A Bill to amend an Act in-
corporating the Town of Forest Park,County of Clayton;and for other purposes.

By Mr. Br1 sendine of PeachHouse Bill No. 49'7. A Bill providing for holding
four tenns a year of the Superior Court of Peach County; and for other purposes.

The following resolution of the Senate was read

and adopted:



By Senator Vaughn of the 34th DistrictSenate Resolution No. 76. A Resolution authoriz-
ing the President to appoint a committee of five to arrange a program for the Memorial Session to be held by the Senate,Monday,February 18th.

Under the provisions of Senate Resolution No.76 the President appointed the following as a committee: Senator Vaughn of the 34th District,Senator Millican of the 35th District,Senator Hart of the

812

JouRNAL OF THE SENATE,

36th District,Senator Almon of the 37th District and Senator Wright of the 38th District.
1~e President announced at this time that Senator Simmons of the 8th District had been appointed as Chairman of the Committee on Finance to succeed Senator Carswell of the 21st District,deceased, and Senator Pope of the 15th District as ViceChairman.
The following local uncontested bill of the Senate ~~s read third time and put upon its passage: By Senator Evans ot the 29th District-
Senate Bill No. 17. A Bill to amend an Act to prohibit the use of steel traps or other like devices in trapping or catching any blrd,game,or animal in this State in certain counties; and tor other purposes.
Senator Evans ot the 29th District offered the following substitute far Senate Bill No. 17:
A BilL To be entitled an Act to amend an Act entitled "An Act to prohibit the use or steel traps or like devices in trapping or catching any birds,game,or animal in this State;to provide a penalty tor the violation of the provisions of this Acti and tor other purposes," approved August 24,192~ and round in Georgia laws or 1929,pages 335 and 336 by providing that the provisions or said Act shall not apply to McDUffie County,and for other purposes. SECTION 1. Be it enacted by the General Assembly
ot Georgia that an Act entitled "An Act to prohibit the use ot steel traps or like devices in trap-
ping or catching any bird,game,or animal 1n this State;to provide a penalty tor the violation or the provisions or this Act; and tor other purposes," approved August 24, 1929 and round in Georgia laws ot 1929,pages 335 and 336 be and the same is hereby amended as follows: by adding at the end or Section 3 of said Act the following to-wit: Provided

FRIDAY, FEBRUARY 15, 1935.

813

however that nothing in this Act shall apply to McDuffie County.

Said Section when amended shall read as follows:

SECTION 3. Be it further enacted by the aforesaid authority that any person,firm,or corporation found guilty of the violation of the provisions of this Act shall be deemed guilty of a misdemeanor, and shall be punished as provided in Section 1065 of the Penal Code of Georgia;Provided however that nothing in this Act shall apply to McDuffie County.

SECTION 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby re:oealed.

The substitute was adopted.

The report of the committee,which was favorable to the passage of the b1ll,by substitute,was agreed to.

On the passage of the bill,.by substitute, the ayes

28, nays o.

.

The bill{by substitute,having received the requisite Const tutional majority,was passed.

The following bills or the House were read the first time and referred to Committees:

By Mr. Williams or BakerHouse Bill No. 69. A Bill permitting residents
of certain counties to take fish from the waters ot such counties at any time by hook and line only; and.for other purposes.

Committee on Game and Fish.

By ~ssrs. House Bi

lWl 1N1o1.1nagsh.amA,GBrififl1lnparnodviAdinndgertshona

or t th

Floyde

Judges or the Superior Court may open their courts



814

JouRNAL OF THE SENATE,

at any time without the presence or either Grand Jury or Traverse Jury to receive pleas ot guilty in misdemeanor cases and in felony cases;and tor other purposes.
Committee on General Judiciary No. 2. By Mr. Hampton ot Fannin-
House Bill No. 520. A Bill amend!ng,consolidating the several Acts incorporating the City or Blue Ridge,Fanni~ County,Georgia;and tor other purposes.
Committee on MUnicipal Government. By Mr. Hooks or Glascock. House Bill No. 541. A Bill abolishing the office ot County Treasury tor the County or Glascock; and tar other purposes.
Committee on Counties and County Matters. By Mr. Hooks ot Glascock-
Hause Bill No. 542. A Bill providing tor a Board ot Commissioners or Roads and Revenues in and tor the County or Glascock;and tor other purposes.
Committee on Counties and County Matters. By Mr. Hooks or Glascock-
Hause Bill No. 554. A Bill to consolidate the offices ot Tax Receiver and Tax Collector or Glascock County;and tor other purposes.
Committee on Counties and County Matters.
The following general bills ot the House with
local application were read third time and put upon their passage: By Messrs.Lindsay,Guess and Ansley ot DeKalb-
House Bill No. 247. A Bill providing that no person,firm or corporation shall establish,maintain or operate any public dance hall,sw1mming pool,or


FRIDAY, FEBRUARY 15, 1935.

815

place or public amusement for money or profit outside the l~its or incorporated towns or cities in any County 1n this state having within its boWld~ aries the whole or a part or a city or 200,000 or more population w1 thout first obtaining the permission of the Commissioners of Roads and Revenues or such county or other authority in charge or county matters,and for other purposes.

The report or the commdttee,wh1ch was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

26,

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

By Mr. Garrett ot Carroll-
House Bill No. 339. A Bill to be entitled an Act to provide for the preparation and exhibition of ballot boxes in all primary elections held in any county in this State having a certain population, and tor other purposes.

The report of the committee,which was favorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

28,

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

By Messrs. Hartsfield,Ramsey and Almand or FultonHouse Bill No. 362. A Bill to be entitled an Act
to enlarge and more clearly define the duties and powers ot county boards or tax assessors in counties ot a certain population,and for other purposes.

The report of the comm1ttee,Wh1ch was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

26,

816

JouRNAL or THE SENATE,

The bill ha~ing received the requisite Constitutional majority,was passed.
senator Larsen of the 16th District asked unanimous consent that further consideration of Senate Resolution No. 38 be postponed until Tuesday,next, immediately following the period of unanimous consents.
The consent was granted. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President: The House bas passed by the requisite Constitutional majority the following Bills of the House to wit: By Mr Sutton of WilkesHouse Bill No. 7. A Bill to be entitled an Act to create and establish a State Police Patrol,to provide tor drivers license,and for other purposes. By Messrs. Jackson of Blackley and Rivers of Lan.ierHouse Bill No. 163. A Bill to be entitled an Act to provide for the State Farmers Markets under direction of the Commissioner ot Agriculture;to provide powers and duties of the Commissioner of Agriculture,and for other purposes. By Mr. Sutton of Wilkes: House Bill No. 194. A Bill to be entitled an Act to permit the use of steel traps in the county of Wilkes for trapping predatory fur bearing animals, and far other purposes. By Mr. Sutton of WilkesHouse Bill No. 195. A Bill to be entitled an Act to amend an Act per.m1tt1ng the taking of fish in the fresh waters of Georgia by proViding for the use of seines in Broad River,and for other purposes.

FRIDAY, FEBRUARY 15, 1935.

817

By Mr. Fowler o! TreutlenHouse Bill No. 438. A Bill to be entitled an Act
to create a Board o! Commissioners or Roads and Revenues !or the county o! Treutlen~and !or other purposes. By Mr. Bush o! Miller. House Bill No. 452. A Bill to be entitled an Act to abolish the City Court o! Miller County,and !or other purposes. By Messrs. Groves o! Lincoln and Zellner o! Monroe-
House Bill No. 456. A Bill to be entitled an Act to provide !or the use ot wire baskets and seines tor fishing in the waters o! Lincoln and Monroe Counties,and !or other purposes. By Mr. Sutton ot Wilkes-
House Bill No. 596. A Bill to be entitled an Act to amend the Act approved August 16, 1915 creating a county depository !or Wilkes County,and !or other purposes. By Messrs. Groover,Davis and Terrell o! TrouP-
House Bill No. 604. A Bill to be entitled an Act to amend an Act creating the City Court ot LaGrange., and !or other purposes. By Mr. Kelly o! Elbert-
House Bill No. 608. A Bill to be entitled an Act to amend the charter o! the City of Elberton,., and !or other purposes.
The following message was received !rom the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has }llssed by the requisite Constitutional majority the following Bills and Resolutions o! the Senate,to wit: By Senator Millican o! 35th-
Senate Bill No. 100. A Bill to be entitled an Act

818

JouRNAJ. OF THE SENATE,

to amend an Act establishing a new charter for the City of Atlanta authorizing group insurance tor employees,and for other purposes. By senator Chappell of 13th-
Senate Resolution No. 57. A Resolution requesting the Georgia Public Service Commission to institute appropriate proceedings to require the Georgia Power Company to furnish electrical service to the town of Anders.onville.
The following resolution of the House was read third time and adopted: By Mr. Culpepper of Fayette-
House Resolution No. 53-282a. A Resolution to authorize,and direct the Governor and Secretary of State to cause a new Great Seal of the State to be made, and tor other purposes.
The following bill of the Senate was read third time: By Senator Millican of the 35th District-
Senate Bill No. 79. A Bill providing that when any security deed or mortgage is foreclosed the land described in such deed or mortgage shall no longer constitute a lien against the person giving such security deed or mortgage; and tor other purposes.
The committee offered a Substitute tor Senate Bill No. 79.
Senator Vaughn of the 34th District offered an amendment to the committee substitute.
Senator Atkinson or the 1st District asked unanimous consent tnat further consideration or Senate Bill No. 79 be postponed until Monday when 1t is reached on the calendar and consent was granted.
Senator Simmons or the 8th District moved that when the Senate adjourn today that it stand ad-

FRIDAY, FEBRUARY 15, 1935.

819

journed until 11 otclock Monday morning,next. The motion prevailed.
The following privileged resolutions were read and adopted: By Senator Vaughn of the 34th District-
A Resolution extending the privileges or the floor to Mrs. Larsen,wi!e or the Senator or the 16th District. By Senator Atkinson or the 1st District,Senator Gaskins or the 6th D1strict,Senator Milhollin or the 46th District and Senator Strickland or the 3rd District-
A Resolutipn extending the privileges or the floor to Mrs. Florrie Allen Chappell,mother or the Senator or the 13th District. By Senator Johnson or the 31st District-
A Resolution extending the privileges or the floor to Hon. Rush Burton or Lavonia,Georgia. By Senator Rawlins or the 45th District-
A Resolution extending the privileges or the floor to Miss Bertie B. Stambredge and Miss Hasslock,both or Baldwin County. By Senator Atkinson or the 1st District-
A Resolution extending the privileges or the floor to Hon. Edward A. Dutton or Savannah,Ga By Senator Vaughn or the 34th District-
A Resolution extending the privileges or the floor to Mrs. Almon,wite or the Senator or the 37th District.
Senator Millican ot the 35th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 11 orclock Monday morning,next.
'

820

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, February 18, 1935.
The Senate met, pursuant to adjournment, at 11 otclock A.M. and was called to order by the President.
Prayer was offered by the Chaplain. Senator Scott ot the 7th District asked unanimous consent that the calling ot the roll be dispensed with and consent was granted. Senator Millican ot the 35th District asked unanimous consent that the reading of the Journal be dispensed w1 th and consent was g~ted. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President: The House has passed by the requisite Consituttional majority the following Bills and Resolutions ot the House to wit: By Messrs. Grayson,McNall and Cohen ot Chatham. House Resolution No.43-270a. A Resolution providing that the State Librarian supply certain volumes ot law books to the Solicitor General ot the Ea.stern Judicial circuit.and tor other purposes. By Mr. Wrench of Charlton. House Bill No. 387. A Bill to be entitled an Act to create a Board ot County Commissioners tor the
County of Charlton,and for other purposes. By Mr. Bush ot Miller.
House Bill No. 453. A Bill to be entitled an Act to establish the City court ot Miller County,and tor other purposes.

MoNDAY, FEBRUARY 18, 1935.

821

By Mr. Hooks ot Glascock. House Bill No. 460. A Bill to be entitled an Act
creating a Charter tor the Town ot Mitchell, and tor other purposes.

By. Mr. McBride ot Montgomery. House Bill No. 498. A Bill to be entitled an Act
to abolish the offices or Tax Collector and Tax Receiver or Montgomery County; To create the office ot Tax Commissioner,and tor o~her purposes.

By Mr. Bush ot Miller. House Bill No. 502. A Bill to be entitled an Act
to fix the amount ot the bond or the Sheriff ot Miller County,and tor other purposes.

By Messrs. Parker and Shirah ot Colquitt. House Bill No. 514. A Bill to be entitled an Act
to repeal an Act approved March 24,1933,creating the office ot Tax Commissioner and Assistant Tax Commissioner of Colquitt County,Georgia; and for other purposes.

By Messrs. Parker and Shirah ot Colquitt.

-

House Bill No. 515. A Bill to be entitled an Act

to repeal an Act to abolish the offices or tax re-

ceiver and tax collector ot Colquitt County,Georgia,

and tor other purposes.

By Messrs. Parker and Shirah or Colquitt. House Bill No. 518. A Bill to be entitled an Act
to create the office or Tax Collector tor Colquitt County,Georgia,and tor other purposes.

By Messrs. Parker and Shirah ot Colquitt. House Bill No. 519. A Bill to be entitled an Act
to create the office or tax receiver or Colquitt County,Georgia,and tor other purposes.

By Mr. McBride or Montgomery. House Bill No. 521. A Bill to be entitled an Act
to repeal an Act creating a Board or Comndssioners or Roads and Revenues tor Montgomery CountyI and tor other purposes.

822

JouRNAL oF THE SENATE,

By Mr. McBride ot Montgomery. House Bill No. 522. A Bill to be entitled an Act
to create a Board or Commissioners or Roads and Revenues tor the County or Montgomery to be composed or seven members,and tor other purposes.

By Mr. Hampton ot Fannin.

.

House Bill No. 526. A Bill to be entitled an Act

to amend an Act to consolidate and supersede the

several acts incorporating the Town or McCaysville,

and tor other purposes.

By Mr. Daughtry or Wilkinson. House Bill No. 527. A Bill to be entitled an Act
to reduce the otticial bond or the sherit:r or the county or Wilkinson; and tor other purposes.

By Mr. Ray o:r Appling. House Bill No. 528. A Bill to be entitled an Act
to reduce the otticial bond or the sheri:r:r or Appling County,and tor other purposes.

By Mr. Ross ot Dodge. House Bill No. 564. A Bill to be entitled an Act
to amend an Act creating a new charter tor the city ot Eastman,and tor other purposes.

By Mr. Culpepper o:r Echols. House Bill No. 586. A Bill to be entitled an Act
to require all persons employed by and paid :from the tax :funds or the County or Echols to be residents or said County,and tor other purposes.

By Mr. Culpepper ot Echols. House Bill No. 587. A Bill to be entitled an Act
to require that Commissioners or Roads and Revenues of Echols County be required to give bond,and for other purposes.

By Mr. Caswell of Liberty.
House Bill No. 592. A Bill to be entitled an Act to repeal an Act to create a board or commissioners ot Roads and Revenues tor the County ot Liberty;to provide tor the election ot.the members or same,and

MoNDAY, FEBRUARY 18, 1935.

823

for other purposes.

By Mr. Henderson of Irwin. House Bill No. 609. A Bill to be entitled an Act
to amend an Act incorporating the City of Ocilla in Irwin County,and for other purposes.

By Mr. Caswell of Liberty. House Bill No. 610. A Bill to be entitled an Act
to create a charter for the City of Hinesville in the County of Liberty,and for other p~poses.

By Messrs. Hartsfield,Almand and Ramsey of Fulton. House bill No. 613. A Bill to be entitled an Act
to amend an Act incorporating Union City,and for other purposes.

By Mr. Minchew of Atkinson. House Bill No. 618. A Bill to be entitled an Act
to reduce the Official bond of the Sheriff of Atkinson County,and for other purposes.

By Messrs. Sartain and Leonard of Walker. House Bill No. 623. A Bill to be entitled an Act
to amend the original charter of the City of Rossville in Walker County,and for other purposes.

The Journal was confirmed.

Senator Scott of the 7th Distr1ct,Vice-Chairman

of the Rules Comndttee,asked unanimous consent that

the following be established as the order of busi-

ness today during the first part of the period of

unanimous consents:



1. Introduction of new matter,under the rules. 2. Reports of standing committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading ana passage of uncontested local Senate and House bills and resolutions. 5. First reading and reference of House Bills. 6. ~utting on their passage general Senate and House bills and resolutions ready for third reading.

824

JouRNAL OF THE SENATE,

The following bills or the Senate were introduce~ read the first time and referred to Committees: By Senator Johnson ot the 31st District-
Senate Bill No. 182. A Bill to reduce the bond or the Sherif! or Stephens County from the amount or $10,000.00 to $3,000.00; and for other purposes.
Committee on Special Judiciary. By Senator Almon of the 37th District-
Senate Bill No. 183. A Bill to require all corporations owning lands in counties or certain population to return for taxes all real estate owned by such corporations; and tor other purposes.
Committee on Public Utilities. By Senator Almon ot the 37th District; Senator McWhorter of the 19th District-
Senate Bill No. 184. A Bill to reorganize and reconstitute Highway Department or Georgia; and tor other purposes.
Committee on Highways and Public Roads. Mr. Lancaster of the lOth District Chairman of the Committee on Insurance submitted the following report: Mr. President: Your Committee on Insurance have had under consideration the following Bill or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation: That Senate Bill No. 172, do pass.
Respectfully sUbmitted, P.M. Lancaster of lOth District, Chairman.
The following resolution or the Senate was read

MoNDAY, FEBRUARY 18, 1935.

825

and adopted: By Senator Johnson of the 31st District-
Senate Resolution No. 77. A Resolution requesting the President to name Senator Atkinson of the 1st District as a member or the Committee on Amendments to the Constitution.
The following bill or the Senate,ravorably reported by Committee,was read the second time: By Senator Smith of the 24th District-
Senate Bill No. 172. A Bill to amend an Act or the Code of 1933 changing the amount of bond required to be deposited with the State Treasurer by fire,marine and inland Insurance Companies; and tor other purposes.
The following local uncontested bills of the House were read third time and put upon their passage: By Mr. Williams or Bacon-
House Bill No. 65. A Bill to be entitled an Act to repeal an Act and all amendments thereto .entitled an Act to establish a county criminal court in certain Counties,and for other purposes.
The report of the committee,which was favorable to the passage of the bill, was agreed to.
o. On the passage of the bill the ayes were 36,nays
The bill having received the requisite Constitutional majority,was passed. By Mr. Oden of Pierce-
House Bill No. 110. A Bill to be entitled an Act to amend an Act to provide and establish a Charter tor the City ot Blackshear,and tor other purposes.
The report of the committee,which was favorable to the passage of the bill, was agreed to.

826

JOURNAL OF THE SENATE,

on the passage of the bill the ayes were 34, nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs. Patten of Tift,Houston and Perry of Worth,Thrasher of Turner and Henderson of Irwin-
House Bill No. 127. A Bill to be entitled an Act to change the time of holding Superior Court in Tifton Judicial Circuit,and for other purposes.
The report of the commlttee,whlch was favorable to the passage of the bill,was agreed to.
On the passage of the blll the ayes were 32, nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs. Camp and Garrett of Carroll-
House Bill No. 222. A Bill to be entitled an Act to amend the Charter of Villa Rica,Georgia,and for other purposes.
The report of the connnittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 32, nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs. Hartsfield,Almand and Ramsey of Fulton-
House Bill No. 343. A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta,so as to authorize the Mayor and General Council to carry over and retire fram year to year a deficit of $1,50o,ooo,and for other purposes.
The report 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 o.
The bill having received the requisite Constitutional majority,was passed.

MoNDAY, FEBRUARY 18, 1935.

827

By Messrs. Peebles and Felton of BartowHouse Bill No. 414. A Bill to be entitled an Act
to amend the Charter of the City of Cartersville and fix Compensation for Alderman,and for other purposes.

The report 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
o.

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

By Messrs. Peebles and Felton of BartowHouse Bill No. 415. A Bill to be entitled an Act
to amend an Act in reference to the Charter of the City of Cartersville,by repealing a certain part of a certain Act or Acts,and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

34,

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

By Mr. Moore of ClaytonHouse Bill No. 481. A Bill to be entitled an Act .
to amend an Act incorporating the Town of Forest Park,County of Clayton,and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

32,

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

By Mr. Brisendine of PeachHouse Bill No. 497. A Bill to be entitled an Act
to provide for holding four terms a year of the Superior Court of Peach County;to prescribe the time for holding same,and for other purposes.

828

jOURNAL OF THE SENATE,

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

34,

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

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

By Mr. Sutton of WilkesHouse Bill No. 7. A Bill to create and establish
the State Police Patrol;and for other purposes.

Committee on State of Republic. By Messrs.Jackson of Bleckley;Rivers of Lanier-
Hause Bill No. 163. A Bill to provide for State Farmers ~~rket under direction of Commissioner of Agriculture;and for other purposes.

Committee on Agriculture. By Mr. Sutton of Wilkes-
House Bill No. 195. A Bill to amend an Act permitting the taking of fish in the fresh waters of Georgia by providing for the use of seines in Board River;and for other purposes.

Committee on Game and Fish.

By Mr. SUtton of WilkesHouse Bill No. 194. A Bill to permit the use of
steel traps in the county of Wilkes for trapping predatory fur-bearing animals;and for other purposes.

Committee on Game and Fish. By Mr. Fowler of Treutlen-
House Bill No. 438. A Bill to create a Board of Commissioners of Roads and Revenues for the County of Treutlen.

Committee on Counties and County Matters.

MoNDAY, FEBRUARY 18, 1935.

829

By Mr. Bush of MillerHouse Bill No. 452. A Bill to abolish the City
Court of Miller County;and for other purposes.

Commdttee on Special Judiciary.

By Messrs. Groves of House Bill No . 456.

LiAncBolinl1zteoll

ner of Monroeprovide tor the

use of wire baskets and seines for fishing in the

waters of Lincoln and Monroe Counties; and for

other purposes.

Committee on Game and Fish.

By Mr. Sutton of WilkesHouse Bill No. 596. A Bill to amend an Act
creating a County Depository for Wilkes County;and for other purposes.

Committee on Special Judiciary.

By Messrs. Groover,Davis and Terrell of TroupHouse Bill No. 604. A Bill creating the City
Court of LaGrange;and for other purposes.

Committee on Special Judiciary.

By Mr. Kelley of ElbertHouse Bill No. 608. A Bill to amend the Charter
of the City of Elberton;and for other purposes.

Committee on Municipal Government.

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

By Senator Chappell of the 13th DistrictSenate Resolution No. 28. A Resolution to in-
struct the Highway Department to pave certain roads; and for other purposes.

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

830

JouRNAL oF THE SENATE,

On the 281 nays

poa. ssage-or

the

resolution

the

ayes

were

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

Senator Chappell or the 13th District asked unanimous consent that Senate Resolution No. 28 be immediately transmitted to the House and consent was granted.

The following bill or the Senate,substitute and amendments thereto,was taken up tor consideration:

By Senator Millican or the 35th DistrictSenate Bill No. 79. A Bill providing that when
any security deed or mortgage is foreclosed the land described in such deed or mortgage shall no . longer constitute a lien against the person giving such security deed or mortgage; and tor other purposes.

The following committee substitute to Senate Bill No. 79 was read:

A BILL

To be entitled an Act to provide tor confirmation or sales under foreclosure proceedings on real estate,to limit and abate deficiency judgments in suits and foreclosure proceedings on debts secured by mortgages security deeds and other lien contracts on real estate,to provide for advertlsemen~ or foreclosure sales,and tor other purposes.

SECTION 1. Be it enacted by the General Assembly or Georgia and it is hereby enacted by authority ot the same that from and after the passage or this Act when any real estate is sold on foreclosure, without legal process,under powers contained in security deeds,mortgages,or other lien contracts, and at such sale said real estate does not bring the amount or the debt secured by such deed,mortgage or contract,no action may be taken to obtain

MoNDAY, FEBRUARY 18, 1935.

831

a deficiency judgment unless the person instituting the foreclosure proceedings shall within 30 days after such sale report the sale to the Judge or the Superior Court or the county in which the land lies tor confirmation and approval,and obtains an order or confirmation and approval thereon. The Court shall require evidence to show the true market value or the property sold under such powers and shall not confirm the sale unless he is satisfied the property so sold broUght its true market value on such foreclosure sale.
SECTION 2. Be it further enacted that where any real estate is sold under a mortgage or other contract lien roreclosure,or on an execution issued upon a judgment based on a debt secured by a security deed on mortgage,or other lien contract,and at such sale said real estate does not bring ~he amount or Juagment or execution,the plaintiff may within thirty days thereafter report the sale to the Court in which the mortgage proceedings are pending or from which the executlon issued tor confirmation and approval. The Court shall require evidence or the true market value or the property sold and shall not confirm the sale unless he is satisfied the property so sold brought its true market value. Failure to have such confirmation and approval or sale shall work a forfeiture or any balance due on the judgment or execution after credits tor the proceeds Jt such sale have been duly and legally entered.
SECTION 3. Be it further enacted that no sale or real estate under powers contained in mortgages, debt,deeds or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner or Sheriff's sale in the county in which such real estate,or a part thereot,is located.
SECTION 4. That all laws and parts or laws in conflict with this law be and the same is hereby repealed.
Senator Vaughn offered the following amendment to

832

JouRNAL oF THE SENATE,

the substitute to Senate Bill No. 79 which was read:

By striking Section 2 in its entitety and renumbering all sections ot said substitute numerically and appropriately.

The amendment by Senator Vaughn to the substitute was adopted.

On the adoption ot the substitute,as amended,the ayes and nays were called tor and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Cannon Carrington Chappell Dennis Dickerson Duncan Edenfield

Gaskins Jones King Lancaster Larsen McGinty McLeod McWhorter Millican

Rawlins Rucker Sinnnons Skelton Smith Strickland Thoms Vaughn Wright

Those voting in the negative were Senators:

Clark Crawford Evans

Johnson o:r the McGehee

31st

Ragan

Kirkland

Senator Atkinson ot the 1st District asked unanimous consent that the verification of the roll call be dispensed with the consent was granted.

The ayes were 27,nays 7.

The substitute,as amended,was adopted.

Senate Bill No.79 was carried over until tomorrow as unfinished business.

MoNDAY, FEBRUARY 18, 1935.

833

The President announced that the Senate stood at recess for the purpose of going into a Memorial Session.

Senator vaughn of the 34th District presided.

The program for the Memorial Session was as follows:

IN HONOR OF THE MEMORY OF HON.CHARLES C. FULGHUM - - Senator - - 48th District

HON.GEORGE H. CARSWELL - -.Senator - - 21st District and the former President of the Senate.

REV.J.W.G. . WATKINS~- SENATE CHAPLAIN
COMMITTEE ON ARRANGEMENTS:

Senator C.R. Va~,34th District - Chairman.

Senator W.A. Hart,36th District.

Senator Everett G.M1llican,35th District.

Senator Senator

Phil J.A.

AWrlmigohn~13,378tthhDDisistrtircict.t.

Opening Prayer - - - - - - - - - - Dr. Ellis Fuller Pastor First Baptist Church

EULOGIES TO REV. J.W.G. WATKINS 1. Senator John H.McGehee-- 25th District. 2. Senator Jas. H.Skelton,sr. - - 30th District 3. Rev. Wallace Rogers,Presiding Elder - Oxford District

EULOGIES TO SENATOR C.C .FULGHUM 1. Representative W.T.Standard - -Wilcox County 2. Senator L.C. Ragan - -14th District 3. Hon. John Dorsey - - Rochelle 4. Representative W.H. Dorris of Crisp Co.

EULOGIES TO SENATOR GEO.H.CARSWELL 1. Senator E.R. King - - 11th District 2. Senator J.M. Simmons - - 8th District 3. Senator Chas. D. Redwine - - President of Senate

834

JouRNAL or THE SENATE,

4. Dr. M.L. Brittain - President Georgia Tech

Solo - - - - - - - - - - - - - - Mrs. R.W. Mitchell

"There is no Death"

Accompanied by Mrs.

D.B. Hamilton at

Piano

Taps - - - - - - - - - - - - - - - -w.c. Hargrove

Benediction Rev. L.J. Ballard Chaplain State Senate

The President called the Senate to order.

The following privileged resolutions were read and adopted:

By Senator Chappell of the 13th DistrictA Resolution extending the privileges of the floor
to Honorable Lionel Stukes a former member of the General Assembly.

By Senator Redwine of the 26th DistrictA Resolution extending the pr.ivileges of the floor
to Judge W.B. Hollingsworth a distinguished citizen of Fayetteville, Georgia.

The hour of adjournment having arrived the President announced that the Senate stood adjourned untU tomorrow morning at 10 orclock;

TUESDAY, FEBRUARY 19, 1935.

835

Senate Chamber,Atlanta,Georgia. Tuesday,February 19,1935.

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

Prayer was offered by the Chaplain.

senator Rawlins or the 45th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted.

Senator Hart of the 36th District,Chairman of the

Committee on the Journals

Joor utrhnealtsw,roepporervteiodutshsaetshsieohnasdaneuxamroiunnedd

them correct.

Senator Rawlins or the 45th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted.

The Journal was confirmed.

Senator Almon or the 37th District asked unanimous consent that Senate Bill No. 183 be withdrawn from the Committee on Public Utilities and re-committed to the Committee on Counties and County Matters.

There was objection.

Senator Almon of the 37th District moved that Senate Bill No. 183 be w1 thdrawn from the Conuni ttee on Public Utilities and re-committed to the Committee on Counties and County Matters.

The motion prevailed.

Senator Rawlins or the 45th District asked unani-

mous consent that the following be es~ablished as

the order or business today during the first part

or the period of unanimous consents:

1. Introduction or new matter,under the rules.

2. Reports or standing comittees.

3. Second reading of Senate and Hous~ bills favor-

ably reported.

4. Third reading and passage of uncontested local

Sesn.atFe

and irst

House bills reading and

and resolutions. reference ot House

Bills.

836

JouRNAL OF THE SENATE,

The consent was granted.

Senator Strickland of the 3rd District asked

unanimous consent that House Bill No.l63 be with-

drawn from Committee on Agri time and re-committed to the

cCuolmtmu1rte~1ereeadonaAsgecrio-nd

culture and consent was granted.

The following bill of the House was read second time and re-committed to the Committee on Agriculture.

By Messrs. Jackson of Blackley and River~ of LaniePHouse Bill No. 163. A Bill to be entitled an Act
to provide for State Farmers' Markets under direction of the Commissioner of Agriculture; to provide powers and duties of the Commissioner of Agriculture,and for other purposes.

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

By Senator Skelton of the 30th DistrictSenate Bill No.l85. A Bill amending Code Section
38-1606 (5861) of the 1933 Code of Georgia so that plaintiffs and defendants may testify in cases involving actions for breach of promise; and for other purposes.

Committee on General Judiciary No. 1.

By Senator King of the 11th DistrictSenate Bill No. 186. A Bill to amend an Act so as
to exempt motor vehicles operated by cities or counties from registering in the office of Motor Vehicles nor to pay a license therefor; and for other purposes.

Committee on MOtor Vehicles.

By Senator Smith of the 24th DistrictSenate Bill No. 187. A Bill to prohibit the use
of convicts sentenced for either felonies or misdemeanors in certain counties; and for other pur-

TuESDAY, FEBRUARY 19, 1935.

837

poses.

Committee on Penitentiary.

By Senator Smith of the 24th DistrictSenate Bill No. 188. A Bill amending an Act to
provide for the appointment of a Deputy Marshall by the Marshall of the Municipal Court of Columbus; and for other purposes.

Committee on Special Judiciary.

The following resolution of the Senate was read first time:

By Senator Pope of the 15th District-

Senate Resolution No. 78. A Resolution requesting

the United States Government to abandon the NRA and

allow business to so that peace and

pcoronstipneureityinmiitgshtevdwene11notrhmraolugtehnooutr,

the land.

Senator McGehee of the 25th District moved that the above resolution be indefinitely postponed and the motion prevailed.

Mr. J.H. Skelton Sr. of the 30th 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 Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:

House Bill No. 116, do pass. Senate Bill No.l30, do pass Senate Bill No.l73, do pass. Senate Bill No.l74, do pass.

838

JouRNAL OF THE SENATE,

Senate Bill No. 175, do pass. Respectfully sub~tted, J.H. Skelton of 30th District, Chairman. By D.S. Atkinson,Asst.Secy.
Mr. Clark of the 44th 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 following recommendations:
House Bill No. 367, do pass,as amended. House Bill No. 17, do ~sa. House Bill No. 219, do pass,by substitute. House Bill No. 148, do pass. House Bill No. 114, do pass. House Bill No. 40, do pass. House Bill No. 169, do pass. House Bill No. 269, do pass. House Bill No. 41, do pass. House Bill No. 172, do pass. House Bill No. 97, do pass. House Bill No. 318, do pass. House Bill No 376, do pass,as amended. Senate Bill No.l43, do pass. House Bill No. 375, do pass. House Bill No. 67, do pass. House Bill No. 66, do pass. House Bill No. 64, do pass. House Bill No. 370, do pass. House Bill No. 369, do pass. House Bill No. 393, do pass. House Bill No. 408, do pass. House Bill No. 424, do pass.

TUESDAY, FEBRUARY 19, 1935.

839

House Bill No. 437, do pass.

RespectfUlly submitted, J.H. Clark or 44th District, Chairman.

The following bills or the Senate,ravorably reported by Comudttees,were read second time:
By Senator Millican of the 35th DistrictSenate Bill No.l43. A Bill to amend an Act re-
lating to the ~bolition or Justices Courts in certain counties~and the establishment in lieu thereor such courts as the General Assembly may deem necessary;and for other purposes. By Senator Skelton or the 3oth District-
Senate Bill No. 173. A Bill to provide tor the redemption or real estat~ sold at tax sales by municipal authorities;and tor other purposes.

By Senator Skelton or the 30th District-

Senate Bill No. 174. A Bill to amend an Act re-

lating to the county property and the sale or same

by authorizing the Ordinary to execute deeds there-

to; and for other purposes.

~

By Senator Skelton or the 30th DistrictSenate Bill No. 175. A Bill to amend an.Act re-
lating to the redemption ot real estate at tax
sales,by providing that the property so purchased shall not be deemed public property;and tor other purposes.

The following bills or the House,tavorablY reported by Committees,were read the second time:

By Mr. Weat~ers of JenkinsHouse Bill No. 17. A Bill to authorize certain
counties to acquire land tor the purpose or creating public parkB;and tor other purposes.

By Mr. Freeman or EarlyHouse Bill No. 40. A Bill tixing the salary or
the county Treasurer or Early County; and tor other purposes.

840

JouRNAL oF THE SENATE,

By Mr. Freeman o! EarlyHouse Bill No. 41. A Bill to repeal an Act to
abolish the o!!ice or County Treasurer or Early County; and !or other purposes.

By Mr. Williams o! BaconHouse Bill No. 64. A Bill to authorize Boards or
County Commissioners in certain counties to prescribe by proper resolution the ttme that the Chairman or such board shall devote to county business; and !or other purposes.

By Mr. Williams or BaconHouse Bill No. 66. A Bill to amend an Act to
abolish the o!rlce or Treasurer or Bacon county, Georgia; and !or other purposes.

By Mr. Williams or Bacon- House Bill No. 67. A Bill to reduce the offi-
cial bond or the Sheri!! or Bacon County; and rot other purposes.

By Messrs.:.Woods and Spivey o! Emanuel.House Bill No. 97. A Bill to amend an Act to
establish the City Court or swainsboro; and !or other purposes.

By Hr. Warnell or Bryan-

House Bill No. 114. A Bill to require certain

O!!icers o! Bryan County to turnish and give bond;

and tor other purposes. .



By Messrs. Almand and Hartsfield o! Fulton;Terrell or Troup- .
House Bill No. 116. A a.tll to authorlze the Court or Record to render a declaratory judgment and to provide the procedure theretor; and tor other purposes.

By Mr. Leonard or WalkerHouse Blll No. 148. A Bill to create a Board or
Co~ssloners ror Walker County; and !or other purposes.

TuESDAY, FEBRUARY 19, 1935.

841

By Mr. Williams o! Jones-



-

House Bill No. 169. A Bill reducing the amount o!

the Bond o! the Sheri!! o! Jones County; and tor

other purposes.

By Mr. Shedd o! WayneHouse Bill No. 172. A Bill to amend an Act es-
tablishing the City Court o! Jesup in and !or the County o! Wayne; and !or other purposes.

By Mr. Moore o! HaralsonHouse Bill No. 219. A Bill to create a Board o!
Commissioners !or Haralson County; and !or other purposes.

By Mr. Harmnock o! RandolphHouse Bill No. 269. A Bill creating a Board o!
Commissioners o! Roads and Revenues !or the county ot Randolph; and !or other purposes.

By Mr. Whitmire of DawsonHouse Bill No. 318. A Bill to repeal an Act to
create a Board of Commissioners o! Roads and Revenues o! Dawson County; and. !or other purposes.

By Messrs. Griffin and Mills o! DecaturHou.le Bill No. 367. A Bill to create a Board o!
Commissioners o! Roads and Revenues !or the County ot Decatur; and !or other purposes.

By Mr. Swann o! GradyHouse Bill No. 369. A Bill to amend an Act creat-
ing the City Court o! Cairo; and !or other purposes.

By Mr. Swann o! Grady-House Bill No. 370. A Bill to amend an Act creat-
ing the office o! Grady County Tax Commissioner;and !or other purposes.

By Mr. Salter o! BakerHouse Bill No. 375. A Bill to provide for the
payment o! actual cost incurred in the Superior Court of Baker County for the trial and conviction of convicts; and for other purposes.

.
842

JouRNAL or THE SENATE,

By Mr. Salter of BakerHouse Bill No. 376. A Bill to amend an Act to
create a Board or Commissioners or Roads and Revenues for Baker County; and for other purposes. By Messrs. Ramseyz.Alma.nd and Hartsfield or Fulton-
House Bill No. ~93. A Bill to amend an Act authorizing the creation or retirement funds !or County Teachers in certain Counties; and for other purposes. By Messrs. Lanier,Harris and Barrett or Richmond-
House Bill No. 408. A Bill to fix the salaries or county officers in certain counties; and for other purposes. By Messrs. LanierlHarris and Barrett or Richmond-
House Bill No. 424. A Bill to abolish the o!!ice of Chairman of Board of Commissioner of Roads and Revenues or Richmond County; and for other purpose~ By Messrs. Camp and Garrett or Carrrol-
House Bill No. 437. A Bill to amend an Act consolidating the Tax-collector and Tax~eceiver in Carroll County,Georgia; and for other purposes.
The following local uncontested bills or the House were read third time and put upon their passage: By Mr. Weeks or Columbia-
House Bill No. 351. A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish a new charter for the town or Harlem,in the County of Colmnb1a";and for other purposes.
The report or the comm1ttee,wh1ch was favorable to the passage o! the blll, w:1s agreed to.
o. On the passage o! the bill the ayes were 32,nays
The bill having received the requisite Constitutional majority, was passed.

TUESDAY, FEBRUARY 19, 1935.

843

By Mr. Goolsby or McDu:r:rieHouse Bill No. 354. A Bill to be entitled an Act
to vest in Tax Collectors o:r counties o:r a certain population,all o:r the powers o:r sheriffs o:r their respective counties,relative to the collection o:r tax :ri.tas.; and tor other purposes.
The report ot the committee,which was favorable to the passage o:r the bill, was agreed to.
o.On the passage o:r the bill the ayes were 36, nays
The bill having received the requisite Constitutional majority,was passed. By Messrs. Bloodworth,Bowden and Freeman o:r Bibb-
House Bill No. 446. A Bill to be entitled an Act to amend an Act ot the General AssemblY re-enacting and amending the Charter o:r the City o:r Macon; and tor other purposes.
The report o:r the _committee,which was favorable to the passage ot the bill, was agreed to.
o.On the passage ot the bill the ayes were 34, nays
The bill having received the requisite Constitutonal majority, was passed.
The following bills ot the House were read the first time and referred to Committees: By Mr. Wrench o:r Charlton-
House Bill No. 387. A Bill to create a Board o:r County Commissioners :ror the County o:r Charlton;and :ror other purposes.
Committee on Counties and County Matters. By Mr. Bush o:r. Miller-
House Bill No. 453. A Bill to establish the City

844

JouRNAL oF THE SENATE,

Court ot Miller; and tor other purposes.

Committee on Special Judiciary.

By Mr. Hooks ot GlascockHouse Bill No. 460. A Bill creating a Charter tor
the Town or Mitchell; and tor other purposes.

Committee on Municipal Government.

By Mr. McBride o! MontgomeryHouse Bill No. 498. A Bill to abolish the offices
ot Tax Collector and Tax Receiver or MOntgomery County and to create the ot!ice or Tax Commissioner; and !or other purposes.

Committee on Counties and County Matters.

By Mr. Bush ot Miller House Bill No. 502. A Bill fixing the _amount or the bond or Sheri!! or Miller County; and tor other purposes.

Committee on Special Judiciary.

By Messrs. Parker and Shirah or Colquitt-

House Bill No. 514. A Bill to repeal an Act aP-

proved March Commissioner

a2n4d,19A3s3s1sctraenattinTgaxthCeomomffiiscsieosneor roTrax

Colquitt County; and tor other purposes.

Committee on Counties and County Matters.

By Messrs. Parker and Shirah of ColquittHouse Bill No. 515. A Bill to repeal an Act to
abolish the offices o! Tax Receiver and Tax Collector or Colquitt County; and tor other purposes.

Committee on Counties and County Matters.

By Messrs. Parker and Shirah or ColquittHouse Bill No. 518. A Bill creating the office
ot Tax Collector tor Colquitt County; and tor other

TUESDAY, FEBRUARY 19, 1935.

845

purposes. Committee on Counties and County Matters.
By Messrs. Parker and Shirah of ColquittHouse Bill No. 519. A Bill creating the office
of Tax Receiver of Colquitt County; and for other purposes.
Committee on Counties and County Matters. By Mr. McBride of Montgomery-
House Bill No. 521. A Bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County;and for other purposes.
Committee on Counties and County Matters. By Mr. McBride of Montgomery-
House Bill No. 522. A Bill to create a Board of Commissioners of Roads and Revenues for the County of Montgomery to be composed of seven members; and for other purposes.
Committee on Counties and County Matters. By Mr. Hampton of Fannin-
House Bill No. 526. A Bill .amending an Act to consolidate and supersede the several Acts incorporating the Town of McCaysville; and for other purposes.
Committee on Municlpa~ Government. By Mr. Daughtry of Wilkinson-
House Bill No. 527. A Bill reducing the official bond of th~ Sheri!! o! the county o! Wilkinson; and tor other purposes.
Committee on Special Judiciary. By Mr. Ray o! AJ?Pling-
House Bill No. 528. A Bill to reduce the official bond o! the Sheri!! of Appling County; and for

846

JouRNAL OF THE SENATE,

other purposes.

Committee on Special Judiciary.

By Mr. Ross of DodgeHouse Bill No. 564. A Bill to amend an Act cre-
ating a new charter for the City of Eastman;and tor other purposes.

Co~ttee on MUnicipal Government.

By Mr. Culpepper of EcholaHouse Bill No. 586. A Bill to require all per-
sons employed by and paid from the tax tunds of Echols County to be residents of said county; and tor other purposes.

Committee on Counties and County Matters.

By Mr. Culpepper of EcholaHouse Bill No. 587. A Bill to require that
Commdssioners of Roads and Revenues of Echols County be required to give bond; and for other purposes.

Committee on Counties and County Matters.
By Mr Caswell of Liberty-
House Bill No. 592. A Bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the Cotinty of Liberty; to provide tor the election of the members of same; and for other purposes.

Committee on Counties and County Matters.

By Mr. Henderson ot Irwin-



House Bill No. 609. A Bill to amend an Act in-

corporating the City ot Ocilla in Irwin County;and

tor other purposes.

Committee on Municipal Government.

TuESDAY, FEBRUARY 19, 1935.

847

.By Mr. Caswell of LibertyHouse Bill No. 610. A Bill to create a new char-
ter tor the City of Hinesville,County of Liberty;and tor other purposes.
Committee on MUnicipal Government. By Messrs. Hartstield,Almand and Ramsey ot Fulton-
House Bill No. 613. A Bill to amend an Act incorporating.Union City; and for other purposes.
Committee on MUnicipal Government. By Mr. Minchew of Atkinson-
House Bill No. 618. A Bill to reduce the official bond of the Sheriff or Atkinson County; and tor other purposes.
Committee on Special Judiciary. By Messrs. Sartain and Leonard of Walker-
House Bill No. 623. A Bill to amend the original charter of the City of Rossville in Walker County; and for other purposes.
Committee on MUnicipal Government. The following resolution of the House was read the first time and referred to Committee: By Messrs. Grayson,McNall and Cohen or ChathamHouse Resolution No. 43-270a. A Resolution providing that the State Librarian furnish certain volumes or law books to the Solicitor General or the Eastern Jud1c1al Circuit; and for other purposes. Committee on Public Llorary. Pursuant to notice previously given,Senator Millican of the 35th District,called up certain bills which had been vetoed by the Governor,and moved that House Bill No. 226 be passed,notwithstanding the veto or the Governor.

848

JouRNAL OF THE SENATE,

By Messrs. Hartsfield,Ramsey and Almand or FultonHouse Bill No. 226. A Bill to be entitled an Act
to authorize Boards or Education in all counties or the State having a population in excess or 200,000 to borrow money for the operation or schools; and for other purposes.

Senator Larsen or the 16th District moved the previous question on the motion by the Senator or the 35th,and the motion prevailed.

The main question was ordered.

On the motion by the Senator or the 35th,Senator Scott or the 7th District called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Beasley Dennis Hart Johnston or the 39th

Jones Kiker .Lester McGehee McLeod

Millican Rucker Turner .Vaughn

Those voting in the negative were Senators:

Atkinson Carrington Chappell Cooper Crawford Darden Dickerson Duncan Edenfield Evans

Gary Gaskins Goodwin Harden King Kirkland Larsen McGinty McWhorter M1lhollin

Pope Ragan Rawlins Scott Sinnnons. Skelton Smith Strickland Thomas Wright

The roll call was verified.

The ayes were 13, nays 30.

TUESDAY, FEBRUARY 19, 1935.

849

The motion having railed to receive the requisite two-thirds Constitutional majority, was lost.

Senator Millican or the 35th District moved that House Bill No. 15g be passed by the Senate,notwithstanding the veto or the Governor.

By MessFs. Hartsfield,Almand and Ramsey or FultonHouse Bill No. 152. A Bill to be entitled an Act
to amend an Act changing certain offices from the fee to the salary system in counties or over 200,000 population; and for other purposes.

Senator Scott or the 7th District asked unanimous consent that the Senate stay in session until the special orders of business set for this day be completed and consent was granted.

On the motion by Senator Millican of the 35th Dlstrict,Senator Hart of the 36th District moved the previous question_and the motion prevailed.

The main question was ordered.

On the motion by the Senator or the 35th,Senator Rawlins or the 45th 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:

Beasley Cooper Darden Dennis Duncan Gary Goodwin

Hart Johnston of the 39th Jones Lancaster McGehee McGinty

McLeod McWhorter Millican Rucker Simmons
b"m1th
Turner
Vaughn

Those voting in the negative were Senators:

Atkinson

Carrington

Chappell

850

JouRNAL oF THE SENATE,

Crawford Dickerson Evans Gaskins Harden Johnson of the 31st

Kiker King Kirkland Larsen Lester Milhollin Pope

Ragan Rawlins Scott SKelton Strickland Wright

The roll call was verified.

The ayes were 21, nays 22.

The motion having failed to receive the requisite two-thirds Constitutional majority, was lost.

Senator Millican of the 35th District,announced from his place that he would withdraw his notice of intention to call up House Bill No. 151 and House Bill No. 224 for the purpose of moving they be passed, notwithstanding the veto of the Governo~ and that he would now consider these bills dead.

The following privileged resolutions were read and adopted:

By Senator Cannon of the 40th DistrictA Resolution extending the privileges of the
floor to Honorable Walter Eggett, member of the Royal Flying Corps during the World War.

By Senator Evans of the 29th DistrictA Resolution extend:f.ng the privileges of the
floor to Honorable R.T. Moye of Wrightsville, Georgia.

By Senator Millican of the 35th DistrictA Resolution extending the privileges of the
floor to Mrs. Wm. Lester, wife of the Senator of the 18th District, and tonrs. J.E. Boyd.

Senator Vaughn of the 34th District moved that the

TuESDAY, FEBRUARY 19, 1935.

851

Senate adjourn and the motion prevailed. Senator Larsen of the 16th District arose to a
point of personal privilege and addressed the Senate.
The President announced that the Senate stood adjourned until tomorrow morning at 10 otclock.

852

JouRNAL OF THE SENATE,

Sen~te Chamber,Atlanta, Georgia. Wednesday,February 20,1935.
The Senate met,pursuant to adjournment,at 10 otclock A.M. this day and was called to order by the President.
Prayer was orrered by the Chaplain. Senator Millican or the 35th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted. Senator Hart or the 36th District,Chairman or the Committee on Journals,reported that he had examined the Journal or yesterday's proceedings and round it correct. Senator Millican or the 35th District gave notice that at the proper time he would move to reconsider the action or the Senate on yesterday in sustaining the Governorts veto or House Bill No. 152. Senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted. The Journal. was confirmed. The rollow1ng resolution or the Senate was read and rererred to the Co:rrmittee on Rules: By Senator Strickland or the 3rd DistrictSenate Resolution No. 79. A Resolution establis}l:ing as an order or business immediately arter the period or unt1n1shed business today House Bill No. 163. Senator Scott or the 7th District asked unantmous consent that the Senate adjourn today,at 12:30 ot clock and reconvene at 2 P.M. ror an afternoon session,to adjourn at 4:30 P.M.

WEDNESDAY, FEBRUARY 20, 1935.

853

The consent was granted.

Senator Scott of the 7th District asked unanimous consent that the following be establi~ed as the order of business this morning during the first part of the period of unanimous consents:

1. Introduction of newmatter,underthe rules. 2. Reports of standing committees. 3. Second reading of Senate and House Bills favorably reported. 4. First reading and reference of House Bills.

The consent was granted.

The following resolution of the Senate was read and referred to the Co~ttee on Rules:

By Senator.Smdth of Senate Resolution

the No.

s2o4.th

DistrictA Resolution

establish-

ing as a special order of business for Monday,Feb-

ruary 25th,1mmediately following the first part of

the period of unanimous consents,Senate Bill No.

172.

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

By Senator Rawlins or the 45th Distr1 ctSenate Bill No. 189. A Bill to amend an Act so
as to provide that Insurance Companies of certain classes may be organized w1th a smaller capital . stock or amount of invested assets; and for other purposes.

Committee on Insurance.

By Senator Skelton of the 30th DistrictSenate Bill No. 190. A Bill to :rix the canpensa-
t1on or Tax Receivers and Tax Collectors and Tax Co~ssloners for ~he collection of State Taxes in all cases where such o!t1cials are compensated by salar1ea; and r or other purposes.

Committee on General Judiciary No. 1.

854

JouRNAL or THE SENATE,

By Senator Dennis or the 28th DistrictSenate Bill No. 191. A Bill to amend an Act so
as to provide that there Shall be no Solicitor or the County Court of Putnam County unless the Grand Jury Shall so reconunend;and tor other purposes.
Committee on Counties and County Matters. By Senator Skelton of the 30th District-
Senate Bill No. 192. A Bill to regulate the production,distributian and exhibition of motion pictures in this Btate;and for other purposes.
Co~ttee on General Judiciary No. 1. By Senator Dennis of the 28th District-
Senate Bill No. 193. A Bill to provide for the payment of State,County and School ad valorem taxes in quarterly pay.ments;and for other purposes.
Committee on General Judiciary No. 2. The following Resolution or the Senate was introduced,read the first time and referred to Conmittee: By Senator McWhorter of the 19th Districtsenate Resolution No. 81. A Resolution designating and naming State Highway No. 12 the Alexander H. Stephens Highway. Conm1ttee en Highways and Public Roads. Mr. Goodwin or the 20121 Distr1ct,Chairman or the Committee on PriVileges and Elect1ons,submitted the following report: Mr. President: Your Committee on Privileges and Elections have
had under consideration the tollow1ng Bill ot the
Senate and have instructed me as Chairman, to report the same back to the Senate w1 th the following reconunendations:

WEDNESDAY, FEBRUARY 20, 1935.

855

Senate Bill No. 177,do pass. Respectfully submitted, w~. Goodwin of 20th District, Chairman.
Mr. Rucker of the 50~h District,Chairman of the Committee on University of Georgia and its Branches, submitted the following report: Mr. President:
Your Committee on University of Georgia and its Branches have had under consideration the following Bill of the Senate and have instructed me as CbairDBn1to report the same back to the Sanate with the fol owing recommendations:
Senate Bill No. 154,do pass. Respectfully submitted, Lamar Rucker,of 50th District, Cbatrman.
Mr. Lancaster of the lOth District,Cha.irman of the Committee on Insurance,submltted the following report: Mr. President:
Yom" Committee on Instn-ance 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 following recommendations:
House Bill No. 344,do pass. Respeettully submitted
P.Mc.mL1arnmcaans.ter of lOth District,
Mr. Lancaster of the lOth District,Chair.man of the Committee on Insurance,subm1tted the following report:

856

JouRNAL oF THE SENATE,

Mr. President:

Your Conunittee on Insurance have had under consideration the following Bill and amendment or the Senate and have instructed me as Chairman, to report the same back to the Senate with the following reconnnendations:

Senate Bill No. 13l,do pass,as amended.

Respectfully submitted, P.M. Lancaster of lOth. District, Chairman.

Mr. Beasley of the 2nd Distr1ct,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 ot the Senate and have inst.ructed me as Chairman, to report the same back to the Senate with the following recommendations-:

Senate Bill No. 165,do pass. Senate Bill No. 170,do pass. Senate Bill No. 17l,do pass.

Respectfully submitted, Beasley of 2nd District, Chairman.

l"lr. Vaughn or the 34th D1strict,Chairman or the

Committee on Specia1Judiciary,subm1tted the fol-

lowing report:



Mr. President:

Your Committee on Special Judiciary have had under consideration the tollow1ng Bills or the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the

WEDNESDAY, FEBRUARY 20, 1935.

857

following recommendations:

Senate Bill No. 94,do pass. Senate Bill No. 180,do pass. Senate Bill No. 182,do pass. House Bill No. 596,do pass. House Bill No. 604,do pass. House Bill No. 210,do pass. House Bill No. 452,do pass.

Respectfully submitted, Vaughn of 34th District, Chairman.

Mr. Milhollin or the 46th District,Chair.man or the Committee on Agriculture,submitted the following report:

Mr. President:

Your Committee on Agriculture have had under consideration the following Bill or the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 163,do pass.

Respectfully submitted, Milhollin or 46th District, Chairman.

Mr. E. R. King or the 11th Distrtct,Chairman o:r the Committee on Education submitted the following report:

Mr. President:

Your Committee on Education have had under con-

sideration the following Bill or the Senate and

have back

instructed me to the Senate

wasithChtahiremaron1ltoowriengporretcotmhme esnadm-e

ations:

858

JouRNAL oF THE SENATE,

Senate Bill No. 72,do pass. Respectfully submitted, E.R. K1ng,of 11th District, Chairman.
Mr. w.w. Larsen Jr. of the 16th District,Chair-
man of the Committee on Judiciary No. 2.,sutm1tted
the following report: Mr. President:
Your Conmittee on Judiciary No. 2 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 following recommendations:
Senate Bill No. 47,do pass. Senate Bill No. 46,do pass. Senate Bill No. 16l,do pass.
Reswp.ewc.tfLuallrysensuJbrm.itotefdisth District,
Chairman. The following IJBssage 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,and Park:er,of Colquitt: House Resolution No. 164. A Resolution that the General Assembly do adjourn February 20th until February 25th at 10 A.M. The follow:l.ng Bills of the Senate,favorably reported by Comm1ttees1were read the second time:

WEDNESDAY, FEBRUARY 20, 1935.

859

By senator Lester or the 18th DistrictSenate Bill No. 46. A Bill to amend an Act to
provide the pooers and duties or Judges; providing tor cause or new trial; providing tor impanelling juries and felony cases;and far other purposes.

By Senator Lester of the 18th DistrictSenate Bill No. 47. A Bill to amend the laws re-
lating to practice and procedure in criminal cases in the courts or this State;and tor other purposes.

By Senator Redwine of the 26th District;Senator King or the 11th District;Senator Pope ot the 15th Districtj_Senator Beasley or the 2nd Distr1ct;and Senator ~dentield or the 4th District-
Senate Bill No. 72. A Bill to improve the Public Schools of. the State,make them more e!!1cient and less expensive;and tor other purposes.

By Senator Scott or the 7th District and Senator Rawlins-or the 45th District-
Senate Bill No. 94. A Bill to amend an Act reglllating the licensing and practicing or Chiropody; and !or other purposes.

By Senator Lancaster or the lOth DistrictSenate Bill No. 131. A Bill to amend an Act to
regulate the business or !ire and casualty insurance in this State;and !or other purposes.

By Senator Rucker or the 50th DistrictSenate Bill No. 154. A Bill to amend an Act fix-
ing the fiscal year of the Regents of the University System;and tor other purposes.

By Senator Rawlins or the 45th District-

Senate Bill No. 161. A Bill to amend an Act which

prescribes those who shall be subject to road duties;

and !or other purposes.



By Senator King o! the 11th DistrictSenate Bill No. '165. A Bill to increase the Sys-
tem o! State-Aid Road by adding from Route No. 39 at Fort Gaines,to State Highway Route No. 1 at

860

JouRNAL OF THE SENATE,

Blakely,Georgia; and tor other purposes.
BY Senator Vaughn ot the 34th District-
senate Bill No. 170. A Bill to amend an Act known as the Neil-Traylor Act and the map or the state-aid system ot roads ther~to attached;and tor other purposes.
BY Senator Scott ot the 7th District-
Senate Bill No. 171. A Bill to amend an Act so as to add to the Neil-Traylor Map a road beginning at the point in the City or Thamasville,Thomas County where the A.C .L. Railroad Company crosses.

By Senator Larsen ot the 16th DistrictSenate Bill No. 177. A Bill to provide that an
election tor the Office ot Lieutenant-Governor shall be first held at the next general election after the approval at this Act;and tor other purposes.

BY Senator Vaughn or the 34th District and Senator

Atkinson or the 1st District-



Senate Bill No. 180. A Bill to amend the Code

ot Georgia ot 1933 Section 114-405 by striking

the word "average" and inserting in lieu thereot

the word "regular ;and tor other purposes. "

By Senater Johnson ot the 31st District-

Senate Bill No. 182. A Bill to reduce the bond

ot the Sheriff or Stephens County,Georg1a;and tor

other purposes.

.

The following Bills or the House,ravorably reported by Commit tees,were read the second time:

ayMessrs.Colaman and Edwards ot Lowndes: House Bill No. 210. A Bill to amend an Act es-
tablishing the City Court ot Valdosta; and tor other purposes.

B.Y Messrs. Hartstield,Almand and Ramsey or Fulton: House Bill No. 344. A Bill to amend an Act
establiShing a new Charter'tor the City or Atlanta

WEDNESDAY, FEBRUARY 20, 1935.

861

authorizing Group Insurance tor Employees; and !or other purposes.

By Mr. Bush or MillerHouse Bill No. 452. A Bill to abolish the City
Court o! Miller County; and !or other purposes.

By Mr. Sutton or WilkesHouse Bill No. 596. A Bill to amend an Act cre-
ating a County Depository or Wilkes County;and !or other purposes.
I
By Messrs. Groover,Davis and Terrell o! TroupHouse Bill No. 604. A Bill to amend an Act cre-
ating the City Court or La.Grange;and tor other purposes.

Senator Vaughn or the 34th District moved that when the Senate adjourned at 12:30 otclock today that it stand adjourned until tomorrow morning at 10 o'clock.

The motion was lost.

The following resolution or the House was read ~d adopted:

By Messrs. Harris o! Richmond and Parker o:r Col-

quitt-

.

House Resolution No. 164. A Resolution Providing

that the General Assembly do adjourn February 20th

until. February 25th at 10 ot clock A.M.

Senator Scott or the 7th District asked unanimous consent that the Senate take a five minutes recess in order that the Committee on Rules might meet.

Consent was granted.

The President called the Senate to order.

Mr. Scott o! the 7th D1s~r1ct,V1ce-Ghairman o! the Committee on Ru1es,subm1tted the following report:

862

JouRNAL oF THE SENATE,

Mr. President:

Your Committee on Rules have had under consideration the following Resolution of the Senate and have instructed me as Vice-Ghairman,to report the same back to the Senate with the following recommendation:
Senate Resolution No. 79,No. BO,do pass.

Reswp.eFc.tfsuclolyttsuobf m7itthtedDistrict,
Vice-Chairman

Senate Resolutions No. 79 and 80, resolutions establishing orders ot business,be1ng favorably reported by the committee,were read and adopted.

Under the head of unfiniShed business the Senate took up tor consideration the following resolution and bill of the Senate to-wit:

By Senator Larsen of the 16th District-

Senate Resolution No. 38. A Resolution amending

the Constitution ot t non-productive lands

hfoe rStthaetegorotwGinegorogtiatt~obeerxemtrpatm

ad valorem taxation;and for other purposes.

Senator Millican ot the 35th District moved the previous quest~on and the motion prevailed.

The main question was ordered.

toTthheereppasosratgeototthtehecormemsoitltueet1wonh,iwchaswaags refaevdotroab. le

On the passage ot the resolution,being an amendment to the Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Atkinson Beasley Cannon

Chappell Cooper Dickerson

Edenfield King Kirkland

WEDNESDAY, FEBRUARY 20, 1935.

863

Larsen Lester McGinty

McLeod McWhorter Millican

Pope Rawlins Skelton

Those voting in the negative were Senators:

Almon

Johnston or the 39th Rucker

Carrington

Jones

Simmons

Crawford

Kiker

Strickland

Duncan

Lancaster

Thomas

Evans

McGehee

Turner

Gaskins

Milhollin

Vaughn

Goodwin

Ragan

Wright

Johnson of the 31st

The roll call was verified.

The ayes were 18, nays 22.

Not voting were: Senators Clark or the 44th Distr1ct,Darden of the 51st District,Dennis o! the 28th District,Gary or the 12th District,Harden of the 47th District,Hart o! the 36th District,Scott or the 7th District and Smith or the 24th District.

The resolution having !ailed to receive the requisite two-thirds Constitutional majority,was los~

Senator Clarke or the 44th District asked unanimous consent that he be granted a leave or absence on account or illness,and that the Secretary or the Senate be authorized and instructed to record the Senator or the 44th as voting aye on House Bill No. 163 and as voting nay on all amendments to said bill.

The consent was granted.

By Senator Millican or the 35th DistrictSenate Bill No. 79. A Bill providing that when
any security deed or mortgage is foreclosed the land described in such deed or mortgage shall no longer constitute a lien against the person giving such security deed or martgage;and tor other purposes.

864

JouRNAL OF THE SENATE,

The substitute,as amended,having already been adopted,the report of the comm1ttee,wh1ch 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 29,nays 2.
The bill by substitute,as amended,having received tne requisite Constitutional majority,was passed.
Senator Millican of the 35th District asked unan-
imous consent that Senate Bill No. 79 be immediately transmitted to the House and consent was granted.
The following bill of the House,having been made a special order of the day,was read third ttme and put upon its passage: B.Y Messrs.Jackson of Blackley and Rivers of Lanier-
House Bill No. 163. A Bill to be entitled an Act to provide for State Farmers' Markets under direction of the Connnissioner of Agriculture;to proVide powers and duties of the Connntssioner of Agriculture,and. for other purposes.
Senator Millican of the 35th District offered an amendment which he later withdrew.
Senator Dennis of the 28th District moved that Senate do adjourn until 2 otclock P.M.,this day, and the motion prevailed.
The President announced the Senate adjourned until 2 otclock P.M., this day.
AFTERNOON SESSION
The Senate met at 2 otclock this afternoon and was called to order by the President.
Consideration of the following bill of the House was resmned: B.Y Messrs. Jackson of Blackley and Rivers of Lanier. House Bill No. 163. A Bill to be ent1 tled an Act

WEDNESDAY, FEBRUARY 20, 1935.

865

to provide for State Farmers Markets under direction of the Commissioner of Agriculture;to provide powers and duties of the Commissioner of Agriculture,and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 33, nays 1.

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

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

By Senator Jones of the 17th DistrictSenate Resolution No. 70. A Resolution to author-
ize the President of the Senate to appoint two delegates to the Second Interstate Assembly of the American Legislators Association; and for other purposes.

The report of the cammittee,Which was favorable to the passage of the resolution,was agreed to.

On the 29, nays

poa. ssage

of

the

resolution

the

ayes

were

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

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

By Senator Millican of the 35th DistrictSenate Bill No. 105. A Bill providing a penalty
for the reporting of false fire alarms;and for other purposes.

The report of the committee,which was favorable to the passage of the b1ll,was agreed to.

866

JouRNAL oF THE SENATE,

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

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

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

Mr. President:

The House has passed by the requisite Constitutional majoritf the following Bills and Resolutions ot the House to wit-

By Mr. Hartsfield or FultonHouse Resolution No. 166. A Resolution authoriz-
ing the State Librarian to sell the new 1933 Code to members or the General Assembly at Wholesale cost.

By Mr. Harrison o! Crawford. House Bill No. 216. A Bill to be entitled an Act
to amend Section 34-1302 or Chapter 34-13 of the Code of Georgia of 1933;to provide that in counties of 7,000 to 7,050 population the polls at the Court Houses of such counties shall open and close at the same t~e of day as at the precincts,and for other purposes.

By Messrs. Stephens and Hogan of Laurens. House Bill No. 309. A Bill to be entitled an Act
to amend an Act entitled an Act ~o establish a Board of three Commissioners of Roods and Revenues 1li and !or the County of Laurens,and tor other purposes.

The following resolution of the Senate was read and referred to the committee on Rules:

By Senator Lester of the 18th DistrictSenate Resolution No. 82 . A Resolution estab-
liShing as an order of business at this time,this arternoon,local bills and general bills with local application.

WEDNESDAY, FEBllUAllY 20, 1935.

867

Senator Lester of the 18th District askedunan1mous consent that the Senate take a five minutes recess in order that the Rules Comrn1ttee might meet,and consent was granted.

The President called the Senate to order.

Mr. Scott of the 7th District,Vice-Chairman of the Committee on Rules,submitted the following report:

Mr. President:

Your Committee on Rules have had under consideration the following Resolution of the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:

Senate Resolution No. 82,do pass.

Respectfully submitted, W.F. Scott of 7th District, Vice-Chairman.

Senate Resolution No. 82 having been favorably rePorted by the committee was read and adopted.

The f9llowing local uncontested bills or the . Senate and House were read th!rd time and put upon the1r passage:

By Senator Millican of the 35th DistrictSenate Bill No. 143. A Bill to be entitled an
Act to amend an Act entitled An Act relating to the abolition of justice courts and the office of justice of the peace in certain counties";and tor other purposes.

The report of the canm1ttee, which was favorable to the passage or the b1ll,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

29,

868

JouRNAL OF THE SENATE,

The bill having received the requisite Constitutional majority,was passed. By Senator Millican o! the 35th District-
Senate Bill No. 159. A Bill to amend an Act establishing a new Charter tor the City ot Atlanta, approved February 28th,l874;and tor other purposes.
The committee offered the following amendment: By adding a new section to be known as Section 3 as follows: "That any person Who holds a commission in the National Guard ot Georgia or United States Officers Reserve or any person enlisted in the National Guard ot Georgia shall be eligible to hold any ot!ice,position ot honor or trust or employment in the municipal Government ot Atlanta." Further amend Senate Bill No. 159 by addiili and
numbering a repealing clause "4" instead o! 3".
The committee amendment was adopted. The report o! the committee,which was favorable to the passage o! the bill,as amended,was agreed to. On the passage o! the bill,as amended,the ayes
were 28,nays 9
The bill,as amended,having received the requisite Constitutional majority,was passed. By Senator Cooper o! the 22nd District-
Senate Bill.No. 169. A B111 to amend an Act to establish the City Court o! Macon in and tor the County o! Bibb;to de!ine its jurisdiction and powers and provide tor the appointment o! a judge and the other o!!icers;and tor other purposes.
The report ot the cammittee,which was favorable to the passage o! the bill,was agreed to.

WEDNESDAY, FEBRUARY 20, 1935.

869

On the passage of the bill the ayes were 39,
nays o.

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

By Mr. Freeman or EarlyHouse Bill No. 40. A Bill to be entitled an Act
to amend an Act fixing the Salary or the County Treasurer or Early County; and for other purposes.

The report of the commdttee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

28,

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

By Mr. Freeman of EarlyHouse Bill No. 41. A Bill to be entitled an Act
to repeal an Act entitled an Act to abolish the office of County Treasurer of Early County,and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

o..On the passage of the bill the ayes were 28,nays

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

By Mr. Williams of BaconHouse Bill No. 66. A Bill to be entitled an Act
to amend an Act to abolish the office of Treasurer of Bacon County,Georg1a,and far other purposes.

The report of the camm1ttee,which was favorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

29,

870

JouRNAL OF THE SENATE,

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

By Mr. Williams o:r BaconHouse Bill No. 67. A Bill to be entitled an Act
to reduce the official bond of the sheri!! of Bacon County,and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

0:..1
nays

toh. e

passage

o:r

the

bill

the

ayes

were

28,

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

By Messrs.Woods and Spivey of EmanuelHouse Bill No. 97. A Bill to be entitled an Act
to amend an Act to establish the City Com-t o:r Swainsboro;county o:r Emanuel,and :tor o~ner purposes.

The report o:r the cammittee,which was tavarable to the passage o:r the bill,was agreed to.

On nays

toh. e

passage

o:r

the

bill

the

ayes

were

29,

The bill having received the requisite Const1tut1 onal maj or1ty,was passed.

By Hr. Warnel o:r BryanHouse Bill No. ll4. A Bill to be entitled an
Act to require certain officers o:r Bryan County to furnish and give bond;and :tor other purposes.

The report o:r the cammittee,wh1ch was favorable to the passage of the bill,was agreed to.

On nays

to' h. e

passage

ot

the

bill

the

ayes

were

29 1

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

WEDNESDAY, FEBRUARY 20, 1935.

871

By Mr. Leomrd of WalkerHouse Bill No. 148. A Bill to be entitled an Act
to amend an Act to abolish the existing Board of Roads and Revenues or Walker County,and create a Board of Commissioners for Walker County,and for other purposes.

The report of the committee;which was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

30,

The bill having received the requisite Constitutional majorlty,was passed.

By Mr. Williams of JonesHouse Bill No. 169. A Bill to be entitled an
Act to reduce the amount of the Bond of the Sheriff ot Jones County, and tar other purposes.

The report of the co.mmittee,which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

30,

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

By Mr. Shedd or WayneHouse Bill No. 172. A Bill to be entitled an.Act
to amend an Act establishing the City Court of Jesup in and for the County of Wayne,and for other purposes.

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 29,nays o.

The bill having received the requisite Constitutional majorlty,was passed.

872

JouRNAL oF THE SENATE,

By Mr. Moore of HaralsonHouse Bill No. 219. A Bill to be entitled an Act
to amend an Act to create a Board of Commissioners for Haralson County; and for other purposes.
The committee offered the following, amendments: House Bill No. 219 is hereby amended by striking the provisions of section 10 thereof, and inserting in lieu thereof the following: Be it enacted by the authority aforesaid that section 11 of said Act be and the same is hereby repealed and the following substituted in lieu thereof: Said commissioner shall be elected at the same time and place as other county officers of said county. Upon receipt of his commission,taking the oath,and giving bond,he shall at once enter upon his duties as the duly constituted Commissioner of Roads and Revenues of said county. He shall give his personal attenti~n to the duties of supervising the public roads of said county,and shall receive a salary of $1500.00 per annum,which he shall pay by order,duly signed,quarterly during each year;and he shall also,in addition to the above salary,receive $1.00 per day for each day he uses his car in the performance of his official duties. He shall be allowed $25.00 per month for the salary of his clerk. He shall meet at 9 o'clock A.M. on the first Tuesday of each month,and may adjourn to a subsequent day,or he may,in his discretion, call a special meeting of the Board when an extraordinary reason exists. Said bill is further amended by striking the provisions of section 14 thereof,and inserting in lieu thereof the following: Provided that the provisions of this bill Shall not become effective until the expi~atlon of the present term of the Board of Commissioners of Roads and Revenues of said county who shall continue to hold said office until December 31,1936. But said one commissioner shall be elected as other county officers at the general election on the 1st Tuesday in November,

WEDNESDAY, FEBRUARY 20, 1935.

873

1936,his term or office beginning January 1,1937.

Said bill is further amended by adding a new section thereof to be known as section lS,as follows: Be it turther enacted by the authority aforesaid that all laws or parts or laws in ct>n!lict w1 th this Act be and the same is hereby repealed.

The committee amendments were adopted.

The report or the committee,which was favorable to the passage or the bill,as amended,was agreed to.

On were

2th9e,napyasssaog.e

or

the

bill,as

amended,the

ayes

C

The bil onstitut

l,as iona

lammaejnodre~d~1yh,awvainsgpraescseeidv.e

d

the

requisite

By Mr. Hammock or RandolphHouse Bill No. 269. A Bill to repeal an Act
creating a Board or Commissioners or Roads and Revenues !or the County or Randolph;and !or other purposes.

The report or the co~ttee,which was favorable to the passage ?! the bill,was ~greed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

29,

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

By Mr. Whitm1re of DawsonHouse Bill No. 318. A Bill to be entitled an Act
to repeal an Act to create a Board or Commissioners of Roads and Revenues of Dawson County,and !or other purposes,approved July 31,1925,w1th all amendments thereto,and ror other purposes.

The report or the comm1ttee,Which was favorable to the passage or the bill,was agreed to.

874

JouRNAL OF THE SENATE,

On nays

toh. e

passage

or

the

bill

the

ayes

were

29,

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

By Messrs. Griffin and Mills o! DecaturHouse Bill No. 367. A Bill to be entitled an Act
to create a Board or Commissloners or Roads and Revenues !or the County o! Decatur,State o! Georgi~ and rar other purposes.

The committee offered the !allowing amendment:

By striking Section 8 or said bill in its entirety,and substituting in lieu thereof a new Section 8 to read as follows:

"Sect! on 8.. All or said Board or Commiss1 oners or Roads and Revenues shall be paid out o! the County Treasury or said County a per diem of $3.00 per day !or each day or their services rendered to said county,the same to be paid monthly."

The committee amendment was adopted.

The report or the comm1ttee,which was favorable

to the passage or the bill,as amended,was agreed

to.



On were

3t h9e,napyasssaog. e

or

the

bill,as

amended,the

ayes

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

By Mr. Swann of GradyHouse Bill No. 369. A Bill to be entitled an Act to amend the Act creating the C1 ty Court o:r Cairo and amendments thereto,and !or other purposes.

The report or the comm1ttee,wh1ch was favorable to the passage or the b1ll,was agreed.to.

WEDNESDAY, FEBRUARY 20, 1935.

875

o.on the passage of the bill the ayes were 29,nays

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

By Mr. Swann of GradyHouse Bill No. 370. A Bill to be entitled an Act
to amend an Act approved August 24,193l,creat1ng the office of Grady County Tax Comm1ss1oner,and for other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the b1ll,was agreed to.

On the passage of the bill the ayes were 29, nays o.

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

By Mr. Sal.ter of BakerHouse Bill No. 375. A Bill to be entitled an Act
to provide for the payment of actual cost incurred in the Super! or Court of Baker County for the trial and conviction of conv1cts,and for other purposes.

The report of the camm1ttee,which was favorable to the passage of the b1ll,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

30,

The bill having received the requisite Constitutional majority) was passed.

By Mr. Salter of BakerHouse Bill No. 376. A Bill to be entitled an Act
to amend an Act approved.August 8th,l917 entitled
"An Act to create a Board of Commissioners of Roads and Revenues tor Baker County:and tor other purposes.

The committee offered the following amendment:

876

JouRNAL OF THE SENATE,

By adding at the bottom of Section 1 the words "But in no case shall the County Comrrdssioners receive ~Y for more than three meetings in any one month".

The amendment was adopted.

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

On were

the 29,

npaaysssagoe.

of

the

bill,as

amended,the

ayes

The Const

ibtuiltlio,ansalammaejnodreid~1yh,awvainsgpraescseeidv.e

d

the

requisite

By Messrs. Lanier,Harris and Barrett of RichmondHouse Bill No. 424. A Bill to be entitled an Act
to abolish the office of Chairman of Board of Cammissioners of Roods and Revenues of Richmond County, and for other purposes.

The report of the committee,which was favorable to.the passage of tbe bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

30,

The bill having received the requisite Constitutional majority was passed.

By Messrs. Camp and Garrett of CarrollHouse Bill No. 437. A Bill to be entitled an Act
to amend the Act of 193l,page 405 entitled an Act to consolidate the office of Tax Collector and Tax Receiver in Carroll County,Georg1a,and for other purposes.

The report of the comndttee,which was favorable to the passage of the b1ll,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

WEDNESDAY, FEBRUARY 20, 1935.

877

The bill having received the requ1s1te Constitutional majority, was passed.
The following resolution of the Senate was read third time and put upon its passage: By Senator Beasley of the 2nd District-
Senate Resolution No. 27. A Resolution authorizing the State Highway Department to purchase and retire bonds or the Cedar-Haw School District;and tar other purposes.
The report or the committee which was favorable to the passage or the resolut!on,was agreed to.
On the passage or the resolution the ayes were
26,nays o.
The resolution having received the requisite Constitutional majority,was passed.
The following general bills or the House and Senate_ with local application were read third time and put upon their passage: By Senator Scott ot the 7th District,Senator Vaughn ot the 34th District,Senatar Rawlins of the 45th District,and Senator Edenfield or the 4th District-
Senate Bill No. 57. A Bill to amend the Code or Georgia or 1910 providing tar the selection by the Governor or banks in certain cities and towns as State Depos1tor1es;and tor other purposes.
The report or the committee,whtch was favorable to the passage or the bill,was agreed to.
o.On the passage or the bill the ayes were 26,nays
The bill having received the requisite Constitutional majority,~s passed. By Senator Almon or the 37th District-
Sanate Bill No. 88. A Bill amending an Act re-

878

JouRNAL OF THE SENATE,

organizing and re-constituting the State Highway Department;and !or other purposes.

The report or the committee,Which was favorable to-the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

26,

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

By Senator Gaskins o! the 6th DistrictSenate Bill No. 110. A Bill to be entitled an Act
amending the Traylor-Neill Bill so as to add to said map a road beginning in Nashville,Berrien County,Georgia;and !or other purposes.

The report or the committee,Which was ravorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

29,

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

By Mr. Weathers o! JenkinsHouse Bill No. 17. A Bill to authorize Counties
or a certain population to acquire land tor the purpose or creating public parks,and !or other purposes.

The report or the COIIDD.ittee,whtch was ravorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

Z7,

The bill having received the requisite Constitu-

tional majority,was passed.

.

By Williams o! BaconHouse Bill No. 64. A Bill to be entitled an ~ct

WEDNESDAY, FEBRUARY 20, 1935.

879

to authorize Boards or County Camnissioners in counties or certain population to prescribe by proper resolution the time that the Chairman or such Boards shall devote to County business,and tar other purposes.

The report or the co~ttee,Which was favorable to the passage or the bill,was agreed to.

On
nays

the
o.

passage

or

the

bill

the

ayes

were

29,

The bill having received the reqUisite Constitutional majority,was passed.

By Messrs. Ramsey,Almand and Hartsfield of FultonHouse Bill No. 3Q3. A Bill to be entitled an Act
to amend an Act approved August 20,1929,authoriz1ng creation or retirement funds tor county teachers in counties or a certain population,and tor other purposes.

. The report of the comm1t tee,wh1 ch was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 30, nays o.

The bill having received the requisitb Constitutional majority,was passed.

By Messrs. Lanier,Harrts and Barrett of Richmond-

House Bill No. 408. A Bill to be entitled an Act

toor

fix the salaries or County Officers in counties a certain population,and tor other purposes.

The report or the co~1ttee,wh1ch was favorable

to the passage of the bill,was agreed to.

nayOsnot.he passage o:r the bill the ayes were 28,
The bill having received the requisite Constitutional :ma.jority,was passed.

880

JouRNAL OF THE SENATE,

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

By Senator Edenfield of the 4th DistrictSenate Bill No. 106. A Bill to amend Title 43~
Chapter 43-2 of the Code of Georgia of 1933,authorizing the State Commission ot Forestry and Geological Development to establish state parkB;and tor other purposes.

Senator Atkinson of the 1st District asked unanimous consent that action on Senate Bill No. 106 be posponed until it was reached on the calendar Monday,February 25,due to the absence of the author at this t1me,and consent was granted.

By Senator Skelton of the 30th DistrictSenate Bill No. 107. A Bill to amend Section
113-1508 of the Code of Georgia of 1933 so as to provide the rank of claims for unpaid taxes due counties and municipalities of this State;and tor other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

26,

The bill having received the requisite Constitutional majorlty,was passed.

By Senator Vaughn of the.34th DistrictSenate Bill No. 108. A Bill to be entitled an
Act to provide tor a joint cqntrol between Sureties fiduciary in fiduciary matters;and for other purposes.

WEDNESDAY, FEBRUARY 20, 1935.

881

Senator Hart ot the 36th District moved the previous question and the motion prevailed.

A motion to adjourn was lost.

The report ot the committe,which was favorable to the passage ot the Bill,was agreed to.
On the passage ot the Bill the ayes were 32, nays 3.

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

Senator Vaughn ot the 34th District asked unanimous consent that Senate Bill No. 108 be immediately transmitted to the House and consent was granted.

Mrs. J.A. Rolllson,President of the Georgia Affiliated Democratic Womens Club,of Waycross,Georgia,was introduced to the Senate by the President.

The President announced as a committee,under the

provisions the Second

of Senate Resolution No. Interstate Assembly ot th

e70A1 mtoeriactatne

n

d

Legislators Association in Washington the follow-

ing:

Senator Hart of the 36th Dlstrict,and Senator Jones of the 17th District.

Leave ot absence was granted Senator Millican ot the 35th District on February 25th through the 28th on account ot important business.

The following privileged resolutions were read and adopted:

882

JouRNAL or THE SENATE,

By Senator Kirklana of the 49th DistrictA Resolution extending the privileges of the
floor to Mrs. Dixon H. Smith, wife of the Senator of the 24th District.

By Senator Smith of the 24th DistrictA Resolution extending the floor to Honorable
Walter King of Cuthbert,Georgia.

By-Senator Beasley of the 2nd DistrictA Resolution extending the privileges of the
floor to Honorable H.H. Bell of Augusta,Georgta.

By Senator Atkinson of the 1st District-
floAoRr etsoolMutriso.nwe.wxt.enLdairnsgent,whe1fperioVf itlheegeSs eonfattohreof
the 16th District.

By Senator Redwine of the 26th DistrictA Resolution extending the privileges of the
floor to Honorable Walter Andrews,a former member of this body, from Roberta,Georgia.

By Senator Kirkland of the 49th DistrictA Resolution extending the priVileges of the
floor to Mrs. Frank Denn1s,wife of the Senator of the 28th District.

By Senator Gaskins of the 6th DistrictA Resolution extending the privileges of the
floor to Honorable J.C. Thomas and Honorable S.J. Baker, citizens of Berrien County.
Senator McGehee of the 25th District moved that the Senate Adjourn and the motion prevailed.

WEDNESDAY, FEBRUARY 20, 1935.

883

The President announced that the Senate stood adjourned until 10 otclock Monday,February 25th.

884

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, February 25, 1935.
The Senate met,pursuant to adjournment,at 10 o'clock A~M. this day and was called to ordeP by the President.
Prayer was offered by Dr.Osa P.Gilbert,Editor of the Christian Index.
Senator Simmons of the 8th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted.
Senator Hart of the 36th District,Chalrman of the Commdttee on Journals,reported that he had examined the Journal of the preceeding session and found it correct.
Senator Larsen of the 16th District gave notice
ot a motion to reconsider the action of the Senate
in defeating Senate Resolution No. 38. Senator Pope of the 15th District asked unanimous
consent that the reading of the Journal be dispensed with and consent was granted.
Senator Lester of the 18th District moved that the Senate reconsider its action in passing Senate Bill No. 143, regarding the abolition of Justice Courts, etc.,in the City of Atlanta,in order that an error therein may be corrected.
The motion prevailed. Senator Lester of the 18th District moved that the Senate reconsider its action in passing Senate Bill No. 88, re-organizing tne State Highway Department,in order that an error therein may be corrected. The motion prevailed.

MoNDAY, FEBRUARY 25, 1935.

885

The Journal was confirmed.

Senator Lester or the 18th District asked unanimous consent that the tollowingbe established as the order or business tor today,tollowing the first part or the period or unanimous consents:

1. Introduction_or new matter,under the rules. 2. Reports or standing commit~ees. 3. Second reading or Senate bills favorably reported. 4. Third reading and passage or uncontested Senate local bills and resolutions,and Senate general bills with local application. 5. Messages from the Governor. 6. Putting on their passage general Senate Bills ready tor third reading.

The consent was granted.

Senator Lancaster or the lOth District asked unanimous consent that Senate Bill No. 131 be recommitted to the Committee on Insurance.

The consent was granted.

Senator Larsen or the 16th District arose in his place and stated that he understood the Home Exemption bill was being held up from consideration.

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

By Senator Scott ot the 7th District;Senator Lester

ot the 18th District-



Senate Resolution No. 83. A Resolution providing

tor the pro rata reduction or appropriations in the

event or a deficit in the cash funds available to

pay appropriations; and tor other purposes.

Committee on Amendments to the Constitution.

Mr. Beasley or the 2nd District,Chairman or the

886

JouRNAL OF THE SENATE,

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 of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 184, do pass. Senate Resolution No. 81, do pass.
Respectfully submitted, Beasley of 2nd District, Chairman.
Mr. Cooper of the 22nd District Chairman of the Committee on Municipal Government submitted the following report: Mr. President:
Your Committee on.MUnicipal Government have had under consideration the following bills of the House and Senate and have instructed me as Chai~ to report the same back to the Senate with the following recommendations:
House Bill No. 179, do pass. House Bill No. 520, do pass. House Bill No. 349, do pass. House Bill No. 526, do pass. House Bill No. 292, do pass. House Bill No. 608, do pass. House Bill No. 63, do pass,by substitute.
Respectfully submitted, Cooper of 22nd District, Chairman.
Senator Smith of the 24th District asked unanimous consent that House Bill No. 63 be re-committed

MoNDAY, FEBRUARY 25, 1935.

887

to the Committee on Municipal Government.

The consent was granted.

The following bill ot the Senate ,favorably reported by Cammittee,was read the second ttme:

By Senator A~on ot the 37th District;Senator 'McWhorter or the 19th District-..
Senate Bill No.l84. A Bill to amend an Act approved August 18,1919~entitled "An Act to reorganize and reconstitute the ~tate Highway Department ot Georg1a; 8 and !or other purposes.

The following resolution ot the Senate,tavo~ably reported by Cammittee,was read the second tDne:

By Senator Mcrfuorter ot the 19th DistrictSenate Resolution No.al. A Resolution designating
and naming State Highway No.l2 the Alexander H. Stephens Highway; and tor other purposes.

The following local bills of the Senate,having been reconsidered,were taken up tor consideration:

By Senator Almon of the 37th District-

Senate Bill No.aa. A Bill to be entitled an Act

to amend an Act entitled: An Act to re-organize and

re-constitute the State Highway Department of Geor-

gia,etc.,and tor other purposes.



Senator Lester o:r the 18th District offered the following amendment:

By adding a new section,to be numbered Section 2, as follows:

"Section 2: Be it further enacted: That all laws

and parts ot laws in conflict with this Act ba,and

the same are,hereby repealed."



The amendment was adopted.

The report o:r the committee,which was favorable to

888

JouRNAL oF THE SENATE,

the passage o! the bill,as amended,was agreed to.

On
nay~

oth.e

passage

o!

the

bill ,as

amended,the ayes

26,

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

By Senator Millican of the 35th DistrictSenate Bill No.l43. A Bill to amend an Act re-
lating to the abolition of justice courts,etc.,in the C!~y of Atlanta;and tor other purposes.

Senator Lester o! the 18th offered the following amendment:

By adding another Section to be numbered "Section 171! as follows:

"Section 17: Be it further enacted,that all laws and parts o! laws in conflict with this Act be,and the same are ,hereby repealed."

The amendment was adopted.

The report o! the committee,which was favorable to the passage o! th~ bill,as amended,was agreed to.

on
were

2t h9e,napyasssaog. e

o!

the

bill,as

amended,the

ayes

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

The tollo~ng local bill o! the Senate was read
third ttme and put upon its passage:

By Senator Goodwin of the 20th DistrictSenate Bill No.l51. A Bill to provide !or the
creation of a Public Utilities Department tor the City o! Sandersville,Washington County,Georgia;and tor other purposes.

Senator Goodwin or the 20th District offered the

MoNDAY, FEBRUARY 25, 1935.

889

following amendment: To amend Section 6,Paragraph l,by striking the
words wtelephone" and "telegraph" where same occur, and add the following proviso at the end or Section
2:
"Nothing in this Act shall be construed as vesting any authority in said Board to construct,opera~ maintain or regulate any telephone or telegraph system in said city."
The amendment was adopted. The report or the committee,which was favorable to the passage or the bill,as amended,was agreed to. On the passage or the bill,as amended,the ayes 28,
nays o.
The bill,as amended,having received the requisite Constitutional majority,was passed.
The following general bills or the Senate with local application were read third t~e and put upon their passage: By Senator King or the 11th District-
Senate Bill No.l65. A Bill to be entitled an Act to increase the System or State-Aid roads by the addition or a road trom State Highway or Route No. 39 at Fort Gaines,Georgia,to State Highway or Route No.1 at Blakely,Georgia.
The report or the cammittee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 28 ,nays o.
The bill having received the requisite Constitutional majority,was passed. B,y Senator Vaughn ot the 34th District-
Senate Bill No.l70. A Bill to amend the Highway

890

JouRNAL OF THE SENATE,

Mileage Act known as the Neill-Traylor Act;and tor other purposes.
The report ot the cammittee,which was favorable to . the passage or the bill ,was agreed to.
On the passage or the bill the ayes were 28,nays a.
The bill having received the requisite Constitutional majorit,y,was passed.
BY Senator Scott ot the 7th District-
Senate Bill No. 171. A Bill to amend an Act adding to the Traylor-Neill Act a road beginning at a point in the Ci t.Y ot Thomasville, Thomas County, Georgia where the A.C.L.Railroad crosses;and !or other purposes.
The report o! the committee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 28,nays~ The bill having received the requisite Constitutional majority was pas~ed.
BY Senator Johnson ot the 31st District-
Senate Bill No. 182. A Bill to reduce the bond o! the Sheri!! or Stephens County from the amount ot $10,000.00 to $3,ooo.oo;and tor other purposes.
The report or the committee,which was favorable to the passage or the bill,was agreed to.
On the passage ot the bi 11 the ayes were 30,nays o. The bill having received the requisite Constitutional majority,was passed. The following communication tram His Excellency, the Governor,was received through the Executive Secretary,Hon.Carlton Mobley:

MoNDAY, FEBRUARY 25, 1935.

891

February 23, 1935

TO THE GENERAL ASSEMBLY OF GEORGIA:

I have submitted to the Department or Law the

various Bills which have been passed by both Houses

and sent to the Executive Department. or the Bills

submittad the Department or Law has held those

hereinatter rererred to unconstitutional. I have

vetoed the acts ror the reasons hereinatter stated

and am returning' them to your body.

House Bill No.247

An Act to provide that no person Shall estab-

lish or maintain public daace halls,etc. out-

side the l~its or incorpo~ated towns in coun-

ties having the whole or a part or a city or

200,000 or more w1 thout a penni t rrom the coun-

ty commissioners.



'lb.e Department or Law has ruled that this Act is unconstitutional ror the reason assigned in the opinion or the Attorney General,copy or which is hereto attached and made a part or this message.
House Bill No.354 An Act to vest in the tax collectors or certain counties. the powers or sherirr.

'lb.e Department or Law has ruled that this Act is unconstitutional ror the reason assigned in the opinion or the Attorney General,a copy or which is hereto attached and made a part or this message. Under the opinion or the Attorney General any sale or land made by the tax collector under this Act would be illegal and the result would be to complicate the land titles in the county. The danger in a Bill or this sort is apparent.
House Bill No.343 An Aet to amend the charter or Atlanta by authorizing the Mayor and Council to retire a. current dericit or $1,500 ,ooo rrom year to year.

I submitted this Act to the Department or Law and have the opinion or the Attorney General,a copy ot Which is hereto attached, that it is unconstitution-

892

JouRNAL oF THE SENATE,

aorl,!thoer

the reason that City o! Atlanta

it increases the indebtedness $1,500,000 without a vote o!

the people.

An

Act

to

House authorize

Bill No.225 the board o!

education

or

counties with 200,000 population or more to

create a retirement !und !or teachers.

The Department o! Lawhas ruled that this Act is unconstitutional tor the various reasons assigned in the opinion o! the Attorney General Which is hereto attached. This Act applies only to Fulton County and permits the county board o! education o! that county to use the public school !und received !ram the State to create a retirement !und !or teachers. The State can not constitutionally levy a tax tor such a purpose and an Act which permits the use o! public school funds !or such a purpose is unconstitutional.
House Bill No.62 An Act to amend an Act establishing a system o! public schools !or the Lula School District.

The Department o! Law has ruled that this Act is

uonpcinoinosntiotur ttihoenaAl tttoorrnethyeGreenaesroanls,

assigned in the a copy o! which

is

hereto attached and made a part o! this message.

This Act provides that all o! the county wide school

tax collected on property in the Lula District shall

go to the Lula school. The Constitution provides

that the county wide school tax shall be distributed

equitably according to the school population, tax

values, the number o! teaehers and their grade o!

license. This Act gives the Lula District all o!

its county wide tax instead o! its proportionate

part as provided by the Constitution. This bill is

vetoed at the request o! Mr.Terrell,its author.

I am attaching hereto copies of the rulings by the Department of Law on each of the bills which I have vetoed and make each ruling a part o! this message.
Respectfully, Eugene Talmadge
Governor

MoNDAY, FEBRUARY 25, 1935.

893

February 21, 1935. Hon.Eugene Talmadge,Governor, State Capitol, Atlanta,Georgia. Dear Governor Talmadge:
In Re: House Bill No.247 This Bill prohibits any person,tir.m or corporation !rom operating a public dance hall,swtmming pool or place o! public amusement tor money or protit outside the limits o! incorporated towns or cities,in any county having within its boundaries the Whole or a part ot a city ot 200,000 or more,without tirst obtaining permission !ram the Commissioners ot Roads and Revenues ot said county. By its ter.ms,the Act applies only to Fulton and DeKalb Counties,since these are the only counties in the State having the whole or a part o! a city ot 200,000 within their boundaries. The Bill is limited in its application to counties now having such a city in whole or in part within its boundaries. It does not apply to counties which may in the tuture have such a city in whole or in part within its boundaries. For the reason just stated and because ot this limitation the Bill is plainly violative ot Article I, Section IV, Paragraph I, ot the Constitution, which provides that laws ot a general nature shall have uniform application throughout the State,and that no local or special law shall be enacted in any case !or which provision is made by general law. In my opinion,the Bill is also violative or the due process clause ot the State and Federal Constitution,since it conters upon the County Commissioners arbitrary power to withhold or grant permission at their pleasure,without any hearing,or affording the applicant an opportunity to be heard ,and makes the operation or such an establishment without such .permission a crime.

894

JouRNAL OF THE SENATE,

See in this connection: Riley v. Wright, 151 Ga.609. For the same reasons assigned in the opinion to you with reference to a similar Bill which applied only to Fulton County,and tor the additional reason above,! must hold House Bill No.247 unconstitutional.
Your very truly, M.J.Yeoma.n, Attorney General
February 23,1935. Hon.Eugene Talmadge;Governor State Capitol Atlanta,Georgia Dear Governor Talmadge!
Re: House Bill No.354 This Bill provides that in counties having a population or not less than 9,005 and not more than 9,020,according to the Census or 1930 or any future Census,the tax collectors shall be ex officio sheriffs and shall have authority to levy upon and sell property under tax executions and execute conveyances thereto subject to the same provisions or law as sheriffs are subject to. It also provides that one or more deputy tax collectors may be appointed,who shall possess the same authority. In my opinion,this Bill is violative or Article I, Section IV,Paragraph I,or the Const1tut1on,whieh provides that laws or a general nature shall have uni!or.m application throughout the State,and that no local or special law shall be enacted in any case tor which provision is made by general law. The
exact point was decided in Medders v. Steward, 172
Ga.507.

MoNDAY, FEBRUARY 25, 1935-.

895

In this connection,! deem it proper to state that in my opinion local or special Bills or this character are not only unconstitutional but are calculated to bring about results which may in the future prove disastrous. It local or special Bills or this sort are carried into etrect,in my opinion every sale or land tor taxes laid .thereunder will be void, and the result will be untold complications in the land titles or the particular county.
Your very truly, M.J.Yeoman
Attorney General February 21,1935.
Hon.Eugene Talmadge,Governor, State Capitol, Atlanta,Georgia. Dear Governor Talmadge:
In Re: House Bill No.343 This Bill amends the charter or the City or Atlanta by providing that a deficit or $1,500,000.00, as shown by the Finance Sheet or Atlanta,the same being an item or Taxes Unpaid and carried over from year to year by the non-collection or taxes,may be liquidated by the Mayor and General Council over a period or five years at the rate or $300,000.00 per year,and that the carrying over or the balance still due trom year to year shall be recognized as a legal deficit and shall be carried forward in the Finance Sheet as a tact and not be considered as a charge or "over anticipation or receipts." The Act does not recite,and or course I have no means or knowing,whether the deficit referred to does or does not represent a valid obligation or the
City ot Atlanta. I presume that it does and that
the obligations which gave rise to the deficit were not incurred in such a way as to render them debts within the meaning or Article VII,Section VII,Paragraph I,or the Constitution or Georgia.

896

JouRNAL oF THE SENATE,

However this may be,the proposed Bjll provides that a det1c1t,wh1ch may or may not now be a debt within the meaning or the Const1tut1on,shall become a debt within the meaning or the Constitution without a vote or the people,s1nce it provides tor the liquidation or the deficit over a period or five years without any reference to revenue receipts tram taxes levied during the years in which th~ deficit arose. The Supreme Court has held in a number or cases,and notably in that or
City Council of Dawson v.Dawson Water Works,l06 Ga.696. that a muncipality may make a contract involving the expenditure or public funds it it has in its treasury a sum sufficient therefor or if such sum can be secured by lawful taxation levied during the year in Which the contract is made without incurring a debt within the meaning or the Constitution. Accord1ng1y,the existing deficit in the Finance Sheet or the City or Atlanta may or may not represent debts incurred in violation of the Const1tution,depending upon whether the expenditures provided tor were beyond the revenues or the City tor the particular year and funds in the City treasury at the time or the expend!ture. The proposed Bill,however,not only authorizes this deficit to be carried as a valid obligation or the C1ty,1rrespect1ve or the circumstances under which the deficit arose,but converts what might or might not have been a debt of the municipality into what must necessarily be a debt or the municipalit~ This is true !or the reason that the proposed Bill would permit the municipal authorities to liquidate the deficit out of future revenue receipts without any reference to the revenue receipts tor the years in which the deficits arose. In other words,the municipal authorities would be permitted to put into the general fund or the treasury,and use tor other purposes,taxes collected tor past years which should be applied to tha deficit arising in that year,and then pay the deficit out o! taxes collected in fu-

MoNDAY, FEBRUARY 25, 1935.

897

ture years. It seems to me that this necessarilY creates a debt against the City without the sanction or a popular vote as required by the Constitution and that the Bill is therefore violative or the provision of the Constitution referred to above.
Yours very trulY, M.J. Yeomans Attorney General
February 21,1935. Hon.Eugene Talmadge,Governor, State Capitol, Atlanta,Georgia. Dear Governor Talmadge:
In Re: House Bill No.225 This Bill authorizes the Board of Education of any County having a population or 200,000 or more, by the present or any future census or the United States,to create a Retirement Fund tor teachers and other employees or the County school system,to be administered by a commission or three members,two or whom s~ll be appointed by the Board and one elected by the teachers and employees or the Board. The Retirement Fund is to be created by contributions made by the teachers and by contributions in equal amounts made by the County Board or Education, but the Board is authorized during the first ten years to contribute such sums to the Fund as it may desire to appropriate. The purpose or the Act is to provide retirement pay tor teachers over sixty years or age. They are made eligible tor retirement atter sixty,and are required to retire at seventy. The amount or compensation payable is to be fixed by the comm1ss1on,and is dependent upon age and length or service and the salary or the particular t~acher. The Bill by its express terms is necessarily lim-

898

JouRNAL OF THE SENATE,

ited in its present application to Fulton County, since that is the only County in Georgia with a population or 200,000 or more.
The proposed Bill presents for consideration three Constitutional questions:
1. Is the Bill violative or Article !,Section IV, Paragraph I,or the Constitution,which provides that: "Laws or a general nature shall have uniform operation throughout the State,and no special law shall be enacted 1n any case for Which provision has been made by an existing general law."
2. Is the Bill violative or Article XI, Section -III,Paragraph I,or the Constitutlon,which provides that: "Whatever tribunal,or officers,may hereafter be created by the General Assembly for the transaction or county matters,shall be uniform throughout the State,and or the same name,jurisdiction,and remedies," with certain exceptions not here material.
3. Is the Bill violative of Article VII, Section !,Paragraph I,or the Constitution, which provides that: "The powers or taxation over the whole State shall be exercised by the General Assembly tor the tollowing purposes,only: "For the support or the State Government and the public institutions: "For educational purposes in instructing children in the elementary bra.'"lches or an E~lish education only. "To pay the interest on the public debt.

MoNDAY, FEBRUARY 25, 1935.

899

"To pay the principal ot the public debt. "To suppress insurrection,to repel invasion, and defend the State in time or war. "To supply the soldiers who lost a ltmb,or 11mbs,in the military service or the Confederate States,with substantial artitical ltmbs,etc." Considering these questions in their order: 1. There are a number or decisions by the Supreme Court or Georgia dealing with so-called general bills with local application. In Stewart v.Anderson, 140 Ga.31, the Supreme Court held that: "The legislature may make classification tor purposes or legislation and pass general laws with reference to such classes. They may classify counties. The basis or classification must have reasonable relation to the subject matter or the law,and must furnish a legitimate ground or differentiation. Mere arbitrary discriminations are not permissible under the constitution If the classification is sought to be made with reference to counties,and the basis or classification is legal,the law must apply to all counties within the class,or which may came within the class.Q In a number of cases,the Supreme Court has held that classification upon the basis or population is a reasonable and natural classit1cat1on,where it is adjusted to the purpose or subject matter or the legislation. In the case or Thomas v.Austin,
103 Ga.701, the Court held:

900

JouRNAL OF THE SENATE,

"the words 'throughout the State' ,as used in the constitution,necessarily ~ply that in order for a law to partake of the nature of generality,it should,by its terms,show that it is capable of being applied in any county in the State. It is not necessary that every county in the State,at the t~e of the passage of the law, should fall within its operation,but it is necessary that none should be excepted in such a way that it can never fall within its provisions.'' The principles stated above were followed by the Supreme Court in Abbott v.Cammissioners of Fulton County,l60 Ga. 657, which dealt with a statute fixing the compensation of the tax receivers in counties having a population of 200,000 or more,according to the census of 1920 or any future census. The Court held that although it might be true that Fulton alone fell within the class of counties for which provision was made by the special law,no county was excluded from the operation of the Act if at any time it came into the class of counties embraced in the Act upon acquiring the characteristics thus marking a county. In the Abbott case,the particular statute under consideration was upheld,but in upholding it the Court definitely placed its ruling upon the principle that the population of the county bore such a legitimate relation to the amount of work required of the county officers and to the compensation received therefor as to furnish a reasonable basis for a classification relatively to the ConstitUtional requirement of generality. It will thus be seen that under the rulings by the Supreme Court in the cases cited,a statute which at the time of its passage can have application to but one county may be upheld if it is not so hedged about with restrictions and l~itations as to exclude other counties from its operation,provided the

MoNDAY, FEBRUARY 25, 1935.

901

basis of classification used has some reasonable relation to the subject matter of the law and furnishes a legittmate ground of differentiation. Only those Acts which create a class of counties upon such reasonable relation of basis to subject matter can be upheld.
In the instant case,! can see no reasonable relation between the basis of classification,which is the population of the county,and the subject matter of the law,which is the retirement of school teachers. Whatever might be the rule were the subject matter of the law different,! am constrained to hold that the basis of classification used by the proposed Bill has no reasonable relation to the subject matter of the Act and that the proposed Bill is therefore violative of the provision of the Constitution first above quoted.
2. The second provision of the Constitution referred to is somewhat broader. It provides generally that whatever officers or tribunals may be created by the General Assembly for the transactiqn of county matters must be uniform throughout the State,and have the same name,jurisdiction,and remedies. This provision would prevent the General Assembly from conferring upon the County Board of Education of one county jurisdiction~power and authority not vested in the Boards or ~ducation of all counties. In the case of
Toole v.Anderson, 177 Ga. 814. the Supreme Court nullified an Act of the General Assembly of 1933,applicable by its terms to counties having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States,holding that it was violative or the second provision or the Constitution referred to above. The Act therein dealt with created a Board of Tax Appe~ls in counties or the population reterred to.

902

JouRNAL oF THE SENATE,

The Court declined to decide Whether the proposed Act was violative or the proVision or the Constitution first referred to,although it might well have decided that it was,but in a well-considered and exhaustive opinion held that because the Act by its terms was ltmited to counties or a stipulated population it was violative or the provisions requiring uniformity or county officers throughout the State.

As I interpret the decision in

Toole v.Anderson, Supra,

it definitely holds that although a law may be a general law,wben confined in its operation to a ltmited number or counties and may thus not tall within the inhibition or the provision or the Constitution first quoted above,it is violative or the second provision or the Const1tution quoted above 1! it destroys the uniformity in coun~ otticers therein required. to be preserved,whether it be a general l~w or a special law. In other words,! interpret

Toole v.Anderson, Supra,

to definitely rule that the General Assembly has no

power to classify counties tor the purpose or pro-

viding that the county officers in one class or

counties may have one jurisdiction and authority and

those in another class another jurisidction and

authorit and the

y. In Consti

my_opinion,th tution plainly

ips rocavsideefsutrhthaet rthheoldusn1i-

formity or county officers and county tribunals must

not only be provided tor by law,but preserved at all

times.

In the light or what has been stated,it is my opinion that the proposed Bill is plainly violative ot the second provision of the Constitution quoted above.

3. Since the proposed Bill would permit the County

MoNDAY, FEBRUARY 25, 1935.

903

Board ot Education or Fulton County to use State funds tor the purpose or creating the Retirement Fund required,it seems to plainlY violate the third provision or the Constitution referred to,since it authorizes the use ot funds raised by the exercise ot the power or taxation over the whole State tor a purpose tor which the power may not be exercised. The language or the Constitution that the power of taxation over the whole State may be exercised tor stipulated purposes only clearly excludes any purpose not falling within those expressly mentioned. I do not think the payment of a pension to a retired school teacher can be brought within the plain meaning ot the provision ot the Constitution tor the laying of taxes "tor educational purposes in instructing children in the elementary branches or an English education oniy." I am therefore ot the opinion that the proposed Bill violates this provision ot the Constitution.
Yours very truly, M.J.Yeomans
Attorney General February 21,1935.
Hon.Eugene Talmadge,Governor State Capitol Atlanta,Georgia Dear Governor Talmadge:
Re: House Bill No.62. This Bill proposes to amend an Act of 1919 establishing a system ot public schools tor the Lula School District. Section 4 or the Bill provides in part that the tax collectors ot Hall and Banks Counties shall pay over to the trustees of the school district all tunds derived !rom any county wide school tax levy and collected !rom the taxpayers ot the school district on the property located therein.

904

JouRNAL OF THE SENATE,

This section or the Bill is violative or Article VIII,Section IV,Paragraph I or the Constitution, which provides tor the county wide school tax levy and that the tunds thus raised shall be distributed equitablY according to the school population,tax values,the number or teachers and their grade or license,among the public schools or the county. This is true because the Bill provides that the Lula District shall receive all the county wide tax rrom that territory,when the Constitution provides that it shall receive only its proportional part according to the method or apportionment provided.
For the reason stated,! must hold that the proposed Bill is unconstitutional.
Yours sincerely, M.J.Yeomans Attorney General The following bill or the Senate,having been made a special order or the day,was read third tbne and put upon its passage: By Senator Smith or the 24th DistrictSenate Bill No.l72. A Bill to amend the Code or 1933 by changing the amount or bond required to be deposited with the State Treasury by tire,marine, and inland Insurance Companies; and tor other purposes. The report or the committee,which was favorable to the passage or the bill,was agreed to. On the passage or the bill the ayes were 29 ,nays 0 The bill having received the requisite Constitutional majority,was passed. Sen~tor Smith or the 24th District asked unantmous consent that Senate Bill No.l72 be tmmediately transmitted to the House and consent was granted. The following message was received tram the House

MoNDAY, FEBRUARY 25, 1935.

905

through Mr.Kingery,the Clerk thereof: Mr.President:
The House has passed by the requisite Constitutional majority the following bills or the House to wit: By Mr.Henderson of Irwin.
House Bill No.524. A bill to be entitled an Act to amend the Act approved February 16,1933,which created a Board of Canm.issioners of Roads and Revenues or Irwin County,and tor other purposes. By Messrs.Lanier,Harris and Barrett of Richmond.
House Bill No.532. A bilJ to be entitled an Act to appoint and designate the Board or Education or Richmond County,and !or other purposes. By Mr.Ross or Dodge.
House Bill No.565. A bill to be entitled an Act to provide that all scrip or warrants relating to any and all expense in connection with Superior Court or Dodge County;the City Court of Eastman, shall be drawn by the Clerk o! the Superior Court and tor other purposes. By Mr.Ross of Dodge.
House Bill No.567. A bill to be entitled an Act to amend an Act creating a new charter tor the City or Eastman,by providing that all candidates tor office shall be qualified voters or said city,and ror other purposes. By Mr.Ross ot Dodge.
House Bill No.569. A bill to be entitled an Act to amend an Act creating the office ot Commissioner or Roads and Revenues in Dodge County,and tor other purposes. By Mr.Caswell or Liberty.
House Bill No.591. A Bill to be entitled an Act to create a board of commissioners tor the county or L1berty,and tor other purposes.

906

JouRNAL or THE SENATE,

By Mr.Howard o! Screven. House Bill No.627. A Bill to be entitled an Act
to amend an Act to establish the City Court o! Sylvania,in and !or the county o! Screven,and tor other purposes. By Mr.Ansley ot Lee.
House Bill No.628. A Bill to be entitled an Act to amend an Act establishing the City Court ot Leesburg,so as to change and !ix the terms ot holding Court tor jury trials,and !or other purposes. By Messrs.Harris,Lanier and Barrett o! Richmond.
House Bill No.669. A Bill to be entitled ~~Act to amend an Act as amended,creating a Board ot Civil Service Commissioners tor the City o! Augusta,and tor other purposes.
Upon being reached on the calendar,Senator Lester o! the 18th District moved that further consideration of Senate Bill No.46 be postponed until tomorrow morning llrunediately following the period of unanimous consents.
The motion prevailed. Upon being reached on the calendar,Senator Lester of the 18th District moved that further consideration of Senate Bill No.47 be postponed until tomorrow morning immediately following the special order already set. The motion prevailed. The following Bill o! the Senate was read the third time: By Senator Redwine of the 26th District,Senator Kin of the 11th District and Senator Pope o! the 15th District and Senator Beasley of the 2nd DistrictSenate Bill No.72. A Bill to improve the public schools of the state,make them more efficient and less expensive;and tor other purposes.

MoNDAY, FEBRUARY 25, 1935.

907

Senator Pope or the 15th District moved that rurther consideration or Senate Bill No.72 be postponed until Wednesday morning immediatelY following the period or unanDnous consents,and that the Secretary be instructed to have 100 copies or same printed.

The motion prevailed.

The following bill or the Senate was read third ttme and put upon its passage:

By Senator Scott ot the 7th District and Senator Rawlins ot the 45th District-
Senate Bill No.94. A Bill amending the Act regulating the licensing and practicing or Chiropoy; and !or other purposes.

Senator Smith or the 24th District moved that the

bill be tabled and the motion was lost.-



Senator Scott o! the 7th District moved the pre~ vious question and the motion prevailed.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 20,nays 12.

The Bill having tailed to receive the requisite Constitutional majority,was lost.

The following Bill or the Senate was taken up tor consideration:

By Senator Edenfield o! the 4th District-

Senate Bill No.l06. A Bill to amend Title 43,

Chapter 43-2 o! the Code o! Georgia o! 1933,author-

izing the State Commission o! Forestry and Geologi-

cal Development to establish state parks;and !or

other purposes.



The report or the co.mmi~tee,Which was favorable to

908

JouRNAL oF THE SENATE,

the passage or the bill,was agreed to. B,y unanllnous consent,the bill was re-read in its
entirety. Senator Atkinson or the 1st District moved that
Senate Bill No.l06,be recommitted to the Committee on Conservation and the motion prevailed.
The President,at this time,introduced to the Senate Mr.Stephens,Dr.Blackman,and Mr.Adams,all members_ ot th~ House of Representatives of South Carolina. .
The following Bill or the Senate was read the third time: By Senator Beasley of the 2nd District-
Senate Bill No.lll. A Bill to provide tor the allowance or discount on the sale and transfer in blocks or execution issued tor ad valorem taxes; and tor other purposes.
Senator Kirkland or the 49th District moved that further consideration or Senate Bill No.lll be postponed until Wednesday morning,February 27th,1mmediately following the order already set.
The motion prevailed. The following Bill or the Senate was read the third time and put upon its passage: By Senator Chappell or the 13th DistrictSenate Bill No.ll3. A Bill to amend the Code ot Georgia or 1933 Which provides tor the appointment, qualification and removal or Jury Commissioners ot the several counties of this state;and for other purposes. The report or the committee,which was favorable to the passage of the Bill,was agreed to.
o. On the passage or the Bill the ayes were 29, nays

MoNDAY, FEBRUARY 25, 1935.

909

The Bill having received the requisite Constitutional majority, was passed.
Senator Chappell of the 13th District asked unanimous consent that Senate Bill No.ll3 be immediatelY transmitted to the House and consent was granted.
The following Bill of the Senate was read third time: By Senator Milhollin of the 46th District-
Senate Bill No.ll7. A Bill to amend Chapter 5-2 of Title 5 of the Code of Georgia of 1933,which relates to the Bureau of Markets of the Department of Agriculture;and for-other vurposes.
Senator McWhorter of the 19th District moved that the bill be recommitted to the Committee on Agriculture.
The motion prevailed. A communication from His Excellency,the Governor, was received through the Executive Secretary,Hon. Carlton Mobley. The following Bill of the Senate was read the third time and put upon its passage: By Senator Chappell of the 13th DistrictSenate Bill No.l21. A Bill to amend Section 22-308 of the Code of Georgia of 1933,which pro_vides tor the granting of charters by Judges of the Superior Courts in vacation;and for other purposes. The report of the comrnittee ,which ~vas favorable to the passage of the Bill,was agreed to. On the passage of the Bill the ayes were 29,naysO. The bill having received the requisite Constitutional majority,was passed. The following Bill of the Senate was taken up for

910

JouRNAL oF THE SENATE,

consideration: By Senator Edenfield ot the 4th District-
Senate Bill No.l22. A Bill to regulate communistic activities in the State or Georgia;and tor other purposes.

Senator Lester or the 18th District moved that Senate Bill No.l22 be recommitted to the Committee on State or the Republic and the motion prevailed.

The following bill or the Senate,on which the action or the Senate in defeating said Bill was reconsidered, was taken up tor consideration:

By Senator Evans ot the 29th DistrictSenate Bill No.22. A Bill to amend an Act creat-
ing a Text Book Commission tor the State or Georgia; to provide how text books used in the common schools or this state shall be adopted,prepared,published, purchased,distributed and.sold;and tor other purposes.

'lhe report or the committee ,which was favorable to the passage or the Bill,was agreed to.
Senator Evans or the 29th District asked unanimous consent that further consideration or this bill be postponed until Wednesday,February 27th,1mmediately following the special orders already set.

The consent was granted. The following Bill or the Senate was read the third time and put upon its passage:

MoNDAY, FEBRUARY 25, 1935.

911

By Senator Cooper ot the 22nd District,Senator Larsen or the 16th District,Senator Evans or the 29th District,Senator Jones ot the 17th District,Senator Lester ot the 18th District,Senator Vaughn or the 34th District,Senator Dennis ot the 28th District, Senator Millican or the 35th District and Senator Carrington ot the 27th District-
Senate Bill No.l28. A Bill declaring the 12th or October or each year,commonly known as Columbus Day, to be a public and legal holiday in this State; and tor other purposes.
The report or the committee,which was favorable to the passage or the hill,was agreed to.

On the passage ot the Bill the ayes were 27,nays L The Bill having received the requisite Constitutional majority,was passed.

Senator Larsen ot the 16th District asked unanimous consent that Senate Resolution No.l5 be withdrawn trom the Committee on Amendments to the Constitution and referred to same other committee, stating that he desired an opportunity to vote tor the resolution.
There was objection.
Senator Cooper or the 22nd District asked unanimous consent that Senate Bill No. 128 be 1nnnediatel.y transmitted to the House and consent was granted.
The following Bill or the Senate was read the third time:

912

JouRNAL oF THE SENATE,

By Senator &mith of the 24th District,Senator Millican of the 35th District,Senator King of the 11th District and Senator McGinty of the 43rd Dtstrict-
Senate Bill No.l29. A Bill to amend the CodA of Georgia of 1933 providing that the State Suprrintendent of Schools shall be Secretary and Executive Agent of the State Board o~ Education,and fixes tho compensation for such services by increasing the amount of such compensation from $2,500 annually to $4,000 annually; and for other purposes.

The committee offered the following amendment:

By addinc at the-close of Section 1 the following words:
"Provide~.l this Bill shall not go into effect until the expiration of the term of the prese~t School Superintendent,that is,on the 1st day or January, 1937."

The committee amendment was adopted .
Leave of absence was granted Senator Cannon of the 40th District from the session of Monday,February 25th in or.Jer that he might attend court.
The following privileged resolutions were read and adopted:
By Senator McWhorter of the 19th District. AResolution extending the privileges of the floor to Hon.B.W.Boyd,a former member of this Body.
By Senator Smith or the 24 DistrictA Resolution extending the privil~ges of the floor
to Hon.Frank Boyce and wife,assistant Collector of Internal Revenue~

MoNDAY, FEBRuARY 25, 1935.

913

The hour ot one o'clock having arrived,the President announced that the Senate stood adjourned until tomorrow morning at 10 o'clock.

914

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia .Tuesday, 1'ebruary 26, 1935.
The Senate met,pursuant to adjourn:inent,at 10 otclock A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Carrington of the 27th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Hart of the 36th District,Chairma.n of the Committee on Journals,reported that he had examined the Journal of yesterdayts proceedings and found it correct. Senator Pope of the 15th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted.
The Journal was confirmed
Senator Scott of the 7th District asked unanimous consent that the following be established as the order of business today following the first part of the period of unanimous consents-
1. Introduction of new matter under the rules. 2. Reports of standing comndttees. 3. Second reading of Senate bills favorably reported. 4. Third reading and passage of uncontested local Senate bills and uncontested general senate bills with local application. 5. Special orders for the day heretofore fixed. 6. Messages from the Governor. 7. General Senate bills ready for passage.
The consent was granted. The following bills of the Senate were introduced,

TuESDAY, FEBRUARY 26, 1935.

915

read the first time and referred to Co~ttees:

By Senator Carrington of the 27th DistrictSenate Bill No. 194. A Bill to add mileage in
Barrow and Hall Counties to the State Highway System of Goergia; and for oth~r purposes.

Committee on Highways and Public Roads.

By Senator Evans of the 29th DistrictSenate Bill No. 195. A Bill tc regulate boxing
and wrestling in the State of Georgia; and for other purposes.

Committee on State of Republlc. .

Mr. M1lholl1n o:t the 46th District Chairman of the Co~ttee on Agriculture submitted the following report:

Mr. President:

Your Committee on Agriculture have had under consioeration the following Bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations:

Senate Bill No. 117 (which was re-commdtted),do pass as amended.

Respec J.H.

tMfu1lllhyolsl1unbmoiftt4e6d~h

District,

Chairman.

.

Mr. Johnson o:t the 31st District Chairman of the Co~ttee on Amendments to the Constitution sub~tted the following report:

Mr. President:

Your Co~ttee on Amendments to the Constitution have had under consideration the following Bills or the Senate and House and have instructed me as

916

JouRNAL oF THE SENATE,

Chairman,to report the same back to the Senate with the following recommendations:

Senate Bill No. 149, do pass. House Bill !~o. 12, do :pass.

Respectfully submitted Johnson of the 31st District, Chairman.

Mr. Skelton of the 30th District Chairman of the Committee on General Judiciary No. 1 submitted the following report:

Mr. President:

Your Commdttee on General Judiciary No. 1 have had under consideration the following Bills ot the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:

Senate Bill No. 168, do pass. Senate Bill No. 179, do pass. Senate Bill No. 185, do pass. Senate Bill No. 190, do pass.

Respectfully submitted,

JJ[. Skelton or the 30th District.

Chairman.



Mr. Clark of the 44th District, Chairman ot the Commdttee 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 Senate and House and have instructed me as Chairman to report the same back to the Seriate with the following recommendations:

Senate Bill No. 1781 do pass.

TuESDAY, FEBRUARY 26, 1935.

917

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following bills of by Committees 1 were

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-

By Senator Lester of the 18th DistrictSenate Bill No. 149. A Bill to amend an Act re-
gulating the salaries of the Judge of the Superior Court in and for the County of Richmond; and for other purposes.

By Senator Cooper of the 22nd DistrictSenate Bill No.l68~ A Bill to provide for the
trial of all cases in the Courts of this State,declaring legal and binding all verdicts and judgments at the first time of all courts; and for other purposes.

By Senator Crawford of the 42nd District-

Senate Bill No. 178. A Bill to amend an Act

abolishing the Board of Commissioners of Roads and

Revenues of Chattooga County; and for other pur-

poses.



By Senator Evans of the 29th DistrictSenate Bill No. 179. A Bill to prohibit Judges
of the Superior Court from presiding in criminal cases in counties outside ot their Judicial Circuit; and for other purposes.

By Senator Skelton of the 30th DistrictSenate Bill No. 185. A Bill amending the Code of
Georgia of 1933 so that parties may testify in cases

918

JouRNAL OF THE SENATE,

involving actions for breach of promise of marriage; and for other purposes. By Senator Skelton of the 30th District-
Senate Bill No. 190. A Bill to fix the compensation of Tax Receivers and Tax Collectors for the collection of State Taxes; and for other purposes.
The following resolution of the senate,favorably reported by Committee,was read the Second time: By Senator Rawlins of the 45th District-
Senate Resolution No. 69. A Resolution providing for payment of premiums on bonds of the Tax Collector and Sheriff or Telfair County; and tor other purposes . The following message was received from the Senate through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bill cf the House to wit: MByooMree,sosfrsC. lGayrotovnes,BoafrgLeirnocno,olnf,GBruarykseo,anndofoCthhearthsa~m,
House Bill No. 144. A Bill to be entitled an Act to be known as The Alcoholic Beverage Control Act~ to declare that the State Revenue Commdssion shall administer and enforce said Act; to declare their powers and duties; and for other purposes.
The following general bill o:t the Senate with local application was read third time and put upon its passage: By Senator Thomas o:t the 33rd District-
Senate Bill No. 146. A Bill to be entitled an Act to amend an Act approved August 8,1923,creating the Piedmont Judicial Circuit of Georgia; and for other purposes.

TuESDAY, FEBRUARY 26, 1935.

919

The report or the conunittee.,whlch was favorable to the passage or the bill., was agreed to.
On the passage or the bill the ayes were 27., nays
o.
The bill having received the requisite Constitutional majority, was passed.
The tollow1ng resolution or the Senate was read and adopted: By Senator Jones ot the 17th Dist~ict-
Senate Resolution No. 84. A Resolution expressing the sympathY and condolences or the Senate to Senator and Mrs. David Atkinson upon the death ot Mr. George L. Candler 1 rather or Mrs. Atkinson.
The following bill or the Senate was read third time: By Senator Lester ot the 18th District-
Senate Bill No. 47. A Bill to alter and amend the laws relating tJ practice and procedure in criminal cases in courts or this State; and tor other purposes.
Senator Skelton or the 30th District otrered an amendment.
Senator Evans or the 29th District orrered an amendment.
Senator Vaughn or the 34th District orrered a substitute tor the bill.
Senator Atkinson or the 1st District asked unanimous consent that the Secretary or the Senate be authorized and instructed to record him as voting nay on the original Senate Bill No. 47 and the substitute by Senator Vaughn thereto,and aye on the amendment by Senator Skelton to the original bill and aye on the original bill as amended.

920

JouRNAL oF THE SENATE,

The consent was granted.

Senator Atkinson or the 1st District was granted a leave or absence on account or a death in his familY.

The following privileged resolutions were read and adopted:

By Senator Atkinson of the 1st District-

A Resolution extending the privileges of the floor

to Honorabl~ Samuel Adams Cann,a distinguished citi-

zen or Savannah, G.eorgia.



By Senators Lester of the 18th District,Scott of the

7th District and Skelton or the 30th District-

A Resolution extending the privileges or the floor

to Mrs. Lamar Rucker,w1fe of the Senator of the 50th

District.

The hour or one otclock having arrived the President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, FEBRUARY 27, 1935.

921

Senate Chamber, Atlanta, Georgia. Wednesday, February 27, 1935.
The Senate met,pursuant to adjournemnt, at 10 o'clock A.M. this day and was called to order by the President.
Prayer was orrered by the Chaplain. Senator Simmons or the 8th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted. Senator Vaughn ot the 34th District,membor ot the Committee on Jo~als,reported that he had examined the Journal or yesterdayts proceedings and round it correct. Senator Pope ot the 15th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted. The Journal was confirmed. Senator Rawlins or the 45th District asked ,manimous consent that the session :--djourn at 12:30 otclock today to reconvene at 2 otclock this afternoon and remain in session until 4 otclock P.M. The consent was granted. Senator Rawlins or the 45th District asked unanimous consent that the following be established as the order or business for today following the first part or the period or unanimous consents, and extended into the afternoon session: 1. Introduction or new matter under the rules. 2. Reports of standing committees. 3. Second reading of Senate and House bills favorably reported. 4. First reading or House bills for reference. 5. Messages trom the Governor.

922

JouRNAL OF THE SENATE,

6. Third reading and passage of uncontested House and Senate local bills,and House and Senate general bills with local application.
7. Special orders of the day,as heretofore fixed. 8. Putting on their passage general Senate bills ready tor third reading. The consent was granted. Senator Lester of the 18th District asked unanimous consent that a!l speeches by individuals be limited to 15 minutes each during this day. There was objection. Senator Lester of the 18th District moved that all speeches by individuals be limited to 15 minutes each during this day. On the motion by the Senator ot the 18th,Senator Rawlins ot the 45th District moved the previous question and the motion prevailed. The main question was ordered. On adoption of the motion by the Senator of the 18th,the ayes were 11, nays 19. The motion was lost. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President: The Ho~~a has passed by the requisite Const~tu t1onal majority the following bills of the House to wit: By Messrs. Culpepper of Fayette,Lanier,Harris and Barrett of Richmond: House Bill No. 90. A Bill to be entitled an Act to provide tor license and excise taxes upon the business of dealing in malt beverages; To allocate

WEDNESDAY, FEBRUARY 27, 1935.

923

funds derived from such taxes; To provide for the enforcement or this Act; To repeal laws in conflict with this Act; and for other purposes. By Mr. Preston of Walton-
House Bill No. 392. A Bill to be entitled an Act to place an excise tax on oleomaragine,and for other purposes.
The foliowing bills or the Senate were introduce~ read the first time and referred to Committees: By Senator Atkinson of the 1st District-
Senate Bill No. 196. A Bill to amend the Acts relating to and incorporating the Mayor and Aldermen or the City or Savannah; and for other purposes.
Committee on Municipal Government. By Senator Vaughn or the 34th District-
Senate Bill No. 197. A Bill to provide for certain hospitals and corporatior organized for the purpose or acting in behalf or such hospitals; to provide for proper regulation under the insurance law; and tor other purposes.
Committee on Insurance. By Senator Vaughn of the 34th District-
Senate Bill No. 198. A Bill to provide that there shall be a presumtion of fraud on the part or any person seeking or receiving any contract or release, or other contracts,related to or connected with any claim for damages arising out or any accident; and for other purposes.
Committee on Special Judiciary. By Senator Almon or the 37th District-
Senate Bill No. 199. A Bill to create the office or Roads and Revenues tor the County or IT~rd; and !or other purposes.
Comm1 ttee on Counties and County Matters.

924

JouRNAL or THE SENATE,

By Senator Lester of the 18th District-

Senate Bill No. 200. A Bill to propose to the

qualified voters of Georgia so as to authorize

Richmond County to make temporary loans; and tor

other purposes.



Commdttee on Amendments to the Constitution.

By Senator Pope of the 15th DistrictSenate Bill No. 201. A Bill to amend the Traylo~
Neill map so as to add to said map a road beginning on the State Route No. 29 in Vidalia,Georgia, and running in a north-easternly direction to a point about tour miles; and tor other purposes.

Commdttee on Highways and Public Roads.

By Senator Chappell or the 13th DistrictSenate Bill No. 202. A Bill to provide tor the
payment or the burial expenses or Confederate pensioners; and tor other purposes.

Committee on Pensions.

Mr. Clark of the 44th District Chairman on the Committee on Counties and County Matters submitted the following report:

Mr. President:

Your Connnittee on Counties and County Matters have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 264, do pass. House Bill No. 82, do pass.

ResJp.Hec.tfCullalyrksuobf m4i4tttehd~1str1ct, Chairman.

Mr. Beasley or the 2nd District Chainnan of the

WEDNESDAY, FEBRUARY 27, 1935.

925

Committee on Highways and Public Roads sub~tted the following report: Mr. President:
Your Committee on Highways and Public Roads have bad under consideration the following Bills of the Senate and have instructed me as Chairman, to report the same back to the Senete with the following recommendations:
Senate Bill No. 76L do not pass. Senate Bill No. 12r, do pass. Senate Bill No. 20, do pass.
Respectfully submitted, Beasley of 2nd District, Chairman.
Mr. Clark of the 44th District Chairman of the Committee on Counties and County Matters subm1 tted the following report: Mr. President:
Your Committee on Counties and County Matters have had under consideration the following Bills of the House and have instruct~d me as Chairman to report the same back to the Senate with the foliowing recommendations:
House Bill No. 438, do pass. House Bill No. 455, do pass.
Respectfully submitted, Clark of 44th District, Chairman.
Mr. Cooper of the 22nd District Chairman of the CoDmi ttee on Municipal Government subm1 tted the following report: Mr. President:
Your Committee on Municipal Government have bad

926

JouRNAL oF THE SENATE,

under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No8 203~do pass,as amended.

Rewsp.oe.ctCfuololpyersuJbrm. iottfed22nd District,
Chairman.

Mr. Vaughn of the 34th District Chairman of the Committee on Special Judiciary submitted the following report:

Mr. President:

Your Comndttee 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 following recommendations :

House Bill No. 338, do not pass.

House Bill No. 364, do not pass.

House Bill No. 182, do pass.

House Bill No. 528, do pass.

House Bill No. 453, do pass.

House Bill No. 618, do pass.

House Bill No. 502, do pass.

HSeonusaeteBBililllNNo.o.521781tl,

do do

pass. pass.

Respectfully submitted, Vaughn of 34th District, Chairm:m.

The following bills or the Senate,ravorably reported by Conudttees,were read the second time:

By Senator Simmons or the 8th DistrictSenate Bill No. 20. A Bill creating a State High-
way traffic Commission and authorizing such commission to employ and set up a State Highway Patrol;

WEDNESDAY, FEBRUARY 27, 1935.

92:7

and for other purposes. By Senator McLeod of the 9th District-
Senate Bill No. 127. A Bill designating highway ~leage by adding additional mileage from Elmodel through Milford to Arlington; and for other purposes. By Senator s~ th of the 24th District-
Senate Bill No. 188. A Bill amending an Act so as to provide for the appointment of a Deputy Marshal by the Marshal of the MUnicipal Court of Columbus; and for other purposes.
The following bills of the House,favorably reported by Comm1ttees,were read the second time: By Messrs. Lanier,Harris and Barrett of Richmond-
House Bill No. 12. A Bill to propose an amendment to the Constitution of Georgia to authorize the General Assembly to classify property for taxation; and for other purposes. By Mr.Douglass of Talbot-
House Bill No. 73. A Bill to reduce the bond of the Sheriff of Talbot County; and for other purposes. By Mr. Parker of Union-
House Bill No. 82. A Bill to repeal an Act abolishing the office of County Treasury of Union County; and for other purposes. By Mr. Sutton of Wilkes-
House Bill No. 179. A Bill to amend the charter of the City of Washington,Georgia; and for other purposes. By Mr. Twitty of Ware-
House Bill No. 182... A Bill to repeal an Act entitled Tax Collectors as Sheriffs No.l23;" and for other purposes.
By Mr. Herndon ot Hart-
House Bill No. 264. A Bil~ to abolish the Tax Reqe1ver and Tax Collector of Hart County; and for other purposes.

928

JouRNAL oF THE SENATE,

By Mr. Johnston of UpsonHouse Bill No. 288. A Bill to abolish the offices
ot Tax Receive~ and Tax Collector of Upson County; and for other purposes.

By Mr. Gavin of Clay-

House Bill No. 292. A Bill to repeal an Act which

reduced the territorial limits of the town of

Bluffton in the County of Clay;and tor other pur-

poses.



By Mr. Whitmire of DawsonHouse Bill No. 319. A Bill to create a Commis-
sioner ot Roads and Revenues for Dawson County;and tor other purposes.

By Messrs. Hartsfield,Almond and Ramsey of FultonHou~e Bill No. 349. A Bill to provide that cer-
tain counties of this State may enter into a contractual agreement with such counties and all municipalities; and for other purposes.

By Messrs. Dyer and Arnall of CowetaHouse Bill No. 423. A bill to amend an Act to
abolish the office of Tax Collector and Tax Receiver of Coweta County; and tor other purposes.

By Mr. Fowler of TreutlenHouse Bill No. 438. A Bill to create a Board of
Roads and Revenues tor Treutlen County; and for other purposes.

By Mr. Bush of MillerHouse Bill No. 453. A Bill to establish the City
Court of Miller County; and for other purposes.

By Mr. Fowler of Treutlen-. House Bill No. 455. A Bill to amend an Act creat-
ing the office of Tax Commissioner of Treutlen County; and for other purposes.

By Mr. Williams of CotfeeHouse Bill Nolt 478. A Bill to amend an Act
abolishing the offices of Tax Receiver and Tax Com-

WEDNESDAY, FEBRUARY 27, 1935.

929

~ssioner o! Co!!ee County; and !or other purposes. By Mr. Bush of Miller-
House Bill No. 502. A Bill to fix the amount o! bond or the Sheriff of Miller County; and for other purposes. By Mr. Hampton of Fannin-
House Bill No. 520. A Bill to amend an Act incorporating the City of Blue Ridge,Fannin County; and !or other purposes. By Mr. Hampton of Fannin-
House Bill ko. 526. A Bill to amend an Act incorporating the town of McCaysville; and !or other purposes. By Mr. Daughtry of Wilkinson-
House Bill No. 527. A Bill to reduce the bond o! the Sheri!! of the County of Wilkinson; and for other purposes. By Mr. Ray of Appling-
House Bill No. 528. A Bill to reduce the bond of the Sheriff of Appling County; and !or other purposes. By Mr. Townsend of Dade-
House Bill No. 556. A Bill to abolish the office of Tax Collector and Tax Receiver ot Dade County; and for other purposes. By Mr. Kelley or Elbert-
House Bill No. 608. A Bill to amend the Charter or the City of Elberton; and for other purposes. By Mr. Minchew of Atkinson-
House Bill No. 618. A Bill to reduce the bond of the Sheriff ot Atkinson County; and for other purposes.
The following resolution of the House,tavorably reported by Comm1ttee,was read the second time:

930

JouRNAL OF THE SENATE,

By Messrs. Thompson ot Muscogee;Dyer of Coweta and Ramsey of Fulton-
House Resolution No. 136. A Resolution urging the immediate development of the Chattahoochee River; and tor ot~er purposes.
The tollowlng bills or the House were read the first time and referred to Commdttees: By Messrs. Culpepper ot Fayette,and Harris,Lanier and Barrett or Richmond-
House Bill No. 90. A Bill to provide for license
and excise taxes upon the business ot dealing in
malt beverages; and for other purposes. Committee on Temperance.
By Messrs. Groves of Lincoln; Graysonat Chatham; Moore of Clayton; Bargeron of Burke and others-
House Bill No. 144. A B111 to be known as The Alcoholic Beverage Control Act, to declare that the State Revenue Comm1ss1on shall adm1nis~er and enforce said act; and for other purposes.
CoBmdttee on Temperance. By Mr. Harrison of Crawforo-
House Bill No. 216. A Bill to amend the Code of Georgiaor 1933 to provide that in certain counties the polls at the Court Houses shall open and close at the same time as at the prec1nts; and for other purposes.
Committee on Privileges and Elections. By Mr. Preston of Walton-
House Bill No. 392. A Bill providing tor excise tax on all oleomargarine containing any rat; and tor other purposes.
Commi,ttee on Finance. By Mr. Henderson of Irwin-
House Bill No. 524. A Bill to amend an Act which

WEDNESDAY, FEBRUARY 27, 1935.

931

created a Board of Commissioners of Roads and Revenues of Irwin County; and for other purposes.

Committee on Counties and County Matters.

SB2. By Messrs. Lanier Harris and Barrett of Richi:lond-

House Bill No.

A Bill to appoint and desig-

nate the Board of Education of Richmond County;

and for other purposes.

Committee on Education.

By Mr. Ross of DodgeHouse Bill No. 565. A Bill to provide that all
scrip or warrants relating to any and all expense in connection with Superior Courts of Dodge County; the City Court of Eastman shall be drawn by the Clerk of the Superior Court; and for other purpose~

Committee on Special Judiciary.

By Mr. Ross of DodgeHouse Bill No. 567. A Bill to amend an Act
creating a new charter for the City of Eastman;and for other purposes.

Committee on Municipal Government.

By Mr. Ross of DodgeHouse Bill No. 569. A Bill to amend an Act creat-
ing the office of Roads and Revenues in Dodge County; and for other purposes.

Committee on Counties and County Matters.

By Mr. Caswell of LibertyHouse Bill No. 591. A Bill to create a Board or
Commissioners tor the County of Liberty; and for other purposes.

Committee on Counties and County Matters.

By Mr. Howard of screvenHouse Bill No. 627. A Bill to establish the City

932

JouRNAL OF THE SENATE,

Court of Sylvania in and for the County or Screven; and for other purposes.

Committee on Special Judi~1ary.

By Mr. Ansley of LeeHouse Bill No. 628. A Bill amending an Act es-
tablishing the City Court ofLeesburg,so as to change and fix the terms of holding Court for jury trials; and for other purposes.

Committee on Special Judiciary.

By Messrs. Harris,Lanier and Barrett of RichmondHouse B:.ll No. 669. A Bill to amend an Act creat-
ing a Boa:-d of Civil Service ColDillission for the City of A'1gusta, Georgia; and for other purposes.

Commdttee on Municipal a~vernment.

The following resolution of the House was read the first time and referred to Co~ttee:

By Mr. Hartsfield of ~illtonHouse Resolution No. 166. A Resolution authoriz-
ing the State Librarian to sell the new 1933 Code to members of the General Assembly at wholesale cost; and for other purposes.

Co~ttee on Libraries.

The following communications from His Excellency, the Governor, were read:

February 26, 1935.

TO THE GENERAL ASSEMBLY OF GEORGIA:

I have vetoed House Bill No. 64 at the request of

Mr. Williams am returning

othfisBaBcoinl1

the author of to your body.

the

Bill,and

I

RespecttutlYt Eugene Ta.l.liB<lge Governor.

WEDNESDAY, FEBRUARY 27, 1935.

933

February 25, 1935. TO THE GENERAL ASSEMBLY:
I have submitted to the Department of Iaw House Bill No. 48l,amonding the Act incorporating the town of Forest Park. The Department of Law has ruled,as appears from the opinion of the Attorney General,that Section 12 of this Act is unconstitutional because it confers upon the city authorities the power to levy taxes in excess of the limitation fixed by the general law.
For this reason I have vetoed this Act and return the same to the House of Representatives in which it originated and Mr. Moore,the author of the bill consents thereto.
I attach hereto as a part ot this message a copy of the opinion of the Attorney General.
Respectfully submitted, Eugene Talmadge, Governor. February 25, 1935.
Honorable Eugene Talmadge Governor Atlanta, Georgia Dear Governor Talmadge:
In Re: House Bill No. 481. This Bill amends the charter of the town of Forest Part in Clayton County. By Section 12 the Bill provides that the Mayor and Alderman of the town shall have power and authority to levy and collect, "An ad valorem tax on all property whatsoever owned,held or possessed in said town of Forest

934

JouRNAL OF THE SENATE,

Pa.rk,subject to taxation under the laws of the State,said ad valorem tax not to exceed threefourths of one per centum of the value of said property." It further provides that the Mayor and Alderman may,if they consider it expedient,levy and collect a greater percentage of tax than three-fourths of one per cent.,provided the same is approveq by a twothirds vote of the people. The general law of this State provides that no municipal corporation shall le~ or collect for the ordinary current expenses of such corporation any ad. valorem tax upon the property within said corporation exceeding one-half of one per cent. upon the value of said property,any charter of any such corporativn to the contrary notwithstanding. (Code of Georgia of 1933> Section 92-4101). The proposed Bill confers upon the city authorities of Forest Park power to levy a tax of threefourths of one per cent. upon all the property within the municipality without any reference to Whether the tax levied is for ordin2ry current expenses or not. To that extent it is plainly contrary to the general law of the State on this subject.
For the reason just stated,Section 12 of this Bill 1s violative of Article !,Section IV,Paragraph I of the Constitution,which provides that laws of a general nature shall have uniform operation through~ out the State,and that no local or special law shall be enacted in any case for which provision is made by general law. See in this connection Cain vs. The State, 166 Ga. 539.
For the reason stated,! must hold that Section 12 of this Act is unconstitutional.
Yours very truly, M.J. Yeomans, Attorney General.

WEDNESDAY, FEBRU'ARY 27, 1935.

935

The following local uncontested bills or the House were read third time and put upon their passage:

By Messrs. House Bi

lGl rNayos.on26C3.onAenBainldl

McNall or Chathamto be entitled an Act

to amend the several Acts relating and incorpora-

ting the Mayor. and Aldermen of the City of Savannah,

and tor other purposes.

The committee offered the following amendment:

By adding the folloWing three sections,to be numbered Sections 3,4 and 5, as follows:

"Section 3: Be it further enacted by the authority a!oresaid,that the said Mayor and Aldermen or the City or Savannah be and is hereby autfiorized to discontinue tor recreation or similar purposes,a right or way seventy (70) teet wide,(Forty-tive(.45) teet or which shall be used tor vehicular traffic) through those certain Squares situated in the City or Savannah on Montgomery Street,and known a.lid described upon the map or plan or said City as Fr~ lin Square,Liberty Square,and Elbert Square,and said Mayor and Aldermen or the City or Savannah is further authorized and empowered to ppen said right or way through said Squares tor the purpose or extending said Montgomery Street through said Squares in approximately a North and South direction,and tor the purposes aforesaid the said portions or said Squares necessary tor said extention or said Montgomery Street are hereby placed under the jurisdiction and control or the Mayor and Aldermen ot the City or Savannan;provided nevertheless that should said itlOnt_g_oD1ery: Street in the City or savannahibe not designated and utilized by the Bureau ot Pub ic Roads ot the Department ot Agriculture ot the United States or any other duly authorized department or the Government o! the United States as a Federal highway and/or Federal route through the City or Savannah tor vehicular traffic, ~hen this section or this Act and the power and authority herein granted said Mayor and Aldermen shall not become operative. Should this section or this Act be-

936

JouRNAL oF THE SENATE,

come operative under the conditions aforesaid, the portions of said Squares not utilized for traffic on Montgomery Street shall remain as heretofore under the jurisdiction and control or said Park and Tree Commission.

Section 4. Be it further enacted by the authority

aforesaid that Section 2 of that certain Act adopted

and approved March 24 1933,and entitled An Act to

amend that certain Ac-t adopted and approved February

27,1933,and entitled 'An Act to revise,alter and

amend the several Acts relating to and incorporating

The Mayor and Aldermen of the City of Savannah and

for other purposes, be and the same is hereby re-

pealed. This Section shall become effective only as,

fthen,and i! the preceding Section of this Act pro-

viding !or the extension of Montgomery Street through

said Franklin-square becomes effective. The Section

of the Act or March 24,1933, to be thus repealed

provides tor the of Savannah,as a

use of farmer

sF' rwanhkolliensaSlequmaraer1Koeft.

the

City

Section 5. Be 1t further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The committee amendment was adopted..

The report or the comm1ttee,wh1ch was favorable to the passage or the bill,as amended,was agreed to.

On were

2th8e,napyasssaog. e

or

the

b1ll,as

amended,the

ayes

I

The bil Constitut

l,as iona

lammaejnodreid~1 yb,awvainsgpraescseeidv.e d

the

requisite

By Messrs. Coleman and Edwards or LowndesHouse Bill No. 210. A Bill to be entitled an Act
to amend an Act approved December llth,l90l,establ1sh1ng the city court of Valdosta,and for other purposes.

The report or the committee,whlch was favorable to

WEDNESDAY, FEBRUARY 27, 1935.
the passage or the bill,was agreed to.
o.On the passage or the bill the ayes were 30, nays
The bill having received the requisite Constitutional majority,was passed. By Messrs. Harts!ield,Almand and Ramsey or Fulton-
House Bill No. 344. A Bill to be entitled an Act to amend an Act establishing a new charter !or the City or Atlanta authorizing Group Insurance !or Employees; and !or other purposes.
The report or the committee,which was favorable to the passage or the bill, was agreed to.
o. On the passage or the bill the ayes were 3l,nays
The bill.having received the requisite Constitutfonal majority, was passed. By Mr. BusH o! Miller-
House Bill No. 452. A Bill to be entitled an Act to abolish the City Court o! Miller County; and !or other purposes.
The report or the committee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority, was passed. By Mr. Sutton or Wilkes-
House Bill No. 596. A Bill to be entitled an Act to amend the Act approved August l6th,l915 creating a county depository !or Wilkes County,ang !or other purposes.
The report or the comm1ttee,wh1ch was favorable to

JouRNAL OF THE SENATE,
the passage ot the bill, was agreed to. On the passage ot the bill the ayes were 29,nays
o.
The bill having received the requisite Constitutional majority, was passed. By Messrs. Groover,Davis and Terrell ot Troup-
House Bill No. 604. A Bill to be entitled an Act to amend an Act creating the City Court ot LaGrange; and tor other purposes.
The report ot the committee,which was favorable to the passage or the bill, was agreed to.
On the passage ot the bill the ayes were 32,nays
o.
The bill having received the requisite Constitutional majority,was passed.
The following general bill ot the House with local application was read third time and put upon its passage: By Mr. Rivers ot La.nier-
House Bill No. 200. A Bill to be entitled an Act to relieve the City or Lakeland,Georgia or certain taxes; and tor other purposes.
Senator MCGehee of the 25th D1str1ct o!tered an amendment.
Senator McWhorter or the 19th District moved the previous question on the bill and amendment thereto and the motion prevailed.
The main question was ordered. The amendment by Senator McGehee or the 25th District was lost. The report ot the comm1ttee,wh1ch was favorable

WEDNESDAY, FEBRUARY 27, 1935.

939

to the passage ot the bill,was agreed to.
a. On the passage ot the bill the ayes were 20,nays
The bill having tailed to receive the requisite Constitutional majority,was lost.
Senator Larsen ot the 16th District gave notice that he would moveLat the proper time,to reconsider
trhoeo.action ot the ~enate in defeating House Bill No.
Thetollowtng resolution ot the Senate was read third tim~ and put upon its passage: By Senator Rawlins ot the 45th District-
Senate Resolution No. 69. A Resolution providing tor the payment of the premiums on the bonds ot the tax collector and sheritt ot Telfair County; and tor other purposes.
The report or the comm!ttee,Which was favorable to
the passage ot the resolution,was agreed to.
on the adoption ot the resolution the ayes were 2~
nays o. The resolution having received the requisite Con~
stitutional majorit.Y,was passed. The tollowing message was received !rom the House
through Mr. Kingery, the Clerk thereof: Mr. President:
The House had adopted by the requisite Constitutional majority the following resolution or the House to w1t:
House Resolution No. 177. By Mr. Sutton of Wilkes and Mr. Lanier ot Richmond-
A resolution to enable the House and Senate to act

940

JouRNAL OF THE SENATE,

in harmony on pending measures. The following bill of the Senate,having been car-
ried ever as unfinished business from yesterday,was taken up for consideration: By Senator Lester of the 18th District-
Senate Bill No. 47. A Bill to be entitled an Act to alter and amend the laws relating to practice and procedure in criminal cases in courts of this State; and for other purposes.
Senator King of the 11th moved that the bill,substitute,and all amendments thereto be indefinitely postponed.
Senator Jones of the 17th moved the previous question on the bill, substi tut.e and all amendments thereto.
Senator Evans of the 29th moved that the bill, substitute and all amendments thereto be tabled.
On the motion by the Senator of the 29th the ayes were 30,nays 6.
The bill,substitute and amendments thereto were tabled.
The following bill of the Senate,having been established as a special order of business,was read third time and put upon its passage: By Senator Lester of the 18th District-
Senate Bill No. 46. A Bill to be entitled an Act to alter and amend the laws relating to practice and procedure in criminal cases in the courts ot this State; to provide the powers and duties of the judges; to provide for joint indictment; and for other purposes.
The hour of 12:30 having arrived the President announced that the Senate stood adjourned until 2:00 otclock P.M. this day.

WEDNESDAY, FEBRUARY 27, 1935.

941

AFTERNOON SESSION The President called the Senate to order. Senator King or the 11th District moved that Senate Bill No. 46t which was before the Senate betore adjournment or the morning session,and the amendment thereto be tabled. The motion prevailed. The following bill or the Senate,having been established as a special order or business tor today, was taken up tor consideration: By Senator Beasley ot the 2nd DistrictSenate Bill No. 111. A Bill to provide tor the allowance or discount on the sale and transfer in blocks or execution issued tor ad valorem taxes; and tor other purposes. Senator Simmons or the 8th District moved the previous question and the motion prevailed. The main question was ordered. On agreeing to the report or the comndttee,which was favorable to the passage or the bill,the ayes were ll,nays 22. The report or the cmmni ttee was disagreed to and the bill lost .. The following resolution or the Senate was read and referred to the Committee on Rules: By Senator McGinty or the 43rd DistrictSenate Resolution No. 85. A Resolution instructing the Secretary to have 100 copies each or House Bills No. 90 and No. 144 printed tor the use ot the Temperance Committee and Members or the Senate. The following resolution ot the Senate was read and adopted:

942

JouRNAL oF THE SENATE,

By Senator Lester of the 18th DistrictSenate Resolution No. 86. A Resolution providing
that the House of Representatives be requested to return House Bill No. 344 to the Senate.

Senator Scott or the 7th District asked unanimQUS consent that the Senate take a brief recess in order that the Rules Comnittee might meet.

The consent was granted.

The President called the Senate to order.

The following communication from the Secretary ot State was read:

Hon.Chas.D. Redwine,President, State Senatei State Capito Atlanta,Georg{a.

Dear Sir:

!,John B.Wilson,Secretary ot State of the State of Georgia,do hereby certify that a special election was held the 25th day of February,l935,in the Forty-eighth State Senatorial District of this State,consisting ot Wilco,Dodge and Crisp counties, tor State Senator in and tor said Senatorial District to till the unexpired term of Hon.ChaB.C. Fulghum,deceased,and that the consolidated returns of said special election,wh1ch are of tile 1n this off1ce,show the following result:

FOR STATE SENATOR Forty-eight Senatorial District

to till the unexpired term ot

Hon.Chas.C.Fulgbum,deceased:

T.J.Dennard, W.Kelly Holt,

Votes Received. Votes received.

Wilcox County,

459

460

Dodge County,

213

713

Crisp County,

196

145

Total

868

1318

WEDNESDAY, FEBRUARY 27, 1935.

943

Given under my hand and official seal this 27th day of February,l935.

John B. Wilson Secretary of State.

The Elect

woa. tKh eolflyoHffoiclte.ewleacsteaddmtoinifsitellredthetovSaceannactyor-

created by the death of Senator Fulghum of the 48th

District,by Associate Justice John B. Hutcheson ot

the Supreme Court of Georgia.

Mr. Scott of the 7th District Vice Chairman of the Committee on Rules submitted the following report:

Mr. President:

Your CoRUdttee on Rules have bad under consideration the following Resolution or the Senate and have instructed me as Vice Chairman to report the same back to the Senate with the foilow1ng recommendations:

Senate Resolution No. 85, do pass,as amended.

Respectfully submitted, Scott of 7th District, Vice Chairman.

The following resolution or the Senate,being favorably reported by the Committee,was read 2nd time and put upon its passage:

By Senator McGinty of the 43rd DistrictSenate Resolution No. 85. A Resolution instruct-
ing the Secretary to have printed 100 copies each of House Bills No. 90 and No. 144 for the use of the Temperance CoRUd ttee and members of the Senate.

The committee offered the following amendment:

By adding senate Bill No. 70 to the provisions of the resolution.

944

JouRNAL OF THE SENATE,

The am.endment was adopted. The resolution,as amended,was adopted. The following resolution or the House was read: By Messrs. Terrell and Groover or TroupHouse Resolution No. 141. A Resolution authorizing that two be appointed by the Speaker,and one by the President,they to investigate the wisdom or the State assuming responsibility and burden or supporting all common,or public schools in the State; and for other purposes. Senator McWhorter of the 19th District moved that further consideration of the resolution be postponed until tomorrow morning immediately following the period of unanimous consents. The motion prevailed. The following resolution of the Senate was read third time and put upon its passage: By Senator Vaughn of the 34th DistrictSenate Resolution No. 68. A Resolution authorizing and directing the State Librarian to furnish to each lawyer member of the General Assembly of Georgia,a new 1933 Code or Georgia,at actual wholesale or cost to the State or such Code. The co~ttee offered the following amendment: By striking from the caption of said resolution the word "lawyer" in the third line of said caption and further amendiug Section 1 by striking the words "such law.yer" and inserting in lieu thereof the word "each". The amendment was adopted. The report or the commtttee,which was favorable to the passage of the resolution,as amended,was agreed to.

WEDNESDAY, FEBRUARY 27, 1935.

945

On ayes

wtheerep2a6ss,nagayesoof. the

resolution,as

amended,the

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

The following privileged resolution was read and adopted:

By Senator Lester or the 18th DistrictA Resolution extencing the privileges ot the
floor to Hon.George Hines,Sollcitor-General of the
Augusta Circuit,and Hon.Chester Jones,or Augusta.

Senator Evans or the 29th District moved that the Senate adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow morning at 10:00 otclock.

946

JouRNAL oF THE SENATE,

Senate Chamber,Atlanta,Georgia. Thursday,February 281 1935.
The Senate met,pursuant to adjourmnent,at 10 otclock A.M. this day and was called to order by the President.

Prayer was offered by the Chaplain.

Senator Millican of the 28th District asked unanimous consent that the calling of the roll be dispensed wlth.

There was oojection.

The roll was called and the following Senators answered present:

Almon Atkinson Beasley Cannon Carrington Chappell Clark Cooper Crawford Darden Dennis Dickerson Duncan Edenfield
Evans
Gary

Gaskins Goodwin Harden Holt Johnson of the 31st Johnston of the 39th Kiker King Kirkland Larsen Lester McGehee McGinty McWhorter

Milhollin Millican Pope Ragan Rawlins Rucker Scott Simmons Skelton Smith Strickland Thomas Turner Vaughn Wright Mr. President.

Senator McGinty of the 43rd District,Vice Chairman o:r the Committee on Rules,reported that he had examined the Journal of yesterdayrs proceedings and found it correct.

Senator Scott or the 7th District asked unanimous consent that the reading of the Journal be dispensed with.

THURSDAY, FEBRUARY 28, 1935.

947

There was objection. Senator Scott of the 7th District moved that the reading of the Journal of yesterday be dispensed with and the motion prevailed. Senator Gaskins of the 6th District moved that tbe Senate reconsider its action in defeating House Bill No. 200 on yesterday. The motion prevailed. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President: I am pleased to return. to the Senate,by direction of the House,and at the request of your honbrable body, the following bill of the House, to-wit: By Messrs.Hartsfield,Almand and Ramsey of FultonHouse Bill No. 344. A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta,artd for other purposes. Senator Millican of the 35th District moved that the Senate reconsider its action in passing House Bill No. 344 on yesterday and tha,t the bill be re-committed to the Committee on Insurance. The motion prevailed. The Journal was confirmed. Senator Scott of the 7th District asked unanimous consent that the following be established as the order of business for today,following the first part of the period of unanimous consents: 1. Introduction of new matter,under the rules. 2. Reports or standing committees. 3. Second reading of Senate and House bills favorably reported.

948

JouRNAL OF THE SENATE,

4. Third reading and passage of uncontested local Senate and House bills and resolutions.
5. First reading of House bills for reference. 6. Putting on their passage general Senate and House bills and resolutions ready tor third read!~ The consent was granted. The following resolution of the Senate was read and referred to the Committee on Rules: By Senator McWhorter of the 19th DistrictSenate Resolution No. 87. A Resolution establishing as a special and continuing order of business following unfinished business today Senate Bill No. 184. The following bills of the Senate were introduced,read the first ttme and referred to Committees: By Senator Rawlins of the 45th District;Senator Milhollin of the 46th Distr1 ct- Senate Bill No. 203. A Bill to amend an Act amending and revising the Charter of the City of Fitzgerald;and for other purposes. Committee on Municipal Government. By Senator Rawlins of the 45th DistrictSenate Bill No. 204. A Bill to regulate the granting of new trials;and tor other purposes. Conmittee on General Judiciary No. 1. The following resolution of the Senate was 1ntroduced,read the first time and referred to Committee: By Senator Rawlins of the 45th DistrictSenate Resolution No. 88. A Resolution proposing to the qualified voters of the State of Georgia for the ratification or rejection an amendment to the Constitution of Geargia;changing the compensa-

THURSDAY, FEBRUARY 28, 1935.

949

tion per diem for members of the General Assembly; and for other purposes.
Committee on Amendments to the Constitution. Mr. Lancaster of the lOth District,Cbairman of the COlii1&1ttee on Insurance,submitted the following report: Mr. President: Your Committee on Insurance have had under consideration the following Bill or the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: Sanate Bill No. 13l,do pass,by substitute.
Respectfully submitted, P.M. Lancaster of lOth District, Chairman.
Mr. Clark of the 44th District,Chairman of the Committee on Counties and County Matters,submitted the following report: Mr. President:
Your Committee on Counties and County Matters bave 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 following recommendations:
House Bill No. 272,do pass. Respectfully submitted, Clark of 44th District, Chairman.
Mr. Skelton of the 30th District,Cha1rman of the Committee on General Judiciary No. l,submitted the following report:

950

JouRNAL oF THE SENATE,

Mr. President: Your Committee on General Judiciary No. 1 have
had under consideration the following Bill of' the Senate and have instructed me as Chairman, to. report the same back to the Senate with the following recommendations:
Senate Bill No. 192,do not pass. Respectfully submitted, Skelton of' the 30th District, Chairman.
Mr. Cooper of' the 22nd District,Cbairman of' the Committee on Municipal Government,submitted the tollowing report: Mr. President:
Your Committee on Municipal Government ba.ve had under consideration the following Bills or the House and have instructed me as Chairman, to report the same back to the Semte with the f'ollowing reconnnendations:
House Bill No. 274,do pass. House. Bill No. 460,do pass.
Respectfully submitted, Cooper of' 22nd District, Chainnan.
Senator Evans of' the 29tn District moved that Senate Bill No. 192 be read a second time and placed on the calendar in order that the report ot the committee mi~t be disagreed to.
The motion was lost.
The President lett the Chair and Senator Atkinson of' the 1st District presided.
Senator Larsen ar the 16th District arose to a
point or personal privilege and addressed the Senate.

THURSDAY, FEBRUARY 28, 1935.

951

Senator Rucker or the 50th District arose to a point or personal privilege and addressed the Senate.

The following bills or the House,ravorably reported by Cammittees,were read the second time:

By Mr. Hooard ot ChattahoocheeHouse Bill No. 272. A Bill to abolish the offices
ot Tax Receiver and Tax Collector or Chattahoochee County;and tor other purposes.

By Mr. Claxton or JohnsonHouse Bill No. 274. A Bill to amend the Charter
or the Town or Kite;and tor other purposes.

By Mr. Hooks ot GlascockHause Bill No. 460. A Bill creating a Charter
tor the Toon or Mitchell; and tor other purposes.

The President resumed the Chair.

Senator Larsen or the 16th District asked unanimous consent that all Tax Exemption bills be withdrawn from the Committee on Amendments to the Constitution and referred to some other committee.

There was objection.

Mr. Scott or the 7th District,Vice-Cha1rman of the Committee on Rules,submitted the following report:

Mr. President:

Your Committee on Rules have had under consider-

ation the following Resolution or the Senate

and the

have same

ibnascktrutoctethdemSe eanaatVe iwcei-tChhtahiremaron1ltoowrienpgort

recommendation:

Senate Resolution No. 87,do pass.

Respectfully submitted W.F. Scott,of 7th District, Vice-chairman.

952

jOURNAL OF THE SENATE,

Senate Resolution No. 87,establishing Senate Bill No. 184 as a special order,being favorably reported by the committee,was read and adopted.

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 or the House to wit:

By Messrs.Jackson of Bleckley;Edwards of Lowndes; Harris of Richmond;Dyer o:r Coweta;Spivel o:r Emanuel;Ennis or Baldwin:
House Bill No. 333. A Bill to be entitled an Act to repeal Section No. 98-102 or the Code or Georgia 1933,Which provides that members or the General Assembly Shall not be eligible,during their term, to be appointed or employed by any department or the State,and :ror other purposes.

By Mr. Settle,o:r Buttes:

House Bill No. 545. A Bill to bo entitled an Act

to by

repeal fixing

Sec the

tion dut

i

86-50l,Code es or the A

o:r Georgia of 1933 djutant General and

1

limiting his compensation and allowances;and pro-

viding :ror bond;and :ror other purposes.

By Messrs. Bennett and Twitty, or Ware: House Bill No. 572. A Bill to be entitled an Act
to amend an Act so as to give the State or Georgia authority to permit the United States to acquire lands in the Okefenokee Swamp,and :ror 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 major! ty the following Bills or the House to wit:

THURSDAY, FEBRUARY 28, 1935.

953.

By Mr. Gardner or Candl~rHouse Bill No. 684. A Bill to be entitled an Act
to amend an Act entitled "An Act to consolidate the offices or Tax Receiver and Tax Collector and to , create the office or County Tax Commissioner in the County of Candler,and for other purposes.

By Mr. Campbell or NewtonHouse Bill No. 685. A Bill to be entitled an Act
to designate the Covington-to-Porterdale State Highway in Newton County as the Oliver S. Porter Memorial Road,and for other purposes.

By Mr. Lee of.Pulaski-

,

House Bill No. 689. A Bill to be entitled an Act

to repeal an Act creating the office or Commission-

er of Roads and Revenue in and for the County of

Pulaski,and for other purposes.

By Mr.- Lee of PulaskiHouse Bill No. 690. A Bill to be entitled an Act
to create and establish a Board or Commissioners or Roads and Revenues for the County of Pulaski, to define their powers and duties,and for other purposes.

By Mr. Lee of PulaskiHouse Bill No. 691. A Bill to be entitled an Act
to amerxl an Act to abolish the office of treasurer of Pulaski County,and for other purposes.

By Mr. Lee of PulaskiHouse Bill No. 692. A Bill to be entitled an Act
to reduce the official bond or the Sheriff or Pulaski County,and for other purposes.

By Mr. Zellner or MonroeHouse Bill No. 697. A Bill to be entitled an Act
to amend the Act to abolish the offices of Tax Collector and Tax Receiver in and for the County ot Monroe,and to create in their stead a County Tax Camm1ss1oner,and for other purposes.

954

JouRNAL OF THE SENATE,

By Mr. Mallory of TwiggsHause Bill No. 702. A Bill to be entitled an Act
requiring certain officers of the County ot Twiggs to publish quarterly reports showing an itemized statement of all receipts and disbursements for such quarter,and for other purposes. By Mr. Swindle of Berrien-
House Bill No. 706. A Bill to be entitled an Act to amend an Act amendatory of an Act creating the Board or Commissioners of Berien County,so as to lengthen the term or office of such Camm1ssioners from two to four years,When elected~and for other purposes. By Messrs. Scruggs and Gilbert ot Washington-
House Bill No. 723. A Bill to be entitled an Act to amend an Act approved March 24,1933,fixing the compensation of the members of the board ot County Commissioners or Washington County,and tor other purposes.
The :following nessage was received :trom the House through Mr. Kingery, the Clerk thereof: Hr. President:
The House b~ passed by the requisite Constitutlonal majority the :following Bills o:t the House to wit: By Messrs. Hartsfield,Alamnd and Ramsey o:t Fulton-
House Bill No. 70. as amended. A Bill to be entitled an Act to amend the General Tax Act, by providing a lower and different tax an dealers, distributors or solic1tors,Automob1le and Truck not including Wholesale dealers located in a county having a city or 200,000 inhabitants or more and at a distance o:t fifteen miles or mare tram said city limits,and for other purposes. By Messrs. Spivey o:t Emanuel,Harris or Lanier and Barrett or Richmond-
House Bill No. 271. as amended. A Bill to be

THURSDAY, FEBRUARY 28, 1935.

955

entitled an Act to provide tor the acceptance or an Act of the Congress or the United States;providing for the establishment or a National Employment System to designate a State agency vested with all pooers necessary to cooperate,and tor other purposes.

The following message was received trom the House through Mr. K1ngery,the Clerk thereor:

Mr. President:

The House has passed by the requisite Constitutional majority the following Bills or the Senate~ to wit:

By senator Millican or 35th DistrictSenate Bill No. 60. A Bill to be entitled an Act
to regulate the manutacture,sale,possession,contro~. prescribing,administering,d1spensary,compounding, mixing,cultivation and growth or narcotic drugs in the State or Georgia;and ror other purposes.

The following local uncontested bills or the House . were read the third time and put upon their passage:

By Mr. Douglas or Talbot-

House B111 No. 73. A Bill to be entitled an Act

to reduce the bond or the Sher1tt ot Talbot County;

and tor other purposes.

.

The report or the committee,which was favorable to the }:&SSage O! the bill,wa.s agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

32,

The bill having received the requisite Constitutional Majority,was passed.

By Mr. Parker or UnionHouse Bill No. 82. A Bill to be entitled an Act
to repeal an Act aboliShing the officeor County Treasurer of Union County,Georgia;and ror other purposes.

956

JouRNAL OF THE SENATE,

The report of the commdttee,wh!ch was favorable to the passage of the bill,was agreed to.

on the passage of the bill the ~es were 31,
nays o.

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

By Mr. Button of WilkesHouse Bill No. 179. A Bill to be entitled an Act
to ~~nd the Charter of the City of Washington, Geargia;and for other purposes.
-
The report of the camn.ittee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Mr. Twitty of WareHouse Bill No. 182. A Bill to be entitled an
Act to repeal an Act entitled "Tax Collectors as Sheriffs No. 123 approved March 2, 1933;and for other purposes.

The report of the camm1ttee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

28,

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

By Mr. Herndon or HartHouse Bill No. 264. A Bill to be entitled an Act
to abolish the Tax Receiver and Tax Collector ot Hart County ,am to create the office or Tax Canmissioner of Hart County;and tor other purposes.

THURSDAY, FEBRUARY 28, 1935.

. 957

The. report or the committee,which was favorable to the p3.ssage or the bill,was agreed to.

on the passage or the bill the ayes were 30, nays o.

The bill having received the requisite Constitutional majority was passed.

By Mr. Gavin of ClayHouse Bill No. 292. A Bill to be entitled an Act
to repeal an Act which reduced the Territorial limits or the T(Mll or Bluffton in the COlmty of Clay;and tor other purposes.

The report of the commdttee,which was favorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

29,

The bill having received the requisite-Constitu-

tional majority,was passed.



By Mr. Whitmire of Dawson- . House Bill No. 319. A Bill to be entitled an Act
to create a Commissioner of Roads and Revenues !or Dawson County,~org1a;and tor other purposes.

The report of the comm1ttee,wh.ich was ravarable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 29, nays o.

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

By Messrs. Harts!ield,Almand and Ramsey or FultonHouse Bill No. 349. A Bill to be ent1tled an
Act to provide that certain counties of this State having a city with a population of 200.000 or more may en~er ln a contractual agreement with such counties and all municipalities; and for other purposes.

958

JoURNAL OF THE SENATE,

The report of the comm1ttee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

30,

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

By Messrs. Dyer and Arnall of CowetaHouse Bill No. 423. A Bill to be entitled an Act
to amend an Act to abolish the offices or Tax Receiver and Tax Collector or Coweta County,and to create the office or County Tax Cammissioner;and tor other purposes.

The report or the conmittee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 26,nays o.

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

By Mr. Bush or MillerHouse Bill No. 453. A Bill to be entitled an
Act to establish the City Court or Miller County; and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

29,

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

By Mr. Fowler of TreutlenHouse Bill No. 405. A Bill to be entitled an Act
to amend an Act creating the office or Tax Commfssioner or Treutlen County,and !or other purposes.

The report of the cammittee,which was favorable to the passage or the bill,was agreed to.

THURSDAY, FEBRUARY 28, 1935.

959

un
nays

the
o.

passage

ot

the

bill

the

ayes

were

29,

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

By Mr. Williams o! CoffeeHouse Bill No. 478. A Bill to be entitled an Act
to amend an Act aboliShing the o!tices ot Tax Receiver and Tax Collector o! Cot!ee County and establiShing the offices ot Tax Commissioner ot Cottee County ,and tor other purposes.

The report ot the comm1ttee,which was favorable to thepassage ot the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

29,

The bill having received the requisite Constftutional majority,was passed.

By Mr. Bush ot MillerHouse Bill No. 502. A Bill to be entitled an Act
to !ix the amount . ot the bond ot the Sheriff o! Miller County,and for other purposes.

The report or the co~ttee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

ot

the

bill

the

ayes

were

30,

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

By Mr. Hampton ot FanninHouse Bill No. 520. A Bill to be entitled an Act
to amend,consol1date and supersede the several Acts incorporating the City or Blue Ridge,Fannin County, Georgia, and tor other purposes.

The report ot the committee,which was favorable to the passage of the bill,was agreed to.

960

JouRNAL or THE SENATE,

On nays

toh. e

passage

or

the

bill

the

ayes

were

31,

The bill having received the requisite.Const1tut1 ona.l major! ty,was passed.

By Hr. Hampton or FanninHouse- Bill No. 526. A Bill to be entitled an Act
to- amend an Act to consolidate and supersede the several Acts incorporating the Town or McCaysville, _ and tor other purposes.

The report or the comm1ttee,which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

~ssage

or

the

bill

the

ayes

were

30,

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

By Mr. Daughtry or WilkinsonHouse Bill No. 527. A Bill to be entitled an Act
to reduce the official bond or the Sheriff or the County or Wilkinson;and tor other purposes.

The report or the committee,which was ravorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

31,

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

By Mr. Ray or ApplingHouse Bill No. 528. A Bill to be entitled an Act
to reduce the official bond or the Sheriff or Appling Cmmty,Georgia,and tor other purposes.

The report or the commlttee,which was :ravorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

31,

THURSDAY, FEBRUARY 28, 1935.

961

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

By Mr. Townsend o:r DadeHouse Bill No. 556. A Bill to be entitled an Act to abolish the offices or Tax Collector and Tax Receiver o:r Date County{~ to create the office o:r Tax Commissioner o:r sa d County; and tor. other purposes.

The report of the comm1ttee,which was favorable to the passage o:r the bill,was agreed to.

On the passage o:r the bill the ayes were 29,
nays o.

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

By Mr. KellY o:r ElbertHouse Bill No. 608. A Bill to be anti tled an Act
to amend the charter or the City ot Elberton;and !or other purposes.

The report of the co~ttee,which was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

31,

The bill having received the requisite Constitutional major1ty,was passed.

By Mr. Minchew o:r AtkinsonHouse Bi!l No. 618. A Bill to be entitled an Act
to reduce the Official bond o:r the Sheri!! of Atkinson County;and !or other purposes.

The report o:r the committee,wh1eh was favorable to the passage o:r the b1ll,was agreed to.

o.On the passage o:r the bi~l the ayes were 3l,nays

962

JouRNAL oF THE SENATE,

The bill having received the requisite Constitutional majority,was passed.
The following resolution of the Senate was read ana referred to the Committee on Rules: By Senator Evans ot the 29th District-
Senate Resolution No. 89. A Resolution establishing as an order of business tor the day immediately following the order already established House Resolution No. 177.
The following bills of the House were read the :first ttme and referred to Committees: By Messrs. Stephens and Hogan ot Laurens-
House Bill No. 309. A Bill to amend an Act to establish a Board or. three Commissioners of Roads and Revenues in and tar the county ot Laurens; and tor other purposes Camudttee on Counties and County Matters. By Messrs. Jackson ot Blackley,Edwards of Lowndes, Harris of R1chmond,Dyer of Coweta,Spivey of Emanuel,Ennis of Baldwin-
House Bill No. 333. A Bill to amend an Act which provides that members of the General Assembly shall not be eligible,during their ter.m,to be employed by any Department of the State;and for other purposes.
Committee an Special Judiciary. By Mr. Settle ot Butts-
House Bill No. 545. A Bill to repeal the Code of Georgia of 1933 by f1x1ng the duties of tbe Adjutant-General and l~it1ng his compensation; and for other purposes.
Committee on M111tary Atta1rs.
By Messrs. Tw1tty and Bennett ot Ware-
House Bill No. 572. A Bill to amend an Act per-

THURSDAY, FEBRUARY 28, 1935.

963

mitting the United States to acquire lands in tl).e Okefenokee Swamp;and tar other purposes.
Committee on State ot Republic. The following bill o:r the senate,under the head of-special orders,was taken up tor consideration: By Senator Redwine ot the 26th District,Senator King o:r the 11th District Senator Pope ot the 15th District and Senator Beasiey ot the 2nd DistrictSenate Bill No. 72. A Bill to be entitled an Act to improve the public schools ot the State,ma.ke them mare efficient and less expensive;to require all boards ot education and the proper governing authorities ot all scnools receiving State aid to furnish all bookB,and necessary supplies,to pupils on a rental basis;to provide tor the collection ot the rentals;to provide tor a uniform system o:r text books in all schools receiVing State aid;and tor other purposes.
'
Senator Larsen ot the 16th District o:r:rered an amendment.
Senator Pope ot the 15th District ot:rered a.substitute to the original bill.
Senator Vaughn o:r the 34th District o:r:rered an amendment to the substitute by Senator Pope.
Senator Vaughn o:r the 34th District o:r:rered another amendment to the substitute by Senator Pope.
Senator McGinty ot the 43rd District moved that the Senate adjourn at 12:30 today and reconvene at 1:30 to remain in session until 3 oclock P.M. this day.
The motion prevailed.
The hour ot 12:30 haVing arrived the President announced that the Senate stood adjourned until 1:30 P.M. this day.

964

JouRNAL oF THE SENATE,

AY.L'ERNOON SESSION The President called the Senate to order. Senator Larzen of the 16th District,who was speaking at the close or the morning session,resumed the floor. Senators Millican or the 35th District,Atkinson of the 1st District,Rucker or the 50th District and Smith of the 24th District offered an amendment to the substitute by Senator Pope of the 15th District far Senate Bill No. 72. Senators Millican or the 35th District,Atkinson of the 1st District,Rucker of the 50th District and Smith of the 24th District offered an amendment to the original bill. Senator Simmons of the 8th District moved the previous question on Senate Bill No. 72,the substitute and all amendments thereto and the motion prevailed. The main question was ordered. The amendment by Senator Larsen or the 16th District was lost. The amendment by Senators Millican or the 35th District,Atkinson of the 1st District,Rucker of the 50th District and Smith or the 24th District was adopted. The amendments by Senator Vaughn or the 34th District to the sUbstitute was lost. The amendment by Senators Millican of the 35th District,Atkinson or the 1st District,~cker of the 50th District and Smith of the 24~ District, to the substitute is as follows: By adding to Section 12 the following:

THURSDAY, FEBRUARY 28,_ 1935.

965

"Provided that the provisions of this Act may . be optional with City SChool Systems,Independent School Systems or County School Systems :turn1shing tree text books or who now maintain a rental syetem satisfactory to the State Superintendent of Schools."
The amendment was adopted. The substitute b,y Senator Pope of the 15th District was as follows:
A BilL To be entitled an Act to improve the public sChools of the State,make them more efficient and less expensive;to require all boards or education and the proper governing authorities of all schools receiving State aid to furnish all books,and necessary supplies, to pupils on a rental basis; to provvide for the collection of the rentals;to provide for a uniform system of text books in all schools receiving State aid;and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. All county boards or education,and boards of education of all independent school systems,and the proper governing authorities or all schools in this State receiving State aid,shall purchase and have on hand at the first day of each term,and furnish to all pupils attending such schools all books,paper,pens,pencils,ink,tablets and all other school supplies,on a rental basis, as provided by this Act. SECTION 2. The systEm or text bo oks used by all the schools or this State receiving State aid shall be uniform throughout "the State,and no school shall use any books except those regularly adopted by the State school author! t1 es and necessary supplemental books,except as herein provided. SECTION 3. The rental tees to be fixed by the Board ot Educat1on,Shall not exceed:

966

jOURNAL OF THE SENATE,

25~ per month tor the First Grade

25~ per month :ror the Second Grade

30~ per month tor the Third Grade

4350Jt

per per

month month

tor tor

the the

Fourth Grade Firth Grade

45~ per month tor the Sixth Grade

50~ per month :ror the Seventh Grade

65~ per month tor the Eighth Grade

65J per month tor the Ninth Grade

65J per month tor the Tenth Grade

65~ per month tor the Eleventh Grade

. The State Superintendent or Schools may,~pon proper Showing by any Board ot Education ~t the maximum rental tees are inadequate tor the needs ot that particular sChool,allow a rental increase not exceeding ten cents per month tor any one grade.

The rental tees my be paid annually or semiannually in advance. In ease of a transfer or any pupil who has paid the rental tees in advance !rom one school system to another,the unused rental tees Shall be remitted.

SECTION 4. The various county boards or education

and trustees or boards or education or independent

systems are authorized to use any funds necessary

trom whatever per cent. o:r t

hseougrcreosds eoripveerad"1tninogt

exceeding five income tor the

preceding year,to purChase boOks and supplies as

provided by this Act,and may pledge receipts tram

:rentals tor that purpose. All moneys received

!rom rentals shalr be kept separate and used only

tor buying necessary books and supplies,except as

herein provided.

SECTION 5. The State Superintendent ot Schools is hereby authorized to formulate plans and tix prices whereby privately owned State adopted, second-hand text books now in use may be acquired, and the value thereof credited against the rental tees of the pupils.

THURSDAY, FEBRUARY 28, 1935.

967

SECTION 6. The State Superintendent or Schools is hereby authorized to formulate and promulgate rules and regulations to protect the text books furnished on a rental basis as herein provided,so as to assess against the parents or guardians of pupils any damage or loss to such text books not occasioned by ordinary use.
SECTION 7. From and after the approval or this Act all publishers and/or wholesale dealers in sChool books,desiring to submit bids,shall,aa a condition precedent file with the proper State authorities a veriried,itemized statement Showing the cost or production or each book sutm1tted,th1s in!onnation to bn confidential to State authorities to whom bids are subn1.l tted.
SECTION 8. This Act shall become e!!ective,as to rental fees in all schools receiving State Aid, on September 1, 1933, but those schools not now using State adopted books may continue to use the same until the present book contracts are changed and until the books then on hand become unserviceable.
SECTION 9. The State SUperintendent of Schools is authorized and dir9cted to adopt and promulgate all necessary rules and regulations !or the collection and protection of the rental fees.
SECTION 10. The SUperintendent or all schools receiving State aid are charged with the collection and preservation of rental !ees,and those not noo under bond shall give an 1ndemni'&Y bond payable to the Board of Education,cond1tioned far the accounting for all moneys coming into their hands and the faithfUl performance of all duties devolving under this Act,the amount of the bond to be fixed by the Board of Education,and the premiums on
said bonds to be paid by said Boards.The Boards ot
Education shall furnish the Superintendents such clerical help as may be needed,the expenses to be paid out or the rental rees,wh1ch expense Shall not exceed ?% or the rental tees collected. In no case

968

JouRNAL oF THE SENATE,

shall any school officer receive any additional compensation for services rendered under this Act.

SECTION 11. No part of the State school fund, and no part of any appropriation made for educational purposes,shall be paid to any school,or any county board of education,or the trustees or boards of education of any independent school system which shall fail or refuse to comply w1 th all of the provisions of this Act.

SECTION 12. That all laws and parts of laws in conflict herewith are hereby repealed.

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 amended,the ayes

woferethe32b,nial ly,sb yo. s u b s t i t u t e

as

The bill,by substitute as amended,havlng received the requisite Constitutional majorlty,was passed.

Senator Evans or the 29th District asked unanimous consent that the Senate take a brier recess in order that the Rules Committee might meet.

The consent was granted.

The President called the Senate to order.

Senator Pope or the 15th District asked unanimous consent that Senate Bill No. 72 be immediately transmitted to the House,and consent was granted.

Mr. Scott of the Seventh District,Vice-Chairman of the Committee on Rules,submltted the following report:

Mr. President:

Your Committee on Rules have had under considera-

THURSDAY, FEBRUARY 28, 1935.

969

tion the !ollowing Resolution o! the Senate and have instructed me as Vice-cbairman,to report the same back to the Senate with the !ollow1ng recommendation:
Senate Resolution No. 89,do not pass. Respect!ully,submitted. W.F. Scott o! 7th District, Vice-chairman.
The !ollowing resolution o! the House was read and put upon its passage: By Messrs. Terrell and Groover o! Troup-
House Resolution No. 141. A Resolution authorizing that two be appointed by the Speaker o! the House and one by the President o! the Senate,they to investigate the wisdom o! the State assuming responsibility and burden o! supporting all connnon, or public schools in the State,and !or other purposes.
On the adoption o! the resolution the ayes were 12, nays 18.
The resolution was lost. The !ollowing resolution o! the Senate was read and adopted: By Senator Evans o! the 29th District and Senator Chappell o! the 13th DistrictSenate Resolution No. 90. A Resolution requesting the House to act upon certain Senate measures now be!ore the House and extending them greetings and best wiShes !or a successful session. The !ollow1ng bill o! the Senate,having been reconsidered and placed upon the calendar, was taken up !or consideration: By Senator Evans o! the 29th District-Senate Bill No. 22. A Bill to amend the Act

970

JouRNAL or THE SENATE,

creating a Text Book Commission tor the State of Georgia;to provide how text books used in the common schools of this state shall be adopted, prepared,published,purchased,distributed and sold; and for other purposes.

On the passage or the bill the ayes were 27, nays 1.

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

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

By Senator Almon of the 37th District and Senator McWhorter of the 19th District-
Senate Bill No. 184. A Bill to reorganize and reconstitute the Highway Department of Georgia; and for other purposes.

Senator Almon of the 37th District and Senator McWhorter or the 19th District offered the following substitute:

A BILL

To be entitled An Act to amend Title 95("Roads,

Brigges and Ferries"~,Part IV,(state Highway Sys-

~~~~2i~~6~~~r;;7~r~~~~~t!~d~~~d~:ft~~i~!~~ng 1n

the cost or construction" )of the Code or Georgia

of 1933 by striking all or said section and enact-

ing in lieu thereof a new section to be numbered

95-1721 providing for the control and supervision

ot state aid roads and their construction and for

the payment of the expenses of obtaining rights-of-

way by th6 county in which said road 1s situated;

and for other purposes.

-

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Title 95("Roads,Bridges and
Ferries"),Part IV~("State Highway System)!Chapter 95-17("State Aid Hoads") or Section 95-172 ("Counties Prohibited from Participating in the Cost of

THURSDAY, FEBRUARY 28, 1935.

971

Constructiona) of the Code of Georgia of 1933 be and the same is hereby amended by striking and repealing all of said Section 95-1721 and enacting in lieu thereof a new section to be numbered Section 95-172~ and to read as follows:
"95-1721. control and supervision of State Aid Roads;Expense of Procuring Rights-of-Way borne by County. When a road is approved as a part of the system of State Highways,the establishment of such road and its construction,including locat1on,surveys,grading,and paving,shall be Wlder the control and supervision or the State Highway Board. All expenses necessary tor such construction, including surveysithe location or relocation of such roads,and a1 other expenses connected with the establishment and construction thereofiexcept the expense or procuring rights-of-way,sha 1 be paid by the Board out of tunds allocated to the Highway Department. It shall be the duty of county commissioners or other county authorities having control of county roads to assist in procuring the necessary rights-of-way as cheaply as possible,and all expenses thereof,including the purchase price or any land purChased for a right of-way,and all direct and consequential damages awarded in m1y proceeding brought to condemn any such right-or-way,shall be paid by the county in which such road is situated out of the county treasury;and no part or the state-aid road fund shall be used to defray the expense of obtaining any such right-of-way, or to pay the purchase price thereot,or to pay any damages awarded on account of the location or any such state-aid road." SECTION 2. All laws and parts or laws in conflict herewith are hereby repealed. The substitute was adopted. The report of the committee,Which was favorable to the passage or the bill,by substitute,was agreed to.

972

JouRNAL or THE SENATE,

On the passage o! the bill,by substitute,the ayes were 31,nays 2.
The bill,by substitute,hav1ng received the requisite Constitutional majority,was passed.
Senator Chappell o! the 13th District asked unani~ mous consent that Senate Resolution No. 90 be i~ mediately transm1tted to the House,and consent was granted.
Senator Almon o! the 37th District asked unanimous consent that Senate Bill No. 184 be immediately transmitted to the House,and. consent was granted..
The following bill o! the Senate,as an orderor unfiniShed business,was taken up !or consideration: By Senator Smith o! the 24th District,Senator Millican o! the 35th District,senator King o! the 11th District,and Senator McGinty o! the 43rd District-
Senate Bill No. 129. A Bill to amend the Code o! Georgia o! 1933 providing that the State SUperintendent o! schools shall be Secretary under Executive Agent o! the State Board o! Education fixing the compensation ror such services !rom $2500.00 annually to $4000.00 annually;and !or other purposes.
Senator Crawford or the 42nd District moved the previous question and the motion prevailed.
The main question was ordered On the passage or the bill,as amended,the ayes were 17,nays 16. The bill,as amended,baving !ailed to receive the
. requisite Constitutional majority,was lost The following bill ot the Senate was read third time and put upon ita passage:

THURSDAY, FEBRUARY 28, 1935.

973

By Senator Milhollin of the 46th DistrictSenate Bill No. 117. A Bill to amend Chapter 5-2
of Title 5 of the Code or Georgia or 1933,wbich relates to the Bureau of Markets of the Department of Agriculture;and for other purposes.

The Committee offered the following amendment:

"By striking !rom said bill the words and including products of grove or orchard' at the end or Section I,of said bill,and a~so striking tand including products of grove or orchardt,where said words appear in Section II.

"By adding the following words at the end of Section II: Provided,nothing in this Act shall be construed,as in any way,interferring with the sale by a producer to a consumer."

The committee amendment was adopted.

The report of the cammittee,which was !avorable to the passage of the bill,as amended,was agreed to.

On
were

3thl,enapyasssaog.e

of

the

bill,as

amended,the

ayes

The bill,as amended,having received the requisite Constitutional ~jori~y,was passed.

Senator Rucker of the 50th District asked unanimous consent that Senate Bill No.ll7 be immediately transmitted to the House,and consent was granted.

Senator Larsen of the 16th District arose to a point of personal privilege and addressed the Senate.

The President lett the Chair and addressed himsalt to the Senate on a point or personal privilege.

Senator Scott or the 7th District presided.

Senator Larsen of the 16th District again arose to the point or personal privilege and addressed the Senate.

The President resumed the chair.

Senator Skelton of the 30th District moved that the session or the Senate be extended tor ten m1nutes,and the motion prevailed.

974

JouRNAL or THE SENATE,

Senator Skelton or the 30th District arose to a point or personal privilege and addressed the Senate.
Senator Beasley or the 2nd District arose to a point or personal privilege and addressed the Senate.
Senator Johnson ot the 31st District arose to a point or personal privilege and addressed the Senate
.Senator Crawtord or the 42nd District arose to a point or personal privilege and addressed the Senate.
Senator Stmmons o! the 8th District arose to a point or personal privilege and addressed the Senate.
Senator Kiker or the 41st District was granted a leave or absence.
The following privileged resolutions were read and adopted: By Senator Dennis or the 28th District-
A Resolution extending the privileges or the floor to Hon. W.H. Key,a former member or this body.
By senator Kirkland or the 49th DistrictA Resolution extending the privileges of the
floor to Hon. Albert L. Cobb,ot Savannah,Georgia. By Senator Milhollin of the 46th District-
A Resolution extending the privileges or the floor to Hon. Walter Akerman,ot Cartersville,Ga. By. Senator Larsen or the 16th District-
A Resolution extending the privileges or the floor to Hon. J.A. Merret,Solicitor General ot the Dublin Judicial Circuit.
The hour or adjournment having arr1ved,the President announced that the Senate stood adjourned until tomorrow morning at 10 o'clock A.M.

FlliDAY, MARCH 1, 1935.

975

Senate ChamFbriedra,Ayt,Hlaanrtea1nG1e,o1r9g3i5a.. The senate met,pursuant to adjournment,at 10 otclock A.M. this day and was caJ.led to order by the President. Prayer was ottered by the Chaplain. The President announced the following committee assigmnents tor Senator W. Kelly Holt or the 48th . District: Commerce,Congressional and Legislative Reapportionment,Constitutional Amendments,Conservation, Corparation,CQunties and County Matters,Finance, Game and Fish,Halls and Roams,MuniCipal Government, Privileges ot the .tloor,Chairman ot Public ProPerty,General Judiciary No. TWo,State o.t Republic, Temperance and Western and Atlantic Railroad. Senator M111can o.t the 35th District asked unanimous consent that the calling o.t the roll be d1spensedcwith and consent was granted. Senator McGinty or the 43rd D1strict,Vice Chairman or the Committee on Journals,reparted that he had examined the JournaJ. o.t the preceeding day and .tound it correct. Senator Millican or the 35th District asked unanimous consent that the reading o.t the Journal be dispensed ~ith and consent was granted. The Journal was confirmed. Senator Lester o.t the 18th District asked unanimous consent that the session or tne Senate today be extended until 2 or clock and that Ythen 1t adjourn today tnat it stand adjourned until 11 oclock Monday morning,next. The consent was granted.

976

JouRNAL OF THE SENATE,

Senator Lester of the 18th District aSked unanimous consent that the following be established as the order of business today,following the first part of the period of unanimous consents:
1. Introduction of new matter,under the rules. 2. Reports of standing committees. 3. First reading of House bills for reference. 4. Third reading and passage of local uncontested Senate and House bills and general Senate and House bills with local application. 5. Putting on passage general Senate bills ready for third reading. The following bills of the Senate were introduce~ read the first time and referred to Committees: By Senator Cannon of the 40th DistrictSenate Bill No. 205. A Bill to increase the mileage of the State Aid Road System in Counties of Fannin,Union and Lumpkin;and for other purposes. Committee on Highways and Public. Roads.
By_Senator Edenfield or the 4th District-
Senate Bill No. 206. A Bill to award a medal to every officer and enlisted man who served honestly and faithfully on the Mexican Border and in the World Har;and for other purposes.
Committee on Military affairs. By Senator Rawlins of the 45th District-
Senate Bill No. 207. A Bill to provide tor the election of all County Commissioners of the State of Georgia;to define their duties and powers;fix
compensation; and tor other purposes.
Committee on General Judiciary No. 1. By Senator Rawlins of the 45th District-
Senate Bill No. 208. A Bill to amend an Act which created the office of Roads and Revenues for the County of Telfa1r,def1ned powers and duties qual!-

FRIDAY, MARCH 1, 1935.

977

!ications and compensation;and !or other purposes.

Committee on Counties and County Matters.

By Senator Kirkland o! the 49th District-

Senate Bill No. 209. A Bill to provide !or the

leasing and controlling o! the Statets property

win.

the City o! Chattanooga
&A. Railroad Lease;and

not !or

covered by the other purposes.

Committee on Western and Atlantic Railroad.

By Senator Kirkland o! the 49th DistrictSenate Bill No. 210. A Bill creating the City
Court of Claxton by fixing the salary o! the Judge thereo!,providing !or its Stenographer to said court;and !or other purposes.

Committee on Special Judiciary.

The following resolution o! the Senate was read and adopted:

By Senator Lester o! the 18th District~ Senate Resolution No. 91. A Resolution request-
ing the Warm Springs Foundation to accept Miss Eunice Haygcod as a patient.

Mr. Goodwin o! the 20th District,Cbairman o! the Committee on Privileges and Elections,subm1tted the following report:

Mr. President:

Your Committee on Privileges and Elections have

had under consideration the following Bill o! the

House and have in the same back to

st ht reu cSteendatme ew1atshCthhaeinnt oanl1toowirnegp o r t

recommendation:

House Bill No. 2l6,do pass.

Respecttully submitted, W.M. Goodwin or 20th District, Chairman.

978

JouRNAL or THE SENATE,

Mr. Crawtord ot the 42nd District,Cbairman 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 have instructed me as Chairman, to report the same back to the Senate w1 th the follOWing recanmendations:
House Bill No. 195,do pass. House Bill No. 194,do pass
RespectfUlly submitted, Crawtard of 42nd District,
Cba.trman.
Mr. Vaughn ot the 34th District,Chairman of the Committee on Special Judiciary,subm1tted the t ollowing report: Mr. President:
Your Committee on Special Judiciary have had umer consideration the following Bills of the Senate and ha.ve instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 78,do not pass. Senate Bill No. 167,do pass.
Respectfully submitted, Vaughn of 34th District, Cbairman.
Mr. Chappell of the 13th District,9hairman ot the Committee an Public Library, submitted the following
report: Mr. President:
Your Committee em Public Library have had under

FRIDAY, MARCH 1, 1935.

979

consideration the following Resolutions or the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Resolution No. 166 do pass. House Resolution No. 43-270A,do pass.

Respectfully submitted Allen Chappell or 13th District, Chairman.

Mr. Cooper or the 22nd District,Chairman or the Committee on MUnicipal Government,submitted the following report:

Mr. President:

Your Committee on MUnicipal Government have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the Sana te w1 th the following recommendation:

House Bill No. 63,do pass,by Senate Substitute.

Respectfully submitted, Cooper at 22nd District, Chairman.

Mr. Johnson ot the 31st District,Cha1rman of the Committee on Amendments to the Constitutian,submitted tne following report:

Mr. President:

Your Committee on Amendments to the Constitution have had under consideration the folloWing Bills and Resolutions or the House and Senate and have instructed me aa Chairman, to report the Same back to the Senate with the following recommendations:

Senate Bill No. 156,do pass. Senate Bill No. 200,do pass.



980

JouRNAL OF THE SENATE,

Senate Resolution No. 13,do pass. Senate Resolution No. 15,do pass. senate Resolution No. 50,do pasa. Senate Resolution No. 83,do pass. House Bill No. 9l,do pass,as amended. House Bill No. 32,do pass,as amended. House Resolution No. 12,do pass,as amended.

RespectfUlly submitted, Johnson of 31st District, Chaizman.

Mr. Clark of the 44th District,Chaizman of the Committee on Counties and County Matters,submitted the !Ollov:1ng report:

Mr. Presirtent:

Your Cohm1ttee on Count!es and County Matters have had under consideration the following Bills of the Hoi.lSe and senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 89 do pass. House Bill No. 49S,do pass. House Bill No. 515,do pass. House Bill No. 514,do pass. House Bill No. 518,do pass. House Bill No. 519,do pass. House Bill No. 52l,do pass. House Bill No. 522,do pass. House Bill No~ 524,do pass. House Bill No. 569,do pass. House Bill No. 59l,do pass. House Bill No. 592 do pass. Senate Bill No. 15S,do pass. Senate Bill No. 19l,do pass. Senate Bill No. 199,do pass.

RespectfUlly submitted,

Clarke of 44th District,



Chat.zman.

FRIDAY, MARCH 1, 1935.

981

The following bills ot the House were read the first time and referred to Committees:

By Messrs. Hartstield,Almand and Ramsey ot FultonHouse Bill No. 70. A Bill to amend the General
Tax Act,by providing a lower and different Tax on dealers,di~tributors or solicitors,Automobile and Truck not including uholesale dealers,located in certain counties;and tor other purposes.

Committee on Finance.

By Messrs. Spivey ot Emanuel;Harris,La.nier and Barrett ot Richmond-
House Bill No. 271. A Bill to provide tor the acceptance of an Act ot the Congress of the United States;providingtor the establishment of a National Employment System;and tor other purposes.

Committee on State of Republic.

By Mr. Gardner ot Candler- . House Bill No. 684. A Bill to amend an Act con-
solidating the offices of Tax Receiver and Tax Collector in the County ot Candler;and tor other purposes.

Committee on Counties and County Matters.

By Mr. Campbell ot Newton-

House Bill No. 685. A Bill to designate the

CCoouvnitnygtaosn-tthoe-POolritveerdr asle.

State Highway in Newton Porter Memorial Road;and

tor other purposes.

Committee on Highways.

By Mr. Lee ot PulaskiHouse Bill No. 689. A Bill to repeal an Act cre-
ating the ott1ce ot Commissioner of Roads and Revenue 1n and tor the County ot Pulask1;and tor other purposes.

Committee on Counties and County Matters.

982

JouRNAL OF THE SENATE,

By Mr. Lee of PulaskiHouse Bill No. 690. A Bill creating and estab-
lishing a Board of Commissioners of Roads and Revenues for the County of Pulaski;and for other purposes.
Committee on Counties and County Matters. By Mr. Lee of Pulaski-
House Bill No. 691. A Bill to amend an Act abolishing the office of Treasurer of PulaSki County;and for other purposes.
Committee on Counties and County Hatters. By Mr. Lee of Pulaski-
House Bill No. 692. A Bill to reduce the official bond of the Sheriff of Pulaski County;and .for other purposes.
Committee on Counties and County Matters. By Mr. Zellner of Monroe-
House Bill No. 697. A Bill to amend the Act to abolish the offices of Tax Collector and Tax Receiver for the County of Monroe,and to create in their stead a County Tax Commissioner;and for other purposes.
Committee on Counties and County Matters. By Mr. Mallory of Twiggs-
House Bill No. 702. A Bill requiring certain officers of Twiggs County to publish quarterly reports showing an itemized statement of all receipts for such quarter;and for other purposes.
Committee on Counties and Cou_~ty Matters. By Mr. Swindle of Berrien-
House Bill No. 706. A Bill to amend an Act amendatory of an Act creating the board of Commissioners of Berrien County,so as to lengthen the term of office of such Commissioners;and for other

FRIDAY, MARCH 1, 1935.

9lm

purposes.

Committee on Counties and County Matters.

By Messrs. Scruggs and Gilbert or washingtonHouse Bill No. 723. A Bill to amend an Act
approved March 24,1933,tixing the compens~tion ot the members or the Board or Cotmty Cc:mnissioners or Washington County;and tor other purposes.

Camn!ttee on Counties and County Matters .

The following local uncontested bills or the House were read third time and pu~ upon their passage:

By Dr. Howard ot CbattahoocheeHouse Bill No. 272.- A Bill to be entitled an
Act to_abolish the offices or Tax Receiver and Tax Collector or Chattahoochee County,and create the o!tice or Tax Cammissioner,and tor other purposes.

The report of the camnittee,whieh was favorable
. to the passage of the bill,was agreed to
On the passage of the bill the ayes were 30,
nays o.

The bill having received the requisite constitutional majority,was passed.

By Mr. Claxton o! JohnsonHouse Bill No. 274. A Bill to be entitled an Act
to amend an Act amending the charter or the ~own ot Kite,and for other purposes.

The report of ~he Comm1ttee which was favorable to the passage or the bill,was agreed to.

on
nays

oth.e

passage

ot

the

b1ll,the

ayes

were

29,

The bill having received the requisite constitu-

tional majority,was passed.

_

984

JouRNAL OF THE SENATE,

By Mr. Johnston ot UpsonHouse Bill No. 288. A Bill to be entitled an Act
to abolish the ottices ot Tax Receiver and Tax Collector ot Upson County;to create in lieu or said ottices,the ottice ot Tax Cammissioner;and tor other purposes.

The following Committee amendments were read and

adopted:

-

By the Committee--Amend House Bill No. 288 by adding a new section as tollows:

Section 11. Be it turther enacted that the issue as to Whether or not the ottices ot Tax Receiver and Tax Collector ot Upson County shall be abolished,and an of'f'ice to be known as County Tax Comm1ssioner ot Upson County,shall be established, by submitting to a vote ot the qualified -electors of' Upson County at the next State general election to be held in tn~ said county arter the passage and approval ot this Act. Provided that should a majority ot the qualified electors voting in said election cast their ballots in ravor of' the consolidation herein proposed,then,and 1n that event, the otf'ices of' Tax Receiver and Tax Collector or Upson County shall stand abolished and in their place the consolidated of'f'ice ot Tax Commissioner of' Upson County shall be created and established.

By the Comm1tteeAmend turther by numbering Section 11 in said
House J3ill No. 288 as follows: section 12".

The report ot the Camm!t.tee v.hich was favorable to the passage of' the bill,as amended,was agreed to.

On the passage of' the bill,as amended,the ayes were 3l,nays_o. _

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

FRIDAY, MARCH 1, 1935.

985

By Mr. Hooks o:r GlascockHouse Bill No. 460. A Bill to be entitled an Act
to create a charter tor the Town o:r M1tchell,and tor other purposes.

The report o:r the committee whicn was tavorable to the passage ot the bill,was agreed to.

On nays

toh. e

passage

o!

the

bill

the

ayes

were

30,

The bill having received the requisite constitutional majority,was passed.

Senator S~ons o:r the 8th District asked unanimous consent that Senate Bill No. 20 be re-committed to the Committee on Highways and Public Roads and the consent was granted.

The tollow1ng bills ot the Senate were read third time and put upon their passage:

By Senator Thomas o! the 33rd DistrictSenate Bill No. 130. A Bill to be entitled an
Act to amend the Code of Georgia ot 1933 providing a provision prescribing the manner o! descent and distribution o! such estate where-the wife dies within the period o! twelve months after the death of the husband and leaves no lineal descendants; and !or other purposes.

The report of the committee,wnich was favorable to the passage ot the bill,was agreed to.

On the passage of the bill the ayes were.26, nays 5.

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

By Senator ator Evans

Korirtkhlaen2d9othf

the 49th District District-

and

Sen-

Senate Bill No. 120. A B111 to be entitled an

Act to vest in the Tax Collector and Commissioners

986

JouRNAL OF THE SENATE,

or the State or Georgia all the powers or Sherirrs or their respective counties relative to the collection and levy or all tax ri. ras;and tor other purposes.

Senator Millican or the 35th District moved the previous question and the motion prevailed.

The main question was ordered.

Senator Evans or the 29th District called tor the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the atr1rmative were Senators:

Clark

Evans

Lester

Cooper

Kirkland

Vaughn

Crawford

Larsen

Those voting in the negative were Senators:

Atkinson

Johnson ot the Millican

Cannon

31st

Ragan

Carrington

Johnston or the Rawlins

Chappell

39th

Rucker

Dickerson

King

Simmons

Duncan

Lancaster

Skelton

Gary

McGehee

Smith

Gaskins

McGinty

Strickland

Harden

McWhorter

Thomas

Holt

Milhollin

Wright

The roll call was verified.

The ayes were 8 ,nays 28.

The bill having tailed to receive the requisite Constitutional majority,was lost.

Not voting were: Senators Almon or the 37th Distr1ct,Beasley ot the 2nd District,Darden ot the 51st D1strict,Denn1s or the 28th District,Edentield ot the 4th Distr1ct,Goodwin or the 20th District, Hart or the 36th District,Jones of the 17th Dist-

FRIDAY, MARCH 1, 1935.

987

trict,Kiker o! the 41st District,McLeod or the 9th District,Pope ot the 15th District,Scott or the 7th District and Turner o! the 32nd District.
Senator Skelton ot the 30th District asked unanimous consent that Senate Bill No. 130 be reconsidered in order to place an amendment thereto.
There was. objection. The following message !rom the House was received trom Andrew J. Kingery,Clerk. Mr. President: The House has agreed to amendments or the Senate to the following bills: By Mr. Moore ot HaralsonHouse Bill No. 219. A Bill to be entitled an Act to amend an Act to create a Board o! Commissioners ot Roads and Revenues tor Haralson County;and tor other purposes. By Mr. Salter o! BakerHouse Bill No. 376. A Bill to be entitled an Act tD ~nd an Act approved August 8th,l917 entitled "An Act to create a Board o! Commissioners o! Roads and Revenues tor Baker Countyfand tor other purposes.. By Messrs. Grit!in and Mills o! DecaturHouse Bill No. 367. A Bill to be entitled an Act to create a Board ot Commissioners ot Roads and Revenues tor the County o! Decatur,State ot Georgia; and tor other purposes. The following message was received trom the House through Mr. Kingery, the Clerk thereof: Mr. President: The House has passed by the requisite Constitutional majority the following Bills and Resolutions ot the House to wit:

988

JouRNAL OF THE SENATE,

By Mr. Dobbins ot MorganHouse Bill No. 140. A Bill to be entitled an Act
!ixing the license tee tar retailing or vending spiritious,intoxicating or malt. liquors in Morgan Caunty,and tor other purposes. By Messrs. Stephens and Hogan o! Laurens.
House Bill No. 630. A Bill to be entitled an Act to change the number o! Terms o! the Superior Court in Laurens County,in the Dublin Judicial Circuit, and !or other purposes By Mr. Marshall o! Macon-
House Bill No. 660. A Bill to be entitled an Act to !1x the amount ot the bond o! the Sheri!! o! Macon County,and !or other purposes. By Mr. Bradley o! Tattna.ll-
House Bill No. 705. A Bill to be entitled an Act to amend an Act approved August 18, 1927 creating and de!ining the duties o! a Board o! Commissioners ot Roads and Revenues !or the County o! Tattnall, by changing the means ot electing the members o! said Board,and !or other purposes. By Messrs. Bannister and Tipton ot Thomas-
House Bill No. 719. A Bill to be entitled an Act to abolish the ott1ces ot Tax Receiver and Tax Collector of Thomas County,and !or other purposes. By Messrs. Scruggs and Gilbert o! Washington- .
House Bill No. 722. A Bill to be entitled an Act approved March 2, 1933 by providing that the county council o! Washington County shall be elected by the grand jury instead o! by the people,and !or other purposes. By Messrs. Terrell o! warren and Pounds o! Hancock-
House Resolution No. 178. A Resolution to increase the use of cotton in the State o! Georgia, and !or other purposes. By Messrs.Bloodworth,Freeman,and Bowden o! Bibb-
House Resolution No. 171-763c. A Resolution

FRIDAY, MARCH 1, 1935.

989

designating the bridge over the Ocmulgee River at Spring Street in the City of Macon,Bibb County, Georgia,as the W.L. (Young)Stribling Memorial Bridge.
The following message was received from the House through Mr. Kingery, the Clerk thereof: .Mr. President:
The House bas passed by the requis1te Const1tutional majority the tollowingBills and Resolution ot the Sanate to w1t: By Senator Lester of the 18th-
Senate Resolution No. 25. A Resolution to relieve the Raman Catholic Society in the City of Augusta. By Senator Milhollin of the 46th -
Senate Bill No. 116. A Bill to be antitled an Act to amend an Act providing tor the appointment and election or a Board or Commissioners or Roads and Revenues for the County or Cotfee;and for other purposes. By Senato:r Millican of the 35th-
Senate Bill No. 159. A Bill amending Section 4Z1 and 429 or city of Atlanta Code. By Senator Rucker ot the 50th-
Senate Bill No. 65,as amended. A Bill to be entitled an Aet amending the Charter or the Mayor and Council or the City of Athens,and changing the term of the Recorder. By Senator Scott of the 7th-
Senate Bill No. 95,b.Y SUbstitute. A Bill to be entitled an Act to amend the Act creating the City Court or Tho.masville,by fixing the salaries or the Judge and Solicitor-General thereof.,
Senator Lancaster or the lOth District aSked lnlanimous consent that turther consideration or Senate Bill No. 131 be postponed until Monday,March 4, 1935.

990

JouRNAL OF THE SENATE,

The consent was granted.

The following bills or the Senate were read

third time and put upon_their passage:



By Senator Atkinson o! the 1st DistrictSenate Bill No. 135. A Bill to extend the Penal
Laws relating to illegal practices in general elections to all primary elections;and !or other purposes.

The report or the comm1ttee, which was favorable to the passage or the bill,was agreed to.

u.On the passage o! the bill the ayes were 32,nays

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

By Senator Chappell or the 13th DistrictSenate Bill No. 140. A Bill to be entitled an
Act to amend the Code ot Georgia ot 1933 so as to increase the amount to be diatributed,and prescribe new requirements tor shcools;to authorize the State Board ot Education to make rules and regulations tor distribution ot tunds;and tor other purposes.

The report or the comm1ttee,wh1ch was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

ot

the

bill

the

ayes

were

29,

The bill havi~ received the requisite Constitutional majority,was passed.

Senator Simmons or the 8th District asked unanimous consent that Senate Bill No. 140 be imediately transmitted to the House and consent was granted.

By Senator Larsen or the 16th DistrictSenate Bill.No. 141. A Bill to be entitled an Act

FRIDAY, MARCH 1, 1935.

991

to amend Section 4361 or the Civil Code relating to the limitation or actions on warrants,checks;and. tor other purposes.

The report or the committee,wnich was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 30, nays 1.

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

Senator Skelton of the 30th District suggested

the absence or a quorum,the roll was called and

the following answered to their names:

Beasley

Johnson of the Millican

Cannon

31st

Ragan

Carrington

Johnston of the Rawlins

Clark

39th

Rucker

Cooper

King

Simmons

Crawford

Kirkland

Skelton

Darden

Lancaster

Smith

Dennis

Larsen

Strickland

Duncan

Lester

Thomas

Evans

McGehee

Turner

Gary

McGinty

Vaughn

GaSkins

McWhorter

Wright

Harden

Milhollin

Mr. President

Hart

The President announced that a quorum was present.

By Senator King of the 11th DistrictSenate Bill No. 142. A Bill to be entitled an
Act regulating the sale or firearms,including machine guns,prescribing the keeping and sale or such arms,and providing a penalty for the violation or this Act;and for other purposes.

The report of the co.mm1ttee,wh1ch was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 32,
nays o


992

JouRNAL OF THE SENATE,

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

Senator Larsen of the 16th District asked unanimous consent that consideration of Senate .Bill No. 148 be postponed until Wednesday,March 6,1935.

The consent was granted.

By Senator Skelton of the 30th District- .

.

Senate Bill No. 152. A Bill to amend the Code ot

Georgia of 1933 providing tor the payment ot fifty

cents cost to Sheriffs making entries of nulla

bona on tax executions;and for other purposes.

The report ot the cammittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 26, nays 1.

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

By Senator Rucker of the 50th DistrictSenate Bill No. 154. A Bill to amend an Act
approved February 20, 1933 fixing the fiscal year of the Regents of the University Systemiand tor other purposes.

The report of the comm.1ttee,which was favorable to the passage of the pill,was agreed to.

on
nays

toh. e

passage

of

the

bill

the

ayes

were

32,

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

senator Rucker or the 50th District asked unanimous consent that Senate Bill No. 154 be immediately transm1tted to the House and consent was granted.

Senator Darden of the 51st District asked unanimous consent that Senate Bill No. 157 be re-com-


FRIDAY, MARCH 1, 1935.

993

ndtted to the Committee on State of the Republic and consent was granted.

By Senator Chappell of the 13th DistrictSenate Bill No. 160. A Bill to be entitled an
Act to amend the Code of Georgia of 1933 which provides that a testator may by will dispense with the necessity of his executor making an inventory or return;and for other purposes.

Senator Atkinson of the 1st District offered an amendment which was adopted.

The report of the cammittee,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 16, nays 14.

The bill,as amended,having failed to receive the requisite Constitutional majority,was lost.

By Senator Scott of the 7th DistrictSenate Bill No. 155. A Bill to be entitled an Act to amend the Georgia Code of 1933 with reference to the filing of bills of exceptions and to the time for making out and transndtting transscripts of records;and for other purposes.

Senator Cooper of the 22nd District offered the following amendment to Senate Bill No. 155:

By adding in Section 1 of said bill,tmmediately

after Supreme Court,the words,"and/or the Court ot

Appeals".



The amendment was adopted.

The report ot the cammittee,which was favorable to the passage ot the b1ll,as amended,was agreed to.

On the passage of the b1ll,as amended, the ayes

994

JouRNAL OF THE SENATE,

were 32,nays 1.

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

By Senator Rawlins or the 45th District-

Senate Bill No. 161. Act to amQnd the Code

ar

A Bill to be entitled an Georgia which prescribes

those Who shall be subject to road duty;and tor

other purposes.

The report or the comm1ttee, which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

28,

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

By Senator B~asley or the 2nd DistrictSenate Bill No. 164. A Bill to be entitled an
Act to provide !or the payment to the Clerks and Sheriffs or felony costs in cases where the defendant is conv1cted in certain counties;and !or other purposes.

The report or the committee;which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

28,

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

Senator Cooper ot the 22nd District asked unanimous consent that consideration ot Senate Bill No.
168 be postponed until Tuesday,March 5,1935.

The consent was granted.

By Senator Beasley o! the 2nd District- . Senate Bill No. 163. A Bill to be entitled an

FRIDAY, MARCH 1, 1935.

995

Act to amend an Act in certain counties providing tor the trial ot insane persons in said state;and tor other purposes.

Senator Beasley or the 2nd District ottered the following amendment:

By adding to Section one,line nine,atter the word "sherirt the following words:

in Counties ot not less than 15,410 and not more than 15,415 according to the census ot 1930."

The amendment was adopted.

The report ot the cammittee,Which was favorable to the passage ot the bill,as amended,was agreed to.

On
were

t2h7e,napyasssaog.e

or

the

bill,as

amended,the

ayes

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

By Senator Skelton or the 30th DistrictSenate Bill No. 173. A Bill to be entitled an
Act to provide tor the redemption or real estate sold at tax sales by municipal authorities;and tar other purposes.

The report or the cammittee,Which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 27, nays o.

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

By Senator Skelton or the 30th DistrictSenate Bill No. 174. A Bill to be entitled an Act
to amend the Code or Georgia or 1933 relating to county property and the sale ot same by authorizing the ordinary to execute deeds thereto;and tor other purposes.

996

JouRNAL oF THE SENATE,

The report or the committee,which was favorable to

the passage or the bill,was agreed to.

on nays

toh. e

passage

or

the

bill

the

ayes

were

27,

The bill having received the requisite Cons~itu

tional majority,was passed.

By Senator Crawford or the 42nd DistrictSenate Bill No. 178. A Bill to be entitled an
Act to abolish the Board of Commissioners of Roads and Revenues of Chattooga County,Georgia;and for other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 29, . nays o.

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

By Senator Skelton of the 30th DistrictSenate Bill No. 175. A Bill to be entitled an
Act to amend the Code or Georgia or 1933 relating to the redemption or real estate at tax sales and purchased by county authorities by providing tor such redemption within two years;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

on the passage or the bill the ayes were 29, nays o.

The bill haVing received the requisite Constitutional major1ty,was passed.

By Senator Larsen of the 16th DistrictSenate Bill No. 177. A Bill to be entitled an
Act providing that an election tor the Office ot Lieutenant-Governor shall be first held at the next General Election after the approval or this Act;and tor other purposes.

FRIDAY, MARCH 1, 1935.

997

Senator Beasley ot the 2nd District moved the previous question and the motion prevailed.

The main question was ordered.

The report ot the co.mmittee,which was favorable to the passage ot the bill,was agreed to.

On the passage ot the bill the Ses were 30,
na;ys 2.

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

Senate Resolution No. 81 was read a third t~e, whereupon Senator McWhorter ot the 19th District asked unanimous consent that turther consideration ot this resolution be postponed until Monday,March
4, 1935.

The consent was granted.

By Senator Smith ot the 24th DistrictSenate Bill No. 188. A Bill to be entitled an
Act amending an Act to provide tor the appointment or a Deputy Marshall by the Marshall or the MUnicipal Court ot Columbus;and tor other purposes.

The report or the comm1ttee,which was tavorable to the passage or the bill,was agreed to.

On
neys

oth.e

passage

ot

the

bill

the

ayes

were

29,

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

Senator Cooper ot the 22nd District asked unanimous consent that consideration or Senate Biil No. 179 be postponed until Monday,March 4,1935.

The consent was granted.

998

JouRNAL oF THE SENATE,

By Senator Skelton of the 30th DistrictSenate Bill No. 185. A Bill to be entitled an
Act amending Code Section 38-1606(5861) of the 1933 Code of Georgia so that plaintiffs and defendants may testify in cases involving actions for breach of promise;and for other purposes.
The report of the cammittee,Which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 26, nays 6.
The bill having received the requisite Constitutional majority,was passed.
Senator Skelton of the 30th District asked unanimous consent that further consideration of Senate Bill No. 190 be postponed until Monday,March 4, 1935.
The consent was granted. Senate Bill No. 95 by Senator Scott of the 7th District,a bill amending the Act which created the City Court of Thomasville,was taken up for the purposes of considering the following House Substitute thereto: Messrs. Bannister and Tipton of Thomas offered the following substitute:
A BILL To be entitled an Act to amend an Act approved August 18, 1905,entitled: "An Act to establish the city cour~ o! Thamasville,in and for the county of Thomas;to define its jurisdiction and pcw1ers;to provide for the election of a judge and other officers thereot;to define their powers and dut1es,and for other purposes,"by providing that the judge or said court shall receive a salary or not less than $2000 per annum,and not more than $3000 per annum, to be fixed by the County Commissioners of said county;to provide that the solicitor of said court

FRIDAY, MARCH 1, 1935.

999

shall receive a salary or not less than $1500 per annum and not more than $2000 per annum to be fixed by the COlmty Commissioners o! said county;to repeal an Act approved August 9,1909,relating to the compensation or the solicitor or said court;to repeal an Act approved July 28,192l,providing !or the fixing or the salary or the Judge or said court,and an Act approved August 9 1923,providing tor the :tixing or the salary o:r the golicitor or said court; to provide tor the payment or tees into the county treasury;and tor other purposes.

Be it enacted by the General Assembly o:r Georgia:

SECT ION ONE That the Act o! the General Assembly approved
Aciutgyuscto1u8r,t19o:0r 5TLneanmtiatlsevdillneA,ninAacntdtotoerstthaeblcisohuntthyeor
Thamas;to define its jurisdiction and powers;to provide !or the election of a judge and other officers thereo:r;to define their powers and duties, and tor other purposes,n be and the same is hereby amended by striking from Section 12 thereof the following language: aThe said judge shall receive a salary of twelve hundred dollars per annum,which shall be pai"d monthly out of the treasury o:r Thomas County;sa1d salary shall not be increased or diminished during h1s term o:r o:t!1ce,except to apply at a subsequent term,"and insert1Df in lieu thereof the following language, to-wit: The sa1d judge shall receive a salary or not less than two thousand dollars per annum and not more than three thousand dollars per annum which shall be fixed annually,within the :rorego!ng lim1tations,by the County Commissioners or Thomas County at their first meeting in January or each yearLand shall be ~id monthly out .ot the treasury o:r '!'nomas County, so that sa1d Section 12,as amended,shall read as follows:

section 12. Be 1t further enacted by the author-

biteyaat:rloeraessta1tdw,ethnatyt -tehieghjtudygeearsofosraaidge;cmouusrtt

must have

been a resident o:r the county of Thomas at least

1000

JouRNAL OF THE SENATE,

three years immediately preceding his election, and a practicing attorney at law at least five years before his election. Before entering upon the discharge of his duties,he shall take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to persons,and do equally right to the poor and the rich ,and that I will taithfully and impartially discharge and perform my duties, which may be required or me as judge of the city court of Thamasville,in the county of Thamas,of this State,according to the best of my ability and understand1ng,agreeable to the laws and Constitution of this State and the Constitution of the United States,so help me God. SUch oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said judge may practice law in any other court except the one provided for by this Act;he shall have authority to issue criminal warrants,to dispossess tenants holding over and intruders;to issue distress warrants,and generally to do all acts which the judges of the county courts are generally authorized to do,unless otherwise provided in this Act. The said judge shall receive a salary of not less than two thousand dollars. per annum and not more than three thousand dollars per annum,which shall be fixed annually within the foregoing lim1tat1ons,by the County Commissioners of Thomas County at their first meeting in January of each year ,and shall be paid monthly out of the treasury of Thomas County. Said judge shall have the same power to enforce his orders,preserve order,and punish tor contemp~ and enforce laws and judgements,as is vested by law in the judges or the superior courts of this State. "
SECTION TWO. That said Act approved August 18,1905,be and the same is hereby amended by striking tram Section 16 thereof the following language, to-wit: "The fees or the Solicitor-General or the said city sourt shall be as follows: For every person prosecuted to trial

FRIDAY, MARCH 1, 1935.

1001

or plea or guilty,ten dollars;ror every case settled before a judgement,verdict or plea,rive dollars; tor every indictment or special presentment prosecuted to trial or plea or guilty,f1ve dollars; same tee if settled or withdrawn, or abandoned betore trial;for every case for the violating or the gambling laws of this State,twenty-tive dollars; tor representing the State in every case carried to the SUpreme Court from said city court,fifteen dollars,and tor all services for which this Act does not provide,he shall receive the same tees as are no.v allowed by law for the same service in the superior courts, and inserting in lieu thereof the tollowing,to-wit: "The said solicitor-general shall receive a salary or not less than fifteen hundred dollars per annum and not more than two thousand dollars per annum,which shall be fixed annually, within the limitations prescribed herein,by the County Commissioners or Thomas County at their first meeting in January or each year,and shall be paid monthly !rom the county treasury or Thomas County", so that said Section 16,as amended,shall read as follows:
section 16. Be it further enacted,that there Shall be a solicitor-general or said city court ot Thomasville,who shall be elected by the qualified voters or the county or Thamas,at the next general election held in said county tor the election of county officers in October, 1908,whose term or office shall be for four years,beginning on the first day or January,l909. Said solicitor-general Shall be commissioned by the Governor for a term of tour years !rom his election and qualification. Said solicitor-general shall be elected under the same rules and regulations as other county officers are elected. All vacancies shall be filled by the Governor of the Stat~ or Georgia,Who shall appoint a solicitor-general or said city court to hold office until the first day or January next succeeding the next general election tor county officers in said county,arter the said vacancy occurs,at which election a successor shall be elected to

1002

JouRNAL or THE SENATE,

fill the unexpired term,if any. Said solicitorgeneral shall be the prosecuting attorney of the said city court of Thamasville;he must be at least twenty-five years old at the time of his election;must have been a resident of the county of Thamas for at least three years ~ediately preceding his election. He shall prosecute for all offenses cognizant before the court,and shall represent the State in all cases carried to the Supreme Court from said city court but in his absence the judge may appoint a solicitor-general pro tem,who shall receive the same fees allowed to the solicitor-general in cases conducted by him. The said solicitor-general shall receive a sa~ary of not less than fifteen hundred dollars per annum and not more than two thousand dollars per annum,which shall be fixed annually,with1n the limitations prescribed herein,by the County Commissioners of Thamas County at their first meeting in January of each year,and shall be paid monthly from the county treasury of Thomas County."

SECTION THREE That the Act approved August 9, 1909, entitled "An Act to amend 'An Act to establish the City Court of Thomasville, in and for the county of Thomas;to define its jurisdiction and powers;to provide for the election of a judge and other officers thereof;to define their .powers and duties, and for other purposest,approved August 18,1905, so as to change date of term and limit fees of solicitor-general",be and the same is.hereby repealed.

SECTION FOUR

That Act to

the Act approved July amend an Act,approved

J28~y19331l,,1en91t18t,laesdfo"uAnnd

in Georgia Laws for 1918,cammencing on Page 343

and ending on Page 345,entitled 'An Act to amend

an Act entitled an Act to establish the City

Court of Thomasville, in and for the County of

Thomas;to define its jurisdiction and powers,etc.,

approved August 18, 1905,as amended the Act approv-.

ed August 6, 1912,so as to change and fix the salal"y

FRIDAY, MARCH 1, 1935.

1003

ot the Judge of said Court,and tor other purposest, so that !ram and after the passage of this Act and until otherwise provided,the salary of the Judge ot said Court shall be forty-five hundred dollars per annum,instead ot,as provided by said Act of July 31,1918,three thousand dollars,and tor other purposes",be and the same is hereby repealed.
SECTION FIVE. That the Act approved August 9,1923,entitled: "An Act to amend an Act entitled tAn Act to establish the city court ot Thomasville in and tor the County or Thomas or said State. To define its jurisdiction and powers,etc. Approved August 18, 1905,as amended by an Act approved August 9,1909,' so as to abolish the fees accruing to the office of Solicitor-General in criminal cases in the city court or Thomasville in this State,as provided by the said Act approved August 18,1905,and the said Act approved August 9,1909,and in lieu thereof to provide a salarY tor said officer;to provide tor the payment of such salary and tor the disposition of the fines and fees which under the two said acts would accrue to the office or Solicitor-General,1n said city court,and to impose certain duties upon the judge or said court with reference to collectio~ payment and disposition or all funds,moneys and emoluments accruing to said office or SolicitorGeneral under the aforesaid Acts or this State",be and the same is hereby repealed.
SECTION SIX. The said solicitor-general or said city court shall collect and deduct tram all fine,rorteitures and fees arising from the trial,disposition or institution or criminal prosecutions in said court the same fees which are allowed the solicitorgenerals or the various judicial circuits by law for similar services, in the same way and manner
as it such tees were allowed to h1m,and shall pay
the same into the county treasury or Thomas County.
SECTION SEVEN. This Act shall became effective January 1,1936.

1004

JouRNAL oF THE SENATE,

SECTION EIGHT That all laws and parts or laws in conflict with this Act be and the same are hereby repealed. The Senate agreed to the House Substitute for .senate Bill No. 95. Senate Bill No. 65 by Senator Rucker of the 50th District,a bill amending the Charter or the City or Athens,was taken up tor the purpose or considering the following House amendments thereto: The Committee moves to amend Senate Bill No. 65 as follows: By striking therefrom the first comma in the third trom the last sentence in Section 1 and inserting in lieu thereof a period and striking all or the following language wh+ch succeeds said stricken comma,as follows: "And to have the right to order execu"Ci on to issue the name or said Mayor and Council or the City or Athens against said property owner,and to further provide that after said execution shall issue,tbat it may be paid by said , abutting property owner over a term or years and at a rate or interest to be fixed by said Mayor and council or the City or Athens. And that this method or paving and assessing shall be exclusive. Provided that the Mayor and Council shall approve thereer. Said Bill to be further amended by adding to Section l,thereor the tour following paragraphs: Be it further enacted by the authority aforesaid that upon the tailure of any property owner,upon the completion or said paving, to pay any assessment hereunder levied,the Mayor and Council of'the City or Athens shall issue execution in the name or the Mayor and Council or the City or Athens against such property owner and such property tor such sums as may be due, with accrued interest.. ror such paving or improvements as are made by virtue or this Act,and the said Mayor and Council shall have

FRIDAY, MARCH 1, 1935.

1005

the right to en!orce the payment or such execution by levy and sale,the execution to be issued and sale thereunder to be conducted as in the case o! the issuance or executions and sales !or city taxes,and the purchaser at such sale shall acquire the same rights as a purchaser at a sale conducted under the laws providing tor the en!orcement or tax executions issued by the Mayor and Council o! the City o! Athens.
Be it turther enacted by the authority aforesaid that a!ter any execution provided tor in this Act shall issue that it may be paid by said property owner over a term or years to be fixed by said Mayor and Council or the City or Athens and said execution to bear the legal rate or interest.
Be it further enacted by the authority aforesaid that the Mayor and Council or the City or Athens shall have the express authority to sell,negotiate, or transter any or all executions issued hereunder, and to pledge,hypothecate,or use as collateral any or all such executions tor any loan or loans negotiated by said Mayor and Council and the said Mayor andCouncil are expressly authorized to borrow on such executions as collateral ,and in the event title to any execution or executions issued hereunder shall pass to any transteree,assignee,or purchaser,or in cases where such execution or execution& are held as collateral or in pledge tor a debt past-due,then the holder or aald title or holder o! such execution or executions as collateral shall have the same right as to enforcement or payment as the Mayor and Council or tbe City or Athens enjoyed,and shall have the right to enforce the same in the name ot the Mayor and Council or the City ot Athens.
Be it turther enacted by the authority atoresaid that this method or paving and assessing costs ther~ot,issu1ng executions,and sale thereunder shall be exclusive.
Said Bill to be further amended by striking tram Section 2 the second paragraph thereo!,reading as

1006

JouRNAL oF THE SENATE,

follows: "Atter the termination or the present

tenure ot said o!tice,the Mayor and Council o! the

City, o! Athens shall elect a Recorder at the first

meeting in January after said termination. The

salary o! said o!!ice shall be One Hundred Dollars

per month,with the right on the part ot said Mayor

and ing

Council in lieu

t t

o he

in re

cre of

a a

s

e p

r

said ovisi

sa on

l

arerayd1

n and
ing a

s

by fo

insert llows:

-

"The o!tice ot Recarder or the Mayor and Council

ot the City ot Athens shall be tilled by popular

vote ot the registered voters ot the Mayor and

Council or the City or Athens at an election to

be held under the same regulations as provided

tor the election o! memebers ot the council o!

the Mayor and Council o! the City o! Athens. The

election shall be held on the first Monday in

June,l935.

There shall be only one polling place and that to be in the Council Chamber o! the Cit.Y Hall.

The term ot o!!ice ot said Recorder shall be three (3) years;connnencing !ran the first Monday in July, 1935.

The min~ sal~ tor said office shall be One Hundred ($100)dollars per month.

All candidates tor said office shall tile their entry with the clerk o! the Council ten(lO) days before the election and otherwise shall be disqualified.

Provided turther,that the City Attorney ot the Mayor and Council ot the City or Athens shall also be elected by popular vote,under the same rules and regulations and at the same time and place as provided tar the election ot the Recorder.

The Salary ot said City Attorney shall be a min1mum o! One Hundred ($100) dollars per month.

All expenses ot holding said election shall be borne in equal part by the candidates tor the o!!ice

FRIDAY, MARCH 1, 1935.

1007

ot Recorder;!! more than one;and 1! only one candidate,said candidate shall bear the entire expense.
Likewise,the expense ot said election shall be borne by the candidates tor City Attorney,!! more than one;and 1! only one,.then the candidate.
The term o:r office or said City Attorney shall be three (3) years,connnenc1ng with the first Monday in July, 1933.
The Senate agreed to the House amendments to Senate Bill No. 65.
The following message was received tram the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House bas passed by the requisite Const1 tut1onal majority the following Bills a.nd Resoluti.on of the House to wit: By Messrs. Deal and Preston of Bulloch-
HoHn.auHseomReresco.luPtiaornkeNr ot.o1r8t0h.eAPRosetsoolfutAiosnsiesntadnotrsing
~secretary ot War under President Franklin D. Roosevelt. By Messrs. Hartstield,Alnand and Ramsey or Fulton -
House Bill No, 345. A Bill to be entitled an Act to amend an Act establiShing a new charter for the City o:r Atlanta,and for other purposes. By Mr. Dobb_ins or Morgan-
House Bill No. 141. A Bill to be entitled an Act to repeal an Act approved Novembe~ 30,1900, prohibiting the manufacturing in Morgan County or any alcoho11c,sp1r1tuous,malt or intoxicating 11quors,except domestic wines made or grapes and berries.
By unanimous consent the following resolution of the House was read and adopted:

1008

JouRNAL or THE SENATE,

By Messrs. Preston and Deal of BullochHause Resolution No. 180. A Resolution endorsing
Hon. Homer C. Parker for the post of Assistant Secretary of War under President Franklin D. Roosevelt.
Leave or absence.was granted Senator Evans of the 29th District on account of improtant legal business.
Leave of absence was granted Senator McGehee of the 25th District on account of important business.
Leave of absence was granted Senator Goodwin of the 20th District in order that he might attend Court.
The following privileged resolutions were read and adopted: By Senator Skelton of the 30th District-
A Resolution extending the priveleges of the floor to Hon. L.L. Morris,Jr., of Hartwell,Georgia. By Senator Dennis of the 28th District-
A Resolution extending the privileges or the floor to Mr. Herbert Sonthoff,of Berlin,Germany. By Senator Carrington of the 27th District-
A Resolution extending the privileges of the . floor to Professor Stancil,Superintendant of. the City Schools of Fitzgerald,Georg1a. By Senator Cooper of the 22nd District-
floAoRr etsoolHuotino.nwe.wxt.enLdairnsgent,hser.p,froivr.imleegrems eomfbetrheof
Congress from Georg1a,and father of the senator of the 16th District. By Senator Crawtord of the 42nd District-
A Resolution extending the privileges of the floor to Hon. Ralph Rosser,Solicitor-General of the Rome Judicial Circuit.

FRIDAY, lVIARCH 1, 1935.

1009

The President announced that there was nothing further lett to be done;that the first time in the history o! the state,so tar as he knew,and certainly the first time in 25 years,at the period three weeks before the end o! the sessiop,the State Senate found itself with the Secretaryts desk cleared o! every bill,ready !or passage,save one,and that one had to go over on account o! the absence or the author,by his request.
The President announced that,the hour o! adjoUrnment having arrived,the Senate stood adjourned until Monday morning at 11 oclock.

1010

JouRNAL OF THE SENATE,

Senate Chamber,Atlanta,Georgia. Monday,March 4,1~35.
The Senate met,pursuant to adjournment,at 11 o'clock A.M. this day and was called to order b.Y the President.
Prayer was ottered by the Chaplain. Senator McWhorter or the 19th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted. Senator Hart ot the 36th District,Chairman ot the Committee on Journals,reported that he had examined the Journal or the preceeding session and round it correct. Senator Skelton or the 30th District gave notice or a motion to reconsider the action or the Senate in passing Senate Bill No.l78. Senator Millican ot the 35th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted. Senator Crawford or the 42nd District moved that the Senate reconsider its action in passing Senate Bill No.l78 and the motion prevailed. The Journal was confinned. The following message was received trom the House through Mr.Kingery,the Clerk thereof: Mr.President: The House has passed by the requisite Constitutional majority the following Bills or the House to wit: By Messrs.Bloodworth,Bowden and Freeman of Bibb: House Bill No.l05,as amended. A Bill to be en-

MoNDAv, MARCH 4, 1935.

1011

titled an Act to repeal an Act which provides the t~e at which primary elections for nomination tor County officers shall be held in certain counties or this State,and for other purposes. By Messrs.Hartsfield,Almand,and Ramsey of Fulton-
House Bill No.346. A Bill to be entitled an Act to amend an Act establishing a new Charter for the City or Atlanta by abolishing the office or Warden and creating Director or Relief,and for other purposes. By Mr. Teasley of Cherokee~
House Bill No.504. A Bill to be entitled an Act to amend Section 95-802 or Code,so as to exempt certain persons in certain counties from payment or commutation tax,and tor other purposes.
By Mr.Henderson of Irwin-
House Bill No~523,as amended. A Bill to be entitled an Act to abolish the offices or Tax Receiver and Tax Collector,and create the office or Tax Cammissioner or Irwin County,and for other purposes. By Messrs.Lanier!~arris and Barrett or Richmond-
House Bill No.~o. A Bill to be entitled an Act to amend Section 95-2112 or Chapter 95-21 or 1933 Code or Georgia,so as to authorize certain Counties to sell and/or use surplus certificates or indebtedness or the Highway Department to purchase state adopted school books for elementary grades,to be loaned tree or charge.and tor other purposes. By Mr.Teasley of Cherokee-
House Bill No. 589. A Bill to be entitled an Act to provide for the payment,by counties in this State having a population,according to the Census or 1930, or not less than 19,950 nor more than 20,150 of actual cost incurred in the Superior Courts for the trial and conviction or misdemeanor convicts worked by said counties upon the public roads-or same. By Mr. Teasley _ot_ Cherokee-
House Bill No. 590. A Bill to be entitled an Act

1012

JouRNAL OF THE SENATE,

to provide tor the payment or a salary in lieu or tees to sheritts in certain counties in this State, and tor other purposes.

By Mr.Jackson of HabershamHouse Bill No.645. A Bill to be entitled an Act
to amend an Act incorporating the City or Cornelia and operate a waterworks and/or sewerage system within or without the incorporate limits or Cornelia, and tor other purposes.

By Mr.Freeman ot EarlyHouse Bill No.682. A Bill to be entitled an Act
to repeal sections Two and Four or an Act incorporating the City or Blakely,and tor other purposes.

Bj' Mr. Bland or stewa.rt-

House Bill No.698. A Bill to be entitled an Act

to tix the amount or bond or the sheritt or Stewart

County,and tor other purposes.



By Mr. Gnann or Ettingha.mHouse Bill No.700. A Bill to be entitled an Act
to provide that the Mayor and Aldermen or Spring- tield may close and convey that portion or Cleveland Street between Oak and Maple Street,and tor other purposes.

By Mr.Ray or ApplingHouse Bill No.703. A Bill to be entitled an Act
to amend an Act approved August 21,19ll,creating and establishing a Charter and incorporating the City ot Baxley,and tor other purposes.

By Messrs.Perry and Houston or WorthHouse Bill No.713. A Bill to be entitled an Act
to repeal the Act approved March lst,l933,Georgia Laws,l933,which consolidated the ottices ot tax receiver and tax collector or Worth County,and created the ottice ot County tax commissioner thereby abolishing and discontinuing the ottices or tax receiver and tax collector,and tor other purposes.

MoNDAY, MARCH 4, 1935.

1013

B.Y Messrs.Perry.and Houston ot WorthHouse Bill No.714. A Bill to be entitled an Act
to amend the Act entitled "An Act to create and establish a Board or Commissioners or Roads and Revenues or Worth County,and tor other purposes. By Messrs.Perry and Houston or Worth-
House Bill No.715. A Bill to be entitled an Act to amend the Act entitled an Act to establish a City Court in the City or Sylvester and to det1ne its jurisdiction and powers,and tor other purposes. By Mr.Edwards ot Stephens-
House Bill No.726. A Bill to be entitled an Act to reduce the bond or the sheritt ot Stephens County, trom $10,000.00 to $3,000,00,and tor other purposes. B.Y Mr.Rawlins ot Ben Hill-
House Bill No.734. A Bill to be entitled an Act to amend an Act incorporating the City or Fitzgerald, by increasing the number or members ot the Board or Education,and tor othe~ purposes. By Mr.Johnston ot Upson-
House Bill No.738. A Bill to be entitled an Act to change the amount ot the bond ot the Sheriff or Upson Count,y,and tor other purposes. By Messrs.Terrell and West or Hall-
House Bill No.754. A Bill to be entitled an Act to amend an Act establishing the Lula School District, by providing tor election or members,detining the powers and duties or the Secretary,and tor other purposes. By Messrs.Lindsay,Guess and Ansley or DeKalb-
House Bill No.786. A Bill to be entitled an Act to amend an Act,providing a new charter tor the Town ot Decatur,so as to change the time tor closing the registration books or said City,and tor other purposes. B,y Hessrs.L1ndsay,Guess and Ansley or DeKalb-
House Bill No.788. A Bill to be entitled an Act

1014

JouRNAL OF THE SENATE,

to amend an Act incorporating the Town ot Decatur ,so as to change the tor.m ot ballot used in holding elections,and tor other purposes.

By Mr.0ulpepper or Fayette-

House Bill No.240. A Bill to be entitled an Act

to make appropriations tor the operation ot the

State Government,tor the support of its Eleemosynary

Institutions,tor aid to the University Systam,and to

the Common Schools or the State,and tor other pur-

poses.



By Messrs.Lindsay,Guess and Ansley ot DeKalbHouse Bill No.787. A Bill to be entitled an Act
to amend an Act providing a new charter tor Decatur, so as to authorize said town to enter into contracts with other cities to supply water and sewer connections and tor other purposes.

Senator Skelton ot the 30th District asked unanimous consent thatthe following be established as the order or business today ,t.ollowing the first pa.rt or the period or unanimous consents:

1. Introduction or new matter,under the rules. 2. Reports or standing committees,and messages from the Governor. 3. First reading or House Bills tor reference. 4. Second reading or Senate and House Bills favorably reported. 5. Third reading and passage or local uncontested Senate and House Bills and Resolutions,and general Senate and House Bills with local application. 6. Putting on their passage general Senate and House Bills ready tor third reading.

The consent was granted.

The following resolution of the Senate was read and adopted:

By Senator Rucker ot the 50th District and Senator Carrington ot the 27th District-
Senate Resolution No.92. A Resolution extending

MoNDAY, MARCH 4, 1935.

1015

the sympathy or the Senate to the familY or Mrs. John M. Williams,deceased.

The following Bills or the Senate were introduced, read the first tima and referred to committees:

By Senator King of the 11th DistrictSenate Bill No.211. A Bill to regulate the dis-
tribution and sale or insecticides and fungicides manufactured or sold tor use in controlling an~al insect pests or diseases;and for other purposes.

Committee on Agriculture.

By Senators Atlcinson or the 1st District ,Beasley of the 2nd District and Edenfield of the 4th District-
Senate Bill No.212. A Bill to prescribe the rights,duties and responsibilities ot the Coastal Highway District;and tor other purposes.

Committee on Highways and Public Roads.

By Senator Carrington of the 27th District-

Senate Bill No.213. A Bill to amend Title 68

("Motor Vehicles") Carriers") ot the

~1,C;ohdeapotferG6e8o-r5gia("Mofot!o9r3C3

ont by

ract def

in-

ing motor carriers;and tor other purposes.

Committee on Motor Vehicles.

By Senator Millican of the 35th DistrictSenate Bill No.214. A Bill to amend Sections
26-6301 and 26-6302 or the Penal Code of 1933 which provides in each section that the punishment therein shall be as tor misdemeanor tor the sale;and tor other purposes.

Committee on General Judiciary No.2.
By Senator Millican or the 35th District-
Senate Bill No.215. A Bill to amend an Act establishing a new Charter for the City or Atlanta; and tor other purposes.
Committee on Municipal Government.

1016

JouRNAL oF THE SENATE,

The following resolution of the Senate was introduced,read and order to lie on table for one day: By Senator Smith of the 24th District-
Senate Resolution No.93. A Resolution requesting the Congress of the United States to appropriate funds to acquire and provide a fit and proper memorial on the cite of the last battle of the War between the States,at Phenix City,Alabama;and for other purposes.
Mr.Darden of the 51st 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 Bill of the Senate and House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 145~do pass,as amended. House Bill No. 572,ao pass.
Respectfully submitted, Allen W.Darden of 51st District, Chainnan.
Mr.Dickerson of the 5th District Chairman of the Committee on Military Affairs,subm!tted the following report: Mr.President:
Your Committee on Military A!!airs,have had under consideration the following Bill of ~he House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 545,do pass.
Respectfully submitted, F.M.Dickerson of 5th District, Chainnan.

MoNDAv, MARCH 4, 1935.

1017

The following communication !ram His Excellency, the Governor ,was read:
March 2,1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning herewith certain Acts to your body which have been vetoed !or the following reasons:
HOUSE BILL N0.393 An Act approved August 20,1929,authorizing the retirement tunds !or county teachers or a certain population,and !or other purposes. I called on the Law Department or the State to give me a ruling as to the constitutionality or this Act and am attaching a copy o! the Attorney GeneraPs ruling which holds that this bill is unconstitutional.
HOUSE BILL N0.375 An Act to provide !or the payment or actual cost incurred in the Superior Court o! Baker County tor trial and conviction or convicts,and !or other purposes. The Attorney General has ruled that this Act is unconstitutional. Attached hereto is a copy or the ruling or the Attorney General. Mr .Salter or Baker County,the Author or this Bill,agrees that it should be vetoed in view or the tact that it is unconstitutional and asks that I make this lmo'Wil in my veto message.
HOUSE BILL N0.40 An Act to amend an Act !ixing the salary or the County Treasurer or Early County,and tor other purposes. Section One ot this Bill increases the salary ot the County Treasurer ot Early County !rom $700.00 to $1200.00 per anmun !rom and after January 1,1934. Section Two ot this Act provides that the increase

1018

JouRNAL oF TH.E SENATE,

in salary rrom $700. 00 to $1200. 00 per year shall be errective as or January 1,1935. These two sections are clearly in conflict. Section One makes the. increase in salary retroactive to January 1,1934. Section Two makes the increase or salary retroactive to January 1,1935,and therefore these sections clearly make this an ex post racto law and are unconstitutional.
In a number or counties in Georgia the orrice or County Treasurer has been abolished. I think it unwise to increase ~~e salary or the Treasurer or Early County ,or or any other county ,at this time as any increase in salary means an increase in taxes on the people. For the reasons stated I am vetoing this bill.
The copies or the opinions or the Attorney General on two or the bills vetoed are attached hereto and made a part or this message.
Respectfully submitted, Eugene Talmadge, Governor .February 26, 1935.
Hon.Eugene Talmadge,Governor State Capitol Atlanta,Georgia Dear Governor Talmadge:
Re: House Bill No.393 This Bill is an amendment to an Act approved August 20,1929,(Georgia Laws 1929,p~l93). The Act or 1929 authorized the Board or Education or each c~Jnty with a population or not less than
200 ,ooo cy the Census or 1920 to create a retire-
ment fund tor the purpose or paying retirement pay or pensions to teachers and other employees. It provided that the Board should have the authority to provide appropriations tor the creation or such fund and to prepare and promulgate rules and regulations regulating the uses or the rund and to re-

MoNDAv, MARCH 4, 1935.

1019

quire the teachers to make contributions thereto.

The Act or 1929 was plainlY Section IVIParagraph I or the

viol Con

ative stitut

i

or on

l

Artic since

l

e i

t

I

1

was so hedged about and restricted that it could

never applY to any county in the State except Fulto~

The present Act seeks to remove these restrictions

and ltmitations by providing that the Act or 1929

shall apply to counties having a population or

2tu00re1

000 or more Census.

according

to

the

present

or

any

fu-

In my opinion the Act or 1929 was unconstitutional

tor all the reasons stated in my letter to you or

recent date with reference to House Bill No. 225.

That Secti

i o

s n

1

the Act or 1929 was IV,Paragraph I ot th

v e

iolative Constitu

or tio

A n

rticle I because

,

it sought to classify counties on a bas~.s or popula-

tion with reference to a subject matter to which the

basis bore no reasonable relation. The Act was also

uncon Sectio

st n

itutional III,Parag

because raph I

v ot

i

ola the

t

ive Con

or sti

Artic tution

l

ewhXicIh1

provides that whatever tribunals or offices may be

created by the General Assembly tor the transaction

ot county matters shall be uniform throughout the

State and or the same name,jurisdiction and remedies.

This is true because the Act or 1929 conferred upon

the Board ot Education or Fulton County jurisdic-

tiontpower and authority not possessed by the Boards

or Eaucation or the other counties or the State.

Inmy opinion the Act or 1929 is also unconstitutional tor the reason that it permits the County Board or Education to use the public school fund received from the State tor a purpose tor which the State is not authorized to levy taxes and therefore violative or Article VIIISection !#Paragraph I or the Constitution.

. In my opinion House Bill No.393 which seeks to amend the Act or 1929 and which does reenact the Act ot 1929 is unconstitutional tor all the reasons stated above.

Yours very trulY
M.J.Yeomans

1

Attorney General.

1020

JouRNAL OF THE SENATE,

February 27,1935. Hon.Eugene Talmadge,Governor State Capitol Atlanta,Georgia Dear Governor Talmadge:
In Re: House Bill No.375 This Bill provides that the county authorities ot Baker County_shall,upon the receipt ot convicts who have been convicted in the Superior Courts ot that County,pay to the officers ot the Court,out of the County Treasury,as compensation tor services rendered in the trial and conviction of such convicts, their legal tees and costs as fixed by law. The general law ot this State makes provision for the payment of insolvent costs in criminal cases in the Superior Court (Code of Georgia of 1933,Section 27-290l,et seq.). In the case of Clark vs.Reynolds, 136 Ga.817,826, the Supreme Court held that an Act ot the General Assembly ot 1893,which required the Treasurer of Richmond County to pay to the Solicitor General ot the Augusta Circuit his bill tor insolvent costs tor services in the Richmond Superior Court,was unconstitutional and violative ot Article !,Section IV, Paragraph I,of the Constitution. The ruling ot the Court was based upon the ground that the Act ot 1893,app1ying only to Richmond County,related to a subject matter already covered by a general law,and was therefore unconstitutional. This case is on all-tours with the question presented by House Bill No.375. In a later case, Clark vs.Clark, 137 Ga.l85,

MoNDAY, MARCH 4, 1935.

1021

the Supreme Court held that an Act of 188l,Which provided for the payment of the insolvent costs of the Solicitor and Clerk of Richmond County in criminal cases from the County Treasury,was unconstitutional and void for the same reason.

See also

Atkinson vs.Bailey, 136 Ga.336.

This case involved an Act authorizing the County Commissioners of Camden County to pay the sheriff of that County a salary of $400.00 in addition to the fees prescribed by law. The Supreme Court held it unconstitutional because it was violative of the provision of the Constitution referred to,the tees and compensation of the sheriff being fixed by general law.

It is my opinion that since the method of paying insolvent costs in criminal cases in the Superj_or Court is fixed by general law,the Act in question, which applies only to Baker County,is necessarily unconstitutional.

Yours very tru H.J.Yeomans

l

y

1

Attorney General.

The following Bills of the house were read the first tim.e,and referred to committees:

By Messrs.Bloodworth,Bowdeniand Freeman of BibbHouse Bill No.l05. A Bil to repeal an Act which
provides the time at which primary election for nomination of county officers,shall be held in certain counties,and for other purposes.

Committee on Counties and County Matters.

By Mr.Dobbins of Morgan-

.

House Bill No.l40. A Bill fixing the license fee

for retailing malt liquors in Morgan County,and for

1022

JouRNAL OF THE SENATE,

other purposes. Committee on Temperance.
By Mr.Dobbins ot MorganHouse Bill No.l41. A Bill to repeal an Act pro-
hibiting the manufacture in Morgan County,ot any alcoholic or intoxicating liquors,and for other purposes.
Committee on Temperance. By Mr. Culpepper ot Fayette-
House Bill No.240. A Bill to make appropriations !or the operation or the State Government tor the support ot its Eleemosynary Institution,and tor other purposes.
Committee on Appropriation. By Messrs.Hartstield,Almand,and Ramsey,ot Fulton-
House Bill No.345. A Bill to amend an Act establishing a new charter !or the City or Atlanta,and tor other purposes.
Committee on Municipal Government. By Messrs.Hartstield,Almand,and Ramsey,o! Fulton-
House Bill.No.346. A Bill to amend an Act establishing a new charter !or the City or Atlanta by abolishing the office or warden,and tor other purposes.
Committee on Municipal Government. By Mr. Teasley ot Cherokee-
House Bill No.504. A. Bill to exempt certain persons in certain counties tram payment or commutation tax,and tor other purposes.
Committee on Judiciary No.1. By Mr.Henderson ot Irwin-
House Bill No.523. A Bill to abolish the offices

MoNDAv, MARCH 4, 1935.

1023

ot tax receiver and tax collector,and create the office or tax commissioner or Irwin County,and tor other purposes.
Committee on Counties and County Matters. B,y Messrs.Lanier,Harris,and Barrett,or Richmond-
House Bill No.530. A Bill to amend an Act so as to authorize certain counties to sell certificates ot indebtedness or the highway department and tor other purposes.
Committee on General Judiciary No.1. B,y Mr.Teasley of Cherokee-
House Bill No.589. A Bill to provide tor the payment in certain counties of actual cost incurred in the Superior Courts tor the trial or misdemeanor convicts,and for other purposes.
Committee on General Judiciary No.1. By Mr.Teasley of Cherokee-
House Bill No.590. A Bill to provide tor the payment or a salary in lieu or tees to sheriffs in certain counties,and tor other purposes.
Committee on Counties and County Matters. By Messrs~Stephens,and Hogan of Laurens-
House Bill No.630. A Bill to change the number of terms or the Superior Court in Laurens County ,and tor other purposes.
Committee on Special Judiciary. By Mr.Jackson,or Habersham-
House Bill No.645. A Bill to amer:d an Act incorporating the city or Cornelia,and operate a water works sytem,and tor other purposes.
Committee on Municipal Government. By Mr.Marshall,or Macon-
House Bill No.660. A Bill to fix the amount or the

1024

JouRNAL oF THE SENATE,

bond or the Sheritt ot Macon County,and tor other purposes.
Committee on Counties and County Matters. By Mr.Freeman,ot Early-
House Bill No.682. A Bill to repeal sections two and tour ot an Act incorporating the City or Blake~ and tor other purposes.
Comnittee on :t-hmicipal Government. By Mr.Bland or Stewart-
House Bili No.698. A Bill to tix the amount or bond ot the Sheritt ot Stewart County,and tor other purposes.
Committee on Counties and County Matters. By Mr.Gnann,ot Effingham-
House Bill No.700. A Bill to provide that the mayor may close and convey that portion or Cleveland Street,between Oak and Maple Streets,and tor other purposes.
Conmittee on Municipal Goverment. By Mr. Ray or Appling-
House Bill No.703. A Bill creating and establishing a charter tor the City or Blakely,and tor other purposes.
Committee on Municipal Government. By Mr.Bradley,ot Tattnall-
House B~ll No.705. A Bill creating and defining the duties or a Board or Commissioners or roads and revenues or the county ot Tattnall and tor other purposes.
Committee on Counties and County Matters. By Messrs.Perry and Houston ot Worth-
House Bill No.713. A Bili to amend an Act which

MoNDAY, MARCH 4, 1935.

1025

consolidated the o!!ices or tax receiver and tax collector o:r Worth County and !or other purposes.
Committee on Counties and County Matters. By Messrs.Perry and Houston,o:r Worth-
House Bill No.714. A Bill to amend an Act entitled "An Act to create and establish a board o:r commissioners !or the county o:r Worth" and !or other purposes.
Committee on Counties and County Matters. By Messrs.Perry and Houston o:r Worth-
House Bill No.715. A Bili to amend an Act establishing a city court in the city o:r Sylvester,and !or other purposes.
Committee on Special Judiciary. By Messrs.Bannister,and Tipton,o:r Thomas-
House Bill No.719. A Bill to be entitled an Act to abolish the offices or tax receiver and tax collector or Thomas County,creating in lieu thereof the
Board o:r Commissioners,and tor. other purposes
Committee on Counties and County Matters. By Messrs.Scruggs and Gilbert or Washington-
House Bill No.722. A Bill providing that the county council shall be elected by the grand jury instead of by the people in Washington County,and !or other purposes.
Committee on Counties and County Matters. By Mr.Edwards,o:r Stephens-
House Bill No.726. A Bill to reduce the bond or the sheri!! or Stephens county and !or other purposes.
Committee on Counties and County Matters.

1026

JouRNAL oF THE SENATE,

By Mr.Rawlins,or Ben HillHouse Bill No.734. A Bill to amend an Act incor-
porating the City or Fitzgerald,by increasing the number or members or the Board or Education,and tor other purposes.

Committee on Municipal Government.

By Mr.Johnston,or UpsonHouse Bill No. 738. A Bill to change the amount or
the bond of the Sheriff ot Upson County,and tor other purposes.

Committee on Counties and County Matters.

By Messrs.Terrell,and West ot HallHouse Bill No.754. A Biil to amend an Act estab-
lishing the Lula school district,and tor other purposes.

Committee on Education.

ByHMouessesrBs.iLlilnNdsoa.y7t1lG6.uesAs,aBnidl

Ansley ,or l to amend

DeKalban Act pro-

viding a new charter tor the town or Decatur,and

tor other purposes.

Committee on Municipal Government.

By Messrs.Linds~ Guess,and Ansley,ot DeKalbHouse Bill No.7S7. A Bill to amend an Act provid-
ing a new charter tor Decatur,so as to authorize said town to enter into contract with other cities to supply water and sewer connections,and tor other purposes.

Committee on Municipal Government.

ByHMoeusssersB.iLlilndNsoa.y7t1l~tlu. esAs,Banidl

Ansley,ot l to amend

DeKalban Act incor-

porating 'the town or Decatur so as to change the

rorm or ballot used in holding elections,and tor

other purposes.

Committee on Municipal Govei'llDlent.

MoNDAY, MARCH 4, 1935.

1027

The following Resolution or the House was read the first t~e and ordered to lie on the table one day.

By Messrs.'rerrell of Warren,and Pound of HancockHouse Resolution No.l78. A Resolution to increase
the use or cotton in the State or Georgia,and for other purposes.

The following Resolution or the House was read the first time and referred to committee.

By Messrs.Bloodworth,Freeman,and Bowden of Bibb-

House Resolution No.l71. A Resolution designating

the Bridge over the Ocmulgee River at Spring St.in

the City of Macon,Bibb County,Georgia,as the W.L.

(Young) Stribling Memorial Bridge,and for other pur-

poses.



Committee on Highways and Public Roads.

The following Bills or the House,ravorably reported by committees,were read second t~e:

By Messrs.Lanier,Harris and Barrett of Richmond Rivers of Lanier,McGraw of Meriwether,and Terreil of Troup-
House Bill No.32. A Bill to be entitled an Act to propose to the qualified voters an amendment to the Constitution or the State or Georgia,to exempt $500.00 in value from ad valorem taxation,in personal property,and for other purposes.

By Messrs.Thompson,Leonard,and Brinson of MuscogeeHouse Bill No.63. A Bill to be entitled an Act to
amend an Act to amend the Charter or the City or Columbus,and for other purposes.

By Mr.M.J.Morris,or DouglasHouse Bill No.B9. A Bill to abolish the office or
Tax Collector or Douglas County,Georgia; to create the office or Tax Cammissioner,and tor other purposes. By Messrs.Grayson of Chatham,Rivers of Lanier,Lanier

1028

JouRNAL oF THE SENATE,

ot Richmond,Pound ot Hancock,Harris of Richmond, McNall or Rlchmond,Freeman of Early,Zellner ot Monroe,Cohen or Chatham,Burgin ot Marion,and many others-
House Bill No.91. A Bill to propose to the qualified voters or Georgia,an amendment to the Constitution o! the State ot Georgia,authorizing the levying o! a tax tor the payment ot old age pensions,and tor other purposes. By Mr.Sutton ot Wilkes-
House Bill No.l94. A Bill to permit the use ot steel traps in the county ot Wilkes tor trapping predatory fur-bearing animals,and tor other purposes. By Mr.Sutton ot Wilkes-
House Bill No.l95. A Bill to amend an Act permitting the taking or !ish in the fresh waters or Georgia by providing tor the use ot seines in Broad River,and tor other purposes. By Mr.Harrison ot Crawtord-
House Bill No.216. A Bill to amend Section 34-1302 ot Chapter 34-13 or the Code ot Georgia or 1933;to provide that in counties or 7,000 to 7,050. population the polls at the Court Houses ot such Counties shall open and close at the same time or day as at the precincts,and tor other purposes. By Mr.McBride o! Montgomery-
House Bill No.498. A Bill to abolish the ottices ot Tax Collector and Tax Receiver ot Montgomery County;to create the o!!ice ot Tax Cammissioner,and tor other purposes. By Messrs.Parker and Shirah or Colquitt-
House Bill No.514. A Bill to repeal an Act approved March 24,1933,creating the offices or Tax Commissioner and Assistant Tax C~issioner ot Colquitt County,Georgia;and tor other purposes. By Messrs.Parker and Shirah ot Colquitt-
House Bill No.515. A Bill to repeal an Act to

MoNDAY, MARCH 4, 1935.

1029

abolish the offices of Tax Receiver and Tax Collector ot Colquitt County,Georgia,and for other purposes.

By Messrs.Parker and Shirah ot ColquittHouse Bill No.518. A Bill to create the ot!ice ot
Tax Collector tor Colquitt County,Georgia,and tor other purposes.

By Messrs.Parker and Shirah ot Colquitt-

House Bill No.519. A Bill to create the ot!ice ot

Tax Receiver ot Colquitt County,Georgia,and tor

other purposes.



By Mr.McBride or MontgomeryHouse Bill No.521. A Bill to repeal an Act creat-
ing a Board or Commissioners of Roads and Revenues for Montgomery County,and tor other purposes.

By Mr.McBride o! MontgomeryHouse Bill No. 522. A Bill to create a Board of
Commissioners o! Roads and Revenues for the County ot Montgomery to be composed_ot seven members,and tor other purposes.

By Mr.Henderson or IrwinHouse Bill No.524. A Bill to amend the Act ap-
proved February 16,1933,Which created a Board o! Commissioners ot Roads and Revenues o! Irwin County, and tor other purposes.

By Mr. Settleor ButtsHouse Bill No.545. A Bill to repeal Section
86-50l,Code or Georgia ot 1933,by fixing the duties ot the Adjutant General and ltmittng his compensation and allowances;and providing tor bond and other purposes.

By Mr.Ross ot DodgeHouse Bill No.569. A Bill to amend an Act creat-
ing the o!fice of Commissioner of Roads and Revenues in Dodge County,and tor other purposes. By Messrs.Twitty and Bennett or Ware-
House Bill No.572. A Bill to amend an Act so as

1030

JouRNAL OF THE SENATE,

to give the State or Georgia authority to permit the

United States and for other

to acquire purposes.

lands

in

Okefenokee

Swamp 1

B,y Mr.Caswell of Liberty-

House Bill No.591. A Bill to create a board of

commissioners for other purposes.

the

County

or

L i b e r t y 1 and

for

By Mr.Caswell or LibeityHouse Bill No.592. A Bill to repeal an Act to
create a board or Commissioners or Roads and Revenues for the County or Liberty;to provide tor the election or the members or same ,and tor other purposes.
The following Resolutions of the House,ravorably reported by Cammittees,were read the second time: By Mr.Harts!ield or Fulton-
Hou8e Resolution No.l66. A Resolution authorizing the State Librarian to sell the new 1933 Code to the members or the General Assembly at Wholesale cost. By Messrs.Rivers of Lanier,Lanier of Harris,Barrett of Richmond-
House Resolution No.l2-13a. A Resolution proposing to the qualified voters or Georgia an amendment to the Constitution exempting rro.m all ad valorem taxation,except speclal assessments and taxation ror any exist!~ bondedindebtedness,a homestead not exceeding $5,000.00 in value;and ror other purposes. By Messrs.Grayson)icNall and Cohen of Chatham-
House Resolution No.43-270a. A Resolution providing that the State Librarian furnish certain volumns

MoNDAY, MARCH 4, 1935.

1031

or law books to the Solicitor-General or the Easterr Judicial C1rcuit;and for other purposes.
The following bills of the Senate,favorably reported by Committees,were read the second time: By Senator Millican of the 35th;Senator Carrington of 27th Districts-
Senate Bill No.l45. A Bill to create and establish a factory to produce supplies used by the State in its institutions as may be manufactured by the blind and persons or sub-standard v1sion;and for other purposes. By Senator Scott of the 7th District-
Senate Bill No.l56. A Bill to amend Article 6 of the Constitution by adding certain precautions against the dismissal or writs of error in the Supreme Court and in the Court of Appeals in this State;and for other purposes. By Senator Johnston of the 39th District-
Senate Bill No.l58. A Bill to provide for the payment or the salary in lieu of fees to Sheriffs in counties in this state having a population of 19,950 to 20,150;and for other purposes. By Senator Chappell of the 13th District-
Senate Bill No.l67. A Bill to enlarge and define the powers or the State Aud1tor;and ror other purposes. By Senator Dennis of the 28th District-
Senate Bill No.l91. A Bill to repeal an Act providing ror the election or the Solicitor or the County Court of Putnam County;and for other purpose& By Senator Almon of the 37th District-
Senate Bill No.l99. A Bill to create the office of Commissioner of Roads and Revenues;for the County. or Heard;and ror other purposes. By Senator Lester of the 18th District-
Senate Bill No.200. A Bill to propose to the

1032

JouRNAL oF THE SENATE,

qualified voters or Georgia an amendment to Article 7,Section ?,Paragraph l,or the Constitution of Georgia,so as to authorize Richmond County to make temporary loans;and for other purposes.
The following Resolutions of the Senate,favorablY reported by Committees,were read the second time: _By Senator Dennis of the 28th District-
Senate Resolution No.l3-14. A Resolution proposing to the qualified voters or Georgia tor ratification or rejection an amendment to the Constitution exempting tram all ad valorem taxation a homestead not exceeding $2500 except special assessments and taxation ror bonded indebtedness;and for other purposes. By Senator Beasley of the 2nd District-
Senate Resolution No.l5-38. A Resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to the Constitution exempting from all ad valorem taxation a homestead not exceeding $2500 except special assessments and taxation for bonded indebtedness;and tor other purposes. By Senator Pope of the 15th District-
Senate Resolution No.50. A Resolution proposing to th~ q~alified voters an amendment to the Constitution which provides for local taxation for public schools and providing tor a uniform system or common schools to be operated and maintained by the State; and for other purposes. By Senator Scott of the 7th District;Senator Lester or the 18th District-
Senate Resolution No.83. A Resolution proposing t0 the qualified voters or Georgia an amendment to the Constitution providing tor the pro rata reduction or appropriations in the event or a deficit in the cash funds available to pay appropriations;and for other p~rposes.
The following local bills or the House and Senate were read third time and put upon their passage:

MoNDAY, MARCH 4, 1935.

1033

By Mr.Fowler ot TreutlenHouse Bill No.438. A Bill to be entitled an Act
to create a Board or Commissioners or Roads and Revenues tor the County or Treutlen,and tor other purposes.
The report or the cammittee,which was favorable to the passage ot the Bill,was agreed to.
On the passage or the bill the ayes were 29,na.ys o.
The bill having received the requisite Constitutional majority,was passed. By Senator Crawtord of the 42nd District-
Senate Bill No. 178. A Bill to be entitled an Act to amend an Act abolishing the Board or Commissioners ot Roads and Revenue ot Chattooga County,Georgia;and tor other pUrposes.
Senator Crawford or the 42nd District offered the following amendment to Senate Bill No.l78:
By addinga new Section at the end or the Bill,to be Section 3,as tollows:
"Section 3: Be it further enacted that all laws and parts or laws in conflict w1th this Act be ,and the same are,hereby repealed."
The amendment was adopted. The report or the committee,which was favorable to the passage or the bill,as amended,was agreed to. On the passage or the bill,as amended,the ayes 29,
~s o.
The bill,as amended,having received the requisite Constitutional majority,was passed.
The following bill or the Senate was read third time and put upon its passage:

1034

JouRNAL OF THE SENATE,

By Senator Lester of the 18th DistrictSenate Bill No.l49. A BILL To be entitled an Act to amend Paragraph l,Section
13,ot Article 6,of the Constitution of Georgia,regulating the salaries of the Judge or the Superior Courts by providing that the provisions thereof in reference to salaries of the Judge of the Superior Court or the Circuit of which the County of Richmond . is a part,shall be applicable not only to the incumbent in office as well as his successors,but shall apply also to any other Judge of the Superior Court of the Circuit or which the said County of Richmond is a part,as well as his successors;and for other purposes.
Section 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to Paragraph 1 of Section 13,of Article 6,of the Constitution of this State as follows: By adding toParagraph 1 of Section 13,of Article 6 of the Constitution of the State of Georgia as it now is the following: "Provided,that the foregoing provisions in reference to the salary of the Judge of the superior Court of the Circuit of which the County ot Richmond is a part,shall be applicable not only to the incumbent in office as well as his successors, but shall apply to any other judge of the Superior Court of the Circuit of which Richmond County is a part,as well as his successors."
Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly,and the same has been entered upon their journals,with the "yeas" and "nays" taken thereon,the Governor shall,and he is hereby authorizedand instructed to cause the above proposed amendment to be published in one or more

MoNDAY, MARCH 4, 1935.

1035

newspapers in each Congressional District in this State for the period of two months preceeding the time of holding the next general election;and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification.or rejection to the electors of this State at the next general election to be held after said publication,at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed on their ballots the words, "for amendment to Paragraph 1 of Section 13,of Article 6,of the Constitution,providing that the provisions thereof in reference to the salar,y of the Judge of the Superior Court of the Circuit of which the County of Richmond is a part,shall also apply to any other Judge of the Superior Court of the Circuit of which Richmond County is a part;and his successors." If a majority of the electors qualified to vote for members of the General Assembly voting thereon,shall vote for ratification,the Governor shall,when he ascertains the same from the Secretary of State,to whom the returns from said -election shall be referred in the same manner as in cases of election for members of the General Assembly to count and ascertain the result,issue his proclamation for one insertion in one daily paper of the State,announcing such result and declaring the amendment ratified.
Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed. The report of the committee,which was favorable to the passage of the bill was agreed to. On the passage of the b111,1t being an amendment to the Const1tut1on,the roll was called and the vote was as follows: Those voting in the affirmative were Senators:

1036

JouRNAL oF THE SENATE,

Almon Atkinson Beasley Carrington Clark Crawford Darden Dennis Dickerson Duncan Gaskins Harden

Hart Holt Johnson or the 31st Johnston o:r the 39th Kiker King Kirkland Lancaster Larsen Lester McGinty McLeod .

McWhorter Milhollin Millican Pope Ragan Rawlins Rucker Simmons Skelton Smith Thcmas Wright

By unanimous consent verification o:r the roll call was dispensed with.
The ayes were 36,nays o.

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

Not voting were: Senators Cannon o:r the 40th District,Chappell o:r the 13th District~Cooper o:r th~ 22nd District,Edenfield of the 4th uistrict,Evans o:r the 29th District Gary or the 12th District, Goodwin of the 20th District,Jones o:r the 17th District,McGehee o:r the 25th District,Scott or the 7th District,Strickland o:r the 3rd District, Turner o:r the 32nd District,and Vaughn or the 34th District.

Senator Lester or the 18th District asked unanimous consent that Senate Bill No.l49 be immediately transmitted to the House and consent was granted.

Senator Lester or the 18th District asked unanimous consent that Senate Bill No.127 be re-committed to the Committee on Highways and Public Roads.

The consent was granted.

The following resolution or the Senate was taken up for consideration: By Senator McWhorter o:r the 19th District-
Senate Resolution No.81. A Resolution designating

MoNDAv, MARCH 4, 1935.

1037

and naming State Highway No.12 the Alexander H. Stephens Highway.
The report of the cammittee,which was favorable to the passage or the Resolution,was agreed to.
On the passage of the Resolution the ayes were 31,
nays o.
The Resolution having received the requisite Constitutional majority,was passed.
The following bills of the Senate were read third t~e and put upon their passage: By Senator Skelton of the 30th District-
Senate ~ill No.l90. A Bill to be entitled an Act to fix the compensation of tax receivers tax collectors and tax commissioners for the coilection of State taxes in all cases where such officials are . canpensated by salaries or by the allowance of commissions different from those fixed by general law; and tor other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 32 ,nays a.
The bill having received the requisite Constitutional majority,was passed. By Senator Lancaster of the lOth District-
Senate. Bill No.l31. A Bill to be entitled an Act to amend Chapter 56-5 Entitled nAgents and Solicitors~ of Title 56 nlnsurancen or the Code of Georgia ot 1933.
The committee offered the following substitute: A BILL
TO BE ENTITlED ,AN ACT TO AMEND CHAPTER 56-5 ENTITLED "AGENTS AND SOLICITORSn OF TtTLE 56-niNSUR-

1038

JouRNAL or THE SENATE,

ANCE" OF THE CODE OF GEORGIA OF 1933. THE SAID SEC-

TION OF THE CODE AS HEREBY AMENDED IS SECTION 56-508,

AND NEW.SECTIONS ARE TO BE ADDED TO THE SAID CODE.

THE SAID CODE BEING AMENDED TO MAKE THE PROVISIONS

OF THE SAME APPLICABLE TO THE BUSINESS OF WRITING

FIDELITY AND SURETY BONDS IN THIS FOR THE LICENSING AND EXAMINATION

OSTFAATGE~TNOTSPRFOORVIDLEI-

CENSEj TO PROVIDE FOR THE ESTABLISHMENT OF AGENT'S

ASSOC ATION;TO PREVENT THE WRITING OR ACCEPTANCE OF

SUCH INSURANCE CONTRACTS AND/OR BONDS ISSUED BY

NON-ADMITTED INSURERS;TO PROVIDE PENALTIES,A}JD FOR

THE ENFORCEMENT THEREOF FOR THE VIOLATION OF ANY OF

THE PROVISIONS HEREOF;TO PROVIDE FOR THE FEPEAL OF

ANY LAW OR LAWS IN CONFLICT HrnEWITH ,AND FOR OTHER

PURPOSES.

BE IT ENACTED BY THE GEI\lERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY 0F SAME THAT FR<l1 AND AFTER 'H-IE PASSAGE OF THIS ACT CHAPTER. 56-5 ENTITLED "AGENTS AND SOLICITORS",OF TITLE 56INSURANCE" OF THE CODE OF GEORGIA OF 1933 IS HEREBY AMEi'IDED AS FOLLOWS:

SECTION 1. Section 56-508,relating to the licensing or agents by the Insurance Cammissioner,is stricken and in lieu thereof there is substituted the following Section: .

"56-508 LICENSE OF AGENTS BY INSURANCE COMMISSIONER. No licensed fire or casualty insurance company or company writing fidelity or surety bonds, shall write or issue any policy or indemnity contract on any risk in this State except through a resident agent licensed by the Insurance Commissioner: Provided,that no contract bond shall be issued by any company except through an agent resident or the county in which the work under contract is located. The full commission thereon, (meaning thereby the commission paid for the production ot business by him) shall be paid to such resident agent. Provided,however,that such resident agent may pay a commission on business placed with h~ by another duly licensed resident agent, and, provided further, that such resident agent may pay a cammis-

#

MoNDAY, MARCH 4, 1935.

1039

mission not exceeding fifty per centum ot the regular commission allowed resident agents upon the issuance or such policies or contracts,to a dulY licensed non-resident on any business originated by such non-resident. This Section shall not apply to policies covering property in transit while in the custody or any-common carrier or to rolling stock ot any common carrier,nor to policies or mutUal insurance companies on which no commissions are paid, nor to cotton insurance issued under a per bale reporting form ot cover. The words "resident agent" as used in this Section are deemed to mean resident agents engaged in the solicitation or such business from the public generally and shall not include any salaried employee ot any insurance company doing business in this State. Nothing in this Section, however,shall be construed to relieve tram license requirements any State or Special Agent,or traveling . and/or salaried employee ,who performs any or the acts,services or things mentioned in Section 56-501 ot Title 56 Code ot Georgia,in behalf ot any insurer or agent or the same. Such resident agent shall keep a true record or all policies and/or bonds thus issued through him on business originated by such licensed non-resident and shall turnish,it requested by the Insurance Cammissioner,a verified statement showing the risk covered,amount or insurance and premium involved,and such other information as may be required to aid the said Commissioner in the collection ot all premium taxes due in this State and the enforcement ot the provisions ot this Act as amended hereby. No person except as hereinafter provided shall be licensed as an insurance agent except upon the application or a company authorized to do business in this State,which said application shall be accompanied by a certificate signed by an executive officer or such company and certifying that attar inquiring into the facts to the best knowledge,judgment and belief ot such campany,such person is ot good character,is now a bona tide resident or the State ot Georgia,and in good faith intends to remain as such resident tor a period or twelve (12) months or more from the date of the tiling ot said application,and is or expects to be-

1040

JouRNAL oF THE SENATE,

came bona tide engaged in the business or an insurance agent (as defined in this Act), that he has such moral and financial standing as to make it probable that he can carry on such an agency without detriment to the public,that he expects bona tide to solicit and serve the public generallY and not to procure the license chiefly tor the purpose ot getting a rebate or commission on insurance written tor h~sel! or his family or some partnership or corporation in which he is interested or with which he is connected,and that he has such knowledge or the business and or the law and practices governing and relating to the same as will enable h~ to carry on the business in a competent manner and without detr~ent to the public.

56-508 (a) EXAMINATION BY COMMISSIONER. Arter re-

ceipt or application for such agent's license in due

torm (and it said application is tran a first t~e

applicant tor license it shall be accompanied qy an

examination tee or $10.00),it shall be the duty ot

the Insurance Cammissioner,or his deputy or any per-

son he may designate to represent h~ 1w1thin a rea-

sonable time and in a place reasonably accessible to

the applicant,in order to determine the trustworthi-

ness and competency or an applicant,tor a license,

to subject each tirst-t~e applicant tor license,

and it he deems ot iicense,to a

npeecrseosnsaarlyw,arniytteanppelxicaamnitnattoiornrean~ewtoal

his or her competency to act as such agent in the

community which he intends to serve. When it is

shown tram such application and examination that the

applicant is intending in good faith to act as an

insurance agent or solicitor and to be principally

engaged in the insurance business and is or good

character,1s now a bona tide resident or the State

ot Georgia,and in good raith intends to remain as

such resident tor a period or twelve (12) months' or

more tram the date or the tiling or said applica-

tion,and is or expects to became bona tide engaged

in the business or an insurance agent (as defined in

this Act},that he has such moral and financial

standing as to make it probable that he can carry on

such an agency without detr~ent to the public,that

MoNDAY, MARCH 4, 1935.

1041

he expects bona !ide to solicit and serve the public generallY and not to procure the license chie!ly !or the purpose or getting a rebate or commission on insurance written !or himself or his !amily or some partnership or r.orporation in which he is interested or with which he is connected,and that he has such knowledge o! the business and or the law. and practices governing and relating to the same as will enable him to carry on the business in a competent manner and without detrnnent to the public,and is worthY o! a license,the Insurance Commissioner shall issue to the applicant a license to transact business in this State as an insurance agent or solicitor. Such license shall expire annually on the !irst day or March unless sooner revoked !or cause by the Insurance Commissioner: Provided,that no agent holding a license at the time or the enactment o! this Act shall be deemed a first time applicant.
56-508 b WHO MAY BE APPOINTED AS AGENT. Any company aw!u aut orize to transact business in this State may contract with and appoint as its representative in this State any person as its agent who holds an unexpired agent's license issued under the provisions o! this Act,by tiling with the Insurance Commissioner a certificate showing the name and address or such appointee and by paying such tee as is provided by law.
56-508 (c) TEMPORARY LICENSE. In the event o! the death,or the inability !urther to act,o! an agent holding a certificate o! authority !rom any company, where no other agent in the co-partnership,association or corporation is authorized to represent such company,the Insurance Commissioner may issue a temporary license to another person enabling such other person to represent any such company upon an application being made in conformity with Section 2 and the additional information required by this Section. SUch temporary license shall continue only until the licensee is attorded an opportunity o! taking the examination provided in Section 2 above.

1042

JouRNAL oF THE SENATE,

56-508 (d) RENEWAL OF LICENSES. Renewal of all expiring licenses shall be upon application in writing, subject to the conditions or examination or such applicants as set forth in Section 2 for renewal of license,and upon payment of the annual insurance agent's occupational tax. Provided that should the Commissioner require an examination for renewal or such license ,no examination fee shall be required.
56-508 (e) AGENCY ASSOCIATIONS. Associations may be formed or maintained by all or any class or the regularly licensed insurance agents referred to in this Act tor the purpose or matntaintng the ethics of the profession and forwarding their aims, It shall be lawful for such associations to restrict their membership to any particular class of agents; to provide for non-interchange of business between members and non~embers ,and to make and ent orce bylaws deemed by such association needful to carry out such purposes.
SECTION 2, BE IT FURTHER ENACTED that there shall be added to the said Chapter 56-5, relating to "Agents and Solicitors",of Title 56--Insurance or the Georgia Code,atter Section 56-522 thereof the following new sections:
(1) No corporation,individual,tir.m or association not licensed 1n Georgia to transact the business or a fire and casualty insurance,or the writing and issue or fidelity and surety bonds,shall so engage in such business within the l~its or this State; nor shall any person act as agent for any company, individual,tir.m,or association engaged in the writing or such business,unless such person has himself first received a license tram the Insurance Department to represent a company duly authorized in the State. Penalty tor the violation or this provision on the part or the corporat1on,1ndiv1dual,tirm or association illegally engaged in the writing or business in this State as herein ~~ovided shall be $1,000 tor the first orrense and $2,000 tor each additional offense, It shall be deemed a misdemeanor tor any person to act as agent tor any such

MoNDAY, MARCH 4, 1935.

1043

company without such person having first received a license as provided herein.
(2) No individual,!inn,corporation or association residing or doing business in this State shall accept a policy or !ire or casualty insurance,or fidelity or surety bond issued by a non-admitted company,individual,!irm or association in violation or the preceding section,unless such individual,!irm, corporation,or association shall immediately report the tact to the Insurance Commissioner,giving the name or the company issuing the policy or contract stating its amount and the premium paid thereon,and shall thereupon pay to the Insurance Conmissioner the license tee properly chargeable against such company i! it were admitted_ to the State,and the premium tax chargeable under the General Tax Act upon the amount or premium so paid. Failure so to report and pay the license tee and premium tax herein mentioned shall subject such individual,!irm, corporation or association to a penalty or 10% or any such sum as may be paid as indemnity by such insurer to the assured in the event or a loss. Such penalty may be collected upon the establishment or such !act in a civil suit by any informer in any court having jurisdiction thereo!,one-hal! or the amount or such recovery to go to the informer and the other hal! to be paid to the Insurance Commissioner to be placed by htm in the general funds or the State;or the same may likewise be recovered upon the establishment or such tact in a civil suit brought in the name or the State or Georgia by the solicitor-general or the circuit where such act may have been done,in which event the solicitor general shall be paid 10% or the amount received.
(3) It any licensed company shall violate any ot the provisions or this Act as hereby amended,the Insurance Commissioner may,upon his own motion,and shall upon sworn information in writing signed by a citizen or this State and tiled with the Commissioner ,make due inquiry ,in the torm and manner hereinafter provided,into any such alleged violation or the provisions or this Act,and upon proof being pre-

1044

JouRNAL OF THE SENATE,

sented,the sufficiency of which shall be determined by htm,the Commissioner shall assess a penalty of One Hlli~dred ($100.00) dollars for each of.fense. No penalty as herein provided shall be imposed upon such alleged violator until a written copy of such charges,together with a citation,requiring appearance before the Insurance Commissioner at the State Capitol on a day certain to be fixed by the Insurance Connnissioner ,at a t1.me not less than twenty (20) days after the service of such citation and copy ot charges,then and there to show cause in writing why such penalties should not be inflicted. Services or such citation and copy of cb.arges shall be made upon its Attorney-in-Fact designated to acknowledge or receive same in the manner provided by law for such service.
For the purpose of such inquiry the Insurance Commissioner is hereby empowered to summon witnesses, so as to enable h~ to make a determination or the merits,provided that any order of the Insurance Cammissioner suspending or revoking any license shall be subject to an appeal on the same terms and in the same manner and rorm as is now provided by law tor appeals rrom the decisions of the Courts or Ordinary of this State.
(4). Any penalty or penalties herein provided for
shall be in addition to and cumulative to any other penalty or penalties heretofore provided tor by law.
SECTION 2. "Be it further enacted that it is specifically declared to be the intention of the General Assembly to enact each and every one or the Sections herein contained separately and independently or each other,and thererore,in the event that any Section or this Act shall be declared to be void or unconstitutional by any court or competent jurisdiction,such decision shall not affect the remainder or this Act or any other Section hereof".
SECTION 3. Be it further enacted that all laws or parts of laws in conflict with any of the foregoing

MoNDAv, MARCH 4, 1935.

1045

provisions or this Act shall be and the same are hereby repealed.

Tbe committee substitute was adopted.

The report or the cammittee,which was favorable to the pass~ge or the bill,by substitute,was agreed to.

On were

3th3e,napyasssaog. e

or

the

bill,by

substitute,the

ayes

The Bill{by substitute,baving received the requisite Const tutional majority,was passed.

Senator Atkinson or the 1st District asked unanimous consent that the session today be extended until 2:00 oclock.

The consent was granted.

Senator Larsen or the 16th District asked unanimous consent that further consideration o:r House Bill No.l2 be postponed until Tuesday,March 5,1935.

The consent was granted.

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

By Mr.Cohen or ChathamHouse Bill No.l9. A Bill to be entitled an Act to
authorize Executors,Administrators,etc.,to invest trust tunds in any bonds or other obligations or the United States,and to validate investments heretofore made in such securities,and tor other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.
On the passage of the bill the ayes were 27 ,nays o.

The bill having received tlt.e requisite Constitutional majority, was passed.

1046

JouRNAL OF THE SENATE,

Senator Millican of the 35th District asked unanimous consent that consideration of House Bill No.ll6 be postponed until Tuesday,March 5,1935 and be made a special order of business immediatelY following House Bill No.l2.

The consent was granted.

Senator Millican of the 35thDistrict asked unanimous consent that consideration of House Bill No. 117 be postponed until Tuesday,March 5,1935 and that it be made a special order of business tmmediatelY following House Bill No.ll6.

The consent was granted.

The following resolution of the House was read third time and put upon its passage:

By Messrs.Thampson of Muscogee,Dyer of Coweta and Ramsey of Fulton-
House Resolution No.l36. A Resolution urging the ~ediate development ot the Chattahoochee River, and tor other purposes.

The report of the cammittee,which was favorable to the passage ot the Resolution,was agreed to.

On nSs

oth. e

passage

of

the

Resolution

the

ayes

were

29,

Tne Resolution having received the requisite Constitutional majority,wa.s passed.

The following Bill of the House was read third t~e and put upon its passage:
B,y Messrs.Ansley,L1ndsay and Guess or DeKalb-
House Bill No.377. A Bill to be entitled an Act to protect the students of the public schools and colleges from tire haZards;to provide tor the erection of tire escapes,and tor other purposes.

The report ot the coDIIlittee,which was favorable to the passage of the bill,was agreed to.

MoNDAY, MARCH 4, 1935.

1047

On the passage of the Bill the ayes were 3l,nays o.
The Bill having received the requisite Constitutional major1ty,was passed.
The President announced that there was no further business before the Senate that could be transacted at this tbne since the calendar of the Senate was cleared.
.
Senator Lester of the 18th District moved that the , Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until tomorrow morning at 10 oclock.

1048

JouRNAL OF THE SENATE,

Senate Chamber,Atlanta,Georgia. Tuesday,March 5,1935.

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

Prayer was offered by Dr. David Marx, Rabbi o! the Hebrew Benevolent Congregation of Atlanta.

Senator Scott or the 7th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted
Senator Hart of the 36th District,Chairman of the Committee on Journals,reparted that he had examined the Journal or yesterdayts proceedings and round them correct.

Senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted.

The Journal was confirmed.

Senator Scott or the 7th District asked unanimous consent that the following be established as the order or business today,tollowing the first part or the period or unanimous consents:

1. Introduction or new matter,under the rules.

2. Reports or standing committes.

3. First reading or House bills tor reference.

4. Second reading or Senate and House bills

favorably reported.

5. Third reading and passage of local uncontested

Senate and House bills and resolutions,and general

sean.atPe uatntdingHoounsethbeililrs

with local application. passage general Senate and

House bills ready for third reading.

The consent was granted.

TuESDAY, MARCH 5, 1935.

1049

Senator Lester of the 18th District asked unanimous consent that todayts session be extended until 2:00 otclock PJM.,and the consent was granted.
The following resolution of the Senate was read and referred to the Committee on Rules: By Senator Lester-of the 18th District-
Senate Resolution No. 94. A Resolution establishing Senate Resolutions No. 13. and No. 15 as a special order of business immediately following House Resolution No. 12-13A today.
The following bills of the Senate were introduced, read the first t~e,and refP,rred to committees: By Senator Skelton of the 30th District-
Senate Bill No. 216. A Bill to repeal the Act creating a Board of Commissioners of Roads and Revenues !or the County of Hart;and for other purposes.
Committee on Counties and County Matters. By Senator Lester of the 18th District and Senator McGinty of the 43rd District-
Senate Bill No. 217. A Bill to create a commission to inquire into the organ1zation,expenditures, duties,and taxation of the State,County,municipal and other local governmental units;and far other purposes.
Committee on State of Republic. Senator Scott of the 7th District asked unanimous consent that the Senate take a five minutes recess in order that th~ Rules Committee might meet. The consent was granted. The President called the Senate to order. Senator Jones o! the 17th District asked unanimous consent that House Bill No. 13,known as the Chain

1050

JouRNAL OF THE SENATE,

Store Tax Act,be withdrawn tram the Committ~e on Finance and re-committed to the Committee on Judiciary No. 2.
There was objection. Mr. Scott of the 7th District,Vice-Chairman of the Committee on Rules,submitted the following report: Mr. President: Your Committee on Rules have had under consideration the following Resolution of the Senate and have instructed me as Vice-Ghairman,to report the same back to the Senate with the following recommendations: Senate Resolution No. 94,do pass.
Respectfully submitted, Scott of the 7th District, Vice-Chairman.
Senate Resolution No. 94,being favorably reported by committee,was read and adopted.
The following message was received from the House through Mr. Kingery,the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bills of the Senate to wit: By Senator Edenfield of the 4th District-
Senate Bill No. 57 as amended. A Bill to amend Section 1249 of the Code of Georgia of 1910,providing for the selection by the Governor of banks in certain cities and tovnre therein named as State Depositories,and the several Acts amendatory thereof,as to add certain cities and towns to the lists of such towns and cities.

, TuESDAY, MARCH 5, 1935.

1051

By Senator Lester of the 18th DistrictSenate Bill No. 3l,By Substitute. A Bill to be
entitled an Act to amend Title 114 (Workmenrs Compensation) and Chapter 114-6 of the Code or Georgia arrd Title a new section requiring insurance companies and persons or corporations insuring the payment of compensation to employees as provided by said Title to obtain permits from the Department of Industrial Relations;to authorize the revocation of such permits;to provide punisnment for the violation or this Act;and for other purposes.

By Senator Pope,of the 15th DistrictSenate Bill No. 2l,by Substitute,as amended. A
Bill to be entitled an Act to amend the Banking law as codified in Title 13,Section 13-901 {3) of the Code of 1933,relating to the incorporation of Banks, by providing that banks may be chartered in towns with population not exceeding 2,500 with minimum capital or not less than $15,ooo.oo;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 to wit:

By Messrs.TeiTell, DaV1 s and Groover, of TroupeHouse Bill No. 132. A Bill to be entitled an Act
to authorize the Board of Regents to dispose of real and personal property,and for other purposes.

By Mr. Freana.n of Early-

.

House Bill No. 357. A Bill to be entitled an Act

to provtde that owners or live stock in Early

County shall be prohibited rrom slaughter1ng,killi~

or destroying them in open range,to provide a pen-

alty for this Act;and tor other ptirposes.

1052

JouRNAL oF THE SENATE,

By Mr. Allen or BaldwinHouse Bill No. 397. A Bill to be entitled an Act
to amend Section 1256 of the 1910 Code relating to bonds to be given by State Depositories authorizing depositories to deposit with the State Treasurer bonds of a subsidiary corporation or the United States Government,to authorize the State Treasurer to accept guarantee of the Federal Deposit Insurance Corporation,and !or other purposes.

By Messrs. Griffin and Mills of DecaturHouJe Bill No. 728. A Bill to be entitled an
Act to amend an Act creating the City Court of Bainbridge and to define its jurisdiction and pooers,and !or other purposes.

By Mr. TONnsend of DadeHouse Bill No. 737. A Bill to be entitled an Act
to amend,codity,consolidate and establish a new charter for the town of Trenton in the County of Date;and for other purposes.

By Mr. Whaley of Tel!airHouse Bill No. 238,by substitute. A Bill to be
entitled an Act to provide for investment of University System funds in State bonds,and !or other purposes.

By Mr. Garrett of Carroll-

House Bill No. 340,as amended. A Bill to be

entitled an Act to prevent the spead of hydrophobia,

or rabies.

.



Mr. Beasley of the 2nd District~..chairmn or the Committee on Highways and Public tioads,subm1tted the !ollow1ng report:

Mr. President-

Your Committee on Highways and Public Roads 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 following re-

TuESDAY, MARCH 5, 1935.
commendation: Senate Bill No. 194,do pass. Respectfully submitted, Beasley of 2nd District, Chairman. Mr. crawford of the 42nd District,Chairman of the
Committee on Game and Fish,submitted the following report: Mr. President:
Your Committee on Game and Fish have bad illlder c0nsideration the following Bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 49,do pass,as amended. Senate Bill No~ vl,do pass,as amended. Senate Bill No. 52,do pass,as amended. Senate Bill No. 53,do pass,as amended.
Respectfully submitted, Crawford of 42nd District, Chairman
Mr. Johnson of the 31st District,Chairman of the Committee on Amendments to the Constitution,subm1tted the following report: Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following Resolution of the the Senate and have instructed me as Cha1rman,to report the same back to the Senate with the following recommendation:
Senate Resolution No. 88,do pass. Respectfully submitted Johnson of 31st District, Chairman.

1054

JouRNAL oF THE SENATE,

Mr. Clark of the 44th District,Chairman of the Committee on County and County Matters,subm1tted the following report-

Mr. President-

Your Committee on Counties and County Matters have had under consideration the following Bills of th~ House and Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations-

House Bill No. 722,do pass. Uouse Bill No. 723,do pass.
. Senate Bill No. 208,do pass Respectfully submitted, Clark of 44th District, Chairman.

Y~. Kirkland o the Committee on

f wt. h

e
&

49t A.

h R

District,Chairman ailroad,submitted t

of he

following report:

Mr. President:

Your Committee on W. & A. Railroad 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 following recommendation:

Senate Bill 209,do pass.

Respectfully submitted, J.D. Kirkland of 49th District, Chairman.
t; ,-
The following bills of the House were read the first time and referred to Committees:

By Messrs. Terrell,Davis and Groover of TroupHouse Bfll No. 132. A Bill to authorize the Board

TuESDAY, MARCH 5, 1935.

1055

or Regents to dispose or real and personal property; and for other purposes.
Committee on University System or Georgia. By Mr. Whaley of Talfair-
House Bill No. 238. A Bill to provide for investment or University System funds in State Bonds;and tor other purposes.
Cammittee on University System or Georgia. By Mr. Garrett of Carroll-
House Bill No. 340. A Bill to prevent the spread or Hydrophobia or Rabies.
Cornmi ttee on Hygiene and Sanitation. By Y~. Freeman of Early-
House Bill No. 357. A Bill to provide that owners or live stock 1n Early county shall be prohibited rro.m slaughtering,killing or destroying them in open range;and for other purposes.
Committee on Counties and County Matters. By Mr. Allen of Baldwin-
House Bill No. 397. A Bill to amend an Act relating to bonds to be given by State Depositories authorizing depositories to deposit with the State Treasury bonds or a subsidiary corporation or the United States Gavernment;and for other purposes.
Committee on Finance. By Messrs. Griffin and Mills or Decatur-
House Bill No. 728. A Bill to amend an Act creating the City Court of Ba1nbridge;and for other purposes.
Committee on Special Judiciary. By Mr. Townsend of Dade-
House Bill No. 737. A Bill to amend an Act con-

1056

JouRNAL OF THE SENATE,

solidating and establishing a new Charter for the Town of Trenton in the County of Dade;and for other purposes.
Committee on Municipal Government. The following bills or the Senate,favorably reported by Committees,were read the second time: By Senator Carrington of the 27th DistrictSenate Bill No. 194. A Bill to add mileage in Barrow and Hall Counties to the State Highway System of Georgia;and for other purposes. By Senator Rawlins or the 45th DistrictSenate Bill No. 208. A Bill to amend an Act which created the office of Commissioner of Roads and Revenues for the County of Telfair;and for other purposes. By Senator Kirkland of the 49th DistrictSenate Bill No. 209. A Bill to provide for the leasing and controlling of the Staters property of Chattanooga, Tenn. not covered by the Western and Atlantic Railroad lease;and for other purposes. The following Resolution of the Senate,tavorably reported by committee,was read the second time: By Senator RaWlins of the 45th DistrictSenate Resolution No. 88. A Resolution changing the compensation per diem for members of the General Assembly,the President of the Senate and the Speaker of the House of Representatives;and for other purposes. The following bills or the House,favorably reported by Committees,were read the second time: By Messrs. Scruggs and Gilbert of WashingtonHouse Bill No. 722. A Bill to amend an Act approved March 2, 1933,by providing that the county council.of Washington County shall be elected by the grand jury instead of by the people;and for other purposes.

TUESDAY, MARCH 5, 1935.

1057

By Messrs. Scruggs and Gilbert of WashingtonHouse Bill No. 723. A Bill amending an Act
approved March 24,1933,fixing the compensation of the members of the Board of County Commissioners of Washington County;and far o~her purposes.
The following local bills of the House were read third time and put upon their passage: By Messrs. Thompson,Leonard,and Brinson of Muscoge&-
House Bill No. 63. A Bill to be entitled an Act to amend an Act to amend the Charter of the City of Columbus;and for other purposes.
The conmittee offered the following substitute for House Bill No. 63:
A BILL To be entitled an Act to amend an Act approved the 5th day of August,l92l,entitled "An Act to amend the Charter of the City of Columbus;to abolish the offices of Mayor and Board of Aldermen and certain other offices in said city;to provide for a.form of government in said city composed of Commissioners and a City Manager,and to declare the rights and powers of said government;to amend or repeal such sections of the Charter as may be deemed necessary to carry into effect the said Commissioner-City Manager form of government;to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection;to provide for a submission of this Act to a vote of the electors of said city for their approval or rejection;and for other purposes;" this present Act amending the charter of the City of Columbus so as to provide for and regulate the manner of electing the City Commissioners;to change their terms of office; to provide for the exp1rati on of the t'erms of the present comm1ss1oners;and for other purposes. Be it enacted by tbe General Assembly of the State of Georgia,and it is hereby enacted by authority of the same,as follows:

1058

JouRNAL oF THE SENATE,

Section 1. That the Act of the General Assembly

approved on the 5th day or August,l92l,amending

the charter or the City or ColumLus,and appearing

on pages 800 to 850,both inclusive,or the published

Georgia laws striking all

1o9r21S1ebceti,

and on 7

it o

i r

s,her said

eby amended Act,and enac

by tin

g

in lieu thereof a section to read as follows:

"Section 7. The Commission shall consist or five (5) members,who shall be elected on a general ticket at large,Two (2) Commissioners shall be elected in 1935 and ev~ry two years thereafterThree (3) Comhussioners shall be elected in 1936 and every two years thereafter. The terms or office or said Commissioners shall be two years from the first Monday in January next following the dates or election,and until their successors shall have been duly elected ~~d qualified;provided,however,that they shall be subject to recall in accordance with the provisions or th& charter. The terms of the present Commissioners shall be changed so as to expire when their successors, elected as provided by this amendment,have duly qualified."

Section 2. That said Act or August 5,1921, amending the charter or the City or Columbus,be and it is,hereby amended by striking all of Section 45 or said Act,and enacting in lieu thereof a section to read as follows:

"Section 45. A general or regular city election hereunder shall be held on the second Saturday in December,l935, to elect two (2) City Commissioners tor full terms ot two years each to succeed the commissioners naw in ottice whose terms would,tL~der present provisions of the charter,expire one in January,l936,and one in January,l937. On the second Saturday in December,l936,a general or regular city election shall be held to elect three {3) City Commissioners ror full terms of two years each to succeed the Commissioners now 1n office whose terms would,under present provisions of the charter,expire one in January,J..938,one in January,

TuESDAY, MARCH 5, 1935.

1059

1939,and one in January 1940. Thereafter,beginning on the. second Saturday in December,l937,a general or regular city election shall be held on the second Saturday or December in every year to elect that number or Commissio~ers whose terms would,under the provisions hereor,expire on the first Monday in January next following the date of said election,thus electing in 1937,two(2)Commissioners for two years, in 1938 three(3)Commissioners. for two years,and co~ tinuing such plan regularly as herein set forth. The terms of the two Commissioners now in office which under prGsent provisions of the city charter will end one on the first Monday in January,1936,and one in January,l937,shall expire when the two Commissioners to bo elected in December,l935,have duly qualified. The terms of the three Commissioners now in office whose terms under present provisions of the charter will end one on the first Monday in January,l938,one in January,l939,and one in January, 1940,shall expire when the three Commissioners to be elected in December 1936 have duly qualified.

The elections herein provided for shall be held under the laws and ordinances governing regular city elections held in the City of Columbus;provided, however,the Commissioners may,at their option,designate and appoint any three persons they see fit to serve as registrars of the City of Columbus,in lieu o! the City Clerk,th6 City Treasurer,and the City Marshall."

Section 3. That all laws or parts of laws in conflict herewith be,and they are,hereby repealed.

The committee substitute was adopted.

The report of the committee,which was favorable to the passage of the b1ll,by subst1tute,was agreed to.

On were

3t h3e, n apyasssaog. e

of

the

bill,by

substitute,the

ay.es

The bill,by substitute,having received the requisite Constitutional majority,was passed.

1060

JouRNAL OF THE SENATE,

By Mr. Morris of DouglasHouse Bill No. 89. A Bill to be entitled an Act
to abolish the ottice.ot Tax Collector ot Douglas County,Georgia;to create the office or Tax Cammissioner;ana tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

32,

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

By I1r. McBride ot Montgc:meryHouse Bill No. 498. A Bill to be entitled an Act
to abolish the office or Tax Collector and Tax Receiver or Montgomery County;to create the office ot Tax Commissioner;and tar other purposes.

The report or the committee,which was favorable to the pas~age or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

33,

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

By Messrs. Parker and Shirah or ColquittHouse Bill No. 514. A Bill to be entitled an Act
to repeal an Act approved March 24, 1933,creating the offices or Tax Commissioner and Assistant Tax Commissioner or Colquitt County,Georgia;and tor other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 31, nays C.

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

TuESDAY, MARCH 5, 1935.

1061

By Messrs. Parker and Shirah of Colquitt House Bill No. 515. A Bill to be entitled an Act
to repeal an Act to abolish the offices of Tax Receiver and Tax Collector of Colquitt 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 32, nays o.

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

By :t'Iessrs. Parker and Shirah of ColquittHouse Bill No. 518. A Bill to be entitled an Act
.to create the office of Tax Collector for Colquitt County,Georgia;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

31,

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

By Messrs. Parker and Shirah of ColquittHouse Bill No. 519. A Bill to be entitled an Act
to create the office of Tax Receiver of Colquitt County,Georgia;and far other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

on nays

toh. e

passage

or

the

bill

the

ayes

were

30,

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

1062

JouRNAL oF THE SENATE,

By Mr. McBride or MontgomeryHouse Bill No. 521. A Bill to be entitled an Act
to repeal an Act creating a board or Commissioners of Roads and Revenues :ror Montgomery County,Georgia;and :ror other purposes.

The report or the ccmmittee,Which was favorable to the passage or the bill,was agreed to.

On navs

toh. e

passage

or

the

bill

the

ayes

were

31,

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

By Mr. McBride or MontgomeryHouse Bill No. 522. A Bill to be entitled an
Act to create a Board or Commissioners or Roads and Revenues ror the County or Montgomery to be composed or seven members;and :ror other purposes.

The report or the committee,which was :ravorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

30,

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

By Mr. Henderson or IrwinHouse Bill No. 524. A Bill to be entitled an
Act to amend the Act approved February 16,1933, which created a Board or Commissioners or Roads and Revenues or Irwin Comrty;and :ror other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the b1ll,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

31,

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

TUESDAY, MARCH 5) 1935.

1063

By Mr. Ross of DodgeHouse Bill No. 569. A Bill to be entitled an Act
to amend an Act creating the office o:r Commissioner of Roads and Revenues o:r Dodge County;and for other purposes.

The report of the Corrmuttee,which was favorable to the passage of the b1ll,was agreed to.

On the passage of the bill the ayes were 29,
nays o.

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

By Mr. Caswell of LibertyHouse Blll No. 591. A Bill to be entitled an Act
to create a Board of Commissioners for the County o:r Liberty;and tor other purposes.

The report of the committee, which was favorable to the passage of the bill,was agreed to.

On nays

oth. e

passage

of

the

bill

the

ayes

were

31,

The bill having received the requisite Constitu~ tional majority, was passed.

By Mr. Caswell of LibertyHouse Bill No. 592. A Bill to be entitled an Act
to repeal an Act to create a Board of Commissioners o:r Roads and Revenues for the County of Liberty; to provide for the election of the members of same; and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

pas.sage

of

the

bill

the

ayes

were

31,

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

1064

JouRNAL oF THE SENATE,

The :following general bills and resolutions o:f tbe House and Senate,with local application,were read third time and put upon their passage:

By l'lr. Sutton o:f WilkesHotrne Bill No. 194. A Bill to be entitled an Act
to permit the use o:f steel traps in the counvJ o:f Wilkes :for trapping predatory :fur-bearing animals; and :for other purposes.

The report o:f the committee,which was :favorable to the passage o:f the bill,was agreed to.

On the passage o:f the bill the ayes were 31,
nays o.

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

By Mr. Sutton o:f WilkesHouse Bill No. 195. A Bill to be entitled an
Act to amend an Act permitting the taking of :fish in the :fresh waters o:f Georgia by providing :for the use o:f seines in Broad River;and :for other purposes

. The report o:f the conmi ttee, which was :favorable to the passage o:f the bill,was agreed to.

On nays

oth.e

passage

o:f

the

bill

the

ayes

were

38,

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

By Mr. Harrison o:f Crawford-

House Bill No. 216. A Bill to be entitled an Act

to amend Section 34-1302 of Chapter 34-13 of the

Code o:f Georgia o:f 1933;to provide that in Counties

o:f 7,000 to 7,050 population the polls at the

Court Houses o:f such Counties shall open and close

at the same time o:f day as at the precincts;and

:for other purposes.



TuESDAY, MARCH 5, 1935.

1065

The report or the committee,which was favorable to the passage of the bill,was agreed to.
on the passage or the bill the ayes were 27, nays 4.
The bill having received the requisite Consti tutional majority,was passed. By Messrs.Twitty and Bennett of Ware-
House Btll No. 572. A Bill to be entitled an Act to amend an Act so as to give the State of Georgia author-1ty to permit the United .States to acquire lands in Okefenokee Swamp;and for other purposes.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 30,
nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs. Grayson,McNall and Cohen of Chatham-
House Resolution No. 43-270a. A Resolution providing that State Librarian furnish certain volumes of law books to the Solicitor-General of the East~ ern Judicial Circuit;and for other purposes.
The report of the committee,which was favorable to the passage or the resolution,was agreed to.
27O,nnaythseop. assage of the resolution the ayes were
The resolution having received the requisite Constitutional rnajority,was passed. By Senator Almon of the 37~ District-
Senate Bill No. 199. A Bill to be entitled an Act to create the office of Comndss1oner or Roads and Revenues for the County or Heard;and ror other purposes.

1066

JouRNAL OF THE SENATE,

The report of the comm1ttee Which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

26,

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

By Senator Lester of the 18th DistrictSenate Bill No. 200.

A BIU..

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 Richmond 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 said loans are made;and for other purposes.

SECTION ONE. 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 seven, Paragraph one,of the Constitution of Georgia,which has heretofore been amended,shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit;"And except that Richmond County,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 Avidenced 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 meeting of such board entered on the mlnutes. The aggregate amount of said loanG outstanding at any one time shall not exceed fifty per cent. of the total gross income

TuESDAY, MARCH 5, 1935.

1067

ot 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 TWO. Be it :further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote o:r the members elected to each House,it shall be entered upon the journal o:r 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 tor holJing the next general election,and shall,at the next general election,be submitted to the people tor 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 o:r amendment to Article seven,Section seven,Paragraph one,of the Constitution,authorizing Ricrunond County to make temporary loans," and all persons opposed to the adoption ot said amendment shall have written or printed on their ballots the words,"Against ratification ot amendment o:r Article seven,Section seven,Paragraph one,ot the Constitution,authorizing Richmond County to make temporary loans," and it a majority ot the electors qualified to vote tor members o:r the General Assembly,voting thereon,shall vote tor ratification thereot,when the results shall be consolidated as now required by law in election tor members o:r the General Assembly,the said amendment shall become a part o:r Article seven,Section seven, Paragraph one ot the Constitution o:r this State, and th6 Governor shall make a proclamation therefor as provided by law.
SECTION THREE. All laws and parts of laws in conflict herewith are hereby repealed. The report o:r the committee,which was :favorable to the passage o:r the bill,was agreed to.

1068

JouRNAL or THE SENATE,

On the passage of the bill,it being an.amendment to the Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Carrington Chappell Clark Dennis Dickerson Duncan Edenfield Gary Gaskins Goodwin Harden Holt

Johnson or the 31st Johnston of the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty McLeod McWhorter

Milhollin Millican Pope Ragan Rawlins Rucker Scott Simmons Skelton Strickland Thomas Turner Vaughn Wright

By unanimous consent verification or the roll call was dispensed with.
The ayes were 42,Nays o.

The bill having received the requisite two-thirds Constitutional majority,was passed.

Not voting were: Senators Cannon or the 40th District,Cooper of the 22nd District,Crawford of the 42nd District,Darden of the 51st District, Evans of the 29th District,Hart of the 36th District and Smith of the 24th District.

Senator Lester or the 18th District asked unanimous consent that Senate Bill No. 200 be immediately transmitted to the House and consent was granted.

Senator Smith of the 24th District asked unanimous consent that House Bill No. 63 be immediately transmitted to the House and consent was granted.

TuESDAY, MARCH 5, 1935.

1069

The following resolution or the House was read third time and put upon its passage: By Messrs. Rivers of Lanier,Lanier,Harris and Barrett of Richmond-
House Resolution No. 12-13A. A Resolution proposing to the qualified voters of Georgia,an amendment to the Constitution of the State or Georgia, exempting from all ad valorem taxation,except special assessments and taxation tor any existing bonded indebtedness,a homestead not exceeding $5,000.00 in val~e;and tor other purposes.
The committee offered an amendment to the original resolution.
Senator Pope ot the 15th District,and others, offered a substitute tor the original resolution.
Senator Carrington ot the 27th District offered an amendment to the original resolution.
Senator Atkinson ot the 1st offered an amendment to the original resolution.
Senator Chappell of the 13th District and Senator Larsen of the 16th District offered an amendment to the original resol~tion.
Senator Chappell or the 13th District offered an amendment to the substitute to the original resolution.
Senator Rawlins of the 45 District moved the previous question on the bill,substitute and amendments thereto and the motion prevailed.
Senator Atkinson ot the 1st District moved that the Senate adjourn.
The motion was lost. The main question was ordered.

1070

JouRNAL oF THE SENATE,

The committee amendment was lost.

The amendment by Senator Carrington of the 27th was lost.

The following amendment by Senator Atkinson of the 1st to the original resolution was adopted:

Senator Atkinson of the 1st moves to amend House Bill No. 12-13a as follows:

By striking from ~he second paragraph of Section One. of said Bill the first five lirtes through the words "in value", and inserting in lieu thereof, the following:

"That tram and after December 31,1936,the General

Assembly or Georgia may exempt trom State ad va-

lorem taxation,and the cities,town and counties

or the State may,by two-thirds vote or their re-

spective governing-bOdies,exemRt to Qitizens ana

residents thereor,rram local ad valorem taxatiop,

the homestead or home place of the owner,consisting

of not more than one dwelling and actually occu-

pied by such owner as his legal residence,up to

the value or Two Thousand Five Hundred ($2,500.00)

Dollars.

.

"All parsonages or religious churches may likewise be exempted to the same value."

By striking from the seventh line or the third paragraph or said First Section,the words and figures,"one hundred (100) acres," and inserting in lieu thereof the words and figures, "fifty (50) acres."

By striking from the second line of the fourth paragraph of the First Section of said Act,the words and figures "five thousand ($5000)", and inserting in lieu thereof the words and figures "twenty-five htmdred ($2500)".
The amendment by Senator Chappell of the 13th and Senator Larsen of the 16th to the original resolution was lost.

TuESDAY, MARCH 5, 1935.

1071

The amendment by Senator Chappell of the 13th to the substitute to the original resolution was lost.

On the adoption of the SGbstitute to the original resolution by Senator Pope of the 15th 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:

Almon Beasley Clark Dickerson Duncan Gaskins Johnson of the 31st

Johnston of the 39th Jones Kirkland Lancaster McGinty McLeod

McWhorter Milhollin Pope Rawlins Sinnnons Vaughn Wright

Those voting in the negative were Senators:

Atkinson Carrington Chappell Crawford Dennis Gary Goodwin Harden

Hart Holt Kiker King Larsen Lester McGehee i-11llican

The roll call was verified.

Ragan Rucker Scott Skelton Smith Strickland Thomas Turner

The ayes were 20, nays 24.

The substitute was therefore lost.

The report of the committee,which was favorable to the passage of the resolut!on,as amended,was agreed to.

On the passage of the resolution,~s amended,being a proposed amendment to the Constitution,the roll was called and the vote was as follows:

1072

JouRNAL oF THE SENATE,

Those voting in the affirmative were Senators:

Atkinson Beasley Carrington Chappell Crawford Dennis Dickerson Edenfield
Gary
Gas~ ins

Goodwin Harden Holt Kirkland Larsen Lester McGinty McLeod Milhollin

Millican Rawlins Rucker Scott S!nmons Smith Strickland Thomas Turner

Those voting in the negative were Senators:

Almon Clark Duncan Hart Johnson of the
31st

Johnstcn of the 39th Jones Kiker King McGehee

McWhorter Pope Ragan Skelton Vaughn Wright

The roll call was verified.

The ayes were 28, nays 16.

The ceive

rtehseorleuqtiuoins1iates

amended,having failed to retwo-thirds Constitutional

majority,was lost.

Not voting were- Senators Cannon of the 40th District,Cooper of the 22nd District,Darden of the 51st District,Evans of the 29th District,and Lancaster of the 1Oth District.

Senator Lester of the 18th District gave notice that he would,at the proper time,move that the Senate reconsider its action in defeating House Resolution No. 12-13A.

The following privileged resolutions were read and adopted:

By Senator Lester of the 18th DistrictA Resolution extending the privileges of the

TuESDAY, MARCH 5, 1935.

1073

floor to Hon. Lee Ethridge,praminent citizen of Augusta,Georgia. By Senator Jones of the 17th District-
A Resolution extending the privileges of the floor to Hon. Joe Robinson,a former member of the General Assembly,and to Hon. D.B. Scott,a brother of the Senator of the 7th District. By Senator Lester of the 18th District-
A Resolution extending the privileges of the floor to Hon. G. Seals Aiken,prominent attorney of Atlanta,Georgia. By Senator Simmons of the 8th District-
A Resolution extending the privileges of the t.loor to Mrs. J.W. Callahan of Bainbridge,Georgia. By Senator Chappell of the 13th District-
A Resolution extending the privileges of the floor to Hon. Harvey Granger of Savannah,Georgia.
The hour of adjournment having arrived the President announced that the Senate stood adjourned until tomorrow morning at 10 otclock.

1074

JouRNAL OF THE SENATE,

Senate Chamber,Atlanta,Georgia. Wednesday 1 March 6 ,1935.
The Senat~ met ,pursuant to adjournment ,at 10 o'clock A.M. this day and was called to order by the President.
Prayer was otfered by the Chaplain. Senator Smith or the 24th District asked unan~ous consent that the calling or the roll be dispensed with. There was objection. Senator Smith or the 24th moved that the calling of the roll be dispensed with and the motion prevailed. Senator Hart of the 36th District,Chairman or the Committee on Journals,reported that he had examined the Jourr~l of yesterday's proceedings and round it correct. Senator Lester of the 18th District gave notice of a motion to reconsider the action of the Senate in defeating House Resolution No.l2-13A. Senator Almon of tne 37th District gave notice of a motion to. reconsider the action of the Senate in passing Senate Bill No.l99. 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 House to wit: By Mrs.Coxon of LongHouse Bill No.28. A Bill to be entitled an Act to

WEDNESDAY, MARCH 6, 1935.

1075

require all horse or mule drawn vehicles or other vehicles propelled by muscular power,using the public roads and highways or this State at night to be equipped with lights or retlectors,and tor other purposes. By Mr.McCracken ot Jefferson-
House Bill No.475. A Bill to be entitled an Act to amend an Act approved August 7,1918,entitled "An Act to change the board or roads and revenue or Jefferson County,so that said board shall consist or three men instead or one;and tor other purposes. By Mr.Whaley or Telfair:
House Resolution No.68-350b. A Resolution authorizing the State Librarian to furnish certain sets or the reports or the Appeals Court to the Clerk or the Superior Court ot Telfair County;and tor other purposes.
The following message was received from the House throug~ Mr.Kingery,the Clerk thereof: Mr.President:
The House has agreed to the Senate Amendments to the following Bills or the House,to wit: By Messrs.Grayson Cohen and McNall ot Chatham-
House Bill No.263. A Bill to be entitled An Act to amend the several Acts relating and incorporating the Mayor and Alder.men ot the City ot Savannah,and tor other purposes. By Mr.Johnston ot Upson-
House Bill No.288. A Bill to be entitled an Act to abolish the offices or Tax Receiver and Tax Collector ot Upson County,Georg1a;to create the ottice ot County Tax Cammissioner,and tor other purposes.
Senator Jones ot the 17th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted.

1076

JouRNAL oF THE SENATE,

Senator Almon of the 37th District moved that the Senate reconsider it's action in passing Senate Bill No.l99,a local bill affecting Heard County,and that it be re-committed to the Committee on Counties and County Matters.
The motion prevailed. Senator Lester of the 18th District moved that the Senate reconsider its action in defeating House Resolution No.l2-13A. The motion prevailed. The following Resolution o! thG Senate was read and refened to the Connnittee on Rules: By Senato~1 Rawlins o! the 45th DistrictSenate Lesolution No.95~ A Resolution establishing as a special order of business ct today House Resolution No.l2-13A which was reconsidered by the Senate and placed at the foot of the calendar. The Journal was confirmed. Senator Scott of the 7th District asked unanimous consent that the following be established as the order of business for today,following the tirst part of the period of unanimous consents: 1. Introduction of new matter,under the rules. 2. Repo1~s of standing committees. 3. Senate Bills with House amendments. 4. First reading of House Bills for reference. 5. Second reading of Senate and House Bills favorablY reported. 6. Th:l.rd reading and passage of local uncontested Senate and House Bills,and general Senate and House Bills with local application. 7. Special orders previously fixed,to be followed by putting on passage general Senate and House Bills ready for third reading. There was objection.

WEDNESDAv, MARCH 6, 1935.

1077

Senator Scott or the 7th District moved that the above order or business be set ror the day and the motion prevailed.
Senator Pope or the 15th District e.sked unanimous consent that tha session or the 3enate today be extended until 2:00 orclock P.M.
There was objection. Senator McWhortar or the 19th District moved that the session or the S9nate be extended untill:30 P.l1. The motion prevailed.
The following Bills of the Senate were introduced, read the first time and referred to committees: B.y Senator Redwine or the 26th District-
Senate Bill No.218. A Bill to be entitled an Act to declare the powers and duties or officers or counties,municipalities or other political subdivisions charged with levying taxes and contracting debts;and ror other purposes.
Committee on State or Republic. By senator Rawlins or the 45th District and Senator Gaskins or the 6th District-
Senate Bill No.219. A Bill to amend Title 5 ("Agriculture") Part VI I ("Naval stores and Lumber") I Chapter 5-16 ("Inspection~),or the Code or Georgia or 1933;and ror other purposes.
Committee on Agriculture. By Senator Scott.or the 7th District-
Senate Bill No.220. A Bill to increase the mileage or the State Aid Road System by the addition or a highway known as the Pavo-Homerville Road,beginning at Pavo,and running in an easterly direction through Barney,Hahira and La.keland;and tor other purposes.
Committe on Highways and Public Roads.

1078

JouRNAL OF THE SENATE,

ay Senator Johnson or the 31st District and Senator Skelton of the 30th District-
Senate Bill No.221. A Bill to abolish the tee system now existing in the Superior Court or the Northern Judicial Circuit,as applied to the office ot Solicitor General;and tor other purposes.
Committee on General Judiciary No.1. By Senator Dickerson ot the 5th District-
Senate Bill No.222. A Bill to increase the mileage or the State Aid P.oad System by adding highwa known as the Pearson-Ray City Road,starting south or the Atkinson County Court House,on route 89 and ending at the intersection or route 11 and route 125 in Ray City;and tor other purposes.
Committee on Highways and Public Roads. By Senator Dennis of the 28th District-
Senate Bill No.223. A Bill to amend an Act or the Code or Georgia or 1933 which provides tor verification when the Judge is dead or absent or retuses to sign Bill or exceptions so as to remove the requirement or verification by at least one disinterested member or the bar;and tor other purposes.
Committee on General Judiciary No.2. By Senator McGinty of the 43rd District-
Senate Bill No.224. A Bill to amend the Code or Georgia or 1933 creating a Board or Roads and Revenues r.or Murray County;and for other purposes.
Committee on Counties and County Matters. The following Resolution or the Senate was introduced,read the tirst t~e and referred to Committee:
B,y Senator Chappell ot the 13th District-
Senate Resolution No.96. A Resolution providing that highways 80 and 280 shall hereafter be lmown as the Crisp Military Highway.
Committee on Highways and Public Roads.

WEDNESDAY, MARCH 6, i935.

1079

Hr.Cooper or the 22nd District,Chair.mart or the Cammittee an Municipal Government,submitted the following report: Mr.Pres+dent:
Your Committee on MUnicipal Government have had under consideration the !ollowing Bills or .the Senate and have instructed me as Chainnan,to report the same back to the Senate with the !ollowing recommendation:
Senate Bill No. 196,do pass. RespectfullY submitted, Cooper o! 22nd District, Chairman.
Mr.Vaughn or the 34th District,Chairman or the Committee on Special Judiciary,submitted the following report: Mr.President:
Your Committee on Special Judiciary have had under consideration the following Bills or the House and Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. SO,do pass. Senate Bill No. 64,do pass. Senate Bill No. 43,do not pass. Senate Bill No.l62,do pass. House Bill No. 333,do pass. House Bill No. 480,do pass. House Bill No. 56S,do pass.
Respecttull.Y submitted Vaughn or 34th Distr!ct,
Chairman. Hr.-Skelton or the 30th District,Cbainnan or the Committee on General Judiciary No.1 submitted the

1080

JouRNAL oF THE SENATE,

following report: Mr.President:
Your Committee on General Judiciary No.1 have had under consideration the following Bills o! the Senate and have instructed me as Chairman,to report the same back to the Senate w1th the following recommendations:
Senate Bill No.204, do pass. Senate Bill No.207, do not pass.
Respectfully submitted, J.H. Skelton,sr. of 30th District. Chairman.
Mr.Skelton of the 30th District,Chairman of the Committee on General Judiciary No.l,submitted the following report: Mr . P r e s i d e n t :
tour 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 following recommendations:
House Bill No. 504,do pass. House Bill No. 589,do pass. House Bill No. 27l,do pass.
Respectfully submitted, J.H. Skelton,sr. of 30th District, Chairman.
Mr.Clark of the 44th District ,Chairman of the Committee on Counties and County Matters,subm1tted the tollowing report: Mr.President:
Your Commitee on Counties and County Matters have

WEDNESDAY, MARCH 6, 1935.

1081

had under consideration the following Bills or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 523,do pass. House Bill No. 684,do pass. House Bill No. 697,do pass. -House Bill No. 706,do pass. House Bill No. 713,do pass. House Bill No. 714,do pass. House Bill No. 726,do pass. House Bill No. 698,do pass. House Bill No. 660,do pass. House Bill No. 590,do pass.
RespectfullY submitted, Clark or 44th District, Chainnan.
Senate Bill No.57 by Senator Scott o! the 7th District and others,a Bill provi~ing !or the selection b.Y the Governor or banks in certain cities and towns as State Depositories,was taken up !or the purpose or considering the following House amendments thereto:
The committee moves to amend by adding the following cities and towns in the appropriate place in the bill:
"Dudley;Pelham;Eatonton;and Union Point." Mr.Standard of Wilcox moves to amend Senate Bill No.57 by including the following town in said Bill: "Abbeville." The Senate agreed to the House amendments. Senate Bill No.3l by Senator Lester ot the 18th District,a Bill requiring insurance companies and persons or corporations insuring the payment ot compensation to employees to obtain permits trom the

1082

JouRNAL oF THE SENATE,

Department ot Industrial Relations,was taken up tor the purpose ot considering the following House substitute thereto:

A BILL

To be entitled an Act to amend Title 114 (Workmen's Compensation) and Chapter 114-6 ot the Code ot Georgia ot 1933 by adding to said Chapter and Titl~ a new section requiring insurance companies and persons or corporations insuring the payment o! compensation to employees as provided by said Title to obtain permits tram the Department ot Industrial Relations;to authorize the revocation ot such permits; to prov1de punishment tor the violation ot this Act; and tor other purposes.

BE IT ENAC'IED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION ONE.

That Title 114 Chapter 114-6 ot

1

s

("Workmen's aid Title o

t

Compensation") and the Code ot Georgia

ot 1933 be and the same is hereby amended by adding

at the end ot said Chapter 114-6 a new section to

be numbered Section 114-610,and to read as follows:

"114-610. Permits reqUired ot Insurance Carriers.

Revocation ot Permits,Etc.-Every insurance company

and every person,tirm or corporation,writing poli-

cies ot insurance under this Title,or insuring the

payment ot compensation to employees as provided by

this Title,be!ore writing any such policy,or enter-

ing upon any such insurance contract,or continuing

any such contract ot torce,shall obtain !rom the

Department ot Industrial Relations a permit author-

izing such company or such tion to engage in business

pasersaonn11tnirs.umranocreccoarprorirear-

under this Title and to write and enter upon such

insurance contracts. The application tor such per-

mit shall set torth such !acts as the Department ot

Industrial Relations, may, by regulation, require.

The Department ot Industrial Relations is authorized

to prescribe the tor.m ot permit and to provide by

regulation tor a hearing upon such application.

Upon the tiling ot such application,the Department

WEDNESDAY, ~ARCH 6, 1935.

1083

ot Industrial Relations shall have such hearing

thereon as may be provided for by regulation and

shall grant such permit if in its discretion the ap-

plicant is qualified,tinancially and otherwise,to

carry on such insurance business. The Department or

Industrial Relations shall prescribe the rules and

regulations tor apportioning rejected Workmen's Com-

pensation policies and may establish an equitable

assignment of such policies and enforce such provi-

sion;provided,however,that it and when any Ratemak-

ing or Rate Modification Bureau or other s~ilar

Bureau maintained by the insurance carriers and ap-

proved by the Insurance Commissioner,with authority

to handle such matters in this State ,agree that when

a risk has been rejected by any three companies

doing business in this State the Bureau will 1mmedi-

ate1y assign a company to write said risk,then the

Department or Industrial Relations shall not make

the assignment but shall refer the matter to said

Bureau,which shall make the assignment subject to

rules approved by the Department of Industrial Re-

lations. The policy to be issued shall be the Stan-

dard Workmen s Compensation Policy of Insurance con-

taining the usual and customary provisions,tound in

sueh policies thereof,at the rate prescribed by the

Insurance charge sh

aClalmbme1spsrioomnpetr.J4.Y~dp

furth aid.

e I

r f

that the there is

premium
any

question regarding the lack of accidentprevent"ion

and satety engineering with respect to a particular

risk reasonable rules and regulations are to be

promulgated,which shall be put into full force and

ettect when approved by the Department ot Industrial

Relations. ~he requirements of this Section shall

be in addition to anything required of insurance

companies under the general laws of this State as

embodied in Title 56 or this Code. Tne Department

ot Industrial Relations is authorized,ot its own

motion,or upon complaint filed with it,atter notice

of not less than ten days and a hearing thereon,to

revoke any permit granted under this Section if it

shall appear that the holder of such permit de-

clines to accept and underwrite any risk so assigned

to it after said risk shall be assigned to said Com-

pany by the Department of Industrial Relations and/or

1084

JouRNAL oF TM.E SENATE,

a Bureau established and approved for rating purposes where the employer is ready,willing and able to pay the premium thereon at the rate prescribed by the Insurance Department,or if it shall appear that the holder of any such permit !ails and refuses to obey any valid order of the Department or Industrial Relations ,or to pay any award entered against it by the Department and not appealed rrom,or affirmed on appeal,or if it should appear that the holder or such permit is other,wise not qualified to carry on such business. Appeal from any decision under this Section may be made in the manner provided elseWhere tor appeals !ram orders or judgments or the Directors or the Department of Industrials Relations.

SECTION TWO.
That said Title 114 or the Code or Georgia of- 1933 be further amended by adding at the end of Chapter 114-99 a new Section to be numbered Section 114-9902, and to read as tollows:
"114-9902. Penalty !or Carrying on Insurance Business without Permit or Arter Revocation or Permit. Any company or any person,firm or corporation who shall write insurance under this Title, or enter upon any contract to insure the payment or compensation under this Title,or continue any such contract of force without first obtaining a permit fran the Department of. Industrial Relations as required by Section 114-610,or attar the revocation of any such permit,shall be guilty of a misdemeanor."

SECTION THREE.

This Act shall become effective thirty days tram

its approval by the rier referred to in

SGeocvteironnori

and no shall

insurance carthereafter enter

upon any such contract or insurance ,or continue in

torce any such contract ot insurance outstanding at

the t~e or the approval of this Act,without obtain-

ing the permit required under Section 1.

SECTION FOUR. All laws and parts or laws in conflict with this Act are hereb,y repealed.

WEDNESDAY, MARCH 6, 1935.

1085

The Senate adopted the House substitute !or Senate Bill No.31.
Senate Bill No.21 by Senator Pope o! the 15th District,a Bill relating to the incorporation o! Banks, was taken up !or the purpose o! considerating the following substitute,as amended,o! the House theret~
A BILL
To be entitled an Act to amend the Banking Law as codi!ied in Title 13,Section 13-90l,Paragraph 3 o! the Code o! 1933,re1ating to the incorporation o!
banks by striking tl:'.e !igures "6 ,ooo" in the third
and r!rth lines o! said paragraph and inserting in lieu thereo! the !igures "7,500";by striking the following: "Provided,this section shall not apply to banks whose capital stock is now !ixed,so they shall not be required to increase the same" in the !i!th, sixth and seventh lines thereo!,and by providing that Banks may be chartered in towns with populations not exceeding 2,500 where no chartered Banks are now located ,with a minimum capital o! not lest:~ than $15,000 !or a period o! one year !ram date o! passage o! this Act. Provided also that Banks now operating in towns with populations o! less than 2,500 with capitals o! $25,000 or more,may,within a period o! one year !rom the date o! the passage o! this Act,reduce tneir capital stock to $15,000 by amending their charter.
Be it enacted by the General Assembly or Georgia,as !ollows:
SECTION ONE. That Section l3-901,Paragraph 3 o! the Code o! 1933,re1ating to the incorporation or banks and the capital stock required,be and the same is hereby amended by striking the !igures "6,000" in the third and fifth lines of said paragraph,and inserting in lieu thereo! the !igures"$7,500";by striking the following: Provided,this Section shall not apply to banks whose capital stock is now !ixed,so they shall not be required to increase the same in the !i!th,

1086

JouRNAL oF THE SENATE,

sixth and seventh lines or said paragraph and by adding at the end or said paragraph,the following:
Provided further that banks may be chartered tor a period or one year attar the passage or this Act in towns,the population or Which does not exceed 2,500 according to the last preceding census or the United States,in which no chartered banks are now located,with a min~ capital or not less than $15,000. Provided also that any bank now located in a town wnose population does not exceed 2,500 according to the last preceding census or the United States,and having a capital or $25,000 or more,may, within a period or one year tram the date or passage ot this Act,reduce their capital to $15,000 by amending their charter." so that said paragraph as amended shall read as follows:
"3. The amount of its capital stock which shall not be less than $25,000 where located in a town or city whose population does not exceed 7,500 according to the last preceding census ot the United States,and not less than $50,000 where located in a city or town whose population exceeds 7,500 according to said census: Provided further that banks mey be chartered tor a period or one year attar tne passage of this Act in towns,the population or which does not exceed 2,500 according to the last preceding census or the United States,in which no chartered banks are now located,w1th a min~um capital ot not less than $15,000. ProVided also that any bank now located in a town whose population does not exceed 2,500 according to the last preceding census ot the United States,and having a capital or $25,000 or more,may,within a period or one year tram the date of passage of this Act,reduce tneir capital to $15,000 by amending their charter.
SECTION TWO.
This Act shall take effect tram and attar its passage and approval by the Governor.
SECTION THREE.
All laws and parts of laws in contlict with this Act are hereby repealed.

WEDNESDAY, MARCH 6, 1935.

1087

The Senate adopted the House substitute,as amended, to Senate Bill No.21.
The following Bills ot the House were read the first t~e and referred to Committees: B,y Mrs.Coxon ot Long-
House Bill No.28. A Bill to require all horse or mule drawn vehicles,or other vehicles,propelled by muscular power to be equipped with lights or re-
flectors at night;and tor other purposes Committee on Highways and Public Roads. B,y Mr.McCracken of Jefferson-
House Bill No.475. A Bill to amend an Act entitled "An Act to change the Board ot Roads and Revenues ot Jefferson County;"and tor other pur~ poses.
Committee on Counties and County Matters.
The following Resolution ot the House was read
the first time and referred to Committee: B,y Mr.Whaley or Telfair-
Hause Resolution No.68-350b. A Resolution authorizing the State Librarian to furnish certain sets ot the Reports of the Appeals Court to the Clerk of the Superior Court ot Telfair County;and tor other purposes.
Committee on Public Libraries. The following Bills ot the Senate ,favorably reported by committees,were read the second t~e: By Senator Rucker of the 50th District-
Senate Bill No.64. A Bill to reduce the 3i% in-
terest allowed under the Small Loan Act,up to $300.00 !rom 3i% per month to a maximum ot 1% per month;and !or.other purposes.

1088

JouRNAL or THE SENATE,

By Senator Millican of the 35th Distr1ctSenate Bill No.ao. A Bill to regulate and re-
strict the rate or interest on small loans;and for other purposes. By Senator Rawlins of the 45th District-
Senate Bill No.l62. A Bill to amend the Code or Georgia or 1933 Which prescribes the interest and charges to be paid tor small loans;and tor other purposes. By Senator Atkinson of the 1st District-
Senate Bill No.l96. A Bill to alter and amend the several acts relating to and incorporating the Mayor and Aldermen or the City or Savannah;and tor other purposes. By Senator Rawlins of the 45th District-
Senate Bill No.204. A Bill to regulate tne granting or new trials;and for other purposes.
The following bills or the House,ravorably reported by Co.mmittees,were read the second ttme: By Messrs.Spivey of Emanuel,Harris ot Lanier and Barrett of Richmond-
House Bill No.271. A Bill to provide tor the acceptance or an Act or the Congress or the United States,providing tor the establishment or a National Employment System;and tor other purposes. B,y Messrs.Jackson ot Bleckley,Edwards of Lowndes, Harris of Richmond,Pyer ot Coweta,Spivey or Emanuel, and Ennis or Baldwin-
House Bill No.333. A Bill to repeal an Act which provides that members or the General Assembly shall not be eligible during the term to be appointed by any department or the State;and tor other purposes. By Messrs.Bloodworth,Bowden,Freeman of Bibb-
House Bill No~480. A Bill to amend an Act creating a Municipal Court or the City ot Macon;and tor other purposes.

WEDNESDAY, MARCH 6, 1935.

1089

By Mr.Teasley of CherokeeHouse Bill No.504. A Bill to amend an Act so as
to exempt certain persons in certain counties from payment of commutation tax;and for other purposes.

By Mr. Henderson of IrwinHouse Bill No.523. A Bill to abolish the offices
of Tax Receiver and Tax Collector of Irwin County and to create the office of Tax Commissioner;and for other purposes.

By Mr.Ross of DodgeHouse Bill No.565. A Bill to provide thatall
scrip or warrants relating to any and all expense in copnectlon with the Superior Court of Dodge County, shall be drawn by the Clerk or the Superior Court; and for other purposes.

By Mr.Teasley of CherokeeHouse Bill No.589. A Bill to provide for the pay-
ment in certain counties,of actual cost incurred 1n the Superior Court for the trial and conviction of misdemeanor convicts worked by said counties upon the public roads of the same;and !or other purposes.

By Mr.Teasley of CherokeeHouse Bill No.590. A Bill to provide !or the
pay.ment or the salary in lieu of fee to Sheriffs in
such counties;.and !or other purposes
By Mr.Marshall of MaconHouse Bill No.660. A Bill to fix the amount of
the bond of the Sheriff of Macon County;and !or other purposes.

By Mr. Gardner of Candler-

House Bill No.684. A Bill to amend an Act to con-

solidate the offices of Tax Receiver and Tax Col-

lector and to create the office of Tax Commissioner;

and ror other purposes.

.

By Mr.Zellner of MonroeHouse Bill No.697. A Bill to amend an Act abol-
ishing the offices of 'l'ax Collector and Tax Receiver

1090

JouRNAL OF THE SENATE,

in and tor the county of Monroe and creating in lieu thereof the office of Tax Cammissioner;and tor other purposes. By Mr. Bland of Stewart-
House Bill No.698. A Bill to fix the amount of bond of the Sheriff ot Stewart County;and tor other purposes. By Mr.Swindle ot Berrien-
House Bill No.706. A Bill to amend an Act creating the Board of Commissioners of Berrien County; and tor other purposes. By Messrs.Perry and Houston ot Worth-
House Bill No.713. A Bill to amend an Act Which consolidates the offices of Tax Receiver and Tax Collector ot Worth County;and for other purposes. By Mr.Edwards of Stephens-
House Bill No. 726. A Bill to reduce the bond of the Sheriff of Stephens County;and tor other purposes. By Messrs.Perry and Houston ot Worth-
House Bill No.714. A Bill to amend an Act creating and establishing a Board of Commissioners ot Roads and Revenues tor Worth County;and tor other purposes.
Senator Lancaster of the lOth District asked unan~ous consent that House Bill No.714,amending an Act creating a Board ot Commissioners ot Roads and Revenues ot Worth County,be re-committed to the Committee on Counties and County Hatters.
The consent was granted. The following local Bills ot the House were read third ~tme and put upon their passa~e: By Messrs.Scruggs and Gilbert of WashingtonHouse Bill No.722. A Bill to be entitled an Act approved March 2,1933,by providing that the county

WEDNESDAY, MARCH 6, 1935.

1091

council or Washington County Shall be elected by the grand jury instead of by the 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 32,nays o.
The Bill having received the requisite Constitutional majority,was passed. By Messrs.Scruggs and Gilbert of Washington-
House Bill No.723. A Bill to be entitled an Act to amend an Act approved March 24,1933,fixing the compensation of t..he members of the Board of County Commissioners or 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 3l,nays~ The Bill having received the requisite Constitutional majority,was passed. The following bills of the Senate and House were read third tnne and put upon their passage: By Senator Evans of the 29th DistrictSenate Bill No.l79. A Bill to be entitled an Act to prohibit judges of the Superior Courts of this State from presiding in criminal cases in counties outside their Judicial Circuit;and for other purposes. Senator Evans or the 29th District off~red an amendment. Senator Skelton of the 30th District offered an amendment. vioSuesnaqtouresLtieosntearndofththeem1o8titohnDpirsetvriaciltemd.oved the pre-

1092

JouRNAL OF THE SENATE,

The main question was ordered.

The amendments by Senator Evans and by Senator Skelton were lost.

t

o

The the

r

eport o passage

f

th of

ethecobmiml lit1tweeas1 wdhiiscahgwreaesd

f

avo to.

ra

b

le

The Bill was therefore lost.

Senator Evans of the 29th District gave notice that at the proper t~e he would move that the Senate reconsider it's action in failing to agree to the report of the committee on Senate Bill No.179.

The President at this t~e introduced to the Senate Speaker Haynes of the House of Representatives of Tennessee.

Senator Larsen of the .16th District asked unani-

mous consent that further consideration of Senate

Bill No.l48 131 1935 1 and

be postponed until next consent was granted.

Wednesday 1 March

By Messrs.Lanier Harris and Barrett of RichmondHouse Bill No.i2. A Bill to be entitled an Act to
propose to the qualified voters of the State or AaGttwhdseoeosoeprmS(tg2tibd)aalyti1eafofntfeooArafemcrnGletatniecsdorlsmreaigeftineysates1vpstooearnnodaPpsa(em7rra)tteoygthoraofafopduthsrthhefotoaonrxCerizaoet{tani1oxs)thnti1ineS1tgauenGtcdditeoiinontfeonfreoafrlent classes of property;to limit the State tax on real estate and also limit the tax on intangible personal property;and tor other purposes.

Section 1.

Be it enacted by the General Assembly or the State

of the of

Gasreatomircegl1ietah1 asanetvdepniatra(g7isr)aphohefretohbneye

enacted by authority of (1) or section two (2) Constitution of the

State of Georgia be and the same is hereby amended

by striking all of said paragraph and inserting in

lieu thereof as paragraph one (1) 1section two(2) of

WEDNESDAY, MARCH 6, 1935.

1093

article seven (7) or said Constitution,the tollowing,to-wit:
All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class or subjects within the territorial l~its or the authority levying the tax. Classes or subjects tor taxation or property shall consist or real property and one or more classes or personal property including money. The General Assembly shall have the power to classify personal property including money tor taxation,and to adopt different rates and different methods tor different classes or such property.
Section 2. Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a two-thirds vote of the members elected to each House,it shall be entered upon the Journal-of each House with the nyeas" and "nays" thereon,and shall be published in one or more newspapers in each Congressional District in the State tor two months previous to the t~e tor holding the next general election,and,at the next general election,shall be submitted to the people tor ratification. All persons voting at said election in favor or adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification or amendment of paragraph one (1), section two (2), article seven (7) or the Constitution,authorizing classification or intangible property tor taxation and the adoption or different rates and methods for different classes or property, and to limit the State ad valorem tax,and to limit the ad valorem tax on intangibles";and all persons opposed to the adoption or said amendment shall have written or printed on their ballots the words: "Against ratification or amendment to paragraph one (l),section two (2),art1cle seven (7) or the Const1tution,authorizing the classification or intangible property tor taxation and the adoption or different rates and methods tor different classes or property, and limit the State ad valorem tax,and to l~it the

1094

JouRNAL oF THE SENATE,

ad valorem tax on intangibles" ;and if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof,When the returns shall be consolidated as now required by law in elections for members of the General Assembly,and return thereof made to the Gove~nor,then he shall declare said amendment adopted and make proclamation of the results by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.

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 Millican of the 35th D1strict,Senator Simmons of the 8th District and Senator Atkinson or the 1st District offered the following amendment:
Amends House Bill No.l2 by adding to the end or Section 1 the following:
Provided however that money,accounts,notes, stocks and bonds shall be classified as intangible property and be taxed not more than 5 mills for all purposes,to be divided as follows: 40% for County purposes;40% for Municipal purposes;20% for State purposes.

'!he amendment was adopted.

The report of the eammittee,which was favorable to the passage of the bill,as amended,was agreed to.

On the passage ot the Bill,as amended,it being a proposed amendment to the Constitut1on,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon

Carrington

Crawford

Atkinson

Chappell

Darden

Beasley Carmon

Clark Cooper

Dennis Duncan

WEDNESDAY, MARCH 6, 1935.

1095

Evans Gary Gaskins Goodwin Harden Hart Holt Johnson of the 31st Johnston of the 39th Jones Kiker

King Kirkland Lancaster Larsen Lester McGehee McGinty McLeod McWhort.er
. Millican
Po~

Ragan Rucker Scott S1nnnons Skelton Smith Strickland Thomas Turner Wright

B,y unan~ous consent verification of the roll call was dispensed with.
The ayes were 44,nays o.

Tbe Bill,as amended,having received the requisite two-thirds Constitutional majority,was passed.

Not voting were: Senators Dickerson of the 5th District,Edentield of the 4th DistrictJ1ilhollin of the 46th District,Rawlins of the 45th District and Vaughn of the S4th District.

By Hessrs.Almand and Hartsfield of Fulton,Terrell of Troup-
House Bill No.ll6. A Bill to be entitled an Act to authorize the Courts ot record in the State to render a declaratory judgment and to provide the procedure therefor,and for other purposes.

Senator Millican or the 35th District otfered the following amendment:
To amend House Bill No.ll6 by adding a section to be known as Section 18 to read as follows:
"All laws and parts or laws in conflict with this Act be and are hereby repealed."

The amendment was adopted.

Senator Jones ot the 17th District moved the previous question.

1096

JouRNAL OF THE SENATE,

Senator Evans of the 29th District moved that the Bill be tabled.
Senator Duncan of the 23rd moved that the Senate adjourn and the motion prevailed.
The following message was received tram the House through Mr.Kingery,the Clerk thereof: Mr.President:
The House has passed by the requisite Constitutional majority the following Bills ot the Senate to wit: B,y Senator Millican of the 35th District-
Senate Bill No.l4. A Bill to be entitled an Act proposing to the qualified voters of Georgia an amendment to Article III,Section II of the Constitution of Georgia creating a new Senatorial District to be composed of the County of Fulton. By. Senator Crawford the 42nd District-
Senate Bill No.33. A Bill to be entitled an Ar.t
to amend an Act of the General Assembly approved
July 24,1920,entitled: An Act to amend Section 582 ot the Civil Code of Georgia by providing that County Warrants legally issued and duly presented and not paid for want of tunds shall bear interest at the legal rate !ram date of entry by the Treasurer of such presentation and nonpayment,and for other
purpos~s.
The following message was received tram the House through Mr.Kingery,the Clerk thereof: Mr.President:
The House has passed by the requisite Constitutional majority the !allowing bills and/or resolutions of the House and/or Senate to wit: By Mr.Brown of Glynn-
House Bill No.249. A Bill to be entitled an Act

WEDNESDAY, MARCH 6, 1935.

1097

to amend an Act entitled "An Act to change !rom the tee to the salary system in certain counties in Georgia,approved August 13,1924,by making the provisions thereof applicable to all counties having a population o! not less than 19,300 nor more than 19,500,and !or other purposes.

By Mr.Brown o:r GlynnHouse Bill No.266. A Bill to be entitled an Act
to amend Sections 34-1903,34-1904 and 34-1905 o:r the Code o! 1933 by providing that said sections shall not apply to those counties having a population under the census o:r 1930,o:r not less than 19,300 nor more than 19,500,and :ror other purposes.

ay Mr.Allen o:r Baldwin-
House Bill No.298. A Bill to be entitled an Act to amend the Banking law as codified in Title 13, o! the Code o! 1933,de!ining the term "Bank",by excluding therefrom corporations chartered by the Superior Courts,and :ror other purposes.

By Messrs~Harts!ield,Almand and Ramsey or FultonHouse Bill No.soo. A Bill to be entitled an Act
to provide !or the tilling or the vacancy in certain county o!!ices in countieshaving a population o:r 200,000 or more,and :ror other purposes.

By Mr.Watson or Pauiding-

,

House Bill No.662. A Bill to be entitled an Act to prohibit certain persons from buying or selling

to certain classified counties anything whatsoever

either directly or indirectly,and !or other pur-

pos~s.

By Messrs.Harts!ield,Ramsey,and Almand or Fulton-

House Bill No.767. A Bill to be entitled an Act

to repeal an Act establishing the City Court o! At-

lanta{approved December 15,1871ito provide :ror dis-

posit on o:r the business in saia court,and tor

other purposes.

,

ByMessrs.Harts!ield,Ramsey and Almand o:r FultonHouse Bill No.768. A Bill to be entitled an Act

1098

JouRNAL or THE SENATE,

to add an ad.ditional judge to the Superior Court of the Atlanta Judicial Circuit;to fix the ttme when he shall begin his term,and !or other purposes.

By Me~srs.Almand,Ramsey and Hartsfield o! FultonHouse Bill No.769~ A Bill to be entitled an~Act
to amend an Act to establish Juvenile courts in certain counties by fixing the salary of the judge or said juvenile court in counties having a population or 200,000 inhabitants or more,and tor other purposes.

By Messrs.AlmandLR~ey,and
House Bill No.r70. A Bil

Har l to

tsf
be

i

eld ent

o! itle

dFualntoAn-ct

to amend an Act reducing and fixing the salary o!

judges o! city courts ot this State in counties

having therein a city with a population of not less

than 175,000,and !or other purposes.

By Messrs.Almand and Ramsey of FultonHouse Bill No.772. A Bill to be entitled an Act
to amend an Act abolishing the tee system existing in the Superior court or the Atlanta judicial Circuit as applied to the o!!ice o! the SolicitorGeneral o! said circuit so as to reduce and fix the salary of the Solicitor-General and the assistant Solicitor-General,and tor other purposes. B,y Messrs.Almand~sey and Hartsfield of Fulton-
House Bill No.rl3. A Bill to be entitled an Act to supplement the salaries ot the Superior Court Judges or Fulton County as provided in Section 2-4001 ot Title 2 o! the Code or 1933, and tor other purposes.

The following privileged resolutions were read and adopted:
By Senator Redwine of the 26th DistrictA Resolution extending the privileges or the floor
to Mrs.L.P.Longino of Milledgeville,Georgia.

WEDNESDAY, MARCH 6, 1935.

1099

By Senator Scott of the 7th DistrictA Resolution extending the privileges of the
floor to Hon.Fred Singletary and Hon.Walter Hargrove of Thomasville, Georgia. By Senator Pope ot the 15th District-
A Resolution extending the privileges ot the . floor to Hon.J.M.D.McGregor,a for.mer member or this body fran the 15th District. By Senator Chappell of the 13th District-
A Resolution extending the privileges or the floor to Hon.James A.Fort,Mayor of the City ot .Americus. By Senator Lester of the 18th District-
A Resolution extending the privileges ot the floor to Hon.I.S.Peebles,former Senator of the 18th District. By Senator McGehee of the 25th District-
A Resolution extending the privileges of the floor to Hon.Jno.H.McGehee,Jr.and Hon.Wm.Dallas of Upeon County.
The President announced that the Senate stood adjourned until tomorrow morning at 10 o'clock.

1100

JouRNAL or THE SENATE,

Senate Chamber,Atlanta,Georgia. Thursday,March 7,1935.

The Senate met,pursuant to adjournment,at 10 otclock A. M. this dey and was called to order by the President.

Prayer was ofrered by the Chaplain.

Leave or absence was granted Senator Lancaster or the lOth District.

The roll was called and the following Senators answered present:

Atkinson Beasley Cannon Carrington Chappell Clark Cooper Crawford Darden Dennis Oickerson Duncan Edenfield Evans
Gary
Gaskins Goodwin

Harden Hart Holt Johnson or the 31st Jolmston or the
39th Jones Kiker King Kirkland Larsen Lester McGehee McGinty McLeod McWhorter

Milhollin Millican Pope Ragan Rawlins Rucker scott Simmons SSmkeitlhton. Strickland Thomas Turner Vaughn Wright Mr. President.

Senator Hart of the 36th Distr1ct,Cha1rman of the Committee on Journals,reparted that he had examined the Journal or yesterday's proceedings and romd it correct.

Senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and the consent was granted.

The Journal was cont1rmed.

THURSDAY, MARCH 7, 1935.

1101

Senator Scott or the 7th District asked unanimous consent that the rollowing be established as the order of business for today,tollowing the first part or the period or unanimous consents:
1. Introduction or new ma.tter,under the rules. 2. Reports or Standing committees. 3. First reading or House bills tor reference. 4. second reading or Senate and House bills
favso. rTabhliyrdrerepaodritnegd.and passage of local uncontested
Senate and House bills,and general Senate and House bills with local application.
6. UnfiniShed business or previous session. 7. Special orders,to be followed by putting on passage general Senate and House bills ready for third reading. The consent was granted. The following resolution or the Senate was read and referred to the Committee on Rules: By Senator Scott of the 7th DistrictSenate Resolution No. 97. A Resolution establishing as a special order for this date,to follow immediately after the order or "unfinished business" ot the previous session,House Bill No. 545. Senator Scott or the 7th District,pursuant to a notice given yesterday,asked unanimous consent that when the Senate adjourn today at 1 otclock that it reconvene at 2 otclock this afternoon tor the purpose of considering Senate bills only. The consent was granted. Senator Scott of the 7th District asked unanimous consent that the Senate take a five minute recess in order that the Rules Committee might meet. The consent was granted. The President called the Senate to order.

1102

JouRNAL oF THE SENATE,

Mr. Scott of the 7th District,Vice-Chairma.n of the Committee on Rules,submitted the following report: Mr. President:
Your Committee on Rules have had under consideration the following Resolutions of the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 97,do pass. Senate Resolution No. 95,do pass,as amended.
Respectfully submitted, Scott of the 7th District, Vice-Chairman.
Senate Resolution No. 97,establish1ng House Bill No. 545 as a special order or the day,was read and adopted.
Senate Resolution No. 95, by Senator Rawlins ot the 45th District,a resolu~ion providing that House Resolution No. 12-13A be set as a special and continuing order of business innnediatel.y;
The commdttee offered the following amendment: By striking the word "immediately and inserting the words "to follow unfinished business of previous session ~ediatel.y after House Bill No.
545.
The amendment was adopted. The resolut1on,as amended,was adopted. The following resolution or the senate was read and referred to the Committee on Rules: . B.Y Senator Lester of the 18th DistrictSenate Resolution No.98. A Resolution establishing as a special and continuing order of business .tor

THURSDAY, MARCH 7, 1935.

1103

today immediatelY following House Resolution No. 12-13A, House Bill No. 2'7~.

The following bills o! the Senate were introduced, read the first ttme and referred to committees~

By Senator Atkinson o! the 1st District-

Senate Bill No. 225. A Bill to amend an Act to

grant to the United States o! Amer1 ca certain un-

granted and reverted lands in Chatham County; and -

!or other purposes.



Committee on State o! Republic.

By Senator GaSkins or the 6th District,Senator Harden or the 47th District,Senator Dickerson o! the 5th District-
Senate Bill No. 226. A Bill to increase the mileage o! the State Aid System,Highway known as the Tifton-Homerville Road;and !or other purposes.

Connnittee on Highways and Public Roads.

By Senator ~llican o! the 35th DistrictSenate Bill No. 227. A Bill to provide !or the
allowance or a discount on the sale and transfer, in blocks or executions issued !or ad valorem taxes in certain counties;and for other putposes.

Committee on General Judiciary No. 2.

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 ot the House to wit:

By Mr. Watkins ot OglethorpeHouse Resolution No. 47-270e. A Resolution au-
thorizing the State Librarian or the State or Georgia to furnish a set of Court o! Appeals Reports

1104

JouRNAL oF THE SENATE,

and a set ot Supreme Court Reports to Oglethorpe County;and tor other purposes.

By Messrs. Parker and Shirah or ColquittHouse Resolution No. 92-474b. A Resolution pro-
posing an amendment to the Constitution authorizing the .Pity ot Moultrie to pass and en:torce zoning laws,and tor other purposes.

By Mr. Gammage ot TerrellHouse Resolution No. 118-588e. A Resolution to
relieve J.M. Varner as surety on the bond ot Belle Blair in the Superior Court ot Terrell County,and tor other purposes.

By Mr. GarJmage ot TerrellHouse Rt3solution No. 119-588!. A Resolution
relieving J .M. Varner as surety on bond ot Charlie Blair,and tor other purposes.

By Mr. Flint ot Spaulding-

House relieve

R~3solution No. J .R. Thomas as

153-684b. surety on

thAeRbeosnodluotitown .Lto.

Coley in the City Court or Grittin.

By Mr. Pound ot Hancock-

House a111 to amend t'he

No. 149. A General. Tax

BAcitllbtyosbtreikeinntgitlrercdmasnuAb-ct

division (a) or Paragraph_ One ot Section Two

thereot,being the provision relating tc the relief

or regist~red tamale voters;and tor other purposes.

By Mr. Zellner ot MonroeHouse Bill No. 217. A Bill to be entitled an Act
to repeal Sect! on 89-704 or the Code or Georgia or 1933,wh1ch requires county otticers to tile quarterlY statements ot tees and compensation with the Comptroller General;and tor other purposes.

By Messrs. Harris o:r Richmond and Cohen o:r Chatha.mHous.e Bill No. 602. A Bill to be entitled an Act
to increase powers and duties ot Temporary Adm1nistrators,pending appointment permanent Administrators and Executors,pending determination or Caveat to Wills,and tor other purposes.

THURSDAY; MARCH 7, 1935.

1105

.
By Messrs. Mitchell or Taliaferro and Sutton or Wilkes-
House Bill No. 612. A Bill to be entitled an Act to allow the United States to acquire forest lands in certain counties and ror other purposes.

By Mr. Campbell or NewtonHouse Bill No. 643. A Bill to be entitled an Act
to regulate the construction and equipment or trucks and busses used,leased,owned or purchased ror the transportation or school Children;and ror other purposes.

By Messrs. Hartsfield,Almand and Ramsey or FultonHouse Bill No. 771. A Bill to be entitled an Act
to amend an Act establishing the Criminal Court or Atlanta so as to reduce and fix the amount or the annual salaries to be paid the Judge,the SolicitorGeneral and the Deputy Solicitor-General or said Court;and ror other purposes.

By Mr. Rivers or LanierHause Resolution No. 124-605c. A Resolution re-
quiring the teachers or the public schools in this state to take an oath or allegiance to the government or this state and or the United States;and ror other purposes

Mr. Beasley or the 2nd District,Chairman or the Committee on Highways and ~~blic Roads,subndtted the r allowing report:

Mr. President:

Your Committee on Highways and Public Roads have had under consideration the following Bills or the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the rolla.ving recommendations:

Senate Bill No. 220,do pass. Senate Bill No. 144,do pass,as amended. Senate Bill No. 127,do pass,as amended. Senate Bill No. 20l,do pass.

1106

jOURNAL OF THE SENATE,

.
Senate Bill No. 205,do pass. House Bill No. 685,do pass. House Bill No. 28,do pass,as- amended.

Respectfully submitted, Beasley of 2nd District, Chairman.

Mr. Larsen Jr. or the 16th District,Chairman or the Committee on Judiciary No. 2, submitted the following report:

Mr. President:

Your Committee on Judiciary No. 2. have had under consideration the following Bills or the Senate and House and have instructed DS as Chairman to report the same back to the senate with the following recommendations:

House Bill No. 85 do pass. Senate Bill. No. 2i4,do pass. Senate Bill No. 153,do pass. Senate Bill No. 176,do pass. Senate Bill No. 193,do pass. Senate Bill No. 133,do pass.

Rewsp.we.ctLfUarlslyensUJrb.moitrte1d6, th District,
Chairman.

Mr. Clark or the 44th District,Chairman of the Committee on Counties and County Ma.tters,subm1tted the following report:

Mr. President:

Your Committee on Counties and County-Matters have. had under consideration the following Bills or the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

THURSDAY, MARCH 7, 1935.

1107

House Bill No. 587,do pass. House Bill No. 586,do not pass. . House Bill No. 714,do pass,as amended.
Respectfully subDdtted, Clark or 44th District, Chairman
Mr. Chappell or the 13th District,Chairman or the C~ttee on Public Library,submitted the folloft1ng report: Mr. President:
Your Committee on Public Library have had under
consideration the following Resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 68-350b,do J8SS. Respe~tfully submitted,
Allen Chappell of 13th District,
Chairman. Mr. Crawford of the 42nd District,Cha.1rman or the Committee on Game and Fish,submitted the following report: Mr. President: Your Committee on Game and Fish have had under consideration the follofting Bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the f olloft1ng recanmendation: Senate Bill No. 50,do pass,by substitute.
RespectfullY submitted, Crawford of 42hd District, Cha1rDBn .

1108

JouRNAL oF THE SENATE,

Mr. Pope or the 15th District,Chairman or the Committee on Penitentiary,submitted the following report:

Mr. President:

Your Committee on Penitentiary have had under consideration the following Bill or the Senate and ba.ve instructed me as Chairman, to report the same back to the Senate w1 th the following recommendation:

Senate Bill No. 187,do pass.

Respectfully submitted, Pope ot the 15th District, Chairman.

Mr. Clark ot the 44th District,Cbalrman ot the Committee on Counties and County Matters,submitted the following report:

Mr. President:

Yotn' Committee on Counties and County Mattera 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 following recommendations:

Senate Bill No. 183,do not pass. House Bill No. 467,do pass.

Respectfully submitted,



Clark or the 44th District,

Cmirman.

Mr. Darden of the 51st District,Chairman of the Committee on State or Republ1c,subm1tted the following report:

Mr. President:

Your Committee on State or Republic have had

THURSDAY, MARCH 7, 1935.

1109

under consideration the following Bill and Resolution of the Senate and House and have instructed me as Chairman,to report the same back to the Senate w1 th the following recommendations:
Senate Bill No. 122,do pass. House Resolution No. 132,do pass.
Respectfully submitted, Allen Darden of 5ls~ District, Chairman.
Mr. Vaughn of the 34th District,Chairman of the Committee on Special Judiciary,submitted the following report: Mr. President:
Your Committee on Special Judiciary have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following reco~ mendat ions :
House Bill No. 715,do pass,as amended. House Bill No. 482,do not pass.
Respectfully submitted, Vaughn of 34th District, Chairman.
Mr. Skelton of the 30th District,Chainnan of the Conmittee on General Judiciary No. l.,submitted the following report: Mr. President:
Your Committee on General Judiciary No. 1 have bad under coP~ideration the following Bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:

1110

JouRNAL OF THE SENATE,

senate Bill No. 22l,do pass.

RespectfullY submitted, J. H. Skelton Br. of 30th Dist. Chairman.

Mr. Rucker of the 50th District,Chair.man of the Comndttee on University of Georgia and Its Branches submitted the following report:

Mr. President:

Your Committee on University of Georgia and Its

Branches Bills of

hthaveeHhoaudseuannddermcvoensiindsetrrautciotendthmee

following as Qh_air..;

man, to report the same back to the Senate Yn.th tlie

following recommendations:

House Bill No. 132,do pass. House Bill No. 238,do pass.

Respectfully submitted, Lamar Rucker,50th District, Chairman.

Mr. Cooper of the 22nd Distr1ct,Chairman of the Committee on MUnicipal Goverment,submitted the following report:

Mr. President:

Your Committee on Municipal Government have had under consideration the following Bills or the House and Senate and have instructed me as Chairman, to r~port the same back to the Senate with
the !ollo.v1ng recommenda.. tions:

House Bill No. 669,do pass. House Bill No. 564,do pass. House Bill No. 567,do pass. House Bill No. 609,do pass. House Bill No. 48,do pass. House Bill No. 533,do pass. House Bill No. 610,do pass.

THURSDAY, MARCH 7, 1935.

1111

House Bill No. 613,do pass. House Bill No. 623,do pass. House Bill No. 700,do pass. House Bill No. 734,do pass. House Bill No. 346,do pass. House Bill No. 345,do J8SS. House Bill No. 737,do pass. House Bill No. 703,do pass. Senate Bill No. 203,do pass. Senate Bill No. 215,do pass.
Respectfully submitted, Cooper of 22nd District, Chairman.
Mr. Edenfield or the 4th District,Chainnan or the Committee on Conservation,submitted the following report: Mr. President:
Your Committee on Conservation nave had under consideration the following Bill or the Senate and bave instructed me as Cb.a.i:rm.an, to report the same back to the Senate with the following recommendation:
Senate Bill No. 106,do pass. Respectfully submitted, H. Edenfield or 4th District, Chairmn.
Mr. Scott of the 7th Distrtct,Vice-Gbairman of the Committee on Rules,submitted the following report: Mr. President:
Your Conmittee on Rules have had under consideration the following Resolution or the Senate and have instructed me as Vice-chairman, to report the same back to the Senate with the following recommendation:

1112

JouRNAL oF THE SENATE,

Senate Resolution No. 98,do pass. Respectful~y submitted, W.F. scott,of 7th District, Vice-chairman.
Senate Resolution No. 98,establi8hing House Bill 271 as a special order of the day,Which was favorably reported by committee,was read and adopted.
The following bills of the House were read the first time and referred to Committees: By Mr. Pound of Hancock-
House Bill No. 149. A Bill to amend the General Tax Act by striking from sub-div1sion(a) of Paragraph 1 of Section 2 thereof,being the provision relating to the relief of registered female votes; and far other purposes.
Committee on Finance. By Mr. Zellner of Monro a-
House Bill No. 217. A Bill to repeal Section 89-704 of the Code of Georgia of 1933,which requires county officers to file quarterly statements of fees and compensation with the CamptrollerGeneral;and for other purposes.
Committee on Finance. By Mr. Brown of Glynn-
House Bill No. 249. A Bill to amend an Act entitled "An Act to change from the fee to the salary system in certain counties in Georgia,approved August 13,1924,bymaking the provisions thereof applicable to all counties having a population of not less than 19,300 nor more than 19,500;and !or other purposes.
Committee on Counties and County Matters. By Mr. Brown of Glynn-
House Bill No. 266. A Bill to amend Sections

THURSDAY, MARCH 7, 1935.

1113

34-1903,34-1904 and 34-1905 o! the Code o! 1933 by providing that said sections Shall not apply to those counties having a population under the census o! 1930,o! not less than 19,300 nor more than 19,50~ and !or other purposes.
Committee on Counties and County Matters. By Mr. Allen o! Baldwin-
House Bill No. 298. A Bill to amend the Banking law as codified in Title 13, o! the Code o! 1933, .
de!ini"1g the term 8 Bank", by excluding therefrom
corporations Chartered by the Superior Courts;and !or other purposes.
Committee on Banks and Banking. By Messrs. Harts!ield,Almand and Ramsey o! Fulton-
House Bill No. 500. A Bill to prortde !or the tilling o! the vacancy in certain county o!!ices in counties having a population o! 200,000 or more; and !or other purposes.
Committee on Counties and County Matters. By Messrs. Harris o! Richmond and Cohen o! Chatba.m-
House Bill No. 602. A Bill ... o increase pooers and duties o! Temporary Administrators pending appointJmnt permanent Administrator and E::;:ecutors, pending deterndnation o! Caveat to Wills;and !or other purposes.
Committee on General Judiciary No. 1. By Messrs. Mitchell o! Taliaferro and Sutton ot Wilkes-
House Bill No. 612. A Bill to allow the United States to acquire forest lands in certain counties.
Committee on State or Republic.
By I1r, Campbell or NewtonHouse Bill No. 643. A Bill to regulate the con-
struction and equipment or trucks and buses used,

1114

JouRNAL oF THE SENATE,

leased,owned or purchased far the transportation of school Children;and tar other purposes.
Committee on Motor Vehicles. By Mr. Watson ot Paulding-
House Bill No. 682. A Bill to prohibit certain persons from buying or selling to certain classified counties anything Whatsoever either directly ar indirectly;and tor other purposes. Committee <n General Judiciary No. 1. By Messrs. Hartstield,Ramsey and Al.nBnd of Fulton-
House Bill No. 767. A Bill to repeal an Act establishing the City Court or Atlanta;and for other purposes.
Committee on Special Judiciary. By Messrs. Hartstield,Ramsey and Almand or Fulton-
House Bill No. 768. A Bill to add an additional Judge to the Superior. Court of the Atlanta Judicial Circuit;and tar oth~r purposes.
Committee on Special Judiciary. By Mesars.Almand,Ramsey and Hartsfield ot Fulton-
House Bill No. 769. A Bill to ammd an Act to establish Juvenile Courts in certain counties by fixing the saJ.ary of the Judge;and tor other purposes.
Committee on Special Judiciary. By Messrs. AlmandL.Ra.msey and Hartsfield of Fulton-
House Bill No. rro. A Bill to amend an Act reducing and !1xing the salary o.t judges o.t city courts 9! this State in certain count1es;and .tor other pUrposes.
Committee an Special Judiciary.

THURSDAY, MARCH 7, 1935.

1115

By Messrs. Hartsfield,Ramsey and Almand of FultonHouse Bill No. 771. A Bill to amend an Act estab-
lishing the Criminal Court of Atlanta so as to fix the annual salaries to be paid the Judges, the Solicitor-General and the Deputy Solicitor-General of said Court;and for other purposes.
Committee on Special JUdiciary. By Messrs. Almand and Ramsey of Fulton-
House Bill No. 772. A Bill to amend an Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said Circuit so as to reduce and fix the salary of the SolicitorGeneral and the Assistant Solicitor-General;and for other purposes.
Committee on Special JUdiciary. By Messrs. Almand,Ramsey and Hartsfield of Fulton-
House Bill No. 773. A Bill to supplement the salaries of the Superior Court Judges of Fulton County as provided in Section 2-4001 of Title 2 of the Code of 1933;and far other purposes.
Committee on Special Judiciary. The following resolutions of the House were read the first time and referred to Committees: By Mr. Watkins of OglethorpeHouse Resolution No. 47-207e. A Resolution authorizing the State Librarian to furnish a set of the Court or Appeals Reports and a set of the Supreme Court Reports to Ogelthorpe County;and for other purposes. Committee on Public Libraries. By Messrs. Parker and Shirah of ColquittHouse Resolution No. 92-474b. A Resolution proposing an amendment to the Constitution authorizing the city of Moultire to pass and enforce zoning

1116

JouRNAL OF THE SENATE,

laws; and !or other purposes.

Committee on Amendments to the Constitution.

By Mr Gammage o! TerrellHouse Resolution No. ll8-588e. A Resolution to
relieve J. M. Varner as surety on the bond or Belle Blair in the Superior Court o! Terrell County; and !or other purposes.

Committee on State or Republic.

By Mr. Gammage o! TerrellHouse Resolution No. 119-588!. A Resolution
relieving J. M. Varner as surety on bond or Charlie Blair;and !or other purposes.

Committee on State or Republic.

By Mr. Rivers o! Lanie-rHouse Resolution No. l24-605c. A Resolution
requiring the teachers in the public sChools or this State to take an oath or allegiance to the Government or this State and or the United States; and !or other purposes.

Committee an Education.

By Mr. Flint or Spaulding-

House Resolution No. 153-684b. A Resolution to

rwe.liLe.veCoJl.eRy_i

Thomas as surety n the City Court

on or

the bond Gri!!in.

or

Committee on state or Republic.

The tollowing.bills or the Senate,ravorably reported by committees,were read the second time:

By Senator Beasley o! the 2nd DistrictSenate Bill No. 133. .A Bill to provide tor the
redemption orreal estate sold under any execution or a court or record or under any deed or trust power or sale in a martgage;and tor other purposes.

THURSDAY, MARCH 7, 1935.

1117

By Senator Thomas of the 33rd DistrictSenate Bill No. 144. A Bill increasing the High-
way Mileage by adding mileage from Lula,Hall Count~ Georgia,through a portion of Hall County,Banks and Franklin County to Highway No. 59;and for other purposes. By Senator Pope of the 15th District-
Senate Bill No. 153. A Bill to amend an Act authorizing the Ordinaries of this State to allow guardians of incompetent veterans to expend guardianship funds for the support of dependent parents; and for other purposes. By Senator Wright of the 38th District-
Senate Bill No. 176. A Bill providing that drivers of motor vehicles under the influence of intoxicating liquors Shall be prohibited from operating such vehicles for a period of twelve months;and for other purposes. By Senator Smith of the 24th District-
Senate Bill ~!o. 187 ~ A Bill to prohibit the use of convicts sentenced tor telonies or misdemeanors in certain counties;and !or other purposes. By Senator Dennis of the 28th D~strict-
Senate Bill No. 193. A Bill to provide for the payment of State,County and School ad valorem taxes in quarterly payments;and for other purposes. By Senator Pope of the 15th District-
Senate Bill No. 201. A Bill to amend an Act known as the Traylor-Neill Bill adding a road beginning on Route 29 in the City of Vidalia and running in a northeasterly direction about four m1les;and for other purposes. By Senator Milhollin of the 46th District-
Senate Bill No. 203. A Bill amending the Charter of the City of Fitzgerald;and for other purposes. By Senator Cannon of the 40th District,Senator Kiker of the 41st District,and Senator Turner of

1118

JouRNAL oF THE SENATE,

the 32nd District' Senate Bill No. 205. A Bill increasing the
mileage of the State Aid Road System in thecount1es of Fannin,Union and Lumpkin;and for other purposes.

By senator Millican of the 35th District- . Senate Bill No. 214. A Bill to amend an Act
Which provides that the punishment in each section amended shall be tor a misdemeanor f~r the sale, etc. of obscene literature;and for other purposes.

By Senator Millican of the 35th DistrictSenate Bill No. 215. A Bill to amend an Act
establishing a new Charter tor the City of Atlanta and tor other purposes.

By Senator Scott or the 7th DistrictSenate Bill No. 220. A Bill to increase the
State Aid Road System by adding highway known as the Pavo-Ho.merv1lle Road;and tor other purposes.

By Senator Johnson ot ~~e 31st District and
Senator Skelton or the 30th DistrictSenate Bill No. 221. A Bill to abolish the tee
system in the Superior Court or the Northern JudiQial Circuit as applied to the ortice or Sol1citor-General;and tor other purposes.

The following bills o! the House,favorable reported by Committees,were read the second t~e:

By Mrs. Coxon or Long-

House Bill No. 28. A Bill requiring all horse

or mule drawn vehicles or other vehicles propelled

by muscular pcrtver used on public roads at night

to be e~1pped with lights or reflectors;and for

other purposes.



By Mr. Moye of BrooksHouse Bill No. 48. A Bill to amend an Act con-
solidating and superseding the several acts incorporating the City or Quitman;and for other purpose&

THURSDAy' MARCH 7' 1935.

1119

By Messrs. Willingham,Grirrin and Anderson or FloydHouse Bill No. 85. A Bill to amend Section 27-
704,Chapter 27-7 ("Criminal Procedure"),or the Cod.s or Georgia or 1933;to provide that the judges or the Superior Court may open their courts at any ttme without the presence or either grand jury or traverse jury to receive an act upon pleas or guilty in misdemeanor cases and in felony cases;and !or other purposes. By Messrs. Terrell,Davis,and Groover o! Troup-
House Bill No. 132. A Bill to authorize the Board or Regents to dispose or real and personal property;and !or other purposes. By Mr. Whaley o! Telfair-
House Bill No. 238. A Bill to provide tor investment or University System funds in State bonds; and tor other purposes. By Messrs. Harts!ield,Almand,and R&-nsey o! Fulton-
House Bill No. 345. A Bill to amend an Act establishing a new Charter for the City or Atlanta; and !or other purposes. By Messrs. Harts!ield,Almand,and Ramsey or Fulton-
House Bill No. 346. A Bill to amend an Act establishing a new Charter !or the Cit~ or Atlanta by abolishing the otrice or Warden and creating Director or Reliet;and tor other purposes. By Mr. Gavin or Clay-
House Bill No. 467. A Bill to abolish the orr1ce ot County Treasurer o! Clay County;and !or other
p.urposes
By Messrs. Lanier,Harris and Barrett o:r RichmondHouse Bill No. 533. A Bill to amend an Act cre-
ating the Municipal Court oJ~ Augusta so as to ex-
tend its jurisdiction;and tor other purposes. By Mr. Ross ot Dodge-
House Bill No. 564. A Bill to amend an Act creating a new charter !or the city or Eastman;and tor other purposes.

1120

JouRNAL oF THE SENATE,

By Mr. Ross of DodgeHouse Bill No. 567. A Bill to amend an Act cre-
ating a new charter for the City of Eastman,by providing that all candidates for office shall be qualified voters of said City;and for other purposes.

By Mr. Culpepper or EcholaHouse Bill No. 587. A Bill to require that Cam-
missioners of Road and Revenues of Echols County be required to give bond,and for other purposes.

By Mr. Henderson o:r IrwinHouse Bill No. 609. A Bill to amend an Act
incorporating the City cf Ocilla in Irwin County; and for other purposes.

By Mr. Caswell of LibertyHouse Bill No. 610. A Bill to create a new char-
ter for the City of Hinesville in the County o:r Liberty;and for other purposes.

By Messrs. Harts:r1eld,Almand and Ramsey of FultonHouse Bill No. 613. A Bill to amend an Act in-
corporating union City;and :ror other purposes.

By Messrs. Sartain and Leonard o:r WalkerHouse Bill No. 623. A Bill to amend the original
charter of the City o:r Rossville in Walker County; and for other purposes.

By Messrs. Harris,Lanier and Barrett o:r RichmondHouse Bill No. 669. A Bill to amend an Act as
amended creating a Board of Civil Service- co~ missioners for the City o! Augusta;~~d :ror other purposes.

By Mr. Campbell or Newton-

-House Bill No. 685. A Bill to designate the

Covington-to-Porterdale State Highway in Newton

County as the Oliver S. Porter Memorial Road;and

for other purposes.



By Mr. Gnarm o:r EffinghamHouse Bill No. 700. A Bill to provide that the

THURSDAy' MARCH 7, 1935.

1121

Mayor and Aldermen of Springfield may close and co~ vey that portion ot Cleveland Street between Oak and Maple Street;and tor other purposes. By Mr. Ray of Appling-
House Bill No. 703. A Bill to amend an Act aPproved August 21, 1911,creating and establishing a Charter and incorporating the City ot Baxley;and tor other purposes. By Messrs. Perry and Houston ot Worth-
House Bill No. 715. A Bill to amend the Act entitled an Act to establish a City Court ot Sylvester and to define its jurisdiction and powers; and for other p~oses. By Mr. Rawlins of Ben Hill-
House Bill No. 734. A Bill to amend an Act incorporating the City of Fitzgerald,by increasing the number of members of the Board ot Education; and tor other purposes. By Mr. Townsend of Dade- -
House Bill No. 737. A Bill to amend,codity,consolidate and establish a new charter tor the town ot Trenton in the 9ounty Of Dade;and for other purposes.
The !~llowlng resolutions ot the House,tavorably reported by Cammittees,were read the second ttme: By Messrs. Lanier,Harris and Barrett or Richmond-
House Resolution No. 132. A Resolution urging the President or the United States to include the Savanriah River in his gigantic program of internal development;and tor other purposes. :ey Mr. Whaley or Telfair. House Resolution No. 68-350b. A Resolution authorizing the State Librarian to furnish certain sets of the Reports of the Appeals Court to the Clerk of the Superior Court of Telfair County;and for other purposes.

1122

JouRNAL oF THE SENATE,

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

By Messrs. Bloodworth,Bowden and Freeman of BibbHouse Bill No. 480. A Bill to be entitled an Act
to amend the Act approved August 16,1913,creating a Municipal Court of the City of Macon;~~d for other purposes.

The report of the co.mmittee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

tne

bill

the

ayes

were

31,

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

By Mr. Henderson of Irwin-

House Bill No. 523. A Bill to be entitled an Act

to abolish the offices of Tax Receiver and Tax

Co of

lIlrewcitno r~1 aonudntyc;r aenadt e f

th or

e

of oth

fic er

e p

of urp

Tax oses

Commissioner .

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

30,

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

By Mr. Ross of DodgeHouse Bill No. 565. A Bill to be entitled an Act
to provide that all scrip or warrants relating to any and all expense in connection with Superior Court or Dodge County;the City Court or Eastman, shall be drawn by the Clerk or the Superior Court; and tor other purposes.

The report or the committee,wh1ch was favorable to the passage of the bill,was agreed to.

THURSDAY, MARCH 7, 1935.

1123

On the passage of the bill the ayes were 29,nays
o.

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

By Mr. Marshall of MaconHouse Bill No. 660. A Bill to be entitled an Act
to fix the amount of the bond of the sheriff of Macon 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 30,
nays o.

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

By Mr. Gardner of CandlerHouse Bill No. 684. A Bill to be entitled an Act
to amend an Act entitled An Act to consolidate the offices of Tax Receiver and Tax Collector and to create the office of County Tax Commissioner in the County of Candler";and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Mr. Zellner of MonroeHouse Bill No. 697. A Bill to ba entitled an Act
to amend an Act to abolish the offices of Tax Collector and Tax Receiver 1n and ror the County or Monroe,and to create in their stead a County Tax Co.mm1ss1oner;and for other purposes.
The report of the committee,which was favorable to the passage of the bill,was agreed to.

1124

JouRNAL OF THE SENATE,

On the passage of the bill the ayes were 30,
nays o.

The bill having received the requisite Conetitutional majority,was passed.

By Mr. Bland of StewartHouse Bill No. 698. A Bill to be entitled an Act
to fix the amount of bond of the Sheriff of Stewart County;and for other purposes.

The report or the cormnittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 31,
nays o.

The bi~.l having received the requisite Constitutional w jority,was passed.

By Mr. Swindle of BerrienHouse Bill No. 706. A Bill to be entitled an Act
to amend an Act amendatory of an Act creating the board of Commissioners of Berrien County,so as to lengthen the term of office of such Commissioners from two to four years,when elected;and for other purposes.

The report of the committee,which was favorable to the pP.ssage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Messrs. Perry and Houston of WorthHouse Bill No. 713. A Bill to be entitled an Act
to repeal the Act approved March lst,l933,Georg1a Laws,l933,wh1ch consolidated the offices of Tax Receiver and Tax Collector of Worth County,and created the office of County Tax Commissioner thereby abolishing and discontinuing the offices of Tax Receiver and Tax Collector;and ror other purposes~

THURSDAY, MARCH 7, 1935.

1125

The report or ~he committee,Which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 30,nays
o.

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

By Messrs. Perry and Houston or WorthHouse Bill No. 714. A Bill to amend the Act en-
titled "An Act to create and establish a Board or Commissioners or Roads and Revenues ot Worth County"; and tor other purposes.

The Committee orrered the following amendment tor House Bill No. 714;

. By striking out the second paragraph or sub-section "A" to Section 5 or said Bill and inserting in lieu thereof a new paragraph to be known as the Second Paragraph or sub-section "A" to Section 5, to read as follows:

"That no member or said Board shall be engaged as an employee or the County in any manner or capacity other than in his capacity as a Commissioner,nor shall he receive directly or indirectly any salary whatever,other than as is herein providedA!or services rendered as a member or said Board.

The committee amendment was adopted.

The report or the connnittee,which was favorable to the passage or the bill,as amended,was agreed to.

On were

2th9e,npayasssaog.e

or

the

bill,as

amended,the

ayes

The bill,as amended,having received the requ1s1te Constitutional majority,was passed.

By Mr. Edwards o! StephensHouse Bill No. 726. A Bill to be entitled an Act

1126

. JouRNAL oF THE SENATE,

to reduce the bond or the Sheriff or Stephens county,trom $lo,ooo.oc to $3,ooo.oo;and tor other purposes.
The report or the committee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 30, nays o.
The bill having received the requisiteconstitutional majority,was passed.
The following general bills or the Senate with local application were read third time and put upon their passage: By Senator McLeod of the 9th District-
Senate Bill No. 127. A Bill to be entitled an Act to amend an Act approved August 20,1929 designating the highway mileage by adding additional mileage trom Elmodel through Milford to Arlington, Georgia;and tor other purposes.
The committee offered an amendment which WaS
adopted. The report or the committee,which was favorable
to the passage or the bill,a& amended,was agreed to.
on the passage or the bill,as amended,the ayes were 26,nays o.
The b1ll,as amended,having received the requisite Constitutional majority,was passed. By Senator Atkinson of the 1st District-
Senate Bill No. 196. A Bill to be entitled an Act to alter,rev1se and amend the several Acts relating to and incorporating the Mayor and Aldermen ot the City ot Savannah,Ga.;and tor other purposes.

THURSDAY, MARCH 7, 1935.

ll27

The report or the camm1ttee,which was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

ot

the

bill

the

ayes

were

30,

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

The following General Bills or the House,wtth local application,were read the third time and put upon their passage:

By Mr. Teasley or CherokeeHouse Bill No. 504. A Bill to be entitled an Act
to amend Section 95-802 or 1933 Code,so as to exempt certain persons in certain counties tram payment ot commutation tax;and tor other purposes.

The report or the comm1ttee,which was ravorable to the passage ot the bill,was agreed to.

On the passage ot the bill the ayes were 34, nays o.

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

By Mr. Teasley or Cherokee-

House Bill No. 589~ A Bill. to be entitled an Act

to provide tor the payment,by counties in this

State having a population,according to the Census

ot 1930,or not-less than 19.950 nor more than

C20o1u1r5t0s

ot actual cost incurred in the Superior tor the trial and conviction ot misdemeanor

convicts worked by said counties upon the public

roads or same.

The report or the comm1ttee,which was favorable to the passage o~ the bill,was agreed to.

on
nays

toh. e

passage

or

the

bill

the

ayes

were

34,

1128

JouRNAL OF THE SENATE,

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

By Mr. Teasley of CherokeeHouse Bill No. 590. A Bill to be entitled an Act
to provide for the payment of a salary in lieu of tees to sheriffs in certain counties in this State; and for other purposes.

The report of the comm1ttee,which was favorable to the passage ot the bill,was agreed to.

On nays,

oth.e

passage

of

the

bill

the

ayes

were

32,

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

Under the head of unfinished business,the following bill of the House was taken up for consideration:

By Messrs. Almand and Hartsfield of Fulton,and Terrell of Troup-
House Bill No. 116. A Bill to be entitled an Act to authorize the courts ot record in this State to render a Declaratory judgement and to provide the procedure therefor,and tor other purposes.

Senator Evans of the 29th renewed his mot" on t'J table the bill and the motion was lost.

Senator Jones of the 17th renewed his motion tor the previous question and the motion prevailed.

The main question was ordered.

The report of the committee,wh1ch was favorable to the passage of thebill,was agreed to.

On the passage of the bill,Senator Evans of the 29th District called tor the ayes and nays and the call was sustained.

THURSDAY, MARCH 7, 1935.

1129

The roll was called the vote was as follows:

Those voting in the affirmative were Senators:

Atkinson Beasley Clark Cooper Duncan Goodwin Harden Hart

Holt Johnston o:r the 39th Jones Larsen Lester McGinty McWhorter

Millican
Ragan
Rawlins Scott Skelton Smith Vaughn

Those voting in the negative were Senators:

Cannon Carrington Crawford Dennis Dickerson Edenfield
Evans Gary

Gaskins Johnson of the 31st Kiker King Kirkland McGehee

Milhollin Rucker Simnons Strickland Thomas Turner wright

The roll call was verified.

The ayes were 22,nays 21.

The bill having tailed to receive the requisite Constitutional majority,was lost.

Not voting were: Senators Almon o:r the 37th District,Chappell o:r the 13th District,Darden o:r the 51st District,Lancaster of the lOth District,McLeod of the 9th District and Pope of the 15th District.

Senator Jones of the 17th District gave notice that at the proper time he would move that the Senate reconsider its action in defeating House Bill No 116.

Having been set as a special order of the day the following bill ot the House was read third time and put upon its passage:

1130

JouRNAL oF THE SENATE,

By Mr. Settle or ButtsHouse Bill No. 545. A Bill to be entitled an Act
to repeal Section 86-50l,Code or Georgia or 1933, by fixing the duties of the Adjutant General and limiting his compensation and allowances;and pro~ vidlng for bond,and for other purposes.
Senator Atkinson or the 1st District offered an amendment which he later withdrew.
Senator Lester or the 18th District moved the previous question and the motion prevailed.
The main question was ordered. The report or the committee,which was favorable to the passage or the bill,was agreed to. On the passage orthe bill the ayes were 34, nays 2. The bill having received the requisite Constitutional majority,was passed. 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 or the House to wit: By Hr. Spivey or Emanuel- House Bill No. 16. A Bill to be entitled an Act to provide for the appointment or special officers upon the request or the president or resident executive officer or any compan1,or corporation operating and doing business in this State as a common carrier,and for other purposes. By Messrs. Parr of Taylor and Johnston of UpsonHouse Bill No. 363. A Bill to be entitled an Act to amend an Act approved March 1,1933,providing tor

THURSDAY, MARCH 7, 1935.

1131

the issuance of certificates of indebtedness by the Highway Department to the counties of a certain population of this State,and for other purposes.

By Messrs. Sutton of Wilkes,Arnall of Coweta,Sabados

ot Dougherty,and others-

.

House Bill No. 595. A Bill to be entitled an Act

to regulate collection and commercial agencies,and

for other purposes.

By Messrs. Bennett of Ware ,Arnall of Coweta and Spivey of Emanuel and others-
House Bill No. 491. A Bill to be entitled an Act to amend an Act entitled "Powers of Sale in Deeds of Trust,Mortgages,and other instruments must be strictlycons~rued and fairly exercised: being Section 4620 of the Civil Code of Georgia of 1910 and Section 37-607 of the Code of Georgia of 1933, and for other purposes.

By Messrs, Grayson of Chatham,Culpepper of Fayette, Lanier and Harris of Richmond~
Hou~e B111 No. 449. A Bill to be entitled an Act to amend Section 95-2102 Chapter 95-21 of Title 95 of Code of Georgia,l933,providing State Treasurer set apart monthly and hold sufficient funds to pay the Highway Department refunding certificates,and tor other purposes.

By Mr. Whaley of Telfair-

.

House Bill No. 808. A Bill to be entitled an Act

to amend an Act creating the office of Commissioner

of Roads and Revenues ot Telfair County,so as to

provide a four year term for the Commissioner,and

tor other purposes.

By Mr. Booth of BarrowHouse Bill No. 803. A Bill to be entitled an Act
to repeal An Act approved August 24,1933,wh1ch abolished. the office of County Treasurer of Barrow County;to provide for the election of a County Treasurer,to fix the salary of said Treasurer and provide for his taking off1ce,and for other purposes.

1132

JouRNAL oF THE SENATE,

By Mr. Johnston ot UpsonHouse Bill No. 755. A Bill to be entitled an Act
to provide for the election of and fix the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of Upson County;and for other purposes.

By Mr. Sartain of WalkerHouse Bill No. 131. A Bill to be entitled an Aet
to provide for the accumulation and preservation by counties of historical matter,other than legal matter;to require the ordinary to receive and preserve such historical matter,and for other purposes.

By Messrs. Bennett of Ware,Arnall of Coweta,Spivey.

of Emanuel and othersHouse Bill No. 494. A Bill to be entitled an Act
to provide that prescription shall not run against

the owner or holder of a mortgage{or other instrument creating a lien on ur convey ng an interest 1n real or personal property as security for debts

in favor of a person who has actual or constructive notice of such instrument;and for other pur-

poses.



..
By Messrs. Arnall of Coweta,and Spivey of Emanuel-

House Bill No. 676. A Bill to be entitled an Act

to impose and fix a license of One Thousand Dollars on each person collecting rents or fees on copy-

righted music,or radio programs,in each County or

Georgia,and for other purposes.



By Mr. Teasley or Cherokee-
House Bill No. 763. A Bill to be entitled an Act to fix the amount or bond of the Sheriff of Cherokee County,and tor other purposes.

By Mr. Terrell and Mr. West or HallHouse Bill No. 812. A Bill to be entitled an Act
to repeal an Act to create a board of Commissioners of roads and revenues,in Hall county,and for other purposes,as shown by Georgia Laws,l886 p. 265, approved December 23, 1886.and to repeal all amendments thereto.

THURSDAY, MARCH 7, 1935.

1133

By Messrs. Edwards and Coleman of LowndesHouse Bill No. 761. A Bill to be entitled an Act
to amend Section 95-802 of the 1933 Code and adding thereto a provision exempting the citizens of Lowndes County from the provisions of said Section,and for other purposes. By Mr. Rivers or Lanier-
Hnuse Bill No. 512. A Bill to be entitled an Act to provide tree basal texts to the pupils in the public schools of the State or Georgla,and tor other purposes. By Messrs. Rivers or Lanier and Parker of Colquitt-
House Bill No. 511. A Bill to be entitled an Act to provide tor a school year of seven months duration,and tor other purposes. By Mr. Oden of Pierce-
House Bill No. 758. A Bill to be entitled an Act to repeal an Act entitled an Act to allow the qualified voters residing in Blackshear to vote tor the county school SUper1ntendent,and for other purposes. By Mr. Booth of Barrow-
House Bill No. 802. A Bill to be entitled an Act to reduce the b~nd required or the sheriff nr Barrow County from the sum or Ten Thousand($10,000) Dollars to the sum or Five Thousand ($5,000) Dollars; and tor other purposes. By Messrs. Bennett ot Ware,Arnall or Coweta and Spivey or Emanuel and others-
House Bill No. 493. A Bill to be entitled ari Act to provide that any person dischargeQ from Milledgeville State Hospital shall after said date be prtma facie presumed to be or sound mind,and tor other purposes. By Mr. Thompson or Muscogee-
House Bill No. 77. A B111 to be entitled an Act to amend Chapter 26-16 or the Code or Georgia or 1933,wh1ch defines the offense or kidhapp!ng,etc., and tor other purposes.

1-134

JouRNAL oF THE SENATE,

By Mr. Gnann of EffinghamHouse Bill No. 484. A Bill to be entitled an A6t
to amend the Neill-Traylor Highway Map,so as to add to said map a road beginning at Old Ebenezer Church in Effingham County,ahd tor other purposes. By Messrs. Bennett ot Ware,Harris of Richmond and others-
House Bill No. 492. A Bill to be entitled an Act to provide that the finding or judgment ot a court ot competent jurisdiction in a proceeding to test the sanity and mental capacity of a person shall, on date of rendition,be conclusive of sanity and mental capacity,and tor other purposes. By Messrs. Parker and Shirah of Colquitt-
House Bill No. 638. A Bill to be entitled an Act to repeal Section 695 (uu-23) volume 1 of the Code ot Georgia;enumerating the persons subject to road duty in Georgia,as amended by the Act approved August 15th,l922,relating to road taxes in certain counties from the provisions thereot;and tor other purposes. By Mr. Hooks ot Glascock-
House Bill No. 391. A Bill to be entitled an Act to amend Section 92-802 ot the Code ot Georgia of 1933,no person shall be subject to road duty or requireQ to pay any commutation taxin counties having a population ot not less than 4375 and not more than 4395,and tor other purposes. By Messrs. Parker and Shirah or Colquitt-
House Resolution JITo. 71-372-b. A Resolution requiring the State Librarian to furnish certain law books to Colquitt County,and tor other purposes. By Messrs. Welsch and Manning of Cobb-
House Resolution No. 105-508-b. A Resolution authorizing and directing the State Librarian to furnish to the Ordinary's Office ot Cobb County, Georgia,certain missing law books,and ror other purposes.

THURSDAY, MARCH 7, 1935.

1135

By Messrs. Bloodworth,Freeman,Bowden of Bibb,and Jackson of Blackley.
House Resolution No. 17d-763-b. A Resolution designating part of State Route No. 42 part of 87 and part of 27 as the Eugene Talmadge Highway.

By Mr. Peebles of Bartow-

.

House Resolution No. 152-684-a. A Resolution to

authorize the State Librarian to furnish certain

law reports to the Ordinary of Bartow County.

By Mr. Claxton of Johnson-

House Resolution No. 143-639-a. A resolution

directing the State Librarian to furnish the Clerk

and Ordinary of Johnson County with certain Volumes

of the Court of Appeals and Supreme Court Reports,

and for other purposes.



By Mr. Parks of GilmerHouse Resolution No. 172-763-d. A resolution
authorizing and directing the State Librarian to furnish without cost to the Ordinary and Clerk of Gilmer County certain missing volumes of the Supreme Court and Court of Appeals Reports,and for other purposes.

By Mr. Hampton of FanninHouse Resolution No. 107-539-a. A Resolution
authorizing and directing the State Librarian to furnish to the Ordinary and Clerk of the Superior Court of Fannin County,Georgia,certain missing volumes of the Supreme Court Reports,and Court of Appeals Reports,and for other purp.oses.

By Mr. Williams of JonesHouse Resolution No. 31-197-a. A Resolution
providing for the refund of $157.50 to the Bank of Gray,Gray,Georgia,on account of peach stamps purchased under the Act of 1927 regulating the grading and marking of peaches and apples.

By Mr. Jones of LUmpkin-
House Bill No. 573. A Bill to be entitled an Act to approp~iate to the Regents of the University

1136

JouRNAl- or THE SENATE,

System o! Georgia,out o! unappropriated funds $l,OOO,OOO;to be used !or erecting necessary structures,and !or other purposes. By Hessrs Terrell and West o! Hall: House Bill No. 813. A Bill to be entitled an Act to create a Board o! Commissioners o! Roads and Revenues,to name the persons who shall compose this Board and define their powers and duties o! this Board;and !or other purposes.
The following resolution o! the Senate was read and adopted: By Senator vaughn o! the 34th District-
Senate Resolution No. 99. A Resolution instructing the Rules Committee to !1x a calendar o! Senate Bills !or the afternoon session today.
The following resolution o! the Senate was read and referred to the Committee on RUles: By Senator Vaughn o! the 34th District-
Senate Resolution No. 100. A Resolution setting as a special order !or the afternoon session certain uncontested bills o! the Senate.
Having been set as a special order,the following resolution ot the House was taken up tor consideration: By Messrs. Rivers o! Lanier,Lanier,Harris and Barrett o! Richmond-
House Resolution No. 12-13A. A Resolution proposing to the qualified voters o! Georgia an amendment to the Constitution o! the State of Georgia, exempting from all ad valorem taxation,except special assessments and taxation tor any existing
b$o5n,odoedo.o1ondienbtveadlnuees,sa,nadhofomresotethadernpout repxocseeesd. ing
Senator Larsen o! the 16th District and Senator Chappell o! the 13th District offered an amendment to the substitute by Senator Pope of the 15th District to the original resolution.

T-HURSDAY, MARCH 7, 1935.

1137

senator Pope of the 15th District moved that the Senate remain in session until the pending resolution was disposed of.
The motion prevailed.
The Senate adjourned at 3:31 P.M.,on a motion of Senator Larsen or the 16th District which prevailed, Senator Dennis of the 28th District having just yielded the floor.
The following privileged resolutions were read and adopted: By Senator Chappell of the 13th District-
A Resolution extending the privileges of ~1e floor to Mrs. Schley Thompson and Miss Matherson both ot Fulton County. By Senator Duncan of the 23rd District-
A Resolution extending the privileges of the floor to Rev. and Mrs. J.A.Ruffin of Perry,Georgia. By Senator Evans of the 29th District-
A Resolution extending the privileges of the floor to Mrs. Allen Chappell,wife of the Senator ot the 13th District. By Senator Kiker of the 41st District and Senator Vaughn of the 34th District-
A Resolution extending the privileges or the floor to Hon. Wade Allen,!ormer Senator of the 41st District.
Senator Evans of the 29th District was granted a leave of absence.
The President announced that the Senate stood adjourned until tomorrow morning at 10 otclock.

1138

JouRNAL OF THE SENATE,

Senate Chamber,Atlanta,Georgia. Friday,March 8,1935.
The Senate met,pursuant to adjournment,at 10 o'clock A.M. this day and was called to order by the President.
Prayer was ottered by the Chaplain. Senator Smith or the 24th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted. Senator Hart or the 36th District,Chairman or the Committee on Journals,reported that he had examined the Journal or yesterday's proceedings and round it to be correct. Senator Pope or the 15th District asked unantmous consent that the reading or the Journal be dispensed witn and consent was granted. Senator McLeod or the 9th District moved that the Senate reconsider its action in passing Senate Bill No.127. The motion prevailed. Senator Lester or the 18th District moved that the Senate reconsider its action in defeating House Bill No.ll6. The motion prevailed. The Journal was contirmed. Senator Scott ot the 7th District asked unan~ous consent that the following be established as the order or business tor today,tollow1ng the first part or the period or unanimous consents: 1. Introduction or new matter under the rules. 2. Unfinished business or the previous session.

FRIDAy' MARCH 8, 1935. .

1139

3. Special orders,to be followed by putting on their passage general Senate and House bills ready tor third reading.
The consent was granted. Mr.Scott ot the 7th District,Vice-Chairman ot the Rules Committee,asked unanimous consent that the torenoon sessions or the Senate convene for the balance of this session at 9 otclock each morning. The consent was granted. Senator Scott of the 7th District,as Vice-Chairman o! the Rules Cammittee,requested that the Senate remain 1n session tomorrow !or the purpose or passing uncontested local bills,etc. Senator Lester o! the 18th District asked unanimous consent that the Senate meet at 10 o'clock Monday instead of 9 o'clock as previously set by the Rules Committee. The consent was granted. The following Resolution or the Senate was read: By Senator Atkinson of the 1st DistrictSenate Resolution No.lOl. A Resolution ltmiting the debate in the future to 30 minutes to each speaker on all matters except on points or personal privilege on which debate will be limited to 10 minutes to each speaker. Senator Lester of the 18th District moved the previous question and the motion prevailed.
The main question was ordered.
On the passage o! the Resolution the ayes were 29, nays 3.
The r.~solution was therefore adopted.

1140

JouRNAL oF THE SEN~TE,

Senator Larsen or the 16th District arose to a point of personal privilege and addressed the Senate.
Senator McGehee or the 25th District aSked unanimous consent that House Bill No. 482 be re-committed to the Committee on Counties and County Matters 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 requisite Constitutional majority the following Bills and Resolutions or the Senate to wit: By senator Millican of the 35th District-
Senate Bill No. 79,by substitute. A Bill to be entitled an Act to provide tor confirmation or sales under foreclosure proceedings on real estate, to limit and abate deficiency judgments in suits and foreclosure proceedings on debts secured by mortgages,security deeds,and tor other purposes. BY Senator Chappell or the 13th District-
senate Resolution No. 28. A Resolution to instruct the Highway Department to pave certain roads;and tor other purposes.
BY Senator Crawford of the 42nd District-
Senate Bill No. 34,by substitute,as amended. A Bill to be entitled an Act to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts of this State; and tor other purposes.

FRIDAY, MARCH 8, 1935.

1141

By Senators Simmons ot the 8th and Gary ot the 12th Districts-
Senate Bill No. 61, by substitute. A Bill to be entitled an Act to establiSh and detine the GeorgiaFlorida Military H1ghway,to provide tor the identification thereot;and for other purposes. By Senator Rawlins ot the 45th District-
Senate Resolution No. 69. A Resolution providing for the payment or the premiums or the bonds of the tax collector and sheriff ot Telfair County;and tor other purposes. By Senator Larsen of the 16th District-
Senate Bill No. 147,as amended. A Bill to provide a salary for the Solicitor-General ot the Dublin Judicial Circuit;and for other purposes. By Senator Cooper ot the 22nd District-
Senate Bill No. 169,as amended. A Bill to be entitled an Act to establiSh the City Court or Macon in and tor Bibb County;to define its jurisdiction and powers;and provide tor the appointment ot a judge;and tor other purposes.
Under the head of unfinished business,the following Resolution of the House was taken up tor consideration: By Messrs. Rivers of Lanier,Lanier,Harris and Barrett ot Richmond-
House Resolution No. 12-13A. A Resolution proposing to the qualified voters of Georgia,an amendment to the Constitution ot the State or Georgia, exempting tram all ad valorem taxation,except special assessments and taxation tor any existing bonded indebtedness,a homestead not exceeding $5000.00 in value,and for other purposes.
Senator Millican ot the 35th District ottered an amendment to the original Resolution.

1142

JouRNAL oF THE SENATE,

Senator Rawlins or the 45th District moved that the Senate defer turther action.on House Resolution No. 12-13A and all .other tax exemption measures.

The motion prevailed.

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

By Messrs. Spivey or Emanuel,Harris,La.nier and Barrett or Richmond-
House Bill No. 271. A Bill to be entitled an Act to provide for the acceptance or an Act or the Congress or the United States1providing for the establishment of a National ~ployment System to designate a State agency vested with all powers necessary to cooperate,and tor other purposes.

The report or the committee,which was favorable to the passage or the Bill,was agreed to.

On nays

oth.e

passage

or

the

Bill

the

ayes

were

30,

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

The following communication from His Excellency, the Governor,received on yesterday,was read:

March 7, 1935. TO THE GENERAL ASSEMBLY OF GEORGIA:

I am returning herewith House B~ll No. 520 which I have vetoed for the reason that,in the opinion or the Attorney-General to whom the Bill was submitted tor consideration,it is unconstitutional.

FRIDAY, MARCH 8, 1935.

1143

Section 39 or this Bill provides that the City or Blue Ridge may levy a tax for current expenses or $1.00 on each $100.00,wbich is 10 mills. The general law provides that no city can levy for current expenses more than 5 mills.

Mr. Hampton,author of this bill,concurs in my action in vetoing this bill and proposes to introduce another bill limiting the amount or taxes that may be levied !or general purposes by the City or Blue Ridge to 5 mills.

Attached hereto is a copy or the opinion rendered

by the Attorney General on this bill,which opinion

is made a part or this message.



Respectfully,

Eugene Talmadge,

Governor.

March 6, 1935.

Hon. Eugene Talmadge Governor State Capitol Atlanta,Georgia Dear Governor Talmadge:
Re: House Bill No. 520 This Bill enacts a new charter for the City or Blue Ridge. Section 39 or the Bill empowers the Mayor and Council to levy a tax or not exceeding $1.00 on the $100 on the value or taxable property for the support and maintenance ot the government o! the City o! Blue Ridge,and an additional tax to pay the principal and interest o! any bonded indebtedness.

1144

JoURNAL OF THE SENATE,

Section 92-4101 or the Code or Georgia or 1933 provides that no municipal corporation shall levy or collect tor the ordinary current expenses or the municipality any ad valorem taxes exceeding one half of one per cent. upon the value of such property. It is provided by Section 92-4102 of the Code of Georgia of 1933 that the term ordinary current expenses shall include all current expenses except expenditures for education,for paving or macadamizing streets and tor the principal and interest on the public debt.
The proposed Bill by Section 39 permits the levy or a tax of one per cent. on the value of the proPerty in the municipal corporation without any reference to the purpose for which the levy is made,for the support and maintenance of the city government. This Section is in contradiction or Section 92-4101 or the Code of Georgia of 1933 and relates to a subject matter upon which there is already an existing provision of general law.

I am therefore of the opinion that Section 39
of this Act is violative or Article !,Section IV,
Paragraph I of the Constitution of Georgia. Yours very truly, M.J. Yeomans, Attorney-General.
The following Resolution of the Senate was read and adopted:
By Senator Redwine ~f the 26th District and Senator Vaughn of the 34th District-
Senate Resolution No. 103. RESOLUTION
WHEREAB,the General Assembly of Georgia in 1836 granted a charter to Wesleyan College,and by such

FRIDAy' MARCH 8, 1935.

1145

act created and put into being the first college in the world authorized by a sovereign power to grant university degrees to women, tran which act untold good has resulted to mankind of this state and nation.

AND WHEREAB,this session of the Legislature is the lOOth anniversary session performing this noble Act and deed_;and

WHEREAS,during the 100 years which have elapsed since that memorial session of 1836 the small flame of enlightenment of this institution has became a beacon light to America.

THEREFORE BE IT RESOLVED,by the Senate of Georgia, that Wesleyan college be and is hereby felicitated and congratulated upon its 100 years ot service to the people ot the state and nation. That it is the fondest and most sincere wish or this body that irrespective of the wonderful service rendered in the past by this great institution,that the future may see tor it continued and ever increasing benefits# serviee,the performance or acts or enlightenment and edueational,moral and religious good.

BE IT FURTHER RESOLVED,tbat these resolutions be spread upon the Journal of this body and tbat copy be furnished to Dr. A.nderson,President.

The following Bills of the Senate were taken up

tor consideration:

.

BY Senator Edenfield or the 4th District-
Senate Bill No. 49._ A Bill to be entitled an Act to regulate the seining,netting or trapping 'of tisn, to make unlawtul. the' possession ot seines traps or nets,to regulate t18h1ng in fresh water streams ot this State;and tor other purposes.

1146

JouRNAL oF THE SENATE,

The following amendment by Senator Vaughn o:r the 34th District was adopted on February 7, 1935:

Moves to amend Senate Bill No. 49 by adding to last section the following:

"Nothing in this Bill shall apply to,or refer to

Rockdale County,or tmpair the special Act o:r the

General Assembly permitting the citizens o:r Rock-

dale County to seine during the months o:r July and

August o:r each year."



The following committee amendments to Senate Bill No. 49 were adopted on February 7, 1935:
The Committee on Game and Fish amends Senate Bill No. 49 as follows:
1. By striking :rram the caption thereo:r,the words "and salt",and inserting in the caption in the third line and a:rter the word "streams", the following, lakes and ponds",so that when caption is amended it will read as follows:
"An Act to regulate the seining,netting or trapping o:r !ish and make unlawful the possession o:r seines,traps or nets,to regulate fishing in :rresh water streams,lakes and ponds o:r this State,to provide the time when !ish may be taken :rrom the streams,lakes and ponds o:r this State,to prescribe penalties !or a violation o:r this Act,and :ror other purposes."
2. BJ striking trom Section 1 ot said Bill the words the trash and salt water streams ot the
State, and substituting therefor the tollowing:
"The fresh water streams,ponds or lakes ot this
State,"so that when said section is amended. it shall read as follows:

FRIDAy, MARCH 8, 1935.

1147

section 1. Be it enacted by the General Assembly

of the State of Georgia and it is hereby enacted

by the authority or the same,that from and after

the passage of this Act,it shall be unlawtul for

any person,tirm or corporation to sell,orrer for

sale,manu:tacture or have in possession except upon

the written consent of the State Commissioner of

Game and Fish,and subject to all conditions and

limitations imposed by him,and seine,net,trap or

other similar device tor the purpose o:r taking

!i~h :tram the fresh water streams,ponds,or lakes of

this State."

.

3. BY striking rram the third line or Section 2, the words "streams and inserting in lieu thereof the words :rresh waters", so that when section is amended it will read as follows:

"Section 2. Be it further enacted by the authority atoresaid,that except :tor the netting or shad, it shall be unlawful to take from the fresh waters ot this State any fish by any means or method Whatsoever except by hook and line and with the use ot natural or artificial bait,and any seine,net, trap or other device tor the purpose o:r taking or catching fish tram said streams,shall be subject to seizure and confiscation and destruction by any game warden or by the Commissioner or any other person by his authority."

4. By adding in the last line or the third Sectlon~betore the words "waters"the word "tresh",so as to mke the Section refer to "tresh waters or the State", so that When section is amended it will read as follow s
section 3. Be it further enacted by the authority aroresaid,that it shall be unlawful any time within five years from the passage and approval or this Act tor any person in this State to sell or o:rrer tor sale any bream,suntish,bass or all species trout or all species,p1ke or all species and musk- ' ellunge o:r all spec1es,caught or taken tram the fresh waters o:r this State." .

1148

JouRNAL OF THE SENATE,

5. By adding in the third line of Section 4, before the words lakes and streams the words :rresh water, so that When section is amended it will read as follows:

section 4. Be it turther enacted by the authority aforesaid that it shall be unlawful for any person to take in any one day from any o:r the fresh water lakes or streams of this State a greater number o:r fish than that tabulated as follows:

Bream or perch of all species-----------25

Bass Pike

of of

all all

ssppeecciieess------------------------------------1250

Trout of all species--------------------20

and it shall be unlawful for any person to take in the aggregate a total of more than twenty-five of all of such fish in any one day,and no person shall have in his possession more than fifty of such fish at any one time.

The report of the camm1ttee,which was favorable to the passage of the blll,as amended,was agreed to.

On the passage of the blll,as amended,the ayes

were 28, nays 2.



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

BySSenenataetoBr iEldl eNnof.iesldo.

o:r the 4 A Bill

th Districtto be entitled

an

Act

to regulate and prohibit hunting or deer or other

game animals at night,to prohibit the use or lights

for hunting at night,~o prescribe penalties there-

:ror;and !or other purposes .

The committee offered the following substitute for Senate Bill No. 50:

FRIDAy. MARCH 8, 1935.

1149

A BILL To be entitled an Act to regulate and prohibit hunting or deer or other game animals at n1ght,to prohibit the use of lights tor hunting at night, to prescribe penalties theretor,and tor other purposes.
SECTION 1. Be it enacted by the General Assembly ot the State of Georgia,and it 1s hereby enacted by the authority or the same,that it shall be unlawful tor any person to hunt at night with any gun,any deer or other wild game or wild animal whatsoever.
SECTION 2. Be it further enacted by the authority aforesaid that any person who shall be round hunting within this State,any wild an~al other. than opossum,coon,tox,bob-cat other preditory animals, with the use or aid or any tla8hl1ght,headl1ght, or any other type or 11ght,or any person assisting, aiding or participating in such hunting shall be guilty or a misdemeanor,and upon conviction shall be punished as such.
SECTION 3. Be 1t further enacted by the author!ty aforesaid that any person found hunting at night on enclosed or posted lands without permission of the owner or in a locality Where deer range,with Pxy light and with a gun shall be presumed to be ~:~~Y ot a violation or this Act,and evidence of ~e possession o! such instruments shall be prima facie evidence or guilt,but this presumption may be rebutted by the defendant.
SECTION 4. For the purpose of this Act 8 n1ght" shall be construed to be that period between one hour after sundown and one hour before sunrise.
SECTION 5. Be it further enacted by the authority aforesaid that any person violating the provisions or thisAct shall be guilty or a m1sdemeanor,and upon conviction or the Court may in addition to other punishment order a confiscation or the gun,

1150

JouRNAL oF THE SENATE,

light or other equipment. used by any such convicted person in violation o:tthis Act.
SECTION 6. Be it further enacted that all laws and parts laws in conflict w1th this Act be and the same are hereby repealed.

The committee substitute was adopted.

The report o:r the committee,which was favorable

to the passage o:r the bill,by substitute,was .

agreed to.



On the passage o:r the bill,by substitute,the

ayes were 28,nays 2.

-



The bill,by substitute,having received the requisite Constitutional majority,was passed.

By Senator Edenfield o:r the 4th DistrictSenate Bill No. 51. A Bill to be entitled an Act
to regulate and prohibit the storage o:r game,birds, animals,deer,w1ld turkey,squirrel,rabbit,and all other game antmals,to provide penalties :tor violation o:r this Act,and !or other purposes.

s~nator Rawlins o:r the 45th District o:r:rered the following amendment:

By adding another Section as follows:

section 3. Be it enacted :rurther that all laws

and parts o:r laws in con:tlict herewith are here~y

repealed.

,

--. :".
The committee o:r:rered the following amendments:
'"('">I.'
By amending the caption and Section 1 thereof-

FRIDAY, MARCH 8, 1935.

1151

That the Caption by-adding the word

ogfamSeenabtee

Bil fore

l t

No. 51 be amended he word 8 birds8

in line two;and by addi~ the words wild duck be-

tween the words turkey" and squirrel in line two

of said Caption,so as to read as amended,as follow~

A BILL

To be entitled an Act to regulate and prohibit

the storage turkey,w1ld

dofucgkam,seq,guaimrreelb,riardbsb,iatn,atmndal8s idieoert,hwe1r ld

game antmals,to provide penalties tor violation of

this Act,and for other purposes."

That Section 1 of Senate Bill No. 51 be amended by inserting between the words game birds and "or deer in line six of said Section the word ~animals" ;and by inserting between the words wild ducks" and "unless" in line six of said section
athseamwQenrddsed"sshqaulilrrreela,drabasbitto1lsoowtsh: at said Section

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 it shall be unlawfUl for any person,tirm or corporation, operating a grocery store,hotelimarket,cold storage house,or any other public p ace designed to receive for storage or to store any game,game birds, antmals,or deer,w1ld turkey,wild duck,squ!rrel, rabbit unless the person offering to store such described game shall first exhibit his hunters license,together with written permission tram the Commissioner of Game and Fish to store said game, Which perndt shall be kept b.Y the person,tirm or corporation accepting such game tor storage, and shall be exhibited to the Commissioner of Game and Fish,or any warden of the Commissioner of Game and Fish.

Both the amendment by Senator Rawlins of the 45th District and the amendments by the cammtttee were adopted.

The report ot the camn1ttee,which was favorable to the passage ot the bill,as amended,wae agreed to.

1152

JouRNAL oF THE SENATE,

On the passage or the bill,as amended,the ayes were 30, nays 3.
The bill,as amended,having received the requisite Constitutional majority,was passed.
The President left the Chair and Senator Millican or the 35th District presided. By Senator Edenfield of the 4th District-
Senate Bill No. 52. A Bill to be entitled an Act to prescribe a closed season tor the hunting or deer,turkey and grouse,or any type or pheasant within the Counties or this State;and !or other purposes.
Senator McGinty or the 43rd District orrered the !ollowir1g substitute:
A BILL To be entitled an Act to give the Commissioner or Game and Fish the power to close any county or counties to hunting or killing or deer,to provide penalties,and !or other purposes. SECTION 1. Be it enacted by the General Assembly or the State or Georgia,and it is hereby enacted by the authority or the same,that after the passage of this Act the Commissioner of Game and Fish shall have the authority to close any county or counties in the State to the hunting and killing of any deer, tor a period or fran one to three years when c01mty or counties are being restocked with deer,and When deer are released in any county or counties,as many or the surrounding counties may be closed to the hunting and killing or deer as he may deem necessary for the protection or the deer so liberated. Provided that notice shall be posted on the bulletin board at Court House,and notice shall be published in the newspaper or greatest circulation !or !our weeks before closing or county or counties setting forth the date or closing and the length or time to be closed.

FRIDAV, MARCH 8, 1935.

1153

SECTION 2. Be it enacted by the authority aforesaid that any person hunting or killing any deer in any county or counties closed to hunting or killing deer shall be guilty o! a ~sdameanor.

SECTION 3. Be it enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act,are,and are hereby repealed.

Senator McGinty of the 43rd District offered the following amendment to the substitute !or Senate Bill No. 52:

By including in Section 1 after the word "circulation" the words "in said county.

The amendment to the substitute waa adopted.

The substitute,as amended,was adopted.

The report or the committee,Which was favorable

to the passage of the bill,by substitute as amended,

was agreed to.



On the passage of mended,the ayes were

th2e9,nbaiylls,boy.

substitute

as

a-

The bill{by substitute as amended,having received the reouis te Constitutional majori~y,was passed.

Senator Pope of the 15th District asked unanimous consent that Senate Resolution No. 50 be re-co~ m1tted to the Comm.lttee on Amendme:ats to the Constitution.

The consent was granted.

By Senator Edenfield of the 4th DistrictSenate Bill No. 53. A Bill to be entitled an Act
to authorize the Commissioner of Game and Fish to contract with the United States Government tor the control,pol1c1ng,patroling,regu1ating and stocking o! Federal forest lands o! the State of Georgia with game,birds,and !ish;and !or other purposes.

1154

JouRNAL oF THE SENATE,

The committee offered the following amendment to Senate Bill No. 53:

By striking out Section 1 1n its entirety and substituting the following section to be known as Section 1:

"Section 1. Be it enacted by-the General Assembly of-the State or Georgia,and 1t 1s hereby enacted by authority of the same,that from and after passage of this Act,the State Commissioner of Game and Fish shall have. the right and author!ty to enter into a cooperative agreement with the United States Government,or with the proper authorities thereof, for the protection and management or the wild life resources of the National Forest lands within the State of Georgia and for the restocking or the same with desirable species of game,b1rds,and other antmals,and fish."

The committee amendment was adopted.

The report of the committee,which was fevorable to the passage of the b1ll,as amended,was agreed to.

On the passage or the bill,as amended,the ayes were 26, nays 0.

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

Senator Millican of the 35th District left the Chair,and Senator Lester or the 18th District presided.

By Senator Rucker of the 50th District-

Senate Bill No. 64. A Bill to reduce the 31%

$in30t0er.oeostfraolmlow31e%d

under the per month

Small Loan Act,up to to a maximum of 1% of

month.

Senators Millican of the 27th Distric

of the t Smith

3o5r tthheDi2s4trth1cDt1csatrrri1cntgatondn

Rucker of the 50th District offered the following

FRIDAY, MARCH 8, 1935.

1155

substitute for Senate Bill No. 64:

An Act to amend an Act to regulate and restrict the rate ot interest on small loans ot $300.00 or less trom 31% per month to li% per month,and tor other purposes.

An act to amend an Act entitled to License and

Regulate the business ot maklng loans in sums ot

THREE HUNDRED DOLLARS or less,secured or unsecured,

at a greater -rate ot interest than EIGHT (8%) PER

CENT PER ANNUM. Prescribing the rate,and the sum

not to exceed 3i% per month and prescribing penal-

Atiuegsustto1r7v, io19la30tiosna1detAcm.,enwdmhiecnht

Act \YoaS approved being to reduce the

rate of interest prescribed by this Act tram the

sum not to exceed 3i per cent per month to a sum

not to exceed li% per month,and tor other purposes.

SECTION 1. Be it enacted by the General Assembly

ot Georgia,and it is hereby enacted by authority ot

same,that section ulatlng loans not

13 in

of the excess

aobtov$3e00re.ocoitebde

Act,regand the

same is hereby amended by striking tram said section

13 ot said Act the words THREE AND ONE HALF in the

5th line of said section 13 and inserting in lieu

thereof the words ONE AND ONE HALF and By striking

the figures 3i in the 6th line ot said section 13

ot this Act aforesaid, when amended,shall read as

follows:

section 13. Every person,co-partnership or corporation,llcensed hereunder may loan any sum ot money not exceeding in amount the sum ot $300 and may charge,contract tor and receive interest at the rate not to exceed li% per month. Interest shall not be payable in advance or compounded and shall be computed on unpaid balances. In addition to the interest herein provided tor,no turther or other chargas,or amounts whatsoever tor any examination, services,brokerage commission or other thing,or otherwise,shall be directly or indirectly charged, contracted tor or received; except the lawfUl tees, if any,actually and necessarily paid out by the

1156

JouRNAL oF THE SENATE,

licensee to any public officer on instrument securing the loan,which fees may be collected when the loan is made or at any time thereafter.

SECTION 2. If any interest or charges in excess ot those permitted by this Act shall be charged, contracted tor or received,the contract or loan shall be null and void and the licensee shall have no right to collect or receive any principal,interest or cbarge whatsoever. No person shall owe any plircienncsipeaeL1 a.s such at any time more than $300 for

SECTION 3: Be it further enacted that all laws and parts or laws in conflict with this Act be and the same are hereby repealed.

Senator Scott or the 7th District moved the previous question on Senate Bill No. 64 and the substitute thereto and the motion prevailed.

The substitute was adopted.

The report or the commdttee,which was favorable to the passage of the bill,by substitute~was agreed to.

On the passage or the bill,by substitute,Senator Rucker of the 50th District callad for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting Atkinson

inGtahrey

affirmative

LweerseteSr enators:

Cannon Carrington

Goodwin Hart

McGehee McGinty

Chappell

Holt

McLeod

Clark

JohnSon of the McWhorter

Cooper

31st

Millican

Crawford

Jones

Pope

Dennis Dickerson

Kiker King

Ragan Rawlins

Duncan Edenfield

Kirkland Larsen

Rucker scott

FRIDAY, MARCH 8, 1935.

1157

Simmons Skelton Smith

Strickland Thomas

Vaughn
Wright

By unan~ous consent the verification or the roll call was dispensed with.

The ayes we~e 39, nays o.

The bill,by substitute,having received the requisite Constitutional majority,was passed.

Not voting were: Senators Almon or the 37th District,Beasley ot the 2nd District,Darden or the 51st District,Evans or the 29th District Gaskins or the 6th District Harden or the 47th District,Johnston ot the 39th District,Lancaster or the lOth District, Milhollin o! the 46th District and Turner or the 32nd District.

Senator Millican or the 35th District asked unanimous consent that Senate Bill No. 64 be tmmediately transmitted to the House an1 consent was granted.

Senator Millican ot the 35th District moved that rurtherconsideration o! Senate Bill No. 80 be indefinitely postponed and the motion prevailed.

Senator Rawlins or the 45th District asked unanimous consent that action on Senate Resolution No. 83 be deterred.
The consent was granted.

By Senator Edenfield o! the 4th DistrictSenate Bill No. 106. A Bill to be entitled an Act
to amend Title 43 (Forestry snd Geology),Chapter 43-2 (Forestry and State Farester),o! the Code or Georgia or 1933, by adding a new Section authorizing the State Commission o! Forestry and Geological Develo~ment to establish State parks;and tor other purpl>ses.

The report or the comm1ttee,wh1ch was favorable
to the passage ot the b1ll,was agreed to.

1158

JouRNAL oF THE SENATE,

On the passage or the bill the ayes were 29,
nays o.
The bill having received the requisite Constitutional majority,was passed.
senator Scott or the 7th District asked unanimous consent that Senate Bill No. 122 be re-committed to the Committee on State or the Republic and consent was granted. By Senator Millican or the 35th District and Senator Carrington or the 27th District-
Senate Bill No. 145. A Bill to be entitled an Act to create and establish by the Stat~ a factory to produce such supplies used by the State and its political sub-divisions and the institutions thereor as may be successfully manufactured by the blind and persons or sub-standard vision;and tor other purposes.
The committee offered the following amendment to Senate Bill No. 145:
By striking trom the caption ot said bill the words and to provide tor the appropriation ot $10,000.00 or so much thereof as may be necessary tor the establishment and maintenance or such tactory and to strike tram said bill Section 7.
The committee amendment was adopted. The report ot the comm1ttee,which was favorable to the passage ot the bill,as amended,was agreed to. On the passage ot the bill,as amended,the ayes were 26, nays 4. The bill{as amended,hav1ng received the requisite Const tut1onal major1ty,was passed. Senator scott or the 7th District aSked unanimous consent that Senate Bill No. 221 be taken up

FRIDAY, MARCH 8, 1935.

1159

tor consideration at this time and consent was granted. By Senator Johnson of the 31st District and Senator Skelton of the 30th District-
Senate Bill No. 221. A Bill to be entitled an Act to abolish the fee system now existing in the Superior Courts or the Northern Judicial Circuit, as applied to the office or Solicitor-General thereof,and to provide for the disposition of all fees; and for other purposes.
The report of the committee,which was favorable to the passage or the bill,was agreed to.
on the. passage or the bill the ayes were 30, nays o.
The bill having received the requisite Constitutional majority,was passed.
Senator Sbmmons of the 8th District aSked unanimous consent that Senate Bill No. 133 be deferred on account of the absence of the author and consent was granted.
Senator Goodwin of the 20th District asked unanimous consent that Senate Bill No. 152 be deferred on account of the absence of the author and consent was granted.
Senator McGehee of the 25th District moved that the Senate adjourn.
The motion was lost. Senator Carrington of the 27th District asked unanimous consent that Senate Bill No. 145 be immediately transmitted to the House and consent was granted. Senator Jones or the 17th District moved that when the Senate adjourns today that it stand adjourned until 10 otclock Monday,next .

1160

JouRNAL oF THE SENATE,

The motion was lost.

Senator Scott of the 7th District asked unanimous consent__ that further consideration of -Senate Bill No. 156 be deferred and consent was granted.

Senator Rucker of the 50th District moved that Senate Bill No. 162 be tabled and the motion prevailed.

Senator Chappell of the 13th District moved ~hat further action on Senate Bill No. 167 be deferred and the motion prevailed.

senator Smith of the 24th District moved that todays session be extended until certain orders of business are transacted.

The motion prevailed.

Mr. Clarke of the 44th District Chairman of the Committee on Counties and County Matters submitted the following report:

Mr. President:

Your Committee on Counties and Coun~y 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 following recommendations:



House Bill No. 105, do pass. Senate Bill No. 216, do pass. House Bill No. 475, do pass. House Bill No. 500, do pass.

Respectfully submitted, Clark of 44th District, Chairman.

Mr. Simmons of the 8th Distr1ct,Cha1rman of the Committee on Finance,subm1tted the following report:

FRIDAy, MARCH 8, 1935.

1161

Mr. President:

Your Committee on Finance have had under consideration the following Bills of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendations:

House House

Bill Bill

No. No.

17301,

do do

pass,as.amended. pass.

House Bill No. 3921 do pass.

Respectfully submitted, Simmons of 8th District, Chairman.

Mr. King of the 11th District,Chairman of the
Committee on Education,submitted the following report:

Mr. President:

Your Committee on Education have had under consideration the following Bills of the Senate and House and have instructed me as Chair.man,to report the same back to the Senate with the following recommendations:

House Bill No. 754, do pass. Senate Bill No. 86, do pass. senate Bill No. 35, do not pass.

Respectfully submitted, E.RJKing of 11th District, Chairman.

Mr. Skelton of the 30th District,Vice-chairman or the Committee on State of Republic,submitted the following report:

Mr. President:

Your Committee on State or Republic have had under consideration the following bill of the Senate and have instructed me as Vice-chair.man,to

1162

JouRNAL oF THE SENATE,

report the same back to the Senate with the following recommendation:
Senate Bill No. 225, do pass. Respectfully submitted, J.H. Skelton o! 30th District, Vice-chairman.
The following bills o! the House were read the first time and referred to committees: By Mr. Spivey o! Emanuel-
House Bill No. 16. A Bill to provide !or the appointment o! special officers upon the request o! the President or resident executive o!!icer o! any campany;and !or other purposes.
Committee on General Judiciary No. 1. By Mr. Thompson or Muscogee-
House Bill No. 77. A Bill to amend the Code o! Georgia o! 1933 which defines the o!!ehse o! kidnapping;and !o~ other purposes.
Committee on General Judiciar) No. 1. By Mr. Sartain o! Walker-
House Bill No. 131. A Bill to provide !or the accumulation and preservation by counties o! historical matter,other than legal matter;and !or other purposes.
Committee on Special Judiciary. By Messrs. Parr o! Taylor and Johnston or Upson-
House B:f.ll No. 363. A Bill amending an Act providing tor the issuance ot certificates ot indebtedness by the highway department to certain counties; and tor other purposes.
Committee on Highways and Public Roads.

FRIDAY, MARCH 8, 1935.

1163

By Mr. Hooks of Glascock- House Bill No. 391. A Bill to amend an Act pro-
viding that no person shall be subject to road duty or pay any commutation tax in certain counties;and for other purposes.
Committee on Counties and County Matters. By Mr. Grayson ot Chatham,Culpepper of. Fayette, Lanier and Harris or Richmond-
House Bill No. 449. A Bill to amend an Act proViding that the State Treasurer set apart monthly sufficient funds to pay the Highway Department refunding certificates;and for other purposes.
Comndttee on Appropriations. By Mr. Gnann or Effingham-
House Bill No. 484. A Bill to amend the TraylorNeil Highway Map adding a road beginning at old Ebenezer Church in Effingham County;and tor other purposes.
Committee on Highways and Public Roads. By Messrs. Bennett or Ware ,Arnall of Coweta and Spivey of Emanuel and others-
House Bill No. 491. A Bill to amend an Act entitled "Powers of Sale in Deeds of Trust,Mortgages, and other instruments"; and tor others purposes.
Committee on General Judiciary No. 2. By Messrs. Bennett ot Ware,Harris of Richmond,and others-
House Bill No. 492. A Bill to provide that the finding or judgement or a court or competent jurisdiction in a proceeding to test the sanity and mental capacity or a person shall,on date or rend1t1on,be conclusive or sanity and mental capacity; and tor other purposes.
Committee on General Judiciary No. 2.

1164

JouRNAL oF THE SENATE,

By Messrs. Bennett o:r Ware,Arnall o:r Coweta,and Spivey o:r Emanuel-
House Bill No."493. A Bill to provide that any person discharged !rom Milledgeville State Hospital shall a:rter said date be prima :racie presumed to be o:r sound mind;and :ror other purposes.
Committee on General Judiciary No. 2. By Messrs. Bennett o:r Ware,Arnall o:r Coweta,and Spivey o:r Emanuel-
House Bill No. 494. A Bill to provide that prescriptions shall not run against the owner or holder o:r a mortgage or other instruments creating a lien on or conveying an interest in real or personal property as security :ror debts;and :ror other purposes.
Camm1ttee on General Judiciary No. 1. By Messrs. Rivers o:r Lanier and Parker o:r Colquitt-
House Bill No. 511. A Bill to provide :ror a school year o:r seven months duration;and tor other purposes.
Committee on Education. By Mr. Rivers o:r La.nier-
House Bill No. 512. A Bill to provide tree basal text to the pupils in the public schools in the State ot Georgia;and :ror other purposes.
Camm1ttee on Education. By Mr. Jones ot Lumpkin-
House Bill No. 573. A Bill to appropriate to the Regents of the University system of Georgia,out ot the unappropriated funds $l,OOO,OOO;and for other purposes.
Committee on Appropriations. By Messrs. Sutton o:r Wilkes,Ar.nall o:r Coweta,Sabados ot Dougherty,and others-
House Bill No. 595. A Bil~ to regulate collection

FRIDAy"' MARCH 8, 1935.

1165

and commercial agency; and tor other purposes. Committee on Finance~
By Messrs. Parker and Shirah or ColquittHouse Bill No. 638. A Bill to repeal certain
sections or the Code or Georgia enumerating the persons subject to road duty;and tor other purposes.
Committee on General Judiciary No. 1. By Messrs .Arnall or Coweta and Spivey or Emanuel-
House Bill No. 676. A Bill to tmpose a license or one thousand dollars on persons collecting rents on copyrighted music;and tor other purposes.
Committee on Finance. By Mr. Johnston o:r Upson-
House Bill No. 755. A Bill to provide :tor the election o:r and :t1x the compensation o:r the chairman or the Board or Commissioners or Roads and Revenues or Upson Cotmty; and :tor other purposes.
Committee on Counties and County Matters.
By Mr. Oden o:r Pierce-
House Bill No. 758. A Bill to repeal an Act to allow the qualiried voters in Blackshear to vote :tor the County School Superintendent;and tor other purposeso
Committee on Education. By Messrs. Edwards and Coleman o:r Lowndes-
House Bill No. 761. A Bill to amend certain sections or the Code or 1933 and adding thereto a provision exempting the citizens o:r Lowndes County tram the provisions or said section; and :tor other purposes.
Committee on General Judiciary No. 2. By Mr. Teasley o:r Cherokee-
House Bill No. 763. A Bill to fix the amount ot

1166

JouRNAL or THE SENATE,

bond or the sheriff or Cherokee County;and tor other purposes.
Committee on Counties and County Matters. By Mr. Booth or Barrow-
House Bill No. 802. A Bill to reduce the bond of the sheriff of Barrow County tram $10,000 to $5,000; and for other purposes.
Committee on Counties and County Matters. By Mr. Booth of Barrow-
House Bill No. 803. A Bill to repeal an Act establishing the office or County Treasurer or Barrow County;and tor other purposes.
Committee on Counties and County Matters. By Mr. Whaley or Telfair-
House Bill No. 808. A Bill to amend an Act creating the o!tice or Commissioner or Roads and Revenues of Telfair County;and tor other purposes.
Committee on Counties and County Matters. By Messrs. Terrell and west or Hall-
House Bill No. 812. A Bill to repeal an Act to create a Board or Commissioners of Roads and Revnues in Hall County; and tor other purposes.
Committee on Counties and County Matters. By Messrs. Terrell and West or Hall-
House: Bill No. 813. A Bill to create a Board ot Commdssioners ot Roads and Revenues or Hall County,to name the persons who shall compose this board;and tor other purposes.
Committee on Counties and County Matters. The following Resolutions or the House were read the first time and rererred to committees:

FRIDAy' MARCH 8, 1935.

1167

By Mr. Williams or JonesHouse Resolution No. 31-197a. A Resolution to re-
fund $157.50 to the Bank or Gray, Gray,Georgia on account or peach stamps purchased;and tor other purposes.
Committee on Appropriations. By Messrs. Parker and Shirah or Colquitt-
House Resolution No. 71-372b. A Resolution to furnish certain law books to Colquitt County;and tor other purposes.
Committee on Public Library. By Messrs. Welsch and Manning or Cobb-
House Resolution No. 105-508b. A Resolution directing the State Librarian to furnish to the Ordinary or Cobb County certain missing law books; and:ror other purposes.
Committee on Public Library. By Mr. Hampton or Fannin-
House Resolution No. 107-539a. A Resolution directing the State Librarian to turnish the Ordinary and Clerk of the Superior Court of Fannin County certain missing volumes or the Supreme Court reports and Court or Appeals reports;and tor other purposes.
Committee on Public Library. By Mr. Claxton or Johnson-
House Resolution No. 143-639a. A Resolution directing the State Librarian to turn!sh the Clerk and Ordinary or Johnson County with certain volumes or the Court or Appeals and Supreme Court reports; and tor other purposes.
Committee on Public Library. By Mr. Peebles or Bartow-
House Resolution No. 152-684a. A Resolution authorizing the State Librarian to furnish certain

1168

JouRNAL OF THE SENATE,

law reports to the Ordinary or Bartow County;and tor other purposes.
Committee on Public Library. By Messrs. Bloodworth,Freeman,Bowden or Bibb and Jackson of Bleckley-
House Resolution No. 170-763b. A Resolution designating part of state route No. 42, part or 87 and part of 27 as the Eugene Talmadge Highway.
COhlmittee on Highways and Public Roads. By Mr. Parks or Gilmer-
House Resolution No. 172-763d. A Resolution authorizing the State Librarian to furnish without cost to the Ordinary and Clerk or Gilmer County certain missing volumes or reports;and tor other purposes.
Committee on Public Library. The following Bills or the House,ravorably reported by comm1ttees,were read the second ttme: By Messrs. Lanier,Harris and Barrett of Richmond and Dobbins of MorganHouse Bill No. 13. A Bill to tix a license tax on chain stores or truckS operating as retail peddlers;and tor other purposes. By Messrs. Hartstield,Almand and Ramsey or FultonHouse Bill No. 70. A Bill to amend the general tax act providing a lower tax on dealers,distributors or solicitors,automobile and truck not including wh)lesale dealers;and tor other purposes. By Messrs. Bloodworth,Bowden and Freeman or BibbHouse Bill No. 105. A Bill to repeal an Act which provides the ttme at which primary elections tor nomination tor county officers shall be held in certain counties;and tor other purposes.

.FRIDAY, MARCH 8, 1935.

1169

By Mr. Preston o:r WaltonHouse Bill No. 392. A Bill providing :ror excise
tax on all oleomargarine containing any rat;and tor other purposes. By Mr. McCracken or Jefferson-
House Bill No. 475. A Bill to amend an Act changing the Board or Roads and Revenues o:r Jet:rerson County so as to consist or three men instead o:r one;and :ror other purposes. By Messrs. Hartstield,Almand and Ramsey or Fulton-
House Bill No. 500. A Bill to provide tor the tilling or the vacancy in certain county offices in certain counties;and :ror ether purposes. By Messrs. Terrell and West or Hall-
House Bill No. 754. A Bill to amend an Act establishing the Lula SChool District;and tor other purposes.
The following Bills o:r the Senate,:ravorably reported by committees, were read the second time: By Senator Rawlins o:r the 45th District-
Senate Bill No. 86. A Bill making the County School Suparintendent the Treasurer or the school districts in each county or the state. By senator Skelton or the 30th District-
Senate Bill No. 216. A Bill to repeal an Act creating a Board or Commissioners of Roads and Revenues :ror the county or Hart;and :ror other purposes. By Senator Atkinson o:r the 1st District-
Senate Bill No. 225. A Bill to amend an Aet to grant to the United States o:r America certain ungranted lands in Chatham County.
The following bills o:r the House were read the third ttme and put upon their passage:

1170

JouRNAL oF THE SENATE,

By Mr. Moye of BrooksHouse Bill No. 48. A Bill to amend the Act in-
corporating the City of Quitman;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

the
o.

passage

of

the

bill

the

ayes

were

27,

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

By Messrs. Hartsfield,Ramsey and Almand of FultonHouse Bill No. 345. A Bill to be entitled an Act
to amend an Act establishing a new Charter for the City of Atlanta;and for other purposes.

The report of the camm1ttee,which was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

28,

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

By Messrs. Hartsfield,Ramsey and Almand of FultonHouse Bill No. 346. A Bill to be entitled an
Act to amend an Act establishing a new Charter for the City of Atlanta by abolishing the office of Warden and creating the Director of Relief;and for other purposes.

- The report of the committee,wh1ch was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

FRIDAY, MARCH 8, 1935.

1171

By Mr. Gavin of ClayHouse Bill No. 467. A Bill to abolish the office .
of County Treasury of Clay County; and for other purposes.
The report of the Cammittee,which was favorable to the passage of the bill,was agreed to.

on nays

the
o.

passage

of

the

bill

the

ayes

were

27,

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

By Mr. Ross of DodgeHouse Bill No. 564. A Bill to amend an Act cre-
ating a new Charter for the City of Eastman;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

28,

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

By Mr. Ross of DodgeHouse Bill No. 567. A Bill amending the Charter
of the City of Eastman,providing that all candidates for office shall be qualified voters or said c1ty;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 29, nays o.

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

By Mr. Culpepper of EcholaHouse Bill No. 587. A Bill to require that the

1172

JouRNAL OF THE SENATE,

Commissioner ot Roads and Revenues or Echols County be required to give bond;and tor other purposes.

The report or the coRmdttee,which was favorable to the passage or the bill,was agreed to.

On the passage of the bill the ayes were 29,
nays o.

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

By Mr. Henderson of IrwinHouse Bill No. 609. A Bill to amend the Act in-
corporating the City of Ocilla;and tor other purposes.

The report of the cammittee,whi~h was favorable to the passage or the bill,was agreed to.
on the passage or the bill the ayes were 27,
nays o.

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

By Mr. Caswell of LibertyHouse Bill No. 610. A Bill to create a new
Charter ror the City or H1nesville;and ror other purposes.

The report or the comm1ttee,which was favorable to the passage or the b1ll,was agreed to.

on
nays

oth.e

passage

or

the

bill

the

ayes

were

29,

The bill having received the requisite Constitutional major1ty,was passed.

By Messrs. Hartst1eld,Almand and Ramsey or FultonHouse B1llNo. 613. A Bill amending the Act
incorporating the City ot Union C1ty;and for other purposes.

FRIDAY, MARCH 8, 1935.

11'73

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 29,
nays o.

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

By Messrs. Sartain and Leonard of WalkerHouse Bill No. 623. A Bill to be entitled an Act
to amend the original Charter of the City of Rossville;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Messrs. HarrisrLanier and Barrett of RichmondHouse Bill No. o69. A Bill to be entitled an
Act to amend an Act as amended creating a Board of Civil Service Commissioners for the City ot Augusta;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

28 1

The bill having received the requisite Constitu-

tional majority,was passed.

.

By Mr. Gnann of Effingham-

.

House Bill No. 700. A Bill to provide that the

Mayor and Aldermen of Springfield may close and

convey that portion or Cleveland Street between

Oak and Maple Streets;and for other purposes.

1174

JouRNAL OF THE SENATE,

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

o.On the passage of the bill the ayes were 29,nays

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

By Mr. Ray of ApplingHouse Bill No. ~03. A Bill to be entitled an Act
to amend an Act approved August 21, 19ll,creating and establishing a Charter and incorporating the City of Baxley;and for other purposes.

The report of the committee,which was favorable to the pe.ssage of the b1ll,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

The bill having received the requisite Constitutional major1ty,was passed.

By Messrs. Perry and Houston of WorthHoase Bill No. 715. A Bill amending the Act
establishing the City Court in the City of Sylvester;and for other purposes.

The Committee offered the following amendment to House Bill No. 715:

Amend Section 4 of said bill by striking out the words 0 $115.00 per monthn and substituting in lieu thereof the words n$100.00 per month so that said Section 4 of said Act,as amended,shall read as follows:

nsection 4. That Section 6 or said amending Act and Section 9 as enacted therein be and each of same is hereby repealed and striken and the following Sect1on;to be known and designated as Section 9 ot said original Act,is hereby enacted and substituted in lieu thereof,to-wit:

FRIDAy, MARCH 8, 1935.

1175

Section 9: Be it further enacted by the authority aforesaid that the Solicitor or the said City Court of Sylvester shall receive a salary of $100.00 per month,due and payable on the first day or each calendar month,out of the Treasury of Worth County by the person or persons charged by law with the paying out or the money of said County;said salary to be his full campensation;except such fees as he receives !rom the State tor services rendered in the Court of Appeals in criminal cases appealed fran said City Court.n

The committee amendment was adopted.

The report of the comm1ttee,wh1ch was favorable to the passage or the bill,as amended,was agreed to.

On were

the
26,

npaaysssagoe.

of

the

b1ll,as

amended,the

ayes

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

By Mr. Rawlins or Ben HillHouse Bill No. 734. A Bill to amend the Act
incorporating the City of Fitzgerald,by increasing the number or members or the Board or Education; and !or other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

28 1

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

By Mr. Townsend o:r Dade-
House Bill No. 737. A Bill to be entitled an Act to amend,codity,consolidate and establish a new Charter !or the town ot Trenton;and for other purposes.

1176

JouRNAL or THE SENATE,

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 28,
nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs. Lanier,Harris,an~Barrett ot Richmond-
House Bill No. 533. A Bill to be entitled an Act to amend an Act creating the MUnicipal Court ot the City or Augusta so as to extend its jurisdiction,and tor other purposes.
Senator Lester or the 18th District ottered the following substitute tor House Bill No. 533:
A BILL SECTION 1. Be it enacted by the General Assembly ot the State or Georgia, and it 1s hereby enacted by authority or the same,th~t Section 21 or the original Act,whose capti~n is set forth above, approved August 28, 193l,(Acts 1931,279) be amended by striking therefrom the tollow1ng,to-w1t: "The City ot Augusta",and inserting in lieu thereof the tollowing,to-wit: "Richmond County". SECTION 2. Be it further enacted by the authority atoresaid,that Section 2 or the Act creating the Municipal Court ot the City ot Augusta,whose caption is set forth above,amended by an Act approved March 24, 1933, be so amended that when amended it will read as follows: "Be it further enacted by the authority atoresaid,that said Municipal Court or Augusta shall have concurrent jurisdiction within the County or Richmond w1th the Super!or Court and existing justice courts or said County,to try and dispose or all civil causes or proceedings or whatever nature, whether arising ex contractu or ex delicto, under the common law or by stature,in which the principal sum sworn to or claimed to be due,or the value or the property in d1spute,does not exceed five hundred dollars,and or which jurisdiction is not vested by the Constitution and laws or the State

FRIDAY, MARCH 8, 1935.

1177

of Georgia exclusively in another or other courts. The criminal jurisdiction of said Municipal Court shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State but such jurisdiction shall extend over the entire County of Richmond.n

SECTION 3. Be it further enacted by the author-

ity aforesaid,That the salary of the Judge of said

Municipal Court of the City of Augusta shall be

Forty-Eight Hundred Dollars($4800.00) per annum;

Tthweenstayl-aFroyuroHf utnhderedClDeroklloafrssa($id240C0o.uorot)

shal per

l be annum;

the salary of the Deputy Clerk of said Court shall

not exceed Twelve Hundred Dollars ($1200.00) per

annum;the salary of the Sheriffs of said Court shall

be Twenty-Four Hundred Dollars ($2400.00) per annum;

and that the Sheriff of said Court shall have power,

by and with the consent of the Judge of said Court,

to appoint not to exceed two(2) Deputy Sheriffs,

at a salary of $1320.00 per annum each,and with

the consent of said Judge of said Court a Deputy

Sheriff,or Deputy Sheriffs,as the business of said

Court may demand,at a salary not to exceed Three

Dollars ($3.00) per diem.

Provided,nevertheless,said Deputy Sheriff,or Deputy Sheriffs,shall serve only during such time as the Judge and the Sheriff may deem their services necessary for the best interests of the Court,and any such Deputy or any Bailiff may be discharged by the said Judge or Sheriff at any time and such vacancy or vacancies thus created may be filled in the same manner as such officers were originally filled under this Act. The compensation of all officers of said Municipal Court shall be paid monthly out of the Treasury of Richmond County, upon the warrant of the Judge of said Court,by the officer or officers charged by law with paying out the moneys of said County,and charged as a part of the Court expenses of said Court.

SECTION 4. Be it turther enacted by the authority atoresaid,and it 1s hereby enacted byauthority

1178

JouRNAL OF THE SENATE,

ot the same,that in all suits begun by summons,

Where there is only one defendant involved therein,

and the amount claimed in said suit shall not ex-

ceed Fifty Dollars ($50.00),and there is judgment

by detault,provided no garnishment is involved,and

that the total costs to judgment where defense is

!iled,where only one defendant is involved,shall be

$4.oo;that where there is a suit begun by summons

and one garnishment served,and said suit shall be

dismissed or settled before trial or judgment taken

in the main case by de!ault,then the total costs

shall be fixed at $4.oo;tha~ where there is more

than one summons or garnishment in said case,there

shall be added thereto the amount fixed by law tor

such additional summons or summonses and !or the

services thereon. In the event there is more than

one de!en~ant involved in such suit,then there shall

be added to said costs what additional costs that

may be incurred by reason or the issui~ or addi-

tional summons or summonses and the services there-

or. Provided,nevertheless,in case or an attorneyts

:tee i.s incurred by garnishee in making an answer

in any such suit,the cost thereof shall be added

to the sums hereinabove set forth. Provided :rur-

ther,that in any such case where the sum claimed

does not exceed Fifty Dollars ($50.00) against one

defendant, where the case is in de!ault,or i! de-

fault judgment is taken,the costs shall be Three

Dollars ($3.00), and provided further, that the

costs reductions hereinabove provided shall apply

only to such cases where no trial by jury is de-

manded or had.



SECTION 5. Be 1t further enacted by the author!ty a:roresaid,that all laws and parts or laws in conflict herewith are hereby repealed.

The substitute was adopted.

The report of the comm1ttee,wh1ch was favorable to the passage of the B1ll,by subst1tute,was agreed to.

On the passage or the B111,by subst1tute,the ayes were 29, nays o.

FRIDAY, MARCH 8, 1935.

1179

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

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

By Senator Milhollin of the 46th DistrictSenate Bill No. 203. A Bill to be entitled an
Act to amend an Act amending and revising the Charter of the ~ity of Fitzgerald,approved August 22, 1907;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 29, nays o.

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

By Senator Rawlins or the 45th DistrictSenate Bill No. 208. A Bill to be entitled an
Act.to amend an Act approved August 27, 1931 which created the office of Commissioner of Roads and Revenues tor the County of Teltair;and !or other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes'

were

29,

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

By Senator Millican of the 35th Districtsenate Bill No. 215. A Bill to be entitled an
Act to amend an Act establishing a new charter tor the City of Atlanta,approved February 28,1874, and the several Acts amendatory thereof; and for other purposes.

1180

JouRNAL OF THE SENATE,

The report of the cammittee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

26,

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

The following resolution or the House was read third t~e and put upon its passage:

By Mr. Whaley or TelfairHouse Resolution No. 68-350b. A Resolution au-
thorizing the State Librarian to furnish certain sets or the reports or the Appeals Court to the . Clerk of the Superior Court or Telfair County;and for other purposes.
The report of the cammittee,which was favorable .to the passage of the resolution,was'agreed to.

On the 29, nays

poa. ssage

of

the

resolution

the

ayes

were

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

The following resolution of the House was read third tbne and adopted: By Messrs. Lanier,Harris and Barrett ot Richmond-
House Resolution No. 132. A Resolution urging the President of the United States to include the

FRIDAy, MARCH 8, 1935.

1181

Savannah River in his gigantic program of internal development;and for other purposes.

Senator Millican ot the 35th District asked unanimous consent that he be allowed to withdraw Senate Bill No. 44 and consent was granted.
The President announced that since there remains only two more weeks of the present session, that every member make arrangements to be present at every remaining session and to stay in Atlanta until the session is finished.
The following Senators were granted leaves ot absence:
Senators Beasley ot the 2nd District,Simmons ot the 8th District,Gary of the 12th District,Chappell ot the 13th District,Gaskins ot the 6th District, Dennis ot the 28th District,Ragan of the 14th District,Vaughn of the 34th District and Hart of the 36th District.

The following privileged resolutions were read and adopted:

By Senator Skelton of the 30th DistrictA Resolution extending the privileges of the
floor to Judge B. Jones of Gainesville,Georgia.

By Senator Dennis of the 28th DistrictA Resolution extending the privileges or the
floor to Miss Nan Starr or Eatonton,Georgia.

1182

JouRNAL or THE SENATE,

By Senator Crawford of the 42nd DistrictA Resolution extending the privileges of the
floor to Mrs. RQY McGinty,w1!e of the Senator of the 43rd District.
Senator Crawford of the 42nd District moved that the Senate adjourn until Monday Morning at 10 otclock. The motion prevailed.
The President announced that the Senate stood adjourned until Monday morning at 10 o'clock.

MoNDAY, MARCH 11, 1935.

1183

Senate Chamber,Atlanta,Georg1a. Monday,March 11,1935.
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 Millican ot the 35th District asked unanimous consent that the calling of the roll be dispensed with and consent was granted. Senator Vaughn ot the 34th District,member of Committee on Journals,reported that he had examined the Journal of the preceeding session and tound it correct. Senator Pope of the 15th District aSked unan~ous consent that the reading of the Journal be dispensed with and consent was granted. Senator Rawlins ot the 45th District moved that the Senate reconsider its action in passing House Bill No. 734 and that the bill be recommitted to the committee on Municipal Government and the motion prevailed. The Journal was confirmed. Senator Scott ot the 7th District asked unanimous consent that when the Senate adjourn at 1;00 orclock today that it reconvene at 2:00 o'clock P.M. tor an afternoon session. The consent was granted. The Secretary by direction of the President read senate Rule No. 45. The Rules Camn1ttee fixed the following as the order or business tor today,Monday,March 11,1935:

1184

JouRNAL oF THE SENATE,

1. Introduction or newmatter,under the rules. 2. Reports or Standing Committees. 3. Messages trom the Governor. 4. Second reading or Senate and House bills
favso. rPabultytinregpoonrtpedas.sage uncontested Senate and
House bills and general bills with local application.
6. Senate Bill No. 209-to provide tor lease ot certain State property.
House Bill No. 132--Authorizing the Regents ot the University to dispose ot certain property.
House Bill No. 238--Investment ot University funds in bonds.
House Bill No. 7o--Reducing license on certain motor dealers.
senate Bill No. 214--PuniShment tor obscene literature.
Senate Bill No. 153--Authorizing ordinaries as to guardianships.
Senate Bill No. 133--To provide tor redemption ot real estate.
Senate Bill No. 193-To provide quarterly payment or property tax.
The following bills or the Senate were introduced, read the first ttme and referred to Committees: By senator Rucker or the 50th District-
Senate Bill No. 229. A Bill amending the Act Which changed the name or the Town ot Athens to the City or Athens;and tor other purposes.
Committee on General Judiciary No. 1. By Senator Crawtord ot the 42nd District-
Sanate Bill No. 230. A Bill making 1t lawtul to tish in the rivers or Floyd County;and tor other purposes.
Committee on Game and Fish. By Senator Cooper ot the 22nd District-
Senate Bill No. 231. A Bill extending the powers

ti, MoNDAY, MARCH

1935.

1185

and duties or the Public Service Commission as to manufacturers and distributors ot ice in Georgia; and tor other purposes.
Committee on Public Utilities. By Senator Millican ot the 35th District-
Senate Bill No. 232. A Bill to declare the necess1ty ot creating bodies corporate and politic (municipal corporations) to be known as housing authorities to engage in slum clearance and/or housing projects;and tor other purposes.
Committee .on Municipal Gov~rnment. The following communication trom His Excellency, . the Governor,received on Saturday, March 9, was read:
March 9, 1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning House Bill No. 89, without my approval.
House Bill No. 89 An Act,to abolish the ottice ot Tax Receiver and Tax Collector ot Douglas County,Georgia; to create the ottice or Tax Commissioner,and tor other purposes. I have vetoed this Bill because in the opinion ot the Attorney-General it is unconstitutional. Attached hereto and made a part ot this message is a copy ot the opinion ot the Attorney-General. Mr. Morris, the author or the Bill,admits that he tailed to comply with the constitutional provision which requires thirty days advertisement betore the introduction ot a bill. He concurs in IJI:f action in this matter and proposes to introduce a s1m1lar bill meeting all requirements ot the Constitution._
Respectfully submitted, Eugene Talmadge, Governor.

1186

jOURNAL OF THE SENATE,

March 8, 1935.
Honorable Eugene Talmadge Governor or Georgia State Capitol Atlanta,Georgia Dear Governor:
I have your request tor an opinion with reference
to House Bill No. 89 Which consolidates the offices ot Tax Receiver and Tax Collector of Douglas County, and provides tor a Tax Commissioner.
I alsohave an affidavit signed by Jack Banks to the errect that the advertisement of this bill first appeared in the Douglas County Sentinel on January 25th 1935. I also have a copy or the Douglas County Sentinel or that date which contains a notice reciting that the proposed bill will be introduced at the present session of the General Assembly. This notice is dated January 19th, 1935.
The proposed bill was introduced and read the first time 1n the House on January 16,1935. It was read the second time January 29th,l935,and the third time on January 30th,l935!and passed the House on that date by a vote or llo to none. It was read the first time in the Senate on February 1,1935; read the second time in the Senate on March 4,1935, and on March 5,1935,and passed the Senate March 5, 1935 by vote of 32 to none.
The Constitution of this State,by Article 3, Section 7, Paragraph 16, provides as follows:
6Notice or intention to ask local legislation necessary. No local or special bill shall be passed,unless notice or the intention to apply therefor shall have been publiShed in the locality where the matter or thing to be atrected,may be situated,which notice ~hall be given at least thirty days prior to the introduction ot such bill into the General Assembly,and in the manner to be prescribed by law. The evi-

MoNDAY, MARCH 11, 1935.

1187

dance or such notice having been published, shall be exhibited in the General Assembly before such act shall be passed." section 47-801 or the Code or Georgia of 1933 which was enacted pursuant to the constitutional provisions above referred to,provides that the notice required by the Constitution shall be given by publication or the title or -the bill once in the newspaper in which the sheriffs sales are advertised, thirty days before the introduction or the bill and b.Y posting notice at the courthouse door in the county thirty days before the introduction or the bill. In the case of
Speer v. Mayor & Council of Athens, 85 Georgia,49, the Supreme Court held that whether or not proper notice has been given before the introduction or a local or special bill,is tor decision by the Legislature ,and that where an Act is attacked as unconstitutional tor want or such notice,no evidence outside or the legislative journal will be received by the court. The errect or this decision is that where an Act is attacked as unconstitutional tor lack or proper advertisement,the fact that it was not properly advertised must be proved by the journals of the General Assembly and can not otherwise be proved. If the journals tail to disclose a lack or proper advertisement,the courts will not receive extraneous proof or the tact. While this case holds that the matter is one to be determined by the Legislature,it is my opinion that the Governor may consider the lack of proper advertisement in determintng whether or not he will
approve a local or special bill. This 1s true tor
the reason that the approval or the Governor,or the passage Of the Act without his approval,under the constitutional provision is necessary to the completion or the legislative enactment.

1188

JouRNAL oF THE SENATE,

Assuming that the only notice ot House Bill No. 89 was that contained in the advertisement referred to, the notice does not strictly meet the requirement ot the Constitution and statute. This is true tor the reason that the bill was introduced and read tor the first time on January 16th,l935,betore the notice was published and appears to have been passed by the House within five days after the notice was published. The purpose and intent ot the constitutional requirement is to put the public on notice ot the introduction ot local bills so that they may have an opportun1ty to be heard if they desire to be heard. It seems that even it the notice given in this case does not conrorm to the letter ot the Constitution and laws,it is in keeping with the spirit ot the Constitution and laws. This is true ror the reason that the bill evidently was not reported by the committee until several days after the publication ot the notice and was not reported by the Senate Committee until ~ch 4th, 1935i several weeks after the publication ot the not ce. It thus appears to me that the public had ample opportunity to oppose the passage ot this bill it they desired to do so.
The matter is necessarily one to be passed upon by the Governor in determining whether or not this bill should be approved. Its disapproval would be justified it the provisions or the Constitution and statute are to be strictly construed. It, however,the Constitution is to be interpreted in the light ot its evident purpose,to give the people notice ot what is being done,it seems to me that this bill was properly advertised.
Yours very truly, M.J. Yeomans, Attorney-General

MoNDAY, MARCH 11, 1935.

1169

The following communication received tram His Excellency, the Governor,on Saturday,March 9,was read:
March 9,1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning herewith,w1thout my approval Senate Bill No. 65, amending the Charter of the C~ty ot Athens.
I have vetoed this Bill at the request of the author,because the Bill is contradictory in its terms.
Sincerely yours, Eugene Talmadge, Governor.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House passed by the requisite Constitutional
majority the following Bills of the House to wit:
By Messrs. Moye and Blease of BrooksHouse Bill No. 47. A Bill to be entitled an Act
to prohibit the importation into Georgia or across the State line tram any other state of swine of any kind unless the same shall have been inoculated; and tor other purposes.
By Messrs. Parker and Shirah of ColquittHouse Bill No. 51. A Bill to be entitled an Act
to designate the Taft Memorial Highway,and tor other purposes.
By Mr. Morris of DouglasHouse Bill No. 83. A Bill to be entitled an Act
to amend the Civil Code of Georgia of 1910 enumera~ ing who is subject to road duty or commutation tax in lieu thereot;and tor other purposes. By Messrs. Blease and Moye of Brooks-
House Bill No. 99. A Bill to be entitled an Act

1190

JouRNAL OF THE SENATE,

to repeal Act No. 283 changing !rom the tee to the salary system in certain counties;and tor other purposes. By Messrs. Almand of Walton,Jackson of Blackley, and JohnSton or Seminole-
House Bill No. 134. A Bill to be entitled an Act making it unlawtu.l tor any person,persons,!irm or corporation to knowingly advertise,sell or barter any planting seed differing in variety !rom that so knowingly advertised;and tor other purposes. By Mr Harris ot Richmond-
House Bill No. 181. A. Bill to be entitled an Act to amend Title 13, Chapter 13, Section 13-40l,ot the Code or 1933,relating to examination .or Banks, and tor other purposes. By Mr. Ramsey or Fulton-
House Bill No. 197. A Bill to provide tor Public Libraries,and tor other purposes. By Messrs. Dyer and Arnall or Coweta,Dean or Rockdale,and Campbell ot Newton-
House Bill No. ~. A Bill to be entitled an Act to provide tor the sterilization or selected persons tram inmates or State Institutions;and tor other purposes. By Messrs. Welch and Manning or Cobb-
House Bill No. 220. A Bill to be entitled an Act to amend Section 2823 (1) and 2823 (3) to empower SUperior Court Judges to grant charters to private campanies,and !or other purposes. By Messrs. Lindsay,Ansley and Guess o! DeKalb-
House Bill No. 246. A Bill to be entitled an Ac to prohibit the establishment or cametery,hospital and institutions in certain counties without permission tram county commissloners;and tor other purposes. By Messrs. Gammage o! Terrell,Booth of Barrow and Terrell ot Troup-
House Bill No. 259. A Bill to be entitled an Ac

MoNDAY, MARCH 11, 1935.

ll91

to provide tor the payment or accrued pensions ot Confederate soldiers at their death,to be paid to their estates;and tor other purposes. By Mr. Harris or Richmond-
House- Bill No. 289. A Bill to be entitled an Act requiring banks having and exercising trust powers, trust canpanies,savings banks and security or guarantee companies doing a trust business to secure uninvested trust funds;and tor other purposes. By Messrs. Thompson,Leonard and Brinson ot Muscogee-
House Bill No. 295. A Bill to be entitled an Act to authorize the officers having charge ot county affairs in counties ot a certain population,to appropriate educational tunds to the support or public libraries,maintained by municipal corporations;and tor Qther purposes. By Mr. wrench of Charlton-
House Bill No. 312. A Bill to ~e entitled an Act to amend Chapter 52-1 ot the Code ot Georgia ot 1933,requiring all lodging houses,tourist camps,or other places where guest are received for lodging, to keep registers or guest;and tor other purposes. By Messrs. Harts!leld,Almand and Ramsey ot Fulton-
House Bill No. 350. A Bill to be entitled an Act to make it a penal offense to send in a false alarm to_ any tire department;and tor other purposes. By Messrs. Teasley o! Cherokee and McGraw of Meriwether-
House Bill No. 361. A Bill to be entitled an Act to amend Part 11 ot Chapter 95-8 ot the Code ot Georgia ot 1933,with reference to working public roads;and tor other purposes. By Messrs. Ramsey or Fulton,Ansley ot DeKalb,and Cobb ot Clarke-
House B111 No. 409. A B111 to be entitled an Act to amend an Act abolishing Juvenile Courts;and tor other purposes.

1192

JouRNAL OF THE SENATE,

By Mr. Douglas or Talbot-



House Bill No. 412. A Bill to be entitled an Act

to amend Title 25,Chapter 25-1 Section 25-122 or

the Code or Georgia or 1933,reiating to examdnations

or credit unions by the Superintendent or Banks,by

providing tees tor such examinations;and for other

purposes.



By Messrs. Stephens and Hogan or LaurensHouse Bill No. 413. A Bill to be entitled an Act
to amend Section 695 or the Political Code or 1910, enumerating who is subject to road duty or commutation tax in lieu thereo:t,by excepting counties with a certain population trom the provisions thereo:t,and for other purposes.

By Messrs. Lewis ot Burke and Townsend of DadeHouse Bill No. 457. A Bill to be entitled an Act
to provide a method or licensing new charitable Agencies,institutions and societies providing care tor dependent or ~erective persons,and tor other purposes.

By Mr. Settle or Butts-

House Bill No. 466. A Bill to be entitled an Act

to amend Chapter 86-9 or the Code or Georgia tor

1933,by amending Section 86-903,by providing tor

pay and

and allowance as tor like grades or enlisted men in active service in th

eofufi.cse. rAsrmy;

and tor other purposes.

By Mr. Newby or DooleyHouse Bill No. 499. A Bill to be entitled an Act
to amend Section 95-805 or Chapter 95-8 or the Code ot Georgia or 1933 which Section provides that certain persons shall be subject to road duty;and tor other purposes.

By Messrs. Preston of Walton and Dobbins ot MorganHouse Bill No. 508. A Bill to be entitled an Act
to authorize agencies or the Federal Government to purchase lands tor parks and recreational areas in certain counties in Georgia,and tor other purposes.

MoNDAY, MARCH 11, 1935.

1193

By Messrs. Almand,Hartstield and Ramsey,ot FultonHouse Bill No. 548. A Bill to be entitled an Act
to-provide tor the establishment or County Boards ot Public Welfare in counties having a population ot 200,000 or more,and tor other purposes.

By Mr. Williams ot Jackson-

House Bill No. 624. A Bill to be entitled an Act

to provide tor the payment or the tees ot Justices

ot the Peace and Constables in Criminal cases out

ot the County tunds in lieu ot the tine and tor-

teiture system in counties ot a certain population;

and tor other purposes.



By Mr. Harris ot RichmondHouse Bill No. 632. A Bill to be entitled an Act
~o amend the Code ot Georgia tor 1933Lby providing that any regular report-or a Bank or 1TUst Company may be amitted,in the discretion or the Superintendent ot banks,when such bank or Trust Company is not receiving deposits;and tor other purposes.

By Mr. Bradley or TattnallHouse Bill No. 654. A Bill to be entitled an Act
to amend an Act to provide tor the trial ot insane persons in certain counties in this state;and to provide a tee tor the sheritts in getting the case ready tor trial;and tor other purposes.

By Mr, Bradley ot TattnallHouse Bill No. 655. A Bill to be entitled an Act
to provide tor the payment to the Clerks and Sheriffs or telony costs in cases where the defendant is convicted in counties or not less than 15,410 and not more than 15,415 according to the census ot 1930;and tor other purposes.

By Messrs. Joel and Cobb ot ClarkeHouse Bill No. 658. A Bill to be entitled an Act
to require candidates tor General Assembly in primary elections in counties or a certain population to designate the candidate they oppose and the position tor which they otter;and tor other purposes.

1194

JouRNAL OF THE SENATE,

ByH~::r~il~a~~f~~~~'11~~~ ~db~~ltf~d~tX~t
to provide that no person,firm or corporation shall establish any dance hall,box1ng or wrestling arena in any county of population of 200,000 or more without permission of the County Commissioners; and for other purposes. By Messrs. Alma.nd,Hartsfield and Ramsey of Fulton-
House Bill No. 677. A Bill to amend an Act approved-March 23, 1933 regulating prtmar.y elections in cities of 200,0o0 or more,by inserting a new section extending terms of executive committees to three years;and for other purposes. By Mr. Marshall of Macon-
House Bill No. 688. A Bill to be entitled an Act
to provide for payment out ot county tunds,insolvent
costs in counties with a population of 16,100 to 16,800; and for other purposes. By Mr. AlJnand of Fulton-
House Bill No. 742. A Bill to be entitled an Act to amend Title 24, Section 24-3801 of Code of Georgia for 1933 so as to provide for three terms of the Supreme Court ~ the Court of Appeals in each year;and for other purposes. By Mr. Peek of Polk-
House Bill No. 747. A Bill to be entitled an Act to amend Section 88-1212 of the Code of Georgia ot 1933lproviding tor the issuance of certified copies of b rth and death certiticates;and tor other purposes. By Messrs. Ramsey,Almand and Hartstield,ot Fulton-
House Bill No. 749. A Bill to be entitled an Act to create and place in effect Civil Service in all County offices and departments in counties of a certain populat1on;and for other purposes. By Messrs. Bloodworth,Bowden and Freeman ot Bibb-
House Bill No. 753. A Bill to be entitled an Act to authorize certain counties in this State to levy

MoNDAY, MARCH 11, 1935.

1195

a special tax tor the support of the paupers of their county in addition to the tax tor this purpose now authorized by law; and for other purposes.

By Mr ~ Booth of BarrowHouse Bill No. 756. A Bill to be entitled an Act
to repeal an Act approved July 30, 1927,so as to strike the word "Gwinnett" when the same appears and substitute therefor the word"Barrow~o authorize the Mayor or said town or Auburn to commit persons found guilty of violating municipal ordinances; and for other purposes.

By Mr. Rivera of LanierHouse Bill No. 762. A Bill to be entitled an Act
to provide that in certain counties where offices of tax-receiver and tax collectors have been aboliShed and tax commissioner Shall be ex-officio sheriffs for purpose of collecting tax fi tas;and tor other purposes.

By Mr. Herndon of HartHouse Bill No. 765. A Bill to be entitled an Act
to create the office of Commissioner of Roads and Revenues of Hart County; to define his eligibility, term or office,bond and oath;and for other purposes.

By Mr Freeman of Early-

.

House Bill No. 799. A Bill to be entitled an Act

to amend an Act incorporating the City of Blakely;

to create the office of Mayor and Council;to fix

their terms;and tor other purposes.

By l1r. Moore of ClaytonHouse Bill No. 778. A Bill to be entitled an Act
to amend an Act to incorporate tbe Town of Forest Park in the County of Clayton;to prescribe its 11mits;to provide for a Mayor and Board of Alderman; and for other purposes.

1196

JouRNAL oF THE SENATE,

By Mr. Brown o:r GlynnHouse Bill No. 779. A Bill to be entitled an
Act to amend Section 23-1401 o:r the Code o:r 1933, providing that counties with a population o:r not less than 19,300 nor more 19,500,w1th a city therein o:r not less than 13,500 nor more than 14,500 inhabitants,shall use and employ as county policemen,me.mbers o:r police department o:r such City; and !or other purposes.

By Mr. Brown o:r Glynn-



House Bill No. 780. A Bill to be entitled an

Act amending An Act to amend the charter o:r the

City o:r Brunswick by providing that the city mana-

ger must be a resident o:r said city !or two years

prior to his election~and !or other purposes.

By Mr. DeLoach o:r EvansHouse Bill No. 781. A Bill to be entitled an Act
to amend an Act approved August 14,193l,entitled an Act to abolish the o!:tices or tax receiver and tax collector;to create the o!rice or tax commissioner or Evans County;and :ror other purposes.

By Messrs. HarrisLLanier and Barrett o:r RichmondHouse Bill No. t84. A Bill to be entitled an
Act to provide that the Solicitor-General o:r the Augusta Circuit shall have the power to appoint a clerk !or the orrice o:r the said SoliG1tor-General,and :ror other purposes.

By Mr. Warnell o:r BryanHouse Bill No. 785. A Bill to be entitled an Act
to aboliSh the orr1ces o:r tax receiver and Tax collector or Bryan County,and to create the orrice or tax cammissioner;and ror other purposes.

By Mr. Moore o:t HaralsonHouse Bill No. 789. A Bill to be ent1tled an
Act to aboll~h the o!:tlces o:r tax receiver and tax collector ot Haralson County;to create the o!:tice o:r County Tax Commissioner o:r Haralson County; to tix his ter.m,qualiricat1ons,campensation;and ror other purposes.

MoNDAY, MARCH 11, 1935.

1197

By Mr. Mallory or TwiggsHause Bill No. 790. A Bill to be entitled an Act
to abolish the offices or tax collector and tax receiver,and to create in their stead a county tax commissioner tor Twiggs County;and tor other purposes.

By Mr. Cobb of ClarkeHouse Bill No. 791. A Bill to be entitled an Act
to-promote temperance and prosperity tor Georgia people;to legalize the making or light domestic wlnes;and tor other purposes.

By Messrs Houston and Perry or WorthHouse Bill No. 796. A Bill to be entitled an Act
to provide tor the holding of four terms of SUperior Court in each year in Worth County, to provide tor the drawing of a Grand Jury in said Court;and for other purposes.

By Messrs. Arnall and Dyer or CowetaHouse Bill No. 797. A Bill to be entitled an Act
to repealan Act entitled an Act to incorporate the town of St. Charles,approved December 9,1893; and tor other purposes.

ByHMouessesrBs.ilBl loNood.waoortoh.,BoAwBdeinllantod

Freeman of Bibbbe entitled. an Act

to amend an Act establiShing the municipal court

or the City or Macon,and Acts amendatory thereof,

so as to change the date or Sheriff's sales;and

tor other purposes.

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

Mr. President:

The House has passed by the requisite Constitutional majority the following Bills o! the House to wit:

By Messrs. Bannister and Tipton or ThomasHouse Bill No. 815. A Bill to be entitled an Act

1198

JouRNAL oF THE SENATE,

to amend an Act entitled Traylor-Neill Bill designating highway mileage,by adding additional mileage in Mitchell and Colqul'tt Counties,and !or other purposes.

By Mr. Teasley o! CherokeeHouse Bill No. 805. A Bill to pe entitled an Act
to amend Neill-Traylor Act so as to add a road in Cherokee County,and tor other purposes.

By Messrs. Jones ot Brantley,Brown o! Glynn and Oden o! Pierce-
House Bill No. 766. A Bill to be entitled an Act to amend the Neill-Traylor Bill by adding a road in Glynn,Bran:tley and Pierce Counties,and !or other purposes.

By Messrs. Douglass o! Talbot and Johnson o! UpsonHouse Bill No. 736. A Bill to be entitled an Act
to amend the Neill-Traylor Act so as to include a road in Talbot and Upson Counties,and !or other purposes.

By Mr. Mann o! ToombsHouse Bill No. 675. A Bill to be entitled an Act
to increase the mileage o! the State~id System o! Roads by the addition thereto o! a paved road leav-
ing u.s. Route No. 1 at the Baker Place in Toombs
County,North ot Lyons and going to Vidal1a,and !or. other purposes.

By Messrs. Black o! Forsyth,Whitmire o:r Dawson and Jones o! Lumpkin-
House Bill No. 668. A Bill to be entitled an Act to amend the Traylor-Neill Highway Mileage Act,so as to add certain highway mileage herein designate~ and tor other purposes.

BY Messrs. Zellner o:r Monroe and M1 tchell o! Lamar-

House Bill No. 664. A Bill to be entitled an Act

to amend an Act to increase the State Aid Road

System by adding a road in Lamar,Monroe,Butts and

Jackson Counties,and !or other purposes.



MoNDAY, MARCH 11, 1935.

1199

By Messrs. McCranie and Ross o:r DodgeHouse Bill No. 329. A Bill to be entitled an Act
to increase the State aid road mileage by adding mileage in Dodge County,and !or other purposes. By Mr. Brisendine o:r Peach-
House Bill No. 648. A Bill to be entitled an Act to amend the Traylor-Neill Act so as to include a road in Peach and Traylor Counties and tor other purposes. By Mr. Ross o:r Dodge-
House Bill No. 568. A Bill to be entitled an Act to repeal an Aet which provides !or the payment o:r a salary in lieu o:r tees to clerks o:r the Superior Court in certain counties o:r this State,and !or other purposes. By Mr. Adams o:r Franklin-
House Bill No. 487. A Bill to be entitled an Act to amend an Act approved August 20, 1929, designating the highway mileage,by adding additional mileage in Franklin County,Georgia,and :ror other purposes. By Mr. wrench o:r Charlton-
House Bill No. 418. A Bill to be entitled an Act to increase the State-Aid Road Mileage by the addition o:r a road !ran the st. Mary's River at Maniac, to the St. Ma.ryts River at St. George,and :ror other purposes. By Mr. Atwood o:r Mcintosh-
House Bill No. 283. A Bill to be entitled an Act to amend an Act entitled Highway Mileage known as the Neill-Traylor Bills,so as to add additional mileage in Mcintosh County to the State Aid Road System,and :ror other purposes.
The :following message was received trom the House through Mr. Kingery, the Clerk thereo:r: Mr. President:
The House has passed by the requistte Constitutional majority the :following Bills o:r the House to wit:

1200

JouRNAL OF THE SENATE,

By Messrs. Allen and Ennis _or Baldwin- . House Bill No. 145. A Bill to be entitled an Act
to require the payment or tees or Clerks and Sheri!!s or the Superior Court in divorce cases in certain counties,and tor other purposes.

By Messrs. Stephens and Hogan or LaurensHouse Bill No. 307. A Bill to be entitled an Act
to provide the time at which primary elections !or nominations !or county officers shall be held,and tor other purposes.

By Messrs M1tchell o! Taliaferro and Sutton o!

Wilkes-

.

House Bill No. 439. A Bill to be entitled an Act

to amend an Act to authorize the State Commission

or Forestry and Geological Development to establish

State ParkS, and !or other purposes.

By Messrs. Garrett and Camp or CarrollHouse Bill No. 444. A Bill to be entitled an Act
to amend Section 95-802 or the Code of 1933,so as to exempt certain counties,and tor other purposes.

By Mr. Bradley or TattnallHouse Bill No. 653. A Bill to be entitled an Act
to !ix the rights and powers or the Sheriffs in said state in counties with a population or ~ot less than 15,410 and not more than 15,415;to give to the said sheriffs the right and power in his discretion to go out or one county into another atate, to arrest parties charged with cr1mes,and for other purposes.

By Mr. Booth of BarrowHouse Bill No. 757. A Bill to be entitled an Act
to amend an Act to incorporate the town or Auburn; to authorize the mayor and council to make and pass all needful orders,and tor other purposes. .

By Mr. Brown of GreeneHouse Bill No. 774. A Bill-to be entitled an Act
to amend an Act creating the charter or the City of Greensboro,and providing tor canpensat1on to be

MoNo.a.v, MARCH 11, 1935.

1201

paid the Aldermen or said city and tor other purposes. By Mr. Herndon of Hart-
House Bill No. 830. A Bill to be entitled an Act to amend the Act creating a Board ot Commissioners ot Roads and Revenue tor the county of Hart,and tor other purposes. By 11r. Settle ot Butts-
House Bill No. 832. A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County,and tor other purposes. By Mr. Jones ot Brantley-
House Bill No. 847. A Bill to be entitled an Act to repeal an Act abolishing the office of County Treasurer o:r Brantley County,and tor other purposes. By Mr. Jones of Lumpkin-
House Bill No. 855. A Bill to be entitled an Act to amend the act re-incorpo~ating the City of Dahlonega,and for other purposes. By Mr. Williams o:r Coffee-
House Bill No. 857. A Bill to be entitled an Act to amend an Act to incorporate the City of Broxton in the County of Coftee,and for other purposes. By Mr. Warnell of Bryan-
House Bill No. 861. A Bill to be entitled and Act to amend an Act incorporating the town o:r Pembroke, and tor other purposes. By Mr. Harris of Richmond-
House Bill No. 640. A Bill to be entitled an Act to amend an Act providing tor an occupational tax on all distributors ot motor fuel and7or kerosene within the State of Georgia;and tor other purposes. By Mr. Freeman ot Early-
House Bill No. 814. A Bill to be entitled an Act to fix the salary ot the Treasurer of Early County; and tor other purposes.

1202

JouRNAL oF THE SENATE,

By Mr. Pound ot Hancock-

House Bill No. 807. A Bill to be entitled an Act

to provide tor the leasing and controlling ot the

State property not covered by

tihnethwe&CAit

y ot Chattanooga,Tenn., RR Lease;to create a .

commission to ettectuate such purpose and detine

its powers and duties;and tor other purposes.

By Mr. Herndon ot HartHouse Bill No. 817. A Bill to be entitled an Act
to amend the Charter ot the City ot Hartwell,in Hart County;and tor other purposes.

By Mr. Weathers ot Jenkins-



House Bill No. 818. A Bill to be entitled an Act

to authorize County Commissioners in certain coun-

ties ot this State to appropriate tunds to support

a l~brary;and tor other purposes.

By Mr. Oden ot PierceHouse Bill 822. A Bill to be entitled an Act
amending an Act to amend an Act creating and incorporating the City ot Blac~shear in Pierce County;providing tor the permanent registration ot voters;and tor other purposes.

By Mr. DeLoach ot EvansHouse Bill No. S23. A Bill to be entitled an Act
to amend an Act creating the City Court ot Claxton; and tor other purposes.

By Mr. McGraw ot MeriwetherHoose Bill No. 831. A Bill to be entitled an Act
to amend an Act approved February 27,1933,tixing the compensation ot the Treasurer ot Meriwether County;and tor other purposes.

83s. By Messrs. Lanier Harris and Barrett ot Richmond-

House Bill No.

A Bill to be entitled an Act

to remove liens tor water rent and/or use,rrom

property where water furnished by City Council ot

Augusta;and tor other purposes.



By Mr. H~rnqon o:r HartHouse Bill No. 839. A Bill to be entitled an Act

MoNDAY, MARCH 11, 1935.

1203

to amend the charter or Hartwell,and the Acts amendatory thereof so as to prescribe the manner and place or holding Marshall's sale. in the City or Hartwell;and tor other purposes.

By Mr. Ray or .ApplingHouse Bill No. 846 A Bill to be entitled an Act
to amendan Act approved-July- 29th,l915, creating a Board ot County Commissioners tor Appling County, Georgia,and tor other purposes.

By Mr. Jones ot BrantlyHause Bill No. 851. A Bill to be entitled an Act
creating and establishing tor Brantley County,Georgia,a County Manager,prov1ding tor his qualifications andelection,tiX1ng his bond,campensation and duties;and tor other purposes.

By Mr. Jones or BrantleyHause Bill No. 853 A Bill to be entitled an Act
to repeal an-Act to create the-office or Commissioners or Roads and Revenues or Brantley County; to provide tor their election;to define their powers and duties, to fix their compensation; and tor other purposes.

By Messrs Stephens and Hogan or LaurensHouse Bill No~ 865. A Bill to be entitled an Act
to prevent the curtailment or the school term by the County Boards ot Education in Counties ot a certain popUlation,and tor other purposes.

The following message was received tram the House

through Mr. Kingery, the Clerk thereor:

.

Mr. President:

The House has passed by the requisite Constitu-

tional majority the following resolutions or the

House to wit:



By Mr. AllDa.nd or FultonHouse Resolution No. 49-270-g. A Resolution to
relieve W.P. Middlebrooks as surety on the bond ot Herman Wilcox; .and tor other purposes.

1204

JouRNAL oF THE SENATE,

By Messrs. Parker and Shirah of Colquitt. House Resolution No. 91-4748.. A Resolution
proposing to the qualified voters of the State or Georgia an amendment to the Constitution of Georgia authorizing the General Assembly to convene itself in extraordinary session in cases or emergency. By Messrs. Parker and Shirah of Colquitt-
House Resolution No. 7Q-372a. A Resolution to relieve J.L. Russell and Will Kilgore as sureties on a bond. By Messrs. Lindsay, Guess and Ansley of DeKalb-
House Resolution No. 81-430a. A Resolution to. amend the Constitution or this.State,so the governing author!ties or the County or DeKa.lb sh~ll have authority to establish and administer systems or fire prevent1on,and/or water,and tor other purposes. By Messrs. Horton and Young or SUmter and Gammage of Terrell-
House Resolution No. 46-27oa. A Resolution (A b1ll)to be entitled an Act to require or the Highway Board or Georgia to add to the State Highway mileage a road from Americus in Sumter County to Dawson in Terrell County,aad !or other purposes. By Messrs. Hooks or Glascock and Terrell or warren-
House Resolution No. l04-508a. A Resolution authorizing and directing the State Librarian to furnish the Commissioners of Roads and Revenue of Glascock County,certain missing Law Books,and tor other purposes. By Mr.. Terrell or warren-
House Resolution No. 48-270!. A Resolution authorizing and directing the State Librarian to turn1sh the Commissioner of Roads and Revenue of Warren County certain missing volumes or Supreme Court and Court of Appeals Records,and tor other purposes.

MoNDAY, MARCH 11, 1935.

1205

By Mr. Saunders of HarrisHouse Resolution No. 88-460-c. A Resolution to
relieve F.L. Cook as surety on bond.

By Messrs. Tipton and Bannister of ThomasHouse Resolution No. 151-665-b. A Resolution
authorizing and directing the State Librarian to furnish to the Clerk of the Superior Court of Thomas County,Thamasville,Georgia,certain volumes of Supreme Court and Cour~ of Appeals Reports,and for other purposes.

By Messrs. Bloodworth,Freeman and Bowden of Bibb and others-
House Resolution No. 201. A Resolution petitioning the College of Electors of Hall of Fame to nominate and elect to said Hall o:r Fame,Sidney Lanier,and for other purposes.

By Messrs. Kelley o:r ElbertHouse Resolution No. 202. A Resolution urging
Congress to enact legislation to require that marble granite and natural ~uilding stone be used in public building Construction,and !or other purposes.

By Mr. Leonard of Muscogee-

House relieve

Rwe.cs.olMutaiothnisNaos.

28-178-b. surety on

A Reso~ution bond,and for

to

other purposes.

.

By Messrs. Cobb o:r Clarke and Allen of BaldwinHouse Resolution No. 76-405-a. A Resolution
designating the Brown Thrasher for State Bird,and Pine Tree !or the State Tree.

By Mr. Kelly o:r Elbert-

House relieve

cR.ess.olAutliloenn

No. 89-460-d. A Resolution to or bond 1n Elbert County,and

tor other purposes.

By Mr. Almand or FultonHouse Resolution No. 145-649-c. A Resolution to
release Mrs. Lucile M. Greene as surety on superseCdeoausrtb,aonndd !oo:r rRootbheerrt Kpu. rSpmositehs.in Fulton Superior

1206

JoURNAL OF THE SENATE,

By Messrs. Bannister and Tipton ot ThomasHouse Resolution No. 15o-665-a. A Resolution to
relieve James Dixon as surety on bond in the City C~urt ot Thomaaville,and tor other purposes. By Mr. Green ot Rab\Ul-
House Resolution No. 174-780-a. A Resolution to relieve Jesse Taylor as surety on bond or Jesse Dover,and tor other purposes. By Messrs. Tipton and Bannister ot Thomas-
House Resolution No. 168-742-a. A Resolution relieving J.N. Randall as surety on bond or Willie Davis in City Court or Thamasville,and tor other purposes. By Messrs. Harris ot Ricbmond,Spivey ot Emanuel and Townsend ot Dade- .
House Resolution No. 13o-607~. A Resolution . that the members or the General Assembly. be paid . ten cents per mile tor regular and special sessions ot 1935.
The following message was received tram the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions ot the House to wit: By Mr. Adams or Franklin-
House Bill No. 844. A Bill to be entitled an Act to create a board ot Commissioners ot Roads and Revenues tor the county or Frankl1n;to provide qualiticat1ons,terms or ottice,authority and liability; to provide tor proper audita ot books; and tor other purposes. By Messrs. Hartatield,Ramsey and Almand ot Fu1ton-
House Bill No. 671. A Bill to be entitled an Act to require the tax receivers in all counties ot 200,000 popUlation,or over,to list the White and

MoNDAY, MARCH 11, 1935.

1207

colored tax payers ina certain manner;and tor other . purposes. By Messrs. Edwards and Coleman or Lowndes-
House Bill No. 209. A Bill to be entitled ~ Act to amend that certain Act adopted and approved March lst,l933,amending the Constitution of ~he State or Georgia,so as to authorize the governing or fiscal authorities;and tor other purposes. By Mr. Patten of Cook--
House Resolution No. 42-239e A Resolution authorizing and directing the--State Librarian to furnish certain Law Books to the County or Cook; and tor other purposes.
;
By Messrs. Terrell,Groover and Davis or Trou~ House Resolution No. 125-605d. A Resolution to
provide .that the part or the highway known as tne State Rout.e No. 1, which extends !rom the Termessee State line to ~e City or Columbus,in Muscogee County shall be known,designated,and maintained as a Military Highway. By Messrs. Arnall and Dyer or Cowe~- _
House Resolution No. 16-35a. A Resolution to relieve A. L. Fuller as Surety on forfeited recognizance. By Messrs. Arnall and Dyer of Coweta-
House Resolution No. l7-36a. A Resolution to relieve T.G.Farmer,Jr.Las County Administrator of Coweta County and ~he ~ureties on his bond !rom payment of interest to Estate of George Lee. By Messrs. Camp and Garrett or Carroll-
House Resolution No. 27-178a. A Resolution requesting the paving of a driveway through the campus of West Georgia College at Carrollton,Georgia, connecting at either end with the Bankhead Highway, and tor other purposes. By Mr. Edwards and Mr. Coleman or Lowndes~
House .Bill No. 311. A Bill to be entitled an Act

1208

JouRNAL oF THE SENATE,

to authorize the State Highway Department to grade and pave approximately one mile or driveway on State Property at Georgia State Womans College at Valdosta. By Messrs. Morris or Douglas,Camp ot Carroll,Watson or Paulding,and others-
House Bill No. 619. A Bill to be entitled an Act to amend an Act entitled "Highway Mileage",so as to include roads in Douglas,Carroll,and Paulding Counties,and tor other purposes. By Mr. McCracken of Jefferson-
House Bill No. 721. A Bill to be entitled an Act to amend The Highway Mileage Act by adding additional mileage in Jefferson County,and tor other purposes. By Messrs. Jones of Brantleyiand Claxton of Camden-
House Bill No. 649. A Bil to be entitled an Act to amend Traylor-Neill Act so as to include a road in Brantley and Camden Counties,and for other purposes. By Mr. L.H. Oden of Pierce-
House Bill No. 185. A Bill to be entitled an Act to increase the State Aid Road System by adding a road from Lanes Bridge to Blackshear by way ot Baxley,Surrency,and Bristol,and tor other purposes. By Messrs. West and Terrell or Hall and Whitmire of Dawson-
House Bill No. 434. A Bill to be entitled an Act to increase the mileage or the State Aid Road System by the addition or a road in Hall County,and tor other purposes. By Messrs. Brown of Greene and Sutton of Wilkes-
House Bill No. 597. A Bill to be entitled an Act to repeal an Act approved March 23rd,l933 adding mileage to the State Aid system or roads and amending the Traylor-Neill Map,and tor other purposes.

MoNDAY, MARCH 11, 1935.

1209

The following message was received from the House through Mr. Kingery1 the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions of the Senate to wit: By Senator Crawford of the 42nd District-
Senate Resolution No. 40. A Resolution authorizing the State Librarian to furnish the Ordinary of Cha\,tooga C01mty a copy of the 1933 Code of Georgia;and for other purposes. By Senator Thomas of the 33rd District-
Senate Bill No. 146. A Bill to be entitled an Act to amend an Act approved August 8th,l923,creating the Piedmont Judicial Circuit of Georg1a,and for other purposes. By Senator Evans of the 29th District-
Senate Resolution No. 43~ A Resolution authorizing the State Librarian to furniSh the Superior Court or Mcintosh County a copy or the 1933 Code or Georgia. By senator Evans or the 29th District-
Senate Bill No. 19. A Bill to be entitled an Act to vest in the tax collectors or such counties or the state or Georgia as have a population of not less than 9005 and not more than 9020,all the powers or Sheriffs relative to the collection and levy of all !i !as issued;and for other purposes. By Senator Rucker of the 50th District-
Senate Bill No. 154. A Bill to be entitled an Act to amend an Act approved February 20,1933, fixing the fiscal year of the Regents of the University System,by striking from section l,ot said Act;and tor other purposes. By Senator Chappell or the 13th District-
Senate Bill No. 113. A Bill to be entitled an

1210

JouRNAL oF THE SENATE,

Act to amend the Code o:r Georgia o:r 1933,which provides :ror the appointment,number qualification,term and removal o:r jury commissioners o:r the several counties o:r this State;and :ror other purposes. By Senator Goodwin o:r the 20th District-
Senate Bill No. 151. A Bill to be entitled an Act to provide :ror the creation o:r a public utilities department :ror the City o:r Sandersville, washington County,Georgia;and :ror other purposes. BY Senator Redwine o:r the 26th District-
Senate Bill No. 81. A Bill to permit Building and Loan Associations to accept advantages offered under the Home owners Loan Act o:r 1353 as passed by the Congress o:r the United States;and :ror other purposes. By Senator King o:r the 11th District-
Senate Bill No. 83. A Bill to be entitled an Act to amend the Code o:r Georgia,which ~poses a liability upon stockholders o:r banks,to depositors in an amount equal to the :race value o:r their Shares;and :ror other purposes. By Senator Gaskins o:r the 6th District-
Senate Bill No. 110. A Bill to be entitled an Act to amend the Neill-Traylor map,so as to include a road in Berrien and Atkinson Counties;and :ror other purposes. By Senator Vaughn o:r the 34th District-
Senate Bill No. 170. A Bill to be entitled an Act . to amend the Highway Mileage Act,and the map o:r the
State aid system o:r roads thereto attached as set out in Georgia Laws o:r 1929. By Senator Scott o:r the 7th-
Senate Bill No. 171. A Bill to be entitled an Act to amend the Neill-Traylor Highway map so as to add to said map an additional road in Thomas County,Georgia.
The following message was received tram the House through Mr. Kingery, the Clerk thereor:

MoNDAY, MARCH 11, 1935.

12ll

Mr. President: The House has passed by the requisite Constitu-
tional maJOrity the following Resolution Of the House to wit: By Messrs. Ramsey of Fulton,Parker and Shirah of Colquitt,Pound of HancockLBennett of Ware,Brinson of Muscogee and Lewis of tlllrke~
House Resolution No. 206. A Resolution relative to the payment or certain funds recently diverted from the State Highway Department to the Cammon Schools,and for other purposes.
The following message was received tram the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bill or the Senate, by substitute to wit: By Senator Crawford of the 42nd District-
Senate Bill No. 178. A Bill to be entitled an Act to amend an Act approved March 18,1933,entitled "An Aet to abolish the Board or Commissioners of Roads and Revenues or Chattooga County,Georgia;to create a new board;" and for other purposes. , The following message was received from the House through Mr. Kingery, the Clerk thereof: ::Mr. President:
The House has passed,as amended,by the requisite Constitutional majority the following Bills of the Senate to wit: By Senator Duncan or the 22nd District and Senator Carswell ot the 21st District-
Senate Bill No. 71. A Bill to be entitled an Act to increase the mileage or the State aid road system by adding thereto a road extending from Jeffersonville to Perry;and for other purposes.

1212

JouRNAL OF THE SENATE,

By Senator Pope ot the 15th DistrictSenate Bill No. 69. A Bill to be entitled an Act
to amend an Act approved August 18th,l919,to provide rules or eligibility tor applicants tor disabled veterans license;and tor other purposes.
The following message was received from the House through Andrew J. Kingery,Clerk: Mr. President:
The House has agreed to the following amendments by the Senate:
By Messrs. Thampson,Leonard and Brinson or MllscogeeHouse Bill No. 63. A Bill to be entitled an Act
to amend an Act entitled "An Act to amend the charter or the city or Columbus";and tor other purposes. By Messrs. Perry and Houston or Worth-
House Bill No. 714. A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish a Board or Commissioners or Roads and Revenues or Worth County".so as to change,revise and define the jurisdiction;and tor other purposes.
,
The follow1ng message tram the House was received through Andrew J. Kingery,Clerk. Mr. President:
The House has agreed to the Senate amendment to the following Bill of the House: By Messrs. Perry and Houston ot Worth-
House Bill No. 715. A Bill to be entitled an Act to amend an Act establishing a City Court in the City or Sylvester;and tor other purposes.
The following message or the House was received through Andrew J. Kingery,Clerk:

MoNDAY, MARCH 11, 1935.

1213

Mr. President: The House has agreed to the Senate substitute to
the following Bill of the House:

By Messrs. Lanier,Harris and Barrett of Richmond.House Bill No. 533. A Bill to be entitled an Act
to abolish Justice Courts in R1cbmond County,and in lieu thereot,establish a Municipal Court,and tor other purposes.

The following message from the House was received through Andrew J. Kingery,Clerk;

Mr. President:

The House has disagreed to the Senate Amendment to the following Bill of the House:

By Messrs. Lanier,Harris and Barrett ot RichmondHouse Bill No. 12. A Bill to be entitled an Act
to propose an Amendment to the Constitution of ~eorgia,so as to authorize the General Assembly to classify property tor taxation;to l~it the State Tax on real estate and also limit the tax on intangible property,and tor other purposes.

The following bill of the Senate,which was reconsidered on March 8th,was taken up for consideration:

By Senator McLeod of the 9th District-

Senate Bill No. 127. A Bill to be entitled an Act

to amend an the highway

mAcilteaagpeprobvyeaddAdiunggusat d2d0i1~1i9o2n9~1

designat mileage

i

n

g

from Elmodel through Milford to Arlington,Georgia;

and tor other purposes.

Senator McLeod of the 9th District offered the following substitute for Senate Bill No. 127:

A BILL
To be entitled an Act to amend an Act approved August 20, 1929 designating the highway mileage by adding additional mileage tram Elmodel through

1214

JouRNAL or THE SENATE,

Milford to Arlington,Georgia;and for other purposes. section 1. Be it enacted by the General Assembly
or Georgia and it is hereby enacted by authority of the same,that on and after the passage of this Act the highway leaving State Highway No. 37 at Elmodel Bridge and running through Mllford,Georgia to State Highway No. 45 leading into Arlington, Georgia,(a distance of approximately 10 miles) shall beadded to the Neill-Traylor Map of Georgia.
Section 2. Be it fUrther enacted that,by the addition of said road on said map and the placing ot said road on said map there arises no obligation either express or tmplied,that the State o! Georgia or the Highway Department of Georgia shall be responsible tor any maintenance on said road . . nor shall the addition of said road to said map entitled the county or counties in which said road is located to receive its pro rata part of the
1t gasoline tax allocated to said-county as to
said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon,be filed with the Secre-
tary of State as nowprovided by law.
Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repeale.d.
The substitute was adopted. The report of the committee,which was favorable to the passage or the bill,by substitute,was agreed to On the passage ot the bill,by substitute,the ayes were 26, nays 0. The b1ll,by subst1tute,hav1ng received the requisite Constitutlonal majority,was passed.

MoNDAY, MARCH 11, 1935.

1215

The following general bills or the Senate and House will local application were read third time and put upon their passage: By Senator Thomas or the 33rd District-
Senate Bill No. 144. A Bill to be entitled an Act to amend an Act designating the highway mileage, by adding additional mileage tram Lula,Hall County, Georgia,througn a portion or Hall County,Banks County and Franklin County,to a point on State Highway No. 59;and ror other purposes.
The committee orrered the following amendments to Senate Bill No. 144:
By adding an additional section to be known as Section 3,as follows:
section 3. Be it turther enacted that,by the addition or said road on said map and the placing or said road on said map there arises no obligation either express or ~plied,that the state or Georgia or the Highway Department or Georgia Shall be responsible tor any maintenance on said road nor shall the addition or said road to saia map entitle the county or counties in which said road is located to receive its pro rata. part or the lt gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formallY designated as a State Aid Road b,y the State Highway Board or Georgia by appropriate action as now provided by law and a map, showing said road thereon,be tiled with the Secretary or State as now provided by law.
To further amend said bill by renumbering the repealing Clause Section 4.
The amendments were adopted.
The report ot the committee,which was favorable
to the passage or the b111,as amended,was agreed to.
on the passage or the b111,a~ amended,the ayes
were 33,nays 1.

1216

JouRNAL OF THE SENATE,

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

By Senator Johnston of the 39th DistrictSenate Bill No. 158. A Bill to be entitled an
Act to provide tor the payment or a salary in lieu or tees to sheriffs in certain counties in this State;and !or other purposes.

The report or the committee,which was tavorable to the passage ot the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

26,

The bill having receivad the requisite Constitutional majority,was passed.

By Senator Smith or the 24th DistrictSenate Bill No. 187. A Bill to be entitled an
Act to prohibit the use or convicts sentenced tor either felonies or misdemeanors in certain counties; and !or other purposes.

The report or the committee,which VFdS favorable to the passage or the bill,was agreed to.

On _nays

oth.e

passage

or

the

bill

the

ayes

were

31,

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

By Senator Dennis ot the 28th DistrictSenate Bill No. 191. A Bill to be entitled an
Act to repeal an Act approved August 13,1910,prov1d1ng tor the election or the Solicitor or the County Court or Putnam County,and for his ter.m or office and fixing the salary or such Solicitor; and tor other purposes.

The report or the committee,wn1ch was favorable to the passage or the b1ll,was agreed to.

MoNDAY, MARCH 11, 1935.

1217

On the passage o! the bill the ayes were 31,
nays o.

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

By Senator Carrington o! the 27th DistrictSenate Bill No. 194. A Bill to be entitled an
Act to add mileage in Barrow and Hall Counties to the State Highway System o! Georgia;and !or other purposes.

The report o! the committee,which was favorable to the passage o! the bill,was agreed to.

On nays

toh. e

passage

o!

the

bill

the

ayes

were

32,

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

By Senator Pope o! the 15th DistrictSenate Bill No. 201. A Bill to be entitled an
Act to amend the Traylor-Neill map so as to add road beginning on the State Route No. 29,in Vidalia, Georgia,and running in a North-Easterly direction to a point about !our miles above Vidalia;and for other purposes.

The report o! the cammtttee,which was favorable to the passage o! the bill,was agreed to.

On
nays

oth.e

passage

o!

the

bill

the

ayes

were

32,

The bill having received the requisite Constitu-. tional majority,was passed.

By Senator Cannon o! the 40th DistrictSenate Bill No. 205. A Bill to be entitled an
Act to increase the mileage o! the State Aid Road System 1n the Counties o! Fannin,Union and Lumpkin; and for other purposes.

1218

JouRNAL oF THE SENATE,

senator Cannon or the 40th District orrered the following substitute tor Senate Bill No. 205:

A BILL

.

To be entitled an Act to amend an Act entitled

"Highway Mileage" as same appears in the Acts ot

the Georgia Legislature ot 1929,pages 260 through

268 and including the map opposite page 268 ot

said Acts or 1929,so as to add to said map a road

tram Stone Pile Gap on Route 9 in Lumpkin County

to Morganton,on Route 2,in Fannin County,running

by woody Gap in.Union County,said road being in

Lumpkin,Un1on and Fannin Counties and or an approx-

imate distance or 35 miles;to provide that the

addition or said road on said map shall not require

payment or gasoline tax or maintenance by the State

Highway Department ot Georgia until said road is

formally designated as a State Aid Road by the

State Highway Board ot Georgia,and tor other pur-

poses.

SECTION ONE. Be it enacted by the General Assembly or the State or Georgia and it is hereby enacted by authority ot the same that certain Act or the Georgia Legislature known as the Neill-Traylor Bill,as said bill appears in the Acts ot the Georgia Legislature of 1929,pages 260 through 268 together with the map opposite page 268 or said Acts ot 1929,be and the same is hereby amended b,y placing on said map as tully and completely as though originally drawn on said map that certain road tram Stone Pile Gap on Route 9 in Lumpkin County to Morganton,on Route 2,in Fannin County,running by Woody Gap in Union County,said road being in Lumpkin,Union and fannin Counties and or an approximate distance ot 35 miles~ with the right and authority in the Highway Department to locate or relocate said road in Whole or in part. Be it further enacted that,it and when said road is so designated by the State Highway Board or Georgia as a State Aid Road,same shall not be considered a part ot the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill.

MoNDAY, MARCH 11, 1935.

1219

SEC~ION TWO.

Be lt further enacted,that,by the addition or

said road on said map there arises no obligation on

the part of the State or the State Highway Depart-

ment,to maintain said road nor to allow the counties

in Which said road is situated to participate in

that tax known as the ngas taxa unless and until the

said road,or any relocation thereot,is formally

designated as a State Aid Road by the State Highway

Department,or Georgia and a map,showing said road

thereon,be tiled by the Highway Department,or its

duly constituted agent,with the Secretary or State

as now provided by law.



SECTION THREE. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed.

The substitute was adopted.

The report of the committee,Which was favorable

to the passage of the bill,by substitute,was agreed

to.



On the passage of the bill,by substitute,the ayes were 32,nays 0.

The bill,by substitute,having received the requisit~ Constitutional majority,was passed.

By Senator Scott of the 7th DistrictSenate Bill No. 220. A Bill to be entitled an Act
to increase the mileage or the State Aid Road System by the addition of a highway known as the PavoHomerville Road,beginning at Pavo,and running in an easterly direction through Barney,Hahira and Lakeland;and tor other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

26~

1220

JouRNAL oF THE SENATE,

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

BY Senator Atkinson of the lst DistrictSenate Bill No. 225. A Bill to be entitled an
Act to grant to the United States of America certain ungranted lands in Chatham County;and for other purposes.

The report ot the committee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 26, nays 1.

The bill having received the requisite Constitutional ~Ajority,was passed.

By Messr,s. Bloodworth,Bowden and Freeman of BibbHouse Bill No. 105. A Bill to be entitled an
Act to repeal an Act which provides the ttme at which primary elections tor nomination tor County officers Shall be held in certain counties ot.this State,and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

33,

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

BY Mr. McCracken ot JeffersonHouse Bill No. 475. A Bill to be entitled an Act
to amend an Act approved August 7,1918,ent1tled
"An Act to change the board or roads and revenues
or Je!!erson County,so that said board Shall consist or three men instead of one"~and tor other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage ot the bill,was agreed to.

MoNDAY, MARCH 11, 1935.

1221

On
nays

toh. e

passage

or

the

bill

the

ayes

were

26,

The bill having_received the requisite Constitutional majority,was passed.

By Messrs. Hartsfield,Almand and Ramsey or FultonHouse Bill No. 500. A Bill to be entitled an Act
to provide for the filling of the vacancy in certain county offices in counties having a population of 200,000 or more,and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

o.On the passage or the bill the ayes were 33,nays

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

By rt.~ a Campbell of NewtonHouse Bill No. 685. A Bill to be entitled an Act
to designate the Covington-to-Porterdale State Highway in Newton County as the Oliver S. Porter Memorial Road,and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

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

By Messrs. Terrell and West of HallHouse Bill No. 754. A Bill to be entitled an Act
to amend an Act establishing the Lula School District, by providing for election or members,det1n1ng the powers and duties of the Secretary,and for other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the bill,was agreed to.

1222

JouRNAL oF THE SENATE,

On the passage of the bill the ayes were 28,
nays o.

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

The following general bills of the Senate and House were read third time and put upon their passage-

By Senator Kirkland.of the 49th DistrictSenate Bill No. 203. A Bill to be entitled an
Act to provide ror the leasing and controlling ot the Statets property in the City of Chattanooga, Tenn.inot covered by the Western and Atlantic Railroad ease;and tor other purposes.

The report or the committee,which was favorable to the passage ot the bill,was agreed to.

On nays

toh. e

passage

ot

the

bill

the

ayes

were

34,

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

By Messrs. Terrell,Davis,and Groover of TroupHouse Bill No. 132. A Bill to be entitled an
Act to authorize the Board of Regents to dispose or real and personal property,and tor other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

26,

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

By Mr. Whaley of TeltairHouse Bill No. Z38. A Bill to be entitled an Act

MoNDAY, MARCH 11, 1935.

1223

to provide tor investment ot University System funds in State bonds,and tor oth~r purposes.
senator Vaughn or the 34th District orrered the following amendment to House Bill No. 238:
By adding the following Sections: Section 4. For the redemption ot any valid matured bond ot this State presented as the property or the University System ot Georgia,bonds may be issued at the option or the Regents as provided in Section 1 or this Act,provided,however,that the provisions or this Section Shall not be operative in any year tmtil the constitutional Sinking Fund redemptions have been made tor that year.
Section s. The State Treasurer is authorized
and directed to pay to the Regents or the University interest on past-due 7% bonds to July 1,1935,. at the rates named in this Act.
Section 6. The A~~,approved September 30,1881, entitled: "An Act to make permanent the income ot the University or Georgia" as amended by the Act, approved December 20, 1898,(Code 1933,Section 32134) is hereby repealed. Any other laws or parts or laws in contlict herewith are hereby repealed.
The amendment was adopted. The report or the comm1ttee,Which was favorable to the passage ot the bill,as amended,was agreed to. On the passage or the bill,as amended,the ayes were 30, nays 0. The bill,as amended,having received the requisite Constitutional majority,was passed. By Messrs. Hartstield,Almand and Ramsey or FultonHouse Bill No. 70. A Bill to be entitled an Act to amend the General Tax Act,by providing a lower and different tax on dealers,d1str1butors or soli-

1224

JouRNAL oF THE SENATE,

citors,Autamobile and Truck,not including wholesale dealers located in a county having a city or 200,000 inhabitants or more and at a distance or titteen miles or more tram said city limits,and tor other purposes.

Senator Millican or the 35th District orrered the following amendment to House Bill No. 70:

By Striking the numeral "11" in line ten or sec-
tion l,and thewords: "paragraph 11 in line eleven or said section l,and turther by striking the numeral 8 12" in line 46 or said bill,and the words paragraph 12. in line 47 or said bill;the purpose gf this amendment being to make said bill contor.m tully and clearly with the Code or Georgia or 1933 as to the section numbers and paragraphs therein enumerated.

The amendment was adopted.

The report or the co~ttee,which wa,s favorable to the passage or the bill,as amended,was agreed to.

On were

2th9e,npayasssaog.e

or

the

bill,as

amended,the

ayes

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

By Senator Millican or the 35th DistrictSenate Bill No. 214. A Bill to be entitled an
Act to amend sections 26-6301 and 26-6302 or the Penal Code or 1933 which provides 1n each section that the punishment therein shall be as tor a misdemeanor tor the sale or obscene literature, pictures,etc.;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

30,

MoNDAY, MARCH 11, 1935.

1225

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

Senator Millican or the 35th District asked unanimous consent that House Bill No. 70 and Senate Bill No. 214 be immediately transmitted to the House and consent was granted.

By Senator Pope of the 15th DistrictSenate Bill No. 153. A Bill to be entitled an
Act to amend section 49-810 or the Code or 1933 by adding thereto a provision authorizing the Ordinaries or this State to allow guardians or incompetent veterans to expend guardianship tunds for the support or dependent parents or such veterans, and for other purposes.

The report or the comm1ttee,wh1ch was favorable to the passage or the bill,was agreed to.

On nays

the
o.

passage

or

the

bill

the

ayes

were

31,

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

Senator Pope or the 15th District asked unanimous consent that Senate Bill No. 153 be immediately transmitted to the House and consent was granted.

By Senator Beasley of the 2nd DistrictSenate Bill No. 133. A Bill to be entitled an
Act to provide for the redemption of real estate, sold under any execution or by virtue of any judgment of a court of record or under any deed or trust,power of sale in a mortgage; and for other purposes.

Senator Beasley or the 2nd D1st~1ct asked unanimous consent that turther consideration or Senate Bill No. 133 be deterred and the consent was granted.

Senator Scott of the 7th Distr1ct,V1ce-Gha1rman of the Committee on Rules,announced that the Calen-

1226

JouRNAL oF THE SENATE,

dar of business fixed ror the days morning session was amended by adding thereto,Senate Bills with House amendments for the purpose of agreeing or disagreeing to said amendments.

By senator Dennis of the 28th DistrictSenate Bill No. 193. A Bill to be entitled an
Act to provide for the payment of State,County and school ad valorem taxes in quarterly payments; and tor other purposes.

Senator Larsen of the 16th District and Senator King of the 11th District offered an amen~ent.

The amendment was adopted.

The report or 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 15,nays 24.

The bill as amended,baving failed to receive the requisite Constitutional majority,was lost.

Senate Bill No. 61 by Senators Simmons of the

8th District establishing

and and

dGeafryinionfgththee1G2tehorDgiias-tFrilocrt1adabill

Military Hignway,was taken up for the purpose of

Considering the following House substitute thereto:

A BILL To be entitled an Act to establish and de!ih~ the Georgia-Florida Military Highway to provide for the indenti!ication thereof and lor other purposes.

SECTION ONE. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that there is hereby established the Georgia-Florida Military Hignway,when funds are available and highway surveyed,!or said Military Highway,which

MoNDAY, MARCH 11, 1935.

1227

highway is defined as tollows: Beginning at Columbus,Georgia!thence to Fort Benning,Georgia,thence to or near Gusseta,Georgia,and proceeding thence along said State Highway No. 1 to or near Lumpkin, Georgia,and to or near Cuthbert,Georgia;thence tram Cuthber't,Georgia to or near Bainbridge,Georgia; thence tram Bainbridge,Georgia,to or near Faceville, Georgia;thence along or near what is lmown as the Faceville-Ghattahoochee Road-to the Florida line in or near Chattahoochee,Florida.
SECTION TWO.
Be it rurther enacted by the authority aroresaid that all laws and parts or laws in con!lict are hereby repealed.
The Senate adopted the House substitute !or sen-
ate Bill No. 61. Senate Bill No. 147 by Senator Larsen or the 16th
District,a bill providing !or the salary or the Solicitor General or the Dublin Judicial Circuit, was taken up !or the purpose or considering House amendments thereto as follows:
By the committee or the House on Counties and County Matters:
By striking tram Section 2,in the tenth line the words andtigures:"Johnson County Shall pay $550.00 per annumand substituting in lieu thereof the following: Johnson County shall pay $500.00 per annum''.
B.Y striking tram Section 2,the eleventh line as follows: "Laurens County shall pay $1700.00 per annum". and substituting in lieu thereor the following: Laurens County shall pay $1800.00 per an-
nl11il ...
By striking trom Section 2,in the twelfth line the following: Twiggs County shall pay $550.00 per annum", and substituting in lieu thereor the following: "Twiggs County shall pay $500.00 per annum."

1228

JouRNAL oF THE SENATE,

The Senate agreed to the House amendment~ to Senate Bill No. 147.

senate Bill No. 79 by Senator Millican or the 35th District,a bill providing that when any security deed ot mortgage is foreclosed the land described in such deed or mortgage shall no longer constitute a lien against the person giving such security deed or mortgage,was taken up tor the purpose ot considering a House substitute thereto:

A BIU. To be entitled an Act to amend an Act entitled 8 Power or Sale in deeds or trust,etc.b8ing code Section 37-607 ot the Code or Georgia ot 1933; to provide tor application to judge or superior court, sitting as a court ot equity and without the intervention of a jury tor eontir.mation ot said sales, to provide the issuing or rule ni si,notice to mortgagor,grantor,their.heirs,legal representatives,successors or assignees ot grantor or mortgagor to provide tor hearing rule ni si and confirmation ot sale;to provide tor determ1n1ng the reasonable market value;to provide tor readvertisement in the event same is not confirmed; to provide tor limitation or bringing action tor detic1eney tor contracts executed atter the passage or this Act;to provide that the provisions ot Act shall apply to real estate only;and tor other purposes.

Be it enacted by the General Assembly ot Georgia

and it is hereby enacted by the author!ty or the

same that tram and after the passage or this Act

the Act entitled, Power ot Sale 1n deeds ot trust,

etc.,being code seet1on37-607 ot Code or Georgia

ot 1933 be and the same hereby 1s amended by adding

thereto the tollowing:



SECTION 1. All persons,tinns or corporations

hereinafter exercising the power or sale in deeds

or trust mortgages and other instruments covering

real make

esta writ

te te

n,Bahpaplll1iacattteiornt

he to

sale or said the Judge ot

property, the super-

ior court in the county in Which the real estate is

MoNDAY, MARCH 11, 1935.

1229

located or fractional part thereof,sitting as a court of EQUITY and without the intervention of a jury tor a confirmation of the sale so held under the exercise of the power of sale. Title to the property so sold Shall not pass to the purchaser until the confirmation of said sale as hereinafter provided.
SECTION 2. The judge of the superior court sitting as court of EQUITY and without the intervention of a jury shall immediately upon the filing of said application with the said judge issue a rule n1 si directing that the grantor,mortgagor,their heirs, successors or legal representatives or the assignees of the grantor or mortgagor shall Show cause before the judge sitting as aforesaid why the sale should not be confirmed and the heari~ on said rule ni si shall be not less than fUteen (15) days nor more than twenty-five (25) days from the date of issuing same.
SECTION 3. Said rule ni si shall be served on the grantor,mortgagor,their heirs,successors,or legal representatives or the assignees of the grantor or mortgagor at least ten (10) days before said hearing,if a resident of the State or Georgia and if said grantor,mortgagor,their heirs or legal representatives or successors or the assignees of the mortgagor or grantor shall be non-residents of the State of Georgia or their whereabouts be unknown the judge aforesaid may order service by publication of said rule ni si once a week tor one (lJ week in the official paper or the County where the land is situated. The mortgagor,grantor,their heirs,legal representat1ves,successors or assignees of the grantor or mortgagor, if they desire to be heard on said rule n1 si Shall serve written notice on the party or parties making application tor confirmation of said sale and/or their attornies at law, at least five (5) days before said hearing.
SECTION 4. In the event the purchase price of said property at said sale Shall equal the amount of the indebtedness claimed under the instrument in

1230

JouRNAL OF THE SENATE,

which the power or sale has been exercised,then and in that event the judge sitting as aforesaid is hereby empowered to hear evidence,by oral testimony or sworn a!!idavits,on the question or the notice to the grantor,mortgagor,their heirs,legal representatives,successors or the assignees or the grantor or mortgagor and to determine the surriciency thereof and said judge aforesaid shall be rurther empowered to hear evidence by oral testimony or sworn affidavit on the manner and method or exercise of the power or sale and if the judge aforesaid shall determine that the power or sale has been fairly exercised in the manner now prescribed by law he shall confirm said sale.
SECT!ON 5. In the event that the purchase price at said sale shall not equal the price or the said indebtedness under the instrument aforesaid, but shall be less than the indebtedness cla1med,then and in that event the judge aforesaid shall not conri~ said sale if in his opinion the bid or the purchaser is not a !air and reasonable market value or said property. rr the judge aforesaid shall determine that the bid or the purchaser at said sale is not a tair and reasonable market value or said property the purchaser at said sale is not a tair and reasonable market value or said property the purchaser shall be given the right within twenty-tour (24) hours or said hearing to increase his bid up to the !air and reasonable market value ot said property as determined by the judge sitting as atoresaid,but not to exceed the amount ot the debt in which event said sale shall be confirmed by the judge aforesaid. rr the purchaser w111 not raise his bid and/or ror any reason the judge shall determine as hereinbefore provided that the sale has not been fairly exercised in manner provided by law,the judge atoresa1d Shall immediately order the property resold under the power or sale.
SECTION 6. Be it turther enacted that the confirmation or the sale or property under the power ot sale as provided in this Act shall be a eamplete

MoNDAY, MARCH 11, 1935.

1231

bar to any suit or action for a deficiency or the difference between the sale price or said property so confirmed and the amount or the secured indebtedness under the instrument so roreclosed,unless, the applicant or assigns institute a suit therefor within nine (9) months from the date or the confirmation or said sale. Provided,however,that this Section shall apply only to contracts made and entered into after the passage or this Act.
SECTION 7. Be it further enacted that the provisions or this Act shall apply only to instruments conveying real estate.
SECTION a. Be it further enacted that if any Section or this Act shall be held unconsti~ltional, it shall not arrect other sections not in conflict therewith which are constitutional.
SECTION 9. Be it further enacted that all laws and parts or laws in conflict with this law be and the same are hereby repealed.
The Senate disagreed to the House substitute to Senate Bill No. 79

The President appointed as a committee or conference on the part or the Senate on Senate Bill No. ?9 the following:
Senators Atkinson ot the 1st District,Goodwin of the 20th District,Klng of the 11th District.
The President announced that the hour or adjournment having arrived that the Senate stood adjourned until 2:00 otclock P.M. this day.
AFTERNOON SESSION The President called the Senate to order. The Rules Committee fixed the following order ot ousiness for the afternoon session today,March 11th:

1232

JouRNAL OF THE SENATE,

House Bill No. 117--0perating motor vehicles under the influence or intoxicant.
Senate Bill No. 168-Ratitying and confirming all verdicts and judgments rendered in divorce cases rendered by parties at the first appearance term or court.
Senate Bill No. 176--Qperating motor vehicles under influence or intoxicant.
Senate Bill No. 86--To make county Superintendent treasurer or school district.
Senate Bill No. 204--To turther regulate granting new trials.
House Bill No. 28--Require reflectors on all vehicles on public roads at night.
House Bill No. 333--To make assemblymen eligible :ror appointment during term or office.
House Bill No. 392--Tax on oleomargarine. Provided,the President shall have authority to call up Reports or Standing Committees and House Bills :ror first reading and reference at any t1me in his discretion at any part or the afternoon session. Senate Bill No. 167--Relating to a board or accountants and auditors. The following resolution or thesenate was read and adopted: By Senator Rucker or the 50th DistrictSenate Resolution No. 105. A Resolution designating the "Brown Thrasher" as the official bird or .Georgia. The following bills or the Senate and House were read third time and put upon their passage:
By Mr. Almond or FultonHouse Bill No. 117. A Bill defining the o:r:rense
or operating a motor vehicle while under the influ-
ence or intoXicating liquors or drugs; and tor other
purposes.

MoNDAY~ MARCH 11, 1935.

1333

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 14,nays
23 ..

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

By Senator Cooper of the 22nd DistrictSenate Bill No. 168. A Bill to be entitled an Act
to provide for the trial of all cases in courts or this State at the first term thereof by consent or the parties thereto;and for other purposes.

Senator Cooper of the 22nd District and Senator Skelton of the 30th District offered the following substitute for Senate Bill No. 168:
A BILL To be entitled an Act to regula~e procedure in the courts of this State by providing for the trial of all cases at the first or appearance term where the parties consent thereto;by ratifying and confirming all verdicts and judgments rendered in divorce cases heretofore tried and rendered by parties at the first or appearance term of any court;providing a period or limitation within which the defendant in any divorce case tried at the first or appearance term shall move to set aside the verdict orjudgment therein rendered;and tor other purposes.

BE IT ENACTE~ BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That all cases in the courts or this
State may be tried at the first or appearance term, provided the same are ready for trial,upon the consent of the parties thereto,which consent shall be

1:?34

JouRNAL OF THE SENATE,

entered upon the docket or minutes of the court. SIDTION 2. That all verdicts and judgments here-
tofore.rendered in any divorce case tried at the first or appearance term by the consent of the parties thereto,shall be,and they are hereby declared to be,legal and binding and of the same effect as if such cas.es bad been tried at the trial term of such court.
SEX:TION 3. That any final verdict or judgment heretofore rendered by virtue of the trial of any divorce case in any court of this State at the first or appearanc~ term,whether with or without the consent of the parties thereto,shall be and the same is hereby declared to be,legal. and binding and of the same terce and effect as if such divorce case bad been tried at the trial term,unless the defendant, or other person against whom such verdict or judgment was rendered,shall move to set the same aside within six months tram the date or the aPproval or this Act.
SIDTION 4. That all verdicts and judgments hereafter rendered in any divorce case in any court of this Stat~ at the appearance term shall be{and the same are herebY declared to be,legal and b nding and of the same force and effect as if rendered at the trial term,whether such case was tried at the appearance term with or without the consent of the parties thereto,unless the defendant or other person against whom such verdict or judgment was rendered,sball move to set the same aside within six months tr<D the date thereof.
SECTION 5. '!'hat all laws and parts of laws 1n contl1ct with this Act be and the same are hereby repealed.
The substitute was adopted.
The report or the camn.1ttee,wh1ch was favorable
to the passage of the b1ll,by substitute,wa.s agreed to.

MoNDAY, MARCH 11, 1935.

1235

on the passage or the bill,by substitute,the ayes
were 27, nays 1.

The billrbY substitute,baving received the requi-

site Constltutional majority,was passed.



By Senator wright ot the 38th DistrictSenate Bill No. 176. A Bill to be entitled an Act
amending the Code ot 1933 by providing that drivers ot motor vehicles or motorcycles on the public streets or highways while under the 1ntluence ot intoxicating liquors or drugs shall be prohibited tram operating such vehicles tor a period or 12 months trom date or conviction in addition to misdemeanor punishment;and tor other purposes.

Senator Rucker or the 50th District ottered the following amendment:

By inserti~ after the words -"1933,and upon" the word "second.

The amendment was adopted.

The report ot the cammittee,wnich was favorable to the passage or the bill,as amended,was agreed to.

On the passage or the bill,as amended,the ayes were 26, nays 6.

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

By s~nator Chappell or the 13th Districtsenate Bill No. 167. A Bill to be entitled an Act
to enlarge and define the powers and duties ot the State AUditor;and tor other purposes.

Senator Chappell or the 13th District ottered a substitute tor Senate Bill No. 167.

Senat~r Crawford or the 42nd District moved that Senate B111 No. 167 and the substitute thereto be tabled and the motion prevailed.

1236

JouRNAL oF THE SENATE,

By Senator Rawlins o! the 45th District-

.

Senate Bill No. 86. A Bill to be entitled an Act

to make the County SChool Superintendent the trea-

surer o! the school districts in each county o! the

State;and !or other purposes.

Senator Rucker o! the 50th District o!!ered an amendment which was adopted.

The report o! the comm1ttee,which was !avorable to the passage o! the bill,as amended,was agreed to.

On the passage o! the bill,as amended,the ayes were 13, nays 23.

The bill,as amended,having !ailed to receive the requisite Constitutional majority,was lost.

By Mrs. Coxon o! LongHouse Bill No. 28. A Bill to be entitled an Act
to require all horse or mule drawn vehicles or other vehicles propelled by muscular power,using the public roads and highways o! this State at night to be equipped with lights or re!lectors, and !or other purposes.

The committee o!!ered the !ollowing amendment to the House Bill No. 28:

By striking there!ram in its entirety Section 2, and by numbering the remaining Sections o! said bill accordingly.

'rhe amendment was adopted.

The report o! the committee,which was !avorable to the pass~ge ot the b1ll,as amended,was agreed to.

On
were

3t h4e, npayasssaog.e

o!

the

bill,as

amended,the

ayes

The bill,as amended~ving received the requisite Constitutional majori~,was passed.

MoNDAY, MARCH 11, 1935.

1237

Senator Jones or the 17th District asked unanimous consent that House Bill No. 28 be ~ediately transmitted to the House and consent was granted.
The President lett the Chair and Senator Vaughn or the 34th District presided.
Mr. Clarke ot the 44th District,Chairman of the Committee on Counties and County Matters,subm1tted the following report: Mr. President:
Your Committee on Counties and County Hatters have had under consideration the toll&Wing Bills or the House and have instructed me as Chairman to report the same back to the Senate with the roilowing recommendations:
House Bill No. 249, do pass,as amended. House Bill No. 266, do pass. House Bill No. 391, do pass. House Bill No. 755, do pass. House Bill No. 763, do pass. House Bill No. BOB, do pass;by substitute. House Bill No. 250, do pass,as amended. House Bill No. 279, do pass,as amended. House Bill No. 278, do pass,as amended. House Bill No. 244, do pass,as amended. House Bill No. 803, do pass.
Respectfully submitted, Clarke ot 44th District, Chairman.
Mr. Sinnnons of the 8th District,Chairman of the Committee on Finance,submitted the following report: Mr. President:
Your Committee on Finance have had under conside~ ation the following Bill of the House and have instructed me as Chainnan, to report the same back to the Senate with ~e following recommendation:

1238

JouRNAL oF THE SENATE,

House Bill No. 397, do pass. Respectfully submitted, Simmons or 8th District, Chairman.
Mr. Johnson or the 31st District,Chairman or 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 or the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
House Resolution No. 92-474b, do pass. Respectfully submitted, Johnson or 31st District, Chairman.
Hr. Darden or the 5lst District.Chairma.n or the Committee on State or the Republic,submitted the following report: Mr. President:
Your Committee on State or the Republic have had under consideration the following Bills and Resolution or the Senate and House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Resolution No. 54-298a, do pass. House Bill No. 7 do pass. Senate Bill No. 217, do pass.
Respectfully submitted, Allen W. Darden or 51 District, Chairman.

Mot.lDA, MARCH 11, 1935.

1239

Mr. Skelton ot the 30th District,Cbairman ot the Camn1ttee on General Judiciary No. l,subm1tted the tollowing report: Mr. President:
Your Committee on General Judiciary No. 1 have bad under consideration the tollow1ng Bills ot the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the tollow1ng recommendations:
Senate Bill No. 228, do pass. House Bill No. 16, do pass. House Bill No. 77, do pass. House Bill No. 602, do pass. House Bill No. 638, do pass. House Bill No. 662, do pass.
Respectfully submitted, J.H. Skelton ot 30th District,
CM1rman.
Mr. Beasley ot the 2nd District,Chairman ot the Committee on Highways and Public Roads,submitted the following repo~t: Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following Bills and Resolution or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Resolution No. 171-763c, do pass. House Bill No. 484, do pass. House Bill No. 363, do pass.
Respectfully submitted, Beasley or 2nd District, Chairman.

1240

JouRNAL OF THE SENATE,

The !ollow1ng bills of the House,!avorably re-
ported bY Committees were read the second time:

By Mr. Button of WilkesHouse Bill No. 7. A Bill to create and establish
a State Police Patrol,to provide for the drivers license;and !or other purposes.

By Hr. Spivey of EmanuelHouse Bill No. 16. A Bill providing for the
appointment of special officers upon request of common carriers;and tor other purposes~

By Mr. Thompson of MuscogeeHouse Bill No. 77. A Bill to amend the Code or
Georgia Which defines the offense or kidnapping; and for other purposes.

By Mr. Brown or Glynn-

House Bill No. 244. A Bill to consolidate the

ottice or Tax Receiver and Tax Collector;and tor

other purposes.



By Mr. Brown or GlynnHouse Bill No. 250. A Bill to amend an Act to
establish the City Court or BrunswiCk;and tor other purposes.

By Mr. Brown of GlynnHouse Bill No. 266. A Bill to amend the Code or
. Georgiail933,providing that certain sections Shall not app y to certain count1es;and tor other purposes.

By Mr. Brown or GlynnHouse Bill No. 249. A Bill to amend an Act to
change tram the tee to the salary system in certain counties;and tor other purposes.

By Mr. Brown of GlynnHouse Bill No. 278. A Bill to repeal an Act to
create a Board or Commissioners of Roads and Revenues in the County or Glynn;and for other purposes.

MoNDAY, MARCH 11, 1935.

1241

By Mr. Brown ot GlynnHouse Bill No. 279. A Bill to create a Board ot
Commissioners ot Roads and Revenues tor Glynn County;and tor other purposes.

By Mr. Hooks ot GlascockHouse Bill No. 391. A B111 to amend the Code ot
Georgia ot 1933 proViding tor persons subject to road duty;and tor other purposes.

By Hr. Allen ot Baldwin-

.

House Bill No. 397. A Bill to amend the Code ot

Georgia relating to bond to be given by State de-

positories;and tor other purposes.

By Messrs. Harris ot Richmond and Cohen ot ChathamHouse B1ll No. 602. A B1ll to increase the
powers ot duties ot temporary adm1nistrators;and tor other purposes.

By Mr. Watson ot PauldingHouse Bill No. 662. A Bill to prohibit certain
persons tro.m buying or selling to certain class1tied counties anything whatsoever;and tor other purposes.

By Messrs. Parker and Shirah ot Colqu1ttHouse B1ll No. 638. A B1ll to repeal an Act en~
erating the person subject to road duty in certain counties;and tor other purposes.

By Mr. Johnston ot UpsonHouse Bill No. 755. A Bill to provide tor the
election ot and t1x the compensation ot the chairman ot the Board ot Commissioners ot Roads and Revenues ot Upson County;and tor other purposes.

By Mr. Teasley ot CherokeeHouse Bill No. 763. A Bill to tix the amount ot
bond ot the Bher1tt ot Cherokee County;and tor other purposes.

By Mr. Booth ot BarrettHouse Bill No. 803. A Bill to repeal an Act which

1242

JouRNAL OF THE SENATE,

abolished the office of C~~ty Treasury of Barrett County;and !or other purposes.

By Mr. Whaley of Tel!airHouse Bill No. 808. A Bill amending an Act
creating the office o! Commissioner o! Roads and Revenue or Telfair County;and !or other purposes.

By Messrs. Parr o! Taylor and Johnston o! UpsonHouse Bill No. 363. A Bill to amend an Act pro-
viding for the issuance o! certificates of indebtedness by the Highway Department to certain counties;and for other purposes.

By Mr. Gnann of EffinghamHouse Bill No. 484. A Bill to amend the Neill-
Traylor Highway Map adding a road beginning at all Ebenezer Church in Effingham County;and !or other purposes.

The following Resolutions of the House,!avorably reported by Comm~ttees,were read the second time:

By Messrs. Gardner o! Candler,Cohen of Chatham,and Mrs. Coxon of Long-
House Resolution No. 54-298a. A Resolution directing the Governor to proclaim October llth.o! each year "General PulaskisMemorial Day";and !or other purposes.

By Messrs. Parker and Shirah o! ColQUitt-

House Resolution No. 92-474b. A Resolution pro-

posing an amendment to the Constitution authoriz-

ing the City of Moultrie to pass and enforce zoning

laws;and for other purposes.

-

By Messrs. Bloodworth,Freeman and Bowden of BibbHouse Resolution No. 171-763c. A Resolution
designating the Bridge over the Ocmulgee River at Spring Street 1n the City or Macon as the W.L. (Young) Stribling Memorial Bridge.

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

MoNDAY, MARCH 11, 1935.

1243

By Senator Lester or the 18th D1strict;Senator McGinty ot the 43rd District-
Senate Bill No. 217. A Bill to create the cammission to inquire into the organization and duties or county and municipal governmental untts;and tor other purposes. By Senator Atkinson or the lst;Senator Lester ot the 18th Districts-
Senate Bill No. 228. A Bill granting author!ty to the governing bodies ot the counties or this State the right to tax all kinds or business outside the corporate l~its;and tor other purposes.
The following bills ot the House were read the first time and reterred to Committees: By Messrs. Moye and Blease ot Brooks-
House Bill No. 47. A Bill to prohibit the ~por tat1on in Georgia tram other states,swine or any kind;and tor other purposes.
Committee on Agriculture. By Messrs. Parker and Shirah or Colqu1tt-
House Bill No. 51. A Bill designating the Tart Memorial H1gnway;and tor other purposes.
Committee on Highways and Public Roads. By Mr. Morris ot Douglas-
House Bill No. 83. A Bill to amend the Code ot Georgia enumerating who is subject to road duty; and tor other purposes.
Committee on Special Judiciary. By Messrs. Blease and Moye ot Brooks-
House Bill No. 99. A Bill to repeal an Act changing trom the tee to the salary system 1n certain count1es;and tor other purposes.
Committee on Special Judiciary.

1244

JouRNAL OF THE SENATE,

By Messrs. Almand o! Walton,Jaekson o! Blackley and Johnston or Seminole-
House Bill No. 134. A Bill making 1t unlawful tor any person to advertise any planting seed differing in variety !rom that so advertised;and tor other purposes.
Committee on Agriculture.
BY Messrs. Allen and Ennis or Baldwin-
. House Bill No. 145. A Bill to require the payment or tees ot Clerks and Sheriffs or the SUperior Court in divorce eases in certain eounties;and tor other purposes.
Committee on General Judiciary No. 1. By Mr. Harris o! Richmond-
House Bill No. 181. A Bill to amend an Act relating to examination or bankB;and tor other purposes.
Committee on Banks and Banking. By Mr. Oden or Piarea-
House Bill No. 185. A Bill to increase the State
Aid Road System bY adding a road tram Lane's Bridge
to Blackshear by way of Baxley,SUrreney,and Bristol; and for other purposes.
Committee on Highways and Public Roads. By Mr. Ramsey or Fu1ton-
House Bill No. 197. A Bill to provide for Public Librar1es;and for other purposes. Committee on Public Libraries. By Messrs. Dyer and Arnall o! Coweta,Dean ot Roekdale,and Campbell o! Newton-
House Bill No. 204. A Bill to provide tor the sterilization or selected persons tram inmates !rom State Institutions;and for other purposes.
Committee on Hygiene and Sanitation.

MoNDAY, MARCH 11, 1935.

12A5

By Messrs. Edwards and Coleman ot LowndesHouse Bill No. 209. A Bill to amend an Act au-
thorizing ~he governing authorities or certain counties to give certificates or indebtedness or the Highway Department to Boards or Education;and tor other purposes.
Committee on Amendments to the Constitution. By Messrs. Welch and Manning or Cobb-
House Bill No. 220. A Bill to amend the Code or Georgia so as to empower Superior Court Judges to grant charters to private companies;and tor other purposes.
Committee on General Judiciary No. 1. By Messrs. Lindsay,Ansley and Guess or DeKalb-
House Bill No. 246. A Bill to prohibit the establishment or cemetery,hospltals and institutions in certain counties without permission !rom county co.mmissioners;and !or other purposes.
Committee on Counties and County Matters. By Messrs. Gammage ot Terrell,Booth o! Barrow,and Terrell ot Troup-
House Bill No. 259. A Bill to provide tor the payment or accrued pensions or Confederate soldie~s at their death;and !or other purposes.
Committee on Pensions. By Mr. Atwood or Mcintosh-
House Bill No. 283. A Bill to amend an Act known as the Neill-Traylor Bill so as to add mileage in McintoSh County to the State Aid Road Systam;and tor other purposes.
Committee on Highways and Public Roads. By Mr. Harris ot Richmond-
House Bill No. 289. A Bill requiring banks to secure uninvested trust !unds;and !or other purposes.
Committee on Banks and Banking.

1246

JouRNAL OF THE SENATE,

By Messrs. Thompson, Leonard and Brinson or Muscogee-
House Bill No. 295. A Bill to authorize otticers in certain counties to appropriate educational tunds to the support or public libraries;and tor other purposes.
Committee on Education.By Messrs. Stephens and Hogan ot Laurens-
House Bill No. 307. A Bill to provide the time at which primary elections tor nomination or County Otticers shall be held;and tor other purposes.
Committee on Counties and County Matters. By Mr. Edwards and Coleman or Lowndes-
House Bill No. 311. A Bill to authorize the Highway Department to pave one mile on State Property at Georgia State Wamants College at Valdosta.
Committee on Highways and Public Roads. By Mr. Wrench or Charlton-
House Bill No. 312. A Bill to amend an Act requiring all lodging houses to keep registers or guests;and tor other purposes.
Committee on General Judiciary No. 2. By Messrs. McCranie and Ross ot Dodge-
House Bill No. 329. A Bill to increase the State Aid Road Mileage by adding mileage in Dodge County; and tor other purposes.
Comm!ttee on Highways and Public Roads. By Messrs. Hartsfield,Almand and Ramsey or Fulton-
House Bill No. 350. A Bill to make it a Penal ottense to send in false alarm to any tire department;and tor other purposes.
CODDD.1ttee on General Judiciary No. 1.

MoNDAY, MARCH 11, 1935.

124?

By Messrs. Teasley o:r Cherokee and McGraw of Meriwether-
House Bill No. 361. A Bill to amend the Code or Georgia with reference to working public roads;and :tor other purposes.

Committee on Highways and Public Roads.

By Messrs. Ramsey ot Fulton,Ansley o:r DeKalb and
Cobb or ClarkeHouse Bill No. 409. A Bill to amend an Act abol-
ishing Juvenile Courts;and tor other purposes.

Committee on General Judiciary No. 2.

By Mr. Douglass o:r TalbotHouse Bill No. 412. A Bill to amend the Code or
Georgia relating to examinations or Credit Unions by the Superintendent o:r Banks;and tor other purposes.

Comrn1ttee on Banks and Banking.

By Messrs. Stephens and Hogan ot Laurens-
House Bill No. 413. A Bill to amend the Political Code o:r 1910 enumerating who is subject to Road Duty;and tor other purposes.

Committee on Counties and County Matters.

By Mr. Wrench or CharltonHouse Bill No. 418. A Bill increasing mileage
trom the St. Maryts River at Mon1ac to the St. Marys River at St. George;and tor other purposes.

Committee on Highways and Public Roads.

By Messrs. West and Terrell of Hall and Whitm1re or

~wson-

.

House Bill No. 434. A Bill to increase the mile-

age by the addition or a road in Hall County;and

tor other purposes.

Committee on Highways and Public Roads.

1248

JouRNAL or THE SENATE,

By Messrs. Mitchell ot Taliaferro and Sutton ot Wilkes-
House Bill No. 439. A Bill to amend an Act ~uthorizing the State Commission ot Forestry and Geological Development to establish State Parks; and tor other purposes.

Committee on Conservation.

By Messrs. Garrett and Camp ot CarrollHouse Bill No. 444. A Bill to amend the Code ot
1933, so as to exempt certain persons trom. road duty in certain counties.

Committee on Special Judiciary.

By Messrs. Lewis ot Burke and Townsend ot DadeHouse Bill No. 457. A Bill to provide a method
ot licensing new charitable Agencies;and tor other purposes.

Committee on Finance.

By Mr. Settle ot Butts-

House Bill No. 466. A Bill to amend the Code ot

1933 by providing tor pay and allowance as tor like

vgricadeeisnottheofufi.cse. rAs ramnyd;anednltiostredotmheenr

in active purposes.

ser-

Committee on Military Affairs.

By Mr. Adams ot FranklinHouse Bill No. 487. A Bill adding m1le.age in
Franklin County;and ror other purposes.

Committee on Highways and Public Roads.

By Mr. Newby ot DoolyHouse Bill No. 499. A Bill to amend the Code ot
Georgia or 1933 Which provides that certain persons Shall be subject to road duty.

Committee on Counties and County Matters.

MoNDAY, MARCH 11, 1935.

1249

By Messrs. Preston o:r Walton and Dobbins ot MorganHouse Bill No. 508. A Bill to authorize agencies
ot the Federal Government to purchase lands tor parks in certain coi.mties;and tor other purposes.
Committee on Conservation. By Messrs. Almand,Hartsfield and Ramsey ot FUlton-
House Bill No. 548. A Bill to provide tor the establishment ot county boards ot Public Welfare in certain counties;and tor other purposes.
Committee on Counties and County Matters. By Mr. Ross ot Dodge-
House Bill No. 568. A Bill to repeal an Act which provides tor the payment ot a salary in lieu of fees to clerks or the SUperior Court in certain counties;and tor other purposes.
Committee on Special Judiciary. By Messrs. Brown ot Greene and Sutton ot Wilkes-
House Bill No. 597. A Bill adding mileage in Wilkes County;and tor other purposes.
Committee on Highways and Public Roads. By Messrs. Morris ot Douglas,Camp of Carroll, Watson ot Paulding,and others-
House Bill No. 619. A Bill to amend an Act so as to add mileage in Carroll and Paulding Counties; and tor other purposes.
Committee on Highways and Public Roads. By Mr. Williams ot Jackson-
House Bill No. 624. A Bill providing tor the payment ot tees ot Justices ot the Peace and Constables in criminal cases;and tor other purposes.
Committee on Counties and County Matters.

1250

JouRNAL oF THE SENATE,

By Mr. Harris or RichmondHouse Bill No. 632. A Bill to amend the Code or
Georgia or 1933,by providing th.lt any regular report of a Bank or Trust Company may be omitted,in the discretion ot the Superintendent ot Banks;and tor otherpurposes.
Committee on Banks and Banking. By Mr Harris of Richmond-
House Bill No. 640. A Bill providing tor an occupational tax on distributors or motor :tuel; and :tor other purposes.
Committee on Finance. By Mr. Brisendine of Peach-
House Bill No. 648. A Bill amending the TraylorNeill Act;and tor other purposes.
Committee on Highways and Public Roads. By Messrs. Jones ot Brantley and Claxton or Camden-
House Bill No. 649. A Bill amending the TraylorNeill Act;and :tor other purposes.
Camnittee on Highways and Public Roads. By Mr. Bradley o:r Tattnall-
House Bill No. 653. A Bill fixing the powers o:r the Sheriff o:r counties o:r a certain population; and :ror other purposes.
Committee on Counties and. County Matters. By Mr. Bradley of Tattnall-
House Bill No. 654. A Bill providing for the trial o! tnsane persons in certain counties;and !or other purposes.
Committee on General Judiciary No. 1. By I1r. Bradley o! Tattnall-
House Bill No. 655. A Bill to provide :ror the

MoNDAY, MARCH 11, 1935.

1251

cost in felony eases to the Clerks and Sheritt or certain eounties;and tor other purposes.

Committee on Special Judiciary.

By Messrs. Joel and Cobb or ClarkHouse Bill No. 658. A B111 to require candidates
ot the General Assembly in primary elections in certain counties to designate the candidate they oppose;and tor other purposes.

Committee on Privileges and Elections.

By Messrs. Zellner or Monroe and M1tehell or LamarHouse Bill No. 664. A Bill to inerease the State
Aid Road System;and tor other purposes.

Committee on Highways and Public Roads.

By Messrs. Black or Forsyth, Whitmire o~ Dawson and

Jones ot Lumpkin-



House Bill No. 668. A Bill to amend the Traylor-

Neill Highway Mileage Aet;and tor other purposes.

Committee on Highways and Public Roads.

By rlessrs. Hartstield,Almand and Ramsey or FultonHouse Bill No. 670. A Bill to provide that no
dance hall and other amusement places shall be operated without the permission or the County Commissioners in certain Counties;and tor other purposes.

Committee on Counties and County Matters.

By Messrs. Hartstield,Almand and Ramsey ot FultonHouse Bill No. 671. A Bill to require Tax Re-
ceivers in certain counties to list the white and colored tax payers in a certain manner;and tor other purposes.

Comm1ttee on Counties and County Matters.

1252

JouRNAL oF THE SENATE,

By Mr Mann o! Toombs- . House Bill No. 675. A Bill increasing the mile-
age or the State Aid System;and tor other purposes. Committee on Highways and Public Roads.
By Messrs. Almand and Hartsfield o! FultonHouse Bill No. 677. A Bill regulating primary
elections in certain cit1es;and tor other purposes. Committee on Privileges and Elections.
By Mr. Marshall or MaconHouse Bill No. 688 . A Bill to provide tor the
payment or 1nsolvent costs in certain counties; and tor other purposes.
Committee on Special Judiciary. By Mr. McCracken o! Jefferson-
House Bill No. 721. A Bill amending the Highway mileage Act;and !or other.purposes.
Committee on Highways and Public Roads~ By Messrs. Douglass or Talbot and Johnson or Upson-
House Bill No. 736. A Bill to amend the NeillTraylor Act;and !or other purposes.
Committee on Highways and Public Roads. By Hr. Almand ot Ful.ton-
House Bill No. 742. A Bill to provide tor three terms or SUpreme Court and Court ot Appeals in each year; and tor other purposes.
Committee on General Judiciary No. 1. By Mr. Peek ot PolkHouse Bill No. 747. A Bill to provide tor the tssuance ot certified copies of birth and death cert1ficates;and !or other purposes. Committee on Hygiene and Sanitation.

MoNDAY, MARCH 11, 1935.

1253

ByHMouessesrBs.ilRl aNmose.y7A49lm. anAdB,Hialrltst:otiecldreoa:tteFcuilvtoinl -ser-
vice commission in counties of a certain population; and :tor other purposes.

Committee on General Judiciary No. 2.

By Messrs. Bloodworth,Bowden and Freeman of BibbHouse Bill No. 753. A Bill to authorize certain
counties to levy a special tax tor the support of paupers;and tor other purposes.

Committee on Finance.

By Hr. Booth of BarrowHouse Bill No. 756. A Bill amending an Act so
as to strike the word 11Gw1nnett and substitute in lieu thereof the word 11Barrow;and :tor other purposes.

Committee on MUnicipal Government.

By Hr. Booth ot Barrow-

House Bill No. 757. A Bill amending the Act

incorporating the town ot Auburn;and tor other

purposes.

..

Committee on MUnicipal Government.

By Mr. R1vera of LanierHause Bill No. 762. A Bill to provide that in
certain counties the Tax Commissioner shall be Ex-ott1cio Sheritt;and :tor other purposes.

Committee on Qeneral Judiciary No. 1.

By Mr. Herndon of HartHouse Bill No. 765. A Bill to create the office
ot Commissioner of Roads and Revenues;and tor other {>urposes.

Committee on Counties and County Matters.

1254

JouRNAL OF THE SENATE,

By Messrs. Jones or Brantley,Brown of Glynn and Oden of Pierce-
House Bill No. 766. A Bill to amend the NeillTraylor Act;and tor other purposes.
Committee on Highways and Public Roads. By Mr. Brown of Green-
House Bill No. 774. A Bill amending the Charter o! the C1ty o! Greensboro;and for other purposes.
Cvmm!ttee on Municipal Government. By Mr. Moore o! Clayton-
House Bill No. 778. A Bill amending the Act incorporating the town o! Forest Park;and tor other purposes.
Committee on MUnicipal Government. By Mr. Brown of Glynn-
House Blll No. 779. A Bill to amend the Code ot 1933 providing that certain countles shall use and employ as county policemen,mambers o! police department ot such city with population not less than 13,500 nor more than 14,500;and tor other purposes
.
Committee on Special Judiciary. By Mr. Brown o! Glynn-
House Bill No. 780. A Bill amending an Act amending the Charter o! the City of Brunswick; and !or other purposes.
Committee on MUnicipal Government . By Mr. Deloach or Evans-
House Bill No. 781. A Bill to amend an Act to abolfsh the orfices or Tax Receiver and Tax Collector;to create the office or Tax Commissioner or Evans County;and tor other purposes.
Committee on Counties and County Matters.

MoNDAY, MARCH 11, 1935.

1255

By Messrs. Harris,Lanier and Barrett ot RichmondHouse Bill No. 784. A Bill to provide that the
Solicitor-General ot the Augusta Circuit shall have the power to appoint a clerk for the office of the said Solicitor-General;and for other purposes.
Committee on Special Judiciary. By Mr. Warnell of Bryan-
House Bill No. 785. A Bill to abolish the offices of Tax Receiver and Tax Collector ot Bryan County and to create the office ot Tax Commissioner; and tor other purposes.
Committee on Counties and County Matters. By Mr. Moore of Haralson-
House Bill No. 789. A Bill to abolish the ottices ot Tax Receiver and Tax Collector ot Haralson County and to create the office ot Tax Commissioner;and tor other purposes.
Committee on Counties and County Matters. By Mr. Mallory of Twiggs-
House Bill No. 790. A Bill to abolish the offices ot Tax Receiver and Tax Collector of Twiggs County; and to create the office of Tax Commissioner;and tor other purposes.
Committee on Counties and County Matters. By Mr. Cobb of Clarke-
House Bill No. 791. A Bill to promote temperance and prosperity for Georgia people;to legalize the making of light domestic wines;and tor other purposes.
Committee on Temperance. BY Messrs. Houston and Perry or Worth-
House Bill No. 796. A Bill to provide tor the holding o:r :rour terms o:r Superior Court in each year 1n Worth County,and :ror other purposes.
Committee on Special Judiciary.

1256

JouRNAL OF THE SENATE,

By Messrs. Dyer and Arnold of CowetaHouse Bill No. 797. A Bill to repeal an Act to
incorporate the town of st. Charles;and for other purposes.

Committee on MUnicipal Government.

By Mr. Freeman of EarlyHouse Bill No. 799. A Bill to amend an Act in-
corporating the City of Blakely;and for other purposes.

Committee on Municipal Government.

By Messrs. Bloodworth,Bowden and Freeman of BibbHouse Bill No. 800. A Bill to amend an Act
establishing the MUnicipal Court of the City of Macon;and for other purposes.

Committee on Municipal Government.

By Mr. Teasley of CherokeeHouse Bill No. 805. A Bill to amend the Traylor-
Neill Act so as to add a road in CherOkee County; and for other purposes.

Committee on Highways and Public Roads.

By Mr. Pound Ot Hancock-

House Bill No. 807. A Bill to provide for the

leasing and the City of

con~rolling of the State's Chattanooga,not covered by

pthreopwe.r&tyAi.n

Railroad lease;and for other purposes.

Committee on Western and Atlantic Railroad.

By Mr. Freeman o! Early-
House Bill No. 814. A Bill to !ix the salary ot
the Treasurer of Early County;and for other purposes.

Committee on Counties and County Matters.

By Mr. Barmister and Tipton of ThomasHouse Bill No. 815. A Bill to ,amend an Act en-

MoNDAY, MARCH 11, 1935.

1257

titled Traylor-Neill Bill by adding additional mileage in Mitchell and Colquitt Counties;and tor other purposes.
Committee on Highways and Public Roads. By Mr. Weathers ot Jenkins-
House Bill No. 818. A Bill to authorize County Commissioners in certain counties ot this State to appropriate funds to support a L1brary;and tor other purposes.
Cammitcee on Appropriations. By Mr. Herndon ot Hart-
House Bill No. 817. A Bill to be entitled an Act to amend the Charter ot the City ot Hartwell in Hart County;and tor other purposes.
Committee on Municipal Government. By Mr. Oden ot Pierce-
House Bill No. 822. A Bill to amend an Act creating and incorporating the City ot Blackshear;and tor other purposes.
Committee on Municipal Government. By Mr. DeLoach ot Evans-
House Bill No. 823. A Bill to amend an Act creating the City Court ot Claxton;and tor other pmposes.
Committee on Municipal Government. By Mr. Herndon ot Hart-
House Bill No. 830. A Bill to repeal an Act creating a Board ot Commissioners ot Roads and Revenues tor the County ot Hart;and tor other purposes.
Committee on Counties and County Matters. By Mr. McGraw ot Meriwether-
House Bill No. 831. A Bill to amend an Act fixing

1258

JouRNAL oF THE SENATE,

the compensation o! the Treasurer o! Meriwether County;and !or other purposes.

Committee on Counties and County Matters.

By Mr. Settle o! ButtsHouse Bill No. 832. A Bill to amend an Act cre-
ating a Board or Commissioners o! Roads and Revenues or BUtts County;and !or other purposes.

Committee on Counties and County Matters.

By Messrs. House Bi

H ll

aNror.isAL3sa.nieAr

and Bil

Bar l to

rett o! remove

R1cl1mondliens !or

water rent and/or use,!ram property where water

furnished by City Council o! Augusta;and !or other

purposes.

Camnittee on Municipal Government.

By Mr. Herndon o! HartHouse Bill No. 839. A Bill to amend the Charter
o! Hartwell so as to prescribe the manner and place o! holding MarShall's sale;and !or other purposes.

Committee on MUnicipal Government.

By Mr. Adams o! FranklinHouse Bill No. 844. A Bill to create a Board o!
Camm!ssioners or Roads and Revenues o! the County o! Franklin;and !or other purposes.

Committee on Counties and County Matters.

By Mr. Ray o! ApplingHouse Bill No. 846. A Bill to amend an Act cre-
ating a Board o! County Commissioners !or Appling County;and !or other purposes.

Committee on Counties and County Matters.

By Mr. Jones o! BrantleyHause Bill No. 847. A Bill to repeal an Act
abolishing the o!!ice o! County Treasurer o!

MoNDAY, MARCH 11, 1935.

1259

Brantley County;and tor other purposes. Camnittee on Counties and County Matters.
By Mr. Jones ot BrantleyHause Bill No. 851~ A Bill creating and estab-
lishing the County manager tor Brantley County; and tor other purposes.
Committee on Counties and County Matters. By Mr. Jones ot Brantley-
House Bill No. 853. A Bill to repeal an Act to create the.ottice or Commissioner or Roads and Revenues of Brantley County;and tor other purposes.
Committee on Counties and County Matters. By Mr. Jones or Lumpkin-
House Bill No. 855. A Bill ~o amend the Act, reincorporating the City or Da.hlonega,and tor other purposes.
Committee on Municipal Government. By Mr. Williams or Cotree-
House Bill No. 857. A Bill to amend an Act to incorporate the City or Broxton;and tor other purposes.
Committee on Municipal Government. By Mr. Warnell or Bryan house Bill No. 861. A Bill to amend an Act incorporating the town or PembrOke;and tor other purposes.
Committee on MUnicipal Government. By Messrs. Stephens and Hogan ot Laurens-
House Bill No. 865. A Bill to prevent the curtailment or the school term by the County School Superintendent and the County Boards or Education in Counties ot a certain population,and tor other purposes.
Committee on Edu~tion.

1260

JouRNAL oF THE SENATE,

The following resolutions of the House were read the first ttme and referred to Committees:

By Mr. Leonard of Muscogee-

House relieve

wRe.cs.olMutaitohnisNaos.

28-178b. surety on

A Resolution bond;and for

to

other purposes.

Committee on General Judiciary No. 2.

By Messrs. Horton and Young of Sumter;and Gammage ot Terrell-
House Resolution No. 46-270a. A Resolution to add to the State Highway mileage a road from Americus to Dawson;and tor other purposes.

Committee on Highways and Public Roads.

By Hr. Terrell or warrenHouse Resolution No. 48-270f. A Resolution au-
thorizing the State Librarian to furnish the CaDmissioner ot Roads and Revenues ot Warren Cawtty certain records;and tor other purposes.

Committee on PublicLibraries.

By Mr. Almand of Fu1tonHouse Resolution No. 49-270g. A Resolution to
relieve w.P.Middlebrooks as surety on the bond or Herman Wilcox;and tor other purposes.

Committee on General Judiciary No. 2.

By Messrs. Parker and Shirah o:r ColquittHouse Resolution No. 7o-372a. A Resolution to
relieve J.L. Russell and Will Kilgore as sureties on a bonG;and ror other purposes.

Committee on General Judlclary No. 2.

By Messrs. Cobb ot Clark,and Allen ot BaldwinHouse Resolution No. 76-405a. A Resolution de-
signating the Brown Thrasher :ror State Bird,and tphoesePsi.ne Tree tor the state Tree;and for other pur-
Committee on State or Republic.

MoNDAY, MARCH 11, 1935.

1261

By Messrs. Lindsay,Guess and Ansley or DeKalbHouse Resolution No. 81-430a. A Resolution to
amend the Constitution so as to establish a system or tire prevention in DeKalb;and tor other purposes.

Committee on Amendments to the Constitution.

By Mr Sanders of HarriSHouse Resolution No. 88-460c. A Resolution to
relieve F.L. Cook as surety on bond;and tor other purposes.

Commi ~tee on General Judiciary No. 2.

By Mr. Kelley or Elbert-

House relieve

Rc.ess.olAutliloenn

No. 89-460d. A Resolution to or bond in Elbert County;and tor

other purposes.

Committee on General Judiciary_No. 2.

By Messrs. Parker and Shirah or ColquittHouse Resolution No. 91-4748. A Resolution pro-
posing to the qualified voters of Georgia an Amendment to the Constitution or Georgia authorizing the General Assembly to convene itself in extraordinary session in cases or emergency;and for other purposes.

Committee on Amendments to the Constitution.

By Messrs. Hooks of Glascock and Terrell or WarrenHouse Resolution No. 104-508a. A Resolution
authorizing and directing the State Librarian to furnish the Commissioners of Roads and Revenue of Glascock County,certain missing Law Books;and tor other purposes.

Committee on Public Libraries.

By Messrs. Harris of Richmond,Spivey or Emanuel and

Townsend ot Dade-



House Resolution No. 130-607a. A Resolution that

1262

JouRNAL or THE SENATE,

the members ot the General Assembly be paid ten cents per mile tor regular and special sessions ot 1935;and tor other purposes.

Committee on Finance.

By Mr. Almand of Fulton. House Resolution No. 145-649c. A Resolution to
release Mrs. Lucile M. Greene as surety on supersedeas bond or Robert K. Smith in Fulton Superior Court;and for other purposes.

Committee on General Judiciary No. 2.

By Messrs. Bannister and Tipton or ThomasHouse Resolution No. 150-655a. A Resolution to
relieve James Dixon as surety on bond in City Court ot Thomasville;and for other purposes.

Committee on General Judiciary No. 2.

By Messrs. Tipton and Bannister ot Thomas-

House Resolution No. 15l-665b. A Resolution au-

thorizing and directing the State Librarian to

furnish to the Clerk or the SUperior Court of

TohromSuapsreCmoeunCtyo,uTrht oamndasCvoiluler~1Goeto

rgia,cer Appeals

tain volumes Reports;and

for other purposes.

Committee on Public Libraries.

By Messrs. Tipton and Bannister ot ThomasHouse Resolution No. 168-742a. A Resolution re-
lieving J.N.Randall as surety on bond or Willie Davis in City Court ot Thomasville;and tor other purposes.

Committee on General Judiciary No. 2.

By Mr Green or RabunHouse Resolution No. 174-780a. A Resolution to
relieve Jesse Taylor as surety on bond or Jesse Dover;and tor other purposes.

Committee on Special Judiciary.

MoNDAY, MARCH 11, 1935.

1263

By Messrs. Arnall and Dyer ot CowetaHouse Resolution No. 16-35a. A Resolution to re-
lieve A.L.Fuller as surety on torteited recognizance;and tor other purposes.
Committee on General Judiciary No. 2. By Messrs. Arnall and Dyer ot Coweta-
House Resolution No. 17-36a. A Resolution to relieve T.G.-Far.mer,Jr., as County Administrator ot Coweta County and the sureties on his bond from. payment ot interest to Estate ot George Lee;and !or other purposes.
Committee on General Judieiary No. 2. By Messrs. Camp and Garrett ot Carroll-
House Resolution No. 27-178a. A Resoiution requesting the_ paving ot a driveway through the campus ot West Georgia College at Carrollton,Georgia, connecting at either end with the Bankhead Highway; and !or other purposes.
Committee on Highways and Public Roads. By Mr. Patten ot Cook-
House Resolution No. 42-239e. A Resolution authorizing and directing the State Librartan to turnish certain Law Books to the County of Cook;and tor other purposes.
Committee on Public Libraries. By Messrs. Terrell,Groover and Davis of TrouP-
House Resolution No. 125-605d. A Resolution to provide that the part ot highway lmown as the State Route No. l,which extends trorn the Tennessee State Line to the City or Columbus,Shall be known,designated,and maintained as a Military Highway;and tor other purposes.
Committee on Highways and Public Roads. The following resolutions. of the House were read and ordered to lie on the table ror one day:

1264

JouRNAL or THE SENATE,

By Messrs. Bloodworth,Freeman and Bowden ot Bibb and others-
House Resolution No. 201. A Resolution petitioning the College ot Electors ot Hall ot Fame to nominate and elect to said Hall ot Fame,Sidney Lanier, and tor other purposes. By Mr. Kelly ot Elbert-
House Resolution No. 202. A Resolution urging Congress to enact legislation to require that marole,gran1te and natural building stone be used in public construction,and tor other purposes. By Messrs. Ramsey ot Fulton,Parker and Shirah ot Colquitt,Pound ot Hancock,Bennett ot Ware and Lewis ot Burke-
House Resolution No. 206. A Resolution relative to payment ot certain tunds recently diverted trcm the Highway Department to the common scb.ools, and tor other purposes.
The following privileged resolutions were read and adopted: By Senator Jones ot the 17th Distr!ct,Senator Skelton or the 30th District and Senator Atkinson or the 1st District-
A Resolution extending the privileges or the floor to Mrs. Mary Williams Hendry,sister or the Lady ot Long,Mrs. Coxon Senator Hart ot the 36th District moved that the Senate adjourn and the motion prevailed.
Senator Vaughn ot the 34th District,presid1ng, announced that the Senate stood adjourned until tomorrow morning at 9:00 o'clock.

1uESDAY, MARCH 12, 1935.

1265

Senate

ChTamuebsedra6 yA6tMlaanrctha

6

Georgia. 12 1 1935.

The Senate o'clock AJM.

mtheits1 pduarysuaanndt

to adjournment was called to

o6 ardt

9:00 er by

the

President.

Devotional led by Dr. J. Sprole LYons or the First Presbyterian Church ot Atlanta.

Senator Millican or the 35th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted.

Senator Committee the Journ

Hart or the 36th

aolnoJroyuernstaelrsd1 raeypt

o s

Dis rted

trict that

1

Chair.man or the he had examined

proceedings and round it

correct.

Senator Pope or the 15th District aSked unanimous consent that the reading or the Journal be dispensed. w1th and consent was granted.

The Journal was con!'irmed.

Senator Scott or the 7th District asked unan~ous consent that when the Senate adjourn today that it reconvene at 2:00 o'clock PJM. tor an afternoon sess1on.and consent was granted.

Senator Lester or the 18th District aSked unanimous consent that House Bill No. 240 be withdrawn trom the Committee on Appropriations ,read 2nd time and re-committed to the Committee on Appropriations.

The consent was granted.

Senator Lester or the 18th District aSked unanimous consent that House Resolution No. 130 be withdrawn !rom the Committee on Finance,read 2nd time and re-committed to the Committee on Finance.

The Consent was granted.

1266

JouRNAL OF THE SENATE,

The following bill and resolution or the House were read 2nd time and re-committed:

By Mr. Culpepper or FayetteHouse BilJ. No. 240. A Bill to be entitled an Act
known as the "General Appropriations Bill.

By Messrs. Harris of R1chmond,Sp1vey of Emanuel and Townsend of Dade-
House Resolution No. 130. A Resolution providing that the members of the General Assembly be paid ten cents per mile for both regular and special sessions of 1935.

The Rules Committee announced the following as the order of business for the forenoon session to-
day:

1. Introduction or new matter,under the rules.

2. Reports or standing committees.

3. Messages from the Governor.

4. House Resolution No. 206--Relative to payment

of Highway funds.



House Resolution No. l2-13A--$5000.00 Homestead

Exemption.

Senate Resolution No. 13--$2500.00 Homestead

Exemption.

Senate Resolution No. 15--$2500.00 Homestead Exemption.

House Resolution No. 32--$500.00 personal pro-

perty exemption.

Senate Resolution No. 83--Pro rata appropria-

tions in event or deficit.

Senate Resolution No. 88--Changing compensa-

tion of members o! Legislature.

Senate Bill No. 156-Amending Constitution as

to writs of error.

Senate Bill No. 217--commtssion to examine all

forms of taxation.

Senate Bill No. 133-To provide for redemption

of real estate.

Senate Bill No. 204--Further regulate granting

new trials.



Senate Bill No. 228--Authorizing counties to tax hot dog stands,etc.

TuESDAY, MARCH 12, 1935.

1267

House Bill No. 333-To make members o:r Legis-

lature eligible to appointment :ror another of::rice.

House Bill No. 392--Providing a tax on oleo-

margarine.

.

Calling up bills :ror the purpose o:r agreeing or

disagreeing to House amendments,in the discretion

o:r the President.

The :following bills o:r the Senate were introduced, read the :first time and re:rerred to Committees:

By Senator Atkinson o:r the 1st DistrictSenate Bill No. 233. A Bill to increase the
mileage o:r the State Aid Road System by adding thereto a highway beginning at Hinesville,in Liberty County,extending to Clyde,in Bryan County;and :ror other purposes.

Committee on Highways and Public Roads.

By Senators Beasley o:r the 2nd District~Jones o:r the 17th District,Kirkland o:r the 49th District Dickerson o:r the 5th District,Eden:rield o:r the !th District,St~ickland o:r the 3rd District-
Senate Bill No. 234. A Bill to be entitled an Act to establish and define the Okefenokee Trail; and :ror other purpcses.

Committee on Highways and Public Roads.

By Senators Skelton o:r the 30th District,Lester o:r the 18th District-
Senate Bill No. 235. A Bill to be entitled an Act to create the office o:r Commissioner o:r Escheats and Penalties,to provide the appointment and qual1!1cat1on o:r such o:r:ricer; and :ror other purposes.

Committee on General Judiciary No. 1.

The :rollowlng resolution or the Senate was introduced,read the first time and rererred to Conmittee:

By the Committee on Halls and RoamsSenate Resolution No. 106. A Resolution providing

1268

JouRNAL oF THE SENATE,

that the Clerk or the House and the Secretary or the Senate shall have custody or the properties and office roams attached to each house between the adjournment or one session and the convening or the following session;and !or other purposes.

Committee on Halls and Roams.

Mr. Crawford o! the 42nd District Chairman o! the

Committee on Game and Fish,subm1tted the following

r

e
.

p

o

r

t

:.

Mr. President:

Your Cmmn1ttee on Game and Fish have had under consideration the following Bill or the Senate and have instructed me as Chairman, to report the same bacl-: to th:e Senate with the following recommendat1oli.:

Sen~te Bill No. 230, do pass.

Respecttully submittedj Crawford o! 42nd District, Chairman.

Mr. Clark o! the 44th District Chairman of the Committee on Counties and County Matters,submltted the following report:

Mr. President:

Your Committee on Counties and County Matters have had under consideration the following Bill or the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendatlon:

House Bill No. 802, do pass.

Respectfully submitted, Clark ot 44th Districts Chairman.

TUESDAY, MARCH 12, 1935.

1269

Mr. Skelton of the 30th District Chairman of the Committee on General Judiciary No. l,submltted the following report: Mr. President:
Your Committee on General Judiciary No. 1 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 following recommendations:
Senate Bill No. 229, do pass. House Bill No. 145, do pass.
Respectfully submitted, J.H. Skelton or 30th District, Chairman .
Mr. McGehee of the 25th District Chairman or the Committee on Temperance,subm1tted the following report: Mr. President:
Your Committee on Temperance have had under consideration the following Bill or the House and have instructed me as Chairman, to report the same back to the Senate with the following recoDBnend.at1on:
House Bill No. 144, do ,pass,as amended. Respectfully submitted, J.H. McGehee or 25th District, Chairman.
The following minority report was attached to the report of Committee on Temperance which reported House Bill No. 144,do pass,as amended:
And now comes the undersigned members of the Senate Temperance Committee and tile this their minortty report and recommend that this bill do not pass.

1270

JouRNAL oF THE SENATE,

Signed,

J .H. McGehee of the 25th District.

J.P. Duncan of the 23rd District.

WJM. Goodwin of the 20th District.

J .M. Simmons of the 8th District.

W.M. Thomas of the 33rd District.

Ew..RK. eKllinygHoofltthoef

11th District. the 48th District.

Wm. Lester of the 18th District.

The following conmnm1cation from His Excellency, the Governor,was read:
March 1111935 e TO THE GENERAL ASSEMBLY OF GEORGIA:

I am returning herewith House Bill No. 274,w1thout my approval.

This bill perm1ts the Mayor and Council of the town of Kite,Georgia,to assess,levy and collect taxes not exceeding one percen~ on the assessed value,ad valorem, on all property. The general law limits the amount that may be levied by cities for current expenses to five m1llsitherefore,this bill is in conflict with the genera law and is unconstitutional.

Mr. Claxton,of Johnson,the author of this bill, concurs in my action in vetoing it as the rate was
fixed at one per cent through typographical error, it being his intention to limit the amount of levy to five mills.

Respectfully submitted, Eugene Talmadge, Governor.

The fo~lowing communication from His Excellency, the Governor was read:
March 11,1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am herewith returning Senate Bill No. 14,w1thout my approval.

TuESDAY, MARCH 12, 1935.

1271

SENATE BILL NO. 14 An Act,Proposing to the qualified voters or Georgia an amendment to Article III,Section II ot the Constitution or Georgia creating a new Senatorial District to be composed or the County of Fulton.

This Bill proposes a Constitutional Amendment creating a separate Senatorial Pistrict tor Fulton County. Fulton, Clayton and Henry Counties now constitute the 35th Senatorial District. Under this Act,it adopted,Fulton County would be the 52nd Senatorial District and Clayton and Henry Counties would constitute the 35th.

In a number or Senatorial Districts in Georgia

there are as many as tour counties which means that

under the rotation aystem these counties furnish a

Senator only every eight years. It this Constitu-

tional Amendment Should be submitted to the people

and rati tive in

ttiheedl1:FieunlattoeneCacohunytye

would have a Representa ar. This is manifestly

-

untair to other counties in the State.

It Fulton County,on account ot its population and wealth,is entitled to a separate Senatorial District, then following the same reason1ng,Chatham County with the City or Savannah;Richmond County with the City of Augusta; Bibb County with the City of Macon and Muscogee County with the City ot Colum.bus,and a number or other counties in Georgia might ask for separate Senatorial Districts.

Very strong and convincing arguments have been

presented not only in Georgia,but in other states,

in favor or reducing the size or our Legislative

bodies. I cannot see any good reason why the num-

ber or Senatorial Districts should be increased in

our State.



I have,for the above reasons,vetoed this Act and am returning it herewith to your body.
Respectfully submitted, Eugene Talmadge, Governor.

1272

JouRNAL or THE SENATE,

. Senator Millican o:t the 35th District gave notrce that at the proper time he would move that the Senate pass Senate Bill No. 14 notwithstanding the Governor's veto.
Senator Dennis o:t the 28th District moved that the Senate, through Mr. Hammond the Secretary thereof,reguest the House to return to the Senate,Senate Bill. No. 191.
The motion prevailed. The following resolution o:t the House was read third time: By Messrs. Ramsey o:t Fulton,~arker and Shirah o:t Colquitt,Pound of Hancock,Bennett o:t Ware and Lewis o:t BurkeHouse Resolution No. 206. A Resolution relative to payment o:t .certain :tunds recently d1verted :tram the Highway Depar'bnent to the common schools,and :tor other purposes. The President,ruling this resolution out o:t order, made the following statement: The Constitution o:t the state provides :tor three branches o:t government--Legislative--Executive and Judicial;w1th the further proviso that they shall forever be kept separate and distinct. This Resolution is clearly an e:t:tort .on the part o:t the Legislative Branch to encroach upon the Executive by instructing the Governor to do certain things within forty-eight hours,and is therefore unconstitutional and improper and I rule it out of order. The following resolution of the House was taken up :tor consideration: By Messrs. Rivers o:t Lanier,Lanier,Harr1s and Barrett o:t RichmondHouse Resolution No. 12-13A. A Resolution proposing to qualified voters o:t Georgia,an amendment to the Constitution o:t the State o:t Georgia,exempt-

TuESDAY, MARCH 12, 1935.

1273

ing !rom all ad valorem taxation,except special assessments and taxation !or any existing bonded indebtedness,a homestead not exceeding $5,000.00 in value,and !or other purposes.
The Chair ruled that when the Senate re-considered its action in defeating House Resolution No. 12-13A that it had the e!!ect or reconsidering all amendments previously adopted and that the bill was betore the Senate as it was be!ore any action was taken on it and that no amendments previouslY adopted were a part or said resolution.
Senator Atkinson or the 1st District appealed !ram the ruling or the Chair on this matter.
On the appeal the ayes were 2,nays 31. The appeal was therefore lost. All the amendments previously o!!ered to the Resolution were re-read. The following substitute by Senator Pope and others was read:
A RESOLUTION Proposing to the qualified voters or Georgia !or ratification or rejection an amendment to Article VII,Section II o! the Constitution o! Georgia,exempting !ram ad valorem taxation,except !or any outstanding bonded indebtedness,all real estate in this State.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Article VII,Section II,o! the Constitution or Georgia be and the same is hereby amended by adding at the end thereof a new paragraph to be numbered Paragraph II and to read as tollows:
Paragraph II. Ettective December 31,1936 all real property in this State shall be exempted tram ad valorem taxation: Provided, that such property shall continue to be subject to taxation tor the

1274

jOURNAL OF THE SENATE,

payment of the principal and interest of any bonded indebtedness of the State or any political subdivision thereof existing as of January 1,1935. Provided further,that the General Assembly may by law subject to the provisions ot this Constitution provide tor the taxation ot such real property,ad valorem or otherwise."

Section 2. That the foregoing amendment shall be

published in at least one newspaper in each Con-

gressional District ot this State for two months

next preceding the next general. election and at

such general election shall be submitted to the

qualified voters,qualified to vote for.members of

the The

vGoetneerrsaldAesssierminbgly~1otovr

ra ote

t

ifi in

ca fa

tion o vor of

r t

re he

j

ection rati-

.

fication ot the amendment shall have written or

printed upon their ballots,"For ratification ot the

amendment tution of

GtoeoArgritaic,elxeemVpIIti,nSgecrtriaomn

II,of the Constiad valorem taxa-

tion,except tor any outstandiDW bonded indebtednes~

all real estate in this State. The voters desir-

ing to vote against the ratification ot the amend-

mend shall have written or printed upon their

ballots,"Against ratification ot the amendment to

Article VII,Section II,of the Constitution ot Geor-

gia,exempting from ad valorem taxation,except for

any outstandi~ bonded indebtedness,all real estate

1n this State. Should a majority of the qualified

voters voting at said election vote in favor of the

ratification of the amendment,the Governor shall

make proclamation thereof,and the foregoing amend-

ment shall become a part of Article VII,Sectlon II,

of the Constitution of Georgia.

A Substitute by Senator Beasley and Senator Larsen was read.

The following amendment by Senator Larsen and Senator Chappell to the Pope substitute was read:

By striking the second proviso,and adding in lieu thereof the following:

TUESDAY, MARCH 12, 1935.

1275

"Provided,further,that such real property shall remain subject to taxation tor State,County,and Municipal purposes,but the combined rate or ~ tion tor all such purposes shall not exceed ten mills upon the dollar or the value or such real property."
Senator Jones or the 17th District moved the previous question on the resolution,subst1tute and amendments thereto and the motion prevailed.
The main question was ordered. All amendments to the original resolution were lost. The amendment by Senator Larsen and Senator Chappell to the Pope substitute was adopted. The substitute by Senator Beasley and Senator Larsen was lost. On the adoption of the Pope subst1tute,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 atfinnative were Senators:

Almon

Hart

McLeod

Beasley

Holt

McWhorter

Cannon

Johnson of the Milholl1n

Chappell

31st

Millican

Clark

Johnston of the Pope

Cooper

39th

Ragan

Crawford

Jones

Rawlins

Darden

Kiker

Rucker

Dickerson

King

scott

Duncan

Kirkland

Sinunons

Edenfield

Lancaster

Strickland

Gary

Larsen

Thomas

Gaskins

Lester

Turner

Goodwin

McGehee

Vaughn

Harden

McGinty

wright

1276

JouRNAL OF THE SENATE,

Those voting in the negative were senators:

Atkinson Carrington

Dennis Skelton

Smith

Verification of the roll call was dispensed with.
The ayes were 43,nays s.

The substitute,as amended,was adopted.

The report of the comm1ttee,wh1ch was favorable to the passage of the resolution,by substitute as amended,was agreed to.
on the passage of the resolution,by substitute
as amended,it being a proposed amendment to the Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Beasley Cannon Carrington Chappell Clark Cooper Crawford Darden Dickerson
Duncan
Edenfield Gary Gaskins Goodwin

Harden

McLeod

Hart

McWhorter

Holt

Milhollin

Johnson of the Pope

31st

Ragan .

Johnston of the Rawlins

39th

Rucker

Jones Kiker

Scott S1Dmons



King

Strickland

Kirkland

Thomas

Lancaster Lester

Turner Vaughn

McGehee

wright

McGinty

Those voting 1n the negative were Senators:

Atkinson Dennis

Larsen Millican

Skelton Smith

The roll call was verified.

TuESDAY, MARCH 12, 1935.

1277

The ayes were 42,nays 6.

The resolutlon,by substitute as amenci.~d,having received the requisite two-thirds Constitutional majority,was passed.

Not voting was Senator Evans or the 29th District.

The resolution as passed by the Senate is as follows:

A RESOLUTION Proposing to the qualified voters or Georgia for ratification or rejection an amendment to article VII,Section II ot the Constitution of Georgia,exemp~ing :tram ad valorem taxation,except :tor any outstanding bonded 1ndebtedness,all real estate in this State.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. That Article VII,Section II, ot the Constitution or Georgia be and the same is hereby amended by adding at the end thereof a new paragraph to be numbered Paragraph II and to read as follows:

"Paragraph II. Effective December 31,1936,all

real property in this State shall be exempted

trom ad valorem taxation: Provided that such pro-

perty shall continue to be subject to taxation tor

the payment or the principal and interest or any

bonded indebtedness or the State or any political

subdivision thereof existing as or January 1,1935.

Prov1<Utd, turther, that such real property shall re-

main subject to taxation for State,County and mun-

icipal purposes.but the combined rate or taxation

utopornatlhlesudcohllpaur rpoor stehsesvhaallulenoort

exceed ten mills such real property."

Section 2. That the roregoing amendment shall be published in at least one newspaper in each Congressional District or this State tor two months next preceding the next general election and at such general election shall be submitted to the qualified

1278

JouRNAL oF THE SENATE,

voters,qualified to vote tor members or the General Assembly,tor ratification or rejection. The voters desiring to vote in favor or the ratification or the amendment shall have written or printed upon their ballots, "For ratification or the amendment to Article VII,Section II,or the Constitution of Georgia,exempting trom ad valorem taxation,except tor any outstanding bonded indebtedness,all real estate in this State." The voters desiring to vote against the ratification of the amendment shall have written or printed upon tneir ballots, "Against ratification or the amendment to Article VII,Section II,of the Constitution of Georgia, exempting from ad valorem taxation except for any outstanding bonded indebtedness,all real estate in this State." Should a majority or the qualified voters voting at said election vote in favor or the ratification or the a.mendment,the Governor shall make proclamation thereot,and the foregoing amendment shall become a part of Article VII,Section II, of the Constitution of Georgia.
The following message was received from the House through Hr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions ot the House to wit: By Mr. Lewallen or Banks-
House Bill No. 106. A Bill to be entitled an Act to amend an Act approved August 20,1929,as amended by Act approved March 24,1933,known as the Neill-Traylor Highway Bill,and for other purposes. By Messrs. Williams o:r Jones,Daughtry ot Wilkinson and Bloodworth ot Bibb-
House Bill No. 555~ A Bill to be entitled an Act to increase the mileage of the State Aid Road System by the addition of a highway in Jones and Wilkinson Counties, and tor other purposes.

TuESDAY, MARCH 12, 1935.

1279

By Mr. Smith ot Webster. House Bill No. 245. A Bill to be entitled an Act
to ~ncrease the State-Aid Road mileage by adding a road trom Route 41 at Preston,Georgia,to Route 55 at Weston,Georgia;and tor other purposes.

By Messrs. Hogg ot Achley,Horton and Young ot Sumter-
House Resolution No. 45-270c. A Bill to be entitled an Act to be entitled an Act to require the State Highway Board o:r Georgia to add to the State Highway Mileage a road trom Ellaville in Schley Cotmty to Andersonville in SUmter County, connecting State Aid Roads No. 26 and No. 49;and tor other purposes.

By Messrs. Durden ot Dougherty;Parker ot Colquitt and Sabados or Dougherty-
House Resolution No. 57-298d. A Resolution--A Bill. To be entitled an Act to increase the State Aid Road System ot Georgia by adding certain mileage in Dougherty and Colquitt Counties;and tor other purposes.

By Messrs. Claxton ot Johnson.Spivey or Emanuel,

FoBwoluesreoBt iTlrleNuotl.ens6a3n.d

othersA Bili to

be

entitled

an

Act

designating highway mileage;and tor other purposes.

By Messrs. Bloodworth,Bowden and Freeman o:r Bibb, and others-
House Bill No. 421. A Bill to be entitled an Act to amend the State Aid Road Act by adding a road in Butts,Monroe and Bibb Counties;and tor other purposes.

By Messrs. Welsch and Manning or CobbHouse Bill No. 334. A Bill to be entitled an Act
to amend a Highway Mileage Act so as to add additional mileage in Cobb County;and tor other purposes.

B.Y Messrs. Hammock o:r Randolph;Clements o:r Calhoun;

and Gammage ot Terrell-



House Bill No. 285. A Bill to be entitled an Act

1280

JOURNAL OF THE SENATE,

to amend the Highway Mileage Act by adding a road in Randolph and Calhoun Counties;and tor other purposes.

By Messrs. Musgrove o! Clinch and Culpepper o! Echola-
House Bill No. 731. A Bill to be entitled an Act t~ increase the mileage or the State Aid Road System o! roads by the addition or a road in Clinch, Echols and Lanier Counttes;and tor other purposes.

By Messrs. McKelvey and Sammon o! GwinnettHouse Bill No. 386. A Bill to be entitled an
Act to increase the mileage o! the State Aid System or Roads by adding a road in Forsyth and Jackson Counties;and !or other purposes.

By Messrs. Caswell or Liberty,Bradley o! Tattnall and Warnell or Bryan-
House Bill No. 828. A Bill to be entitled an Act to amend Neill-Traylor Act,so as to add a road in Bryan,Liberty and Tattnall counties;and tor other purposes.

By Mr. McBride or Montgomery-

House Bill No. 281. A Bill to be entitled an Act

to increase the tem by adding a

mroialedagtheroou!ghthethSe ttaotwenAoidr

Road SysAiley,Ga.,

and tor other purposes.

By Messrs. Gilbert and Scruggs or WashingtonHouse Bill No. 744. A Bill to be entitled an Act
to add to the State Aid System of State Aid Roads a road leading !rom the City o! Tennille,Ga.,to State Highway or Route No. 24 in the county or Washington;and !or other purposes.

By Messrs. Moye and Blease o! BrooksHouse Bill No. 228. A Bill to be entitled an Act
to increase the State Highway mileage by adding a road 1n Lanier,Lowndes,Thomas,Brooks and Cook Counties;and tor other purposes.

By Messrs. Edwards and Coleman or LowndesHouse Bill No. 617. A Bill to be entitled an Act

TuESDAY, MARCH 12, 1935.

l281

to amend the Act designating the State Highway Mileage,by adding a road in the City o! Valdosta, Lowndes County;and !or other purposes. By Mr. Gavin o! Clay-
House Bill No. 629. A Bill to be entitled an Act to increase the System o! State Aid Roads by the addition o! a road !rom State Highway No. 39 at F~rt Gaines,to State Highway No. 1 at Blakely;and tor other purposes. By Mr. Whaley o! Tel!air-
House Bill No. 644. A Bill to be entitled an Act to amend the Highway Mileage Act by adding a road in Dodge and Telfair Counties;and !or other purposes. By Messrs. Terrell,Groover and Davis ot TrouP-
House Bill No. 559. A Bill to be entitled an Act to increase the mileage o! the State Aid Road System by adding a road so as to connect the City o! Lagrange with Glenn, in Heard County and the Alabama State Line;and !or other purposes. By Mr. Sabados o! Dougherty-
House Bill No. 211. A Bill to be entitled an Act to increase the mileage o! the State Aid Road system by adding a road running by Oaktield and Warwick in Worth County;and !or other purposes. By Messrs. Peebles and Felton ot Bartow-
House Bill No. 454. A Bill to be entitled an Act to amend the Neill-Traylor Act ot 1929 and Map attached thereto so as to add certain road mileage in Bartow County,and !or other purposes.
The following message was received rrom the House through Mr. Kingery, the Clerk thereor: Mr. President:
The House has passed by substitute as amended,by the requisite Constitutional majority the following Bills or the Senate to wit:

1282

JouRNAL OF THE SENATE,

By Senator Skelton of 30th DistrictSenate Bill No. 175. A Bill to be entitled an
Act to amend Section 92-8202 or the Code or Georgia o! 1933 relating to the redemption o! real estate at tax sales and purchased by county authorities by providing !or such redemption within two years upon the payment o! the purchase price and interest at?% per annum.and accrued taxes;by providing that the property so purchased shall not be deemed public property,and !or other purposes.
The following message was received from the House through l1r. Kingery,the Clerk thereof: Mr. President:
The House has passed,as amended,by the requisite Constitutional majority the following Bills of the Senate to wit: By Senator Larsen or 16th District-
Senate Bill No. 141. A Bill to be entitled an Act to amend Section 4361 or the Civil Code relating to the limitation or actions on warrants,chec~ and for other purposes. By Senator Evans o! the 29th District-
Senate Bill No. 17. A Bill to be entitled an Act to amend an Act entitled nAn Act to prohibit the use or steel or other like devices in trapping or catching any birdigame, or animal in this State; to provide a pena ty tor the violation or the provisions of this Act and tor other purposes,approved August 24,1929,by providing that the provisions ot said act shall not apply to counties in the State or Georgia having a population or not less than
9o0r05thaendu.ns.otomr o1re93t0h,aonr a9n0y20fuactucroerdcinegnsutos tohfethceenusu. s
s.,and !or other purposes. The follOWing message was received trom the
House through l1r. Kingery, the Clerk thereof: l1r. President:
The House has passed by the requisite Constitu-

TuESDAY, MARCH 12, 1935.

1283

tional majority the following Resolutions and Bills or the ~enate,to wit: By Senator Almon ot the 37th District-
Senate Bill No. 89. A Bill to be entitled an Act to vest in the tax collectors or such Counties in the State or Georgia as have a population or not less than 9102 and not more than 9120,as determined by the census or the United States or 1930,all the powers or sheriffs or their respective counties relative to the collection and levy or all tax r1 !as issued by such collectors;and ror other purposes. By Senator Almon ot the 37th District-
Senate Bill No. 91. A Bill to be entitled an Act to amend Section 695 or the Political Code or Georgia,relating to road duty exemption in certain counties. By Senator Skelton of the 30th District.
Senate Bill No. 174. A Bill to be entitled an Act to amend Section 91-602 or the Code or Georgia or 1933 relating to county property and the sale or same by authorizing the ordinary or other authority to execute deeds thereto;and for other purposes. By Senator Chappell or the 13th District-
Senate Resolution No. 42. A Resolution proposing to the General Assembly that the State Librarian be authorized to complete the sets or Supreme Court Reports and Park's Annotated Code in the offices or the Judge of the Superior Court of the Southwestern Circuit or Georgia and in the orfice of the Clerk o! the Superior Court of Sumter County,and the City Court of Americus.
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 or the House to wit:

1284

jOURNAL OF THE SENATE,

By Messrs. Benton o! Jasper and Zellner o:r MonroeHouse Bill No. 394. A Bill to be entitled an Act
to regulate the distribution and sales o:r milk,and :ror other purposes.
Senator Dennis o! the 28th.District asked unanimous consent that he be permitted to withdraw Sen. ate Resolution No. 13. and consent was granted.
Senator Beasley ot the 2nd District asked unanimous consent that turther consideration o:r Senate Resolution No. 15 be indefinitely postponed and consent was granted.
The following bill o! the House was read third time and put upon its passage: By Messrs. Lanier Harris and Barrett o:r Richmond Rivers o:r Lanier,McGraw o:r Meriwether,and Terreli o:r Troup-
A BILL
To be entitled an Act to propose to the qualified voters o:r the State o:r Georgia an amendment to Paragraph two (2) Section two (2) o:r Article seven (7) o:r the Constitution o:r the State o:r Georgia so as to exempt tram ad valorem taxation,the owner o:r personal property and also to every guardian,or trustee o:r a !am1ly o! minor children,!or the benetit o:r the ~nor children and also to all persons having the care and support o:r dependent tamales ot any age,all clothing and also personal property not exceeding $500.00 in actual value,and :ror other purposes.
SECTION ONE. Be it enacted by the General Assembly or Georgia that Paragraph two (2) Section two (2) ot Article seven (7) or the Constitution ot Georgia is hereby amended by adding at the end or Paragraph two (2) Section two (2) o! Article seven (7) or the Constitution o:r the State ot Georgia the following: "There is hereby exempted,beginning December 31st 1936,tram all ad valorem taxation,State,County,Mun1-

TuESDAY, MARCH 12, 1935.

1285

cipal and School District,except as hereinafter ex~

cepted,the owner or personal property,also every

guardian or trustee of minor children,!or the be.ne-

tit of the minor children,and also to every aged or

intir.m person or persons having the care and support

or dependent females ot any age,including all cloth-

ing,household,and kitchen furniture and other per~

sonal property not to exceed $500.00 in actual

value;Provided the person or persons herein entitled

to exemption shall register such exemption of per-

sonalty,giving a tull description thereo!,upon such

!orms,terms and manner as shall be prescribed by

the General Assembly of Georgia. Provided further

that the value ot the property. in excess of said

exempted personal property shall be subject to tax-

ation,as now provided by law,the value to be ascer-

tained by the taxing authorities of the County,or

incorporated village,town or city as the case may be,

as in case of other property. Provided further that

such personalty shall remain subject to taxation

!or the payment of the interest on and the retirement

of any bonded indebtedness lawfully incurred by the

Cp eorusnotnya,Ml t yuniiscipsai ltiutay'1teodr ,aSncdhowolhicDhi

strict is out

in sta

which nding

such and

unpaid at the time of 'the ratification of this

amendment". "The words tpersonal property or

tpersonalty,wherever used in this Bill,shall be

defined as personal property used and included solely

within the home,tar.m tools and implements,and ani-

mals or owners which are used !or agricultural pur-

poses,and shall include no other personal property.

SECTION TWO.

Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a two-thirds vote ot the members elected to each House, it shall be entered upon the Journal ot each House with the "yeas" and "nays thereon, and shall be published in one or more newspapers in each Congressional District in the State !or two months previous to the time !or holding the next General Electton,and at the next General Election,shall be submitted to the people for ratification. All persons voting at said election in favor of adopting

1286

JouRNAL OF THE SENATE,

said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification or amendment to the Article Seven (7) Section two {2) Paragraph two {2) or the Constitution exempting $500.00 in actual value from ad valorem taxation in clothing and personal proPerty to every owner or personal property, the guardian or trustee or a family or minor children tor the benefit or the minor children,to all persons having the care and support or dependent females or any age". All persons opposed to the adoption or said proposed amendment to the Constitution shall have written or printed on their ballots the words: "Against the ratification or amendment to Paragraph two {2) Section two (2) Article seven (7} or the Constitution,exempting $500.00 in actual value from ad valorem taxation in clothing and personal property to every owner or personal property,the guardian or trustee or a family or minor children tor the benefit or the minor children,to all persons having the care and support or dependent females or any age",and it the majority or the electors qualified to vote tor the members or the General Assembly voting thereon shall vote tor ratification thereot,when the return shall be consolidated as now required by law in elections tor members or the General Assembly,and return thereof be made to the Governor,then he shall declare said amendment adopted and make proclamation or the results by publication or the resUlts or said elec- tion by one {1) insertion in one or the daily papers or this State declaring the amendment ratified.
SECTION THREE
Be it further enacted,that all laws and parts or laws in conflict with this Act be and the same are hereby repealed.
The co~ttee offered the tollowingamendment: By striking from the caption the words "Not exceeding $500.00 in actual value" and inserting in lieu thereof the words "Not exceeding $300.00 in

TUESDAY, MARCH 12, 1935.

1287

actual value and the words in the bill under Section 1,1n the eleventh (11) line thereof the words "Not to exceed $500.00 in actual value and inserting in lieu thereof the words "Not to exceed $300.00
ti"hnEexaeecmltepuvtainelgnvth$a5lu0(0e11.o~oanlidinnebaytchstuetrraielkoivfnagolute!r"tohmeandCSeoicnntssioteinrttui2tnioginn
in lieu thereof or the Constitution exempting Three Hundred (300) Dollars in actual value,and by strik-
sinagid!rboimllththeeewigohrdtesen"Ethxem(1p8t)inglin$e300in.ooSeicntioanctu2aol f
value" and inserting in lieu thereof the words Exempting $300.00 in actual value.

Senator Jones or the 17th District moved that the bill and all amendments be tabled.

On this motion Senator Smith or the 24th District called tor the ayes and nays and the call was sustained.

Senator Jones of the 17th District asked unanimous consent that he be permitted to withdraw his motion to table the bill and all amendments and consent was granted.

Senator Atkinson of the 1st District moved the previous question and the motion prevailed.

The main question was ordered.

The committee amen&~nt was adopted.

The report of the cammittee,wh1ch was favorable to the passage of the bill,as amended,was agreed to.

On the passage of the bill,as amended,it being a proposed amendment to the Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon

Cooper

Duncan

Beasley

Crawford

Gary

Carrington

Dennis

Gaskins

Clark

Dickerson

Goodwin

1288

JouRNAL oF THE SENATE,

Harden Hart Holt Johnson o:t the
31st Jones Kiker King Kirkland

Lancaster Larsen Lester McGehee McGinty McLeod Milhollin Millican Pope

Ragan
Rawlins Rucker Simmons Skelton Smith Thomas Turner Wright

Those voting in the negative were Senators:

Cannon McWhorter

Scott

Vaughn

Verification o:t the roll call was dispensed with.

The ayes were 38,nays 4.

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

Not voting were: Senators Atkinson o:t the 1st Distrlct,Chappell o:t the 13th District,Darden o:t the 51st District,Eden:tield o:t-the 4th District, Evans o:t the 29th District,JOhnson or the 39th District and Strickland o:t the 3rd District.

Senator Millican o:t the 35th District moved that House Bill No. 32 be ~ediately transmitted to the House and the motion prevailed.

The :tollowing bills and resolutions or the Senate were read third time and put upon their passage:

By Senators scott o:t the 7th District and Lester or the 18th District-
Senate Resolution No. 83. A Resolution proposing to the qualified voters of Georgia an amendment to the Constitution providing for the pro rata reduction or appropriations in the event or a deficit in the cash tunds available to pay appropriations;and tor other purposes.

TuESDAY, MARCH 12, 1935.

1289

The report or the comm1ttee,Which was favorable to the passage or the resolution,was agreed to.
on the passage or the resolution,it being a proposed amendment to the Constitution,the roll was called.
Before the vote was announced Senator Lester or the 18th District moved that Senate Resolution No. 83 be recommitted to the Committee on Amendments to the Constitution and the motion prevailed.
Senator Rawlins of the 45th District asked unanimous consent that he be permitted to withdraw Senate Resolution No. 88 and consent was granted.
By Senator Scott of the 7th DistrictSenate Bill No. 156. A Bill to amend Article 6 of the Constitution of the State of Georgia by adding thereto certain precautions against the dismissal or writs or error in Supreme Court and Court of Appeals of this State;and tor other purposes. Senator Scott of the 7th District offered the following substitute:
A BILL Proposing to the qualified voters or Georgia an amendment to Article VI Section !!,Paragraph VI, or the Constitution or Georgia,providing for the disposition or cases in the Supreme Court where the filing is delayed by reason or the illness or death of the Clerk of the trial court. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Article VI,Section !!,Paragraph VI,o!-the Constitution of Georgia be and the same is hereby amended by adding at the end of said Paragraph the following language: "Provided, that if by reason or the illness or death or the Clerk or the trial court,or some member or his tam1ly,to be certified by him or by the unavoidable delay to be oerti!1ed by the trial judge,the case has not been

1290

JouRNAL oF THE SENATE,

docketed in the Supreme Court before the close o:r the docket at the term to which it is returnable, the same shall be heard at the next term,which shall be the first term",so that said Article VI, Section II,Paragraph VI,as amended,Bhall read as follows:
"Par. VI. Case ,how disposed o:r. The Supreme Court shall dispose or every case at the first or second term a:rter such writ or error is brought and in case the plaintiff in error shall not be prepared at the first term to prosecute the case-unless prevented by Providential Cause;it shall be stricken :rrom the docket and the judgment below shall stand affirmed: Provided,that it by reason or the illness or death or the Clerk or the trial court, or some member or his !amily,to be certified by him,or by the unavoidable delay to be certified by the trial judge,the case has not been docketed in the Supreme Court before the close or the docket at the term to which it is returnable, the same shall be heard at the next term,which shall be the first term." SECTION 2. The foregoing amendment shall be published in at least one newspaper in each Congressional District or this State :ror twomonths next preceding the next general election and at such general election Shall be submitted to the qualified voters,quali!ied to vote :ror members or the General Assembly,:ror ratification or rejection. 'The voters desiring to vote in :ravor or the ratification or the amendment shall have written or printed upon their ballots: "For ratification or the amendment to Article VI,Section II,Paragraph VI or the Constitution or Georgia,providing :ror the disposition or eases in the Supreme Court where the tiling is delayed by reason or the illness or death or the Clerk,or some member or his tamily,to be certified by him or by the unavoidable delay,to be certified by the trial judge or the trial court.

TUESDAY, MARCH 12, 1935.

1291

The voters desiring t.o vote against the ratification of the amendment shall have written or printed upon their ballots:

"Against ratification of the amendment to Article

VGIe1oSregci

tion !!,Para a,providing

graph VI, tor the d

i

of sp

the ositi

Co on

nst of

it c

ution ases i

of n

the Supreme Court where the filing is delayed by

reason of the illness or death of the Clerk or some

member of his family to be certified by him or by

the unavoidable delay,to be certified by the trial

judge of the trial court."

.

Should a majority of the qualified voters voting at said election vote in favor of the ratification ot the amendment, the Governor shall make proclamation thereot,and the foregoing amendment shall become a part of Article VI,Section !!,Paragraph VI ot the Constitution of Georgia.

The substitute was adopted.

The report or the committee,which was favorable to the passage or the bill,by substitute,was agreed to.

On the passage of the bill,by subs~itute,being a proposed amendment to the Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon
Carr1ng~on
Chappell Clark Crawford Dennis Dickerson Duncan Goodwin

Harden Hart Holt Johnson ot the 31st Jones Kiker Kirkland Lester McGehee McGinty McLeod

Millican Pope Ragan Rucker Scott Simmons Skelton
Sm1 t h
Strickland Thomas Vaughn wright

1292

JouRNAl. .oF THE SENATE,

Those voting in the negative were Senators:

Cooper

King

Gary

Larsen

Verification of the roll call was dispensed with.

The ayes were 35,nays 4.

The bill.by substitute.having received the req~1i site two-thirds Constitutional majority,was passed.

Not voting were: Senators Darden of the 51st

District,Eden!ield of 29th Dis~rict Gaskins

the of t

4th Distr he 6th Di

isctrt11Ectv,aJnosh

of nst

the on

of the 39th n!strict,Lancaster of the lOth District,

McWhorter of the Dietrict,Rawlins

19t of

h th

Distri e 45th

cDt11Msitlrhicotl

lin of the 46th and Turner of

the 37th District.

By Senator Lester of the 18th District and Senator McGinty of the 43rd District-
Senate Bill No. 217. A Bill to be entitled an Act to create a commission to inquire into the organization,expenditures,duties,and taxation of the State,County,MUnicipal and other local govermental units;and !or other purposes.

Senator Skelton of the 30th District offered the following amendments to Senate Bill No. 217:

. By adding another section as follows:
section 5. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed."

By adding the following at the end of Section 4:

"The Governor shall be authorized to pay the actual necessary expenses of the Commission !rom any tunds at his disposal.

TuESDAY, MARCH 12, 1935.

1293

The amendments were adopted.

The report ot the committee,which was favorable to the passage ot the bill,as amended,was agreed to.

on
were

2th9e,napyasssaog.e

ot

the

bill,as

amended,the

ayes

The bill,as amended,having received the requisite constitutional majori~y,was passed.

Senator Lester ot the 18th District aSked unanimous consent that Senate Bill No. 217 be immediatelY transmitted to the House and consent was granted.

Senator Jones ot the 17th District moved that the Senate adjourn.

The motion was lost.

Senator Beasley ot the 2nd District aSked unanimous consent that turther consideration ot Senate Bill No. 133 be deterred and consent was granted.

By Senator Rawlins ot the 45th District-
Senate Bill No. 204. A Bill to be entitled an Act to regulate the granting ot new trials;and tor other purposes.

The report ot the committee,Which was favorable to the passage ot the bill,was agreed to.

On the passage ot the bill the ayes were 28,nays
6.

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

By Senator Atkinson ot the 1st District and Senator Lester ot the 18th District-
Senate B111 No. 228. A Bill to be entitled an Act granting authority to the governing and taxing bodies ot counties to levy a tax or license on businesses outside the corporate ltmlts ot municipalities.

1294

JouRNAL OF THE SENATE,

senator Stmmons of the 8th District moved the pre~ vlous question and the motion prevailed.

The main question was ordered.

The report of the conunittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 30, nays 1.

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

Senator Jones of the 17th District moved that the Senate adjourn.

The motion was lost.

Senate Bill No. 141 by Senator Larsen of the 16th District,a bill relating to the limitation of actions. on warrants,checks;and for other purposes,
was taken up for the purpose of considering the
following House amendments thereto:

By Mr. Stephens of Laurens:

8 By striking the word county8 wherever same appears in said bill.

Also amend said bill by adding at the end of Section one the following proviso;

Providing nothing herein shall apply to any county warrant or county order issued against the Treasurer or County Depository thereof.

To amend the caption of said bill by striking

therefrom Section 4361 of the Civil Code of Georgia

1C9h1ap0~be.r1

a3d-7d~inTg1tline

lieu 3 or

thereof Section 3-705 of the Code or Georgia or 1933

(Section 4361 of the Civil Code or Georgia).

To amend Section One (1) by striking from said Section,Section 4361 of the Civil Code of Georgia

TuESDAY, MARCH 12, 1935.

1295

1910,and adding in lieu thereof Section 3-705 ot Chap~er 3-7,Title 3 or the 1933 Code ot Georgia.

The Senate agreed to the above House amendments to Senate Bill No. 141.

Senator Skelton ot the 30th District asked unanimous consent that the Senate stay in session until the pending order or business was disposed or and consent was granted.

Senate Bill No. 71 by Senator Duncan of the 23rd District,a bill increasing the mileage o! the StateAid Road System,was taken up !or the purposes o! considering the following House amendment thereto:

Mr. Rawlins o! Ben Hill moved to amend Senate Bill

No. 71 as follows:



By striking tram Section 2 after the word Authorized,the following words: fmproved and directed, so that said Section When so amended Shall read as follows:

That the State Highway Board is hereby authorized to certify said Road. as a part or the State Aid System in the manner provided by law;and to provide !or the construction,tmprovements,and maintenance of the same,together with all necessary bridges and approach thereon,1n conformity with the law.

The Senate agreed to the House amendment to Senate Bill No. 71.

The hour or adjournment having arrived the President announced that the Senate stood adjourned until 2:00 o'clock P.H.

AFTERNOON SESSION

The President called the Senate to order.

The Rules Camnittee fixed the following order ot business !or the afternoon session or this day:

1296

JoURNAL OF THE SENATE,

Reports of Standing Committees. House Resolution No. 202. House Resolution No. 201. House Bill No. 116. House Bill No. 397. House Bill No. 392. House Bill No. 333. House Bill No. 602. House Bill 'No. 85. House Bill No. 16. House Bill No. 482. The President,in his discretion to call up bills with House amendments or substitutes tor the purpose of agreeing or disagreeing thereto. Putting up House Bill tor first reading and reference. Second reading of House and Senate Bills favorably repo1ted. Mr. Vaugbn o:r the 34th District,Chairm.an of the Committee on Special Judiciary,submltted the following repc;>rt: Mr. President: Your Committee on Special Judiciary have had un-. der consideration the following Bills and Res,lutions of the H<r.J.se and Senate and have instructed me as Cha!rman,to report the same back to the Senate with the following recommendations: House Resolution No. 174-780a, do pass. House Bill No. 628, do pass. House Bill No. 627, do pass. House Bill No. 444~ do pass. House Bill No. 784, do pass. House Bill No. 655, do pass. House Bill No. 99 do pass. House Bill No. 56S, do pass. House B11~ No. 83, do pass. House Bill No. 728, do pass. House Bill No. 769, do pass. House Bill No. 770, do pass.

TuESDAY, MARCH 12, 1935.

1297

House Bill No. 773, do pass. House Bill No. 796, do pass. House Bill No. 772, do pass,as amended. House Bill No. 767, do pass. House Bill No. 768, do pass. House Bill No. 131, do pass. Senate Bill No. 210, do pass.
Respectfully submitted, Vaughn of 34th District, Chairman.
Mr. Clark or the 44th District,Cbainnan of the Committee on Counties and County Matters,submitted the following report: 'Hr. President:
Your Committee on Counties and County Matters have bad under consideration the following Bills of the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 130, do pass. House Bill No. 357, do pass.
Respectfully submitted, Clark of 44th District, - Chairman.
Hr. Clark of the 44th District,Chairma.n of the Committee on Counties and County Matters,submitted the following report: Mr. President:
Your Comm1ttee 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 following recommendations:
House Bill No. 670, do pass.

1298

JouRNAL oF THE SENATE,

House Bill No. 499, do pass. House Bill No. 135, do pass. House Bill No. 671, do pass. House Bill No. 653, do pass. House Bill No. 413, do pass. House Bill No. 692, do pass. House Bill No. 691, .do pass. House Bill No. 789, do pass. House Bill No. 814, do pass. House Bill No. 831, do pass. House Bill No. 790, do pass. House Bill No. 846, do pass. House Bill No. 246, do pass. House Bill No. 548, do pass. House Bill No. 781, do pass. House Bill No. 785, do pass. House Bill No. 832, do pass.
RespectfUlly submitted, Clark of 44th District, Chairman.
Mr. Beasley of the 2nd District Chairman of the Committee on Highways and Public Roads,submitted the following report: Mr. President:
Your Connnittee on Highways and Public Roads 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 following recommendation:
House Bill No. 51, do pass. Respectfully submitted, BeasleY of 2nd District, Chairman.
Senator Skelton of the 30th District moved that the Senate reconsider its action in ordering that House Bill No. 32 be tmmediately transmitted to the House and the motton prevailed.

TuESDAY, MARCH 12, 1935.

1299

Senator Skelton of the 30th District moved that the senate reconsider its action in passing House Bill No. 32 and that it be re-committed to the Committee on Amendments to the Constitution.
The motion prevailed. The following resolutions of the House were read and adopted: By Mr. Kelly of ElbertHouse Resolution No. 202. A Resolution urging Congress to enact legislation to require that Marble granite and natural building stone be used in public building Construction,and for other purposes. Senator Millican of the 35th District offered the following amendment to House Resolution No. 202:
By adding thewords "architectural terra cotta" in paragraph 6 after the words finished marble and further amending same by adding the words architectural terra cotta after the words "granite in paragraph nine of said resolution.
The amendment was adopted.
on the adoption of the resolution,as amended,the ayes were 27,nays 0. .
The following resolution of the House was read and adopted: By Messrs. Bloodworth,Freeman and Bowden of Bibb and others-
House Resolution No. 201. A Resolution petitioning the College of Electors of the Hall of Fame to Nominate and elect to said Hall of Fame ,Sidney Lanier,and for other purposes.
Senator Millican of the 35th District asked unani- mous consent that further consideration of House
Bill No. 116 be deferred and consent was granted.
Senator Millican of the 35th District asked tmanimous consent that House Bill No. 197 be withdrawn tram the Committee an Public Libraries,read a sec-

1300

JouRNAL oF THE SENATE,

ond time and re-committed to the Committee on Public Libraries.

The consent was granted.

The following bill of the House was res.d second time and re-committed to the Committee on Public Libraries:

By Mr. Ramsey of FultonHouse Bill No. 197. A Bill to provide for public
Libraries,and for other purposes~

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

By Mr. Allen of BaldwinHouse Bill No. 397. A Bill to be entitled an Act
to amend Section 1256 of the 1910 Code relating to bonds to be given by State Depositories authorizing depositories to deposit with the State Treasurer bonds of a subsidiary corporation of the United States Govermnent,and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

26,

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

By Messrs. Jackson of Bleckley,Edwards of Lowndes, and others-
House Bill No. 533. A Bill to be entitled an Act
to repeal an Act providing that members ot the
General Assembly shall not be eligible,during their term, to be appointed or employed by any Department of the State;and for other purposes.

The report of the committee,wbich was favorable to the passage of the bill,was agreed to.

TUESDAY, MARCH 12, 1935.

1301

senator Chappell or the 13th District moved that turther consideration ot House Bill No. 333 be deterred and the motion prevailed. By Messrs. Harris or Richmond and Cohen ot Chatham-
House Bill No. 602. A Bill to be entitled an Act to increase the powers and duties ot Temporary Administrators,pending appointment permanent Administrator and Executors,pending determination ot Caveat to wills,and tor other purposes.
The report ot the comm1ttee,which was favorable to the passage or the bill,was agreed to.
o.on the passage ot the bill the ayes were 26,nays
The bill having received the requisite Constitutional majority,was passed.
Senator Crawford ot the 42nd District asked unanimous consent that House Bill No. 85 be deterred and consent was granted. By Mr. Spivey ot Emanuel-
House Bill No. 16. A Bill to be entitled an Act to provide tor.the appointment or special orrtcera upon the request ot the President or resident executive officer ot any company,or corporation operating and doing business in this State as a common carrier,and tor other purposes.
The report ot the committee,which was favorable to the passage of the bill,was agreed to.
On the passage or the bill the ayes were 28, nays 1.
The bill having received the requisite Constitutional majority,was passed.
Senator Skelton ot the 30th District asked unanimous consent that turther consideration ot House Bill No. 392 be deterred and consent was granted.

1302

JouRNAL OF THE SENATE,

Senator Dennis of the 28th District aSked unanimous consent that House Bill No. 640 be withdrawn from the Committee on Finance,read 2nd time and re-committed to the Committee on Finance and the consent was granted.

The following bill of the House was read 2nd time and re-committed to Committee on Finance.

By I1r. Harris of R1 cbmondHouse Bill No. 640. A Bill to be entitled an Act
to amend an Act providing for an occupational tax on all distributors of Motor fuels. and/or kerosene within the State of Georgia,and for other purposes.

Senate Bill No. 34 by Senator Crawford of the 42nd District,a bill authorizing prosecuting officers to prefer accusations in felony cases,and for other purposes,was taken up tor the purpose or considering the following House substitute as amended thereto:

The committee offered the following substitute as amended:

A BILL
To be entitled an Act to amend Section 27-704, Chapter 27-7 of Title 27 ("Cr1m1nal Procedure"), or the Code of Georgia of 1933;to provide that the judges or the Superior Court may open their courts at any time without the presence of either grand jury or traverse jury to re~eive and act upon pleas of guilty in ndsdemeanor cases and in felony cases, less than capital,try the issues in such cases w1 thout a jury;to provide that the accused may waive ind~ctment either in a misdemeanor case or in a felony case,less than cap1ta:i;and to provide that an accusation may be filed in such cases;to provide for trials in county courts,c1ty courts or superior Courts under certain cond1t1ons;and for other purposes.

Be it enacted by the General Assembly of Georgia,

and it is hereby enacted:



TuESDAY, MARCH 12, 1935.

1303

SECT I ON ONE. Section 27-704,Chapter 27-7 of Title 27("Crtminal Procedure") or the Code of Georgia of 1933;is hereby amended by adding at the end or said section the following: "Judges or the SUperior Court may open their courts at any time without the presence of either grand jury or traverse jury to receive and act upon pleas or guilty in felony or misdemeanor cases,except those punishable by death or lite tmprisonment,When the Judge and the accused consent thereto,and the Judge may try the issues in such cases without a jury upon an accusation filed by the prosecuting officer where the accused has waived indictment" ,so that said section when amend-. ed shall read as follows: "27-704. Trial on accusation;waiver of indictment. In all misdemeanor cases and in felony cases other tnan capital felonies in which the defendants have been bound over to the superior court,or are confined in jail pending commitment trial,or are in jail, having waived, commitment trial,the prosecuting officers or such court shall have authority to prefer accusations,and such parties shall be tried on such accusation;Provided that parties going to trial under such accusations shall in writing waive indictment by a grand jury. Judges or the Superior Court may open their courts at any time without the presence or either grand jury or traverse jury to receive and act upon pleas or guilty in misdemeanor cases,and in felony cases except those punishable by death or life imprisomnent,when the Judge and the accused consent thereto,and the Judge may try the issues in such cases without a jury upon an accusation filed by the prosecuting officer where the accused has waived 1ndictment,and consented thereto in writing;and provided further that counsel is presen~ in court representing such defendant either by virtue of his employment or by appointment by the court." (a) All misdemeanor offenses may be tried in any County Court,City Court or Superior Court upon accusation without an indictment by the Grand Jury.

1304

JouRNAL or THE SENATE,

SECTION TWO. All laws and parts o:r laws in con!lict with this Act are hereby repealed. The Senate adopted the House substitute,as amended,to Senate Bill No. 34. Senate Bill No. 69 by Senator Pope o:r the 15th District,a bill providing :ror the issl~Ce o:r disabled ve~erans licenses,was taken up :ror the purpose o:r considering the following House amendments thereto: . Mr. Lewis o:r Bttrke moves to amend Senate Bill No. 69 by adding to Section 1 the following words: "Proo:r of such ten per cent (10%) disability betore the Ordinaries shall be establiShed upon the written certificate o:r two physicians as to such disability,or by a letter or other written evidence !rom the United States Veterans Administration stating the degree o:r disability. Mr. Peebles o:r Bartow moves to amend Senate Bill No. 69 by adding a new paragraph appropriately numbered,as follows: "That no person qualifying under this measure shall be licensed to sell fireworks." The Senate agreed .to the House amendments to Senate Bill No. 69. House Bill No. 12 by the Richmond delegation,a bill proposing an amendment to the Constitution providing :ror the General Assembly to classify property tor taxation,was called up for the purpose o:r considering the Senate amendment thereto which the House had disagreed to. Senator Atkinson o:r the 1st District moved that the Senate insist upon its amendment to House Bill No. 12 and that a Committee o:r conference on the part o:r the Senate be appointed by the President

TuESDAY, MARCH 12, 1935.

1305

to conter with a like Committee ot the House to be appointed bY the Speaker.

The motion prevailed.

Senate Bill No. 175 by Senator Skelton ot the

30th real

Distri estate

cat~1 a t

bi
ax

ll rela sales

ting to the redemption ot and purchased by the county

authorities by providing for such redemption within

two years,was taken up tor the purposes ot considel'-

ing the House substitute and amendment thereto.

The ~resident ruled that the House amendment to the House substitute was out ot order.

The senate disagreed to the House substitute,as amended,to Senate Bill No. 175.

The following bills ot the House were read the first time and referred to Committees:

By Mr Lewallen at BanksHouse Bill No. 10~. A Bill to amend the Neill-
Traylor Hi~~way Bill;and tor other purposes.

Committee on Highways and Public Roads.

By Mr c: Sabados ot DoughertyHouse Bill No. 211. A Bill to increase the State
Highway Mileage;and tor other purposes.

Committee on Highways and Public Roads.

By Mr. Moye and Bleese ot BrooksHouse Bill No. 228. A Bill to increase the State
Highway Mileage;and tor other purposes.

Committee on Highways and Public Roads.

By Mr. Smith ot WebsterHouse Bill No. 245. A Bill to increase the State
Ald Road Mlleage;and tor other purposes.

Committee on Highways and Public Roads.

1306

JouRNAL OF THE SENATE,

By Mr. McBride o:r MontgomeryHouse Bill No. 281. A Bill to increase the mile-
- age o:r the State Aid Road System;and :ror other purposes. Committee on Highways and Public Roads. By Messrs. Hammock o:r Randolph,Clements o:r Calhoun and Gammage o:r TerrellHouse Bill No. 285. A Bill to amend the Highway Mileage Act;and :ror other purposes. Committee on Highways and Public Roads. By Messrs. Welsch and Manning o:r CobbHouse Bill No. 334. A Bill to amend the Highway Mileage Act;and :ror other purposes. Committee on Highways and Public Roads. By Messrs. McKelvey and Sammon o:r GwinnettHouse Bill No. 386. A Bill to amend the Highway Mileage Act;and :ror other purposes. Committee on Highways and Public Roads. By Messrs. Benton o:r Jasper and Zellner o:r MonroeHouse Bill No. 394-. A Bill to regulate the distribution and sale or milk;and :ror other purposes. Committee on Agriculture. By Messrs. Bloodworth,Bowden,Freeman o:r Bibb,and othersHouse Bill No. 421. A Bill to amend the State Aid Road Act;and :ror other purposes. Cammit~ee on Highways and Public Roads. By Messrs. Peebles and Felton ot BartowHouse Bill No. 454. A Bill to amend the NeillTraylor Act;and tor other purposes. . Committee on Highways and Public Roads.

TUESDAY, MARCH 12, 1935.

1307

By Messrs. Williams ot Jones,Daughtry ot Wilkinson and Bloodworth ot Bibb-
House Bill No. 555. A Bill to increase the mileage of the State Aid Road System;and tor other purposes.
Committee on Highways and Public Roads. By Messrs. Terrell,Groover and Davis of TrouP-
House Bill No. 559. A Bill to increase the mileage of the State Aid Road System;and for other purposes.
Committee on Highways and Public Roads. BY'Messrs. Claxton of Jobnson,Spivey of Emanuel, Fowler of Treutlen,and others-
House Bill No. 593. A Bill to designate Highway Mileage;and for other purposes.
Committee an Highways and Public Roads. By Messrs. Edwards and Coleman of Lowndes-
House Bill No. 617. A Bill to amend the Act designating the State Highway mileage;and for other purposes.
Committee on Highways and Public Roads. BY Mr. Gavin of Clay-
House Bill No. 629. A Bill to increase the system or State Aid Roads; and tor other purposes.
Committee on Highways and Public Roads. By Mr. t.Jhaley or Telfair-
House Bill No. 644. A Bill to increase the system or State Aid Roads;and for other purposes.
Committee on Highways and Public Roads. By Mr. Musgrove of Clinch and Mr. Culpepper or Echola-
House Bill No. 731. A Bill to increase the mile-

1308

JouRNAL oF THE SENATE,

eage or the State Aid Road System;and for other purposes.
Co~ttee on Highways and Public R~ds. By Messrs. Gilbert and Scruggs or Washington. House Bill No. 744. A Bill to amend the system or State Aid RoadS;and for other purposes.
Committee on Highways and Public Roads. By Messrs. Caswell of Liberty,Bradley o! Tattnall and Warnell or Bryan-
House Bi-ll No. 828. A Bill to amend the NeillTraylor Act;and tor other purposes.
Committee on Highways and Public Roads. . The following resolutions or the House,were read the first time and referred to Committees: By Messrs. Hogg or Schley,Horton and Young or Sumpter-
House Resolution No. 45-270c. A Resolution to require the Highway Board ot Georgia to add to the State Highway Mileage a road from Ellaville CinouSnctyh;laenydCtoourntyo~1thoerApnudreprossoensv.ille in Sumpter
Committee on Highways and Public Roads. By Messrs. Durden or Daughtry,Parker of Colquitt and Sabados or Dougherty-
House Resolution No. 57-298d. A Resolution to be entitled an Act to increase the State Aid Road System or Georgia;and tor other purposes.
Committee on Highways and Public Roads. The following bills or the Senate,ravorably reported by Comm1ttees,were raad the second time: By Senator Kirkland or the 49th DistrictSenate Bill No. 210. A Bill amending the Act

TuESDAY, MARCH 12, 1935.

1309

creating the City Court ot Claxton;and tor other purposes. By Sertator Rucker ot the 50th District-
Senate Bill No. 229. A Bill amending the Act changing the name ot the Town ot Athens to the City ot Athens;and tor other purposes. By Senator Crawtord ot the 42nd District-
Senate Bill No. 230. A Bill to permit fishing in the rivers ot Floyd County;and tor other purposes.
The ~ollowing resolutions ot the House,tavorably reported by Committees,was read the second time: By Mr. Green ot Rabun-
House Resolution No. 174-780a. A Resolution to relieve Jesse Taylor as surety on bond ot Jesse Dover;and tor other purposes.
The following bills ot the House,tavorably reported by Cammittees,were read the second ttme: By Messrs. Parker and Shirah ot Colquitt-
House Bill No. 51. A Bill to designate the Tatt Memorial Highway;and tor other purposes. By Mr. Morris ot Douglas-
House Bill No. 83. A Bill to amend Section 695 ot the Civil Code ot Georgia ot 1910 enumerating who is subject to road duty;by excepting certain counties;and tor other purposes. By Messrs. Blease and i1oye ot Brooks-
House Bill No. 9~. A Bill changing the tee system in certain counties;and tor other.purposes. By Mr. Smith ot Madison-
House Bill No. 130. A Bill to change the terms
ot Superior Court ot Madison County;and tor other
purposes. By Mr. Sartain ot Walker-
House Bill No. 131. A Bill to provide tor the

1310

JouRNAL oF THE SENATE,

accumulation and preservation by counties or historical matter;and tor other purposes. By Mr. Howard of Screven-
House Bill No. 135. A Bill fixing the amount or bond ot the Sheriff ot Screven County;and tor other purposes. By Messrs. Allen and Ennis ot Baldwin- .
House Bill No. 145. A Bill to require the payment or tees in divorce cases in certain counties; and tor other purposes. By Messrs. Groves of Lincoln; Grayson of Chatham, Moore of Clayton; Bargeron of Burke;and others-
House Bill No. 144. A Bill to be entitled an Act to be known as the 8 Alcohol Beverage Control Act;and tor other purposes. By Messrs. Lindsey,Ansley and Guess ot DeK.a.lb-
House Bill No. 246. A Bill to prohibit the establishment or cemeteries, hospitals and institutions in cert.ain counties without the permi"ssion or the County Camnissioners;and tor other purposes. By Mr. Freeman or Early-
House Bill No. 357. A Bill proh1biting the slaughtering or wild stock in open ranges;and tor other purposes. By Messrs. Stephens and Hogan or Laurens-
House Bill No. 413. A Bill to amend the Political Code and enumerating who is subject to road duty in certain counties;and tor other purposes. By Messrs. Garrett and Camp ot Carroll-
House Bill No. 444. A Bill amending Section 95802 ot the Code ot 1933 so as to exempt certain counties;and tor other purposes. By Mr. Newby or Dooly-
House Bill No. 499. A Bill amending Section 95805 or the Code or Georgia or 1933 so as to exempt certain persons from road duty;and tor other purposes.

TuESDAY, MARCH 12, 1935.

1311

By Mr. Almand,Hartsfield and Ramsey of FultonHouse Bill No. 548. A Bill to provide tor the es-
tablishment o:r County Boards o:r Public Welfare in certain counties;and tor other purposes.

By Mr. Ross of DodgeHouse Bill No. 568. A Bill to repeal the Act
which provides the payment of the salary to the Clerk of the SUperior Court of Dodge County;and for other purposese

By Mr. Howard of ScrevenHouse Bill No. 627. A Bill to amend the Act es-
tablishing the City Court of Sylvania;and for other purposes.

By Mr. Ansley of LeeHouse Bill No. 628. A Bill to amend the Act es-
tablishing the City Court of Leesburg;and for other purposes.

By Mr. Bradley o:r TattnallHouse Bill No. 653. A Bill to fix the rights and
powers of Sheriffs in certain counties;and for other purposas.

By Mr. Bradley of Tattnall-

House Bill No. 655. A Bill to providA for the

payment of cost in felony cases in certain counties;

and for qther purposes.



By Messrs. Hartsfield,Ramsey and Almand o:r FultonHouse Bill No. 670. A Bill to provide that no
person shall establish any dance hall,boxing or wrestling arena in certain counties without the permission of the county comm1ssioners;and tor other purposes.

By Messrs. Hartsf1eld,Ramsey and Almand of FultonHouse Bill No. 671. A Bill to require the tax
Receivers in certain counties to list the white and colored tax payers;and.tor other purposes.

1312

JouRNAL oF THE SENATE,

By Mr. Lee of Pulaski-



House Bill No. 691. A Bill to amend the Act

abolishing the office of Treasurer of Pulaski Coun-

ty;and for other purposes.

By Mr. Lee of PulaskiHouse Bill No. 692. A Bill to reduce the bond
of -the Sheriff of Pulaski County;and for other purposes.

By Messrs. Griffin and Mills of DecaturHouse Bill No. 728. A Bill amending the Act cre-
ating the City Court of Bainbridge;and tor other purposes.

By Messrs. Hartsfield,P.amsey and Almand of FultonHouse Bill No. 767. A Bill to repeal an Act
establishing the City Court of Atlanta;and for other purposes.

By Messrs. Hartsfield,Ramsey and Almand of FultonHouse Bill No. 768. A Bill to add an additional
Judge to the SUperior Court of the Atlanta Judicial Circuit;and tor other purposes.

By Messrs. Hartsfield,Ramsey and Almand of FultonHouse Bill No. 769. A Bill amending the Act es-
tablishing Juvenile Courts in certain counties; and tor other purposes.

By Messrs. AlmandLRamsey and Hartsfield of FultonHouse Bill No. 't70. A Billamending the Act
fixing the salaries of Judges ot City Courts in certain count1es;and !or other purposes.

By Messrs. Almand and Ramsey of FultonHouse Bill No. 772. A Bill to amend the Act
abolishing the tee system in the Superior Court ot the Atlanta Judicial C1rcu1t;and !or other purposes.

By Messrs. Almand,Ramsey and Hartsfield of FultonHouse Bill No. 773. A Bill to supplement the
salaries or the Superior Court Judges or Fulton County;and for other purposes.

TuESDAY, MARCH 12, 1935.

1313

By Mr. DeLoach o:r EvansHouse Bill No. 781. A Bill to create the office
of Tax Commissioner o:r Evans County;and :tor other purposes.

By Hr. Harris,I1r. Lanier and Mr. Barrett of Rich-

mond-



House Bill No. 784. A Bill to provide the appoint-

ment o:r a clerk :tor the office or the Solicitor-

General o:r the Augusta Circuit;and :tor other pur-

poses.

By Hr. Warnell o:r BryanHouse Bill No. 785. A Bill to create the office
of Tax CoDm1ssioner :tor Bryan County;and for other purposes.

By Mr. Moore o:r HaralsonHouse Bill No. 789. A Bill to create the office
of Tax Commissioner for Haralson County;and for other purposes.

By Mr. Mallory o:r TwiggsHause Bill No. 790. A Bill to create the office
ot Tax Commissioner for Twiggs Coqnty;and tor other purposes.

By Messrs Houston and Perry ot Worth- . House Bill No. 796. A Bill to provide tor the
holding or four tenns or SUperior Court each year in Worth County;and tor other purposes.

By Hr. Booth of BarrowHouse Bill No. 802. A Bill to reduce the bond o:r
the Sheriff ot Barrow County;and tor other purposes.

By Mr. Freeman o:r Early. House Bill No. 814. A Bill to tix the salary or the Treasurer o:r Early County;and tor other purpose&

By Mr. McGraw o:r MeriwetherHause Bill No. 831. A Bill to fix the salary of
the Treasurer of Meriwether County;and tor other purposes.

1314

JouRNAL oF THE SENATE,

By Mr. Settle of Butts-
House Bill No. 832. A Bill to amend the Act creating a Board ot Commissioners ot Roads and Revenues tor Butts County;and tor other purposes.

By Mr. Ray ot ApplingHouse Bill No. 846. A Bill to amend the Act cre-
ating a Board ot Commissioners ot Roads and Revenues tor Appling County;and tor other purposes.

The following local bills ot the House were read the thirdt1me and put upon their passage:

By Mr. Booth ot BarrowHouse Bill No. 803. A Bill to be entitled an Act
to repeal an Act which abolished the office ot County Treasurer ot Barrow County;and tor other purposes.

The report ot the Camm!ttee,which was favorable to-the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

28,

The bill having'received the requisite constitutional majority,was passed.

By Mr. Brown ot GlynnHouse Bill No. 244. A Bill to be entitled an
Act to consolidate the ottices and duties or Tax Receiver and Tax Collector ot Glynn County,and tor other p~poses.

The committee ortered the following substitute tor House Bill No. 244:

A BILL
To be entitled an Act to consolidate the ottices and duties or Tax Receiver and Tax Collector or Glynn County,Georg1a;to provide tor a Tax Commissioner or said county and prescribe his duties;to provide tor the election or said Tax Commissioner, his salary and his clerical help;to provide tor

TuESDAY, MARCH 12, 1935.

1315

~the tilling ot any vacancy in said ottice;to prescribe the oath and ~onds to be taken by said Tax Commissioner and tor the disposition ot commissions and tees now paid the Tax Receiver and Tax Collector; to provide tor the levying and collecting ot a tax to pay the salary of said Commissioner and his help, and tor other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION l . That,in accordance with and by authority the amendment to the Constitution ot the State ot Georgia,approved August 18,1924,and ratified at the General election of 1924,the offices and duties of the Tax Receiver and Tax Collector of Glynn County,Georgia, shall, on ~"'ld after January 1,1937, be and they are hereby consolidated into an official performing the duties ot said two ottices,who shall be known as Glynn County Tax .Commissioner. SECTION 2. Said Tax Commissioner shall be elected at the time and in the manner that county officers are elected and the first commissioner hereunder shall be elected in 1936. SECTION 3. Said Tax CODmlissioner shall be commissioned and qualified in the same manner as Clerks ot the Superior Courts. SECTION 4. It a vacancy tor any cause occurs in said ottice ot Tax Commissioner it shall be tilled in the following manner: (a) It such vacancy occurs more than six months before the expiration ot the existing term,the ordinary ot the County shall call an election within ten days ot such vacancy tor the election ot a successor to till out the unexpired term,and it such vacancy occurs within less than six months ot the expiration or the existing term,the Board ot Commissioners ot Roads and Revenues or Glynn County, Georg1a,sball appoint some qualified person to discharge ~he duties ot said office tor the remainder ot said term, and the person so appointed shall be commissioned and qualified as Clerk ot the SUperior Courts and shall receive the pro rata part ot the

1316

JouRNAL oF THE SENATE,

compensation accruing to said office !or the tim~

so appointed.



SECTION s. The salary or said Tax Conmissioner
shall be three thousand dollars per year and shall be paid monthlytand in addition to said salary he shall be allowea the further sum of six hundred dollars per year,but no more,payable monthly,!or clerical help. Said salaries shall be paid out of the County Treasurer.

SECTION s. Said Tax Cammissioner,whether elected
or appointed,as herein provided,be!ore entering upon the duties or his o!!ice,shall make the oath required of all Civil of!icers,such an oath to well and truly administer the affairs and duties or his office or Tax Commissioner of Glynn County,Georgia, and shall also give bond in the sum or $25,000.00 to the ordinary of Glynn County,Georgia;!or the faithful discharge or his duties with respect to taxes collected !or said county,and also bond in the amount required by the State of Georgia !or the faithful discharge or all duties respecting the collection of taxes due to the State or Georgia,both or said bonds to be given in accordance with the requirements or law. respecting Tax Collector and Tax Receiver.

SECTION 7. It shall be the duty or said Tax C(JD.m:l.ssioner to do and pertorm all of the duties heretofore discharged by the Tax Receiver and Tax Collector or said county and to faithfully account tor all monies received by him as taxes to the State and Cotinty.

SECTION a. After this Act takes a!!ect,all cam-
missions and tees heretofore retainedby the Tax Re-
ceiver and the Tax Collector or Glynn County,snall be paid by the Tax Commissioner into the Treasury or said cotmty and become a part of the general tund or the county.

SECTION 9. The County Authorities are hereby authorized to levy and collect ~ tax for the payment

TUESDAY, MARCH 12, 1935.

1317

of the salary or said Tax Commissioner and for his clerical help as herein provided.

SECTION 10. All laws and parts or laws in conflict-herewith are hereby repealed.

The substitute was adopted.

: ~he report of the committee,which was favorable to-the passage or the bill,by substitute,was agreed to.

On
were

2th7e,napyasssaog.e

or

the

bill,by

substitute,the

ayes

siTteheCboinlslt1ibtyu

subst tional

itute,baving received majority,was passed.

the

requi-

By Mr. Brown of GlynnHouse Bill No. 250. A Bill to be entitled an Act
to amend an Act entitled "An Act to establish the City Court or Brunswick,in and tor the County of Glynn" ,and tor oth~r purposes.

The committee offered the following substitute for House Bill No. 250:

A BILL

To be entitled an Act to amend an Act entitled

"An Act to establish the city court of Brunswick

in and tor the County ot Glynn",approved December

199016~8a9n5d,aasmaemndeenddedfubrythaenr

Act approved August 20, by an Act approved August

ll,l~27,so as to change and reduce the salary or

the Judge of the city court or Brunswick,and permit

h~ to practice law;and so as to reduce the salaries

of the clerk and the sheriff or the city court of

Brunswick,and tor other purposes.

Be it enacted by the General Assembly or the State or Georgia,and it is hereby enacted by authority or the same:

SECTION 1. That the Act establishing the City Court of Brunswick in and for the County or Glynn,

1318

JouRNAL oF THE SENATE,

appropvroevdedAuDgeucsetm2b0e~r199u1!o8,9an5d,absyamtheendAedctbayppthroevAedct ap-

August 11 1927,and Section 4 of the Act approved

December 9,1895,as amended by Section 1 or the Act

approved August 11,1927,be amended by striking

Dt hoelrleafrrso m($t4h,oe owo.oordos)"a,annddf ibgyu irne ss e"rFt ionugr

Thousand in lieu there-

of the words and figures "Twenty Four Hundred

($2400.00) Dollars" ,so that the salary of the Judge

ot said City Court ot BrunswiCk shall be $2400.00

per annum,payable monthly at the times and by the

means provided in said Act approved December 9,

1895.

SECTION 2. That the Act approved December 9,1895, establishing the City Court or Brunswick in and tor the County of Glynn,and Section 4 thereot,as amended by the Act approved August 11,1927ibe turther amended by striking therefrom the tol owing words: "The Judge or said City Court of Brunswick shall not engage in the practice of law while holding the office as Judge or said Court",and inserting in lieu thereof the following words: "The Judge of said City Court of Brunswick may engage in the practice of law in the SUperior Courts,or any other courts other than the City Court of Brunswick." Provided,that this section and section 1 of this Act Shall not take effect until January 1,1937.

SECTION 3. That said Act establishing the City Court of Brunsw1ck,and Section 4 thereof,as amended by the Act approved August 11,1927,be turther amended by striking the words and figures "fifteen hundred dollars(fl500.00)" therein and inserting 1n lieu thereof Six Hundred($600.00)dollars" as the salary of the clerk of said court,and so that the salarY of said clerk shall be six hundred ($600.00)dollars a year;and further amended by striking the words and figures "twelve hundred dollars(fl200.00)"therein and inserting in lieu thereof three hundred ($300.00) dollars",as the salary or the sheriff or said court,and so that the salary of said sheriff shall be three hundred($300.00) dollars a year.

TuESDAY, MARCH 12, 1935.

1319

SECTION 4. This Act shall take ettect except as to the salary ot the Judge ot City Court ot Brunswick tram and attar its passage and approval by the Governor.

SECTION 5. All laws or parts ot laws in contlict herewith are hereby repealed.

The substitute was adopted.

The report ot the committee,which was tavorable to the passage ot the bill,by substitute,was agreed to.

On were

2th6e,napyasssaog.e

ot

the

bill,by

substitute,the

ayes

The bill,by substitute,having received the requisite Constitutional majority,was passed.

By Mr. Brown ot GlynnHouse Bill No. 278. A Bill to be entitled an Act
to repeal an Act to create a Board ot Commissioners ot Roads and Revenues in the County ot Gly.nn,and tor other purposes.

The committee ottered the tollowing amendment to House Bill No. 278:

By striking Section 2 thereot and inserting in lieu thereot the tollow1ng:

"Section 2. This Act shall take ettect tram and atter January 1,1937."

The amendment Wa.s adopted.

The report ot the committee,wh1ch was tavorable to the passage ot the blll,as amended,was agreed to.

On the passage or the bill,as amended,the ayes were 27, nays 0.

CoTnhse~1btuiltl1,oansalammaejnodre1d~1yh,awv1ansgpraescseeidv.ed the requisite

1320

JouRNAL oF THE SENATE,

By Mr. Brown of GlynnHouse Bill No. 279. A Bill to be entitled an Act
to create a Board of Commissioners of Roads and Revenues for Glynn County,and for other purposes.
The committee offered the following amendments to House Bill No. 279:
By striking Section 1 thereof and inserting in lieu thereof the following:
"SECTION 1. There is hereby created and establis~ ed in the County of Glynn a Board of Commissioners of Roads and Revenues consisting of three citizens of said county,one to be elected tram the county at large outside of the City of Brunswick and two to be elected tram the City of Brunswick in said county. Said Commissioners shall be elected in the general election of 1936,and shall take office on January 1,1937,and serve for a period of two years,their successors being elected every two years thereafter. They shall elect one of their number as Chairman of said Board.
By striking Section 2 of said Bill in its entire-
ty.
SECTION 2. If a vacancy should occur by death or otherwise in the membership of said Board it Shall .be filled in an election called by the Ordinary within ten days of suCh vacancy to be held not later than thirty days tram the occurrence of such vacancy,which election shall be held in the same manner as elections for members of the General Assembly,unless such vacancy shall occur within six months of the next succeeding general election, in which event the vacancy shall be tilled by the other members of said Board.
SECTION 3. All members of said Board before entering upon the duties thereof shall be required to have administered by the Ordinary the following oath, to wit: you do solemnly swear to faithfully administer the duties of Commissioner of Roads and

TuESDAY, MARCH 12, 1935.

1321

Revenue requirin

o g

tyGoulyrnno!C!iocuinatly,Gacetoirognia~1aondacitnt

a o

ll m the

atter best

s

o! your skill and knowledge and in such manner as

in your opinion will be most conducive to the

welfare or said county,so help you God.

SECTION 4. Said Board or Commissioners or Roads and Revenue shall have exclusive jurisdiction over the control or all county matters such as public roads, bridges, the working and hiring rut or convicts,the maintaining or abolishing the county convict camp,county tinances,the levying and collecting ot taxes tor county purposes,the management,control over and disbursing or county tunds,the erection, repair,and maintenance or public buildings, the supervision over and control or all matters or county finance otherwise vested in the Ordinaries ot this State in counties where there is no Board ot Camnissioners or Roads and Revenue and shall be vested with all the rights,powers and authority formerly vested in the interior courts or this State when sitting tor county purposes prior to the Constitution or 1868 except the calling or elections which shall be by the Ordinary and matters pertaining to education,health,and such other matters as have been bY general law vested in other o!ticers or tribunals. Said Board shall have authority in establiShing,abolishing or changing election precincts,in auditing the books and records or all county o!!icials,in settling all claims against or !or the county,in the complete management,collection1control,handling and disbursement or all .monies oelonging to said County.

By striking Section 6 or said House Bill No. 279 and inserting in lieu thereof the following:

SECTION 5. The Chairman or said Board shall have

a salary not to exceed $50.00 a month,and each or

the other members thereof a salary not to exceed

$25.00 a month,said salaries to be !ixed tram time

to time by the Board within their discretion.

Said Board salary not

is to

aexuctheeodriz$e3d,ootoo.oeompaloYyeaarC,alnedrktoatreaquire

1322

JouRNAL OF THE SENATE,

of him such bond as in their judgment he should give for the faithful discharge or his duties, Which bond shall be approved by the Board as ~o ammmt and form.
SECTION 6. It shall be the duty or the clerk or said Board to keep all records,books,tiles and correspondence pertaining to the office and work of said Board and to act as purchasing agent tor said Board,and to sign together with the Chairman of said Board all checks and vouchers drawn for and in behalf or said.county,but said clerk and the chairman of the Board are not authorized to pay any bills or claims against the county which have not been first approved by a majority of said Board.
SECTION 7. It shall be the duty or said Board to publish quarterly in some newspaper or general circulation in said county a statement of all receipts and disbursements of funds handled by them for the preceding quarter,which statement shall show in detail all monies received and all monies disbursed and the balance on hand,and all the sources !rom which said funds were received and all bills and clatms paid by them for the county.
By striking Section 9 or said House Bill No. 279 and inserting in lieu thereof the following:
~~TION a. This Act shall take effect !rom and
af-ter January 1, 1937.n By adding the following paragraphs: SECTION 9. Said Board shall in its absolute dis-
cretion have authority to levy and collect a tax for the purpose of retiring and pens1on1ng,1n an amount not to exceed 50% of the salary at the t~e of ret1rement,any.employee or the county who shall have served as such employee on a salary basis tor thirty years or more,under such rules and regulations as it may prescribe.

TUESDAY, MARCH 12, 1935.

13Z3

SECTION 10. Should any part of this Act be held to be unconstitutional,such holding shall not affect or destroy the validity of any other portion or part of the Act.

SECTION 11. All laws and parts of laws in conflict herewith are hereby repealed.

The comm1ttee amendments were adopted.

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

On were

2th7e,npayasssaog.e

or

the

bill,as

amended,the

ayes

The bill,as amended,having receiyed the requisite Constitutional majori~y,was passed.

By Mr. Johnson of UpsonBouse Bill No. 755. A Bill to be entitled an Act
to provide tor the election or and to fix the compensation ot the Chairman ot the Board ot Commissioners ot Roads and Revenues ot Upson County,and tor other purposes.

The report or the camnittee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

28,

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

By Mr. Teasley ot CherokeeHouse Bill No. 763. A Bill to be entitled an Act
to tix the amount or the bond or the Sheriff ot Cherokee County,and tor other purposes.

The report of the comm!ttee,which was favorable to the passage of the bill,was agreed to.

On the passage or the bill the ayes were 28, nays o.

1324

JouRNAL oF THE SENATE,

The bill having received the requisite Constitu-

tional majority,was passed.



By Mr. Whaley of TelfairHouse Bill No. 808. A Bill to be entitled an
Act to amend an Act creating the office or Commissioner or Roads and Revenues or Telfair County, and for other purposes.

The committee offered the following substitute for House Bill No. 808:

A BILL

_

To be entitled an Act to amend an Act approved

August 27,193l,Which created the otfice ot Comm1s-

sioner ot Roads and Revenues :ror the County or Tel-

fair,detine the powers and dut1es,provide for his

election,qualifications and campensation,so as to

provide a tour year term for said Commis$ioner,to

provide for the election of the said Commissioner

at the General County Election by the qualified

voters;to provide for the filling of vacancies;

to extend the term or the present Commissioner;

to reduce the bond of said Cammissioner;to provide

:ror an increase of the Clerks salary;and for other

purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Wh~~gt~~~a~~d~~; ~~~i!;to~P8~!~st~to~7A~~,
and Revenues for Telfair County be amended by striking Section 2 ot said Act and inserting in lieu thereof the tollowi~,to wit: "Section 2. The term ot the office ot such cammissioner shall be tor tour years,beginning on January lat., following the General County Election or Telfair County. The Commissioner shall be elected at the general county election at which other officers ot Telfair County are elected. It for any reason,the office or commissioner Shall become vacant,then the Judge of the Oconee Judicial Circuit Shall appoint a commissioner to serve until

TUESDAY, MARCH 12, 1935.

1325

his successor is elected ata special election called by the Ordinary or said County. Provided also that the present Commissioner shall serve until January lat. f'ollowi:g.g the next General Election tor Telfair County. 11 .
Section 2. That the Act approved August ~ ,1931, be amended by striking from the third line of' Section 3 or said Act the words and figures 11Twenty Five Thousand Dollars ($25,00o.oo) and inserting in lieu thereof' the words and figures Eighteen Thousand Dollars ($18,000.00),so that said section as amended shall read as f'ollows,to wit:
S11 ection 3. Before entering upon the discharge of his duties the Commissioner of Roads and Revenues of' said County Shall give bond in sum or Eighteen Thousand Dollars {$la,ooo.oo),with same responsible surety company authorized ~o do business in Georgia as his surety,payable to and approved by the Ordinary or said County,and conditioned for the faithful performance of' the duties or the of'f'ice and the full and true accounting or all moneys,tunds,and effects or said county going into his bands or coming under his custody,possession,and control or expended by virtue of' his direction,such bond to be filed in the office or the Ordinary or said county and there. recorded and safely kept. The pre~um on said bond shall be paid by said county and out of' its funds."
Section 3. That the Act approved August 27,1931, be amended by striking tram the third line or Section 7 or said Act the words and figures 11Seventy Five Dollars ($75.00)and inserting in lieu thereof the words and figures "Eighty Five Dollars ($85.00),so that said Section as amended shall read as followa,to wit:
section 7. Said Commlss1oner or Roads and Revenues of said County shall have authority to employ a competent Clerk,at a salary not to exceed Eighty Five Dollars ($85.00) per month,and is authorized in his discretion to require bond,and shall pre-

1326

JouRNAL OF THE SENATE,

scribe the duties or such clerk,and may, with or without cause,discharge such clerk at any time.a

section 4. That all laws and parts or laws in conflict herewith be and the same are hereby repealed.

The conun1ttee substitute was adopted.

The report or the committee,which was favorable to the passage or the bill,by substitute,was agreed to.

on the passage or the bill,by substitute,the ayes were 28,nays o.

s

iTteheCboinlslt1ibtyu

substitute,having received tional majority,was passed.

the

requi-

The following resolution or the Senate was read and adopted:

By Senator Smith o! the 24th District- . Senate Resolution No. 93. A Resolutlon request-
ing Congress to appropriate funds to acquire and provide a !it and proper memorial on the cite or the last battle o! the War Between the States, at Phoenix City,Alabama;and !or other purposes.

The following communication tram His Excellency, the Governor,was read:

March 12,1935.

TO THE GENERAL ASSEMBLY OF GEORGIA:

I have vetoed House Resolution No. 43-270a and am returning 1t herew1th to your body.

Attached hereto is a copy or the opinion rendered by the Attorney-General holding this Act is unconstitutional tor the reasons set out in the opinion. The opinion or the Attorney-General is made a part ot this message.

TuESDAY, MARCH 12, 1935.

1327

This bill provides that the State Librarian shall furnish to the Solicitor-General or the Eastern Judicial Circuit or Georgia the following books:
One complete set o! Supreme Court Reports rroDI. Volume 1 to Volume 146,inclusive: One complete set or Court or Appeals Reports tram Volume 1 to Volume 19,inclusive: One new Georgia Code or 1933: It also provides tor the State Librarian to furnish one copy or the 13th Court or Appeals Report to the Library or the City Court or Savannah. , As reference to the opinion or the Attorney-General hereto attached will show,the general law provides that the Librarian shall furniSh the Georgia Reports to the Judges or the SUpreme Court: Judges of the Court of Appeals: Judges or the Superior Courts: Clerk or the Supreme Court: Clerk or the Court ot Appeals: Clerk or the Superior Courts: And to the Ordinaries. The general law does not provide tor the furnishing or the Reports or the Code to the SolicitorsGeneral. This Act is,thererore,in conflict with the general law governing this question and is unconstitutional. In addition to the above tne cost or furnishing
mthaeteblyoo$k6s 0uon.odoer. this Act would amount to approxi-
I! the Solicitor-General or the Eastern Judicial Circuit is furnished with the Georgia Reports and the Georgia Code,then the Solicitor-General or ~very other circuit in the State should be furnished with them. To furnish the Solicitors-General with a

1328

JouRNAL or THE SENATE,

complete set or Reports woUld cost approximately $26,000. Practically every Solicitor-General, at the t~e he is elected,owns a set or Georgia Reports and the need tor furnishing these books is not sufficiently great to warrant the expenditure that the State would necessarily have to make.
For the above reasons I am returning House Resolution No. 43-270a without my approval.
Respectf'ully, IDugene Talmadge. Governor. March 12,1935.
Hon. Eugene Talmadge, Governor, State Capitol, Atlanta,Georgia. Dear Governor Talmadge:
In re: House Resolution No. 43-270a This Resolution requires the State Librarian to furnish to the Solicitor-General of the Eastern Judicial Circuit,ror his official use,certain volumes or the Supreme Court Reports and the Court or Appeals Reports and the Code or Georgia of 1933. The general law or the State for the distribution of the Reports or the Supreme Court and the Reports ot the Court ot Appeals provides that they shall be distributed as follows: One CQPY or each to the Justices of the Supreme Court, the Judges or the Court ot Appeals,and Judges of the Superior Courts, the clerk of the Supreme Court,clerk of the Court of Appeals,the clerks of the Superior Courts,and the Ordinaries (Code ot Georgia or 1933,Section 101-205). It is further provided by this Section that the remaining copies shall be kept in the State Library tor use and tor exchange,as is required in the Code.

TuESDAY, MARCH 12, 1935.

1329

The Act of 1933 with reference to the Code of

Georgia of 1933 provides that five-hundred forty-

one copies shall be purchased by the State and de-

livered to the State Librarian,and,"shall be dis-

tributed by the State Librarian to those State

and county officers and others who now receive,

under the authority or law,the Reports of the Su-

preme court and the Reports of the Court of Appeals

of Georgia." It will thus be seen that neither

the law with reference to the distribution of the

Reports of the appellate courts nor the law with

reference to the distribution or the Code of Geor-

gia tion

o s

f

t

o193th3e1

provides Solicito

for furnis rs-Genera

hi l.

n

g

these

publica-

The proposed Resolution providing for a special distribution to the Solicitor-General of the Eastern Circuit is necessarily a special law,and is in conflict with the existing general law providing tor the distribution of these publications.

I am therefore or the opinion that this Resolution is violative of Article !,Section IV,Paragraph I of the Constitution,which prohibits the enactment of a special Act on any matter for which provision is made by general law.

Yours Sincerely, M.J. Yeomans, Attorney-General

The following privileged resolutions were read and adopted:

By Senator Vaughn of the 34th DistrictA Resolution extending the privileges of the
floor to Mrs. Ragan, the channing wife of the Senator of the 14th District.

By Senator Johnson of the 31st DistrictA Resolution extending the privileges or the
floor to Hon. J.H.Moss,Sheriff of Franklin County.

1330

JouRNAL or THE SENATE,

By Senator Lester or the 18th Di~trictA Resolution extending the privileges o! the
!loor to Mrs. Millican and daughter,wi!e and daughter or the Senator o! the 35th District. By Senator Skelton o! the 30th District-
A Resolution extending the privileges o! the !loor to Mrs. H.B.Ritche,President o! the Georgia Federation o! Wamenst Clubs. By Senator Scott o! the 7th District-
A Resolution extending the privileges o! the !loor to Mrs. J.H.Cannon and Hon.J.H.Cannon,Jr., mother and brother respectively or the Senator o! the 40th District. By Senator Crawford or the 42nd District-
A Resolution extending the privileges o! the !loor to Mrs. J .D.K1rkland,w1!e or the Senator o! the 49th District.
Senator Scott o! the 7th District moved that the Senate adjourn.
The motion prevailed. The President announced that the Senate stood adjourned Until tomorrow morning at 9:00 otclock.

WEDNESDAY, MARCH 13, 1935.

1331

Senate Chamber,Atlanta,Georgia. Wednesday,March l3Jl935.
The Senate met,pursuant to adjourmnent,at 9:00 o'clock A.M. this day and was called to order by the President.
Prayer was ottered by the Chaplain. Senator Hart ot the 36th District asked unanimous consent that the calling ot the roll be dispensed with and consent was granted. Senator Hart ot the 36th District,Chairman ot the Committee on Journals,reported that he had examined the Journal ot yesterday and totmd it correct. Senator Pope ot the 15th District asked tman1mous consent that the reading ot the Journal be dispensed with and consent was granted. The Journal was confirmed. Senator Lester ot the 18th District asked tmanimous consent that when the Senate adjourn today that it reconvene at 2:00 P.M. tor an afternoon session,and consent was granted. The Rules Committee fixed the following order ot business tor the forenoon session ot this date, March 13: 1. Introduction ot new matter under the rules. 2. Reports ot Standing Committees. 3. General Bills as follows:
Senate Bill No. l8Q-Amending Code Section 114-405.
House Bill No. 392--0leomargarine tax. House Bill No. 131--Accumulation historical data. House Bill No. 85--Amend Code Section, "Criminal Procedure. Ho".lBe Bill No. 333-Members General AssemblY eligible to employment.

1332

JouRNAL oF THE SENATE,

House Resolution No. 54.-Pulaski Memorial Day. House Bill 116-Declaratory Judgments. House Bill No. 77.--Kidnapping offense. House Bill No. 51--Ta!t Memorial Highway. House Bill No. 363 .-Highway Certificates in certain counties. General Bills with local application in the discretion ot the President. House Bill No. 144--Alcoholic Control.

The following Bills or the Senate read the first t~e and referred to

wCeorme minittteroesd:uced1

By Senator Duncan ot the 23rd DistrictSenate Bill No. 236. A Bill authorizing the
Governor to purchase a sUfficient number or the 1933 Code and to furnish same to the civil officers ot the state to whom the Acts ot the General Assembly are turnished;and tor other purposes.

Committee on Public Library.

By Senator Larsen o! the 16th DistrictSenate Bill No. 237. A Bill to provide tor the
selection ot the official organ in certain countie~ and tor other purposes.

Committee on General Judiciary No. 2.

The following resolution ot the Senate was introduced1read the first t~e and referred to Committee:

BY Senator Crawford ot the 42nd District-
Senate Resolution No. 107. A Resolution to relieve W.H.Tallent as surety;and tor other-purposes.

Committee on Special. Judiciary.

Mr. Milhollin ot the 46th District,Chairman ot the Camm1ttee on Agriculture,submitted the following report:

WEDNESDAY, MARCH 13, 1935.

1333

Mr. President:

Your Committee on Agriculture have had under con-

sideration the following Bills or the House and

Senate and have instructed me as Chairman,to report

the same back to the Senate with the following

recommendations:

-

Senate Bill No. 211, do pass. House Bill No. 47, do pass. House Bill No. 134, do pass.

Respectfully submitted, Milhollin ot 46th 'District, Chairman.

Mr. Skelton or the 30th District,Cha1rman or the Committee an General Judiciary No. l,submitted the following report:

Mr. President:

Your Committee on General Judiciary No. 1 have had under conside~tion the following Bill or the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:

Senate Bill No. 235, do pass.

Respectfully submitted, J.H.Skelton ot 30th District, Chairman.

Mr. King or the 11th District,Chairman ot the Committee on Education,submitted the following report:

Mr. President:

Your Committee on Education have had under consideration the following Bills and Resolutions ot the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

1334

JouRNAL OF TH~ SENATE,

House Bill No. 511, do pass. House Bill No. 865, do pass. House Bill No. 758, do pass. House Bill No. 295, do pass. House ~ill No. 512, do pass. House Resolution No. 124-605c, do pass.
-
Respectfully submitted E.R. King,ot 11th District, Chairman.
Mr. Haner Edentield or the 4th District,Cbainnan or the Committee on Conservations,subm1tted the following report: Mr. President:
Your Committee on Conservation have had under consideration the following Bills or the House and have instructed me as Chairman,to report the same back to the Senate w1th the following recommendations:
House Bill No. 508, do pass. House Bill No. 439, do pass.
Respectfully submitted, Hamer Edenfield or 4th Distric~ Chairman.
Mr. Chappell or the 13th District,Chairman or the Committee on Public Library,subm1tted the following report: Mr. President:
Your Committee on Public Library 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 following recommendation:

WEDNESDAY, MARCH 13, 1935.

1335

House Bill No. 197, do pass. Respectfully submitted, Allen Chappell of 13th District, Chairman.
Mr. Dickerson of the 5th D1strict,Chairman of the Committee on Military Affairs submitted the following report: Mr. President:
Your Committee on Military Affairs 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 following recommendations:
House Bill No. 466, do pass. Senate Bill No. 206, do pass.
Respectfully submitted, F.M. Dickerson,ot 5th District,
Mr. Beasley of the 2nd District Chainnan 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 Resolutions of the House and have instructed me as Cbairman,to report the same back to the Senate with the following recommendations:
House Resolution No. 170-763B, do pass. House Resolution No. 46-270A, do pass.
Respectfully submitted Beasley of 2nd District, Chairman.

1336

JouRNAL OF THE SENATE,

Hr. Clarke of the 44th District,Chainnan of the Committee. on Counties and County Matters,submitted the following report: Mr. President:
Your Committee on Cotmties and County Matters have had under consideration the following Bill of the House and have instructed me as Chainnan, to report the same back to the senate with the following recommendation:
House Bill No. 248, do pass. Respectfully submitted, Clarke of 44th District, Chairman.
Mr. Cooper of the 22nd District,Chairm.a.n 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 following recommendations:
House Bill No. 774, do pass. House Bill No. 383, do pass. House Bill No. 839, do pass. House Bill No. 85?, do pass. House Bill No. 861, do pass. House Bill.No. 797, do pass. House Bill No. 799, do pass. House Bill No. 800, do pass. House Bill No. 817, do pass. House Bill No. 778, do pass. House Bill No. 823, do pass. House Bill No. 756, do pass. House Bill No. 822, do pass. House Bill No. 757, do pass.

WEDNESDAY, MARCH 13, 1935.

1337

House Bill No. 682, do pass. House Bill No. 645, do not pass. House Bill No. 787, do pass. House Bill No. 788, do pass. House Bill No. 786, do pass.
RespectfUllY submitted, Cooper of 22nd District, Chairman.
Mr. Larsen of the 16th District,Chairman of the Camnittee on General Judiciary No. 2,submitted the following report: Mr. President:
Your Conmittee on Judiciary No. 2. have had under consideration the following Bills of the House and Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
Senate Bill No. 227, do pass. House Bill No. 749, do pass,as amended. ,House Bill No. 409, do pass. House Resolution No. 49-270g,do pass. House Resolution No. 145-649c,do pass.
Respectfully subndtted, Larsen of 16th District, Chairman.
Hr. Almon of the 37th Dtstrict,Chainnan of the Committee on Halls and Roams,submitted the following report: Mr. President:
Your Conm1ttee on Halls and Rooms -have had under consideration the following Resolutions of the Sen~ ate and have instructed me as Chainnan, to report the same back to the Senate w1 th the following recommendation:

1338

JouRNAL OF THE SENATE,

Senate Resolution No. 106, do pass.

Respecttully submitted, z.P.-Almon,or 37th District, Chainnan.

Mr. Kirkland or the 49th District,Chairman or the Committee on Western and Atlantic Railroad,submitted the following report:

Mr. President:

Your Comm1ttee on Western and Atlantic Railroad

have had under consideration the following Bill or

the House and port the same

have back

instructed me to the Senate

wa si tCh htahiremar on1ltoowrineg-

recoumendation:

House Bill No. 807, do pass,as amended.

RespectfullY submitted, J. D. Kirkland or 49th District, Chairman.

Mr. Skelton or the 30th District,Chairman or the Committee on General Judiciary No. l,su1Jn1tted the following report:
Mr. President:

Your Committee on General Judiciary No. 1 have

had under consideration the following Bills or the

House and have instru the same back to the

cSteendatme ewaist hCthhaeirmrao.nl1toowirnegp o r t

recommendations:

House Bill No. 220, do pass. House Bill No. 350, do pass. House Bill No. 494, do pass. House Bill No. 654, do pass. House Bill No. 742, do pass. House Bill No. 762, do pass.
Respectfully submitted, J .H. Skelton or 30th. District, Cha1nnan.

WEDNESDAY, MARCH 13, 1935.

1339

Mr. Simmons of the 8th District,Chairman of the COJIID1ttee on Finance,subm1tted the following report: Mr. President:
Your Committee on Finance have bad under conside~ ation the following Resolution of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation:
House Resolution No. 13o-607a,do pass. Respectfully submitted Simmons of the 8th District, Chairman.
Mr. Rawlins of the 45th District Chairman of the Committee on Motor Vehicles,subm1tted the following report: Mr. President:
Your Committe~ on Motor Vehicles 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 following reconmendation:
Senate Bill No. 213, do pass. Respectfully submitted, Rawlins of 45th District, Chairman.
Mr. Chappell of the 13th District,Cbairma.n of the Committee on Public Library, submitted the following report: Mr. President:
Your Committee on Public Library have had under consideration the following Resolutions or the House and have instructed me as Chairman,to report

1340

JouRNAL OF THE SENATE,

the same back to the Senate with the following recommendations:
House Resolution No. 71-372 B,do pass. House Resolution No. 105-508 B,do pass. House Resolution No. 47-270 E,do pass. House Resolution No. 42-259 E,do pass. House Resolution No. 152-684 A,do pass. House Resolution No. 172-763 D,do pass .House Resolution No. 143-639 A,do pass. House Resolution No. 107-539 A,do pass. House Resolution No. 151-665 B,do pass. House Resolution No. 104-508 A,do pass. House Resolution No. 48-270 F,do pass.
Respectfully submitted, Chappell of 13th District, Chairnan.
Mr. Beasley of the 2nd District Chairman of the Commdttee on Highways and Public Aoads,submitted the following report: Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following Bills of the
Ht hoeusesamanedbhaacvket oi n st ht reu cSteendatme ewaisthCthhaeirm:raonl1toowirnegp o r t
recommendations: House Bill No. 805, do pass,as amended. House Bill No. 418, do pass,as amended. House Bill No. 185, do pass,as amended. House Bill No. 329, do pass,as amended. House Bill No. 434, do pass. House Bill No. 619, do pass. House Bill No. 361, do pass. House Bill No. 597, do pass. House Bill No. 487, do pass. House Bill No. 648,do pass. House Bill No. 228, do pass.

WEDNESDAY, MARCH 13, 1935.

1341

House Bill No. 815, do pass. House Bill No. 283, do pass.

Respectfully submitted, Beasley of 2nd District, Chairman.

Mr. Beasley of the 2nd District,Chairman of the Committee on Highway and Public Roads,submltted the following report:

Mr. President:

Your Committee on Highways and Public Roads have had under consideration the following Bills and Resolutions of the House and Senate and have ln. structed me as Chalnnan, to report the same back to the Senate wlth the following recommendations:

senate Resolution No. 96, do pass.

Senate Bill No. 234, do pass.

Senate B111 No. 233, do pass

House Bill No. 766, do pass,as amended.

House Bill No. 386, do pass.

House Bill No. 721, do pass,as amended.

House Bill 334, do pass.

House Bill No. 649, do pass,as amended.

House Bill No. 285, do pass.



House Bill No. 668, do pass.

House. Bill No. 245, do pass.

House Bill No. 828, do pass.

House Bill No. 211, do pass.

House Bill No. 644, do pass.

House Bill No. 106, do pass.

House Bill No. 593, do pass.

House Bill No. 281, do pass.

House Bill No. 559, do pass.

House Bill No. 664, do pass.

House Bill No. 555, do pass.

House Bill No. 454, do pass.

House Bill No. 421, do pass.

House Bill No. 731, do pass,as amended.

House Bill No. 617, do pass,as amended.

House Bill No. 629, do pass,as amended.

House Bill No. 744, do pass,as amended.

1342

JouRNAL oF THE SENATE,

House Resolution No. 27-178a, do pass. House Resolution No. 45-270c,do pass. Housa Resolution No. 57-298d,-do pass. House Resolution No. 125-605d, do pass. Senate Bill No. 212, do pass. Senate Bill No. 222, do pass.
Respectfully submitted,. Beasley of 2nd District, Chairman.
The following message was received !rom the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions o! the House and Senate to wit: By Senator Millican of the 35th District-
Senate Bill No. 77. A Bill to be entitled an Act to repeal an Act approved October 17th,l923 providing that where a municipality inves~s its sinking tund in bonds issued by itself,such bonds Shall be retired and shall no longer constitute an indebt,.. edness of the municipality;and !or other purposes. BY Senator Chappell of the 13th District-
Senate Bill No. 121. A Bill to be entitled an Act to amend Section 22-308 of the Code of Georgia or 1933 which section provides !or the granting or charters by judges or the SUperior Courts in vacation,by adding at the end ot said Section the following: 11The Judges or said Courts are authorized and empowered to sign orders !or incorporation, either at Chambers in the county where the application tor charter is pending,or at Chambers 1n any county which forms a part ot the Judicial Circuit in which said application is pending;and tor other purposes. By Senator Larsen of the 16th District. Senate Bill No. 177. A Bill to be entitled an Act

WEDNESDAY, MARCH 13, 1935.

1343

to provide that an election for the office of Lieutenant-Governor shall be first held at the next General Election after the approval or th1s Act;and that the duly elected candidate Shall take office at the same ttme as the governor elected at said next general election;and for other purposes.

By ~enator Skelton or the 30th DistrictSenate Bill No. 185. A Bill to be entitled an Act
to amend Code Section 38-1606(586l)or the Code of Georgia of 1933 so that parties plaintiff and parties defendant may testify in cases involving actions for breach or promise or marriage and removing the disability heretofore existing under the terms or said section.

By Senator Vaugh of the 34th District-

Senate Resolution No. 68. A Resolution resolved

bY the
ing, th

aSt etnhaete~1:t)htaeteHLouibser

or R arian

epresentat is hereby

ives auth

concurrorized

and directed to furnish to each member or the pre-

sent General Assembly or Georgia! the new 1933 Code

or Georgia,at the actual Wholesa e or net cost to

the State or such Code.

By Senator McWhorter or the 19th DistrictSenate Resolution No. 81. A Resolution desig-
nating and naming State Highway No. 12 the ALEXANDER H STEPHENS HIGHWAY

By Messrs. Jackson or Habersnam,Rivers of Lanier, Peters of Meriwether,and others-
House B111 No. 451. A Bill to be entitled an Act to amend the Act approved February 20,1922,so as to provide for the establishment or a Ninth District Junior Col1ege;and for other purposes.

The following message t.rom the House was received through Andrew J. Kingery, Clerk:

Mr. President:

The House insists on the House SUbstitute to the following bill or the Senate: to wit:

1344

JouRNAL oF THE SENATE,

By Senator Millican of 35th DistrictSenate Bill No. 79. A Bill to be entitled an Act
to provide tor confirmation of sales under toreclosure proceedings on real estate,to ltmit and abate deficiency judgments in suits and foreclosure proceedings on debts secured by mortgages,security deeds,and tor other purposes.
The Speaker has appointed as a Conmittee ot Conterence on the part ot the House to confer with a like Committee on the part ot the Senate,the following members or the House, to w1t:
Mr. Minchew ot Atkinson. Mr. Parker or Colquitt. Mr. Almand or Fulton. The following message was received trom the House through Mr. Kingery, the Clerk thereof: Mr. President: The House has passed by the requisite Constitutional majority the following Bills and Resolutions ot the House to wit: By Mr. Pound ot HancockHouse Resolution No. 191-873c. A Resolution authorizing the State Librarian to furnish the county ot Hancock certain numbers or both the Court of Appeals and the Supreme Court reports,also certain numbers ot Park's Annotated Code. By Messrs. Leonard and Sartain ot WalkerHouse Resolution No. 190-873b. A Resolution authorizing the State Librarian to turnish the County ot Walker certain numbers ot both the Court or Appeals and the Supreme Court reports,also certain numbers of Park's Annotated Code. By Mr. Oden ot PierceHouse Bill No. 620. A Bill to be entitled an Act to appropriate Fifty Thousand {$50,000)Dollars tor use in combating the screw worm in Georgta;and tor other purposes.

WEDNESDAY, MARCH 13, 1935.

1345

By Mr. Brown ot GlynnHouse- Bill No. 170. A Bill to be antitled an Act
to provide tor a commission to advertise Georgia; and tor other purposes.

By Mr. Culpepper ot EcholaHouse Bill_No. 584. A Bill to be entitled an Act
to provide tor an additional Voting Precinctin the Mayday Voting Precinct same being the 1306th Georgia Militia District in and tor Echols County;and tor other purposes.

By Mr. McCracken ot J ettersonHouse Bill No. 869. A Bill to be entitled an Act
to amend the Highway Mileage Act by adding additional mileage in Jefferson County,tro.m Wadley,Georgia, to where Wadley and Midville Roads intersect with State Route No. 17;and tor other purposes.

By Messrs. Guess,Ansley and Lindsay ot DeKalbHouse Bill No. 651. A Bill to be entitled an Act
to enlarge and more clearly define the powers and duties ot county boards ot tax assessors in counties having a population ot not less than 70,000 nor more than 72,400;and tor other purposes. _

By Mr. Marshall House Bill No.

ostaMo.acoAn-Bi

ll

to

be

entitled

an

Act

to change the compensation ot the county cammissio~

era ot Macon County;and tor other purposes.

By Mr. McCracken ot Jefferson-

House Bill No. 870. A Bill to be entitled an Act

to amend an Act designating the Highway Mileage by

adding additional mileage in Je:rterson County;and

tor other purposes.

-

By Mr. Edwards ot Stephens-

House Bill No. 850. A Bill to amend an Act proViding tor

tthoebeteremnstitoltedtheansAu-et

perior Court of Stephens County,to prescribe the

time tor holding the same;and tor other purposes.

1346

JouRNAL oF THE SENATE,

By Messrs. Standard o:r Wilcox, Thrasher o:r Turner, and Lee o:r Pulaski-
House Bill No. 433. A Bill to be entitled an Act to increase the mileage o:r the State Aid System o:r Roads by the addition or roads in certain counties; and tor other purposes.
The following message was received tram the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following Resolutions and Bills ot the House to .wit: By Mr. Holland or Cbattooga-
House Resolution No. 192-873d. A Resolution authorizing the State Librarian to furnish the County o:r Chattooga certain numbers o:r both the Court o:r Appeals and. the Supreme Court Reports,also certain numbers o:r Park's Annotated Code. By Mr. Lindsay or DeKalb-
House Resolution No. 198-898a. A Resolution :tor the release or Frank L. Jones surety;and for other purposes. By Messrs. Woods and Spivey o:r Emanuel-
House Resolution No. 189-873a. A Resolution authorizing the State Librarian to furnish the County or Emanuel certain numbers o:r both the Court of Appeals and the Supreme Court Reports,also certain numbers of Park's Annotated Code. By Mr. Lindsay or DeKalb-
House Resolution No. 186-862a. A Resolution authorizing the State Librarian to loan to Emory University Library,certain journals;and for other purposes. By Mr. Deal o:r Bulloch-
House Resolution No. 207. A Resolution declaring it the policy o:r this House to cooperate with all

WEDNESDAY, MARCH 13, 1935.

1347

the Departments,the Senate and the Governor,in an effort to obtain a reformation ot the present ad valorem tax system;and for other purposes. By Mr. Douglass ot Talbot-
House Bill No. 174. A Bill to be entitled an Act to authorize the County Cammissioners,or other County authority,in Counties having a certain POPulation to supplement the compensation of the sheritt;and tor other purposes. By Messrs. Spivey and Woods ot Emanuel and Claxton ot Johnson-
House Bill No. 464. A Bill to be entitled an Act to amend Title 3,Chapter 3-S,Section 3-505 ot Code of Georgia,l933;and tor other purposes. By Messrs. Black ot Forsyth,Wh1tmire ot Dawson and Jones of Lumpkin-
House Bill No. 583. A Bill to be entitled an Act to increase the Ddleage ot the State Aid Road System by the addition th~reto ot a highway;and tor other purposes. By Messrs. Hand ot Mitchell,Groves ot Lincoln and Houston ot Worth-
House Bill No. 656. A Bill to be entitled an Act to amend.Section 84-402 ot Chapter 84-4 ot the Code ot Georgia ot 1933,so that same shall not apply to certain Counties;and tor other purposes. By Messrs. Spivey ot Emanuel,Freeman ot Bibb and Claxton ot Johnson-
House Bill No. 745. A Bill to be entitled an Act to promote public Health safety,morals and general welfare by prohibiting marathon dance contests and similar physical endurance contests;and tor other purposes. By Mr. Watkins ot Oglethorpe-
House Bill No. 782. A Bill to be entitled an Act to add to the State Highway System ot Georgia a road trom Co1mty site to County site trom Crawfordville in Taliaferro County to Lexington in Oglethorpe.County;and tor other purposes.

1348

JouRNAL OF THE SENATE,

By Messrs. Hartstield,Ramsey and Almand or FultonHouse Bill No. 819. A Bill to be entitled an Act
to amend the State Highway Mileage Act by adding additional mileage or a road in Fulton County;and tor other purposes.

By Messrs. Hartstield,Ramsey and Almand or Fulton~ Morris ot Douglas-
House Bill No. 820. A Bill to be entitled an Act to amend Neill-Traylor Act by adding a road in Douglas and Fulton Counties,known as the Old Austell Road to the Highway System;and tor other purposes.

By Mr. Almand or Fu1tonHouse Bill No. 829. A Bill to be entitled an Act
to regulate target shooting in certain counties in Georgia on Sundays or holidays;and tor other purposes.

By Messrs. Williams and Brooks or JacksonHouse Bill No. 860. A Bill to be entitled an Act
to increase the mileage or the State Aid RQad System by the addition or a highway in Jackson County; and tor other purposes.

By Mr Dobbins ot Morgan-

House Bill No. 892. A Bill to be entitled an Act

to create a board or Commissioners or Roads and

Revenues in and tor the County ot Morgan;a.nd tor

other purposes.



By Mr. Lee or PulaskiHouse Bill No. 895. A Bill to be entitled an Act
to repeal an Act creating an ottice or Commissioner of Roads and Revenue in Pulaski Countyand to provide the conditions upon which this Act shall became errective;and tor other purposes.

The President announced as a camm1ttee or conference on the part of the Senate to conter with a like committee of the House on House Bill No. 12, known as the Property Tax Classification Bill,the following:

WEDNESDAY, MARCH 13, 1935.

1349

Senator Stmmons o! the 8th District, Senator Millican o! the 35th District,and senator Atkinson o! the 1st District. The following bills and resolutions ot the House and Senate were read and put upon their passage: By Senator Vaughn o! the 34th District and Senator Atkinson o! the 1st DistrictSenate Bill No. 180. A Bill to be entitled an Act to amend Title 114,Chapter 114-1 or the Code of Georgia o! 1933,by striking !ram said Chapter the word average and inserting the word "regular"; and !or other purposesc The report o! the committee,which was favorable to the passage o! the bill,was agreed to. On the passage o! the bill the ayes were 26,
nays o.
The bill having received the requisite Constitutional majortty,was passed.
The President introduced to the Senate Hon. P.H. Calhoun, Ordinary o! Fulton County tor the past 54 years. By Mr. Preston of Walton-
House Bill No. 392. A Bill to be entitled an Act providing for excise tax on all oleamar3arine containing any fat;providing for the plaeing of stamps _evidencing payment of said tax,and providing offenses,fines and punishment;and for other purposes.
-The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 19, nays 7.
The bill having failed to receive the requisite Constitutional majority,was lost.
Senator Simmons ot the 8th District moved that the Senate reconsider its action in deteating House Bill No. 392 and the motion prevailed.
By Mr. Sartain ot Walker-
House Bill No. 131. A Bill to be entitled an Act

1350

JouRNAL OF THE SENATE,

to provide tor the accumulation and preservation by counties ot historical matter,other than legal matter;to require the ordinary to receive and preserve such historical matter;and tor other purposes.

The report ot the cammittee,which was favorable to the passage ot the b~ll,was agreed to.

On
nays

oth.e

passage

ot

the

bill

the

ayes

were

31,

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

Senator Crawford ot the 42nd District asked unanimous consent that House Bill No. 85 be indefinitely postponed and consent was granted.

By Messrs. Jackson ot Bleckley,Edwards ot Lowndes, Harris ot Richmond,Dyer ot Coweta,Spivey ot Emanue~ Ennis of Baldwin-
House Bill No. 333. A Bill to be entitled an Act to repeal Section 89-102 ot the Code or Georgia ot 1933,Which provides that members ot the General Assembly shall not be eligible,during their terms, to be appointed or employed by any Department ot the State;and tor other purposes.

- Senator Hart or the 36th District moved the previous-question and the motion prevailed.

The main question was ordered.

The report or the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage or the bill the ayes and nays were called tor and the call was sustained.

The roll was called and the vote was as tollows:

Those voting in the attirmative were Senators:

Almon

Darden

Hart

Atkinson

DiCkerson

Holt

Beasley

Duncan

Johnson ot the

Cannon

Edenfield

31st

Carrington

Gary

Johnston ot the

Clark

Gaskins

39th

Cooper

Harden

King

WEDNESDAY, MARCH 13, 1935.

1351

Lancaster McLeod McWhorter Milhollin Pope

Rawlins Rucker Skelton Strickland

Thomas Turner Vaughn Wright

Those voting in the negative were Senators:

Chappell
Evans
Jones Kirkland

Larsen Lester McGehee McGinty

Scott S1mmons Smith

Verification of the roll call was dispensed with.

The ayes were 32,nays 11.

The bill having received the requisite Constitutional major1ty,was passed.

Not voting were: Senators Crawford of the 42nd

District Dennis of the 20th District,Kiker of

2t h8eth4D1 sist trDiicst,tGroioctd,w~ilnliocfant h e

of the 35th District and Ragan of the 14~ District.

By Messrs. Gardner of Candler,Cohen of Chatham,and

Mrs. Coxon of Long-



House Resolution No. 54-298a. A Resolution di-

recting the Governor to proclaim October 11th ot

each year "General Pulaski's Memorial Day";and tor

other purposes.

The report ot the comm1ttee,which was favorable to the passage of the bill,was agreed to.

on the passage of the bill the ayes and nays were
called for and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley

Cannon Carrington Chappell

Clark Cooper Crawford

1352

JouRNAL oF THE SENATE,

Darden Dickerson Duncan Edenfield Evans
Gary
Gaskins Harden Hart Johnson of the 31st

JohnSton ot the 39th Jones King Kirkland Lancaster Larsen Lester McGehee McLeod McWhorter Milhollin

Pope Ragan Rawlins Scott S1mmons Skelton
Smith
Strickland Vaughn wright

Verification of the roll call was dispensed with.
The ayes were 40,nays o.

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

Not voting were: Senators Dennis ot the 28th District,Goodwin ot the 20th District,Holt or the 48th District,K1ker of the 41st District,McGinty or the 43rd District,Millican or the 35th Distr1ct,Rucker ot the 50th D1str1ct,Thamas of the 33rd District and Turner ot the 32nd District.

Senator Skelton of the 30th District asked unanimous ccnsent that House Bill No. 333 be immediately transmitted to the House and consent was granted.

By Messrs. Almand and Hartsfield of Fulton and Terrell of TrouP-
House Bill No. 116. A Bill to be entitled an Act to authorize the courts of record in this State to render a Declaratory judgment and to provide the procedure therefor;and for other purposes.

Senator Evans of the 29th moved that the bill be tabled and the motion was lost.

The amendment by Senator Millican was adopted

. The report of the comm1ttee,wh1ch was favorable to the passage of the b1ll,was agreed to,as amended.

WEDNESDAY, MARCH 13, 1935.

1353

On the passage or the bill,as amended,the ayes were
Z3,nays 24.

The billtas amended,having tailed to receive the requisite ~onstitutional majority,was lost.

senator Atkinson or the 1st District aSked unanimous consent that further consideration or House Bill No. 77 be deterred and consent was granted.

By Messrs. Parker and Shirah or ColquittHause Bill No. 51. A Bill to be entitled an Act
to designate the Tatt Memorial Highway;and tor other purposes.

The report ot the camm1ttee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 31, nays o.

The bill haVing received the requisite Constitutional maj~rity,was passed.

By Messrs. Parr or Taylor and Johnston ot UpsonHouse Bill No. 363. A Bill to be ent1tled an Act to amend an Act approved March 1 1933 providing tor the issuance ot certificates ot Indebtedness by-the Highway Department to the counties or a certain POPulation or this State;and tor other purposes.

The report or the cammittee,Which was tavorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

31,

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

The tollowing general bills and resolutions ot the House,with local application,were read the third ttme and put upon their passage:

1354

JouRNAL or THE SENATE,

By Mr. Morris or DouglasHouse Bill No. 83. A Bill to be entitled an Act
to amend the Qivil Code or Georgia or 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 tax in certain counties;and tor other purposes.

The report or the Cammittee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 28, nays o.

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

By Messrs. Blease and Moye or BrooksHouse Bill No. 99. A Bill to be entitled an Act
to repeal Act No. 283 changing !rom the tee to the salary system in certain counties;and tor other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

31,

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

By Messrs. Allen and Ennis or BaldwinHouse Bill No. 145. A Bill to be entitled an Act
to require the payment or tees or clerks and sher- itts ot the SUperior Court in divorce cases in certain counties in the State or Georgia;and tor other purposes.

The report or the co~ttee,wh1ch was favorable to the passage or the b1ll,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

32,

WEDNESDAY, MARCH 13, 1935.

1355

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

By Messrt;J ._ Lindsay,Ansley and Guess of DeKalbHouse Bill No. 246. A Bill to be entitled an Act
to prohibit the establishment of cemetery,hospitals and institutions in certain counties without permission from county cammissioners;and for other purposes.

The report ot the committee,which was favorable to the passage ot the bill,wae agreed to.

On nays

toh. e

passage

ot

the

bill

the

ayes

were

27,

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

By Mr. Brown ot GlynnHouse Bill No. 249. A Bill to be entitled an Act
to amend an Act entitled "An Act to change trom the tee to the salary system in certain counties in Georgia,approved August 13,1924, by making th~ provisions thereof applicable to all counties having a population of not less than 19,300 nor more than 19,500;and tor other purposes.

Senator Edentield of the 4th District offered the following amendment to House Bill No. 249:

By adding to Section 2 thereof,the following words and f1gures,to wit: "and also a clerk at salary not to exceed a total of twelve hundred dollars a year, and shall be furnished by the county with an automobile to be used by him for official business onlY, expenses or operating to be borne by the county."

The amendment was adopted.

The report ot the cammittee,which was favorable to the passage of the bill,as amended,was agreed to.

On the passage of the b1ll,as amended,the ayes were 26,nays 2.

1356

JouRNAL oF THE SENATE,

The bill,as amendedlhaving received the requisite Constitutional majori~yJwas passed.

By Mr. Brown o! GlynnHouse Bill No. 266. A Bill to be entitled an Act
to amend Sections 34-1903,34-1904 and 34-1905 o:r the Code o:r 1933 by providing that said sections shall not apply to those counties having a population under the census of 1930,o! not less than 19,300 nor more than 19,500; and tor other purposes.

The report of the committee,which was favorable to the passage o:r the bill,was ,agreed to.

On nays

the
o.

passage

ot

the

bill

the

ayes

were

26,

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

By H;r. Freeman of EarlyHouse Bill No. 357. A Bill to be entitled an
Act to provide that owners o! live stock in Early County shall be prohibited from slaughtering,killing or destroying live stock in open range;and tor other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On the passage ot the bill the ayes were 28, nays 1.

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

By Messrs. Stephens B.nd Hogan of LaurensHouse Bill No. 413. A Bill to be entitled an Act
to amend Section 695 ot the Political Code of 1910 enumerating who is subject to road duty or commutation tax in lieu thereot,by exempting counties with a cer~in population tram the provisions thereo:r;and tor other purposes.

WEDNESDAY, MARCH 13; 1935.

1357

The report ot the committee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 33,nays L

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

By Messrs. Garrett and Camp or CaiTollHouse Bill No.444. A Bill to be entitled an Act
to amend section 95-802 or the Code ot 1933 so as to exempt certain counties;and tor other purposes.

The report ot the cammittee,which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

30,

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

By Mr. Gnann or EffinghamHouse Bill No. 484. A Bill to be entitled an Act
to amend the Neill-Traylor Highway Map,so as to add to said map a road beginning at Old Ebenezer Church in Effingham County;and tor other purposes.

The report or the committee,wh1ch was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 33, nays 1.

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

By Hr. Newby or DoolyHouse Bill No. 499. A Bill to be entitled an Act
to amend the Code or Georgia which provides that certain persons shall be subject to road duty;and tor other purposes.

The report or the committee,wh1ch was favorable to the passage or the bill,was agreed to.

1358

JouRNAL or THE SENATE,

On
nays

the
o.

passage

ot

the

bill

the

ayes

were

28,

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

ByH~::rgi1~1~~~~a:tsfi~i~l~~ ~:~i~{e~0~~t

to provide for the establishment ot county boards

ot Public Welfare in counties having population o!

200,000 or more;and tor other purposes.



The report o! the camm1ttee,wh1ch was favorable
. to the passage o! the bill,was agreed to.
nayOsn oth.e passage ot the bill the ayes were 28,

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

By Mr. Ross of DodgeHouse Bill No. 568. A Bill to be entitled an Act
to repeal an Act which provides for the payment of the salary in lieu ot tees to the Clerks of the SUperior Court in certain counties o! this State; and for other purposes.

The report ot the eommdttee,wbich was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Mr. Parker and Shirah o:r Colquitt-

House Bill No. 638. A Bill to be entitled an Act

to repeal Section gia enumerating th

e695p,eVrosolunmses1u1ooj:er ctthetoCroodaed

o:r Georduty

1n Georgia relating to road taxes 1n certain coun-

ties tram the provisions thereo:t;and :tor other pur-

poses.

WEDNESDAY, MARCH 13, 1935.

1359

The report or the commlttee,whlch was favorable to-the passage or the bill,was agreed to.
On the passage of the bill the ayes were 29,
nays 1.
The bill having received the requisite Constitutional majority,was passed. By Mr. Bradley or Tattnall-
House Bill No. 653. A Bill to be entitled an Act to fix the rights and powers or Sheriffs in counties with a population or not less than 15,410 and not more than 15,415;and tor other purposes.
The report of the committee,which was favorable to the passage or the bill,was agreed to.
o.On the passage or the bill the ayes were 30,nays
The bill having received the requisite Constitutional majority,was passed. By Mr. Bradley or Tattnall-
House Bill No. 655. A Bill to be entitled an Act to provide for the payment or the Clerk and Sheriff ot felo~ costs in cases where the defendant is convicted in counties with a population of not less than 15,410,and not more than 15,415;and tor other purposes.
The report or the commlttee,whlch was favorable to the passage or the bill,was agreed to.
On the passage of the bill the ayes were 29,
nays o.
The bill having received the requisite Constitutional majority,was passed.
By Mr. Watson ot Paulding-
House Bill No. 662. A Bill to be entitled an Act to prohibit certain persons tram buying or selling to certain classified counties anything whatsoever either directly or indirectly;and tor other purposes.

1360

JouRNAl. oF THE SENATE,

The report of the comm1ttee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 33, nays 1.

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

By Messrs. Hartafield,Alllland and Ramsey of FultonHouse Bill No. 670. A Bill to be entitled an Act
to-provids that no person,f1rm or corporation shall
establish any dance hall,boxing or wrestling arena
in any county of population of 200,000 or more without permission of ~e County Cammissioners;and for other purposes.

The report of the coDJD.1ttee,wh1ch was favorable to the passage of the bill,wa.s agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

31,

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

By Messrs. Hartsfield,Almand and Ramsey of FultonHouse Bill No. 671. A Bill to be entitled an Act
to require the Tax Receivers in all counties of 200,000 population,or over,to list the white and colored tax payers in a certain manner;and for other purposes.

The report of the committee,which was favorable to the paJsage of the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

33,

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

By Messrs. House Bi

lAl lmNaon.d~H69a.rtsAfiBelidl

and l to

Ramsey of Fultonbe entitled an Act

WEDNESDAY, MARCH 13, 1935.

1361.

to amend an Act to establish Juvenile Courts in certain counties by tixing the salary of the judge of said Juvenile Court in counties having a population of 200,000 or more;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

toh.e- passage

of

the

bill

the

ayes

were

34,

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

By Messrs. Almand,Hartsfield and Ramsey of FultonHouse Bill No. 770. A Bill to be entitled an
Act to amend an Act reducing and fixing the salary of judges of City Court of this State in counties having therein a city of population of not less than 175,000;and for other purposes.

The report of the committee,which was favorable to the passage of the b~ll,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

26,

The bill having received the requisite Constitutional majority,waspassed.

By Messrs. Bloodworth,Freeman and Bowden of BibbHouse Resolution No. 171-763c. A Resolution des-
ignating tne bridge over the Ocmulgee River at Spring Street 1n the City of Macon,B1bb County, Georgia as the W.L.(Young)Stribl1ng Memorial Bridge; and for other purposes.

The report of the committee;which was favorable to the passage of the resolution was agreed to.
32o,nnaythseop.assage or the resolution the ayes were

The resolution having received the requisite Con-

stitutional majority,was passed.



1362

JouRNAL or THE SENATE,

By Mr. Green ot RabunHouse .Resolution No. 174-78Qa. A Resolution to
relieve Jesse Taylor as surety on bond ot Jesse Dover;and tor other purposes.

The report ot the committee,which was favorable to the passage ot the resolution,was agreed to.

On nays

oth.e

passage

ot

the

resolution

the

ayes

were

29,

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

By Messrs. Parker and Shirah ot ColquittHouseResolution No. 92-474b. A Resolution pro-
posing to the qualified voters ot the State ot Georgia an amendment to the Constitution ot the State ot Georgia authorizing the City ot Moultrie to pass and entorce zoning and planning laws tor said City;and tor other purposes.

Be it resolved by the General Assembly ot the State ot Georgia:

Section 1. That Paragraph 25 ot Section 7 ot Article 3 ot the Constitution ot the State ot Georgia be amended by adding atter the word "East Thomaston 1n line five the word "Moultrie,and by adding atter the word 11East Thomaston in line titteen the word "Moultrie",so that said Paragraph 25 ot Section 7 Gt Article 3,when so amended,shall read as follows:

"The General AssEmbly ot the State shall have authority to grant to the governing authorities ot tbhues,Lca1Gt1raensgeo,rBrAutnlsawn1tackS,wavaayncnroashs1,MAlabcaonny,ALAugthuestnas,,CRoolmume,Darien, Dublin, Decatur,Valdosta,.Newnan,'l'noma.ston, and East Thomaston,Moultrie,and cities having a population ot 25,000 or more inhabitants according
to the Un1ted Statea census ot 1920 or any tuture
census,authority to pass zoning and planning laws whereby such cities may be zoned or distr1cted tor

WEDNESDAY, MARc:_:H 13, 1935.

1363

various uses and other or ditterent uses prohibited therein,and regulating the use tor which said zones or districts may be set apart,and regulating the plans tor development and improvement ot real estate therein. The General Assembly is given general au.;. thority to authorize the cities or Atlanta~Savannah, Ma.con,Augusta,Columbus,LaGrange,Brunsw1ck,waycross, Albany,Athens,Rame,Darien,Dublin,Decatur,Valdosta, Newnan,Thomaston,and East Thamaston,Moultrie,and cities having a population or 25,000 or more inhabitants according to the United States census or 1920 or aili tuture census, to pass zoning and planning laws.

Section 2.

Be it turther resolved that when said amendment

shall be agreed to by a two-thirds vote or the mem-

bers elected to each House it shall be entered up

on the 3ournal ot each House with the ayes and

nays thereon,and the same shall be published in

one or more newspapers having a general circulation

in each Congressional District in this State tor

two months previous to the time tor holding the

next general electian,and shall,at the next general

election,be submitted to the people ot this State

tor ratification. All persons voting at said elec-

tion in !avor ot adopting said proposed amendment

to the Constitution Shall have written or printed

on their ballot the words,ror ratification or amend-

mCeonntsttiotuPtiaorangoratphthe25~steatcetioont

7 or Article 3 or the Georg1a,authorizing the

City or Moultrie to pass and entorce zoning laws,

and all persons opposed to the adoption or said

amendment Shall have written or printed on their

ballots the words, against the amendment to Paragraph

25,Section 7,ot Article 3 ot the Constitution ot

Georgia,authorizing the City o! Moultrie to pass and

entorce zoning laws and it a majority or the elec-

tors qualified to vote tor the members or the Gener-

al Assembly voting thereon,shall vote tor ratifica-

tion thereot,when the reSUlts shall be consolidated

as now required by law in election tor members or

the General AssemblyJ..~he said amendment shall become

a part or paragraph ~,section 7 or Article 3 or the

1364

JouRNAL oF THE SENATE,

State of Georgia,and the Governor shall make a proclamation therefor as provided by law.

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

On the passage or the resolution,it being a proposed amendment to the Constitution,the roll was called and the vote was as follows:
Those voting in the affirmative were Senators:

Atkinson Beasley Cannon Carrington Cooper Crawford Darden Dickerson Duncan Edenfield Evans Gaskins Harden

Hart Johnston of the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty McLeod

McWhorter Milhollin Millican Eagan Rucker Scott Simmons Skelton Smith Strickland Thomas Vaughn wright

Verification of the roll call was dispensed with.

The ayes were 38, nays o.

The resolution having received the requisite two-thirds Constitutional majority,was passed.

Not voting were: Senators Almon of the 37th District,Chappell of the 13th District,Clarke of the 44th District,Dennis of the 28th District, Gary of the 12th Distriet,Goodwin of the 20th D1strict,Holt of the 48th D1str1ct,Johnson of the 31st D1str1ct,Pope of the 15th Distr1ct,Rawlins of the 45th District and Turner of the 32nd District.

The President left the Chair and Senator Atk1nsm of the lst District presided.

The following Bills or the House were read the

first t~e,and referred to Comm!ttees:



WEDNESDAY, MARCH 13, 1935.

1365

By Mr. Brown or GlynnHouse Bill No. 170. A Bill to provide tor a can-
mission to advertise Georgia;and tor other purposes.

Committee on State or Republic. By Mr. Douglass or Talbot-
House Bill No. 174. A Bill to authorize the county commissioners in counties having a certain population to supplement the compensation or the Sheritt;and tor other purposes.

Committee on Special Judiciary. By Messrs Standard of Wilcox,Thrasher or Turner and Lee of Pulaski-
House Bill No. 433. A Bill to increase the mileage of the State Aid System o:t Roads by the addition or roads in certain count1es;and tor other purposes.

Committee on Highways and Public Roads.

By Messrs. Jackson or Habersham,Rivers o:t Lanier, Peters of Meriwether Greene of Rabun He:tner or White,West and Terrell or Hall,Darneil or Pickens, Herndon of Hart,Lewallen of Banks, Barnard of Towns, Adams of Franklin,Terrell o:t Warren,Terrell o:t Troup,Douglass or Talbo~,and Johnston o:t Upson-
House Bill No. 451. A Bill to amend the Act ap.proved Feb. 20,1933,so as to provide tor the establishment ot a Ninth District Junior College;and tor other purposes.

Committee on University System or Georgia.

By Messrs. Spivey and.Woods or Emanuel and Claxton

or Johnson-

.

.House Bill No. 464. A Bill to amend Title 3,

Chapter 3-5,Section 3-505 or Code or Georgia,l933;

and tor other purposes.

Committee on GeDeral Judiciary No. 1.

By Messrs. Black or Forsyth,Whitmire or Dawson,and Jones or Lumpkin-
House Bill No. 583, A Bill to increase the mileage or the State Aid Road System by the addition thereto ot a highway;and :tor other purposes.

Committee on Highways and Public Roads.

1366

JouRNAL OF THE SENATE,

By Mr. Culpepper o:r EcholaHouse Bill No. 584. A Bill to provide tor an
additional voting precinct in the Mayday Voting Precinct same being the 1306th C~o~gia Militia District in and tor Echols County;and tor other purposes.

Committee an Special Judiciary.

B.Y Messrs. Hand o:r Mitchell,Groves o:r Lincoln and Houston o:r Worth-
House Bill No. 656. A Bill to amend Section 84402 o:r Chapter 84-4 or the Code o:r Georgia o:r 1933, _ so that same shall not apply to certain counties; and tor other purposes.

Committee on Hygiene and Sanitation.

B.Y Messrs. Spivey o:r Emanuel,Freeman o:r Bibb and Claxton o:r Johnson-
House Bill No. 745. A Bill to promote public health,sa:rety,morals and general welfare by prohibiting flarathon Dance Contests and similar physical endurance contests;and for other purposes.

Committee on The State o:r Republic.

B.Y Mr. Watkins o:r OglethorpeHouse Bill No. 782. A Bill to add to the State
Highway System a road tram Crawfordville to Lexington,Georgia;and tor other purposes.

Comm1ttee on Highways and Public Roads.

By Messrs. Hartstield,Ramsey and Almand o:r FultonHouse Bill No. 819. A Bill to. amend the State
Highway Mileage Act by adding additional mileage 1n Fulton County;and tor other purposes.

Committee on Highways and Public Roads.

B.Y Messrs. Hartstield,Ramsey and Almand o:r Fulton,

Morris o:r Douglas-



House Bill No. 820. A Bill to amend the Neill-

WEDNESDAY, MARCH 13, 1935.

1367

Traylor-Act by adding a road lmown as the Old Austell Road to the Highway Sys~m;and for other purposes.
Committee on Highways and Public Roads. By Mr. Almand of Fulton-
House Bill No. 829. A Bill to regulate target shootingin certain counties on Sundays or holidays; and for other purposes.
Committee on State of Republic. By Mr. Edwards of Stephens-
House Bill No. 850. A Bill to amend an Act providing for the terms. of the Superior Court of Stephens County to prescribe the time for holding the same;and for other purposes.
Committee on Special Judiciary. By Messrs. Guess,Ansley and Lindsay of DeKalb-
House Bill No. 651. A Bill to enlarge and define the powers and duties of county boards of tax assessors in counties having a population of ~ot less than 70,000 nor more than 72,400;and for other purposes.
Committee on Special Judiciary. By Messrs. Williams and Brooks of Jackson-
House Bill No. 860. A Bill to increase the mileage of the State Aid Road System by the addition of a highway in Jackson County;and for other purposes.
Committee on Highways and Public Roads. By Mr. McCracken or Jefferson-
House Bill No. 869. A Bill to amend the Highway Mileage Act by adding additional mileage in Jefferson County;and for other purposes.
Committee on Highways and Public Roads. By Mr. McCracken of Jefferson-
House Bill No. 870. A Bill to amend an Act desig-

1368

JouRNAL OF THE SENATE,

nating the Highway Mileage by adding additional mileage in Jefferson County;trom Louisville to Avera;and tor other purposes.
Committee on Highways and Public Roads. ay Mr. Marshall of Macon-
House Bill No. 880. A Bill to change the compensation of the county commissioners of Macon County;and tor other purposes.
Committee on Counties and County Matters. By Mr. Dobbins of Morgan-
House Bill No. 892. A Bill to create a Board of Commissioners or Roads and Revenues in and tor the County or Morgan;and tor other purposes.
Committee m Counties and County Matters. By Mr. Lee of Pulaski-
House Bill No. 895. A Bill to repeal an Act creating an office of Commissioner or Roads and Revenues to provide the conditions upon which this Act shall become effective; and for other purposes.
Conmittee on Counties and County Matters. By Mr. Oden ot Pierce-
House Bill No. 620. A Bill appropriating fifty thousand dollars tor use in combating the screw worm pest in Georgia;and tor other purposes.
Committee on Appropriations. The following resolutions of the House were read . the first time and referred to Conmittees: By Mr. Lindsay of DeKa.lbHouse Resolution No. l86-862a. A Resolution authorizing State Librarian to loan to Emory University Library certain journals;and tor other purposes. Committee an Public Library.

WEDNESDAY, MARCH 13, 1935.

1369

By Messrs. Woods and Spivey of EmanuelHouse Resolution No. 189-873a. A Resolution au-
thorizing the State Librarian to furnish the County ot Emanuel certain numbers of both the Court of Appeals and the Supreme Court reports,also certain numbers of Park's Annotated Cod~;and tor other purposes.

Committee an Public Library.

By Messrs. Leonard and Sartain of WalkerHouse Resolution No. 190-8?3b. A Resolution au-
thorizing the State Librarian to furnish the County of Walker certain numbers of both the Court of Appeals and the Supreme Court reports and Park's Annotated Code;and tor other purposes.

Committee on Public Library.

By Mr. Pound of HancockHouse Resolution No. 19l-873c. A Resolution au-
thorizing the State Librarian to turniBh the County of Hancock certain law books;and for other purposes. -

Committee on Public Library.

By Mr. Holland of Chattooga-

.

House Resolution No. 192-873d. A Resolution au-

thorizing the State Librarian to furnish the County

of Chattooga certain law books;and tor other pur-

poses.

Committee on Public Library.

By Mr. 'Lindsay of DeKalbHouse Resolution No. 198-898a. A Resolution tor
the release of Frank L. Jones surety;ano tor other purposes.

Committee on Special Judiciary.

The following resolution or the House was read and ordered to lie on the table one day:

By Mr. Deal ot BullochHause Resolution No. 207. A Resolution declaring

1370

JouRNAL or THE SENATE,

it the policy or this House to cooperate with all the Departments,the Senate and the Governor,in an effort to obtain a reformation of the present ad valorem tax system;and tor other purposes.

The following bills ot the House,tavorably reported by Committees,were read the second time:

By Mr. Brown or GlynnHouse Bill No. 248. A Bill to repeal an Act to
consolidate the offices and duties ot Tax Receiver and Tax Collector of Glynn County;and tor other purposes.

By Mr. Gardner ot CandlerHouse Bill No. 383. A Bill to prescribe the qua-
lifications or the Mayor and members of the City Council or the Town of Metter;and for other purposes.

By Mr. Settle of Butts-

House Bill No. 406. A Bill to amend Chapter 86-9

of the Code or 1933,by amending Section 86-903,

by providing for pay and allowance as tor like

vgircaedeisnotrheotuti.cse.rAs r.amnyd;aendnltiostredotmheenr

in active purposes.

ser-

By Mr. Freeman or EarlyHouse Bill No. 682. A Bill to repeal sections 2
and 4 or an Act incorporating the city of Blakely; and tor other purposes.

By Mr. Booth ot Barrow-

.

House Bill No. 756. A Bill to repeal an Act aP-

proved July 30, 1927,so as to strike the word

Gwinnett when the same appears and substitute there-

tor the word Barrow,to authorize the mayor or said

town or Auburn to commit persons round guilty or

violating municipal ordinances;and for other pur-

poses.

By Mr. Booth ot BarrowHouse Bill No. 757. A Bill to amend an Act to in-
corporate the Town ot Auburn;to authorize the mayor and Council or said Town or Auburn to make and pass

WEDNESDAY, MARCH 13, 1935.

1371

all needful orders,by-laws,ordinances,resolutions, rules;and for other purposes.

By Mr. Brown of GreeneHouse Bill No. 774. A Bill amending the Charter
of the City of Greensboro,Georgia and providing. for compensation to be paid the Aldermen of said City; and for other purposes.

By Mr. Moore or ClaytonHouse Bill No. 778. A Bill to amend an Act to incorporate the Town or Forest Park in the County or Clayton;to prescribe its ltmits;to provide for a Mayor and Board or Aldermen;and for other purposes.

ByHMouessesrBs.ilLl iNndos.ay7SG6.uesAs

and Ansley or Bill to amend

DeKa.lban Act pro-

viding a new Charter for the Town or Decatur,so as

to change the time for closing the registration

books of said City;and for other purposes.

By Messrs. Lindsay!.auess and Ansley of DeKalbHouse Bill No. 7t:J7. A Bill ~o amend an Act pro-
vidirg a new Charter for Decatur,so as to authorize said Town to enter 1nto contracts with other cities to supply water and sewer connections;and for other purposes.

By Messrs. Lindsal!.Guess and Ansley or DeKalbHouse Bill No. /tJS. A Bill to amend an Act in-
corporating the Town or Decatur so as to change the form or ballot used ln holding electlons;and ror other purposes.

By Messrs. Arnall and Dyer of CowetaHouse Bill No. 797. A Bill to repeal An Act in-
corporating the Town or st. Charles approved December 9,1893;and for other purposes.

By Mr. Freeman or EarlyHouse B111 No. 799. A B111 to amend an Act in-
corporating the City or Blakely;to create the office or Mayor and Council to fix their terms;and for other purposes.

1372

JouRNAL OF THE SENATE,

By Messrs. Bloodworth,Bowden and Freeman of BibbHouse Bill ~o. 800. A Bill to amend an Act es-
tablishing the municipal court o:r the City o:r Macon and Acts amendatory thereof,so as to change the date o:r Sheriff's sales;and tor other purposes. By Mr. Herndon o:r Hart-
House Bill No. 817. A Bill to amend the Charter ot the C1 ty o:r Hartwell, in Hart County;and tor other purposes. By Mr. Oden of Pierce-
House Bill No. 822. A Bill amending an Act to amend an Act creating and incorporating the City ot Blackshear in Pierce County,provid1ng tor the permanent registration o:r voters;and tor other purposes. By Mr. DeLoach o:r Evans-
House Bill No. 823. A Bill to amend an Act creating the City Court of Claxton;and tor other purposes. By Mr. Herndon o:r Hart-
House Bill No. 839. A Bill to amend the Charter ot Hartwell,and the Acts amendatory thereof so as to prescribe the manner and place o:r holding Marshal's sale in the City o:r Hartwell;and tor other purposes. By Mr. Willla.ms o:r Coffee-
House Bill No. 857. A Bill to amend an Act to incorporate the City of Broxton in the County ot Coffee,so as to provide that the terms of office ot the Mayor and Aldermen shall be two years;and tor other purposes. By Mr. Warnell ot Bryan-
House Bill No. 861. A Bill to amend an Act incorporating the Town of Pembroke,by abolishing the offices ot Clerk and Receiver of Tax Returns,and creating in lieu thereof the office ot Clerk and Treasurer;and tor other purposes.

WEDNESDAY, MARCH 13, 1935.

1373

The following privileged resolutions were read and adopted:

By Senator Atkinson ot the 1st DistrictA Resolution extending the privileges ot the
tloor to Hon. Shelby Myrick,a tormer member or this body tram the 1st District.

By Senator Smith or the 24th District-
AResolution extending the privileges ot the floor
to Hon. Martin Bell ot Gainsville,Georgia.

By senator Cooper or the 22nd District-
AResolution extending the privileges or the tloor
to Charles J. Block ot Macon,Georgia.

By Senator Atkinson ot the 1st DistrictA Resolution extending the privileges or the tloor
to Hon. John J. Bouhan,COlmty Attorney ot Chatham Cotmty.

B,y Senator Cannon ot the 40th DistrictA Resolution extending the privileges or the tloor
to Hon. H. y. Cook County Agent ot Hall County.

The following communication was read:

Hon. John w. Hammond
Secretary ot the Senate State Capitol Atlanta,Georgia

March 11,1935.

My dear l1r. Hammond:

I am in receipt this morning ot the engrossed copy ot the Resolution extending congratulations to Wesleyan College upon its One Hundred Years ot Service to the people ot the State and.nation.

On behalf or Wesleyan I want to thank the Honorable Senators for their courtesy and thoughtfulness 1n th1s matter,and especially Senators Redwine and Vaughn for proposing the Resolution.

1374

JouRNAL oF THE SENATE,

Wesleyan College recognizes the tact that it was the Legislature ot Georgia that had the foresight and wisdom to charter the first college tor women in the world authorized to confer degrees. This was an Act or foresight by the Legislators or that time Which has lent distinction to our Commonwealth tor almost a hundred years.
With high appreciation,! am Very sincerely yours, D.R. Anderson, President.
Senator Scott or the 7th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 2:00 otclock P.M.
AFTERNOON SESSION
The President called the Senate to order. The Rules Committee fixed the following order or business tor the afternoon session or today,March 13th: 1. Reports or Standing Committees. 2. Second reading or bills favorably reported. 3. Putting on their passage local uncontested bills and resolutions. 4. Taking up bills for agreement or disagreement to House amendments. 5. House ResolutiCin No. 13Q-Legislative mileage.
House Bill No. 197-Provide tor Public Libra-. ries.
House Resolution No. 178.--To increase use ot cotton.
House Bill No. 144--Alcholic Control Bill. The following bills ot the Senate,:ravorabl.y reported by Committees,were read the seeond ttme: By Senator Edenfield or the 4th DistrictSenate Bill No. 206. A Bill amending Section 3

WEDNESDAY, MARCH 13, 1935.

1375

of the Acts of 1916 and providing bronze medals for soldiers who served in the Mexican and World Wars; and for other purposes. By Senator Atkinson of the 1st District, Senator Beasley of the 2nd District,Senator Edenfield of the 4th District-
Senate Bill No. 212. A Bill amending the Act approved August 18,1924,prescribing the duties ot the Coastal Highway District;and tor other purposes. By Senator Garrison of the 27th District-
Senate Bill No. 213. A Bill to amend Title 68, Motor Veh1cles,of the Code of Georgia of 1933 by defining Motor Carriers;and for other purposes. By Senator Dickerson of the 5th District-
Senate Bill No. 222. A Bill increasing the State Aid Mileage System by the addition of a Hignway in Atkinson and Lanier Counties. By Senator Millican of the 35th District-
Senate Bill No. 227. A Bill authorizing a discount on the sale ot executions iss11ed for ad valorem taxes by counties and cities of a certain population;and for other purposes. By Senator Atkinson of the 1st District-
Senate Bill No. 233. A Bill increasing the mileage ot the State Aid Road System;and for other purposes. By Senator Beasley of the 2nd District,Senator Jones of the 17th District.senator Kirkland ot the 49th DistrictLSenator Dickerson of the 5th District, Senator ~dentield of the 4th District-
senate Bi-ll No. 234. A Bill to establish and define the Okefenoke Swamp Trail;and for other purposes .
The folloWing resolutions of the Senate,favorably reported by Committees,were read the second time: By Senator Chappell ot the 13th District-
Senate Resolution No. 96. A Resolution designating

1376

JouRNAL oF THE SENATE,

u.s. Highways Nos. 80 and 280 as the Griep Military
Highway;and !or other purposes.

By the Committee on Halls and RoansSenate Resolution No. 106. A Resolution provid-
ing that the Clerk o! the House,the Secretary o! the Senate shall have custody o! the properties and office rooms attached to each house between the adjournment o! one session and the convening of the following aess1on;and tor other purposes.

The following Resolutions o! the House favorably reported by Committees were read the second t~e:

By Messrs. Camp and Garrett o! CarrollHouse Resolution No. 27-178a. A' Resolution re-
questing the paving o! a driveway through the Campus o! West Georgia College at Carrollton,Georgia; and !or other purposes.

By Mr. Patton o! CookHouse Resolution No. 42-239e. A Resolution di-
recting the librarian to turnish certain law books to the County o! Cook;and tor other purposes.

By Messrs. Hogg o! Schley,Horton and Young o! Sumter-
House Resolution No. 45-270e. A Resolution adding to the State Highway a road in Schley County and Sumter Cotmty;and tor other purposes.

By Messrs. Horton and Young o! Sumter,and Gammage

o! Terrell-





House Resolution No. 46-270a. A Resolution add-

ing to the State Hi~~way Mileage a road in Sumter

County and Terrell County;and tor other purposes.

By Mr. Watkins o! OglethorpeHouse Resolution No. 47-270e. A Resolution au-
thorizing the State Librarian to turnish certain law books to Oglethorpe County;and tor other purposes.

By Mr. Terrell ot WarrenHouse Resolution No. 48-270t. A Resolution au-

WEDNESDAY, MARCH 13, 1935.

1377

thorizing the State Librarian to furniSh a Commissioner of Roads and Revenues of Warren County certain records;and for other purposes. By Mr. Almand of Fulton...
House Resolution No. 49-270g. A Resolution to relieve W.P. Middlebrooks as surety on the bond ot Hermon Wilcox;and for other purposes. By Messrs. Durden of Dougherty,Parker of Colquitt, and Sabados of Dougherty-
House Resolution No. 57-298d. A Resolution to increase the State Aid Road System in Dougherty and Colquitt Counties;and for other purposes. By Messrs. Parker and Shirah of Colquitt-
House Resolution No. 71-372b. A Resolution authorizing the State Librarian to furnish Federal Law Books to Colquitt County;and for other purposes. By Messrs.Cook of Glascock,and Terrell of Warren-
House Resolution No. 104-508a. A Resolution authorizing the State Librarian to furnish the Cammissioners of Roads and Revenues of Glascock County certain missing law books;and for other purposes. By Messrs. Welch and Manning of Cobb-
House Resolution No. 105-508b. A Resolution directing the State Librarian to furnish to the Ordinary of Cobb County certain law making books;and for other purposes. By Mr. Hampton of Fannin-
House Resolution No. 107-539a. A Resolution directing the State Librarian to furniSh the Ordinary of Fannin County certain reports;and for other purposes. By Messrs. Terrell,Groover and Davis of Troup-
House Resolution No. 125-605d. A Resolution providing that part of the Highway known as the State Route No. 1. shall be known as a Military Highway; and for other purposes.

1378

JouRNAL oF THE SENATE,

By Mr. Claxton ot JohnsonHouse Resolution No. 143-639a. A Resolution au-
thorizing the State Librarian to furnish 'to the ordinary and Clerk or Johnson county certain reports;and tor other purposes. By Mr. Almand ot Fulton-
House Resolution No. 145-649c. A Resolution to rele~se Mrs. Lucile Greene as surety on bond ot Robert K. Smith in Fulton SUperior Court;and tor other purposes. By Messrs. Tipton and Bannister ot Thomas-
House Resolution No. 151-665b. A Resolution authorizing the State Librarian to furnish to the Clerk ot the SUperior Court ot Thomas County certain reports;and tor other purposes. By Mr. Peebles ot Bartow-
House Resolution No. 152-684a. A Resolution authorizing the State Librarian to furnish certain law reports to the .Ordinary ot Bartow County;and tor other purposes. By Messrs. Bloodworth,Freeman,Bowden ot Bibb,and Jackson ot BleckleyHouse Resolution No. 17Q-763b. A Resolution designating part ot State Route No. 42,87,and part ot 27 as the Eugene Talmadge Highway;and tor other Plll'poses. By Mr. Parks ot Gilmer-
House Resolution No. 172-763d. A Resolution authorizing the State Librarian to furnish to the Ordinary and Clerk ot Gilmer County certain missing. reports;and tor other purposes.
The following Bills ot the House1favorably reported by committees,were read the second time: By Mr. Lewallen ot Banks-
House Bill No. 106. A Bill to amend an Act aPproved August 20, 1929,as amended by Act approved March 24,1933,known as the Neill-Traylo;r Highway B1ll;and tor other purposes.

WEDNESDAY, MARCH 13, 1935.

1379

By Mr. Oden of Pierce-
House Bill No. 185. A Bill to increase the State Aid Road System by adding a road tram Lane's Bridge to Blackshear by way of Baxley,burrency,and Bristol;and for other purposes. By Mr. Sabados of Dougherty-
House Bill No. 211. A Bill to increase the Ddleage of the State Aid Road System b.Y adding a road running by Oakfield and Warwick in Worth County; and tor other purposes. By Messrs. Welch and Manning of Cobb-
House Bill No. 220. A Bill to amend the Code ot Georgia to empower SUperior Court Judges to grant charters to private companies;and tor other purposes. By Messrs. Moye and Blease of Brooks-
House Bill No. 228. A Bill to increase the State Highway Mileage by adding a road in Lanier,Lowndes, Thomas,Brooks and Cook Counties;and for other purposes. By Mr. Smith or Webster-
House Bill No. 245. A Bill to increase the State Aid Road Mileage by adding a road !rom Route 41 at Preston,Georgia,to Route 55 at Weston,Georgia;and ror other purposes. By Mr. Clifford McBride or Montgomery-
House Bill No. 281. A Bill to increase the mileage ot the State Aid Road System by adding a road through the town of. Ailey,Georgia; and tor other purposes. By Mr. Atwood ot Mcintosh-
House Bill No. 283. A Bill to amend an Act known as the Neill-Traylor Bill,so as to add additional mileage in Mcintosh County to the State Aid Road System;and tor other purposes. By Messrs. Hamm.ock o:t Randolph,Clements o:t Calhoun and Gammage or Terrell-
House Bill No. 285. A Bill to amend the Highway

1380

JouRNAL oF THE SENATE,

Mileage Act by adding a road in Randolph and Calhoun Counties;and :tor other purposes. By Messrs. McCranie and Ross or Dodge-
House Bill No. 329. A Bill to increase the State Aid Road Mileage by adding mileage in Dodge County; and :tor other purposes. By Messrs. Welsch and Harming or Cobb-
House Bill No. 334. A Bill to amend a Highway Mileage Act so as to add additional mileage in Cobb County;and :tor other purposes. By Messrs. Harts:tield,Almand and Ramsay or Fulton-
House Bill No. 350. A Bill to make it a penal or:tense to send in a :talse alarm to any :tire department;and :tor other purposes. By Messrs. Teasley o:t Cherokee and McGraw o:t Meriwether-
House Bill No. 361. A Bill to amend Part II or Chapter 95-8 o:t the Code of Georgia o:t 1933,with reference to working public roads;and :tor other purposes. By Messrs. McKelvey and Sammon or Gwinnett-
House Bill No. 386. A Bill to increase the mileage or the State Aid System or Roads by adding a road 1n Forsyth and Jackson Counties;and :tor other purposes. By Messrs. Ramsey o:t Fulton,Ansley or DeKalb and Cobb o:t Clarke-
House 13111 No. 409. A Bill to amend an Act abolishing Juvenile Courts;and :tor other purposes. By Mr. Wrench o:t Charlton-
House Bill No. 418. A Bill to increase the State Aid Road Mileage by the addition or aroad :tram the St. Ma.ryts River at Mon1ac,to the St. Maryts River at st. George;and :tor other purposes. By Messrs. Bloodworth,Bowden and Freeman o:t Bibb, and others-
House Bill No. 421. A Bill to amend the State

WEDNESDAY, MARCH 13, 1935.

1381

Aid Road Act by adding a road in Butts,Monroe and Bibb County. By Messrs. west and Terrell or Hall and Whitmire or Dawson-
House Bill No. 434. A Bill to increase the mileage ot tlle State Aid Road System by the addition ot a road in Hall County;and tor other purposes. By Messrs. Peebles and Felton or Bartow-
House Bill No. 454. A Bill to amend the NeillTraylor Act or 1929 and map attached thereto so as to add certain road mileage in Bartow County;and tor other purposes. By Mr. Adams or Franklin-
House Bill No. 487. A Bill to amend an Act approved August 20,1929, designating the highway mileage,by adding additional mileage in Franklin County,Georgia;and tor other purposes. By Messrs. Bennett ot Ware,Arnall ot Coweta,Spivey or Emanuel and others-
House Bill No. 494. A Bill to provide that prescription shall not run against the owner or holder or a mortgage,or other instrument creating a lien on or conveying an interest in real or personal property as security tor debts in ravor or a person who has actual or constructive notice or such instrument;and tor other purposes. By Messrs. Williams of Jones,Daugherty or Wilkinson and Bloodworth or Bibb-
House Bill No. 555. A Bill to increase the mileage or the State Aid Road System by the addition or a highway in Jones and Wilkinson Counties;and tor other purposes. By Messrs. Terrell,Groover and Davis ot TrouP-
House Bill No. 559. A Bill to increase the mileage o! the State Aid Road System by adding a road so as to connect the City of LaGrange with Glenn; and tor other purposes.

1382

JouRNAL oF THE SENATE,

By Messrs. Claxton ot Johnson,Spivey of Emanuel, Fowler of Treutlen,and others-
House Bill No. 593. A Bill designating highway mileage;and tor other purposes.

By Messrs. Brown or Greene and Sutton of WilkesHouse Bill No. 597. A Bill to repeal an Act
approved March 23rd,l933 adding mileage to the State Aid System of Roads and amending the TraylorNeill Map;and !or other purposes.

By Messrs. Edwards and Coleman or LowndesHouse Bill No. 617. A Bill amending the State
Highway Mileage Act;~d tor other purposes.

By Messrs. Morris of Douglas,Camp of Carroll,Watson or Paulding,and others-
House Bill No. 619. A Bill amending the State Highway Mileage Act;and tor other purposes.

By Mr. Gavin of ClayHouse Bill No. 629. A Bill increasing the System
or State Aid roads b.Y the addition or a road tram Fort Gaines to Blakely;and tor other purposes.

By Mr. Whaley or TeltairHouse Bill No. 644. A Bill amending the Highway
Mileage Act;and tor other purposes.

By Mr. Brisendine of PeachHouse Bill No. 648. A Bill amending the Neill-
Traylor Act;and tor other purposes.

By Messrs. Jones ot Brantley,and Claxton of CamdenHouse Bill No. 649. A Bill amending the Neill-
Traylor Act;and for other purposes.

By Mr. Bradley o:r TattnallHouse Bill No. 654. A B111 amending an Act to
provide tor the trial or insane persons in certain counties in this state;and tor other purposes.

By Messrs. Zellner of House Bill No. 664.

MAonBroiellanamd eMndiitncghealnl:

of LamarAct to

increase the State Aid Road System;and for other

purposes.

WEDNESDAY, MARCH 13, 1935.

1383

By Messrs. Black of Forsyth,Whitmire o:r Dawson and Jones o:r Lumpkin- House Bill No. 668. A Bill amending the NeillTraylor Act;and tor other purposes.

By Mr. McCracken o:r JeffersonHouse Bill No. 721. A Bill amending the Highway
Mileage Act;and tor other purposes.

By Mr. :rmsgrove o:r Clinch and Mr. Culpepper o:r Echols-
House Bill No. 731. A Bill increasing the mileage o:r the State Aid System;and tor other purposes.

By Mr. Almand o:r FultonHouse Bill No. 742. A Bill amending the Code of
Georgia of 1933 so as to provide for three terms or SUpreme Court and the Court of Appeals in each year; and tor other purposes.

By Messrs. Gilbert and Scrubbs o:r WashingtonHouse Bill No. 744. A Bill to add to the State
System o:r Roads a road leading from the City o:r Tennille to State Highway No. ~ in the County o:r Washington;and for other purposes.

By Messrs. Ramsey,Almand, and Hartsfield of FultonHouse Bill No. 749. A Bill to create and place in
effect Civil Service in all county offices in certain departments in certain counties;and for other purposes.

By Mr. Rivers of LanierHouse Bill No. 762. A Bill to provide that in
certain counties where office of Tax Receivers and Tax Collectors have been abolished and Tax Commissioner created;said Commissioner shall be ex-officio sheriffs for purpose o:r collecting tax fi. ras;and tor other purposes.

By Messrs. Jones or Brantley,Brown or Glynn and

Oden of Pierce-

House Bill No. 766. A Bill to amend the Neill-

Traylor Bill adding a road in Glynn,Brantley and

Pierce counties;and tor other purposes.



1384

JouRNAL OF THE SENATE,

By Mr. Teasley of CherokeeHouse Bill No. 805. A Bill to amend Neill-Tray-
lor Act adding a road in Cherokee County;and tor other purposes.

By Mr. Pound of Hancock- . .

House Bill No. 807. A Bill to provide tor the

leasing and the City of

Ccohnatttraonloliongga,onor tthceovSerteadtebpyrothpeerwty.&inA.

R.R.;and tor other purposes.

By Messrs. Barmister and Tipton or ThomasHouse Bill No. 815. A Bill to amend the Neill--
Traylor Bill by adding additional mileage in Mitchell and Colquitt counties;and tor other purposes.

By Messrs. Caswell or_ Liberty,Bradley of Tattna.ll and Warnell or Bryan-
House Bill No. 828. A Bill to amend the NeillTraylor Act so as to add a road in Bryan,Liberty and Tattnall counties;and tor other purposes.

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

By Senator Kirkland or the 49th DistrictSenate Bill No. 210. A Bill to be entitled an
Act to amend an Act creating the City Court of Claxton,by fixing the salary of the Judge thereot,provid1ng for a stenographer for said court;and tor other purposes.

The report ot the commdttee,Which.was favorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

29,

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

By Senator Rucker of the 50th DistrictSenate Bill No. 229. A Bill to be entitled an
Act to amend an Act which changed the name ot the

WEDNESDAY, MARCH 13, 1935.

1385

Town of Athens to the City of Athens,by authorizing the Mayor and Council to provide for the paving of streets and sidewalks;and for other purposes.

The report 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 o.

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

By Senator Crawford of the 42nd DistrictSenate Bill No. 230. A Bill to be entitled an Act
to perm!t and make 1awtul tne catching of fish in the rivers of Floyd County,Georgia;and tor other purposes.

The report ot the comm1ttee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

30,

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

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

By Mr. Sm1 th ot MadisonHouse Bill No. 130. A Bill to be entitled an Act
to change the terms of the Superior Court of Madison County by adding two terms;and tor other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 30,
nays o.

The bill having received the reqUisite Constitutional majority,was passed.

1386

JouRNAL oF THE SENATE,

By Mr. Howard of ScrevenHouse Bill No. 135. A Bill to be entitled an Act
to fix the amount ot the bond or the Sheriff ot Screven County;and for other purposes.

The report of the commlttee,whlch was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Mr. Howard ot ScrevenHouse Bill No. 627. A Bill to be entitled an Act
to amend an Act to establish the City Court or Sylvania,in and tor the County or Screven;and tor other purposes.

The report of the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

27,

The bill having received the requisite Constitutional majority,was passed. By Mr Ansley of Lee-
House Bill No. 628. A Bill to be entitled an Act to amend an Act establishing the City Court or Leesburg,so as to change and fix the terms or holding Court tor jury trials;and for other purposes.
The report of the comm1ttee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

ot

the

bill

the

ayes

were

31,

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

WEDNESDAY, FEBRUARY 13, 1935.

1387

By Mr. Lee of PulaskiHouse Bill No. 691. A Bill to be entitled an Act
to amend an Act to abolish the office of Treasurer of Pulaski County;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 29,
nays o.

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

By Mr. Lee of PulaskiHouse Bill No. 692. A Bill to be entitled an Act
to reduce the official bond of the Sheriff of Pulaski County;and for other purposes.

The report of the committee,which was favorable ~o the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

2'7,

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

By Messrs. Griffin and Mills of DecaturHouse Bill No. 728. A Bill to be entitled an Act
to amend an Act creating the City Court of Bainbrid~ and to define its jurisdiction and powers;and far other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

1388

JouRNAL oF THE SENATE,

By Messrs. Hartsfield,Ramsey and Almand or FultonHouse Bill No. 767. A Bill to be entitled an Act
to repeal an Act establishing the City Court or
Atlanta,approved December 15,187l;to provide tor
disposi~ion or the business in said court;and ror other purposes.

The report or the committee,Which was favorable to the passage or the bill,was agreed to.

On the passage of the bill the ayes were 28,
nays o.

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

By Messrs. Harts:tield,Ramsey and Almand or-FultonHouse Bill No. 768. A Bill to be entitled an Act
to add an additional judge to the Superior Court of the Atlanta Judicial Circuit;to fix the time when he shall begin his term;and for other purposes.

The report or the committee,Which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

26,

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

By Mr DeLoach or EvansHouse Bill No. 781. A Bill to be entitled an Act
to amend an Act approved August 14,193l,entitled An Act to aboliSh the offices or ~ receiver and tax collector;to create the office or tax commissioner of Evans County;and for other purposes.

The report or the comm1ttee,wh1ch was ravorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

29,

WEDNESDAY, MARCH 13, 1935.

1389

The bill having received the requisite Constitutional major!ty,was passed.

By Messrs. Harris,Lanier and Barrett of RichmondHouse Bill No. 784. A Bill to be entitled an Act to provide that the Solicitor~neral of the Augusta Circuit shall have the power to appoint a clerk for the office of the said Solicitor-General;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.
on the passage of the bill the ayes were 26,
nays o.

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

By I1r. Warnell of BryanHouse Bill No. 785. A Bill to be entitled an Act
to abolish the offices of Tax Receiver and Tax Collector of Bryan County,and to create the office of Tax Commissioner;and for other purposes.-

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Mr. Mallory of TwiggsHouse Bill No. 790. A Bill to be entitled an Act
to abolish the offices of Tax Collector and Tax Receiver,and to create 1n their stead a County Tax Commissioner !or Twiggs County;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

1390

JouRNAL OF THE SENATE,

On nays

oth.e

passage

or

the

bill

the

ayes

were

29,

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

By Mr. Ramsey o:r Fulton-

.

House Bill No. 197. A Bill to provide :ror Public

Libraries;and :ror other purposes.

The report o:r the committee,which was favorable to the passage o:r the bill,was agreed to.

On nays

oth.e

passage

o:r

the

bill

the

ayes

were

28,

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

By Mr. Moore o:r HaralsonHouse Bill No. 789. A Bill to be entitled an Act
to abolish the offices o:r Tax Receiver and Tax Collector o:r Haralson County,to create the ottice o:r County Tax Commissioner o:r Haralson County,to fix his term,qualifications,compensation;and tor other purposes.

The report o:r the committee,which was tavorable to the passage o:r the bill,was agreed to.

On nays

toh. e

passage

o:r

the

bill

the

ayes

were

29,.

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

By Messrs. Houston and Perry o:r WorthHouse Bill No. 796. A Bill to be entitled an Act
to provide tor the holding o:r :rour terms o:r Superior Court in each year in Worth County,to provide tor the drawing ot a Grand Jury in said Court.;and :ror other purposes.

The report o:r the committee,which was favorable to the passage o:r the bill,was agreed to.

WEDNESDAY, MARCH 13, 1935.

1391

on the passage or the b111 the ayes were 29, nays o.

The b111 having received the requisite Constitutional majority,was passed.

By Mr. Booth ot Barrow- .

House Bill No. 802. A Bill to be entitled an Act

to reduce the bond required or the Sheri!! or Bar-

row County tram the sum ot Ten Thousand($10 000)

Dollars and tor

to the sum of Five other purposes.

Thousand

($51000 j

Dollars;

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 29, nays o.

The b111 having received the requisite Constitutional major1ty,was passed.

By Mr. Freeman of EarlyHouse Bill No. 814. A Bill to be entitled an Aet
to fix the salary of the Treasurer or Early County; and tor other purposes.

The report or the comm1ttee,which was favorable to the passage of the b11l,was agreed to.

On nays

oth.e

passage

or

the

b111

the

ayes

were

27,

The bill having received the requisite Constitutional major1ty,was passed.

By Mr. McGraw of MeriwetherHouse Bill No. 831. A Bill to be entitled an Act
to amend an Act approved February 27, 1933,tix1ng the compensation or the Treasurer ot Meriwether County;and !or other purposes.

The report or the comm1ttee,Which was favorable to the passage or the b1ll,was agreed to.
On the passage or the bill tne ayes were 29, nays o.

1392

JouRNAL oF THE SENATE,

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

By Mr. Settle o:t ButtsHouse Bill No. 832. A Bill to be entitled an Act
to amend an Act approved August 25th,l925,creating a Board or Commissioners. o:t Roads and Revenues :tor Butts County;~d :tor other purposes.

The report of the co.mmittee,which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

28,

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

By Mr Ray Of ApplingHouse Bill No. 846. A Bill to be entitled an Act
to amend an Act approved July 29th,l915,creating a Board o:t County Commissioners :tor Appling County, Georgia;and :tor other purposes.

The report of the committee,which was favorable to the passage o:t the bill,was agreed to.

On nays

oth.e

passage

o:t

the

bill

the

ayes

were

28,

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

By Mr. Hooks o:t GlascockHouse Bill No. 391. A Bill to be entitled an Act
to amend Section 92-802 or the Code ot Georgia or
1933,no person shall be subject to road duty or required to pay any commutation tax in counties having a population of not less than 4,375 and not more than 4,395;and :tor other purposes.

The report or the committee,which was favorable to the passage of the bill,was agreed to.

WEDNESDAY, FEBRUARY 13, 1935.

1393

On the passage of the bill the ayes were 27,
nays o.
The bill having received the requisite Constitutional majority,was passed.

The following Resolution of the House was read and adopted:

By Messrs. Terrell of Warren and Pound of HancockHouse Resolution No. 178. A Resolution to increase the use of cotton in the State of Georgia; and for other purposes.

The following resolution or the House ~~s read and adopted:

By Messrs. Harris of Richmond,Spivey of Emanuel and Townsend or Dade-
House Resolution No. 130-607a. A Resolution providing that the members or the General Assembly be paid ten cents per mile for regular and special session of 1935.

Senate Bill No. 169 by Senator Cooper of the 22nd D!strict,a bill amending an Act to establish the City Court of Macon,was taken up for the purpose ot considering the following House amendment thereto:

The committee offered the following amendment to Senate Bill No. 169:

By striking in the second line of Section One or

sa of

i

dthAisctA,tchte,"waonrdds11

that nsertin

rro.m g in

and after the passage lieu thereof the

words, "effective Jan. 1,1937,so that said Act shall

not become effective on ~he passage or the Act,but

shall become effective Jan. 1,1937."

Further amend said Act by~tr1king therefrom all of Section Three of said Act.

The Senate agreed to the House amendment to Senate Bill No. 169.

1394

JouRNAL OF THE SENATE,

The following bill o! the House was read third time:

By Messrs. Groves o! Lincoln,Grayson o! Chatham, Moore or Clayton,Bargeron ot Burke and others-
House Bill No. 144. A Bill to be entitled an Act to be known as 0 The Alcholic Beverage Control Act, to declare that the State Revenue Commission shall administer and enforce said Act;to declare their powers and duties,and tor other purposes.

Senator Beasley o! the 2nd District asked unani-

mous consent that House Resolution No. 13Q-607a

be immediately transmitted to the House,and consent

was granted.



Senator Scott o! the 7th District moved that the Senate adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 9:00 otclock tomorrow morning.

THUUDAY, MAilCH 14, 1935.

1395

Senate Chamber,Atlanta,Georgia. Wednesday,March 14,1935.

The Senate met, pursuant to adjournment, at 9 o'clock A.M. this day and was called to order by the President.

Prayer was offered by the Chaplain.

Senator Millican or the 35th District asked unanimous consent that the call or the roll be dispensed with and consent was granted.

Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that he had examined the Journal or the preceding session and round it correct.

Senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted.

The Journal was confirmed.

Senator Scott or the 7th District asked unanimous consent that when the Senate adjourned today that it reconvene at 2 o'clock for an afternoon session and consent was granted.

The Rules Committee fixed the following order or business ror today, March 14th:

1. Introduction or new matter,under the. rules.

2. Reports or standing committees.

3. Passage or local uncontested bills and resolu-

tions,and general bills and resolutions with local

application.

.

.

4. Unfinished business or previous session,which

ts House Bill No. 144.

The following bill or the senate was introduced, read the first time and referred to camn1ttee: .

1396

JouRNAL oF THE SENATE,

By Senator Chappell or the 13th DistrictSenate Bill No. 238. A Bill to be entitled an Act
to increase-the mileage or the State Aid Road System by adding thereto a highway from Americus,Georgia to Buena Vista,Georgia,a distance or approximately thirty miles;and tor other purposes.
Committee on Highways and Public Roads. Mr. Cooper of the 22nd District,Chairman or the Committee on Municipal Government,submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the rollowtngBills or tne Senate and House and have instructed. me as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 232, do pass. House Bill No. 836, do pass.
Respectfully submitted, Cooper of 22nd District, Chairman.
Mr. w.w. Larsen,Jr. of the 16th District,Chairman
of the Camntttee on General Judiciary No. 2,subm1tted the following report: Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following Bill or the Senate and have instructed me as Chairman, to report the same back to the Senate wlth the !ollowlng recommendation:
Senate Bill No. 237, do pass. Respectfully submitted, Larsen of 16th District, Chairman.

TauasoAv, MARcH 14, 1935.

1397

Mr. Darden of the 51st District,Chairman of the Committee on State or Republic,submitted the following report: Mr. President:
Your Committee on State or Republic have had under consideration the following Bill or the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 122, do pass by substitute.
ResApellcetnfUwll.yDsaurbdemni,tteodt , 51st Distric~
Chairman. Mr. Larsen,Jr. or the 16th District,Chalrman ot the Committee on General Judiciary No. 2,subm1tted the following report: Mr. President: Your Committee on General Judiciary No. 2 have had under consideration.the tollowing Bills or the House and have instructed me as Chairman, to report the_ same back to the Senate with the following recommendations: House Bill No. 491, do pass. House Bill No. 493, do pass.
Respectfully submitted Larsen,Jr. or 16th District, Chairman.
Mr. Rawlins or the 45th District,Chairman or the Committee on Motor Vehicles,subm1tted the following report: Mr. President:
Your Committee on Motor Vehicles have had under consideration the following Bill or the House and

1398

JouRNAL OF THE SENATE,

have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
House Bill No. 643, do pass. Respectfully submitted, Rawlins of 45th Dis~r1ct, Chairman.
Mr. Evans or the 29th District,Chairman of the Committee on Banks and Banking,submitted the follo~ ing report: Mr. President:
Your Committee on Banks and Banking have had under consideration the following Bills or the House and have instructed me as Cbairman,to report the same back to the Senate with the following recommendations:
House Bill No. 412, do pass. House Bill No. 181, do pass. House Bill No. 632, do pass. House Bill No. 289, do pass.
Respectfully submitted, Evans of 29th District, Chairman.
Mr. Simmons of tne 8th District,Chairman of the Committee on F1nance,subm1tted the following report: Mr. President:
Your Committee on Finance have had under consideration the following Bills or the House and have instructed me as Chairman to report the same back to the Senate with the roilowing recommendations:
House Bill No. 676, 4o pass. House Bill No. 595, do not pass.

THua.so.u, MARcH 14, 1935.

1399

House Bill No. 217, do pass. House Bill No. 457, do pass. House Bill No. 149, do pass. House Bill No. 753, do pass. House Bill No. 640, do pass.

Respectfully submitted, Simmons of 8th District, Chainnan.
The following Bills and Resolutions of the House were read the third time and put upon their passage:

By Mr. Brown of Glynn-

.

House Bill No. 248. A Bill to be entitled an Act

to repeal an Act to consolidate the offices and

duties of Tax Receiver and Tax Collector of Glynn

County;and for other purposes.

The report of the committee,which was favorable to the passage or the bill,was agreed to. .

On .. nays

oth.e

passage

or

the

bill

the

ayes

were

29,

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

By Mr. Gardner or CandlerHouse Bill No. 383. A Bill to be entitled an Act
to prescribe the qualifications or the Mayor and members or the City Council or the town or Metter; and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

301

The bill having received the requisite Constitu-

tional majority,was passed.

.

1400

JouRNAL oF THE SENATE,

By Mr. Bradley of TattnallHouse Bill No. 654. A Bill to be entitled an Act
to amend an Act to provide for the trial of insane persons ln certain counties in this State;and to provide a fee for the Sheriffs in getting the case ready for trial;and for other purposes.

The report 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 o.

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

By Mr. Booth of Barrow-

House Bill No. 756. A Bill to be entitled an Act

to repeal an Act approved July 30, 1927,so as to

strike the word "Gwinnett" when the same appears

and substitute therefor the word "Barrow", to au-

thorize the Mayor of said town of Auburn to commit

persons found guilty of violating municipal ordinances;and for other purposes.



The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

The bill having received the requisite Constitutional major1ty,was passed.

By Mr. Booth of BarrowHouse Bill No. 757. A Bill to be entitled an Act
to amend an Act to incorporate the town of Auburn; to authorize the Mayor and Council of said town of Auburn to make and pass all needful orders,by-laws, ordinances,resolut1ons,rules;and for other purpose~

The report or the committee,wh1ch was favorable to the passage of the bill,was agreed to.

THUllSDAY, MARCH 14, 1935.

1401

on the passage ot the bill the ayes were 29,
nays o.

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

By Mr. Rivers of. LanierHouse Bill No. 762. A Bill to be entitled an Act
to provide that in certain counties where ottices ot Tax Receiver and Tax Collectors have been abolished and Tax Commissioner created;said Tax Canmissioner shall be Ex-Officio Sheriff tor purpose of collecting Tax Fi.Fas.;and for other purposes.

The report of the comm1ttee,which was favorable to the passage ot the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

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

By Mr. Brown ot Green-

.

House Bill No. 774. A Bill to be entitled anAct

amending the Charter or the City or Greensboro,

Georgia,and providing tor compensation to be paid

the Aldermen or said city;and for other purposes.

The report or the committee,which was favorable to the passage of the bill,was agreed to.

On the passage or the bill the ayes were 28, nays o.

The bill having received th~ requisite Constitutional majority,was passed.

By Mr. Moore ot ClaytonHouse Bill No. 778. A Bill to be entitled an Act
to amend an Act to incorporate the town or College Park in the County of Clayton;to prescribe its 11mits;to provide tor a Mayor and Board or Aldermen; and tor other purposes.

1402

JouRNAL OF THE SENATE,

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

29,

The bill having received the requisite Constitu~ tional majority,was passed.

By Messrs. House Bi

lLl inNdos.ay71tlG6.uesAs

and Ansley Bill to be

or DeKalbentitled an

Act

to amend an Act providing tor a new charter or the

town or Decatur so as to change the time tor clos-

ing the registration books or said city;and for

other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Messrs. Lindsay,Guess and Ansley or DeKalbHouse Bill No. 787. A Bill to be entitled an Act
to amend an Act providing a new charter !or Decatur, so as to authorize said town to enter into contract with other cities to supply water and sewer connection;and tor other purposes.

The report or the committee,Which was favorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

29,

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

By Messrs. Lindsay Guess and Ansley or DeKalbHouse Bill No. 7S8. A Bill to be entitled an Act
to amend an Act incorporating the town or Decatur

TJIUR.SDAY, MAa.ca 14, 1935.

1403

so as to change the form of ballot used in holding elections;and tor other purposes.

The report of the cammittee,which was favorable

to the passa.ge of the bill,was agreed to

On nays

toh. e

passage

of

the

bill

the

ayes

were

30,

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

By Messrs. Arnall and Dyer of CowetaHouse Bill No. 797. A Bill to be entitled an Act
to repeal an Act entitled an Act to incorporate the town of st. Charles approved December 9th,l893;and tor other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On the passage or the-bill the ayes were 29,
nays o.

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

By Messrs. Bloodworth,Bowden and Freeman or BibbHouse Bill No. 800. A Bill to be entitled an Act
to amend an Act establishing the Municipal Court of the City of Macon and Acts amendatory thereof so as to change the date or Sheriff's sales;and tor other purposes.

The report ot the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth. e

passage

or

the

bill

the

ayes

were

30,

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

1404

JouRNAL oF THE SENATE,

By Mr. Herndon o:r HartHouse Bill No. 817. A Bill to be entitled an Act
to amend the charter o:r the City o:r Hartwell,in Hart County;and !or other purposes.

The report o:r the committee,which was :favorable to the passage o:r the bill,was agreed to.

On nays

oth.e

passage

o:r

the

bill

the

ayes

were

291

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

By Mr. Oden o:r PierceHouse Bill No. 822. A Bill to be entitled an Act
amending an Act creating and incorporating the City o:r Blackshear in Pierce County,providing !or the permanent registration o:r voters;and !or other 'Purposes.

The report o:r the committee,which was :favorable to the passage o:r the b1ll,was agreed to.

On
nays

oth.e

passage

o:r

the

bill

the

ayes

were

30,

The bill having received the requisite Constitu-

tional majority,was passed.



By Mr. DeLoach o:r EvansHouse Bill No. 823. A Bill to be entitled an Act
creating a Cit.Y Court or Claxton;and :ror other purposes.

The report o:r the committee,which was :favorable to the passage o:r the bill,was agreed to.

On
nays

oth.e

passage

o:r

the

bill

the

ayes

were

29 1

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

TatJR.SDAY, MAaca 14, 1935.

1405

By Mr. Herndon o! Hart. House Bill No. 839. A Bill to be ent1tled an Act to amend the charter or Hartwell,and the Acts amendatory thereof so as to prescribe the manner and place or holding Marshal's sales 1n the city or Hartwell;and ror other purposes.

The report or the comm1ttee,wh1ch was favorable to the passage of the bill,was agreed to.

On the passage or the bill the ayes were 30,
nays o.

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

By Mr. Williams or Coffee-
House Bill No. 857. A Bill to be entitled an Act to amend an Act to incorporate the town or Broxton in the county or Coffee so as to provide that the terms of office or the Mayor and Aldermen shall be two years;and ror other purposes

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

30,

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

By Mr. Warnell or BryanHouse Bill No. 861. A Bill to be entitled an Act to amendan Act incorporating the town ot PembrOke by abolishing the offices or Clerk and Receiver or Tax Returns and creating in lieu thereof the office or Clerk and Treasurer;and !or other purposes.

The report or the commlttee,which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

30,

1406

JouRNAL OF THE SENATE,

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

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

Mr. President:

The House has passed,as amended,by the requisite Constitutional majority the following Bills of the Senate to wit:

By Senator Millican of 35th DistrictSenate Bill No. 75. A Bill to be entitled an Act
making it a misdemeanor for any person,firm or corporation,or officer thereot,engaged in the undertaking business to directly or indirectly offer or give compensation or anything or value to any person,firm or corporation to induce anyone to employ said undertaker;and tor other purposes.

By Senator Millican of the 35th DistrictSenate Bill No. 105. A Bill to be entitled an ~ct
to make penal the reporting or sending in or communicating to any Fire Department,Fire Marshal,or
others in charge of !ires or departments ot tires ot any municipality or other governmental sub-
division false alarms,!alse reports and false information pertaining to !ires,declar1ng same to be a misdemeanor;and for other purposes.

By Senator Skelton or the 30th DistrictSenate Bill No. 173. A Bill to be entitled an
Act to provide ror the redemption of real estate sold at tax sales by municipal authorities;and for other purposes.

By Senator Almon Senate Bill No.

oarat.heA3B7tihllDtoistbreicetn- title

d

an

Act

to amend an Act entitled an Act to reorganize and

re-constitute the State Highway Department or Geor-

gia;and ror other purposes.

Taua.so.u, MAa.cH 14, 1935.

1407

By Senator Rawlins or the 35th DistrictSenate Bill No. 161. A Bill to be entitled an Act
to amend the Code or Georgia which prescribes those who shall be subjeqt to road duty or pay such commutation tax as may be tixed by authorities having charge or county matters;and tor other purposes.

By Senator King ot the 11th DistrictSenate Bill No. 165. A Bill to be entitled an Act
to increase the System or State Aid Roads by the addition or a road tram State Highway or Route No. 39 at Fort Gatnes,Georgia~to State Highway or Route No. 1 at Blakely,Georgia.

The following message was received trom the House through Mr. Kingery, the Clerk thereot:

Mr. President:

The House has passed by the requisite Constitutional majority the following Bills or the House to wit:

By Mr. Lee ot Pulaski-

House Bill No. 893. A Bill to be entitled an Act

to create and establish a Board or Commissioners

ot Roads and Revenue tor the County or Pulaski, to

be composed ot three members;to detine their powers

and d their

urteiceas1lt;oa

provide tor their election nd tor other purposes.

and

tor

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

Mr. President:

The House has passed by the requisite Constitut1conal majority the following bills and resolutions ot the House to wit:

By Messrs. Ramsey Almand and Hartstield ot Fulton-

House Bill No. S67. A Bill to be entitled an Act

tcoitiperosvoidre2ocoiv.oioloseorrvmicoeret;oanrdtitroer

departments in other purposes.

1408

JOURNAL OF THE SENATE,

By Mr. Benton or Jasper. House Bill No. 911. A Bill to be entitled an Act
to amend an Act to create a Board or Commissioners o! Roads and Revenues tor the County or Jasper,by providing tor said Board to consist or five members; and tor other purposes.

By Messrs. Shedd o! Wayne,wrench o! Charlton and Swindle o! Berrien-
House Resolution No. 210. A Resolution requesting the Georgia Public Service Camn1ssion to invoke the powers vested in them in the regulation o! the Georgia Power and Light Company.

The following message was received !rom the House through Mr. Kingery, the Clerk thereor:

Mr. President:

The House insists upon the House Substitute,as amended,to the following bill or the Senate,to wit:

By senator Skelton or the 30th District-

Senate Bill No. 175. A Bill to be entitled an

Act to amend the Code or 1933 relati~ to the re-

demption or real estate at tax sales;and !o~ other

purposes.



The Speaker has appointed as a Committee o! Conterence to confer with a like Committee on the part o! the Senate, the following members o! the House,to wit:

l1essrs. Townsend o! Dade, Head ot Catoosa,and Mundy o! Polk.

The following Bills and Resolutions were put upon their passage:

By Mr. Patten or Cook-

.

House Resolution No. 42-239 E. A Resolution au-

thorizing and directing the State Librarian to

turn1sh certain Law Books to the County o! Cook;

and !or other purposes.

TJ~UUDAY, MAlleR 14, 1935.

1409

The report of the comm1ttee which was favorable to the passage of the resolut!on,was agreed to.
On the passage of the resolution the ayes were 27,
nays o.
The resolution having received the requisite Constitutional m~jority,was passed. By Mr. Watkins of Oglethorpe-
House Resolution No. 47-270 E. A Resolution authorizing the State Librarian of the State of Georgia to turnish a set of Court of Appeals Reports and a set of SUpreme Court Reports to Oglethorpe County;and for other purposes.
The report of the committee,which was favorable to the passage of the resolutiorl,was agreed to.
On the passage of the resolution the ayes were 27,
nays o.
The resolution having received the requisite Constitutional majority, was passed. By Mr. Terrell or Warren- House Resolution No. 48-270 F. A Resolution authorizing and directing the State Librarian to furnish the Commissioner o:r Roads and Revenue of warren County certain missing volmnes of SUpreme Court and Court of Appeals Records;and :tor other purposes.
The report or the comm1ttee,which was favorable to the passage of the resolution,was agreed to.
26O,nnaythseop.assage of the resolution the ayes were
The resolution having received the reqUisite Constitutional majority,was passed. By Mr. Almand of Fulton_.
House Resolution No. 49-270 G. A Resolution to relieve W.P. Middlebrooks as surety on the bond of Herman Wilcox;and for other purposes.

1410

JouRNAL oF THE SENATE,

The report of the cammittee,Which was favorable to the passage of the resolution,was agreed to.
On the passage or the resolution theayes were
Z1 ,nays o.
The resolution having received the requisite Constitutional majority,was passed. By Messrs. Parker and Shirah of Colquitt-
House Resolution No. 71-372 B. A Resolution requiring the State Librarian to furnish certain law books to Colquitt County;and tor other purposes.

The report or the committee which was favorable to the passage or the resolution,was agreed to.

27O,nnaythseop. assage o~ the resolution the ayes were

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

By Messrs. Hooks of Glascock and Terrell or Warren-
House Resolution No. 104-508 A. A Resolution authorizing and directing the State Librarian to furnish the Commissioners ot Roads and Revenue ot Glascock County,certa1n missing law books;and tor other purposes.

The report or the CODID.ittee,which was favorable to the passage or the resolution,was agreed to.

On the 27,nays

op. assage

or

the

resolution

the

ayes

wer&

The resolution having received the requisite Con st1tutional majority,was passed.

By Messrs. Welsch and Manning or CobbHouse Resolution No~ 105-508 B. A Resolution au-
thorizing and directing the State Librarian to furnish to the Ordinarys office or Cobb County,

T;~~uUDAY, MAa.cs 14, 1935.

1411

Georgia,certain missing law books;and for other purposes.

The report of the cammittee,which was favorable to the passage of the resolution,was agreed to.
on the passage of the resolution the ayes were 2:7, nays o.

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

By Mr. Hampton of FanninHouse Resolution No. 107-539 A. A Resolution au-
thorizing and directing the State Librarian to furnish to the Ordinary and Clerk of the Superior Court of Fannin County,Georgia,certain missing volumes of the Supreme Court Reports,and Court of Appeals Reports;and for other purposes.

The report of the cammittee,which was favorable to the passage of the resolution,was agreed to.

On
nays

oth.e

passage

of

the

resolution

the

ayes

were

28,

-The resolution having received the requisite Constitutional majority,was passed.

By Mr. Claxton of JohnsonHouse Resolution No. 143-639 A. A Resolution di-
recting the State Librarian to furnish the Clerk and Ordinary of Johnson County with certain volumes of. the Court or Appeals and Supreme Court Reports;and tor other purposes.

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

On
nays

oth.e

passage

ot

the. resolution

the

ayes

were

28,

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

1412

JouRNAL oF THE SENATE,

By Mr. Almand of FultonHouse Resolution No. 145-649

c.

A Resolution to

release Mrs. Lucile M Greene as surety on superse-

deas bond of Robert K. Smith in Fulton Superior

Court;and for other purposes.

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

on the passage of the resolution the ayes were 28,nays o.

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

By Messrs. Tipton and Bannister of ThomasHouse Hesolution No. 151-665 B. A Resolution au-
thorizing and directing the State Librarian to furnish to the Clerk of the Superior Court of Thomas County,Thamasv1lle,Georgia,certain volumes of Supreme Court and Court of Appeals Reports;and for other purposes.

The report of the cammittee,which was favorable to the passage or the resolution,was agreed to.
on the passage of the resolution the ayes we~e
28,nays o.

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

By Mr. Peebles of BartowHouse Resolution No. 152-684 A. A Resolution to
authorize the State Librarian to furnish certain law reports to the Ordinary of Bartow County.

The report of the camm1ttee,which was favorable to the passage of the resolution,was agreed to.

On the passage or the resol~tion the ayes were 27, nays o.

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

T;HUJt.SDAY, MARCH 14, 1935.

1413

By Mr. Parks or Gilmer- House Resolution No. 172-763 D. A Resolution au-
thorizing and directing the State Librarian to turnish without cost to the Ordinary and Clerk or Gilmer County certain missing volumes or the Supreme Court and Court or Appeals Reports;and tor other purposes.
The report or the comm1ttee,which was favorable to the passage or the resolution,was agreed to.
on the passage or the resolution the ayes were 30, nays o.
The resolution having received the requisite Constitutional majority,was passed.
Senator Jones or the 17th District arose to the point or personal privilege and addressed the Senate.
Senator Evans or the 29th District arose to the point or personal privilege and addressed the Senate.
Senator Dennis or the 28th District arose to the point of personal privilege and addressed the Senate.
Under the head o'! unfinished business the following bill o'! the House was taken up tor consideration: By Messrs. Groves or L1ncoln,Grayson ot Chatham, Moore o'! Clayton,Bargeron o'! Burke and others-
House Bill No. 144. A Bill to be entitled an Act to be known as "The Alcoholic Beverage Control Act, to declare that the State Revenue Commission shall administer and enforce said Act;to declare their powers and duties;and tor other purposes.
The committee amendments to the original bill,the substitute !or the original bill by Senator Beasley and others,and the amendments to the substitute were read



1414

JouRNAL oF THE SENATE,

An extended debate on the Liquor Bill followed. The President announced that t~e hour or adjournment having arrived the Senate stood adjourned until 2 o'clock P.M.
AFTERNOON SESSION The President called the Senate to order. Senator Jones who was speaking when the Senate adjourned,resumed the floor. Senator Cla.rke or the 44th District moved the previous question and the motion prevailed. The main question was ordered. The committee o!!ered the following amendments to the House Bill No. 144 which were adopted:
Amendment No. 1. 1. By striking the words "County or Mun1cipality" trom paragraph C or Section three. 2. By striking the words M 11 unicipality or County" !rom first and second lines or section eight. 3. By striking the words or Municipality !rom second line o! paragraph H o! the seventh Section. 4. By striking the words or Municipality" !rom the fifth paragraph or the eighth Section. 5. By str1ki!l !rom the sixteenth line or Section nine the words, or to any municipality or county and tram the seventeenth and eighteenth lines the words or municipality or county. 6. ~ striking the words "except Municipality or County trom the second line o! Section fourteen. 7. By striking the words to any incorporated or unincorporated village tram the fourth line or Section twenty-one.
a. By striking the word ror" and inserting in
lieu thereof the word "!rom" in the third line or Section twenty-two.
9. By adding after the word "Public" in third line,o! the thirty-first paragraph,the following words: "or private road,street.



THUilSDAY, MAilCH 14, 1935.

1415

Amendment No. 2. By adding to Paragraph (a) or Section 7,the following:

"But so rar as this Act is concerned,shall not

re!er to those malt liquors commonly lmown as beer,

licensed under a separate Act, so that Paragraph (a) when so amended shall read as follows:

1,,.

~

"The words tAlcoholic Beverager mean any liquid

intended tor and capable or human consumption as a

beverage and containing one-halt or one percent or

more or alcohol by volume,but so rar as this Act

is concerned,shall not rarer to those malt liquors

commonly known as beer,licensed under a separate

Act."

Amendment No. 3. By striking rrom the fifth and sixth lines or Section a,the words, "not to be drunk on the premises where sold."

By striking the words 0MUnicipality or County0 tram the first and second lines or said Section a.

a.By striking all or paragraph six or said Section

Amendment No. 4. By striking all or Section 10 or the Enrolled Bil~ and inserting in lieu the following:

"That it such business is proposed to be carried on within the corporate limits or a municipality, the applicant ~or license shall pay to the proper authority to be designated by the Governing Body or such municipality such yearly license tee tor manuracturers,wholesaie distributors and retail distributors,as may be fixed by the Governing Body or such munic1pal1ty,wh1ch license shall apply to and be required tor each place or manuracture,and also tor each place or wholesale and also tor each place or retail distributor;and it is further provided that When any or the designated businesses are licensed bY municipal authorities,that no county license tee

1416

JouRNAL oF THE SENATE,

Shall be required by county authorities. However, upon any or the above designated businesses being located without a mun1cipality,the Governing authority or such county in which any or said businesses is located,is authorizec to fix an annual license tee,which shall apply to and be required tor each place or manutacture,and also ror each place ot wholesale,and also tor each place or retail distributor,outside of municipalities and/or incorporated towns or cities."

Amendment No. 5.

1. By adding 1n the words,"permit

the 6th l tee,"tne

ifnoelloowrinSgecwtioornds111taofrt

er

retail dealers,Two Hundred Fifty tor wholesalers,and Five Hundred

Dollars Dollars

(($!255o0o..0oo0))

tor manutacturers,"so that the first paragraph of

Section ll,when so amended,shall read as follows:

"section 11. That upon tiling or such application with the certificate trom the proper authority or the municipality or county as herein required, showing payment or the license ree,and upon the payment ot the turther sum of One Hundred Dollars ($100.00) as a special State permit tee tor retail dealers Two Hundred Fifty Dollars ($250.00) tor wholesale dealers,and five Hundred Dollars {$500.00) tor manutacturers,the Revenue Commission shall issue a license authorizing the business to be carried on as herein named. Provided,such business shall only be carried on in those counties authorized in this Act.
2. By adding after the figures "$100.00", in the 14th line or the Eleventh Paragraph,the words, "tor retail dealers,Two Hundred Fifty Dollars
($250.00}tor wholesale dealers,and Five Hundred
Dollars {$50Q.OO) tor manufacturers.

3. By striking tram the 15th line of Section 11

tbetw~rds,"ot One Hundred Dollars ($100.00)",and'

i~r~~:ns, 1n lieu thereof the words, "as tixed

ab()Vle '~;:-,:: 1-.,, ---1

.

'

i.~;; ~-;.:~~ . . . ' .f

{_: ~ -.

THUJLSDAY, MA.ILCH 14, 1935.

1417

4. By striking trom the last three lines o:r Section 11 the following: "municipality or county applying :ror a retail distributor's license and every other like applicant shall by this permit ap~ly :ror license tor each place o:r business operated.

Amendment No. 6.

By striking tram the first and second lines o:r Section 13 the following:

1. "including a municipality or county.

2. By striking tram the OOth line o:r the 13th

iaragraph o:r the Enrolled Bill the words and figures

five percent the words and

(5%)" and inserting i figures Twenty-five

np elriceeun tth(e2r6e%o:)r. 1

Amendment No. 7. By striking Section 18 and inserting in lieu thereof the following:

section 18. The State Revenue Cammission,with the approval o:r the Governor,shall employ such clerical help,agents,inspectors and other employees, as may be necessary tor the proper enforcement o:r this Act and :rtx their reasonable compensation therefor. The total o:r such expenditures,however, shall not exceed three percent {3%)o:r the gross revenue collected under this Act."

Amendment No. 8. By striking tram the last three lines o:r Section twenty (20),the :rollow1ngwords:

"Provided that such power shall not extend to charging a greater license :ree than is named herein, and inserting in lieu thereo:r the following:

"All municipalities issuing licenses and all county authorities issuing licenses shall,w1thin their respective jurisdict1ons,have authority to determine the location o:r any distillery wholesale business or retail business licensed by them respectively under this Act. Provided,however,that no

1418

JouRNAL oF THE SENATE,

alcoholic beverages or spirituous liquors or any kind shall be sold upon any school grounds or college campus nor within one hundred yards or such school grounds or college campus.
Amendment No. 9. 1. By striking trom the eleventh line or Section 22 of the Enrolled Act the Words, "one-tenth (1/10) or the voters,"and inserting in lieu thereo~ the words, twenty-five (25%) per cent of the voters." 2. By adding at the end or the second paragraph ot Section 22 the following: "other than an election for the adoption of a Beer License Act,it such Act is submitted to a referendum.. a 3. By striking from the twenty-second line and the last line or Section 22 the words voters list and inserting in lieu thereot,the words, registration list.
Amendment No. 10. By striking from Section-23 the following words: Except that any municipality or county,as provided herein,shall have the right to become retail distributors,and be relieved tram any municipal tax required, but shall not be relieved tram any . State Tax here tmposed."
Amendment No. 11. By striking from Section 25 the following: nAnd_ not more than one license or permit shall be granted to anyone person,firm or corporation in the same county,except to a municipality or county operating its own retail distributing s~ores.
Amendment No. 12. By striking Section 26,and inserting in lieu thereof the following:

T:HuasDAY, M.ucH 14, 1935.

1419

"No liquors sold under this Act shall be consumed on the premises where ~chased,except as herein speci!icallyprov1ded.

"In counties Where this Act has been adopted by

popular election,as herein provided,persons oper-

ating hotels where food is served,may apply to the

county or municipal authorities issuing the retail

license,as herein provided,and in the discretion o!

the authorities aforesaid receive a permit to dis-

pense and sell alcQholic beverages,as herein define~

in private dining roans, (so marked), to persons

seated at tables. Provided,however,that such es-

tablishments must have been in continuous operation

!or a period o! at least twelve (12) months prior

to application !or such perm1t. Nothing in this

Aticotn,hoow! eavner1sohpeanll

be construed to allow saloon, nor to permit

the the

operadispen-

sing or sale o! alcoholic.beverages in Cafes,~o!!ee

Shops,Ca!eterias,or other public dining rooms.

Amendment No. 13. By striking Section 27 of the Enrolled Act and inserting in lieu thereo!,the following:

No wholesale or retail distributor shall operate

any place o! buBiness,as authorized in this Act,

~!Qre (7:00) otclock,AJM.,nor shall such place of

business remain open after six (6:00) otclock,PJM.,

Standard Time,except that in cities o! more than ten

tshioounsaon!dthinebMabUintaicniptas1reautathiloerristie(sb)f

special permismay remain open

until nine (9:00) otclock,P.M."

Senator Millican o! the 35th District offered the following amendment to committee amendmentNo. 13:

By striking the words Nine (9:00) oclock,P.M. and inserti!if in lieu thereof the words seven (7:00) oclock P.M. in the last line.

The amendment was adopted.

The committee amendment No. 13,as am.ended,was adopted.

1420

JouRNAL OF THE SENATE,

Amendment No. 14. By adding in the 4th line or the Twenty-Ninth (29th) Section,tmmediately after the words "divine worship," the following:

"Except when used !or ceremonial or sacramental purposes."

Amendment No. 15. By adding a new Section known as Section 33-A and reading as follows:

"It shall be unlawful !or any manutacturer,wholesale or retail distributor,or any person to ship or transport by any means whatsoever any or the liquors defined in this Act into any County,which County has voted against the issuance or perm1ts or into a municipality which forbids the sale or such liquors by Ordinance. Provided,however,nothing herein shall prevent any manuracturer,wholesale or retail distributor !rom shipping or transporting said liquors thru such "no permit counties or municipalities where the sale is prohibited,where the destination or such liquors 1s beyond the limits
or such State,or to a county ar municipality within
the State in which such sale is not prohibited by law."

.

Amendment No. 16.

1. By ~triking !ram the firth line or Section 36

o! the Enrolled Act the Words, 8Wednesday,May 15,

1935, and substitutipg in lieu thereot,the words,

"Tuesday,July 2,1935."

2. By striking from the seventh line or the thlrt)&sixth (36th) Paragrapn,the word, "that,and inserting in lieu thereot,the words,"the registered voters list.

Amendment No. 17. BI addi~ a sub-section to Section 37,to be known as 37 (A) as follows:

THUllSDAY, MA&cH 14, 1935.

1421

section 37 {A): Any person who shall purchase any alcoholic beverages,distilled beve~ges,or liquors,as specified in this Bll~,trom any person other than a licensed retailer,wholesaler or manufacturer, or shall be in possession or such alcoholic liquors so illegally purchased,shall be guilty or a misdemeanor,and upon conic~ion,punished as such.

Amendment No. 18. By striking Section 39, and inserting in lieu thereot,the following:

"The County authorities charged with issuing

liquor licenses shall have the right to refuse any

license tor dispensation of intoxicating liquors in

any location outside of the corporate limits or a

duly incorporated municipality,and to revoke such

permits and licenses where such authorities are

satisfied that any such business is being conducted

in such manner or place as is incompatible with the

gthooedgoovrderenr11npgeabcoedyando

dign r any

ity of munic

the ipal

community,and ity shall have

like authority over those dispensing or proposing

to dispense liquors within the 11mits of their juri~

diction."

The amendment by Senator Pope of the 15th District, Senator Larsen .of the 16th District,Senator Evans of the 29th District and Senator Klng or the 11th District to the original bill,was re-read.

On the adoption or this amendment Senator King or the 11th District called tor 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:

Almon

Johnson of the Pope

Carrington

.31st

Ragan

Dennis

Kiker

Scott

Duncan

King

Simmons

Evans

Larsen

Skelton

Gary

McGehee

Thomas

Holt

1422

JouRNAL oF THE SENATE,

Those voting in the negative were Senators:

Atkinson cannon Chappell Clark Cooper Crawford Darden Dickerson Edenfield Gaskins

Harden Hart JohnSton of the
39th Jones Kirkland Lancaster Lester McGinty McLeod

McWhorter Milhollin Millican Rawlins Sm1 th Strickland Turner Vaughn Wright

Verification of the roll call was dispensed with.

The ayes were 1_8,nays 28.

The amendment was lost.

Senator Evans of the 29th District moved that the Senate reconsider its action in defeating the Pope amendment to the original bill.

The motion was lost.

seriator Turner of the 32nd District offered an amendment to the Beasley substitute which was adopted.

Senator McGehee of the 25th District offered an amendment to the Beasley substitute which was lost.

Senator Carr1ngtGn of the 27th District offered an amendment to the Beasley subst1tute which was adopted.

Senator Evans of the 29th District offered an amendment to the Beasley substitute Which was lost.

Senator Evans of the 29th District moved that the senate reconsider its action in defeating the above amendment and the motion was lost.

Senator Evans of the 29th District moved that the Senate adjourn.

TJIUUDAY, MARCH 14, 1935.

1423

The President ruled that the motion was out o'! order and had the Secretary to read Rule No. 50.
Senator Evans o'! the 29th District appealed from the ruling of the Chair.
On the appeal the ayes were 3,nays 35. The appeal was therefore lost. Another similar amendment by Senator Evans of the 29th District to the Beasley substitute was lost. Senator Evans o'! the 29th District moved that House Bill No. 144,the substitute and all amendments thereto be tabled. The President ruled this motion out of order. Senator Evans of the 29th District appealed from the ruling of the Chair. On the appeal the ayes were 3,nays 33. Senator Evans or the 29th District moved that House Bill No. 144tthe substitute and all amendments thereto be indefinltely postponed. The motion was lost. several other amendments by Senator Evans o'! the 29th District were lost. Senator Evans of the 29th District moved that House Bill No. 144,the substitute and all amendments thereto be re-committed to the Committee on Temperance. The motion was lost. ,Senator Evans or the 29th District moved that the Bill and all amendments be deterred until March 20, 1935 and the motion was lost.

1424

JouRNAL OF THE SENATE,

Several other similar amendments by Senator Evans to the Beasley substitute were lost.

Senator Beasley or the 2nd District aSked unanimous consent that he be permitted to withdraw his substitute and all amendments thereto.

Senator Evans or the 29th District objected,but later withdrew his objection and the Beasley substitute was withdrawn trom consideration.

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

On the passage or the bill,as amended,the ayes and nays were called ror and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Chappell Clark Cooper Crawford Darden Edenfield Gary Gaskins

Harden Hart Holt Johnston or the 39th Jones Kirkland Lancaster McGinty McLeod McWhorter

Milhollin Millican Pope Ragan Rawlins Skelton Smith Strickland Turner
Vaughn
Wright

Those voting in the negative were Senators:

Carrington Dennis Duncan
Evans

Johnson or the 31st Kiker King Larsen

Lester McGehee Scott Simmons Thomas

The roll call was verified.

T:HuasDAY, MAacs 14, 1935.

1425

The ayes were 32,nays 13. The bill,as amended,having received the requisite Constitutional majority,was passed. Not voting were: Senators Cannon of the 40th District~Dickerson of the 5th District,Goodwin of th3 20th-District and Rucker of the 50th District Senator Crawford of the 42nd District asked unanimous consent that House Bill No. 144 be immediately transmitted to the House. The consent was granted. The President appointed as a committee of conference to confer with a like committee of the House on Senate Bill No. 175,a bill relating to the redemption of real estate at tax sales,the following members o:r the Senate, to Vlit:
Senators Lester of the 18th District, . Johnston of the 31st District,and Clark o:r the 44th District.
The President appointed as a committee of conference to confer w1th a like committee on the part of the House on Senate Bill No. 79, a bill regarding the foreclosure of any security deed of mortgage, the following members of the Senate,to wit:
Senators Atkinson of the 1st District, King of the 11th D1strict,and Goodwin of the 20th District.
The following privileged resolutions were read and adopted: By Senator Pope of the 15th District-
A Resolution extending the privileges of the floor to Mrs. Sewell Courson and Mrs. Jim Peterson, of Treutlen County.

1426

JouRNAL oF THE SENATE,

By senator Lester or the 18th DistrictA Resolution extending the privileges ot the floor
to Mr. D. T. Simpson,President ot the Junior Chamber ot Commerce ot Savannah,Georgia. By Senator Atkinson ot the 1st District-
A Resolution extending the privileges or the floor to 11rs. Thomas,wite ot the Senator from the 33rd District. By Senator Beasley ot the 2nd District-
A Resolution extending the privileges or the
floor to Mr. s. c. Howard and Mr. T. R. Smith,
prominent business men or Glenville,Georgia. By Senator Lester ot the 18th District-
A Resolution extending the privileges or the floor to Hon. Lester Elliott,or Augusta,Georgia. By Senator Dennis ot the 28th District-
A Resolution extending the privileges ot the floor to Senator J .H. Manning ot South Carolina and Hon. J. H. Monsell,tonner member or the House~ By Senators Johnson ot the 31st District,and Cooper or the 22nd District-
A Resolution extending the privileges or the &C floor to Mrs. Clarence Vaughn,w1te ot the Senator trom the 34th District. By Senator Gaskins ot the 6th District-
A Resolution extending the privileges or the floor to Mr. G. T. Register and Mr. D.E. Coleman, ot Lowndes County.
The following message was received from the House through Mr. Kingery, the Clerk thereor: Mr. President:
The House has passed by substit~te,as a.mended,by the requisite Constitutional majority the following bill ot the House to wit:

THURSDAY, MAllCH 14, 1935.

1427

By Mr. Spivey of EmanuelHouse Bill No. 561. A Bill to be entitled an Act
to annually,in addition to ad valorem tax,levy and collect a tax for the support of the State Government,and for other purposes.
Senator Millican of the 35th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until tomorrow morning at 9:00 orclock.

1428

JouRNAL oF -THE SENATE,

Senate Chamber,Atlanta~Georgia. Friday,March loth,l935.
The Senate met,pursuant to adjournment,at 9:00 otclock A.M. this day and was called to order by the President Pro Tempore,senator Rawlins of the 45th District.
Prayer was offered by the Chaplain. Senator McWhorter or the 19th District asked unanimous consent that the calling or the roll be dispensed with and consent was granted. Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that he had examined the Journal or yesterdayts proceedings and found it correct. Senator Scott or the 7th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted. The Journal was confirmed. Senator McLeod or the 9th District asked unanimous consent that House Bills No. 682 and No. 779 be recommitted to the Committee on Municipal Government and consent was granted. The Rules Committee fixed the following order of business tor the forenoon session this date,March 15: 1. Introduction of new matter under the rules. 2. Reports of standing committees. 3. Second reading of bills favorably reported. 4. General Senate Bills;and resolutions: Senate Resolution No. 106i Senate Bill No. 122;Senate Bill No. 133i8enate Bil No. 206;Senate BUl No. 212; Senate ~ill No. 213;Benate Bill No. 234;Benate Resolution No. 96.

FRIDAY, MARCH 15, 1935.

1429

General House Bills: House Bill No_ 807;House Bill No. 9l;House Bill No. 77iHouse Bill No. 640.
5. General Senate and House Bills with local ap.. plication in the discretion o! the President: Senate Bill No. 227;Senate Bill No.Z33;Senate Bill No. 222; House Bill No. 773;House Bill No. 772;and House Bill No. 409.
senator Scott or the 7th District aSked unanimous consent that when the Senate adjourn today that it reconvene at 2 oclock P.M. !or an afternoon session.
The consent was granted. senator Lester or the 18th District aSked unanimous consent that the following bills and resolution ot the House be withdrawn !rom the Committee on Appropriations,read 2nd time and re-committed to the Committee on Appropriations: House Resolution No. 31. House Bill No. 818. House Bill No. 620. House Bill No. 449. The consent was granted. The following bills and resolution or the House were read second ttme and re-committed: By Mr. Williams or JonesHouse Resolution No. 31-197a. A Resolution providing tor the re!und or $157.50 to the Bank or Gray,Georgia,on account or peach stamps purchased underthe Act or l927;and ror other purposes. By Messrs. Grayson o! Chatham and othersHouse Bill No. 449. A Bill to be entitled an Act to amend Section 95-2102,Chapter 95-21 or Title 95 ot the Code o! Georgia,l933,providing State Treasurer set apart monthly and hold sutricient tunds to pay the Highway Department refunding certificates; and !or other purposes.

1450

JouRNAL or THE SENATE,

By Mr. Oden of PierceHouse Bill No. 620. A Bill to be entitled an Act
to appropriate $50,000 tor use in combating the Screw Worm in Georgta;and tor other purposes. By Mr. Weathers of Jenkins-
House Bill No. 818. A Bill to be entitled an Act to authorize County Commissioners in certain counties of this State to appropriate funds to support a library;and tor other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees: By Senator Rawlins of the 45th District-
Senate Bill No. 239. A Bill to be entitled an Act to amend Section 92-5712 of the Code of Georgia of 1933.
Committee on Motor Vehicles. By Senator McGinty of the 43rd District-
Senate Bill No. 240. A Bill to amend an Act creating a Board of Roads and Revenues of Murray County; and tor other purposes.
Committee on Counties and County Matters. By Senator Carrington or the 27th District-
Senate Bill No. 241. A Bill to exempt motor vehicles owned by the Federal Bureau or Investigation, u.s. Department or Justice,rrom the payment of a license tor use of such vehicles tor otrieial dutie~ and tor other purposes.
Committee on Motor Vehicles. By Senator Millican of the 35th District-
senate Bill No. 242. A Bill to provide that Cities having a population ot more than two hundred thousand,aecording to the last ceusus or theu.s. shall furnish pensions to all orricers and emplo,yees;and tor other purposes.
Committee on Municipal Government.

FRIDAY, MARCH 15, 1935.

1431

By Senator Millican o! the 35th District-

Senate Bill No. 243. A Bill to amend an Act aP-

proved August 20,1927,entitled "Pension Laws in

Cities o! one hundred and !i!ty thousand (150,000)

population or more."

.

Committee on Municipal Government.

By Senator Millican o! the 35th DistrictSenate Bill No. 244. A Bill to amend an Act o!
1929,which Act was to amend an Act approved August 20, 1927,entitled "Pension Laws in Cities o! One Hundred and Fifty Thousand (150,000). Population or more."

Committee on Municipal Government.

By Senator Millican o! the 35th DistrictSenate Bill No. 245. A Bill to amend an Act es-
tablishing a New Charter !or the City o! Atlanta, approved February 28,1874,and the several Acts amen~ atory thereof.

Committee on Municipal Government.

By Senator Millican o! the 35th DistrictSenate Bill No. 246. A Bill to amend an Act es-
tablishing a New Charter for the City o! Atlanta, approved February 28,1874,and the several Acts amendatory thereo!;and !or other purposes.

Committee on Municipal Government.

By Senator Jones o! the 17th District-

Senate Bill No. 247. A Bill to amend an Act so

as to change the compensation o! the Tax Commission-

er and to provide tor the payment o! same;and tor

other purposes.



Comnittee on Counties and Cotmty Matters.

By Senator Skelton o! the 30th DistrictSenate Bill No. 248. A Bill to be entitled an Act
to amend Section 113-1414 o! the Code o! Georgia ot

1432

JouRNAL oF THE SENATE,

1933 Which provides that a testator may by will dispense with the necessity or his executor making an inventory or ~turn;and tor other ~urposes.
-
Committee on General Judiciary No. 1.
By Senator Simmons of the 8th DistrictSenate Bill No. 249. A Bill to increase the mile-
age or the State Aid System or Public Roads by the addition or a road in Decatur County;and tor other purposes.
Committee on Highways and Public Roads.
Mr. Skelton or the 30th District,Chairman or the Committee on General Judiciary No. !,submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following Bill or the House and have instructed me as Chairman, to report the same back to the Senate wit~ the following recommendation:
House Bill No. 464, do pass.
Respectfully submitted, J.H. Skelton of 30th District, Chairman.
Mr. Ragan or the 14th District,Chairman or the Committee on Pensions,submitted the following report: Mr. President:
Your Committee on Pensions have had under considerati.on the following Bill or the Senate and have instructed me as Cha1rman,to report the same back to the Senate with the following recommendation:
Senate Bill No. 202, do pass.
ResLp.ecc.tfRualglyansuobr m1i4tttehd:6istrict,
Chairman.

FRIDAY, MARCH 15, 1935.

1433

Mr. Smith of the 24th District,Chairman of the Committee on Hygiene and San1tation,submitted the following report: Mr. President:
Your Committee on Hygiene and Sanitation have had under consideration the following Bills of the House and have instructed me as Chair.man,to report the . same back to the Senate with the following recommendations:
House Bill No. 204, do pass. House Bill No. 340, do pass,as amended. House Bill No. 747, do paes.
Respectfully submitted, Smith of 24th District, Chairman.
Mr. Carrington of the 27th District,Chainnan of the Committee on Public Utilities,submitted the !ollowing report: Mr. President:
Your Committee on Public Utilities 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 following reconmendation:
Senate Bill No. 231, do pass, as amended. Respectfully submitted, Carrington of 27th District, Chairman.
Mr. Clark of the 44th D1strict,Cha1rman of the Committee on Counties and County Matters,subm1tted the !ollow1ng report: Mr. President:
Your Committee on Counties and County Matters have had under consideration the following Bill or

1434

JouRNAL OF THE SENATE,

the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
House Bill No. 892, do pass. Respecttully submitted Clark or 44th District, Chainnan.
Mr. Clark of the 44th 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 or the House and bave instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 812, do pass. House Bill No. 813, do pass,by substitute. House Bill No. 830, do pass. House Bill No. 765, do pass.
Respectfully submitted, Clark or 44th District, Chairman.
Mr. Vaughn or the 34th District,Chairma.n of the Committee on Spectal Judiciary,submitted the following report: Mr. President:
Your Committee on Special Judiciary have had under consideration the following Bills and Resolutions or the House and Senate and have instructed me as Chair.man,to report the same back to the Senate with the following recommendations:
. ~~ .1.

FRIDAY, MARCH 15, 1935.

1435

House Bill No. 584, do pass. House B1ll No. 850, do pass. House Bill No. 174, do pass. House B111 No. 651, do pass. House Resolution No. 198-898a, do pass. Senate Resolution No. 107, do pass.
Respectfully submitted, Vaughn or 34th District, Cha1nnan.
Mr. Johnson or the 31st District,Chairman ot the Committee on Amendments to the Constitution,subm1tted the following report: Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following Bill and Resolution or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 209, do pass. House Resolution No. 81-43oa, do pass
Respectfully submitted Johnson ot 3lst District, Chairman.
Mr. Johnson ot the 31st District,Chairma.n or tbe Conmittee on Amendments to the constitution,submit'ted the following report: Mr. President:
lour Conmittee on Amendments to the Constitution .have had under consideration the following Bill and Resolution or the House and have instructed me as Chairman,to report the same back t~ the Senate with the following recommendations:
House Bill No. 32, do pass,as amended.

1436

JouRNAL oF THE SENATE,

House Resolution No. 91-4748., do not pass. Respectfully submitted, Johnson ot 37th District, Chairman.
Mr. Cooper ot the 22nd District,Chairman ot the Committee on MUnicipal Government,submitted the following report: Mr. President:
Your Comnittee on Municipal Government have had under consideration the tollowing Bill ot the House and have instructed me as Chairman, to report the same back to the Senate w1th the tollowing recommendation:
House Bill No. 734,do pass,by substitute. Respectfully submitted, Cooper ot 22nd District, Chairman.
The following message was received trom the House through l1r. Kingery, the Clerk thereot: Mr. President:
The House bas passed by the requisite Constitutional ma.jor1ty the following Bill ot the House to wit: By Mr. Hampton ot Fannin-
House Bill No. 898. To be entitled an Act to amend,consolidate and supersede the several Acts
incorporating the City ot Blue R1dge,Fannin County,
Georg1a;and tor other purposes. The tollow1ng message was received trom the House
through l1r. Kingery, the Clerk thereot: l1r .President:
The House has passed by the requisite Constitu-

FRIDAY, MARCH 15, 1935.

1437

tional majority the following Bills and Resolutions ot the House to wit: By Mr. Henderson ot Irwin-
House Bill No. 128. A Bill to be entitled an Act to appropriate the sum or two thousand tive hundred dollars tor the purpose ot erecting a marker on the property owned by the State in I~n County where Jetterson Davis was captured;and tor other purposes.
By Messrs. Shedd ot Wayne and Caswell ot LibertyHouse Resolution No. 197-898b. A Resolution des-
ignating the State Highway Route No. 38 from Savannah westward to the Alabama line as Oglethorpe Highway;and tor other purposes. By Mr. Brcwm or Glynn-
House Bill No. 251. A Bill to be entitled an Act to amend Section 92-8301 or the Code ot 1933 by changing the time in which land sold tor taxes or drainage assessments may be redeemed !rom 12 months to two years;and tor other purposes. By Mr. Reagan ot Henry-
House Bill No. 257. A Bill to be entitled an Act to amend an Act designating the Highway mileage by adding additional mileage in Decatur,DeKalb and Spalding counties;and tor other purposes. By Mr. 8mith ot Madison and Mrs. Coxon ot Long-
House Bill No. 547. A Bill to be entitled an Act
Cprroawvifdoirndgwf.unLdosngt;oanrdmteomrooritahl etroptuhrepomseems.ory ot Dr.
By Messrs. Jackson ot Blackley and Gnann or EffinghamHouse Bill No. 701. A Bill to be entitled an Act
to regulate wholesale and truck dealers and !arm produce and commodity and to tax same and to allocate same;and tor other purposes. By Messrs. Townsend or Dade;Heaa or Catoosa;Swann
or Gradyand Wilson ot MUrrayHouse Bill No. 842. A Bill to be entitled an Act

1438

jOURNAL OF THE SENATE,

to provide tor the election of Boards of Education by vote or the people in certain counties;and !or other purposes.

ByHMouessesrBs.ilAl nNsole.y~7G8u.essAanBdilLl intodsabye

or DeKalbentitled an

Act

to revise,amend,consolidate and supersede the Act

creating a char~er tor the town or Chamblee,in De-

Kalb County,so as to create a new charter;and !or

other purposes.

By Mr. Fowler of TreutlenHouse Bill No. 886. A Bill to be entitled an Act
to reduce the bond or the Sheri!! o! Treutlen county from $lo,ooo.oo to $3,ooo.oo;and tor other purposes.

By Messrs. Harris,Lanier and Barrett or RichmondHouse Bill 903. A Bill to be entitled an Act
to abolish on and after January 1,1937,the City Court o! Richmond County to repeal on and a!ter January 1,1937,an Act entitled an Act to establish a City Court in the County or Richmond;and tor other purposes.

~ Messrs. Cobb and Joel or ClarkeHouse Bill No. 904. A Bill to be entitled an Act
to amend an Act providing a Charter tor the City or Athens,and Acts amendatory thereot;street or sidewalk in said town;and tor other purposes.

By Mr. Benton,Jr. ot JasperHouse Bill 912. A Bill to be entitled an Act to
!ix the compensation o! the County Treasurer o! Jasper County;and !or other purposes.

By Mr. Benton,Jr. ot Jasper~ House Bill No. 913. A Bill to be entitled an Act
to consolidate the offices of tax receiver and tax collector of Jasper County,to create the office ot county tax commissioner.

The following message trom the House was received through Andrew J. Kingery Clerk:

FRIDAY, MARCH 15, 1935.

1439

Mr. President: The House has disagreed to the Senate Substitute
as amended to the following resolution ot the House: By Messrs. Rivers ot Lanier,Lanier,Harris and Barrett ot Richmond-
House Resolution No. 12-13a. A Resolution proposing to the qualified voters ot Georgia,an amendment to theconstitution ot the State ot Georgia, exempting trom all ad valorem taxation,except special assessments and taxation tor any existing bonded indebtedness,a homestead not exceeding $5,000.00 in value;and tor other purposes.
The following bills and resolution ot the Senate, favorably reported by comm!ttees,were read the second time: By Senator Chappell ot the 13th District-
Senate Bill No. 202. A Bill to provide tor the payment ot the burial expenses or Confederate pensioners;and tor other purposes. By Senator King ot the 11th District-
Senate Bill No. 211. A Bill to regulate the sale ot insecticides and fungicides manufactured or sold for use in controlling animal insect pests or diseases;and tor other purposes. By Senator Cooper of the 22nd District-
Senate Bill No. 231. A Bill extending the powers and duties ot the Public Service Commission to persons,tirms or corporations manufacturing or distributing ice in Georgia;and tor other purposes. By Senator Millican ot the 35th District-
Senate Bill No. 232. A Bill to declare the necessity ot creating bodies known as housing authorities to engage in slum clearance,to define their powers and duties;and for other pt~p~ses.

1440

JouRNAL oF THE SENATE,

By senator Skelton or the 30th DistrictSenate Bill No. 235. A Bill to create the office
ot Commissioner or Escheats and Penalties,to provide tor the appointment and qualifications or same;and tor other purposes.

By Senator Larsen ot the 16th DistrictSenate Bill No. 2:37. A Bill to provide tor the
selection of the Official Organ tor the publication ot legal advertisements in counties having a population or not less than 32 681 and not more ~nan 32,710 according to the 1930 census;and tor other purposes.

By senator Chappell or the 13th DistrictSenate Bill No. 238. A Bill to increase the
mileage of the Stat& Aid Road System by adding a highway from Americus to Buena Vista,Georgia;and tor other purposes.

By Senator Crawford ot the 42nd District-

lieSveenawte.

Resolution H. Tallent

No. 107. on bond.

A Resolution tore-

The following bills or the House,tavorably reported by Committees,were read the second t~e:

By Messrs. Moye and Bleaae or BrooksHouse Bill No. 47. A Bill prohibiting the ~por
tation iuto Georgia,or bringing across the Georgia line into Georgia from any other state,swtne ot any kind unless the same shall have been inoculated tor swine plague;and tor other purposes.

By Messrs. Almand of Walton,Jackson ot Blackley and Johnston ot Seminole-
House Bill No. 134. A Bill making it unlawful to sell planting seed different in variety tram that as advertised;and tor other purposes.

By Mr. Pound ot HancockHouse Bill No. 149. A Bill amending the General
Tax Act relating to the relief or registered female voters;and tor other purposess

FRIDAY, MARCH 15, 1935.

1441

By Hr. Douglass ot TalbotHouse Bill No. 174. A Bill authorizing the County
Commissioners to supplement the compensation ot the Sheriff in certain counties;and tor other purposes. By I1r. Harris ot Richmond-
House Bill No. 181. A Bill amending the Section ot the Code ot 1933 relating to the examinatibn of banks;and for other purposes. By Messrs. Arnall and Dyer ot Coweta,and others-
House Bill No. 204. A Bill providing tor the sterilization of selected persons from inmates ot State Institutions;and tor other purposes. By Messrs. Evans and Coleman or Lowndes-
House Bill No. 209. A Bill amending the Constitution of the State ot Georgia so as to authorize the governing or fiscal authorities;and tor other purposes. By Mr. Zellner of Monroe- .
House Bill No. 217. A Bill to repeal Code Section 89-704 which required County officers to tile quarterly statement ot tees with the Comptroller-General; and tor other purposes. By Mr. Harris of Richmond-
House Bill No. 289. A Bill requiring banks, trust companies and guaranty companies doing trust business to secure uninvested trust tunds;and tor other purposes. By Messrs, Thompson,Leonard. and Brinson ot Muscogee-
House Bill No. 295. A Bill to authorize officers having charge or county affairs in certain counties to appropriate educational funds to support public 11braries;and tor other purposes. By Mr. Garrett of Carroll-
House Bill No. 340. A Bill to prevent the spread ot hydrophob1a;and tor other purposes.

1442

JouRNAL oF THE SENATE,

By Mr. Douglass of TalbotHouse Bill No. 412. A Bill 8.Il'qnding the Code
Sections relating to the examinations of the credit union by the Superintendents of Banks;and tor other purposes. By Messrs. Mitchell of Talbot and Sutton ot Wilkes-
House Bill No. 439. A Bill amending the Act authorizing the Forrestry Commission to establish State Parks;and tor other purposes. By Messrs~ Lewis of Burke and Townsend ot Dade-
House Bill No. 457. A Bill to provide a method of licensing new charitable agencies tor dependent or defective persons;and tor other purposes. By Messrs. Spivey and Woods ot Emanuel and Claxton of Johnson-
House Bill No. 464. A Bill to amend Title 3, Chapter 3-5,Section 3-505 of Code ot Georgia,l933; and for other purposes. By Messrs. Bennett ot Ware ,Arnall of Coweta and Spivey ot Emanuel,and others-
House Bill No. 491. A Bill to amend an Act entitled "Powers ot Sale in Deeds ot Trust,Mortgages, and other instruments must be strictly construed and fairly exercised"; and tor other purposes. By Messrs. Bennett of Ware,Arnall ot Coweta and Spivey of Emanuel,and others-
House Bill No. 493. A Bill to provide that any ~arson discharged from Milledgeville State Hospital shall after said date be prima facie presumed to be ot sound mind;and for other purposes. By Messrs. Preston or Walton and Dobbins ot Morgan-
House Bill No. 508. A Bill to authorize agencies ot the Federal Government to purchase lands tor parks in certain counties in Georg1a;and tor other purposes.
By Messrs. Rivers of Lanier and Parker ot ColquittHouse Bill No. 511. A Bill to provide tor a

FRIDAY, MARCH 15, 1935.

1443

school year or seven months duration;and tor other purposes. By Mr. Rivers or Lanier-
Hause Bill No. 512. A Bill to provide tree basal texts to the pup1ls in the public schools or the State;and tor other purposes. By Mr. Culpepper or Echols-
Hause Bill No. 584. A Bill to provide tor an additional Voting Precinct in the Mayday Voting Precinct,same being the 1306th Georgia Militia District in Echols County;and tor other purposes. By l1r. Harris or Richmond-
House Bill No. 632. A Bill to amend the Code or Georgia or 1933 relieving banks or maklng reports when said banks or trust company are not receiving deposits;and tor other purposes. By Mr. Campbell or Newton-
House Bill No. 643. A Bill regulating the construction or busses used tor the transportation or school children;and tor other purposes. By Messrs. Guess,Ansley and Lindsay or DeKalb-
House Bill No. 651. A Bill to enlarge the powers or tax assessors in certain counties;and tor other purposes. By Messrs. Arnall of Coweta and Spivey of Emanuel-
House Bill No. 676. A. Bill to impose and fix a license or One Thousand Dollars on each person collecting rents or fees on copyrighted music;and tor other purposes. By Hr. Peek or Polk-
House Bill No. 747. A Bill to provide tor the issuance or certified copies or birth and death certiticates;and tor other purposes. By Messrs. Bloodworth,Bowden and Freeman or Bibb-
House Bill No. 753. A Bill to be entitled an Act to authorize certain counties in this State to levy

1444

JouRNAL OF THE SENATE,

a special tax tor the support or the paupers or their county in addition to the tax tor this purpose now authorized by law;and for other purposes.

By Mr. Oden oi.' PierceHouse Bill No. 758. A Bill to be entitled an Act
to repeal an Act entitled an Act to allow the qualified voters residing in BlackShear to vote ror the County School SUperintendent;and tor other purposes. By Mr. Herndon o! Hart-
House Bill No. 765. A Bill to be entitled an Act to create the office or Commissioner of Roads and Revenues or Hart County;to define his eligibility, term of of!ice,bond and oath;and tor other purposes.

By Mr. Terrell and Mr. West of HallHouse Bill No. 812. A Bill to be entitled an Act
to repeal an Act to create a Board or Commissioners or Roads and Revenues,in Hall County;and tor other purposes.

By Messrs. Terrell and West or HallHouse Bill No. 813. A Bill to be entitled an Act
to create a Board or Commissioners or Roads and Revenues, to name the persons who shall compose this Board and define their powers and duties or this Board;and for other purposes.

By Mr. Herndon o! Hart-

House Bill No. 830. A B to repeal the Act creating

iallBtooardbeoet nCtiotmlemdisasinonAercst

ot Roads and Revenues for the County of Hart;and

tor other purposes.

By Messrs. Lan1er1.!!~rr1s and Barrett or RichmondHouse Bill No. ~. A Bill to be entitled an Act
to remove liens tor water rent and/or use tram property where water furnished by City Council of Augusta;and tor other purposes.

By Mr. Edwards of Stephens-

'

House Bill No. 850. A Bill to be entitled an Act

FRIDAY, MARCH 15, 1935.

1446

to amend an Act Droviding tor the terms ot the SUpe-

rio tor

r h

Court olding

or th

eStesapmheen;asndCotuonrtyo6

t t

op her

rescr purp

ibe ose

th s.

e

ttme

By Messrs. Stephens and Hogan ot LaurensHouse Bill No. 865. ABill to be entitled an Act
to prevent the curtailment of the school term by the County School Superintendent and the County Boards ot Education in Counties ot a certain population; and tor other purposes.

By Mr. Dobbins ot MorganHouse Bill No. 892. A Bill to be entitled an Act
to create a Board ot Commissioners of Roads and Revenues in and tor the County ot Morgan;and tor other purposes.

The following resolutions of the House,tavorably reported by Cammittees,were read the second time:

By Mr. R1vera of Lanier-



House Resolution No. 124-605c. A Resolution re-

quiring teachers in the public schools of this State

to take an oath ot allegiance to the Government of

this State and of the United States;and tor other

purposes.

By Messrs. Lindsay,(}uess and Ansley of DeKalbHouse Resolution No. 81-43oa. A Resolution to
amend the Constitution of this State so the governing authorities of DeKalb County shall have authority to establiSh systems ot tire prevention;and tor other purposes.

By Mr. Lindsay or DeKalbHouse Resolution No. 198-898a. A Resolution tor
the release or Frank L. Jones,surety;and. tor other purposes.

By unanimous consent the following bill ot. the House was read 1st time and ret.erred to Committee on
Finance:

1446

JouRNAL OF THE SENATE,

By Mr. Spi_vey o:r EmanuelHouSe Bill No. 561. A Bill to be entitled an Act
to annually,in addition to Ad Valorem Tax,levy and collect a tax :tor support o:r the State Government; and for other purposes.
The following bills and resolutions .o:r the Senate were read and taken up :tor the purpose of passage: By Senator Edenfield o:r the 4th District-
Senate Bill No. 122. A Bill to be entitled an Act to regulate communistic activities in the State of Georgia;and :tor other purposes.
The committee offered the following substitute: A BILL
To be entitled an Act to discourage,regulate and control communistic activities in Georgia by proqibiting the recognition of political parties advocating communism or similar theories;and :tor other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION ONE.
That no political party,executive committee or other organization,whether national,state,county or municipal,shall recognize and/or give a place on the ballot in any primary election or general election in this State to any political party,sect, creed or group which advocates the overthrowby force or violence,or carries on a program o:r sedition or o:r treason against the government,state,or any political subdivision thereo:t,by radio,speech or press.
SECTION TWO. No newly organized political party Shall be permitted to have its candidates on the ballots in any primary election or other election in this State until it has tiled an affidavit by its duly ~thor ized officers,with the executive committee 1n charge of such election,showing under oath that i~

FRIDAY, MARCH 15, 1935.

1447

.
does not advocate or encourage the overthrow by force or violence of any local,state,or national government,and also that it is not affiliated in any way with any political party or organization advocating or encouraging by radio,speech,or press, the overthrow by force or violence of any unit of government,either local,state or national.

SECTION THREE.
All laws and parts of laws in conflict herewith are hereby repealed.

The committee substitute was adopted.

The report of the comm1ttee,which was favorable to the passage of the bill,by substitute,was agreed to.

On were

2th8e,napyasssaog.e

or

the

bill,by

substitute,the

ayes

The bill~by substitute,having received the requisite Constitutional majority,was passed.

By the Committee on Halls and RoomsSenate Resoluti~n No. 106. A Resolution providing
that the Clerk ot the House,the Secretary of the Senate shall have custody of the properties and office rooms attached to each house between the adjournment of one session and the convening of the following session;and for other purposes.

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

29O,nnaythsAop. assage or the resolution the ayes were

The resolution having received the requisite Con-

stitutional majority,was passed.



Senator Beasley or the 2nd District asked unanimous consent that further consideration or Senate Bill No. 133 be deterred and consent was granted.

1448

JouRNAL oF THE SENATE,

By Senator Edenfield of the 4th DistrictSenate Bill No. 206. A Bill to be entitled an Act
to award a medal to every officer and enlisted man who served honestly and faithfully on the Mexican Border and in the World war;and for other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

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

By Senators Atkinson of the 1st District,Beasley of the 2nd District and Edenfield of the 4th District-
Senate Bill No. 212. A Bill to prescribe the rights,duties and responsibilities of the Coastal Highway District;and for other purposes.

The report of the committee,which was favorable t.O the passage of the bill..,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

26,

Tne bill having received the requisite Constitutional major1ty,was passed.

By Senator Carrington of the 27th DistrictSenate Bill No. 213. A Bill to be entitled an Act
to amend Title 68 (Motor Vehicles},Chapter 68-5 (Motor Contract Carriers} of the Code of Georgia of 1933 by defining motor carriers;and for other purposes.

Senator Scott or the 7th District moved the previous question and the motion prevailed.
The main quest.ion was ordered.

The amendment by Senator Lester or the 18th District was adopted.

FRIDAv, MAR~H 15, 1935.

1449

The report of the committee,which was favorable to the passage or the bill,as amended,was agreed to.
On the passage or the bill,as amended,the ayes were 20,nays 17.
The bill as amended,having tailed to receive the requisite Constitutional majority,was lost.
The President resumed the Chair. The following message was received !rom the House, through~. Kingery,the Clerk thereof: Mr. President: The House has agreed to the report or the Conference Committees on the tollow1ng bill or the Senate, to wit: By Senator Skelton or the 30thSenate Bill No. 175. A Bill to be entitled an Act to amend Section 92-8202 or the Code or Georgia or l933,relating to the redemption or real estate at tax sales and purchased by counties .by providing tor redemption within two years;and tor other purposes. The House has disagreed to the Senate amendments to the following bill or the House,to wit: By Messrs. Groves or Lincoln,Grayscn ot Chatham, Moore or Clayton and othersHouse Bill No. 144. A Bill to be entitled an Act to be known as the nAlcohol Beverage Control Act n to declare that the State Revenue Commission shail administer and entoree said Aet;to declare their powers and duties;and tor other purposes. The Speaker has appointed as a Conterenee COJmlljttee on the part or the House to conter with a like Conmittee on the part or the Senate to conter en said b1ll,the tollow1ng members or the House, to wit:

1450

JouRNAL oF THE SENATE,

Messrs. Parker of Colquitt, Williams of Cottee,and Grayson of Chatham.

senator Atkinson or the 1st District moved that

the Senate insist upon its amendments to House Bill

No. 144 and that the President appoint a Committee

or Conference on the part or the Senate to conter

with a like Committee or the House on House Bill

Naso.th1e441AalcbohilollitcoBbeeveerangteit

led an Act to Control Actn.

be

known

The motion' prevailed.

The President appointed as a Committee or Confer-

ence under the above motion the following members

ot the Senate to w1t:



Senators Atkinson ot the 1st District, Beasley or the 2nd District,and Johnston ot the 39th District.

Senator Carrington of the 27th District gave notice that &t the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 213.

By Senator Atkinson ot the 1st District,Senator

Beasley of the 2nd District,Senator Lester of the

18th District,Senator Jones ot the 17th District,

Senator Kirkland ot the 49th District,Senator

Dickerson of the 5th District,Senator Edenfield of

the 4th District,Senator Strickland or the 3rd

District-



Senate Bill No. 234. A Bill to be entitled an

Act to establish and define the Okefenokee Trail;

to provide tor the identification thereot;and tor

other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.
naOysn oth.e passage or the bill the ayes were 27,

FRIDAY, MARCH 15, 1935.

i451

The bill having received the requisite Constitu-

tional majority,was passed.



By Senator Chappell ot the 13th DistrictSenate Resolution No. 96.- A Resolution providing
that Highways No. 80 and No. 280 shall hereafter be known as the Crisp Military Highway

The report or the committee,which was favorable to the passage or the Resolution was agreed to.

On the passage or the Resolution the ayes were 31, nays 2.

The resolution having received the requisite Constitutional majority was passed.

Senator Chappell or the 13th District aSked unanimous consent that Senate Resolution No. 96 be immediately transmitted to the House and consent was granted.

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

By l1r. Pound ot Hancock-

House Bill No. 807. A Bill to be entitled an Act

to provide tor the leasing and controlling or the

State's
see~~ot

pcorovpereerdtybyinththeewC. i&tyAo.Rf .RC.haLtteaansoeo;gtoa,Tcreenantees-

a commission to effectuate such purpose and define

its powers and duties;and for other purposes.

The committee offered the !ollpwi~.Jmendment:

By striking !rom Section 3 th~ tollowing:

"Provided,however,no lease to said property tor more than two years shall be ~e except subject _ to the approval or the General Assembly o! Georgia."

The amendment was adopted.

The report of the comm1ttee,which was favorable to the passage or the b1ll,as amended,was agreed to.

1452

JouRNAL OF THE SENATE,

on the passage or the b1ll,as amended,the ayes were 30,nays o. The b1ll,as amended,having received the requisite Constitutional major1ty,was passed. By l1r. Thompson or Mu.scogee-.
House Bill No. 77. A Bill to be entitled an Act to amend Chapter 26-16 ot the Code ot Georgia or 1933,wh1ch defines the orrense or kidnapping,etc.; and tor other purposes.
Senator Kirkland ot the 49th District ottered the following substitute:
A BIU..
To be entitled an Act to define the orrense ot kidnapping tor ransom;to provide the punishment theretor;to repeal the Act approved March 10,1933, fixing the punishment !or the ottense or kidnapping tor ransom;and !or other purposes.
SECTION ONE Be it enacted by the General Assembly ot Georgia that !rom and a!ter the passage or this Act any person who shall seize or carry away,abduct or steal away,or rorcibly,maliciously or fraudulently lead, take,carry,or decoy away to any place other than where any person is seized or carried away,abducted or stolen away,or who shall k1dnap,1mpr1son,pos~ as demanding money,or other thing or value,trom such person,or !or such person,shall be guilty or kidnapping tor ransom- A !allure to release any such person so kidnapped within three (3) days tram the date ot any such kidnapping shall be prima facie evidence that such kidnapping was tor ransom.
SECTION TWO.
Be it further enacted that kidnapping !or ransom, shall be puniShed by death,which said punishment shall be inflicted in the manner now provided by law unless the Jury on the trial or said case shall recommend mercy and i! the Jury only makes the above verdict,then the defendant shall be punished by

FRIDAY, MARCH 15, 1935.

1453

imprisonment tor lite. The Jury may in their discretion fix the punishment at not less than !our (4) years or any number or years to twenty (20) years in the penitentiary tor any reason sufficient to them.
SECTION THREE.
Be it. further enacted that the Act approved March 10, 1933,entitled "An Act to amend Section 26-1603 or the Code or Georgia or 1933 which section fixes the punishment tor the orrense or kidnapping and kidnapping tor ransom to twenty (20) years;to repeal all laws in conflict herewith;and !or other purposes," be and ~1e same are hereby repealed,where in con!liet with the provisions or this Act defining the or:rense or kidnapping tor ransom and fixing the punishment therefor.
SECTION FOUR.
Be it further enacted by the authority aforesaid that any person who shall conspire with another to do any of the things in Section 1 or this Act shall be guilty as a principal and punished as such.
SECTION FIVE.
Be it further enacted by the authority aforesaid that it any person shall knowingly send,or deliver any letter,telegram,or make a~ telephone call to another with the intent or threatening to kidnap any person or any member or his family with the intent to extract any money or any other thing ot value or threaten to ma1m,k111 or murder any such person tor money or other thing or value shall be punished as a principal and sentenced as provided in Section 2 of this Act.
SECTION SIX.
Be it further enacted tha.t all. laws and parts ot laws 1n conflict w1 th this Act be and the same are hereby repealed.
The substitute was adopted. The report or the camm1ttee,which was favorable to the passage or the b1ll,by subst1tute,was agreed to.

14M

JouRNAL oF THE SENATE,

On the passage or the bill,by substitute,the ayes
were 28,nays o.

The bill,by substitute,having received the requisite Constitutional majority,was passed.

By Messrs. Grayson or Chatham,Rivers or Lanier, Lanier or Richmond,Pound o:r Hancock,and many other&-
House Bill No. 91. A Bill to be entitledan Act to propose to the qualified voters or the State of Georgia an amendment to Paragraph l,Article ?,Section l,o:r the Constitution or the State of Georgia, authorizing the levy or a tax by the State o:r Georgia for the payment or old age pensions.

Section 1. Be it enacted by the General Assembly or the State or Georgia and it is hereby enacted by the authority or same that the Constitution or the State of Georgia be amended by adding the following paragraph to follow Paragraph l,Article 7, Section l,the said paragraph to be known as Paragraph 1-A,to wit:

"The General Assembly may levy a tax tor the SUPport or and maintenance or the aged poor or the State,under such restrictions and limitations as it may provide."

Section 2. Be it further enacted by the authority

a:roresa~d,that when said amendment shall be agreed

to by 2/3 (two-thirds} votes o:r the members elected

to each house,1t shall be entered upon the journal

o:r each house,w1th the ayes and nays thereon,and

published in one or more newspapers o:r this State

for two months previous to the time tor 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 Consti-

tution shall have written or printed on their bal-

lots the words "For ratification or amendment to

Poat rathgerapShtalt,eAorfticGleeorg71saepcrtioovnid1ingort

the or

Constitution the levying

of a tax by the State for the payment or old age

FRIDAY, MARCH 15, 1935.

1455

pensions. And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words against ratification of amendment to Paragraph l,Article 7,Section 1 of the . Constitution of the State of Georgia providing for the levying of a tax by the State for the payment of old age pensions";and if a majority or the electors qualified to vate for members of the General Assambly,voting thereof,shall vote for ratification thereof,when the resUlts shall be consolidated as now required by law 1n elections for members of the General Assembly,then said amendment shall become a part of Paragraph l,Article 7 Section l,and the Governor shall make a proclamation thereof as provided by law.
The committee offered the following amendment: So as to add the words "uniform per capita" after
the words "levy a" and before the word "tax in the
first line of the second paragraph of Section one of said Bill,so that said second paragraph when so amended shall read as follows:
"The General Assembly may levy a uniform per capita tax ror.the support or and maintenance of the aged poor of the State,under such restrictions and limitations as it may provide."
Senator Larsen or the 16th District offered the following amendment:
Amend Section 1 by adding a new paragraph thereto Provided that the General Assembly shall not have the power to create any debt on the State by virtue of any old age pension or allotment of money for the support and maintenance of the aged herein provided for.
The President left the Chair and Senator Lester of 18th District presided.
Senator Atkinson of the 1st District moved the previous question and the motion prevailed.

1456

JoURNAL oF THE SENATE,

The main question was ordered.

The committee amendment was adopted.

The amendment by Senator Larsen of the 16th District was adopted.

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

On the passage of the bill as amended,it being aproposed amendment tothe Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon Carrington Chappell Cooper Crawtord Darden Dennis Dickerson Duncan Edenfield

Evans
Gaskins Harden Hart Holt Johnson ot the 31st Jones Kiker Kirkland Lancaster Larsen Lester

McGinty McLeod Milhollin Millican Pope Rawlins Sirimons Skelton Smith Strickland Thomas Wright

Those voting in the negative were Senators:

Johnston. of .the McGehee 39th
The roll eall was ver1!1ed.

The ayes were 37,nays 2.

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

Not voting were: Senators Clarke ot the 44th District;Gary o! the 12th District,Goodw1n o! the 20th

FRIDAY, MARCH 15, 1935.

1457

District,King or the 11th District,McWhorter or the 19th Dis~rict,Rucker or the 50th District,Scott or the 7th District,Turner or the 32nd District and Vaughn ot the 34th District.

Senator Scott or the 7th District assumed the Chair.

Senator Atkinson or the 1st District asked unanimous consent that House Bill No. 91 be ~ediately transmitted to the House and consent was granted.

The following resolution of the Senate was read and adopted:

By Senator Redwine of the 26th DistrictSenate Resolution No. 108. A Resolution request-
ing His Excellency,Hon. Eugene Talmadge,Gove.mor of Georgia,to address the General Assembly on next Wednesday,March 20,1935.

senator Scott or the 7th District asked unanimous consent that further consideration or House Bill No. 640 be deferred and consent was granted.

~he following bills or the Senate were read third time and put upon their passage:
BY Senator Millican or the 35th District-
Senate Bill No. 227. A Bill to be entitled an Act to provide tor the allowance or a discount on the sale and trans!er,in blocks or executions issued tor ad valorem taxes in certain count1es;and tor other purposes.

The report or the committee,which was favorable to _the passage or the bill,was agreed to.

on
nays

oth.e

passage

or

the

bill

the

ayes

were

28,

The bill having received the requisite Constitutional major1ty,was passed.

1458

JoURNAL OF THE SENATE,

By senator Atkinson of the let DistrictSenate Bill No. 233. A Bill to be entitled an Act
to increase the mileage of the State Aid Road Sys-
tem bY the addition of a highway from Hinesville to
Clyde and thence to or near Savannah,Georgia;and tor other purposes.

The report 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 o.

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

By Senator Dickerson of the 5th DistrictSenate Bill No. 222. A Bill to be entitled an Act
to increase the mileage of the State Aid Road System by the addition thereto or a highway known as the Pearson-Ray City Road;and for other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

the
o.

passage

or

the

bill

the

ayes

were

281

The bill having received the reQUisite Conetitutional majority,was passed.

The following bills of the House were read third t~e and put upon their passage:

By Messrs. Almand and Ramsey of FultonHouse Bill No. 772. A Bill to be entitled an Act
to amend an Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General or said circuit as to reduce and fix the salary or the Solicitor-General and the assistant Solic1tor-General;and for other purposes.

FRIDAY, MARCH 15, 1935.

1459

Senator Millican Of the 35th District offered the following amendment:
By adding a new section to be known as Section 2a,reading as follows: .

"Section 2a. This Act shall become errective January 1,1937."

The amendment was adopted.

The report or the committee,which was favorable to the passage or the bill,as amended,was agreed to.

On were

2th7e,napyasssaog.e

or

the

bill,as

amended,the

ayes

The bil Constitut

l,as iona

lammaejnodreid~1yh,awvainsgpraescseeidv.e

d

the

requisite

By Messrs. Ramsey or Fulton,Ansley or DeKalb and Cobb ot Clarke- .
House Bill No. 409. A Bill to be entitled an Act to amend an Act abolishing Juvenile Courts;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

The bill having received the requisite Constitutional major~ty,was passed.

Senate.Bill No. 75 by Senator Millican of the 35th District,a bill regulating and affecting the undertaking business,was taken up tor the purpose or considering the following House amendment thereto:

Mr. Parker or Colquitt offered the following amendment to Senate Bill No. 75:

1460

JouRNAL or THE SENATE,

By striking the word regard in section one and substituting in lieu thereof the word reward.
The senate agreed to the House Amendment to Senate Bill No. 75.
Senator McGehee or the 25th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 2 otclock P.M.
AFTERNOON SESSION The President called the Senate to orderThe Rules Committee t1xed the following order or buslness tor the afternoon session of this date, March 15th: 1. Reports or Standing Committees. 2. Reading House Bills first time tor reference. 3. Passage or uncontested local bills and general bills with local application. 4. General House Bills in the discretion of the President. 5. Second reading of Senate and House Bills favorably reported. Mr. Chappell or the 13th District Chairman or the Conmittee on Public Library, submitted the following report: Mr. President: Your Conm1ttee on Public Library have had under consideration the following Bill and Resolutions ot the House and Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendations: Senate Bill No. 236, do pass. House Resolution No. 189-873a, do pass. House Resolution No. 190-873b, do pass. House Resolution No. 191-873c, do pass.

FRIDAY, MARCH 15, 1935.

1461

House Resolution No. 192-873d, do pass. House Resolution No. 186-862a, do pass.
Respectfully submitted~ Allen Chappellof 13th District, Chairman.
Mr. Beasley of the 2nd D1strict,Cba1rman 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 Bill of the House and have instructed me as Chairman,to report the same back to the Senate with the following reeomnendation:
House Bill No. 736, do pass. Respectfully submitted, Beasley or 2nd District, Chainnan.
Mr. Crawford or the 42nd District,Chairman or the Comm!ttee on Game and Fish,submitted the following report: Mr. President:
Your Committee on Game and.F1sh have had under consideration the following Bills of the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 456, do pass. House B!ll No. 46, do pass.
House Blll No. 69, do pass.
House Blll No. 45, do pass. House Bill No. 107, do pass by substitute,
Respectfully submitted, Crawford ot 42nd District, Chatman.

1462

JouRNAL OF 'THE SENATE,

Mr. Darden o! the 51st District,Chairman o! the Committee on State or Republic,submitted the following report: Mr. President:
Your Committee on State ot Republic have had under consideration the following Bill and Resolutions ot the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 119-588 F, do pass. House Resolution No. 118-588 E, do pass. House Bill No.: 170, do pass.
Respectfully submitted, Darden or 51st District, Chairman.
Mr. Smith or the 24th District Chairman of the Camm1ttee on Hygiene and Sanitation,submitted the following report: Mr. President:
Your Committee on Hygiene and Sanitation have had under consiqeration the following Bill of the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendation: House Bill N9. 655, do not pass.
Respectfully submitted, Smith or 24th District, Chairman.
Mr. Evans or the 29th District,Chairman or the Committee on Banks and Banking submitted the following report: Hr. President:
Your Committee on Banks and Ba:ricing have had under consideration the following Bill of the House and

FRIDAY, MARCH 15, 1935.

1463

have instructed me as Chairman, to report the same back to the Senate with the foll~ing reconmendation:

House Bill No. 298, do pass,as amended.

Respectfully submitted, Randall Evans,Jr. of 29th Distric~ Chairman.

Mr. Cooper of the 22nd 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

Ht hoeusesamanedbhacakvet oi ntsht reu cSteendatme ewaisthCthhaeirmf oanl1ot owirnegp o r t

recommenda.tions:

House Bill No. 855, do pass with referendum

attached. Minority report of Committee filed here-

with,as directed.



House Bill No. 780, do pass.

Respectfully submitted, Cooper of 22nd District, Chairman.

The following bills or the House were read the first time and_re!erred :to Conmittees:

By Mr. Henderson of IrwinHouse Bill No. 128. A Bill to appropriate $2500
for the purpose of erecting a marker on the property owned by the State in Irwin County where Jefferson Davis was captured;and for other purposes.

Committee on Appropriations.

By Mr. Brown of GlynnHouse Bill No. 251. A Bill to amend Section-92-
8301 of the Code or 1933;and tor other purposes. Conm1ttee on Special Judiciary.

1464.

JouRNAL OF THE SENATE,

By Mr. Reagan or HenryHouse Bill No. 257. A Bill to add additional
mileage to the State Aid Road System in Counties or DeKalb and Spaulding;and for other purposes.

Committee on Highways and Public Roads.

By Mr. Smith of Madison and Mrs. Coxon or LongHouse Bill No. 547. A Bill to provide funds for
a memorial to the memory or Dr. Crawford W. Long; and tor other purposes.

Committee on Appropriations.

By Messrs Jackson of Blackley and Gnann of Effing-
ham-
House Bill No. 701. A Bill to regulate wholesale and truck dealers in farm produce;and for other purposes.

Committee on Finance.

By Messrs. Townsend of Dade,Head or Ca.toosa,Swann or Grady and Wilson or MUrray-
House Bill No. 842. A Bill to provide for election or Boards of Education by vote of the people in certai-n countles;and for other purposes.

Committee on Counties and County Matters.

By Messrs. Ramsey,Almand and Hartsfield or FultonHouse Bill No. 867, A Bill to provide Civil
Service tor Fire Departments in certain cities; and for other purposes.

Committee on Municipal Government.

By Messrs. House Bi

lAl nNsole.yt1iG78u,essAanBdilLl inamdseanydinogr

DeKalbthe Charter

or the town or Chamblee;and for other purposes.

Co~ttee on MUnicipal Government.

FRIDAY, MARCH 15, 1935.

1465

By Mr. Fowler of TreutlenHouse Bill No. 886. A Bill reducing the bond of
the Sheriff of Treutlen County from $10,000.00 to $3,ooo.oo;and tor other purposes.

Committee on Counties and County Matters.

By Mr. Lee of PulaskiHouse Bill No. 893. A Bill creating and establish-
ing a Board of Commissioners of Roads and Revenues for the County of Pulaski;and for other purposes.

Committee on Counties and County Matters.

By Mr. Hampton ot FanninHouse Bill No. 898. A Bill to amend,consolidete
and supersede the several Acts incorporating the City of Blue R!dge,Fannin County;and tor other purposes.

Committee on Municipal Government.

By Messrs. House Bi

lHlarNroi. s ~1 0L3~.ierA

and Bil

Bar l to

rett abo

of Richmondlish the City

Court of Richmond County,and to repeal an Act en-

titled an Act to establish a City Court in the

county of Richmond;and for other purposes.

Committee on Counties and County Matters.

By Messrs. Cobb and Joel ot ClarkeHouse Bill No. 904. A Bill to amend an Act pro-
viding a Charter for the City of Athens,and Acts amendatory thereof;so as to provide for the paving of any street or sidewalk in said town;and for other purposes.

Committee on Municipal Government.

By Mr. Benton of JasperHouse Bill No. 911. A Bill to amend an Act cre-
ating a Board of Commissioners of Roads and Revenues for Jasper County;and tor other purposes.

Committee on Counties and County Matters.

1466

JouRNAL OF THE SENATE,

ByH:ro1urs.eB~Bn"itlolnNoot. J9a1s2p. erA- Bill fixing the compensation of the County Treasurer of Jasper County;and tor other purposes.
Commit"teA on Counties and County Matters. By Mr. Benton or Jasper-
House Bill No. 913. A Bill to consolidate the offices of Tax Receiver and Tax Collector ofJasper County and to create the office of County Tax Co~ missioner;and for other purposes.
Committee on Counties and Coun~y Matters. The following resolutions of the House were read the first time and referred to Committees: .BY Messrs. Shedd of Wayne, Wrench of Charlton and Swindle ot BerrienHouse Resolution No. 210. A Resolution requesting the Georgia Public Service Commission to invoke the powers invested in them in the regulation to the Georgia Power Light Company;and -tor other purposes. Committee on Public Utilities. By Messrs. Shedd of Wayne and Caswell of LibertyHouse Resolution No. 197-898b. A Resolution designating State Highway Route No. 38 from Savannah to the Alabama Line as Oglethorpe Highway;and for other purposes. Committee on Highways and Public Roads. The following Bills of the House,ravorably reported by Committees,were read the second time: By Mr. Atwood or McintoshHouse Bill No. 45. A Bill regulating the hunting ot Marsh Hens in Mcintosh County;and tor other purposes. By Mr. Atwood of McintoshHouse Bill No. 46. A Bill amending an Act permit-

FRIDAY, MARCH 15, 1935.

1467

ting the taking or catfish in Mcintosh County;and !or other purposes. By Mr. Willlams of Bacon-
House Bill No. 69. A Bill to per.mlt the residents ot all coun~ies in this State having a population o!.not less than 7,025 and not more than 7,075,to take !ish from the waters of such counties at any time by hook and line only;and !or other purposes. By Messrs. Claxton of Johnson,Rawlins of Ben Hill, Booth of Barrow,and others-
House Bill No. 107. A Bill to provide !or the payment of a license by all persons fishing within the State of Georgia;to prescribe penalties !or the violations of this Act;and !or other purposes. By Mr. Brown of Glynn-
House Bill No. 170. A Bill to provlde for a cammission to advertise Georgia;and for other purposes. By Mr. Allen or Baldwin-
House Bill No. 298. A Bill to amend the Banking Law as codified in Title 13,of the Code of 1933,de!ining
the term "Bank", by excluding therefrom corporations
chartered by the Superior Courts;and for other purposes. By Messrs. Groves or Lincoln and Zellner of Monroe-
House Bill No. 456. A Bill to provide for the use of wire baskets and seines !or fishing in the waters of Lincoln and Monroe Counties;and for other purposes. By Messrs. Douglass of Talbot and Johnson of Upson-
House Bill No. 736. A Bill to amend the NeillTraylor Act so as to include a road in Talbot and Upson Counties;and for other purposes. By Mr. Brown o! Glynn-
House Bill No. 780. A Bill amending an Act to amend the Charter of the City of Brunswick,by providing that the city manager must be a resident of said city !or two years prior to his elect1on;and for other purposes.

1468

JouRNAL oF THE SENATE,

By Mr. Jones ot LumpkinHouse Bill No. 855. A Bill to amend the Act re-
incorporating the City ot Dahlonega,by aboliShing the Mayor and Council and establishing ln lieu thereo a Board ot three Commissioners;and tor other purposes.
The following Resolutions ot the House,tavorably reported by Cammittees,were read the second t~e: By Mr. Gammage ot Terrell-
House Resolution No. 118-588e. A Resolution to relieve J. M. Varner as surety on the bond ot Belle Blair in the Superior Court o:r Terrell County;and tor other purposes. By Mr. Gammage o:r Terrell-
House Resolution No. 119-588t. A Resolution relieving J.M. Varner on bond ot Charlie Blair;and tor other purposes. By Mr. Lindsay o:r DeKalb-
House Resolution No. 186-8628.. A Resolution authorizing State Librarian to loan to Emory University Library,certaln journals;and :ror other purposes. By Messrs. Woods and Spivey ot Emanuel-
House Resolution No. 189-873a. A Resolution authorizing the State Librarian to furnish the County o:r Emanuel certain numbers o:r both the Court o:r Appeals and the SUpreme Court reports,also certain numbers o:r Park's Annotated Code. By Messrs. Leonard and Sartain o:r Walker-
House Resolution No. 190-873b. A Resolution authorizing the State Librarian to turnish the County of Walker certain numbers of both the Court of Appeals and the Supreme Court reports,also certain numbers o:r ParktsAnnotated Code. By Mr. Pound o:r Hancock-
House Resolution No. 191-873c. A Resolution authorizing the State Librarian to furnish the County or Hancock certain numbers ot both the Court ot

FRIDAY, MARCH 15, 1935.

1469

Appeals and The SUpreme Court reports,also certain numbers of Park's Annotated Code.

By Mr. Holland of CbattoogaHouse Resolution No. 192-873d. A Resolution au-
thorizing the State Librarian to furnish the County of Chattooga certain numbers of both the Court of Appeals and the Supreme Court reports,also certain numbers of Park's Annotated Code.

The following Bill of the Senate,favorably reported by Committee,was read the second time.

By Senator Duncan of the 23rd DistrictSenate Bill No. 236. A Bill to provide for the
purchase by the State of Georgla,through the Governor,of a number of copies of the Code or Georgia of 1933 sufficient to furnish one thereof to each of the Civil Officers of the 6tate to whom the Acts of the General Assembly are turnished;and for other purposes.

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

By Messrs. Garrett and Camp of CarrollHouse Resolution No. 27-178a. A Resolution re-
questing the paving or a driveway through the campus of West Georgia College;and for other purposes.

The report or the committee,which was favorable to the passage or the resolution,was agreed to.

On
nays

oth.e

passage

of

the

resolution

the

ayes

were

26,

The resolution having received the requisite Constitutionalmajority,was passed.

By Messrs. Hogg of Schley,Horton and Young or SumterHouse Resolution No. 45-270c. A Resolution adding
mileage to the State Aid Road System in Schley and SUmter counties;and tor other purposes.

1470

JouRNAL o:r THE SENATE,

The report or the committee,which was favorable to the passage or the resolution,was agreed to.
on the passage or the resolution the ayes were 26,nays o.
The resolution having received the requisite Constitutional majority,was passed. By Messrs. Horton and Young or Sumter,and Gammage ot Terrell-
House Resolution No. 46-270a. A Resolution adding mileage to the State Aid Road System in the counties or Sumter and Terrell;and tor other purposes.
The report or the committee,which was favorable to the passage or the resolution,was agreed to.
On the passage or the resolution the ayes were 26,nays o.
The resolution having received the requisite Constitutional majority,was passed. By Messrs. Durden or Dougherty,Parker or Colquitt, and Sabados or Dougherty-
House Resolution No. 57-298d. A Resolution adding mileage to the State Aid Road System in the counties or Dougherty and Colquitt;and tor other purposes.
The report or the committee,Which was ravorable to the passage or the resolution,was agreed to.
On the passage or the resolution the ayes were 26,nays o.
The resolution having received the requisite Constitutional major1ty,was passed. By Messrs. Terrell,Groover and Davis of TrOUP-
House Resolution No. 125-605d. A Resolution to provide that the part or the highway known as the State Route No. l,wh1ch extends rrom the Tennessee

FRIDAY, MARCH 15, 1935.

1471

State Line to the City of Columbus,in Muscogee County shall be known,designated,and maintained as a Military Highway;and tor other purposes.

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

On nays

toh. e

passage

or

the

resolution

the

ayes

were

26,

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

By Messrs. Bloodworth,Freeman,Bowden of Bibb,and Jackson of Bleckley-
House Resolution No. 170-736b. A Resolution designating part of State Route No. 42,part or 87 and part or 27 as the Eugene Talmadge Highway;and for other purposes.

The committee offered the following amendment:

By striking from the last two lines or the enrolled bill.all of the words which follow the word "McRae" and inserting in lieu thereof the words "over State Routes 30,63 and 26 through Alamo, Mt. Vernon,Lyons,Reidsville,Claxton,Pem.broke and thence to Savannah."

So that the last paragraph or said Bill when so amended will read as follows:

"Be it,therefore,Resolved by the House of Representatives or Georgia,the Senate concurring therein, that in memory and in appreciation or the splendid service rendered to the State or Georgia by the Honorable Eugene Talmadge,as Governor,and as the first citizen of Georgia,the Highway hereinafter described by,and the same is hereby designated and is to be known hereafter as the EUGENE TALMADGE HIGHWAY.

That :;;>art of State Route No. 42 beginning in the City or Atlanta,and running thence in a southeasterlY

1472

JouRNAL oF THE SENATE,

direction through McDonough,Georgia to Jackson,

Butts County,Georgia,and thence to Forsyth,Monroe

County,Georgia;that part of State Route No. 19,

beginning at Forsyth,Georgia,and running thence to

Macon,Georgia;that part of State Route No. 87 be-

ginning at Macon,Georgia,and running thence through

Cochran,Bleckley County,Georgia,and thence to East-

man,Georgia;that part of State Route No. 27,begin-

ning at Eastman,Georgia,and running thence to McRae,

Telfair County,Georgia,the home of the Honorable

Eugene Talmadge,and running thence from McRae,over

State Routes 30,63 and-26,through Alamo,Mt. Vernon,

Lyons,Reidsville,Claxton,Pembroke and thence to

Savannah."



The coillmittee amendment was adopted.

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

On ayes

wtheerep2as7s,nagayesoof . the

resolution,as

amended,the

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

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

By Mr. Lewallen of BanksHouse Bill No. 106. A Bill to be entitled an Act
to amend an Act approved August 20,1929,as amended by Act approved March 24,1933,known as the NeillTraylor Highway Bill;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

o.On the passage of the bill the ayes were 26 ' nays

The bill having received the requisite Constitutional major!ty,was passed.

FRIDAY, MARCH 15, 1935.

1473

By Mr. Sabados of DoughertyHouse Bill Ncr. 211. A Bill to be entitled an Act
to increase the mileage of the State Aid Road System by adding a road running by Oakfield and Warwick in Worth County;and for other purposes.

The report cf the committee,which was favorable tv the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

29,

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

By Messrs. Moye and Blease of BrooksHouse Bill No. 228. A Bill to be entitled an Act
tc increase the State Highway mileage by adding a road in Lanier,Lowndes,Brooks and Cook counties; and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

27,

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

By Mr. Smith of Weuster-
House Bill No. 245. A Bill to be entitled an Act to increase the State Aid Road mileage by adding a road from Route 41 at Preston,Georgia,to Route 55 at Weston,Georgia;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

p. assage

of

the

bill

the

ayes

were

26,

The bill having received U1e requisite Constitutional major1ty,was passed.

1474

JouRNAL OF THE SENATE,

By Hr. McBride of MontgomeryHouse Bill No. 281. A Bill to be entitled an Act
to increase the mileage of the State Aid Road System by adding a road through the town of Ailey,Georgia; and for other purposes.

The report of the committee,wbich was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

The bill having received the requisite Constitutional majority,t-as passed.

By Mr. Atwood of McintoshHouse Bill No. 283. A Bill to be entitled an Act
to amend an Act entitled "Highway Mileage" known as the Neill-Traylor Bill,so as to add additional mileage in Mcintosh County to the State Aid Road System;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

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

By Messrs. Hannnock of Randolph,Clements of Calhoun and Gammage of Terrell-
House Bill No. 285. A Bill to be entitled an Act to amend the Highway Mileage Act by adding a road in Randolph and Calhoun Counties;and tor other purposes.

The report of the committee,wh1ch was favorable to the passage ot the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

FRIDAY, MARCH 15, 1935.

1475

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

By Messrs. Welsch and Manning o! CobbHouse Bill No. 334. A Bill to be entitled an Act
to amend the Highway Mileage Act so as to add additional mileage in Cobb County;and !or other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

26,

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

By Messrs. McKelvey and Sammons or GwinnettHouss Bill No. 386. A Bill increasing the mileage
o! the State Aid Road System in Gwtnnett and Forsyth counties;and !or other purposes.

The report or the committee,wnich was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

281

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

By Messrs. Bloodworth,Bowden and Freeman or BibbHouse Bill No. 421. A Bill increasing the mile-
age o! the State Aid Road System in Butts,Monroe and Bibb counties;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to

On nays

oth.e

passage

or

the bill

the

ayes

were

29,

The b~:l having received the requisite Constitutional majority,was passed.

1476

JouRNAL OF THE SENATE,

By Messrs. West and Terrell ot Hall,and Whitmire of Dawson-
House Bill No. 434. A Bill increasing the mileage ot the State Aid Road System in Hall county;and tor other purposes.

The report ot the co.mmittee,which was favorable to the passage ot the bill,was agreed to.

On nays

oth.e

passage

ot 'the

bill

the

ayes

were

28,

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

By Messrs. Peebles and Felton of BartowHouse Bill No. 454. A Bill increasing the mileage
of the State Aid Road System in Bartow County;and .t-or other purposes.

The report ot the committee,which was favorable to the passage ot the bill,was agreed to.

On
nays

toh. e

passage

ot

the

bill

the

ayes

were

26,

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

By Mr. Adams ot FranklinHouse Bill No. 487. A Bill increasing the mileage
ot the State Aid Road system in Franklin county; and tor other purposes.

The report ot the cammittee,which was favorable to the passage ot the bill,was agreed to.

On nays

oth.e

passage

ot

the

bill

the

ayes

were

26,



The bill having received the requisite Constitu-

tional majority,was passed.

FRIDAY, MARCH 15, 1935.

1477

By Messrs. Williams ot Jones,Daughtry ot Wilkinson and Bloodworth or Bibb-
House Bill No. 555. A Bill increasing the mileage ot the State Aid Road System in Jones and Wilkinson counties;an~ tor other purposes.

The report or the committee,which was :favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 27,

nays o.

~

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

By Messrs. Terrel!.tGroover and Davis or TroupHouse Bill No. ::>::>9. A Bill increasing the mile-
age or the State Aid Road System in Heard County; and tor other purposes.

The report or the committee,which was :favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

26,

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

By Messrs. Claxton ot Jobnson,Spivey ot Emanuel, Fowler or Treutlen and others-
House Bill No. 593. A Bill designating Highway Mlleage;and tor other purposes.

The report or _the committee,which was ravorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill

the

ayes

were

27,

The bill having received the requisite Constitut1o~ majority,was passed.

1478

JouRNAL OF THE SENATE,

By Messrs. Brown of Green and Sutton or WilkesHouse Bill No. 597. A Bill increasing the mileage
of the State Aid Road System in Green and Wilkes counties;and for other purposes.

The report of the cammittee,which was. favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

26,

:":1

The bill having received the requisite Constitu-

tional majority,was passed.



By Messrs. Morris of Douglas,Camp of Carroll,Watson of Paulding,and others-
House Bill No. 619. A Bill increasing the mileage ot the State Aid Road System in Douglas,Carroll and Paulding counties;and for other purposes.
The report of the committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

26,

The bill having received the requisite Constitutional majority,was passed. By Mr. Whaley of Talfair-
House Bill No. 644. A Bill increasing the mileage or the State Aid Road Syste.m in Telfair and Dodge counties;and for other purposes.

The report or the committee,whichwas favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

ot

the

bill

the

ayes

were

28,

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

FRIDAY, MARCH 15, 1935.

1479

By Mr. Brisendine or Peach-
House Bill No. 648. A Bill increasing the mileage of the State Aid Road System in Peach and Taylor counties;and !or other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

26,

The bill having received the requisite Consitutio~ a1 majority,was passed.

By Messrs. Zellner of Monroe and Mitchell of LamarHouse Bill No. 664~ A Bill increasing the mile-
age of the State Aid Road System in Monroe,Lamar, Butts and Jackson counties;and !or other purposes~

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

27,

The bill having received the requisite Consti~~ tional majority,wae passed.
By Messrs. Black of Forsyth,Whitmire or Dawson and
Jones of LumpkinHouse Bill No. 668. A Bill to add certain highway
mileage to the Neill-Traylor Highway Act;and !or other purposes.
The report of the comm1ttee,vmich was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed.

By Messrs. Bannister and Tipton of Thomas-

House Bill No. 815. A Bill increasing the mileage

of the State Aid Road System fn Mitchell and Colquitt

count1es;and !or other purposes.



1480

JouRNAL oF THE SENATE,

The report or the committee,which was favorable to the passage or the bill,was agreed to.
on the passage or the bill the ayes were 29, nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs. Caswell or Liberty,Bradley of Tattnall and Warnell or Bryan-
House Bill No. 828. A Bill adding mileage to the State Aid Road System in Bryan,Liberty and Tattnall counties;and for other purposes.
The report or the committee,which was favorable to the passage or the bill,was agreed to. On the passage or the bill the ayes were 29, nays o.
The bill having received the requisite Constitutional majority,was passed.
The following general bills and resolutions or the House,with local application,were read third time and put upon their passage: By Mr. Oden or Pierce-
House Bill No. 185. A Bill to be entitled an Act to increase the State Aid Road System by adding a road from Lane's Bridge to Blackshear by way or Baxley,Surrency and Bristol;and for other purposes.
The committee offered the following substitute for House Bill No. 185:
A BILL
To be entitled an Act to amend an Act entitled aHighway Mileagea as same appears in the Acts or the Georgia Legislature or 1929,pages 260 through 268 and including the map opposite page 268 or said Acts or 1929isaid Acts hereby amended being known as the Tray or-Neill Bill,and map aforesaid

FRIDAY, MARCH 15, 1935.

1481

being designated in said Acts or 1929 as the Traylor-Neill map,so as to add to said map a road !rom Lane's Bridge to Blackshear by way or Baxley,Burrency and Bristol;and tor other purposes.
Section 1. Be it enacted by the General Assembly or the State or Georgia,and it is hereby enacted by authority or the same that that certain Act or the Georgia Legislature known as the Traylor-Neill
BBiillll,taopgpeetahrserinwitthhethAectms aporatthtaechGeedortghiearLeteog1aslsatsuaried
or 1929,pages 260 through 268,together with the map opposite page 268 or said Acts or 1929,be and the same is hereby amended by adding to and placing on said map, as tully and comp:etely as though originally drawn on said map, that certain road trom Lanets Bridge to Blackshear by way or Baxley,Surrency,and Bristol,in the County or Pierce.
Section 2. Be it further enacted that by the addition or said road on said map the placlng or sald road on said map there arises no obligation either express or 1mplied,that the State or Georgia,or the Highway Department or Georgia shall be responsible tor any maintenance on said road nor shall the addition or said road to said map entitle the county or counties in which said road is located to receive its pro rata part or the lt gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board or Georgia by appropriate action as now provided by law and a map Showing said road thereon, be filed with the Secretary or State,as now provided by law.
Section 3. Be it turther enacted that it is the purpose or this Act to give to the State Highway Department ot Georgia the right and authority to legally designate said road !rom Laners Bridge to Blackshear by way or Baxley,SUrrencyLand Bristol,in the County or Pierce ,as a State Aid ttoa.d,and it and when said road is so designated by said State Highway Department or Georgia said road shall not be

1482

JOURNAL OF THE SENATE,

considered a part of the five hundred {500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.
Section 4. Be 1t enacted that all laws and parts of laws 1n conflict herewith are hereby repealed.

The committee substitute was adopted.

The report of the comm1t~ee,which was favorable to the passage of the bill,by substitute,was agreed to.
On the passage ot the bill,by substitute,the ayes
were 2:7,nays o.

s

The bill ite const

11btuyt

r substitu~e,hav1ng 1onal majority,was

eceived passed.

t~e

requi-

By Messrs. McCranie and Ross ot DodgeHouse Bill No. 329. A Bill to be entitled an Act
to increase the State Aid Road mileage by adding mileage in Dodge County;and for other purposes.

The committee offered the following substitute for House Bill No. 329:

A BILL
To be entitled an Act to amend an Act erit1tled "Highway Mileage" as same appears in the Acts of the Georgia Legislature of 1929,pages 260 through and including the map opposite page 268 of said Acts of 1929,said Act hereby amended being known as the Traylor-Neill Bill,and map aforesaid being designated in said Acts of 1929 as the TraylorNeill Map, so as to add to said map a road trom State Highway No. 30 at Milan 1n Dodge County,Georg1a, to State H1 ghway No. 27 at Cha1mcey 1n Dodge County,Georgia;and tor other purposes.

Sect1 on 1. Be 1t enacted by the General Assembly ot the State of Georgia and it 1s hereby enacted by authority of the same that that certain Act or

_FRIDAY, MARCH 15, 1935.

1483

the Georgia Legislature known as the Traylor-Neill Bill,together with the map attached thereto,as said b'll appears in the Acts of the Georgia Legislature of 1929,pages 260 through 268,together with the map opposite page 268 or said Acts or 1929,be and the same is hereby amended by adding to and placing on said map,as fully and completely as though originally drawn on said map, that certain road :rrom State Highway No. 30 at Milan in Dodge County,Georgia,to State Highway No. 27 at Chauncey in Dodge County, Georgia,a distance or approximately six (6) miles.
Section 2. Be it further enacted that,by the addition or said road on said map and the placing or said road on said map there arises no obligation either express or implied,that the State or Georgia, or the Highway Department or Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part or the 1~ gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board or Georgia by appropriate action as now provided by law and a map,showing said road thereon,be filed with the Secretary or State as now provided by law.
Section 3. Be it further enacted that it.ls the purpose of this Act to give to the State Highway Department or Georgia the right and authority to , legally designate said road from State Highway No. 30 at Milan in Dodge County,Georgla,to State Highway No. 27 at Chauncey in Dodge County,Georgla,as a State Aid Roadiand if and when said road is so designated by saia State Highway Department or Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.
Section 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed.

1484

JouRNAL oF THE SENATE,

The committee substitute was adopted. The report or the committee,which was favorable to the passage or the bill,by substitute,was agreed to. on the passage or the bill,by substitute,the ayes were 2:7, nays 0. The bill,by aubstitute,having received the requisite Constitutional majority,was passed. By Mr. Wrench or CharltonHouse Bill No. 418. A Bill to be entitled an Act to increase the State Aid Road Mileage by the addition or a road tram the St. Maryts River at Moniac to the St. Mary's River at st. George;and for other purposes. The committee offered the following amendment: By substituting the following tor House Bill No. 418:
A BILL
To be entitled an Act to amend an Act entitled "Highway Mileage" as same appears in the Acts or the Georgia Legislature o! 1929,pages 260 through 268 and including the map opposite page 268 or said Acts or 1929 said Acts hereby amended being known as the Traylor-Neill Bill,and the map aforesaid being designated in said Acts or 1929 as the TraylorNeill map,so as to add to said map a road !rom the St. Maryts River at Moniac,Georgia,to the St.Maryts River at St. George,Georg1a;also a road !rom St. George to Folkston,Georg1a,all in Charlton County; and ror other purposes.
Section 1. Be 1t enacted by the General Assembly or the State or Georg1a,and it is hereby enacted by authority of the same that that certain Act or the Georgia Legislature known as the Traylor-Neill Bill,. together with the map attached thereto,as said Bill

FRIDAY, MARCH 15, 1935.

1485

appears in the Acts of the Georgia Legislature ot 1929,pages 260 through 268 together with the map opposite page 268 or said Acts or 1929,be and the same is hereby amended by adding to and placing on said map,as tully and completely as though originally drawn on said map, that certain road tram the St.Maryts River at Moniac,Georgia,to the St.Maryts River at St. George,Georgia;also a road tram St. George to Folkston,Georgia,all in Charlton County.
Section 2. Be it further enacted that,by the addition or said road on said map the placing or said road on said map there arises no obligation either express or implied,that the State or Georgia, or the Highway Department or Georgia Shall be responsible ror any maintenance on said road nor shall the addition or said road to said map entitle the county or counties in which said road is located to receive its pro rata part or the lt gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board or Georgia by appropriate action as now provided by law and a map showing said road thereon,be tiled with the Secretary ot State,as now provided by law.
Section 3. Be it further enacted that it is the purpose or this Act to give to the State Highway Department or Georgia the right and authority to legally designate said road rrom the st.Maryrs River at Moniac,Georgia,to the St.Maryrs River at St.Georg~ Geargia;also a road from st. George to Folkston, Georgia,all in Charlton County,as a State Aid Road, and it and when said road is so designated by said State Highway Department or Georgia said road shall not be considered a part or the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said TraylorNeill Bill.
Section 4. Be it enacted that all laws and parts or laws 1n conflict herewith are hereby repealed.
The committee amendment wa~ adopted.

1486

JoURNAL OF THE SENATE,

The report or the committee,which was favorable to the passage of the b1ll,as amended,was agreed to.

On
were

2th7e,npayasssaog.e

or

the

bill,as

amended,the

ayes

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

By Messrs. Edwards and Coleman of LowndesHouse Bill No. 617. A Bill to be entitled an Act
to amend an Act designating the State Highway Mileage, by adding a road in the City of Valdosta,Lowndes County;and tor other purposes.

The committee offered the following amendment:

By substituting the following tor House Bill No. 617:

A BILL

To be entitled an Act to amend an Act entitled

"Highway Mileage as same appears in the Acts or the

Georgia and incl

Legis uding

latu the

re o map

f

o1p9p2o9s1ipteagpeasge260268throorugsha

i

268 d Acts

ot 1929,said Act hereby amended being known as the

Traylor-Neill B1ll,and map aforesaid being designated

1n said Acts or 1929 as the Traylor-Neill Map,so as

to add to said map a road from a point located in

the southern part of the City or Valdosta,Lowndes

County,Georgia,and extending in a southerly direc-

tion over what is known as the Upper Clyattville

and Madison Florida Road crossing the Hornts Ferry

Bridge to the Georgia-Florida Line, a distance or

approximately 14.5 miles;and for other purposes.

Section 1. Be 1t enacted by the General AssemblY of the State of Georgia and it is hereby enacted by authority or the same that that certain Act or the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto,as said Bill appears in the Acts or the Georgia Legislature of 1929,pages 260 through 268 together with the map opposite page 268 or said Acts of 1929,be and the

FRIDAY, MARCH 15, 1935.

1487

same 1s hereby amended by adding to and placing on said map,as tully and completely as though originally drawn on said map, that certain road from a point located in the southern part ot the City ot Valdosta,Lowndes County,Georg1a,and extending in a southerly direction over what is known as the Upper Clyattville and Madison-Florida Road crossing the Hornrs Ferry Bridge to the Georgia-Florida 11ne,a distance or approximately 14.5 miles.
Section 2. Be it turther enacted that by the addition or said road on said map and the placing ot said road on said map there arises no oblibation either express or implied,that the State ot Georgi~ or the Highway Department or Georgia shall be responsible tor any maintenance on said road nor shall the addition or said road to said map entitle the county or counties in which said road is located to receive its pro rata part or the 1 gasoline tax allocated to said county as to said road hereby added on said map.unless and until said road 1s formally designated as a State Aid Road by the State Highway Board ot Georgia by appropriate action as now provided by law and a map,showing said road thereon,be tiled with the Secretary or State as now provided by law~
Section 3. Be it further enacted that it is the purpose ot this Act to give to the State Highway Department ot Georgia the right and author!ty to legally designate said road tram a point located in the southern part or the City ot Valdosta Lowndes County,Georgia,and extending in a southeriy direction over what is known as the Upper Clyattville and Madison-Florida Road crossing the Hornts Ferry Bridge to the Georgia-Florida line,as a State Aid Road;and if and when said road is so designated by said State Highway Board ot Georgia said road shall not be considered a part or the five hundred (500) additional miles allowed in addition to the ~leage shown on said map as provided 1n said Traylor-Neill Bill.
Section 4. Be it enacted that all laws and parts ot laws in conflict herewith are hereby repealed.

1488

JouRNAL or THE SENATE,

The committee amendment was adopted.

The report o! the cammittee,wbich was favorable to the passage o! the bill,as amended,was agreed to.

On the passage o! the bill,as amended,the ayes
were 26,nays o.

The bill,as amended,having received the requisite Constit11ti onal ma.j ority,was passed.

By Mr. Gavin o! ClayHouse Bill No. 629. A Bill to be entitled an.Act
to increase the System o! State Aid. Roads by the addition o! a road !ram State Highway No. 39 at Fort Gaines,to State Highway No. 1 at Blakely;and !or other purposes.

The committee offered the following amendment:

By substituting the following !or House Bill No.

629:

.

A BILL

To be entitled an Act to amend an Act entitled

Htghway Mileage" as same appears in the acts o! the

Georgia Legislature o! 1929,pages 260 through 268

and including the map opposite page 268 o! seid

Acts o! 1929,said Act hereby amended being known as

the Traylor-Neill Bill,and map aforesaid being des-

ignated in said Acts or 1929 as the Traylor-Neill

Map,so as to add to said map a road !ram State

Highway or Route State Highway or

No.39 Route

Nato.F1orat tGBaliankees1yG,eGoerogrigai,ato;

and !or other purposes.

Section 1. Be 1t enacted by the General AssemblY o! the State o! Georgia and it is hereby enacted by authority o! the same that that certain Act o! the Georgia Legislature known as the Traylor-Neill Bill,together with the map attached thereto,as said bill appears in the Acts o! the Georgia Legislature o! 1929,pages 260 through 268,together with the map opposite page 268 o! said Acts o! 1929,be and the

FRIDAY, MARC"H 15, 1935.

1489

same is hereby amended by adding to and placing on said map,as tully and completely as though originally drawn on said map,that certain road tram State Aid Road or Highway No. 39 at Fort Gaines,Clay County,Georgia, to State Aid Road or Highway No. 1 at Blakely,Early County,Georgia.
Section 2. Be it further enacted that,by the addition or said road on said map and the plaCing ot said road on said map there arises no obligation either express or implied,that the State ot Georgia, or the Highway Department ot Georgia shall be responsible tor any maintenance on said road nor shall the addition ot said road to said map entitle the county or counties 1n which said road 1s located to rece1ve 1ts pro rata part ot the li gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board ot Georgia by appropriate action as now provided by law and a map,showing said road thereon,be tiled with the Secre~y or State as now provided by law.
Section 3. Be it further enacted that it 1s the purpose ot this Act to give to the State Highway Department ot Georgia the right and author!ty to legally designate said road tram State Highway or Road No. 39 at Fort Gaines,Clay County,Georgia, to State Road or Highway No. 1 at Blakely,Early County,Georgia,as a State Aid Road;and it and when said road is so designated by said State Highway Department ot Georgia said road shall not be considered a part ot the five hundred {500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.
Section-4. Be 1t enacted that all laws and parts ot laws in conflict herewith are hereby repealed.
The commt ttee amendment was adopted. The report ot the camm1ttee,wh1ch was favorable to the passage or the b1ll,as amended,was agreed to.

1490

JouRNAL or THE SENATE,

.On
were

the passage
26,nays o.

ot

the

bill,as

amended,the

ayes

The bill,as amended,having received the requisite Constitutional major1ty,was passed.

By Messrs. Jones ot Brantley,and Claxton ot CamdenHouse Bill No. 649. A Bill to be entitled an Act
to amend Traylor-Neill Act so as to include a road in Brantley and Camden Counties;and tor other purposes.

The committee ottered the following amendment:

By substituting the tollow1ng ror House Bill No. 649:

A BILL To be entitled an Act to amend an Act entitled "Highway Mileage" as same appears in the Acts ot the Georgia Legislature ot l929,pages 260 through 268 and including the map opposite page 268 ot said Acts ot l929,said Act hereby amended being known as the Traylor-Neill Bill,and map aforesaid being designated in said Acts ot 1929 as the TraylorNeill Map,so as to add to said map a road tram Atkinson on State Route No. 50 running south eight (8) miles in Brantley County,and ten (10) miles in Camden County,to a point one mile north ot Woodbin~ connecting with Coastal Highway No. 25;and tor other purposes.

Section 1. Be it enacted by the General Assembly ot the State ot Georgia and it is hereby enacted by authority ot the same that that certain Actor the Georgia Legislature known as the Traylor-Neill BilL together with the map attached thereto,as said Bill appears in the Acts or the Georgia Legislature or 1929,pages 260 through 268,together with the map opposite page 268 or said Acts or 1929,be and the same is hereby amended by adding to and placing on said map,as tully and completely as though originally drawn on said map, that certain road beginning at Atkinson on State Route 50 and running south

FRIDAY, MARCH 15, 1935.

1491

eight (8) miles in Brantley County, and ten (10) miles in Camden County,to a point one mile north o! Woodbine and connecting with Coastal .Highway No. 25 at such point one mile north o! Woodbine.
Section 2. Be it further enacted that,by the addition of said road on said map and the placing o! said road on said map there arises no obligation either express or 1mplied,that the State of Georgia, or the Highway Department or Georgia shall be responsible tor any maintenance on said road nor shall the addition o! said road to said map entitle the county or counties in which said road is located to receive 1ts pro rata part or the lt gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map,showing said road thereon,be filed with the Secretary of State as now provided by law.
Section 3. Be it further enacted that it is the purpose or this Act to give to the State Highway Department or Georgia the right and authority to legallY designate said road beginning at Atkinson on State Route 50 and running south eight (8) miles in Brantley County,and ten (10) miles in Camden County,to a point one mile north or the town of Woodbine and connecting wlth Coastal-Highway No. 25 at such point one mile north or Woodbine and if and when said road is so designated by said State Highway Department or Georgia said road shall not be considered a part or the five hundred (500) addi- . tional miles allowed in addition to the mileage Bshoilwln. on said map as provided in said Trayl.or-Neill
Section 4. Be it enacted that all laws and parts
. ot laws in cc1~lict herewith are hereby repealed
The committee amendment was adopted. The report of the camm1ttee,which was favorable to the passage or the bill,as amended,was agreed to.

1492

JouRNAL oF THE SENATE,

On
were

2th7e,napyasssaog.e

or

the

bill,as

amended,the

ayes

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

By Mr. McCracken of JeffersonHouse Bill No. 721. A Bill to be entitled an Act
to amend the Highway Mileage Act by adding additional mileage in Jefferson County;and !or other purposes.

The committee offered the following amendment:

By substituting the following !or House Bill No. 721:

A BILL
To be entitled an Act to amend an Act entitled "Highway Mileage" as same appears in the Acts of the Georgia Legislature or 1929 pages 260 through 268 and including the map opposlte page 268 or said Acts of 1929,said Act hereby amended being known as the Traylor-Neill Bill,and map atoresaid being designated in said Acts or 1929 as the Traylor-Neill map, so as to add to said map a road !rom Harts Grove Church on State Route 17 in Jefferson County,Georg1a, to Wrens,Georgia;and !or 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 that certain Act or the Georgia Legislature known as the_Traylor-Ne111 Bill, together with the map attached thereto,as said Bill appears in the Acts or the Georgia Legislature of 1929,pages 260 through 268,together with the map opposite page 268 of said Acts of 1929,be and the same is hereby amended by adding to and placing an said maJ?,as tully and completely as though originally drawn on said map, that certain road !rom a point at Harts Grove Church where said road.tntersects with State Route 17 in Jefferson County,and running 1n an easterly dlrectlon to Wrens,and intersecting with Federal Highway No. 1 at wrens.

FRIDAY, MARCH 15, 1935.

1493

Section 2. Be it rurther enacted that,by the addition or said road on said map the placing or said road on said map there arises no obligation either express or implied,that the State or Georgia, or the Highway Department or Georgia shall be responsible !or any maintenance on said road nor shall the addition or said road to said map entitle the county or counties in which said road is located to
receive its pro rata part or the li gasoline tax
allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board or Georgia by appropriate action as now provided by law and map showing said road thereon, be !~led with the Secretary o:r State,as now provided by law.

Section 3. Be it turther enacted that it is the purpose o:r this Act to give to the State Highway Department or Georgia the right and authority to legally designate said road tram a point at Harts Grove Church where said road intersects with State Route 17 in Jerrerson County,and running in an east... erly direction to wrens,and intersecting with Federal Highway No. 1 at wrens,as a State Aid Roa.d,and it and when said road is so designated by said State Highway Department or Georgia said road shall not be considered a part o:r the five hundred (500) additio~ al miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

Section 4. Be it enacted that all laws and parts or laws in conflict herewith are hereby repealed.

The committee amendment was adopted.

The report or the comm1ttee,which was favorable to. the passag~ or the bill,as amended,was agreed to.
on the passage or the bill,as amended,the ayes
were 27,_nays 0.

The Const

bil itut

ilo, ansa lammeanjodr~1d'&1 hya,wvai.nsgpraescseeidv.e

d

the

requisite

1494

JouRNAL OF THE SENATE,

By Mr. Musgrove o! Clinch,and Mr. Culpepper o! Echols-
House Bill No. 731. A Bill to be entitled an Act to increase the mileage o! the State Aid System ot Roads by the addition or a road in Clinch,Echols and Lanier Counties.

The committee orrered the following amendment:

By substituting the following tor House Bill No. 731:

A BILL To be entitled an Act to amend an Act entitled "Highway Mileage" as same appears in the Act~ or the Georgia Legislature or 1929,pages 260 through 268 and including the map opposite page 268 or said Acts or 1929,said.Act hereby amended being known as the Traylor-Neill Bill,and map aforesaid being designated in said Acts ot 1929 as the TraylorNeill Map,so as to add to said map a road !ram Homerville,Clinch County,Georgia,to Statenville,in Echols County,Georgia, a distance or approximately thirty-two (32} miles,and also a road leading trottl State Route No. 38 in Clinch County,Georgia,to a point on State Route No. 31 in Lanier County Georgia,a distance or approximately eighteen (181 miles; and tor other purposes.

Section 1. Be it enacted by the General Assembly

or the State or Georgia and it is hereby enacted by

authority or the same that that certain Act or the

Georgia Legislature known as the Traylor-Neill Bill,

together with the map attached thereto,as said

Bill appears in the Acts ot the Georgia Legislature

or 1929,p&.ges 260 through 268, together with the map

opposite page 268 or said Acts or 1929,be and the

same is hereby amended by adding to and placing on

said map,as tully and completely as though origi-

nally drawn on said map, that certain road beginning

at in

EHcahmolesrvCiloleu,nCtyli,nGcehorCgoiau,natya1iGsteaonrcgela,otor

statenvilleJ__
approximate~

thirty-two (32) miles,and also a ~oad leading tram

State Route No. 38 in Clinch County,Georgia,to a

FRIDAY, MARCH 15, 1935.

1495

paodinisttaonncSe toafteaRpporuoteximNoa.te3ly1

in Lanier County,Georgia, eighteen (18) miles.

Section 2. Be it further enacted that,by the addition of said road on said map and the placing of said road on said map there arises no obligation either eXPress or 1mplied,that the State of Georgia, or the Highway Department of Georgia shall be responsible tor any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the lt gasoline tax alloca.ted to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board ot Georgia by appropriate action as now provided by law and a map,showing said road thereon,be filed with the Secretary of State as now provided by law.

Section 3. Be it turther enacted that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at Homerville, Clinch County,Georgia,to Statenville,in Echols County,Georgia,and also a road leading from State Route No. 38 in Clinch Co~ty,Georgia,to a point on State Route No. 31 in Lanier County,Georgia,as a State Aid Road;and if and when said road is so designated by said State Highway Department or Georgia said road shall not be considered a part or the tive hundred (500) additional miles allowed in addition to th~ mileage shown on said map as provided in said Traylor-Neill Bill.

Section 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed.

The committee amendment was adopted.

The report ot the commlttee,whlch was favorable to the passage of the bill,as amended,was agreed to.

On were

2th6e,napyasssaog.e

or

the

b1ll,as

amended,the

ayes

1496

JouRNAL oF THE SENATE,

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

By Messrs. Gilbert and Scruggs o:r WashingtonHouse Bill No. 744. A Bill to be entitled an Act
to add to the State System o:r State Aid Roads a road leading :rrom the City o:r Tennille,Georgia,to State Highway or Route No. 24 in the County o:r Washington;and :ror other purposes.

The Committee o:r:rered the following amendment:

By substituting the following !or House Bill No. 744:

A BILL To be entitled an Act to amend an Act entitled "Highway Mileage" as same appears in the Acts o:r the Georgia Legislature o:r 1929,pages 260 through 268 and including the map opposite page 268 o:r said Acts o:r 1929,said Act hereby amended being known as the Traylor-Neill Bill,and map aforesaid being designated in said Acts o:r 1929 as the Traylor-Neill Map, so as to add to said map a road leading .trom the City o:r Tennille,Georgia,to State Highway or Route No. 24 in the County o:r Washington;and :ror other purposes.

Section 1. Be it enacted by the General Assembly

o:r the State o:r Georgia and it is hereby enacted b,y

authority o:r the same that that certain Act o:r the

Georgia Legislature known as the Traylor-Neill Bil~

together with appears 1n the

thAectms apo:ratthtaechGeedortghiearLeteog1aslsatsuaride

Bill o:r

1o9p2p9o,spiategepsag26e026th8roou:rghsa2id68A1tcotgs

eth ot

er with the map 1929,be and the

same 1s hereby amended by adding to and placing on

said map, as tully and completely as though origi-

nally drawn on said map,that certain road leading

.tram. the monument in the City o:r Tennille,Washing-

ton County,on State Aid Road or Highway No. 15 to

.state Aid Road or Highway No. 24 at the :rarm o:r Dr.

Rogers on said State Aid Road No. 24 in the County

o:r Washington,a distance o:r approximately !our (4J

FRIDAY, MARCH 15, 1935.

1497

miles,which said road shall leave State Route No.

15 at said monument 1n the City of Tennille and in-

tersect with said Route No. 24 at the farm of Dr.

Rogers.



Section 2. Be it further enacted that,by the addition or said road on said map and the placing or said road on said map there arises no obligation either express or 1mplied,that the State or Georgia, or the Highway Department or Georgia shall be responsible tor any maintenance on said road nor shall the addition or said road to said map entitle the county or counties in which said road is located to receive its pro rata part or the 1 gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board or Georgia by appropriate action as now provided by law and a map,showing said road thereon,be tiled with the.Secretary or State as now provided by law.

Section 3. Be it further enacted that it is the purpose ot this Act to give to the State Highway Department or Georgia the right and authority to legally designate said road leading from the City or Tennille,Georgia,to State Highway or Route No. 24 in the County or Washington,as a State Aid Road; and it and when said road is so designated by said State Highway Department or Georgia said road shall not be considered a part or the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

Section 4. Be it enacted that all laws and parts or laws in conflict herewith are hereby repealed.

The committee amendment was adopted.

The report or the camm1ttee,wh1ch was favorable to the passage of the b1ll,as amended,was agreed to.

On were

2th6e,napyasssaog.e

of

the

bill,as

amended,the

ayes.

1498

JouRNAL oF THE SENATE,

The bill,as amended,having received the requisite Constitutional majarity,was passed. By Messrs. Jones of Brantley,Brown of Glynn and Oden of Pierce-
House Bill No. 766. A Bill to be entitled an Act to amend the Traylor-Neill Bill by adding a road in Glynn,Brantley and Pierce Counties;and for other purposes.
The committee offered the following amendment: By substituting the following for House Bill No. 766:
A BILL
To be entitled an Act to amend an Act entitled Highway Mileage as same appears in the Acts or the Georgia Legislature or 1929,pages 260 through 268 and including the map opposite page 268 or said Acts or 1929,said Acts hereby amended being known as the Traylor-Neill Bill,and map aforesaid being designated in- $lid Acts or 1929 as the Traylor-Neill Map, so as to add to said map a road from a point ten (10) miles north or Brunswick on State Route 27, running west in Glynn County eleven (11) miles,and 1n Brantley County twenty (20) miles,and in Pierce County six (6) miles,connecting with State Routes 32 and 38 at Patterson;and !or other purposes.
Section 1. Be 1t enacted by the General Assembly of the State or Georgia,and it is hereby enacted by authority or the same that that certain Act of the Georgia Legislature known as the Traylor-Neill Bill,together with the map attached thereto,as said Bill appears in the Acts or the Georgia Legislature ot 1929,pages 260 through 268,togeth~r with the map opposite page 268 or said Acts of 1929,be artd the same is hereby amended by adding to and placing on said map,as tully and completely as though originally drawn on said map, that certain road from a point ten (10)-miles north or ijrunswick on State Route 27,running west in Glynn County eleven (11) miles,and in Brantley County twenty(20)m1les,and in

FRIDAY, MARCH 15, 1935.

1499

Pierce County six (6) miles,connecting with State Routes 32 and 38 at Patterson,a distance of approximately thirty-seven (37) miles.

Section 2. Be it further enacted that,by the addition or said road on said map the placing of said road on said map there arises no obligation either express or implied,that the State or Georgia,or the Highway Department of Georgia shall be responsible tor any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part or the lt gasoline tax allocated to said county as to said road hereby added on said map,unless and until said road is formally designated as a State Aid Road by the State Highway Board or Georgia by appropriate action as now provided by law and a map showing said road thereon, be filed with the Secretary of State,as now provided by law.

Section 3. Be it further enacted that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road trom a point ten (10) miles north or Brunswick on State Route 27,running west in Glynn County eleven (11) miles,and in Brantley County twenty (20) miles,and in Pierce County six (6) miles,connecting State Routes 32 and 38 at Patterson,as a State Aid Road,and if and when said road is so designated by said State Highway Department or Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

Section 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed.

The committee amendment was. adopted.

The report or the committee,which was ravorable to the passage or the bill,as amended,was agreed to.

On were

2th6e,npayasssaog.e

or

the

bill,as

amended,the

ayes

1500

JouRNAL oF THE SENATE,

The bill,as amended,having received the requisite Constitutional majority,was passed. By Mr, Teasley of Cherokee-
House Bill No. 805. A Bill to be entitled an Act to amend Traylor-Neill Act so to add a road in Cherokee County;and for other purposes.
The committee offered the following amendment: .ay substituting the following for House Bill No. 805:
A BILL
To be entitled an Act to amend an Act entitlea "Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929,pages 260 through 268 and including the map opposite page 268 of said Acts of 1929,said Act hereby amended being known as the Traylor-Neill Bill,and map aforesaid being designated in said Act~ of 1929 as the Traylor-Neill Map,so as to add to said map a road from Fairmount in Gordon County,Georgia,to State Highway No. 20, near Waleska in Cherokee County, Georgia;and for other purposes.
Section 1. Be it enacted by the General Assembly of the State or Georgia and it is hereby enacted by authority of the same that that certain Act of the Georgia Legislature known as the Traylor-Neill Bill,together with the map attached thereto,as said Bill appears in the Acts of the Georgia Legislature of 1929,pages 260 through 268,together with the map opposi~e page 268 of said Acts of 1929,be and the same is hereby amended by adding to and placing on said map,as fully and completely as though originally drawn on said map, that certain road from State Route No. 53 at Fairmount in Gordon County,Georgia,to State Route No. 20,two miles west ot WaleSka in Cherokee Coun~~lGeorgia,said road to run from said Route 20,througn Sallicoa Valley,and intersect with said Route 20 at a point approximately two miles west or Waleska,a distance of approximately 12.5 miles.

FRIDAY, MARCH 15, 1935.

1501

Section 2. Be it further enacted that,by the ad-

dition or said road on said map and the placing of

said road on said map there arises no obligation ei-

ther express or implied,that the State of Georgia,or

the Highway Department or Georgia shall be respon-

sible tor any maintenance on said road nor shall the

addition ot said road to said map entitle the County

or Counties in Which its pro rata part or

sthaeidlrtoagdasioslinloecatatexdatlolocreacteedive

to said county,as to said road hereby added on said

map,unless and until said road is formally desig-

nated as a State Aid Road by the State Highway Board

ot Georgia by appropriate action as now provided by

law and a map,showing said road thereon,be filed

with the Secretary or State as now provided by law.

Section 3. Be it further enacted that it is the purpose or this Act to give to the State Highway Department ot Georgia the right and authority to legally designate said road tram Fairmount in Gordon County,Georgia,to State Highway No. 20 nearwaleSka in Cherokee County,Georgia,as a State Aid Road;and it and when s~id road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

Section 4. Be it enacted that all laws and parts ot laws in conflict herewith are hereby repealed.

The committee amendment was adopted.

The report ot the comm1ttee,which was favorable to the passage or the bill,as amended,was agreed to.

On were

2th6e,napyasssaog.e

or

the

bill,aa

amended,the

ayes

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

The following report or the Conference Committee on House Bill No. 144 was read:

1502

JouRNAL or THE SENATE,

Mr. Speaker and Mr. President: Your Committee on conference on House Bill No. 144
begs leave to submit the following report: We recommend that the House recede !rom its posi-
tion ot disagreement to Senate Amendment No. l;also Senate Amendment No. 21a1so Senate Amendment No. 3; also Senate Amendment No. 4;also Senate Amendment
mNoe.nt5N;aol.so7;SalesnoatSe eAnmateendAmmenetndNmoe.nt6N;aol.soa.Senate Amend-
We recommend that paragraph one or Senate Amendment No. 9 be amended by striking the words "twentyrive (25) percent" and insert in lieu thereof the words and figures "ti!teen(l5) percent".
We further recommend that the House recede !rom its position o:r disagreement to paragraphs two and three ot.Senate Amendment No.9.
We recommend that the House recede !rom its position o:r disagreement to Senate Amendment No. 10; also Senate Amendment No. ll;also Senate Amendment No. 12.
We recommend that both the House and Senate recede tro.m their positions on Senate Amendment No. 13,and that Section 27 or the Enrolled Act be stricken and a new section substituted theretor to be numbered 27 and to read as follows:
"No wholesale or retail distributor shall operate any place or business,as authorized in this Act,betore Seven (7) o'clock A.H.,nor shall any such place o:r business remain open atter Six (6) otclock PJ1., standard ~tmeiexcept that in G1ties or more than ten thousand \10,000) 1nhab1tants,retailers,by special permission ot the municipal author1t1es,may remain open until Nine (9) otclock P~.;and provided further, that it shall be unlawful :ror any person, firm or corporation,whether retailer,wholesaler, manu:racturer,or distr1butor,to sell or allow the same to be sold,any or the alcoholic beverages

FRIDAY, MARCH 15, 1935.

1503

referred to in this Act upon any Sabbath day;and it shall be unlawful to manufacture or distill any of said beverages upon any Sabbath day".

We recommend that the House recede from its position of disagreement upon Senate Amendment No. 14; also upon Senate Amendment No. 15.

We recommend that the Senate recede from its position of disagreement upon paragraph one of Senate Amendment No. 16;and that the House recede from its position of disagreement upon paragraph 2 of Senate Amendment No. 16.

We recommend that the Senate recede trom its pos~ tion of disagreement on Senate Amendment No. 17.

We recommend that the House recede from its post. tion of disagreement upon Senate Amendment No. 18.

Respectfully submitted. John C. Parker, T.V.Willia.ms, Spence M.Grayson.
On the Part of the House. David S.Atk1nson, J.C.Beasley, Joe E. Johnston.
On the Part of the Senate.
On ~he adoption or the Conference Camm!ttee Re-
port~Senator Atkinson of the 1st District,moved the previous question and the motion prevailed.

The main question was ordered.

1504

JouRNAL OF THE SENATE,

Senator Evans or the 29th District called !or the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those ~oting in the affirmative were Senators:

Atkinson Beasley Cannon Chappell Clark Crawford Darden Dennis

Dickerson Harden Hart Johnston o! the 39th Jones Kirkland Larsen

Lester McGinty McWhorter Milhollin Rawlins Scott Smith Strickland

Those voting in the negative were Senators:

Carrington Cooper Duncan Evans Gary Holt

Johnson or the 31st Kiker McGehee Millican Sinunons

Skelton Thomas Turner
Vaughn
Wright

The roll call was verified.

The ayes were 23,nays 16.

The report was therefore adopted.

Senator Ske~ton of the 30th District gave notice o! his resignation as a member of the Temperance Committee. By Senator Redwine o! the 26th District-
Senate Resolution No. 108. A Resolution request.ing

FRIDAY, MARCH 15, 1935.

1505

Governor Talmadge to addreses the General Assembly on next Wednesday,was taken up for the purpose of considering the following amendment or the House thereto:
Mr. Lanier of Richmond offered the following amendment:
Amend Senate Resolution No. 108 so that it will read Monday as soon as practicable,in order that both branches will have sufficient time to study and draft into law such measures as may be forthcoming.

The Senate disagreed to the House amendment to Senate Resolution No. 108.

The following message was received tram the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House recedes from its amendment to Senate
Resolution No. 108. A Resolution requesting His Excellency;Hon. Eugene Talmadge,Governor or Georgia, to address the General Assembly on next Wednesday March 20, 1935.

The following privileged resolutions were read

.and adopted:

.

By Senator Atkinson or the 1st District and Senator Edenfield or the 4th District-
A Resolution extending the privileges or the floor to Hon. Walter Long ot Camden County.

By Senator Wright ot the 38th District-

floAoRr etsoolMutriso.nEe.xste.nAdiunlgt

the and

privileges or the Mrs. Simerville or

Cedartown, Georgia.

1506

JouRNAL oF THE SENATE,

By senator Lester ot th& 18th DistrictA Resolution extending the privileges ot the
floor to the wife and daughter of the Senator from the 37th District,Senator Almon.

By Senator King of the 11th DistrictA Resolution extending the privileges ot the
floor to Mrs. Gary and Mrs. Denn1s,w1fes of the Senators of the 12th and 28th Districts respective-
ly.

By Senator Evans ot the 29th District and Senator Vaughn of the 34th District-
A Resolution extending the privileges of the floor to Hon. Luther Still,a former member ot the General Assembly tram Fulton County.

By Senator Rawlins of the 45th District-

floAoRr etsoolMutriso.nwe.xste.nMdianngn

the privileges ot ot McRae,Georgia.

the

By Senator Jones ot the 17th DistrictA Resolution extending the privileges ot the
floor to Hon. R. G. Price,Judge of the City Court of Louisville,Georgia.

The following members ot the Senate were granted leaves of absence on account of important business engagements at home:

Senators Gaskins of the 6th District, Lester ot the 18th District,
Chappell or the 13th District,and
Dennis of the 28th District.

FRIDAY, MARCH 15, 1935.

1507

Senator Evans or the 29th District moved that the Senate Adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow morning at 9:00 oclock.

1508

JouRNAl. oF THE SENATE,

Senate Chamber,Atlanta,Georgia. Saturday,March 16,1935.

The Senate met,pursuant to adjournment,at 9:00

otclock A.M. this day and was called to order by

the President.



Prayer was or:rered by the Chaplain.

Senator Millican or the 35th District aSked unanimous consent that the calling or the roll be dispensed with and consent was granted.

Senator Hart o! the 36th District,Chairman or the Committee on Journals,reported that he had examined the Journal or yesterdays session and round it correct.

Senator Hart or the 36th District asked unanimous consent that the reading or the-Journal be dispensed with and consent was granted.

The Journal was confirmed.

Senator McGinty or the 43rd District a~ed unanimous consent that Senate Bill No. 240 be withdraWn !rom the Committee on Counties and County matters, read 2nd time and recommitted to the Committee on Counties and County Matters.

The consent was granted.

Senator McGinty or the 43rd District asked unanimous consent that House Bill No. 658 be withdrawn trom the Committee on Privileges and Elections, read 2nd time and recommdtted to the Committee on Privileges and Elections.

The consent was granted.

Senator Millican of the 35th District asked unanimous consent that Senate Bills No. 242,No. 243,No. 244,No. 245 and No. 246 be withdrawn !rom the

SATURDAY, MARCH 16, 1935.

1509

Committee on Municipal Government,read second time and recommitted to the Committee on Municipal Government.
The consent was granted. Senator Smith of the 24th District asked unanimous consent that House Resolution No. 28 be w1 thdrawn tram the Committee on General Judiciary No. 2 and read second time and recommitted to the Committee on General Judiciary No. 2. The consent was granted. Senator Smith of the 24th District asked unanimous consent that when the Senate adjourned today that it stand adjourned until 10 otclock Monday morning. The consent Wa.s granted. The Rules Committee fixed the tollbwing order ot business tor this date,March 16: 1. Introduction ot new matter under the rules. 2. Reports of standing committees. 3. Second reading or bills favorably reported. 4. Agreeing or disagreeing to House amendments, (this in the discretion or the President). 5. Senate Bill No. 202Senate Bill No. 211 Senate Bill No. 235;Senate Blll No. 236;Senate Bill No. 133.
House Blll No. 217;House Bill No. 220;House Bill No. 350;House Bill No. 466;House Blll No. 494; House Bill No. 742;House Bill No. 47;House Bill No. 18l;House B!ll No. 298,(Thi~ order to be suspended in the discretion of the President).
6. Local bills of uncontested nature,and uncontested general bills with local application,to be called up at the discretion of the President.
Senator Kirkland of the 49th District announced that the Committee on Western & Atlantic Railroad would leave today tor an inspection trip to Chattanooga.

1510

JouRNAL or THE SENATE,

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

By Senator Thomas of the 33rd District and Senator Cannon o! the 40th District-
Senate Bill No. 250. A Bill to be entitled an Act to amend Section 113-902 or Chapter 113-9 or the Code of Georgia of 1933,which provides the manner or distribution or the estate or a wife, where her husband is the sole heir and/or Where such wife leaves surviving her a child or children, by adding at the end or such section a proviso providing tor the distribution or the wife's estate when the husband dies within twelve months after the death or the wite;and !or other purposes.

The following bills and resolutions of the House and Senate were read second time and recommitted:

By I1r. Leonard o! .Muscogee-

House relieve

wRe.cs.olMutaitohnisNaos.

28-178b. surety on

A Resolution bond;and tor

to other

purposes.

Committee on General Judiciary No. 2.

By Senator Millican of the 35th District-

Senate Bill No. 242. A Bill to provide that

tchiotiuessanhda,avcincgordainpgoptuolatthioenlaosr tmuo.res.

than two hundred Census etc.,

shall furnish pensions to all officers and employ-

ees;and tor other purposes.

Committee on Municipal Government.

By Senator Millican or the 35th Districtsenate Bill No. 243. A Bill to amend an Act
approved August 20, 1927 entitled pension laws in cities or one hundred fifty thousand population or more.

Committee on Municipal Government.

SATURDAY, MARCH 16, 1935.

1511

By Senator Millican of the 35th DistrictSenate Bill No.244. A Bill to amend an Act of
1929,which Act of 1929 was an Act to amend an Act approved August 30,1927 the title of said Act being Pension Laws in cities of one hundred fifty thousand population or more.
Committee on Municipal Government. By Senator Millican of the 35th District-
Senate Bill No. 245. A Bill to amend an Act establishing a new Charter for the City of Atlanta, approved February 28th,l874,and the several Acts amendatory thereof.
Committee on Municipal Government. By Senator M1111can of the 35th District-
Senate Bill No. 246. A Bill to amend an Act establishing a new Charter tor the City of Atlanta, approved February 28th,l874 and the several Acts amendatory thereof.
Committee on Municipal Government. By Senator McGinty of the 43rd District-
Senate Bill No. 240. A Bill to be entitled an Act creating a Board of Roads and Revenues of Murray County;and !or other purposes.
Committee on Counties and County Matters. By Messrs. Joel and Cobb of Clarke-
House Bill No. 658. A Bill to require candidates for General Assembly in primary elections in counties of certain population to designate the candidate they oppose;and for other purposes.
Committee on Privileges and Elections. - Mr. Beasley of the 2nd District,Cha1rman of the Committee on Highways,subm1tted the following report:

1512

jOURNAL OF THE SENATE;

Mr. President:

Your Committee on Highways have had under consideration the following Bill of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

senate Bill No. 249, do pass.

Respectfully submitted, Beasley of 2nd District, Chairman.

Mr. Clark of the 44th District,Chairman of the Committee on Counties and County Matters,submitted the following report:

Mr. President:

Your Committee on Counties and County Matters have had under consideration the following Bill of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

Senate Bill_No. 247, do pass.

RespectfullY subm1ttedL Clark of 44th Distric~,
Chairman.

Mr. Lester of the 18th District Chairman of the

Committee on Appropriations,subm1tted the following

report:



Mr. President: -

Your Committee on Appropriations have had under consideration the following Bills and Resolution ot the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SATURDAY, MARCH 16, 1935.

1513

House Bill No. 620, do pass,as amended. House Bill No. 818, do pass. House Bill No. 449, do pass,by substitute. House Resolution No. 3l-197a, do pass.
Respectfully submitted, W.M. Lester o! 18th District, Chairman.
Mr. Rawlins o! the 45th District,Chainnan o! the Committee on Motor Vehicles,submitted the !ollowing report: Mr. President:
Your Committee on Motor Vehicles have had under consideration the !ollowing Bills or the Senate and have instructed me as Chairman, to report the same back to the Senate with the !ollowing reco~ mendations:
senate Bill No. 239, do pass. senate Bill No. 241, do pass.
Respectfully submitted, Rawlins o! 45th District, Chairman.
The !ollowing bill or the House was read third time and put upon its passage: By.Mr. Rawlins or Ben Hill-
House Bill No. 734. A Bill to be entitled an Act amending and revising the charter or the City or Fitzgerald;and !or other purposes.
The committee o!!ered the !ollowing substitute: A BILL
To be entitled an Act amending and revising the charter tor the City or Fitzgerald and entitled:
"An Act to amend an Act to incorporate the City or
Fitzgerald,and establishing a new charter there!or, approved August 22,1907,and the several Acts amendatory thereor;and ror o~her purposes",approved


1514

JouRNAL oF THE SENATE,

August 17,1914,and the several Acts amendatory thereor,and !or other purposes.
SECT I ON ONE. Be it enacted by the General Assembly or the State o! GeorgiaLand it is hereby enacted by autho~ -tty or the sam.e,That,e!!ective as or the 31st day ot December,l935,Sect1on 94 or the existing charter ot the City o! Fitzgerald,as contained in the Act approved August 17,1914,and all Acts amendatory thereo!,be,and it is hereby,amended by striking in. its entirety Section 94 or said Act,as amended,and substituting in lieu thereof a new section to be numbered and designated as Section 94,and to read as follows: .section 94. Be it further enacted by the authority a!oresaid,that the territory included within the corporate limits or the City o! Fitzgerald shall be,and is hereby,continued as an independent school district,and that,e!fective as or and !rom and a!ter the 1st day o! January 1936,there shall be a Board ot Education !or said 6ity o! Fitzgerald,consisting ot a chairman and six members,the Chairman and two members to be elected !rom the City at large and tour members to be elected from the wards o! said City,one to be elected from the wards or said City, one to be elected !rom each ward,who shall have the power and authority now vested,or which may hereafter be vested,in the Board of Education of said City,and who shall be elected and hold office as hereinafter provided,all or the members,including the Chairman,of said Board or Education to have the same qualifications as are required !or members of the City Council,said Chairman and members or said Board to be elected in the same manner as provided tor the election or aldermen or said City. {a) That at the General Election-to be held in said City on the third Tuesday in December,l935, tor the election or city officers,and at such general elections every four years therea!ter,there shall be elected a chairman or the Board o! Education,one member !ram the City at large,one member

SATURDAY, MARCH 16, 1935.

1515

from the Second Ward and one member from the Fourth Ward,each of wham shall hold office for a term of four years,or until .their successors are elected and qualified,and,at said election to be held on the third Tuesday in December,l935,there shall also be elected one member of said Board from City at large and one member from the First Ward and one member from the Third Ward;each of whom shall hold office for a term of two years,or until their successors are elected and qualified,and,at the general election to be held in the year 1937 for the election of city officials,and at such general elections every four years thereafter;there shall be elected one member of the Board of Education from the City at large and one member from the First Ward and one member from the Third Ward, each of whom shall hold office for a term of rour years,or until their successors are elected and qualified.
(b) In the event any vacancy or vacancies,whether arising from death,resignation or otherwise,occur in the membership of the Board of Education of said City,the Mayor and Council of said City shall elect a successor to fill any such vacancy or vacancies for the remainder of the calendar year in which such vacancy or vacancies occur,and,at the next succeeding general election for members of the City Council after any such vacancy occurs,a successor shall be elected to fill the remainder of the unexpired term;provided,however,that,if any such vacancy occurs subsequent to the 30~h day of November in any year,the successor so elected by the Mayor and Council shall hold office for the remaining portion of the year in which such vacancy occurred,and,in the event the unexpired term in Which such vacancy occurred extends beyond the year during which such vacancy occurred,said successor, so elected,shall also hold such office for the next succeeding year,and at the general election in the next succeeding year a successor shall be elected to fill the remainder of the unexpired term in which the vacancy occurred."
SECTION TWO. Be it further enacted by the authority aforesaid,

1516

JouiNAL OF THE SENATE,

that,i! any Section or portion o! this Act be declared unconstitutional or held invalid,the remaining sections or portions hereof shall not be . affected thereby,but shall be and remain in tull force and effect.
SECT I ON THREE. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be,and the same are hereby repealed. The committee substitute was adopted. The report of the committee,which was favorable to the passage o! the bill,by substitute,was agreed to. The bill,by substitute,having received the requisite Constitutional majority,was passed. The following bills o! the House were read the third time and put upon their passage: By Mr. Herndon of HartHouse Bill No. 765. A Bill to be entitled an Act to create the office o! Commissioner o! Roads and Revenues of Hart County;to define his eligibility, term o! o!fice,bond and oath;and !or other purposes. The report o! the committee,which was favorable to the passage o! the bill,was agreed to.
o.On the p. assage o! the bill the ayes were 27,nays
The bill having received the requisite Constitutional major1ty,was passed. By Mr. Brown o! Glynn-
House Bill No. 780. A Bill to be entitled an Act amending "An Act to amend the charter o! the City o! Brunswick,by providing that the city o! manager must be a resident o! said city !or two years prior to his election;" and ror other purposes.

~ATURDAY, MARCH 16, 1935.

1517

The report or 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 o.
The bill having received the requisite Constitutional majority,was passed.

By Messrs. Terrell and West of HallHouse Bill No. 812. A Bill to be entitled an
Act to repeal an Act to create a Board of Commissioners of Roads and Revenues,in Hall County,as shown by Georgia Laws,l886,page 265,approved December 23,1886,and to repeal all amendments thereto; and tor other purposes.

The report or the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage

or

the

bill

the

ayes

were

28,

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

By Mr. Herndon of HartHouse Bill No. 830. A Bill to be entitled an Act
to repeal the Act creating a Board of Commissioners ot Roads and Revenues for the County ot Hart;and tor other purposes.
The report of the committee,which was favorable to th~ passage ot the bill,was agreed to.

o.On the pass.age or the bill the ayes were 28,nays

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

By Mr. Edwards o! StephensHouse Bill No. 850. A Bill to be ent1tled an Act
to amend an Act providing tor the terms of the

1518

JouRNAL OF THE SENATE,

superior Court of Stephens County,to prescribe the time tor holding the same;and for other purposes.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 28,
nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr. Dobbins of Morgan-
House Bill No. 892. A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Morgan;and for other purposes.
The report 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. Terrell and West of Hall-
House Bill No. 813. A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues,to name the persons who shall compose this Board and define their powers and duties;and for other purposes.
The committee offered the following amendments: By striking all of Section 2 and inserting a new Section 2 as follows: "Section 2. Said Board shall consist of three members and until their successors are elected and qualified shall be composed of Perino Davis,Tam Randolph,P.C. Smith,the present Commissioners. Each member of said Board,including those herein

SATURDAY, MARCH 16, 1935.

1519

named,be!ore entering upon the discharge or their duties shall take and subscribe the following oath: ti do solemnly swear (or a!firm)that I will faithfully discharge the duties of Commissioners of Roads and Revenues in and for the County or Hall and in all matters which require my official action,! will so act as that in my judgment will be most conducive to the welfare and prosperity of the entire county and that I am not the holder of any public funds in the State unaccounted !or."
Further amends House Bill No. 813 by striking all or Section 3 and inserting in lieu thereof a new section three as follows:
"Section 3. A Special election shall be held in said county on the 15th day of May, 1935, for the election of three members of the Board of Commissioners of Roads and Revenues of said County who shall hold office until January- 1,1937. Said election shall be held under the rules and regulations governing elections for members of the General Assembly and governing other special elections. The returns thereof shall be made to the ordinary who shall ascertain and declare the result. The members elected at said special election shall serve until January 1, 1937, and until their successors are elected and qualified. Thereafter the term of office or the members or the Board of Commissioners or Roads and Revenues of said county shall be four years,and three members o~ the Board shall be elected at the general election in 1936 !or a term or tour years,beginning January 1,1937. Elections shall thereafter be held every four years. No person shall be elected a member of said Board who is at the time of his election less than 25 years of agei or good moral character,and experienced and qua i!ied in the transaction of business. Should a vacancy occur the same shall be filled as provided in Section 15 of this Act."
Further amends House Bill No. 813 by striking !rom Section 15 thereof the following language appearing at -the end or said Section: "Until the next term

1520

JouRNAL oF THE SENATE,

of the Superior Court of said county at which there 1s a grand jury when a successor shall be elected to fill the unexpired term of_such person or persons as may have been recalled by the qualified voters of said county",and inserting in lieu thereof the following:

"Until a special election shall be held in said county as other elections areheld,at which a successor shall be elected to fill the unexpired term of any such member. SUch special election shall be held under the same rules and regulations as govern special elections for county officers. The ordinary shall call the same within sixty days from the date of the vacancy;Provided,that if any vacancy occurs within ninety days of a general election,the same shall be filled at the general election and if such vacancy occurs within ninety days of the end of the term the successor appointed by the ordinary shall !ill out the unexpired term."

Further amends House Bill No. 813 by striking all of Section 16 and inserting in lieu thereof the following:

"section 16. All members of said Board of Commi&sioners of Roads and Revenues of said County shall be commissioned by the Governor as other county officers are commissioned."

Further amends House Bill No. 813 by striking all of Section 17.

The committee amendments were adopted.

The report of the comm1ttee,which was favorable to the passage of the b1ll,as amended,was agreed to.

On were

2th7e,napyasssaog.e

of

the

bill,as

amended,the

ayes

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

SATURDAY, MARCH 16, 1935.

1521

The following resolutions ot the House were read the third t~e and put upon their passage-

By Mr. Gammage of Terrell-



House Resolution No. 118-588e. A Resolution to

relieve J. M. Varner as surety on the bond of Belle

Blair in the Superior Court ot Terrell County;and

tor other purposes.

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

On
nays

oth.e

passage

ot

the

resolution

the

ayes

were

28,

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

By Mr. Gammage of TerrellHouse Resolution No. 119-588!. A Resolution re-
lieving J. M. Varner as surety on bond ot Charlie Blair;and tor other purposes.
The report ot the eammittee,which was favorable
to the passage ot the resolution,was agreed to.

On the 27,nays

op. assage

ot

the

resolution

the

ayes

were

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

By Mr. Lindsay of DeKalbHouse Resolution No. 186-862a. A Resolution au-
thorizing the State Librarian to loan to Dnory University Library,certain journalssand tor other purposes.

The report ot the committee,which was favorable to the passage ot the resolut1on,was agreed to.

28O,nnayt~seop. assage or the resolution the ayes were

1522

JouRNAL oF THE SENATE,

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

By Hessrs. Woods and Spivey or EmanuelHouse Resolution No. 189-873a. A Resolution au-
thorizing the State Librarian to fUrnish the County or Emanuel certain numbers or both the Court or Appeals and the Supreme Court reports,also certain numbers or Park's Annotated Code;and tor other purposes.

The report or the cammittee,which was favorable to the passage or the resolution,was agreed to.

On the 29,nays

op. assage

or

the

resolution

the

ayes

were

The resolution having received the requ1site Constitutional majority,was passed.

By Messrs. Leonard and Sartain or WalkerHouse Resolution No. l9o-873b. A Resolution au-
thorizing the State Librarian to furnish the County or Walker certain numbers or both the Court or Appeals and the Supreme Court reports,also certain numbers or Parks Annotated Code;and !or other purposes.

The report or the comm!ttee,which was favorable to the passage or the resolution,was agreed to.

On the 27,nays

op. assage

or

the

resolution

the

ayes

were

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

By Mr. Pound of Hancock-

House Resolution No. 191-873c. A Resolution au-

tohroHriaznicnogckthceerStataintenuLmibbrearsriaonr

to furnish the both the Court

County or Ap-

npuemalbserasndorthPearSkupsreAmnenoCtaotuerdt

reports,also coae.

certain

SATURDAY, MARCH 16, 1935.

1523

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

30O,nnatyhseop. assage of the resolution the ayes were

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

By Mr. Holland of ChattoogaHouse Resolution No. 192-873d. A Resolution au-
thorizing the State Librarian to furnish the County of Chattooga certain numbers of both the Court of Appeals and the Supreme Court reports,also certain ntml.bers of Park s Annotated Code;and for other purposes.

The report of the committee,wnich was favorable to the passage of the resolution,was agreed to.

On
nays

toh. e

passage

of

the

resolution

the

ayes

were

27,

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

By Mr. Lindsay of DeKalbHouse Resolution No. 198-898a. A Resolution for
the release of Frank L. Jones surety;and for other purposes.

The report of the camm1ttee,which was favorable to the passage of the resolution,was agreed to.

On
nays

toh. e

passage

of

the

resolution

the

ayes

were

-~

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

The following bills of the Senate,favorably reported by committees,were read the second time: BY Senator Rawlins of the 45th District-
Senate Bill No. 239. A Bill to amend Section 925712 of the Code ot Georgia of 1933.

1524

JouRNAL oF THE SENATE,

By Senator Carrington of the 27th DistrictSenate Bill No. 241. A Bill to exempt motor ve-
hicles owned by the Federal Bureau of Investigation !rom the paY-ment of the annual license fee;and for other purposes. By Senator Jones of the 17th District-
senate Bill No. 247. A Bill to amend an Act which abolished the offices ofTax Receiver and Tax Collector of Burke County,and created the office of Tax Commissioner,and fix such compensation,and provide for payment of same;and for other purposes. By Senator Stmmons of the 8th District-
Senate Bill No. 249. A Bill to increase the m11&age of the State Aid Road System by the addition of a road in Decatur County;and for other purposes.
Senator McGehee of the 25th District asked unanimous consent that the Senate take a recess subject to the call of the Chair and consent was granted.
Senate Rawlins of the 45th District called the Senate to order.
The following message was received from the House through Mr. Kingery, the Clerk thereof: Hr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions of the House to wit: By Messrs. Groves of Lincoln and Sutton of Wilkes:
House Bill No. 359. A Bill to be entitled an Act to provide tor payment or past due penslons,tuneral expenses and physicians bills ot deceased veterans and widows of veterans;and tor other purposes. By Messrs. Garrett and Camp ot Carroll-
House Bill No. 694. A Bill to require all corpo~ ations in counties or owning lands therein,having a population ot not less than 34,270 and not more

1525

SATURDAY, MARCH 16, 1935.

than 34,275,to return for taxes all real estate owned by such corporation in the respective counties in Which said real estate may be located and !or other purposes.

By Mr. Oden of PierceHouse Bill No. 882. A Bill to increase the mile-
age or the State Aid Road Sys~em by adding a road to be known as the "General David Blackshear Highway"

By Messrs. Heffner or White and Jackson of Haber-

sham:

.

House Bill No. 907. A Bill to increase the mile-

age of the State Aid Road System by adding a road

beginning at Nacoochee post office and running

through the Nacoochee Valley to Route 115;and !or

other purposes.

By Mr. Jackson of HabershamHouse Bill No. 908. To increase the mileage of
the State Aid Road System by adding a road beginning in the city limits of Clarkesville and running in a northerly direction;and !or other purposes.

By Messrs. McGraw and Peters of Meriwether and Culpepper of Fayette-
House Bill No. 914. To increase the mileage of the State Aid Road System by adding a road from Woodbury through Raleigh to Warm Springs;and !or other purposes. By Messrs. Manning and Welsch of Cobb-
House Bill No. 921. To amend an Act establishing a system of public schools !or the town of Acworth; and !or other purposes.

By Mr. Claxton or JohnsonHouse Bill No. 924. To amend the charter of the
town of Kite.

By Messrs. Dav1s.Groover and Terrell or TroupHouse B111 No. 932. To amend an Act creating a
new charter !or the city of West Point.

1526

JouRNAL OF THE SENATE,

By Messrs. Parker and Shirah o:r ColquittHouse Bill No. 937. To amend an Act creating a
board o:r commissioners :ror Colquitt county;and !or other purposes. By Messrs. Mundy and Peek o:r Polk-
House Bill No. 940. To increase the mileage o:r the State Aid Road System by adding a road in Polk County;and !or other purposes. By Messrs. Anderson,Gri!!in and Willingham o:r Floyd-
House Bill No. 944. To provide !or the abolition o:r the right to collect and assess street tax and commutation tax in those cities having a population o:r not less than 21,800 and not more than 21,900;and :ror other purposes. By Mr. Jackson o:r Bleckley-
House Bill No. 946. A Bill to be entitled an Act to increase the mileage o:r the State Aid System o:r Roads by the addition o:r a highway in Baldwin,Wilkinson,Bleckley,and Houston Counties;and :ror other purposes. By Messrs. Hartsfield and Almand o:r Fulton-
House Bill No. 71. A Bill to be entitled an Act to define the crime o:r sedition and to prescribe the punishment there:ror;and :ror other purposes. By Messrs. Shirah and Parker o:r Colquitt-
House Bill No. 938~ A Bill to be entitled an Act to amend an Act entitled an Act to create and establish the City Court o:r Colquitt County;and :ror other purposes. By Mr. Williams o:r Jackson-
House Resolution No. 176-780c. A Resolution :ror the Relief and refund o:r taxes paid by the Northeastern Banking Company o:r Commerce Georgia;and :ror other purposes. By Mr. Settles o:r Butts-
House Bill No. 935. A Bill to be entitled an Act amending an Act,creating a new Charter tor the City o:r Jackson,Butts County,by providing that one person may be elected and hold both the offices o:r Clerk and Treasurer" and the office o:r Tax Receiver and Tax Collector~and :ror other purposes.

SATURDAY, MARCH 16, 1935.

1527

By Messrs. Hartstield,Ramsey and Almand ot FultonHouse Bill No. 906. A Bill to be entitled an Act
to increase the mileage ot the State Aid System ot Roads by the addition ot a highway in Fulton County; and tor other purposes.

By Mr. Brown ot GlynnHouse Bill No. 951. A Bill to be entitled an Act
to amend the State Aid Road System by adding a road in Glynn County;and tor other purposes.

By Mr. Watkins ot OglethorpeHouse Bill No. 916. A Bill to be entitled an Act
to amend an Act entitled an Act to incorporate the City ot Crawtord,to detine its 11mits,to provide tor its government.to provide tor the issuance ot bonds and other improvements;and tor other purpose~

Senator McWhorter ot the 19th District asked unanimous consent that the Senate reconsider its action in passing House Bill No. 813 and the consent was granted.

Senator Rawlins ot the 45th District presiding, made the following announcement and named the following committee:

"The Senate has just been apprised or the sad

death or Mrs. Ed.J .Ragan wite or the distinguished

Representative trom Henry County,and the serious

injury or Representative Ragan.



"The Chair appoints as a committee or escort at the funeral ot Mrs. Ragan and as a special committee representing the State Senate to visit Representative Ragan,the following:

senator W.F.Scott;Senator G.Everett Millican; Senator J.H~ilhollln;Senator Clarence Vaughn;and Senator W.O.Cooper."

Senator Vaughn ot the 34th District moved that the Senate Adjourn.

The mot! on p reva1led.

The Chair announced that the Senate stood adjourned until 10 o'clock Monday morning.

1528

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, March 18, 1935.

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

Prayer was offered by the Chaplain.

Senator McWhorter of the 19th District asked una~ mous consent that the calling of the roll be dispensed with and consent was granted.

The following communication tram Hon.John B. Wilson, Secretary ot State, was read:

To the Honorable Charles D. Redwine, President of the State Senate, State Capitol, Atlanta, Georgia.

Dear Sir:

ot

I

u1 eJoorhgniaB, .

Wilson, secretary do hereby certity t

of ha

St ta

ate ot speci

the State al elec-

tion was held March Senatorial District

14 of

th, th

e1S9t3a5~1einotfhGe eTowrgeian,tcya-mfi-rst

posed ot Jones, Twiggs and Wilkinson Counties{ tor

the purpose ot electing a State Senator to ti 1 the

unexpired tenn ot Honorable George H. Carswell,

deceased,and that the consolidated returns of said

special election,which are of tile in this ottice,

show the following result:

FOR STATE SENATOR 21st SENATORIAL DISTRICT:

Jones County, Twiggs County, Wilkinson County,
Total

W.L. DIXON GEORGE W. DuPREE Votes received Votes received

69

145

107

148

-17-6
352

467
760

MoNDAY, MARCH 18, 1935.

1529

GIVEN under my band and official seal this 16th day of March, 1935.
John B. Wilson Secretary of State. Senator Vaughn of the 34th District, member of the Committee on Journals,reported that he had examined the Journal of the preceding session and found it .correct. Senator Hart of the 36th District asked unanimous consent that the reading of the Journal be dispensed with and consent was granted. The Journal was confirmed. Senator Lester of the 18th District asked unanimous consent that House Bill No.530 be withdrawn from the Committee on General Judiciary No. 1, read 2nd time and re-committed to Committee on General Judiciary No. 1. The consent was granted. Senator Lester of the 18th District asked unanimous consent that House Bill No.532 be withdrawn from the Committee on Education,read 2nd time and re-committed to Committee on Education. The consent was granted. Senator Millican of the 35th District asked unanimous consent that House Bill No.677 be withdrawn tram the Committee on Privileges and ElectionsLread 2nd time and re-committed to the Committee on Yrivileges and Elections. The consent was granted. Senator Lester of the 18th District asked unanious consent that House Bill No. 612 be withdrawn tram the Committee on State of the Republic,read 2nd time and re-committed to the Committee on State of

1530

JouRNAL oF THE SENATE,

the Republic. The consent was granted. Senator Skelton of the 30th District asked unani-
mous consent that House Bill No.451 be withdrawn from the Committee on University of Georgia and its Branches ,read 2nd time and re-committed to the Committee on University of Georgia and its Branches.
There was objection. The Rules Committee fixed the following order of business for this date,March 18th: 1. Introduction of new matter under the rules. 2. Reports of standing committees. 3. Reading House Bills and Resolutions for reference. 4. Local Senate Bills and General Senate Bills with local application. 5. Contested local House Bills. 6. General Senate Bills. 7. Senate Bills with House amendments,for the purposes of agreeing or disagreeing. B. General House Bills in the discretion of the President. The following bills were read 2nd time and recommitted: By Messrs.I.anier,Harris and Barrett of RichmondHouse Bill No.530. A Bill to be entitled an Act t amend Section 95-2112 of Chapter 95-21 of 1933 Code of Georgia,so as to authorize certain counties to sell and/or use surplus certificates of indebtednes of the Highway Department to purchase state adopted school books for elementary grades to be loaned fre of charge; and for other purposes. Committee on General Judiciary No. 1. By Messrs.I.anier,Harris and Barrett of RichmondHouse Bill No. 532. A Bill to be entitled an Act

MoNDAY, MARCH 18, 1935.

1531

to appoint and designate the Board or Education ot Richmond County; and tor other purposes.
Committee on Education. By Messrs.Hartstield,Almand and Ramsey or Fulton-
House Bill No.677. A Bill to amend an Act approved March 23rd,l933,regulating prtmary elections in certain cities;and tor other purposes.
Committee on Privileges and Elections.
'
By Messrs .Mitchell or Taliaferro and Sutton o:r WilkesHouse Bill No.612. A Bill to allow the UnitAd.
States to acquire forest lands'in certain counties; and tor other purposes.
Committee on State ot the Republic. The following message was received tram the House through Mr. Kingery, the Clerk thereof: Mr. President: The House has adopted the Report or the Committee ot Conference on the following bill or the House,to wit: By Messrs.Grayson ot Chatham,Groves ot Lincoln, Moore of Clayton,Bargeron or Burke,and othersHouse Bill No. 144. A Bill to be entitled an Act to be known as the "Alcohol Beverage Control Act," declaring that the State Revenue Commission shall administer and entorce said Act,detining their powers and duties;and tor other purposes. The House has agreed to the Senate amendment ,as amended by the House,to the following Resolution ot the House to wit: . By Mr. Kelley of ElbertHouse Resolution No.202. A Resolution urging Congress to enact legislation to require that marble, granite and natural building stone be used in publia

1532

JouRNAL oF THE SENATE,

building construction;and for other purposes. The following message was received fram the House
through Mr.Kingery,the Clerk thereof: Mr. President:
The House has passed by the requisite Constitu-
tional majority the following Bills and Resolution of the Senate to wit: By Senator Millican of the 35th District-
Senate Bill No.215; by Substitute: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta,approved February 28,1874,and the several Acts amendatory thereof;and for other purposes. By Senator Atkinson of the 1st District-
Senate Bill No.l96,as amended. A Bill to be entitled an Act to alter,revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of Savannah; and for other purposes. By Senator Scott of the 7th District-
Senate Bill No.l55,as amended. A Bill to be entitled an Act to amend Section 1001 of Title 6 or the Georgia Code of 1933 by increasing the time within which the clerk's duty may be perfor.med;and for other purposes. By Senator Rucker of the 50th District-
Senate Bill No.229. A Bill to be entitled an Act to amend an Act approved August 24th,l872,wh1ch changed the name or the Town of Athens to the City or Athens;and ror other purposes. By Senator Scott or the 7th District-
Senate Bill No. 220. A Bill to be entitled an Act to increase the mileage of the State Aid Road System,by the addition thereto of a certain highway lmown as the Pavo-Homerville road;also a highway to be known as the Pavo,Adel road;and for other purposes.

MoNDAY, MARCH 18, 1935.

1533

By Senators Cannon of the 40th,Kiker of the 41st and Turner of the 32nd District-
Senate Bill No.205. A Bill to be entitled an Act to increase the mileage of the State Aid Road System in the Counties or Fannin,Union and Lmnpkin;and for other purposes.

By Senator Milhollin of the 46th DistrictSenate Bill No. 203. A Bill to be entitled an Act
to amend an Act amending and revising the Charter of the City of Fitzgerald,approved August 22nd,l907;and for oth~r purposes.

By Senator Pope of the 15th DistrictSenate Bill No. 201. A Bill to be entitled an Act
to amend an Act entitled Highway Mileage,known as the Neill-Traylor Bill,so as to add to said map a road beginning at a point on the state Route No. 29 in the City of Vidalia and running thence in a northeasterly direction to a point about four miles; and for other purposes.

By Senator Beasley of the 2nd DistrictSenate Bill No. 164. A Bill to be entitled an Act
to provide for the payment to the Clerks and Sheriffs of felony cost in cases where the defendant is convicted in counties of not less than 15,410 and not more than 15,415;and for other purposes.

B,y Senator Thomas of the 33rd DistrictSenate Bill No. 144. A Bill to be entitled an Act
to increase the mileage or the State Aid Road System or Georgia;and for other purposes.

By Senator McLeod of the 9th DistrictSenate Bill No. 127. A Bill to be entitled an Act
to increase the mileage or the State Aid Road System or Georgia;and for other purposes.

By Senator Millican of the 35th District-

Senate Bill No. 98. A Bill to be entitled an Act

to amend an Act establishing a new Charter for the

CofitAy tolar nAtat,laonfta1s9e2c4t,ipoenrt8a6inionrgthtoe

Code or license

the City
fee~;and

1534

JouRNAL OF THE SENATE,

tor other purposes. By Senator Beasley of the 2nd District-
Senate Resolution No. 27. A Resolution authorizing the State Highway Department to purchase and retire bonds of the Cedarhaw School of the par value of $3000 with unexpended funds set apart for the purchase of the State Prison Farm;and for other purposes.
The following message was received tram the House through Mr. Kingery, the clerk thereof: Mr. President:
The House has passed by the requisite Constitutiona.l majority the following Bills and Resolution of the house to wit: By Mr. Claxton of Johnson-
House Bill No. 84. A Bill to be entitled an Act to amend the Code of Georgia to provide that a misnamer shall be curable by amendment where it clearly a:ppears the person arrainged is the person intended by the erroneous name; and for other purposes By Mr. Milam of Spalding-
House Bill No. 155. A Bill to be entitled an Act to regulate hunting in this state;and for other purposes. By Messrs. Arnall and Dyer of Coweta-
House Bill No. 206. A Bill to pe entitled an Act
to appropriate to the department of Forestry and Geological development the sum ot $1000.00 to refurnish Liberty Hall,the home ot Alexander Stephens; and tor other purposes. By Messrs. Townsend ot Dade and Davis ot Troup..
House Bill No. 207. A Bill to be entitled an Act to provide that no evidence procured unlawfully shall be admissable against any person charged with an offense against the laws of this State;and for other purposes.

MoNDAY, MARCH 18, 1935.

'

1535

By Messrs.Bennett or Telfair,and Musgrove

WotarCe1ninocrhri-s

or

Crisp,Rawlins

or

House Bill No. 733. A Bill to be entitled an Act

to provide !or and regulate the sale or :Curs and the

licensing or :Cur dealers; and tor other purposes.

By Messrs.Ramsey,Harts!ield and Almand or FultonHouse Bill No. 838. A Bill to be entitled an Act
to amend an Act approved August 13,1924 establishi~ pensions !or members ot the Fire Department in cities ot 150,000 or more;and tor other purposes.

By Messrs.Rivers o! La.nier,and Daughtry of WilkinsonHouse Bill No. 856. A Bill to be entitled an Act
to provide !or the purchase by the State or Georgia, a sufficient number or copies or the Code or Georgia or 1933;and tor other purposes.

By Messrs.Ansley,Guess and Lindsay or DeKalbHouse Bill No. 896. A Bill to be entitled an Act
to amend an Act providing a new charter !or the Town ot Decatur;to provide tor a modified :Corm or civil service tor certain or its employees and otticers; and tor other purposes.

By Messrs.Hartstield,Ra.msey and Almand at FultonHouse Bill No. 899. A Bill to be entitled an Act
to amend Acts or 1929,page 260 by designating a certain highway in Fulton County a part or the State Highway System;and tor other purposes.

By Mr. Ray o:r ApplingHouse Bill No. 905. A Bill to be entitled an Act to
amend an Act with reference to the salary or the Solicitor or the City Court or BaxleylAppling County, which amends an Act establishing the Yity Court or Baxley;and !or other purposes By Messrs.Brooks and Williams or JackSbn~
House Bill No. 915. A Bill to be entitled an Act approved July 16,1903! establishing the City Court or Je!!erson,in Jackson ~ounty,so as to change teras or said Court;and tor other purposes.

1536

JouRNAL OF THE SENATE,

By Mr. Almand or FultonHouse Bill No. 917. A Bill to be entitled an Act
to amend the Charter of the Town of East Point,and tor other purposes. By Messrs.Harris,Lanier and Barrett of Richmond-
House Bill No. 919. A Bill to be entitled an Act to provide that the Solicitor General of the Augusta Clrcuit shall have power to appoint an Assistant for .the purpose or prosecuting misdemeanor cases;and for . othe:r purposes. By Mr. Morris of Douglas-
House aill No. 920. A Bill to be entitled an Act to aqolish the office of Tax Receiver and Tax Collector of Douglas County;to create the office of Tax Camm1ssioner;to fix his compensation and ter.m of said office; and for other purposes. By Mr. Martin of Jett Davis-
House Bill No. 922. A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector ot Jetf Davis County;to create the office ot Tax Cammissioner;and for other purposes. By Mr. Brown of Glynn. House Bill No. 925. A Bill to be entitled an Act to give the consent of the State of Georgia to acquisition by the United States by purchase of lands on St.Stmons Island for establishment of National Shrine Park in Glynn County; and for other purposes. By Mr. Clements of Wheeler-
House Bill No. 926. A Bill to be entitled an Act to amend an Act entitled Highway Mileage so as to add to said map a road beginning at Towns coqsolidated school on Route No. 27 and running east.a distance of sevenmiles;~d for other purposes. By Messrs.Hartsfield,Ramsey and Almand of Fulton-
House Bill No. 927. A Bill to be entitled an Act creating the City of College Park;and for other purposes.

MoNDAY, MARCH 18, 1935.

1537

By Mr. Benton of JasperHouse Bill No. 930. A Bill to be entitled an Act
to define and restrict the powers of the Board of Camm1ssioners of Jasper County;and for other purposes. By Messrs.Preston and Almand ot Walton-
House Bill No. 931. A Bill to be entitled an Act to increase the mileage of the State Aid Road System by the addition of a road in Walton County; and for other purposes. By Mr. Black of Forsyth-
House Bill No. 933. A Bill to be entitled an Act to repeal an Act abolishing the Board of Commissioners of Roads and Revenue of Forsyth County;and tor other purposes. By Mr. Grayson or Chatham- .
House Bill No. 939. A Bill to be entitled an Act to .authorize and empower the Governor to sell a marsh island in Chatham County;and to execute deed for the same;and forother purposes. By Messrs.Freeman,BowdenLand Bloodworth of Bibb-
House Bill No. 948. A ~ill to be entitled an Act to amend an Act approved August 3rd,l927,creating a new Charter for the City of Macon;and the Act amendatory,so that the Mayor of ~id City shall receive the salary of $3,000.00 per annum;and for other purposes. By Messrs.Terrell and West ot Hall-
House Bill No. 955. A Bill to be entitled an Act to authorize certain cities to police areas owned by them outside their corporate limits; and for other purposes. . By Mr. Jones ot Lumpkin-
House Bill No. 962. A Bill to be entitled an Act to repeal the Act creating a Board or Commissioners
ot Roads and Revenues tor the County or Lumpkin;and tor other purposes.

1538

JouRNAL oF THE SENATE,

By Messrs. Peters and McGraw or Meriwether and Douglass of Talbot-
House Bill No. 963. A Bill to be entitled an Act to amend an Act designating Highway mileage by adding a road in Meriwether and Upson Counties;and for other purposes . By Messrs.Bloodworth,Bowden and Freeman or Bibb-
House Bill No. 967. A Bill to be entitled an Act to amend an Act creating a new Charter ror the City or Macon w1th reference to Board or Tax Assessors; and for other purposes. ByMessrs.Lindsay,Ansley and Guess or DeKalb-
House Resolution No. 21-77a. A Resolution to pay deferred pensions or $1200 for years 1919 to 1924 inclusive to Mrs. Eliza L. Beasley. By Messrs.Ramsey,Hartsrield and Almand or Fulton-
House Bill No. 942. A Bill to be entitled an Act to amend an Act to require the Boards or Jury Cammissioners to place on the jury lists the names or not less than 10,000 upright men to serve as jurors; and for other purposes. By Mr. Black or Forsyth-
House Bill No. 883. A Bill to be entitled an Act to change the name or the "Town or Ctnmning" to the "City or Ctnmning" in Forsyth County,and create a Charter tor the City ot Cummlng;and tor other purposes. By Messrs.Harris,Lanier and Barrett or Richmond-
House Bill No. 966. A Bill to be entitled an Act to amend an Act abolishing Justice Courts,Justice o! Peace and Constable in the City o! Augusta,and establishing a MUnicipal Court;and !or other purposes. By Mr. Moore o! Haralson-
House Bill No. 873. A Bill to be entitled an Act to grant to the City or Tallapoosa authority to establish and maintain public schools in the 11mits or said city by local taxation;and for other purposes.

MoNDAY, MARCH 18, 1935.

1539

Senator Skelton ot the 30th District asked unanimous consent that when the Senate adjourn today that it reconvene at 7:00 o'clock P.M. tor a night session and consent was granted.

The following bills of the Senate were introduced, read the first time and reterred to Comm1ttees:

By Senator Scott ot the 7th District-

.

Senate Bill No. 251. A Bill to regulate the busi-

ness o! general contractors;and tor other purposes.

Committee on Highways and Public Roads.

By Senator Simmons ot the 8th DistrictSenate Bill No. 252. A Bill to amend an Act so as
to abolish the ot!ice ot Tax Receiver and Tax Collector of Decatur County and create in lieu thereof the o!tice ot Tax Cammlssioner;and tor other purposes.

Committee on Counties and County Hatters.

By Senator Johnston ot the 39th DistrictSenate Bill No. 253. A Bill changing the time ot
holding the February Term ot the Superior Court ot Cherokee County; and tor other purposes.

Committee on Special Judiciary.

By Senator Pope o! the 15th DistrictSenate Bill No. 254. A Bill to amend an Act creat-
ing a new charter tor the City of Vidalia,Toambs County;and tor other purposes.

Committee on MUnicipal Government.

By Senator Cannon ot the 40th DistrictSenate Bill No. 255. A Bill to amend Section 45-501
o! the Code ot Georgia of 1933,which provides tor the closed season on fishing in the fresh waters ot this State;and tor other purposes.

Committee on Game and Fish.

1540

JouRNAL oF THE SENATE,

Mr. Vaughn or the 34th District ,Chai:nna.n or the Committee on Special Judiciary,subm1tted the :following report: Mr. President:
Your Committee on Special Judiciary have had under consideration the :following Bill of the House and have instructed me as Cbair.man,to report the same back to the Senate with the :following recommendation:
House Bill No. 771, do pass9as amended. RespectfullY submitted, Vaughn or 34th District, Chainnan.
Mr. M1lhollin or the 46th District,Cbainnan o:r the Committee onAgrlculture. submitted the :following report: Mr. President:
Your Committee on Agriculture have bad under consideration the :following Bill o:r the House and have instructed me as Chairman to report the same back to the Senate with the :roilow1ng recommendation:
House Bill No. 394, do pass. Res~cttully submitted. J.H.Milhollin o:r 46th District, Chain:uan.
Mr. Cooper or the 22nd D1str1ct,Chairman or the Committee on MUnicipal Government.submitted the :following report: Mr. President:
Your Committee on MUnicipal Government have bad under consideration the :following Bills o:r the

MoNDAY, MARCH 18, 1935.

1541

Senate and have instructed me as Chairman, to report the same back to the Senate with the following rec-
ommendations: .
Senate Bill No. 242, do pass. Senate Bill No. 243, do pass. Senate Bill No. 244, do pass. Sena.te Bill No. 245, do pass. Senate Bill No. 246, do pass.
RespectfullY submitted, Cooper of 22nd District, Chairman.
Mr. Beasley of the 2nd District,Chairma.n of the Committee on Highway and Public Roads,submitted the follOWing report: Mr. President:
Your Committee on Highway and Public Roadshave bad under consideration the following Bills an~ Resolution of the House and have instructed me as Chair-
man,to report the same back to the Senate with the
following recommendations: House Bill No. 820, do pass. House Bill No. 819, do pass. House Bill No. 870, do pass. House Bill No. 869, do pass. House Bill No. 257, do pass. House Bill No. 311, do pass. House Bill No. 433, do pass. House Bill No. 782 do pass. House Resolution 167-898B, do pass. Respectfully submitted, Beasley or 2nd District, Chairman.
Mr. Skelton or the 30th District,Chairman or the
Committee on General Judiciary No. l,submitted the following report:

1542

JouRNAL oF THE SENATE,

Mr. President: Your Committee on General Judiciary No. 1 have had
under consideration the following Bill or the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 250, do pass. RespectfullY submitted, Skelton o! 30th District, Chairman.
Mr. Goodwin or the 20th District.,Chairma.n ot 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 o! the House ~d have instructed me as Cbairma.n,to report the same back to the Senate with the following recommendation:
House Bill No. 658, do pass. Respectfully submitted, W.H. Goodwin o! 20th District, Cbainnan.
Mr. Clark or the 44th D1str1ct,Cbairma.n or the Committee on Counties and County Ma.tters,sutmitted tht following report: Mr. President:
Your Committee on Counties and County Matters have bad under consideration the following Bills or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:

MoNDAY, MARCH 18, 1935.

1543

House Bill No. 842, do pass. House Bill No. 911, do pass. House Bill No. 542, do pass. House Bill No. 702, do pass. House Bill No. 541, do pass. House Bill No. 913, do pass. House Bill No. 912, do pass. House Bill No. 554, do pass.
Respectfully submitted, Clark of 44th District, Chairman.
Mr. McWhorter of the 19th District,Vice-Chairman ot the Committee on University of Georgia and its Branches,submitted the following report: Mr. President:
Your Committee on University of Georgia and its Branches have had under consideration the following Bill of the House and have instructed me as ViceChairman,to report the same back to the Senate with the following recommendation:
House Bill No. 451, do not pass. Respectfully submitted, R.B.McWhorter of 19th DisTict~ Vice-Chairman.
The following bills of the House were read the first ttme and referred to Committees: By Messrs.Hartstield and Almand of Fulton-
House Bill No. 71. A Bill defining the crime or sedition and prescribing the punishment therefor; and tor other purposes.
Committee on State of Republic. By Mr. Claxton of Johnson-
House Bill No. 84. A Bill to amend the Code or Georgia to provide that ~ misnomer shall be curable

1544

JouRNAL OF THE SENATE,

by amendment where it clearly appears the person arraigned is the person intended by the erroneous name;and for other purposes.
Connnittee on General Judiciary No. 2. By Mr. Milam of Spalding-
House Bill No. 155. A Bill to regulate hunting in this State;and for other purposes.
Committee on Game and Fish. By Messrs .Arnall and Dyer of Coweta-
House Eill No. 206. A Bill to appropriate to the Department of Forestry and Geological Development the ~ of $l,OOO;and for other purposes.
Committee on Appropriations. By Messrs. Townsend of Dade and Davis of Troup-
House Bill No. 207. A Bill to provide no evidence procured unlawfully shall be admissible against any person charged with an offense against the laws of this State;and for other purposes.
Committee on Special Judiciary. By Messrs.Groves of Lincoln and Sutton of Wilkes-
House Bill No. 359. A Bill tQ provide for payment of past due pensions,funeral expenses of deceased veterans and widows of veterans;and for other purposes.
Committee on Pensions. By Messrs.Garrett and Camp of Carroll-
House Bill No. ~94. A Bill to require all corporations to return for taxes all real estate owned by such corporation in certain counties where said real estate fs located;and for other purposes.
Committee on Public Utilities.

MoNDAY, MARCH 18, 1935.

1545

By Messrs.Bennett of Ware,Dorris of Cr1sp,and othersHouse Bill No. 733. A Bill to regulate the sale of
furs;and for other purposes. Committee on Game and Fish.
By Messrs.Ramsey,Hartsfield and Almand of FultonHouse Bill No. 838. A Bill amending the Act es-
tablishing pensions for the fire department in certain cities;and for other purposes.
Committee on Municipal Government.
By Mr. Rivers of Lanier,and Daughtry of Wilkinson-
House Bill No. 856. A Bill to provide for the purchase of copies of the Code of 1933;and for other purposes.
Committee on Special Judiciary. By Mr. Moore of Haralson-
House Bill No. 873. A Bill to grant to the City of Tallapoosa authority to establish and maintain public schools in said city by local taxation;and for other purposes.
Committee on Education. By Mr. Oden of Pierce-
House Bill No. 882. A Bill to increase the State Aid Road System by the addition of a Highway to be known as the "General David Blackshear Highway" ;and tor other purposes.
Committee on Highways and Public Roads. By M:r. Black of Forsyth-
House Bill No. 883. A,Bill to change the name or the Town of Cumming to the City of Cumming;and tor other purposes.
Committee on Municipal Government.

1546

JouRNAL oF THE SENATE,

By Messrs .Ansley,Guess and Lindsay ot DeKalbHouse Bill No. 896. A Bill to amend an Act pro-
viding a charter for the Town of Decatur;to provide tor a modified form of Civil Service;and for other purposes.
Committee on Municipal Government.
B,y Messrs.Hartsfield,Ramsey and Almand of FultonHouse Bill No.899. A Bill to increase the State
Aid Road System by the addition of a road in Fulton County;and for other vurposes.
Committee on Highways and Public Roads. B,y Mr. Ray ot Appling-
House Bill No.905. A Bill amending the Act establishing the City Court of Baxley;and tor other purposes.
Committee on Municipal Government. By Messrs.Hartsfield,Ramsey and Almand ot Fulton-
House Bill No. 906. A Bill to increase the State Aid Road System by adding an additional road in _Fulton County;and for other purpos~s.
Committee on Highways and Public Roads. By Mr.Heffner ot White ,and Mr.Jackson of Habers~-
House Bill No.907. A Bill to increase the mileage ot the State Aid Road System by the addition of a highway running through Nacoochee Valley;and tor other-purposes.
Committee on Highways and Public Roads. By Mr.Jackson ot Habersham-
House Bill No.ooa. A Bill to increase the mileage of the State Aid Road System by the addition ot a highway running through Habersham County;and for other purposes.
Committee on Highways and Public Roads.

MoNDAY, MARCH 18, 1935.

. '.'

By Messrs .McGraw and Peters of Meriwether,and Cul- '. ... "

pepper of Fayette-

_ ~

House Bill No.914. A Bill to increase the mileage "

of the State Aid Road System by the addition of a ,,

Road from Woodbury to Warm Springs;and for other

purposes.

Committee on Highways and Public Roads.

By Messrs.Brooks and Williams of JacksonHouse Bill No.915. A Bill to change the term of
City Court of Jefferson;and for other purposes.

Committee on Special Judiciary.

By Mr.Watkins of OglethorpeHouse Bill No.916. A Bill to amend an Act incor-
porating the city of Crawtord;and for other purposes.

Committee on MUnicipal Government.

By Mr.Almand of FultonHouse Bill No.917. A.Bill amending the Charter or
the town or East Point;and for other purposes.

Committee on Municipal Government.

By Messrs.Harris,Lanier and Barrett of RichmondHouse Bill No.919. A Bill authorizing the Solicitor
General of the Augusta Circuit to appoint an Assistant;and tor other purposes.

Committee on Special Judiciary.

By Messrs.Manning and Welsch of Cobb-

House Bill No.921. A Bil~ to amend the Act es-

tablishing the system of Public Schools for the town

of Acworth;and for other purposes.



Committee on Education.

By Mr.Martin of Jeff DavisHouse Bill No.922. A Bill to abolish the office of

1548

JouRNAL oF THE SENATE,

Tax Receiver and Tax Collector,and to create the office of Tax Commissioner tor Jett Davis County; and tor other purposes. -
Committee on Counties and County Matters. By Mr.Claxton of Johnson-
House Bill No.924. A Bill to amend the Charter or the Town of Kite;and for other purposes.
Committee on Municipal Government. By Mr.Brown or Glynn-
House Bill No. 925. A Bill to give the consent ot the State to acquisition by the United States by purchases ot land on St.Stmons Island;and tor other purposes.
Committee on State ot Republic. By Mr.Clements of Wheeler-
House Bill No. 926. A Bill to increase the State Highway mileage by an additional road;and tor other purposes.
Committee on Highways and Public Roads. By Messrs.Hartstield,Ramsey and Almand or Fulton-
House Bill No. 927. A Bill to amend the Act creating the City or College Pa.rk;and tor other purposes.
Committee on MUnicipal Government. By Mr.Benton ot Jasper-
House Bill No. 930. A Bill to define the powers and duties or the Board of Commissioners ot Jasper County;and tor other purposes.
Committee on Counties and County Matters. By Messrs.Preston and Almand ot Walton-
House Bill No. 931. A Bill increasing the mileage ot the State Aid Road System by the addition ot a

MoNDAY, MARCH 18, 1935.

1549

road in Walton County; and tor other purposes.

Committee on Highways and Public Roads. By Messrs.Davis,Groover and Terrell ot Troup-
House Bill No. 932. A Bill to amend an Act creating a new Charter tor the City ot West Point;and tor other purposes.

Committee on Municipal Government.

By Mr. Black ot ForsythHouse Bill No. 933. A Bill to repeal an Act abol-
ishing the Board ot Commissioners ot Roads and Revenues ot Forsyth County;and tor other purposes.

Committee on Counties and Cotmty Matters.

By Mr. Settles ot Butts-

House Bill No. 935. A Bill amending An Act creat-

ing a new charter tor the City ot Jackson;and tor

other purposes.



Committee on Municipal Government.

By Messrs.Shirah and Parker ot ColquittHouse Bill No. 937. A Bill to amend an Act creat-
ing a Board ot County Commissioners tor Colquitt County;and tor other purposes.

Committee on Counties and County Matters.

By Messrs .Shirah and Parker ot ColquittHouse Bill No. 938. A Bill to amend an Act creat-
ing and establishing the City Court ot Colquitt County;and tor other purposes.

Committee on Special Judiciary.

By Mr. Grayson ot ChathamHouse Bill No. 939. A Bill to authorize and em-
power the Governor to sell a marsh island in Chatham County; and tor other purposes.
Committee on State or Republic.

1550

JouRNAL or THE SENATE,

By Messrs .Mundy and Peek ot PolkHouse Bill No. 940. A Bill to increase the mileage
ot the State Aid Road System by adding a road in Polk County;and tor other purposes.
Committee on Highways and Public Roads. By Messrs.Ramsey,Hartstield and Almand ot Fulton-
House Bill No. 942. A Bill to amend an Act requiring the Boards ot Jury Commissioners to place on the jury ltsts the names ot not less than 10,000 UPright men to serve as jurors; and tor other purposes.
Committee on Special Judiciary. B,y Messrs.Anderson,Grittin and Willingham ot Floyd-
House Bill No. 944. A Bill to provide tor the abolition ot the right to collect and assess street tax and commutation tax in certain cities;and tor other purposes.
Committee on Special Judiciary. By Mr. Jackson ot Bleckley-
House Bill No. 946. A Bill to increase the mileage ot the State Aid System ot Roads by the addition ot a highway in Baldwin,Wilkinson,Bleckley and Houston Count1es;and tor other purposes.
Committee on Highways and Public Roads. By Messrs.Free.man,Bowden and Bloodworth ot Bibb-
House Bill No. 948. A Bill to amend an Act aPproved August 3, 1927,creating a new charter tor the City ot Macon,and the Act amendatory thereot;and tor other purposes.
Committee on MUnicipal Government. By Mr. Morris ot Douglas-
House Bill No. 920. A Bill to abolish the office ot Tax Receiver and Tax Collector of Douglas County, to create the ottice ot Tax Commissioner;and tor other purposes.
Committee on Counties and County Matters.

MoNDAY, MARCH 18, 1935.

1551

By Mr. Brown of GlynnHouse Bill No. 951. A Bill to amend the State Aid
Road System by adding a road in Glynn County;and for other purposes.

Committee on Highways and Public Roads.

By Messrs.Terrell and West of HallHouse Bill No. 955. A Bill to authorize certain
cities to police areas owned by them outside their corporate limits;and for other purposes.

Committee on Counties and County Matters.

By Mr. Jones of LumpkinHouse Bill No. 962. A Bill to repeal the Act cre-
ating the Board of Commissioners of Roads and Revenues in Lumpkin County;and for other purposes.

Committee on Counties and County Matters.

By Messrs.Peters and McGraw of Meriwether,and Douglass of Talbot-
House Bill No. 963. A Bill increasing the mileage of the State Aid Road System by adding additional roads in Meriwether and Upson Counties;and for other purposes.

Committee on Highways and Public Roads.

By Messrs.Harris,Lanier and Barrett of Richmond-

House Bill No. 966. A Bill amending the Act abol-

ishing the Justice Courts of the City of Augusta;and

for other purposes.



Committee on MUnicipal Government.

By Messrs.Bloodworth,Bowden and Freeman of BibbHouse Bill No. 967. A Bill to amend an Act creat-
ing a new charter for the City of Macon,w1th reference to the Board of Tax Assessors;and tor other purposes.

Committee on MUnicipal Government.

1552

JouRNAL OF THE SENATE,

The following resolutions of the House were read the first time and referred to Committees:

By Mr. Williams of JacksonHouse Resolution No. 176-?SOc. A Resolution for
the relief and refund of taxes paid by the Northeastern Banking Company of Commerce ;and for other purposes.

Committee on Finance.

By Messrs.Lindsay,Ansley and Guess of DeKalb-

House Resolution No. 21-??a. A Resolution to pay

deferred pension of $1200.00 for years inclusive,to Mrs. Eliza L. Beasley;and

1919 to for oth

e1r9241

purposes.

Committee on Pensions.

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

By Senator Jones of the 17th District-

Senate Bill No. 247. A Bill to be entitled an Act

"To amend abolished

an Act approved August 20, the office of Tax Receiver

a1n9d25Tawi hCicohl-

lector of Burke County,Georgia,and created the

office of Tax Commissioner for Burke County,Geargia"i

and for other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the bill,was agreed to.

o.On the passage of the bill the ayes were 32,nays

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

By Senator Larsen of the 16th DistrictSenate Bill No. ?:.37. A Bill to be entitled an Act
to provide for the selection of the Official Organ for the publication of legal advertisements in counties having a population of no~ less than 32,61S

MoNDAY, MARCH 18, 1935.

1553

and not more than 32,710 according to the census or the United States for 1930;and for other purposes.
The report or the committee,which was rav.orable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 27,nays o.
The bill having received the requisite Constitutional majority,was passed. By Senator S1mmons or the 8th Distr1"ct-
Senate Bill No. 249. A Bill to be entitled an Act to increase the mileage of the State Aid Road System or Public Hignways by the additiQn or a road in Decatur County;and for other purposes.
The report or the connnittee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 28,nays o.
The bill having received the requisite Constitutional majority,was passed.
At this time Hon.George W. DuPree,Senator-Elect of the 21st District was introduced to the Senate by the President after which he was administered the oath o! o!tice by Associate Judge J.Frank Dennis ot the Court ot Appeals or Georgia. By Senator Chappell of the 13th District-
Senate Bill No. 238. A Bill to be entitled an Act to increase the mileage or the State Aid Road System by adding thereto a Highway beginning at Americus,in Sumter County,and extending to Buena Vista JCounty Seat of Marion County;and tor other purposes.
The report or the committee,wh1ch was ravorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed.

1554

JouRNAL oF THE SENATE,

By Senator Millican of the 35th DistrictSenate Bill No. 242. A Bill to be entitled an Act
to provide that Cities having a population of more than two hundred thousand,according to the last census of the United States,sball furnish pensions to all officers and employees;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 28,nays o.

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

By Senator Millican of the 35th DistrictSenate Bill No. 243. A Bill to be entitled an Act
to amend an Act approved August 20,1927,entitled Pension Laws in Cities of one hundred and fifty thousand population or more;and for other purposes.

The report of the Cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 27,nays o.

The bill having received the requisite Constitu- tional majority,was passed.

By Senator Millican of the 35th District-

Senate Bill No. 244. A Bill to be entitled an Act

to amend an Act of 1929,wh1ch Act of 1929 was an Act

to amend said Act

an Act being

approved August 20 Pension Laws in Cit

i1

19 es

27, of

the One

Title to Hundred

and Fifty Thousand population or more;and for other

purposes.

The report of the co.mmittee,which was favorable to the passage of the bill,was agreed to.

on the passage of the bill the ayes were 28,nays O~

The bill having received the requisite Constitutional major1ty,was passed.

MoNDAY, MARCH 18, 1935.

1555

By Senator Millican or the 35th DistrictSenate Bill No. 245. A Bill to be entitled an Act
to amend an Act establishing a new Charter tor the City ot Atlanta,approved February 28,1874,and the several Acts amendatory thereof;and for other purposes.

The report or the camm1ttee,which was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 27,nays o.

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

By Senator Millican or the 35th DistrictSenate Bill No. 246. A Bill to be entitled an Act
to amend an Act establishing a new Charter for the City of Atlanta,approved February 28,1874, and the several Acts amendatory thereof;and for other purposes.

The report or the connnittee,which was favorable to the passage of the bill,was agreed to.
On the passage or the bill the ayes were 28,nays o.

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

By Senator Crawford of the 42nd DistrictSenate Resolution No. 107. A Resolution to relieve
W.H. Tallent on Bond.

The repart or the committee,wh1ch was favorable to the passage or the resolution,was agreed to.

On nays

toh. e

passage

of

the

resolution

the

ayes

were

26,

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

The following contested local bill or the House

1556

JouRNAL or THE SENATE,

was read third time and put upon its passage:

By Mr. Jones of LumpkinHouse Bill No. 855. A Bill to be entitled an Act
to amend the Act re-incorporating the City of Dahlonega, by abolishing the Mayor and Council and establishing in lieu thereof a Board of three Cammissioners;and for other purposes.

the committee offered the following amendment:

By adding thereto a certain new sections,tmmediatelY before the repealing clause,to be numbered as follows:

Section 24. Be it further enacted by the authority aforesaid that there shall be a referendum on said Act,to determine as to whether the provisions of this Act shall be effective,which said referendum shall be held according to the provisions hereinafter made.

Section 25. Be it further enacted by the authority aforesaid that an election shall be called by the Mayor and Council of Dahlonega,which said election shall be advertised in the official county paper or Lumpkin thirty days before said election,which said advertisement shall run at least in four issues of said paper,and said advertisement shall give the date of election,the place of voting,and the hours during which said election shall be held.

Section 26. Be it further enacted that said elec-

tion sha shall be

ll a

t

be th

h e

eld on th expense

ef of

ir th

s e

t TUesday in May,19 City of Dahlonega,

351

shall be held at the usual place of voting in said

city in the elections for Mayor and Council for

Dahlonega;and there shall be used printed ballots

with the following printed thereon: "For ratifica-

tion of law abolishing Mayor and Council of Dah-

lonega." and "Agaii~t ratification of law abolishing

Mayor and Council of Dahlonega." The said ballots

shall be counted and the election shall be deter-

mined by the highest number received,and if there

are more votes for rat1ficat1on,then said bill shall

be of effect, and if there are more against ratif1-

MoNDAY, MARCH 18, 1935.

1557

cation then said bill shall be or no effect.
Section 27. Be it further enacted by the authority aforesaid that no one shall be allowed to vote in said election whose name does not appear upon the last registration list for general election for Mayor and Council in the City or Dahlonega.
Section 28. Be it further enacted by the authority aforesaid that the said election shall be presided over by three freeholdersiand three clerks,who shall be sworn by the Mayor or u.ahlonega,to hold said election impartially.
Section 29. Be it further enacted by the authority aforesaid that nothing in this referendum shall be construed to prevent this law becoming effective ~ediately upon its passage;but said law shall become effective immediately upon its passage,and if said election is declared to be against ratification, then this provisions or this bill shall cease to be effective on the 10 day or December,l937.
Section 30. Be it further enacted that the repealing clause or the act shall be numbered as Section 30,instead of Section 24.
Section 31. Be it further enacted by the authority aroresaid,that should any part or this law be declared unconstitutional,the other sections shall not be arrected.
Senator Turner or the 32nd District offered an Amendment.
Senator Evans or the 29th District moved the previous question and the motion prevailed.
The main question was ordered. The committee amendment was adopted. Senator Turner's amendment being contradictory to the committee amendment was ruled out or order.

1558

JouRNAL oF THE SENATE,

The report of the co~ttee,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 requsite Constitutional majority,was passed.

Senator Turner of the 32nd District asked unanimous consent that House Bill No. 855 be immediatelY transmitted to the Hcuse and the consent was granted.

The following general bills of the Senate were taken up for consideration:

ay Senator Beasley of the 2nd DistrictSenate Bill No. 133. A Bill to be entitled an Act
to provide for the redemption of real estate,sold under any execution or by virtue of any judgment of a court of record or under any deed or trust,power of sale on a mortgage;and for other purposes.

The report of the was co~ttee,which favorable

to the passage of the bill,was agreed to.



Senator Crawford of the 42nd District moved that Senate Bill No. 133 be tabled and the motion prevailed.

The following message from the House was received through Andrew J. Kingery,Clerk:

Mr. President:

The House has agreed to the Conference Committee Report on Senate Bill No. 79.

By Senator Chappell of the 13th DistrictSenate Bill No. 202. A Bill to be entitled an Act
to provide for the ~ment of the burial expenses or Cqnfederate pensioners;and for other purposes.

The report of the cOIIUiiittee,wh1ch was favorable to the passage of the b1ll,was agreed to.

MoNDA.Y, MARCH 18, 1935.

1559

On the passage of the bill the. ayes were 27,nays o.
The bill having received the requisite Constitutional majority,was passed.
Senator Chappell of the 13th District asked unanimous consent that Senate Bill No. 202 be immediately transmitted to the House and consent was granted. By Senator King of the 11th District-
Senate Bill No. 211. A Bill to be entitled an Act to regulate the distribution and sale of insecticides and fungicides;and for other purposes.
Senator ~llican of the 35th District offered the following amendment:
By adding a new section to be known as Section 4 reading as follows:
"The provisions of this Act shall apply only to insecticides and fungicides sold or recommended for Screw Worn eradication."
The amendment was adopted. The report of the qammittee,which was favorable tothe passage of the bill,as amended,was agreed to.
27O,nnaythseop. assage of the bill,as amended,the ayes were
The bill,as amended,having received the Tequisite Constitutional majority,was passed. By Senator Skelton of the 30th District and Senator Lester of the 18th District-
Senate Bill No. 235. A Bill to be entitled an Act to create the office of Commissioner of Escheats and Penalties,to provide for the appointment and qualification of such Cammissioner;and for other purposes.
Senator Skelton of the 30th District offered the following amendment:

1560

JouRNAL OF THE SENATE,

By inserting in the fourth line ot Section 6,atter

the words "any and" the word "all".

.

The amendment was adopted.

The report ot the connn1ttee,which was tav_orable to the passage ot the bill,as amended,was agreed to.

On the passage of the bill,as amended,the ayes were 26,nays 4.

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

Senator Skelton ot the 30th District asked unanimous consent that Senate Bill No. 235 be immediately tra.nsrnitted to the House and consent was granted.

Senator Duncan of the 23rd District asked unanimous consent that further consideration ot Senate Bill No. 236be deterred and consent was granted.

Senator McGinty of the 43rd District asked unanimous consent that further consideration of Senate Bill No. 24lbe deferred on account of the absence or the author and consent was granted.

Senator Millican of the 35th District askedunanimous.consent that further consideration or Senate Bill No. 231 be deterred on account of the absence of the author and consent was granted.

~enator Lester of the 18th District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have printed copies made ot House Bill No. 240,known as the General Appropriations Act,and consent was granted.

The following Conference Comm1ttee report on Senate Bill No. 79 was read and adopted:

MoNDAY, MARCH 18, 1935.

1561

Atlanta,Georgia. March 16, 1935. Hr. President, Hr. Speaker, Of the conference committees of the Senate and the House appointed to consider Senate Bill No. 79, have bad the same under consideration and beg to recamm~nd as follows: 1. That the Senate recede from its position. 2. That the House recede from its position. 3. That the following be added by amendment to the end of Section l,of said Bill as passed by the Senate to wit: "The Court shall direct notice of the hearing to be given the debt or at least five days prior thereto, and at the hearing the Court shall also pass upon the legality of the notice,advertisement and regularity of of the sale. The Court may for good cause shown order a re-sale or the property. Respectfully submitted,
David s. Atkinson,Senator 1st.
E.R. King, Senator 11th. W.M. Goodwin, 20th District. On the part or the Senate.
Jolm c Parker Colquitt
A.T. Minchew, Atkinson Bond Almand Fulton, On the pari or the House. Senate Bill No. 196 by Senator Atkinson or the 1st Distr1ct,a bill to alter,revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah,was taken up for the purpose of considering the following House amendment thereto:
SECTION SEVEN. Be it fUrther enacted by the authority aforesaid

1562

JouRNAL OF THE SENATE,

that Section 22 or that certain Act ado~ted and approved February 27th,l933,and entitled An Act to alter,revise and amend the several Acts relating to and incorporating the Mayor and Aldermen or the City or Savannah,and tor other purposes In be and is hereby repealed and in lieu thereof there is hereby enacted another Section or said Act to be known as Section 22 as follOws:

Section 22. Be it further enacted by the authority aforesaid,that from and arter the passage or this Act,it any employee or the Mayor and Aldermen or the City or Savannah,atter having been placed upon the pension roll or the City or Savannah by being granted a pension,becomes am employee or any department or any municipal or county government or an employee or any department or the National government, then and in that event his pension shall be subject to revision by the Mayor and Aldermen ot the City ot Savannah and may be terminated by said Mayor and Aldermen. The provisions or this section shall. not only apply to future pensioners or said City and to their pensions,but shall be retroactive and apply to pensions and pensioners which were granted prior to the passage or this Act under the then existing law.

SECTION EIGHT.

Be it further enacted by the authority aforesaid

that that certain ordinance adopted and approved by

the Mayor and Aldermen or the City or Savannah on

September 19,1934,granting certain additional powers

to the savannah Port Authority tor the harbor and

port or Savannan,be and the same is hereby ratified

and confirmed subject to there being added thereto

the words "or in any other way" after the word

"purchase" and before the word "lands" the said

ordinance reading as follows: "In addition to the

authority and powers heretofore granted to the

Savannah Port Authority under and by virtue or that

certain ordinance adopted and approved by the Mayor

and Aldermen of the City or Savannah,on December 24,

a1n9d24P1 tohret

said Savannah Port Authority tor the Harbor or Savannah is hereby granted and delegated

the following additional authority and powers in

MoNDAY, MARCH 18, 1935.

'1563

furtherance ot the development ot the Harbor and Port ot Savannah,to wit: The Savannah Port Authority tor the Harbor and Port ot Savannah shall have the right, authority and power with the concurrence ot the Mayor and Aldermen ot the City ot Savannah,to acquire by purcbase,lands,property,property rignts,leases or easements fronting on the Savannah River in the Harbor and Port ot Savannah,or adjacent thereto,in Chatham County,Geo~gia,tor industrial or tactory site purposes,and to receive and expend such monies as may be appropriated to it by the Mayor and Aldermen ot the City ot Savannah trom t~e to time tor the purpose ot paying tor such lands and property so acquired,as well as tor the improvement ot such lands and properties. The said Savannah Port Authority shall have the turther right and authority,with the advice and approval ot the Mayor and Aldermen ot the City.ot Savannah,to lease,or sell,or otherwise grant and convey said lands and prpperty in whole or in part to persons,tir.ms or corporations,tor tactor.Y, manutacturing,and/or industrial purposes,and/or tor the development ot the Port ot Savannah.
SECTION NINE.
Be it turther enacted by the authority atoresaid, that the Mayor and Aldermen ot the City ot Savannah be and is hereby authorized and empowered to grant and delegate to the Savannah Port Authority tor the harbor and port ot Savannah,the following additional rights,powers and privileges:
A. To acquire by purcbase,deed of"~ift or in~ other way lands tor whart and tactory site purposes with the approval ot the Mayor and Aldermen ot the City ot Savannah. To lease,with the right to sublease tor a nominal consideration and upon such terms as to said Savannah Port Authority may seem tit and proper,tor a term ot years,any and all real estate,tmproved or unimproved,acquired by said Savannah Port Authority tor wharf or tactory site or other purposes incident to the development ot the resources ot the Port ot Savannah and its contiguous territory and its trade incident thereto;such lease or leases,however,to be subject to the approval ot

1564 .

JouRNAL oF THE SENATE,

the Mayor and Aldermen or the City or savannah.

B. To execute with the said approval or the Mayor and Aldermen or the City or Savannah valid options or purchase and or sale and to sell upon such terms as said Savannah Port Author!ty may deem proper,any or all or the land acquired by said savannah Port Authority for the purposes aforesaid.

c. To bu1ld,construct and erect factories or plants
and factory bu1ld1ngs,or lands acquired by said Savannah Port Authority,and to equip the same tor use in developing the Port or savannah,w1th the consent ot the said Mayor and Aldermen or the City or Savannah.

D. With the consent and approval or the sald Maor and Aldermen or the City or Savannah, to issue notes, bQnds w1thout lim1t as to amount and other obligations or the said Savannah Port Authority,secured b.Y mortgage,secur1ty deed or other indenture on all or any part or the property now held or hereafter acquired by said Savannah Port or Author1ty,:ror the development or whart,factory s1te,or other purposes incident to the development or the resources ot the Harbor and Port ot Savannah.

SIDTION TEN.

Be it further enacted by the authority aforesaid

tpat should any assessment.provided for and levied

under the provisions or Section 20,or any other sec-

tion or that certain Act adopted and approved August

18,191
Act re

9la1

and enti ting to

tled and

,"An Act incorpor

to atin

amend g the

the certain Mayor and Alder-

men ot the City ot Savannah,ana ror other purposes,

and Acts amendatory thereot,be not paid,together

with all interest,when due by the person or persons

owning the lot or lots or tract of land liable tor

the same.,then the said Mayor and Aldermen o:r the City

o:t Savannah :tor the purpose of preventing a default

in the "Street Improvement Bonds" issued and based

upon such assessment or assessments in whole or in

part,shall have the right to temporarily advance out

ot the general funds and monies or the Mayor and

Aldermen or the City or Savannah the amount or such

MoNDAY, MARCH 18, 1935.

1565

defaulted assessment or assessments tor the purpose

ot paying prompt~ as due the series ot "Street

Improvement Bonds that may be due in any given year;

and the said assessment or assessments with interest

so temporarily advanced shall not be considered to

have been paid and satisfied by the owner or owners

ot the said lot or lots or tracts of land liable tor

the same,nor shall the lien or the assessment against

said lot or lots or tracts of land be divested,but

said lien and assessment shall continue to be ot

force and be subject to be enforced and collected by

said Mayor and Aldermen of the City of Savannah under

all the provisions ot said Act and all Acts amenda-

tory thereof ;and said Mayor and Aldermen ot the City

of Savannah is hereby declared to be the absolute

owner ot any such lien of liens,assessment or assess-

ments, or execution or executions. Any and all pay-

ments heretofore made by said Mayor and Aldermen ot

the City or Savannah of any such assessments for the

~urpose of preventing a default in any series of said

Street Improvement Bonds" are hereby ratified and

eonfirmed;and the said assessment or assessments and

liens thereof and the execution or executions issued

thereon as against the lot or lots or tract or tracts

of land shall not be considered to have been paid,

sati lot

sti or

eldo~1sreloera

s t

ed or re ract or

lieved tracts

as of

against the said land originally

liable for the same prior to any such temporary pay-

ment of the same by the said Mayor and Aldermen of

the City or savannah out of its general funds or

money for the pyrpose of preventing a default in any

series of said street Improvement Bonds"; and the

said Mayor and Aldermen of the City of Savannah is

hereby authorized and empowered to enforce and col-

lect said liens,assessments and executions,with all

interest thereon as if no temporary advance of the

amount of same had ever been made by said Mayor and

Aldermen of the City ot Savannah for the purpose ot

paying the amount in whole or in ~rt of any series

Of said 8Street Improvement Bonds due in any year

prior to the passage of this Act,and the said Mayor

and Aldermen of the City of Savannah is hereby de-

clared to be the absolute owner of any such lien or

liens~assessment or assessments or execution or

execuliions.

1566

JouRNAL oF THE SENATE,

The Senate agreed to the House amendment to Senate Bill No. 196.

Senate Bill No. 155 by Senator Scott o:t the 7th District,a bill increasing the time within which the clerk's duty may be per:rormed,etc.,was taken up :tor the purpose or considering the following House amendment thereto:

Messrs.Parker or Colquitt,Al.ma.nd o:t Fulton and Harris o:t Richmond offered the following amendment:

By inserting in line 21 or Section 1 atter the word properu the following:

not to exceed fifteen days".

The Senate agreed to the House amendment to Senate Bill No. 155.

Senate Bill No. 215 by Senator Millican or the 35th District,a bill amending the Act establishing a new Charter for the City or Atlanta,was taken up for the purpose or considering the following House substitute therefor:

By the committee:

A BILL

To be entitled an Act to amend an Act establish-

ing new Charter tor the City or Atlanta,approved

February 28 thereo:r;and

1

1874,and for othe

t r

he severa purposes.

l

Acts

amendatory

Be it enacted by the General Assembly ot the State ot Georgia,and it is hereby enacted by authority ot the same,tbat an Act establishing a new charter tor the City or Atlanta approved February 28,1874,and the several Acts amendatory thereo:t,be and the same are hereby amended as follows:

SECTION ONE That the provisions or the present charter as con-

MoNDAY, MARCH 18, 1935.

1567

ta1ned in Section 228 of the City Code of Atlanta published in 1924(as amended),provid1ng that the 6ity of Atlanta shall not lease the old waterworks proPerty, known as Lakewood and making an exception tn case the city of Atlanta through its Mayor and General Council,desires to lease the same to.the Southeastern Fair Association,be amended by adding thereto additional ~aragraphs as follows:
"Said Mayor and General Council of the City of Atlanta may,at their discretion,acting jointly with the Southeastern Fair Assoc1ation,or separately,as may be desired,procure from the United States Gove~ ment,or any of its agencies set up for the purpose of lending money under any plan for the lending of sums for public construction,such sums as said Government,or its agencies,may lend or advance,provided said ~loan shall not exceed One Hundred Fifty Thousand ($150,000.00} Dollars,for the purpose of erecting buildings or beautifying,or improving the grounds,or repairing,re-modeling or reconstructing the grandstand,race tracks,or any part or portion of the property covered by thelease between the City of Atlanta and the said Southeastern Fair Association;and said City of Atlanta,acting through its proper governing authoritiesJmay pledge all of the income received from the buildings,or the income received from the entire property covered by its lease with the Southeastern Fair Association,for the repayment of sums so loaned or advanced by said government,or its agencies,said City acting for this purpose either jointly with the Southeastern Fair Associatio~ or acting alone,it first having contracted with said Southeastern Fair Association to this effect. It is intended hereby that the income only shall be pledged and in no event shall any part of the property be pledged.
SECTION TWO.
That all laws,or parts of laws,in conflict.herewith be and the same are hereby repealed.
The Senate adopted the House substitute for Senate Bill No. 215.

1568

JouRNAL oF THE SENATE,

Senate Bill No. 105 by Senator Millican of the 35th District,a bill making it penal to report or send in to any Fire Department a false alann,was taken up for the purpose of considering the following House amendment theret.o:
Mr. Lindsay of DeKalb offered the following amendment to Senate Bill No. 105-
By adding the word "knowingly" at the end of the first line of Section l,after the word and comma(,) "severally,"
And add the word "knowingly" after the word "or" third to last word on line 6 of Section 1.
The Senate agreed to the House amendment to Senate Bill No. 105.
Senate Bill No. 161 by Senator Rawlins of the 45th District,a bill relative to those who shall be subject to road duty or pay connnutation tax, etc. ,was taken up for the purpose of considering the following House substitute thereto:
Mr. Rivers of Lanier offered the following substitute tor Senate Bill No. 161:
A BILL To be entitled an Act to repeal an Act entitled "A Bill to prescribe those who shall be subject to road duty or pay such connnutation," being Section 95-802,of Code of Georgia of 1933,and for other purposes.
SECTION ONE. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that from and after the passage of this act and approval of the Governor that Section 95-802 of the Civil Code of Georgia of 1933 reading as follows: "Who subject to road duty. Connnutation tax.-Ea.ch

MoNDAY, MARCH 18, 1935.

1569

male citizen between the ages ot 21 and 50 years,not expressly exempt by law,shall be subject to road duty,and shall be required,when notified or summoned, to work the public roads of the county ot his residence !or such length of time in each year,or to pay such connnutation tax as may be fixed by the authorities having charge of county matters: Provided,that no one shall be required to work !or longer than 10 days in any one year nor shall said commutation tax be fixed as a .smn that will amount to more than 50 cents per diem tor the number of days' work required." . by and the same is hereby repealed.
sECTION TWO. That all laws and parts ot laws in conflict with this Actare hereby repealed. The Senate adopted the House substitute for Senate Bill No. 161. Senate Bill No. 178 by Senator Crawford of the 42nd District,a bill to abolish the Board of Cammissioners of Roads.and Revenues of Chattooga County, was taken up tor the purposes ot considering a House substitute thereto: The Senate disagreed to the House substitute tor Senate Bill No. 178. Senate Bill No. 17 by Senator Evans ot the 29th District,a bill regulating the use of steel traps in catching b1rds,game,or antmals in this state,was taken up tor the purposes of considering the following House amendments thereto: By the committee: By adding to Section l,the following: provided that nothing in this Bill shall permit trapping to be done other than in the legal season as provided by lew",so that said Section so amended shall read as follows:

1570

JouRNAL oF THE SENATE,

section 1. Be it enacted by the General Assembly

of Georgia that an Act entitled "An Act or prohibit

the use of steel traps or like devices in trapping

or catching any birds,game,or antmal in this State;

to provide a penalty for the violation of the pro-

visions of this Act;and fo~ other purposes." Ap-

proved August 24,1929,and found in Georgia laws of

1929,pages 335 and 336 be and the same is hereby

amended as follows;by adding at the end of Section

3 of said Act the following to wit: Provided however

that nothing in this Act shall apply to McDuffie

County,provided that nothing in this Bil~ shall per-

m!t trapping to be done other than in the legal season

as provided by law."



By Mr. Manning of Cobb:

By amending the House Committee amendment to Senate Bill No. 17 by adding the words "and Cobb" after the word ~cnutfie" in line 11 of Section l,cf said amendment,so as to include the County of Cobb of said Act.

The Senate agreed to the House amendments to Senate Bill No. 17.

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

March 15,1935.

TO THE GENERAL ASSEMBLY OF GEORGIA:

I am returning to you witho:ut my approval the following gills:

,

HOUSE BILL No. 589

An Act,to provide tor the payment,by counties

in this State having a population,accord1ng to

the Census of 1930,or not less than 19,950 nor

more Supe

rtihoarnC2o0u1r1t5s0f

or or

actual cost incurred in the the trial and conviction or

misdemeanor convicts worked by said counties

upon the public roads of same.



MoNDAY, MARCH 18, 1935.

1571

This Bill provides that the county authorities or Cherokee County shall,upon the receipt or misdemeanor convicts which have been convicted in the Superior Court of Cherokee County,pay to the officers ot said Court,out or the county treasury,as compensation tor services rendered in the trial and conviction or said convicts their legal tees and costs and also the tees and costs or the Justices or the Peace who participated in such cases.
Attached hereto is a copy or an Qpinion rendered by the Attorney General holding this Act unconstitutional as it conflicts with the general law.
HOUSE BILL NO. 504
An Act,to amend Section 95-802 or 1933 Code,so as to exempt certain persons in certain counties from payment or commutation tax,and tor other purposes. This Bill exempts those citizens or Cherokee County who are,under the general law,subject to road duty or the payment or a commutation tax. Attached hereto is copy or an opinion rendered by the Attorney General which holds this Act unconstitutional. The.general law provides that all citizens or the State are subject to road duty,or a cammutation tax,and tor that reason this Bill is unconstitutional.
HOUSE BILL NO. 590
An Act,to be entitled an Act to provide tor the payment or a salary in lieu or tees to sheriffs in certain counties.in this StateJ and tor other purposes. This Bill provides tor the Sheriff of Cherokee County to receive a salary or $2700.00 per year in addition to the regular compensation tor reeding prisoners,5t per mile tor each mile traveled by h~ in performance or his official duties,and also hotel bills and other traveling expenses or the Sheriff when performing the ott1c1al duties beyond the limits ot Cherokee County.

1572

JouRNAL or THE SENATE,

This Bill is clearly unconstitutional as the general law provides tor the payment ot sheriffs ot tbe different counties of the State. This Act is in conflict with the general law and provides a different method ot payment ot the sheriff ot Cherokee County.

Attached hereto is a copy ot an opinion by the Attorney General on this Bill reference to which will show that in his opinion the Act is unconstitutional.

Hon. John R. Teasley, the author of these Bills, agrees that they are unconstitutional and concurs in my action in vetoing them. He is submitting to the General Assembly bills in lieu ot these tran which the objectionable features have been removed.

Respectfully submitted, Eugene Talmadge, Governor.

March 14,1935.

Hon. Eugene Tal.madge,Governor,

State Capitol,

Atlanta,Georgia.

,

Dear Governor Talmadge:

In re: House Bill No. 589 This Bill provides that the county authorities ot all counties in the State having,according to the United States census tor 1930,a population ot not more than 20,150 and not less than 19,950,and which operate and maintain a chain-gang !or work upon the public roads,shall upon the receipt of misdemeanor convicts which have been convicted in the Superior court ot that county,pay the officers ot the court, out ot the County Treasury as compensation tor services rendered in the tria! and conviction ot such convlcts,their legal tees and costs as fixed by law.

The general law of this State makes provision tor the payment ot insolvent costs in cl1m1nal cases tntbe

MoNDAY, MARCH 18, 1935.

1573

superior-court.(Code or Georgia or 1933,Section 27290l,et seq.)
In the case or Clark v. Reynolds, 136 Ga. 817,826,
The Supreme court held that an Act or the General Assembly or 1893,which required the Treasurer ot Richmond County to pay to the Solicitor General o! the Augusta Circuit his bill tor insolvent costs tor services in the Richmond Superior Court,was unconstitutional and violative of Article !,Section IV,Paragraph I,o! the Constitution. The rule o! the Court was based upon the ground that the Act ot 1893,applying only to Richmond County,related to a subject matter already covered by a general law, and was therefore unconstitutional. This case is on all-tours with the question presented in House Bill No. 589.
In a later case, Clark v. Clark, 137 Ga. 185,
the Supreme Court held that an Act or l88l,Which provided !or the payment or the insolvent costs or the Solicitor and Clerk or Richmond County in crtminal cases from the County Treasury,was unconstitutional and void !or the same reason.
See also Atkinson v. Bailey, 135 Ga. 336
This case involved an Act authorizing the County Commissioners o! Camden County to pay the sheri!! ot .that County a salary or $400.00 1n addition to the tees prescribed by law. The Supreme Court held it unconstitutional because it was violative or the provision or the Constitution referred to,the tees
and compensation ot the sheriff being tixed by gen-
eral law. The proposed bill plainly makes provision tor the
payment or the officers of the superior court in

1574

JouRNAL oF THE SENATE,

counties of the population specified which are different tram those contained in the general laws on the subject. There is no provision in the Act for the class of counties created to be enlarged by taking in additional counties,since the Act is expressly confined to counties having a population of not more than 20,150 and not less than 19,950,according to the census of 1930,and there is no provision with reference to future censuses.
The proposed Act,in my opinion,is necessarilY unconstitutional,since the method or paying insolvent costs in criminal cases in the superior court is fixed by general law,and the Act in question aPplies only to Cherokee County.
Yours sincerely, M.J. Yeomans,
- - - - -A-ttorney General March 14, 1935. Hon. Eugene Talm.adge,Governor, State Capitol, Atlanta,Georgia. Dear Governor Talmadge: In re: House Bill No. 504 This Bill repeals all existing road laws insofar as they apply to Cherokee County. The Constitution of Georgia,by Article !,Section IV,Paragraph !,provides as follows;
"Laws ot a general nature shall have uniform operation throughout the State,and no special
law shall be enacted in any case for which provision has been made by an existing general law." In the case of Board of Commissioners of Smnter Co. v. Mayor and
Council of Americus, 141 Ga. 542,

MoNDAY, MARCH 18, 1935.

1575

a special Act regarding road work in Stunter County
was declared unconstitutional,as violative ot the
quoted provision of the Constitution. The Court based its decision upon th~ ground that the Alternative Road Law was in force 1n Stunter County.
The general law o:r this State provides tor working the public roads and the Alternative Road Law provides tor the collection o:r a commutation road tax. The Alternative Road Law does not became effective in any county except upon recommendation of the Grand Jury,as therefor provided. It is,however,a general law, as was expressly declared in the case just referred to,and can only be made effective or ineffective in any county by resort to the procedure provided by the law itself.
The Bill is thus plainly a special law,relating to a subject upon which there is already a general law. For that reason,it is violative or the quoted provision of the Constitution.
Yours very truly, M.J. Yeomans,
- - - - - -A-ttorney General March 15,1935 Hon. Eugene Talmadge Governor State Capitol Atlanta,Georgia Dear Governor Talmadge: Re: House Bill No. 590. This Bill provides that in counties having a population of tram 19,950 to 20,150 according to the Census of 1930 or any future census the fee system ot compensating the sheriff shall be abolished and that the sheriff Shall receive a salary o:r $2700.00 per anntun to be paid out ot the county treasury. It provides in addition that the sheriff shall receive mileage tor operating his automobile and other

1576

JouRNAL OF THE SENATE,

traveling expenses and may with the approval or the grand jury appoint a deputy at a salary or not exceeding $100.00 a month.
This Bill applies only to Cherokee County. BY
its terms it can never apply to more than a very limited number or counties.

Article !,Section IV,Paragraph I o! the Constitution provides that laws or a general nature shall have uniform operation throughout the State,and no special law shall be enacted in any case tor which provision has been made by an existing general law.

In the case or

Atk1nson v. Bailey,

the

Supreme

135
Court

Ga. 3 held

36
th

a1

t

the

general

law

o!

the

State fixes the compensation or the sheriffs !or

o!!icial duties perrormed,and that an Act or 1903

authorizing the county commissioners or Camden

County to pay the sheri!! a salary or $400.00 in

addition to the tees allowed by law,was unconstitu-

tional and voidbecause violative or the constitu-

tional provision just referred to.

This decision by the Supreme Court is controlling in the instant case. In my opinion House Bill No. 590 is unconstitutional because violative or Article !,Section IV,Paragraph I o! the Constitution.

Yours very truly, M.J. Yeomans, Attorney General

The following communication !ram His Excellency, the Governor,was read:

March 15,1935 TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning herewith House Bill No. 346,Which I have vetoed with the consent and approval or the Fulton County delegation,the authors or the Bill,

MoNDAY, MARCH 18, 1935.

1577

who plan to introduce another bill removing the obJectionable features of this bill.

Respectfully submitted, Eugene Talmadge, Governor.

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

March 15,1935.

TO THE GENERAL ASSEMBLY OF GEORGIA: I am returning herewith House Bill No. 623,which
I have vetoed.

There are many objectionable features in this Bill,some of Which are clearlY unconstitutional, and others contravene the general laws prevailing throughout the state.

I am attaching hereto an opinion of the Attorney General which is made a part of this report.

RespectfullY, Eugene Talmadge, Governor.

March 15,1935.

Han. Eugene Talmadge,Governor, State Capitol Atlanta,Georgia.

Dear Governor Talmadge:

In re: House Bill No. 623 This is a local Bill,and involves the City of Rossville,1n Walker County,Georg1~.

Section 2 of the Bill provides the qualifications

for the of the

offices of qualificatio

nMsaythour,sClperrokvaidneddCiosuntchilamt,en1NoOne

person shall be eligible tor the officers or Mayor,

1578

JouRNAL oF THE SENATE,

Clerk and/or Councilmen who have not been bona tide residents or said City !or at least twelve months, qualified to vote and own!~ real estate w1tbin tne limits or said co~oratlon. Onder Paragraph IV, sub=dlvlslon V,se~lon !,or Article II or the Cons1tution or Georgia (Section 2-604 ot the Code ot Georgia or 1933), it is provided that, "Any person who is the owner in good taith in his own right ot at least forty acres or land situated in this Stat~ upon which he resides," and possesses the general qualifications set torth in the opening Paragraph or said Section,shall be entitled to register as an elector. Qualification as an elector is generally required as one ot the qualifications tor holding public orrice in this State.
There is no Constitutional requirement that a person should own real estate betore being eligible to hold public otrice in the State,other than the indirect or remote ground above mentioned. The provision or the Bill above referred to,theretore, goes further in limiting the qualifications or otr1cers tor the City or Rossville than do the provisions or law applicable generally to public officers within this State.
There is another provision in Section 2 or the Bill which permits all persons who are owners in their own name or ~real estate located within the corporate 11m1~or said City to vote in all City elections,regardless of residence.
Registration does not serve to quality voters,but is intended only as a means or identifying those who are eligible to vote. Generally, the right or sutrrage is contined to those who reside w1 thin the municipality. Under the last named provision a person may live in Calirorn1a and own real estate within the City limits or Rossville and thus be entitled to register and vote in the municipal elections.
Another provision or Section 2 is as follows: "No person shall be eligible to vote or hold otr1ce

MoNDAY, MARCH 18, 1935.

1579

in said City Who has not first paid all taxes due the said City of Rossville by him and registered to vote in the manner hereinafter set out." The last provision is clearly violative of the Constitutional provision setting forth the qualifications of voters. The Constitutional provision requires the payment of all poll taxes.

Section 3 or the Bill provides for a Board of Health for the City,and the last paragraph or saidSection confers upon that Board judicial powers, namely: the right to hear evidence,try out offenders who are guilty or violation of any provisions of the Act, and confers upon the said Board the authority to impose fines up to $300.00 or to order imprisonment in the City jail not to exceed sixty days. The offender is given the right of appeal to the Mayor and Council. The last-named ~rovision might be deemed to be violative ~f the due processclause of the Constitution,and as violative of the Constitutional provisions which confer judicial powers upon courts. This provision apparently confers judicial powers upon an administrative Board and gives. them the right to assess the penalty for infraction of rules made by them.

The Bill further provides for the creation of bonded indebtedness of the City as follows:

(1)

Section ness of

$450proovooid.oeos

for for

a bonded indebtedthe purpose of

building a 6ity Hall or MUnicipal Build-

ing;

(2) Section 11 provides for the issuance of

$250,000.00 in bonds for the purpose of

providing for a municipally owned elec- .

trical distribution system;

(3) section 24 authorizes the issuance of

bonds to the sum of $75,000.00 for the

purpose of building streets and side-

walks,etc.

The total bonds authorized by the Bill aggregate $375,000.00,and under the provisions of Paragraph ~

1580

/

JoURNAL OF THE SENATE,

Section VII,o! Article VII,o! the constitution

(Section 2-5501 or municipal property

the Code o! Georgia valuation in excess

o! o!

1$953,33o)6a.oo

, is required.



The above section o! the Constitution ltmits municipal indebtedness to seven per cent. or the assessed valuation o! the property therein. The assessed value o! the property within the City o! Rossville !or the year 1934 was $1,408,77l.OO,according to the Cotmty Tax Digest,and the entire tax assessment value !or all property in Walker County !or the year 1934 was less than $6,000,000.00

The provisions of Section 23 o! the Bill,which undertakes to repeal all statutes,general or special,11miting the indebtedness or the City or Rossville,are Clearly unconstitutional and violative o! the provisions o! the above-named Paragraph o! the Constitution.

The general authority contained under the provisions o! the Bill,authorizing the municipality,in its corporate capacity,to own,operate,regulate,and maintain,w1thin or without the corporate limits thereo!,an electric power plant and distribution system,not onlY for municipal purposes but !or any other purpose, and to fix ratea and to sell surplus energy or gas to inhabitants outside the City, might be deemed to conflict with the general regulatory powers vested in the Georgia Public Service Commission.

The power or eminent domain conferred in Section 22 or the Bill 1s not confined to Rossville,nor to Walker County.

The foregoing provisions o! the Bill might be held to invest this municipality with the power and authority or dealing in electricity and gas generally. I can see no reason why the municipality might not extend its field or operat1ons,as to these utilities,so as to seriously tmpair the power

MoNDAY, MARCH 18, 1935.

1581

and authority of the Georgia Public Service Commission.
Yours very truly, M.J. Yeomans, Attorney General. A Communication from Wesleyan College,Macon,Georgia,inviting the members or the Senate to an unveiling exercise to be held in the Capitol,today,was read. The hour of adjournment having arrived the President Pro Te.m,senator Rawlins of the 45th District, announced that the senate stood adjourned until 7:00 ot clock P.M. this day. NIGHT SESSION The President called the Senate to order. The Rules Committee fixed the following order of business for the night session or March 18th: 1. Reports of Standing Committees. 2. Second Reading or Senate and House Bills and Resolutions,ravorablY reported by committees. 3. Firt reading of House Bills. 4. Passage of local House Bills and General House Bills with local application. 5. Passage or General House Bills as follows: House Bill No. 676. House Bill No. 493. House Bill No. 289. House Bill No. 412. House Bill No. 632. House Bill No. 298. House Bill No. 181. House Bill No. 466. House Bill No. 134.

1582

JouRNAL oF THE SENATE,

House Bill No. 350. House Resolution No. 124. Mr. Chappell of the 13th 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 or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations: House Bill No. 682, do not pass. House Bill No. 799, do not pass.
Respectfully submitted, Allen Chappell of 13th District, Vice-Chairman.
Mr. Simmons or the 8th District,Chairman of the Committee on Finance,submitted the following report Mr. President:
Your Committee on Finance have had under consideration the following Bills or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 561, do pass,as amended. House Bill No. 701, do pass,as amended.
Respectfully submitted, Stmmons ot 8th District, Chairman.
Mr. Goodwin ot the 20th D1str1ct.Cba1rman or the Camm1ttee on Privileges and Election submitted the tollow1ng report:

MoNDAY, MARCH 18, 1935.

1583

Mr. President: Your Committee on Privilege and Election 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 following recommendation:
House Bill No. 677, do pass,as amended. Respectfully submitted Goodwin ot 20th Dis!riet, Chairman.
Mr. Clark ot the 44th Distriet,Chairman ot the Committee on Countios and County Matters,submitted the following report: Mr. President:
Your Conmittee on Count.ie~ and County Matters have had under consideration tbLtollow1ng Bills ot the Senate and House and have instructed me as Chairman,to report the same back to the-Senate with the following recommendations:
Senate Bill No. 99, do pass. Senate Bill No. 224, do not pass. Senate Bjll No. 240, do pass. House Bill No. 847, do pass. House Bill No. 738, do pass. House Bill No. 851, do pass, by subst1tute.
Respectfully submitted, Clark ot 44th District, Chairman.
Mr. Darden ot the 51st District,Chairman .ot the Committee on State ot Republ1c,subm1tted the follow-
ing report:
Mr. President:
Your Committee on State or Republic have had under consideration the following Bills ot the House and

1584

JouRNAL oF THE SENATE,

have instructed me as Chainnan, to report the same bacK to the Senate with the following recommendations:

House Bill No. 7lt. do pass. House Bill No. 82~, do pass.

Respectf Allen

uwll.yDsaurdbemnitotefd5, 1st

Distric~

Chairman.

Mr. Skelton of the 30th District,Chairman of the Committee on General Judiciary No. !,submitted the following report:

Mr. President:

Your Committee on General Judiciary No. 1 have bad under consideration the following Bill of the Senate and have instructed me as Chainnan, to report the same back to the Senate with the following recommendation:

Senate Bill No. 248, do pass.

Respectfully submitted, Skelton of the 30th District, Chainnan.

Mr. Ragan of the 14th District,Chairma.n of the Committee on Pens1ons,subm1tted the following report:

Mr. President:

Your Committee on Pensions have had under consideration the following Bills ot the House and have instructed me as Chairman, to -report the same back to the Senate with the following recommendations:

House Bill No. 208, do pass. House Bill No. 259, do pass.
Respectfully 8ub.mltted, L.C. Ragan of 14th District, Chairman.

MoNDAY, MARCH 18, 1935.

1585

Mr. Johnson or the 31st District,Chairman of the Committee on Amendments to Constitution,submitted the following report: Mr. President:
Your Committee on Amendments to Constitution 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 following recommendation:
Senate Bill No. 92, do not pass. Respectfully submitted, Johnson of 31st District, Chairman.
Mr. Cooper or the 22nd District,Cha.irma.n or the
Committee on Municipal Government,submitted the following report: Mr. President:
Your Committee on Municipal Government have had under ~onsideration the following Bills or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 878, do pass. House Bill No. 867, do pass. House Bill No. 898, do pass.
Respectfully submitted, Cooper of 22nd District, Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereor: Mr. President:
The House has passed by the requisite Constitutional majority the following bills and Resolutions or the House to wit:

1586

JouRNAL oF THE SENATE,

By Messrs. Barrett,Lanier and Harris o'f RichmondHouse Bill No. 230. A Bill to be entitled an Act
to amend an Act entitled: "An Act to abolish the present State Board ot Medical Examiners tor the State ot Georgia;and tor other purposes." By Mr. Claxton ot Johnson-
House Bill No. 243. A Bill to be entitled an Act to provide that the enforcement and collection ot executions issued tor taxes shall not.be defeated because ot mistakes,errors,irregularities,or omissions; and tor other purposes. By Mr. Lewallen ot Banks-
House Bill No. 529. A Bill to be entitled an Act to amend an Act approved August 8,1923,creating the Piedmont Judicial Circuit ot Georg1a;and tor other purposes. By Messrs. Arnall of Coweta and McNall ot Chatham-
House Bill No. 606. A Bill to be entitled an Act to give Police Court Recorders Ex-otticio Justice ot the Peace powers and authorities in the matter ot and pertaining to criminal cases;and tor other purposes. By Messr!=l. Bloodworth,Bowden and Freeman ot Bibb-
House Bill No. 636. A Bill to be entitled an Act to amend "An Act to provide tor the appointment ot Stenographic reporters ot City Courts in certain Counties by providing that stenographic reporters ot such city courts shall be ex-officio court camm1ssioners;and tor other purposes. By Messrs. Rivers ot Lanier,Townsend ot Dade and Head ot Catoosa-
House Bill No. 650. A Bill to be entitled an Act to prohibit the sale of real estate under execution, power ot sale and tor any other legal process by lien holders where the title is in dispute,1s detect1ve,and/or ror any other reason the owner ot such real estate is unable to procure a loan on said property;and tor other purposes.

MoNDAY, MARCH 18, 1935.

1587

By Messrs. Rivers of Lanier,Harris of Richmond and
Watson ot Paulding-
House Bill No. 811. A Bill to be entitled an Act to authorize the municipalities and counties in this State to construct water works,sewers,etc.~and for other purposes. By Messrs. Dobbins of Morgan and Bland of Stewart-
House Bill No. 877. A Bill to be entitled an Act limiting the maximum charge to be made py hotels and apartment houses for outside calls through their switchboard;and providing penalties for violation; and for other purposes. By Mr. Dorris of Crisp-
House Resolution No. 187-862b. A Resolution that the Highway known as U.s. Highway No. 80 and 280, extending from Savannah,McRae Cordele and Americus terminating at the City of coiumbus,shall hereafter be known,designated and maintained as the "Crisp Military Highway. By Messrs. Deal and Preston of Bulloch, Perry or Worth,Young of Bumpter,Grayson or Chatham and Terrell of Troup-
House Resolution No. 216-960a. A Resolution to authorize,empower and direct the State Highway Departmenb to make a survey or roads and drives on campuses of institutions comprising the University System of Georgia;to determine which of said roads and drives should be paved;to pave the same and pay the cost thereof out of the revenue or the Highway Department.
By Mr. Gardner ot Candler-
House Resolution No. 211-935a. A Resolution to provide for release of surety on two certain ap{>!arance bonds in the penal sum of Two Hundred ($200.00) Dollars each,returnable to the City Court of Metter,and for other purposes. By Mr. Holland or Chattooga-
House Resolution No. 123-605b. A Resolution proposing to the qualified voters of Georgia an

1588

JouRNAL oF THE SENATE,

amendment to the Constitution or Georgia,so as to authorize Chattooga County to make temporary loans; and tor other purposes.

The following bills or the Senate,ravorably reported by Cammittees,were read the second time.

By Senator Skelton of the 30th DistrictSenate Bill No. 248. A Bill to amend Section
113-1414 or the Code or Georgia or 1933,which provides that a testator may by will dispense with the necessity or his executor making an inventory or his return;and tor other purposes.

By Senators Thomas or the 33rd Distr1ct,and Cannon

or the 40th District-



Senate Bill No. 250. A Bill to amend Section

113-902 or Chapter 113-9 or the Code or Georgia or

1933,which provides the manner or distribution or

the estate or a w~re;and tor other purposes.

The following bills or the House,ravorably reported by committees were read the second time:

By Messrs. Blease and Moye. or BrooksHouse Bil~ No. 208. A Bill to amend an Act by
providing tor the acceptance or widows or ex-confederate Veterans as imnates 1n the Confederate Soldiers Home;and for other purposes.

By Mr. Regan or HenryHouse Bill No. 257. A Bill to amend an Act desig-
nating the Highway Mileage by adding additional mileage in Decatur,DeKalb and Spalding Counties; and for other purposes.

By Messrs. Gammage or Terrell ,Booth ot Barrow and Terrell ot TrouP-
House Bill No. 259. A Bill to .Provide tor the payment or accrued pensions or Contederata Soldiers at their death,to be paid to their estates;and tor other purposes.

MoNDAY, MARCH 18, 1935.

1589

By Messrs. Benton ot Jasper and Zellner ot MonroeHouse Bill No. 394. A Bill to regulate the dis-
tribution and sales ot milk;and tor other purposes. BY Messrs. Standard ot Wilcox,Thrasher or Turner and Lee or Pulaski-
House Bill No. 433. A Bill to increase the mileage or the State Aid System ot Roads by the addition ot roads in certain counties;and ror other purposes. BY Mr. Hooks or Glascock-
Hause Bill No. 541. A Bill to abolish the office or County Treasurer !or the County or Glascock;to provide that the duties ot the County Treasurer shall be performed by the Ordinary or said County; and rcr other purposes. By Mr. Hooks or Glascock-
House Bill No. 542. A Bill to amend an Act so as to provide !or a Board or Commissioners ot Roads and Revenues in and ror the County or Glascock;and ror other purposes. By Mr. Hooks ot Glascock-
House Bill No. 554. A Bill to consolidate the offices ot Tax-Receiver and Tax Collector or Glascock County;to create the office or Tax-Commissioner or Glascock County;and tor other purposes. By Mr. Spivey or Emanuel-
House Bill No. 561. A Bill to annually,in addition to ad valorem tax,levy and collect a tax tor the support or the State Government;and ror other purposes. By Mr. Jones or Lumpkin-
House Bill No. 573. A Bill to appropriate to the Regents or the University System or Georgia,out ot unappropriated tunds, $l,ooo,ooo;to be used tor erecting necessary s~ruc~ures;and tor other purposes. By Messrs. Joel and Cobb or Clarke-
House Bill No. 658. A Bill to require candidates

1590

JouRNAL OF THE SENATE,

tor General Assembly in primary elections in counties or a certain population to designate the candidate they oppose and the position !or which they o!!er;and !or other purposes. By Messrs. Jackson o:r Blackley and Gnann o:r Effing-
ham-
House Bill No. 701. A Bill to regulate Wholesale and truck dealers and farm produce and commodity and to tax same and to allocate same;and tor other purposes. By Mr. Mallory or Twtggs-
House Bill No. 702. A Bill requiring certain officers of the County o:r Twiggs to publish quarterly reports showing an itemized statement ot all receipts and disbursements tor such quarter;and tor other purposes. By Mr. Johnston o! Upson-
House Bill No. 738. A Bill to change the amount o:r the bond ot the Sheritr or Upson County;and tor other purposes. By Messrs. Hartstield,Ramsey and Almand o:r Fu1ton-
House Bill No. 771. A Bill to amend an Act es.;. tablishtng the Criminal court o:r Atlanta so as toreduce and fix the amount o:r the annual salaries to be paid the Judge,the Solicitor General and the Deputy Solicitor General or said Court;and tor other purposes. By Messrs. Standard or Wilcox, Thrasher ot Turner and Lee of Pulaski-
House Bill No. 433. A Bill to increase the mileage ot the State Aid System by the addition o:r road in certain counties;and tor other purposes. By Mr. Watkins ot Oglethorpe-
House Bill No. 782. A Bill to be entitled an Act to add to the State Highway System or Georgia a road !rom County site to County site !rom Crawfordville in Taliaferro County to Lexington in Oglethorpe County;and tor other purposes.

MoNDAY, MARCH 18, 1935.

1591

By Messrs. Hartsfield,Ramsey and Almand of FultonHouse Bill No. 819. A Bill to be entitled an Act
to amend the State Highway Mileage Act by adding additional mileage of a road in Fulton County;and for other purposes. By Messrs. Hartstield,Ramsey and Almand of Fulton, and Morris of Douglas-
House Bill No. 820. A Bill to be entitled an Act to amend the Neill-Traylor Act by adding a road in Douglas and Fulton Counties known as the Old Austell Road to the Highway System;and for other purposes. By Mr. Almand of Fulton-
House Bill No. 829. A Bill to be entitled an Act to regulate target shooting in certain counties in Georgia on Sundays or holidays;~d for other purposes. By Messrs. Townsend or Dade,Head of Catoosa,SWarm_ or Grady and Wilson or Murray-
House Bill No. 842. A Bill to be entitled an Act to provide tor election of Board ot Education by the people;and for other purposes. By Mr. Jones of Brantley-
House Bill No. 847. A Bill to repeal the Act abolishing the office ot County Treasurer or Brantley County;and for other purposes. By I1r. Jones ot Brantley-
House Bill No. 851. A Bill creating the office ot County Manager or Brantley County;and tor other purposes. By Messrs. Ramsey,Almand and Hartsfield or Fulton-
House Bill No. 867. A Bill to provide Civil Service for Fire Departments in certain cities;and for purposes. By Mr. McCracken or Jefferson-
House Bill No. 869. A Bill adding mileage to the State Aid System in Jefferson County;and for other purposes.

1592

JouRNAL OF THE SENATE,

By Mr. McCracken of JeffersonHouse Bill No. 870. A Bill adding mileage to the
State Aid System in Jefferson County;and for other purposes.

ByHMouessesrBs.ilAl nNsole.y~7G8u.essAanBdi

Lindsey o:r ll amending

DeKalbthe charter

o:r the town o:r Chamblee;and tor other purposes.

By Mr. Hampton o:r FanninHouse Bill No. 898. A Bill amending the charter
o:r the City o:r Blue R!dge;and for other purposes.

By Mr. Benton o:r Jasper-



House Bill No. 911. A Bill to amend the Act cre-

ating the Board o:r Commissioners o:r Roads and Reve-

nues :tor the County o:r Jasper;and for other purposes.

By Mr. Benton o:r JasperHouse Bill No. 912. A Bill to fix the compensa-
tion o:r the County Treasurer o:r Jasper;and :tor other purposes.

By Mr. Benton o:r JasperHouse Bill No. 913. A Bill to consolidate the
offices o:r Tax Receiver and Tax Collector of Jasper County;and for other purposes.

By Mr. Edwards and Mr. Coleman of LowndesHouse Bill No. 311. A Bill authorizing the State
Highway Department to pave a driveway at the Georgia State Womans College;and for other purposes.

The following resolution o:r the House,:ravorably reported by Camm1ttee,was read the second time:

By Messrs. Shedd o:r Wayne and Caswell o:r LibertyHouse Resolution No. 197-898b. A Resolution
designating State Highway Route No. 38 from Savannah westward to the Alabama line as Oglethorpe H1ghway;and ror other purposes.

Senator Lester o:r the 18th District asked unanimous consent that House Bill No. 573 be withdrawn

MoNDAY, MARCH 18, 1935.

1593

tram the Committee on Appropriations,read 2nd ttme and re-committed to the Committee on Appropriations.

The following bill or the House was read 2nd ttme and re-committed:

By Mr. Jones ot Lumpkin-

.

.

House Bill No. 573. A Bill to be entitled an Act

to appropriate to the Regents of the University of

Georgia,$1,000,000.00; and tor other purposes.

The following resolutiOR or the House was read and ordered to lie on the table tor one day:

By Messrs. Hammock ot Randolph,Dorris ot Crisp,Manning or Cobb,Almand ot Fulton,Deal or Bulloch and Welsch or Cobb-
House Resolution No. 228. A Resolution that the Conference Committee of the two houses be instructed to frame a Constitutional amendment to be proposed tor ratification embodying the salient features or home and personal property exemption and ltm1tat1on or taxation upon real estate.

The following resolutions or the House were read the first ttme and referred to committees:

By Mr. Holland or Chattooga- House Resolut1 on No. 123-605b. A Resolut1 on pro-
posing to the qualified voters or Georgia an Amendment to the Constitution or Georgia,so as to authorize Chattooga County to make temporary loans; and tor other purposes.

Committee on Amendments to the Constitution.

By Mr. Dorris ot CriSP-

House viding t

hRaetsotlhuetioun.sN. oH. ig1h8w7a-y86N2bo.s.

A Resolution pro80 and 280,extend-

ing trom Savannah Beach through Savannah,McRae,Cor-

dele and.Americus terminating at the City ot Colum-

bus,shall hereatter be known,designated and main-

tained as .the "Crisp Military H~ghway."

Committee on Highways and Public Roads.

159(.

JouRNAL OF THE SENATE,

By Mr. Gardner of CandlerHouse Resolution No. 211-935a. A Resolution to
provide for release or surety on two certain aP~arance bonds in the penal sum of Two Hundred {$200.00) Dollars each,returnable to the City Court of Metter;and for other purposes.

Committee on Special Judiciary.

By Messrs. Deal and Preston of Bulloch,Perry of

Worth,Young of Sumter,Grayson of Chatham and Ter-

rell or Troup-



House Resolution No. 216-960a. A Resolution to

authorize,empower and direct the State Highway

Department to make a survey of roads and drives on

campuses of institutions comprising the University

System or Georg1a;to determine which or said roads

and drives should be paved;to pave the same and pay

the cost thereof out of the revenue of the Highway

Department-.

Committee on Highways and Public Roads.

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

By Messrs. Barrett,Lanier and Harris or RichmondHouse Bill No. 230. . A Bill to amend an Act en-
titled: "An Act to abolish the present State Board of Medical Examiners tor the State of Georgia; and for other purposes.

Committee on Hygiene and Sanitation.

By Mr. Claxton of JohnsonHouse Bill No. 243. A Bill to provide that the
entorcemant end collection or executions issued tor taxes shall not be deteated because of mistakes, errors,1rregular1t1es,or am1ss1ons;and 'tor other purposes.

Committee on General Judiciary No. 1.

MoNDAY, MARCH 18, 1935.

1595

By Mr. Lewallen of BanksHouse Bill No. 529. A Bill to amend an Act cre-
ating the Piedmont Judicial Circuit of Georgia;and for other purposes.
Committee on Special Judiciary. By Messrs. Arnall of Coweta and McNall of Chatham-
House Bill No. 606. A Bill to give Police Court Recorders Ex-Officio Justice of the Peace powers and authorities in the matter of and pertaining to crfminal cases;and for other purposes.
Committee on Special Judiciary. By Me.3srs. Bloodworth,Bowden and Freeman of Bibb-
House Bill No. 636. A Bill to amend an Act providing for the appointment of Stenographic reporters of City Courts in certain Counties bY Droviding that Stenographic reporters of such City Courts shall be Ex-Officio Court Camnissioners;and for other purposes.
Committee on Special Judiciary. By Messrs. Rivera of Lanier, Townsend of Dade and Head of Catoosa-
House Bill No. 650. A Bill to prohibit the sale of real estate under execution,power of sale and for any other' legal process by lien holders where the title is in dispute;and for other purposes.
Committee on General Judiciary No. 1. By Messrs. Rivers of Lanier,Harris of Richmond and Watson ot Paulding-
House Bill No. 811. A Bill to authorize the municipalities and counties .in this State to construct water works,sewers,etc.,and for other purposes.
Committee on Public Utilities. By Messrs. Dobbins of Morgan and Bland of Stewart-
House Bill No. 877. A 13111 limiting the maximum

1596

JouRNAL or THE SENATE,

charge to be made by hotels and apartment houses tor outside calls through their switchboard;providing penalties tor violation;and tor other purposes.
Committee on General Judiciary No. 1. The tollow1ng bills or the House were read the third time and put upon their passage: By Mr. Atwood or McintoshHouse Bill No. 45. A Bill to be entitled an Act regulating the hunting or Marsh Hens in Mcintosh County;and :tor other purposes. The report or the co.mmittee,which was favorable to the passage or the bill,was agreed to.
o.On the passage or the bill the ayes were 33,nays
The bill having received the requisite Constitutional majority,was passed. By Mr. Atwood o:t Mcintosh-
House Bill No. 46. A Bill amending an Act permitting the taking or catfish in Mcintosh County; and :tor other purposes.
The report or the committee,Which was favorable to the passage or the bill,was agreed to.
o.On the passage or the bill the ayes were 2B,nays
The bill having received the requisite Constitutional majority,was passed. By Mr. Williams o:t Bacon-
House Bill No. 69. A Bill to permit the residents or all counties in this State having a population or not less than 7025 and not more than 7075, to take :tish :tram the waters o:t such counties at ~ time by hook and line only;and :tor other puz~oses.

MoNDAY, MARCH 18, 1935.

159'7

The report of the comm1ttee,Which was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

33,

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

By Mr. Douglass of TalbotHouse Bill No. 174. A Bill to authorize the
County COmm1ssioners,or other County authority,in Counties having a certain population to supplement the compensation of the sheriff;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On
nays

the
o.

passage

of

the

bill

the

ayes

were

27,

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

By Mr. Harris of RichmondHouse Bill No. 289. A Bill requiring banks having
and exercising trust powers,trust compan1es,saving banks and security or guarantee companies doing a trust business to secure uninvested trust tunds; and for.other purposes.

The report or the cammlttee,which was favorable to the passage of the bill,was agreed to.

On
nays

oth.e

passage.or

the

bill

the

ayes

were

26,

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

By Messrs. Thompson Leonard and Brinson of MuscogeeHouse Bill No. 29S. A Bill to authorize the offi-
cers having charge of county arra1rs in counties ot

1598

JouRNAL OF THE SENATE,

a certain population,to appropriate educational tunds to the support of public libraries,maintained by municipal corporations;and for other purposes.
The report of the ca-mmittee,which was favorable
to. the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

32,

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

By Mr. Douglass of TalbotHouse Bill No. 412. A Bill to amend the Code of
Georgia of 1933,relating to examinations of credit unions by the Superintendent of Banks,by providing tees for such exandnations;and for other purposes.

The report of the committee,which.was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

28,

The bill having received the requisite Constitutional majority was passed.

By Messrs. Groves o! Lincoln and Zellner or MonroeHouse Bill No. 456. A Bill to be entitled an Act
to provide for the use of wire baskets and seines for fishing in the waters of Lincoln and Monroe Counties;and for other purposes.

The report of the camm1ttee,wh1ch was favorable to the passage of the b1ll,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

31,

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

MoNDAY, MARCH 18, 1935.

1599

By Messrs. Bennett of Ware,Arnall of Coweta,Spivey or Emanuel,and others-
House Bill No. 493. A Bill to be entitled an Act to provide that any person discharged from Milledgeville State Hospital shall after said date be prima facie presumed to be of sound mdnd;and for other purposes.
The report of the co~ttee,which was favorable to the passage of the bill,was agreed to.

On the passage or the bill the ayes were 27, nays o.

The bill having received the requisite Constitutional majority,was passed. By Messrs. Preston of Walton and Dobbins or Morgan-
House Bill No. 508. A Bill to authorize agencies of the Federal Government to purchase lands for parks and recreational areas in certain counties in Georgia;and for other purposes .

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

32,

The bill having received the requisite Constitu-

tional majority,was passed.

.

By Mr. Culpepper or Echols- .. House Bill No. 584. A Bill to provide for an ad-
d1tionalVottngPrecinct in Mayday Voting Precinct same being 1306th Georgia Militia District in Echols County;and for other purposes.

The report ~f the co.mmittee,which was favorable to the passage of the bill,was agreed to.

o.On the passage of the bill the ayes were 33,nays

1600

JouRNAL OF THE SENATE,

The bill having received the requisite Constitutional majority,wa.s passed.

By Messrs. Guess,Ansley and Lindsay o:r DeKalbHouse Bill No. 651. A Bill to enlarge and more
clearly define the powers and duties o:r county boards o:r Tax Assessors in certain counties;and :tor other purposes.

The report o:r the cammittee,which was favorable to the passage o:r the bill,was agreed to.

On the passage o:r the bill the ayes were 34,nays
o.

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

By Messrs. Arnall o:r Coweta and Spivey o:r EmanuelHouse Bill No. 676. A Bill to impose and :rtx a
license o:r One Thousand Dollars on each person collecting rents or tees on copyrighted mus.i.c;and :tor other purposes.

The report o:r th~ committee,which was favorable to the passage o:r the bill,was agreed to.

On the passage o:r the bill the ayes were 30,
nays o.

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

By Messrs. Douglass o:r Talbot,and Johnston o:t Upso:rrHouse Bill No. 736. A Bill to amend the Neill-
Traylor Act so as to include a road in Talbot and Upson Count1es;and:tor other purposes.

The report ot the comm1ttee,wh1ch was favorable
to the passage o:r the b1ll,was agreed to.

On nays

oth.e

passage

o:r

the

bill

the

ayes

were

33,

MoNDAY, MARCH 18, 1935.

1601

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

By Messrs. Bloodworth,Bowden and Freeman or Bibb. House Bill No. 753. A Bill to authorize certain counties to levy a special tax tor the support or the paupers ot their county in addition to the tax tor this purpose now authorized by law;and tor other purposes.

The report or the conmittee,which was favorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

34,

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

By Mr. Oden ot PierceHouse Bill No. 758. A Bill to repeal an Act en-
titled an Act to allow the qualified voters residing in Blackshear to vote tor the county school Superintendent;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 30, nays o.

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

By Messrs. Alma.nd,Ra,m.sey and Hartsfield or Fulton-. House Bill No. 773. A Bill to supplement the
salaries or the SUperior Court Judges or Fulton County as provided in Section 2-4001 or Title 2 or the Code or 1933;and for other purposes.

The report of the committee,wh1ch was favorable to

the passage of the bill,was agreed to.

.

On the passage or the bill the ayes were 34,nays o



1602

JouRNAL oF THE SENATE,

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

By Messrs. Terrell and West of HallHouse Bill No. 813. A Bill to create a Board or
Commissioners o! Roads and Revenues to name the persons who shall compose this Board and define their powers and duties o! this Board;and !or other purposes.

The committee offered the following amendment to House Bill No. 813:

By striking all or Section 2 and inserting a new

Section 2 as follows:



section 2. Said Board shall consist or three members and tintil their successors are elected and quali!ied,shall be composed of Perino Davis,Tom Randolph,P.C.Smith,the present Commissioners. Each member or said Board,including those herein named, before entering upon the discharge or their duties shall take and subscribe the following oath: 'I do solemnly swear (or affirm) that I will !aith!ully discharge the duties of Commissioners of Roads and Revenues in and :ror the County o! Hall and in all matters which require my official action,! will so act as that in my judgment will be most conducive to the welfare and prosperity o! the entire county and that I am not the holder or any public tunds in the State unaccounted :ror.

Further amends House Bill No. 813 by striking all o:r Section 3 and inserting in lieu thereof a new section three as :follows:

"Section 3. A special election shall be held in said county on the 15th day o! May,l935,!or the election o:r three members o! the Board o:r Commissioners o! Roads and Revenues o:r said County who shall hold office until January 1,1937. Said election shall be held under the rules and regulations governing elections for members o! the General Assembly and governing other special elections.

MoNDAY, MARCH 18, 1935.

1603

The returns thereof shall be made to the ordinary who shall ascertain and declare the result. The members elected at said special election shall serve until January 1,1937,and until their successors are elected and qualified. Thereafter the term of office or the members of the Board of Commissioners of Roads and Revenues of said county shall be !our yea~,andthree members or the Board shall be elected at the general election in 1936 tor a term or !our years, beginning January 1,1937. Elect! ons shall thereafter be held every !our years. No person shall be elected a member or said Board who is at the time or his election less than 25 years or age, of good moral character,and experienced and qualified in the transaction of business. Should a vacancy occur the same shall be filled as provided in Section 15 of this Act."
Further amends House Bill No. 813 by striking from Section 15 thereof the following language appearing at the end of said Section: until the next term of the superior court of said county at which there is a grand jury when a successor shall be elected to fi11 the unexpired term or such person or persons as may have been recalled by the qualified voters of said county, and inserting in lieu thereof the following:
until a special election shall be held in said county as other elections are held,at which a successor shall be elected to fill the unexpired term or any such member. SUch special election shall be held under the same rules and regulations as govern special elections for county officers. The ordinary shall call the same within sixty days !ram the date of the vacancy; Provided, that if any vacancy occurs within ninety days or a general elect1on,the same shall be filled at the general election and if such vacancy occurs within ninety days of the end of the term the successor appointed by the ordinary shall !111 out the unexpired term.
Further amends House Bill No. 813 by striking all of Section 16 and inserting 1n lieu thereof the following:

1604

JouRNAL oF THE SENA:rE,

"Section 16. All members of said Board of Commissioners of Roads and Revenues of said County sha.ll be conmissioned by the Governor as other county officers are commissioned."

Further amends House Bill No. 813 by striking all of section 17.

The committee amendments were adopted.

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

On
were

the passage
27,nays o.

of

the

bill,as

amended,the

ayes

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

By Mr. Weathers of JenkinsHouse Bill No. 818. A Bill to authorize County
Commissioners in certain counties of this State to appropriate funds to support a library;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

34,

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

By Messrs.Lanier,Harr1s,and Barrett of RichmondHouse Bill No. 836. A Bill to remove liens for
water,rent and/or use trom property where water is furnished by City Council of Augusta;and tor other purposes.

The report or the committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill

the

ayes

were

32,

MoNDAY, MARCH 18, 1935.

1605

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

By Messrs. Stephens and Hogan of LaurensHouse Bill No. 865. A Bill to prevent the curtail-
ment of the school term by the County School SUperintendent and the County Boards or Education in certain counties;and tor other purposes.

The report of the committee,Which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill

the

ayes

were

31,

The bill having received the requisite Constitutional major1ty,was passed.

By Nr. Harris of RichmondHouse Bill No. 632. A Bill to amend the Code of
Georgia of 1933,by providing that any regular report of a Bank or Trust Company may be omitted,in the discretion of the Superintendent of Banks,when such bank or Trust Company is not receiving deposits;and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

o.On the passage of the bill the ayes were 28,nays

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

By Messrs. Almand of Walton,Jackson of Bleckley,and Johnson of Seminole-
House Bill No. 134. A Bill making it unlawful for any person to sell planting seed different in variety tram that as advertised;and !or other purposes.

The report of the Cammittee,which was favorable to the passage of the b11l,was agreed to.

1606

JouRNAL oF THE SENATE,

On the passage or the bill the ayes were 26,
nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr; Allen or Baldwin-
House Bill No. 298. A Bill amending Title 13 or the Code ot 1933 excluding therefrom corporations chartered by the Superior Courts;and tor other purposes.
The committee offered an Amendment. Senator Jones ot the 17th District moved the previous question and the motion prevailed. The main question was ordered. The committee amendment was lost. The report or the committee,which was favorable to the passage or the bill was agreed to. On the passage or the bill the ayes were 33, nays 2. The bill having received the requisite Constitutional majority,was passed. Senator Evans or the 29th District gave notice or motion to reconsider the action or the Senate in passing House Bill No. 298. Senator Rawlins or the 45th District moved that House Bill No. 298 be ~ediately transmitted to the House and the motion prevailed. By Mr. Preston or WaltonHouse Bill No. 392. A Bill to provide tor excise tax on all oleomargarine containing any tat;and tor other purposes.

MoNDAY, MARCH 18, 1935.

1607

The report or the committee,which was favorable to the passage of the bill was agr~ed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

26,

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

By Mr. Harris or RichmondHouse Bill No. 181. A Bill to amend Section 13-
401 or the Code of 1933 relating to examination or BankB;and for other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

30,

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

The following resolution of the House was read the third time and put upon its passage:

By Mr. R1vera or LanierHouse Resolution No. 124-605. A Resolution re-
quiring the teachers in the public schools or this State to take an oath of allegiance to the Government or this State and of the United States and to support and defend the Constitution or this State and of the United States.

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

On nays

oth.e

passage

or

the

resolution

the

ayes

were

26,

The resolution having received the requisite Constitutional majority was passed.

16')8

JouRNAL OF THE SENATE,

The following privileged resolutions were read and adopted:
BY Senator Scott of the 7th District-
A Resolution extending ~~e privileges of the floor to Mrs. Rawlins,wife of the Senator of the 45th District.

By Senator Lester of the 18th DistrictA Resolution extending the privileges of the
floor to Mrs. T.G. Mitchell,Sr.,w1fe of the gentleman tram Taliaferro County.

By Senator Lester of the 18th DistrictA Resolution extending the privileges of the
floor to Mrs. R.E.Cannon,w1te of the Senator of the 40th District,

By Senator Atkinson ot the 1st DistrictA Resolution extending the privileges of the
floor to Hon. Harry D. Reed,General Council of the Federal Farm Loan Bank.

By Senator I1ilhollin of the 46th DistrictA Resolution extending the privileges of the
floor to Mrs. R.G.Dickerson,mother of the Senator from the 5th District.

By Senators Milhollin of the 46th District,and Edenfield of the 4th District-
A Resolution extending the privilege of the
floor to Mrs. w. T. Highsmith,Mrs. Thomas G. Rich,
Miss Vonice Rlch and Miss Emma Rich of Jesup, Georgia.

By Senator Jones of the 17th District-.

floAoRr etsoolHuotino.nJoehxntensd. inSgcotthteanpdri

vileges of the Hon. Donald Blount

of Waynesboro,Georgia.

By Senator Goodwin of the 20th District-
floAoRr etsoolHuotino.nTe.xcte.nWdinilglYt,haepprormiviinleengtecs itoifzethneo:t
Washington County.

MoNDAY, MARCH 18, 1935.

1609

By Senator Johnston or the 39th DistrictA Resolution extending_the privileges or the
floor to ~ss Delores Peacock,a most delightful and channing young lady or Cochran,Georg1a.

By unanimous consent further consideration or

House Bill No. 47 was deterred.



Senator Simmorrn o! the 8th District moved that the Senate do adjourn.

The motion prevailed.

Senator Millican o! the 35th District presiding, announced that the Senate stood adjourned until tomorrow morning at 9:00 orclock.

1610

JouRNAL OF THE SENATE,

senate Chamber,Atlanta,Georgia. Tuesday,March 19,1935.

The Senate met,pursuant to adjournment,at 9:00 otclock A.M. this day and was called to order by the President.

Senator Millican of the 35th District asked unan~ mous consent that the calling of the roll be dispensed with and consent was granted.

Senator Hart of the 36th District,Chairman of the Committee on Journals,reported that he had examined the Journal of yesterdayts session and found it correct.

Senator Millican of the 35th District aSked unanimous consent that the reading of the Journal be dispensed with and consent was granted.

The Journal was con!irmed.

Senator Millican of the 35th District asked unanimous consent that when the Senate adjourn today that it reconvene at 2:00 otclock P~. for an after. noon session and consent was granted.

The Rules Committee fixed the following order of business for the forenoon session today,March 19:

1. Introduction of new matter under the rules.

2. Reports of Standing Committees.

3. Second reading of bills favorably reported.

4. Passage of Senate and House local bills,and

general bills with local application.

5. Conference Comm1tt~e reports.

6. Sanate Bills with House amendments and sub-

stitutes for agreement or disagreement.

a7..

Senate General Bills. General House Bills as

follows:

House Bill No. 259.

House Resolution No. 81.

House Bill No. 466.

TUESDAY, MARCH 19, 1935.

1611

House Bill No. 204. House Bill No. 47. House Bill No. 620. House Bill No. 340. House Bill No. 170. House Bill No. 209. House Bill No. 449. House Bill No. 512. House Bill No. 511. House Bill No. 149. House Bill No. 361. House Bill No. 472. House Bill No. 643. Senator Pope or the 15th District asked unanimous consent that Senate Bill No. 254 be wi thdrawn_!or the Committee on Municipal Government,readsecondttme and recommitted to Committee on Municipal Government. The consent was granted. Senator Simmons or the 8th District asked unanimous consent that Senate Bill No. 252 be withdrawn trom the C~ittee on Countie~. and County Matters, read second time and recomm1tted to Co:riiin1ttee on Counties and County Matters. The consent was granted. Senator Scott or the 7th District asked unanimous consent that Senate Bill No. 251 be withdrawn tram the Committee on Highways and Public Roads,read second time and recommitted to Committee on Highways and Public Roads. The consent was granted. Senator Edenfield or the 4th District asked unanimous consent that House Bill No. 745 be withdrawn tram Committee on State or the Republ1c,read second time and recommitted to the Committee on State or the Republic. The consent was granted.

1612

JouRNAL or THE SENATE,

Senator Johnston of the 39th District aSked unanimous consent tha.t Senate Bill No. 253 be withdrawn from the Committee on Special Judiciary,read 2nd time and recommitted to Committee on Special Judiciary.
The consent was granted. Senator Redwine of the 26th District aSked unanimous consent that House Bill No. 230 be withdrawn from the Committee on Hygiene and Sanitation,read 2nd time and recommitted to the Committee on Un1veFsity of Georgia and its Branches. The consent was granted. The following bills ot the Senate and House were read and recommitted: By senator Scott of the 7th DistrictSenate Bill No. 251. A Bill to regulate the business ot General contractors;and tor other purpose~ By Senator Stmmons of the 8th DistrictSenate Bill No. 252. A Bill to be entitled an Act to amend an Act so as to abolish the office of Tax Receiver and TaxCollector of Decatur County and to create in lieu thereof the office of Tax Commissio~ er;and tor other purposes. By Senator Johnston of the 39th DistrictSenate Bill No. 253. A Bill changing the time ot holding the February Ter.m of the Superior Court ot Cherokee County;and for other purposes.
BY Senator Pope of the 15th District-
Senate Bill No. 254. A Bill to amend an Act creating a new charter for the City ot Vidalia;and tor other purposes. By Messrs. Spivey or Emanuel,Freeman of Bibb~and Claxton of Johnson-
House Bill No. 745. A Bill to promote public health,safety,morals and general welfare by prohibiting Marathon contests;and for other purposes.

TuESDAY, MARCH 19, 1935.

1613

The tollow1ng bill or the House was read 2nd time and recommitted to the Committee on University ot Georgia and its Branches: By Messrs. Harris,Lan1er and Barrett or Richmond-
House Bill No. 230. A Bill to amend an Act entitled "An Act to abolish the present State Board ot Medi~al Examinersn; and for other purposes.
Mr. Ragan of the 14th District,Chairman of the Committee on Pensions,submitted the following report: Mr. President:
Your Committee on Pensions have had under consideratton the following Bill or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
Senate Bill No. 150, do not pass. Respectfully submitted{ Ragan ot 14th Distr ct, Chairman.
Mr. Larsen ot the 16th Distr1ct,Cha1nnan of the Committee on General Judiciary Noa 2,submitted the following report: Mr. President:
Your Canm!ttee on General Judiciary No. 2 have had under consideration the following Bills and Resolutions or the Senate and House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 492, do pass. House Bill No. 761, do pass. House Bill No. 312, do pass. House Resolution No. 28-178B~do pass. House Resolution No. 17-36A do pass. House Resolution No. 70-37aA, do pass.

1614

JouRNAL OF THE SENATE,

House Resolution No. 16-35A, do pass. House Resolution No. 88-460C, do pass. House Resolution No. 89-460D, do pass. House Resolution No. 150-665A, do pass. House Resolution No. 168-742A, do pass. Senate Bill No. 223, do pass.
Respecttully submitted, Larsen or 16th District, Chairman.
Mr. Darden or the 51st District,Chairman or the Committee on State or Republic,submitted the following report: Mr. President:
Your Committee on State or Republic have had under consideration the following Bills and Resolutions or the House and have instructed me as Chairmanito report the same back to the Senate with the rol owing recommendations:
House Resolution No. 76-405A, do pass. House Bill No. 612, do pass.
ResAplelcetntuwll.yDsaurdbemnitoterd5, 1st Distric~
Chairman. Mr. McGehee or the 25th District,chairman or the Committee on Temperance,submitted ~he rollowing report: Mr. President: Your Committee on Temperance have had under consideration the following Bills or the House and have instructed me as Chairman, to report the same back to the Senate with the tollowlng recommendations: House Bill No. 90 do pass,as amended. House Bill No. 79!, do pass, as amended.

TUESDAY, MARC!i 19, 1935.

1615

House Bill No. 140, do pass. House Bill No. 141, do pass.
Respectfully submitted, J.H. McGehee or 25th District, Chairman.
Mr. King or the 11th District,Chairman of the Committee on Education,submitted the following report: Mr. President:
Your Committee on Education have had under consideration the following Bills or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 921-, do pass.
House Bill No. 873, do pass. Respectfully submitted, E.R. King or 11th District, Chairman.
Mr. Lester or the 18th District,Chairman of the Committee on Appropriation,submitted the following report: Mr. President:
Your Committee on Appropriation have had under consideration the following Bills or the House and have instructed me as Chairman to report the same back to the Senate with the roilowing recommendations:
House Bill No. 128, do pass. House Bill No. 547, do pass.
Respectfully submitted, W.M.Lester of 18thD1strict, Chairman.

1616

JouRNAL oF THE SENATE,

Mr.Clark of the 44th District,Chairman of the c~ m1ttee on Counties or County Matters,&ubmitted the following report: Mr. President:
Your Committee on Counties and County Matters have had under consideration the following Bill of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
Ser~te Bill No. 252, do pass. Respectfully submitted, Clark of 44th District, Chairman.
Mr. Pope of the 15th District,Chairman of the Committee on Penitentiary,submitted the following report: Mr. President:
Your Committee on Penitentiary have had under consideration the following Bill or the Senate and have instructed me as Chairman,to report the same back to the Senate W1th the following recommendation:
Senate Bill No. 39, do pass. Respectfully submitt&d, Pope of 15th District, 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 by substitute to wit:

TUESDAY, MARCH 19, 1935..

1617

By Messrs. Allen o! Baldwin;McGraw o! Meriwether and Almand o! Fulton-
House Bill No. 291. A Bill to be entitled an Act to provtde !or certain hospitals organized !or the purpose o:r acting solely in behalf o! such hospitals to furnish hospital service;to exempt them !rom provisions o! the insurance laws;and !or other v~poses.
The following message !rom the House was received through Andrew J. Kingery,Clerk. Mr. President:
The House has disagreed to the Senate Substitute as amended to the following resolution o:r the Bouse: By Messrs. Rivers o! Lanier,Harris and Barrett o! Richmond.
House Resolution No. 12-13A. A Resolution proposing to the voters an amendment to the Constitution o! Georgia to exempt !ram taxation,a homestead not exceeding $5,000.00 in value;and !or other purposes.
The Speaker has appointed as a Committee o! Conference on the part o:r the House to confer with a like committee on the part o! the Senate,the following members o! the House.to Wlt:
Messrs .Lanier o:r R1cbmond;Mundy o! Polk and sutton o! Wilkes.
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 o! the House to wit:
By Messrs. Lanier or Richmond and Arnall or CowetaHouse Resolution No. 234. AResolution that the
Senate or Georgia appoint a conference committee on

1618

JouRNAL OF THE SENATE,

House Resolution 12-13A the Homestead Exe.mption;and tor other purposes.

The President lett the Chair and Senator Beasley or the 2nd District presided.

The following bills or the House,ravorably reported by Cammittees,were read the second time:

By Messrs. Hartsfield and Almand o:r FultonHouse Bill No. 71. A Bill to be entitled an Act
to define the crime of sedition and to prescribe the punishment therefor;and tor other purposes.

By Messrs. Culpepper o:r Fayette,and Harris,Lan1er and Barrett of Ric.tnnond-
House Bill No. 90. A Bill to provide :ror license and excise taxes upon the business of dealing in malt beverages;and tor other purposes.

By Mr. Henderson ot Irw1n-

.

House Bill No. 128. A Bill to appropriate $2,500r

00 for the purpose of erecting a marker on the pro-

perty owned by the State in Irwin County where

Jefferson Davis was captured;and tor.other purposes.

By Mr. Dobbins o:r MorganHouse Bill No. 140. A Bill fixing the license
tee for retailing or vending spirituous,intoxicating or malt liquors in Morgan County;and :ror other purposes.

By Mr. Dobbins of MorganHouse Bill No. 141. A Bill to repeal an Act a~
proved November 30th,l900,prohibit1ng the manufacture in Morgan County of any alcoholic spirituous, malt,or intoxicating liquors;and for other purposes.

By Mr. Wrench or CharltonHouse Bill No. 312. A Bill requiring all lodging
houses,tourist camps,or other places where guest are received !or lodging,to keep registers of gties~ and !or other purposes.

TuESDAY, MARCH 19, 1935.

1619

By Messrs. Bennett of Ware,Harris of Richmond,and others-
House Bill No. 492. A Bill to provide that the finding or judgment of a court or competent jurisdiction in a proceeding to test the sanity and mental capacity of a person shall,on date or rendition, be conclusive or sanity and mental capacity;and tor other purposes.

By Mr. Smith or :Madison,and Mrs. Coxon of Long-

House Bill No. 547. memorial to the memory

A Bill of Dr.

Cprroawvifdoirndgwt.unLdosngt;oanrd

tor other purposes.

By Messrs. Edwarde and Coleman of LowndesHouse Bill No. 761. A Bill to amend Section 95-
802 or the 1933 Code and adding thereto a provision exempting the citizens or Lowndes County !rom the provisions or said Section;and for other purposes.

By Mr. Cobb or ClarkeHouse Bill No. 791. A Bill to legalize the making
of light domestic wines;and for other purposes.

By Mr. Moore of HaralsonHouse Bill No. 873. A Bill to grant to the City
ot Tallapoosa authority to establish and maintain public schools in the limits of said City by local taxation;and tor other purposes.

By Messrs. Manning and Welsch of CobbHouse Bill No. 921. A Bill to amend an Act es-
tablishing a system of public schools tor the Town ot Acworth;and tor other purposes.

The following bill of the Senate,favorably reported by conmittee,was read the second time:

By Senator Dennis of the 28th DistrictSenate Bill No. 223. A Bill to amend Section 6-
906 ot Chapter 6-9 ot the Code of Georgia of 1933
relative to Bills of Exceptions and verification or same;and for other purposes.

1620

JouRNAL oF THE SENATE,

The following Resolutions o! the House,!avorably reported by committees,were read the second time:

By Messrs. Arnall and Dyer o! CowetaHouse Resolution No. 16-35a. A Resolution to re-
lieve A. L. Fuller as surety on forfeited recognizance.

By Messrs. Arnall and Dyer o! CowetaHouse Resolution No. 17-36a. A Resolution to re-
lieve T. G. Farmer,Jr.,as County Administrator o! Coweta County and the sureties on his bond !rom payment o! interest to Estate of George Lee.

By Mr. Leonard o! Muscogee-

House relieve

wR.esco.luMtioatnhiNs oa. s2s8u-1r7e8tyb.

A Resolution to on bond;and !or

other purposes.

By Messrs. Parker and Shirah o! ColquittHouse Resolution No. 70-372a. A Resolution to re-
lieve J. L. Russell and Will Kilgore as sureties on a bond.

By Messrs. Cobb o! Clarke and Allen or BaldwinHouse Resolution No. 76-405av A Resolution des-
ignating the Brown Thrasher !or State Bird,and the Pine Tree !or the State Tree.

By Mr. Saunders of HarrisHouse Resolution No. 88-460c. A Resolution to re-
lieve F.L. Cook as surety on bond.

By Mr. Kelley o! Elbert-

House relieve

Rc.esso.luAtilolennNoo!.

89-460d. A Resolution to bond in Elbert County;and

tor other purposes.

By Messrs. Bannister and Tipton o! ThomasHouse Resolution No. 150-665a. A Resolution to
relieve James Dixon as surety on bond in City Court o! Thomasville;and for other purposes.

TUESDAY, MARCH 19, 1935.

1621

By Messrs. Tipton and Bannister ot ThomasHouse Resolution No. 168-742a. A Resolution re-
lieving J. N. Randall as surety on bond o:r Willie Davis in City Court ot Thomasville;and tor other purposes.

Senator Scott ot the 7th Distrfct asked unanimous consent that Senate Bill No. 39 be recommitted to the Committee on State ot the Republic.

The consent was granted.

The following local bill o:r the Senate was read third time and put upon its passage:

By Senator McGinty ot the 43rd DistrictSenate Bill No. 240. A Sill to be entitled an Act
to amend an Act creating a Board ot Roads and Revenues ot MUrray County;and tor other purposes.

Senator McGinty o:r the 43rd District offered the following substitute tor Senate Bill No. 240:

A BILL

To be entitled an Act to amend an Act approved

Finecblruusairvye1)0e1 1n9t3it3l(eGdeo"rAgniaALcatwtso19c3r3e

a1 pteagaesB6o2a6rdt

o o

634-
t

Roads and Revenues o:r MUrray County;to determine by

ballot the number comprising the said board;to pro-

vide tor an election;to prescribe the term ot ottice

ot the

th re

e o

:

members r;electio

o n

r

member or the

s

or uc

said cesso

boar r or

dsu1 acncde

d ss

u o

tie rs;

s

to fix ~he term ot office o:r the member or members

and compensation;to provide tor appointment o:r a

clerk and attorney tor said board;and to fix their

compensation;to provide tor tilling a vacancy;to

provide tor a superintendent ot roads and bridges,

and to fix his ter.m or ottice and compensation;

and tor other purposes," by striking all sections

or parts ot sections providing tor an election to

determine by ballot the number comprising the said

boardibY striking all sections or parts ot sections

prov1a1ng tor a one-man board;by redefining the

powers and duties o:r said board;by designating the

1622

JouRNAL OF THE SENATE,

members or said board and providing tor the election ot members;by providing that the Ordinary of MUrray County shall act as clerk and fixing his duties and compensationb,y providing tor the posting or a monthly statement;by striking the provision allowing more than one attorney;by abolishing the office ot superintendent or roads and bridges;by prohibiting members from employing relatives and having financial interest in transactions;by renumbering sections;and-tor other purposes.
SECTION 1. Be it enacted by the General Assembly or Georgia, and it is hereby enacted by the authority or the same,that an Act approved February 10,1933(Georgia Laws 1933,pages 626 to 634 inclusive),entitled "An Act to create a Board or Roads and Revenues or Murray County;to determine by ballot the number comprising the said board;to provide tor an election;to prescribe the term or office or the members ot member or said board,and duties thereot;election ot the successor or successors;to fix the ~erm or office of the member or members and compensation; to provide for appointment or a clerk and attorney for said board;and to fix their campensation;to provide for filling a vacancy;to provide tor a superintendent or roads and bridges,and to fix his term or office and compensation;and tor other purposes,"be and the same is hereby amended b~ striking the words "or to consist of one member where they appear in the fifth line or Section 1 or said Act as published in Georgia Laws 1933,so that Section l,when amended,shall read: Section 1. Be it enacted by the General Assembly ot Georgia,and it is hereby enacted by authority or the same,that there 1s hereby created a Board ot Roads and Revenues for the County or Murray,to consist of three members,whlch board shall have authority and control over the fiscal and other arta1rs or said county,and over th~ roads,bridges, and buildings or said county,and shall generally exercise such authority and control or said county as is provided by law for a board or roads and revenues.

TuESDAY, MARCH 19, 1935.

1623

SECTION 2. Be it enacted by the authority aforesaid,and it is nereby enacted by authority of same,that said Act be further amended by striking Section 2 in its entirety,and by inserting in lieu thereof a new section to be numbered section 2,and to read as follows: Section 2. Except Where otherwise provided in this Act the powers and duties of the said Board of Roads and Revenues shall be as defined by Code (1933) of Georgia with reference to the powers and duties of the authorities in charge of the control and management of county affairs.
SECTION 3. Be it enacted by the authority aforesaid,and it is hereby enacted by the authority of same,that said Act be further amended by striking Section 3 in its entirety,and by inserting in lieu thereof a new section to be numbered Section 3,end to read as follows: Section 3. Be it further enacted by the authority aforesaid,and it is hereby enacted by the authority of same,that the members of the Board of Roads and Revenu~s in office on March 15,1935,shall serve until the expiration of the term for which they were elected or until they are removed fram office as hereinafter provided. In all elections for members of said Board of Roads and Revenues the three candidates for such office who receive the highest number of votes shall be declared elected, except in case of elections to fill vacancies caused by death,resignation or otherwise,in which event the candidate receiving the highest number of votes shall be declared elected.
SECTION 4. Be it enacted by the authority aforesaid,and 1t 1s hereby enacted by the authority of same,that said act be further amended by striking Section 4 in its entirety,and by inserting in lieu thereof a new section to be numbered Section 4,and to read as follows:

1624

JouRNAL oF THE SENATE,

Section 4. Be it further enacted by the authority aforesa1d,and it is hereby enacted by the author!ty of same, that the Board of Roads and Revenues provided for in this Act shall hold office until January lst,l937,unless removed from office as hereinafter prov1ded,and thereafter the term of office shall be for a period of four years. In case of a vacancy on the said board the member elected to fill the vacancy shall be elected for the unexpired term. The successors of said board shall be elected at the general election held in the month of November,l936,and shall hold office until their successors have been elected and qualified.
SECTION 5.
Be it enacted by the authority aforesa1d,and it is hereby enacted by the authority of same,that said Act be further amended by striking Section 6 in its ent1rety,and by inserting in lieu thereof a new section to be numbered Section 6,and to read as follows:
Section 6. Be it further enacted by the authority aforesa1d,and it is hereby enacted by the authority of same,that the members of said Board of Roads and Revenues shall be subject to removal from office at any time by the qualified voters of the county in the following manner to wit:
When a petition signed by one-fifth of the qualified voters of Murray county shall be filed wlth the Ordinary of the county,nam1ng one or more members of the Board of Roads aud Revenues of Murray County and requesting that an election be called for the purpose of submitting to the qualified voters of the county the question of removing said members or member from the board, the Ordinary shall call an election to be held in not less than twenty days nor more than thirty days after the filing of such petition. In all elections submitting the question of the removal of members of the board to the qualified voters of the county 1n which it is sought to remove more than one member of the board,

TuESDAY, MARCH 19, 1935.

1625

the ballot shall be arranged in such a manner as to

allow the voters to vote on thG removal of each

member separately. Those voting for the removal of

a member shall have written or printed on their

ballots tha words "For the removal or ,"

naming the board member,and those voting against

the removal or a member shall have written or print-

ed on their ballots the words "Against the removal

ot ., "naming the board member. The elec-

tion shall be held in a manner prescribed by law

tor the holding or elections tor the election of

members tram the

of the sever

aGl evnoetrianlgApsrsaemcibnlyc~1sandoft

he r the

eturns county

consolidated as by law in the case of such elec-

tions. The returns ot the board of consolidation

shall be reduced to writing and signed by a major-

ity or the members o! such board and tiled in the

office or the ordinary or the county,and the Ordi-

nary shall record the same upon the minutes or the

court or Ordinary or the county. A certified copy

thereof trom the court or ordinary shall be admissi-

.ble as evidence or the returns or such a board of

consolidation in any court or other tribunal. It

the declared favor or the

result removal

or or

t

he
an

yemieecmtbie~rnosthsaalildbbeoianrd

the Ordinary shall so declare and call an election

as otherwise provided in this act tor elections to

till vacancies. I! the declared result is against

the removal or any member or said board,no other

election tor the purpose or submitting the question

ot the removal o! that particular member shall be

held within twelve months. The expense incident

to the holding o! such election shall be paid out

or the general fund or the county.

SECTION 6. Be it enacted by the authority aforesaid and it is hereby enacted by the authority of same,that said Act be turther amended by striking Section 8 in its entirety,and inserting in lieu therefor a new section to be numbered Section a,and to read as follows:

Section a.- Be it further enacted by the authority atoresaid,and it is hereby enacted by authority ot

1626

JouRNAL oF THE SENATE,

same,that the Ordinary or MUrray County shall be the clerk or said Board or Roads and Revenues,at a salary or $20 (twenty dollars) per month. It shall be the duty or said clerk to attend all meetings or the board and to keep in well bound books, to be provided by the board at the expense ot the county, tull and accurate records and minutes or all the proceedings and transactions or said board,and a book showing itemized accounts or all receipts and disbursements, to !ile 1n order or their dates all original bills and statements and claims rendered against the county,showing the approval !or payment by the board or roads and revenues,and to arrange and !1le any orders,pet1tions,applicat1ons,and other papers addressed to and belonging to the board,
and to issue and sign as clerk all checks or war-
rants against the county !unds in any depos1tory or county !unds, in payment or approved pills and statements or montes due by said county,and all checks or warrants so issued and signed must be countersigned
by the chairman or said board which checks or war-
rants shall be numbered and stubbed,and show tor what purpose drawn,and recorded in proper disbursement docket. All books,papers,letters,and documents showing the disbursement or any tunds and the various transactions or the board shall be kept by the clerk or said board in the o!!ice or the board at the courthouse in MUrray county,and subject to the examination and inspection by any taxpayer at any time.
SECTION 7. Be it enacted by the authority aforesaid and it is hereby enacted by the authority or same,that said act be further amended by striking Section 9 in its entirety,and inserting in lieu thereot a new section to be numbered Section 9,and to read as follows: Section 9. Be 1t further enacted by the author!ty aroresaid,and it is hereby enacted by authority or same,that it shall be the duty or the clerk to post monthly,at some place in the court house where it may be inspected by the publie,an itemized statement

TuESDAY, MARCH 19, 1935.

1627

or the financial conditions or said county,show1ng ln detail all tunds paid into the county treasury and trom what source received;also showing in detail all disbursements made by said county;also showing an itemized statement or all accounts paid and showing who made the purchases. Such posted statement shall also show the balance on hand or the warrants outstanding.
SECTION 8. Be it enacted by the authority atoresaid and it is hereby enacted by authority of same,that said Act be further amended by striking the last sentence in Section 10 so that Section lO,When amended,shall read: Section 10. Be it turther enacted by the author ity aforesaid,that said board of roads and revenues shall have authority to employ a competent attorney at law to advise them and represent the county in any litigation which may arise in which said county is a party. Said board shall pay said county attorney such compensation as may be agreed upon,not in excess of $150.00,per annum,for his services in advising said board.
SECTION 9. Be it enacted by the authority atoresaid and it is hereby enacted by authority of same,that said Act be further amended by striking all reference to a one-man board in Section ll,so that Section 11, when amended,shall read: Section 11. Be it further enacted by the authority aforesaid,that said board ot roads and revenues may select some solvent bank in said county as a depository or the county tunds,which depository so selected shall receive all tunds ot the county,and disburse the same only on vouchers signed by the chairman ot said board;except it may pay the jury script and court bailiff's hlre,issued by the clerk ot the superior court,and orders drawn by the judge ot the superior court of sald county. SUch depository so selected shall keep a record ot all

1628

JouRNAL oF THE SENATE,

funds of the county,and make a report thereof once a month to said board,tree ot charge to the county.

SECTION 10.

Be it enacted by the authority aforesaid and it

is hereby enacted by the authority of same,that

said act be turther amended by striking Section 12

in i new

ts entir section

etoty1oaendnuminbseererdti

ng in li Section

eu thereof 12,and to r

a ead

as follows:

section 12. Be it further enacted by the authority atoresaid,that the members of said board shall no~ employ any person related to any member within the titth degree either by blood or marriage,or to . contract with such person or persons tor any equiPment,material,or supplies,or tor any work to be done on the public roads,bridges,or other works ot the county,except when bids are received tor equ1Pment,material,or supplies,or tor work to be done on public roads,bridges,or other works ot the county, Upon full specifications and due advertisements in regard thereto and a person related to any member is the lowest bidder therefor.

SECTION 11. Be it enacted by the authority aforesaid and it is hereby enacted by the authority of same,that said act be turther amended by striking Section 13 in its entirety,and inserting in lieu thereof a new section to be numbered Section 13, and to read as follows:

Section 13. Be it further enacted by the authority atoresaid,that no member of said board of roads and revenues,the clerk ot the board,the superintendent of roads and br1dges,convict warden,or any other person in the employment of-MUrray county, or any other person empla,yed either directly or indirectly shall have any financial interest in the purchase ot goods ,wares ,ar merchandise, supplies, machinery,or equiliJlent purchased tor Murray county; or receive any banus,percentage,gitt,or any other thing of value tor the purchase ot any article sold

TUESDAY, MARCH 19, 1935

1629

to said County of Murray,or bought from said county of Murray,by any person,tirm,or corporation;or accept any tree tr1ps,or tree transportat1on,or any other thing ot pleasure or value trom any person, tirm,or corporation,who contemplates selling any article to the county of Murray or purchasing any article rrom the county of Murray.

SECTION 12. Be it enacted by the authority aforesaid and it is hereby enacted by the authority of same,that said Act be further amended by striking section 14 in its entirety,and by changing the numbers ot Section 15, section 16,and Section 17 to Section 14,Section 15 and Section 16,respectively.

SECTION 13. Be it enacted by the authority aforesaid and it is hereby enacted by authority ot same,that ail laws or parts of laws in conflict with this Act be and the same are hereby repealed.

The substitute was adopted.

The report ot the conunittee which v.as favorable to the passage ot the bill,was agreed to,by substitute.

on
were

3th2e,npayasssaog.e

or

the

bill,by

substitute,the

ayes

The bill{by subst1tute,having received the requisite Const tutional majorit~,was passed. BY Senator Millican or the 35th District-
Senate Bill No. 99. A Bill to authorize any municipality and County having a population ot 200,000, or more,to contract one with the other with refer-
ence to disposal or sewerage;and tor other purposes.

By Unanimous consent the Senate Bill No. 99 was tabled.

Senator Lester or the 18th District asked unanimous consent that House Bills No. 54l,No.542 and No.554

1630

Jou_RNAL OF THE SENATE,

be recommitted to the Committee on Counties and County Matters and consent was granted.

Senator Johnston or the 39th District asked ,nruanfmous consent that House Bill No. 920 be withdrawn !2rnodmtiCmoemmanidttereecoonmCmoiuttnetdietsoanthdeCCooumntmy iMtteaettoenrs~roeuand ties and County Matters.

The consent was granted.

The tollowing bill or the House was read second time and recommitted to the Committee on Counties and County Matters:

By Mr. Morris or DouglasHouse Bill No. 920. A Bill to abolish the office
ot Tax Receiver and Tax Collector o! Douglas County, to create the o!!ice or Tax Commissioner;and tor other purposes.

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

By Mr. Regan of HenryHouse Bill No. 257. A Bill to be entitled an Act
to amend an Act designating the Highway Mileage, by adding additional mileage in Decatur,DeKalb and Spalding Counties;and for other purposes.

The report of the conmitte,wh1 ch was favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

o!

the

bill

the

ayes

were

26,

The bill having received the requisite Constitutional major1ty,was passed.

By Mr. Mallory or Twiggs- " House Bill No. 702. A Bill to be entitled an Act
requiring certain officers or the County ot Twiggs to publish quarterly reports showing an ite~zed statement of all receipts and disbursements for such quarter;and !or other purposes.

TuESDAY, MARCH 19, 1935.

1631

l'he report ot the cCIIDD1ttee.which s favorable to ~he passage ot the bill,was agreed ~o.

on
nays

oth.e

passage

ot

the

bill

the

ayes

were

29

. The bill-having received the requisite Constitutional Jna.jority,was passed.

By Mr. Johnston ot UpsonHouse Bill No. 738. A Bill to be entitled an Act
to change the amount ot the bond ot the Sheriff of upson County;and tor other purposes.

The report ot the committee,which was favorable to the passage ot the bill,was agreed to.

OB_the passage ot the bill the ayes were 31,
nays o.

Tbe bill having received the requisite Constitutional major1ty,was passed.

By' Mr. Jones ot BrantleyHause Bill No. 847. A Bill to be entitled an Act
to repeal an Act abolishing the ottice ot County Treasurer o! Br~tley County;and tor other purposes.

The report or the coDmlttee,wh1ch was ravorable to the passage ot the bill,was agreed to.

On the passage ot the bill the ayes were 29,nays

O



-

The bill bav1ng received the reQUlsite Constitutional majority,wa.s passed.

ByH:::z-~il~~Y~~n~ ~~H~t~i:~~1~f~~o:~t
to provide c1v11 service tor tire departments in cities ot 200,000 or more;and tor other purposes.
The report ot the CODIIlittee,which was favorable to the passage ot the bill,was agreed to.

1632

JouRNAL OF THE SENATE,

On the passage ot the bill the ayes were 26,
nays o.

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

By Mr. Hampton ot FanninHouse- Bill No 898. A Bill to be entitled an Act
to- amend,consolidate and supersede the several Acts incorporating the City ot Blue Ridge,Fann1n County,Georgia;and tor other purposes.

The report ot the conmittee,which was favorable to the passage ot the bill,was agreed to.

On
nays

oth.e

passage

ot

the

bill

the

ayes

were

30,

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

By Mr. Benton ot JasperHouse Bill No. 912. A Bill to ~e entitled an Act
to tix the compensation ot the County Treasurer ot Jasper County;and tor other purposes.

The report ot the committee,which was tav~rable to the passage ot the bill,was agreed to.
on the passage ot the bill the ayes were 30,
nays o.

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

By Mr. B~nton ot .JasperHouse Blll No. 913. A Bill to be entitled an Act
to cons~lidate the ottices ot tax receiver and tax collector ot Jasper County,to create the ottice ot tax commissioner;and tor other purposes.

The report ot the committee,which was favorable to the passage ot the bill,was agreed to.

TUESDAY, MARCH 19, 1935.

1633

on the passage or the bill the ayes were 29,
nays o.

The bill ~ving received the requisite Constitutional majority,was passed.

By Messrs. Joel and Cobb ot ClarkeHouse Bill No. 658. A Bill to be antitled an Act
to require candidates for General As~bly in primary elections in counties or a certain population to designate the candidate they oppose and the position for which they ofter;and tor other purposes.

Senator Rucker ot the 50th District offered the following amendment to House Bill No. 658:

By adding a section thereto to be numbered Section Two as follows:

8 All laws and parts or 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 ot the b1ll,as amended,was agreed to.

on the passage ot the b1ll,as amended,the ayes
were 28,nays o
.
The bill,as amended,hav1ng received the requisite . Constitutional majority,was passed.

By Messrs. Almand and Hartsfield ot Fulton-

House Bill No. 677. A Bili to beentitled an Act

to amend an Act approved March primary elections 1n cities ot

223001 1,090303

regulating or more,by

inserting a new section extending ~er.ms ot execu-

tive committees to three years;and tor other pur-

poses.



Senator Millican ot the 35th District offered the following amendment to House Bill No. 677:

1634

JouRNAL OF THE SENATE,

By striking tram Section l,Line 16~beginning with the words "No person holding any ottice or employment in any city whose otticials are subject to nomination in any pr~ary held by said committee", and insert in lieu thereof the following: "No person holding any ottice or amploym~nt in any city or county government,so that said sentence when amended shall read as follows: "No person holding any ottice or employment in any city or county government shall be eligible to serve as a member ot such committee".

Further amend by adding a new section to be known as Section 1-A reading as tollows: "In all primary elections Where there may be more than one ottice ot the same kind to be tilled !rom any one ward, said executive committee shall require all candidates therefore to siecity the particular ottice they desire ~o till.

The amendment was adopted.

The report ot the cammittee,wb1ch was favorable to-the passage ot the bill,as amended,was agreed to.

On
were

2th7e,napyasssaog.e

ot

the

bill,as

amended, the

ayes

The bill,as amended,having received the requisite . Constitutional maj ori'&Y,was passed.

By Messrs. Hartstield,Ramsey and Almand ot FultonHouse Bill No. 771. A Bill to be entitled an Act
to amend an Act establishing the Criminal Court ot Atlanta so as to reduce and tix the amount ot the annual salaries to be paid the Judge,the Solicitor General or said Court;and tor other purposes.

Senator Millican or the 35th District ottered the following amendment to House Bill No. 771:

By striking out the word in Section 1 ot said bill which appears in the last sentence ot said

TuESDAY, MARCH 19, 1935.

1635

Section,"Five Thousand ($5000.00) Dollars and inserting in lieu thereof the following words to wit:
"Not less than Five Thousand ($5,000 .oo) Dollars
nor more than Five Thousand Eight Hundred Twenty ($5,820.00) Dollars".

To further amend said House Bill by adding thereto a new Section to be known as Section 1-A:

Be it further enacted by the authority aforesaid that the Act establishing the Criminal Court of Atlanta,approved September 6,1891 and the several Acts amendatory thereof be and the same are herebY amended by adding a new Section to read as follows:

- The office of second Deputy Solicitor General of said Court is hereby established. Said second Deputy Solicitor General shall be appointed by the Solicitor General of said Court and serve at the pleasure of such Solicitor General.

The annual salary of tbe second Deputy Solicitor

General of said Court shall be not less than Thirty

Six Hundred ($3,600.00)Dollars Thousand Eight Hundred Twenty

f$n4o,r8m20o.roeot)haDnolFloaursr,

payable montbly,out of the County Treasury.

To further amend said.House Bill by adding at the end of Section 1-A the following:

"This Act Shall become effective January lst,l937.

. The amendment was adopte<t.

The report of the CODIJlittee,which was favorable to the passage of the bill,as amend&d,was agreed to.

On the passage of the bill,as amended, the ayes
were 29,nays o.

The bill,as amended~ving received the requisite Constitutional majoriliY,was passed.

1636

JouRNAL oF THE SENATE,

By Mr. Jones ot BrantleyHouse Bill No. 851. A Bill to be entitled an Act
creating and establiShing tor Brantley County, Georg1a,a County Manager,prov1d1ng tor his qualifications and elect1on,t1x1ng his bond,campensat1on; and tor other purposes.

Senator Strickland ot the 3rd District ortered the tollov.1.ng subst!tute to House Bill No. 851-

A BIU. To be entitled an Act creating and establiShing tor Brantley County!Georgia,a County Manager;prov1ding tor his qual t1cation and election;t1x1ng his bond,compensation and dut1es;and tor other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

SECTION .ONE.

That the County Commissioners ot Brantley County

sha the

ll at sum

te ot

r$J2an00u0ar.oyo1',&1O93th7eeOacrhdienxaerycuotet

a bond in said County

ot the tinanclal performance ot their m1t1es as

Commissioner ot Brantley County and as provided

therein,Wh1ch bond Shall be executed by a reliable

bonding or insurance company, or by 1nd1Viduals aP-

proved by the Ordinary,and the Ordinary shall keep

the same and have the right ror and in bebalt of

the County to use thereon tor any breach thereot.

SECTION TWO. Be it further enacted by the author!ty atoresaid that the Board ot Comm1ss1oners ot Brantley County atter January 1 1937 shall not incur tor and in behalt ot said 6ounty any dut1es,b1lls,or obliga-
tions ot any k1nd.or character,Bhall not purchase
any property on account, shall not make any contracts tor o.r in behalt ot said County entailing any indebtedness or liability tor future payments by said County,except said current bills as can be paid by the t1rst Tuesday in the tollow1ng month, but Shall operate and conduct.all ot the business

TuESDAY, MARCH 19, 1935.

1637

arrairs or said County coming under their management and control on a cash basis,except as herein provided. The said County Co.mm1ssioners shall not have the right or authority to borrow any money tor and in behalf or said County.nor to sell at discount any.note,warrants or other obligations of said county,but shall conduct and operate its a:rtairs coming under their control and management strictly within the funds at their disposal. The said County Commissioners shall when it is possible to do so, purchase all equipment,materials and.supplies or
said county,in the County ot Brantley,and trom citi-
zens thereotand no purchases.amounting to $50.00 or more shall be mad& except upon and after at least ten days advertisements tor bids thereon,the lowest and best bid to be accepted. The said Board or County Commissioners shall publish in the otticial organ or said County monthly reports,showing all receipts and disbursements tor the previous mon~i the same to be paid tor by the County at the us legal rate.

SECTION THREE.
Be it further enacted by the authority aforesaid that all laws and parts or laws in contlict herewith be and the same are hereby repealed.

The substitute was adopted.

The report of the cammittee,Wh1ch was favorable to the passage or the bill,by substitute,was agreed to.

On
ere

3th0e,napyasssaog.e

or

the

bill,by

substitute,the

ayes

The bill{by substitute,having received the requiite Const tutional majority,was passed.

Messrs. Edwards and Coleman or LowndesHouse Bill No. 311. A Bill to authorize the State igbway Department to grade and pave approximately ne mile or driveway on State property at Georgia tate womanrs College at Valdosta;and tor other puroses.

1638

, JouRNAL or THE SENATE,

The. report ot the eomm1ttee,which was ~avorable to.the passage ot the bill,was agreed to.

on the passage ot the bill the ayes were 26, nays o.

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

By Messrs. Standard ot Wilcox,Thrasher ot Turner and Lee ot PulaSki-
House Bill No. 433. A Bill to increase the mileage ot the State Aid Road System py the addition ot roads in certain counties;and tor other purposes.

The report ot the committee,which was favorable to the passage ot the bill,was agreed to.

On the passage ot the bill the ayes were 28,
nays o.

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

By Mr. Watkins ot OglethorpeHouse Bill No. 782. A Bill to increase the mile-
age of the State Aid Road System by adding a road from Crawfordville to Lex1ngton;and tor other purposes
. The report ot the eommittee,whiCh was favorable to the passage ot the bill,wa.s agreed to.

On
nays

oth.e

passage

ot

the

bill

the

ayes

were

Zl,

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

By Messrs. Hartstield,Ramsey and Almand ot Fulton-
House Bill No. 819. A Bill to amend the State Highway Mileage Act by adding additional ~leage ot a road in Fulton County;antt tor other purposes.

TUESDAY, MARCH 19, 1935.

1639

The report ot the committee,Which was favorable to the passage ot the bill,was agreed to.
on the passage of the bill the ayes were 29, nays o.

~e bill having received the requisite Conetitutional majority,was passed.

By Messrs. Hartstield,Ramsey and Almand ot Fulton, Morris of Douglas-
House Bill No. 820. A Bill to amend the NeillTraylor Act by adding a road in Douglas and Fulton Counties,known as the old Austell Road to the Highway System;and for other purposes.

The report of the conmittee,Which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

26,

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

By Mr. Almand of FultonHouse Bill No. 829. A Bill to regulate target
shooting in certain counties in Georgia on Sundays or holidays;and for other purposes.

The report ot the comm1ttee,which was favorable to the passage ot the bill,was agreed to.

On
nays

oth.e

passage. ot

the

bill

the

ayes

were

27,

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

By Mr. McCracken of JeffersonHouse Bill No. 869. A Bill to amend the Highway
Mileage Act by adding additional mileage in Jefferson County;and tor other purposes.

1640

JouRNAL OF THE SENATE,

The report o! the committee,which was favorable to.the passage ot the bill,was agreed to.

On the passage or the bill the ayes were 28,
nays o.

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

By Mr. McCracken or JeffersonHouse Bill No. 870. A Bill to amend an Act de-
signating the Highway Mileage by adding additional mileage in Jefferson County;and !or other purposes.

The report ot the conmittee,which was favorable to the passage of the bill,was agreed to.

On the passage o! the bill the ayes were 28,
nays o.

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

By Messrs. Gammage of Terrell,Booth or Barrow and Terrell of Troup-
House Bill No. 259. A Bill to provide tor the payment of accrued pensions of Confederate soldiers at their death,to be paid to their estates;and tar other purposes.

The report ot the committee,wn1ch was favorable to the passage o! the bill,was agreed to.

On
nays

oth.e

passage

of

the

bill

the

ayes

were

30,

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

By Mr. Settle ot ButtsHouse Bill No. 406. A Bill to amend Chapter 86-
9 ot the Code of Georgia ot 1~ 1 by amending Section 86-903,by providing !or pay and allowance as tor like grades ot officers and enlisted men in

TuESDAY, MARCH 19, 1935.

1641

active service in the u.s. Army;and tor other pur-
poses.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

on the passage or the bill the ayes were 28, nays o.

The bill having received the requisite Constitutional majority was passed.

By Messrs. Ansley Guess and Lindsay or DeKa.lbHouse Bill No. A7a. A Bill to revise,amend,con-
solidate and supersede the Act creating a Charter tor the Town or Chamblee,so as to create a new Charter;and tor other purposes.

The report or the cmmnittee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 29, nays o.

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

The following Resolution or the House was read the third time and put upon its passage:

By Messrs. Shedd or Wayne and Caswell or LibertyHouse Resolution No. 197-898b. A Resolution
designating State Highway Route Mo.58 tram savannab
westward to the Alabama line as Oglethorpe Highway; and tor other purposes.

toTthheereppasosratgeorotrhethecormemsoitltueteiownh,wichaswaas~efeadvotroab. le

On the passage or the resolution the ayes were 26,

nays o.



The resolution having received the requisite Constitutional major1ty,was passed.

JouRNAL oF THE SENATE,

The tollow1ng bill ot the senate was intl"oduced, read the tirst time and referred to Committee on Municipal Government:

By Senator Evans ot the 29th District-



Senate Bill No. 256. A Bill to amend the Charter

ot the Town ot Dearing;and tor other purposes.

The President resumed the Chair.

Senator Jones o:r the 17th arose to a point or personal privilege and addressed the Senate.

The tollowfng con:terence committee- report on

Senate tion o

Bill t rea

No. l es

t

175
ate

1aa tb~ ill

rel~ting to the redempsales,was re~d and adop"t-<

ed:





Mr. President:

Your Conterenee Comnittee,appointed byyourself to meet with a like Conterence Cammitt~e appointed by the Speaker ot the liouse,bas met with said Committee in an ettort to agree on different positions o! the House and Senate on Senate BilL No. 175,and begs to submit the tollow1~report:

Your Committee recommends that the Senate concur with the House in the tollowing substitutes to said Senate Bill No. 175, its substitute and amend.;.; ment:

A BILL

TO BE ENTITLED AN ACT TO AMEND TITLE 92 PUBLIC

REVENUES CHAPTER 92-82, "PURCHASE BY COUNTIES AT

TAX SALm" OF THE CODE OF GEORGIA OF 1933 BY



STRIKING AND REPEALING ALL OF SECTION 92-820l,WHICH

PROVIDES FOR THE PURCHASE OF PROPERTY BY COUN.l'IES

AT TAX SALES AND ENACT IN LIEU THEREOF A NEW SEC-

TION AUTHORIZING COUNTY AUTHORITIES TO PURCHASE

PROPERTY SOLD UNDER TAX EXECUTIONS AND PROVIDING

THE METHOD OF PERFECTING SUCH SALES AND FOR THE

DISPOSITION OF SUCH PROPERTY;AND TO AMEND. SECTION

.92-8202 OF THE CODE OF GEORGIA OF 1933 RELATING TO

TuESDAY, MARCH 19, 1935.

1643

THE REDEMPTION OF REAL ESTATE SOLD UNDER TAX EXECUTIONS AND PURCHASED BY COUNTY AUTHORITIES BY PRO- . VIDING FOR SUCH REDEMPTION WITHIN TWO YEARS uPON THE PAYMENT OF PURCHASE PRICE AND INTEREST AT THE RATE OF SEVEN PER CENT PER ANNUM AND ACCRUED TAXES; AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
~TION 1. That Title 92 "Public Revenue" ,Chapter 92-82 "Purchased by counties at tax salesn,~r the Code of Georgia 1933,be and the same is hereby . amended by striking and repealing all or Section 9~ 8201 Which provides tor the purchase by county au- thor.tties ot property sold under tax execution,and enacting in lieuthereot a new Section 92-8201 to read aa follows:
Counties may buy property sol~ ~der tax executions.- The board ot commissioners ot roads and
revenues in counties Where such boards have been created,or the ordinaries or the judges ot the county courts in. such counties as have such otticers in control ot their roads and revenues,are authorized to purchase and hold in their official capacity any real property ottered tor sale by virtue or tax executions: Provided, that said connn1ssioners,ordinaries,or judges shall only be authorized to.bid on such real property when other bids do not cover the amount ot said tax executions and costs;and Provided turther,that said commissioners, ordinaries,or judges shall not bid more tor such property than the amount ot taxes and costs. Said county authorities,upon biding in any property as heretn.provided,shall draw their warrant on the county treasurer to pay to the otticers the costs due on said tax executions and accruing costs in ettecting said sales,including the costs ot advertising. Upon the issuance ot such warrants the levying otticer shall execute deed conveying such property_ to the county,and the time proVided by law quring which the right or redemption exists shall begin to run immediately upon the execution

1644

JouRNAL oF THE SENATE,

and delivery or such deed without regard to time or payment of bid or any part therebt. The title to such property shall thereupon vest in the county, subject to the right or redemption as in the case ot other property sold under tax executions,except as herein provided. SUch property,While held by the countyishall continue subject to taxation as it such sa e had not taken place. The county authorities shall,within twelve months atter the right of redemption is barred,proceed to sell such property as other county properties are sold. The proceeds ot such sale shall be applied tirst,~o reimbursing the county in the amount of the costs paid as herein provided ror;second,to the ~ent ot the State taxes due on the property at the time of the tax sale and thereafter accruing;and, third,. to the payment or the school taxes due on the propertY at the time or the sale and thereafter accruing. The balance, if any shall be paid into the county treasury.
SECTION 2. That Section 92-8202 of the Code ot Georgia or 1933 be and the same is herebi' amended by striking the words as ln other cases at the end or said Section and inserting 1n lieu thereof the following: "Within two years from the date or such sale by paying to the county the purchase price at such sale together with interest thereon at seven per centum per annum rram the date thereot,and all taxes accruing subsequent to the date of the sale, so that said Section 92-8202 as amended Shall read as follows:
8 92-8202. Right or redamption.--Owners ot real prGperty sold under and by virtue of tax executions, and bid in by the board or commissioners or roads and revenues,ord1nar1es or judges,as provided 1n the preceding Section,shall have the privilege ot redeeming said real property within two years tran the date or such sale by paying to the county the purChase price at suCh sale tog~ther with interest thereon at seven per centum per annum rram the date thereof,and all taxes accruing subsequent to the date or the sale.

TUESDAY, MARCH 19, 1935.

1645

SECTION 3. Tha.t all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Respectfully submitted,

Head o! Catoosa

Mundy O! Polk

onTtohwensPenadrtoo!

Dade ! the

House.

Lester of the 18th Clarke o! the 44th Johnson o! the 31st On the Part o! the Senate.

House Resolution No. 202 by Mr. Kelley o! Elbert. a resolution urging Congress to require that marble and granite be used in public building construction, was taken up for the purpose of considering a House amendment to the Senate amendment to House Resolution No. 202 as follows:

Messrs. Kelley of Elbert,Benton o! Jasper and Lindsay o! DeKalb offered the following amendment:

By inserting the word "ornamental0 at the beginning of said amendment just in front of the word "architectural" ,and "ornamental just in front o! the word "architectural" where it occurs the second time 1n said Senate amendment.

The Senate agreed to the House amendment to the Senate amendment to House Resolution No. 202.

House Bill No. 244,by Mr. Brown of Glynn,a Bill consolidating the offices and duties o! the tax receiver and tax collector o! Glynn County,was taken up !or the purpose of considering the following House amendment to the Senate subst1tute !or
House Bill No. 244:

l1r. Brown o! Glynn offered the following amendment:

By amending Section 2 o! sa1d substitute by inserting the following words after the word "elected

1646

JouRNAL oF THE SENATE,

at the end or the first line of said Section,ror a term or tour years, and by addiug the following words at the end of said Section, The term or office or such Tax Commissioner and his successors Shall be tour years as other County officers.
The Senate agreed to the House amendment to the Senate substitute tor House Bill No. 244.
Senate Bill No. 173 by Senator Skelton of the 30th District,a bill to provide tor the redemption ot real estate sold at tax sales by municipal authorities,was taken up tor the purpose or considering a House amendment thereto as follows:
By Mr. Culpepper or Fayette: To amend Senate Bill No. 173 by striking the last sentence or Section 1 thereof. The Senate agreed to the House amendment to Senate Bill No. 173. The following bills of the Senate were read third time and put upon their passage: By Senator Cooper of the 22nd DistrictSenate Bill No. 231. A. Bill extending the powers and duties of the Public Service Commission as to manufacturers and distributors of ice in Georgia; and.for other purposes. The co.mm1ttee offered an amendment. Senator Evans or the 29th District offered an amendment. Senator Hart or the 36th District moved that Senate Bill No. 231 and all amendments thereto be indefinitely postponed and the motion prevailed. By Senator Rawlins of the 45th DistrictSenate Bill No. 239. A Bill to be entitled an Act to amend Section 92-5712 or the Code or Georgia or 1933;and tor other purposes.

TuESDAY, MARCH 19, 1935.

1647

Senator Hart ot the 36th District moved the previous question and the motion prevailed.

The main question was ordered.

The report ot the co.mmittee,which was favorable to the passage ot the bill,was agreed to.

On the passage ot the bill the ayes were 29, nays 10.

The bill having received the requisite Constitutional major1ty,was passed.

By Senator Carrington ot the 27th District-

Senate Bill No. 241. A Bill to exempt motor ve-

hui.csl.eDs eopwanrtemd ebnyt

the Federal Bureau ot Investigation, ot Justice .trom the payment ot a

license tor the use ot such vehicles tor official

duties.

Senator Dennis or the 28th District moved that Senate Bill No. 241 be tabled and the motion prevailed.

Senator Rawlins ot the 45th District asked unanimous consent that Senate Bill No. 241 be immediately transmitted to the House and consent was granted.

By Senator Skelton ot the 30th DistrictSenate Bill No. 248. A Bill to amend Section 13-
1414 or the Code ot Georgia ot l~,which provides that a testator may by will dispense with the necessity ot his executor making an inventory ot his return;and tor other purposes.

The report or the comm1ttee,which was tavorable to the passage ot the bill,was agreed to

.On the passage ot the bill the ayes were 30, nays 2.

The bill having received the requisite Constitutional major1ty,was passed.

1648

JouRNAL oF THE SENATE,

Senator Skelton or the 30th District asked unanimous consent that Senate Bill No. 248 be immediately transmitted to the House and consent was granted.

By senator Thomas or the 33rd DistrictSenate Bill No. 250. A Bill to amend Section ~
902 of Chapter 113-9 or the Code or Georgia or 1933,
which provides the manner or distribution or the estate or a wi!e;and !or other purposes.

Senator Lester or the 18th District moved that turthar action on Senate Bill No. 250 be deterred and the motion prevailed.

The following reso~ution ot the House was read third time and put upon its passage:

By Messrs. Lindsay,Guess and Ansley or DeKa.lbHouse Resolution No. 81.

A BilL

To be entitled an Act to propose to the qualified

voters or Section l,

Georgia an amendment to or the Constitution of t

hAirstiSclteat1e1~Y

add-

ing at the end or said Section a new paragraph as

follows:

"The governing au-chorities o! the County or DeKalb Shall have authority to establiSh and administer within the bounds of the County or DeKalb districts tor !ire prevention,and/or water,and to establiSh and administer in such districts systems ot tire prevent1on,and/or water,and to levy taxes . and/or special assessments therefor on property in said d1strict;and tor other purposes.

SECTION ONE.
Be it enacted by tbe General Assembly or the State or Georgia,and it is hereby enacted by authority or the same,that Article ll,Section l,ot the Constitution ot the State ot Georgia be amended by adding at the end of said section a new paragraph as follows:

TuESDAY, MARCH 19, 1935.

1649

The governing authorities o:r the county ot_D~ Kalb shall have authority to establiSh and administer within the bounds o:r the County o:r DeKalb districts :tor :tire prevention,and/or water,and to extablish and administer in such districts systems ot tire prevent1on,and/or water,and to levy taxes and/ or special assessments therefor on property in said districtJ" and :tor other purposes.
SECTION TWO. Be it further enacted by the authority aforesaid, that when said amendment shall-be agreed to by twothirds vote o:r the members elected to each House, it shall be entered upon the Journal ot each HQuse, with the ayes and nays thereon,and pub11Bhed in one or mo~e newspape~s ~ each Congressional District in this State :ror two months prior to the ttne !or holding the next general election,and shall at the next general election be submitted to the people ~or ratification. All persons voting at said general election 1n :ravor ot adopting the said proposed amendment to the Constitution Shall have written or printed on their ballots the words,For ratification ot amendment to Article ll,Section ljof the Constitution or Georgia authorizing DeKalo County to establish and administer districts :ror tire prevention,~tation,sewerage and/or water and to establish and administer systems or tire prevention sanitation,aewerage and/or water in said distric{s;and all persona opposed to the adoption ot said amendment shall have written or printed on their ballots the words, nAgalnst ratification ot amendment to Article ll,B~ction l,o:r the constitution o:r Geo~ia,authorizlllg DeKalb CQun.tyto es~blish and administer a1s~icts tor tire prevention,san1tation,sewerage and/or water and to establiSh and administer systems o:r tire prevention,sanitation, _s~~e andlor water in sa:td district "and it a majority o:r said electors qualified to vote tar members o:r the General Assembly,voting thereon, shall vote tor the ratification thereot,when the result shal_l_ -~ __consolidated as now required by law in ,e1.ections tor members 9% the General Assembly, then said amen-nt shall bec0111.8 a I)art ot Article 11,

1650

JouRNAL OF THE SENATE,

Section l,o! the Constitution o! this State,and the Governor shall make proclamation thereof as provided by law.

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

On the passage of the resolution,it being a proposed amendment to the Constitution,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon Chappell Crawford Darden Dennis Dickerson
Duncan
DuPree Goodwin Harden
Hart

11olt Johnson of the 31st Johnstonof the 39th Jones Kiker
King
Kirkland Larsen Lester McGehee McGinty

McLeod Millican Pope
Ragan
Rawlins Rucker Scott S1Dmons Skelton Strickland Thomas Vaughn Wright

Verification of the roll call was dispensed with.
The ayes were 38,nays o.

The resolution having received the requisite two-thirds Constitutional majority,was passed.

Not voting were: Senators Carrington of the 27th

D1str1ct,Clark o! the 44th D1str1ct~Cooper of the

22nd Dis~r1ct Edenfield ot the 4th u1str1ct Evans

of the 29th Dlstrict!Gary of the 12th Gaskins of the 6th D strict,Lancaster

Dofi stthre! cltu1 t h

District,McWhorter of the 19th District,M1lhollin

of the 46th District,Sm1th of the 24th District

and Turner or the 32nd District.

TuESDAY, MARCH 19, 1935.

1651

Mr. Vaughn ot the 34th District,Chairman ot the Committee on Special Judiciary,submitted the following report: Mr. President:
Your Committee on Special Judiciary 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 recammenaations:
House Bill No. 905, do pass. House Bill No. 942, do pass. House Bill No. 938, do pass. House Bill No. 636, do pass. House Bill No. 529, do pass. House Bill No. 915, do pass. Senate Bill No. 253, do pass. House Resolution No. 211-935&, do pass. House Bill No. 606, do pass. House Bill No. 856, do pass. House Bill No. 207, do pass.
Respectfully submitted Vaughn ot the 34th bistrict, Chairman.
Mr. Clark of the 44th District,Chairman of the Commit~ee on Counties and County Matters,subm1tted the following report: Mr. President:
Your Committee on Counties and County Matters have had under consideration the following Bill or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
House Bill No. 920, do pass,by substitute. Respectfully subm1ttedJ Clark of 44th District. Chairman.

1652

JouRNAL OF .THE SENATE,

Mr. Darden of the 51st District,Chairman of the Committee on State of Republic,subm1tted the following report:

Mr. President:

Your Committee on State of Republic have had

under consideration the following Bill of the Sen-

ate and have instructed me as Chairman,to report

the same back to the Sanate with the following

recommendation:



Senate Bill No. 39, do pass.

Respectfully submitted, Allen Darden of 51st District, Chairman.

Mr. Skelton or the 30th District,ChainDan of the Committee on General Judiciary No. l.,subm1tted the following report:

Mr. President:

Your Committee on General Judiciary No. 1. have had under consideration the following Bill of the House and have instructed me as Cha1rman,to report the same back to the Sanate w1th the roll owing recammendation:

House Bill No. 2A3, do pass.

Respectfully submitted, J.H.Skelton o:r 30th District, Chairman.

Mr. Carrington tl! the 27th D1str1ct,Cha1rman o! the Committee an Public Utilities,submitted the following report:

Mr. President:

Your Committee on Public Utilities have had under consideration the following Bill ot the Senate and

TuESDAY, MARCH 19, 1935.

1653

have instructed me as Chairman,to report the same back to the Senate with the following reconunendation:

Senate Bill No. 114, do pass.

Respectfully submitted

Carrington ot 27th District,

Chairman.



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

By Messrs. Dyer and Arnall ot Coweta,Dean ot Rockdale and Campbell ot Newton-
House Bill No. 204. A Bill to be entitled an Act to provide tor the sterilization ot selected persons trom inmates ot State Institutions and persons recommended by the State Board ot EUgenics;and tor other purposes.

Senator Evans ot the 29th District ottered the following amendment:

By adding to Section 9 the following:

Provided that on appeal the hearing shall be in the county ot the detendantrs residence at the time ot his incarceration.

senator Gary ot the 12th District ottered an amendment.

Senator Jones ot the 17th District moved the previous question and the motion prevailed.

The main question was ordered.

senator Lester ot the 18th moved that the Senate

stay in session until the pending bill be disposed

ot and the motion prevailed.

.

The amendment by Senator Gary was lost.

The amendment by Senator Evans was adopted.

1654

jOURNAL OF THE SENATE,

The report o:r the corimd.ttee;whlch was favorableto-the passage o:r the bill,as amended,was agreed to.

On the passage o:r the bill,as amended,the ayes were 30,nays 10.

The bill,as amended,having received the requisite Constitutional major!ty,was passed.

Senator Vaughn o:r the 34th District asked unanimous consent that House Bill No. 204 be tmmediately transmitted to the l!ouse and consent was gr~ted~

. ThQ hour of adjournment having arrived, the President announced that the Senate stood adjourned . until 2 otclock P.M.

AFTERNOON SESSION

The President_called the Senate to.order.

The Rules Camnittee !!xed the following as the

order of business for the afternoon session o:r -

this date:



~

House Bill No. 64<>.

The following bill of the House was read third time and put upon 1ts passage:

By Mr. Harris o:r RichmondHouse Bill No. 640. A Bill to be entitled an Act
to amend an Act providing for an occUP.Stional tax on all distributors of motor fuel andlor kerosene ' within the State of Georgia;and for other purposes.

The_:ro:t_lowing amendments by Senator Pope ot the 15th District to House Bill No. 640 were read:

By Senator Pope ot the 15th DistrictAmend House Bill 640-section 1 sub-sect1on(B) .
~tne 8 atter tile word "products" by str1k1ng out the ,remainder of said section and inserting in lieu thereof the following commonly and commercially

TUESDAY, MARCH 19, 1935.

1655

used or sold tor use as a source of power in internal combustion engines in the act or iropelling motor vehicles on the public highways. By Senator Pope or the 15th District. Amend House Bill 640-Section l,sub-section (F) by adding the words and/or kerosene in line 6,9,14, 26,28,39,43 arter-the words "motor fuel. By Senator Pope or the 15th District-
Amend House Bill 640-Section 1 sub-section {~)by adding a new paragraph to be known as paragraph 4 reading as follows "Any person who receives motor ruel and/or kerosene trom refiners or other duly licensed distributors within this State. By Senator Pope or the 15th District-
Amend House Bill 640-Section l,sub-section "I" by striki~ the word "or in the ninth line arter the word "containers" and inserting in lieu thereof the word "or By Senator Pope o! the 15th District-
Amend House Bill 640-Bection 2,sub-section {D) by adding a new paragraph to be known as paragraph 4 and reading as follows "The sale or motor fuel and/ or kerosene by re!iners,or other licensed distributors to duly licensed distributors within this state,prov1ded such sales are reported in detail as required by the Canptroller General". By Senator Pope o! the 15th District-
Amend House Bill 640-Section 10 by striking oUt the words "and all persons,t1r.ms or corporations operating vehicles !ram line tour arter the words "common carrier. By Senator Pope or the 15th District-
Amend House Bill 640-Section 15 by striking out the words and :rtgures ..:t1ve years" wherever they appear and insert 1n lteu thereof the words and figures three years".

1656

JouRNAL oF THE SENATE,

senator Crawford of the 42nd District moved the previous question and the motion prevailed.

file main question was ordered.

All the amendments by Senator Pope of the 15th District were adopted.

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

On were

4thl,enapyasssaog.e

of

the

bill,as

amended,the

ayes

The bill,as amended,having received the requisite Constit".ltional majority,wa.s passed.

Senator Pope of the 15th District asked unanimous consent that House Bill No. 640 be immediately transmitted to the House and consent was granted.

Mr. Rucker of the 50th District,Chairman of the Committee on University o! C~orgia System and its Eranches~subndtted the following report:

Mr. President:

Your Committee on University of Georgia System and its Branches 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 following recommendation:

House Bill No. 230,do pass.

Respectfully submitted, Rucker ot 50th District, Chairman.

Mr. Beasley of the 2nd D1str-1ctl.Chairman of the

Comm1ttee on Highways and Publle .Koads, subn1tted

the following report:



TUESDAY, MARCH 19, 1935.

1657

Mr. President: Your Committee on Highways and Public Roads have
had under consideration the following Bills and Resolutions or the House and have ins~ruct$d me as Cha1rman,to report the same back to the Senate with the following recommendations:
House Resolution No. 187-862b, do pass,as amended. House Resolution No. 216-96Qa, do pass. House Bill No. 951, do pass. House Bill No. 860, do pass. House Bill No. 940.,do pass. House Bill No. 583, do pass. House Bill No. 946, do pass. House Bill No. 908, do pass.
Respectfully submitted, Beasley of 2nd District, Chairman.
Mr. Cooper of the 22nd District,Chairman or the Committee on Municipal Governmen~,subm1tted the folloWing report: Mr. President:
Your Comm1ttee on Municipal Government have bad under consideration the following Bills or the House and Senate and have instructed me as Chairman,to report, the same back to the Senate with the following recommendations:
House Bill No. 924, do pass. House Bill No. 932, do pass. House Bill ~o. 935, do pass. House Bill No. 927, do pass. House Bill No. 896, do pass. aouse Bill No. 916, do pass. House B111 No. 948, do pass. House ~111 No. 883, do pass. H~ Bill No. 917, do not pass.

1658

jOURNAL OF THE SENATE,

Senate Bill No. 104, do not pass. Senate Bill No. 254, do pass.
RespectfUlly submitted, Cooper ot 22nd District, Chairman.
Mr. Crawtord ot the 42nd District,Chairman ot the Committee on Game and Fish,submitted the following report:_ Mr. President:
Your Committee on Game and Fish have had under consideration the tollowing Bills or the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 155, do pa.ss,as a.lllended. House B111 No. 733, do pass,
Respectfully submitted, J.S. Crawford ot 42nd District, Chairman.
The following bills ot the House,tavorably , reported by Committees,were read the second time: By Mr. Milam or Spalding-
House Bill No. 155. A Bill to regulate hunting in this State;and tor other purposes. By Messrs. Townsend ot Dade and Davis or Troup-
House Bill No. 207. A Bill to provide that no evidence procured unlawtully shall be"adm1ss1ble against any person charged with an ottehse against the laws ot this State;and tor other purposes. By Messrs. Barrett,Lanier and Harris ot Richmond-
House Bill No. 230. A Bill to amend an Act entitled "An Act to abolish the present State Board ot MediGal Examiners tar the State ot Georgia"; and tar other purposes. .

TUESDAY, MARCH 19, 1935.

1659

By Mr. Claxton or J olmsonHouse Bill No. 243. A Bill to provide that the
entorcement and collection or executions issued tor taxes Shall not be defeated because .or mistakes; and tor other purposes.

By Mr. Lewallen or BanksHouse Bill No. 529. A Bill to amend an Act cre-
ating the Piedmont Judicial Circuit;and tor other purposes.

By Messrs. Black of Forsyth,Whi tm1re or Dawson and

Jones ot Lumpkin-

.

House Bill No. 583. A Bill to increase the mile-

age or the State Aid Road System by the addition or

a hignway;and tor other purposes.

.
By Messrs~ Arnall or Coweta and McNall or ChathamHouse Bill No. 606. A Bill to give Police Court
Recorders Ex-Ott1c1o Justice ot the Peace powers and author!ties 1n the matter or and pertaining to crtm!nal cases;and tor other purposes.

By Messrs. Bloodworth,Bowden and Freeman or BibbHoUse Bill No. 636. A Bill to amend an Act pro-
viding tor the. appointment or Stenographic reporters ot City Courts in certain counties;and tor other purposes.

By Messrs. R..ivers or Lanier and Daughtery or Wilkin-

son-

:

House Bill No. 856. A Bill to provide tor the

purchase by the State a"sutticient number or copies

or the Code ot ~orgia or 1933;and tor other pur-

pQses.

By Messr~ Williams and Brooks or Jacksonaouse Blll No. 860. A Bill to increase in the
Bdleage or the State Aid Road System by the addition
of a ~igbway in JacksonCounty;and tor other pur-
poses.-

By:- Mr. Black ot Forsyth-

. House Bill No. 883. A Bill to change the name or

~he Town ot Curmn1ng11 to the 11City ot CUDD:ning11 in

/

Forf,Yth County:and tor other nurnosas.

.

.,

. J .,.

1660

JouRNAL oF THE SENATE,

By Messrs. Ansleyt.Guess and Lindsay oi DeKalbHouse Bill No. ts96. A Bill to amend an Act pro-
viding a new Charter tor the Town ot Decatur;and tor other purposes.

By Mr. Ray or ApplingHouse Bill No. 905. A Bill to amend an Act with
reference to the salary or the Solicitor ot the Ci~ Court or Baxley;and tor other purposes.

By Mr. Jackson or HabershamHouse Bill No. 908. A Bill to increase the mile-
age or the State Aid Road System by adding a new road in Habersham County;and tor other purposes.

By Messrs. Brooks and Williams or JacksonHouse Bill No. 915. A Bill to amend an Act es-
tablishing the City Court ot Jerrerson;and tor other purposes.

By Mr. Watkins or Oglethorpe-

House Bill No. 916. A Bill to amend an Act in-

corporating the City or Crawtord;and ror other pur-

poses.



By Mr. Claxton or JohnsonHouse Bill No. 924. A Bill to amend the Charter
ot the Town or Kite;and tor other purposes.

By Messrs. Hartsrield,Ramsey and Almand or FultonHouse Bill No. 927. A Bill to amend an Act cre-
ating the City or College Park;and ror other purposes.

By Messrs. Davis, Groover and Terrell or TroupHouse Bill No. 932. A Bill to amend an Act cre-
ating a new Charter ror the City ot West Point;and ror other purposes.

By Mr. Settles or ButtsHouse Bill No. 935. A Blll amending an Act cre-
ating a new Charter tor the City or Jackson;and ror other purposes.

TUESDAY, MARCH 19, 1935.

1661

By Messrs.Shirah and Parker ot ColquittHouse-Bill No. 938. A Bill to amend an Act cre-
ating' the City Court ot Colquitt County;and tor other purposes.

By Messrs. Mundy and Peek ot PolkHouse Bill No. 940. A Bill increasing the mile-
age ot the State Aid Road System by adding a road in Polk County;and tor other purposes.

By Messrs. House Bi

lRl aNmsoe. y~ 1~. tstiAeBlidl

and l to

Almand of Fultonamend an Act re-

quiring the Boards ot Jury Commissioners to place

on the jury lists the names ot not less than 10,000

upright men to serve as jurors;and tor other pur-

poses.

By Mr. Jackson of BleckleyHouse Bill No. 946. A Bill to increase the m1le-
age of the State Aid Road System by the addition of a highway in Baldwin,Wilkinson,Bleckley and Houston aounties;and for other purposes.

By Messrs. Freema.n,Bowden and Bloodworth of BibbHouse Bill No. 948. A Bill to amend an Act cre-
ating a new Charter for the city of Macon;and tor other purposes.

By Mr. Brown ot GlynnHouse Bill No. 951. A Bill to amend the State
Aid Road System by adding a new road in Glynn County; and for other purposes.

By Messrs. Bennett ot Ware,Dorr1s of Crisp,Rawlins of Telta1r,and Musgrove of Clinch-
House Bill No. 733. A Bill to provide tor and regulate the sale of turs;and for other purposes.

The following Resolutions of the House,favorably eported by Commdttees,were read the second ttme:

Mr. Dorris of Crisp-

igHnaotuisnegRue.sso.luHtiiofhnwNayo.N1o8s7. -88062abn.d

A Resolution des280 the "Crisp

ilitary Highway

1662

JouRNAL oF THE SENATE,

By Mr. Gardner of CandlerHouse Resolution No. 211-~. A Resolution to
provide for release of surety on two certain appearance bonds in the penal sum of $200.00 each returnable to the City Court of Metter;and for other purposes.

By Messrs. Deal,and Preston of Bulloch,Perry of

worth,Young of sumter, Grayson of Chatham and Ter-

rell of Troup-



House Resolutfon No. 216-9608. A Resolution au-

thorizing the State Highway Department to make a

survey of roads and drives on campuses of institu-

tions comprising the University System 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 requisite Constitutional majority the following bills and/or resolutions of the House to wit:

By Mr. Sutton of WilkesHouse Resolution No. 236. A Resolution declaring
the intention of the General Assembly of Georgia on how the funds made available by House Bill No. 3,should be disbursed.

By Mr. Jackson of HabershamHouse Bill No. 953. A Bill to be antitled an Act
to amend an Act incc~orating the City of Cornelia; and .for other purposes.

By Messrs. Harts:Ueld,Ramsey and Almand of Fulton-

House Bill No. 972. A Bill to be entitled an Act

to provide that enforcement and collection of exe~

cutions issued for taxes by any County or Municipal-

ity in any more shall

County not be

having a defeated

population because of

mot12st0a0k1e0s0j0anodr

for other purposes.

TUESDAY, MARCH 19, 1935.

1663

By Messrs. Hartstield,Ramsey and Almand or Fulton and Lindsay,Guess and Ansley or DeKalb-
House Resolution No. 205-923a. A Resolution to provide tor appointment of a Cammission,to investigate and report to the next General Assembly,the feasab1lity of developing State and City owned Property located in vicinity of State Capitol into a Civic Center,and for other purposes.

The tollowing~essage was received from the House through Mr. K1ngery;the Clerk thereof:

Mr. President:

The House has passed by the requisite Constitutional majority the following bills and/or resolutions of the House to wit:

By Mr. Ross of DodgeHouse Bill No. 729. A B-ill to be entitled an Act
to reduce the bond of the Sheriff of Dodge County, Georgia,trcm the amount of $10,000.00 to $5,000.00; and tor other purposes.

By Mr. Head of Catoosa-

.

House Bill No. 934. A Bill to be entitled an Act

to increase the State Aid System ot Roads ot High-

ways by the addition of a road from Ringgold to

Reeds Bridge in Catoosa County;and tor other pur-

poses.

By Messrs. BowdenL~eeman and Bloodworth of BibbHouse Bill No. ~7. A Bill to be entitled an Act
to amend an Act abolishing the fees and fixing a salary in lieu thereof tor the Solicitor General of the Macon Judicial Circuit to provide for changing the amount or salary to be paid by the County.

BY. Messrs. Freeman,Bloodworth,and Bowden of Bibb-
House Bill No. 949. A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon by providing that the Mayor may hold Recorder~ Court;and tor other purposes.

1664

JouRNAL oF THE SENATE,

By Messrs. Terrell and West of HallHouse Bill No. 956. A Bill to be entitled an Act
to abolish the offices of Tax Receiver and Tax Collector of Hall County;to create the office of County Tax Cammissioner;and for other purposes. By Mr. Edwards of Stephens-
House Bill No. 957. A Bill to be entitled an Act to amend an Act entitled an Act to provide for County Commissioners for roads and revenues for the County of Stephens,and for other purposes. By Mr. Sutton of Wilkes-
House Bill No. 969. A Bill to be entitled an Act to amend the charter of the City of Washington, Georgia;and for other purposes. By Mr. Edwards of Stephens-
House Bill No. 971. A Bill to be entitled an Act to amend the Charter of the Town of Martin,in Stephens County;and for other purposes. By Mr. Jackson of Bleckley-
House Bill No. 974. A Bill to be entitled an Act to amend the Act creating the office of Tax Commissioner 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 requisite Constitutional majority the following Bills of the Senate to wit: By Mr. Millican of the 35th District-
Senate Bill No. 143. A Bill to be entitled an Act to amend an Act relating to the abolition of justice courts and the office of justice of the peace in ce~ tain cit1es;the establishment in lieu thereor such courts or system of courts as;and for other purpose~
The following message was received from the House through Mr. Kingery, the Clerk thereof:

TUESDAY, MARCH 19, 1935.

1665

Mr. President: The House has passed,as amended,by the requisite
Constitutional majority the following Bills or the Senate to wit: By Senator Millican or the 35th District-
Senate Bill No. 103. A Bill to be entitled an Act to amend an Act establishing a new Charter tor the City of Atlanta by abolishing the office ot Warden and creating Director or Reliet.reducing membership on School Committee on General council,providing. tor election or certain officials and committees by General Council,providing tor change ln oath ot office prescribed :ror Mayor and General Council,providing tor permanent reg1stration,ror time or payment or taxes and providing tor system or civil service tor various Departments or said City;and tor other purposes. By Senator Millican ot the 35th District-
Senate Bill No. 101. Aill to be entitled an Act to amend an Act establishlng a new charter ror the City or Atlanta authorizing Mayor and General Council to carry over and retire from year to year a deficit ot $1,500,000 on the basis or one-titth or said amount each year and tor other purposes.
The following message was received from the House through Andrew J. Kingery Clerk: Mr. President:
The House has agreed to the Senate Amendments to the following Bills ot the House to wit: By Mr. Wrench or Charlton-
House Bill No. 418. A Bill to be entitled an Act to increase the State Aid Road Mileage by the addition or a road trom the st. Mary's River at Mon1ac, to the St. Maryta River at St. George;and tor other purposes. By Messr?. Jones ot Brantley,and Claxton or Camden-
House Bill No. 649. A Bill to be entitled an Act

1666

JouRNA~ oF THE SENATE,

to amend Traylor-Neill Act so .as to include a road _ 1n Brantley and Camden Counties;and tor other purposes. By Messrs. Jones ot Brantley,Brown of Glynn and Oden ot Pierce-
House Bill-No. 766. A Bill to be entitled an Act to amend the Neill-Traylor Bill by adding a road in Glynn,Brantley and Pierce Counties;and for other purposes. By Messrs. Almand and Ramsey of Fulton-
House Bill No. 772. A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor General of said circuit so as to reduce and fix the salary of the Solicitor General;and for other purposes. By Mr. Jones ot Lumpkin-
House Bill No. 855. A Bill to ba entitled an Act to amend the Act re-incorporating the City of Dahlonega,by abolishing the Mayor and Council and establishing in lieu thereof a Board of three Commisstoners;and :ror other purposes.
The following message was received from the House through Andrew J. Kingery Clerk: Mr. President:
The House has agreed to the Senate Substitute to the following Bill of the House to wit: By Messrs. McCranie and Ross of Dodge-
House Bill No. 329. A Bill to be entitled an Act to increase the State A1d Road Mileage by adding mileage in Dodge County;and tor other purposes.
The tollow1ng message trom the House was received through Andrew J. Kingery,Clerk:

TuESDAY, MARCH 19, 1935.

1667

Mr. President:

The House has receded from its substitute to the following bill of the Senate to wit:

By Senator,Crawtord of the 42nd District- Senate Bill No. 178. A Bill to be entitled an Act
to amend an Act approved March 18,1933,entitled "An Act to abolish the Board or Commissioners of Roads and Revenue of Chattooga County,Georgia to create a new Board of Commissioners of Roads and Revenue or said County;and tor other purposes,by striking from said Act Section 9 thereof. So that said Act, as hereby amended shall consist only of Sections 1, 2,3,4,5,6,7,8,10,11,12,13,14~and 15;as numbered and worded in Georgia Laws,l933,Pages 439 to 445.

The following bills or the House were read the first time and referred to Committees:

By Mr. Ross or DodgeHouse Bill No. 729. A Bill to be entitled an Act
to reduce the bond or the Sheri!! or Dodge County, Georgia,rrom the the amount or $10,000.00 to $5,000r oo;and ror other purposes.

Committee on Counties and County Matters~

By Mr. Head or CatoosaHouse Bill No. 934. A Bill to be entitled an Act
to increase the State Aid System or Roads of Highways by the addition ot a road rrom Ringgold to Reedts Bridge in Catoosa County;and ror other purposes.

Committee on Highways and PublicRoads.

By Messrs. Bowden~Freeman and Bloodworth ot Bibb-

House Bill No. 947. A Bill to amend an Act abol- ,

iosrh~1onrg

tne tees and the Solicitor

fixing a salary in lieu thereGeneral or the Macon Judicial

~1rcuit to provide ror changing the amount or salary

to be pa!d by the County.

Committee on General Judiciary No. 2.

1668

JouRNAL oF THE SENATE,

By Messrs. Freeman,Bloodworth and Bowden or BibbHouse Bill No. 949. A Bill to amend an Act cre-
ating a new charter tor the City or Macon by providing that the Mayor may hold Recorder's Court; and tor other purposes.
Committee on Municipal Government. By Mr. Edwards or Stephens-
House Bill No. 957. A Bill to amend an Act entitled an Act to provide tor County Commissioners tor roads and revenues tor the County of Stephens; anO. tor other purposes.
Committee on Counties and County MattersBy Messrs. Terrell and West of Hall-
House Bill No. 956. A Bill to abolish the ottices ot tax receiver and tax collector ot Hall County; to create the office of county tax commissioner; and tor other purposes.
Committee on Caunties and CountyMatters. By Mr. Sutton ot Wilkes-
House Bill No. 969. A Bill to amend the charter of t~e City ot Washington,Georgia;and for other purposes.
Committee on Municipal Government. By Mr. Edwards of Stephens-
House Bill No. 971. A Bill to amend the charter ot the town ot Martin,in Stephens County;and for other purposes.
Committee on Municipal Government. By Mr. Jackson of Habersham-
House Bill No 953. A Bill to be entitled an Act incorporating the City of Cornelia;and for other purposes.
Committee on Municipal Government.

TUESDAY, MARCH 19, 1935.

1669

By Messrs. Harts!1eld,Ramsey and Almand of FultonHouse Bill No. 972. A Bill to provide that en-
forcement and collection or executions issued tor taxes by any County or municipality in any County having a population or 200,000 or more shall not be defeated because or m1stakes;and tor other purposes.
Committee on Special Judiciary. By Mr. Jackson of Bleckley-
House Bill No. 974. ABill to amend the Act creating the office of Tax Commissioner ot Franklin County;and for other purposes.
Committee on Counties and County Matters. The following resolution o:r the House was read the first time and referred to comnittee: By Messrs. Harts!ield,Ramsey and Almand o:r Fulton and Lindsay,Guess and Ansley or DeKalbHouse Resolution No. 205-923a. A Resolution to provide tor appointment o:r a Commission to investigate and report to the next General Assembly,the feasibility of developing State and City owned porperty located in vicinity of State Capitol into a Civic Center;and for other purposes. Committee on State of the Republic. The following message tram the House was received through Andrew J. Kingery, Clerk: Mr. President: The House has adopted the Conference Committee report on the following bill of the house,to wit: By Messrs. Lanier,Harris and Barrett of RichmondHouse Bill No. 12. A Bill to be entitled an Act to amend the Constitution or Georgla,to classify and provide for different rates a4d methods o:r taxation and tor the taxation or intangible property;and for other purposes.

1670

JouRNAL oF THE SENATE,

Senator Atkinson ot the 1st District asked unanimous consent that the Senate take a recess subject to the call ot the Chair and consent was granted.

andThreufleodllotwoinbge

Resolution or the House was read out ot order by the President:

By Messrs. Lanier of Richmond and Arnall of CowetaHouse Resolution No. 234. A Resolution request-
ing that the Senate ot Georgia appoint a conference committee on House Resolution 12-13A the Homestead Exemption;and tor other purposes.

The following conference committee report on House Bill No. 12 was read and adopted:

March 18,1935.

Mr. President:

The committee on conference of the House appointed to canter with a like committee Of the Senate to consider House Bill No. 12,recommends that both the House and Senate recede from their posit1ons,and that Section one (1) ot House Bill No. 12 as amended by the senate be stricken and that a new section be inserted in lieu thereat to read as follows:

SECTION ONE (1)

.

Be it enacted by the General Assembly of the

State ot Georgia,and it is hereby enacted by au-

thority of the same that the Constitution or the

State or Georgia be and the same is hereby amended

by striking all or Paragraph one (1) or Section

two (2) of Article seven (7) and inserting in lieu

thereat as Paragraph one (1) Section two l2) or

Article seven (7) or said Constitution the follow-

ing:

All taxes shall be levied-and collected under general laws for public purposes only. All taxatjon shall be un1torm upon the same class or property within the territorial limits or the authoricy levying the tax. The General Assembly shall have

TuESDAY, MARCH 19, 1935.

1671

the power to classify all property,real and persona~ tangible and intangible,and the items thereof tor the purpose of all taxa~ion,and may fix different rates or taxation tor different classes of property and prescribe the manner of making the returns of such property and the method of making the collectionthereot.
Money,notes,accounts,stocks and bonds shall be classified as intangible property tor the purpose of taxation hereunder and the General Assembly shall have the power to fix the total rate to be levied tor all purposes on said intangibles and to prescribe the manner or making returns of said intangibles,and the method of making the collections or the tax thereon,however Whatever ad valorem taxes are collected by the State from said intangibles, one-fifth thereof shall be tor State purposes and four-fifths shall be distributed to the counties and cities of this State,respectively in full from which collected,less cost collection and distribution."

J. D.

Ms..

S1mmons,8th District. Atkinson,lst District.

Lanier of Richmond. Sutton of Wilkes.

G. E. Millican,35th District. Mundy or Polk.

On the part of the Senate .. On the Part or the

House.

The following communication tram His Excellency, the Governor,was read:

March 19th,l935.

TO THE GENERAL ASSEMBLY OF GEORGIA: I am returning herewith Senata Bill No. 15l,which
I have vetoed.

SENATE BILL NO. 151 To provide tor the creation or a Public Utilities Department tor the City or Sandersville, Washington County,Georgia;and tor other purposes.

This Bill creates a Public Utilities Department tor the City or Sandersville and sets up camplete machinery tor the acquisition,construction,operation,maintenance,extension,management and control

1672

JouRNAL OF THE SENATE,

or the essential utilities to supply water,electric
energy,gas,transportation service,ice and other refrigeration means.

It allows the City or Sandersville to sell util-

ity service either within or provides for the acquisition

worithporoupt etrhtey

city and within or

without the city and within or without the State.

Attached hereto iS a copy or an opinion rendered

by the Attorney General which is made a part or

this message. Reference thereto shows that the

"Bill is unconstitutional because it contravenes

the constitutional provision which prohibits the

creation of debts not to be paid !rom revenue

raised during the current year in which the obli-

gation is created and further violates the consti-

tutional provision that no debt shall be created

ainsseesxsceedssvtaolueonoer-ftihfethtaoxtaobnlee

per centum or the property therein

without the approval or two-thirds or the qualified

voters or the city. The people or Sandersville are

not given,by this bill,an opportunity to vote on

whether the city shall incur this debt. The other

constitutional provision which prohibits the cre-

ation of debts not to be paid !rom revenue raised

during the current year in which the obligation is

created is also a wise provision as it prevents

cities and counties !rom creating debts and thereby

placing burdensome taxes on the people.

For the above reasons I return this Bill without my approval.

Respectfully submitted, Eugene Talmadge, Governor.

March 15, 1935.

MEMORANDUM TO THE GOVERNOR:

SENATE BILL NO. 151 This Bill provides tor the creation of a Public Utilities Department tor the City ot Sandersville.

TUESDAY, MARCH 19, 1935.

1673

The Bill sets up complete operating machinery tor the acquisition,construction,operation,maintenance, extension,management and control of a municipal utility to supply water,electric energy,gas,transportation service,ice,or other refrigerating means.
Provision is made tor the sale of the utility service either within or without the city,and provides tor the acquisttion ot the property within or without the city,and within or without the state.
The Bill provides tor control of rates by the Municipal Board.
Lengthy provisions are mde for handling. revenues derived from the operation of the utilities,appointment of employees,and various incidents to their operation.
The sole provision tor acquiring or constructing
the utility facilities as contained in Section 18 ot the Bill provides:
"The Board is hereby authorized to borrow money tram the Federal Government,or the State Government,or any duly authorized agency created by either of said Governments and acting therefor, to defray the expenses of - - -. The principal shall be repaid in not more than forty years,but no payments of principal need be required during the first three years following the date of any such loan. The Board is further authorized to make contracts tor incurring financial obligations to be paid in Whole or in part in succeeding fiscal years,tor or on account of the acquisition of any public utilities,extensions or improvements. Section 18 of the Bill clearly contravenes the constitutional provision which prohibits the creation of debts not to be paid !rom revenue raised during the current year in which the obligation is created,and fUrther contravenes a constitutional

1674

JouRNAL oF THE SENATE,

provision that no debt shall be crea~ed in excess ot one-fifth of one per centum of the assessed value of the taxable property therein without the assent or two-thirds of the qualified voters there-
MO. These provisions or the constitution are round
in Paragraph !,Section VII,Article VII.(Section 25501 of the Code of Georgia of 1~3)
Respectfully submitted, M.J. Yeomans, Attorney General.
The following communication tram His Excellency, the Governor,was read:
March 19,1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning herewith Senate Bill No. 14l,wh1ch I have vetoed.
SENATE BILL NO. 141 An Act~to amend Section 3-705 of Chapter 3-7 Title 6 or the Code of 1~3 relating to the limitation or actions on warrants,cheCks, dratts,stmple contracts,orders;and for other purposes. Attached hereto 1sa copy or an opinion rendered by the Attorney General holding that this bill is unconstitutional because, It undertakes to revise causes of action which have already become barred by reason of the running or the statute or limitations and it is in violation or Article !,Section III,Paragraph II of the Constitution ot Georgia." This Bill provides that,Provlded,that an Action at law or in equity to enforce the liability or any municipali{y,school district, board of education,or any other political subdivision of this State,upon any warrant, check,draft,order,s1mple contract,or other written evidence or an obligation,heretotore or hereinafter issued.shall not be barred by statute or laches,it brought within twentr years after the ~e became due and payable.

TUESDAY, MARCH 19, 1935.

1675

The effect of this Act would be to revise causes_ or action that have already been barred by the statute of limitations. It attempts to revive county warrants,checks,drafts,orders,s1mple contracts and other written evidence of obligation and would go back and revive such obligations for the last twen~ years.

The Bill is objectionable for these reasons and as such is unconstitutional, I am therefore,re-
turning it without mY approval.

Respectfully submitted, Eugene Talmadge, Governor.

March 18,1935.

Hon. Eugene Talmadge, Governor State Capitol Atlanta,Georgia

Dear Governor Talmadge:

RE: senate Bill No. 141 This Act amends Section 3-705 of the Code of Georgia of 1933 which provides that actions upon simple contracts in writing Shall be brought within six years after the.same became due and payable, by adding the following proviso:

"Provided,that an Action at law or in equity,

to enforce the liability of any municipality,-

school district,board of education,or any

other political subdivision of this State, upon any warrant,check,draft,order,simple

_, .. ' ~ : =-.

contract, or other written evidence of an ob- .._,_,

ligation,~eretofore or hereinafter issued,

shall not be barred by statute orlaehes,if

brought within twenty years atter the same

became due and payable."

The Act contains no exception as to such evidences of debt which have already bQcame barred by the Statute of limitations.

1676

JouRNAL oF THE SENATE,

The effect or the Bill is to extend to twenty years the statute or limitations for the enforcement of the liability or any municipal1ty,school dlstrict,board or educat1on,or other political subd1vision,upon any simple contract in writing which has heretofore been issued,or which may hereafter be issued by such political subdivision.

In so far as the proposed Act undertakes to revise causes of action which have already become barred by reason of the running or the statute in my oninion,it is in violation or Article !,Section III,Paragraph II of the Constitution of Georgia Which provides as follows:

"No bill or attainer,ex post facto law retroactive law,or law impairing the obligation or contracts,or make irrevocable grants or special privileges or immunities shall be passed."

In the case or

Bussey v. Bishop 169 Georgia,251 f2),

the Supreme Court held:

"The legislature cannot revive a right ot ac-

tion which is barred by the statute or limita-

tions in existence prior to the passage ot the

reviving Act. Such an Act is. unconstitutional

and void for the reason that it violates Para-

~-uaPh II or section III or Article I or the

aoC~stitution
retroactiv

o e

f th law

is State;which pro shall be passed."

vi

des

that

& the case just cited there was a dissenting
opinion by Mr. Justice Hill,concurring 1n by presiding Justice Beck. The dissenting opinion,however does not express any disagreement wlth the general rule stated above. The dissenting opinion contains this language:

"Undoubtedly,the general rule 1s that the law making power cannot remove a statutory ba.r to

TUESDAY, MARCH 19, 1935.

1677

recovery in a cause or action that has already became complete."

The dissent or those Justices who did not concur in the majority opinion is based upon the peculiar statute there under consideration and the remedial nature or the law there declared to be unconstitutional. Moreover,the opinion of the majority or the Justices,which is not in conflict on the particular point with any earlier decision,is blnding as a precedent until overruled by the Supreme Court, and must be followed.

The opinion or the majority is in accord with the general rule. 12 C.J. 980.

In some jurisdictions it is held that the general

rule stated above does not apply to causes or ac-

tions against municipal and quasi~icipal corpor-

ations. In other jurisdictions-it is held that the

limitation does apply to causes or actions against

municipal and similar governmental corporations. It

seems to me that the better rule is that which ap-

plies the doctrine or retroactive laws to one which

undertakes to revive,as against a political sub-

division,a cause or action which has already became

barred. This is true tor the reason that causes or

actions against the State or its political subdivi-

sions,ir enforced at all,must ultimately be enforced

against the taxpayers who,in the last analysis,nec~

easarily bear the b:urden or goverlliilBnt. When a.

cause or action against a political subdivision or

the State has become barred by the statute or limi-

tations in force at the time or its creation,it

~~ems to.tme the taxpayers or the political subdivi-

sion acquire a right not to have that cause or ac-

tion enforced against them;and when the General

AssemblY undertakes by law to revive a cause or ac-

tion thus barred, the statute is retroactive within

the meaning or the constitutional provision quoted

above. . _



I theretQie hold that so much of the proposed Act as undertakesto revive any cause of action which
_/

1678

JouRNAL OF THE SENATE,

has already become barred 1s unconstitutional and void.
Whether the proposed Act in other respects is w1se,is not a question for me to determine.
Yours very truly, M.J. Yeomans, Attorney General.

The following communication from His Excellency, The Governor, was read:
March 19,1935.

TO THE GENERAL ASSEMBLY OF GEORGIA: I am returning herewith the following bills which
I have vetoed for reasons stated herein:

SENATE BIU.. NO. 19 To vest in the tax collectors of such counties of the State of Georgia as have a population of not less than 9005 and not more than 9020, as determined by the census of the United States of 1930 or by any future United States census all the powers of sheriffs of their respective counties relative to the collection of all tax rt.fas., issued by such collectors; and for other purposes.

This Bill provides that the Tax Collector of Mc-

Duffie Countie shall have the right to levy tax

executions,conduct sales,execute titles to land

and generally to perform all the duties and func-

tions of the sheriff in the enforcement ottax e~

cutions.

-



Attached hereto is a copy of an op1n1on r,ndered by the Attorney General in which it is held that
this Bill 1s unconstitutional because 1t is &spe-
cial law,and there is existing a gene~--law~-. the
State which makes provision tor the e . cem~ or tax !1 ras. The Bill is objectionable , st,

TuESDAY, MARCH 19, 1935.

16?9

because it is unconstitutional and furthermore because of the fact that to permit tax collectors to levy upon and sell land tm.der a tax fi.fa.and make deeds to property,which because of the unconstitutionality of the Act,would be void,would complicate titles and very likely result in innocent people paying their money for property and receiving void deeds from the Tax Collector.
Furthermore,This Bill is the same as House Bill No. 354 which I vetoed on February 23,1935 on the ground that it was unconstitutional.
SENATE BILL NO. 89 To vest in the tax collectors of such counties in the State of Georgia as have a population of not less than 9102 and not more than 9120,as determined by the census of the United States of 1930,all the powers or sheriffs of their respective counties relative to. the collection and levy of all tax fi ras.,issued by such collectors;and for other purposes. Attached hereto is copy or an opinion of the Attorney General showing this Bill to be unconstitutional. It is the same kind of Bill as Senate Bill No. 19. It is objectionable and vetoed,ror the same reason.
SENATE BILL NO. 91 To amend section 695 or the Political Code or Georgia,relating to road duty exemption in certain counties. Attached hereto is copy or an opinion or the Attorney General holding this Bill to be unconstitutional. The general law or the State provides for working the public roads and the Alternative Road Law provides for the collection or the commutation road tax. The proposed Bill makes provision tor the exemption from road duty and commutation tax or citi.zens in counties having population or not more than

1680

JouRNAL oF THE SENATE,

9,120 and less than 9,102. It is a special law relating to a subject upon which there is already a general law.
Respectfully submitted, Eugene Talmadge, Governor. March 18,1935.
Honorable Eugene Talmadge Governor of Georgia State Capitol Atlanta,Georgia Dear Governor Talmadge:
Re: Senate Bill No. 19 This bill provides tha.t in COWlties having a population of not less than 9005 and not more than 9020 by the Census or the United states of 1930,~r any future census,all the powers of sher1tts wim reference to the collection and levy or tax fi. ras. shall be vested 1n the tax collector. It makes such tax collectors ex-officio sheriffs and authorizes them to levy tax executions,conduct sales,execute titles to land,and generally,to perform all or the duties and functions of the sheriff in the enforcement of tax executions. It also provides that any such tax collector may appoint one or more deputies who Shall have all the powers conferred by the Act upon tax collectors. The general law ot this State makes provision for the enforcement or tax ti.tas. It is at once apparent that by its terms the propsed Act can apply only to a very limited number of counties. Article !,Section IV,Paragraph I of the Const1tuor Georgia provides that "Laws or a general nature shall have Wliform operation throughout the State,and no special

TuESDAY, MARCH 19, 1935.

1681

law sha.ll be enacted in any case for which provision has been made by an existing g~neral law". In the case of Medders v. Stewart, 172 Georgia,507, it was held that an Act which conferred upon the tax collectors of counties having a population of not less than 6,458 and not more than 6,462 the powers of sheriffs in relation to tax executions was unconstitutional because violative of the quoted provisions of the Constitution. See also in this connection Cain v. State, 166 Georgia,539. Both of these cases referred to are full bench decisions by the Supreme Court and are binding as authority. It is my opinion that Ser.ate Bill 19 is plainly violative of this provision of the Cor~titution and is therefore void. As I have heretofore stated,w1th reference to other bills,these acts which undertake to confer upon the tax collector of one county the powers of a sheriff with reference to tax fi.fas.,are not only lmconstitutional,but,if enforced,will produce untold confusion in the land titles of the county and probably result in almost endless litigation. If a tax collector,pursuant to such an unconstitutional law,should levy upon and sell land under a tax fi.fa. his deed would convey no title and the whole proceeding would necessarily be void. Sooner or later the question would be raised by some party at interest and the court would necessarily have to hold that the sale by the tax collector,and the deed made pursUaTit thereto,were ineffective to transfer title to the property. SUch litigation might be

1682

JouRNAL oF THE SENATE,

multiplied any number of ttmes,depending upon how often the tax collector undertook to exercise the power sought to be conferred upun !1.1m.
I might also state that this bill seems to be the same bill as House Bill No. 354,about which I wrote you under date of February 23rd,l935,and which was vetoed on the ground that it was unconstitutional.
Yours very truly, M.J. Yeomans, Attorney General. March 15,1935.
Hon. Eugene Talmadge, Governor, State Capitol, Atlanta,Georgia. Dear Governor Talmadge:
In re: Senate Bill No. 91 This Bill repeals all existing road laws insofar as they apply to any county or counties having a population by the census of the United States or 1930 or not more than 9,120 and not l~ss than 9,10a The Constitution of Georgia,by Article !,Section IV,Paragraph !,provides as follows: "Laws of a general nature shall have uniform operation throughout the State,and no.special law shall be enacted in any case tor which provision has been made by an existing general law." In the case of Board of COmm.issioners or Stm1ter co. v.
Mayor and Council of Americus, 141 Ga. 542,

TuESDAY; MARCH 19, 1935.

1683

a special Act ~egarding road work in Sumter County was declared unconstitutional,as violative or the quoted provision ot the Constitution. The Court based its decision upon the ground that the Alternative Road Law was in force in Sumter County.
The general law ot this ~tate provides tor working the public roads and the Alternative Road Law provides tor the collection or a commutation.road tax. The Alternative Road Law does not become ettect1ve in any county except upon recommendation ot the Grand Jury,as therefor provided. It is, however,a general law,as was expressly declared in the case just referred t~,and can only be made ettective or ineffective in any county by resort to the procedure provided by the law itself.
The proposed Bill plainly makes provision for the exemption tram road duty and commutation tax ot citizens in counties or the population specified which are different tram the provisions contained in the general laws on the subject. There is no provision in the Act tor the class 6! counties created to be enlarged by taking in additional counties, since the Act is expressly contined to counties having a po~ulation or not more than 9,120 and not less than 9,102,according to the census or 1930,and there is no provision with reterence to future censuses.
The Bill is thus plainly a special law,relating to a subject upon which there is already a general law. For that reason,1t is violative or the quoted provision ot the Constitution.
Yours very truly, M.JA. tYtoeronmeaynsu1 eneral.

1684

JoURNAL OF THE SENATE,

March 18,1935.

Honorable Eugene Talmadge Governor of Georgia State Capitol Atlanta,Georgia

Dear Governor Talmadge:

Re: Senate Bill No. 89.

This bill provides that in counties having a po

ulation of not less than 9102 and not more than

9120 by the census of the United States of 1930,or

any future census,all the powers of sheriffs with

reference to the collection and levy of tax fi. fa

shall be vested in the tax collector. It makes

such tax collectors ex officio sheriffs and author

izes them to levy tax executions,conduct sales,ex-

ecute titles to land and generally to perform all

of the duties and functions of the sheriff in the

enforcement of tax executions. It also provides

that any such tax collector may appoint one or mor

deputies who shall have all the powers cvnterred b

the Act upon tax collectors.



The general law of this State makes provision fo the enforcement of tax fi. faa. It is at once aPparent that by its terms me proposed Act can appl to only a very limited number of counties.

Article I,Section IV,Paragraph I of the Constitu tion or Georgia provides that

flLaws of a general nature shall have uniform operation throughout the State,and no special law shall be enacted in any case for which provision has been made by an existing general law."

In the case of

Medders v. Stewart 172 Georg1a,507,

'I'UESDAY, MARCH 19, 1935.

1685

t was held that an Act which conferred upon the tax ollectors of counties having a population of not ess than 6458 and not more than 6462,the powers of heriff in relation to tax executions was unconstiution.al because.violative of the quoted provision f the Constitution. See also 1n this connection Cain v. The State 166 Georg1a,539, oth of these cases referred to are full bench deciions by the Supreme Court and are binding as auhority. It is my opinion that Senate Bill No. 89 s plainly violative of this provision of the Contitution and is therefore void. As I have heretofore stated with reference to ther bills,these Acts which undertake to cor~er upn the tax collector or one county the powers of a heriff with reference to tax fi.fas.,are not only constitutional but,if enforced,will produce unold contusion in the land titles of the county and robably result in almost endless litigation. It a tax collector,pursuant to such an unconstituional law,should levy upon and sell land under a
fi. fa. his deed would convey no titl~ and the ole proceeding would necessarily be void. Sooner later the question would be raised by some party t interest and the court would necessarily have hold that the sale by the tax collector and the ed made pursuant thereto were ineffective to transr title to the property. Such litigation might be tipl1ed any number of ttmes, depending upon how ten the tax collector undertook to exercise the wer sought to be conferred upon him.
Yours sincerely, M.J. Yeomans, Attorney General.
The following bills of the House were read third .me and put upon their passage:

1686

JotrRNAL OF THE SENATE,

By Messrs. Moye and Blease o:t Brooks-

.

House Bill No. 47. A Bill to be entitled 8l1 Act

to prohibit the ~portation into Georgia,or the

bringing across the Georgia line into Georgia :tram

any other state or swine or any kind unless the

same shall have been inoculated :tor swine plague or

cholera,which :tact shall be indicated by the certifi-

cate ot a duly qualified and licensed veterinarian,

to make the violation or this Act a misdemeanor and

prescribe punishment there:tor;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On the passage ot the bill the ayes were 31, nays 3.

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

By Mr. Oden or PierceHouse Bill No. 620. A Bill to be entitled an Act
to appropriate Fifty Thousand ($50,000) Dollars tor the use in combating the screw wor.m in Georgia;and tor other purposes.

The committee otrered the following amendment:

By striking wherever it may appear "State De~art ment ot Entcmology" and insert in lieu therot State Department or Agriculture".

The Committee amendment was adopted.

The report ot the cammittee,which was favorable to the passago or the bill,as amended,was agreed to.

On the passage or the bill,as amended,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson

Beasley Cannon

Carrington Chappell

TuESDAY, MARCH t9, t935.

1687

Cooper Crawford Darden Dennis Dickerson Duncan Edenfield
Gary
Gaskins Goodwin Harden Hart

Holt Johnson of the 31st Johnston of the 39th Jones Kiker King Kirkland Lancaster Lester :McGinty

:McWhorter :Millican Pope Ragan Rucker Scott Sinmons Skelton Smith Strickland Thomas Wright

Those voting in the negative were Senator: Larsen

Verification of the roll call was dispensed with.

The ayes were 401 nays 1. The bill,as amended,ha' ving rece1ved the requisite Constitutional majority,was passed.

Not voting were: Senators Clark of the 44th District Evans of the 29th District,:McGehee of the 25th District,:McLeod of the 9th District,:Milhollin of the 46th District,Rawli~ of the 45th District, Turner of the 32nd District,Vaughn of the 34th District and DuPree or the 21st District.

The following Resolution of the House was read and ordered to lie on the table for one day:

By Mr. Sutton of WilkesHouse Resolution No. 236. A Resolution declaring
the intention of the General Assembly of Georgia on how the funds made available by House Bill No. 3,should be disbursed.

The following privileged resolutions were read and adopted:
BY Senator Lester of the 18th District-
A Resolution extending the privileges or the floor to :Miss Doris Beasley,daughter or the Senator

1688

JouRNAL OF THE SENATE,

from the 2nd D1str1ct,M1ss Sydney McWhorter,daughter of the past president of the State Senate anc Miss Margaret Snooks,all University of Georgia students.
By senator McGinty of ~~e 43rd District-
A Resolution extending the privileges of the floor to Miss Martha Redwine of Fayettville,Georgia; Miss Marion Calhoun of Ashville,N.C.iMiss Carolyn Dickson o! Anderson,s.c.;Miss Alice uunbar or Troy, Alabama;and Miss Elizabeth Espy o! Dothan,Alaba.ma; all students of Agnes Scott. By Senator Jones of the 17th District-
A Resolution extending the privileges of the floor to Hon. Walter McDonald,Public Service Commissioner-elect of Augusta and his charming wife. By Serator Lester of the 18th District-
A Resolution extending the privileges of the floor to Mrs. W.A. Scott and Mrs. Hugh Curley,the charming mother and sister o! the Senator of the 7th District. By Senator Smith of the 24th District-
A Resolution extending the privileges of the floor to Hon. Arthur Lynch,Judge of Recorders Court of Colmnbus and Hon. Walker Flournoy,prominent attorney of Columbus. By Senator Milhollin of the 46th District,Senator Strickland of the 3rd District-
A Resolution extending the p~iv1leges of the floor to Mrs. Homer Eden!1eld,w1fe of the Senator t.rom the 4th District,and their charming daughter. By Senator Rawlins of the 45th District-
A Resolution extending the privileges o! the floor to Herman Talmadge,son of the Hon.Eugene Talmadge. By Senator Simmons of the 8th District-
floAoRr etsoolMutri.osn.wex. teFnredeimngant,hepropmriivnielnetgecsitiozfentheot
Decatur County.

TUESDAY, MARCH 19, 1935.

1689

By Senator Goodwin or the 20th District and Senator Lester or the 18th District-
A Resolution extending the pr1v1leges ot the tloor
to Hon. Jolm c. Lew1s,prom1nent citizen ot Hancock
County and a former member or this Body. Senator Smith or the 24th District moved that the
Senate adjourn and the motlan prevailed. The President announced that the Senate stood
adjourned until tomorrow morning at 9 otclock.

1690

JouRNAL oF THE SENATE,

Senate Chamber,Atlanta,Georgia. Wednesday,March 20,1935.
The Senate met,pursuant to adjournment,at 9:00 o'clock A~. this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Millican or the 35th District asked unanimous consent that the calling or the roll be d1 spensed w1th and consent was granted. Senator Hart of the 36th D1strict,Chairman of the Committee on Journals,reported that he had examined the Journal or the preceding session and round it correct. Senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted. The Journal was cont1rmed. Senator Scott or the 7th District asked unanimous consent that when this Senate adjourn today that it reconvene at 2:00 o'clock for an afternoon session and consent was granted. The Rules Committee fixed the following order of business for the forenoon session this date: 1. Introduction or new matter under the rules. 2. Reports or standing committees. 3. Passage of Senate local bills and Senate general bills with local application. 4. Second reading of bills favorably reported,in the diecretion.of the President as to ttme. 5. General Senate bills ready for third reading.

WEDNESDAY, l\fARCH 20, 1935.

1691

6. House Bill No. 90. House Bill No. 791. House Bill No. 209. House Bill No. 217. House Bill No. 643. House Bill No. 439.
The following resolution of the Senate was introduced,read 1st time and ordered to lie on the table !or one day: .
By Senator Jones of the 17th Districtsenate Resolution No. 109. A Resolution author-
izing and directing the Commissioner of Game and Fish not to furnish any !ish !or restocking purposes to be used in the private ponds of this State except !rom any surplus supply of !ish over and above the amouu~t necessary in keeping the public waters of this State properly stocked.
Mr. Darden of the 51st 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 Bill of the House and have instructed me as Chairman,to report the same back to the senate with the !ollowingrecammendation:
House Bill No. 745, do pass.
Respectfully submitted, Darden of 51st District, Chairman.
Mr. Cooper of the 22nd District,Chairman of the Committee on Municipal Government,subm1tted the following report: Mr. President:
Your Committee on Municipal Government have had under consideration the following Bill or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

1692

JouRNAL OF THE SENATE,

senate Bill No. 256, do pass. Respectfully submitted, Cooper of 22nd District, Chairman.
Mr. Beasley of the 2nd District~Chairman of the Committee on Highways and Public ~oads,submitted the following report: Mr. President:
Your Committee on Highways and Public Roads 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 following recommendations:
senate Bill No. 251, do pass. House Bill No. 926, do pass. House Bill No. 899, do Jjass. House Bill No. 906, do pass. House Bill No. 914, do pass. House Bill No. 907, do pass. House Bill No. 931, do pass. House Bill No. 675, do pass.
Respectfully submitted, Beasley of 2nd District, Chairman.
Mr. Clark of the 44th District,Chairman of the Committee on Counties and County Matters,submitted the follo~~ng report: Mr. Pl1esident:
Your Committee on Counties and County Hatters have had-under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

WEDNESDAY, MARCH 20, 1935.

1693

House Bill No.542, do pass. House Bill No.554, do pass. House Bill No.54l, do pass. House Bill No.955, do pass. House Bill No.729, do pass. House Bill No.930, do pass. House Bill No.922, do pass. House Bill No.844, do not pass. House Bill No.974, do not pass. House Bill No.957, do pass. HHoouussee BBiillll NNoo..682846,, ddoo ppaassss.. House Bill No.937, do pass.
Respectfully submitted, Clark of 44th District, Chairman.
The following_bills of the Senate were read third time and put upon their passage:
By Senator SLmmons of the 8th DistrictSenate Bill No.252. A Bill to be entitled an Act
to amend an Act so as to abolish the office of Tax R.oceiver and Tax Collector o:r Decatur County and create in lieu thereof the office ot Tax Commissioner;and for oth~r purposes.
The report of the camm1ttee,wh1ch was favorable to the passage of the bill,was agred to.
On the passage of the bill the ayes were 32,nays o.
The bill having received the requlsite Constitutional majority,was passed.
By senator Johnston of the 39th DistrictSenate Bill No.253. A Bill to be entitled an Act
to change the time of holding the February term .or the Superior Court of Cherokee County :from the 4th Monday in February of each year to the 2nd Monday in March;and for other purposes.

The report or the comm1ttee,wh1ch was :favorable to the passage of-the b1ll,was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

30,

1694

JouRNAL oF THE SENATE,

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

By senator Pope or the 15th District-

Senate Bill No.254. A Bill to be entitled an Act

to amend an Act creating a new Charter for the City

of Vidalia, Toombs Cotmty, and for other purposes.

approved

August

81 1922;

The report or the cammittee,which was favorable to the passage or the bill,wa.s agreed to.
on the passage or the bill the ayes were 30,nays o.

The bill having received the requisite constitutional majority,was passed.
The following resolution or the Senate was read and adopted:

By Senator Scott of the 7th DistrictSenate Resolution No.llO. A Resolution providing
that a committee or two from the senate and three from the Aouse be appointed to escort His Excellency, the Governor to the Hall of the House or Representatives for his address to the General Assembly.

The following bills or the House were read third time and put upon their passage: By Messrs.Culpepper or Fayette,Harr1s,Lan1er and Barrett ot Richmond-
House Bill No.90. A Bill to be entitled an Act to provide tor 11.cense and excise taxes upon the business or dealing in malt beverages;to allocate funds etc.;and for other purposes.

WEDNESDAY, MARCH 20, 1935.

1695

The Camm1ttee offered the following amendments to House Bill No.90:

AMENDMENT NO. 1. By adding in the third line of the 4th Paragraph after the words,"fermented beverage",the following: "But no such malt beverages shall be sold under the provisions of this Act which contain more than
six {6%) per cent of alcohol by volume."

AMENDMENT NO. 2. By striking the words and figures "Two Dollars and Fifty cents ($2.50)" from the third line of Section 5, and inserting in lieu thereof, the words and figures "One & 25 (Dollars($1.25)" By adding at the end of Section five the following:

"There shall be paid by every brewer,wholesale dealer and retail dealer the following annual State License Tax or Registration Fees:

For-brewers,one thousand dollars ($1,000.00). For wholesale dealers five hundred dollars ($500.-
oo.)
For retail dealers ten dollars ($10.00).

Said fees shall be paid on each place or business operated and shall be payable to the State Revenue Commission immediately upon such brewer,wholesale dealer or retail dealer entering business,and on the first day or January thereafter. Provided that it such tax payer enters business attar January first the fee shall be prorated on a monthly bases.

1696

JouRNAL OF THE SENATE,

AMENDMENT NO. 3.
By adding after paragraph three or Section six, another paragraph to be known as paragraph 3-A, as fallows:

';3-A: If any brewer, wholesale dealer or retail dealer shall rail to file a report as requtred by paragraphs one,two or three of this Section,or files a false or incomplete report,the State Revenue Commission shall enter a report or return for such delinquent tram the best information available and shall add to the tax assessed as a part of the tax twenty five (25) per cent of the gross tax fixed by the Commission and the delinquent shall be notified by mail within ten days of the entering of the return. The amount of the tax thus determined shall become fixed and collectable after the expiration or five days after such notice is mailed, and shall be prima facie correct unless changed or corrected by order of the Commission. Every such brewer,wholesale dealer or retail dealer Shall keep and preserve a proper record of all malt liquors manufactured,purchased and sold by him with such other records as the Commission may prescribe,Which records shall be kept for a period of three years before being destroyed and shall at all times be open to inspection by the Commission,or any authorized agent or employee thereof,and such records shall be kept for a period of three years from the date of such purchase or sale.
Any person,firm or corporation,and each and every officer,employee and agent thereof,who shall continue in the businesses herein described without making the report to the State R~venue Commission,
as herein required,shall be guilty ot a misdemeanor.
The State Revenue Commission shall have power and authority to revoke or cancel any license or permit issued under this Act for wilful failure or refusal to file the reports herein required.

WEDNESDAY, MARCH 20, 1935.

1697

AMENDMENr NO. 4.
By striking Section 7 and inserting in lieu thereof as follows:

"Section 7. That if any business allowed under

the provisions of this Act is proposed to be carried

on within the corporate limits of a mun1ctpal1ty,the

applicant for license shall pay to the proper auth~

tty,to be designated by the governing body of such

munictpality,such annual license fee as may be fixed

by the said governing body,which license shall apply

to and be required for each brewery or place of

manufacture and also for each place or wholesale and

retail d1str1but1on;and it is further provided that

when a~~ of the above described businesses are li-

censed by municipal authority that no county li-

cense tee shall be required by county authority.

However,upon any or the above designated businesses

located outside a mun1c1pality,the governing author-

tty of such county,in which ~1Y of the said busi-

nesses are located is authorized to fix an annual

license tee. The itcense tee so fixed shall apply

to and be required for each brewery or place manufacture an<i r or each place o:r wholesale

aondf

also

for each place of retail distribution outside of the

municipality and/or including towns or c1t1es."

AMEIIDMENT NO. 5 &
Strike !ram the engrossed Bill in Section X,ltnes 5,6,7 and 8 the words and figures arter the word State,so that said Section X when amended shall read as follows:
:section x. Be it further enacted by the author-
ity aforesaid,that tunds derived !rom this Act shall be apportioned as follows: An amount not to exceed three per centum (3%) of the revenue annually shall be paid the State Revenue Commission for enforcing this Act;the remainder shall be set apart and devoted !or the support or the common schools or the State."

AMENDMENT NO. 6.

By adding a paragraph to be lmown as paragraph

seventeen,as follows:



1698

JouRNAL oF THE SENATE,

"Any person who violates the provisions o! this Act,and all officers,directors,partners and employees o! any corporation,partnerShip or firm that violates any o! the provisions or this Act, shall be guilty or a misdemeanor and puniShable as such,unless otherw1~e provided herein.
AMENDMENT NO. 7.
By striking the numbe~ 17 !ram the Repeal Clause and have the Repeal Clause appropriately numbered.
AMENDMENI' NO. 8.
By adding to the caption,be!ora the words "and !or other purposesthe following,to wit:
"and to provide for the holding o! an electfon to ratify or reject this Act."
AMENDMENT NO. 9
By adding another paragraph to be known as Section l8,as follows:
Section 18. BE IT FURTHER ENACTED, that a special election is hereby called to be held in every county o! this State on Wednesday,May 15th,l935, under the same rules and regulations as apply to
elections tor members o! the General Assembly. The
voters' list used in such election shall be the Registered Voters list used in the last general election. At such special election,there shall be submitted to the registered and qualified voters or this State,qualified to vote at the last general election,the ratification or rejection o! this Act. The ballots shall have written or printed thereon the words,"For Adoption Beer License Act,"and the words,"Against Adoption Beer License Act. Those
desiring to vote in tavor ot the ratification or
this Act shall strike out the words,"Against AdoPtion Beer License Act, and those desiring to vote against the ratification or this Act,Shall strike out the words,"For Adoption Beer License Act." The returns or said election shall be certified to the Secretary o! State within three (3) days a!ter said election,and the Secretary or State Shall immediately certify the number or votes "For AdoPtion Beer License Aet." and the number or votes,

WEDNESDAY, MARCH 20, 1935.

1699

"Against Adoption Beer License Act," to the Governor. It a majority of those voting at said election vote "For Adoption Beer License Act," the State voting as a whole,the Governor shall,by proclamation,declare this Act ratified by the people or the State ot or Georgia,and the Act shall,thereupon,became effective. It the State shall vote "Against Adoption Beer License Act," this Act shall,thereupon,became null,void and ineffectual."
On all the amendments to House Bill No. 90 the previous question was moved and the motion prevailed.
The main question was ordered. Committee amendments No. l,No.2,No.3,No.4,No.5,No. 6,No.7,and No.8 were adopted. Senator Smith or the 24th District called tor the ayes and nays on the adoption of Committee amendment No.9 to House Bill No. 90 and the call was sustained.
Senator Atkinson of the 1st District moved that the Senate take a recess for the purposes of repairing to the Hall of the House of Representatives tor a Joint Session to hear an address by His Excellency,the Governor.
The motion prevailed,whereupon further consideration or the bill under consideration was suspe~ded and the Sanate repaired to the hall ot the House ot Representatives.
The Joint Session of the General Assembly was called to order by the President of the Senate,Honorable Charles D.Redwine.
The Honorable John W.Hammond,Secretary of the Senate,read the joint resolution convening the General AssemblY in Joint session on this occasion.
The President of the senate presented Honorable Eugene Talmadge,Governor,who delivered the following address:
MR. PRES I DEN!' ,MR .sPEAKER,MrnBERS OF THE GENERAL AS-
SEMBLY ,LADIES AND GENTLEMEN: When I received the invitation to address this

1700

Jou:RNAL OF THE SENATE,

honorable body on the tax problems of Georgia,! appreciated the opportunity to came and counsel with you.
I wish to state in the beginning that this General Assembly of 1935-1936 has already-Written into law more measures to help the people of this State than any other ten general assemblies combined since the Civil war. I wish to state further that I have been watching the General Assembly for the past fifteen or twenty years and I have never seen a General Assembly work as earnestly and put in as much time on the problems that were before them as this present General Assembly has done.

!also wish to thank WSB and WGST Broadcasting stations for making it possible for us to deliver these short remarks to the people all over the State.

The session met in January and about as soon as the constitutional limitation would allow,they wrote into law a bill that relieves the people of this State from paying $6,000,000 on bac-k automobile tag taxes. They next wrote a permanent law providing , for the $3.00 tag,saving the people over $3,000,000 a year.
A check on the gasoline tax paid into this State, with the increased use of automobiles,will chow that the deficiency in revenue trom the old rate of the tag tax has practically been made -up with the increased use of automobiles and trucks and increased use of gasoline in this State.

Along with this went jobs tor thousands of people in fixing tires,working around garages,sell1ng gas and fixtures tor automobiles.

The next great step by this General Assembly was writing into law my order or suspension or a little over a year ago in a fight for the reduction or the utility rates of this State.

If this ~enera.l Assembly had not approved the sus-

pension order,the $lO,OOOzOOO a year reduction in

utility r~tes to the peop~e or Georgia would have

been thrown into the discard.



WEDNESDAY, MARCH 20, 1935.

1701

This General A?sembly has also passed the $2, 000,000 diversion bill,.diverting the money which bad been saved up in the overhead of the Highway Department for the noble purpose of paying proportionately, the past due indebtedness to the Confederate penaioners an~ the school teachers and the counties of the State tor school purposes.
I spoke to over 300,000 people in Georgia last . year and stated to them that we had removed the old Highway Commissioners and appointed three more men, and that I had requested them to cut down their overhead and save up two million dollars. For whatt For the purpose of paying up the past due indebtedness to our Confederate pensioners and school teachers. Three hundred thousand people heard these words trom my lips.
I argued with them and told them how tired I was of receiving letters from school teachers all over the State, some ot whom had not been paid tor three years. I stated that I thought the school teachers of the State should be pald as promptly as any official in the State.
That bill came before you,and you saw fit in your wisdom to put an amendment to it providing that the distribution should be made according to the Barrett-Rogers law.
It is the duty of the Board of Education,under the terms ot that Act,to ascertain What indebtedness is due, TO BE paid in proportion to the school teacher~ bus drivers and the common schools in this State in all the counties. I wish to state that eomplet6 information had not been received by the School Department. I received a letter trom Dr. M.D. Collins,State School Superintendent,to-day,advising me or this tact.
I wish also to state,that immediately attar this law was passed,Dr. Collins got busy and notified the different counties to let the Board ot Education know the status of their counties.

1702

JouRNAL oF THE SENATE,

MY countrymen,as soon as the Executive Department has time to study the bill ,and check on the intormation,you need not doubt that this $1,500,000 will be paid out exactly according to the Act you passed.

You passed another measure,far reaching in its effects. It will not help me,in a short time I will bid farewell to the Executive Office and the Mansion. MY days in State politics will be over, but it will help the men who come after me. This measure is to elect a Governor for a term of four years. Why, before I was hardly warm in my chair, there was talk around,especially from those who were trying to crowd me to do something,that opposition would come. But thanks to this General Assembly the Governors from 1936 on will have about two or three yaars to look after and carry out his campaign pledges to the people,and will not be busy campaigning all the time.

There is something else that you did which is far-reaching in importance,and that is the election of a Lieutenant Governor. Georgia has been fortunate in that none of her Governors have died since Alexander H. Stephens. This was our last great sadness of this kind. But we all have to die. In other States deaths have occurred and the Lieutenant Governor elected by the people was there to take the Governor's place. A Lieutenant Governor would have to campaign over the State,on issues the people had voted on. The Lieutenant Governor would be President of the Senate and appoint the committees where most of our legislation is controlled.

There have been other bills passed that will benefit the people of the State.

We said something last year about paying up the

indebtedness of the State in two more years and

not raising taxes one dime. I think everyone in

Georgia is familiar with this.

.

WEDNESDAY, MARCH 20, 1935.

1703

During the past two years,my fellow country.men,we have been able to reduce the taxes ot this State and pay up with the two million dollars diversion you made tour millions dollars indebtedness ot the State. There is $2,400 000 more indebtedness that the State owes,beside the $5,000,000 bonded indebtedness ot $5,000,000 which we are retiring ammally.

It this General Assembly will stick to the Appropriation Bill,according to the budget originally submitted to you,and I do not aSk you to stick to the items exactly as set out,but it you will hold the amount ot the budget to the amount submitted to you, by 1937 the indebtedness ot the State will be paid out entirely,and you will not have to raise taxes on anything another dime.

But,my countrymen,does this solve the problem 1n every county and municipality in the State? Does this solve the problem which your county paper carri.es in every issue when you see tax sales goilll on in every county and municipality trom Tennessee to Florida?

Does this solve the issue when the County Cc:mm!ssloners will tell you that same ot the best tar.mers in your county have not paid their taxes in three years?

Does that solve the same issues here in Atlanta

when you see the number. ot tax sales on every month

ot the business houses and the residences,and

property ot all kinds?





It does not solve it.

Ladies and Gentlemen ot this General Assembly,it we can reach out and solve this problem that I am approaching nav, this General Assemol.y will go ringing down the ages tor a hundred years.

At the first ot this session we heard an illuminating speech that was like a tresh breeze -across a hot field trom Senator Huey Long. He said -Share

1704

JouRNAL oF THE SENATE,

the wealth",and we all.enjoyed hearing him talking about "Share the Wealth. I'll tell you what I want to see shared by all or oU:r citizens: I want to see the tax burdens Shared by all or them.

Now listen. It is the law now in Georgia that

every note,every mortgage,every stock and bond

except municipal and county bonds,and State bonds,

be returned to the tax receivers and put on the

tax books and assessed just like all other property.

That is the law or Georgia now. Not only all the

notes and mortgages and the stocks and bonds, but

all the cash money. Tbat is the law or Georgia

to-day,when a man returns his land, his mules and

cows,his household and kitchen furniture to return

his mortgage notes,cash money and everything else,

and his stocks and bonds.

_

But,by common consent,what have we drifted into?

We have drifted into the habit or allowing the J>eople not to return them,and signing it,and everyone knews t.bat they are not returning them.

Right here in the city or Atlanta,piled up in the vaults of the city banks are millions or dollars, and doesn't it cost the Govermnent something to protect this money? Doesn't it cost sametning to have policemen there? And tire protection?

What is the most expensive thing to protect your rights in the courts?

What are most or th~ ~i:ts about? You lawyers know-it is the intangible and invisible property.

That is What it is costing us to protect,it is the invisible and intangible property.,and the reason it bas not been put on the tax books is simple to see. The three and tour per cent bonds cannot pay the 45 mills tax. That is the reason 1t 1s not returned.

When we had good times in Georgia,w1th things selling high and real estate boomtng,we winked at

WEDNESDAY, MARCH 20, 1935.

1705

the fact tba.t this intangible property was not on the tax books and put up with it. But it has reached the point in Georgia where the :tanners cannot pay the 30 mill tax1and that is about the average in Georgia,including the over-all ta.x,and where the city property can not pay from 30 to 45 mills.

I have had property owners,people who owned office

rbeucieldivinegdsfrionmAtthlaenirta~ute1lldlimngesthisatntohteentooutgahl

rent to pay

the taxes and insurance and the jan!tor hire, and

that it is being gradually confiscated. They tell

me this with tears in their eyes. They also stated

that they have cffered to sell the property !or l~ss

than it is assessed for taxes to the Tax Assessors.

Ah,my countrymen, this is the problem that is confronting us,and I wish to compliment this House that in their eagerness to solve this keen and acute problem they got busy and passed a $5,000 homestead exemption law. Right here I wish to say I have an
honest confession to m&ke:

I could not get DW mind on this terrible tax burden until the House passed this $5,000 homestead exemption law. Then that woke me up. I rolled in the bed at night and began to think about 1t. I knew the people were being driven out o! their hanes on account of taxes. I knew farmers were being crippled,and business of all kinds was being criPpled on account o! taxes,and I finally staggered on this, that the reason for it is that property al~ ready exempt,not by law but illegally,was not being returned and they could not get help from exemption. Wby,an exemption of $5,000,-I suppose the representatives from Towns,Union,and Baker counties,are listening--would exempt practically all the property in your counties. In my home county of Telfair it would exempt three-fourths of the property. In speaking in Savannah Monday night, I talked to the Chairman o:r 'the County Ccmmissioners who told me that the $5,000 homestead exemption woUld exempt two-thirds o:r the property in Chatham County.

1706

}OURNfL OF THE SENATE,

Would it be right for a man worth $100,000 who

has 1t hid out in invisible property,and the only

visible property he had would be the house he was

living in,to have this five thousand dollar ex-

wemasptaiolni

on that house,when right next door ttle orphan girl who owned a house

to him and lot

but could live in it by herself and would have to

live with people someWhere else,but her property

would have to be taxed?

we have different kinds of citizens in Georgia.
Georgia protects her ne~oes and gives them schooling five times in proportion accorcl_ing to the taxes they pay,and I want them all from washington to hear these words-but would it be right tor a $5,000 exemption to exempt practically all negroes taxable property in Georgia from taxes whatsoever?

So,wha.t is the right way out? I only believe. I only have 1'aith. I only have an idea. It it 1s right~let's carry it through. If it isnrt right give me an idea,and I will help you to carry it through.

Heres,my idea: Yesteraay,the Conference Committee reported to the House and Senate that they had passed a C6nstitutional Amendment classityjng intangible or invisible property. The House and Senate accepted it. This is a Constitutional amendment and it will be submitted to the people and it ought to be.done.

What does this mean ?-lt means putting a limitation on intangible property. That is all, that is what it means and nothing more. What .does it mean it it is made effective? You can cut tax dodgers down to five mills and you are still not going to get them on the books unless you put teeth in the law.

There aren't any of us who will voluntarily come in and put up the taxes,espec1ally when they are money mad, but when that Constitutional Amendment is adopted by the people,! want you to came back here and put teeth !n the intangible law and make them

WEDNESDAY, MARCH 20, 1935.

1707

have to register those mortgages and notes and stocks and bOJ1ds w1 th the Tax Collector and go further and provide for all the money deposited in the banks and in the Post Offices to get on the tax books.

Some people sit back and say that it is politics. I am not talking about a strict subJect no,but general,social talk. You can drive tbrough the counties and beautiful towns and meet coupon clippers, and they will say it is politics and laugh. And about the time of elect.ton if they can take a yacht trip ,you will find them doing it. Why' Because their names are not on the tax books. They are tax dodgers. That is why. Letts make civilians out of our tax dodgers. Letts go further than that-letts make ward healers out of them, Let's get them interested in elections.

I wiSh to look you men in the face and tell you

this,that the pressure to create mare government,

more boards and bureaus and raise government offi-

,cials salaries, comes from the .influential and afflu-

ential who are our tax dodgers. That is where this

comes from because they lmow they are not on the

tax books,but 1f you ever get to talking to the man

who is at work,trying to give people jobs and pay

their taxes ,and ask him about creating these Boards

and Bureaus and raising some salary he~ "no,cut it,cut

government it-" ,because

ohfefiicsiahle'slP-

ing to pay it. That is why.

When you begln to classify 1ntangibles,what 11mit

are you going to put on a three or four per cent

bond'P When you begin are you going to put

to on

ccalashssmifoynemy otnheay'1t

what limit is hid away

in the vaults or Post Office' It is going to be your
job. You can not put a confiscatory limit on it.

You must put a 11m1t on it that will live and let

live. That is what you must do.

Now,listen,the reason I advocated a ten ~11 limitation on land and visible property is not to get the proportion too wide between visible and invisible, or tangible and intangible. Do not get it too wide apart. I wish to say this,there is Justification

1708

JouRNAL oF THE SENATE,

in at

the the

argument tor a exact worth of

dt hifatterbeun1cl~~1nYgoua ccraonsns otthaer r i v e

street. You cannot arrive at the exact worth or a

bunch or hogs, or cows or mules. This is a matter

ot judgment,and the collDlon acceptation or it in

normal times was that it was returned at 6~,but

since hard times !twas. returned at about 120 per

cent of 1ts value. But that $100 bond,note or

mortgage,1s to be returned at $100 and $1000 cash

in the bank is returned at that. No judgment is

required there. In normal times,and I wish to 881'

that they are coming back in good old Georgia, the

soil properly and intelligently handled will return

more on the investment than a three or tour per cent

bond.

I wish to say again that in stumbling on this idea I checked back and round that we are not pioneers. Other States have a ten m1ll,over-all limit. Texas went to the bat on 1t. Florida is fighting tor 1t to-day. She has fotmd the exemption does not work and the ag1 tation is going on in Florida that they must completely revise the tax systEIIl there.

In that middle se.ction of Florida,and there are men there v.tlo work just like they do here in Georgia, they work to produce the vegetables, oranges and truck stutt that we see coming throue Georgia,and they realize that what they need is Share the Burden even in that State,and exempt no one. It is amusing to look at the tax rate 1n Georgia by counties. It runs from 3 mills tor strictly county purposes to 26 mills. That is tor county purposes.

I was talking to a citizen yesterday,a former

Senator and Representative in Georgia,who told me

about his district, in that particular

sIcdheoaol11dn iMstarcoicn tCaoubnotnyd.

They issue

had tor

school purposes,and the valuation or the property

had decreased to Where there is 8 mills tor bonded

51nmdeibl ltsedtnoerssc,5oumntiyl lps utroporsel os,cmaalk1sCnghoaolt oput arpl ooset s18and

mills there in Ideal district, in Macon County. On

WEDNESDAY, MARCH 20, 1935.

1709

top o:r that letts see what the county rate is. They have a low county rate,eight mills, then !our mills State. Ideal is an incorporated t<Mn.,a City o:r the State and they have a city tax o:r 16 mills.

This is where we are driving in Georgia.

Put your limitation on the tangible property and i! Iam your Governor,as soon as this intangible amendment that you voted on yesterday is passed by the people you will be called back here and then we will have to go after it and work it out.

I believe i! all the property in gible and intangible,is put on our

Gt aexorbgoioaK1 St h

e tanand we

know that it is there, I dontt believe we will

need much more taXes.

If we do need more,who would _you rather risk to pro-

tnan vide for it than yoursf;!lve~! ~ynu have the o_m>ortun1ty.

Rno woti~d you ra~ner risk

yourselves' Tfie other

daY a delegation,a !er.r dist~is~ed delegation tram

one o:r the large cities o:r the State called by my

offlce and was interested 1n a bill to get a four

million dollar corporation into Georgia for paper

making purposes~and wanted to exempt them from taxes

tor fifteen years.

I am interested 1n those industries coming to our State. We have the products here. We have the cll.DI8.te and the best people in the world,and we are going to get them. But no trick legislation will get them. Thev do~t !1gure on 15 years,Four milllo.u aollars aoesn' t. They figure on 50 or 100 years,and if you will write into the common laws of our State a Constitutional 11m1tation on the tangible propercy you will see manufacturers coming out o:r the north and east, and coming to Georgla, you will hear the wheels spin and we will have industries all over this State.

Georgia's current deb~ is $2,80QlOOO;her bonded indebtedness is less than $s,ooo,uuo. Georgia is
1n the best shape ot any Sta~e I know of in the
Union.

1710

JouRNAL oF THE SENATE,

Georgia bonds sell higher than any other bonds. City of Savannah bonds are 132;Atlanta bonds at 125, and no sale. That is the enviable position we are in while some of our neighboring and adjoining States' bonds go begging at fifth per cent of par value.

Letts not turn around. Letts lead every other State in the United States. The United States bas its eyes on Georgia. Georgia is sane. Georgia is conservative. Georgia knows you can't borrow yourself out of debt. Georgia knows you can't make water run up hill. Georgia knows you ca.ntt drink yourself sober. It is a man's -job we have now.

Before the Capitol was remodeled,they bad a lot
of pictures around here on the walls. I used_to
look at them: George M. Troup,Alexander Stephens, Bob Toanbs,John B. Gordon and scores of others. I wish you had them on the walls of our law making halls now. We should get them back here,so that you would realize when it comes to thinking in seconds tt~t the old father patriots were looking down upon you.

A storm,w1th its wind and its waves,and lightning, bas the power to destroy. It can sweep it all down and wipe out half of the State,and the lives and property at one lick. It bas '&he pcwver, but not the responsibility. Men,human beings,are the onJ.y ones to whom God gave the power and also the responsibility.

You men,of all th& men who have met in Atlan _Georgia,s1nce the Constitutional Convention of

t1aS77,

have the power to d1stribute,not the wealth,but the

burden that has been bearing down the heaviest on

our people who are really at work and trying to do

something.

Eugene Talmadge.

Upon a motion by Mr. Harris of Richmond the Joint

Session ot the General Assembly was dissolved. The

Senate returned to the Sena.te Chamber.



WEDNESDAY, MARCH 20, 1935.

1711

The President called the senate to order. consideration ot House Bill No.90,which was. suspended at the period of reces~,was resumed.

On the adoption of Committee Amendment No. 9 to House Bill No. 90,an aye and nay vote having been previously ordered,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon Carrington Chappell Clark Cooper Crawford Darden Dickerson Duncan Edenfield

Gary Gaskins Goodwin Harden
Hart
Holt Johnson of the 31st Johnston of the 39th Kiker King Kirkland

McLeod McWhorter Milhollin
Pope Ragan
Scott Simnons Strickland Thomas Vaughn Wright Dupree

Those voting in the negative were Senators:

Evans Jones Larsen

Lester McGehee McGinty

Skelton Smith

Verification of the roll call was dispensed with.

The ayes were 36, nays 8.

The amend.Ioont having received the requisite Constitutional majority,was adopted.

The report ot the committee,which was favorable to the passage ot the bill,as amended,was agreed to.

The following minority report filed wlth House Bill No. 90 was read:

1'712

JouRNAL oF THE SENATE,

Minority Report

We the undersigned members of the Senate Temperance Committee hereby tile a minority report and recommend that House Bill No. 90 known as the Beer bill do not pass.

wJ..

H. M.

McGehee Goodwin

of ot

the the

25th 20th

District District

E. R. King of the 11th District

Senator Crawford ot the 42nd District moved the previous question on the bill,as amended,and the motion prevailed.

Senator Larsen ot the 16th District called tor 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:

Almon Atkinson Beasley Cannon Chappell Clark Cooper Crawford Darden Dickerson Edenfield
Gary

Gaskins Harden Hart Holt Johnston ot the 39th Jones Kirkland Lancaster McGinty McLeod McWhorter

Milhollin H1liican Pope
Ragan
Rucker scott Smith Strickland Turner
Vaughn
Wright

Those voting 1n the negative were Senators:

Carrington Duncan
Evans
Goodwin Johnson of the 31st

Kiker
King
Larsen Lester McGehee Simmons

Skelton Thomas Dupree

WEDNESDAY, MARCH 20, 1935.

1713

The roll call was verified.

The ayes were 34,nays 14.

CoTnhsetibtuiltlio,ansalammeanjdoerd!-1rh.ya,wv1ansgpraescseeidv.ed the requisite

Not voting were : Senators Dennis or the 28th District and. Rawlins or the 45th District.

Senator Atkinson or the 1st District aSked unanimous consent .that House Bill No. 90 be immediately transm1tted to the House and consent was granted.

The President introduced to the Senate at this time Lieutenant-Governor and Mrs. Chandler or Kentucky and their two children.

Senator Johnson or the 31st District asked unanimous consent that the captions or House Bills No. 645 and No. 953 be read and consent was granted.

Senator Johnson then made the point that House Bill No. 953 was out or order,since lT. was or a similar nature as House Bill No. 645.

The President sustained the point made by Senator Johnson of the 31st and ruled that House Bill No. 953 was out or order.

The President announced the following as a Committee or Conference on the part or the Senate to confer with the like Committee or the House on House Resolution No. 12-13A:

Senators Pope of the 15th District,

Duncan ot the 23rd District,

and Johnson ot the 31st

District.



Mr. Kirkland of the 49th Distrl ct,Chairman of the Committee on Western and Atlantic Railroad,subm1tted the following report:

1714

JouRNAL oF THE SENATE,

Mr. President: Your Caaaittee on Western and Atlantic Railroad
have had under consideration an examination ot the State's property 1n Chattanooga. and have instructed me as Chairman, to report back to the senate w1th the tollowing recommendations:
The Ca:mnittee tinds the Western and Atlantic Rail.road in good condition and we turther .tind the de~ots along the line trom Atlanta to Chattanooga being repaired and painted. We tind about 30 stores rented tor approximately $30.00 eaeh,3 tilling eta. tiona and 1 bus station,all well located and rented.
Said property bound and described as tollows: Narth,by Ninth Street;Eastiby Market Street;South, by Western and Atlant1e Ra lroad;West, by Chestnut Street,eamprising three and one-halt aeres.more or less,in the City ot Cbattanooga,Hamilton County, Tennessee.
We tind the Eastern Hotel located on the corner ot Market and 11th Streets on a lot fronting 61 teet on Market Street and extending back along 11th Street 167 teet,in very good condition but we reeonmend that this property be repaired. We turther tind the Plaza Hotel in good eonditi on w1th 79 roams and 45 ot fltlieh are in perteet condition and well turnished. We tind the property at present in good hands and being well eared tor under the Custodian, Hon. J.J.E. Anderson,reeently appointed by the Governor.
We recommend that the tire escapes be repaired and painted and that the two hotels,the Eastern and Plaza,pr<?perty ot the State ot Georg1a,be painted.
ResJp.enc.tfKulirlyklasnudbmoittt4e9d,th District,
Cha1nua.fi.

WEDNESDAY, MARCH 20, 1935.

1715

senator Hart or the 36th District and senator Jones or the 17th District,as a committee on ths part ot the Senate to the In'ter-state Assembly ot American Legislators,tiled the following report: Mr. President and Members or the Senate:
Your Committee appointed to attend the Second Inter-state Assembly ot the American Legislators AssociationLWhich met at the Mayflower Hotel 1n Washington,u.c. February 28-March 1 and 2,beg leave to make the following report:
The Assembly was called to order as scheduled at 9 A.M. Thursday,February 28th with Hon. Wm. B. Belknap ot KentuckyiPres1dent or the American Legislators Association, n the Chair.
The Assembly met in regular three-day session through Thursday,Friday and Saturday.. clos1ng with regional group meetings on Sunday,March 3.
In the opinion or your Cammittee,this Inter-state Assembly has in it the basis ot a great movement tor the forty-eight States in the union. During this session or the Assembly every state in the Union was represented either by House or Senate appointees or by appointees of the Governor ot the various states,including representatives from Hawaii. The interest man1tested by the various_,. states was demonstrated by the fact that several Governors, several Speakers or the Houses or various states and other ~portant State Legislators were 1n attendance.
The main interest ot the Second-Inter-state.Ass~ bly was centered in deliberations upon harmonizing the tax laws or the Federal Government with those ot the various states, as well as harmonizing the tax laws ot contiguous states. The question ot tax conflicts was explained to the Assembly by such important tax experts as Representative Robert L. Dougb.ton,Chairman or the House Ways and Means Committee and by Representative Fred M. Vinson,Chairma.n or the Sub-ccmnittee on Double Taxation or the House Ways and Means Committee.

1716

JouRNAL or THE SENATE,

Your Committee was favorably impressed with the remarks of Congressman Vinson. He stressed the fact that this question would not be finally solved today,tamorrow nor perhaps in the next decade,but he emphasized the importance of study and research along these lines.
Your Committee believes that the clarification of this matter will be of greatbenet1t to the various states,as well as to the Federal Government in matters of taxation,and will ultimately result in the gaining of much additional revenue tor both State and Federal Governments without the imposition ot any higher taxes on the individual citizen or taxpayer. Indeed,we are of the opinion that this will relieve the overburdened citizen of much of the double taxes which now result tram conflicting taxation.
It was not only suggested but recommended by this Assembly that certain fields or taxation be lett to the Federal Government and certain other fields be lett to the various states,i.e. it the Federal Government is to stay in the field of incame taxation,then the States should not invade that area ot taxes,while on the other hand,if the States are to enter the field of sales taxes,then it 11S requested that the Federal Government retire tram this tonn ot taxation,and so on in other phases ot the question of ~tion. It was suggested that in order to avoid contlict,such harmony of effort should be attempted by Federal and State Governments.
In the opinion of your Camm1ttee,1t was rather clearly demonstrated that in this day of rapid transportation and communication and inter-state carmnerce ,hann.ony in both Federal and State laws can be accamplished only by cooperative efforts between the Federal and the State Governments.
The purposes ot the American Legislators Association are entirely non-partisan and its work has


. WEDNESDAY, MARCH 20, 1935.

1717

so tar been supported mainly by financial contributions trom various charitable foundations.
We believe that eventually we shall all be very grateful to those who initiated this movement.

There is now a bill before Congress asking tor an

appropriation ot $40,ooo.oo_per annum tor the con-

tinuance and the enlargement ot the activities ot

the American Legislators Association,and a resolu-

tion was adopted aSking the members ot the delega-

tions to recommend to their respective legislatures

the passage ot to appropriate

athriessosalmut.ionRemcoegmnoizriinalgiztihneg

Congress extreme

importance or the movement,we are glad to make

this recommendation. It was further reconmended

that we request our own legislature to make an aP-

propriation tor this purpose in a sum ot not less

than $2,000.00 per ~um,Which we likewise are

pleased to do. Several states have already made

approprlations ror this.purpose,some as h1gn as

$5,ooo.oo.

The members or this Committee desire to express their appreciation tor the privilege or attending this Assembly. We not only received many constructive ideas but also greatly enjoyed the association and contact with the many legislators and officials from all parts ot this nation.

Respectfully submitted, John J. Jones Senator,l7th District.

William A. Hart senator,36th District.

'l'he following Dl)ssage was received :rrom the House through Mr. Kingery, the Clerk thereo:r:

1718

JouRNAL oF THE SENATE,

Mr. President: The House has passed by the requisite Constitu-
tional majority the following Bills or the House to wit: By Mr. Milam o:r Spalding-
House Bill No. 147. A Bill to be entitled an Act to parmit trapping o:r fur-bearing animals by means o:r steel traps;and tor other purposes. By Messrs. Durden and 8abados ot Dougherty-
House Bill No. 286. A Bill to be entitled an Act to amend Section 34-3203 or the 1933 Code by providing tor the ma.mer o:r holqing primary elections, by providing that same shall apply to county otticers;and tor other purposes. By Mr. Allen o:r Baldwin-
House Bill No. 297. A Bill to be entitled an Act to amend an Act relating to bonds-of depositories, by providing that deposits insured by Federal Deposit Insurance Corporation need not be secured by . deposit o:r securities;and tor other purposes. By Mr. Grayson o:r Chatham-
House Bill No. 875. A Bill to be entitled an Act to repeal Section 29-301 or the 1933 Code by enacting a new section in lieu thereot;and tor other purposes. By Mr. Gammage o:r Terrell-
House Bill No. 929. A Bill to be entitled an Act providing a method tor the erection or fish ladders or passageways tor the passage o:r !ish 1n the fresh water streams or this State;and tor other purposes.
By Mr. Johnston ot UpsonHouse Bill No. 968. A Bill to be entitled an Act
to regulate target shooting in certain counties in .Georgia having a population ot not less
than 19,500 and not more than 19,520 persons.

WEDNESDAY, MARCH 20, 1935.

1719

Mr. Harris of RichmondHouse Bill No. 485. A Bill to be entitled an Act o amend Section 113-2004 of the Code so as to auhorize the Ordinary to make allowances to adminisrators;and tor other purposes. Messrs. Allen and Ennis o:r BaldwinHouse Bill No. 546. A Bill to be entitled an Act o amend the 1933 Code by adding a proviso at the nd of Section 95-802,exempting persons trom road uty in certain counties;and tor other purposes. Mr. Batchelor of PutnamHouse Bill No. 193. A Bill to be entitled an Act o provide that robbery by force or intimidation ith deadly weapons shall be punishable by death, r life 1mprisonment,upon the recommendation of ercy by the trial jury;and tor other purposes. Messrs. Durden and Sabados of DoughertyHouse Bill No. 189. A Bill to be entitled an Act o exclude from participation in political primaries d general elections,candidates of political parties ich advocate the overthrow of the National Govern~ ent;and for other purposes. Messrs. Jackson of Blackley,Bloodworth of Bibb, arker of Colquitt,Almand of Fulton,Reagan o:r Henry d Bennett of WareHouse BiD. No. 164. A Bill to be entitled an Act o create a corporation to be lmown as w-The Georgia
";to provide for its organization,govermnent, owers and incon::o;and tor other purposes. The following message from the House was received hrough Andrew J. Kingery ,Clerk
President: The House has agreed to the Senate Amendment to he follow1ng Bills of the House,to wit: Messrs. Joel and Cobb o:r ClarkeHouse Bill No. 658. A Bill to be entitled an Act

1720

JouRNAL or THE SENATE,

to require candidates tor General Assembly in primary elections in counties or a certain population to designate the candidate they oppose and the position for Which they offer;and for other purpose By Messrs. Hartsfield,Ramsey and Almand of Fulton-
House Bill No. 771. A Bill to be entitled an Act to amend an Act establishing the Criminal Court ot Atlanta so as to reduce and fix the amount of the annual salaries to be paid the Judge,the Solicitor General and the Deputy Solicitor General of said Court;and for other purposes. By Messrs. Almand and Hartsfield of Fulton-
House Bill No. 677. A Bill to be entitled an Act to amend an Act approved March 23,1933,regulating primary elections in cities of 200,000 or more, by inserting a new section extending terms of executi committees to three years;and for other purposes. By Messrs. Dyer and Arnall of Coweta, Dean of Rockdale and Campbell of Newton-
House Bill No. 204. A Bill to be entitled an Ac to provide for the sterilization or selected persons from inmates or State Institutions and person recommended by the State Board or Eugenics;and for other purposes. By Mr. Harris or Richmond-
House Bill No. 640. A Bill to be entitled an Ac to amend an Act providing for an occupational tax on all distributors of motor fuel and/or kerosene within the State of Georgia;and for other purposes
The following message from the House was receive through Andrew J. Kingery,Clerk: Mr. President:
The House has agreed to the Senate Substitute to the following Bill of the House,to wit: By Mr. Jones ot Brantley-
Hause Bill No. 851. A Bill to be entitled an Ac

WEDNESDAY, MARCH 20, 1935.

1721

reating and establishing tor Brantley County,Georia,a County Manager,providing tor his qualiticaions and election,fixing his bond,compensation nd duties;and far other purposes.

The following message from the House was received brough Andrew J. Kingery,Clerk.

President:

The House has disagreed to the Senate Substitute o the following Bill of the House,to wit:

Hr. Thompson of MuscogeeHouse-Bill No. 77. A Bill to be entitled an Act o amend Chapter 26-16 of the Code of Georgia of 933,which defines the offense ot kidnapping,etc.J
for other purposes.

The Speaker has appointed as a Ca,mmtttee of Conerence to confer with a like Committee on the part t the Senate, the following members of the House.

Messrs. Thpmpson of Muscogee;Lindsay of DeKalb d McGraw ot Meriwether.
The following House Bill was read the third time d put upon passage: Mr. Cobb of ClarkeHouse Bill No. 791. A Bill to be entitled an Act promote temperance and prosperity for Georgia ople;to legalize the making of light domestic ines;and for other purposes.

The Committee on Temperance offered the following ndments to House Bill No. 791:

1. ay adding to the caption atter the word "crops"

d before llowing:

the wards "and tor other 11And to provide for the

hpourldpoinsges"orthaen

ection to ratity or reject this Act."

2. By striking the number ot the repealing Section d inserting as the number thereof the words and gures "Section VIII."

1722

JouRNAL oF. THE SENATE,

3. By adding a new Section to be known as section VII as follows:
Section 7. Be it further enacted,that a special election is hereby called to be held in every count of this State on Wednesday,May 15,1935,under the same rules and regulations as apply to elections to members of the General Assembly. The registered voters list used in such election shall be that use in the last general election. At such special elec tion,there shall be submitted to the registered and qualified voters of this State,qualified to vote at the last general election,the ratification or rejection of this Act. The ballots shall have writte or printed there()n the words, "For adoption Georgia Products Wine Act, 11 and the words,"Against adoption Georgia Products Wine Act." Those desiring to vote in favor of the ratification of this Act shall strike out the words "Against adoption Georgia Prod ucts Wine Act," and those desiring to vote against the ratification of this Act,shall strike out the words, "For adoption Georgia Products Wine Act," Th returns of said election Shall be certified to the Secretary of State within three (3) days after said election1and the Secretary of State shall immediate ly certify the number of votes "For adoption Georgi Products Wine Act",and the number of votes,"Against adoption Georgia Products Wine Act," to the Governo If a majority of those voting at said election vote '1For adoption_GeQrgia Products Wine Act, 11 the State voting as a whole~the Governor shall,by proclamatia declare this Act ratified by the people of the Stat of Georgia,and the Act shall,thereupon,become effec tive. If the State shall vote "Against adoption Georgia Products Wine Act," this Act shall,thereupo become null,void and ineffectual."
4. By striking the words "ten per cent" from the 7th line of section 4 and insert in lieu the words "fifteen per cent."
The committee amendments were adopted. The report of the Cammittee,which was favorable to the passage or the bill,as amended,was agreed to

WEDNESDAY, MARCH 20, 1935.

1723

The following minority report filed With House Bill No. 791 was read:

Minority Report We the undersigned members of the Senate Temperance Committee hereby file a minority report and recommend that House Bill No. known as the bill do not pass.

J.H.McGehee of the 25th District, W.M.Goodwin of the 20th District,and E.R.King of the 11th District.

On the passage of the bill,as amended,the roll s called and the vote was as follows:

in the affirmative were Senators:

Gaskins Harden Hart Johnston of the 39th Jones Kirkland Lancaster McGinty McWhorter

Milhollin Millican Pope
Ragan
Rucker Scott Smith Strickland
Vaughn
Wright

Those voting in the negative were Senators:

arrington ennis
can ans oodwin

Johnson of the 31st Kiker King Larsen Lester

McGehee S1mmons Skelton Thomas Dupree

The roll call was verified.

The ayes were 29,nays 15.

The b1ll,as amended,having received the requisite onstitutional majority,was passed.

1724

JouRNAL oF THE SENATE,

Not voting were: Senators Chappell o:r the 13th District,Dickerson o:r the 5th District,Holt o:r the 48th District,McLeod o:r the 9th District,Rawlins o:r the 45th District and Turner of the 32nd District.

Senator Atkinson of the 1st District asked 1Ulantmous consent that House Bill No. 791 be immediately transm1 tted to the House and consent was granted.

The following resolutions of the senate were read and adopted:

BY senator Vaughn o:r the 34th District-

Senate Resolution No. 111. A Resolution author-

tizoinHgona.nwd .inKsetlrluycHtionlgt

the and

HStoant.eGTeorergaesuwre. rDtuoprpeeay

the per diem and mileage :tor the full term o:r the

regular session of the General Assembly.

BY Senator Vaughn of the 34th District-

Senate Resolution No. 112. A Resolution authoriz-

ing and Garland

instructing watk1ns,son

the o:r

St
Dr.

aJte.wT.Gre. aWsuartekrintso,:rpoaryteJundge

days tor the service o:r his :rather as Chaplain.

Senator Millican of the 35th District arose to a point of personal privilege and addressed the Senate.

Sena~or Rucker o:r the 50th District arose to apoint o:r personal privilege and addressed the Senate.

Senator Jones o:r the 17th District arose to a point of personal privilege and addressed the Senate.

The hour o:r adjourmnent having arrived the President announced that the Senate stood adjourned until 2:00 o'clock P~

.A?l'ERNOON SESSION
The President called the Senate to order.

The Rules Committee fixed the following order o:r business :tor the afternoon session o:r ~his date,proceeding consideration o:r House BUl No. 56l,w1th the consent of the Chairman o:r the Finance Committee:

WEDNESDAY, MARCH 20, 1935.

1725

1. Reports of Standing Committees. 2. Reading House Bill the first time for reference. 3. Reading House Bil~s favorablY reported by committees the second time.

Mr. carrJngton of the 27th District Chairman of the Committee on Public Utilities submitted the following report:

Mr. President:

Your Committee on Public Utilities bave_had under consideration the following Bills and Resolution of the House and have instructed me as Cba.innan,to report the same back to the Senate with the following recommendations:

House House House

Bill Bill Reso

No. No. lutio

n6819N1411o.

do not pass . do not pass. 210, do not

pass.

RespectfullY submitted, carrington of 27th District, Chairman.

Mr. Ragan of the 14th District Chairman of the Committee on Pensions submitted the following report:

Mr. President:

Your Committee on Pensions have had under consideration the following Bill of the House and have instructed me as Chairman to report the same back to the Senate with the foilowing recommendations:

House Resolution No. 2177a, do pass. House Bill No. 3591 do pass.

RespectfullY submitted, L.c. Ragan of 14th District, Chainna.n.

1726

JouRNAL or THE SENATE,

Mr. vaughn o:r the 34th District Chairman o:r the Committee on Special Judiciary submitted the following report: Mr. President:
Your Committee on Special Judiciary have had under consideration the following Bills o:r the House and have instructed me as Chairman to report the same back to the Senate with the :roilowing recommendations:
House Bill No. 972, do pass. House Bill No. 944, do pass.
RespectfUllY submitted, Vaughn o:r 34th District,
Chairman. Mr. Darden ot the 51st District,Chainna.n or the Committee on State o:r Republic submitted the following report: Mr. President: Your Committee on State ot Republic have had under consideration the following Bills and Resolutions ot the House and have instructed me as Chairmanito re-
port the same back to the Senate with the to lowing
recommendations: House Bill No. 925, do pass. House Bill No. 939, do pass. House Resolution No. 153-684-b,do pass. House Resolution No. 205-923a,do pass. RespectfullY submitted, Darden ot 51st District, Chairman .Mr. Beasley or the 2nd District Chairman o! the
Camm1ttee on Highways and PUblic Roads sul:mitted the following report:

WEDNESDAY, MARCH 20, 1935.

172:1

Mr.President: Your Committee on Highways and Public Roads 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 following reconun.endations:
House Bill No. 934, do pass by substitute. Respectfully submitted Beasley ot 2nd District, Chairman.
Mr.Johnson of the 31st District,Chair.man ot the Committee on Amendments to the Constitution submitted the following report: Mr.President:
Your Camn1ttee on Amendments to the Constitution have had under consideration the tollow1ng Reso- . lution ot the House and have instructed me as Chairmane, to report the same back to the senate with the following reconmendation:
House Resolution No. 123-605-B,do pass. Respectfully submitted, Johnson ot 31st District, Chainnan.
Mr.~_easley or the 2nd District,Cha1~ of the Committee on Highways and PUblic Roads submitted the following report: Mr.President:
Your' Committee on Highways and Publi~ Roads have had under consideration the following Bill ot.the House and have instructed me as Chainnan, to report the same back to the Senate with the following reconun.endation:

1728

JouRNAL oF THE SENATE,

House Bill No. 963, do pass.

RespectfullY submitted, Beasley or 2nd District, Chairman.

Mr. Beasley or the 2nd District,Chairman or the Committee on Highways a.~d Public Roads subndtted the rollowtng report:

Mr. President:

Your Committee on Highways and Public Roads have bad under consideration the following Bill or the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recOIIDilendation:

Senate Bill No. 226, do pass.

RespectfUllY submltted. Beasley ot 2nd District, Chairman.

Mr. Lester Committee on

Aorppthroepr1i8atthioDnsissturbimc1t~Ctehdairtmheanfoolrlotwbeing

report:



Mr. President:

Your Committee on Appropriations have bad under consideration the following Bills or the House and have instructed me a.s Chairman,to report the same back to the Senate with the tollowing recommendations:

ijouse Bill No. 240,do pass as amended by the committee.
House Bill No. 206, do pass.

Respectt~l~ submitted, Lester ot 18th District, Chairman.

WEDNESDAY, l\fARCH 20, 1935.

1729

Mr. Simmons of the 8th District,Chairman of the Committee on Finance,submitted the following report:

Mr. President:

Your Committee on Finance have had under consideration the following Bills and Resolution of the Senate and House and have instructed me as Cbairina.n,to report the same back to the Senate with the following recommendations_:

House Resolution No. 176-780C,do not pass. Senate Bill No. 85, do not pass. Senate Bill No. 87, do not pass.

RespectfullY submitted, Simmons of 8th District, Chairman.

Mr. Beasley of the 2nd District,Chairman of the

Committee on Highways and Public Roads,submitted the

:tollow1ng report:

-

Mr. President:

Your Camm1ttee on Highways and Public Roads 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 following recommendation:

House Bill No. 882, do pass.

RespectfullY submitted, Beasley of 2nd District, Chairman.

Mr. Cooper or the 22nd District,Chairman of the Committee on Municipal Government,subm1tted the following report:

Mr. President:

Your Committee on MUnicipal Government have had

1730

JouRNAL OF THE SENATE,

under consideration the following Bills of the House and ha.ve instructed me as Chairman.,to report the same back to the Senate with the following recommendations:
'House Bill No. 969, do pass. House Bill No. 949, do pass. House Bill No. 971, do pass. House Bill No. 967, do pass by substitute.
Respectfully submitted., Cooper of 22nd District, Chatman.
The following bills of the House.,were read the first t1me.,and referred to committees: By Hr. Milam of Spalding-
House Bill No. 147. A Bill to permit trapping of fur-bearing animals by means of steel traps;and for other purposes.
Committee on Game and Fish. By Messrs.Jackson of Bleckley,Bloodworth of Bibb, Parker of Colqu1tt.,Almand of Fulton.,Reagan of Henry, and Bennettof Ware-
House Bill No.l64. A Bill to creat~ a corporation to be known as the Georgia Bar;and for other purposes.
Committee on Uniform Laws. By Messrs.Durden and Sabados of Dougherty:
House Bill No. 189. A Bill to exclude tram participation in political primaries candidates who advocate the overthrow of the National Government;and tor other purposes.
Committee on State of Republic. By Mr. Batchelor or Putnam-
House Bill No.l93. A Bill to provide that robbery by torce with deadly weapons shall be punishable by

WEDNESDAY, MARCH 20, 1935.

1731

death or life tmprisonment; and for other purposes.

Committee on Special Judiciary.

By Messrs.Durden and Sa~dos of DoughertyHouse Bill No.286. A Bill to amend the Code of
Georgia by providing for the manner of holding primary elections;and for other purposes.

Committee on Special Judiciary.

By Mr.Allen of BaldwinHouse Bill No.297. A Bill to amend an Act relating
to bond of depositories;and for other purposes.

Cammittee on Banks and Banking.

By Mr. Ha_rr_1s of Richmond-

_

House Bill No.485. A Bill to amend an Act so as to

authorize the Ordinary to make allowances to admin-

istrators;and for other purposes.

Committee on Judiciary No. 1.

By Messrs.Allen and Ermis of BaldwinHouse Bill No.546. A Bill to amend the Code of
Georgia of 1933 by exempting persons from r'Jad duties in certain counties;and fGr other purposes.

Committee on General Judiciary No. 2.
':
By Mr. Grayson o! CbatbamHduse Bill No.875. A Bill to repeal an Act relating
to the running o! covenants with land;and for other purposes.

Committee on General Judiciary No. 1.

By Mr. GaJmnage of TerrellHouse Bill No. 929. A Bill providing for !ish
ladders for the passage of fish in the fresh water streams ot this State;and for other purposes.

Committee on Game and Fish.

1732

JouRNAL OF THE SENATE,

By Mr .Johnston of Upson-

.

House Bill No.968. A Bill to regulate target shoot

ing in certain counties;and for other purposes.

Committee on State of Republic. The following bills of the House,favorablY reporte by committees,were read the second time: By Mr.Williams of JacksonHouse Bill No.624. A Bill to provide for the payment of the fees of Justices of the Peace and Constables in Criminal Cases out of the county funds; and for other purposes.
By Mr.Mann of ToombsHause Bill No.675. A Bill to increase the State Ai
System of Roads in Toombs County;and for other purposes. By Mr. Ross of Dodge-
House Bill No.729. A Bill to reduce the bond of th Sheriff of Dodge County;and for other purposes.

By Messrs.Spivey of Emanuel,Freeman of Bibb,and Claxton of Johnson-
House Bill NQ.745. A Bill to promote public health safety,and general welfare by prohibiting marathon dance contests;and ~or other purposes. By Mr.Fowler of Treutlen-
House Bill No.886. A Bill to reduce the bond of th Sheriff of Treutlen County;and for other purposes. By Messrs.Hartsfield,Ramsey and Almand of Fulton-
House Bill No.899. A Bill designating a certain highway in Fulton county a part of the State Highway System;and for other purposes.

By Messrs.Hartsfield,Ramsey and Almand of FultonHouse Bill No.906. A Bill to increase the State
Aid System of Roads by the addition of a highway in Fulton County;and for other purposes.

By Messrs.Heffner of White and Jackson of Habersh~ House Bill No.907. A Bill to increase the mileage
of the State Aid System of Roads by an addition of the roads;and for other purposes.

WEDNESDAY, MARCH 20, 1935.

1733

By Messrs. McGraw and Peters of Meriwether,and Culpepper of Fayette-
House Bill No. 914. A Bill designating the highway mileage by adding additional mileage;and for other purposes. By Mr. Martin of Jeff Davis-
House Bill No. 922. A Bill to abolish the office of Tax Receiver and Collector ot Jeff Davis County; and-for other purposes. By Mr. Clements of Wheeler-
House Bill No. 928. A Bill to increase the highway mileage by an additional road;and for other purposes. By Mr. Benton of Jasper -
House Bill No. 930. A Bill to restrict the powers of the Board of Commissioners of Jasper County;and for other purposes. By Messrs. Preston and Almand of Walton-
House Bill No. 931. A Bill to increase the State Aid Road System by the addition of a road in Walton County;and for other purposes. By Messrs. Shirah and Parker of Colquitt-
House Bill No. 937. A Bill creating a Board of County Commissioners for Colquitt County;and for other purposes. By Mr. Terrell and Mr. West of Hall-
House Bill No. 955. A Bill to authorize certain cities to police areas owned by them outside their corporate 11mits;and for other purposes. By Mr. Edwards of Stephens-
House Bill No. 957. A Bill to amend an Act to provide for county Commissioners of Roads and Revenues for the county of Stephens;and for other purposes. By Messrs. Arnall and Dyer of Coweta-
House Bill No. 206. A Bill to be entitled an Act

1734

JouRNAL oF THE SENATE,

to appropriate to the Department or Forestry and Geological Development the sum or $1000 to refurnish Liberty Hall, the home of Alexander H. Stephens;and tor other purposes.

By Messrs. Allen of Baldw1n,McGraw of Meriwether and Almand of Fu1ton-
House Bill No. 291. A Bill to provide tor certain hospitals organized tor the purpose or acting solely in behalf or such hospitals to turn1sh hospital serv1ce;to exempt them from provisions or insurance laws;and for other purposes.

By Messrs. Groves of Lincoln and Sutton of WilkesHouse Bill No. 359. A Bill to provide tor pay-
ment or past due pens1ons,tuneral exp9nses and physicians bills or deceased veterans and widows or veterans;and tor other purposes.

By l1r. Oden of PierceHouse Bill No. 882. A Bill to increase the mile-
age or the State Aid Road System by the addition ot a highway to be known as the 11General David Blackshear H1ghway";and tor other purposes.

By Mr. Brown or GlynnHouse Bill No. 925. A Bill to give the consent
ot the State to acquisition by the United States by purchase or lands on St. S1mons Island tor establishment or National Shrines or Parks,in Glynn County;and tor other purposes.

By Mr. Head of CatoosaHouse Bill No. 934. A Bill to increase the State
Aid System ot Roads by the addition ot a road tram Ringgold to Reed's Bridge in Catoosa County;and tor other purposes.

By Mr. Grayson or Chatham-

House Bill No. 939. A Bill to authorize and em-

power the Governor to sell a marsh island 1n Chat-

ham County and to execute deed for the same;and tor

other purposes.

-

WEDNESDAY, MARCH 20, 1935.

1735

By Messrs. Anderson,Griffin and Willingham of FloydHouse Bill No. 944. A Bill to provide tor the
abolition or the right to collect and assess street tax and commutation tax in those cities in the State or Georgia,having a population,according to the 1930 census,or not less than 21,800 and not more than 21,900;and for other purposes.

By Messrs. Freeman,Bloodworth and Bowden or BibbHouse Bill No. 949. A Bill to amend an Act cre-
ating a new Charter tor the City o:r Macon by providing that the Mayor may hold Recorder's Court;and tor other purposes.

By Messrs. Peters,McGraw o:r Meriwether and Douglas or Talbot-
House Bill No. 963. A Bill to amend an Act designating Highway Mileage by adding a road in Meriwether and Upson Counties;and :ror other purposes.

By Messrs. Bloodworth,Bowden and Freeman o:r BibbHouse Bill No. 967. A Bill to amend an Act cre-
ating a new Charter :ror the City or Ma.con;and tor other purposes.

By Mr. Sutton o:r WilkesHouse Bill No. 969. A Bill to amend the charter
ot the City of Washington,Georgia;and for other purposes.

By Mr. Edwards or Stephens-

House Bill No. 971. A Bill to amend the Charter

ot the Town ot Martln,in Stephens County;and tor

other purposes.



By Messrs. Hartsfield,Ramsey and Almand or Ful.tonHouse Bill No. 972. A Bill to provide that en-
forcement and collection or executions issued tor taxes by any County or Municipality in any County having a population or 200,000 or more shall not be defeated because or mistakes;and tor other purposes.

The following resolutions or the House,:ravorably reported by oammittees,were read the second time:

1736

JouRNAL or THE SENATE,

By Messrs. Lindsay,Ansley and Guess or DeKalbHouse Resolution No. 21-77a. A Resolution to pay
deterred pension or $1200.00 ror years 1919 to 1924 to Mrs. Eliza L. Beasley.

By' Mr. Holland or CbattoogaHouse Resolution No. 123-605b. A Resolution pro-
posing to the qualified voters or Georgia an amendment to the Constitution or Georgia,so as to autho~ ize Chattooga County to make t~mporary loans;and ror other purposes.

By Mr. Flynt or Spalding-

House relieve

Resolution No. 153-684b. J. R. Thomas as surety on

AthRe ebsoonldutoiornwt.oL.

Coley in the City Court or Griffin.

By Messrs. Hartstield,Ramsey and Almaiid or Fulton, and Lindsay,Guess and Ansley or DeKalb-
House Resolution No. 205-923a. A Resolution to provide tor appointment or a Camm1ssion,to investigate and report to the next General Assemblytthe feasibility or developing State and City owned property located in vicinity or State Capital into a Civic Center;and tor other purposes.

The following bills or the Senate,ravorably reported by committees,were read the second time:

By Senators Gaskins or the 6th District,Harden or the 47th District,and Dickerson o! the 5th District-
Senate Bill No. 226. A Bill to increase the mileage or the State Aid System by the addition or a highway known as the Tifton-Homerville road;and ror other purposes.

By Senator Evans o! the 29th DistrictSenate Bill No. 256. A Bill to amend the Charter
ot the Town or Dearing in McDuffie County;and for other purposes.

Senator Millican or the 35th District asked unanimous consent that House Bill No. 291 be withdrawn tram the Committee on Insurance,read second time and recommdtted to the Committee on Insurance~

WEDNESDAY, MARCH 20, 1935.

1737

The consent was granted.

The President announced the appointment of the following as a Committee of Conference on the part of the senate to confer with the like Committee or the House on Senate Bill No. 77,known as the Kidnapping !or Ransom Bill:

Senators Kirkland of the 49th District, Atkinson of the 1st District,and Vaughn o! the 34th District.

The President announced the appointment of the

following as a Committee or Conference on the part

ot the Senate to confer with the House on Senate Bill No.

t2h0e9,klniokwenCaosmtmhiettewe .

of
&

A. Railroad Bill:

Senators Kirkland of the 49th District, Clarke of the 44th District,and Beasley of the 2nd District.

The following bill o! the House was read third time and put upon its passage~

By Mr. Spivey EmanuelHouse Bill No. 561. A Bill to be entitled an Act
to an&ually,in addition to ad valorem tax,levy and collect a tax for the support of the State Government;and tor other purposes.

The following amendments .to House Bill No. 561 were read and adopted:

Committee moves to amend House Bill 561 by .strik-

ing tram Section ?,paragraph 3,line 12 the words

"three-fourths" and inserting in lieu thereof the

words one-fourth".



Committee moves to amend Paragraph 11 by adding after the words "or trucks in line 24 of said paragraph the following: "and-shall entitle said dealers to operate in connection with said business a service station in said county_ in which said license

1'738

JouRNAL oF THE SENATE,

is paid for work done only on the makes of cars sold by the dealer under this tax".

Committee moves to amend this by adding a. new paragraph to be lmown as Paragraph 13-A reading as follows:

"Automobile Radios Wholesale-Upon every wholesale dealer in automobile radios of any kind whatsoever the sum of twenty five ($25.00} dollars for each place of business,provided that where license as specified in Faragraph 13 is paid,it will not be necessary to pay the license specified in this sec. tion."

Committee moves to amend House Bill 561 by adding a new paragraph to be lmown as paragraph 35-A and reading as follows "Upon each and every dealer in rifle and pistol cartridges a license tax of $5.00 per year in cities of less than 20,000 population and a tax of $10.00 per year in cities of more than 20,000 population,provided that no tax shall be levied on dealers selling only 22 caliber cartridge~ and provided turther,that if the tax has been paid as provided in paragraph 86 no tax shall be collected under this paragraph.

Committee moves to amend this by striking out in its entirety Paragraph 36 and inserting in lieu thereof the following:

"Coal and Coke-Upon each person, firm or corpora-

tion dealing in coal or coke whether for themselves

or as agents or as brokers in or near cities of more

than 1,000 and not more than 10,000 inhabitants

$10.00,in or near cities of more than 10,000 and not

more than 20,000 inhabitants $25.00,in or near cities

of ~ore than tants $50.00

20,000 and in or near

not citi

more es of

t

hmaonre50th1

000 inhab an 50,000

i

-

inhabitants $100.00 for each place of business,pro-

vided the word "near" as used in this paragraph is

defined to mean w~thin three miles of the incorpo-

rate limits of any town or city referred to in said

paragraph. n

WEDNESDAY, MARCH 20, 1935.

1739

Committee moves to amend Paragraph 41 by striking out the last four lines of said paragraph beginning with the words "A Connnercial Reporting Agency".
Committee moves to further amend Paragraph 41 by striking o~t the figures "$250.00" in line three and insert in lieu thereof the figures "$125.00".
Committee moves to amend House Bill No. 561 by striking out in its entirety Section 58-A,Chain Store Tax.
Committee moved to amend Sub-Paragraph two of Paragraph 66 by adding at the end of Sub-Paragraph two the following:
"Provided,however,that manufacturers whose principal business. is manufacturing other commoditi-es than lumber,but who use less than 10 per cent of lumber in such ma.nufacturing,shall not be taxable as manufacturers of,wholesale dealers and brokers in forest products,timber,lumber,etc.,under this Act, and provided further that people who use lumber tor packing and crating purposes onlY shall not be liable for the tax imposed herein.
Committee moved to amend House Bill 561 by striking from Paragraph 80 line 4 the figures "$500.00" and inserting in lieu thereof the figures "$250.00".
Committee moved to amend House Bill No. 561 by striking out in its entirety Paragraph 84.
Senator King or the 11th District~oves to amend Paragraph 86 as a General Tax Act,so that said Section when amended shall read as follows:
"Upon each and every dealer inpistols,or who deals in pistol cartridges or rifle cartridges, d1rks,bow1e-lm1ves,or metal knucks,for each place of business in this state.,in or near towns in cities of 2,500 population,or less~ $15.00;in or near cities of over 2,500 population,and less than 10,000,$25.00; in or near

1740

JouRNAL OF THE SENATE,

cities of 10 000 population or less than 50,000,$50.00;in or near cities of 50,000 and above population,$100.00." Provided further that no person shall be exempted from ~ayment of this tax. Provided further that the word Near" as used in this Section or paragraph shall be and is defined to mean within a radius of three miles of the incorporated limits of said town or city referred to in this Section. All dealers of toy pistols of any kind doing business inthis State,shall pay a tax of $500.00. Senator Millican of the 35th District moved to amend House Bill 56l,Paragraph 92 by striking the figures "$250.00" and inserting in lieu thereof
"$350~00".
Committee moves to amend House Bill No.56l,Paragraph 93 by striking the figures "$100.QO" and inserting 1n lieu thereof the figures "$50.00."
Committee moves to amend House Bili No.561 Paragraph 110 by striking the figures "$5.00" and inserting in lie'Ll thereof the figures "$3.00."
Senator Ydllican of the 35th District moved to amend House Bill 561 as follows:
Provided that the tax herein imposed shall not in any way affect license fee or tax imposed by the provision of the Alcoholic Control Bill, the Beer Bill or Wine Bill should any and/or all of these bills become law when voted by the people on May 15,1935.
senator Smith of the 24th District moved to amend House Bill No.561 by striking paragraph No. 33 entirelY and inserting in lieu thereof the following paragraph:-
cars Operated for Hire-Upon each person,firm or corporation operating or keeping automobiles for hire whether in connection w!th a garage or not,a

WEDNESDAY, MARCH 20, 1935.

1741

tax or Five ($5.00) dollars upon each car so operated,shall be levied and collected,-This act to applf to all cars operated tor hire anywhere within this State.

The report or the connnittee,which was tavorabJ.e to the passage or the bill,as amended,was agreed to.

On
were

3th3e,napyasssaog. e

or

the

bill,as

amended,the

ayes

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

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

By Senator Dennis ot the 28th DistrictSenate Bill No.223. A Bill to amend an Act or the
Code or Georgia or 1933 which provides tor verification when the Judge is dead or absent or refuses to sign bill or exceptions so as to remove the requirement or verification by at least one disinterested member or the bar;and tor other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 22,nays
5.

The bill having tailed to receive the requisite Constitutional majority was lost.

Senator Clark or the 44th District was granted a leave or absence.

The following message was received tram the House through Mr.Kingery, the Clerk thereor:

Mr. President:

The House has passed by the requisite Constitutional majority the following Bills and Resolutions

1742

JouRNAL OF THE SENATE,

of the House to wit: By Mr. Alman:! or Fulton-
House Resolution No.239. A Resolution to adopt a pledge or allegiance to the State !lag. By Mr. Darnall of Pickens-
House Bill No.901. A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenues of Pickens County;and for other purposes. By Mr. Harris of Richmond-
House Resolution No.244. A Resolution that General Assembly convene in joint session in the hall of the House or Representatives at 12 otclock noon on Friday for the purpose of accepting Flag. By Mr. Adams of Franklin-
House Resolution No.232-978b. A Resolution to relieve W.G.Brock and John Bryant from bond forfeiture in Franklin County. By Mr. Woods of Emanuel-
House Bill No. 981. A Bill to be entitled an Act to amend an Act entitled an act to incorporate the town of Twin City in the county of Emanuel;and for other purposes. By Mr. Hand of M1tchell-
House Bill No~980. A Bill to be entitled an Act to increase the State Aid System of Public Roads by the addition of a road !rom Pelham in l1itchell county to Spence in Grady County;and for other purposes. By Mr.Martin of Jeff Davis-
House Bill No.976. A Bill to be entitled an Act to amend an Act creating a new charter for Hazlehurst; and tor otller purposes. By Messrs.Freeman or Early and Johnson or Seminole-
House Bill No.965. A Bill to be entitled an Act to increase the mileage of the State Aid System of Public Hi~ys by the addition of a road in Early and Seminole Counties;and for other purposes.

WEDNESDAY, MARCH 20, 1935.

1743

By Messrs .Hartstield,Ramsey and Almand ot FultonHouse Bill No.959. A Bill to be entitled an Act~to
amend an Act approved August 13th,l924(Ga.Laws 1924, page 85) and entitled: An Act to prescribe additional duties tor coroners in Counties having a population ot 200 1 000 or more. By Messrs.Guess of DeKalb,Arnall of Coweta and Culpepper of Fayette-
House Bill No.440. A Bill to be entitled an Act to provide tor bail and se~urity in cases involving a violation of the motor vehicle laws of Georgia where--in the offense charged is not beyond the degree of misdemeanor;and for other purposes.
The following message was received tram the House through Mr.Kingery,the Clerk thereof:
Mr.President: The House has passed by the requisite Constitu-
tional majority the following Resolutions and Bills o:r the House to wit: BY Messrs.Booth o:r Bar~ow and Adams o:r Franklin-
House Resolution No.238. A Resolution authorizing the Governor to divert o~e thousand,six hundred, forty dollars and seventy-sevan cents now in State Treasury to the Common School tund of the State. By Mr.Mccutchen o:r Whitfield. House Resolution No.223-964-B. A Resolution to relieve E.P.Pangle as surety on the bond of George Roach to be before the Superior Court of Whitfield county. By Mr.Jackson o:r Bleckley-
House Resolution No.218-962-A. A Resolution that W.D.Porter and his bondsmen,H.J.Abney,C.N.King,T.A. Porter,John Purser,Sr.iE.T.Hullis and O.H.Jones,be, and they are hereby re ieved tram any obligation whatever upon the bond given by the said tax collector and his bondsmen to the State ot Georgia tor the year 1928. By Messrs .Parker of Union, Hampton o:r Fannin. and Jones o:r Lumpkin-
House Bill No.884. A Bill to be entitled an Act to

1744

JouRNAL oF THE SENATE,

amend an Act enti~led Highway Mileage,by adding a road in Lumpkin,Fannin and Union County to State Aid Road System;and for other purposes.

By Mr.Parr of TaylorA Bill to be entitled an Act to regulate the mar-
keting of eggs,to provide for registration of all dealers who offer eggs for sale;and for other purposes.

By Mr .Holland of Cbattooga- . House Bill No.958. A Bill to be entitled an Act to
increase the mileage of the State Aid System of Roads by the addition of a road beginning on State Road No.ll4 near the incorporated limits of I.erly; . and for other purposes.

By Mr.Parker of UnionHouse Bill No.964. A Bill to be entitled an Act to
increase the mileage of the State Aid System of Roads by the addition of a certain road in Union County; and for other purposes.

By Mr.Teasley of Cherokee-

House Bill No. 973. A Bill to be entitled an Act to

fix the compensation of the Sheriff of Cherokee

County,to provide for the abolition of the fee sys-

tem for compensating the sheriff in said county;and

for other purposes.

.

The following messagewas received fram the House through Mr.Kingery,the Clerk thereof:

Mr.President:

The House has passed by the requisite Constitutional majority the following Bills of the Senate to wit: By senator Dickerson of the 5th District-
senate Bill No.222. A Bill to be entitled an Act to increase the mileage of the State Aid Road System by the addition thereto of a highway known as the Pearson-Ray City Road;and for other purpo~es. By Sena~or carrington of the 27th District-
Senate Bill No.l94, By Substitute. A Bill to add . mileage in Barrow and Hall Counties to the State Highway System of Georg~a.

WEDNESDAY, MARCH 20, 1935.

1745

senator McGehee or the 25th District moved that the Senate adjourn until 7:30 ot clock P.M. and the motion prevailed.
The President announced that the Senate stood adjourned tintil 7:30 otelock P.M. this day.

NIGHT SESSION
The President called the Senate to order. The following resolution or the Senate was read and adopted: By Senator Duncan or the 23rd DistrictSenate Resolution No.ll3. A Resolution providing that Resolution 34,on page 117B,of the Acts of 1933, be amended;and for other purposes. Mr. Crawford of the 42nd 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 have instructed me as Chairman,to report the same back to the Senate with the following recommendations: House Bill No.l47,do pass. House Bill No.929 1do pass.
Respectfully submitted, Crawford of.42nd District, Chairman.
Mr. Larsen ot the 16th District,Chairman ot the
Committee on General Judiciary No.2.submitted the following report:

1746

JouRNAL OF THE SENATE,

Mr. President: Your Committee on General Judiciary No.2 have bad
under consideration the following Bill of tbe House and have instructed me as Chairman, to report the same back to the Senate with the follo~~ng recommendation:
House Bill No.947, do pass. RespectfullY submitted, Larsen of 16th District, Chairman.
Mr. Darden of the 51st 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 tae following Bill of the Senate and have instructed me as Cbairma.n,to report the same back to the Senate with tbe following recommendation:
Senate Bill No.218, do pass. RespectfullY submitted Darden of 51st District, Chairman.
Mr.Carrtngton of the 27th District,Chairman of the Committee on Public Util1ties,subm1tted the following report: Mr.Pres1dent:
Your Committee on Public Utilities have had under consideration the rollow1ng Bill of the Senate and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

WEDNESDAY, MARCH 20, 1935.

1747

That Senate Bill No.5B,do not pass. RespectfullY subm1tted, J.W.Carrington of 27th District, Chainnan.
The following message was received from the House through Mr.Kingery,the Clerk thereof: Mr.President:
The House bas passed by the requisite Constitutional majority the following Bills of the House to wit: By Mr.campbell or Newton-
House Bill No.525. A Bill to be entitled an act to regulate parking motor vehicles and other vehicles on State Aid Roads;to prescribe penalties ror violations or this Act;and for other purposes. By Messrs.Leonard and Sartain or Walker-
House Bill No.952. A B111 to be entitled an act to increase the mileage of the State Aid Road System or Roads by the addition or certain roads in Walker County;and for other purposes.
The following resolutions or the House,were read the rirst time ,and ref'erred to camml.ttees: By Mr.Jackson or Bleckley-
House Resolution No.218-962-A. A Resolution that W.D.Porter and his bondsmen,H.J.Abney,c.N.King,T.A. Porter,Johll PUrser,sr.,E.T.Mullis and O.H.Jones,be, and tlley are hereby relieved from any obligation whatever upon the bond given by the said tax collector and his bondsmen to the State of Georgia for the. year 1928.
Committee on State or Republic. By Mr.McCutcllen or Whitrield-
House Resolution No.223-964-B. A Resolution to relieve E.P.Pangle as surety on the bond of George

1748

JouRNAL oF THE SENATE,

Roach to be before the Superior Court of Whitfield County.
Committee on State of Republic. By Mr .Adams of Franklin-
House Resolution No .232-978-B. A ResQlution to relieve W.G.Brock and John Bryant from bond forfeiture in Franklin County.
Committee on State of Republic. By Messrs~Booth of Barrow and Adams of Franklin-
House Resolution No.238. A Resolution authorizing the Governor to divert,one thousand,six hundred, forty dollars and seventy-seven cents now in State Treasury to the Common School Fund of the State.
Committee on Appropriations. The following bills of the house were read the first time and referred to committees: By Mr.Campbell of NewtonHouse Bill No.525. A Bill to regulate parking motor vehicles and other vehicles on State Aid Roads;and for other purposes. Committee on Highways and Public Roads. By Mr.Parr of TaylorHouse Bill No.792. A Bill to regulate the marketing of eggs;and for other purposes. Committee on Agriculture. By Messrs.Parker of unto:a, Hampton of Fannin, and Jones of LumpkinHouse Bill No.884. A Bill to amend an Act entitled Highway M1leage,by adding a road in Lumpk1n,Fann1n and Union Counties;and for other purposes. Committee on Highways and Public Roads.

WEDNESDAY, MARCH 20, 1935.

1749

By Messrs .Leonard and Sartain ot WalkerHouse Bill No.952. A Bill to increase the mileage
ot the State Aid Road System by adding certain roads in Walker County;and tor other purposes.
Committee on Highways and Public Roads. By Mr.Holland of Cbattooga.-
House Bill No.958. A Bill to increase the mileage ot the State Aid Road System by the addition of a road in Cbattooga. County;and tor other purposes.
Committee on Highways and Public Roads. The following bills of the House were read.the first time and referred to Cannnittees: By Messrs. Guess ot DeKalb ,Arnall of Coweta and Culpepper of EcholaHouse Bill No.440. A Bill to provide tor bail and security in cases involving a violation of the motor vehicle laws of Georgia wherein the offense charged is not beyond the degree ot misdemeanor;and tor other purposes. Committee on Motor Vehicles. By Messrs.Ha~t~tield,Ramsey and Almand ot FultonHouse Bill No.959. A Bill to amend an Act to prescribe additional duties tor Coroners in certain com1ties;and tor other purposes. Committee on Special Judiciary. By Mr.Parker of UnionHouse Bill No.964. A Bill to increase the State Aid Road System by the addition of a certain road in Union County;and tor other purposes. Committee on Highways and Public Roads. By Messrs .Freeman ot Early and Johnson ot SeminoleHouse Bill No.965. A Bill to increase the miieage ot the State Aid Road System by the addition of a

1750

JouRNAL OF THE SENATE,

road in Early and Seminole Counties ;and for other purposes.
Committee on Highways and Public Roads. By Mr.Teasley of Cherokee-
House Bill No973. ABill to fix the compensation or the Sheriff or Cherokee County;and for other purposes.
Committee on Special Judiciar,y. By Mr.Martin or Jeff Davis-
House Bill No976. A Bill to amend an Act creating a new charter for Hazlehurst;and for other purposes.
Committee on Municipal Government. By Mr.Hand or Mitchell-
House Bill No.980. A Bill to increase the State Aid Road System by the addition or a road tram Pelham to Spence;and for other purposes.
Committee on Highways and Public Roads. By Mr.Woods of Emanuel-
House Bill No.981. A Bill to amend an Act entitled an Act to incorporate the town or Twin City;and for other purposes.
Committee on Municipal Government. By Mr.Darnall or Pickens-
House Bill No.901. A Bill to repeal an Act creati~ the office or Commissioner or Roads and Revenues or Pickens County;and for other purposes.
Committee on Counties and County Matters. The following bills of the House,tavorablf reported by cammittees,were read the second time: By Messrs.Ramsey,Hartsfield and Almand of FultonHouse Bill No.838. A Bill to amend an Act es-

WEDNESDAY, MARCH 20, 1935.

1751

tablishing pensions tor members of the Fire Departments in certain cities;and tor other purposes.

By Messrs.Bowden,Freeman and Bloodworth ot BibbHouse Bill No.947. A Bill to amend an Act abolish-
ing the tees and fixing a salary in lieu thereof tor the Solicitor general ot the Macon Judicial Circuit; and tor other purt>oses.

The following bill of the Senate,tavorably reported by conunittee,was read the s.econd time:.

By Senator Redwine ot the 26th DistrictSenate Bill No.218. A Bil.l to declare the powers .
and duties of ~tt~cers ot counties,municipalities or other political sub-divisions charged with levying taxes;and tor other purposes.

The following General Resolutions ot the House

with local application were read third time anQ. put

upon their passage:





By Messrs .Arnall and Dyer of CowetaHouse Resolution No.l6-35-A. A Resolution to re
lieve A.L.Fuller as surety on: :ror;feited reco~i~ce.

The report of the committee,which was favorable to

the-

passage
-'

o-:r

the

r

e

s

o..l-u

t

i

o
.

n.

, .

w-

a

s

agree. d

tQ.

On the passage ot the resolution the ayes were-301

rul.YS .0.

..

The resolution having received the requisite constitutional ma.jority,was pa.~sed.
By Messrs ~Arria.ll and DYer of. Coweta~. . .
House Resolution No.l7-36-A. A Resolution to re~ lleve T.G.Farmer,Jr. as County .Administrator of
mCoenwt etoatcoi nutnetyr easntdt ot h eE sstuart ee t ioets .Go neo. brg. 1e sLbeoe.ndtr6m.pay-

The report of the committee,WhiCh was favorable to
the passage of the resolution,was agreed to.

1752

JouRNAL oF THE SENATE,

on the passage or the resolution the ayes were 29, nays o.

The resolution having received the requisite Constitutional major~ty,was passed.

By Mr. Leonard or MuscogeeHouse Resolution No.28-178-B. A Resolution to re-
lieve w.c.Mathis as surety on bond;and tor other purposes.

The report or the committee,which was ravorable to the passage or the resolution,wa.s agreed to.

On the passage or the resolution,t~e ayes were 30, nays o.

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

By Messrs .Parker and Shirah or Colquitt-

.

House Resolution No. 70-372-A. A Resolution to re-

lieve J.L.Russell and Will Kilgore as sureties on a

bond.

The report or the cODDilittee,which was favorable to the passage or the resolution,wa.s agreed to.

On
nays

oth.e

passage

or

the

resolution

the

ayes

were

30,

The resolution having received the requisite constitutional majority,was passed.

By Mr.Saunders or HarrisHouse Resolution No.88-46D-C. A Resolution to re-
lieve F.L.Cook as surety on bond.

The report or the camm1ttee,wh1ch was ravorable to the passage or the resolution,wa.s agreed to.

on the pat~sage ot the resoluti.on, the ayes were 29,

nays o.



WEDNESDAY, MA~CH 20, 1935.

1753

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

By Mr.Kelley of Elbert-

lieHvoeusce .sR.eAsollleuntioo:nr

No.a9-46o-D. A bond in Elbert

Resolution to reCounty; and !or

other purposes.

The report of the co:rmnittee,which was favorable to the passage o:r the resolution,was agreed to.

On the passage or the resolution,the ayes were 29, nays o.

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

By Messrs.Deal and Preston of Bulloch,Perr,y of Worth,

Young or Sumter,Grayson or Chatham and Terrell of

Troup- .



House ResolutionNo.216-960-A. A Resolution to

authorize and direct the State Highway Department to

make a survey of roads and d.rives on campuses o:r

institutions comprising the University System or

Georgia;and !or other purposes.



The report of the camm1ttee,wh1ch was favorable to the passage or the resolution~was agreed to.

On
nays

oth.e

passage

of

the

resolution

the

ayes

were

29,

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

By_Messrs.Bannister and Tipton or Thomas..; House Resolution No.lS0-665-A. A Resolution to re-
lieve James Dixon as surety on bond in City Court o:t Thomasville;and :tor other purposes.

The report or the committee ,which was favorable to the passage or the resolution,wa.s agreed to.

On the passage of the resolution the ayes were 29, nays o.

1754

JouRNAL oF THE SENATE,

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

ay Messrs.Tipton and Bannister ot ThomasHouse Resolution No.l68-742-A. A Resolution re-
lieving J.N.Randall as surety on bond ot Willie Davis in City Court ot Thamasville;and tor other purposes.

The report ot the camm1ttee,wh1ch was favorable to the passage ot the resolution,was agreed to.

on nays

toh. e

passage

ot

the

resolution,the

ayes

were

30,

The resolution having ~ceived the requisite Constitutional majority,was passed.

By Mr.Gardner ot CandlerHouse Resolution No.211-935-A. A Resolution to
provide tor release ot surety on two certain appearance bonds in the penal sum ot Two Htmdred Dollars each,returnable to the City Court ot Metter; and tor other purposes.

The report ot the cammittee,which was tavorable to the passage ot the resolution,was agreed to.

on nays

oth. e

passage.of

the

resolution

the

ayes

were

29,

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

By Mr. Dorris of CrispHouse Resolution No.-187-862-B. A Resolution pro-
viding that the Highway known as u.S.Highway No.ao and 280,extending from Savannah Beach through Savannah,HcRae ,Cordele and Americus tenn1nating at the City ot Columbus,shall hereafter be known as the "Crisp Military Highway."

The Committee offered the following amendment:

WEDNESDAY, MARCH 20, 1935.

1755

B,y striking tram the caption ot said resolution and tram Sections 1 and 2 the words "crisp Military Highway" and inserting in lieu thereof the words "Eugene Talmadge Highway.
The amendment was adopted. The report ot the camm1ttee,wh1ch was favorable to the passage ot the ;resolution,as amended,wa.s agreed to. On the passage ot the resolut1on,as amended,the ayes were 27,nays o. The resolut1on,as amended,having received the requisite Constitutional majority, was passed. The following bills ot the House were read the third time and put upon their passage: B,y Messrs .Black ot Forsyth,Whitmire ot Dawson and Jones ot LumpkinHouse Bill No.583. A Bill to increase the mileage ot the State Aid Road System by the addition thereto ot a higbway;and tor other purposes. The report ot the conun1ttee,which was favorable to the passage ot the blll,wa.s agreed to.
On the passage or the bill the ayes were 29,na.ys o.
The bill having received the requisite Constitutional majority,was passed. B,y Messrs.Williams and Brooks ot Jackson-
House Bill No.860. A Bill to increase the mileage ot the State Aid Road System by the addition ot a highway in Ackson County;and tor other purposes.
The report ot the committee,wh1ch ...as favorable to
the passage ot the bill,was agreed to. On the passage ot the bill the ayes were 28,nays 0.

1756

jOURNAL OF THE SENATE,

The bill having received the requisite Constitutional majority,was passed. By Mr.Jackson or Habersham-
House Bill No.908. A Bill to increase the mileage or the State Aid Road System. by the addition or a road in Habersham county;and tor other purposes.
The report or the comm1ttee,wh1ch was favorable to the passage or the bill,was agreed to.
on the passage or the bill the ayes were 3l,nays o.
The bill having received the requisite Constitut tonal ma.jority,was passed. By Messrs .Mundy and Peek or Polk-
House Bill No.940. A Bill to increase the mileage or the State Aid Road System by adding a road in Polk County;and tor other purposes.
The report or the cammittee,Wh1ch was favorable to the passage or the bill,was agreed to.
on the passage or the bill the ayes were 30,nays o.
The bill having received the requisite Constitu tional majority,was passed. By Mr.Dobbins or Morgan-
House Bill No.l40. A Bill fixing the license tee tor retailing or vending spirituous,intoxicating or
malt liquors in Morgan County;and tor other purposes.
Tbe report or the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage or the bill the Ses were 26.nays 4. The bill having received the requisite Constitutional majority,was passed . By Mr.Dobbins or MorganHouse Bill No.l41. A Bill to repeal an Act ap..

WEDNESDAY, MARCH 20, 1935.

1757

proved November 30th;l900,prohibiting the manufacture in Morgan County o! any alcoholic,spirituous, malt,or intoxicating 11quors,except domestic wines ~de !rom grapes or berries.
The report of the comndttee,which was favorable to the passage o! the bill,was agreed to.
on the passage o! the bill the aes were 26 ,nays 4.
The bill having received the requisite Constitutional majority,was passed. By Mr.Zellner o! Monroe-
House BUl No.217. A Bill to repeal Section 89-704 o! the Code o! Georgia ot 1933,which requires county officers to tile quarterlY statements o! fees and compensation with the Canptroller General;and tor other purposes.
The report o! the comndttee,which was favorable to the passage o! the bill,was agreed to.
on the passage o! th9 bill the ayes were 29,nays 2.
The bill having received the requisite Constitutional majority,was passed. By Messrs.Arn.all o! Coweta and McNall of Chatham-
House Bill No.606. A Bill to give Police court Recorders.Ex-O!ficio Justice o! the Peace powers and. authorities in the natter o! and pertaining to criminal cases;and tor other purposes.
The report o! the comm1ttee,which was favorable to the passage o! the bill,wa.s agreed to.
On the passage o! the bill the aes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed.
By Mr.Moore o:r HaralsonHouse Bill No.873. A Bill to grant to the City o!

1758

JouRNAL OF THE SENATE,

Tallapoosa authority to establish and maintain public schools in the 11mits ot said City by local taxation;and tor other purposes.
The report of the camm1ttee,wh1ch was favorable to the passage ot the bill,was agreed to.
On the passage ot the bill the ayes were 28,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr.Black ot Forsyth-
House Bill No. 883. A Bill to change the name ot the "Town ot Cumming" to the 11City ot Cmmning" in Forsyth County;and ereate a charter tor the City ot Cumming;and tor other purposes.
The report ot the camm1ttee,wh1ch was favorable to the passage ot the b1ll,was agreed to.
On the passage of the bill the ayea were 30,nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs .Ansley;auess and Lindsay ot DeKalb-
House Bill No.896. A Bill to amend an Act proViding a new charter tor the Town of Decatur;to provide tor a modified tor.m ot civil service tor certain ot its employees and otticers;and for other p~oses.
The report ot the camm1ttee,which was favorable to the passage ot the bill,was agreed to.
On the passage of the bill the ayes were 30,nays o. The bill having received the requisite Constitutional majority,was passed. By Mr.Ray ot ApplingHouse Bill No.905. A Bill to amend an Act with reference to the salary ot the Solicitor ot tbe City Court ot Baxley, Appling County, which amends an Act

WEDNESDAY, MARCH 20, 1935.

1759

establishing the City Court of Baxley; and tor other purposes.
The report of the cammittee,whichwas favorable to the passage of the bill,wa.s agreed to.
On the passage of the bill the ayes were 29,nays o. The bill having received the requisite Cor~titu tional majority,was passed. By Messrs .Brooks and Williams of JacksonHouse Bill No.915. A Bill to amend an Act approved July 16,1903,establishing the City Court ot Jefferso~ in Jackson County, so as to change terms of said .Court;and tor other purposes. The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage ot the bill the ayes were 30,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr. Watkins of Oglethorpe-
House Bill No.916. A Bill to amend an Act to incorporate the City of Crawtord,to define its limits, provide for the issuance of bonds and other 1mprovements;and for other purposes.
The report ot the committee,which was favorable to the passage of the bill,was agreed to.
On the passage ot the bill the ayes were 30,nays o.
The bill having received the requisite Constitutional majority,was passed.
ay Messrs.Manning and Welsch ot Cobb-
House Bill No.921. A Bill to amend an Act establishing a system of PUblic Schools for the Town of Acworth;and for other purposes.
The report ot the camnittee,which was favorable to

1760

JouRNAL oF THE SENATE,

the passage o:r the bill,was agreed to. On the passage o:r the bill the ayes were 30, nays 0. The bill having received the requisite constitu-
tional majority,was passed. By Mr.Claxton o:r Jolmson-
House Bill No.924. A Bill to amend the Charter o:r the Town o:r Kite;and tor other purposes.
The report o:r the cammittee,which was favorable to the passage o:r the bill,wa.s agreed to.
On the passage o:r the bill the ayes were 30,na.ys o.
The bill having received the requisite Constitutional majority,was passed. By Messrs .Davis ,Groover and Terrell o:r TrouP-
House Bill No.932. A Bill to amend an Act creating a new Charter :ror the City or West Point so as to provide tor a Recorder tor said City;and tor other purposes.
The report o:r the cammittee,which was favorable to the passage o:r the bill,was agreed to.
on the passage or the bill the ayes were 3l,nays o.
The bill having received the requisite constitutional majority,was passed. By Mr.Settle o:r Butts-
House Bill No.935. A Bill a.nsnd1ng an Act creating a new Charter tor the City of Jackson,Butts County, by providing that one person may be elected and hold both the offices or "Clerk and Treasurer and the office of Tax Receiver and TaX Collector;andfor other purposes.
The report or the committee,which was favorable to the passage of the bill,was agreed to.

WEDNESDAY, MARCH 20, 1935.

1761

On the passage of the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs.Shirah and Parker of Colquitt-
House Bill No.938. A Bill to amend an Act entitled "An Act to create and establish the City Court of Colquitt County";and tor other purposes.
The report of the comm1ttee,which was favorable to . the passage of the bill,was agreed to.
On the passage of the bill the ayes were 30,nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs.Ramsey,Hartsrield and Almand of Fulton-
House Bill No.942. A Bill to amend an Act to require the Boards ot Jury Commissioners to place on the jury lists the names of not less than 10,000 upright men to serve as jurors; and tor other purposes.
The report of the cammittee,which was favorable to the passage or the bill,was agreed to.
On the passage of the bill the ayes were 3l,nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs.Freeman,Bowden and Bloodworth of Bibb-
House Bill No.948. A Bill to amend 9.A Act creating a new Charter tor the City of Macon,so that the Mayor or said City shall receive the salary of $3,000.00 per annum;and for other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the b111 the ayes were 29,nays o.

1762

JouRNAL oF THE SENATE,

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

By Mr.Lewallen or BanksHouse Bill No .529. A Bill to amend an Act approved
August 8,1923,creating the Pie~ont Judicial Circuit or Georgia;and tor other purposes.

The report ot the cammittee,which was favorable to the passage or the bill,was agreed to.
on the passage or the bill the ayes were 27,nays o.

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

By Mr .Hooks ot Glascock-

House Bill No.541. A Bill to abolish the office or

County Treasurer tor Glascock County;to provide that

the duties of the Cotmty Treasurer shall be per-

formed by the Ordinary or said County;and tor other

purposes.



The report or the comm1ttee,which was favorable to the passage or the bill,wa.s agreed to.
on the passage of the bill the ayes were 3l,nays.O.

The billbaving received the requisite Constitutional majority,was passed.

By Mr.Hooks o:r Glascock-

.

House Bill No.542. A Bill to amend an Act approved

August 19,1922,prov1ding tor a Board or Commissioners

o:r Roads and Revenues in and tor the County or Glas-

cock;artd :ror other purposes.

The report or the camnittee,wh1ch was favorable to the passage of the bill,was agreed to.
on the passage or the bill the ayes were 30,nays o.

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

WEDNESDAY, MARCH 20, 1935.

1763

By Mr.HookB of Glascock-

.

House Bill No.554. A Bill to consolidate the of-

fices of Tax Receiver and Tax Collector of Glascock

County;to create the office of Tax-cammissioner;and

for other purposes.

The report of the camm1ttee,whichwas 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 Constitu-

tional majority,was passed.



By Mr .Jackson of BleckleyHouse Bill No.946. A Bill to increase the mileage
of the State Aid Road System by the addition of a highway in Baldwin,Wilk1nson,Bleckley and Houston Counties;and for other purposes.

The report of the connnittee,mich was favorable to the passage of the bill,was agreed to.

on the passage of the bill the ayes were 28,na.ys o.

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

By Mr.Brown of GlynnHouse Bill No.951. A Bill to amend the State Aid
Road System by adding a road in Glynn County;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 29,nays o.

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

By Mr.Rivers of LanierHause Bill No.200. A Bill to relieve the City of
Lakeland of certain taxes;and for other purposes.

1764

JouRNAL OF THE SENATE,

The committee offered the following amendment: By adding at the last line or Section 1 the following: "Provided;that the tax exemption herein proposed shall never extend beyond the present line or railroad and facilities". The amendment was adopted. The report of the cammittee,which was favorable to the passage or the bill, as amended,was agreed to.
28O,nnaythseop. assage or the bill,as amended,the ayes were
The bill,as amended,having received the requisite Constitutional majority,was passed. By Messrs.Townsend o:r. Dade,Head or catoosa,swa.nn ot Grady and Wilson or Murray-
House Bill No.842. A Bill to provide for the election of Boards of education by vote of the people in certain counties;and tor other purposes.
Senator Scott ot the 7th District offered the following amendment to House Bill No.842:
By striking the words "also in all such counties having such populations or not less than 19,190 inhabitants,and not more than 19,210 inhabitants," where these words appear in the caption and where these words appear 1n Section 8 or the bill.
The amendment was adopted. The report or the committee which was favorable to the passage or the bill, as amended,was agreed to. On the passage or the bill,as amended,the ayes were 30,nays o. The bill,as amende~,baving received the requisite Constitutional majority,was passed.

WEDNESDAY, MARCH 20, 1935.

1765

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

By Messrs.Lanier,Harris and Barrett ot Richmond,and Dobbins ot Morgan-
House Bill No.l3. A Bill to tix a license tax on chain stores,or trucks operating as retail peddlers, and to appropriate the monies collected thereunder to certain State Insti~utions;and tor other purposes.

senator Duncan ot the 23rd District moved that

further action on House Bill No.l3 and all amend-

ments thereto be indefinitelY postponed.

-,

Senator Evans ot the 29th District moved the previous question on the motion ot the Senator ot the 23rd District.

On the motion ot the Senator ot the 29th District, Senator Lester ot the 18th District called tor the ayes and nays and the call was suStained.

The roll was called and the vote was as follows:

Those voting in the attir.mative were Senators:

Al.tnon Atkinson Beasley crawtord Dtmcan Edenfield
Gary
Goodw1n

Holt Johnson ot the 31st Johnston ot the 39th Kiker Kirkland MCWhorter

Milholl1n Millican Pope
Ragan
Scott 81mmons Skelton Strickland

Those voting in the negative were senators:

Cannon Chappell
Cooper
Dickerson
Evans
Gaskins

Harden King
Lancaster
Larsen
Lester

McGehee
Rucker Turner
Wright
Dupree

1766

JouRNAL OF THE SENATE,

Verification ot the roll call was dispensed with. The ayes were 22,nays 16. The motion ot the Senator ot the 29th District therefore prevailed. The question was on the motion ot Senator Duncan ot the 23rd District that House Bill No.l3 and all amendments thereto be indefinitelY postponed. On this motion the ayes were 23,nays 13. The motion therefore prevailed. senator Beasley ot the 2nd-District asked unanimous consent that House Bill No.l3,just acted on by the Senate be tmmediatelY transmitted to the House and the consent was granted. The following bills ot the House were read third time and put upon their passage: By Messrs.Hartstield,Pamsey and Almand ot FultonHouse Bill No.927. A Bill to amend an Act creating the City ot College Park;and tor other purposes. Senator Millican of the 35th District offered the following amendments to House Bill No.927: SECTION 1. By adding attar the word "offices" and before the word "and" in the line of the caption of said Bill the following: so as to provide civil service tor the Police Department ot the City ot College Park,and the officers and employees thereof; to author!zethe Mayor and Council ot the City o:r College Park to prescribe or provide :ror civil service rules and regulations in relation to such department;to provide the ter.m ot ottice or employment ot ~he ott1cers or employees ot such department;to provide tor right ot trial ot officers or employees before their suspension or discbargei" so that the caption of said Bill as so amended W1 1 read as follows:

WEDNESDAY, MARCH 20, 1935.

1767

A 11 Bill to be entitled an Act to amend an Act entitled an Act to repeal all laws,and amendments to laws heretofore passed,incorporating the City or Manchester;to provide tor incorporating said City under the name of College Park,etc.,and tor other purposes, approved December l6,1895,and all amendments thereto,so as to provide tor the qualification and registration of voters of said City tor use in all municipal elections held therein;to provide tor the qualification of the Mayor and councilmen or said City,and candidates for said ottices;so as to provide civil service tor the Police Department or the City of College Park,and the officers and employees thereot;to authorize the Mayor and council of the City of College Park to prescribe or provide tor civil service rules and regulations in relation to such department;to provide the term or office or employment of the officers or employees of such department;to provide tor right of trial of officers or employees before their suspension or discharge; and also tor other purposes.
SEX::TION 2. By adding after section II and before Section III of said House Bill the following as Sections III and IV thereot,to-wit:
118Ex::TION III. That trom and attt:Jr the date of the passage and approval o:r this Act, the Police Department ot the City of College Park shall consist of a Chief of Police and such other police officers and/or employees as the Mayor and Council ot said City may, from time to t1me,by ordinance prescribe;but nothing in this Act shall prevent the Mayor and Council ot said City tram reducing the number of police officers and/or employees of said Police De~nt, either as at present or as the same may in the future be constituted,whenever and at such time or times as said Mayor and Council may,in their discretion deem such reduction necessary or desirable, 1n the interest of econ~,lack ot need,or otherw1se,in the interest or tor the general welfare of said City;nor shall the provisions of this Act be applicable to or become operative in respect of any Chief ot Police and/or other police officer and/or

1768

Jou&NAI.. OF THE SENATE,

employee or said Police Department,either at present or in the future,unless and until such Chief or Police and/or other police officer and/or employee or said Department shall have been in the continuous service or said Police Department tor a period or at least two years. Subject to the foregoing provisions,said Chief o~Police and such other police officers and/or employeesiincluding ~hepres ent Chief or Police and other po ice otticers or said City,shall serve from and after the date of the passage and approval or this Act,w1thout any fixed term or office or empla,y,ment,and during good behavior and efficient service,to be determined and adjudged by the Mayor and Council or said City under such civil service rules and regulations as may be provided by ordinance or said City. Said Mayor and Council are authorized at any time to demote in rank or pay,suspend or discharge the Chief of Police and other public officers and/or employees ot the Police Department ot said City,without any liability attaching to the City on-account thereot;PROVIDED, HOWEVER,that neither said Chief ot Police,nor any or the other police officers and/or employees ot said department,shall be so demoted,suspended or discharged except tor just cause and atter hearing! or opportunity to be heard, by the Mayor and Counci ot said City at such ttme,not less than five days, nor more than thirty days,atter notice of bearing, and at such place as said Mayor and- Council may by ordinance prescribe;PROVIDED,HOWEVER,said Mayor and Council may suspend or demote said Chief or Police and other police officers and/or amployees,w1th or without pay,pending hearings,as hereinafter prescribed. Sald Mayor and Council sball,and are hereby authorized to,establish rules and regulations under the civil service plan tor the operation of said
Police Department and the determination ot fitness, eligibility and selection or the Chief ot Police and
other police officers and/or employees of said Department;the filling of vacancies therein,tamporar,y and permanent;the manner of preferring charges against the Qhief of Police and other police officers and/or members of said department,and notice, time,place and manner of their hearing or trial;

WEDNESDAY, MARCH 20, 1935.

1769

their suspension,either definitelY or indefinitelY; their demotion,in rank or pay,discharge and/or reinstatement;and other rules and regulations in aid and extension ot the provisions ot this Act,not inconsistent or in conflict herewith;PROVIDED,HOWEVER, that the action,decision or judgment ot said Mayor and Council on any hearing or trial bad pursuant to this Act and/or pursuant to any o! said rules and regulations so ordained by said Mayor and Council, suspending,demoting,in rank or pay,ramoving or discharging said Chief or Police or any ot the other police o!!icers and/or employees or said Police Depa.rtment,shall be !inal,and shall not be subject to any appeal to or review by any court;and no liability shall attach to said City" !or compensation or otherwise,in respect ot any such action,decision or jud.gmentand,PROVIDED,FUR'l'HER, that a!ter complaint and pend!ng any hearing thereon,said Mayor and Council may suspend or demote,in rank or p~,said Chie! o! Police or other policeotticer and/or employee against whom complaint is riled,w1th or without campensation,tor the period or suspension or demotion."

"SECTION IV. BE IT FURTHER ENACTED by the authority

aforesaid,That the. compensation or the Chie! o!

Police and other police o!ticers,and/or employees o!

said Police Department,sball be prescribed by or-

dinance ,and shall not be increased or diminished

during any !iscal year o! said City,and no extra pay

or costs shall be made to said Chief ot Police or

other otricer or employee or said Department;PRo-

VIDED,HOWEVER,there may be demotion in rank or pay

as provided in or pursuant to the provisions or sec-

tion one ot this Act.



SECTION 3. By changing the section nmnbers or Sections III and IV ot said House Bill so that said Sections III and IV ot said House Bill shall be and
~d as Sections v and VI thereot.

The amendment was adopted.

The report ot the comm1ttee,which was tavorable to the passage or the b1ll,as amended,was a~ed to.

1770

JouRNAL oF THE SENATE,

On the passage of the b1ll,as amended,the ayes were 30,nays o.
The b1ll,as amended,bav1ng received the requisite Constitutional ma.jority,was passed. By Messrs .Hartsfield and Almand of Fulton-
House Bill No.71. A Bill to define the crime of sedition and to prescribe the punishment thereror; and for other purposes.
The report of the comm1ttee ,which was favorab].e to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 30,nays o.
The bill having received the requisite constitutional majority,was passed. By Messrs.Barret~Lanier and Harris of Richmond-
House Bill No.~o. A Bill to amend an Act to abolish the present State Board of Medical Examiners tor the State ot Georgia; and tor other purposes.
The report ot the committee,which was favorable to the passage o:r the bill,was agreed to.
On the passage of the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr .Almand ot Fulton-
House Bill No. 742. A Bill to amend Title 24,Section 24-3801 ot Code o:r Georgia ot 1933 so as to provide tor three terms ot the Supreme Court and the Court ot Appeals in each :vear;and tor other purposes.
The report o:r the comm1ttee,wh1ch was !avorable'to the passage or the b1ll,was agreed to.
On the passage ot the bill the ayes were 32,na.ys o.

WEDNESDAY, MARCH 20, 1935.

1771

The bill having received the requisite Constitutional majority,was passed. By Messrs .Edwards and Coleman o:r L' owndes-
House Bill No.761. A Bill to be entitled an Act to amend Section 95-802 o:r the 1933 Code and addi~ thereto a provision exempting the citizens o:r Lowndes County :rrom the provisions o:r said Section; and tor other purposes.
The report o:r the cCIDD11ttee,which was :favorable to the passage o:r the bill,was agreed to.
On the passage o:r the bill the ates were 29,nays 0. The bill having ~eceived the requisite Constitutional majority,was passed. By Mr .Morris o:r DouglasHouse Bill No.920. A Bill to be entitled an Act to abolish the o:r:rice o:r Tax Receiver and Tax Collector o:r Douglas County,to create the o:r:rice o:r Tax caam1ssioner,to fix the tertn and compensation o:r said o:r:ricer;and tor other purposes. The committee o:r:rered the following substitute:
A BILL
To be entitled an Act to abolish the o:t:tice o:r tax receiver and tax collector o:r Douglas County,Georgia; to create the o:t:tice o:r county tax commission o:r Douglas county,Georgia, to :rix the term and compensation or said o:r:ricer;to provide that the laws or force as to tax receiver and tax collector,when the. provisions or this Act become e:r:rective,shall be ot :tull force and e:r:rect as to the county tax camm!ssioner,so tar as same are applicable;to provide that all taxes due at the time the provisions ot this Act become errective and all tax :rt.:ras. theretofore issued shall have full :rorce and e:r:rect and be collectable as issued;to provide that all fees and cammissions and other compensations that would be paid to or collected by the tax rece~ver and tax collec-

1772

JouRNAL OF THE SENATE,

tor,were it not tor the provisions ot this Act,sball be collected by the county tax commissioner herein provided tor and paid into the general tunds ot the treasury ot Douglas County,Georgia;to provide tor payment or said otticer;to provide tor the election ot said county tax cammissioner,and the method ot filling vacancies;to provide tor giving bond;to provide tor putting into effect the Constitution ot . this State as contained in Article eleven(ll),Section three(3),Paragraph one(l);to provide tor a reterendum;and tor other purposes.
SECTION 1. Be it enacted by the General Assembly ot the State ot Georgia,and it is hereby enacted by authority ot the same,that the ottices ot tax receiver and tax collector ot Douglas Coun~,Georgia are hereby abolished,to take effect December 31, 1936,and the duties ot the two ottices aforesaid are hereby consolidated into one office.
S!X:!TION. 2. Be ! t further enacted by the authority aforesaid that the office. ot. tax commissioner ot Douglas County,Georgia is hereby created in lieu ot said abolished ottices~and the rights,duties and liabilities ot the said office ot county taX commissioner ot Douglas County,Georgia,sbali be the same as the rights,duties and liabilities ot the tax receiver and tax collector. The tax commissioner shall give bond in some surety company authorized to do . business in this State in. the sum ot Ten.Thousand Dollars($10,000.00) tor tb8 tatthtu~ performance or his duties and accounting tor all monies that may . come into his bands as tax conmissioner.
S!X:!TION 3. Be it further enacted by the authority aforesaid that all taxes that are dUe and payable at. the time the provisions of this Act become effective and all tax ti.tas. theretofore issued by the tax
collector ot Douglas county Georgia shall have run
force and ettect,and be collected as issued,and all tees,cammissions,and all other compensations allowed tax reee1ver,tax collector of Douglas County,GeorgiA, at the time or this Act becomes ettective,or that . ;' might be legallY allowed to such officers there-

WEDNESDAY, MARCH 20, 1935.

17'73

atterward,were it not tor the .provisions or this Act, shall be collected by said county tax commissioner and paid into the treasury ot Douglas County,Georgia.

SECTION 4. Be it further enacted by the authority

aforesaid that the compensation or the tax commis-

sioner or Do~las County,Georgia,shall be a smn equal

to fifty (50) per cent. or the tees,commtssions,and

all other compensations accruing to the tax receiver

and tax co11ect9r or Douglas County,Georgia,at the

ttme this Act becomes ettective,or that might legallY

be allowed to such officers thereatterwards were it

not tor the provisions or this Act;the Commissioners

shall at their regular meeting each month issue

warrant on sioner,ror

general the per

ccoeunnt.tydfuuendhimtoosnatiadxtarexcecaivmemdiso- r

collec-ced each month,and from this sum he shall pay

all clerical hire and expenses or the office except

equip.ment,stationery and printing.

SECTION 5. Be it further enacted by the authority atoresaid,tbat the first election of county tax commissioner of Douglas County,Georgia,shall be at regular time of electing county officers in 1936, term of offic~ shall be tor four years,as other county otticers,vacancies shall be filled as provided tor that of county treasury.

SECTION 6. Be it further enacted by the authority aforesaid that it tor any reason any portion or this Act shall be held by the court or last resort or this State to be unconstitutional,the whole or this Act shall not thereby became void,but only so much or the same as may be so held to be unconstitutional; the purpose or this Act being to put into effect the Constitution or this State as is contained in Article Eleven (XI) Section Three (III),Paragraph One (I).

SECTION 7. Be it further enacted by the author1ty aforesaid,that within ninety (90) days after the approval or this Act the ordinary may according t6 his discretion call an election,upon application or onefifth or the qualified voters or Douglas County,as shown by last general election held tor electing TaX

1774

JouRNAL OF THE SENATE,

Collector and Tax Receiver of Douglas County,and

when said election is called then this Act in fUll

shall be advertised in county paper in which Sheriff

uses tor legal sales tor thirty days before said-

election is held,and said election shall be held in

the same marmer and under the provisions ot law ap-

plicable to elections ot members of the General

Assembly of Georgia.



Those voting at said election in favor ot adoption ot Tax Commissioner under the provisions ot this Act shall have printed on their ballots "For Tax Commissioner of Douglas County". Those voting at said election against adoption ot TaX Commissioner under the provisions ot this Act,shall have printed on their ballots "Against TaX Camn1ssioner tor Douglas County",and if a majority ot the votes cast in said election shall be tor Tax Commissioner of Douglas County then this Act shall become operative in Douglas County and if no election is held within ninety (90} days from the passage or adoption ot this Act according to the proVisions of this Act as amended,then this Act shall automatically become
operative in said County of Douglas,as ot such
methods,t1me and dates as specified in aaid Act.

BmTION 8. 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 committee substitute was adopted.

The report of the committee,which was favorable to the passage of the bill,by substitute,was agreed to.

on
were

2th9e,napyasssaoge

ot

the

bill,by

substitute,the

ayes

. The bill, by subst1tute,having received the req~.

uisite constitutional ma~ority,was passed~



By Mr.Benton of Jasper-

.

House Bill No.911. A Bill to be entitled an Act to

WEDNESDAY, MARCH 20, 1935.

1775

amend an Act to create a Board of Commissioners ot Roads and Revenues for the County of Jasper,by providing for said Board to consist of five members; and tor other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On the passage ot the bill the ayes were 3l,nays o.

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

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

By Senator Scott ot the 7th District-

Senate Bill No.251. A Bill to be entitled an Act to

regulate the business ot general contracting;to pro-

vide tor the creation and establishment for the State

ot Georgia ot a State Board tor Licensing Contrac-

tors;and tor other purposes.



The report ot the committee,which was favorable to the passage ot the bill,was agreed to.

On the passage of the bill the ayes were 26,nays a.

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

Senator Smith of the 24th District moved that the Senate reconsider its action in passing House Resolution No.l87-862-B,a resolution naming u.S.Highway No.ao and No.280,as the Crisp Military H1ghway,and the motion prevailed.

Senator Lester ot the 18th District moved that the Senate reconsider its action in passing House Bills No.54l,No.542 and No.544,all local bills affecting Glascock County,and the motion prevailed.

The following communication tram His Excellency, the Governor was read:

rna

JouRNAL oF THE SENATE,

March 20,1935.

TO THE. GENERAL ASSEMBLY OF GJOORGIA:

I am returning herewith House Bill No.357,without

my approval.



HOUSE BILL NO. 357 An Act,to provide that owners of live stock in EarlY County shall be prohibited from slaughtering,k1lling,or destroying them in open range,to provide a penalty for this Act;and for other purposes.

The title and caption of this Act purports to provide certain regulations for slaughtering cattle 1n EarlY County, but the Act itself regulates the slaughtering of animals throughout the entire State.

Attached hereto is a copy of an opinion rendered by the Attorney General holding this Act unconstitutional for reasons given in the opinion.

Section II of the Act provides that if any person, firm,buyer,dealer or corporation shall slaughter, kill or destroy cattle,hogs,sheep,goats or any other live stock,shall be guilty of a misdemeanor. It is evident on its race that the author or this Bill did not intend to enact into law what this Bill provides. As the Act passed the General Assembly it makes it a misdemeanor to kill or slaughter cattle in Georgia.

I have vetoed this Bill ror the reasons given above.

Respectfully submitted,
EUGENE TAI11AOOE I
Governor.

WEDNESDAY, MARCH 20, 1935.

1777

March 19,1935. Honorable Eugene Talmadge Governor of Georgia State Capitol Atlanta,Georgia My dear Governor:
Re: House Bill No.357. I have your request for my opinion as to the constitutionality or this bill. The caption or the bill is as follows: "An Act to provide that owners of live stock in Early County shall be prohibited from slaughtering, killing or destroying them in open range; to provide a penalty for this Act;and for other purposes." In the body or the Act it is generally provided . that no person,firm or corporation shall be allowed to slaugnter,kill,or destroy cattle,hogs,goats, sheep or other live stock in open range,bu~ all such persons shall be required to k1ll,slaughter or destroy live stock in closed fields,stock pens or other suitable places. Section 2 of the Act provides: "That 1f any person,f1rm,buyer,dealer or corporation shall slaughter,k1ll,or destroy cattle, hogs,sheep, goats or any other livestock shall be guilty or a misdemeanor." It is thus seen that Section 2 of the Act makes it a misdemeanor to kill or slaughter any cattle without any reference to where such slaughter is carried on. The body of the Act makes no reference of any sort to Early County. This bill is plainly violative of Article III,Sec-

1778

JouRNAL oF THE SENATE,

tion VIIJParagraph VIII,of the Constitution which provides as follows:
"No law or ordinance shall pass mich refers to more than one subject matter or contains matter different from what is expressed in the title
hereof." The title or caption of this Act purports to provide certain regulations for slaughtering cattle in Early County. The Act itself regulates the slaughtering of animals everywhere in the State. In my opinion this Act is plainly unconstitutional.
Yours sincerely, Attorney General
The following communication from His Excellency, the Governor was read:
March 20Jl935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning herewith House Bill No.l45,without my approval.
HOUSE BILL NO. 145 An ActJto require the payment of fees of clerks and sheriffs of the Superior Courts in divorce cases in certain counties in the State of Georgia;and tor other purposes. Attached hereto is a copy of an opinion rendered by the Attorney General holding this Act unconstitutional. The opinion is made a part of this message and the Bill is vetoed tor the reasons given in the opinion hereto attached.
Respectfully submittedJ EUGENE T.ALMAOOE Governor.

WEDNESDAY, MARCH 20, 1935.

1779

March 18,1935. Honorable Eugene Talmadge Governor or Georgia State Capitol Atlanta,Georgia MY dear Governor:
In Re: House Bill No. 145. I have your request for an opinion as to the constitutionality of this Act. It provides that in counties having_a pop~lation or not less than 22,778 and not more than 22,978, according to the census of 1930, or any future census,part1es filing suits for divorce or alimony shall make an advance deposit or $10.00 with the Clerk before the petition is filed,and shall be required by the presiding judge to pay all or the balance or the accrued cost due in any divorce case before the judge shall sign the decree. The general law of this State provides that the plaintiff in a divorce suit shall deposit $6.00 with the Clerk on account or costs upon the filing of the suit. The general law also provides that the costs or court shall be taxed against the party lcsing the case and tor collection from the plaintiff where judgment is round against the defendant and the executing officer can find no property or the defendant upon wh1ch_to levy. Code of 1933,Sections 24-3406, 24-3409,24-3410 and 24-3411. The proposed Act seeks to change the general law of this State in certain counties. By its terms it can apply only to a very limited number or counties. In my opinion it is violative or Article l,Section 4,or Paragraph 1 of the Constitution which provides that laws of a general nature shall have unifonn application throughout the State and that no special or local law shall be enacted in any case for which

1780

JouRNAL OF THE SENATE,

provision is made by an existing general law. See in this connection,

Cain v. State 166 Georgia,539.

Yours very truly,

Attorney General

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

March 20,1935.

TO THE GENERAL ASSEMBLY OF GEX>RGIA:

I am returning herewith the follow1ng Bills,without my approval:

HOUSE BILL NO .499
An Act,to amend Section 95-805 of Chapter 95-8 of the Code of Georgia of 1933,which Section provides that certain persons shall be subject to road duty; and :ror other purposes.

HOUSE BILL N0.444

An Act,to amend Section 95-802 of the Code of

1933,so as to exempt certain count1es;and for

other purposes.

.

HOUSE BILL NO. 83
An Act,to.amend the civil code of Georgia 1910 entnnera.ting who is subject to road duty or commutation tax in lieu thereof ,as amended by the act approved August 15,1922,related to road tax in certain counties;and tor other purposes.

HOUSE BILL N0.391 -
An Act,to amend section 92-802 of the Code o:r Georgia of 1933,no person shall be subject to road duty or required to pay any commutation tax in counties having a population o:r not less than 4375 and not more than 4395;and tor other purposes.

WEDNESDAY, MARCH 20, 1935.

1781

HOUSE BILL N0.413
An Act,to amend Section 695 of the Political Code of 1910,enumerating who is subject to road duty or commutation tax in lieu thereof,by excepting counties with a certain population tram the provisions thereor;and for other purposes.
HOUSE BILL N0.638
An Act,to repeal section 695(uu-23)volume I ot the Code of Georgia,enumerat1ng the persons subject to road duty in Georgia as amended by the Act approved August 15th,l922,relating to road taxes in certain counties from the provisions thereot;and for other purposes. These Bills are all alike. Attached hereto are copies of the opinion of the Attorney General rendered on each of these Bills. The Attorney General holds them to be unconstitutional tor the reason that ,they are special laws which conflict with the general law,and are in conflict with that constitutional provision which provides as follows: 11La.ws of a general nature shall have uniform operation throughout the State and no special law shall be enacted in any case tor which provision has been made by an existing general law." These Bills attempt to exempt the counties to which they refer tram the Alternative Road Law,and to relieve the citizens of those counties from road. duty or a commutation tax. The only way any county in Georgia can be relieved from the Alternative Road Law is for the general law on this subject to be repealed. I understand a bill proposing such is pending in the General Assembly.
Respectfully submitted,
EOOENE 'l'AU1ADGE,
Governor.

1782

JouRNAL oF THE SENATE,

March 19,1925

Hon.Eugene Talmadge,Governor State Capitol Atlanta,Georgia

Dear Governor Talmadge:

Re:House Bill No.638

I have your request for an opinion as to the constitutionality of this Act.

It proposes to amend the Alternative Road Law by providing that it shall not have application to counties with a population of between 30,620 and 30,630 according to the Census of the United States of 1930. It can have application onlY to Colquitt County.

Under the rulings by the Supreme Court in

Board of Commissioners of Sumter County v.
Mayor and Council of Americus, 141 Ga. 542,

and

City of Macon v. Road Cammis~ioners of Bibb County, 150 Ga. 116,

the proposed bill is unconstitutional because it is

violative of Article !,Section IV,Paragraph I of

the Constltution,which provides tbat



"Laws or a general nature shall have uniform operation throughout the State,and no special law shall be enacted in any case for which provision has been made by an existing general law."

See also in this connection

WEDNESDAY, MARCH 20, 1935.

1783

Cain v. The State, 166 Ga. 539. The Alternative Road Law is a general law which cannot be modified or repealed by a special law having application to one county. The tact that the proposed bill seeks to amend the Alternative Road Law does not change its legal status or make it constitutional. This question was settled by the Supreme court in Mathis v. Jones, 84 Ga. 804. See also Futtrell v. George, 135 Ga. 265. I am therefore or the opinion that House Bill No. 638 is unconstitutional.
Yours very truly, Attorney Generel March 19, 1935
Hon.Eugene Talmadge,Governor State capitol Atlanta, Georgia Dear Governor Tallnadge:
Re: House Bill No. 83 I have your request tor an opinion as to the constitutionality of this Act. It proposes to amend the Alternative Road Law by providing that it shall not have application to counties with a population or between 9,455 and 9,465 according to the Census of the United States of 1910,or any future census. It can have present application only to Douglas County.

1784

JouRNAL OF THE SENATE,

Under the rulings by the Supreme Court in Board of Commissioners of Sumter County v. Mayor and Council of .Americus,
141 Ga. 542,
and City of Macon v. Road Commissioners of Bibb County,
150 Ga. 116,
the proposed bill is unconstitutional because it is violative of Article !,Section IV,Paragraph I ot the Constitution,which provides that
11Uiws of a general nature shall baye uniform operation throughout the State,and no special law shall be enacted in any case tor which provision has been made by an existing general law. 11 See also in this connection Cain v. The State,
166 Ga. 539.
The Alternative Road Law is a general law which cannot be modified or repealed by a special law having application to one county.
The tact that the proposed bill seeks to amend the Alternative Road Law does not change its legal status or make it unconstitutional. This question was settled by the Supreme Court 1n
Mathis v. Jones,
84 Ga. 804.
See also Futtrell v. George,
. 135 Ga. 265.

WEDNESDAY, MARCH 20, 1935.

1785

I am therefore of the optnion that House Bill No. 83 is unconstitutional.

Yours very truly,

Attorney General

March 19, 1935

Hon.Eugene Talmadge,Governor State Capitol
Atlanta,Geo~gia

Dear Governor Talmadge:

Re: House Bill No. 413 I have your request for an opinion as to the constitutionality of this Act.

It proposes to amend the Alternative Road Law by providing that it shall not have application to counties with a population of betwe~n 32,690 and 32,698 by the Census of the United States of 1930, or any future census. It can have present application only to Laurens County.

Under the rulings by the Supreme Court in

Board of Commissioners of Sumter County v. Mayor and Council of Americus, 141 Ga. 542,

and

City of Macon v. Road Camnissioners of Bibb County, 150 Ga. 116,

the proposed bill is unconstitutional because it is

violative or the Constitu

Article !,Section tion,which provides

IVtn1 Paat ragraph

I

or

"Laws of a general nature shall have uniform operation throughout the State,and no special

1786

JouRNAL oF THE SENATE,

law shall be enacted in any case for which provision has been made by an existing general law." See also in this connection Cain v. The State,
166 Ga. 539.
The Alternative Road Law is a general law which cannot be modified or repealed by a special law having application to one county.
T~ fact that the proposed bill seeks to amend the Alternative Road Law does not change its legal status or make it unconstitutional. This question was settled by the Supreme Court in
Mathis v. Jones,
84 Ga. 804,
See also Futtrell v. George,
135 Ga. 265.
I am therefore of the opinion that House Bill No. 413 is unconstitutional.
Yours very truly, M.J.Yeoma.ns, Attorney General March 19, 1935
Hon.Eugene Talmadge,Governor State Capitol Atlanta,Georg1a Dear Governor Talmadge:
Re: House Bill No. 499 I have your request for an opinion as to the constitutionality of this Act.

WEDNESDAY, MARCH 20, 1935.

17fn

It proposes to amend the Alternative Road Law by providing that it shall not have application to counties with a population of between 18,000 and 18,100 according to the Census of 1930 of the United States or any subsequent census. It can have present application onlY to DoolY County.

Under the rulings by the Supreme Court in

Board of Commissioners of Sumter County v. Mayor and Council or Americus,
141 Ga. 542,

and

City or Macon v. Road Commissioners or Bibb County, 150 Ga. 116,

the proposed bill is unconstitutional because it is violative of Article r,section IV,Paragraph I or the Constitution,which provides that

"Laws or a general nature shall have uniform

operation throughout the State,and no special

law shall be enacted in any case for which

provision bas been made by an existing general

law.



See also in this connection

Cain v. The State, 166 Ga. 539.

The Alternative Road Law is a general law which can not be modified or repealed by a special law having application to one county.

The fact that the proposed bill seeks to amend the Alternative Road Law does not change its legal status or make it constitutional. This question was settled by the Supreme Court in

Mathis v. Jones,
84 Ga. 804.

1788

JouRNAL oF THE SENATE,

See also

Futtrell v. George, 135 Ga. 265.

I am therefore or the opinion that House Bill No.
499 is unconstitutional.

Yours very truly,

Attorney General

March 19, 1935

Hon.~ene Talmadge,Governor State Capitol Atlanta,Georgia

Dear Governor Talmadge:

Re: House Bill No.444 I have your request tor an opinion as to the constitutio~lity of this Act.

It proposes to amend the Alternative Road Law by

providing that it shall not have application to

counties with a population of between 34,275 according to the Census of the

U34n1i2te7d0

and States

ot 1930 or any future census. It can have present

application onlY to carroll County.

Under the rulings by the Supreme Court in

Board of Commissioners of Sumter County v.
Mayor and Council of Americus,
141 Ga. 542,

and

city or Macon v. Road Commissioners or Bibb County,
150 Ga. 116,

the proposed bill is unconstitutional because it is

WEDNESDAY, MARCH 20, 1935.

1789

violative of Article I,Section IV,Paragraph I of the Constitution,wh1ch provides that
"Laws of a general nature shall have uniform operation throughout the State,and no special plarwovsihsiaolnl hbeasebneaecntemd aidne abnyyancaesexifsotirnwg hgicehneral law." See also in this connection Cain v. The State,
166 Ga. 539.
The Alternative Road Law is a general law which can not be modified or repealed by a special law having application to one county.
The fact that the proposed bill seeks to amend the Alternative Road Law does not change its legal status or make it constitutional. This question was settled by the Supreme Court in
Mathis v. Jones,
84 Ga. 804.
See also Futtrell v. George,
135 Ga. 265.
I am therefore of the opinion that House Bill No. 444 is unconstitutional.
Yours very truly,
Attorney General
March 19, 1935
Hon.Eugene Talmadge,Governor State Capitol Atlanta,Georgia
Dear Governor Talmadge:
Re: House Bill No.391 I have your request for an opinion as to the constitutionality of this Act.

1790

JouRNAL or THE SENATE,

It proposes to amend the Alternative Road Law by providing that it shall not bave application to counties with a population of between 4,375 and 4,395 according to the Census of the united States of 1930,or any future census. It can have present application oniy to Glascock County.
under the rulings by the Supreme Court in Board of Camn.issioners of Sumter County v. Mayor and Council of .Americus, 141 Ga. 542, and City of Macon v. Road Commissioners of Biff County, 150 Ga. 116, the proposed bill is unconstitutional because it is violative of Article !,Section IV,Paragraph I of the Constitution,which provides that "Laws of a general nature shall have uniform operation throughout the State,and no special law shall be enacted in any case for which provision has been made by an existing general law." See also in this connection Cain v. The State,
166 Ga. 539.
The Alternative Road Law is a general law which cannot be modified or repealed by a special law having application to one county.
The fact that the proposed bill seeks to amend the Alternative Road Law does not change its legal status or make it constitutional. This question was settled by the Supreme Court in
Mathis v. Jones, 84 Ga. 804.

WEDNESDAY, MARCH 20, 1935.

1791

See also Futtrell v. George,
135 Ga. 265.
I am therefore of the opinion that House Bill No. 391 is unconstitutional.
Yours very truly, M.J.Yeomans, Attorney General.
The following communication fram His Excellency, the Governor,was read:
March 20, 1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning herewith House Bill No.500,without my approval.
HOUSE BILL NO. 500 An Act,to provide !or the filling of the vacancy in certain count,y offices 1n counties having a population of 200,000 or more;and for other purposes. Attached hereto is a copy of an opinion rendered by the Attorney General holding this Act unconstitutional. That opinion is made a part of this message. This Bill attempts to provide that-in Fulton County when a vacancy occurs in the offices of the Clerk of the Superior Court,Tax Collector,Ordinary,Sheri!f and Tax Receiver,the Chief Deputy of such officer shall succeed to the office. The general law or Georgia provides for filling vacancies in county offices and this law is in conflict with the general law or the State and tor that reason 1s unconstitutional. This Bill would permit,as the opinion of the.Attorney General states it,each ot the county officers naned to select the person to succeed him in the

1792

JouRNAL OF THE SENATE,

case of a vacancy without any reference to an election by the people,and without any reference to whether or not such person possesses the qualifications required by the Constitution.

This Bill is very objectionable for these reasons. I am vetoing it;first,because it is unconstitutional and second,because county officers should not be selected except by election of the people and only where they meet the qualifications required by the ConStitution of Georgia.

Respectfully submitted,

Eugene 'J;alma.dge;

-

Governor.

March 19, 1935

Hon.Eugene Talmadge,Governor State Capitol Atlanta,Georgia

Dear Governor TalJDa.dge:

In Re: House Bill No. 500. I have your request for an opinion as to the constitutionality of this Act.

It provides that in counties rAving a population

of or

200 any

1

000
futu

or re

more,according to the census,when a vacancy

Census occurs

ot in

1930, the

offices of Clerk of the Superior Court,Tax Col-

lector,Ordinary,Sheriff,or Tax Receiver,by reason of

death,resignation,or tram other cause,the chief

deputy of such ofticer shall succeed to the ottice

and perform the duties thereof until the end of the

ter.m. It further provides that there shall be no

special election to fill any such vacancy~d that

each of the officers named shall at all t s have

a designated chief deputy.

The. general law of this state provides for filling vacancies in county offices. The proposed Bill is in contravention of the general law,and bas present ap-

. WEDNESDAY, MARCH 20, 1935.

1793

plication only to Fulton 9ounty. While it would not be unconstitutional for that reason,under the decision by the Supreme Court in
Abbott v. Commissioners, 160 G. 657, it certainly is violative of the spirit ot Article I,Section IV,Paragraph I of the Constitution,which provides that all laws of a general nature shall have uniform application throughout the State. Without re.rerence,however,to this prov1Bion of the Constitution,it 18 my opinion that the proposed Act is plainlY violative of Article XI,Section II,Paragraph I of the Constitution of Georgia,which :provides as follows: "The county officers shall be elected by the qualified voters of their respective counties, or districts,and shall hold their offices for !our years. They shall be removed on conviction for malpractice in office,and no person shall be eligible to any o! the offices referred to in this paragraph,unless he shall have been a resident of the county for two years,and is a qualified voter." The proposed Bill would Permit each of tha officers named to select the person to succeed him in the case of a vacancy,without any reference to an election by the people;and without any reference to whether or not such person possessed the qualifications required by the Constitution. The officers named in this Act are constitutional officers or the county.
Lee v .Byrd, 169 Ga. 622.
In my opinion the quoted provision of the Constitution not only requires that the county officers who are deemed constitutional officers within the meaning of this provision shall be elected by the

1794

JouRNAL OF THE SENATE,

people,but that vacancies for unexpired terms must also be filled by elections by the people. To hold otherwise would be to defeat the manifest purpose of the Constitution.

For the reasons stated,I am of the opinion that House Bill No.SOO is lmconstitutional,and must so hold.

Yours sincerely,

Attorney General.

The following communication fram His Excellency, the Governor was read:

March 20, 1935.

TO THE GENERAL ASSEMBLY OF GEX>RGIA:

I am returning herewith House Bill No.653,w1thout my approval.

HOUSE BILL NO. 653 An Act, to fix the rights and powers of the sheriffs in said state in counties with a population of not less than 15,410 and not more than 15,4l;to give said sheriffs the right and power in his own discretion to go out of one county into another state,to arrest parties cJarged with crimes;and for other purposes.

Attached hereto is copy of an opinion rendered by the Attorney General holding this Act unconstitutional. This Bill provides for the compensation ot the Sheriff of Ta.ttnall Cotm.ty and makes other provisions governing the sheriffs or said county Which provisions are in conflict with the general law on this subject.

In addition to the above,this Bill undertakes to

authorize the sheriff to go outside the State to

make
yond

arrests the legi

sinlactirvime ipnoawl ecrasoefst,hwehiScht

is clearly beate-itseltas

WEDNESDAY, l\fARCH 20, 1935.

1795

the State cannot exercise its police.powers beyond its territorial ltmits. This Bill is vetoed tor the reasons given 1n the opinion ot the Attorney General,and tor other reasons set out aqove.
I am also returning herewith House Bill No.655, w1thout my approval.
HOUSE BILL NO. 655 An Act,to provide tor the payment to the clerks andSheritt ot felony costs in cases where the defendant is convicted in counties ot not less than 15,410 and not more than 15,415 according to the census ot 1930;and tor other purposes. This Bill attempts to make provision tor the payment or insolvent costs or criminal cases in the Superior court ot Tattnall County. There is a general law providing tor-the payment or insolvent costs in such cases. This is a special law in conflict with the general law and is theretore,unconstitutional. Attached hereto is copy ot an opinion or the Attorney General,which is made a part ot this message.
Respectfully subm1tted,
EUGENE TALMADGE I
Governor.
March 19,1935 Honorable Eugene Talmadge,Governor State Capitol Atlanta,Georgia Dear Governor Talmadge:
In Re: House Bill No. 655.
stiItuhta1voenyaol1utryreoqrutehsitstoArcta.n opinion as to the con-
The proposed Bill provides that in counties having a-population ot not less than 15,410 and not more than 15,415,according to the census ot 1930,it shall

1796

JouRNAL oF THE SENATE,

be the duty of the county authorities to pay to_the Clerks and Sheriffs their lawfUl costs in any felony case where the defendant is convicted.
Provision is already made by general law for the payment of insolvent costs in criminal cases in the Superior Court. (Code of Georgia of 1933,Section 27-290l,et seq.).
The proposed Act changes the general law with respect to one county in Georgia. It can have application only to Tattnall County.
In my opinion it is,therefore,violative of Article . I ,Section IV,Paragraph I of the Constitution.
See in this connection: Clark v. Reynolds, 136 Ga. 817,826; Clark v. Clark, 137 Ga. 185; Atkinson v. Bailey,
135 Ga. 336.
Y~urs sincerely, Attorney GeneraL
March 19,1935 Honorable Eugene Talmadge Governor State Capitol Atl.anta,Georg1a Dear Governor Talmadge:
In Re: House Bill No. 653. I have your request for an opinion as to the constitutionality of the proposed Act. This Bill provides that 1n counties of not less than 15,410 and not more then 15,415,according to

WEDNESDAY, MARCH 20, 1935.

1797

the Census or 1930,the Sheriffs shall have the power in their own discretion,to go out of the county or elsewhere to arrest persons charged with crtmes,and it. shall be the duty or the County Commissioners without any previous authorization to pay the Sheriff $3.50 .Per day plus mileage not to exceed ten ce~ts a mile each way for such trips. It further provides that the Sheriff shall have the same daily salary and expenses for carrying insane persons to the Milledgeville State Hospital.
The fees and compensation or the Sheriffs or the various counties of this State are fixed by general law. (Code of Georgia of 1933,Section 24-2823). It is expressly provided by this Section that the per diem shall be paid for personal services rendered out of the county on -official business authorizedby the co~ty authorities.
The proposed Bill does not make any change in the rate of pay but provides for the payment whether or not the services were authorized by the county authorities.
For the reason just stated,the proposed Bill changes the general law now or force with respect to a particular county. The proposed Bill can have ap... plication only to Tattnall County.
It is my opinion,there!ore,that this Bill,under repeated rulings by the Supreme Court,is violative of Article !,Section IV,Paragraph I of the Constitution.
Insofar as the Bill undertakes to authorize the Sheriffs to go outside the State to make arrests in criminal cases,it goes,of course,beyond the legislative power or the state itself,since the state cannot exercise its police powers beyond its territorial limits.
-YoUrs sincerely, MA.Jt.tYoeranmeayns,u.,_eneral.

1798

JouRNAL OF THE SENATE,

The following privileged resolutions were read and adopted:

By senator Hart of the 36th DistrictA Resolution extending the privileges of the floor
to Messrs.McKn1ght and Holbrook, two prominent. business men from Seno1a,Georgia.

By Senator McGinty of the 43rd DistrictA Resolution extending the privileges of the floor
to Mr.L.N.Foster,Principal of Murray County High School,Chatsworth, Georgia.

B,y Senator Beasley of the 2nd DistrictA Resolution extending the privileges of the floor
to Hon.Lewis E.Mills of Savannah,Georgia.

By Senator Johnston of the 39th DistrictA Resolution extending the privileges of the floor
to Hon.Rarold Hawkins,Judge of the Blue Ridge Circuit.

BY Senator Beasley of the 2nd DistrictA Resolution extending the privileges of the floor
to Mr. and Mrs. J.E.Thampson,of Glennville,Georgia.

By Senators Jonnson of the 31st District and Skelton of the 30th District-
A Resolution exteridihg the privileges of the floor to Mrs.Da.vid Atkinson and Mrs.Lama.r Rucker,wives of the Senators from the 1st and 50th Districts respectivelY.

By Senator Johnston of the 39th DistrictA Resolution extending the privileges of the floor
to Hon.Grady Coker,Mayor ot Canton.

By Senators M1lhollin of the 46th District,and

Strickland of the 3rd District-

.

A Resolution extending the privileges of the floor

to Mrs. Allen W. Darden, wife of the Senator fr001

the 51st District.

WEDNESDAY, MARCH 20, 1935.

1799

Senator Scott of the 7th District moved that the Senate do adjourn and the motion prevailed.
The President announced that the Senate stood ad-. journed until tomorrow morning at 9:00 o'clock.

1800

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, March 21, 1935.

The Senate met,pursuant to adjourmnent, at 9:00 otclock 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:

Almon Atkinson Beasley cannon carrington Chappell Clark Cooper CraWford Darden Dennis Dickerson
Duncan
Edenfield
Evans
Gary Gaskins

Goodwin Harden Hart Holt Johnson or the 31st Johnston or the 39th Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty

McLeod McWhorter Milhollin Millican Pope
Ragan
Rawlins Rucker Scott Silmnons Skelton Smith Strickland Thomas
Vaughn
Wright Dupree

Senator Hart of the 36th.District,Chairman of the Committee on Journals,reported that he had examined the Journal or the preceding session and round it to be correct.

senator Pope or the 15th District asked unanimous consent that the reading or the Journal be dispensed with and consent was granted.

The Rules Committee fixed the following order of business tor the forenoon session or this date:

1. Reports or Standing Camnittees.

THURSDAY, MARCH 21, 1935.

1801

2. second reading of bills favorablY reported. 3. First reading of bills for reference. 4. Local bills and general bills with local application ready for passage. 5. House Bill No. 240,known as the General Appropriations bill,called up by senator Lester,Cbairman of the Committee on Appropriations. Mr. Jones of the 17th District,Chairman of the Committee on Uniform Laws,submitted the following report: Mr. President: Your Cammittee on Uniform Laws have had under consideration the following Bill of the House and have instructed me as Cbainna.n,to report the same back to the Senate with the following recommendation: House Bill No. 164, do pass.
Respectfully submitted, Jones of 17th District, Chairman.
Mr. Lester of the 18th District,Cbairman of the Committee on Appropriations,submitted the following report: Mr. President:
Your Committee on Appropriations have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 573, do pass. RespectfullY submitted Lester of 18th District, Chairman.

1802

JouRNAL oF THE SENATE,

Mr. Milhollin of the 46th District, Chairman of the Committee on Agriculture~subm1tted the following report: Mr. President:
Your Committee on Agriculture have had under consideration the follow! ng Bill of the House and have instructed me as Chainnan, to report the same back to the Senate with the following recommendation:
House Bill No. 792, do pass. Respectfully submitted, Milhollin of 46th District, Chairman.
Mr. Skelton or the 30th District,Chairma.n of the Committee on General Judiciary No. 1, submitted the following report: Mr. President:
Your Committee on General Judiciary No.1 have had under consideration the following Bill~ of the House and have instructed me as Cha1nna.n, to report the same back to the Senate with the following recommendation:
House Bill No. 8771 do not pass. RespectfullY submitted, Skelton of 30th District, Chairman.
The following bills of the House,favorably reported by Cammittees,were read the second time: By Mr.Milam of Spalding-
House Bill No. 147. A Bill to permit trapping of fur-bearing animals by means or steel traps ;and tor other purposes.

THURSDAY, MARCH 21, 1935.

1803

By Messrs.Jackson Parker of Colquitt

ot Bleckley,Bloodworth ot ,Almand of Fulton,Reagan

oBt iHbbe,nry

and Bennett ot ware-



House Bill No.l64. A Bill to create a corporation

to be known as "The Georgia Bar";to provide tor its

organization,government and income;and tor other

purposes.

By Mr.Parr ot TaylorHouse Bi11 No. 792. A Bill to regulate the mar-.
keting ot eggs;and tor other purposes.

By Mr .Gammage ot TerrellHouse Bill No.929. A Bill providing a method tor
the erecting or fish-ladders or passageways tor the passage ot fish in the fresh water streams;and tor other purposes.

The following resolutions ot the House were read and adopted:

By Mr .Almand ot FultonHouse Resolution No.239. A Resolution to adopt a
pledge ot allegiance to the State Flag.

By Mr .Harris ot RichmondHouse Resolution No.244. A Resolution that the
General AssemblY convene in joint session in the Hall of the House of Representatives at 12 ofclock, noon,on Friday tor the purpose of accepting a flag ot the State of Georgia to be presented to the General AssemblY by the Georgia Woman's Democratic Club.

Senator Millican of the 35th District arose to a point ot personal privilege and addressed the Senate.

Senator Rucker or the 50th District arose to a
peint ot personal privilege and addressed the Senate.

Senator Jones of the 17th District arose to a point of personal privilege and addressed the senate.

Senator Larsen of the 16th District arose to a point ot personal privilege and addressed the Senate.

1804

JouRNAL OF THE SENATE,

The following bills of the Senate were read the third t~e and put upon their passage: By Senators Gaskins of the 6th D1str1ct,Harden of the 47th District and Dickerson of the 5th District-
senate Bill No. 226. A Bill to be entitled an Act to increase the mlleage ot the State Aid Road System by the addition of a highway known as the TlttonHo.merville Road;and for other purposes.
The report of the conunittee,whlch was favorable to the passage of the blll,"was agreed to.
o.On the passage of the bill the ayes were 28,nays
The bill having received the requisite Constitutional majority,was passed. By Senator Evans ot the 29th District-
Senate Bill No.256. A Bill to amend the Cbarter of the Town of Dearing in McDuffie County;and tor other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
o.On the passage of the bill the ayes were 30,nays
The bill having received the requisite Constitutional majority,was passed.
The following message was received from the Housethrough Mr.K1ngery,the Clerk thereof: Mr.President:
The House has passed by the requisite Constitutional majority_the following bills and resolutions of the House,to wit: By Messrs. Durden and Sabados of Dougherty-
House Bill No.535. A Bill to be entitled a~ Act to

THURSDAY, MARCH 21, 1935.

1805

regulate the sale or tirearms,including machine guns, prescribing the keeping and sale ot such arms and providing a penalty tor the violation or this Act; and tor other purposes. By Mr .Cobb or Clark-
House Bill No.862. A Bill to be entitled an Act to establish an e:xa.mining Board to set the standards and certify the qualifications of all probation and parole officers who serve the courts ,and inst.1tutions in the state ot Georgia;and tor other purposes. By Messrs.coxon or Long,Ramsey or Fulton and others-
House Bill No.313. A Bill to be entitled an Act to authorize the creation or a Board or Public Welfare in each county or the State;to provide tor the appointment of membership or said boards;and tor other purposes. By Mr.Weeks of Columbia-
House Bill No.253. A Bill to be entitled an Act to detine,prevent,torbid and prohibit the organization ot,the operation or or the participation in a nudist colony,or colonies in the State ot Georgia; and tor other purposes. By Messrs.Cohen or Chatham and Weathers or Jenkins-
House Bill No.557. A Bill to be entitled an Act authorizing appointment or a commission tor the exploitation and business ot manufacturing and selling products and by-products from the forests and/or clay or Georgla;and tor other purposes. By Messrs .Milam ot Spalding, Edwards ot Lowndes, and others-
House Bill No.683. A Bill to be entitled an Act to appropriate the sum ot $15,000.00 tor the year 1936, and $15,000 tor the year 1937,to the Georgia Training School for G1rls;and tor other purposes. By Messrs.Lindsay,Guess and Ansley of DeKalb~
House Bill No. 59. A Bill to be entitled an Act to prevent the operation ot any vehicle equipped with a siren,or other horn which is commonly used tor emer-

1806

JouRNAL oF THE SENATE,

gency purposes,except ambulances,fire,police and sheriffs automobiles;and for other purposes. By Mr.Williams of Bacon-
House Bill No. 743. A Bill to be entitled an Act to amend Section 45-501 of 1933 Code so as to give Commissioner of Game and Fish power to permit fishing in fresh water streams,likelY to run dry; and for other purposes. By Mrs.coxon of Long-
House Bill No.783. A Bill to be entitled an Act to amend Section 27-2506 of the 1933 Code which provides a punishment for misdemeanors,so as to provide that no white female convicted under the age of 18 shall be sentenced to labor and confinement in the Womans Prison on the State Farm;and tor other purposes. By Mr.Zellner.of Monroe-
House Bill No.483. A Bill to be entitled an Act to provide for the continuous succession and life ot corporations,created for churches,schools and colleges,whether heretofore granted or that may hereafter be granted or created;and for other purposes. By Mr.Clements of Wheeler-
House Bill No.622. A Bill to be entitled an Act authorizing the Welfare Department of the Board or Control or Eleemosynary inStitutions to arrange care tor Homeless,neglected and dependent ch1Idren;and for other purposes. By Mr. Terrell of Troup~
House Bill No.841. A Bill to be entitled an Act to provide for inspection of all property,inst1tut~ons and resources of the State by Legislative Committees; and tor other purposes. By Messrs.Daughtry ot Wilkinson and Mallory of Twiggs-
House Resolution No.229-975-A. A Resolution to provide a lWecial committee or the House and Senate to
report ~o the next session or the General AssemblY

THURSDAY, MARCH 21, 1935.

1807

proposed legislation for hospitalization of needy _ persons. By Mr.Thompson of Mllscogee. House Resolution No.93-474-C. A Resolution authorizing the repayment to certain businesses tax money illeg.allU paid by persons,firms,and corporations engaged in the manufacture of lumber products;and for other purposes. By Mr.Benton of Jasper-
House Resolution No.209-931-A. A Resolution designating State Highway or Route No. llas the "Andrew JacksOn Higb.way";and for other purposes. By Messrs.Shedd of Wayne and Wrencp of Charlton-
House Resolution No.230-978-A. A Resolution memo~ alizing Congress to pass legislation setting aside the Okefenokee Swamp as a National Park;and.for other purposes. By Mr .Reagan ot Henry-
House Bill No.320. A Bill to be entitledan Act amending Section 1852 (1) of the Civil Code ot Georgia and Section 555 (1) ot the Penal Code ot Georgia Relating to Records to be made by purchasers of seed Cotton so as to include the purchase and record ot Grain Wheat;and tor other purposes. By Mr.Terrell ot Warren-
House Bill No.261. A Bill to be entitled an Act to amend Section 24-1707 of the Code ot Georgia 1933 by striking !rom said section the last 5 words,to-wit, "as Clerk,and no more",and insert therein the following words,"during said vacancy";and tor other purposes. By Messrs.Spivey ot Emanuel,Culpepper ot Fayette, Parker or Colquitt and Johnson o:r Sem1nole,and others-
House Bill No.724. A Bill to be entitled an Act to amend.Title 92 part IX ot the Code ot Georgia ot 1933,by am~nding chapter 92-3l,by fixing the ~te ot taxation ot corporations;by further defining "gross

1808

jOURNAL OF THE SENATE,

income";by repealing the exemption from taXation of royalties from u.s.Patents;and for other purposes.
The following message from the House was received through Mr.Andrew J.Kingery,Clerk. Mr. President:
The House has disagreed to the Senate Amendment to the following bill of the House,to wit:
By Messrs. Culpepper of Fayette;Harris,Lanier and Barrett or Richmond. House Bill No.oo. A Bill to be entitled an Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes;to provide for the enforcement of this Act;to repeal laws in conflict with this Act;and for other purposes.
The Speaker has appointed as a Conference Committee on the part of the House to confer with a like Committee on the part of the Senate,the following members of the House:
Messrs. Williams of Coffee;Watson of Paulding and Culpepper of Fayette.
The following bills and resolutions of the House were read third time and put upon their passage: By Mr .Mann of Toombs-
House Bill No.675. A Bill to be entitled an Act to increase the mileage of the State Aid Road System by adding mileage in Toombs County;and for other purposes.
The report of the Committee,which was favorable to the passage of the bill,was agreed to.
o.On the passage of the bill the ayes were 27,nays
The bill having received the requisite Constitutional majority,was passed.

THURSDAY, MARCH 21, 1935.

1809

By Mr.Ross of Dodge-

House Bill No.729. A Bill to be entitled an Act to

reduce the bond of the Sheriff of Dodge County,Geor-

gia,from $10,000.00 to $5,000.00;and for other~ur-

poses.



The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the.ayes were 30,nays o
.
The bill having received the requisite Constitutional majority,was passed.

By Mr.Oden of PierceHouse Bill No.882. A Bill to be entitled an Act to
increase the mileage of the State Aid Road System by the addition of a high~~ to be known as the "General David Blackshear Highway ;and for other purposes.

The report of the committee,whichwas favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 29,nays o.

The bi~l having received the requisite Constitutional majority,was passed. By Mr.Fowler of Treutlen-
House Bill No.886. A Bill to be entitled an Act to reduce the bond of the Sheriff of Treutlen County from $10,000.00 to $3,000.00;and for other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 29,nays o.

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

1810

JouRNAL or THE SENATE,

By Messrs.Hartsfield,Ramsey and Almand of FultonHouse Bill No.899. A Bill to be entitled an Act to
amend Acts 1929,page 260 by des"!gnating a certain highway in Fulton County a part of the State Highway System;and for other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 41 1 nays o.
The bill having received the requisite Constitutional majority,was passed. By Messrs.Hartsfield,Ramsey and Almand of Fulton-
House Bill No.906. A Bill to be entitled an Act to increase the mileage of the State Aid Road System by the addition of a highway in Fulton County;and for other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 29,nays o.

The bill having received the requis1te Constitu- tional majority,was passed. By Messrs. Hefner of White and Jackson of Habersham-
House Bill No.907. A Bill to be entitled an Act to increase the mileage of the State Aid System ot Roads by addition of a road fram Nacoochee Post Office, through Nacoochee Valley and intersecting with Route 115;and tor other purposes.
The report ot the camm1ttee,which was favorable to the passage ot the bill,was agreed to.
on the passage of the bill the ayes were 34,nays o.

The bill having received the requisite Constitutional major1ty,was passed.

THURSDAY, MARCH 21, 1935.

1811

By Messrs.McGraw and Peters or Meriwether and Culpepper or Fayette-
House Bill No.914. A Bill to be entitled an Act to amend an Act approved August 29,1929,designating the Highway Mileage by adding additional mileage fram Woodbury through Raleigh to Wann Springs;and fo:r other purposes.
The report of the commdttee,which was favorable to the passage of the bill,was agreed to.
On the passage or the bill the ayes were 30,naysO.
The bill having received the requisite Constitutional majority,was passed. By Mr.Martin of Jeff Davis-
House Bill No.922. A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Jeff Davis County;to create the office or County Tax Commissioner;and for other purposes.
The report or the committee,which was favorable to the passage of the bill,was agreed to.
On the passage or the bill the ayes were 30,nays o.

The bill having received the requisite Constitutional majority,was passed.
BY Mr.Clements of Wheeler-
House Bill No.926. A Bill to be entitled an Act to amend an Act so as to add mileage !rom Towns Consolidated School on Route No.27 to a point seven miles east;and for other purposes.
The report or the committee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 28,naysO.

1812

JouRNAL oF THE SENATE,

The bill having received the requisite Constitutional majority,was passed. By Mr.Benton of Jasper-
House Bill No.930. A Bill to be entitled an Act to define and restrict the powers of the Board ot cammissioners of Jasper county;and for other purposes.
The report of the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 3l,naysO.

The bill having received the requisite Constitutional majority,was passed. By Messrs.Preston and Almand of Walton-
House Bill No.931. A Bill to be entitled an Act to increase the mileage of the State Aid Road System by the addition of a road in Walton County;and tor other purposes.
The report of the cammittee,Which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 28,nays o.

The bill having received the requisite Constitutional majority,was passed. By Mr.Head of catoosa-
House Bill No.934. A Bill to be entitled an Act to increase the State Aid Road System by the addition of a road from Ringgold to Reed's Bridge in catoosa County;and for other purposes.
Senator Clark of the 44th District offered the following substitute for House Bill No.934:
A BILL
To be entitled an Act to amend an Act entitled "Highway Mileage" as same appears in the Acts of the

THURSDAY, MARCH 21, 1935.

1813

Georgia Legislature of 1929,pages 260 through 268 and including the map opposite page 268 of said Acts of 1929,said Act hereby amended being known as the Traylor-Neill Bill,and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map,so as to add to said map a road from Ringgold to Reedts Bridge in Catoosa County,Georgia;and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority or the same that,that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto,as said Bill appears in the Acts of the Georgia Legislatul~ of 1929,pages 260 through 268,together with the map opposite page 268 or said Acts or l929,be and the 8ame is hereby amended by adding to and placing on sai4 map,as fully and completely as though originally drawn on said map,that certain road tram Ringgold to Reedts Bridge in catoosa County,Georgia.

Section 2. Be it further enacted tba~y the ad-

dition of said road on said map and the c1ng of said

road on said map there arises no obligation either

express or ~plied,that the State of Georgia,or the

Highway Department of Georgia shall be responsible

for any maintenance on said road nor shall the ad-

dition of said road to said map entitle the county

or counties in which said road ceive Lts pro rata part of the

list

located to regasoline tax al-

located to said county as to said road hereby added

on said map,unless and until said road is formally

designated as a State Aid Road by the State Highway

Board of Georgia by appropriate action as now pro-

vided by law and a map,showing said road thereon,be

filed with the Secretary of State as now provided by

law.

section 3. Be it further enacted that it is the purpose of this Act to give to the State Highway Department or Georgia the right and authority to legally designate said road from Ringgold to Reedts Briqge in catoosa county,Georgia,as a State Aid Road;

1814

JouRNAL OF THE SENATE,

and it and When said road is so designated by said State Highway Department ot Georgia said road shall not be considered a part o! the five hundred (500) additional miles allowed 1n addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

Section 4. Be it enacted that all laws and parts ot laws in conflict herewith are hereby repealed.

The substitute was adopted.

The report o! the committee,which was favorable to the passage of the bill,by substitute,was agreed to.

On
were

3t h0e,napyasssaog. e

o!

the

bill,by

substitute,the

ayes

The bill,by substitute,having received the requisite Constitutional majority,was passed.

By Messrs.Shirah and Parker o! ColquittHouse Bill No.937. A Bill to be entitled an Act to
amend an Act creating a Board ot County Commissioners tor Colquitt County;and tor other purposes.

The report ot the committee,which was favorable to the passage ot the bill,was agreed to.

On the passage o! the bill the ayes were 30,'nays 0.

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

By Mr .Grayson ot Cha.tha.1!1House Bill No.939. A Bill to be entitled an Act to
authorize and empower the Governor to sell a marsh island in Chatham County and to execute deed tor the same;and tor other purposes.

The report or the cammittee,whichwas favorable to

the passage o! the bill,was agreed to.

.

THURSDAY, MARCH 21, 1935.

1815

On the passage ot the bill,the ayes were 27,nays o.

The bill having received the requisite Constitu-

tional ma.jority,was passed.

.

By Messrs.Anderson,Grittin and Willingham ot Floyd-

House Bill No. 944. A Bill to be entitled an Act

to provide tor the abolition ot the right to collect

and assess street tax and commutation tax in those

cities in the State ot Georgia,having a population,

according to the 1930 census,ot not less than 21,800

and not more than 211 900;and tor other purposes.

The report ot the committee,wnich was favorable to the passage ot the bill,wa.s agreed to.

On the passage ot the bill the ayes were 32,nays o.

The bill having received the requisite Constitutional majority,wa.s passed. By Messrs.Bowden,Freema.n and Bloodworth ot Bibb-
House Bill No.94?. A Bill to be entitled an Act to amend an Act abolishing the tees and fixing a salary in lieu thereof tor the Solicitor General ot the Macon Judicial Circuit;and tor other purposes.
The report ot the cODDnittee,wh1ch was favorable to the passage ot the bill,was agreed to.
On the passage ot the bill the ayes were 3l,nays o.

The bill having received the requisite Constitutional majority,was passed. By Messrs.Freeman,Bloodworth and Bowden ot Bibb-
House Bill No.949. A Bill to be entitled an Act to amend an Act creating a new charter tor the City ot Macon by providing that the Mayor may hold Recorders Court;and tor other purposes.

1816

JouRNAL oF THE SENATE,

The report or the cammittee,which was favorable t the passage or the bill,was agreed to.
on the passage or the bill the ayes were 3l,nays
..
The bill having received the requisite Constitutional majority,was passed. By Messrs.Te.rrell and West or Hall-
House Bill No.955. A Bill to be entitled an Act t authorize certain cities to police areas owned by them outside their corporate limits;and for other _purposes.
The report or the committee,which was favorable t the passage or the bill,was agreed to.
On the passage or the bill the ayes were 3l,nays

The bill having received the requisite Constitutional majority,was passed. By Mr.Edwards of Stephens-
House Bill No.957. A Bill to be entitled an Act t amend an Act entitled an Act to provide for County Commissioners for roads and revenues for the County or Stephens;and for other purposes.
The report of the cammittee,wbich was favorable t the passage or the bill,was agreed to.
On the passage or the b~ll the ayes were 29,nays

The bill having received the requisite Constitutional majority,was passed. By Messrs.Peters and McGraw of Meriwether,and Do~las of .Talbot-
House Bill No.963. A Bill to be entitled an Act t amend an Act designating Highway Mileage by adding road in Meriwether and Upson Counties;and for other purposes.

THURSDAY, MARCH 21, 1935.

1817

The report or the cammittee,which was favorable to he passage or the bill,was agreed to.
On the passage or the bill the ayes were 27,nays o.

The bill having received the requisite Constituional majority,was passed.
Messrs.Bloodworth,Bowden and Freeman or Bi~ House Bill No.967. A Bill to be entitled an Act to nd an Act creating a new charter tor the City or con, With reference to Board or Tax Assessors;and or other purposes. The committee ottered the following substitute tor ouse Bill No.967:
A BILL To be entitled an Act to amend an Act approved ugust 3rd,l927,entitled "An Act to re-enact_the barter ot the City or Macon contained in the Act pproved August 17th,l914,together with the acts nding same,passed since l914,with certain changee n said acts; to consolidate into one act,with such hange~ as may have became necessary or proper,all cts constituting the charter or the City or Macon d relating to the rights,powers,and_duties or said orporation;to amend the said Act or 1914 and the cts amendatory thereor;and tor other purposes",as ended by an Act approved March 21,1933,by creating board or tax appeals tor the City of Macon and proiding for the assessment and valuation of property or taxation;and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the Act of the General Assembly of orgia approved August 3rd,l927,entitled "An Act to e-enact the charter of the City of Macon contained n the Act approved August 17th,l914,together with he acts amending same,passed since 1914,withcerin changes in said acts;to consolidate 1fitO one ct,with such changes as may have become necessary

1818

JouRNAl. OF THE SENATE,

or proper,all acts constituting the charter of the City of Macon and relating to the rights,powers,and duties of said corporation;to amend the said Act of 1914 and the Acts amendatory thereof;and for other purposes",as amended by an Act approved March 21, l933,be and the same is hereby amended by striking and repealing all of Sec~ion 93 of said Act of August 3,1927,which provides for a board of tax assessors,prescribes the membership thereof and fixes the duties and powers of said board,and enacting in lieu thereof a new section to be numbered Section 93 and to read as follows:

"Section 93. Board of Tax Assessors Created. .

There shall be a board of tax assessors in said

city,charged with the duty of receiving and

equalizing tax returns on all property,real and

personal,in said city,subject to taxation. Said

board shall consist of three members elected by

the mayor and council;provided, however,that

the mayor and council shall have the power to

designate any officer or employee as one of the

members of said board,who shall discharge the

duties of a tax assessor without additional

compensation therefor. Said board is hereby

vested with full power and authority to assess

tor taxation the fair market value of all property,

real and personal,in said city,subject to ta:xa.-

tion,so that said property shall stand upon the

tax digests at its reasonable and fair actual

market value. The property in said city subject

to taxation owned by said tax assessors shall

be assessed by the mayor and council. It shall

be the duty of said board at all ttmes to lo-

cate property that is not duly returned for

t t

ax he

at f

ion air

1

to e and

qualize reasona

taxation and to ble market value

ascertain of all

property in said city subject to taxation. It

shall be the further duty of the said board of

tax assessors(and the express power is hereby

given to the city of Macon for the exercise of

said duty} at any time within the period of

seven years to assess or reassess property that

bas,in the opinion of sa1d.board,escaped a just

THURSDAY, MARCH 21, 1935.

1819

and propoPtionate burden of taxation by reason of having not been returned and/or assessed,or if returned and/or assessed, upon which the original return and/or assessment was invalid for
any reason,provided,however,no re-assessment
shall be made in any case where the taxpayer has paid and the city of Macon has accepted payment of said alleged invalid or void return and/or assessment. If the owner of the said property has made a return of said property and the return of said property has been raised by the assessment of the assessors and if the assessment tor any reason is invalid,then another assessment or reassessment may be made upon said property at any time within seven years and no new return snall be required or permitted by the said property owner. The assessment or re-assessment of said property,and all hearings,notices,appeals,and all other procedure shall be governed by the same rules,and made 1n the same form and manner as provided tor matters of taxation generallY by section 94 of the Charter of the City of Macon." SECTION 2. That said Act approved August 3rd,l927, be and the same is hereby amended by striking and repealing all of Section 94 which provides for the assessment of unreturned property,tor raising assessments,for notice and hearing and appeals therefram,and inserting in lieu thereof a new section to be numbered Section 94 and to read as follows:
"Section 94. Assessment of Unreturned Property: Raising assessment,Notice and Hearing,Appeals.-When ~ property in the City of Macon has not been returned tor taxation by the tenth day of February,as required by law,it shall be the duty ot the board or tax assessors to assess said property for taxatiQn at its fair market value,adding as a penalty tor failure to make return, ten per cent. of the market value of said property. When any property in the City of Macon bas been returned for taxation at a value which,1n the opinion of the said board of tax-assessors,is lea.s than its fair market value, it shall be the duty of said board to ascertain the fair marke~

1820

JouRNAL oF THE SENATE,

value or said property and to assess it tor taxation at said market value. When any assessment is made as herein provided,it shall be the duty or said board,within ten days after the making of said assessment,to give to the owner or such property notice in writing or said assessment. such notice shall specify the amount or the assessment made,indicate the property assessed,and shall inform the owner that he may be heard on the justness and fairness or said assessmant,and or the time and place or the hearing. Said notice shall be by mail,not registered,to the last Imown address or the owner or such property,and no other notice whatsoever shall be required. Proof or the mailing or said notice shall be conclusive evidence that said notice has been given as required. The notice in any such case shall be considered as given on the day it is mailed. If the owner or any such property tails or refuses to appear either in person or by agent,at the ttme and place designated in said notice,then the assessment as made shall be final.
Any taxpayer,who may,atter a hearing by the Board of tax a~sessors be dissatisfied with the action or said Board on any such hearing,sball have the right to appeal to the Board or Tax Appeals tor the City of Macon,which Board is hereby created to consist or three members who shall be residents or the City or Macon,and shall be owners or real property situate therein.
The said Board shall be constituted and organized within twenty days from the passage and approval of this Act,and the first incumbents or said Board shall be appointed by the Mayor or the City or Macon,with the advice and consent or the Council, to serve until January 1,1936,and until their successors are elected and quality as hereinafter prescribed.
The successors in office or the first appointees shall be elected at the same election during

THURSDAY, MARCH 21, 1935.

1821

the year of 1935 at which the Mayor and Council are elected,and shall hold office for a period of two years beginning January 1,1936,and until their successors are in turn elected and qualified at the election for Mayor and Council to be held during the year 1937,and at each election for Mayor and Council held biennially thereaftec
In the event of the resignation,death,disqual~ fication,or refusal to act of any member or members of said Tax Appeal Board,the vacancy shall be filled by Mayor and Council by appointment, the appointee to possess the necessary qualifications above set forth,and to serve until his successor shall be elected and qualify at the election for Mayor and Council held biennially thereafter.
Per diem compensation to the members of said Boara shall be prescribed by the Mayor and Council of the City of Macon,but shall in no event exceed the sum of Ten Dollars($10.00)per member for each day in which said Board of Tax Appeals is actually in session. The compensation shall not be changed during the term of office of the members.
The City of Macon,or any.taxpayer,may appeal from any return-or assessment to said Board of Tax Appeals by filing,under oath,a writing which separately lists each piece of property involved,together with the valuation at which returned by the taxpayer and the valuation at which assessed by the Board of Tax Assessors for the particular year in question. If said taxpayer is represented by an agent or attorney in fact a written power of attorney or of agency shall accompany the appeal,in the event such appeal is verified by such agent or attorney in fact. Said appeal ~ust be so filed with said Board of Tax Appeals w1th1n ten days from the decision of the Board of Tax Assessors complained of. coSmapildeteBopaordweor:ranTdaxaAutphpoearilstysthoalhlehaarvaen:dfudlel taenrdmine such appeals,and to :finally assess the value

1822

JouRNAL oF THE SENATE,

of the property in question for tax purposes. They shall have power to require the attendance of witnesses and the production of books and papers;and the Mayor and Council of the City of Macon shall be authorized by proper ordinance to punish in the Recorder's Court of the City of Macon any person refusing to so attend and testify or to produce books or papers,when required by the said Board of Tax Appeals.
The said Board of Tax Appeals shall have power to make reasonable rules and regulations concerning the time of hearing such appeals and the method of procedure before them. The Mayor and Board of Aldermen of said City shall prescribe the time when said Board shall convene and the time when the appeals to said Board from tax assessments and returns shall be finallY determined.
If any are-assessments of property are made by the Board of Tax Assessors under the provisions of Section two hereof(Sect1o~ 93 as re-enacted) the taxpayer or and the City of Macon shall have the right to appeal to the Board of Tax Appeals to review such re-assessments,and the action of the Board of Tax Appeals on such appeals shall be final. Such appeals are in lieu of any other appeal.
All appeals from assessments made by the Board of Tax Assessors for 1935 taxes which are now pending before the Mayor and Council of the City of Macon or any of its committees shall immediately be transferred to the Board of Tax Appeals upon its organlzation,and heard and determined by that Board. The action of the Board on such appeals shall be final." SECTION 3 ~ That the provisions of sections 1 and 2 of this Act and of sections 93 and 94 of said Act of August 3,192?,as hereby amended shall become effective from and after the passage and approval of this Act,and shall govern the procedure of all mat-

THURSDAY, MARCH 21, 1935.

1823

ters of taxation subsequentlY arising,including the assessment of property for taxation for the year 1935,whether such matters relate to original returns and/or assess.ments,or to re-assessments of properties returned and/or assessed since January 1,1929, provided that such re-assessment be made within seven years.

SECTION 4. If any section or portion of this Act shall be declared unconstitutional or invalid for any reason,the remaining portion or sections hereof shall not be affected.

SECTION 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The camm1ttee offered the following amendment to the Committee Substitute:

By striking the figure "Ten" in the t~ltth line, seventh paragraph of section two thereof and substituting therefor the figure "Twenty" so that the last sentence in said paragraph shall read as follows: Said appeal must be tiled with said Board of Tax Appeals within Twenty Days from the decision ot the Board of Tax Assessors complained ot.

The amendment to the substitute was adopted.

The substitute,as amended,was adopted.

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

On the passage ed,the ayes were

3o2f ,nthaeysboi.ll,by

substitute

as

amend-

The bill,by substitute as amended,having received the requisite constitutional majority,was passed.

By Mr.Sutton or WilkesHouse Bill No.969. A Bill to be entitled an Act tQ

1824

JouRNAL oF THE SENATE,

amend the Charter of the City of washington,Georgia; and for other purposes.
The report of the comm1ttee,wh1ch was favorable to the passage of the bill,was agreed to.
on the passage of the bill the ayes were 30,nays o.

The bill having received the requisite Constitutional majority,was passed. By Mr.Edwards of Stephens-
House Bill No.971. A Bill to be entitled an Act to amend the Charter of the Town of Martin,in Stephens County;and for other purposes.
The report or the camm1ttee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 29 ,nays o.

The bill having received the requisite Constitutional majority,was passed. By Messrs.Hartsfield,Ramsey and Almand of Fulton-
House Bill No.972. A Bill to be entitled an Act to provide that enforcement and collection of executions issued for taxes by any County or Municipality in any County having a population of 200,000 or more shall not be defeated because. of m1stakes;and for other purposes.
The report or the camn1ttee,wh1ch was favorable to the passage of the b1ll,was agreed to.
on the passage of the bill the ayes were 33,nays o.

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

THURSDAY, MARCH 21, 1935.

1825

By Mr.Holland of ChattoogaHouse Resolution No.l23-605-B. A Resolution pro-
posing to the qualified voters of Georgia an amendment to Article VII,Section VII,Paragraph I of the Constitution of Georgia,so as to authorize Cbattooga 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 said loans are made ;and for other purposes.
Be it resolved by the General Assembly of Georgia: Section 1. That Article VII,Section VII,Paragraph I, of the Constitution of Georgia,which has heretofore been amended,shall be further amended by adding at the end thereof a new paragraph in the following words,to wit: "And except that Chattooga 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 )f 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 meeting 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. That when said amendment shall be agreed to by two-thirds vote of the members elected to each House,it shall be entered upon the journal of each House,with the "ayes" and "nays" thereon,and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election and shall,at the next general election,be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed

1826

JouRNAL OF THE SENATE,

amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment to Article VII,Section VII,Paragraph I, of the Constitution,authorizing Chattooga 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 ln elections for members of the General Assembly, the said amendment shall become a part of Article VII,Section VII,Paragraph I 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 adopted by the qualified voters of the State,authorizing all that is authorized by this amendment.

The report of the comm1ttee,wh1ch was favorable to the passage or the resolution,was agreed to.

On the passage or the resolutiqn,it being a proposed Constitutional amendment,the roll was called and the vote was as follows:

Those vot:t;ng in the a!finnative were Senators:

Almon Atkinson Beasley Cannon carrington Chappell Clark Cooper Crawford Dennis Duncan Edenfield Evans Gary Gaskins Goodwin

Harden

.McLeod

Hart

McWhorter

Holt

M1lholl1n

Johnson of the Millican

31st

Ragan

Johnston or the Rawlins

39th

Rucker

Jones

Scott

Kiker

S~ons

King

Skelton

Kirkland

Smith

Lancaster

Strickland

Larsen

Vaughn

Lester

Wright

McGehee

DuPree

McGinty

THURSDAY, MARCH 21, 1935.

1827

Verification of the roll call was dispensed with.
The ayes were 45,nays o.

The Resolution having received the requisite twothirds Constitutional majority, was passed.

By Mr.Flynt of SpaldingHouse Resolution No.l53-684-B. A Resolution to re-
lieve J.R.Thamas as surety on the bond of W.L.Coley in the City Court of Griffin.

The report of the cammittee,which was favorable to the passage of the resolution,was agreed to.

On nays

oth.e

passage

of

the

resolution

the

ayes

were

30,

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

The follow1ngsenate Resolution was read and adopted by a unanimous rising vote:

By Senators Atkinson of the lst,Beasley of the 2nd,

Strickland of the 3rd,Edenfield of the 4th,D1ckerson.

of the 5th,Gask1ns of the 6th,Scott of the 7th,

Stmmons of the 8th,McLeod of the 9th,Lancast~r of the

lOth,King of the llth,Gary of the 12th,Chappell of

the 13th,Ragan of the 14th,Pope of the 15th,Larsen of

the 16th,Jones of the 17tn,Lester of the l8th,Mc-

Whorter of the 19th,Goodw1n of the 20th,DuPree of the

2lst,Cooper of the 22nd,Duncan of the 23rd,Sm1th of

the 24th,McGehee of the Dennis of the 28th,Evan

25t s of

h,Carrtngton the 29th,Sk

of elto

th n

e.27t of th

eh1

30thL~ohnson of the 3lst,Turner of the 32nd,Thomas of

the ~rd, Vaughn of the 34th,Millican of the 35th,Hart

of the 36th,Almon of the 37th,Wright of the 38th,

Johnston of the 39th,Cannon of the 40th,Kiker of the

4lst,Crawtord of the 42nd,McGinty of the 43rd,Clark

of the 44th,Ra.wlins o:r the 45th,Milholl1n of the 46th,

Harden of the 47th,Holt of tbe 48th,Kirkland of the

49th,Rucker of the 50th and Darden o:r the 51st-

Senate Resolution No.ll4.

1828

JouRNAL OF THE SENATE,

A RESOLUTION

WHEREAS,the session of the General Assembly of l935,is drawing to a close;and,

WHEREAS,during its entire session the President of the Senate,the Honorable Charles D.Redwine,has presided over the deliberations of this body with outstanding ability,with dignity in keeping with the sovereignty of a great State,w1th absolute fairness and 1mpartiality,and with uniform courtesy and kindness to all Senators;and

~,his able and efficient services as President of the Senate have made it possible for this Body to dispatch its business with promptness,but in an orderly manner and with that measure of deliberation.so essential to the welfare of the people of the State;and,

WHEREAS,his sound discretion,conservative judgment, and unsurpassed knowledge of the affairs of the State,have permeated all of his rulings,and materially contributed to the accomplishments of the General Assembly during its present session;and,

WHEREAS,his outstanding services as President of the Senate merit the approbation of the people of Georgia,and his kindness,courtesy,and gentlemanly conduct have endeared him to the Members of this Body;

THEREFORE, BE IT RESOLVED BY THE SENATE,

That the senate does hereby express to the Honorable Charles D.Redwine the grateful appreciation of this Body as a whole,and of its individual members, for his faithful,efficient,untirtng,able and loyal services to the senate and to the people of Georgia during the present session.

upoRnESOthLeVEJDo,FuUrRnTaHlERo1r

t

bat the

tbis resolution Senate,and that

be entered a copy,

suitably engrossed,be delivered to Mr.Redwine.

THURSDAY, MARCH 21, 1935.

1829

On the motion ot Senator Lester of the 18th District,Chairman of the Committee on Appropriations, the following bill or the House was called up tor consideration:

By Mr.Culpepper of FayetteHouse Bill No.240. A Bill to be entitled an Act to
make appropriations for the operation of the State Government,for the support of its Eleemosynary Institutions,for aid to the University System,and to the Cammon Schools ot the State;and tor other purposes.

The camm1ttee offered the following amendments:

SECTION 1. ITEM (a)

Committee moves House Bill No.240

to by

amend section l,Item striking the figures

$(a2)0oo,oroo.oo

tor each of the ~ears 1936 and 1937 and substi~uting

in lieu thereof An amount equal to 97% of the sum

ot the fees collected by the department from ferti-

lizer inspection fees,feed inspection fees,and all

other fees collected by the department."

SECTION 1 Camm1ttee moves to amend Section 1 or House Bill
No.240 by adding at the end ot said Section another item to be lettered (b) to read as follows:
"(b) For screw wor.m work in cooperation with the Federal Government,$100,000.00 for the year 1936.
Provided,that $50,000.00 ot the amount appropriated tor year 1936 shall be tmmediatelY available."

SECCToImONmi2tte1eITEmMov(ae)s to amend Section 2, Item (a) ot

House Bill No.240 by strking the figures $65,000.00

tor each of the years 1936 and 1937 and substituting

in lieu thereof the figures the years 1936 and 1937.

$88 1 000.00

for

each

of

SECTION 4, ITEM(a) Committee moves to amend Section 4,Item (a) of
House-Bill No.240 by striking the item in its en-

1830

JouRNAL OF THE SENATE,

tirety with the provisions thereon and substituting in lieu thereof the following:
"(a) For the operating cost or the department $133,000.00 tor year 1936 and $133,000.00 tor year 1937.
Provided, that tram the above amount appropriated there shall be expended the necessary amounts to carry out the entire duties ot the department,with the exception or the expense incurred by the administration and collection ot the Motor Carriers Tax Act. Provided,that $60,000.00 ot the tax on. Motor Fuels tor each ot the years 1936 and 1937 is hereby allocated to the General Fund to reimburse said fund tor operating cost or the Bureau or Fuel Oil Inspection provided tor in this Item. SECTION 4 Committee moves to amend Section 4 or House Bill No.240 by adding immediately atter the main item (a) and precea1ng the tirst proviso ot said Section a new Item to be known as Item (b) to read as follows: "(b) For Motor Fuel and Kerosene Tax Collection to be expended as provided tor 1n House Bill No.240. For each or the years 1936 and 1937 1/4 or 1% or . all monies received tram Motor Fuel and/or Kerosene Taxes" Provided that this Item (b) shall also become operative tor 1935 :lmmediately upon passage or this Act." SECTION 5,ITEM(a) Camntttee moves to amend Section 5,Item (a) ot House Bill No.240 by striking in its entirety the first provision under said item which reads as follows: "Provided,that the appropriation herein made

THURSDAY, MARCH 21, 1935.

1831

shall not be subject to the provisions or Section 26 ot this Act."

SECTION S,ITEM(c) Cammittee_moves to amend Section S,Item (c) or
House Bill No.240 by striking the language or the item inits entirety and substituting in lieu thereof the following:

"(c) Any revenue derived from sale or alcoholic beverages shall be immediately available tor the common schools and shall be in addition to the amount in paragraph (a) or this Section.

Provided,turther,that the revenue derived tram tax on sale or beer shall be allotted by the State Board of Education during the years 1935 and 1936 tor the purpose or the purchase or tree school books tor the children or the elementary grades or the public schools and such purpose is hereby declared to be in and tor the support or the common schools."

SECTION 7 The committee moves to amend Section 7 or House
Bill No.240 by making a new item (b) under said Section to read as follows:

"(b) For Alexander H. Stephens Memorial Park, $~Lsoo.oo tor year 1936 and $2,500.00 tor year
1~7."

SECTION 7

Committee moves to amend Section 7 or House Bill

No.240 by adding at the end or said Section another

item to be lettered (c) to read as follows:

-

"(c) For printing reports or special investigations on certain mineral resources of Georgia, $2,500.00 tor the year 1936."

SECTION 9,ITEM(c) Committee moves to amend Section 9,Item(c) of
House Bill No. 240 by striking the item in its entirety.

1832

JouRNAL OF THE SENATE,

SECTION 9 Committee moves to amend Section 9 or House Bill
No.240 by adding a new item at the end or said section to be lmown as Item (c) and to read as follows:

"(c) The Director or Employment tor support or Employment Service $105,000.00 tor the year 1936 and $70,000.00 tor the year 1937.

Provided,that $35,000.00 or the amount appro-

priated for the year 1936 shall be immediatelY

available."



SECTION 9 Committee moves to amend Section 9 or House Bill
No.240 by adding a new item at the end or said Section to be lmown as Item (d) and to read as follows:

"(d) For the purchase and distribution or the Code or 1933 in accordance with Section 101-207 ot the Code of 1933,$29,250.00 for year 1936.

Provided,that the $29,250.00 appropriated tor 1936 shall be ~ediately available."

SECCToImONmi1tt2ee1

ITEM(a) moves

t

o

amend

Section

12,Item

(a)

or

House Bill No.240 by striking the figures $30,000.00

tor each or the years 1936 and 1937 and substituting

in lieu thereof the figures $35,000.00 tor each or

the years 1936 and 1937.

SECTION 13,ITEM(a) Committee moves to amend section 13,Item(a) or
House Bill No.240 by striking the Item and the provisions thereunder in their entirety and substituting in lieu thereof the following:

$"B(aL)ooFoo.orothtoe roypeearrat1in9g36caonsdt

or the department $a,ooo.oo tor year

19~7.

Provided,that the salary or the State Librarian shall be $2,400.00 per annum,and the tees

THURSDAY, MARCH 21, 1935.

1833

for commissioning Notaries Public shall be paid into the General Fund of the State Treasury.

(a-1) For the purchase of new books and publications $5,000.00 for year 1936 and $5,000.00 for year 193'7."

SECTION 15,ITEM(b)

.

Committee moves to amend section 15,Item(b) ot

House Bill No.240 by striking the Item and provi-

s1ans 1n their entirety and substituting in lieu

thereof the following:

"(b) For the expenses when necessary in performing the duties set out in Chapter 86-13 and 86-14 of the Code of 1933,$50,000.00 for year 1936 and $5o,ooo.oo for year 193'7.

Provided,tbat if the occasion arises,the appropriations made in this item shall be 1mmediately available and that any unused part of the appropriations under this item shall lapse and revert to the General Fund of the State Treasury at the end of the year for which appropriated."

SECTION l'l,ITEMS (b) and (c) Committee moves to amend Section 17,Items(b) and
(c) of House Bill No.240 by striking the two items in their entirety and substituting in lieu thereof items as follows:

"(b) For the operating cost of the prison farm in Baldwin County $80,000.00 for each of the years 1936 and 1937.

(c) For the operating cost of the prison farm in Tattnall Count{ $20,000.00 for each of the years 1936 and 1937.

SECTION 18,ITD1 (a) Committee moves to amend Section 18,Item(a) of
House Bill No.240 by striking the amount of $150,ooo.oo for each of the years 1936 and 1937 and sub-

1834

JouRNAL oF THE SENATE,

stituting in lieu thereof the amount or $125,000.00 tor each of the years 1936 and 1937.

SECTION 18,ITEM(b) Committee moves to amend Section 18,Item(b) or
House Bill No.240 by striking the itemin its entirety.

SECTION 2l,ITEM(a) Committee moves to amend Section 2l,Item(a) or
House Bill No.240 by striking the figures $25,000.00 tor each or the years 1936 and 1937 and substituting in lieu thereof the figures $30,000.00 tor each or the years 1936 and 1937.

SECTION 22,ITEM (i) Committee moves to amend Section 22,Item (i) or
House Bill No.240 by striking the figures ~,ooo.oo tor the year 1937 and substituting in lieu thereof
othoeo.ofoigutorersth$e16y,0e0a0r .010937toarndthebyyaedadrin1g936thaendfol$l2o1w7i-ng
proviso:

"Providedithat the $16,000.00 appropriated tor 1936 shal be ~ediatelY available-tor the printing and distribution or the 1935 Acts and Journals of the General Assembly.

SECTION 23,rrEM(a) Committee moves to amend Section 23,Item(a) or
House Bill No.240 by striking the period at the end ot the last sentence of said item and inserting in lieu thereof a semicolon and the words "and atter the payment or all pension clatmsi$9,500.00 ot such surplus may be used tor additiona operating cost ot the veterans Service Ofti~e for the year 1935."

SECTION 24,ITEM(a)

Committee moves to amend Section 24,Item(a) ot

oHooou.soeoBtiolrl

No.240 by striking the figures $1,800,the year 1936 and $1,750,000.00 tor the

year 1937 and substituting in lieu thereof $1,648,-

000.00 tor the year 1936 and $1,500,000.00 tor the

year 1937.

THURSDAY, MARCH 21, 1935.

1835

SECTION 25,ITEM(a)

Committee moves to amend Section 25,Item(a) ot

oHooou.soeoBtiolrl

No.240 by striking the each or the years 1936

figures $1,343,and 1937 and sub-

stituting in lieu thereof the figures $1,300,000.00

tor each or the years 1936 and 1937.

SECTION 25,ITEM(a) Committee moves to amend Section 25 Item(a) ot
House Bill No.240 by striking the last proviso ot said item and substituting in lieu thereof the following:

8 Provided,that all tuition,matriculation fees and proceeds or the sale or personalty remitted to the State Treasurer are hereby appropriated for the year 1935 to the branch or division or the University System at which they originate.

Provided,however,that the entire amount herein appropriated shall be used exclusi-vely for the payment ot salaries,transportation and travel expenses and r or the maintenance and upkeep of buildings am property,and tor -Other CUITent o p e r a t i o n s . 11

SECTION 26 Committee moves to amend Section 26 ot House Bill
No.240 by striking the wording of the Section in its entirety and substituting in lieu thereof the following:

"In the event that the tunds available for paying the fixed sum appropriations herein made should be less than the total sum or such appropriation in either or the periods covered under this Act, then such appropriations shall be redUced pro ra~ in the amount ot such deticiency,provided, however,tbat the sums appropriated tor the interest on public debt,and ror the judicial and legislative branches of the government shall not be affected by the provisions or this Section.

The sums so stricken under the provisions or

1836

JouRNAL oF THE SENATE,

this Section are hereby declared annulled,and the sums remaining after the application of the provisions of this Section shall be the appropriations for the purposes named in lieu of the amounts set out in this Act.u

SECTION 27 Committee moves to amend Section 27 of House Bill
No.240 by adding at the end of said Section the following:

"Provided,further,that nothing herein shall applY to the allocations made by law in the Motor Ca:i-riers Tax Act.u

SECTION 28-A Committee moves to amend Section 28-A of House
Bill No.240 by striking the Section in its entire~

The committee amendments were adopted.

An amendment by Senator Evans of the 29th District was lost.

The report of the comm1ttee,which was favorable to the passage of the bill,as amended,was agreed to.

On the passage of the bill,as amended,the roll was called and the vote was as follows:
Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon carrington Chappell Clark Cooper Crawford Darden Dennis Dickerson DuPree Edenfield
Evans

Gary

McLeod

Gaskins

McWhorter

Goodwin

Milhollin

Harden

Millican

Hart

Ragan

Holt

Rawlins

Johnston of the Rucker

39th

Scott

Jones

Simmons

Kiker

Smith

King

Strickland

Kirkland

Thoma~

Lancaster

vaughn

Larsen

Wright

Lester

THURSDAY, MARCH 21, 1935.

1837

Voting in the negative was senator: McGehee
Verification of the roll call was dispensed with. The ayes were 43, nays 1.

The bill havingreceived the requi&ite Constitutional majority,was passed.

Not voting were: senators Duncan of the 23rd. Distr1ct,Johnson of the 31st D1strict,McG1nty of the 43rd D1str1ct,Pope of the 15th D1strict,skelton ot the 30th District and Turner of the 32nd District.

Senator Lester of the 18th District asked unanimous consent that House Bill No.240 be tmmediatelY transmitted to the House and consent was granted.

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

By Mr.Jones of LumpkinHouse Bill No.573. A Bill to be entitled an Act to
appropriate to the Regents ot the University System of Georgia,out of ~ppropriated tunds,$1,000,000; to be used for erecting necessary structures;and tor other purposes.

Senator Lester of the 18th District moved the previous question and the motion prevailed.

The report ot the comm1ttee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Bcaenansoleny CChararpipnegltlon Clark

cooper CraWford
=EDDDuaiPecrrndkeredeYnresoldn

Gaskins
Goodwin Harden Hart JHoohlnt ston of the 39th

1838

JouRNAL oF THE SENATE,

Kiker King Kirkland Larsen Lester McLeod McWhorter

Mllholl1n Millican
~gan
Rawlins Rucker Scott Simmons

Skelton Strickland Thomas
vaughn
Wright

Those voting in the negative were senators:

Jones McGehee

McGinty

Smith

Verification o! the roll call was dispensed with.

The ayes were 40.nays 4.

The bill having received the requisite Constitutional major!ty.was passed.

Not voting were: Senators Dennis of the 28th D1strict,Duncan of the 23rd D1str1ct,JohBson of the 31st District,Lancaster of the lOth District,Pope or the 15th District and Turner o! the 32nd District.

senator Lester of the 18th District asked that the bill be immediately transmitted to the House and consent was granted.

By Messrs .Edwards and Coleman of LowndesHouse Bill No.209. A Bill to be entitled an Act
to amend that certain Act adopted and approved March 1.1933,amend1ng the Constitution of the State ot Georgia,so as to authorize the governing or fiscal authorities; and tor other purposes.

The report of the cammittee.wh1ch was favorable to the passage ot the b1ll,was agreed to.

nayosn -toh:e passage ot the bill the ayes were 29,

The bill having received the l"equis1te Constitutional majority,was passed.

Senator Evans of the 29th District moved that House

THURSDAY, MARCH 21, 1935.

1839

Bill No.612,a bill relative to granting certain forest lands to the U.S.Government,be indefinitelY postponed.

The motion was lost.

Senator Lester of the 18th District moved that further consideration of House Bill No.612 be deferred.

The motion prevailed.

Senator Atkinson ot the 1st District asked unanimous consent that further consideration of House Resolution No .31 be deferred and consent was granted.

The following resolution of the House was read third time and put upon its passage:

By Messrs.Lindsa.y,Ansley and Guess of DeKalbHouse Resolution No.21-77-A. A Resolution to pay
deferred pension of $1200.00 for years 1919 to 1924, inclusive,to Mrs.Eliza L.Beasley.

Senator Vaughn of the 34th District offered the following amendment:

By striking in its entirety all of the resolution after Paragraph 1 of Section 2.

The amendment was adopted.

The report of the camnittee,which was favorable to the passage of the resolution,as amended,wa.s agreed to.

On the passage of the resolution,as amended,it
involving an appropriat1on,the roll was called and
the vote was as follows:

Those vot~ng in the affirmative were Senators:

Atkinson Beasley Carrington Clark Cooper

Crawford Darden Duncan Edenfield Evans

Gaskins Goodwtn Harden
Hart
Holt

1840

JouRNAL OF THE SENATE,

Johnston ot the 39th Jones Kiker Kirkland

Larsen McLeod Millican
Ragan

Rucker Scott Sinmons Vaughn

Those voting in the negative were Senators:

Chappell

Gary'

McGehee

DuPree

King

Skelton

Veritication.ot the roll call was dispensed with.

The ayes were 2:1,nays 6.

The resolution,as amended,baving received tbe requisite constituti-onal majority,was passed.

Not voting were: sena.tors Almon ot the 37th District,cannon ot the 40th District,Dennis ot the 28th District,Dickerson ot the 5th District,Johnson ot the 31st District,Lancaster ot the lOth District, Lester ot the 18th District,MCGinty ot the 43rd District,McWhorter ot the 19th District Mllhollin ot the 46th District,Pope ot the 15th nistrict,Rawlins ot the 45th District,Sm1th ot the 24th District,. Strickland ot the 3rd Dlstrict,Thamas ot the 33rd District,Turner ot the 32nd District and Wright ot . the 38th District.

The President announced as a Conterence Committee on the part ot the senate to conter with the like Camntttee ot the House on House Bill No.90,known as the Beer Bill, the following members ot the Senate to wit:

senators Cooper or the 22nd District, Kirkland ot the 49th District,and Johnston ot the 39th District.

The hour ot adjournment having arr1ved,the President announced that the Senate stood adjourned until 2 o'clock P.M.

AFI'ERNOON SESSION The President Pro Tem.called the Senate to order.

THURSDAY, MARCH 21, 1935.

1841

The Rules Committee fixed the following order or business tor the remainder ot todayts session:
1. Reports ot Standing Comm1ttees. 2. second reading ot bills favorably reported. 3. First reading ot bills tor reference. 4. General House Bills in order as follows:
House Bill No.745. House Bill No.l70. House Bill No.207. House Bill No.243. House Bill No.439. House Bill No.359. House Bill No.925. House Bill No.464. House Bill No.491. House Bill No.747. House Bill No.361. House Bill No.220. House Bill No.643. House Bill No.7bl. House Bill No.733. The following message was received tram the House through Mr.Kingery,the Clerk thereof. Mr.President: The House has disagreed to the Senate Amendment to the following b111 ot the House,to w1t: BY Mr.Oden ot PierceHouse Bill No.620. A Bill to be entitled an act to appropriate titty thousand dollars tor use in cambatti~ .tbe screw-worm 1n Georgia;and tor other purposes. The Speaker has appointed as a Committee ot Conterence to conter with a like Camn1ttee tram the senate, the following members ot the House: Messrs.Lindsay ot DeKalb;Parker ot Colquitt and Standard ot Wilcox.

1842

JouRNAL or THE SENATE,

The following, message was received from the House through Hr.Kingery,the Clerk thereot: Mr.President:
The House has passed by the requisite Constitutional ma.j ority the following bill of the House, to wit: By Messrs .Booth of Barrow and Preston or Bulloch-
Hause Bill No.960. A Bill to be entitled an Act
to authorize,empower and direct the Highway Depart-
ment of the State of Georgia to pave certain roads and drives on the campus or the University or Georgia in Athens;and tor other purposes.
The following message was received tram the House through Mr.Kingery,the Clerk thereot: Mr.President:
The House bas passed by the requisite Constitut_ional majority the following bills of the House, to wit: By Mr.Edwards of Stephens-
House Bill No.982. A Bill to be entitled an Act to increase the mileage of the State-Aid System of Roads by the addition thereto or a road in Stephens County;and for other purposes. By Mr.Teasley o:r Cherokee-
House Bill No.984. A Bill to be entitled an Act to change the time or holding the February tenn of the Superior Court of Cherokee County rrom the 4th Monday 1n February of each year to the 2nd Monday 1n March. By Messrs.Hammock of Randolph and Smith or Webster-
House Bill No.986. A Bill to be entitled an Act to amend Neill-Traylor Act by adding a road in Webster and Randolph Counties;and :ror ~tber purposes. By Mr. Ross of Dodge-
House Bill No.987. A Bill to be entitled an Act to

THURSDAY, MARCH 21, 1935.

1843

amend section 808 of the Penal Code of 1910 tor appointment of special cr~1nal bailiffs in counties having more than 20,000 population;and tor other purposes. By Messrs.Mitchell of Lamar and Brown ot Pike-
House Bill No.990. A Bill to be entitled an Act to increase the State Aid System ot Public Roads or Highways by the addition of a road from Route No.7, at Milner,in Lamar County,to Route No.lS,about three miles East of Zebulon,in Pike County;and for other purposes.
The ~ollow1ng message was received from the House through Mr.Kingery,the Clerk thereot: Mr.Pres1dent:
The House bas passed by the 'requisite constitutional maJority the following Bills of the House to wit: By Messrs.Lanier and Harris ot Richmond-
House Bill No~241. A Bill to be entitled an Act to declare slot machines and other gambling devices as contraband;and tor other purposes. By Mr.Brooks ot Jackson:
House Bill No.988. A Bill to be entitled an Act to amend an Act of the General Assembly establish1D.g the City Court of Jetferson,in and tor the County of Jetferson;and for other purposes.
Mr.Vaughn of the 34th District,C~1rman ot the Camnittee on Special Judiciary,submitted.the tollowing report: Mr.President:
Your Commlttee on Special Judiciary have bad under consideration the 'lolloWlng Bills of the House and have instructed me as Chairman,to report the same back to the senate with the following recommendations:

1844

JouRNAL oF THE SENATE,

House Bill No. 9'73, do pass. House Bill No.959,do pass.
Respectfully submitted, Vaughn or 34th District, Chairman.
Mr.Clark or the 44th District,Chairman or the CaDmittee on Counties and County Ma.tters,subm1tted the following report: Mr.President:
Your Committee on Counties and county Ma.tteTS have had under consideration the following Bill or the House and have instructed me as Chairman, to report the same back to the Senate with the following recomm.endatlon:
House Bill No.90l,do pass. Respectfully submitted, Clark or 44th District, Chairman.
Mr.Skelton or the 30th District,Chairman or the Committee on General Judiciary No.l,submitted the following report: Mr.President:
Your Committee on General Judiciary No.1 have had under consideration the following Bills or the House and have instructed me as Cha.1nnan, to report the same back to the Senate with the following recommendations:
House Bill No.650,do pass,by substitute. House Bill No.485,do pass.
Respectfully submitted, Skelton or 30th District, Cbainnan.

THURSDAY, MARCH 21, 1935.

1845

Mr.Beasley of the 2nd District,Chair.man of the Committee on Highways and Public Roads,submitted the following report:

Mr.President:

Your Committee on Highways and Public Roads have

bad under consideration the following Bills of the

House and have the same back t

instru o the

cSteendatme ewaist hCtbha1ermfoa.lnl1otwoinrge

port rec

-

ommendations:

House Bill No.964,do pass. House Bill No.965,do pass. House Bill No.980,do pass. House Bill No.525,do pass. House Bill No.884,do pass. House Bill No.952,do pass. House Bill No.958,do pass.

RespectfullY submitted, Beasley of 2nd District, Chainnan.

Mr.Darden of the 51st District,Chair.man of the Committee on State of Republic,subm1tted the following report:

Mr.President:

Your Comm.ittee on State of Republic have bad under consideration the following Bills and Resolutions of the House and have instructed me as Cbair.man,to report the same back to the Senate with the following recommendations:

House Resolution No.223-964-B,do pass. House Resolution No.218-932-A,do pass. House Bill No.968,do pass. House Bill No.l89,do pass. House Resolution No.232-978-B,do pass.

Respectfully submitted, Darden of 51st District, Chairman.

1846

JouRNAL oF THE SENATE,

Mr.Cooper of the 22nd District,Cbair.man 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 Cbairma.n,to report the same back to the Senate with the following reco~ mendations:

House Bill No.98l,do pass. House Bill No.976,do pass. House Bill No.966,do pass.

RespectfullY submitted, Cooper of 22nd District, Chairman.

Mr.Skelton of the 30th District,Cbairman of the Committee on General Judiciary No.l,submitted the following report:

Mr.President:

Your Committee on General Judiciary No.1 have bad

under consideration the following Bill of the House

and have instructed me as Chairman, to report the

same back to the Senate with the following recom-

mendation:



House Bill No.875,do pass,as amended.

RespectfullY submitted, Skelton of 30th District, Chair.man.

Mr.Evans of the 29th D1str1ct,Cha1rman of the

Committee on Banks and Bank1ng,subm1tted the fol-

lowing report:



Hr.Pres1dent: Your Camm1ttee on Banks and Banking have had under

THURSDAY, MARCH 21, 1935.

1847

consideration the following Bill or the House and have instructed me as Chairman to report the same back to the senate with the roilowing recommendation:

House Bill No.297,do pass.

Respectfully submitted, Evans or 29th District, Chairman.

Mr.Rawlins or the 45th District,Chairman or the Committee on Motor Vehicles,submitted tne following report:

Mr.President:

Your Camni ttee on Motor Vehicles have bad under

conpideration the following Bill ot the House and

have instructed me as Chairman,to report the same

back to the. Senate with the following recamnenda-

tion:



House Bill No.440,do pass.

Respectfully submitted, Rawlins of 45th District, Chairman.

Mr.Beasley ot the 2nd District,Chair.man ot the Ca&mittee on Highways and Public Roads,submitted the following report:

Mr.President:

Your Committee on Highways and Public Roads have had under consideration the following Bill ot the House and have instructed me as Chairman,to report the same back to the senate w1th the following recommenoatron:

House Bill No.982,do pass.
RespectfullY submitted, Beasley or 2nd District, Chairman.

1848

JouRNAL oF THE SENATE,

Hr.S~ons Qf the 8th District,Chairman of the Committee on Finance,submitted the following report:

Hr.President:

Your Camm1ttee on Finance have had under consideration the following Bill of the House and have in- structed me as Chairman to report the same back to the Senate with the following recommendation: .

House Bill No.724,do pass.

RespectfullY submitted, Stmmons of 8th District, Chairman.

Mr.Vaughn of the 34th Distrtct.Chair.man of the Committee on Special Judiciary,submitted the following report:

Hr.Pres1<ient:_

Your COmmittee on Special Judiciary have had under consideration the following Bill of the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:

House Bill No.919,do pass.

.

.

RespectfullY sul:mitted, vaughn of 34th District, Chairman.

The following bills of the House ,favorablY re-

ported by committees,were read the second time:

-. .

.

By, Messrs .sabados and Durden o:r Dougb.erty-

,House Bill No.l89. A Bill to exclude !rom partic-

ipation in political primaries candidates o:r political party whi~h. advocate the over-throw of the national Government;and for other purposes.

THURSDAY, MARCH 21, 1935.

1849

By Mr.Allen of BaldwinHouse Bill No.297. A Bill to amend the Act provid-
ing that deposits insured by Federal Deposits Insurance Corporations need not be secured by deposits of security;and for other purposes. By Messrs.Guess of DeKalb,Arnall or Coweta and Culpepper of Fayette-
House Bill No.440. A Bill to provide for bail and security in cases involving a violation of the Motor Vehicles Laws;and for other purposes. By Mr.Harris of Richmond-
House Bill No.485. A Bill to amend the Code or Georgia so as to authorize the ordinary to make allowances to administrators;and for other purposes. By Mr.Campbell of Newton-
House Bill No.525. A Bill to regulate parking inotor vehicles and other vehicles on State Aid Roads; and for other purposes. By Messrs.Rivers of Lanier,Townsend of Dade and Head of Catoosa-
House Bill No.65Q. A Bill to prohibit the sale of real estate under execution;and for other purposes. By Mr.Gra.yson of Chatham-
House Bill No.875. A Bill to amend the Code or 1933 by enacting a new section in lieu of Section 29-30l;and for other purposes. By Messrs.Parker or Union,Hampton of Farinin,and Jones of Lumpkin-
House Bill No.884. A Bill to amend the Act entitled Highway Mileage by adding a road in LUmpkin,Fannin and Union Counties;and tor other purposes. By Mr.Darnell or Pickens-
House Bill No.901. A Bill to repeal an Act creating the office of Commissioner of Roads and Revenues of Pickens county;and for other purposes. By Messrs.Leonard and Sartain of Walker-
House Bill No.952. A Bill to increase the mileage

1850

JouRNAL oF THE SENATE,

of the State Aid System of Roads in Walker coun:ty; and for other purposes. By Mr.Holland. of Chattooga.-
House Bill No.958. A Bill to increase the State Aid System of Roads by addition of a road in Chattooga. County;and for other purposes. By Messrs.Hartsfield,Ramsey and Almand of Fulton-
House Bill No.959. A Bill to amend an Act approved August 13,1924 and entitled "An Act to prescribe additional duties for Coroners in certain counties;and for other purposes. By Mr.Parker ot Union-
House Bill No. 964. A Bill to increase the mileage ot the State Aid Road System by the addition of a road in Union County;and for other purposes. By Messrs .Freeman of Early and Johnson ot Seminole-
House Bill No.965. A Bill to increase the mileage of the State Aid Road System by the addition of a road in Early and Seminole Counties;and tor other purposes. By Messrs.Harris,Lanier and Barrett of Richmond-
House Bill No.966. A Bill to amend the Act abolishing Justice Courts,Justice ot Peace and Constable in the City ot Augu~ta;and for other purposes. By Mr.Johnston ot Upson-
House Bill No.968. A Bill to regulate target shooting in certain counties;and tor other purposes. By Mr. Teasley ot Cherokee-
House Bill No.973. A Bill. to fix compensation ot the Sher1tt or Cherokee County;and tor other purposes. By Mr.Martin ot Jeff Davis-
House Bill No.9?6. A Bill to amend an Act creating a new charter for Hazlehurst;and for other purposes; By Mr.Hand of Mitchell-
House Bill No.980. A Bill to increase the Sta~ Aid

THURSDAY, MARCH 21, 1935.

1851

System ot Roads by the addition ot a road tram Pelham in Mitchell County to Spence in Grady County;and tor other purposes.

By Mr.Woods ot Emanuel- . House Bill No.981. A Bill to amend an Act entitled
an Act to incorporate the town ot Twin City in the County of Emanuel;and for other purposes.

By Messrs.Harris,Lanier and Barrett of RichmondHouse Bill No.919. A Bill to provide that the Solic-
itor General ot Augusta Circuit shall have power to appoint an assistant tor the purpose of prosecuting misdemeanor cases;and for other purposes.

The following resolutions ot the House,favorablY reported by cammittees,were read the second time:

By Mr.Jackson of BleckleyHouse Resolution No.218-926-A. A Resolution re-
lieving W.D.Porter and his bondsmen tram any obligation whatever upon the bond given by them to the State ot Georgia for the year 1928;and for other purposes.

By Mr.McCutchen of WhitfieldHouse Resolution No.223-964-B. A Resolution to re-
lieve E.P.Pangle as surety on the bond of George Roach to be before the Superior Court of ~ittield County;and for other purposes.

By Mr .Adams of FranklinHouse Resolution No.232-978-B. A Resolution to re-
lieve W.G.Brock and John Bryant from bond forfeiture in Franklin County;and tor other purposes.

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

By Messrs. Lindsay,Guess and Ansley ot DeKalb-

orHaonuysevBehiilclleNoe.5q9u.ipApeBd

ill to prevent th
with a siren or

e operation
other horns

which 1s commonly used tor emergency purposes,ex-

1852

JouRNAL OF THE SENATE,

cept ambulance,tire,police,and Sheriffs automobile;

and tor other purposes.

.

Committee on Motor Vehicles.

By Mr.Weeks or ColumbiaHouse Bill No.253. A Bill to prohibit the organi-
zation ot the operation or a nudist colony;and tor other purposes.

Committee on State ot Republic.

By Mr.Terrell or warrenHouse Bill No.261. A Bill to amend the Code ot
Georiia 1933 by striking the words "as clerk,and no more ,and insert therein the words "during said vacancy";and tor other purposes.

Committee on Special Judiciary. By Messrs.coxon ot Long,Ramsey or Fulton,and others-
House Bill No.313. A Bill to authorize the creation ot a board or Public Welfare in each county o! the State;and tor other purposes.
Committee on S~te or Republic. By Mr. Reagan ot Henry-
House Bill No.320. A Bill amending the Civil Code ot Georgia relating to records to be made by purchasers o! seed cotton;and !or other purposes.

Committee on Agriculture.

By Mr.Zellner or MonroeHouse Bill No.483. A Bill to provide tor the lite
or corporations,created tor churches,schools and ~olleges;and tor other purposes.

Committee on General Judiciary No. 1.

By Messrs .Durden and Baba.dos or Dougherty-

.

House Bill No.535. A Bill to regulate the sale or

THURSDAY, MARCH 21, 1935.

1853-

tire arms and providing a penalty tor the violation; and tor other purposes.
Camnittee on General Judiciary No. 2. By Messrs.Cohen ot Chatham and weathers ot Jenkins-
House Bill No.557. A Bill authorizing appointment ot a commission tor the exploitation ot manufacturing and selling products and by-products tram the forests arid/or clay of Georgia;and tor other purposes.
Committee on Mines and Mining. By Mr.Clements ot Wheeler-
House Bill No.622. A Bill authorizing the welfare department to arrange care tor homeless children; and tor other purposes.
Committee on State ot Republic. By Messrs .Milam ot Spalding, Edvi8.rds of cyons ,and others-
House Bill No.683. A Bill to appropriate a certain sum to the Georgia Training School tor Girls;and tor other purposes.
Committee on Appropriations. By Mr.Williams of Baker-
House Bill No.743. A Bill to amend the Code ot 1933,so as to give the Commissioner of Game and Fish power to pennit t ishing in fresh wa.ter streams likelY to run dry;and for other purposes.
Committee on Game and Fish. By Messrs.Spivey ot Emanuel,Culpepper ot Fayette, Parker ot Colquitt,and Johnson ot Seminole-
House Bill No.724. A Bill to amend the Code ot Georgia ot 1933 by tixing the rate of taxation ot corpora.tionsby repealing the exemption tram taxation of royalty from the u.s.pa.tents;and for other purposes.
Committee on Finance.

1854

JouRNAL oF THE SENATE,

By Mrs.Coxon o:r LongHouse Bill No. 783. A Bill to amend the Code or
1933 which provides a pun1s:tnnent tor m1sdemeanor,so as to provide that no white female convicted under the age o:r eighteen shall be sentenced tram the State :rarm;and tor other purposes.
Committee on Penitentiar.y. By Mr.Terrell o:r Troup-
House Bill No.841. A Bill to provide tor inspection of all property,institqtions o:r the State by Legislative Cammittees;and tor other purposes.
Committee on State ot Republic. By Mr.cobb ot Clarke-
House Bill No.862. A Bill to establish an Examining Board and certify the qualifications o:r all probation and parole officers who serve the courts and institutions in the State or Georgia;and tor other purposes.
Committee on Penitentiar.y. By Mr. Edwards o:r Stephens-
House Bill No~982. A Bill to increase the State Aid System o:r Roads by the addition or a road 1n Stephens County;and tor other purposes.
Committee on Highways. By Mr. BrookS o:r Jackson-
House Bill No.988. A Bill to be entitled an Act to amend an Act o:r the General Assembly establishing the City Court ot Jefferson, in and tor the County o:r Jet:rerson;and tor other purposes.
committee on MUnicipal Government. By Mr.Teasley or Cherokee-
House Bill No.984. A Bill to change the term ot. the Superior Court o:r Cherokee County :rrom. the

THURSDAY, MARCH 21, 1935.

1855

fourth Monday in February of each year to the second Monday in March.
Committee on Special Judiciary. By Messrs.Hammockof Randolph and Smith of Webster-
House J3ill No.986. A Bill to a.nsnd the NeillTraylor Act by adding a road in Webster and Randolph Counties;and tor other purposes.
Committee on Highways. By Mr .Ross ot Dodge-
House Bill No.987. A Bill to amend the penal code ot 1910 tor appointment of special cr~inal bal1tts in certain counties;and tor other purposes.
Committee on Counties and County Matters. By Messrs.Mitchell ot Lamar and Brown ot Pike-
House Bill No.990. A Bill to increase the State Aid System of Roads by the addition of a road in Lamar County and Pike County;and tor other purposes.
Committee on Highways. The following resolutions of the House were read the first time and referred to Committees: By Mr.Thompson ot MuscogeeHouse Resolution No.93-474-C. A Resolution authorizing the repayment to certain businesses tax money illegallY paid by persons,fir.ms and corporations engaged in the manufacture of lumber products ;and tor other purposes. Committee on Appropriations. By Messrs.Shedd of wayne and Wrench ot CharltonHouse Resolution No.230-978-A. A Resolution memor:!aliz1ng Congress to pass legislation setting aside the Oke~enokee Swamp as a National Park;and tor other purposes. Committee on State of Republic.

1856

JouRNAL oF THE SENATE,

By Mr.Da.ughtry ot Wilkinson and Mallory of TwiggsHouse Resolution No.229-975-A. A Resolution to
provide a special committee ot the House and Senate to report to the next session of the General AssemblY proposed legislation for hospitalization of aeedY persons;and tor other purposes.

Committee on HYgiene and Sanitation.

By Mr.Benton ot JasperHouse Resolution No.209-931-A. A Resolution des-
ignating State Highway or Route No.ll as the "Andrew Jackson Highway";and for other purposes.

Committee on Highways and Public Roads.

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

By Messrs.Spivey of Emanuel,Freeman of Bibb and Claxton of Johnson-
House Bill No.745. A Bill to be entitled an Act to pramote public health,satety,morals and general weltare by prohibiting marathon dance contest and similar physical endurance contests;and for other purposes.

Senator Cooper of the 22nd District offered the following amendment to House Bill No. 745:

By adding to Section No.1 of the bill the :following:

"The provisions ot this Act shali not became e:r-

:rective until June lst,l935."



The amendment was adopted.

The report of the cammdttee,which was :favorable to the passage o:r the bill,as amended,wa.s agreed to.

on
were

3th2e,napyasssaog.e

o:r

the

bill,as

amended,the

ayes

THURSDAY, MAllCH 21, 1935.

1857

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

By Messrs.Townsend or Dade and Davis or TroupHouse Bill No.207. A Bill to be entitled an Act to
provide that no evidence procured Unlawtully_shall be admissible against any person charged-with and offense against the laws or this State;and for other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

On the passage or the bill the ayes were 30, nays 1.

The bill having received the requisite Constitutional majori-ty,was passed.

By Mr.Claxton ot JohnsonHouse Bill No.243. A Bill to be entitled an Act to
provide that the enforcement and collection or executions issued tor taxes shall not be defeated because ot mistakes;and for other purposes.

The report or ,the committee,which was tavorable to the passage or the bill,was agreed to.

_ __Q_n nays

toh. e

passage

or

the

bill

the

ayes

were

26,

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

By Messrs.Mitchell ot Taliaferro and Sutton ot

Wilkes-

House Bill amend an Act

Ntoo.a4u39th. oArizBeiltlhetoSbtaeteenCtaimtlmed1ssa1nonAocrt

to

Forestry and Geological Development to establish

State Parks;and ror other purposes.

The report or the cammittee,which was tavorable to the passage or the bill,was agreed to.

1858

JouRNAL oF l'HE SENATE,

on
nays

ot h. e

passage

ot

the

bill

the

ayes

were

30,

The bill having received the requisite constitutional majority,was passed.

By Messrs.Groves ot Lincoln and sutton ot WilkesHouse Bill No.359. A Bill to be entitled an Act
to provide tor payment ot past due pensions,tllneral expenses and physicians bills ot deceased veterans and W1d6ws. ot veterans;and tor other purposes.

The report ot the camnittee,which was favorable to the passage ot the bill,was agreed to.

on
naYQ

oth. e

passage

ot

the

bill

the

ayes

were

26,

The bill having received the requisite constitutional majority,was passed.

By Mr.Brown ot GlynnHouse Bill No.l?O. A Bill to be entitled an.Act to
provide tor a commission to advertise Georgia;and tor other purposes.

Senator Smith ot the 24th District moved that action on this bill be indetinitely postponed and the motion prevailed.

ay Mr .Brown ot GlynnHouse Bill No.925. A Bill to be entitled an Act to
give the consent ot the State to acquisition by the united States by purchase ot lands on st.S1mons Island tor establishment ot National Shrines or Parks,in Glynn County;and tor other purposes.

The report ot the committee,which was favorable to the passage ot the bill,was agreed to
naoyns oth.e passage ot the bill the ayes w' ere 26,

The bill having received the requisite Constitu-

tional majority,was passed.



THURSDAY, MARCH 21, 1935.

1859

By Hr.Peek of PolkHouse Bill No.747. A Bill to be entitled an Act to
amend Section 88-1212 of the Code of Georgia of 1933,providing for the issuance of certified copies of birth and death certificates;and for other purposes.
.
The report of the committee,which vas favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 27,
nays o.

The bill having received the requisite Constitutional ma. jority,was passed.

BY Messrs.Bennett of Ware,Arnall of Coweta and
Spivey of Emanuel and othersHouse Bill No.491. A Bill to be entitled an Act to
amend an Act entitled powers of Sale in Deeds of Trust,Mortgages,and other instruments must be strictlY construed and fairlY exercised," being Section 4620 of the Civil Code of Georgia of 1910 and section 37-607 ~f the Code of Georgia of 1933;and for other purposes.

The report of the cammittee,which was favorable to the passage of the bill,was agreed to.

On nays

oth. e

passage

of

the

bill

the

ayes

were

27,



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

ay Messrs.Teasley of Cherokee and McGraw of Meriwether-
House Bill No.361. A Bill to be entitled an Act to amend Part II of Chapter 95-8 Qf the Code of Georgia of 1933,w1 th reference to working public roads; and for other purposes.

The report of the comm1ttee,which was favorable to .the pas8age o:r the bill,was agread to. .

1860

JouRNAL OF THE SENATE,

on the passage o:r the bill the ayes were26, nays o.

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

By Messrs .Spivey and Woods o:r Dna.nuel,and Claxton o:r Johnson-
House Bill No.464. A Bill to be entitled an Act to amend Title 3,Chapter 3-S,Section 3-505 o:r Code o:r Georgia,l933;and :tor other purposes.

The report o:r the cammittee,which was favorable to the passage or the bi+l,was agreed to.
on the passage o:r the bill the roll was called and
the vote was as follows:

Those voting in the affirmative were Senators:

Beasley Carrington Chappell Clark Cooper Crawtord Darden DuPree
Evans
Gary
Gaskins

Goodwin Harden
Hart
Holt Jones Kiker Kirkland Lester McGinty McLeod McWhorter

M1lhollin Millican Ragan Rawlins Scott Stmmons Skelton Smith Thomas Vaughn

Those voting in the negative were Senators:

Atkinson Dennis

King
Lar~en

McGehee Wright

The verification or the roll call was dispensed

with.

.



The ayes were 32,nays 6.

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

Senator Kirkland or the 49th District asked unanimous consent that House Bill No.464 be immediately transmitted to the House,and consent was granted.

THURSDAY, MARCH 21, 1935.

1861

The following message was received trcm the House through Mr.Kingery,the Clerk thereof: Mr.President:
The House has passed by the requisite Constitutional majority the following bills ot the Senate to-wit: By senator Larse~ ot the 16th District-
Senate Bill No.237. A Bill to be entitled an Act to provide tor the selection ot the otticial organ tor the publication ot legal advertisements 1n counties having a population ot not less than 32,681 and not more then 32,710 according to the census ot the United states tor 1930, or any future census;and tor other purposes. By senator Jones ot the 17th District-
senate Bill No.247. A Bill to be entitled an Act to amend an act approved August 20,1925,wh1ch abol.1shed the ottice ot TaX Receiver and Tax Collector ot Burke County,Georgia,and created the ottice ot Tax Commissioner tor Burke County,Georgia;and tor other purposes. By senator Chappell ot the 13th District-
Senate Bill No.238. A Bill to be entitled an Act to increase the mileage ot the State Aid Road System b,y adding thereto a highway beginning at Americus,Sumter County,Georgia,and extending to Buena Vista,county seat ot Marion County,Georgia;and tor other purposes.
The following message was ~eceived tram the House through Mr.Kingery,the Clerk thereot: Mr.Pres1dent:
The House bas passed by the requisite Constitutional majority the following bills and resolution ot the House to wit:

1862

JouRNAL oF THE SENATE,

By Messrs.Ennis and Allen o:t Baldwin and Mr.Dyer or coweta-
House Bill No.323. A Bill to be entitled an.Act to proVide tor the purchase by the Prison Commission 3oi acres Q! land tor the use or the State Prison Farm at ~illedgeville; and :tor other purposes. By Messrs.Ennis and Allen o:t Baldwin-
House Resolution No.23-138-A. A Resolution to appropriate to the Mayor and Alderman to the City or Milledgeville the sum o:t $7,265.54 tor the redemption or paving bonds. By Mr.Preston o:r Bulloch-
Hause Bill No.989~ A Bill to be entitled an Act to amend an Act approved August 17th,l912,wh1ch created a new charter tor the City o:r Statesboro,de:tines the jurisdiction,powers and duties o:t saidmunicipality and its o:tticers;and :tor other purposes.
The following message was received !rom the House through Mr.Kingery,the Clerk thereof: Mr.President:
The House has passed,as amended,by the re1Uisite Constitutional majority the following bill or the Senate to wit: By senator Johnson o:t the 31st District and Senator Skelton pt the 30th District-
Senate Bill No.221. A Bill to be entitled an Act to abolish the :tee system now existing in the Super1or courts ot the Northern Judicial Circuit,as applied to the o:ttice ot Solicitor General thereof, and to provide :tor the d1spos1t1on o:t all tees;and tor other purposes.
The following message !rom the House was received through Andrew J .Kingery,Clerk: Mr .Pras1dent:
The House has agreed to the Senate Amendment to the following bill or the House to wit: -

THURSDA-Y, MARCH 21, 1935.

1863

By 11r.Cobb ot ClarkeHouse Bill No.?91. A Bill to be entitled an- Act to
promote temperance and prosperity tor Georgia Peopl~ to legalize the making or light domestic wines;and tor other purposes.
The tollowing message trom the House was received through Andrew J .Kingery,Clerk: Mr .President:
The House has disagreed to the Senate Amendments to the tollowing bills ot the House,to wit: By Mr.Spivey or Emanuel-
House Bill No.561. A Bill to be entitled an Act to annually,in addition to ad valorem tax,levy and collect a tax tor the support or the State Government; and tor other purposes.
The President announced as a Committee or Conference on the part or the Senate to conter with the like Committee or the House on House Bill No.620 the following members ot the Senate to wit:
Senators Milhollin or the 46th District, Wright or the 38th District,and McWhorter or the 19th District.
Senator Cooper ot the 22nd District asked unanimous consent that House Bill No.904 be withdrawn !rom the Cammittee,read 2nd ttme and recommitted.
The consent was granted. Senator Hart ot the 36th District asked unanimous consent that House Bill No.543 be withdrawn tram Cammittee,read 2nd time and recommitted.
The consent was granted.
Senator Larsen or the 16th District asked unanimous consent that House Bill No.546 be withdrawn !rom Qommittee, read 2nd time and recommitted.
The consent was granted.

1864

JouRNAl. OF THE SENATE,

The following bills ot the House,were withdrawn tram the cammittees,read the second time and reCCIDDlitted: By Mr.Moore ot Clayton-
House Bill No.543. A Bill to amend an Act creating the ottice or County Tax CCIIID11ssioner ot Clayton County;to authorize the employment ot a clerk;and tor other purposes. By Messrs .Allen and Ennis or Baldwin-
House Bill No .646. A Bill to amend section 95-802 ot the Code ot Georgia ot 1933,by adding a prQ.Vlso at the end ot said section,exempttng perao.nS t~ road duty in counties have a population ot not less than 22,778 and not more tban 22,978;and tor other purposes. By Messrs .Cobb and Joel ot Clarke-
House Bill No. 904. A Bill to amend an Act providing a Charter tor the City ot Athens..and Acts amendatory thereof, so as to provide tor the paving ot any street or sidewalk in said town;and tor other purposes.
A sealed communication tram His Excellency,The Governor,was received through his Secretary' Mrs. Harriet B. Jackson.
The Senate went into executive session Which lasted tor approX1ma.tel.y 30 m11!Utes.
senate Bill No.221 b.Y Senator Johnson or the 31st District and Senator Skelton ot the 30th District,a bill to abolish the tee system 1n the Superior Court ot the Northern Judicial Circu1t,was taken up tor
the purpose ot considering the following House a-
mendment thereto: Messrs .Adams ot Frankl1n,Herndon ot Hart,Kelly ot
Elbert,Sm.ith ot Madison and watkins ot Oglethorpe ot:rered .the following amendment:
By striking therefrom the words and t1gures $2'150.00

THURSDAY, MARCH 21, 1935.

1865

in Section 2 tnareor and substituting the wordS and figures $2475.00;and to turther amend said section 2 ot said bill by striking theretran after the wordS "Madieon county shall P@.Y $626.00 and insert in
$li3e5u0.tohoe.reof the V>rds "Madison County shall pay

The senate agreed to the l{ouse amendment to Senate B111 No.221.

senate Bill No.lOl by senator Millican or tne 35th District,a bill authorizing the Mayor and General Council to carry over and retire fF<D year to year a deficit or $1 soo,ooo,was taken up tor the purpose ot considering !he following House amendment thereto:

The Committee ottered the following amendment:

By striking all or sections 1 and 2 and substitut1ng the following therefor:

The

Mayor

and

SECTION ONE
General Council

or

the

City

o:r

Atlanta are authorized to require the owners or oc~

cupants or lots whereon weeds are growa and grow'ng,

or rubbish or trash is allowed to collect or other

like things are deposited on the lots which are

deleterious to health and liable to breed insects or

cause disease,to remove same tram said lots on~o~ice

tram any otticer or depa~nt which said City ~

designate and on failure or the owner or occupant to

remove same fran the lot,said City is authorized to

give notice in person or serve notice upon any agent

in charge or same ,and it unable to serve said notice

personally,then to address a letter to the last

known address,to have said lot cleaned or all and

any ot the things mentioned and on failure to comply

with this notice,said City 1s authorized to provide

that same otticeror department may have said lot

cleaned or reasonable

such things expense for

asanmd et,oinsethrveesanmoeticmeanonrerthaes

is

provided :ror service or the notice~s above stated,

and on failure to pay sa.m.e said CiTiY is authorized

to have a ti.ra.issued aga.lnst the owner, which :r1.

1866

JoURNAL oF THE SENATE,

ta. shall be a lien upon the property ot the same character and force as a lien tor ad-valorem taxes and to collect same by levy and sale or said lot and to have it recorded on the general execution docket in the Clerk's office of the County,and generally to pass any ordinance carrying into ettect these provisions which the said Mayor and General Council may :reel advisable or necessary. Further.more,said General Council may pro-vide by ordinance tor making a case against the owners or occupants tor disorderlY conduct,atter service ot the notice above prov1ded,in the Recorderrs Court ot the City ot Atlanta and to punisn such owner,it convieted,by a tine not exceeding $50.00 or-sentenced to work on the public works ot the City tor not exceeding 30 days,either or both in the discretion or the Recorder.

SECTION TWO Be it further enacted that all laws and parts ot laws in conflict with this measure are hereby repealed.

The sena:~~ agreed to the House amendment to senate Bill No.lOl.

Senate Bill No.l03 by Senator Millican ot the 35th

District,a bill abolishing the ottice ot warden and

creating the ottice ot Director of Reliet,was taken

up tor the purpose ot considering the following

House amendment thereto:



Messrs .Almand and Ra."msey ot Fulton ottered the following amendment:

By striking sections two and three thereof entirelY.

By adding ~diatelY at the end of section five, and to become part thereof,the following:

"Nothing herein shall be construed as establishing any definite ter.m tor the Chief ot Police or Chief ot Fire Depa.rtment,or in ~11etinterterr1ng w!th

THURSDAY, MARCH 21, 1935.

1867

the present incumbents,or any civil service pro-
vision.s existing in either or said departments.
re- By adding a new section immediatelY before the
pealing clause,to read as rollows:

"Section The Mayor and General Council shall always maintain in connection with its Department ot Police, a Womensr Burea.u,the same to be ot such size and personal as said Mayor and General Council may in their discretion determine to be necessary.

The clerk is hereby authorized to renumber the sections or said bill in accordance with th1s amendment.

The Senate agreed to the House amendment to senate Bill No.l03.

The follOWing resolution or the Senate was read

first time and referred to the Camnittee on Hilitary"

.urairs:



By Senators Skelton ot the 30th District,Beasley or

the 2nd District ,carrington or the 27th Dis~rict and

scott or the 7th District-

---

-

Senate Resolution No.ll5. A Resolution to author.:. -

ize the issuance or State medals to 'those citizens

who served in the military. rorces.

. . .;,.--

The following resolutions or the Senate were read

and adopted:



By Senator Scott or the 7th District~

_

Senate Resolution No.ll6. A ResolutioneJtpress1ng

the thanks and appreciation or the Senate to the

Macon Telegraph and its editor.

By Senator Vaughn or the 34th DistrictSenate Resolution No.ll7. A Resolution expressing
the disfavor or this General AssemblY upon certain legislation which tends to prejudice the producers or one section ror the benefit_or prod~cers ot another section.

1868

JouRNAL oF THE SENATE,

The following bill or the House was read first ttme and referred to the Committee on Finance: By Mes\ srs.Lanier and Harris or Richmond-
House Bill No.241. A Bill declaring slot machines and other devices as gambling mach1nes;and tor other purposes.

Senator Evans or the 29th District took the Chair.

severai motions were made most all or which he ruled out or order.

senator Rawlins of the 45th District gave notice ot a m. otion to. reconsider House Resolution No.l70.
The following bills or the House were read first time and referred to Cammittees:

By Messrs .Ennis .and Allen of Baldwin and Dyer or

r:;- cowetaHouse Bill No.323. A Bill to :provide tor the

cbase by the Prison Commission or ~ ~eras of . d

tor the use or state Prison Farm at Milledgeville;

and tor other purposes.



Committee on Appropriations.

By Messrs.Booth or Barrow and Preston or BUllochHouse Bill No.960. A Bill to authorize,empower and
direct the Highway Department or the State o:r Georgia to pave certain roads and drives on the campus ot the university of Georgia in Athens.

Committee on Highways and Public Roads.

By Mr.Preston of BullochHouse Bill No.989. A Bill to amend an Act ap-
proved August 17th,l912,which created a new charter tor the City of Statesboro;and tor other purposes.

Committee on MUnicipal Government.

The following resolution of the House was read :first tine and reterred to the Camn1ttee on Appropriations:

B;v :Mes~re.Ennts and Allen.o:r Baldwin. House Resolution No.23-138-A. A Resolution to ap-
propriate to the Mayor and Alderman o:r the City or Milledgeville the sum or $7265.54 tor the redemption of paving bonds.

THURSDAY, MARCH 21, 1935.

1869

The following privileged resolutions were read and adopted:

By Senator Goodwin of the 20th District-
AResolution extending the privileges of the floor
to Hon.H.M.Franklin of washington County,Georgi~.

By Senator Johnson of the 31st District- .

A Resolution extending the privileges of the floor

to Hon.Berry T.Moseley,Judge of ~he Superior Court

ot the Northern Judicial Circuit.

_

By Senator Jones of the 17th DistrictA Resolution extending the privileges of the floor
to Hon.H.Cliff Hatcher,Mayor o~ the City of Waynesboro.

By Senator Goodwin of the 20th DistrictA Resolution extending the privileges of the floor
to Hon. Miller S.Bell of Millegeville,Ga.

By Senator Lester of the 18th District-

.

A Resolution extending the privileges of the floor

to Hon.Gordon W.Chambers,Judge of the City Court of

Richmond county.

By senator vaughn of the 34th DistrictA Resolution extending the privileges of the floor
to Mrs.Henry Ragan,daughter of the senator of the 14th District. By Senator Kiker of the 41st District-
A Resolution extending the privileges of the floor to Hon.M.S.Lercy,of Pickens County.

By Senator Beasley of the 2nd DistrictA Resolution extending the privileges of the floor
to Mrs .Allen Cha.m>ell,wife of the Senator of the 13th District.

senator Scott ot the 7th District moved that the Senate adjourn and the motion prevailed.

senator Evans of the 29th District announced that the senate stood adjourned until tomorrow morning. at 9:00 otclock.

1870

JouRNAL OF THE SENATE,

Senate Chamber, Atlanta, Georg1a. Friday, March 22, 1935.

The senate oclock AJ1.

met,pursuant this day and

wt oasadcjaolul erdnmt oenot,radt e9r :0bY0

Senator Rawlins or the 45th District,President Pro

Tem.. ot the Senate.

Prayer was orrered by the Chaplin.

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

Atkinson Beasley
Cannon
Carrington Chappell Clark Cooper Crawford Darden
Dennis
Duncan
DuPree
Edenfield
Evans
Gaskins Goodwin
Harden

Hart Holt Johnson or the 31st Johnston or the 39th Jones Kiker King Kirkland Lancaster
Larsen
Lester McGehee McGinty McLeod

McWhorter Milhollin Millican Pope
Ragan
Rawlins Rucker Scott Simmons Skelton Smith. Strickland
Thauas
Turner
Vaughn
Wright

senator Hart or the 36th Distriet,Cnairman or the Committee on Journals,reported .thathe had examined the Journal or yesterday's session and round it correct.

Senator Millican of the 35th District asked unanimous consent that the reading or the Journal be dispensed w1 th and consent was granted.

The Journal was contir.med.

Senator scott or the 7th District asked unanimous

FRIDAY, MARCH 22, 1935.

1871

consent that Wh~n the Senate adjourn today that it reconvene at 2:00,P.M.,:tor an afternoon session.
The consent was granted. The Rules Committee :tixed the following order o:r business :tor the forenoon session o:r this date, March 22nd: 1. Reports o:r standing committees. 2. Second reading o:r bills favorably reported~ 3. General House bills (uncontested)with local application,and local House bills (uncontested) :tar passage. 4. General House Bills as follows:
House Bill No. 494. House Bill No. 394. House Bill No. 449. House Bill No. 128. House Bill No. 511. House Bill No. 512. House Bill No. 856. House Bill No. 155. House Bill No. 492. House Bill No. 340. House Bill No. 624. House Bill No. 457. House Bill No. 147. House Bill No. ,440. House Bill No. 733. Other General Bills at the discretion o:r the President as time permits. Mr. Skelton o:r the 18th District,Chairman o:r the Committee on Judiciary No. !,submitted the following report: Mr.President: Your Committee on Judiciary No. 1 have had under consideration the following bill o:r the House and

1872

JouRNAL OF THE SENATE,

have instructed me as Chairman, to report the same back to the Senate with the following recommendation:

House Bill No. 530,do pass.

RespectfUlly submitted, Skelton or 18th District, Chairman.

Mr. M11hollin or the 46th District,Chairman or the Committee on Agriculture,submitted the following report:

Mr.President:

Your Committee on Agriculture have bad under consideration the follOWing Bill or the House and have instructed me as Chairman to report the same back to the Senate with the roilow1ng recommendation:

House Bill No. 320,do pass.

Respectfully submitted, Milhollin or 46th District, Chairman.

Mr. Lester Committee on

Aoprprthoepr1ia8ttihonDsi,ssturbimc1t~Ctehdairtmheanfoolrlotwheing

report:

..

Mr.President:

Your Committee on Appropriations have had under consideration the following Bill and Resolutions or the House and have. instructed me as Chairman, to report the same back to the sanate w1th the r ollowing recommendations:

House Bill No. 683,do not pass. House Resolution No. 238,do pass. HouseResolution No. 93-474-C,do pass.

Respectfully submitted, Lester or 18th District, Chairman.

FRIDAy' MARCH 22, 1935.

18'73

Mr.King of the 11th District,Chairman of the Committee on Education,subm1tted the following report:

Mr.President:

Your Committee on Education 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 following recommendation:

House Bill No. 532,do pass.

Respectfully submitted, King of 11th Distric~, Chairman.

Mr.Beasley or the 2nd 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 Resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 986,do pass.

House House

Bill Bill

No. No.

9989201,ddoo

pass. pass.

House Resolution No. 209,do pass.

House Bill No. 960,do pass.

Respectfully submitted, Beasley ot 2nd District, Chairman.

Mr. Clark ot the 44th Distr1ct,Chairma.n ot the Committee on Counties and County Matters,subm1tted the following report:

Hr.President:

Your CODil11ttee on Counties and County Matters have

1874

JouRNAL oF THE SENATE,

had under consideration the following Bills of the House and have instructed me as Chairmanito report the same back to the Senate with the tol owing recormnendations:
House Bill No. 554,do not pass. Bouse Bill No. 542,do not pass. House Bill No. 903,do pass. House Bill No. 54l,do not pass.
Respectfully submitted, Clark of 44th District, . Chairman.
Mr.Pope ot the 15th District,Chairman of the Committee on Penitentiary,submitted the following report:
Mr.President:
Your Committee on Penitentiary have had under consideration the following Bills of the House and have instructed me as Chairmanito report the same back to the Senate with the to lowing recamnendations:
House Bill No. 783,do pass. House Bill No. 862,do not pass~
Respectfully submitted Pope of 15th District, Chairman.
Mr.Btmmons ot the 8th District,Chair.man of the com-
mittee on Finance,submitted the following report: Mr.President:
Your Committee on Finance have had under consideration the following Bill of the House and have in-
structed me as Cbainna.n,to report the same back to
the Senate with the following recommendation: House Bill No. 24l,do pass. RespectfullY submitted, Simmons of 8th District, Cbaiman.

FRIDAv, MARCH 22, 1935.

1875

Mr.Smith or the 24th District,Chairman or the CanBdttee on HYgiene and Sanitation,submitted the following report: Mr.President:
Your Committee on Hygiene and Sanitation have had under consideration the tolloft1ng Resolution of the
Ht hoeusesamanedbhaacvket oi ntsht reu cSteendatme ewaisthCthhaeirmt oanl1ot owirnegproerct -
OliJDieild.ation: House Resolution No. 229-975-A,do pass. Respectfully submitted, Smith or 24th District, Chairman. Mr.Larsen or the 16th District,Chairman of the Cam-
m1ttee 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 House and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
House Bill No. 5461 do pass. Respectfully submitted, Larsen or 16th District, Chairman.
Mr.Darden or the 51st District,Cha1rman ot the Camldttee on State or Republ1c,subm1tted the following report: Mr.President:
Your Committee on State Q! Republic have had under consideration the following Bills and Resolution of

1876

JouRNAL oF THE SENATE,

the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 84l,do pass. House Bill No. 313,do pass. House Bill No. 622,do pass. House Bill No. 253,do pass. House Resolution No. 230-978-A,do pass.
Respectfully submitted Darden of 51st District, Chairman.
Mr.K1ker of the 41st District Chairman of the Committee on Mines and Mining,submltted the following report: Mr.President:
Your Committee on Mines and Mining 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 following recommendation:
House Bill No. 557,do pass. Respectfully submitted, Kiker of 41st District, Chairman.
Mr.Clark ot the 44th District,Cgairman of the Committee on Counties and County Matters,submltted the following report: Mr.Pres1dent:
Your CoDDD.1ttee on Counties and Cotmty Matters have had under consideration the following Bills or the House and have instructed me as Chairman to report the same back to the Senate with the following recommendations:
House Bill No. 543 as amended,do pass.

FRIDAY, MARCH 22, 1935.

1877

House Bill No. 987,do pass. Respectfully submitted, Clark of 44th District, Chairman.
The following bills of the House favorably reported by Committees were read the second time: By Messrs.Lanier and Harris ot Richmond-
House Bill No. 241. A Bill to declare slot machines and other gambling devices as contraband;and tor other purposes. By Dr.Weeks of Columbia-
House Bill No. 253. A bill to detine,prevent,torbid and prohibit the organization of the operation ot,or the participation in,a nudist colony,or colonies in the State of Georgia;and tor other purposes. By Messrs.Coxon ot Long,Ramsey of Fulton and others-
House Bill No. 313. A Bill to authorize the creation ot a Board of Public Welfare in each County ot the State,to provide tor the appointment ot membership or said Boards;and tor other purposes. By Mr .Reagan or Henry-
House Bill No. 320. A Bill amending Section 1852 (1) or the Civil Code or Georgia and Section 555 (1) ot the Penal Code or Georgia relating to records to be made by purchasers or seed cotton so as to include the purchase and record or Grain Wheat;and tor other purposes. By Messrs.Coben or Chatham and weathers or Jenkins-
House Bill No. 557. A Bill authorizing appointment or a commission tor the exploitation and business ot manufacturing and selling products and by-products from the forests and/or clay of Georgia;and for other purposes. By Mr .Clements of Wheeler-
House Bill No. 622. A Bill authorizing the Welfare Department of the Board of Control ot Eleemosynary

1878

jOURNAL OF THE SENATE~

institutions to arrange care for Homeless,neglected and dependent children;and tor other purposes.

ByMessrs.Spivey of Emanuel,Culpepper of Fayette, Parker of Colquitt,and Johnson ot Seminole-
House Bill No. 724. A Bill to amend Title 92 part IX of the Code of Georgia of 1933, by amending Chapter 92-3l,by fixing the rate of taxation or corporations, by further defining "gross income",by repealing the exemption tram taxation of royalties from u.s.Patents; and for other purposes.

By Mrs.Helen Williams Coxon of LongHouse Bill No. 783. A Bill to amend the Code of
1933 which provides a punishment for misdemeanors, providing that no white female convicted under the age ot 18 shall be sentenced to labor in the Wamanrs Prison on the State tarm;and for other purposes.

By Mr.Terrell of TrouP-

.

House Bill No. 841. A Bill providing tor inspec-

tion or all property of the State by Legislative

Committees;and for other purposes.

By Messrs.Harris,Lanier and Barrett or RichmondHouse Bill No. 903. A Bill to repeal an Act to
establish a City Court in Richmond County;and for other purposes.

By Messrs.Booth of Barrow and Preston of BullochHouse Bill No. 960. A Bill to authorize the High-
way Department to pave certain roads on the campus of the University or Georgia in Athens;and tor other purposes.

By Mr .Edwards of StephensHouse Bill No. 982. A Bill to increase the State
Aid System or roads by the addition of a road in Stephens County;and for other purposes.

By Messrs.Hammock of Randolph and Smith of WebsterHouse Bill No. 986. A Bill to amend Neill-Traylor
Act by adding a road in Webster and Randolph County; and for other purposes.

FRIDAY, MARCH 22, 1935.

1879

BY Mr.Ross or DodgeHouse Bill No. 987. A Bill to amend Penal Code or
1910 tor appointment or special criminal balitts in certain counties;and tor other purposes. By Messrs .Mitchell or Lamar and Brown or Pike-
House Bill No. 990. A Bill to increase the State Aid System or roads by the addition or a road in Lamar and Pike Counties;and tor other purposes.
The following resolutions or the HouseJravorably reported by Cammittees,were read the second time: BY Mr.Thompson of Muscogee-
House Resolution No. 93-474-C. A Resolution authorizing the repayment to certain businesses tax money illegally paid;and tor other purposes. By Mr.Benton of Jasper-
House Resolution No. 209-931-A. A Resolution designating Route No. 11 as the- Andrew Jackson Highway;and tor other purposes. By Messrs .Daughtry or Wilkinson and Mallory o:t Tw1ggs-
House Resolution No. 229-975-A. A Resolution pro- . viding a special committee or the House and Senate to report to the next session Legislation tor hospitalization or needy person;and for other purposes. BY Messrs.Shedd of Wayne and Wrench of Charlton-
House Resolution No. 230-978-A. A Resolution memorializing Congress to pass Legislation setting aside the Okefenokee Swamp as a National Park;and for other purposes. By Messrs.Booth or Barrow and Adams ot Franklin-
House Resolution No. 238. A Resolution authorizing the Governor to divert one thousand,six hundred,torty dollars,and seventy-seven cents now in the state Treasury to the Common School Fund of the State;and tor other purposes.
The following bills and resolutions or the House were read third time and put upon their passage:

1880

, JouRNAL oF THE SENATE,

By Messrs.Harris,Lanier and Barrett of RichmondHouse Bill No. 966. A Bill to be entitled an Act
to amend an Act abolishing Justice Courts,Justice of Peace and constable in the City of Augusta and establishing a Municipal Court;and for other purposes.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr.Martin of Jeff Davis-
House Bill No. 976. A Bill to be entitled an Act to amend an Act creating a new charter for Hazlehurst;and for other purposes.
The report of the committee,which was favorable to the passage o! the bill,was agreed to.
On the passage of the bill the ayes were 30,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr.woods o! Emanuel-
House Bill No. 981. A Bill to be entitled an Act to amend an Act entitled an Act to incorporate the Town of Twin City in the county or Emanuel;and !or other purposes.
The report o! the cammittee,which was favorable to the passage of the bill,was agreed to.
On the passage o! the bill the ayes were 3l,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr.Jackson of Bleckley-
House Resolution No. 218-962-A. A Resolution that

FRIDAY, MARCH 22, 1935.

1881

W.D.Porter and his bondsmen,H.J.Abney,C.N.K1ng,T.A.

aPnodr ttehre, Jyo hanr ePhuerrseebry, srre.1Eie.Tv.eMd ut.lr.al1ms

and any

O.H.Jones,be, obligation

whatever upon the bond given by the said tax collec-

tor and his bondsmen to the State ot Georgia tor the

year 1928.

The report ot the Comm1ttee,which was favorable to the passage ot the resolution,was agreed to~

On the passage ot the resolution the ayes were 28,
nays o.

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

By Mr.McCutchen ot WhitfieldHouse Resolution No. 223-964-B. A Resolution to
relieve E.P.Pangle as surety on the bond ot George Roach to be before the buperior Court ot Whitfield County.

The report ot the connn1ttee,wh.ich was favorable to the passage of the resolution,was agreed to.

On the passage o:r the resolution the ayes were Zl,
nays o.

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

By Mr .Adams or Franklin-

House Resolution No. 232-978-B. AResolution to

relieve W.G.Brock and John Bryant from bond tor-

rei ture in Franklin CountY.

:



The report or the conmlttee,which Wa.s favorable to the passage or the resolutiort,was agreed to.

On nays

oth.e

passage

of

the

resolution

th'-e

ayes

were

29,

The resolution havtng received the requisite Constitutional majority,was passed.

1882

JouRNAL oF. THE SENATE,

By MessrsJParker or Union,Hampton of Fannin and Jones of Lumpkin-
House Bill No. 884. A Bill to be entitled an Act to amend an Act entitled Highway Mileage,by adding a road in Lumpkin,Fannin and Union Counties to the State Aid Road System;and tor other purposes.

The report of' the Committee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 30,nays o.

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

By Messrs.Harris,Lanier and Barrett of RichmondHouse Bill No. 919. A Bill to be entitled an Act
to provide that the Solicitor General of Augusta Circuit shall have power to appoint an assistant tor the purpose of prosecuting misdemeanor cases;and for other purposes.

The report or 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 o.

The bill having received the requisite Constitutional majority,~s passed.

ByHMouessesrsB.RilalmNseoy.,A7l4m9a.ndAaBnidllHtaortbsef

ield of Fultonentitled an Act

to create and place in effect Civil Service in all

County offices and departments in counties of a cer-

tain population;and tor other purposes.

Senator Millican o! the 35th offered the following amendments:

That Section Four (4) of the substitute Bill designated as House BUl No. 749 be stricken and that a new section to be designated as Section Four (4) be substituted therefor as follows:

FRIDAY, MARCH 22, 1935.

1883

Be it further enacted by the authority aforesaid, that this act shall not apply to the Executive Heads of Departments or to public officers who are elected by the voters of the State,counties or MUnicipalities in prtmary,general or special elections, nor to vacancies filled in such elective offices; nor shall this Act apply to any employee of a city or town,or of any department of any city or town office; nor shall the provisions of this Act be applicable to the Department of Public Works of any such County,or the employees of such department of Public Works;nor shall the provisions of this Act be applicable to employees in the offices of the Solicitor General,or Solicitors of the Superior Court,Cr~inal Court,or other court in such county.

All employees in the offices of the Clerks of the

Superior court,City and Municipal Courts or such

counties,or of other courts with enlarged powers

created to take the place of Justice Courts as now

or hereafter provided by law;all employees in the

office of sheriff of any county,city or superior

court;all employees in the office of the Marshall

or any other officer of any other court with en-

larged powers created to take the place of Justice

Courts as now or hereafter provided by law;all em-

ployees in the office of Tax Collector,Tax Receiver

or Tax Commissioner of any such County;all employees

in the office of the Ordinary of any such County

and all employees of other departments of such coun-

ties not heretofore specifically excepted from the

provisions of this Act,including any County Health

Department,Buildings and/or Grounds Department,

Treasurerts Department,Purchasing Agent's Depart-

ment,County Board of Education,Board of Tax Aasess-

ors,Clerk of Board of County Commissioners and his

sthtaisffA1scht

all each and sha

be subject to a ll be and remain

ll pro under

visions of Civil Servi

ce

and subject to the Jurisdiction or the Civil Service

Commission and to the rules and regulations promul-

gated by said commission as here provided.

That House Bill No. 749 be amended by eliminating entirely Section Ten (10} thereof.

1884

JouRNAL oF THE SENATE,

The amendments were adopted. The report ot the committee,which was favorable to the passage ot the bill,as amended,was agreed to. On the passage ot the bill,as amended,the ayes were 29,nays 0. The bill,as amended,having received the requisite Constitutional majority,was passed. By Messrs.Leonard and Sartain of WalkerHouse Bill No. 952. A Bill to be entitled an Act to increase the mileage ot the State Aid System of Roads by the addition of certain roads in Walker County;and tor other purposes. The report ot the committee,Which was favorable to the passage ot the bill,was agreed to.
On the passage ot the bill the ayes were 3l,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr .Hand ot M1tchell-
House Bill No. 980. A Bill to be entitled an Act t~ increase the mileage of the State Aid Road System by addition of a road tram Pelham in Mitchell County to Spence in Grady County;and tor other purposes.
Senator Beasley offered the following amendment to House Bill No. 980%
By adding a new paragraph in Section 1 Which Shall be paragraph 4 as follows:
"A road leading trom Collins on Route 23 to Manassas to Route 30;thence via Tattnall Camp GroundMendes to Route Z3. A Road from Glenville to Lanes Bridge via Tison.
The amendment was adopted.

FRIDAy' MARCH 22, 1935.

1885

The report o:r the committee,which was favorable to the passage o:r the bill,as amended,was agreed to
29O,nnatyhseo-p.assage of the bill,as amended,the ayes were
The bill,as amended,having received the requisite Constitutional majority,was passed. By Hessrs.Hartstield,Ramsey and Almand or Fulton-
House Bill No. 959. A Bill to be entitled an Act to amend an Act approved August 13th,l924 entitled "An Act to prescribe additional duties tor Coroners in Counties having a population or 200,000 or more.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
On the passage o:r the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr.Parker o:r Union-
House Bill No. 964. A Bill to be entitled an Act to increase the mileage ot the State Aid System or Roads by the addition o:r a certain road in Union county;and tor other purposes.
The report o:r the committee,which was favorable to the passage o:r the bill,was agreed to.
On the passage o:r the bill the ayes were 26,nays o.
The bill having received the requisite Constitutional majority,was passed. By Hessrs.Freeman o:r Early and Johnson or Seminole-
House Bill No. 965. A Bill to be entitled an Act to increase the mileage o:r the State Aid System or Public Highways by the addition o:r a road in Early County and Seminole County;and tor other purposes.
The report o:r the comm1ttee,Wh1ch was favorable to the passage o:r the bill,was agreed to.

1886

JouRNAL OF THE SENATE,

On the passage of the bill the ayes were 30,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr.Johnston ot Upson.
House Bill No. 968. A Bill to be entitled an Act to regulate target shooting in certain counties 1n Georgia having a population ot not less than 19,500 'and not more than 19,520 persons.
The report ot the cammittee,which was favorable to the passage or the bill,was agreed to.
On the passage ot the bill the ayes were 29,nays o.
The bill having received the requisite Constitutional majority,was passed.
Senator Simmons ot the 8th District arose to a point or personal privilege and addressed the senate.
Senator Simmons or the 8th District moved that the Senate insist on its amendments to House Bill No. 561 and that a conference committee be appointed.
The motion prevailed. The President appointed as a Committee or Conference on the part ot the Senate to conter with a like committee or the House on House Bill No. 56l,known as the General Tax Act,the following members or the Senate to wit: Senators Simmons of the 8th District,
Millican or the 35th District,and Strickland of the 3rd District. By Messrs.Benton ot Jasper and Zellner or MonroeHouse Bill No. 394. A Bill to be entitled an Act to regulate the distribution and sales ot mllk;and tor other purposes. Senator McWhorter ot the 19th District moved that

FRIDAY, MARCH 22, 1935.

1887

House Bill No. 394 be indefinitely postponed and the motion prevailed.

Senator Scott ot the 7th District gave notice or a motion to reconsider House Bill No. 394.

The following Conference Cammittee Report on House Resolution No. 12-13-A was read:

Mr.President:

The Conference Committee on the part ot the Senate and the Conference Committee on the part or the House, appointed to confer on House Resolution No. 12-13-A, recommend that the Senate and the House respectively recede tram their position and adopt as a substitute the following:

Lanier ot Richmond, Chairman Mundy or Polk F~t ot Spalding Conferees tor House

Pope of 15th District Duncan of 23rd District Johnson or 31st District Conferees for Senate

An Act to propose to the qualified voters or the State or Georgia an amendment to paragraph one (1), section two (2) ot article seven {7) or the Constitution or the S~ate or Georgia,so as to authorize the General Assembly to fix limitations upon the amount or taxes which may be levied upon properties in this State tor the purpose or the State,the counties the municipalities and the other governmental subd!visions;and to classlty properties;and to levy and collect "taxes and distribute the same to the State,the counties,the municipalities and the other governmental subdivisions;and tor other purposes.

SECTION ONE (1) BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA,and lt 1s hereby enacted by the authority or the same that paragraph one(l) of section two(2} or article seven (7) or the Constitution or the State ot Georgia be,and the same is,herebY stricken tram the Constitution and the following s is substituted therefor:

1888

JouRNAL OF THE SENATE,

All taxes shall be levied and collected under general laws :tor public purposes only. All taxation shall be uni:tor.m upon the same class o:t property subject to tax within the territorial limits o:t the authority lev.ying the tax.
Property which is subject to tax shall be divided into two {2) classes,to wit: Intangible property and tangible property. aanccIdno/otuarnntrgsei,sbptrloeecskpesrno1~bptoe1nrvtdeys,ason:htdavlaal llucloeo,nbtshuietsrtsrhoi:atglhml tosnnoeotyf,innaocctteliuso1dne, corporate franchises.
Tangible properties Shall include corporate tran~ chises and all other classes or property not embraced in the said definition o:t intangible properties.
No tax in excess o:t :tive {5) mills on each dollar o:t the assessed value or such intangible properties shall be levied tor all purposes o:t the State,the counties, the municipalities,and the other govern.mental sub-divisions ot the State.
No tax shall be levied on the tangible property by this State or any governmental subdivision thereor except as follows:
1. No tax in excess o:t rive (5) mills on each dollar or the assessed value or tangible properties shall be levied by the counties or this State :tar all county purposes.
2. No tax in excess or :tive (5) mills on each dollar ot the assessed value or tangible properties shall be levied :tor school purposes.
3.No tax in excess or rive (5) mills on each dollar o:t the assessed value or tangible properties shall 'be levied by a municipality or this State :tor all municipal purposes.
The General Assembly :trom time totime may provide

FRIDAY, MARCH 22, 1935.

1889

the method or returning,assessing,levying and collecting all taxes and may apportion the same to the State and the governmental subdivisions thereof in accordance with the provisions or this Section.

Provided that .such property shall continue to be

subject to taxation tor the payment or the princi-

pal and interest or any legal indebtedness of the

State and/or any political subdivisions thereof,

existing as of January 1,1936,and such bonded indebt-

edness as may be hereafter legally created and vali-

dated.

'

Provided further that nothing herein shall be construed to restrict or abridge the right of_ the General Assembly to assess and/or levy any form of taxes tor governmental purposes,but the General Assembly is specifically authorized to assess and levy such forms or taxes as it may seem proper not in <:on conflict herewith.

SECTION TWO {2) Be it further enacted by the au-

thority atoresaid,that when this amendment shall be

agreed to by a two-thirds vote of the members elec-

ted to each House,it shall be entered upon the JoUr~

nal of each House with the "yeas" and "nays" there-

on,and s~ll be published in one or more newspapers

in each Congressional District in the State tor two

months previous to the time tor holding the next

general election,and,at the next general election,

shall be submitted to the people tor ratification.

All persons voting,at said election in favor or

adopting said proposed amendment to the Constitu-

tion shall have written or printed on their ballots

the words:"For ratification or amendment to para-

graph one (l),sect1on two {2),article seven {7) of

the Constitution classifying properties tor purposes

or taxation and fixing limitations upon the amount

ot taxes which may be levied upon properties in this

State tor the purposes

s~liocn1sp~adliptr1oevsidainndg

the tor

ootthtehregSovtaertnem,thenetaclosuunbt1deisv1lt-he the levy1ng,collection and

distribution or taxes to the State,the counties,the

mun1c1~al1t1es and the other governmental subdivi-

sions; and all persons opposed to the adoption ot

1890

JouRNAL oF THE SENATE,

said amendments shall have written or printed on their ballots the words:"Against ratification of amendment to paragraph one (l),section two (2),articl~ seven (7) or the Constitution classifying properties tor Jm1)oses or taxation and fixing limitations upon the amount ot taxes Which may be levied upon properties in this State tor the purposes. ot tbe State,the counties,the municipalities,~d the other govermnental subdivisions;and providing tor the l,evying,collection and distribution or taxes in the &~te, the counties,the munici~lities and the other governmental subdivisions; and if the majority or the
electors qualified to vote tor members of the Gen-
eral Assembly voting thereon shallvote tor ratification thereot,When the returns shall be consolidated as now required by law in elections tor members of the General Assembly,and return thereof made to the Governor,then he shall declare said amendment adopted and make proclamation of the result by publication or the results or said election by one insertion in one or the daily papers or tnrs State,declaring the amendment ratified.

SECTION THREE (3) Be it further enacted,that all laws and parts or laws in conflict w1th this Act be and the same are hereby repealed.

on the adoption or the Conference Committee Report Senator Dennis or the 28th District moved the previous question and the motion prevailed.

Senator Skelton or the 30th District called tor 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:

Almon Atkinson Beasley Cannon CaiTington Chappell Clark Crawtord

Darden Dennis Dickerson Duncan
DuPree
Edenfield EVans
Gary

Gaskins Goodwin Harden
Hart
Holt Johnson or the 31st Johnston ot the
39th

FRIDAY, MARCH 22, 1935.

1891

Jones Kiker King Kirkland Lancaster Larsen Lester McGehee McGinty

McLeod McWhorter Milhollin Millican Pope Ragan Rawlins Rucker Scott

S1Imnons Skelton Smith Strickland Thomas Turner
Vaughn
Wright

The roll call was verified.
The ayes were 49,nays o.

The Conference Committee Report was adopted

Senator Simmons or the 8th District moved that

the following report or the Conference Committee on

House Bill No. 620 be received as information and

that another Committee or Conference be named to

conter with a like committee on the part or the tlo

House,and the motion prevailed'



Mr.President:

Your Committee on Conference beg leave to report as follows:

Conference Committee on House Bill No. 620 met and tailed to agree.

McWhorter or 19th District Senate Committee Wright or 38th District
Milhollin or 46th District Standard ot Wilcox House Committee Parker ot Colquitt Lindsay or DeKalb

The President appointed as a second committee on the part or the Senate to conter with a like canm1ttee on the part or the House on House Bill No. 620 the following members o:r the Senate to wit:

Senators Stmmons or 8th District McWhorter o:r 19th District,and Pope o:r 15th District

1892

JouRNAL oF THE SENATE,

By Mr.Beasley ot Cherokee- House Bill No. 973. A Bill to be entitled an Act
to tix the compensation ot the Sheriff of Cherokee County,to provide tor the abolition of the te~ system !or compensating the sheri!t in said county;and !or other purposes.
The report of the committee,whieh was favorable to the passage or the bill,was agreed to.
On the passage or the bill the ayes were 28,nays o.
The bill having received the requisite Constitutional majority,was passed. By Mr .Holland o! Cnattooga-
House Bill No. 958. A Bill to be entitled an Act to increase the mileage o! the State Aid Road System by the addition or a road beginning on State Road No. 114 near the incorporated limits or ~erly; and !or other purposes.
The report of the committee,Which was favorable to the passage or the bill,was agreed to.
On the passage o! the bill the ayes were 30,nays o.
The bill having received the requisite Constitutional majority,was passed By Mr.Moore or Clayton- . House Bill No. 543. A Bill to be entitled an Act to amend an Act creating the office or County Tax Commissioner ot Clayton County;to authorize the employment or a clerk;and !or other purposes.
Senator Millican of the 35th District o!!ered the following amendment to House Bill No. 543:
By adding a new section to be known as section 1-A and reading as follows:
"Be it further enacted that the provisions or this Act shall became law only it endorsed and approved

FRIDAY, MARCH 22, 1935.

1893

by the August,l935 and February,l936 Grand Jury of Clayton County."

The amendment was adopted.

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

On were

3thl,enapyasssaog.e

of

the

bill,as

amended,the

ayes

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

By Messrs.Bennett of Ware,Arnall of Coweta,Spivey of Emanuel and others-
House Bill No. 494. A Bill to be entitled an Act to provide that prescription shall not run against the owner or holder of a mortgage,or other instrument creating a lien on or conveying an interest in real or personal property as security for debts in favor of a person Who has actual or constructive notice of such instrument;and tor other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were Z7 ,nays o.

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

By Messrs.Grayson of Chatham,Culpepper of Fayette, Lanier and Harris of Richmond-
House Bill No. 449. A Bill to be entitled an Act to amend Section 95-2102,Chapter 95-21 of Title 95 of Code of Georgia of 1933,providing State Treasurer set apart monthly and hold sufficient funds to pay the Highway Department refunding cert1f1cates;and for other purposes.

The committee offered the following substitute to House Bill No. 449.

1894

JouRNAL OF THE SENATE,

A BilL
To be entitled an Act to provide for the payment of Highway Department refunding certificates or the State of Georgia,to validate all proceedings for the issuance to counties and the sale to the United States and others of such certificates and the use of the proceeds thereof,to provide for sinking funds,and make said certificates legal investments for trustees and others,and to declare a contract with holders or such certificates,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 so long as there shall be outstanding and unpaid anY certificates of indebtedness each designated as "State of Georgia Highway Department Refunding Certificates"i~sued by the Highway Department of the State or Georgia pursuant to the amendment to the Constitution of the State of Georgiaproposed by the General Assembly of Georgia by that certain Act approved on the 25th day of August,l931 (Georgia Laws,l93l,pp.97-101) and ratified in the manner prescribed by said Act at the general election held in the State of Georgia on the 8th Day of November,l932,and by virtue of that certain Act adopted and approved on the 1st day of March 1933 (Georgia Laws,l933,pp.l61-172),as amended by that certain Act adopted and approved on the 2nd day of March,l933, (Georgia Laws,l933 pp.l58-160). _(Hereinafter referred to as "the Certificates") taxes and revenues shall continue to be levied and laid and allocated and appropriated to the said Highway Department or to any department which by law may be the successor or the said Highway Department,and shall be collected,in amounts sufficient to pay the certificates as the same oecome due.
SECTION 2. That Title 95 ("Roads,Bridges and Ferries") of Chapter 95-21 ("Reimbursement of Counties by Highway Department") of the Code of Georgia be further amended by adding to said Chapter 95-21 a new section to be numbered Section 95-2113,and to read as follows:

FRIDAy, MARCH 22, 1935.

1895

95-2113. Use or certificates tor sinking funds ana legal investments-The certificates are hereby declared to be legal investments tor sinking :tunds purposes and legal investments tor Trustees,EXecutors or Guardians; The governing officials or said political subdivisions are hereby required by proper order to set aside in a sinking fund sufficient certificates,or those now owned by them or hereafter acquired,to pay the outstanding indebtedness tor Which
said certificates were issued,whether represented bY
bonds or otherw1se,provided same are not disposed or and proceeds used as otherwise set forth in this Chapter."

SECTION 3. Be it further enacted by the authority

aroresaid~that all proceedings for the issuance or

the gia

certificates to any and all proceedings

county or the State tor the sale thereof

obryGaenoyr--

such county to the United Statea or America and the

use or the proceeds thereof to finance or to aid in

financing or any project or projects included in the

comprehensive program or public works pursuant to

Title II or the National Industrial Recovery Act,ror

which any county might legally have authorized the

levy or a tax,be and the same are hereby validated,

ratified,~pproved and cont1rmedjand the certificates

held by ~e United States or Amertca,or any subse-

aqnudenlteghoalldoebr1sigoaitsiosunesdoar

nd/or sold the State

,sh or

all be binding Georgia and

shall be payable and secured in accordance w1th the

provisions or this Act,notwithstanding such certifi-

cates may not have been surplus certificates within

the meaning or the Act or March lil933,as amended,

and notwithstanding any procedura irregularities in

the proceeding tor such issuance or sale or the use

ot such pr()ceeds.

SECTION 4. Be it turther enacted by the authority aforesaid that it is hereby declared that the certificates evidence indebtedness assumed by the State or Georgia with the sanction or the people or Georgia; that there has rested and now rests upon the State an obligation to vest in the holders thereof irrevocable rights and re.medies;that it is the intention or the General Assembly to tulf111 such obligations; and tor such purposes the provisions or th~s Act

1896

JouRNAL or THE SENATE,

shall be and remain.a contract by the State of Georgia with any holder or holders or the certificates, notwithstanding that such holder or holders may have acquired the certificates prior to the date this Act shall.became effective.

SECTION 5. Be it further enacted that all laws and parts or laws 1n conflict herewith be and the same are hereby repealed.

senator Atkinson or the 1st District offered the following amendment to Substitute for House Bill No. 449:

By str.1k1ng from the last two lines of Section 2 the following:

"Provided same are not disposed or and proceeds used as otherwise set forth in this Chapter",and inserting in ~ieu thereof the following:

"and the remainder are hereby declared to be surplus certificates."

The amendment was adopted.

The substitute,as amended,was adopted.

The report or the cammittee,which was favorable to the passage or the bill,by substitute as amended, was agreed to.

On the passage or the bill,by substitute as amended,,the ayes were 35,nays 1.

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

By Mr.Darnell o! Pickens. House Bill No. 901. A Bill to be entitled an Act to create the office or Commissioner of Roads and . Revenues or Pickens County;and for other purposes.

The report or the coiiDD.1ttee,which was favorable to

the passage or the bill,was agreed to.



FRIDAY, MARCH 22, 1935.

1897

On the passage or the bill the ayes were 29,nays o.

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

By Mr .Henderson of IrwinHouse Bill No. 128. A Bill to be entitled an Act
to appropriate the sum or two thousand five hundred dollars :tor the purpose or erecting a marker on the property ~ed by the State in Irwin County where Jefferson Davis was captured;and :tor other purposes.

The report or the comm1ttee,which was favorable to the passage or the bill,was agreed to.
The roll was called and the vote was as :rollows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon Chappell Clark Darden Dennis Dickerson Edenfield
Evans Gary
Gaskins Goodwin

Harden o:t Holt Johnson or the 31st Johnston or the 39th K1ng Kirkland Lancaster Larsen Lester McGehee McGinty McLeod

McWhorter M11hollin Millican Ragan Rawlins Rucker Scott Simmons Skelton Smith Strickland Thomas Turner Vaughn wright

Verification or the r~ll call was dispensed with.
On the passage or the bill the .ayes were 4l,nays o.
The bill having received the requisite Constitutional majority,was passed.
By Messrs.R1vers ot Lanier and Parker or ColquittHouse Bill No. 511. A Bill to be ent1tled an Act
to provide tor a school year or seven months duration;and :tor other purposes.

1898

JouRNAL oF THE. SENATE,

Senator Jones of the 17th District offered an amendment which was lost.

Senator Dennis of the 28th District moved the previous question and the motion prevailed.

The report o:r the committee,which was favorable to the passage o! the bill,was agreed to.

On the passage ot the bill the ayes were 34,nays 1.

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

The following Conference Committee Report on House Bill No. 77,known as -the kidnapping :tor ransom Act was read and adopted:

Mr.President:

Your Committee on Con:rerence,appointed to consider House Bill No. 77,beg leave tQ report as follows:

Mr.President:

Mr.Spea.ker:

The conference committe~ o:r ~he. _House and SePI}.:te

having under consideration House Bill No.77 by Mr.

Thompson of Muscogee and-the Senate substitute by

Senator tion to

Kirkland both,a.re

of o:r

the the

4o9pitnh1ao:nrt,ethr agt iveainchg

considerahas valu-_

able features and to do :tull justice to the subject

your committee has consolidated the two into one

conference committee substitute.

Your committee therefore recommends that both the Senate and the House recede :trom their positions and the following be substituted :tor the whole:

"A Bill to be entitled,An Aet to change .the detift~ tion o:r kidnapping,to define the o:r:rense o:r kidnap.. ping :tor ransom,to provide punishment there:ror,to-repeal eon:tlicting laws and :tor other purposes. _-

FRIDAY, MARCH 22, 1935.

1899

SECTION 1. Be it enacted by the General Assembly ot the State ot Georgia,and it is hereby enacted by the authority or the same,that section 26-1601 or the Code ot Georgia ot 1933,be stricken,and that there be inserted in lieu thereof the following:
Kidnappii;tg defined-Any person who shall knowingly and unlawtUlly,seize,contine,inveigle,decoy,kidnap, entice,abduct,take,or carry away,to any place other than where such person is seized or carried away unlawtully,tor any purpose,w1th or without his will or consent shall be guilty or kidnapping.
SECTION 2. That Chapter 26-16 or the Code ot Georgia or 1933 which defines the ottenses ot kidnapping, inveigling children,enticing children tromth~ Georgia Industrial Home and harboring absconding children,and fixes the punishment theretor,be and the same is hereby amended by striking tram Section 261603 the following language:
provided,that kidnapping tor ransom shall be punishable by imprisonment and labor in the penitentiary tor not less than tour nor more than twenty years", so that said section 26-1603 or Chapter 26-16,When amended shall read as follows:
"26-1603. Punisbment-K1dnapping sha:ijl. be punishable by imprisonment and labor in the penitentiary tor not less than tour years nor more than seven years.
SECTION 3. That said Chapter 26-16 or the Code or Georgia or 1933 be and the same is hereby amended by adding anew section defining the ottense ot kidnaPping tor ransom to be numbered Section 26-1606,and to read as follows:
~1606. Kidnapping tor ransom defined- AnY person who shall seize or carrY away,abduct or steal away, or forcibly,or maliciously or tra.udulent:cy lead, take carry,entice,or decoy away,or who shall kianap, tmpr!son,incarcera.te,hold,hide or secrete,any person with the intent,or tor the purpose or demandlng or receiving ransom tor any such person,or with the intent,or ror the p~ose ot extorting,or demanding money,or other thing or value,trom such person or tram atunyrnoothr esrucphe-rspoenrBLoans, ashcoanlld!bteiognilttoltytheorr-e1dle.dansaepp1oDrgretor ransan. A failure to release any such person so

1900

JouR.NAL oF THE SENATE,

kidnapped within three (3) daYs tro.m the date ot ~ch kidnapping shall be prima tacie evidence that .such kidnapping was tor ransom."

SECTION 4. That said Chapter 26-16 ot the Code ot Georgia of 1933 be further amended by adding a new section prescribing the punishment tor kidnapping tor ransom, to be section No. 26-1607 and to read as follows:

"26-1607. Kidnapping tor Ransom,Punisbment- Kidnapping tor ransom shall be punished by deatb,which said punishment shall be inflicted in the manner now provided by law,unless the jury on the trial Shall recommend mercy, in which event the defendant shall be punished by imPrisonment tor lite."
SIOOTION s. That all laws and parts ot laws in con-
flict with this Act be and the same are hereby repea.Led.

_

Respectfully submitted,

Kirkland ot 49th District

Lindsay ot DeKalb

Vaughn ot 34th District

McGraw ot Meriwether

Atkinson ot 1st District On Part ot Senate

TonhoPmapsrotnoot tHMouUssec.ogee

By Mr.R1vers ot LanierHouse Bill No. 612. A Bill to be entitled an Act
to provide tree basal texts to the pupils in the public schools ot the State ot Georgia;and tor other purposes.

The report ot the comm1ttee,wh1 ch was tavorable to the passage ot the bill,was agreed to.
On the passage ot the bill the ayes were 28,nays o.

The bill having received the requisite Constitutional majority,was passed. By Mr .Milam ot Spalding-
House Bill No. 155. A Bill to be entitled an Act to regulate hunting ln thls State;and tor other purposes.

The committee ottered the tollow1ng amendments to House Bill No. 156:

FRIDAY, MARCH 22, 1935.

1901

1. By adding after the words "in possession" in the 5th line o! Section 1 o! the engrossed Bill,the following:
"Except by permission o! the Commissioner o! Game and Fish".
2. By striking in their entirety the following sections:
Section 3 Section 4 Section 12 By striking !ram the end o! Section 8 all o! that portion o! lines number 8,9,10 and 11 pertaining to the opening and closing o! the season on quail,as follows: And the open season !or shooting,k1lling or the possession o! quail in the State o! Georgia shall be !rom November 20th until February 20th o! the succeeding year inclusive.
3. By adding a new section to follow Section 11 o! the engrossed bill to read as follows: .
"Be it further enacted by the a,~_thority aforesaid that the proceeds !rom all fines and forfeitures arising tram the violation o! any game or !ish law shall be divided equally between the proper officers ot the trial court and the Department o! Game and Fish.
The committee further amends said bill by appropriately numbering all o! the sections o! the b111.
The amendments were adopted. The report o! the committee,which was favorable to the passage o! the bill,as amended,was agreed to. On the passage o! the bill,as amended,the ayes were 281 nays 7. The bill,as amended,having received the requisite Constitutional majority,was passed.

1902

JouRNAL oF THE SENATE,

The hour of convening of the joint session of the

General Assembly having arrived the President of the

Senate,accompanied by the secretary and Senators,pro-

ceeded to the Hall of the House of Representatives

and the joint session called for the purpose of ac-

cepting a flag,presented by the Georgia Wamants Demo-

cratic Club,was called to order by the President Pro

Tem.of the senate.



The joint resolution authorizing the joint session was read.
The dedication ceremonies followed. Mr.Harris of Richmond moved that the General Assembly in joint session do-now dissolve and the motion prevailed. The senate was called to order by Senator Lester of the 18th District. senator Larsen of the 16th District moved that the Senate do adjourn and the motion prevailed. Senator Lester of the 18th District announced that the Senate stood adjourned until 2 otclock,P.M.
AFTERNOON SESSION Senator RawlinS of the 45th District called the Senate to order.

Mr.Lester of the 18th District Chairman of the Committee on Appropriations,submltted the following report:

Mr.President: Your Committee on Appropriations have had under
consideration the following Bill and Resolution ot
the House and have instructed me as Chairmap,to report the same back to the Senate with the following recommendations:
House Resolution No. 23-138-A,do pass.

FRIDAy, MARCH 22, 1935.

1903

House Bill No. 323,do pass. Respectfully submitted, Lester of 18th District, Cbainnan.
Mr.Cooper of the 22nd 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 following recommen~ dations:
House Bill No. 988,do pass. House Bill No. 989,do pass.
Respectfully submitted, Cooper of 22nd District, Chairman.
Mr.Vaughn of the 34th District,Chairman of the Committee on Special Judiciary,subm1tted the following report: Mr.President:
Your Committee on Special Judiciary have had under consideration the following Bills of the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendations:
House Bill No. 26l,do pass. House Bill No. 286,do not pass. House Bill No. 193,do not pass. House Bill No. 25l,do not pass.
Respectfully submitted, Vaughn of 34th District, Chairman.

1904

JouRNAL OF THE SENATE, -

Mr.Cooper of the 22nd District,Chairman of the Committee on MUnicipal Government,subm!tted the following report:

Mr.President:

Your Committee on Municipal Government have had

under consideration the following Bill or the House

and have instructed me as Chairman,to report the

same back to the Senate with the following recommen-

dation:



House Bill No. 838,do pass,as amended.

Respectfully submitted, Cooper of 22nd District, Cbainnan.

Mr.Lancaster of the lOth District,Cbairman of the

Committee on Insurance, submitted the following re-

port:



Mr.President:

Your Committee on Insurance have had under consideration the following Bills and Resolution ot the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 29l,do pass,as amended. Senate Bill No. 115,do pass. Senate Bill No. 197,do not pass. Senate Resolution No. 67,do not pass. Senate Bill No. 123,do not pass. Senate Bill No. 189,do not pass.

Respectfully submitted, Lancaster of lOth District, Cha1rma.n.

Mr.Vaughn of the 34th D1strict,Chairma.n of the Committee on Special Judiciary,submitted the following report:

FRIDAY, MARCH 22, 1935.

1905

Mr.President: Your Committee on Special Judiciary have had under
consideration the following Bill or the House and have instructed me as Chairman,to report the same back to the Senate with the following recommendation:
House Bill No. 984,do pass. Respectfully submitted, Vaughn of 34th District, Chairman.
Mr.Skelton of the 30th District,Chairman of the Committee on General Judiciary No. !,submitted the following report: Mr.President:
Your Committee on General Judiciary No. 1 have had under consideration the following Bill or the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 483,do pass. Respectfully submitted, Skelton of 30th District, Chairman.
The following message was received from the House through Mr.Kingery,the.Clerk: Mr.President:
The Speaker has appointed Mr.Flynt or Spalding to the Committee or Conterence to succeed Mr.Sutton or Wilkes,resigned,in the consideration or the following resolution or the House,to wit: By Rivers of Lanier Harris and Barrett of Richmond-
House Resolution No. 12-13-A. A resolution proposing an amendment to the Constitution of Georgia to exempt from taxation a homestead not exceeding $5000 dollars in value,and for other purposes.

1906

JouRNAL OF THE SENATE,

The following message was received !rom the House through Mr .Kingery, the Clerk thereof: Mr .President:
The House has passed by the requisite Constitutional majority the following Resolution o! the House to w1 t: By Mr.Grayson o! Chatham-
House Resolution No. 251. A Resolution directing the Secretary o! State to cause Constitutional amendments to be published in one or more newspapers in each congressional district,!or two (2) months previous to the time o! holding the next general election,and !or other purposes.
The following message was received !rom the House through Mr.Kingery,the clerk thereof: Mr.President:
The House has adopted the report or the Committee o! Conference on the following bill o! the-House,to
wit:
By Messrs.Culpepper o! Fayette,Harris,Lanier and Barrett o! Richmond-
House Bill No. 90. A Bill to be entitled an Act to provide ror license anq excise taxes upon the business o! dealing in malt beverages;to allocate funds derived !ram such taxes,to provide !or. the enforcement o! this Act;to repeal laws in conflict with this Act,and !or other purposes.
The following message was received !rom the House through Mr .Kingery, the Clerk thereo!: Mr.President:
The House has passed by the requisite Constituwtioitn: al majority the following bills or the Senate to

FRIDAY, MARCH 22, 1935.

1907

By senator Scott of the 7th and Senator Lester of

the 18th District~



Senate Bill No. 48. A Bill to be entitled an Act

to amend Title 84 ("Pro!essions,Businesses,and

Trades"),Chapter 84-2 ("Accountants "} of the Code o!

Georgia of 1933,by providing for a State Board o!

Accountancy,and !or other purposes.

Th~ following message !ram the House was received through Andrew J.Kingery,Clerk:

Mr.President:

The House nas disagreed to the Conference Committee report on the following bill ot the House,to wit:

By Mr .Pound of HancockHouse Bill No. 807. A Bill to be entitled an Act
to provide !or the leasing and controlling of the Staters property in the city o! Chattanooga,Tennessee, not covered by th~ w.and A.R.R.,Lease;to create a commission to effectuate such purpose and define its powers and duties,and !or other purposes.

The Speaker has appointed as a Committee of Conference on the part o! the House to confer with a like committee on the part of the Senate,the following members o! the House,to wit:

Messrs.Bland o! Stewart, Sabados of Dougherty, and Claxton o! Johnson

The following message was received from the House through Mr.K1ngery,the Clerk thereof:

Mr.President:

The House has passed,as amended,by the requisite Constitutional majority the following bills of the Senate to wit:

By Senator Simmons of 8th District- Senate Bill No. 249. A Bill to be entitled an Act to increase the mileage o! the State Aid System o!

1908

JouRNAL oF THE SENATE,

Public Highways by the addition of a road ih .Decatur County known as the Bainbridge-Faceville-Chattahoochee,Florida road, also a road in Decatur County known as the Bainbridge-spring creek-Reynoldsville road;and for other purposes. By Senator Cooper of the 22nd District, Senate Bill No. 168. A Bill to be entitled an Act to regulate procedure in the courts of this State by providing for the trial of all cases at the first or appearance term where the parties consent thereto;and for other pur-poses. By Senator Millican of the 35th District-
Senate Bill No. 102. A Bill to be entitled an Act to amend an Act establishing a new Charter for the city of Atlanta,reducing the nmnber of wards from 13 to 6,reducing the membership of General Council,providing for salaries of members,providing for terms of offices ot Mayor,Councilmen,Aldermen and City Attorney,providing for method of filling vacancies in various offices,providing for election and term of Mayor Pro Tem.,providing for reduction in the membership of the Board of Education; and for other purposes. By Senator Lancaster of the lOth District-
senate Bill No. 131. A Bill to be entitled an Act to amend Chapter 56-5 entitled "4gents and Solicitors" of the Title 56 "Insurance" of the Code of Georgia of 1933;and for other purposes.
The following message was received from the House through Mr.Kingery,the Clerk thereof: Mr.President:
By the _requisite constitutional majority of twothirds of all the members elected to the House,the House has over-ridden the veto of His Excellency,the Governor,on the following Bill of the House,to wit: By Messrs.Grayson of Chatham,Rivers of Lanier,Harris, Lanier and Barrett of Ricbmond,McNall and Cohen of

FRIDAY, MARCH 22, 1935.

1909

CbathamLPound of HancockLJoel of Clarke,Zellner of Monroe,~reeman of Early HUrgin of Marion,and others.
House Bill No. 91. A Bill to be entitled an Act to propose to the qualified voters or Georgia,an Amendment to the Constitution of the State of Georgia,authorizing the levying of a tax for the payment of old age pensions,and tor other purposes.
The following message was received tram the House through Mr.Kingery,the Clerk thereof: Mr.President:
The House has passed by the requisite Constitutional majority the following bills or the Senate to wit: By Senator McGinty or the 43rd District-
Senate Bill No. 240. A Bill to be entitled an Act to amend an Act creating a Board or Roads and Revenues or MUrray County,and tor other purposes. By Senator Johnston at the 39th District-
Senate Bill No. 158. A Bill to be entitled an Act to provide tor the payment of a salar,y in lieu of tee to sheriffs in counties or thia State having a certain population,and tor other purposes. By Senator Pope of the 15th District-
Senate Bill No. 254. A Bill to be entitled an Act to amend an Act creating a new Charter tor the city ot Vidalia,Toombs County,and tor other purposes. By Senator J~n or the 39th District-
Senate Bill No. 253. A Bill to be entitled an Act to change the time or holding the February term or the Superior Court of Cherokee County,and tor other purposes.
By Senator Stmmons ot the 8th District-
Senate Bill No. 252. A Bill to be entitled an Act to amend an Act to create the Ottice ot Tax Commissioner tor Decatur County,and tor other purposes. By Senator Johnston ot the 31st District-
Senate Bill No. 182. A Bill to be entitled an Act

1910

JouRNAL OF THE SENATE,

to reduce the bond of the Sheriff of Stephens County; and for other purposes.

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

Mr.President:

The House has disagreed to the report ot the second conference committee an the following bill or the House to w1t:

By Mr .Pound ot HancockHouse Bill No. 807. A Bill to be entitled an Act
to provide tor the leasing and controlling of the State's property not covered by lease in Chattanooga; and tor other purposes.

The ~Peaker has appointed as a third committee ot conference on the part ot the House,on House Bill No_. 807, the following members of the House, to w1t:

Messrs.

Lindsay Adams o

t

ot F

rDaneKklailnb,1a

n

d

Hammock ot Randolph'

The following message was received tram the House through Mr.K1ngery,the Clerk thereof:

Mr.President:

The House has passed by the requisite Constitutional majority the following bills and resolutions ot the Senate to wit:

By Senator Edenfield of the 4th DistrictSenate Bill No. 122. A Bill to be entitled an Act
to regulate Communistic activities in the State of GeorgiaJand tor other purposes.

By Senator_Qhappell of the 13th DistrictSenate Bill No. 202. A Bill to be entitled an Act
to provide for the payment of the burial expenses ot Confederate pensione~s;and tor other purposes.

FRIDAY, MARCH 22, 1935.

1911

By Senator Atkinson of the lst,and Senator Lester o! the 18th District-
senate Bill No. 228. A Bill to be entitled an Act granting authority to the governing and taxing bodies or counties to levy a tax or license on businesses outside the corporate limits of municipalities. By Senators Lester of the 18th,Beasley of the 2nd, Jones of the 17th,Kirkland of the 49th,Dickerson of the 5th,Edentield of the 4th,and Strickland ot the 3rd District-
Senate Bill No. 234. A Bill to be entitled an Act to establish and define the Okefenokee Trail;to provide for the identification thereof;and for other purposes. By Senator Redwine of the 26th District-
Senate Bill No. 6. A Bill to be entitled an Act to amend Title 92, ("Public Revenue"),Part IX, ("Income Taxes"),Chapter 92-33 ("Payment;Deficiencies;Assessment and Collection") Section 92-3309 ("Percentage of Revenue Collected to be retained for-Refund 11 ),by repealing said Section 92-3309 and enacting a new section to provide for annual appropriations for refunds of income taxes illegallY collected under said title. By Senator Edenfield of the 4th District-
Senate Bill No. 106. A Bill to be entitled an Act to amend Title 43 (11Forestry and Geology"),Chapter 43-2 (11Forestry and-State Forester0 ),o! the Code of Georgia or 1933,by adding a new SeGtion authorizing the State Connnission of Forestry and Geological Development to establish State Parks;and for other purposes. By Senator Millican of the 35th District-
Senate Bill No. 214. A Bill to be entitled an Act to amend Sections 26-630l ~d 26-6302 ot the Penal Gode or 1933 which provides in each section that the punishment therein shall be as tor a misdemeanor for the sale of obscene 11terature,p1ctures,etc;and !or other purposes.

1912

JouR.N"'L OF THE SENATE,

By Senator Chappell or the 13th District-

- Senate tliat the

Resolution No. highways known

a9s6.uA.sR. e8s0olauntdion28t0o,wphriochvide

begin at Savannah Beach,thence through the Cities o!

Savannah,McRae,Cordele ,Americus,tenninating at Co-

lumbus,shall hereafter be known and designated and

maintained as the "Crisp Military Highway.

The following bills or the House,!avorably reported-by comm1ttees,were read the second time:

By Mr.Terrell of Warren- House Bill No. 261. A Bill to amend the Code o! Georgia or 1933 by striking !ram Section 24-1707 the last !ive words,"as Clerk,and no more, and insert therein the !ollewing words 8 durtng said vacancy, and for other purposes.

By Messrs.Ennis and Allen o! Baldwin,and Oyer o! Coweta-
House Bill No. 323. A Bill to provide !or the pur~ chase by the Prison Commission or 301 acres or land for the use of State Prison Farm at Milledgeville; and for other purposes.

By Hr .Zellner of MonroeHouse Bill No. 483. A Bill to provide tor the con-
tinuous succession ot corporations created tor churches and schools;and tor other purposes.

By Mr.Teasley o! CherokeeHouse Bill No. 984. A Bill to change the time o!
holding tile Superior Court ot Cherokee County;and tor other purposes.

By Mr.BrookB ot JacksonHouse Bill No. 988. A Bill to amend an Act estab-
lishing the City Court of Je!!erson;and !or other purposes.

By Mr.Preston of Bulloch- House Bill No. 989. A Bill to amend an Act which created a new charter !or the city o! Statesboro; and for other purposes.

FRIDAY, MARCH "22, 1935.

1913

The following bill of the Senate,tavorably reported-by co~ttee,was read the second time: By Senators Jones of the 17th District,and Atkinson ot the 1st District-
Senate Bill No. 115. A Bill to authorize recoveries on account of personal injuries resulting !ro.m the negligent operation or motor vehicles;and for other purposes.
The following resolutions of the House,favorably reported by the committee,was read the second time: By Hessrs_.Ennis and Allen of Baldwin-
House Resolution No. 23-138-A. A Resolution appropriating to the Mayor and Alderman of the City of Milledgeville $7265.~ tor the redemption of paving bonds;and for other ptirposes.
The following resolution of the Senate was read and adopted by a unanimous rising vote: By Senator Lester of the 18th District-
Senate Resolution No. 118. A Resolution. BE }:T_RESQLVED BY THIS SENATE:WHEREAS,in the Honorable Charles D.Redwine,President of this body for the years 1935 and 1936, this Senate has a most able and revered presiding o!ficer,and, WHEREAB,it is desired tnat there be preserved for tuture generations a likeness of said presiding officer in order that future members of this body may be reminded or the esteem in which said presiding officer is held by this Seriate, THEREFORE,BE IT RESOLVED by this Senate that the Honorable Charles D.Redwine be requested to furnish this body with a portrait in oils of himself,and, BE IT RESOLVED FURTHER that said oil portrait,when so rurnished,shall be suitably suspended in these Chambers under the direction of the Secretary.

1914

JouRNAL OF THE SENATE,

A communication from His Excellency,the Governor, was received through the Executive Secretary,Hon. carlton Mobley.
The following bills of the House were read the third ttme and put upon their passage:
BY Messrs.Lanier,Harris and Barrett of Richmond-
House Bill No.530. A Bill to be entitled an Act to amend Section 95-2112 ot Chapter 95-21 of 1933 Code of Georgia,so as to authorize certain Counties to sell and/or use surplus certificates ot indebted-
ness of the Highway Department to purchase state
adopted school books for elementary grades, to be loaned free or charge;and tor other purposes.
Senator Lester ot the 18th District offered the following substitute:
A SUBSTITUTE FOR HOUSE BILL NO. 530 By Lester Of The Eighteenth
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEDRGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION 1. That Section 95-2112 ot chapter 95-21 ot the Code or Georgia of 1933 be and the same is hereby amended by adding at the end ot said section the t ollowing:
"Providing further that in all those counties having a population of not less than 72,500,or mo~e
than 77,000,according to the u.s.census ot 1930,or
any subsequent u.s.census,the county authorities having control of the services of the Highway Department of the State ot Georgia are hereby autho~ ized,empowered and directed to sell tram the surplus ot said certificates ot indebtedness of the Highway Department enough of such certificates to be able to realize the sum ot $40,000.00,wh1ch sum shall be turned over to the Board otEducation ot Richmond County tor the purpose of supplying free school mboonod~ , to the ele mentary grades in the County of Rich-

FRIDAY, MARCH 22, 1935.

1915

such section after being amended shall read as follows:
"95-2112. sale or certificates. said political subdivisions are hereby authorized to sell any or the said certificates or indebtedness or said Highway Department tor the p~pose or paying any of said bonded indebtedness,or. if acquiring or retiring any ot said outstanding,'b_onds hereinbefore referred to, or tor the purpose of investing the proceeds of the same in securities now approved b,y law,ror the purpose or placing the same in the sinking fund or said' counties or highway districts,and to sell and/or-use a.ey surplus thereof tor any other proper and legal county purpose;Provided,that in the event or sale the same shall not be discounted at a rate exceeding five per cent. per annum. Provided further that in all those counties having a population or not less than 72,500 or more than ??,OOO,according to the u.s.census Af 1930,or any subsequent u.s.census,tbe county authorities having control or the services or the Highway Department or the state of Georgia . are hereby authorized,ampowered and directed to sell tram the surplus o:r said certificates o:r indebtedness or the Highway Department enough or such certificates to be able to realize the sum or $40,000.00, which sum shall be turned over to the Board or Education or Richmond county for the purpose o:r supplY~ ing tree school books to the elementary grades in the County of Richmond."
SECTION 2. Be it further enacted by the ~uthQrity aforesaid that the said county Commissi~ners or Richmond County shall not be ltmited to the rate of discount of 5%, but are authorized to make sale or a sufficient amount or certificates to realize the sum o:r $4_0,000.00 as provided herein whenever 1n the opinion or the Commission a reasonable price can be obtained for such certificates, the said sum or $40,000.00 being :lnmediatel.y turned over to the Board or Education tor the purpose ot suppl.ying the school children in the elementary grades or Richmond Cotmty with free textbooks.

1916

JouRNAL oF THE SENATE,

SECTION 3. Be it further enacted by the authority aforesaid that the term elementary grade as used in this act shall mean all grades in the public schools of Richmond County,inclusive of and below the seventh grade.

SECTION 4. Be it turther enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed.

lhe substitute was adopted.

The report o! the committee,Which was favorable to the passage of the bill,by substitute,was agreed to.

On
were

3thl,enapyasssaog.e

of

the

bill, by

substitute, the

ayes

The bill~by substitute,having received the requisite Constitutional majority,was passed.

By Messrs.Lanier,Harris and Barrett of RichmondHouse Bill No. 532. A Bill to be entitled an Act
to appoint and designate the Board of Education o! Richmond County;and !or other purposes.

Senator Lester or the 18th District offered the following substitute:

A SUBSTITUTE FOR HOUSE BILL NO. 532

By Lester Of The Eighteenth

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

SECTION 1. That from and atter the passage o:r this Act,the Boardo! Education o! Richmond County is hereby appointed the body to administer all !unds derived !ram the sale o! any surplus certificates o! indebtedness or the State Highway Board or Georgia by the County authorities or Richmond County ror the purpose of buying school books and furnishing the

FRIDAY, MARCH 22, 1935.

1917

same free to the elementary grades in the school system of Richmond County.
SECTION 2. Be it further enacted by the authority aforesaid that it shall be the. duty of the Board of Education of Richmond County to receive such funds and out of such funds to provide all necessary school books tor every child who is a resident of Richmond County and who is a pupil of any of the elementary grades of the public schools of Ricbmond County,the same to be :f'Um.lshed to all such puplis tree of charge.
SECTION 3. Be it further enacted by the authority aforesaid that the Board of Education of Richmond County is hereby authorized to promulgate and enforce such rules and regulations as are necessary for the furnishing of free books to all children of Richmond County in the elementary grades.
SECTION 4. Be it further enacted by the authority aforesaid that the said Board of EduCation of Richmond County shall have the further power to make contracts for the purchase of second hand or used school books for use in the elementary grades as provided herein.
SECTION 5. Be it further enacted by the authority aforesaid that the said Board of Education of Richmond County shall not have authority to purchase any school books which have not been regularly adopted by the Board of Education of the State of Georgia and the necessary supplementary books that have been or shall be adopted by the said Board of Education or Georgia tor use in this State.
SECTION 6. Be it further enacted by thee authority arore~id that the term elementary grades as used in this Aet Shall mean all grades in the public schools of Richmond County inclusive or and below the seventh grade.
SECTION 7. Be it further enacted by the authority aforesaid that all laws and parts of laws in confliCt herewith are hereby repealed.

1918

JouRNAL oF THE SENATE,

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 30,nays 0. The bill,by substitute,having received the requisite constitutional majority,was passed.

Senator Lester of the 18th District asked unanimous consent that House Bills No.530 and No. 532 be immediately transmitted to the House and consent was granted. By Messrs.Ramsey,Hartsfield and Almand of Fulton-
House Bill No. 838. A Bill to be entitled an Act to amend an Act approved August 13th,l924,establishing pensions for members of the Fire Department in cities of 150,000 or more;and for other purposes.
Senator Millican of the 35th District offered the following amendment:

By striking out Section 6 in said bill in its entirety and also strike out Paragraph 3 of Section 7 which reads as follows:
"The tax provided by this section shall go as a credit on the amount raised by Section 9-A above so that an amount equal to the amount raised by this section (Section 10) shall be released from the fund arising under Section 9-A above to such cities for general purposes."

The amendment was adopted.

The report of the comm1ttee,which was favorable to the passage of the b1ll,as amended,was agreed to.

On
were

3t hl ,en apyasssaog. e

of

the

bill,as

amended,the

ayes

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

FRIDAY, MARCH 22, 1935.

1919

Senator Hart of the 36th District moved that the Senate disagree to the adverse report of the committee on House Bill No.811 and that it be given a second reading.

The motion prevailed.

The following bill of the House was read second time:

By Messrs.Rivers of Lanier,Harris of Richmond and Watson of Paulding-
House Bill No. 811. A Bill to be entitled an Act to authorize the municipalities and counties in this State to construct water works,sewers,etc.;and for other purposes.

By Messrs.Rivers of Lanier and Daughtry of WilkinsonHouse Bill No. 856. A Bill to be entitled an Act
to provide for the purchase by the State of Georgia, a sufficient number of copies of the code of Georgia of 1933;and for other purposes.

Senator Evans of the 29th District moved that the bill be tabled.

The motion was lost.

Senator Chappell of the 13th District moved the previous question and the motion prevailed.

The report or the committee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill,it involving an appropriation,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Cannon carrington

Chappell Clark Dennis Dickerson

Duncan DUPree Edenfield Gaskins

1920

JouRNAL or THE SEN~TE,

Goodwin Harden Hart Holt Jones King . Kirkland

Lancaster Lester McGehee McGinty McLeod M1lhollin Ragan

Rawlins Rucker Scott S1nmons Skelton Strickland Thomas Wright

Those voting in the negative were Senators:

Beasley

Evans

Larsen

Verification ot the roll call was dispensed with.

The ayes were 34,na.ys 3.

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

Not voting were senators Cooper ot the 22nd Dis-

trict Crawford of the 42nd District,Darden ot the

51st Distr1ct,Gary of the 12th Distr1ctLJohnson of

the 31st District,Johnston ot the 39th District,

Kiker of the 41st Distr1ct,McWhorter ot-the 19th

D15itsht,rDicits1~Mic1tll,iScma1ntho

t

th of

e 35th D the 24th

istrict,Pope District,Tur

of ne

t r

he of

the 32nd District and Vaughn of the 34th District.

The following reporto:r the Conference CCIDDl!ttee on House. Bill No. 90 was read and adopted:

Mr.President:

Mr.Speaker:
Your Camn1ttee on Conference on House Bill No. 90
begs leave to submit the following- report,to wit:

Your committee has agreed as follows:

1. That the House recede from its position on senate amandment No. 1.

FRIDAY, MARCH 22, 1935.

1921

2. That the House recede !ram its position on Senate amendment No. 2.

3. That the House recede !rom its position on Senate amendment No. 3.

4. That the House recede !rom its position on Senate amendment No. 4.

5. That the Senate recede !ram its position on Senate amendment No. 5. and that this amendment be not adopted.

6. That the House recede !ram its position on Senate amendment No. 6.

7. Tbat the House recede !rom its position on Senate amendment No. 7.

a. That the
ate amendment

HNoou. sae .recede

!ram

its

position

on

Sen-

9. That the House recede !rom its position on Senate amendment No. 9.

Respectfully submitted, Kirkland o! 49th District Culpepper or Fayette Cooper ot 22nd District Watson or Paulding Johnston or 39th District Williams ot Coffee On the part of the Senate On the part of the House

By Messrs.Bennett ot Ware,Harris of Richmond and others-
House Bill No. 492. A Bill to be entitled an Act to provide that the finding or judgment o! a court ot competent jurisdiction in a proceeding to test the sanity and mental capacity or a person shall, on date or rendition,be conclusive o! sanity and mental capacity;and tor other purposes.

The report ot the co~ttee,which was favorable to the passage ot the b1ll,was agreed to.
On the passage or the bill the ayes were 27,nays o.

1922

JouRNAL OF THE SENATE,

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

The following resolution of the House was taken up tor consideration:

By Mr.Williams ot JonesHouse Resolution No. 31-197-A. A Resolution provid-
ing tor the refund of $157.50 to the Bank ot Gray, Gray, Georgia, on account or peach stamps purchased under the Act or 1927 regulating the grading and marking of peaches and apples.

The report or the coiiimi ttee,which was t avorable tothe passage or the bill,was agreed to.

On the passage of the bill,it involving an appropr1at1on,the roll was called and the vote was as follows:

Those voting in the arr1rmat1ve were Senators:

Almon Atkinson Beasley Cannon Chappell Cooper Darden Dickerson
Duncan
DuPree Edenfield Evans Gaskins

Goodwin Harden Hart Johnson of the 31st Johnston ot the 39th Jones King Kirkland Lancaster Larsen Lester McGehee

McGinty McLeod Milhollin Millican
Ragan
Rawlins Rucker Scott Simmons Skelton 'Strickland Thomas Vaughn Wright

Verit1cat1on ot the roll call was dispensed with.

The ayes were 39,nays 0.

The resolution having received the requisite Con_stitutional majority,was passed.

FRIDAY, MARCH 22, 1935.

1923

Not voting were Senators Carrington or the 27th District,Clark of the 44th Distr1ct,Crawtord or the 42nd Distr1ct,Dennis or the 28th District,Gary or the 12th District,Holt or the 48th District,Kiker or the 41st District!McWhorter of the 19th Distri.ct, Pope or the 15th uistrict,Sm!th or the 24th District and Turner or the 32nd District.

The following bills or the House were read third ttme and put upon their pass~ge:

By Mr.Garrett or Carroll-

.

House Bill No. 340~ A Bill to be entitled an Act

to prevent the spread or Hydrophobia,or Rabies;and

tor other purposes.

The comm.1 ttee orrered the following amendment:

By striking out the first paragraph or Section 3 ending with the words "this Act" and insert in lieu thereof the following_:. -"Be it further enacted that the County Board or Health in such counties that have same and in all other counties the Board or County Commissioners shall be and 1s authorized to appoint some competent person who shall have charge ot the administration or the vaccine provided in this Act."
Senator Millican or the 35th District offered the following amendment:

By adding at the end or Paragraph 3,Section 1 the following: "and/or in lieu or the foregoing words in this sec~ion that the County Board or Health in counties having such or the Board or County Commissioners may desi~te a person,rirm or corporation to buy back same at the lowest available competitive price and shall have the right to have administered such vaccine."

Both the comm1ttee amendment and the amendment by Senator Millican were adopted
The report or the comm1ttee,wh1ch was favorable to the passage or the bill,as amended,was agreed to.

1924

JouRNAL or THE SENATE,

On were

3th7e,napyasssaog.e

of

the

bill,as

amended,the

ayes

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

By Mr.Williams or JacksonHouse Bill No. 624. A Bill to provide ror the pay-
ment or fees or the Justice or Peace and Constable in criminal cases out or County runds;and ror other purposes.

senator Skelton or the 30th District moved that the bill be tabled and the motion prevailed.

By Messrs .Lew1 s of Burke and Townsend of DadeHouse Bill No. 457. A Bill to be entitled an Act
to provide a method or licensing new charitable agencies,institutions and societies providing care ror dependent or defective persons;and for other purposes.

The report or the cammittee,which was favorable to the passage or the bill,was agreed to(

On the passage or the bill the ayes were 33,nays 4.

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

By Mr .Milam or SpaldingHouse Bill No. 147. A Bill to be entitled an Act
to perm!t trapping or fur-bearing animals by means or steel traps;and ror other purposes.

The report or the committee,which was favorable to the passage or the b1ll,was agreed to.
On the passage or the bill the ayes were 30,nays o.

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

The Senate went into Executive Session which lasted approximately fifteen minutes.

The President Pro Tem.called the Senate to order.

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

FRIDAY, MARCH 22, 1935.

1925

By Messrs.Guess of DeKalb,Arnall of coweta and Culpepper of Fayette-
House Bill No. 440. A Bill to be entitled an Act to provide for ball and security in cases involving a violation of the motor vehicle laws of Georgia wherein the offense charged 1s not beyond the degree of m1sdemeanor;and for other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the blll,was agreed to.

On nays

the
1.

passage

of

the

bill

the

ayes

were

26 1

The bill having received the requisite Constitutional major1ty,was passed.

By Messrs.Bennett of ware,Dorr1s of Cr1sp,Rawl1ns of Ben Hill and Musgrove of Clinch-
House Bill No. 733. A Bill to be entitled an Act to prov1d.e for and regulate the sale of furs and the licensing of fur dealers;and tor other purposes.

The report or the comm1ttee,which was favorable to
the passage of the blll,was agreed to.

on nays

toh. e

passage

or

the

bill

the

ayes

were

331

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

Senator Vaughn of the 34th District moved that the Senate disagree to the adverse report of the canmittee on House Bill No. 862 and tnat it be read a second time.

The motion prevailed.

The following bill o:r the House was read second time:

By Mr.Cobb o:r ClarkHouse Bill No. 862. A Bill to be entitled an Act

1926

JouRNAL OF THE SENATE,

to establish an examining board to set the standards and certify the qualifications of all probation and parole officers who serve the State of Georgia;and for other purposes.

Senate Bill No. 13l,by senator Lancaster of the lOth District,a bill relative to insurance companies,was called up for the purpose of considering the following House amendments thereto:

Mr.Dobbins of Morgan offered the following amendment:

By adding after the second sentence of proposed Code section 56-508(Section l,of said Bill)the following: "if the cam~ bas an agent,resident in the county in question, so that the said sentence,when amended,shall read as follows:

"Provided that no contract bond shall be issued by any company,except through an agent,resident of the county in which the work under contract is located,if the com~ bas an agent,resident in the county in question.

Mr.Pound of Hancock offered the following amend-

ment:



By amending Section 56-508 (a) by adding 1mmediately after the words nfee of $10.00" in the third line,the words "to be paid by agent".

Hr.Dobbins of Morgan offered the following amendment:

By striking fram Section 1 of the Bill (proposed Section 56-508 of the Code) the following tram the fifth sentence of said proposed Code Section:

"nor to poltcies of mutual insuranc~ companies on

which no commissions are paid, 1 so that said fifth

sentence of the said section when so amended shall

read as follows:



FRIDAY, MARCH 22, 1935.

1927

"This Section shall not apply to policies coverrng property in transit while in the custody of any common carrier or to rolling stock of any common carr1er,nor to cotton insurance issued under a per bale reporting fonn of coverage."
And adding after the word "State" at the end of the sixth sentence of the said Code Section,and as a part of the said sentence,the following:
"but shall include resident agents of mutual insurance companies however compensated," so that said sixth sentence when so amended shall read as follows:
"The words tresident agentt as used in this Section are deemed to mean resident agents engaged in the solicitation of such business from the public generallY and shall not include any salaried employee ot any insurance company doing business 1n this State: but shall include any agents of mutual insurance companies however compensated."
Mr. Thompson of Muscogee offered the following amendment:
By amending Section 1 of the said Bill (proposed Section 56-508 (e) of the Code) as follows:
By striking from the second sentence of the said proposed Code Section the following words:
"restrict their membership to any particular class ot agent;to provide for non-interchange ot business between members and non-members and to" so that the said proposea Code Section 56-508 (e) when so amended shall read as follows:
"56-508 (e)_. Agency Associations. Associations may be formed or maintained by all or any class ot the regularly licensed insurance agents referred to in this Act tor the purpose of maintaining the ethics of the profession and forwarding their aims. It

1928

JouRNAL OF THE SENATE,

shall be lawful for such associations to make and enforce by-laws deemed by such associations needful to carry out such purposes."
The senate agreed to the House amendments to Senate Bill No. 131.
Senate Bill No. 102,by Senator Millican of' the 35th District, a Bill to amend an Act establishing a new charter for the City of' Atlanta reducing the number of' Wards from thirteen to six; and for other purposes,was taken up for the purpose of' considering the House amendment thereto.
Messrs.Almand,Ramsey,Hartsf'ield of' Fulton,Lindsay, Guess an~ Ansley of' DeKalb offered the following amendment:
8Y striking sections 1,2,3,4,5,6, and?, being all
of the sections of said bill under the title thereof', and inserting in lieu thereof the following:
"Section 1. The General Manager of Water Works of the pity of Atlanta shall in-the future be elected by a majority vote of General Council on the first Monday in September,l93?,for a period of three years, to take office January 1, 1928,and tenns and elections shall be every three years thereafter in the same manner.
Section 2. Be it further enacted that Section 19? of the City Code of Atlanta of 1924,which provides for the election of the General Manager of water Works of Atlanta,is hereby repealed. Such parts of' Sections ?8 and 4?0 of the Oity Code of' Atlanta of 1924 in so far as they are in conflict with the foregoing amendment are repealed."
The senate agreed to the House amendment to Senate Bill No. 102.
Senate Bill No. l68,by Senator cooper of the 22nd District,a Bill to regulate procedure in the courts of this State by providing for the trial of all

FRIDAY, MARCH 22, 1935.

1929

cases at the first or appearance term where the parties consent thereto;and for other purposes,was taken up for the purpose of considering the House amendment thereto.

The committee offered the following amendment:

By inserting in the first line in Section One tmmediateJ.y after the word "cases" the following words, "whether in law or equity" so that when amended said.
Section one shall read as follows:

"Section 1. That all cases,whether at law or in equity,in the Courts of this State may be tried at the first or appearance ter.m,provided the .same is ready for trial,upon the consent of the parties thereto,which consent shall be entered upon the docket of the Court."

Further amends said Bill by adding thereto another Section immediately preceding the repealing section to be appropriately unnumbered and to read as follows:

"Be it further enacted that if any sentence,pro-

vision,or paragraph of this Act be construed as in-

valid or unconstitutional, that it shall in no way

affect the validity or constitutionality of the re-

maining sentences,provisions or paragraphs of this

Act."



The Senate agreed to the House amendment to Senate Bill No. 168.

senate Bill No. 194 by Senator carrington of the 27th District, A Bill relative to the addition ot mileage to the State Aid Road System in the counties of Barrow and Hall,was called up for the purpose o:r considering the following House Substitute thereto.

The committee offered the following Substitute:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the mileage of the State Aid Sys-

1930

JouRNAL oF THE SENATE,

tem of Roads be and the same is hereby increased by the addition thereto of a road between Winder,Georgia in Barrow County and Chestnut Hill in Hall County,Georgia,leading by County Line Consolidated School and Thampsonrs Mill and being approximatelY fifteen miles in length.
Section 2. That the state Highway Department is authorized and empowered to designate said road as a part of the State Aid System of Roads and as soon as practical to provide for the maintenance,construction and improvement of said road in the way and manner provided by law.
Section 3. That all laws and parts of laws in conflict with this Act be and the same is hereby repealed.
The Senate agreed to the House Substitute for Senate Bill No. 194.
Senate Bill No. 249, by Senator Simmons of the 8th District, A Bill to increase the State Aid System of Public Highways by addition of a road in Decatur County,was taken up for the purpose of considering the following House amendment thereto:
AMENDMENT TO SENATE BILL NO. 249. Mr. Johnson of Seminole moves to amend Senate Bill No. 249 by adding to section I of said bill the following: After the word "Reynoldsville" in the sixth line of said Section I,add the following words: "And in Seminole County extending fram Reynoldsville to Butlerrs Ferry on the Chattahoochee River." and to substitute the numeral 28 for the numeral 18 in the seventh line of said section. He further moves to amend said section I by adding at the end thereof the following:

FRIDAY, MARCH "22, 1935.

1931

"Also a road in Seminole County,Georgia,extending tram Donalsonville via Desser to the Spring creek road above described,about sixteen miles in length."

Said Section I as thus amended will read as follow~

"That from and after the passage and approval or this Act the State Aid System or Public Highways or Roads shall consist or those now provided by law,and in addition thereto a State Aid Road or Highway in Decatur Cottnty known as the Bainbridge-FacevilleChattahoochee.,Florlda road,and being about twentytwo miles in length;also a road in Decatur County known as the Bainbridge-spring creek-Reynoldsville and in SernJnole County extending tram Reynoldsville to Butlerts Ferry on the Chattahoochee River,road, and being about twenty-eight miles in length;also a road in Seminole County,Georgia,extending tram Donalsonville via Desser to the Spring Creek road above descrlbed,about sixteen miles in length: 11

The Senate agreed to the House Amendments to Senate Bill No. 249.

senator Cooper or the 22nd District asked unani-

mous consent that House Bill No. 988 be recommitted

to the Committee on ~runicipal Government and consent

was granted.

BY Messrs.Claxton or Johnson,Rawlins of Ben Hill,

Booth or Barrow and others-

House Bill No. 107. A Bill to be entitled an Act

to provide tor the payment or a license by all per-

sons fishing within the State of Georgia;to prescribe

penalties tor the violations of this Act;and tor

other purposes.



The committee offered the following substitute:

SUBSTITUTE FOR HOUSE BILL NO. 107

A BILL

To be entitled an Act to require the payment by non-residents or this State or an annual license tee tor the privilege of fishing in the waters of this State;to fix such fees and provide for the sale or

1932

JouRNAL or THE SENATE,

lieensesito provide for the distribution or the
~~gjti~ss!g~ ~l~a~~~~~l ~~i~iX~~:gAto~rg~g~~be
purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GIOORGIA: SECTION 1. That from and after the passage and.ap-
proval or this Act, it shall be unlawful tor any nonresident or this State to fish in any or the streams, lakes,ponds,or other waters or this State,whether fresh or salt,without first obtaining a license so to do from the Commissioner of Game and Fish.
SECTION 2. That each non-resident or this State who desires to exercise the privilege or fishing in any or the waters or this State shall obtain from the Commissioner or Game and Fish a license and pay thereror,a license tee or $5.50. Every such license shall bear date or April or the year in which issued and shall expire on March 31 o:r the following year. The Commissioner or Game and Fish is authorized to employ or designate agents for the sale or such licenses at such points as in his discretion may be necessary,and to allow such agents as compensation tor their services,not exceeding 10% or the ree paid tor each such license.
SECTION 3. That all funds received troin the sale or such licenses,less the compensation allowed to the agents selling the same, shall be set apart in a special fund and shall be used exclusively for the operation or the present fish hatcheries now operated by the Commissioner or Game and Fish and ror the establfsbment and operation or other hatcheries and for the distribution or fish from such hatcheries to restock the waters or this State,and to police the streams and waters or this State and ror the enforcem..ent or the laws regulating fishing
SECTION 4. This Act is hereby declared to be enacted by the General Assembly or Georgia for the :conservat1on of the natural resources or the State.
SECTION 5. Any person who shall violate any provision or this Act or any non-resident of this

FRIDAY~ MARCH 22, 1935.

1933

State who shall fish in any of the waters of this State without first obtaining a license as herein required,shall be guilty of misdemeanor.

SECTION 6. That all laws and parts of laws in conflict with this Act be and the same is hereby repealed.

The substitute was adopted.

The report of the cammittee,which was favorable to the pass~ge of the bill,by substitute,was agreed to.

On were

3th7e,napyasssaog.e

of

the

b1ll,by

substitute,the

ayes

The bill,by substitute,having received the requisite constitutional majority,was passed.

By Mr .Harris of RichmondHouse Bill No. 485. A Bill to be entitled an Act
~o amend Section 113-2004 of the Code so as to authorize the Ordinary to make allowances to administrators;and for other purposes.

'The report of the committee,which was favorable to the passage of the bill,was agreel to.

On the passage of the bill the ayes were 29,nays 0.

The bill having received the requisite Constitutional majority,wa.s passed. By Mr.Ca.mpbell of Newton-
House Bill No. 525. A Bill to be entitled an Act to regulate parking motor vehicles and other vehicles on State Aid Roads;to prescribe penalties for violationa or this Aet;and tor other purposes.

The report ot the comm1ttee,wh1ch was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 3l,nays o.

1934

JouRNAL OF THE SENATE,

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

Senator Scott of the ?th District asked unantmous consent that further consideration or House Bill No. 701 be deferred and cons~nt was granted.

By Mr.Parr or TaylorHouse Bill No. 792. A Bill to be entitled an Act
to regulate the marketing or eggs,to provide tor registration of all dealers who offer eggs for sale; and r or other purposes.

The report of the cammittee,wh1ch was favorable to the passage or the bill,was agreed to.

On the passage or the bill the B\}'es were 3l,nays 3.

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

The following privileged resolutions were read

and adopted:



By senator Vaughn of the 34th DistrictA Resolution extending the privileges of the floor
to the charming wife and daughter of Senator Holt or the 48th District.

By Senator Kirkland of the 49th DistrictA Resolution extending the privileges of the floor
to Mr.Qeorge W.DuPree,wife of the Senator from the 21st District. By Senator scott of the 7th District-
A Resolution. extending the privileges or the floor
to Hon.W.E.Beverly of Thomasv1lle,Georg1a.

By Senator Beasley ot the 2nd DistrictA Resolution extending the privileges or the floor
~o Mr.A.G.Pinkston of Ludowici,Georgia.

By Senator Beasley of the 2nd DistrictA Re~olut1on extending the privileges or the floor
toMrs.W.A.Rimes and Miss Ruth Martin or Ludowici, Georgia.

FRIDAY, MARCH 22, 1935.

1935

By Senator Strickland of the 3rd DistrictA Resolution extending the privileges or the floor
to Mrs.T.W.Reed ot Athens,Georgia,President ot the qeo~g~~ Division or the United Daughters or the Contederacy,and wife or the Reg1stra or the University or Georgia.

By senator Rawlins or the 45th DistrictA Resolution extending the privileges or the floor
to Hon.H.R.Edmunson,Solicitor of the City Court ot Ga1nesville,Georgia.

By Senator Smith or the 24th DistrictA Resolution extending the privileges of the floor
to Mr. and Mrs. G.W.Millican,mother and rather or the senator or the 35th District.

senator scott or the 7th District moved that the Senate adjourn and the motion prevailed.

Senator Rawlins of the 45th District,President

Pro Tam. ot the stood adjourned

suanntaitle~ianonooountccleodckthtaotmtohrreowsemnaotren-

ing.

1936

JouR.NAL or THE SENATE,

Senate Chamber, Atlanta, Georgia. Saturday, March 23, 1935.
The Senate met pursuant to adjournment, at 9:00 o'clock A. M. th!s day and was called to order by the President.
Prayer was o:r:rered by the Chaplain. The following resolution or the Senate was read and adopted: By Senator McWhorter o:r the 19th DistrictSenate Resolution No. J.l9.
A RESOLUTION Whereas this Senate has been seventy days in session dealing with the affairs o:r State, and Whereas there has prevailed the utmost spirit o:r :friendliness and tolerance between the Senators as individuals and we shall part without any :reeling ot rancor or bitterness one toward another., and Whereas as we go our respective ways as we return to our homes and personal a:rta1rs there will be many pleasant reflections upon our association,and Whereas it is good to perpetuate this splendid :reeling or good fellowship. Therefore~ be it resolved by the Senate o:r 1935 that a reurion is hereby called to meet 1n Atlanta on the second Monday in Januar.y,l937, each Senator pledging himself, i:f possible, to attend. Tnat this resolution be spread in the Journal o:r the Senate. The roll was called and the following members answered present:

SATURDAY, MARCH 23, 1935.

1937

Almon Atkinson Beasley Cannon Carrington Chappell Clark Cooper Crawtord Darden Dennis Dickerson
Duncan
DuPree Edenfield
Evans
Gary
Goodwin

Harden

McWhorter

Hart

Milhollin

Holt

Millican

Johnson ot the Pope

31st

Ragan

Johnston ot the Rawlins

39th

Rucker

Jones

Scott

Kiker

Simmons

King

Skelton

Kirkland

Smith

Lancaster

Strickland

Larsen

Thomas

Lester

Turner

McGehee

Vaughn

McGinty

Wright

McLeod

Mr. President

Senator Gaskins of the 6th District was granted a leave o! absence on account of a death in his family.

Senator Goodwin of the 20th District arose to a point of personal privilege and made an announcement to the Senate.

Senator Hart or the 36th District,ChairiDa.~~ or the Committee on Journals. reported that he had examined the Journal ot the preceding session and round it correct.

Senator Millican of the 35th District asked unanimous consent that the reading ot the Journal be dispensed with and consent was granted.

Senator Atkinson ot the 1st District moved that the Senate disagree to the adverse report of the Comndttee on House Resolution No. 91-474a, a resolution authorizing the General Assembly to convene itself 1n extraordinary session in cases of emergency.

The motion prevailed.

The Journal was confirmed.

1938

JouRNAL OF THE SENATE,

The Rules Committee has tixed the following order ot business for the session ot this date:
1. Reports ot standing committees. 2. Local bills, uncontested, and general bills with local application. 3. General Bills as tollows:
Senate Bill No. 39 House Bill No. 297 House Bill No. 238 House Bill No. 724 House Bill No. 622 House Bill No. 650 H9USe Resolution No. 205; House Bill No. 643 House Bill No. 241 House Bill No. 783 House Bill No. 701 House Bill No. 164 House Bill No. 811 House Bill No. 313 House Bill No. 862 House Bill No. 547 House Bill No. 291 House Bill No. 206 House Bill No. 929
Other bills in the discretion ot the President dependent upon time.

Bills tor agreement or disagreement with House amendments to be called at any time 1n the discretion or the president.

The Committee on Tuberculosis Sanitarium at Alto tiled the tollow1ng report:

SATURDAY, MARCH 23, 1935.

1939

Atlant~L Georgia. March ~, 1935.

Hon. Charles D. Redwine President ot tne Senate Atlanta, Georgia

Mr. President: Your Co~ttee on State Tuberculosis Sana'torium
at Alto presents tne following report:

Members or your Committee visited the Institution

on March 2nd. and thoroughly inspected the buildings

H. and grounds. Hon. E.E. Lindsey Chairman of the
Board ot Control, Mrs. Albert Hill, Executive

Secretary intendent

ot ot

the the

Board ot Contr Sanatorium and

ol! h

s

Dmr.edRiacnakl ins1~_tStu,per-

welcomed us and showed us over the well kept build-

ings and grounds.



We learned that all the bills of this Institution are paid within thirty days and that, during 1934, $178,650.00 was received trom the appropriation.

About one tenth ot the patient population (34 at present) are pay.patients, contributing tromSOt to $1.60,(actual maintainance cost, as their financial condition permits). Only $461.75 was paid the hospital by patients during the montn~_Februar,y 1935. We found that pay and cha.ri ty patients get the same excellent attentien.

In 1934, there were patients at Alto from 130 Counties, 956 patients were treated and there were only 43 deaths. Every bed in both white and colored sections is kept tilled. There are. now 305 patients at Alto and 545 on the waiting list. There are no children on the waiting list as all children are accepted as soon as application is tiled and approved.

We were particularly pleased to note that the

1940

JouRNAL OF THE SENATE,

turnover ot patients is much greater and more rapid than in former years. This is due, in a large measure, to the new treatments now being used so etticiently by the medical statt and to the clinic which 1s open to any doctor in Georgia tor instruction in new methods tor treatment ot tuberculosis.

The Colored Department has just been repaired and

painted and is in good shape, Eighty-six negro

children, as well as, adults are getting the best

attention.



Your Committee was greatly pleased with the evidences ot efficiency noted on all sides and we strongly recommend that ample funds be provided tor this tine Institution so that Georgia's tubercular patients may have the benefit ot the excellent care now ottered by the State Tuberculosis Sanatorium at Alto.

Very respectfully submitted, William Thomas, Chairman.

RECEIPTS AND DISBURSEMENTS FOR YEAR 1934

State Tuberculosis Sanatorium Alto, Georgia

Cash on Hand January 1,1934

$519,43

State Appropriation (1933) 2,400,00

State Appropriat1 on (1934) _1_7...;.6,~...,25;.;;,.;;_0_;;._0_0_ _;;1;_7~8.~...,6~5;...;0:....::~0..::..0_

Miscellaneous Income Patients' Board and Treatment X-Rays Farm and Dairy Sales Meals

656.66 9,839.10
687.75 171,12 240.12

$190,744.18

Personal Services Travel Supplies

72,22>7.87 813.74
76;784,02

SATURDAY, MARCH 23, 1935.

1941

Communication Lights and Power Printing Repairs Rents Miscellaneous Insurance Interest
Equipment-outlay

$748.03 16,486.90
10.00 2,087.96
433.06 171.00 607.29
7.20 5,152.20

175,539.27

Equipment-outlay Buildings

1,125.95 6,272.31

Cash on Hand December 31,1934

7,398.26 182,937.53
7,806. 65

$190,744.18

.Net Expenses,l934 .

$169,405.02

Hospital Days

102,242

Average Daily Census 280

Per Capita Cost

1,657

Mr. Clark of the 44th District,Chairman or the Conmittee on Counties and County Matters,subm1 tted the following report:

Mr. President:

Your Committee on Counties and County Matters have had under consideration the following Bills or the House and have instructed me as Chairman to report the same back to the Senate with the roilowing .recommendations:

House Bill No. 153, do not pass. House Bill No. 388, do not pass. House Bill No. 387, do not pass.

Respectfully submitted, Clark or 44th District, Chairman.

1942

JouRNAL oF THE SENATE,

Mr. Crawford o! the 42nd District,Chairman o! the Committee on Game and Fish, submitted the following report: Mr. President:
Your Committee on Game and Fish have had under cons.1deration the following Bill o! the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 743, do not pass. Respectfully submitted, Crawford o! _42nd District, Chairman.
Mr. Cooper of the 22nd District, Chairman o! the Committee on Municipal Government, submitted the following report: Mr. President:
Your Committee on Municipal Government have had under consideration the following Bills o! the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 904, do not pass. Senate Bill No. 841 do not pass.
Respectfully submitted, Cooper of 22nd District,
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 and resolutions o! the Senate to wit:
By Senator Edenfield of the 4th DistrictSenate Bill No.206. A Bill to be entitled an Act

SATURDAY, MARCH 23, 1935.

1943

to amend Subsection 93 of Section 3 of the Acts of 1916~by providing medals for soldiers who served on the nexican Border and in the World War; and for other purposes. By Senators ~llican of the 35th District and Carrington of the 27th District-
Senate Bill No.l45. A Bill to be entitled an Act to create and establish by the State a factory to produce such supplies used by the State and itspolitical sub-divisions and the institutions thereof as may be successfully manufactured by the blind and persons of sub-standard vision; and for other purposes. By Senators Vaughn of the 34th District and Atkinson of the 1st District-
Senate Bill No.l80. A Bill to be entitled an Act to amend Title 114,Chapter 114-4 of the Code of Georgia of 1933 by striking from said Chapter the word "Average", and inserting the word 0 Regular"; and for other purposes. By Senators Cooper of the 22nd District; Larsen of the 16th District and others-
Senate Bill No.i2a. A Bill to declare the 12th of October of each year, coiiiJlonly lmown as Columbus Day, to be a public and legal holiday in this State.

By Senator Chappell of the 13th DistrictSenate Bill No.140. A Bill to be entitled an Act
to amend Section 32-916 of Chapter 32-9 of the Code of Georgia of 1933,so as to increase the amount to be distributed by the State Superintendent of Schools and to prescribe new requirements for consolidated schools in order to qualify for aid from such funds; and for other purposes.

By Senator Crawford of the 42nd District-

w.

Senate Resolution No.l07. H. Tallent on Bond.

A Resolution

to

relieve

1944

JouRNAL OF THE SENATE,

By Senator Atkinson of the 1st District; Senator Beasley of the 2nd District and Senator Edenfield of the 24th District-
Senate Bill No.212. A Bill to beentitled an Act to amend an Act approved August 18th,l924 entitled An Act to prescribe the rights, duties and responsibilities of the Coastal Highway District", a highway paving district composed of Chatham,Bryan,Liberty,Mcintosh,Glynn and Camden counties; and for other purposes. By senator Atkinson Qf the 1st District-
Senate Bill No.233. A Bill to be entitled an Act to "increase the mileage of the State Aid Road System by the addition of a highway from Hinesville to Clyde and thence to or near Savannah; and for other purposes. By Senator Atkinson of the 1st District-
Senate Bill No .225. A Bill to amend an Act to grant the United States of America certain ungranted lands in Chatham Cotmty. By Senator Evans of tne 29th District-
Senate Bill No.lB. A Bill to be entitled "An Act to amend an Act entitled an Act to create a TextBook Commission for the State of Georgia; to define their duties and powers; and for other purposes. By Senator Pope of the 15th District-
Senate Bill No.68. A" Bill to be entitled an Act to prevent fraud in reference to advertising for sale,selling or offering to sell plants, and to promote the plant industry 1n this State. By Senator Pope ot the 15th District-
Senate Bill No.l53. A Bill to be entitled an Act to amend Section 49-810 of the Code of 1933 by adding thereto a provision authorizing the Ordinaries of this State to allow guardians of incompentent veterans to expend guardianship funds for the support of dependent parents of such veterans, and for other purposes.

SATURDAY, MARCH 23, 1935.

1945

By.Senator Smith of the 24th DistrictSenate Resolution No.93. A Resolution,be it re-
solved, by the Senate of the General Assembly of the State of Georgia,the House of Representatives concurring herein,that the Congress of the United States be and it is hereby requested to appropriate sufficient funds to acquire and provide a fit and proper memorial on the site of the last battle of the war between the States,at Phoenix City,Russell County, Alabama,and to provide or create on said site a National Park. By Senator Kirkland of the 49th District-
Senate Bill No.41. A Bill to be entitled an Act defining the relationship of Judges and Jurors,and when they shall be disqualified. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by substitute as amended by the requisite Constitutional majority the following Bill of the Senate to wit: By Senator Smith of the 24th District-
Senate Bill No.l72. A Bill to be entitled an Act to amend Section 56-301 of the Code of 1933,by changing the amount of bonds required to be deposited with the State Treasurer by !ire,marine,and inland Insurance Companies,and tor 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 Constitu-
tional majority the following Bill of the Senate to wit:
By Senators Atkinson of the 1st District, Carswell of the 21st DistrictiSimmons of the 8th District! Beasley of the 2nd D strict,Gaskins of the 6th D strict,Clarke of the 44th District, Dickerson o! the


1946

JouRNAL OF THE SENATE,

5th District~Strickland of the 3rd District,Mllhollin of the 46th District,Kirkland of the 49th District,Edenfield of the 4th District,Jones of the 17th District,Crawford of the 42nd District,Pope of the 15th District,MCWhorter of the 19th District, and Carrington of the 27th District.
Senate Bill No.40. A Bill to be entitled an Act to propose to the qualified voters of the.State of Georgia,an amendment to Article ?,Section 2,Paragraph 2, of the Constitution of the State of Georgia, providing for the exemption from ad valorem taxation, for fifteen years,of the industries engaged in the manufacture of paper or wood pulp or the products thereof.

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

Mr. President: The House has passed as amended by the requisite
Constitutional majority the following Bill of the Senate to wit:

By Senators Gaskins or the 8th District and Senator Simmons of the 6th Dist~ict-
Senate Bill No.62. A Bill to be entitled an Act to create an Act fixing a minimum charge by leaf tobacco warehouses of this State for selling and handling leaf tobacco,and for other purposes.

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

Mr. President: The House has passed as amended by the requisite
Constitutional majority the following bill or the Senate to W1 t:

By Senator Millican of the 35th District-

Senate Bill No.243. A Bill to be entitled an Act

to amend an Act approved August 20,1927,entitled

Pension Laws in Cities of one hundred and fifty

thousand (150,000) population or more.

.





SATU'RDAY, MARCH 23, 1935.

1947

The following message was received from the House through Mr. Kingery,the Clerk thereof: Mr. President:
The House has passed by Substitute by the requisite Constitutional majority the following bills of the Senate to wit: By Senator Scott of the 7th District-
Senate Bill No.l56. (S. R.) A Resolution proposing to the qualified voters of Georgia an amendment to Article VI Section II, Paragraph VI, of the Constitution of 6eorgia,providing for the disposition of cases in the Superior Court Where the filing is delayed by reason of the illness or death or the Clerk of the trial court.
The following message was received !rom the House through Hr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the Senate to wit: By Senator Millican or 25th District-
Senate Bill No.244. A bill to be entitled an Act to amend An Act or l929,which Act of 1929 was an Act to amend an Act approved August 20,1927,the Title to said Act being Pension Laws in Cities of One Hundred and Fifty Thousand (150,000) population or more. By Senator Millican or 36th District-
Senate Bill No.246. A bill to be entitled an Act to amend an Act establishing a new charter tor the City of Atlanta; and for other purposes. By Senator Evans of 29th District-
Senate Bill No.256. A bill to be entitled an Act amending the Charter of the Town of Dearing, in McDuffie County; and !or other purposes.

1948

JouRNAL OF THE SENATE,

By Senator Edenfield of 4th DistrictSenate Bill No.52. A bill to be entitled an Act
to prescribe a closed season tor the hunting of-deer, turkey and grouseLor ~ type or pheasant within the Counties of this ~tate,and tor other purposes. By Senator Gaskin of 6th District,Harden of 47th District,and Dickerson o! 5th District-
Senate Bill No.226. A bill to be entitled an Act to increase the mileage o! the Stata Aid Road System by the add! tion thereto of a highway in Tift and Clinch Counties; and !or other purposes. By Senator Lester o! 18th District-
Senate Bill No.200 as amended. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7,Section 7,Paragraph l,ot the Constitution of Georgta,so as to authorize Richmond County to make temporary loans; and tor other purposes. By Senator Lester of 18th District-
Senate Bill No.l49. A bill to be entitled an Act to amend Paragraph l,Section 13, of Article a,ot the Constitution of Georgta,regulating the salaries of the Judge of the Superior Courts by providing that the provisions thereof in reference to the salaries ot the Judge of the Superior Court of the Circuit or which the County of Richmond is a part,shall be applicable nor only to the incumbent in office as well as his successors, but shall apply also to any other Judge of the Superior Court; and tor other purposes.
The following message was received from the House
through Mr. K1ngery,the Clerk thereof:
Mr. President: The House has passed as amended by the requisite
Constitutional majority the following bills ot the Senate to wit: By Senator Eden!ield-
senate Bill No. 49. A Bill to be entitled an act

SATURDAY, MARCH 23, 1935.

1949

to regulate the seining,netting or trapping or !ish, to make lawful the possession or seines,traps or nets, to regulate fishing in fresh water streams or this state,and tor other purposes. By Senator Rucker of 50th District-
Senate Bill No.64. A bill to be entitled an act to amend an act to regulate and restrict the rate or interest on small loans or $300.00 or less !rom 31% per month to lf% per month; and tor other purposes.
The following message was received !rom the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed by the requisite Constitutional majority the following resolution or the House to wit: By Messrs. Stephens ot Laurens and Bennett ot Ware-
House Resolution No.254. A Resolution asking the Senate to strike Section 18 or House Bill No.l64.
The following message was received !rom the House
through Mr. Kingery, the Clerk thereof:
Mr. President: The House has agreed to the Senate substitute as
amended to the following bill or the House: By Messrs. Grayson or Chatham,Culpepper ot Fayette, Lanier and Harris or Richmond.
House Bill No.449. A bill to be entitled an Act to amend the Code so as to provide that the State Treasurer shall set apart monthly and hold sufficient tunds to pay the Highway Department refunding certit1cates;and for other purposes.
The following message was received !rom the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has adopted the conference committee

1950

JouRNAL OF THE SENATE,

report on the following resolution or the House towit: By Messrs. Rivers or Lanier, Harris and Barrett or Richmond-
House Resolution No.l2-13a. A Resolution proposing an amendment to the Constitution or Georgia to exempt !rom taxation a homestead not exceeding $5,000.00 in value;and tor other purposes.
The following message was received !rom the House through Mr. Kingery,the Clerk thereof: Mr. President:
The House has adopted the conference committee report on the following bill ot the House, to wit: By Messrs. Culpepper ot Fayette,Harris,Lanler and Barrett ot Richmond.
House Bill No.90. A bill to be entitled an act to provide tor license and excise taxes upon the businpeusrspooset sd. ealing in malt beverages;and tor other
The following message was received !rom the House through Mr.Klngery,the Clerk thereof: Mr. President:
The House has agreed to the Senate amen~ent to the following bills ot the House: By Messrs. Spivey ot Emanuel,Freeman ot Bibb and Claxton ot Johnson.
House Bill No.745. A bill to be entitled an Act to promote public health,morals and general welfare by prohibiting arathon dances, Walkathons and similar pcysical endurance contests; and tor other purposes. By Mr. Head ot Catoosa.
House Bill No.934. A bill to be entitled an Act to increase the mileage or the State Aid System ot Roads by the addition ot certain mileage;and tor other purposes.

SATL"RDAY, MARCH 23, 1935.

1951

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 or the House, to wit:

BtoyHaMomueessnesdrBsa.inlBlAlNocotod.c9wr6oe7ra.thtAi1nBgbowialdlennetwoanbdcehFaerrenteetmritalnfeodor

f Bibban Act the Ci

ty

of Macon,wlth reference to the Board of Tax Assess-

ors; and for other purposes.

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

Mr. President: The House has adopted the report of the conference
committee on the following bill of the House,to wit:

By Mr. Thompson of MuscogeeHouse Bill No.77. A bill to be entitled An Act
to amend Chapter 26-16 of the Code of Georgia of 1933,which defines the offense of kidnapping;and for other purposes.

The following message was received from the House through Andrew J. Kingery,Clerk.

Mr. President: The House has agreed to the Senate substitute to
the following bill of the House, to wit:

By Messrs. Lanier,Harris and Barrett of RichmondHouse Bill No.530. A Bill to be entitled an act
to amend Section 95-2112 of Chapter 95-21 of 1933 Code of Georgia,so as to authorize certain counties to sell and/or use surplus certificates of indebtedness of the Highway Department to purchase State adopted school books for elementary grades,to be loaned free of charge;and for other purposes.

1952

JouRNAL OF THE SENATE,

The following message was received !rom the House through Hr. Kingery, the Clerk thereof:

Mr. Pres 1dent: The House has disagreed to the Senate amendments
to the following bill of the House,to wit:

By Mr. Spivey of EmanuelHouse Bill No.561. A bill to be entitled an Act
to annually,in addition to ad valorem tax, levy and collect a tax tor the support ot the State Government; and for other purposes.

The Speaker bas appointed as a comndttee of conterence on the part of the House to confer with a like committee on the part o! the Senate the following members of the House; Messrs. Spivey o! Emanuel, Harris of R1cbmond and Freeman ot Bibb.

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

Mr. President:

The Speaker has appointed as a second committee of

conference on part of the Housei on House Bill No.

620,known as the 0 Screw members of the House:

Worm

Bi

1 1

the

following

Messrs.

Lindsay o Parker of

!CDoelKqualibt1t

,

a

n

d

Standard of. Wilcox.

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

Mr. President: The House has appointed as a third committee of
conference on the part ot the House to confer with a like committee on the part o! the Senate on the following bill of the House,to wit:

By Hr. Pound ot Hancock. House Bill No.807. A bill to be entitled an Act
to provide tor the leasing and controlling of the

SATURDAY, MARCH 23, 1935.

1953

State's propertynot covered by lease in Chattanooga; and for other purposes.
The Speaker has appointed as a committee on conference
Messrs. Lindsay of DeKalb Adams of Franklin Hammock of Randolph
The following bills and resolution of the House were ~ead third time and put upon their.passage: By Mr. Preston of Bulloch-
House Bill No. 989. A Bill to be entitled an Act to amend an Act approved August 17th,l912,which created a new charter for the City of Statesboro, defines the jurisd1ction,powers and duties of said municipality and its officers; and for oth&r purposes.
The report of the conmittee,whlch was favorable to the passage of the bill, wasagreed to.
On the passage of the bill the ayes were 30,nays
o.
The bill having received the requisite Constitutional major1ty,was passed. By Mr. Teasley of Cherokee-
House Bill No.984. A Bill to be entitled an Act to change the time of holding the February term_of the Superior Court of Cherokee County from the 4th Monday in February of each year to the 2nd Monday 1n March.
The report of the committee,which was favorable to the passage of the b1ll,was agreed to.
On the passage of the bill the ayes were 30,nays
o.
The bill having received the requisite Constitutional majority, was passed.

1954

JouRNAL OF THE SENATE,

ByHMouessesrBs.ilHl aNrori.9s63L.anAieBr ialnldtoBabrereetnt toitrl

Richmonded an Act

to abolish on and after the first or January,l937,

the City Court or Richmond County,to repeal on and

after tbe first or January,l937,an Act entitled an

Act to establish a City Court in the County or

Richmond; and tor other purposes.

The report or the committee,wh1ch was favorable to the passage or the bill,was agreed to.

On
nays

toh. e

passage

or

the

bill

the

ayes

were

26,

The bill hav1ngreceived tbe requisite Constitutional majority, was passed.

By Messrs. Hammock of Randolph and Smith of WebsterHouse Bill No.986. A Bill to be entitled an Act
to amend Neill-Traylor Act by adding a road in Webster County and Randolph County; and fOl' other purposes.

The report or the committee,which was favorable to the passage or the bill,was agreed to.

o.On the passage or the bill the ayes were 29,nays

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

By Mr. Edwards of StephensHouse Bill No.982. A Bill to be entitled an Act
to 1ncr~ase the mileage or the State Aid System of Roads by the addition or a road 1n Stephens County; and for other purposes.

The report or the committee,wh1ch was favorable to the passage or the bill, was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

28,

SATURDAY, MARCH 23, 1935.

1955

The bill having received the requisite Constitutional majority, was passed. By Messrs. Booth of Barrow and Preston of Bulloch-
House Bill No.960. A Bill to be entitled an Act to authorizeLempower and direct the Highway Department of the ~tate of Georgia to pave certain roads and drives on the campus of the University of Georgia in Athens.
The report of the committee,which was favorable to the passage of the bill,was agreed to.
On the passage of the bill the ayes were 32,
t:JB.YS 0.
The bill having received the requisite Constitutional majority, was passed. By Mr. Benton of Jasper-
House Resolution No.209-931-A. A Resolution designating State Hi~way or Route No.ll as the nAndrew Jackson Highway ; and for other purposes.
The report of the committee,which was favorable to the passage of the resolution,was agreed to.
On the passage of the resolution the ayes were 28,
nays o.
The resolution having received the requisite Constitutional majority, was passed.
BY Mr. Ross of Dodge-
House Bill No. 987. A Bill to be entitled an Act to amend Section 808 of the Penal Code of 1910 for appointment of special criminal bailiffs 1n counties having more than 20,000 population.; and for other purposes.
The report of the comm1ttee,which was favorable to the passage of the bill,was agreed to.

1956

JouRNAL OF THE SENATE,

On
nays

toh. e

passage

or

the

bill

the

ayes

were'31,

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

By Messrs. Allen and Ennis of BaldwinHouse Bill No.546. A Bill to be entitled an Act
to amend Section 95-802 of the Code of Georgia of 1933,by adding a proviso at the end of said section exempting persons from road duty in counties having a population of not less than 22,778 and not more than 22,978; and for other purposes.

The report of the committee,which was favorable to the passage of the bill,was agreed to.

On
nays

toh. e

passage

of

the

bill

the

ayes

were

29,

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

By Messrs. Mitchell or Lamar and Brown or PikeHouse Bill No.990. A Bill to be entitled an Act
to increase the State Aid System of Public Roads or Highways by the addition of a road from Route 7 at Milner,in Lamar County, to Route No. 18,about three miles east of Zebulon, in Pike County; and for other purposes.

The report of the co~ttee,which was favorable to the passage of the bill, was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

28,

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

The following bill of the Senate was read the third time and taken up for consideration:

SATURDAY, MARCH 23, 1935.

1957

By Senator Skelton of the 30th DistrictSenate Bill No.39. A Bill to be entitled an Act
to amend Title 77, Part III, Chapter 77-3 of the Code of the 1933 oy striking the figures $31500 in the second line of Section 77-303 and inserting in lieu thereof the figures $4,500,so as to make the salary of the Prison Comnissioners $4,500 per armum; and for other purposes.

A motion to indefinitely postpone was made and prevailed.

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

By Mr. Allen of BaldwinHouse Bill No.297. A Bill to amend an Act relating
to bonds of depositories, by providing that deposits insured by Federal Deposit Insurance Companies need not be secured by deposits of securities; and for other purposes.

The report of the committee,which was favorable to the passage of the bill, was agreed to.

On nays

ot h. e

passage

of

the

bill

theayes

were

31,

The bill having received the requisite Constitutional majority was passed.

By Messrs. Booth of Barrow and Adams of FranklinHouse Resolution No.238. A Resolution authorizing
the Governor to divert $1,640.77 now in the State Treasury to the Common School Fund of the State; and for other purposes.

Senator Carrington of the 27th District offered the following amendment:

By striking the last eight words of the last line of the last paragraph and substituting the following words: nsaid funds shall be equally divided between the Beard of Education of Barrow County, and

1958

JouRNAL oF THE SENATE,

the Winder Board of Education~

The amendment was adopted.

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

On ayes

twheerep3a1ss, agneayos fot.he

resolution,

as

amended,

the

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

By Messrs. Spivey of Emanuel and Culpepper or

Fayette-

House Bill No. 724. A Bill to be entitled an Act

to amend Title 92 part 9 ot the Code of Georgia of

1933, by amending Chapter 92-31, by fixing the rate

ot taxation of corporations by further defining

a"gtiroonssoifncroomyea"ltbieysr, epfreoamlinug.

st h. e

exemption from taxPatents; and tor

other purposes.

The report of the committee,which was favorable to the passage of the bill, was agreed to.

On nays

toh. e

passage

of

the

bill

the

ayes

were

31~

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

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

Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House, to wit:

By Mr. Culpepper of FayetteHouse Bill No.240. A bill to be entitled an Act
to make appropriations tor the operation of the State Government; tor aid to the common schools;

SATURDAY, MARCH 23, 1935.

1959

and for other purposes.

The Speaker has appointed as a committee of conference on the part of the House to confer with a like committee on the part of the Senate the following members of the House:

By Messrs. Culpepper of Fayette,Settle of Butts and Johnson of Seminole-

Senator Lester of the 18th District moved that the Senate insist upon its position on House Bill No. 240 and that a Committee of Conference be appointed to confer with a similar committee of the House on House Bill No. 240.

The motlon prevailed.

The President appointed as a committee of conference on the part of the Senate to confer with a like co~ttee of the House on House Bill No.240 known as the General Appropriations Act, the following members of the Senate to wit:

Senators Lester of the 18th District, King of the 11th District, and Clark of the 44th District.

Senate Bill No.64 by Senator Rucker of the 50th District, a bill to regulate and restrict the rate of interest on small loans of $300.00 or less from 31% per month to li% per month~ and for other purposes, was taken up for the purpose of considering the following House amendment thereto:

Messrs. Lewis of

BLuirnkedsaMy coN!alDl eoKfalbC1naPthaarmk,eArlmoaf.ndC

olquitt, of Ful-r;on

and Peters or f1eriwether of.fered the following amend-

ment to Senate Bill No. 64:

By amending the caption of said bill as follows:

Strike the words and figures on line 8 of said caption,nAugust 17,1930" and inserting in lieu there-

1960

JouRNAL oF THE SENATE,

of the words and figures, "August 12th, 1920:

The Senate agreed to the House amendment to Senate Bill No. 64.

Senate Bill No. 88,by Senator Almon of the 37th District, a bill to amend an Act entitled an Act to re-organize and re-constitute the State Highway Department of Georgia, and for other purposes, was taken up for the purpose of considering the following House substitute thereto:

A BILL

To be entitled an Act To amend an Act entitled

"Highway Mileage" as same appears in the Acts or

the Georgia Legislature of 1929,pages 260 through

268 and including the map opposite page 268 of

said Acts of 1929, so as to add to said map a road

from

in

County,

Georgia, to

, in

Georgia, a distance of approximatelY.

Cmouilnetsy;1 to

provide that the addition of said road on said map

shall not require payment of gasoline tax or main-

tenance by the State Highway Department of Georgia

until said road is formally designated as a State

Aid Road by the State Highway Board of Georgia,and

for other purposes.

SECTION ONE.

Be it enacted by the General Assembly of the State

of Georgia and it is hereby enacted by authorit.Y

of the same that that certain Act of the Georgia

Legislature known as the Neill-Traylor Bill, as

said bill appears in the Acts or the Georgia Legis-

lature of 1929, pages 260 through 268, together w1 th

the map opposite page 268 of said Acts of 1929, be

and the same is hereby amended by placing on said

map as fully and completely as though originally

drawn on said map that certain road from _ _ _ __

in

County, Georgia, W-------

in

County,Georgia,a distance of'-._ _

m1les,with the right and authority in the Highway

SATURDAY, MARCH 23, 1935.

1961

Department to locate or re-locate said road in whole or in part. Be it further enacted that, if and when said road is so designated by the State Highway Board of Georgia as a State Aid Road, same shall not be considered a part of the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill.
SECTION TWO. Be it further enacted that, by the addition of said road on said map there arises no obligation on the part of the State or the State Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the "gas tax~ unless and until said road, or any re-location thereof, is formally designated as a State Aid Road by the State Highway Department of Georgia and a map, showing said road thereon, be filed with the Highway Department, or its duly constituted agent, with the Secretary of State as now provided by law.
SECT! ON THREE. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. The Senate agreed to the House substitute for Senate Bill No. 88. The following bill of the House was read third time and put upon its passage: By Mr. Clements of WheelerHouse Bill No.622. A Bill to authorize the Welfare Department of the Board of Control of Eleemosynary institutions to arrange care for homeless,neglected and dependent children, and for other purposes. The report of the comm1ttee,wh1ch was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28,nays o.

1962

JouRNAL or THE SENATE,

The bill having received the requisite Constitutional majority, was passed.
The following resolution of the Senate was read and adopted: By Senator Scott of the 7th District and Senator Beasley of the 2nd District-
Senate Resolution No.l20. A RESOLUTION
WHEREAS, the Senate of the General Assembly of 1935 is about to close,
AND, WHEREAS, tne Chaplain of the Senate, the Reverend Dr. L. J . Ballard, has conducted the devotional exercises of this bodY with literary distinction and religious sincerity,
AND, WHEREAS, in his daily association with the individual members of this Senate, he has shown himself to be a devout Christian and a man or charmdng personal qualities,
THEREFORE, be it resolved by the Senate that the
Senate does hereby express to the Reverend Dr. L.J.
Ballard the appreciation of this body tor his able and efficient service as Chaplain and the pleasure of each individual member of having had the association w1 th him.
AND BE IT FURTHER RESOLVED that this Resolution be entered upon the Journal or the Senate and that a copy suitably engrossed be delivered to Dr. Ballard.
The following conmunicat1on from His Excellency, the Governor was read:
March 21, 1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I am returning herewith House Bill No. 91, with-

SATURDAY, MARCH 23, 1935.

1963

out my approval.

HOUSE BILL NO. 91

An Act, to propose to the qualified voters or Georgia an amendment to the Constitution or the State or Georgia, authorizing the levying or a tax tor the payment or old age pensions, and tor other purposes.

This Bill proposes to submit to the people an amendment to the Constitution perndtting the State to levy a per capita tax tor the purpose or supporting and maintaining the aged poor or the State. Or, in other words, to _permit the State to levy taxes to pay an old age pension.

It any old age pension is to be paid the m1niDRDD

age yea

limi rs. I

thwavoeuldc1necinkeda

ll prob up and

ability, be round that

sixty-rive there are

. 118,145 people in the State or Georgia who are six-

ty-five years or age and over. It each or these old

people are paid $30.00 per month the total monthly

cost cost

to at

the State this rate

would would

be be

$$34z~.,55434~1352000.

The yearly added to

their already heavy tax burden, whlch Y(Ould cost

the three million people in. Georgia, every man, wo-

man and child -White and black over $12.00 each. .

.

In other words, it would mean that the people or

Georgia would have added to their already heavy tax

burden approximately $42,000,000. The total amount

collected from the tax payers or Georgia by the .

State amounts to approximately $9,000,000 which 18

used lum,

to operate the the University

co:omon System,

scthheooTlsu,otehrecuilnossainsesaansya--

torium and 1n operating the State government.

The amount required to pay an old age pension as outlined above would be tour or five times more than the entire State government now costs the tax payers. I do not believe the people in Georgia should be burdened w1 th such heavy taxes as an old age pension will require.

1964

JouRNAL oF 'J'HE SENATE,

I am opposed to all kinds ot pensions except a soldier's pension. I do believe that it is the duty of the Government to pay a pension to soldiers, who in the prtme of life were snatched away fram gainful occupations and sent to war in protection ot tbeir country. It is just as much the duty of the Government to pay soldiers for their lost legs,arms and other disabilities incurred as it is the duty of the Government to take care of other obligations incurred during time of war and any other kind ot pension is wrong in principle, and would prove wrong in practice.
I do not want to see the incentive of the American people to work and lay up something for their old age destroyed. We do not want to take the pride and ambition from the young men and wamen of our country to take care of their old parents. If we take this away from our yotmg men and women who are able-bodied and let them think the Government will take care of their parents, we will take something out of their souls.
If we adopt an old age pension we are taking another step toward destruction. We are leading our people to think that th-ey can get something for
the nothin~ and that it is the duty of the GOVernment
to sup ort people rather than the duty of the
people to support the Government. We must not have
the people of our State and of the nation forget the fundamental principles of Government. We must not forget that it is not the purpose of the State to support 1ts people, but on the other hand, the duty
ot the Government both State and national to allow
its people to make their own way in life, earn their own living, and be the directors of their own destiny,with the Government acting as umpire only.
Respectfully submitted, Eugene Talmadge, Governor.

SATURDAY, MARCH 23, 1935.

1965

The President announced that unless a motion to

the etfect that House Bill No. 91 be passed notwith-

standing the veto

the veto or the message as read

Governor would pr

prev evail

aainledd~1 hethbati

l

l

would be dead.

The following resolutions of the Senate were read and adopted:

By Senator Skelton of the 30th DistrictSenate Resolution No. 121. A Resolution extending
the thanks ot the Senate to Senator Millican for the many courtesies extended to the membership or the Senate and connnending him tor his able representation of his district.

By Senator carrington or the 27th DistrictSenate Resolution No. 122. A Resolution condemning
communism and urging th~t immediate deportation or the alien enemies tor the welfare and best interests ot the country be effected.

By ot

Senators the 46th

QDiasrdtrenicot~f

the 51st Johnston

District Mllhollin or the 39th District,

Rawlins or the 45th vistrict Pope ot the 15th Dis-

trictiKing of the 11th Distr!ct,Cooper of the 22nd

Dothtiestth2re1cs3tt,6CDthairsDrtirniisgcttrtol1cVnta,ouEgfvhanthneos r2ot7rhtehth3eD4i2tsh9ttrhDiicsDt~1iDrsiutcPrtir,ceeHtaort!

Kirkland or the 49th District,Mlllican or the 35th

District Smith or the 24th District Kiker or the

41st District,Jobnson or the 31st Dlstr1ct,Goodw1n

of the 20th District ,Simons of the 8th District, Dun-

can of Lester

the 23rd Di or the 18th

sDtriiscttr1iLctarEsedne

of nfi

the 1 eld or

6th Dist the 4th

ri

ct

,

DistricEzHcWhorter or the 16th District and MCGehee

of the ~th District Beasley or the 2nd District,

Scott o! the 7th District, Clark or the 44th District,

Sk~lton or the 30th Distrrct,cannon or the 40th Dis-

tr1ct1~omas or the 33rd Dis~rict,Harden or the 47th

Distr ct,Ragan of the 14th Distr1ct,Denn1s of the

28t ot

h Distr1c~, Dickerson ot the 48th D1str1ct ,McLeod

the ot

t

h5eth9Dth1sDtrisictrt1HctolAt l-

mon or the 37th D1str1ct,Gask1ns of the 6th District,

1966

JouRNAL or THE SENATE,

McGinty or the 43rd District Wright or the 38th Distr1ct,Chappell or the 13th District,Rucker or the 50th District,Strickland of the 3rd District, Jones or the 17th District and Atkinson of the 1st District-
Senate Resolution No. 123. A Resolution providing for officers and certain members of Committees,and assistants to remain:after adjournment to clear and close business;and for other purposes. By Senator Carrington or the 27th District-
Senate Resolution No.l24. A Resolution extending the thanks of the Senate to all the departments or the State Government and their official staffs tor their prompt and efficient cooperation.
The following message was received from the House through Mr. Kingery, Clerk thereof: Mr. President:
The House has disagreed ~o the Senate Amendment to the following bill of the House, to wit: By Hr. Rivers of Lanier~
House Bill No.200. A bill to be entitled an act to relieve the City of Lakeland, Georgia, of certain taxes; and for other purposes.
The following message was received from the House through Mr._ Kingery, th~ Clerk thereof: Mr. President:
The House insists upon its disagreement to the Senate amendment to the following bill of the House, to w1 t: By Mr. Oden of Pierce-
House Bill No. 620. A Bill to be entitled an Act to appropriate $50,000.00 for use in combatting the Screw Worm;and ror other purposes.
The Speaker has appointed as a third Committee of Conference to confer with a like committee on

SATURDAY, MARCH 23, 1935.

1967

the part of the Senate, the following members of the House, to wit:

Messrs. Parker of Colquitt, Lindsay of DeKalb,and Standard or Wilcox.

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

By Messrs. Rivers of Lanier, Townsend of Dade and Head of Catoosa-
House Bill No. 650. A Bill to prohibit the sale of real estate under execution,power of sale and for any other legal process by lien.holders where title is in d1spute,defective and/or for any other reason the owner is unable to.procure a loan; and !or other purposes.

The committee offered a substitute !or House Bill No. 650.

Senator Skelton of the 30th District offered an amendment to the co~ttee substitute.

The amendment by Senator Skelton was lost.

On the adoption of the committee substitute, Senator Skelton called !or 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:

Beasley Carrington . Cooper Crawford

Goodwin

McWhorter

Johnston of the Scott

39th

Skelton

Larsen

Smith

TUrner

Those voting 1n the negative were Senators:

Almon

Atkinson

Cannon

1968

JouRNAL oF THE SENATE,

Dennis Dickerson Duncan DuPree Edenfield GEvaaryns Gaskins Harden Hart

Holt Johnson ot the 31st Jones Kiker King Kirkland McGehee McGinty

McLeod Milhollin Pope
H.agan
Rawlins Rucker Vaughn Wright '

Verification or the roll call was dispensed with.

The ayes were 12, nays 29.

The substitute having tailed to receive the requisite Constitutional majority, was lost.

The report or the co~ttee,which was favorable to the passage or the bill, was agreed to.

On the passage or the bill the ayes were 12,nays 24.

The bill having tailed to receive the requisite ConstitutionaL majority, was lost.

The following resolution or the Senate was read and adopted:

By Senator Scott or the Jth Districtsenate Resolution No.l24b. A Resolution providing
that a comm1ttee or three from the Senate and three from the House be appointed by the President and Speaker respectively, to make immediate inquiry as to the status o! the business of the General Assembly in order that the said eonlnittee may advise the respective bodies or a probably hour or adjournment sine die.
The President appointed as a committee on the part ot the Senate the rollow1ng members of the Senate, to wit:
Senators Scott of the 7th District, McGehee of the 25th District,and skelton of the 30th District.

SATURDAY, MARCH 23, 1935.

1969

The following resolution or the House was read third time and put upon its passage:

By Messrs. Ennis and Allen or BaldwinHouse Resolution No.23-138a. A Resolution to ap-
propriate to the Mayor and Alderman or the City of Milledgeville the sum or $7265.54 for the redemption of pavi11:g.

Senator Jones ot the 17th District moved the pre~ vious question and the motion prevail~d.

The report of the committee,which was favorable -to the passage or the bill, was agreed to.

On the passage of the bill it involving an ap-

propriation, the roll was cailed and the vote was

as follows:



Those voting in the affirmative were Senators:

Atkinson Beasley cannon Carrington Cooper Crawford Duncan Goodwin

Jones Larsen Lester McLeod Milhollin Millican Pope Ragan

Rawlins Rucker Scott Simmons Smith Turner Vaughn Wright

Those voting in the negative were Senators:

Almon Chappell Dennis Dickerson Edenfield Evans

Gary Harden Hart Holt Johnson of the 31st

Johnston ot the 39th
King Kirkland McGehee McWhorter Skelton

Verirication or the roll call was dispensed with.

The ayes were 24, nays 16.

1970

JouRNAL oF THE SENATE,

The resolution having railed to receive the requisite Constitutional majority, was lost.
Not voting were: Senators Clark or the 44th District Darden ot the 51st District,Gaskins ot the 6thD!strictLKiker or the 41st District,Lancaster ot the lOth vistr1ct,McGinty ot the 43rd District, Strickland or the 3rd District,Thomas ot the 33rd District and DuPree or the 21st District.
Senator ~llican or the 35th District moved that the Senate reconsider its action in agreeing to the House amendment to Senate Bill No.64 and the motion prevailed.
Senator ~llican or the 35th District orrered the following amendment to the House amendment to the following bill ot the Senate to wit: By Senator Rucker or the 50th District-
Senate Bill No.64. A Bill to be entitled an Act to amend an Act to regulate and restrict the rate or interest on small loans or $300400 or less trom 3i% per month to lf% per monthj and tor other purposes.
Senator Millican moved to amend the House amendment to Senate Bill No.64 by striking the date in the fourth line "August 12,1920" and inserting in lieu thereof "August 17;1920:
The amendment was adopted. Senator Millican or the 35th District asked unanimous consent that the above bill be immediately transmitted to the House and the consent was granted. Senate Bill No.49 by Senator Edenfield or the 4th District, a bill to regulate the sein1ng,nett1ng or trapping or tish,to make unlawful the possession or seines,traps or nets,etc., was taken up tor the purpose or considering the following House amendment thereto:

SATURDAY, MARCH 23, 1935.

1971

Mr .Claxton of Jolmson offered the following amendment:
By striking the last three lines in Section 6 from said bill beginning with the word "Nothing:
By striking Section 4 in its entirety and appropriately renumbering the remaining Sections.
The Senate agreed to the House amendments to Senate Bill No. 49.
Senate Bill No.l72 by Senator Smith of the 24th District, a bill changing the amount of bonds required to be deposited.with the State Treasurer by !ire,marine,and inland Insurance Companiesi and for other purposes,was taken up for the purposes of considering the following House substitute, as amended, thereto:
A BILL To be entitled an Act to amend Section 56-301 ot the Code of 1933, by changing the amount ot bonds required to be deposited with the State Treasurer by fire,marine,and inland insurance companiesi and for other purposes.
SECTION ONE. 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 56-301 of the Code pf 1933 shall be and is hereby amended by striking !rom the same the words and figures "of the face value of $25,000", and by substituting the following in lieu thereof: "ot the face value o! $10,000, Provided that fire, marine, and inland insurance companies chartered by other states of foreign Governments,which have a paid-up or issued capital stock in excess of $500,000 shall deposit said bonds in an amount equal to two per centum of said capital stock, but not more than $25,000 in amount! and Provided,further, that other fire ,marine and Inland insurance com-

1972

JouRNAL OF THE SENATE,

panies chartered by other states or foreign Governments shall deposit said bonds in an amount equal to fifteen per centum of the gross annual premiums derived from business written on Georgia property, but in no case shall such amount be less than $10,000 nor more than $35,000;" so that said Section shall, as amended, read as follows:
"All fire, marine .. and inland insurance companies, chartered by other States or foreign governments, shall deposit with the State Treasurer bonds of the United States,or bonds of this State Which according to the Ac~s and resolutions of the General Assembly are valid, or bonds of any county or municipality in this State which have been validated under the laws of this State,of the face value of other states or foreign governments,which have a paid-up or issued capital stock in excess of $500,000 shall deposit said bonds in an amount equal to two per centum of said capital stock,but not more than $25,000 in amount, and Provided, further, that other fire,marine and 1nland insurap.ce companies chartered by other states or foreign governments shall deposit said bonds in an amount equal to fifteen per centum of the gross annual premiums derived from business written on Georgia property, but in no case shall such amount be less than $10,000 nor more than $25,000; which bonds shall be receipted for by the Treasurer and specially deposited in the treasury; and whenever such company shall cease to do business in this State, and shall bave settled all claims against it, said bonds shall be delivered to the proper party on presentation of the Treasurer's receipt. While said bonds are so deposited the owners shall,subject to the notices hereinafter provided for or givenLbe entitled to collect the interest thereon. ~or the bonds so deposited the faith of the State.is pledged that they shall be returned or disposed of as hereinafter provided. All bonds deposited by insurance companies under this or any other section of this Title shall be registered bonds."

SATURDAY, MARCH 23, 1935.

1973

SECTION TWO.

Be it further enacted that all laws and parts or laws in conflict with this Act are hereby repealed.

The Senate agreed to the House substitute, as amended,to Senate Bill No.l72.

The following bills and resolution o! the House were read third time and put upon their passage:

By Messrs. Ennis and Allen o! BaldwinHouse Bill No.323. A Bill to provide tor the pur-
chase by the Prison Commission ot 30i acres o! land !or the use o! the State Prison Farm at Milledgeville; and !or other purposes.

The report o! the committee,whichwas favorable to the passage o! the bill, was agreed to.

On the passage o! the bill,it involving an appropriation,the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Beasley Carrington Crawford

Goodwin Larsen Lester

Pope Scott Vauglm

Those voting in the negative were Senators:

Atkinson Carmon Chappell Cooper Dickerson Duncan Edenfield
Evans Gary

Harden Hart Johnson or the 31st Jones Kirkland McGehee McGinty McLeod McWhorter

Ragan Rawlins Rucker Simnons Skelton Smith Strickland Thomas Turner Wright

Verification or the roll call was dispensed with.

1974

JouRNAL oF THE SENATE,

The ayes were 9, nays 28.

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

Not voting were: Senators Almon of the 37th District,Darden of the 51st District,Dennis of the 28th 4D8itshtriDcits,tGraicskt~inJoshnosftothneo6f ththeDi3s9ttrhicDt {Hsotrlitcot,tKtihkeer ot the 41st D1strict,King of the 11th District, Lancaster or the lOth DistrictLMilhollin or the 46th DistrictiMillican or the 35th vistrict,and Dupree of the 2 st District.

By Messrs. Hartsfield,Ramsey and Almand or Fulton and others-
House Resolution No. 205-923a. A Resolution to provide tor appointment or a commission to investigate and report to the next General AssembLY the feasibility of developing State and city o~nedprop erty; and tor other purposes.

The report of the comm1ttee,which was favorable to the passage of the_ resolution,was agreed to.

The resolution was adopted.

By Mr. Campbell of Newton-

.

House Bill No.643. A Bill to regulate the con-

struction and equipment of trucks and buses used,

leased,owned,or purchased tor the transportation

ot School Children;and tor other purposes.

Senator McWhorter of the 19th District moved that House Bill No.643 be indefinitely postponed and the motion prevailed.

By Mrs. Coxon of LongHouse Bill No.783. A Bill to amend Section 27-2506
of the Code which provides a punishment for misdemeanors; and tor other purposes.

Senator Jones.o! the 17th District offered the

SATURDAY, MARCH 23, 1935

1975

following amendment: By striking the word "white" from line three of
the caption of said bill and also striking said word "white" from lines :five,seven,twenty,twentysix, and twenty-eigbt,respectively of Section one of said bill.
The amendment was adopted. The report of the committee,which was favorable to the passage of the bill,as amended,was agreed to. On the passage of the bill,as amended,the ayes were 28,nays 3. The bill, as amended,having received the requisite Constitutional majority,was passed. The hour of adjournment having arrived the President announced that the Senate stood adjourned until 2:00 P.M. this day.
AFTERNOON SESSION The President called the Senate to order. Senator Atkinson of the 1st District asked unanimous consent that further consideration of House Bill No.?Ol be deferred and consent was granted. The following bill of the House was taken up for consideration: By Messrs. Mitchell of Taliaferro and sutton of WilkesHouse Bill No.612. A Bill to allow the United States to acquire forest lands in certain counties, and tor other purposes. Senator Evans of the 29th District offered the following amendment: By striking !rom said bill and from the caption

1976

JouRNAL oF THE SENATE,

thereof the words,Columbta,wherever it appears, so that said bill when amended shall not c.ontain the names of this county tn the caption or the main part of the bill.

The amendment was adopted.

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

On were

the 29 1

napyasssaog. e

or

the

bill,as

amended,the

ayes

C

The onst

ibtuiltilo1

as nal

amended,hav1ng received majority,was passed.

the

requisite

Senator Lester of the 18th District asked unanimous consent that House Bill No.612 be immediately transmitted to the House and consent was granted.

Senator Millican of the 35th District moved that the Senate pass Senate Bill No. 14 notwithstanding the veto of the Governor.

On the motion of Senator Millican the roll was called and the vote was as follows:

Those voting in the arfirmative were Senators:

Darden Dennis DuPree Hart Johnston of the 39th

Jones King Larsen McGehee

Millican Rucker Sinmons Smith

Those voting in the negative were Senators:

Atkinson Beasley Chappell Clark Cooper Crawford

Dickerson Duncan Edenfield Evans Goodwin Holt

Johnson or the 31st Kirkland Lancaster McGinty McLeod

SATt:RDAY, MARCH 23, 1935.

19?7

McWhorter Milhollin Pope

Ragan Rawlins Scott

Thomas Vaughn Wright

Verification of the roll call was dispensed with.

The ayes were 13, nays 26~

The motion was lost.

The report of the third Conference Committee,which stated that they failed to agree and asked leave to be dismissed,was read and adopted.

The President appointed as a 4th Co~ttee of Conference on the part or the Senate to confer with a like conmi ttee or the House on House Bill No .620 the following members or the Senate to wit:

Senators M1lhollin of the 46th District, Pope of the 15th District and McWhorter or the 19th District.

Senate Bill No.62 by Senator Gaskins of the 6th District and Senator Simmons of the 8th District, a bill fixing a minimum charge by leaf tobacco warehouses of this State for selling and handling lea! tobaccoiwas taken up for the purpose or considering the fol owing House amendment thereto:

Messrs. Shedd or Wayne and Parker or Colquitt offered the following amendment:

By striking the word "minimum" in the caption of the bill and inserting i~ lieu thereof the word maximum.

And to add to the caption the words, "to provide penalties ror ~he violations or this act.

The Senate agreed to the House amendments to Senate Bill No.62.

Senate Bill No.165 by Senator King o! the 11th

1978

JouRNAL oF THE SENATE,

District, a bill to increase the System of StateAid roads in the State, was taken up for the purpose of considering the following House substitute thereto:
A BILL To be entitled an Act To amend an Act entitled "Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929,pages 260 through 268 and including the map opposite page 268 of said Acts or 1929, so as to add to said map a road from. Fort Gaines, in Clay County, Georgia, to Blakley, in Early County, Georgia, a distance of approximately 20 miles; to provide that the addition of said road on said map shall not require p~ent of gasoline tax or maintenance by the State Highway Department or Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Geor~ia;and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State or Georgia and it is hereby enacted by authority or the same that that certain Act of the Georgia Legislature known as the Neill-Traylor Bill, as said bill appears in the Acts or the Georgia Legislature of 1929,pages 260 through 268,together with the map opposite page 268 of said Acts of 1929,be and the same is hereby amended by placing on said map as fully and completely as though originally drawn on said map that certain road from Fort Gaines in Clay County, Georgia to Blakely 1n Early County,Georgia, a distance of 20 miles, with the right and author!ty 1n the Highway Department to locate or relocate said road in whole or in part. Be it further enacted that, 1f and when said road is so designated by the State Highway Board of Georgia as a State Aid Road, same shall not be considered a part or the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill.

SATURDAY, MARCH 23, 1935.

1979

SECTION 2.

Be it further enacted that,by the addition of said road on said map there arises no obligation on the part of the State or the State Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the gas tax" unless and tm.til said road, or any reloeation thereof,is formally designated as a State Aid Road by the State Highway Department of Georgia and a map,show1ng said road thereon,be filed by the Highway Department,or its duly constituted agent,with the Secretary of State as now provided by law.

SECTION 3.

Be 1t enacted that all laws and parts of laws in conflict herewith are hereby repealed.

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

Mr. President: The House insists on its position of disagreement
to the Senate Amendment to House Bill No.620,the Screw Worm Bill.

The Speaker has appointed as a Fourth Co~ttee

of Conference to confer witn a like Committee on the

part of the ing members

Senate of the

on House House,to

Bill wit:

No.6201 the

follow-

Messrs. Burgin of Marlon, Houston of Worth,and Standard of Wilcox.

The .Senate agreed to the House substitute for Senate Bill No.l65.

Senate Bill No. 243 by Senator Millican of the 35th District, a bill to amend an Act approved August 20,1927z entitled Pension Laws 1n Cities ot 150~000 pop~ation or more,was taken up for the

1980

JouRNAL oF THE SENATE,

purpose of considering the following House amendments thereto:

Amendment to Senate Bill No.243.

Messrs. Hartstield,Almand and Ramsey of Fulton

~ove to amend from the floor Senate Bill No. 243,

as follows:



By striking from Section two {2) or said bill the words and figures appearing in next to the last line or said section,to wit:

"One hundred and fifty {$150.00) dollars per month" and inserting in lleu thereof, the words:

"Two hundred {$200.00) dollars per month."

Also, by striking from Section three {3) or said bill, and in the eleventh {11th) line or said section, the words "January first" and inserting in lieu thereof the words "May f1rst 11 and adding at the end or said section the following:

should said tund at any time be insufficient to

meet and pay said pensions, such Cities shall supple-

ment b~ appropriations !rom current runds~other than

funds derived tram ad valorem taxes,sufficient

amounts to make up the difference."



By striking Section tour {4) and substituting in lieu thereof a new section to be known as Section 4, as follows:

section 4. Be it further enacted that any employee participating in the provisions of this Act and leaves the employ or said Cities before being eligible tor retirement shall have refunded to him an amount equal to the amount paid into the said fund less TWO (2%) per centum per year to cover each year that the employee has paid into the fund and received protection under this Act.

To illustrate,it at the end or the first year the

SATl:RDAY, MARCH 23, 1935.

1981

employee has paid into said fund Ten ($10.00)Do1lars, and leaves the services of the Cities or withdraws from the pension .fund, he shall be entitled to a refund of said Ten ($10.00) Dollars less Two (2%) per centum. If at the end of ten (10) years the employee has paid into said .fund One Hundred ($100.00) Dollars,and leaves the services of the Cities or withdraws from the pension fund,he shall be entitled to a refund of One Hundred ($100.00) Dollars less Twenty (20%) per centum or if at the end of twentyfour (24) years the employee has paid into the fund Two Hundred and Forty Dollars ($240.00) and leaves the employ of the Cities,or withdraws from the pension fund,he shall be entitled to a refund or Two Hundred Forty ($240.00) Dollars,less forty-eight (48%) per centum."
By further adding to said bill a new section to be known as Section 5, as follows:
11Section 5. Be it further enacted that any officer or employee who is not now contributing to any pension fund may,on or before January 1, 1936,become a member of such pension fund and be entitled to all of the emoluments herein provided and receive credit for all of the years of his serv1ces,not exceeding fifteen (15) years,provided he shall pay into said .fund the sum of Two (2%) per centum or his salary,to be computed from Novem~er 1,1927 up_ to May l,l935,in the event he does not provide for the payment of said pension to his widow,and in event he does provide for the continuance of such payments to his widow he shall pay Three (3%) per centum of such salary from November 1,1927 to May 1,1935, and such total amount that may be due to be paid into said pension fund shall be divided into fifty (50) equal installments to be paid monthly over a period of fifty (50) months beglnnigg as of the date of his entrance into said fund."
By adding a new section to. be known as Section 6, as follows:
"Section 6. Be it further enacted that after May 1,

1982

JouRNAL OF THE SENATE,

1935,all persons coming within the provisions of this Act who have previously designated as beneficiary their w1te,or who in the future may designate as their beneficiary their ~re,shall pay into said fund the sum of One (1%) per centum more of their monthly salary than is specified in Section Two (2) of this amended Act."

Further,by adding a new Section to be known as Section 7, as follows:

section 7. Be it further enacted that any and

all off bers of

icer the

sGaenndereaml pClooyuenecsi1eaxncdepdtetphaertmMeanytorhaenaddsmem-

elected by the people,who shall become otticers or

employees of the City of Atlanta after May 1,1935,

shall be compelled to come under the provisions or

said Act other than those eligible for participation

in existing Firemen and Police Pension Laws, and

shall pay into said tund the amount prescribed by

thiS Act."

The words "Officers and Employees"shall be defined as such officers and employees as may be regularly employed by said Cities and who receive an annual wage or salary from said Cities of not less than Twelve Hundred ($1200.00) Dollars.

This Act does not apply to casual employees who receive a daily or hourly wage.

Further, by adding a new Section to be lmown as Section8, as follows:
"Section a. Be it further enacted that the pen-
sions set up and provided tor in this Act shall, in case or death of the pensioner if said pensioner has complied with all the requirements of this Act as to designating the surviving widow,it such pensioner shall leave a surviving widow,be a sum equal to three-fourths (3/4ths) or the amount the pensioner would have received and shall be paid to such widow during the remainder of her life except that such widowrs pension shall be discontinued in case

SATURDAY, MARCH 23, 1935.

1983

or her re-marriage.

In case the officer or employee could have secured a pension on account or his services but !ailed to do so and continued in the service or the City and died without having a pension set apart to said widow subject to the restrictions herein named and provided the pensioner has paid tor such privilege, such widow may apply tor and receive a pension or three-fourths (374ths) or the amount equal to what her deceased husband wvuld have been entitled to and have the sum'of said pension set apart to her during her life of widowhood. Provided,however,in order to entitle the widow to a pension under this Act, she must have been the wife or the officer or employee o! such Cities for a period or five (5) years prior to the retirement or such pensioner or !or five (5) years prior to the time such pensioner was entitled to retire on a pension, or for five (5) years prior to the death or such pensioner,as provided by the terms of this Act."

By adding as follows:

a

new

section

to

be

known

as

Section

91

section 9. se it further enacted that if any part or section of this Act shall be held unconstitutional, the remainder of this Act shall be in full force and errect,provided the ~neral terms o! thls Act shall still be carried out."

SeFcutirotnhelru1b,yaasdfdoinllgowa sn: ew section to be known as

"Section 10. All laws and parts or laws 1n conflict with this law are hereby repealed."

The Senate agreed to the House amendments to Senate Bill No. 243.

Senate Bi~l No.l56 (s. R. 156) by Senator Scott or the 7th District,a resolution proposing an amendment to the Constitution providing for the disposition or cases in the Supreme Court where the tiling

1984

JouRNAL OF THE SENATE,

is delayed by reason or the illness or death or the Clerk or the trial court,was taken up for the purpose or considering the following House substitute thereto:
The committee offered the following substitute: A RESOLUTION.
Proposing to the qualified voters of Georgia an amendment to Article VI,Sect1on II, Paragraph VI, of the Constitution of Georgia,providing for the disposition of cases in the Supreme Court where the filing is delayed by reason or the illness or death of the Clerk of the trial court.
Be it resolved by the General ASsembly of Georgia: Section 1. That Article VI, Section !!,Paragraph VI, of the Constitution of Georgia be and the same is hereby amended by adding at the end of said paragraph the following language: "Provided,that if the tranSmittal of the record be unavoidably delayed by reason of the illnessor death or the clerk or the trial court, or or some member or his family so that the case has not been docketed 1n the Supreme Court before the close of the docket of the term to which it is by law returnable (the facts causing such unavoidable delay to be certified by the clerk in co~ssion and by a judge of the trial court), the case shall be heard at the next term,which shall be regarded as its first term", so that said Article VI,Section II, Paragraph VI, as amended, sba.ll read as follows: Paragraph VI. Cases, how disposed of. The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; and 1n case the pla1nt1f! 1n error shall not be prepared at the first term to prosecute the case-unless prevented by providential cause- it shall be stricken from the docket, and the judgment below shall stand affirmed. Provided, that if the transmittal

SATURDAY, MARCH 23, 1935.

1985

of the record by unavoidably delayed by reason of

the illness or death of the clerk of the trial court,

or of some member of his family so that the case has

not been docketed in the Supreme court before the

close of the docket of the term to which it is by

law returnable (the facts causing such unavoidable

delay to be certified by the clerk in commission and

by at

a t

judge he nex

of tt

the t erm,

rial c which

osmhat1)11

the be

case shall be heard regarded as its

first term."

Section 2. The foregoing amendment shall be published in some newspaper in each Congressional District two monthS before the next general election, and at the next general election shall be submitted to the qualified voters of Georgia tor ratification or rejection. Those desiring to vote in favor of the ratification of the amendment shall have written or printed on their ballots the words "For ratification of the amendment to Article VI, Section II, Paragraph VI of the Constitution, providing for the disposition of cases in the Supreme Court where the filing is delayed by reason of the illness or death of the Clerk of the trial Court". Those desiring to . vote against the ratification of the amendment shall have written or printed on their ballots the words "Against ratification of the amendment to A~ticle VI, Section II, Paragraph VI of the 0onstitution, providing for the disposition of cases in the Supreme Court where the filing is delayed by reason of the illness or death of the Clerk of the trial court." _ It a majority of the qualified voters qu~lified to vote for members of the General Assembly,voting at said election,shall vote 1n favor of the ratification of the amendment, the same shall become a part of Article VI, Section II, Paragraph VI of the Consti tut1on of Georgia, and the Governor shall make proclamation thereof as provided by law.

The Senate agreed to the House substitute for Senate Bill (S.R.) No.l56.

The following resolution of the Senate was read and adopted:

1986

JouRNAL OF THE SENATE,

By Senator Millican of the 35th DistrictSenate Resolution No.l25. A Resolution requesting
His Excellency, the Governor to veto House Bill No. 855 due to the fact that it contains provisions did not carry out the amendment provided by the Senate CoBDDittee on Municipal Government; and for other purposes.
The Conference Committee report, which stated that theY could not agree and asked leave to be dismissed, on House Bill No. 620, lmown as the Screw Worm Appropriation Actt was read.
The President appointed as a 5th Committee on the part or the Senate to confer with a new committee from the House on House Bill No.620 the following members or the Senate to w1t:
Senators Simmons or the 8th District, Goodwin of the 20th District,and McWhorter of the 19th District.
Senator Scott of the 7th District moved that the Senate insist upon its position on House Bill No. 200 and the motion prevailed.
The following bills of the House were read third time and put upon their passage: By Hr. Grayson of Chatham-
House Bill No. 875. A Bill to repeal Section 29301 of the Code of 1933, by enacting a new section in lieu thereof; and for other purposes.
The co~ttee offered the following amendment: By striking from the 23,24,25,26, and 27 lines or Section 1 all words after the ~ords "Provided however, and inserting in lieu thereof the words: "Provided however that covenants restricting lands to certain uses shall not run for more than twenty years in municipalities which have adopted zoning laws.

SATURDAY, MARCH 23, 1935.

1987

The amendment was adopted.

The report of the commdttee,which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, as amended, the ayes were 30, nays 1.

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

By Mr. Terrell of TroupHouse Bill No.B41. A Bill to be entitled an Act
to provide for the inspection of all property. institutions and resources of the State by Legislative Committees; and for other purposes.

The report 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 Mrs. Coxon of Long and Mr. Ramsey of FultonHouse Bill No.313. A Bill to authorize the crea-
tion of a Board of Public Welfare in each County of the State; and for other purposes.

The report of the committee,which was favorable to the passage of the bill, was agreed to.

On nays

ot h. e

passage

of

the

bill

the

ayes

were

28,

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

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

1988

JouRNAL OF THE SENATE,

Mr. President: The House has passed by the requisite Constitu-
tional majority the following bill of' the Senate to wit: By Senator Edenfield of' the 4th District-
Senate Bill No. 53. A bill to be entitled an act to authorize the Commissioner of' Game and Fish to contract with the United States Government f'or the control,pol1cing,patrol1ng,regulating and stocking of' Federal forest lands of' the State of' Georgia with game,birds and f'lsh; and f'or other purposes.
The following message was received from the House
through Mr. Kingery, the Clerk thereof':
Mr. President: The House has agreed to the Senate amendments to
the following bills and resolutions of' the House, to wit: By Mr. Hand of' Mitchell-
House Bill No.980. A Bill to be entitled an Act. to Increase the State Aid System of' Public RoadS by the addition of' a road from Pelham in Mitchell County to Spence in Grady County; and f'or other purposes. By Mr. Moore of' Clayton-
House Bill No.543. A Bill to be entitled an Act to amend an Act creating the of'f'ice of' County Tax Commissioner of' Clayton County, to authorize the employment of' a clerk; and f'or other purposes.
By Mr. Garrett of' Carroll-
House Bill No.340. A Bill to be entitled an act to prevent the spread of' Hydrophobia, or rabies. By Messrs. L1ndsay,Ansley and Guess of' DeKalb.
House Resolution No.21-77a. A Resolution to pay deferred pension of' $1200.00 f'or years 1919 to 1924, inclusive, to Mrs. Eliza L. Beasley.

SATURDAY, MARCH 23, 1935.

1989

The following message was received !rom the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has passed,as amended, by the requisite Constitutional majority the following bill and resolution or the Senate to wit: By Committee on Halls and Rooms-
Senate Resolution No.l06. A Resolution resolved that the Clerk or the House and the Secretary of the Senate shall have custody or the properties and office rooms attached to each House between adjournment or one session and the convening of the following session; providing !or a storage vault for each office; and !or other purposes. By Senator ~llican of the 35th District- .
Senate Bill No.245. A Bill to be entitled an Act to amend an Act establishing a New Charter for the City or Atlanta, approved February 28,1874, and the several Acts ~~endatory thereof.
The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has agreed to the Senate substitutes to the following bills of the House,to wit: By Messrs. Lanier, Harris and Barrett of Richmond-
House Bill No.532. A Bill to be entitled an act to appoint and designate the Board or Education or Richmond County; and tor other purposes. By Messrs. Claxton or Johnson,Rawlins or Ben Hill, Booth or Barrow, and others-.
House Bill No.l07. A Bill to be entitled an Act to provide for the payment or a license by all persons,fishing within the State or Georgia; to pre scribe penalties tor the violations or this Act;and for other purposes.

1990

JouRNAL oF THE. SENATE,

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

Mr. President: The House has agreed to the Senate amendment to
the House Amendment to the following bill ot the Senate,to wit:

By Senator Rucker ot the 50th DistrictSenate Bill No.64. A Bill to be entitled an Act
which is generally known as the l~an shark Bill.

The following message was received trom the House through Mr. Kingery1 the Clerk thereof: Mr. President:
The House has agreed to the Senate amendment to the following bill ot the House, to wit:

By Mr. Grayson ot Chatham-

.

House Bill No.875. A Bill to be entitled an Act

to repeal Section 29-301 ot the Code ot Georgia ot

1933 by enacting a new section in lieu thereot;and

tor other purposes.

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

Mr. President: The House has passed, as amended, by the requisite
Constitutional majority the following bills ot the Senate,to wit:

By Senator Almon ot the 37th District and Senator McWhorter ot the 19th District-
Senate Bill No.l84. A bill to be entitled an act approved August 18,1919,ent1tled "An Act to reorganize and reconstitute the State Highway Department ot Georgia; and !or other purposes.

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

SATURDAY, MARCH 23, 1935.

1991

Mr. President: The House bas agreed to the Senate Amendment to
the following bill o! the House, to wit:

By Messrs. Ramse~L_Harts!ield and Almand o! FultonHouse Bill No.~. A bill to be entitled an act
to amend an act approved August 13,1924 establishing pensions !or members of the Fire Department 1n cities o! 150,000 or more; and !or other purposes.

The following message !rom the House was received through Mr. Kingery, the Clerk thereat:

Mr. President: The House insists on its position o! disagreement
to the Senate .Amendment to the following bill of the House, to wit: .

House Bill No.200. A bill to be entitled an act to relieve the City o! Lakeland, Georgia, o! certain taxes; and !or other purposes. . . . . '

The Speaker has appointed as a Committee otcon-

ference to confer with a like committee on the part

of the Senate, the following members o! the House,

to wit:



Messrs. Harris o! Richmond; Williamsot Co!!ee and Spivey o! Emanuel.

The following communication !rom His Excellency, the Governor, was read:

. March 23, -1935 ~

TO THE GENERAL ASSEMBLY OF GEORGIA:

I- am returning herewith House Bill No.249, with-
out my approval.

HOUSE BILL NO. 249

An Act to amend an act entitled "Ail Act to change trom the tee to the salary system in certain cotm-

1992

JouRNAL or THE SENATE,

ties in Georgia, approved August 13,1924, by making the provisions thereof applicable to all counties having a population of not less than 19,300 nor more than 19,5oo: and for other purposes.

This Bill proposes to put the county officers of Glynn County on a salary. The general law provides for fees for the county officers listed in this Bill. Therefore it is a special law in conflict with the generai law and Is therefore unconstitutional.

Attached hereto is copy of an opinion of the At-

torney General which holds this Bill would be un-

constitutional.



I am vetoing the Bill for this sole reason.

RespectfullY submitted, Eugene Talmadge, Governor.

Honorable Eugene Talmadge Governor of Georgia State Capitol Atlanta, Georgia

March 21,1935 .

Dear Governor:

Re: House Bill no. 249.

I have your request for my opinion as to the constitutionality of this Act.

It amends an Act approved August 13th,l924, which provides for changing certain county officers from a fee basis to a salary system in counties of 200,000 population or more.

House Bill No.249 provides that the Act of 1924 shall also apply to counties having a population of not less than 19,300 and not more than 19.500 according to the census of the Un1 ted states of 1930; and that in such counties, the clerk of the superior court, the sheriff, and the ordinary shall receive salaries in lieu of fees. The bill fixes the salary

SATURDAY, MARCH 23, 1935.

1993

ot the annum;

cler the

k o! salar

th y

e superior or the she

court ritf a

ta$t 2$,72u17o0.o0o.0

0p per

e

r

annum; and the salary o! the ordinary at $2,400.00

per annum. It also provides that the clerk ot the

superior court may employ a deputy at a salary ot

$1,500.00 per annum and that the sheri!! may employ

one deputy to act as deputy and jailer at a salary

ot $1,800.00 per annum, and in addition, a clerk at

a salary o! $1,200.00 per annum. It further provides .

that the county shall turnish the sheri!! an automo-

bile tor o!ticial businessonly and that the county

shall pay the expenses o! operating the automobile.

By its terms 1t is apparent that the proposed bill can have application only to Glynn County since that is the only county in Georgia with a population o! not less than 19,300 and not more than 19 500, under the census ot 1930. There is no provis!.on in the bill whereby it can apply to other counties which may hereafter come within the classification sought to be made.

Accompanying your request tor an opinion is a co,mmunication !rom th~ Chairman ot the Board ot Commissioners o! Roads and Revenues ot Glynn County, with a formal resolution o! the board protesting against this Act, also an opinion furnished the Board by Messrs. Conyers arid Gowen,County Attorneys ot Glynn County, in which they state their conclusion that the proposed Act is unconstitutional.

The compensation ot ordinaries, sheri!!s and clerkS ot the superior courts is fixed by the general_j.aw ot this State. Code o! 1933, Sections 24-
2727, 24-2823, 24-1716~

The Act ot 1924, which is sought to be amended, . was held to be constitutional by the Supreme Court ot Georgia in the case ot

Abbott v. Commissioners 160 Georgia, 657.

However, only tour justices participated in the

1994

JouRNAL oF THE SENATE,

opinion; one of the justices being absent and the other d1ssenting.

Giving effect to the opinion o~ the Supreme Court in the Abbott easel the general law of this State now provides that 1n all counties, except those having a population of 200,000 or more the county officers dealt with in the proposed act shall be compensated on a fee basis and in counties of 200,000 or less they shall be compensated on a sal~7 basis.

Article 1, Section 4 of Paragraph 1 of the Constitution of Georgia provides that

Laws of a general nature shall have uniform

operation throughout the State and no special

law shall be enacted in any case for which

provision has been made by an existing general

law. 0



In the case of

Atkinson v. Bailey 135 Georgia, 336,

the Supreme Court held that an Act of 1903, authorizing Camden County to pay the sheriff of ~he county a salary in addition to the fees fixed by law, was unconstitutional and void because violative of the constitutional provision just referred to.

There have been many cases before the Supreme Court in which statutes relating to particular counties and counties of restricted classes were attacked as unconstitutional because violative of the quoted provision of the Constitution. I have yet to find a single case in which the Supreme Court has upheld such a law, except those relating to Fulton County which provide that all counties ot a stated figure or over shall come within the class. In other words, the Supreme Court has never, so far as I have been able to find, upheld a special act which contained both a maximum and minimum

SATURDAY, MARCH 23, 1935.

1995

li~tation as to population. In all these cases the Supreme. Court has uniformly held that such restrictions prevent the act from having uniform application throughout the State.

Some of these cases are,

:Board of Commissioners v. Americus 141 Georgia, 542;

Macon v. Bibb County 150 Georgia, 166;

Mayor of Danville v. Wilkinson County 166 Georgia, 460;

Cain v. The State, 166 Georgia, 539;

Medders v. Stewart 172 Georgia, 507;

Hollingshead v. Marbut 172 Georgia, 531.

The fact that the proposed bill seeks to amend the Act ot 1924, does not change the rule.

In the case of

Mathis v. Jones 84 Georgia, 804,

the Supreme Court said:

you can not make a general statute cease to be general otherwise than by another statute repealing 1tA law once territorially general must remain so until it is wholly repealed, however its provisions m~ be otherwise varied by subsequent legislation.

In the case of

Futtrell v. Georgia 138 Georgia. 265,

19.96

JouRNAL OF THE SENATE,

the Supreme Court, in holding a special act unconstitutional, said,

8 This case is not altered by the tact that the

act held to be unconstitutional purports to be

an amendment to the Act ot 1897, and amenda-

tory ot the road law embraced in the sections

ot the Code referred to."



In that the case the court quoted approvingly the language ot Chief Justice Blackley in Mathis v. Jones, supra,

"There is no way or converting a statute terr1tor1ally general into one territorially special. It may be altered at will save that whilst it has lite it must live over all the State With equal vigor, and can be excluded trom no nook or corner in which there 1s a subject matter tor its operation. Any ot its attributes may be changed or destroyed except its territorial general! ty and unitorm1 ty. These must be as enduring as its lite. It 1t is the will or the legislature to make a law which is operative throughout the State, its operation must be uniform.

I must hold that House Bill No. 249 1s violative ot Article 1, Section 4, Paragraph 1 or the Constitution.
Yours sincerely

Attorney General

The following communication trom His Excellency, the Governor, was read:

March 23, 1935

TO THE GENERAL ASSEMBLY OF -GEORGIA:

I alii returning herew1 th House Bill No. 762, w1thout my approval.

SATURDAY, MARCH 23, 1935.

1997

HOUSE BILL NO. 762

An Act to provide that in certain counties where ot.tices o.t tax-receiver and tax-collector have been abolished and tax commissioner created; said tax commissioner shall be ex-officio sheritts tor purpose o.t collecting tax ti tas., and tor other purposes.

This Bill provides that in counties having population o.t not less than 5,188 and not more than 5,192 that the tax commissioner shall be ex-otticio sheri!t and shall have all the powers now vested in sheriffs to make levies, advertise and sell properti and o~rwise enforce tax ti. .tas.

Attached hereto is copy o.t an opinion rendered by

the Attorney General holding this Act unconstitu-

tional.



I am vetoing this Bill .tor that reason and also because, in my opinion, it would be unwise .tor the tax commissioner to levy on and.sell property and attempt to make deeds thereto, which .tees would be void. Innocent people would probably pay their money !or property and get a deed !rom the tax comm1ssioner which would be void because o.t the .tact that he was acting under this Act which is unconstitutional.

Respectfully ~ubm1tted,

Eugene TaJ.ma:dge Governor.

1

March 20,1935 Honorable Eugene Talmadge Governor State capitol Atlanta,Georgla Dear Governor:
Re: House Bill No. 762

I have your request .tor an opinion as to the con-

1998

JouRNAL OF THE SENATE,

st1tut1onal1ty of this Act. It provides that in counties having a population
of not less than 5,188 and not more than 5,192, according to the census of the United States of 1930, where the offices of tax collector and tax receiver have been merged in accordance with the Constitution, the tax commissioner shall be ex officio sheriff and shall have all the powers now vested in sheriffs to make levies, advertise and sell property and otherwise enforce tax fi. fas.
Under the ruling of the Supreme Court in the case of
Medders v. Stewart 172 Georgia, 507, this bill is plainly violative or Article 1, Section 4, Paragraph 1 of the Constitution. The Constitution of this State authorizes the General Assembly to consolidate the offices or tax collector and tax receiver and provides tor the performance of the duties of both offices by one officer to be known as county tax commlssioner and to fix the compensation of such tax co:rmnissioner. The Constitution does not, however, authorize the Gener-. al Assembly to impose uport any such tax commissioner duties which are not already imposed upon tax collectors and tax receivers. For the reasons stated, House Bill No. 762 is in my opinion unconstitutional.
Yours very truly Attorney General
The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House insists upon its disagreement to the Senate Amendment to the following Bill of the House to wit:

SATURDAY, MARCH 23, 1935.

1999

By Mr. Pound of HancockHouse Bill No. 807. A Bill to be entitled an Act
to.provide for the leasing and controlling of the State's property not covered by lease in Chattanooga; and !or other purposes.
The Speaker has appointed as a fourth Committee of Conference to confer with a similar committee on part of the Senate, the following members or the House; to wit:
Messrs. Cobb of Clarke, Townsend ofDade, and Flynt of Spalding.
The Conference Committee report on House Bill No. 807, which stated that the conferees were unable to agree and asked that. they be dismissed, was read.
terTehneceProensidtheentpaaprpt ooinf tethdeasse4ntahteCtoommcoitntefeerowf iCthona-
like committee of the House on House Bill No.807, the following members of the Senate,to wit:
Senators Kirkland of the 49th District, Beasley of the 2nd District, and Clark of the 44th District.
Senate Resolution No. 106 by the Committee on Halls and Rooms, a Resolution that the Clerk of the House and Secretary of the Senate shall have custody of the properties and office rooms attached to each House between adjournment of one session and the convening of the following session, was taken up for the purpose of considering the following House amendment thereto-:
Mr. Harris of Richmond offered the following amendment:
By adding a new paragraph at the end of said Resolution as follows:

2000

JouRNAL or THE SENATE,

Resolved further that the President of the Senate be and he is hereby designated as the Custodian of the office and fixtures of the President's office adjoining the Senate Chamber until his successor is elected and_qualified and is charged with the responsibility of delivering possession of same to his successor and the Speaker or the House or Representatives is iikewise designated as exclusive custodian of the Speaker's roam No.312 adjacent to the House and postottice ot the House or Representatives until his successor is elected and qualified and is likewise charged with the responsibility of delivering of same to his successor. And amend the caption accordingly.
The Senate agreed to the House amendment to Senate Resolution No.lOS.
Senate Bill No. 245 by Senator ~llican of the 35th District, a bill to amend an Act establishing a New Charter tor the City of Atlanta, was taken up tor the purpose of considering the folloWing House amendment thereto:
Messrs. Almand and Ramsey of Fulton offered the following amendment:
By adding a new section to said Act to be known as Section 5, to wit:
"section 5. Be it further enacted that an Act en- titled An Act to provide that all Cities having a population of more than One Hundred Fi-fty (150,000) Thousand Inhabitants shall provide pensions tor the following officers and employees provided they are in office at the timeof the passage of this Act and have served twenty-five (25) years, etc.' approved August 15,1927, (Acts 1927 Page 268) be and the same is hereby repealed."
The Senate agreed to the House amendment to Senate Bill No. 245.
Senate Bill No. 200 by Senator Lester of the 18th

SATURDAY, MARCH 23, 1935.

2001

Distriet, a bill proposing an amendment to the Constitution of Georgia so as to authorize Richmond County to make temporary loans; and for other purposes, was taken up for the purposes of considering the following House amendment thereto:

Messrs. Bloodworth, Bowden and Freeman of Bibb 2o0ff0e: red the foll.owing amendment to. Senate Bill No.

By adding both the caption and body thereof by adding immediately after the words Richmond County the following words, "and Bibb County," so that when amended said Act shall apply to Richmond County and Bibb County.

The Senate agreed to the House amendment to Senate Bill No. 200.

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

Mr. President: The House has disagreed to the Senate amendments
to the following bill of the House, to wit:

By Mr. Milam of Spalding-

House Bill No. 155. A Bill to be entitled an Act

to regulate hunting in this State; and for other

purposes.



The Speaker has appointed as a Committee of Conference on part of the House to confer with a similar comnittee on part of the Senate on House Bill No. 155, the following members of the House, to wit:

Messrs. Campbell of Newton, Deal of Bulloch, and Moye of Brooks.

The following bill of the House was read third timeand put upon its passage:

2002

JouRNAL OF THE SENATE,

By Messrs. Jackson o:r BleckleyJ. Bloodworth or Bibb, Parker o:r Colquitt, Almand or ~ulton, Reagan o:r .Henry and Bennett o:r Ware. House Bill No. 164. A Bill to create a corporation to be known as the "Georgia Bar"; and tor other purposes.

This being a highly controverted matter which was to bring :rorth much debate, it was agreed that interruptions would be in order during the discussion ot this measure.

The following resolution o:r the Senate was read and adopted:

By Senator McGehee o:r the 25th District, Senator Vaughn o:r the 34th District and others-
Senate Resolution No. 126.

A RESOLUTION

WHEREAS during the present session o:r the General Assembiy it has been necessary tor many members to call upon Honorable M. J. Yeomans, Attorney General, and the Department o:r Law !or aid in the preparation o:r bills and resolutions; and

WHEREAS, the Attorney General and his assistants have worked untiringly and unceasingly to aid the members o:r this Body in its work~ and have rendered material assistance in the preparation or bills and resolutions, having prepared tor the General Assembly more than six hundred bills and resolutions, and having efficiently and faithfully served the General Assembly during the entire session with uniform courtesy and consideration; and

WHEREAS, during the past two years the Attorney

General and the Department o:r Law have carried on

a large volume or litigation tor and on behalf or

the State, 1n which they have been unusually success-

!~;

.

THEREFORE, BE IT RESOLVED BY THE SENATE, that the

SATURDAY, MARCH 23, 1935.

2003

Senate does hereby commend the Attorney General and the Department or Law tor their valuable and etticient services to the State, and does hereby express to the Attorney General the appreciation or the Senate tor the assistance rendered during the present session, and tor the uniform courtesy shown the members ot the Senate.

RESOLVED, FURTHER, that this resolution be entered on the Journal or the Senate, and that a copy, suitably engrossed, be delivered to the Attorney General.

Senator Vaughn or the 34th District moved that the report or the Committee which was ravorable to the passage or House Bill No.l64 be agreed to.

The Senate took a recess.

senatorcrawrord or the 42nd District assumed the

Chair and recognized Senator Beasley or the 2nd Dis-

trict who, Charles D.

in behalf or Redwine with

the ab

eSaeuntaittlel1i

presented Hon. silver Tray as

a token or the love and esteem or the Senate tor

its presiding otticer.

The President accepted the beautiful silver remembrance in words or appreciation.

Senator Atkinson ot the lst District then presented Hon. John W. Hammond, Secretary or the Senate, with a beautiful girt.

Senator Chappell or the 13th District presented the other otticers and attaches or the Senate with timely girts, some or which were received with eloquest words or appreciation.

The President resumed the Chair.

The following message rrom the House was received through 11r. Kingery, the Clerk:

Mr. President: The House has agreed to the Conference Committee

2004

JouRNAL oF THE SENATE,

report on the following bill of the House, to wit: By Mr. Spivey of Emanuel-
House Bill No. 561. A bill to be entitled an act to annually, in addition to ad valorem tax, levy and collect a tax for the support of the State Gov~rnment; and for other purposes.
The following Conference Co~ttee report on House Bill No. 561, lmown as the General Tax Act, was rea,d and adopted: Mr. President:
Your conference committee on House Bill 561 known as the General Tax Act begs leave to submit the following report:
Your committee recommends that the Senate recede from its position as to paragraph 11
.Your committee recommends that the House accept the Senate amendment to paragraph 13-A.
Your committee recommends that the Senate recede from its position as to senate amendment to paragraph 35-A.
Your committee recommends that the Senate recede from its position as to paragraph 33.
Your committee recommends that the House accept the Senate amendment as to paragraph 36.
Your committee recommends that the House and Senate both recede from its position on paragraph 41 and that the figure $200 be inserted in line 3 in lieu of the figure $250 as in paragraph 1 and the folloWing proviso added:
"Provided that the term Commercial Reporting Agency shall not be construed to include a person who collects information for a Commercial Reporting Agency and furnishes same to such Agency tor a compensation."

SATURDAY, MARCH 23, 1935.

2005

Your committee recommends that the House accept the Senate amendment of paragraph 58~.

Your committe recommends that the House accept the Senate amendment to sub-paragraph 2 of paragraph 66.

Your committee recommends that the House accept the Senate amendment to paragraph 80.

Your committee recommends that the House accept the Senate amendment to paragraph 84.
Your committee recommends that the House recede from its position on paragraph 1 of paragraph 86 and accept the Senate amendment in lieu thereof except the Senate to recede as to its position on the last paragraph of the Senate amendment which reads as follows:
An dealers of toy pistols of any kind doing business in this State shall pay a tax of $500."

Your committee recommends that the Senate recede from its position as to paragraph 92.

Your committee recommends that the House accept the Senate amendment as to paragraph 93.

Your committee recommends that the Senate amendment to paragraph 108 be adopted.

Your committee recommends that the House agree to Senate amendment as to paragraph 110.

2006

JouRNAL OF THE SENATE,

Your committee recommends that the House accept the Senate amendment as to section 7, paragraph 3.
Respectfully submitted, Spivey or Emanuel Freeman of Bibb Harris or Richmond stmmons or the 8th District Millican or the 35th District Strickland or the 3rd District
The Senate insisted upon its position on House Bill No.l55, known as the Fishing License Tax Act.
The President appointed as a Co~ttee or Conterence on the part or the Senate to confer with a similar committee or the House on House Bill No.l55 the following members or the Senate,to wit:
Senators Edenfield or the 4th District, Beasley or the 2nd District! and ~lhollin or the 46th Distr ct.
The Senate insisted upon its position on House Bill No. 200, relative to Tax Exemption in Lanier Cot.mty.
The President appointed as a Committee or Conterence on the part or the Senate to confer with a similar committee or the House on House Bill No.200 the following members or the Senate,to wit:
Senators MCGehee or the 25th District, Skelton or the 30th District, and Vaughn or the 34th District.
Senate Bill No. 184 by Senator Almon or the 37th District and Senator McWhorter or the 19th District, a bill to reorganize and reconstitute the State Highway Department or Georgia was taken up tor the purpose or considering the roilowing House amendment thereto:
Mr. Townsend or Dade orrered the tollowing amendment:

SATlJRDAY, MARCH 23, 1935.

0007

By striking the last 4 lines of section one of said bill and inserting in lieu thereof the following:
"Provided that nothing contained in this Act shall prevent the State Higb~ay Board from using State Highway funds for the purpose of purchasing rightof-way, or to pay the purchase price thereof, or to pay any damages awarded on account of the location of any such State aid road, or from assisting the Counties in so doing."
The Senate agreed to the House amendment to Senate Bill No. 184.
The report of the Conference Committee on House Bill No. 155, which stated that the conferees were unable to agree and asked leave to be dismissed, was read and adopted.
The Senate insisted upon its position on House Bill No.l55.
The President appointed as a second Committee of Conference on the part of the Senate to confer with a similar committee on the part of the House on House Bill No.l55 the following :m.embers of the Senate, to wit:
Senators Crawford of the 42nd District, Edenfield of the 4th District, and Beasley of the 2nd District.
On the motion by Senator Vaughn of the 34th District that the report of the comm1ttee which was favorable to the passage of House Bill No. 164 be agreed to,the previous question was moved and the motion prevailed.
The ayes and nays were called for and the call was sustained.
On agreeing to the report of the conun1ttee on House Bill No.l64 the roll was called and the vote was as follows:

2008

JouRNAL OF THE SENATE,

Those voting in the a!!i~tive were Senators:

Almon Atkinson Beasley Cannon Chappell Clark Crawford Dickerson Duncan Edenfield
Gary

Hart

Mllhollin

Johnston or the M1111can

39th

Ragan

Jones

Rucker

Kiker

Simmons

King

Skelton

Lancaster

Smith

Lester

Strickland

McGehee

Thoms

McGinty McLeod

Turner
Vaughn

McWhorter

Wright

Those voting in the negative were Senators:

Carrington Cooper Darden Dennis Evans

Goodwin

Kirkland

Harden

Larsen

Holt

Pope

Johnson or the Rawlins

31st

The roll call was verified.

The ayes were 34, nays 13.

The report or the committee,which was favorable to the passage or the bill~was agreed to.

Senator Kirkland or the 49th District moved that House Bill No. 164 be indefinitely postponed.

The following resolution or the House was read:

By Messrs. Stephens o! Laurens and Bennett of WareHouse Resolution No.254. A Resolution asking
that the Senate strike Section 18 or House Bill No. 164.

The following Conference Committee report on House Bill No. 240 was read and adopted:

SATlJRDAY, M~RCH 23, 1935.

2009

Mr. President:. Mr. Speaker:

Your Conference Committee appointed on House Bill No.240, known as the General Appropriation Bill, have !ailed to reach an agreement and beg leave to be relieved and that another committee be appointed.

Lester o! the 18th District Clark o! the 44th District King o! the 11th District On the part of the senate

Culpepper o! Fayette Johnson o! Seminole settle or Butts On the part o! the House

Senator Lester o! the 18th District moved that the Senate insist upon position on House Bill No.
240.

The President appointed as a new Conmittee o! Conterence on the part_o! the Senate to conter with a similar committee o! the House on House Bill No.240 the following manbers o! the Senate to wit:

Senators Lester o! the 18th District, Mllhollin o! the 46th District, and Duncan o! the 23rd District.

onTHheoufsoellBowililngNor.e8p07o,rtknoo!wntheasCtohnefewre.n&ceAC. oRmamilirttoeaed
Bill, was read and adopted.

Th~ Conference Committee on House Bill No.807 has had under consideration the said Bill and amendment and reports herewith that it is unable to agree.

Cobb o! Clarke

Kirkland ot the 49th Dis-

Flynt ot Spalding

trict, Chairman

. Townsend ot Dade

Beasley ot the 2nd District

Clark of the 44th District On the part of the House On the part of the Senate

2010

JouRNAL oF THE SENATE,

Senator Kirkland of the 49th District moved that the Senate insist on its position on House Bill No. 807 and that a new Committee of Conference be appointed.
The motion prevailed.
The President appointed as a 5th Committee of Conference on the part of th'e Senate to confer with a similar committee of the House on House Bill No. 807 the following members of the Senate,to wit:
Senators Kirkland of the 49th District, Beasley of the 2nd District, and Clark of the 44th District. .
Senator Rawlins moved that the Senate adjourn until 8:00 o'clock P. M.
On the motion of Senator Rawlins, Senator Larsen of the 16th District moved the previous question and the motion prevailed.
Senator Rawlins' motion prevailed.
The President announced that the Senate stood adjourned until 8:00 o'clock P.M.
NIGHT SESSION Senator Rawlins of the 45th District, President Pro Tem.of the Senate,called the session to order.

The following report or the Conference Co~ttee

on House Bill No. 200, relative to Tax Exemption 1n

Lanier Cotmty, was read:



SATURDAY, MARCH 23, 1935.

2011

Mr. President: Mr. Speaker:
Your committee on ~onterence on House Bill No.200, the same being a bill relating to the city of Lakeland,GeorgiS4reports that it is unable to agree.
Respectfully submitted, McGehee of the 25th District Vaughn of the 34th District On the part o! the Senate Williams of Coffee Harris of Richmond Spivey of Emanuel On the part of the.House
The following message from.the House was received through Mr. Kingery, the Clerk: Mr. President:
The House bas adopted the Conference Committee report on the following bill of the House, to wit: By Mr. Culpepper of Fayette-
House Bill No. 240. The Appropriation Bill. The Speaker has appointed as a second Commdttee of Conference to confer with a like committee !rom the Senate, the following members of the House,to wit: Mr. Culpepper of Fayette. Mr. Johnson o! Seminole. Mr. Watson of Paulding. The following message from the House was received through I1r. Kingery, the Clerk: Mr. President: The House has agreed to the Senate Amendment to the following bill of the House, td wit:

2012

JouRNAL OF THE SENATE,

By Mrs. Coxon or LongHouse Bill No.783. A bill to be entitled an Act
to amend Section 27-2506 or the 1933 Code which provides a punishment :ror misdemeanors, so as to provide that no white female convicted under the age_ or 18 shall be sentenced to labor and confinement in the Womans Prison on the State Farm; 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 Constitu-
tional majority the following resolution or the Senate, to w1 t:

By Senator Vaughn o:r the 34th DistrictSenate Resolution No.ll7. A resolution requesting
the Legislature or all States to exempt the products o:r American :rarms !rom the provisions o:r existing or contemplated l~ws in the interest or the common welfare; 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 Constitu-
tional majority the following bills and resolution of the Senate to wit:

By Senator Edenfield o:r 4th District-

Senate Bill.No.Sl. A bill to be entitled an act

to regulate and proh1b1t the storage or game,b1rds,

aonthimeralgsa,mdeeaenr1mw1allds,

turkey,squirrel,rabbit and all to provide penalties for vio-

lation o:r this Act; and :ror other purposes.

BY Senator King o:r 11th DistrictSenate Bill No.l42. A bill to be entitled an act
regulating the sale o:r firearms including machine guns,prescriblng the keeping and sale o:r such arms, and nrov1d1n~ a nenalty for the-violation o:r this

SATL"RDAY, MARCH 23, 1933.

2013

Act; and for other purposes.

By Senator Edenfield of 4th DistrictSenate Bill No.50. A bill to be entitled an Act
to regulate and prohibit hunting of deer or other game animals at night, to prohibit the use of lights for hunting at night, to prescribe penalties therefor; and for other purposes.

By Senator Duncan of 23rd District-

Senate Resolution No.ll3. A resolution by the

General Assembly that Resolution No.34 on page 1178

of the Acts of 1933, providing for purchases for

State institutions be amended by adding "Provided

however, this resolution shall apply only to the

products of such States or territories other than

the State of Georgia, as may at any time have in ef-

fect any provision, act, resolution barring the prod-

ucts of the State of Georgia,etc.



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

Mr. President: The House has agreed to the Senate Amendments to
the following bill and resolution of the House, to wit:

By Messrs. Booth of Barrow and Adams of FranklinHouse Resolution No.238. A resolution authorizing
the Governor to divert, one thousand six ~undred forty dollars and seventy-seven cents now in State Treasury to the common school fund or the State.

By Messrs. Mitchell of Taliaferro and Sutton of Wilkes-
House Bill No. 612. A bill to be entitled an Act to allow the United States to acquire forest lands in certain counties.

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

2014

JouRNAL or THE SENATE,

March 23, 1935.

TO THE SENATE:

I respectfully request that you return to the Executive Office Senate Bill No. 151, together with the message thereon

. This bill was vetoed through misapprehension.

Very truly yours, Eugene Talmadge, Governor.

Senator McGehee of the 25th District moved that

the Governor's request that Senate Bill No. 151

be returned to him along with the veto message on .

same be granted.

~

-

The motion prevailed.

(Note--under date of March 28 the foregoing letter was withdrawn by His Excellency, Governor Talmadge, as appears elsewhere in this Journal.)

The following resolution of the Senate Was read and adopted:

By Senator Atkinson of the 1st District and Senator Scott of the 7th District-
Senate Resolution No. 127. A Resolution.

A RESOLUTION

WHEREAS, our nation is going through a state of economic and financial distress and the example and precepts of the present governor ot Georgia in steering clear ot all unsound and experimental principles ot government stands as a beacon light t(f:: : the governors ot each o! the States;

AND BELIEVING FURTHER that the inflexible :Pr1nc1;.;.. ples ot sound economic government and financial administration are the only principles on which a

SATURDAY, MARCH 23, 1935.

2015

government may survive and a people prosper; and that these principles and the other measures that the present governor of Georgia has advocated will rebound to the prosperity of all Georgia and inculcate in our people the high responsibilities of citizenship as well as increase the happiness of all our people;
THEREFORE, BE IT RESOLVED, by the Senate of Georgia 1n meeting assembled, that we express our esteem and confidence in our present Governor! the Honorable Eugene Talmadge, whom we believe h story will recall as one of Georgia's greatest governors;
BE IT RESOLVED,that a copy of this resolution be spread on the Journal of the Senate and a copy transmitted to His Excellency, Eugene Talmadge, Governor of Georgia.
The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House has adopted the report of the Committee on Conference on House Bill No.l55, by Mr. Milam of Spalding, known as the game and fish bill.
The Speaker has appointed as a Second Committee o! Conference to confer with a like committee on part of the Senate the following members of the House, to w1 t:
Messrs. Campbell of Newton, Jones of Lumpkin, and Flynt of Spalding.
The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President:
The House bas adopted the report of. the Fourth Committee o! Conference on House Bill No. 807, the Western and Atlantic lease Bill.

2016

JouRNAL OF THE SENATE,

The Speaker has appointed as a Fifth Committee of Conference to confer with a like committee on part or the Senate on House Bill No. 807 the following members or the House, to w1 t:
Messrs. Atwood of Mcintosh Terrell of Hall, and Griffin or Floyd.
The report or the Conference Committee on House .Bill No.l55, which stated that they could not agree and asked leave tmt they be dismissed, was read.
The President appointed as a new Conference Committee on the part of the Senate to confer with a similar committee or the House on House Bill No. 155 the following members or the Senate, to wit:
Senators Beasley of the 2nd District, McGinty of the 43rd Distric~, and ~ones of the 17th District.
On the motion or Senator Kirkland or the 49th District, Senator Millican of the 35th District moved the previous question and tbe motion prevailed.
On the motion to indefinitely postpone House Bill No. 164, Senator Evans called for the ayes and nays and the call was sustained.
On the adoption of the motion by Senator Kirkland or the 49th that House Bill No. 164 be indefinitely postponed, the roll was called and the vote was as . follOWS':

Those voting in the affirmative were senators:

carrington Chappell Cooper Dennis

DuPree
Evans
Gary Goodwin

Harden Hart Holt Johnson of the
31st

SATURDAY, MARCH 23, 1935.

2017

Kiker Kirkland Larsen McGehee

McLeod Pope Ragan Rawlins Rucket

Scott Sim.ons Thomas Turner

Those voting in the negative were Senators:.

Almon Atkinson Beasley Clark Crawford Duncan Edenfield

Johnston of the 39th Jones King Lester McGinty McWhorter

Milhollin Millican Skelton Smith Str-1 ckland Vaughn Wright

The roll call was verified.

The ayes were 25, nays 20.

The motion having receive~ the requisite Constitutional majority, was adopted.

Not voting were: Senators Cannon of the 40th Dis-

trict! Darden of the 51st District, Dickerson of the

5th D strictL Gaskins of the 6th District, Lancaster

of the lOth District.



The following report on House ~ill No. 807,

konfowthneaCs otnhfeerwen. c&e

Committee A. Railroad

Bill, was read and adopted:

Mr. President: The Conferees from the House of Representatives
and the Senate on House Bill No.807 have agreed as follows:

lst. The House Conferees and the Conferees from the Senate recede from their position and agree as follows:

To amend Section 3 in said Bill as follows:

By striking from Said Section the follovting: "Pro-

2018

JouRNAL OF THE SENATE,

videdlhowever,no lease to said property for more than ~wo years shall be made except subject to the approval of the General Assembly or Georgia In and inserting in lieu thereof the following:
"Section 3. That said Commission shall have authority to negotiate for and enter upon a lease contract or contracts for the use of said property,and if in their discretion no advantageous lease can be made, to rent said property from month to month or year to year so as to derive the highest possible income therefrom for the StateLprovided,however,no lease to said property for mor3 ~han ten years shall be made."
Kirkland of the 49th District Beasley of the 2nd District Clark of the 44th District Oil the part of the Senate Griffin of Floyd,Chairman Griffin of Decatur Atwood of Mcintosh On t~e part of the House. The following message was received from the House through Mr.Kingery,the Clerk thereof: Mr.President:
The House has agreed to the report of the Committee of Conference on the following Bill of the House to wit:
By Mr. Pound of HancockHouse Bill No.807. A Bill to be entitled an Actto
provide for the leasing and controlling of the Staters property in Chattanooga,not covered by lease; and for other purposes.
The following resolution of the Senate was read and adopted: By senator Lester of the 18th District and Senator McGinty of the 43rd District-
Senate Resolution No.l28. A RESOLUTION
WHEREAS,a Constitutional amendment has been adopted by the General AssemblY providing for a limitation on tangible property of 15 mtlls,and at the

SATURDAY, MARCH 23, 1935.

2019

same time providing tor a classification ot intangible property with a limit of 15 mills, and

WHEREAS, provision is made in such Constitutional Amendment limiting both county and municipal taxation, and

WHEREAS, it will be necessary tor a careful and thoro study to be made of the local govermental units, and provision made by the next Session of the General Assembly tor consolidation of governme~tal agencies as well as a revision of the antiquated tax system of this state,

BE IT RESOLVED by the Senate that the Governor be requested to create a commission on economy and taxation to consist of seven members, two of whom shall be members of the Senate. two of whom shall be members of the House of Representatives, the same to be designated by the Governor together with three citizens of the state to be named at the same time.

RESOLVED FURTHER that 1t shall be the duty of

said commission to inquire into the organization

and functioning of state and local governments,into

their expend!tures, costsidebts, revenu.es, ar,d system

or taxation, and to deve ,op, on the basis or its

findings and studies and its consideration of the

experience o tions and to

f othe draft

r

lsegtaistelas~1 1coonn

str th

uct at,

i

v i

e f

recommendaadopted,

would 1n its opinion make for simplicity in the

structure of government and economy and effective-

ness in its administration and that would distribute

the burden of its support in an eq;ui table and practi-'

cable way. Among other things,the commission shall:

(a) Analyze the structure of local government 1n the state and ascertain the legal status,jurisdict1on, and functions of each type of unit ot local government now provided tor by law.

{b) Inquire into the organization tor, and the administration ot, each major function of local

2020

JouRNAL oF THE SENATE,

government,ascertain the allocation or responsibili-

ty for the function of the existing arrangement,

appraise the economy and effectiveness with which

each type of service is rendered, and prepare recom-

mendations for such transfers or reallocations of

functions and activities as among the various units

or local government and as between these units and

for simplifications,consolidations,or other revi-

sions in the organization structure of local govern-

ment.



(c) Make such analyses or the expenditures, indebtedness, and revenues of the state and local governments, and of probable future expenditures, debt service chargesi and revenues, as will reveal the present financia condition and needs and the probable future requirements to be met by the system of state and local taxation.

(d) Study the existing system of state and local taxation and determine wherein it fails to provide for an equitable distribution of the tax burden, ascertain the weaknesses and inadequacies. Develop a balanced program of taxation that will draw on the desirable sources of revenue in their right proportion, and that will provide for a practicable separation or sources for, or allocation of revenues to, state and local government units, and for the most desirable division of responsibility for administration and collection.

RESOLVED FURTHER, that said commission shall render its final report to the Governor on or before July,l, 1936, and may make interim reports at any t1me prior to such final report. The Commdssionts report shall set out its findings and recommendations and may propose such legislation as it deems to be needed to effect essential changes and improvements in the existing laws relating to any or all of the matters enumerated herein. The Governor shall be authorized to pay the actual necessary expenses of the commission from any funds at his disposal.

SATURDAY, MARCH 23, 1935.

2021

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

By Hr. Gammage of TerrellHouse Bill No.929. A Bill providing a method for
the erection ot fish ladders or passageways for the passage of fish in the fresh water streams of this State; and tor other purposes.

The report of the commdttee,which was favorable to the passage of the bill, was agreed to.

o. On the passage of the bill the ayes were 27, nays

The bill having receivedthe requisite Constitutional majority, was passed.

By Hr. Smith of Madison and Mrs. Coxon of Long-

House Bill No.547. A memorial to the memory

BofilDl rp. roCvraidwifnogrdfuwn.dLs ofnogr;

and

for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill it involving an appropriation, the roll was cailed and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Beasley Cannon Cooper Crawford Dennis DuPree Evans Gary Goodwin Harden Hart

Johnson of the 31st Johnston of the 39th Kiker King Kirkland Larsen McLeod McWhorter Millican Pope

Ragan Rawlins Rucker Scott Simnons Skelton
Smith
Strickland Thomas Turner Vaughn Wright

2022

JouRNAL OF THE SENATE,

Those voting in the negative were Senators:

Chappell

McGehee

Verification of the roll call was dispensed with.

The ayes were 35,nays 2.

The bill having received the requisite Constitution~! majority, was passed.

Not voting were Senators Carrington or the 27th

District, Clark of the 44th District, Darden of the

51st District{ Dickerson of the of the 23rd D strict, Edenfield

5th of t

Distri he.4th

cDt 1iDsltllrlci cant ,

Gaskins of the 6th District, F~rt of the 36th Dis-

trict, Jones of the 17th District, Lanca~ter of the

lOth of th

Distri e 43rd

cDt1iLsetrsitcetr,

of M

the ilho

18t llin

h District,McGinty of the 46th Dist.r1

ct.

By Messrs. Arnall and Dyer of CowetaHouse Bill No. 206. A Bill to appropriate to the
Department of Forestry and Geological Development the sum of $1,000 to refurnish Liberty Hall the Home of Alexander H. Stephens; and for other purposes.

The report of the comm1ttee,wh1ch was favorable to the passage of the bill, was agreed to.

On the passage of the bill, it involving an appropriation the roll was called and the vote was as follows:

Those voting 1n the att1r.mat1ve were senators:

Almon Atkinson Cannon Carrington Clark Dermis Dickerson
DuPree

Evans Gary Goodwin Harden Hart Holt Jolmson of the
31st

Jolmston of the 39th Kiker Kirkland Larsen Lester McGehee

SATURDAY, MARCH 23, 1935.

2023

McLeod McWhorter Millican
Ra~
Rawlins

Rucker
sSy~tens
Skelton Smith

StFickland Turner Vaughn Wright

Voting in the negative was Senator:

King

Verification of the roll call was dispensed with.

The ayes were 35,nays lQ

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

Not voting were: Senators Beasley of the 2nd D1strict~Chappell of the 13th Distr1ct~Cooper of the 22nd vistrict,Crawford of the 42nd uistrict Darden of the 51st District,Duncan of the 23rd District, Edenfield of the 4th District,Gaskins of the 6th District ,Jones of the 17th District,La.ncaster of the lOth District,McGinty of the 43rd District,Milhollin of the 46th District,Pope of the 15th District, Thomas of the 33rd District.

By Messrs.Lanier and Harris of RichmondHouse Bill No. 141. A Bill to be entitled an Act
to declare slot machines and other gambling devices as contraband;and for other purposes.

The report of the comm1ttee,which was favorable to the passage of the bill,was agreed to.

On the passage of the bill the ayes were 26,nays 3.

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

By Mr.Thompson of MuscogeeHouse Resolution No.93-474c. A Resolution author-
izing the repayment to certain businesses tax money illegally paid by persons,firms or corporations, engaged in the manufacture of lumber;a.'1.d for other , purposes.
The report of the committee,which was favorable to the passage of the resolution,was agreed to.

2024

JouRNAL OF THE SENATE,

On the passage or the resolution, it involving an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almon Atkinson Carmon Carrington Chappell Clark Cooper Crawford DuPree Edenfield Gary GHoaorCdlewnin Hart

Holt

Mlllican

Johnson o:f the Pope

31st

Ragan

Johnston o:f the Rawlins

39th

Rucker

Kiker

Scott

King

Simmons

Kirkland

Smith

Larsen

Strickland

Lester

Thomas

McGehee

Vaughn

McLeod

Wright

McWhorter

The verification or the roll call was dispensed with.

The ayes were 37, nays o.

The resolution having received the requisite Constitutional majority, was passed

.Not voting were: Senators Beasley o:f the 2nd District,Darden o:f the 51st District Dennis o:f the 28th District, Dickerson o:f the sfh District,Duncan of the 23rd District Evans or the 29th District, Gaskins o:f the 6th D{strict,Jones o:f the 17th Distric~L Lancaster or the lOth D1strict,McG1nty of the ~rd. District, Mllhollin o:f the 46th District, Skelton o:f the 30th District and Turner o:f the 32nd District.

The :following resolutions of the Senate were read and adopted:

By Senator Scott o:f the 7th DistrictSenate Resolution No.l29. A Resolution notifying
the House of Representatives that the Senate has

SATURDAY, MARCH 23, 1935.

2025

completed its business and now stands ready to adjourn Sine Die. By Senator Scott or the 7th District-
Senate Resolution No.l30. A Resolution providing that a comm1ttee or three from the House and two from the Senate be appointed by the Speaker and President,respectively, to notifyHis Excellency, the Governor that the General Assembly of Georgia has completed its business, and now stands ready to adjourn Sine Die.
Senator ~llican of the 35th District arose to a . point of personal privilege and addressed the Senate.
The following protest was submitted by Senator Larsen of the 16th District: Mr. President:
I desire to file this my protest to the action or the Senate in reconsidering its action after the passage ot the $300 personal property exemption bill.
I have,during the entire session of the General Assembly advocated the enactment of legislation that wouid exempt personal property up to a value of $300 from taxation. I desire to place myself on record at this time as favoring such.
w.w. Larsen, Jr.
Senator, l6~h District The following protest was submitted b.Y Senator Larsen of the 16th District: Mr. PRESIDENT: I desire to file this my protest to the action ot the Senate in not over-riding the Veto ot His Excellency, the Governor, In Re: House Bill No.91. I have,during the entire Session or the General Assembly, advocated the enactment of legislation that would provide tor Old Age Pension. I desire

2026

JouRNAL oF THE SENATE,

to place myself on record at this time as favoring

such.



w.w. Larsen, Jr.

Senator, 16th District

The following report of the Conference Committee on HouseBill No.240, the General Appropriation Bill, was read and adopted:

Mr. President: Mr. Speaker:

Your Conference Comm1ttee on House Bill No. 240, the General Appropriation Bill, are unable to agree and ask to be discharged and a new Conference Committee on said Bill be appointed.

Respectfully submitted, Lester of the 18th District Duncan or the 23rd District Mllhollin or the 46th District On the part of the Senate.

Culpepper or Fayette Watson or Paulding J~on or Seminole On the part of the House.

The President appointed as a new Conference Committee on the part of the Senate to confer with a similar committee or the House on House Bill No. 240 the following members of the Senate,to wit:

senators Lester of the 18th District, Pope or the 15th District and
McWhorter of the 19th Di.,strict
The report ot the Conference Committee on House Bill No~620, which stated that they could not agree and asked leave that they be dismissed, was read.

The President appointed as a new Committee ot Conterence on the part of the Senate to confer w1 th a similar co~ttee ot the House on House Bill No.620

SATlJRDAY, MARCH 23, 1935.

2027

the following members or the Senate,to wit: Senators ~lhollin o! the 46th District, Clark or the 44th District, and Crawford o! the 42nd District. The following report or the Conference Committee
on HGuse Bill No. 155, known as the Fishing License Tax Act, was read and adopted: Mr. President:
You t' Conference Conmittee appointed !or the purpose or ironing out the differences on House Bill No.l55 bave agreed to the following:
That Senate Amendment No. 1 be stricken and disregarded.
That Senate Amendment strilUng Section 3 from the bill be agreed to.
That Senate Amendment striking Section 4 !rom the bill be agreed to but that a new Section to be known as Section 4 be inserted and to read as follows: AMENDMENT HOUSE Bill. NO. 155
SECTION 4. Be it enacted by the authority aforesaid that the Game and Fish Commissioner shall have the right to regulate the dates !or the open and closed season !or the shooting or doves in the various counties in Georgia.
The Senate Amendment striking Section 12 be disagreed to, and that Section 12 be amended as follows:
The Conference Committee o! the House and Senate House Bill No.l55 moves to amend House Bill No.l55 by adding at the end or Section 12 to Code Section 45-122, the following:
"Provided however the State Game and Fish Commissioner in his_discretion is hereby authorized to use

2028

JouRNAL oF THE SENATE,

not exceeding 50% o! all monies collected or derived

!rom hunting licenses and !or fines !or violating

huntil)g laws."

.

For the operation and maintenance o! !ish hatcheries and the propagation o! !ish in Georgia.

That Senate Amendment striking !rom the end of Section 8 all of that portion o! lines no. 8,9,10 and 11 pertaining to tm opening and closing o! the season o! Quail as -follows: "And the open season !or shoo.ting, killing or the possession o! quail in the State o! Georgia shall be !rom Nov. 20, until Feb. 20 o! the succeeding year inclusive be agreed to.

That Senate Amendment No.3 remain 1n the bill.

Respectfully submitted, Campbell o! Newton Preston o! Bulloch Flynt o! Spalding On the part of the House.

McGinty o! the 43rd District, Jones o! the 17th District Beasley o! the 2nd District On the part o! the senate

The following communication was transmitted by the Secretary to His Excellency, the Governor:

March 23, 1935.

His Excellency Hon. Eugene Talmadge Governor o! Georgia.

Dear Governor:

I have the honor to transmit to you the following

report on the action o! the State Senate, in execu-

tive sessions, on nominations made by you to the

Senate !or its con!1rmat1on:

.

SATURDAY, MARCH 23, 1935.

2029

Under date of March 21, 1935, a sealed communication was received by the Senate from your Excellency, which, upon being opened in executive session on the same date,contained the following nominations for confirmation:
Hon. Eugene Wilburn of the County of Macon to be Chairman of the Highway Board !or a term beginning January 1, 1934, and expiring December 31, 1937.
Hon. Max L. McRae of the County of Telfair to be a member of the State Highway Board for a term beginning July 25, 1933, and expiring December ~1,1935.
Hon. John Heck of the County of Cobb to be a member of the State Highway Board for a term beginning January 1, 1934, and expiring December 31, 1939.
Hon. Ben M. Turnipseed of the County of Clay to be Judge of the City Court of Fort Gaines for a term beginning August 2:7,1935, and expiring August 27, 1937.
Hon. Zack Arnold of the County of Clay to be Solicitor af the City-Court of Fort Gaines for a term beginning August 2:7,1935, and expiring August 27, 1937.
Hon. A. S. McQueen of the County of Charlton to be Judge of the County Court of Charlton County for a term beginning March 16, 1935, and expiring March 16, 1937.
Hon. J. D. Braswell or the County of Charlton to be So1icitor of the County Court of Charlton County for a term beginning March 16 1935, and expiring March 16, 1937.
Hon. E. J. Sndth ot the County ot Clinch to be Judge ot the County Court ot Clinch County tor a term beginning October 28,1933, and expiring October
28, 1937.

2030

JouRNAL oF THE SENATE,

Hon. Downing Musgrove o!the County of Clinch to be Solicitor of the County Court of Clinch County for a term beginning October 28, 1933, and expiring October 28, 1935"; and for an additional term beginning October 28 1 1935, and expiring October 28,1937.
Hon. w. A. Ingram of the County of Bartow to be
Judge of the City Court of Cartersville for a term beginning November 191 19331 and expiring October 191 1937.
Hon. Earl w. Butler of the County of Bibb to be
Judge of the Cit,ycourt of Macon for a term beginning January 1,19351 and expiring December 311 1938.
Hon. T. A. Edmondson of the County of Brooks to be Solicitor of the City Court of Quitman for a term beginning September Z7, 1934, and expiring December 31, 1936.

Hon. w. D. Dickerson of the County of Coffee to be

Solicitor of the City Court of Douglas for a term

beginning 1936.

.January

31

1935 1

and

expiring

December 311

Hon. L. L. Moore of the County of Colquitt to be Judge of the City Court of Colqu1tt County for a term beginning February 1,1935, and expiring December 31, 1936.

Hon. E. P. Shull of the County of Oglethorpe to

oe Solicitor of the City Court of Lexington for a

term beginn1ng_January ber 28 1 1937.

10,19341

and

expiring

Decem-

Hon. Howard B. Payne of the County or Elbert to
be Sol1c1tor of the ctty Court of Elberton for a
term beginning July 20,1933, and expiring December 31, 1936.

Hon. A. c. Elliott of the County of Henry to be
Judge of the County Court of Henry County for a term beginning March 171 1933, and ending October 28,1936.

SATURDAY, MARCH 23, 1935.

2031

Hon. R. O. Jackson of the County of Henry to be Solicitor of the County Court of Henry County for a term beginning December 1, 1934, and expiring December 4, 1936.
Hon. R. Glenn Dicke:cson of the County or Lowndes to be Judge of the City Court of Valdosta !:fr a term beginning December 11,1933, and expiring December 11,1937.
Hon. Hamilton Burch ot t~e County ot Lowndes to be Solicitor of the City Court of Valdosta for a term beginning December 11, 1933, and expiring December 11, 1937.
Hon. Henry c. Tuck or the County of Clark to be
Judge or the City Court of' Athens tor a term beginning September 11, 1935, and expiring September 11, 1939.
Hon. Stephen Ce Upson of the Couu~ty or Clark to be Solicitor or the City Court of Athens tor a term beginning September 11,1935, and expiring September 11, 1939.
Hon.H.D. Truitt or the county of Fulton, Hon.L.A. Whipple or the County of Blackley to be members of the State Board of Educatlon for terms beginning September 5th,l935,and expiring september 5thlll939. Miss Ella Mae Thornton of the County or Fulton 1D be State Librarian tor a term expiring January 6th, 1938. Hon. R. s. Elrod to be a member or the Industrial Commission tor a term beginning November 3, 1934, and expiring October 1,1938. Hon. Clark Howell,Jr., ot the County of Fulton and the Fifth Congressional District to be a member or the Board or Regents tor a term beginning February 7,1934, and expiring July 1,1937.

2032

JouRNAL oF THE SENATE,

Hon. Paul Burson ot the Coun~ ot Walton ot the Tenth Congressional District to be a member ot the Board ot Regents tor a term beginning April 13,1934, and expiring July 1, 1937.

For terms beginning July 1, 1935, and expiring July 1, 1941, as members ot the Board ot Regents:

Hon.John Monaghan ot the Second Congressional District.

Hon. Cason Callaway ot the Fourth Congressional District.

Hon. Miller Bell ot the Sixth Congressional District.

Hon. Charles M. Milam ot the Seventh Congressional District.

Mrs. Ada Healey ot the Fifth Congressional District to be a member ot the Board ot Control ot Eleemosynary Institutions tor a term beginning November 10,1933, and expiring July 1,1937.

trHicotn. toJ.Pb.eSwaanmnemobterthoef StheecoBndoaCrdonogfreCsosinotnroall Dtoirs-a term beginning November 19,1933,and expiring JulY 1,1937.

Hon.Walter Pitner ot the Tenth Congressional District to be a member of the Board of Control tor a term beginning November ll,l933,and expiring JulY 1,1935.
For terms beginning Ju~v 1,1935,and expiring July 1,194l,as members of the Board of Control:

Hon.J.E.D.Shipp of the Third Congressional Dis-

trict.

.

Hon.R.J.Mincey of the Sixth Congressional District.

Hon.Walter Pitner of the Tenth Congressional District.

_Dr. John C.Verner of the Ninth Congressional District.

SATURDAY, MARCH 23, 1935.

2033

Upon a motion to confirm the roll-call on all the

foregoing nominations resulted 44 affirmative votes,

negative none.

.

Under date of March 22, 1935, a sealed communication was received by the Senate !rom your Excellency which,upon being opened in Executive Session,on the same date{ contained the following nominations !or con!irmat on:

Hon. Carlisle A. Giles ot the Count,y ot Baldwin to be a Solicitor ot the County Court ot Baldwin County tor a term beginning February 3rd,l934,and expiring February 3, 1938.

Hon. A. L. Miller ot the County of Calhoun to be Solicitor of the City Court ot MOrgan tor a term beginning January 22, 1935, and expiring December 31st, 1936.

The following members ot the State Board of Health:

Hon. Robert F. Maddox ot the County ot Fulton,

Dr. R. C. Ellis o! the County o! Sumter tor terms beginning July 5th,1933, and expiring September 1, 1936.
Dr. w. A. MUlherin of the County ot Richmond,

Dr. Marvin M. Head ot the County ot Pike !or terms beginning July 5th, 1933, and expiring September 1, 1937.

Dr. A. R. Rozar of the County ot Bibb,
Dr. H. w. Clements ot the County ot Cook,

Dr. M. M. McCord of the County of Floyd tor terms beginning July 5th,1933, and expiring September 1, 1938.

Dr. Cleveland Thompson of the County ot Jenkins,

2034

JouRNAL OF THE SENATE,

Dr. c. K. Sharp ot the County ot Calhoun, Dr. L. c. Allen of the County of Jackson for terms
beginning July 5th,l933, and expiring September 1, 1939.
Dr. T. c. Marshall of the County of Fulton,
Dr. Claude Rountree ot the County of Thomas for terms beginning July 5th,l933, and expiring September 1,1935. Dr. Paul McGee of the County of Ware, Dr. William Winston of the County of Floyd tor terms beginning September 1,1935, and expiring September 1,1940.
Upon motion to cont1rm,the roll-call on the foregoing nominations resulted 44 affirmative votes, negative none.
Under date of March 23rd,l935, a sealed co:omun1cation was received by the Senate !rom your Excellency wh1ch,upon being opened in Executive Session, on the same date,contained the following nominations for confirmation:
Hon. J. J. Floyd of the County ot Qui tma.n to be Judge of the County Court for a term beginning November 30,1933, and expiring November 30,1937.
Hon. E. J. Hart of the County of Schley to be Judge or the City Court of Ellaville for a term beginning September 27,1934, expiring September 27, 1938.
Hon. J. c. Rainey of the County of Schley to. be
Solicitor of the City Court ot Ellaville tor a term beginning September 27,1934,and expiring September
2'7,1938.
Upon mOtion to cont1rm,tbe roll-call on the toregoing nominations resulted 32 affirmative votes, negative none.
RespectfUlly submitted, John W. Hammond
Secretary or tbe Senate.

SATURDAY, MARCH 23, 1935.

2035

The following communication from His Excellency, the Governor was read:
~
March 23,1935.

TO THE GENERAL ASSEMBLY OF GEORGIA:

I am returning herewith House Bill No. 12,which I have vetoed.

HOUSE BILL NO. 12

-'

An Act to propose an amendment to the Constitution of Georgia, so as to authorize the General
Assembly to classify property for taxation; to lim-
it the State tax on real estate and also lim1 t the tax on intangible property, and for other purposes.

This Bill proposes an amendment to the Constitution which would authorize the General Assembly to classify property for taxation.

Since the passage of this Bill, and 1ts receipt

in this office, the General Assembly has passed

House Resolution No.l3-A, the tax classification

and limitation resolution, Which covers the same

su it

bujnencet caessscaoryvetroedsuibnm1HtoutsheeBCilolnsNtiot.ul2t11

and onal

renders Amend-

ment carried in House Bill No.l2 to the people for

ratification.

In my opinion, it would be confusing to tne voters of Georgia for both this Bill and House Resolution No.l3-A, to be subm1 tted at the same time, as both , cover the same subject matter and are in part inconsistent, and in conflict.

Respectfully submitted, Eugene Talmadge, Governor.

The following message was rece1ved from the House through Mr. Kingery, the Clerk thereof:

2036

JouRNAL oF THE SENATE,

Mr. President: The Speaker bas appointed as a Third Committee or
Conference to confer with a like comndttee on the part or the Senate on House Bill No.240 the following members or the House~to wit: Messrs. Harris of Richmond,
Spivey or Emanuel, and Thompson of MUscogee. The following message from the House was received through Mr. Kingery, the Clerk: Mr. President: The House has adopted the Conference Committee report on the following bill or the House: By Mr. Milam or SpaldingHouse Bill No.l55. A bill to be entitled an act to regulate hunting in this State; and for other purposes. The following message from the House was received through Mr. Kingery, the Clerk: Mr. President: The House has adopted the report or the Committee on the following bill or the House, to w1 t: By Mr. Oden of PierceHouse Bill No.620. The Screw Worm Bill. The Speaker has appointed the Co~ttee on Conterence on the part or the House to confer w1 th a like Committee on the part or the Senate. The Committee consisting of the following members of the House, to wit: Mrs. Coxon or Long; Messrs. Mundy of Polk and Parker of Colquitt. The following resolution or the Senate was read and adopted:

SATURDAY, MARCH 23, 1935.

2037

By Senator Scott of the 7th District_senate Resolution No.l31. A Resolution that resolved by the senate, the House of Representatives concurring, that the Georgia General Assembly do now adjourn Sine Die. The following report of the Conference Committee on House Bill No.240, the General Appropriation Bill, was read and adopted: Mr. Speaker: Mr. President: Your conference committee on House Bill No.240, known as the General appropriation bill is unable to agree.
Lester of the 18th District Pope of the 15th District McWhorter of the 19th District On the part o! the Senate Harris of Ricbmond Spivey of Emanuel Thompson of Muscogee On the part of the House. The following message was received from the House through Mr. Kingery, the Clerk thereof: Mr. President: The House has receded from its disagreement to the Senate Amendment to House Bill No.620, known as the Screw Worm Eradication Bill. The following privileged resolutions were read and adopted: By Senator Redwine of the 26th DistrictA Resolution extending the privileges of the floor to Dr. Allen H. Bunce. By Senator Jones of the 17th DistrictA Resolution extending the privileges of the floor to Mr. and Mrs. John s.scott and Mrs. Charles Greiner of Waynesboro, Ga.

2038

JouRNAL or THE SENATE,

By Senator Almon of tbe 37th District-

A Resolution extending the

to Hon. P. T. and Honorable

Ms.cCRu.tcHheeoanrdanadl

lpfaormifviHillyee1agDredrs. CLoof.unctth.ye.Rfildoloeyr

ay Senator King of the 11th DistrictA Resolution extending the privileges of the floor
to Miss Emily Gary, daughter of the Senator of the 12th District. By Senator Scott of the 7th District-
A Resolution extending the privileges of the floor to Mrs. L. J. Ballard, wife of the Chaplain of the Semte.

By Senator McWhorter of the 19th District-

A Resolution extending the privileges of the floor

to Mrs.J.H.Milhollin, wife and daughter of

thaendSMenisastoMr aorfthtaheM4il6htohllDini1s

-

trict1 and to Miss Helen Moore.

The hour of 12 otclock midnight having arrived the President announced that the Senate stood adjourned Sine Die.

The following communication was received from His Excellency, the Governor:

March 28, 1935.

Mr. John w. Hannnond,
Secretary State Senate, ASttalatentCa1apGiteoolr1gia.

l'tr dear I1r. Hanmond:

Under. date of March 23, I requested the return

of Senate Bill No.l51, which I had vetoed,- from the

Senate. The Semte returned the Bill to me that day

as requested.



SATURDAY, MARCH 23, 1935.

2039

I am now returning this Bill to you with the request that you let the original action on this Bill stand.
Sincerely yours, Eugene Talmadge, Governor.

IN I1EMORY OF Members and Officials of the Georgia
State Senate Who Passed from Lite During Service in the Session ot 1935
Rev. J. W. G. watkins, Chaplain, died January 31, 1935.
Chas. c. Fulghtml, Abbeville, Senator
48th District, died February 3, 1935. George H. Carswell, Irwinton, Senator
21st District, died February 9, 1935 Former President ot the senate, tor-
mer Secretary ot State.

INDEX
of the
SENATE JOURNALS
of the
Ten-Days Special Session
and the
Regular Session
of the
SENATE
of the
State of Georgia
January 14, March 23, 1935.

INDEX

2043

SENATE BILL9 AND RrnOLl!riONS

SENATE BILL9

Figures in left-hand column indicate the number of each respective Bill; in right-band column,number of page.

A

ACCOUNTANTS48-State Board of Accountancy (See Code Amend)

AGRICULTURE-

4-Repealing Code sec. creating state veterinarian. (See

Code Amend)



8-Cammissioner Agriculture,ter.m tour

years,Act amended . 21,509L~~l,614,633

62-To regulate Tobacco sales tees 335,b4tS,553,694,

702,1946,1977

58-Regulating advertising of plants 341,548,553,6~~.!1944

'73-Establ1shing State Farmers' Markets 342,548,~,771

117-Price differential between grades of Fertilizer (See

Code Amend)

211-Regulating Sale of Insecticides 1015,1333,1439,1559

AMENDMENTS TO CONSTITUTION-

14-Creating new Senatorial District 22,577,5801 ~09,613, 701,741,748,1096,~70,1976

36-To amend Art.7,Sec.2,Tax Exemptions. 32,575,581,622,650

40-To amend Art 7,Sec.2,Tax

Exemptions 37,575,581,611,646,670,1946

45-Amend Art.7,Sec.2, Tax Exemption . 38,575,581,675

92-To amend Art.6,Sec.l6,Par.6,damages tor

physical injury 506,1585

134-Amending Constitution,4 additional Senators. 612

l49-Amending.Sec.l,Par.l3,8alaries

ot Judges 682,916,917,1034,1948

156-PJnending Art.6,Sec.2,dismissal

writs or error 722,979,1031,1160,128~

1949,1985

200-Amending Art.7,Sec.7;temporary

loans in Richmond count;y .

924,979,1031,1066,

{See also:Resolutions}

1948,2000

AUDITORS167-Enlarging duties of State Auditor 757,978,1031,1160,1235

B

BANKS AND BANKING21-Relative to incorporation of Banks(See.Code Amend) 25-Legal Rates ot Interest(See Code Amend) 43-Rate of Interest (See Code Amend) 44-To create loan division 1n banking department. .38,1181 57-state Depositories, (See Code Amend) 63-To regulate rate or Interest .335

INDEX

64-To 11m1t rate o:r interest,sma11 loans 335,1079,1087,1154,1949, 1959,1970 1990
78-Regul.ating interest,sma11 loans. .343,978 eo-Restricting interes~ rate on small
loans 343,1079,1088,1157 83-Liability upon Bank Stockholders (See Code Amend) 96-Prohibit acquiring o:r majority o:r Common. Stock .507,700 119-Prohibit bank fran owning or acquiring any
affiliate 561,700

BLIND ,EMPLOYMENT OF-
145-To establish factories :tor employment o:r the blind 656,1016,1031, 1158,1943

BUILDING AND LOAN-
81-Building and Loans Assn. ,Hane Owners Loan Act.
c

343,547,553,7551 768,12lu

CHARTERS-

55-Athens 336,684,704,98g,lo04

74-To amend Charter,City o:r Atl.anta,Edu-

cation. 342,684,685,705

98-Amending Charter o:r City o:r Atlanta,

license fees 507,685,706,1533

loa-Amending Cbarter,City o:r Atlanta,

Industrial Relations 507,573,582,707,817

101-Amend Cbarter,city or Atlanta,

retire deficit508,684.685,707,1665

102-Amend Cbarter,C1ty o:r Atlanta,

reducing number o:r wards. 508,684,685,707,1908,1928

103-Amend Cbarter,City o:r Atlanta,



creati 104-Amend

ng directo Charter,Ci

rtyo:or:rrAeltilaenfta,:t5i0::8n1n6g84w,6a8t5e,r70,8,1665,1866

rates . . . . . . . . . . . . . . . . . . . . .50~!1658

139-Colum.bus.

644,684,61j6,731

159-Atlanta

722,806,809,868!989

196-Savannah.

923,1079,1088,1126,1532,1561, 566

203-Fitzgera.ld.

948,1111,1117,1179,1533

215-At1anta

1015,1111,1118,1179,1532,1566

229-Athens.

1184,1269,1309,1384,1532

245-Atlanta

1431,1508,1541,1555,1989,2000

246-At1anta

.1431,1508,1541,1555,1947

254--Vidalia

1539,1611,1658,1694,1909

256-Dear1ng

1642,1692,1736,1804,1947

CODE24--ARmepeenadli1nnggCSoedce.s6e2c-.96081-2,s1t0a1~$3 motor tags 20,518,553,558 veterinarian 20,359,509,513,520,598 6-Repea11ng sec.92-3309,Public Revenue 21,518,519,568,1184,1911 9-Amending Sec.54--107,:t1x1ng term, cam.Cammerce & Labor 21,360,509,522,614,633

DIDEX

2045

10-To amend sec. 95-1603, etc., Roads ,Bridges

& Ferries. 22,515,519,569

11-To amend Sec.34-32iPr1ma.ry Elections 22

21-To amend Sec.13-90 ,on incor-

poration or Banks 29,516,564,565i505819.,1600H!b1

24--Fixing age or consent. 30,562

25-To amend Sec.57-10l,legal rate or interest 30

27-To amend Sec.93-102,Ter.m Public

Service Commission 30,575,580,620,633,651,

658,665

28-TO amend Sec.93-503,admitting as

evidence records 1n rate cases .30,563,565,590,601

29-To amend Sec.93-2,Salaries Public

Service Commission 31,563,565,590,601

31-To amend Sec.l14-6,Industrial

Relations. .31,573,580,620,622,625,

. 643,644,1051,1081,1085

32-Repeal Sec.l036 Code 1910,Testtmony by defendants 31

38-To amend sec.23-1608,Relative to County

Warrants 32,517,519,591,601

39-To amend Sec.77-3,Salaries

Prison Commission 37,602,632,1611665~11,1692517,

4483--ATmo eanmd esnedc.S8e4c-.-527,P-1u1oRliacteAocrcoiunnttearnetsst

37,646,1079 68,574,581,677,690,

702,1907

55-To amend sec.58-30l,Hotor Vehicle

speed 11m1t. 69,702,703,741

57-To amend Sec.l249,Code 1910,State

Depositories 334,807,809,877,1050!

108

70-To repeal Title 58,Code 1933,relative to

Alcoholic Beverages. .342,943

83-To amend Sec.l3-190l,L1abil1ty upon

Bank Stockholders 348,564,565,801,1210

91-To amend Sec.695,Political Code,

persons subject to road duty 349,547,563,566,706,

1283,1679

106-To amend Sec.43-2,Forestry and

Geology 514,659,880,907,1111L

115"/

107-To amend Sec.l13-1508,providing tor

rank or claims 514,562,566,880

113-To amend Code 1933 to provide tor

appointment,etc.,ot jury commis-

sioners 546,726,727,908,1209

114--To amend Sec.68-6,campensation or

Public Service Commission 547,616,619,632,1653

117-To amend Sec.5-2,grad1ng

ot fertilizer 560,5?3,582,909,i~

973,
121-To amend Sec.22-308,grant1ng ot

charter by judges during vacation. 561,726,727,909,1342

123-~o repeal Sec.2549,Code 1910,penalties against

insurance companies 578,1904

124--Adopting Code or 1933 579,615,619,680,690,761

2046

INDEX

125-To amend and attac
126-Amending

hSmece.nBt-s6011

Dec

1arations

Sec.95-21,Highway refun

d57in9g,64c7e,r6t5if9i1c6a9t8e,7s1.6

1.579257

129-Amending Sec .32-504,making Superin-

tendent executive agent or State

Board of Education 595,762,764,912,972

130-Amending Sec.113-903,

distribution or a husband's

estate 611,647,660,776,837,985,987

140--Amending Sec.32-918,relative



to poll taxes 644,762,764,990,1943

141-Amending Sec.4361 Civil Code,

.

Warrants,Checks,etc 656,726,728,990,1282,

1294,1674

148-Amending Sec.56-706,Insurance

losses ,penalty 682,726,728,767,806L

992,109~

152-Am.ending Sec.92-80,fees and costs

for executions

700,762,764,992,1159

153-Amending Sec.49-810,Veterans

Guardianship Funds 700,1106,1116,1184,1944

155-Amending sec.6-lOOl,Bills or

Exceptions 722,762,764,993,1532,1566

160-Amending Sec.113-1414 relieving

executors of inventories 722,806,809,993

161-.~ending Sec.95-802,commutation

tax,road duty756,859,994,1407,1568

162-Amending Sec.25-313,interest on

sma.ll 1oa.ns 756,1079,1088,1160

172-Amending Sec.56-30l,Bonds by

insurance companies 776,824,825,853,904,

1945,1971

174--~ending Sec.91-602,sale of county

property .. 776,837,839,995,1283

175-Amending sec.92-8202,redemption

or real estate,purchase by

county 777,839,996, 1282,1305,

1408,1425,1449,1642

180-Amending Section 114-405,11miting

workmen's compensation 805,857,860, 1349,1943

184-.~end Section 95-1721;Roads,Bridges and Ferries,rela-

tive to rights or way. (See Highways,S.B.184)

185-Amending Sec.38-1606,testifying

in action on breach or promise 836,916,917,998,1343

189-Amending Section 56-207,Capita1ization of

Insurance Companies 853,1904

213-Amending Sec.68-5,Defining Motor

Carriers 1015,1339,1375,1448,1450

214-Amending Sec.26,6301,26-6302

Penal Code 1015,1106,1118,1184,1224,1911

219-Amending Sec.5-16 inspection or Naval Stores and

Llllllber 1077

223-Amending Sec.6-906,removing requirement

of verification by judge 1078,1375,1614,

1619,1741

236-Provide for purchase by Governor

or 1933 Codes. .1332,1460,1469,1560

INDEX

2047

239-Amending Sec.92-5712,Taxes assessed

on property 1430,1513,1523,1646

248-Amending Sec.ll3-1414,requiring



executor to make inventory .1431,1584,1588,1647

250-Amending Sec.l13-902,providing for

distribution of estates 1510,1542,1588,1648

CHIROPODY94-Regulating practice of Chiropody

.506,857,859,907

CLEl1ENCY CASE'3.Report of Governor

79,334

COMMERCE AND LABOR9-Fixin_e: term of Cammissioner Coomerce & Labor. (See Code Amend)

COMMITTEE'3,CORRECTION-

Senator Stmmons,chairman finance committee

.812

Senator Atkinson,Constitutional Amendments

.825

COMMITTEES ,STANDINGAssignments. Correction of Assignments.

38,51 67

COl'IMITTEE'3 ,SPECIAL-

Escort President of Senate

.13

Escort Secretary ot Senate

14

Escort President Pro Tem. Senate .15

Notify Governor that General Assembly bas convened and

orga.n.1zed . . . . . . . . . .

. .

15

Arrange for inauguration of Governor

17

Escort Governor-elect Talmadge 51

Escort at funeral of Rev. Watkins . 78

To select Chaplain .350

Notifying Governor of adjournment of 10 day session. .353

Inter-state Assembly

1715

Special Committee,death of.Mrs.E.J. Reagan 1527

COMMISSIONS SPECIAL217-creatlng Commission to inquire into organization of State,County,etc., units. .1049,1238,1243,1292 235-Creating Commissioner of Escheats 1267,1333,1440,1559

COMMUNICATIONSFrom Mayor and Council ot Atlanta From Governor,report of clemency cases Senator W.Kelly Holt elected to the Senate

74 79 .942,943,975

COMMUNISM122-To regulate Communistic activities .5781683,685,910,1109, 1 58,1397,1446,1910

CORPORATIONS90-Requiring corporation tax returns to counties 349,779

2048

INDEX

COUNTI!S-

19-Vesting powers of sheriff in tax col-

lector . 29,563,~~,586,

26-To

grant

lands

to

u.s.--Cbatham

30,5186011~i9~,5969,1762768

33-Interest on county Warrants 31,547,oo2,570,1096

38-County warrants (See Code Amend)

84-To require financial report by local governments .348

59-Authorizing tax collectors to

levy fi.tas.in certain coun-

ties 349,577,562,730,1263,1679

99-Permitting Fulton County to enter

contractual relations 507,563,566,730,738!

1583,1629

116-Coffee,commissioners,amend Act

creating 560,577,562,731,989

120-Vest1ng power or sheriff in tax

collectors and commissioners 561,702,703,740,765,965

146-Revising term-time Banks Superior Court (See Courts,

Superior)

147-Balaries Solicitor General Dublin Circuit (See Courts,

Superior)(Laurens)

156-Salaries in lieu or tees for

Sheriffs in certain counties 722,980,1031,1216,1909

163-Trial of insane persons 1n

164-cCeorsttasinxocCoulenrtkiessand

Sher

ifts,telony





756,608,809,994

cases,certain counties 756,808,609,994,1533

174-Sale of County property (See Code Amend)

175-Redemption or real estate purchased by county (See Code

Amend)

178-Board or Commissioners Cmttooga

County,amended 777.916.917,996,1010L

1033,1211,1569,166?

162-Bond or Sheriff or Stephens County 624,657,860,890,1909

183-Requ1r1ng corporations to make tax returns to counties

(See Corporations)

190-FiXing compensation tax receivers and

tax collectors,certain counties 653,916,917,998,1037

191-Repeal Act providing election

Solicitor County Court Putnam 654,980,1031,1216,1272

199-Create office County Commissioner

ot Heard. 200-Authorizing

Richmond Councy

make

9te2m3,p9o6r0a,r1y03l o1a,1n0s6. 5 1\S10ee74

Constitut1onal Amendments)

208-Amending Act creating Commissioners

Telfair County 976,1054,1056,1179

216-Hart ,Repeal Act creating Board or

Commissioners 1049,1160,1169

224-Murray,Repeal Act creating Cammissioners.1078,1583,1947

225-Cba.tham,granting certain lands

to u.s 1103,1162,1169,1220,

1944

237-Providing tor selection,oftic1al

organ in certain counties 1332,1396,1440,1552,1661

240-Hurra.y,creating Board or cern-

missioners. .1430,1508,1583,1621,1909

INDEX

2049

247-Burke,otfices or tax receiver and tax collector abolished 1431,1512,1524,1552,1861
252-Decatur,tax receiver and tax collector abolished .1539,1611,1616,1693,1909

COURT ,SUPRE}tE137-Judgments or Supreme Court extended.644,658,660,698,727 156-Dismissal of writs of error (See Constitutional Amend-
mentE:~)

COURT OF APPEAL'3138-Judgments Court of Appeals, extended.

644,658,660,698,717,727

COURTS,CITY,COUNTY AND MUNICIPAL95-Creating City Court of Thomasville 507,577,582,~06,989,998
169-Amending Act creating City Court of Macon 757,808,809,868,1141,1393
188-Municipal Court,City or Columbus, amended 837, 926, 927, 997
21D-Amending Act creating City court or claxton 977, 1308,1384

COURTS,SUPERIOR-

34--Authorizing accusations in

felony cases32,517,519,570,1140,1302

41-Rela.tionship or Judges and Jurors 37,548,552,675,1945

46-To revise laws of procedure in

cr1m1nal cases 68,357,858,859,940,941

47-To revise practice as to

indictments,etc 68,357,858,859,906,919,940

59-To provide tor service of process,

Motor vehicles 335,599,603,772

79-Deficiency Judgments on

Real Estate,how satisfied 343,562i565,756,807,818,830,

863 1

140112281 1231113441 1425,1558,1560

93-Providing compensation Attorneys appointed in

Cr:l.minal cases. 506

146--Revising term-time Banks

Superior Court 657,763,764,918,1209

147-8alary Solicitor General Dublin Cir-

cu1t. 681, 726li728, 767l.

41,122'1

155-Bills of Exceptions,filing transcript (See Code Amend)

164--Costs to Clerks and Sheritts,telony cases,certain coun-

ties {See Counties)

179-To limit Judges presiding in

other circuits805,916,917,997,1091

221-Abolish1ng fee system for So11c1tor

General,Northern Judicial Circuit 1078,1110,1118,

1158,1862,1864,1865

253-Change t:l.me,Superior Court or

Cherokee County 1539,16121 1651,16931 1909

2050

INDEX

D
DRUGSso-To regulate Narcotic Drugs 335,599,603,693,702,955

E
E:I.mTIONS11-Providing for holding Pr1mary Elections (See Code Amend) 135-Penal laws applicable to General Election 633,761,764,990 207-Providing for election of countycommissioners.976,1080

EXmUTIVE APPOINTMENTS-
Confirmed.

. . . . . . . . . . . 2028

F
FIREARMS142-Regulating sale of firearms. .656,763,764,991,2012
FIRE DEPARTMENTS105-~ing per~l the reporting of false tire ala:rms. . . . . . . . . . . . . 508,6841685,865! 406,156H
FORESTRY .AND GEOI.DGY-
106-Relative to Forestry and Geology(See Code Amend) 514

G

GAME AND FISH-

t7-Prohibiting use of Steel Traps,28,778,779,812,1282,1569

~Prohibit Steel Traps 29,778

49-To regulate SeL~ir.g,netting,etc 68,601,602,691,1053,

1145,1948,1970

1 50-To prohibit hunting deer,etc.at night 69!601 602,691~
1 07' 148,20105

51-To regulate storage of Game 69 1 601,602,69.?~

10531 1150 1 20.U::

. 52-Closed season for deer in certain

counties . . . . . . . . . . . . .

.69!6011602,6~!
1u53, 152, 1~

53-stocking Federal forest lands with

Game ,etc . . . . . . . . . . .

.69,60li602,692,

1053' 153'1988

230-Permit catching fish in Floyd

county .1184,1268,1309, 1385

255-Amending sec.45-50l,close season on fishing 1539

H
HIGHWAYS3-Authorizing Highway Department to pay $2,000,000 into State Treasury 20,574 10-Roads,Bridges & Ferries (See Code Amend) 61-Defining Ga.-Fla. :Military Highway 335,515,520,652, 1141,1226 71-Increasing State Road Mileage,Perry to Jeffersonville 342,515,520,772, 1211,1295

INDEX

2051

76-Requiring State maintenance,mileage in cer-

tain cities

343,925

88-Increasing State Highway mileage in

certain counties 348,582,877,884,

110-Adding Highway mileage from Nashville

887, 140611.9E?O

to Pearsons . 546,582,878,1210

126-Highway refunding certificates (See Code AmendJ

127-Additional mileage in certain

counties 595,925,927,1036,1105,

1126,1138,1213,1533

144-Increasing Highway mileage !n cer-

tain counties 656,1105,1117,1215,1533

165-Increasing State Highway mileage,Route

39 757,856,859,889,

1407,1977,1979

170-Increasing State Highway mileage

in certain counties 758,856,860,889,1210

171-Increasing Highway mileage in

Thomas County . 776,856,860,890,1210

181-Payment of Highway refunding certificates 805

184-Amending act reconstituting High-

way Department,repealing Act of

1933 relative purchase of rights

of way. . . .824,886'1::1~'1807, !994980,,295010,6

194-To increase State Road mileage,

Barrow County . 915,1053,1056,.12171

1744,192~

201-Increasing Highway mileage in

Toombs County 924,1105,1117,1217,1533

205-Increasing Highway mileage,

Fannin,etc 1106,1118,1217,1533

212-Am.ending Act regarding Coastal

.

Highway District 1015,1342,1375,1448,1944

220-Increasing highway mileage in

certain counties1077,1105,1118,1219,1532

222-Increasing highway mileage in

certain counties 1078,1342,1375,1458,1744

226-Increasing highway mileage

from Tifton to Homerville .1103,1728,1736,1804,1948

233-Increasing highway mileage between

Hinesville and Savannah 1267,1341,1458,1944

234-Defining the Okefenokee Trail 1267,1341,1375,1911

238-Increasing highway mileage from

Americus to Buena Vista 1396,1440,1553,1861 249-Increasing highway mileage in

Decatur County. .

1432,1512,1524,

251-Providing for State Board for

. 1553,1907,1930

licensing contractors

1539,1611,1692,1775

HIGHWAY PATROL20-creating a

29,925,926,985

HOLIDAYS-

128-Declaring Oct. 12th a legal holi-

day . . .

.595,683,686,911,1943

2052

INDEX

. . . . . . . . . . . . I

INAUGURAL ADDRESSTalmadge,Eugene,Governor

..

.52

INDUSTRIAL RELA.TIONS-
31-To require permits from Industrial Relations Depts. (See Code Amend)

INSURANCE-
115-Liability,Motor Vehicle owners 547,1904,1913 131-Regulating fire and casualty
insurance 612,856,859i885,949, 989,1037. 908,1926
148-Insurances losses,penalty (See Code Amend) 172-Bonds deposited by insurance campanies(See Code Amend) 189-Capitaliza.tion of Insurance Companies (See Code Amend-
ments} 197-Regulating charity hosp1tals,etc.,under
insurance laws. .923,1904

INTEREST-
13-Regulate and Restrict rate.

.22,562,564,585,600,608

J
JOINT SESSIONSTo canvass returns of last general election To inaugurate Governor Talmadge Address by Hon. Howard E. Coffin.

.26 52
338

K
KIDNAPING15-Defining offense of Kidnaping and providing punisbment. 28,562,565,585,601

L
LEAVES OF ABSE!iJE- 512,623,653,800,8631.881,912,920,974,1008, 1137,1181,1506,1741,1939
, LIEU'l'ENAN!'-GOVERNOR177-Providing for election of Lieutenant-Governor. 777,855,860,996,1342

M MANUFACTURING-
16-Regulate employment ot Labor 28,516

MrnSAGES FROM HOUSE- 18,~l.33,70z.74,337,351,352,353,358,5141 , 541,046,566,o78,596,597,613,615,621,625, 626,647,648,665,693,712,714,715,723,758, 785,816,817,820,858,866,905,918,922,939, 947,952,954,955,987,1007,1010,1050,1051, 1074,1075,1096,1103,1130,1140,1189,1197, 1199,1203,1206,1209,1211,1212,1278,1282, 1283,1342,1343,1346,1406,1407,1408,1426, 1436,1439,1449,1505,1524,1531,1532,1534, 1558,1585,1616,1662,1664,1666,1669,1717, 1719,1741,1747,1804,1808,1841,1842,1861,

INDEX

2053

1862,1905,1942,1945,1951,1952,1958,1966, 1988,1989,1998,2001,2003,2011,2012,2015

MILITARY206-Amending Military Act 1916, providing bronze medals 976,1335,1374,1448,1942

MOTOR VEHICLE1-Ratity suspension motor vehicle tag tax .20,518,547 2-Fixing motor vehicle tag tax rate at $3 (See Code Amend.) .20,518 7-To create drivers license office, motor vehicles21,518,519,568
37-Licensing Motor Vehicle Operators .32 55-Motor Vehicle speed limit {See Code Amend) 59-Service of process,Motor Vehicles, (See Courts,Superior) 176-Driving motor vehicles under
influence or intoxicants 777,1106,1117,1235 186-Exempting motor vehicles operated by cities,etc.,
rran tax. .. . 8:36 213-Detining motor carriers. (See Code Amend) 241-Exempting certain Federal owned motor
vehicles tram license tAx 1~~ 1 1513.1524,1560,1647 MOTION PICTURES-
192-Regulating exhibition,etc.,or motion pictures 854,950

MUNICIPALITIES77-Repealing Act 1923,municipal bonds.343,684,685,773,1342 143-Abolition or justice court in At1anta 656,838,839!867, 884~ 888, 664 151-Public Utilities Department,Sandersville 699!677719,,2808184,1,220130t1s 1?3-Redemption or Real Estate sold for municipal tAxes (See Taxes) 218-Providing for supervision by Governor at certain Municipal officers1077,1746,1751 232-Creating body known as housing authorities. .1185,1396,1439
242-Atlanta,pensions to all officers and employees 1430,1508,1541,1554
243-Atlanta,amending Act providing tor pensions 1431,1450,1508,154lt 1554,1946,1979
244-Atlanta,amending Act providing tor pensions. .143],,1508,1541,1554

MEDICAL PRACTICE,DRUGS-
82-Detining practice or PhYsiotherapy. 347,616,619,787

0
ORGANIZATION OF SENATEPresident secretary President Pro Tempore Doorkeeper

.12 13 14
15

2054

INDEX

Messenger.

16

Assistant secretary,5Worn in

24

p

PRACTICE AND PROCEDURE-

lOB-Providing tor joint control between

sureties and fiduc 109-Authortzing courts

i

ary or recor

d

torend5e1r4d,5e9c9l1a6r0i3- ,880,881

tory judgments .515

113-Providing tor appointment,etc.,or jury commissioners

(See Code Amend)

12l~rant1ng or charter by Judges or Superior Court during

vacation (See Code Amend)

168-Trial or cases at first term by consent

757,916,917,994,

1233,1908,1928

198-To define fraud in damage suits,etc 923

204-Regulating,granting new trials 948,1080,1088,

1293

250-Providing !or distribution or estate or wife (See Code

Amend)

PRISON COMMISSION39-Salaries Prison Commission (See Code Amend) 132-Prohibiting Public o!ticers,etc.,pleading pardon 612 187-Prohibiting use or convicts in certain counties 836,1108,1117,1216

PROHIBITION,ALCOHOLIC7Q-To repeal Alcoholic Prohibition Law (See Code Amend)

PROTESTSSenator Larsen,l6th District 2025

PUBLIC SERVICE COM.-PUBLIC UTILITIESPublic Service Comm1ssion,removal,report of

Governor . 361 to 506

27-Fix term or Public Service Commission (See Code Amend) 28-Admitting in evidence records in rate cases(See*Code

Amend)

29-8alaries or Public Service Commissioners (See Code

Amend)



58-Defining Public Utilities. 334,1747

114-Campensation of Public Service Commission (See Code

Amend)

151-Public Utilities Department,Sandersville (See Mun1ci-

pal1t1es) 166-Jurisdiction,municipal utilities rates under

Public Service Commission. . 757

231-Extending powers or Public Service Commission .1184, 14..'33, 1439, 1560,1646

R

RACmJ157-creating State Racing Commission

.722,779,992

INDEX

2055

REPORTS OF SPECIAL COMMITTEES-

Count and consolidate vote tor Governor and other State

officers. .

.27

Arrangements tor inauguration .35

Alto Sanitorium .1935

REPORTS COMMITTEEAmerican Legislators,Inter-state Assembly meeting report. . . . . . . . . . . . . . . . . . . .1692
s
SCHOOLS-
54-Regulating transportation or School children 69,578,581,692,762,783
72-To improve State Public Schools 342,858,859,906,963,964 86-county School Superintendents,
Dist. Treasurer 348,1161,1169,1236 12~ing Superintendent executive agent of State Board or
Education (See Code Amend) 136-0peration or schools by the State 634 140-Distribution of Poll taxes (See Code Amendments)

SECRETARY OF STATECertification of senators-elect Election returns fQr State officers

5 .?:7

SENATORS-ELECTCertification by sec. or state Oath or office administered Senator Rucker,oath administered Senator Chappell,oath administered.

.6 .. .12 . . .7l
340

SMALL LOANS-
64-To limit rate or Interest,small loans (See Banks and Banking)
162-Limiting interest on small loans (See Code Amend)

SOLDIERS HOME150-Amending Act creating 682,1613

SPORI'S195-To regulate boxing and wrestling.

915

T

TAXES6-1RTAeXpAeaTlIOinNg-Code Section affecting Public Revenue (See

Code Amend)

~otor Fuel,Tax on distributors thereof 22,916

30-Quarterly payments property taxes . .31,762

42-Exempting tam tractors, etc., from gas tax .37,564

56-To cancel Poll Taxes prior to 1934 70,581 692

69-Disabled Veterans licenses 341,547,553,696,?18,

'738,1212,1304

97-Requiring return or intangible property 507,778

111-Allowing discount on sales of executions

tor ad valorem taxes

546 '763. 7641

908,94

2056

INDEX

112-Exacutions issued for taxes shall not be defeated by mistakes ,etc. .546
118-Gross income of amusements and places of entertairnnent . 561,778
133-Redemption of real estate under execution 612il33,1106,1116,1159, 225,1293 1447,1558
152-Fees and costs for executions (See Code Amendj 173-Redemption of Real Estate
sold at tax sale 776,837,839,995,1406,1646 183-'l'o require corporations return taxes in
counties . . . . . . . . . . . . . . . . . . . .824,835193-Quarterly payment of ad valorem
taxes 854,1106,1117,1184,1226 227-A11owing discount on executions
issued for taxes 1103,1337,1375,1457 228-Granting authority to taxing bodies to levy tax
on business outside corporate limits .1239,1243, 1293,1911
239-Proponionate payments by owners,etc. (See Code Amend)

TEMPERANCE COMMITTEESenator Skelton,30th,Res1gns tram. 1504

TEXT-BOOK COMMISSION18-Amend Act creating a 29,762,763,782,1944 22-Amend Act creating a 29,578,580,619,631,910,969 35-To require free School BookS ~ .32,1161

TREASURY STATE-

3-Authorizing Highway Dept. Treasury (See Highways}

to

pay

$2,0001000

into

State

85-Refunding certain State 4 1/4% Bonds 348,1729

u
UNDERTAKERS-
75-To regulate Undertaking, giving compensation342,702,703,801,1406,1459

UNIVERSITY SYSTEM OF GEORGIA-
5-Deflning status Board of Regents 20,572 66-Fixing status of Board of Regents 341 67-Fixing status of Board of Regents. .341 87-Refunding State obllgations,university System. 348,1729 154-Fiscal year Board of Regents 700,855,859,992,1209

v
VE'l'ERANS, PENSIONERS202-Burial expenses,Confederate veterans

202,1432,1439, 1558,1910

VEH'I'O.BES.61 E4X;HEX.B!U.T2I5V5E;- H.B.224;H.B.152;H.B.ll2; H.B.l5l;H.B.226; H.B.247;H.B.354;H.B.343; H.B.225;H.B.62;H.B.48l;H. B.393;H.B.375; H.B.40;H.B.520;H.B.89;S.B.65;H.B.274; H.R.43_tH.B.589;H.B.5041H.B.590;H.B.346; H.B.6~;S.B.l5~;S.B.l4 ;S.B.89;H.B.357; H.B.l45;H.B.499;H.B.444;H.B.83;H.B.391;

2057

H.B.413;H.B.638;H.B.SOO;H.B.653;H.B.91; H.B.249;H.B.762;H.B.l2;S.B.l51 788;847;849;852;
89193210171142; lias;ha9;i27o; 1326;1570;1576; 1577;1671;1674; 1678;1776;1791; 1794;1962;1991; 1996;2014;2035;
2038

w

W.& A. RAILROAD-

Report of committee.

1691,1714

209-Providing for leasing Staters

property in Chattanooga 977,1054,1056,1222,1737

WORKMEN'S COMPENSATION180-Amending limitation on workmen's compensation {See Code Amendments}

2058

INDEX

SENATE RESOLUTIONS Figures in left-hand coltnnn indicate the number of each respective Resolution; in right-hand coltnnn,number of page.

ORGAlN-INZAoTtIiOfyNi1nPgROHCoEuDsUeRoEn,EToCr.g- anization.

14

2-Notifying Governor ready for business.

15

3-Joint session for canvassing vote.

17

4-Committee on inauguration.

17

5-Standing Rules adopted

18

6-Gommittee to select Chaplain

18

7-8pecial seats desigl'IB.ted

18

14--Ltmiting attaches,etc.

28

16-Early meetings committees.

67

18-Game and Fish,addition to committee.

71

19-Adjournment provided for 71

20-Bills in duplicate,Rule 42 amended

72L7~,345

29-Gommittee to select Chaplain

.600,548

31-8ecretary to make certain corrections. .351

32-Notify Governor 10-days session to adjourn

.351

33-Notify House 10-days session to adjourn.

.351

34-Sine Die adjournment 10-days session

.351

36-Notify House regular session Senate. 356

37-Notfiy Governor regular session convened

.357

47-Affecting action on H.B. 35. 612

51-Joint meetings Committee on 4griculture.

.634

60-Recess,luncheon to Dr. Truitt.

682

66-Memorial session provided.

.756,833

74--Leave of absence certain committees.

74

76-Program Com. Memorial Session.

.811

85-Prohibition bills ordered printed.

.941,943

86-House requested return H.B.344

.942

90-House requested to act on senate bills .969,972

101-Debate limited to 30 minutes

1139

123-0fficials remain after adjournment 1966

129-Veto of H.B. 855 requested

1986

129-Notify House ready adjourn sine die.

2024

.130-Notify Gov. ready adjourn sine die 2025

131-8ine Die adjournment 2037

Orders of the day and special orders:

S .R.45 .

.....

.594~598

S.R.52 .

........

.643,645

S .R.54 .
s.R.sa .
S.R.61

.....
. ...... .

651,654 680 .698,699

S .R.65 . . . . .

754,755

S.R.72

.787,788

S.R.73 S.R.79

799 .852,862

S .R.BO

853,862

S.R.82

866,867

s.R.B7 S.R.89

.948,951 .962,969

s.R.94

1049,1050

INDEX

2059

s.R.95 . s.R.97. S.R.98. S.R.99, S.R.lOO S.R.l04

1076,1102 1101,1102 1102,1112
.1136 1136 . . . . . . .1136

A
AMENDMENTS TO CONSTITUTION8-Lieutenant-Governor,created .23,359,509,523,598 9-President,President Pro Tern. elected.23,359,510,528,614, 633 10-Four years term,Governor,etc.23,359,510,531,615,631,633 11-Extraordinary sessions limited23,359,510,536 12-Stat~ School Supt.provided for 23,359,510~539t214i633 13-Hamestead tax exemption 24,9~0,luo2, 284 15-Exemption from Taxation; Jut. 7; Sec. 2.33,911,980,1032,1284 22-Poll Taxes;Art. 2; Sec. 1 336,575 23-Tax exemption ministers' homes 336 38-Non-productive lands tax exempt. . . .509,575,583,802,816i862,884 50-Public School Tax;Art.s; Sec. 4 634,980, 032,1153 83-Reduction of appropriations; Art.3; Sec. 7 885,980,1032,1157,1288 SB-Per diem AssemblYmen,changed. .948,1053,1056,1289 (See also Bills under same heading)

APPRECIATION AND CONFIDENCE EXPRESSED-

114-Appreciation to Pres. Redwine

.182?

116-Thanks to Macon Telegraph

1867

118-Portrait Pres. Redwine requested

.1913

120-Appreciation to Rev. L.J. Ballard .1962

121-Thanks to Senator Millican.

.1965

124-ThankS to Depts. of state

1966

126-Appreciation to Dept. of Law

.2002

127-8enaters Confidence in Gov. Talmadge

.2014

B
BONDS AND SURETIES69-Payment of premium on,Telfair Co, .758,917,918,939,1141 107-Tallent,W.H.,relieved on bond .1332,1435,1440,1555,1943

BOOKS,LIBRARIAN TO SUPPLY-

40-Tci 42-To

Ordina Judges

ry S

oCuhthawttoesotgearnCCoui rnctyui t5151 557662,,558833,,772289,,11220839

43-To Superior Court McDuffie County 579,660,729,1209

68-Codes to Members of Assembly.

808,809,944,1343

BROWN THRASHERlOS-Adopted as official bird.

. . . .1Z32

c

COMMITTEE REQUESTS-

75-Pres.Redwine,Committee on relief measures 804

77-senator Atkinson,constitutional Amendments.

804

128-Economy and Tax,Governor to name.

.2081

2060

INDEX

CO.MMUNISM122-Condemned by Assembly.

1965

CONGRATULATIONS54-0n birth of daughter senator Edenfield
103-Wesleyan College,lOO years

728 1144

CONGRESS,REQUESTS T0-

17-Ga. Senators;vote against World Court 70L73

24-Ga. Delega 26-Campensate

tion; ginn

e er

q s

ualizin under

g freigh Bankhead

t

rates 33 Law 344,548,55

6
3

,17'18866

44-Ga. Delegation,support bonus bill. .579,652,655

78-Request abandonment NRA. 837

93-Request funds battle site Phoen}x City 1016,1326,1945

102-To use Ga. marble in public works.



D

DEATHS,II.Jm:SS-

21-Escort, funeral.Dr.J.W.G. Watkins.

781 833

30-In Memory of Dr.watkins.

350,833

46-Illness Senator FUlghum.

.603,833

48-Death Hon.J.L. Mayson.

613

49-Death of Senator FUlghum

.624,653,833

56-Illness Senator Carswell .677,833

62-Death of Senator Carswell.

.719,833

63-Floral tributes authorized

?27

84-Death of Geo. L. Candler 919

92-Death of Mrs. J.M. Williams 1014

(See also Memorials under "Organization-Procedure")

F
FARM PRODUCTS117-Legislatures asked to exempt from tax . . 1867,2012

G
G.AME AND FISH109-Not to supply private ponds.

1691

H
HIGHWAYS,HIGHWAY DEPT.27-Dept.to retire Cedarhaw bonds 349,583,877,1534 28-Dept.to pave certain roads 349,583,82~!1140 59-State Routes 8 and 10 designated 701,703,754,7oo,768 81-A1exander H.Stephens Highway .854,886,887,997,1036,1343 96-Crisp Military Highway 1078,1341,1375,1451,1912

I
INVE3TIGATION53-Information Veterans Service asked 67-National Surety Corp 71-National Surety Corp

.645,689 758,1904 777

INVITATIONS-

35-Director Lilienthal for address

.354-

55-President Roosevelt for address

.655,715

108-Gov. Talmadge,address joint session 1457,1504,1505

INDEX

2061

. . . . L
LEGISLATOR'S ASSOCIATION70-De1egates from Ga. named.

.. 763,807,809,865,881

H
MILITARY HEDAIB115-Issuance for service autaorized

1867

p
PUBLIC SERVICE COHMISSION39-8uspens1on of members ratified. 57-To require current at Andersonville

510,511 657,818

PROPERTIESlOS-custody of ,for Senate and House

1267,1338,137~1
1447,1989,19w

R
ROHAN CATHOLIC SOCIETY25-At Augusta Relieved,taxes 344,659,660,730,989

. . . . s

SENATE REUNION119-For Atlanta,Jan. 1936

.

STATE INSTITUTIONS113-PUrchases provided for.

STATE SEAL41-New Great Seal,to purchase.

STATE TREASURERIll-To make certain payments. 112-Authorized make certain ~ents.

1745,2013 515,576,583
1724 .1724

w
WARM SPRINGS FOUNDATION91-Requested to receive Hiss Haygood 977

2062

INDEX

HOUSE BILI.B AND RESOLUTIONS ACTED ON IN THE SENATE

HOUSE BILLS

Figures in lett-hand column lndicate the number of each respective Bill; in right-hand column, number of page.

A
AGRICULTURE47-Uninoculated swine,~portation prohibited 1189,1243,1333, 1440,1609,1686 134-Regulating advertisement of seeds 1190,1244,13331 144011605 331256073---GRSetraagtiunelaWFtainhrmgeaertr,asnsaglMee-aosrlfkaeurtesgghutelarteod8f16li1v8e28s1t18o38c60k17,8,E1582a5r1l82Y5117C8,87o62u3,n11t88y7674 (See counties) 394-Sales of milk regulation 128411306,1540,1589,1886 620-Bapcrperwopwroiar.tme,d$501000 1344,136811429,1513,1686,1841,1863, 1952,196611977,1979,1986,202612036, 2037 701-Regulate truck dealers, farm produce 143711464,1582,1590,1934,1975 792-Eggs,regulate sale of 1748,18021180311934

.AMENDMEN1'S TO CONSTITUTION-

li-To authorize classification property

for taxation. . 578,580,927,1045,

109211213,13041 13481

1669,167012035

32-To exempt $500 value from taxation 723.1u7:~:~l:~:9S841011219901~11~

91-Authorize levy of tax for payment of

old age pensions 759i7456491,9189009,1101926801::

209-Htrigahnwsateyrcs e1armtiefnidceadtes1A.ct

1933, 12071124511435,1441,1838,1873 (See also House Resolutions)

APPROPRIATIONS128-Jefferson Davis 1spot captured, $2,500 appropriated 143711463116151161811897 206-Liberty Hall1appropriated $11000 153411544117281173312022 240-General Appropriations Act 1014,1022,12651156011728, 182911958,2008,2011,2026,
2036~2037.
547-Crawtord W.Long Memorial fund .1437,1464,1615,1619,2021 573-UniversityL$1~000 1 000 appropriated. (See University
System of ua J 620.-Bcrew worm,$50,000 appropriated (See Agriculture} 683-Girls Training School,appropriation for
negroes .1805,1853,1872

INDEX

2063

BANKS AND BANKING181-Examination of banks,Code Sec.l3-401 amended (See Code Amend) 289-Invested funds,security required of banks. . . 1191,1245,1398,1441,1597 297-Depositories bonds,insurance 1718,1731,1847L 1849,195? 298-Amend Code,Title 13,"Defining Banks" (See Code Amend) 397-Amending Act,bond by State depositories (See Code Amend) 412-Credit unions,examination of,Code amended (See Code Amend) 632-Reports of banks,may be oiiillll tted (See Code ~end)

BEER-
90-Provide for license and excise taxes,Malt Beverages. (See Prohibition}

c

CHARTERS-

904-Athens

1438,1465,1863,1864,1942

343-Atlanta,to retire deficit.

.724,733,806,810,826

344-Atlanta,group insurance for

employees

7289417,93337,8,95452,8,9640'L1

345-Atlanta. 1007,1022,1111,1119.1170

346-Atlanta(abolishing warden) 1011,1022,1111,1119,1170,

1576

757-Auburn

1200,1253,1336,1370,1400

11-Augusta.

626,634,684,686,731

15-Augusta,abolish office of Mayor 630,635,684,686,709

703-Baxley

1012,1024,1111,1121,1174

822-B1ackshear

1202,1257,1336,1372,1404

110-Blakshear.

596,617,806,810,825

682-Blakely.

1012,1024,1239,1337,1370,1428,1582

799-Blakely.

1195,1256,1336,1371,1582

520-Blue Ridge

785,814,886,929,959,1142

898-Blue Ridge

1465,1585,1592,1632

857-Broxton,charter amended 1201,1259,1336,1372,1405

780-Brunswick,city manager

1196,1254,1463,1467,1516

414-Cartersville

713,735,806,811,827

415-Gartersville 878-Chamblee

1438,7114364,7,13558,850,165,89121,1682471

927-College Park 63-Golumbus

153663,0151 64386,11685876,,1967690, 11072676,
1057,1068,1212

645-C ornel1a

.1012,1023, 1337,1713

953-Cornelia

. 1662,1668,1713

916-Grawford



1527,1547,1657,1660,1759

883-Cumming 1538,1545,1657,1659,1758

855-Dahlonega (See Municipalities}

786-Decatur (registration books) 1013,1026,1337,1371,1402

787-Decatur,city of 1014,1026,1337,1371,1402

788-Decatur (City ballot form} 1013,1026,1337,1371,1402

896-Decatur. 564-Eastman.

15351

1546,1657,1660,175 822,1110,1119,117

8 1

567-Eastman.

905,931,1110,1120,1171

917-East Point

1536,1547,1657

2064

INDEX

606-Elberton 817,829,886,929,961

734-Fitzgerald 1013,1026,1111,1121,1175,1436,1513

481-Forest Park,town of 725,737,806L811L827,933

778-Forest Park,Clayton County 1195,1254,1306,1071,1401

774-Greensboro.

1200,1254,1336,1371,1401

351-Harlem,town of.

.. 597,618,806,810,842

817-Hartwell.

.1202,1257,1336,1372,1404

839-Hartwell.

.1202,1258,1336,1372,1405

976-Hazelhurst.

.1742,1750,1846,1850,1880

61D-Hinesville.

823,847,1110,1120,1172

935-Jackson

.1526,1549,1657,1660,1760

274-Kite,town of.

.621,640,950,951,983,1270

924-Kite,town of.

1525,1548,1657,1660,1760

233-Lithonia.

545,551,684,687,710

446-Macon

713,736,806,811,843

948-Hacon

.1537,1550,1657,1661,1760

949-Hacon

.1663, 1668, 1730,1735, 1815

967-Macon

1538,1551,1730,1735,1817,1951

971-Martin 1664,1668,1730,1735;1824

526-McCaysville,town of

822,845,886,929,960

460-Mitchell,town of.

821,844,951,985

609-0cilla. .823,846,1110,1120,1172

.861-Pembroke,charter amended 1201,1259,1336,1372,1405

48-Quitman

630,635,1110,1118,1170

623-Rossville

823,847,1111,1120,1173,1577

203-Savannah.

596,617,704,926,~5,1075

989-Statesboro.

.1862,1868,1903,1912,1953

797-St.Charles.

.1197,1256,1336,1371,1403

737-Trenton ~

~052,1055,1111,1121,1175

981-Twin City

.1742,1750,1846,1851,1880

613-Union City.

823,847,1111,1120,1172

222-Villa Rica. . 628,639,806,810,826

179-Washington.

621,638,886,927,956

969-Washington.

.1664,1668,1730,1735,1823

932-West Point 1525,1549,1657,1760

(See also Municipalities)

CODE .AMENDMENTS2-To amend Sec.68-20l,L1cense Motor Vehicles. 566,567,576,584,605 77-To amend Sec.26-160l,def1n1ng kidnaping 1133,1162,1239,1240,1353, 1452,1721,1737,1898,1951 83-Comnutation tax,1910 Code amended, Douglas County. (See also Counties} 1189,1243,1296,1309,1354,1780 85-To amend Sec.27-704,Judges may open Court without jurors 785,813,1106,1119,1350
181-To amend Sec.13-401,examination of banks 1190,1244,1398,1441,1607
216-Amend Sec.34-1302,regu1at1ng polls at Court Houses 866,930,977,1028,1064
217-To repeal Sec.89-704,quarterly statements,Co1mt1es 1104,1112,1399,1441,1757
22D-To amend Sec.2823,Code 1926, charter granted by Superior Court 1190,1245,1338,1379
251-To amend Sec.92-830l,redempt1on of lands .1437,1463,1903

INDEX

2065

261-To amend Sec .24-1707, ordinary1

vacancy how filled 1807,1852,190311912

266-To amend Sec.34-19031et.seq., elections,Glynn county1097,1112,1237,124011356

286-To amend Sec.34-3203,Pr1maries 1718,173111903 298-To amend Title 13,"Defining

BankS" . 10971111311463,146711606

312-To amend Sec.52-1011innkeepers and guests . 1191,12461161311618
333-To repeal Sec.89-102,making members

of General Assembly eligible for

appointment . 952196211079110881

13001 1350 J 1352

361-To amend Sec.95-802,commutation

tax Meriwether county 1191,1247,13401138011859 391-Amend Sec,92-802,commutation tax,Glascock (See Counties)

397-To amend Sec.l256,Code 1910,

State depositories 1052,1055,1238,1241,1300

412-To amend Sec.25-l22,exam1na-

tion of credit unions 1192,1247,1398,1442,1598

413-To amend Sec.695,Code 19101 Laurens County 1192,1247,1298,1310,

1356,1781

444-To amend sec.95-802,road tax

carroll County 120011248,1296,1310,1357,1780 449-Amend Sec.95-2102,Highway

refunding certificates 1131,1163,1429,1513,

1893,1949

464-To amend Sec.3-505,action for

tort 466-To amend Sec. 86-903, compensa-

1347,1365,143211442,1860

tion officers and enlisted men 485-To amend Sec.ll3-2004,duties of

adm1in1i9s2t,r1a3t3o5r11370,11684404

499-To amend Sec.95-908,road tax,

Dooley County 1192,1248,1298,1310,

1357,1780

504-Amend Sec.95-802,commutation tax exemption. (See

Counties)

530-To amend Sec.95-2112,H1ghway cert1ficates1Richmond County. (See counties)

545-To repeal sec.86-50l,fixing

duties of Adjutant General952,962il016,1029,

110 , 1102,1130

546-To amend Sec.95-802,road duty,

Baldwin .1719,1731,11886735,1,1896o~o1

632-To amend Sec.13-50l,reports of

banks 1193,1250,1398,1443,1605

638-Repeal Sec .695(uw-23)Vol.l,Code,

road duty 1134,1165,1239,1241,

1358,1781

656-Amend Section 84-402,barbers,exempting

certain counties 1347,1366

724-To amend Chapter 92-3l,further

defining gross income 1807,1848,1853,1878,1958

2066

INDEX

742-To amend Sec.24-380l,three terms

Appellate Courts 1194,1252,1338,1383,1770

743-To amend sec.45-50l,powers Game &

Fish Commissioner .1806,1853,1942

747-To amend Sec.88-1212,issuance or

birth and death certificates 1194,1252,l~?Ll433,

1~,1859

761-To a.inend Sec. 95-802,rood duty,

Lowndes County 1133,1165,1613,1619,1771

779-Amend Sec.23-140l,authorizing Glynn

County to employ policeman 1196,1254,1428

783-To amend Sec.27-2506,punishment

misdemeanors.

1806,1854,1874,1878,

1974,2012

856-Provide for purchase or 1933

Codes 1535,1545,1651,1659,1919

875-To amend Sec.29-30l,land pur-

cbases,covenants .1718,1731,1846,1849,

1986,1990

CONSERVATION17Q-Advertise Georgia Commission1345,1365,1462,1467,1858 439-Authorizing State parks 1200,1248,1334,1442,1857 508-Public parks ,lands to Federal Government 1192,1249,1334,1442,1599 925-To pennit u.s. to purchase lands, St.Simons Island. 1536,1548,1726,1734 939-Authorize sale marsh land in Chatham .1537,1549,1726,1734,1814

CORPORATIONs16-Provide special officers for corporations or companies. (See also Taxes) 1130,1162,1239,1240,1301

COURTS18-Three terms Superior Court of Pickens County (See Counties) 97-Amend Act establishing City court of Swainsboro (See Counties) 102-Four terms Superior Court of Cobb County (See Counties) 123-Abolishing City Court or Danielsville (See Counties) 127-Cbange terms Superior Court Tifton Circuit 596,617,808,810,826 130-To add two ter.ms of Superior Court of Madison County. (See Counties) 145-Court fees in divorce cases,Baldwin County (See Counties) 172-Amend Act establishing City Court of Jesup (See Coun-
. ties) 21D-Amend Act establishing City Court of Valdosta (See coun-
ties) 220-Charters granted by Superior Court,Sec.2823,Code 1926
amended (See Code Amend) 250-To amend Act creating City Court or Brunswick (See Coun-
ties)

INDEX

2067

.

284-Abolishing tee system!Ogeecbee Circuit. 647,664i763,767

308-Providing Solicitor or City Court ot Dublin sba 1 be

ex-officio county Attorney (See Counties)

338-Increase terms of Superior Court of Carroll County (See

Counties)

364-To repeal act to establish the City Court

of carrollton 724,733,926

369-Amend Act,City Court Cairo (See Counties)

375-Payment of cost for trial of convicts in Baker County

(See Counties)

399-To amend Act creating City court of Douglas (See coun-

ties)

409-Juvenile Courts,Act abolishing

amended 41<>-Changing

name of

Cr1m1nal cour

t11o9f 1A,1t2l4a7n1t1a33(S7e,1e3C80o,u1n4-59

ties)

417-Four terms of Superior Court, Meriwether County (See

Counties)

452-To abolish City Court ot Miller County (See Counties)

453-Establish City Court of Miller County (See Counties}

480-To amend Act creating Municipal

Court of Macon 713,737,1079,1088,1122

497-Provide four terms year Superior Court Peach County,

(See Counties)

529-Piedmont Judicial Circuit,Act

amended 1586,1595,1651,1659,1762

533-Amend Act creating Municipal Court ot Augusta (See

Counties)

565-Expenses relative to Superior Court ot Dodge County

(See Counties)

568-Clerk Superior Court,Dodge,

salary tixed,repealed. 1199,1249,1296,1311,1358

589-Authorizing Cherokee County pay costs of misdemeanor

trials. (See Counties)

604-Amend Act creating City sourt of LaGrange (See coun-

ties)

606-Police Court Recorders

authority enlarged 1586,1595,1651,1659,1757

627-To amend Act creating City court of Sylvania \See Coun-

ties)

628-Amend Act establishing City Court of Leesburg (See

Counties)

63<>-Cbange terms of Superior courts Dublin Circuit (See

Counties)

636-court reporters,amended,Bibb County (See counties)

654-Insane persons,trial of,Tattnall County (See Counties)

655-Felony tees ,Clerk and Sheriff,Tattnall County (See

Counties)

715-Amend Act creating City court of Sylvester (See coun-

ties}

728-City Court Ba1nbr1dge,Act amended (See Counties)

742-Appellate Courts,three terms (See Code Amend)

767-Atlanta City Court,act re-

pealed 1097,1114,1297,1312,1388

768-Additional Judge,Atlanta Circuit 1097~1297,1312,1388

769-Atlanta Juvenile Court,salary of Judge (~ee Counties)

770-Atlanta City Court,Judgesr salary reduced (See Counties)

2068

INDEX

771-Atlanta Criminal Court,salaries reduced (See Counties)

772-Atlanta Circuit,Solicitor General,fee system Act amended

(See Counties)



773-Fulton Circuit,Judges salaries supplemented (See Counties)
784-Augusta Circuit,powers of

solicitor general, name clerk1196,1255,1296,1313,1389 796-Four terms or Superior Court,Worth County (See Counties) 800-City Court of Macon,amended;

sheriff sales1197,1256,1336,1372,1403 823-claxton City Court,amend Act

creating ~ 1202,1257,1336,1372,1404 850-Four terms Superior court,Stephens County (See Coun-

ties) 903-Richmond City Court abolished (See Counties)

905-City court of Baxley,Solicitor

General, salary changed. .1535,1546,1651,1660 f 1756 915-City Court of Jefferson,Jackson County,Act amended lSee
Counties) 919-Solicitor General Augusta

Circuit,appoint assistant 1536,1547,1848,1851,1882

938-city. Court of Colquitt county,amend Act creating (See Counties)
947-Macon Circuit,Solicitor General,ameqded (See Counties) 984-February term Cherokee Superior Court changed (See
Counties)

988-city court of Jefferson,Act amended (See Counties) (See also: ncounties" where only one affected)

COUNTIES528-Appling,reduce bond of Sheriff 822,845,926,929,960

846-Appling,amend Act creating

County Board 1203,1258,1298,1314,1392

905-Appling,salary Solicitor General City Court of BaXley

(See Courts,City,County,Mun.)

618-Atkinson,reduce bond of sheriff 823,847,926,929,961

64-Bacon,to define duties County

Commissioners 627,636,838,840,878,932

65-Bacon,repeal Acts creating County

criminal court 62:7,636,808,825

66-Bacon,amend Act abolishing county

Treasurer 62:7,636,838,840,869

67-Bacon,reduce bond of sheriff 596,617,838,840,870

69-Bacon,per.mit hook and line fishing

785,813,1461,14q7,1596

255-Baker,to prohibit road tax 596,618,687,711,788,800

375-Baker,costs for trial of con-

victs in Superior court 713,733,838,841,875,1017

376-Baker,amend act creating Board

of Commissioners

712,734,838,842,875,987

145-Baldwin,court fees in

divorce cases 1200,1244,1269,1310,1354,1778

546-Baldwin,road duty exempt (See Code Amend)

756-Barrow,repeal Act,striking word

Gwtnnett, substituting Barrow1195,1253,1336,1370,1400

802-Barrow,reduce bond of sheriff 1133,1166,1268,1313,1391

803-Barrow,Repeal Act abolishing

Treasurer 1131,1166,1237,1241,1314

INDEX

, 2069 c

847-Brantley county treasurer 1201,1258,1583,1591,1631

851-Brantley,establish manager form of Government 1203,1259,1583,1591,1636,1720

853-Brantley,Repeal Act creating County Board 1203,1259

706-Berrien,extending term,county Commissioners 954,982,1081,1090,1124

105-Bibb,fixing time of primary in certain counties 1010,1021,1160,1168,1220

636-Bibb,Court reporters,Act amended 1586,1595,1651,1659

753-Bibb,permit tax levy to support

paupers. . 1194,1253,1399,1443,1601

947-Bibb,fee system Solicitor General amended . 1663,1667,1746,1751,1815

49-Brooks,to fix qond of sheriff 544,549,577,584,606

99-Brooks,change fee to salary system,Act amended 1189,1243,1296,1309,1354

112-Bryan,authorizing tax offi-

cials to collect delinquences 621,637,683,686,709,789,800

113-Bryan,to create Board of Commissioners 621,637,683,687,710,726

114-Bryan,to require bond of county

officers . 621.637,838,840,870

785-Bryan,tax commissioner created 1196,1255,129811313,1389 284-Bullock,abolishing fees Ogeechee Circuit (See Courts,

SUperior)

832-Butts,county board amended 1201,1258,1298,1314,1392

684-Candler,to amend Act to con-

solidate office of Tax Receiver &Collector 953,981,1081,1089,ll23

338-Carroll,increase terms of Superior Court 7?A,733,926

437-Carroll,amending Act consoli-

dating office of Tax Receiver 712,736,839(842,876

444-carroll,exemption from road tax (See Code Amend}

694-carroll,corporations to return .

taxes in county 1524,1544,1725

153-Cbarlton,create office tax commissioners . 544,550,1941

387-Cbarlton,to create a County Board 820,843,1941

388-Charlton,creating Board of Commissioners 725,734,1941

939-Chatham,authorize sale of marsh island (See Conserva-

tion)

272-Chattahoochee,abolish tax receiver

and collector 665,689,949,951,983

504-cherokee,exemption from

commutation tax 1011,1022,1080,1089,1127,1571 589-Cherokee,authorize payment

for trial of misdemeanors

.

1011,1023,1080,1089,1127,1570

590-Cherokee,salary in lieu fees to

sheriff 1011,1023,1081,1089,1128,1571

763-Cherokee,fix bond of sheriff 1132,1165,1237,1241,1323

973-Cherokee,compensation of Sher-

iff. .1538,1744,1750,1844,1850,1892

984-Cherokee,February Superior

Court changed 1842,1854,1905,1912,1953

658-Clarke,candidates for Assembly,designate place (See

Elections)

467-Clay,to abolish office of

Treasurer 714,736,1108,1119,1171

2070

INDEX

543-Clayton,amend Act creating Tax Com-

missioner. 760,7178076,1,188693<L::l,816984t1l

102-Cobb,four terms Superior Court 544,550,616,619,661

399-Coffee,amend Act creating City

Court of Douglas .; 714,734,763,766,781

478-Coffee,amend Act ab~lishing office

of TaX Receiver and Tax Collector7251 736,917,928,959 514-Colquitt,repeal Act creating Tax

Commissioner .821,844,9801 1028,1060 515-Colquitt,repeal Act abolishing

Tax Receiver and Collector .821,844,980,1028,1061

518-Colquitt,create office of Tax

Collector. 821,844, 980,1029,1061

519-Colquitt,create office of Tax

Receiver 821,845,9801 1029,1061

93 93

78--CeCCdiootlylqquuCiiottttu,1CratmouenndtyABctoacrdre1Aatcitngam end11-5522661,11554499,,11665913,,11676313,,11786114

423-Coweta,Tax Receiver and Col-

5

5

lector,amended 6-Dade,abolish Tax

Collector

and







713,73

5

,917,928

1

958

Receiver 760,770,917,929,961

729-Dade,reduce bond of sheriff 318-Dawson,repeal Act creating

16631 1667,1693,17321 1809

county Board 597,618,838,841,873

319-Dawson, to create County Board 629,641,917,928,957

~67-Decatur,create Board of Cam-

missioners .597,618,838,841,874,987

728-Decatur,amend Act creating

City Court of Bainbridge 1052,1055,1296,1312,1387

247-DeKalb,require dance balls,

393-DeetKca.1bto,cpreroactiunrge

permits 724,733,763,766,814,891 retirement

fund for teachers 725,734,838,842,879,1017

651-DeKalb,tax assessors,duties

defined 1345,1367,1435,1443,1600

565-Dodge,expenses relative to Superior court 565,1089

565-Dodge County,expenses superior 568-Dodge,Clerk of Court,salary in

cour lieu

t

. o

f90fe5e1

931,1079,1122 s (See Court~

Superior)

569-Dodge,amend Act creating office of

Commissioners. .905,931,980,1029,1063

987-Dodge,special Criminal



baliff,appointment 1842,1855,1877,1879,1955

499-Dooley,road tax exemption {See Code Amend)

. 83-Douglas,cammutation tax,l910 Code amended {See Code

Amend)

89-Douglas,create office or Tax

Commissioner 596,617,980,1027,1060

920-Douglas,Tax Commissioner

created. 1536,1550,1630,1651,1771

40-Ear].y, to fix salary or

sheriff 543,549, 838,839, 009,1017

4l-Early,office of County Treasurer 544,549,838,840,869

357-Early,regulating slaughter

of live stock1051,1055,1297,1310,1356,1776

niDEX

2071

814-Ea.rly,fix salary of Treasurer. 1201,1256 1298,1313,1391

584-Echols,voting precincts,Mayday District (see Elections)

586~Echols,regulating County employment ~ 822,1107

587-Echols,require bond,County Cam-

missioners 822,J..i.v;,1120,1171

427-Elbert,fix bond of sheriff 714,735,763,767,782

97-Emanuel,amend Act establishing

City Court of Swainsboro 647,664,838,840,870

549-Emanuel,prohibit goats at large 760,770

781-Evans,tax commissioner created 1196,1254,1298,1313,1388

823-Evans,Claxton City Court,amend Act creating (See Courts,

City,etc.)

933-Forsyth,repeal Act abolishing Commissioners 1537,1549

844-Franklin,County Board created. 1206,1258,1693

974-Franklin,Tax Commissioner,Act amended 1664,1669,1693

151-Fulton,payment of Justices of Peace

tees . . . .

630L638,657,6~Q!

68?,789,799,tlb0

152-Fulton,changing officers tram fee

to salary

627,638,657,661,688,

789,799,849,852

187-Fulton,additional duties for

coroner. 628, 639, 657, 661,688

224-Fulton,to require dance halls,to

secure County permits 628,639,657,661,688,

789,799,850

225-Bu1ton,authorize Board of Education

to create retirement fund 631,674605,6,87830,7,6829~1

226-Fulton,authorize Board of Education

to borrow money 628,640,657,661L

689,789,799,84'/

246-Fulton,Cemeteries,hospitals,

permits required 1190,1245,1298,1310,1355

349-Fulton,to authorize contracts

between County and City 648,664,886,928,957

362-Fulton,enlarging duties tax asses-

sors 631,641,762,766,815

410-Fu1ton,changing name of Criminal

Court of Atlanta 714,735,763,766,781

500-Fu1ton,fi1ling vacancies in

offices 1097,1113,1160,1169,1221,1791

548--Fulton,Welfare Board author--

ized 1193,1249,1298,1311,1358

670-Fulton,dance halls,arenas,

etc.,regulated 1194,1251,1297,1311,1360

671-Fulton,list white and colored

tax payers 1206,1251,1298,1311,1360

749-Fulton,Civil Sstvice placed

in effect ll94il253,1337,1383,1882

767-Fu1ton,Atlanta,City Court,Act repea ed (See Courts,City,

etc.)

768-Fu1ton, additiona~Judge,Atlanta Circuit (See Courts,

Superior)

769-Fu1ton,sa1ary,Judge Juvenile

Court. ' 1098,1114,1296,1312,1360

770-Fu1ton,City Court Judges,salary

reduced. 1098,1114,1296,1312,1361

2072

INDEX

771-Fulton,Crtminal Court,Atlanta,

salaries reduced1105,1115,1540,1590,

1634,1720

772-Fulton,amend Act abolishing fee

system,Solicitor General

.1098,1115,1297,1312,

1458,1666

773-Fulton,supplement salaries,

Superior Court Judges 1098,1115,1297,1312,1601

829-Fulton.target shooting reg-

ulated. . . . . .1348,1367,1584,1591,1639

942-Fulton,jury list,lO,OOO names .1538,1550,1651,1661,1760

959-Fulton,coroner,additional

duties. .1743,1749,1844,1850,1885

972-Fulton.tax executions reg-

ulated. .1662,1669,1726,1735,1824

391-Glascock,exemption from com-

mutation tax. . . . .

.1134,1163,1237,1241,

1392,1780

541-Glascock,abolish office of

Treasurer 786,814,1543,1589,1693,

1761,1775,1874

542-Glascock,amend Act creating

County Board. 785,814,1543,1589,1693,

1761,1775,1874

554-Glascock,consolidate Tax Re-

ceiver and Collector

786,814,1543,1589,1693,

1763,1873

244-Glynn,Consolidate offices tax

collector and receiver 545,551,1237,1240,1314,1645

248-Glynn,repeal Act consolidating

offices Tax Receiver and

Collector 545,551,737,1336,1370,1399

249-Glynn,amend Act changing from

fee to salary system 250-Glynn,amend Act creating

C1i0ty96,1112,12371

1240,1355,1991

Court of Brunswick 266-Glynn,exemFtion Code

Sec.34-1903,p5r4i5m,5a5ry1,1e2le3c71ti1o2n4s0.,13(S17ee

Code Amend}

278-Glynn,repeal Act creating board

of commissioners 545,552,1237,1240,1319

279-Glynn,to create Board of Roads

and Revenues 545,552,1237,1241,1320

779--Glynn,authorizing county police. (See Code Amendments)

369-Grady,amend Act creating City



Court of Cairo. .648,664,838,841,1524

370-Grady,amend Act creating Tax

Commissioner 597,618,838,841,875

62-Hall,Public Schools for Lula dis-

tricts 630,636,762,765,780,892

754-Hall,election Lula School dis-

trict Board 1013,1026,1161,1169,1221

812-Hall,repeal Act creating Board

of Commissioners 1132,1166,1434,1444,1517

813-Hall{Create Board of Cam-

miss oners 1136,1166,1434,1444,1518,

1527,1602

INDEX

20'73

955-Hall,authorize police outside

city areas 1537,1551,1693,1?33,1816

956-Hall,Tax Comm1ssioner,created

1664,1668

264-Hart,to create office of Tax

commi ssi oner. 629,640, 924, 927, 956

765-Hart,county Commissioner created

0 0 0 0 0 0 0 0 0 0 0 0 0 1195,1253,1434,1444,1516

830-Hart,county board amended 1201,1257,1434,1444,1517

21..9-Haralson, amend Act creating

county Board ~ 630,639,838,841,872,987

789-Haralson, Tax Commissioner

created 1196,1255,1298,1313,1390

523-Irwtn,create Tax Commissioner 1011,1022,1081,1089,1122

524-Irwin,amend Act creating County

Board 905, 930, 980, 1029,1062

624-Jackson,Justice of Peace fees

from county funds 1193,1249,1693,1732,1924

915-Jackson,City Court of Jefferson,

Act amended . 1535,1547,1651,1660,1756

988-Jackson,City Court,Act amended. 1843,1854,1903,1912,1931

911-Jasper,County Board,Act amend-

ed 1408,1465,1542,1592,1774

912-Jasper,Treasurer,compensation 1438,1466,1543,1592,1632

913-Jasper,Tax Commissioner created 1438,1466,1543,1592,1632

930-Jasper,restrict powers Board ot

Commissioners 1537,1548,1693,1?33,1811

296-Jeff Davis,fixing bond of sheri!! 546,552,577,584,607

922-Jeff Davis,Tax Commissioner

.

created 1536,1547,1693,1733,1811

475-Jefferson,amend Act,county

Board 1075,1087,1160,1169,1220

17-Jenkins,to authorize parks626,635,838,839,878

818-Jenkins,authorize funds for

library 1202,1257,142~Ll513il604

169-Jones,reduce bond of sheriff 545,551,~8,84 ,871

307-Laurens,nomination county otficers. (See Elections}

308-Laurens,making solicitor of City Court

county Attorney 760,770

309-Laurens,amend Act establishing Board or

Commissioners 866,962

413-Laurens,road tax,Code 1910 amended (See Code Amend}

630-Laurens,change terms of Superior Courts 968,1023

865-Laurens,to prevent curtailment

of School ter.m 1203,1259,1334,1445,1605

628-Lee,Amend Act to establish City

Court of Leesburg 906,932,1296,1311,1386

591-Liberty, to create Board of Com-

missioners 905,931;980,1030,1063

592-Liberty,repeal Act creating County



Board 822,846,980,1030,1063

456-Lincoln,per.mit basket and seines

in certain counties 817,829,1461,1467,1598

210-Lowndes,amend Act,City Court of

Valdosta 628,639,857,860,936,1297

761-Lowndes,exemption from road duty (See Code Amend}

962-Lumpkin,County Board,Act repealed 1537,1551,1878

660-Macon,fix bond of sheriff 988,1023,1081,1089,1123

20?4

INDEX

688-Macon,payment of insolvent costs 1194,1252 123-Madison,abolish City court of
Danielsville. 630,638,?63,?65,?80 130-Madison,add two terms
Superior Court 544,550,129?,1309,1385 354-McDutfie,increase power tax
collectors as to fi. tas , 629,641,808,811,843,891 361-Meriwether, commutation tax,Code Sec.95-802 amended.
(See Code Amend) 41?-Meriwether, tour terms Superior
court 648,665,763,767,782 831-Meriwether, fix compensation of
Treasurer 1202,125?,1298,1313,1391 452-Miller,abolish City Court of
Miller County 81?,829,85?,861,93? 453-Miller,establish City court ot
ml~r ~,843,9~,~8,~8 502-Miller fix bond of sheriff 821,844,926,929,959 656-Mitcheil,barbers certificates,exemption. (See Code
Amend) 697-Monroe ,amend Act creating County
Tax Commission 953,982,1081,1089,1123 456-Monroe; permit fish baskets and seines. (See Lincoln) 521-Montgamery,repeal Act creating
County Board. 821,845,980,1029,1062 522-Montgamery, to create a County
Board 822,845,980,1029,1062,1933 498-Montgomery,abolish Tax Collector
and Receiver 821,844,980,1028,1060 140-Morgan,license tees,intoxicating
liquors 988,1021,1615,1618,1756 141-Morgan regulating manufacture,
alcoholic liquors 1007,1022,1615,1618,1756,2023 142-Morgan,repeal Act creating Board of Com-
missioners. 544,550 143-Morgan,create office commissioners
Roads and Revenues 544,550,563,566,661,714,838 892-Morgan,County Board created 1348,1368,1434,1445,1518 45-Mcintosh,regulate hunting Marsh
hens 627,635,1461,1466,1596 295-Muscogee, County funds tor
libraries authorized. .1191,1246,1334,1441,159? 497-Peach,provide tour terms year-
Superior Court 760,770,808,811,82? 18-Pickens,three terms Superior Court. 626,635, ?02,?03,?32 901-Pickens,County Board,Act re-
pealed 1742,1750,1844,1849,1896 111-Pierce,relating to residence
County Board members 627,63?,683,686,?09 758-Pierce,repeal Act,vote tor
County School Superintendent. .1133,1165,1334,1444,1601 689-Pulaski,repeal Act creating County Board 953,981 690-Pulaski,establishing a County Board 953,982 691-Pulaski,amend Act abolishing
Treasurer . 953,982,1298,1312,1387 692-Pulaski,reducing bond of sheriff 953,1298,1312,138? 893-Pulaski,County Board created 1407,1465

INDEX

2075

89f~Pulask1,County Board,Act repealed 1348,1368

124-PUtnam,fix bond of sheriff 544,550,577,584,607

8E.S-Handolph,create County Board 629,640,683,687,711

269-Fandolph,repeal Act creating

county Board .629,640,838,841,873

287-Randolph,to create County Board. .629,641,683,687,711

408-Richmond,salaries of County

officers fixed 725,734,838,842,879

424-Richmond,to abolish office of

Chairman of Board of Commissioners .713,735,838,842,876

530-Richmond,authorize sale of high-

way certificates,purchase School

Books. . . . . . .

1011,1023,1529,18721

1914,195

532-Richmond,appointment Board of

Education 905,931,1529,1873,1916,1989

533-Richmond,amend Act creating

Municipal Court,Augusta760,770,1110,1119,1176,1213

784-Richmond,Clerk to Solicitor General authorized.(See

Courts,Superior)

903-Richmond,City Court abolished. 1438,1465,1874,1878,1954

135-Screven,to fix bond of sheriff 627-screven,amend Act creating City

630 1 638,1298,1310,1386

Court of Sylvania. 906,931,1296,1311,1386

726-Stephens,reducing bond' of

sheriff. . 1013, 1025,1081,1090,1125

850-Stephens,four terms Superior

Court . 1345,1367,1435,1444,1517

957-stephens,County Board,Act

amended 1664,l668,1693il733,1816

73-Talbot,to reduce bond of sheriff 627,636,9 7,927,955

174-Talbot,supplement sheriff's

salary 1347,1365,1435,1441,1597

698-8tewart,f1x bond of sheriff . 1012,1024,1081,1090,1124

612-Taliaferro,u.s.to acquire forest

lands .1105,1529,1614,1839,

1975,2013

653-Tattnall,further defining

powers of sheriff 1200,1250,1298,1311,1359,1794

705-Tattnall,defining duties of County Board 988,1024

654-Tattnall,trial of insane per-

sons 1193,1250,1338,1382,1400

655-Tattna11,fees Clerk and Sheriff,

felony cases 1193,1250,1296,1311,

1359,1462

808-Telfair,Amend Act creating Com-

missioners 1131,1237,1242,1324

719-Thamas,abolish Tax Receiver and Collector 988,1025

482-Towns,provide for election or

apportionment of County School

Superintendent 725,737,763,775,1109,1140

438-Treut1en,to create a County

Board. 817,828,925,1033,1912

455-Treutlen,amend Act creating

office of Tax Commissioner 725,736,925,928,958

886-Treut1en,reduce bond of sheriff

o o o 14381 14651 1697117321 1809

2076

INDEX

604-Troupe,amend Act creating City

Court,LaGrange 817,829,857,861,938,1457

702-Twiggs,requiring publication

of quarterly report 954,982115431159011630

790-Tcwr eigagt esd1 TaxCamnis

sioner







1197

11255

11298

11313

11389

82-UTnreioans1urreepr eal

Act abolishing

288-UTapxsoCn1otmomcirsseiaotneerofficeof

6271637,92419271955 546,552,917,928,98411075

738-Upson,change bond of sheriff 1013,1026 11583,159011631 755-Upson1fix salary Chairman of
County Board 11321116511237,124111323 968-Upson,Target shooting reg-

ulated ~ 171811732,18451185011886 148-Wa1ker1amend Act abolishing

county boards 621,638,8381840,871

722-Welaescht1endgtobny1GCoraunndtyJucoryuncil 9881102511054,1056,1090 723-Washington,compensation County

Commissioners 172-Wayne1 amend Act

establishing





954,983,105411057,1091

City Court of Jesup

647,664,838,841,871

194-Wilkes 1to Traps

permit use of

Steel





816, 828, 978,1028,1064

195-Wilkes1to permit seines 1Broad

R1ver 816 1 978 ,102811064 612-Wilkes,u.s.to acquire forest

lands 1105,152911614118391197512013

596-Wilkes,Amend Act 1County Depository. 81718291857 1861,937

527-Wilkinson,reduce bond 656-Worth1barbers certific

aotef ss,ehxeermifpf tion82(S2e1e84C51o9de26A,9m2e9n1d9) 60

713-Worth,repeal Act consoli-

dating Tax Receiver and

Collector .101211024,1081,1090,1124

714-WCoournthty1amBeonadrdAct

creating







101311025,1081,11019205,,11120172,

715-Worth~amend Act creating

City ~ourt,Sylvester 1013,102511109,1121,117411212

796-Worth,four terms of

Superior Court.

119711255,1297,1313,1390

(See also: Highways)

COUNTIES,EX-OFFICIO SHERIFFS-

762-Providing Tax Commissioner1ex-officio

sheriff in certain Counties

1195,1253,1338,13~

1401,1996

COUNTIES,HISTORIC DATA131-Accumulation historical Gata, by counties 1132,1162,1297,1309,1349

COUNTY PURCHASES662-To regulate purchases by counties 1097,1114,~1,1359

INDEX

2077

D
DANCING745-Marathon dancing~prohibited 1347~13~~1611~1691 1
l"t~ 1 1856~195U

E

ELECTIONS-

lOS-Fixing tbne for primary elections in Bibb County (See

Counties)

189-Prtmaries and Elections,certain

parties excluded 1719,1730,1845,1848

216-Regulating voting time at Court Houses(See Code Amend)

266-Glynn County,exempt Code Sec.34-1903,et.seq.,(See Code

Amend}

286-Primaries and elections,amended. (See Code Amend)

307-Fix time 1primaries for county 3 3 9 - P r e p a r a t i o n 1e x h i b i t i o n 1b a l l o t

officers boxes

120011246

in Primaries 584-Additional v

oting precincts,









629,641,761 1766 1815

Echols County 1345~1366~1435,1443,1599

658-Candidates for AssemblY to

designate place 1193,1251 1 1508~1542,1589 1

1633,1719

677-Prtmary elections,Act reg-

ulating amended~ Atlanta .11941 125211529,1583, 163311720 786-Closing registration books,Clty of Decatur (See Char-

ters)

788-Form of ballot 1City of Decatur (See Charters)

EMPLOYMENI'-
271-To provide for establishment of National Employment System .9541981,1080,10881 111211142

F
FIRE ALARMS350-False fire alarms 1penal offense 119111246,133811380

FIRE ARMS.535-Fire arms)sale of regulated.

180411852

G

GAME AND FISH-

45-To regulate hunting Marsh hens in Mcintosh Count;)' (See

Counties)

46-Mcintosh,permit 69-Permit hook and

taking catfis line fishing

h in

B5a9co6n,61co7u11n4t6y1

1lS14e6e6C11o5u9n6-

ties)

107-To provide for State Fish-

ing License 147-steel Traps 155-To regulate

permitted. hunting





62 6i673178,,11473601 1111746475,,119830121,11998294

in State 1534,1544,1658,1900,2001,2006,200~

2015,2016,2027,2036

194-To permit use of Steel Traps in Wilkes County (See

Counties)

195-To permit use of seines in Broad River (See Counties)

456-To permit use of baskets and seines in Lincoln and

Monroe Counties (See counties)

2078

INDEX

733-Fur dealers regulated 1535,1545,1658,1661,1925 743-Commissioner or Game and Fish,powers enlarged. (See Code
.Amend) 929-Fish ladders authorized 1718,1731,1745,1803,2021

GENERAL ASSEMBLY- . 333-Making members or General Assembly eligible tor appointment (See Code Amend)

H

HEA2L3T~HtDaEtPeI'.

OFMedical

Examiners,Act

amended. 1586,1594,1612,1656,1658,1770

340-To prevent spread or

hydrophobia. .1052,1055,1433,1441,1922,1988

HIGHWAYS3-Highway Department,to pay surplus fundS to Treasury. .567,584,605 28-Require Vehicles,by muscular power to have lights 1074,1087,1106,1118,1236 51-Ta!t Memorial Highway designated 1189,1243,1298,1309,1353
106-Increase mileage,Banks County. 1278,1305,1341,1378,1472 185-Increasing Highway mileage
adding road in Pierce County 1208,1244,1340,1379,1480 209-Highway certiticates,transrers,Act amended (See Const.
Amend) 211-Increase mileage,Worth County. 1281,1305,1341,1379,1473 228-Increase mileage,Lanier,Lmvndes
Brooks,Clarke Counties 1280,1305,1340,1378,1473 245-Increase mileage,Webster County
1279,1305,1341,1379,1473 257-Increase mileage,DeKalb and
Spalding Counties 1437,1464,1541,1588,1630 281-Increase mileages,Montgomery
County 1280,1306,1341,1379,1474 283-Increase mileage,Mcintosh
County 1199,1245,1341,1379,1474 285-Increase mileage,Randolph,
Calhoun Counties 1279,1306,1341,1379,1474 311-Grading in Valdosta 1207,1246,1541,1592,1637 329-Increase mileage,Dodge county.
.1199,1246,1340,1380,1482,1666 334-Increase m1leage,Cobb County 1279,1306,1341,1380,1475 386-Increase m11eage,Forsyth
County
363-To amend Act providing tor Highway certificates 1130,1162~1239,1242,1353
386-Increasing highway mileage Forsyth and Jackson 1280,1306,1341,1380,1475
418-Increase mileage,Cbarlton County 1199,1247,1340,1380,1484,1665
421-Increase m1leage,Butts County. 1279,1306,1341,1380,14?5 433-Increase mileage,Wilcox,
Turner,Pulaski Counties 1346,1365,1541,1589,1590,1638 434-Increase mileage in Hall County
1208,1247,1340,1381,1476

INDEX

2079

449-Treasurer set apart funds,Highway certificates. (See

Code .Amend)

454-Increase m1leage,Bartow County.1281,1306,1341,1381,1476

484-Increasing Highway mileage,

Effingham County 1134,1163,1239,1242,1357

487-Increase mileage,Franklin County 1199,1340,~81,1476

525-Parking on Highways regulated 1747,1748,1845,1649

530-Authorize Richmond County sell Highway certificates.

(See Counties)

555--Increase mileage,Jon~s,Wilk-

inson Counties 1278,1307,1341,1381,1477

559-Increase mileage,Troup County 1281,1341,1381,1477

583-Increase mileage,Forsyth,

Dawson,Lumpkin Counties 1347,1365,1657,1659,1753

593-Increase mileage,Johnson,

Emanuel,Treutlen Counties 1279,1307,1341,1382,1477

597-state mileage,Act 1933 re-

pealed. . .1208,1249,1340,1382,1478

617-Designating mileage,City of

Valdosta . 1280,1307,1341,1382,1486

619-Increase mileage,Douglas,

carroll,Paulding 1208,1249,1340,1382,1478

629-Increase mileage,Clay County 1281,1307,1341,1382,1488

644-Increase mileage,Dodge,Tel-

fair Counties 1281,1307,1341,1382,1478

648-Increase mileage,Peach and

Taylor Counties 1199,1250,1340,1382,1479

649-Increase mileage,Brantley,

Camden 1208,1250,1341,1382,1490,1665

664-Increase mileage,Lamar,

.

Monroe,Butts,Jackson Counties .1198,1251,1341,1382,1479

668-Increase mileage,Forsyth,

Dawson,Jones Counties 1198,1251,1341,1383,1479

675-Increase m1leage,Toombs County.ll98.,1252,1692,1732,1808

685-Designating Covington-Porter-

dale Highway 953,981,1106,1120,1221

721-Increase mileage,Jefferson

County. .1208,1252,1341,1383,1492

731-Increase mileage,Clinch,Echols,

Lanier Counties 1280,1307,1341,1383,1494

736-Increase mileage,Talbot,Upson

Counties 1198,1252,1461,1467,1600

. 744-Increase mileage,Washington

County 1280,1308,1341,1383,1496

766-Increase mileage,Glynn,Brant-

ley,Pierce Counties 1198,1254,1341,1383,1498,1666

782-Increase mileage,Oglethorpe

County 1347,1366,1541,1590,1638

805-Increase mileage,Cherokee

County 1198,1256,1340,1384,1500

815-Increase mileage,Mitchell,

Colquitt Counties 1197,1256,1341,1384,1479

819-Increase mileage,Fulton County.l348,1366,1541,1591,1638

820-Increase mileage,Fulton County,l348,1366,1541,1591,1639

828-Increase mileage,Bryan,Liberty,

Tattnal1 Counties . .1280,1308,1341,1384,1480

2080

niDEX

860-Increase m11eage,Jackson

County. .

.1348,1367,1657,1659,1753

869-Increase mi1eage,Jefferson

county. .1345, 1367,1541, 1591, 1639

870-Increase mileage,Jefferson

county . . . . 1345,1367,1541,1592,1640

880-Increase mi1eage,Macon County . 1345,1368

882-Increase mi1eage,Pierce County 1525,1545,1729,1734,1809

884-Increase mileage,Lumpkin,

Fannin,Union Counties. 1743,1748,1845,1849,1882

899-Designating Highway mileage

in Fulton County 1535,1546,1692,1732,1810

906-Increase mi1eage,Fulton County 1527,1546,1692,1732,1810

907-Increase mi1eage,Nacoochee

Valley 1525,1546,1692,1732,1810

908-Increase mileage,Habersham

County 1525,1546, 1657, 1660,1756

914-Increase mileage,Meriwether

County . 1525,1547,1692,1733,1811

926-Increasing mi1eage,Wheeler

County . . 1536,1548,1692,1733,1811

931-Increasing mi1eage,Walton

County 1537,1548,1692,1~03,1811

934-Increase mi1eage,Catoosa

County 1663,1667,1727,1734,1811

940-Increase mileage,Po1k County 1526,1550,1657,1661,1756

946-Increase mileage,Wilkinson,

Bleckley,Houston Counties 1526,1550,1657,1661,1763

951-Increase mileage,Glynn CoQnty. 1527,1551,1657,1661,1763

952-Increase mileage,Walker County 1747,1749,1845,1849,1884

958-Inorease m11eage,Chattooga

County . 1744,1749,1845,1850,1892

960-Paving on University campus

authorized , 1842,1868,1873,1878,1955

963-Increase mileage,Meriwether,

Upson Counties 1538,1551,1728,1735,1816

964-Increase m1leage,Union County. 1744,1749,1845,1850,188~

1950

965-Increase mileage,Early County. 1742,1749,1845,1850,1885

980-Increase mileage,Mitchell,

Grady Counties

1742,1750,1845,1850,18~

1988

982-Increase mileage,stephens

County 1842,1847,1854,1873,1954

986-Increase m1leage,Webster and

Randolph Counties 1842,1855,1873,1878,1954

990-Increase mileage,Lamar,Pike

Cour.ties 1843,1855,1873,1879,1956

(See also: Resolutions)

I

INSURANCE-

56-Amend Act establishing department

2

91

of -Ho

Insura spita1

nce Ser

vic

e,insu

ra

nce

exempted.6l62167,6,13753,648,147,83668,11

715 904

344-Authorizing group insurance for employees in Atlanta.

(See Charters)

INDEX

2081

K
KIDNAPING77-Amending Code,defining Kidnaping. (See Code Amend)

L
LIBRARIES197-Public Libraries provided for. 1190,1244,1300,1335,1390 295-County funds for libraries authorized,I1uscogee. (See counties)

M
l'liLITARY466-Compensation of officers and enlisted men (See Code Amend) 545-Fixing duties and compensation of Adjutant General (See Code Amend)

MINES557-Miner~ls,Clays,~orest exploited by commission. .1805,1853,1876, 1877
NOTOR VEHICLES1-Ratifying suspension of collection of Motor Vehicle Tag Tax 541,549,576,583,603 2-l'iotor Vehicle license tax (See Code Amend) 7-To provide for Motor Drivers License. (See Police Patrol) 28-Lights required,all muscular powered vehicles. (See Highways) 5~Siren horns prohibited . 1805,1851 70-To amend General Tax Act relative to Motor Vehicle dealers,etc. (See Taxes)
117-Defining offense of operating Notor Vehicle while intoxicated 759,769,806,810,1046
440-Bail,violation Notor Vehicle Laws . 1743,1749, 1847,1849,1925

MUNICIPALITIES-

200-To relieve. Lakeland of

taxes. 724,732,806,810,938,939,947,

1763,1966,1986.1991.2006~10

292-B1uffton;repeal Act reducing limits

. . . 597,618,886,928,957

299-To establish Public Schoo1s,City

of carrollton622,641,762,766,781

383-Prescribe qualifications,Mayor,

etc Netter. 629,642,1336,1370,1399

669-Augusta,amend Act creating

Board of Civil Service Com-

missioners 906,932~1110,1120,1173

677-Prtmary Elections,At1anta,amended (See ~lections)

700-To convey certain streets of



Springfield 1012,1024,1111,1120f1173

734-Increasing munber, Fitzgerald Board of Education. tSee

Cha::-ters)

786-Closing registration books, City of Decatur. (See

Charters)

788-Decatur,form of city ballot. (See Charters)

2082

INDEX

800-City Court of Macon,amended,sheriff sales (See Courts,

City)

836-Remove liens tor water rent,

Augusta. .1202,1258,1396,1444,1604

838-Atlanta,pensions for firemen

1535,1545,1750,1904,1918,1991

855-Dahlonega,abolishing Mayor

and Council. 1201,1259,1463,1468,1556,1666

867-Atlanta,Civil Service,Fire

Dept 1407,1464,1585,1591,1631

873-Tallapoosa,maintain Public Schools by local tax (See

Schools)

921-Acworth Public Schools,amended .1525,1547,1615,1619,1759

944-Street taxes,right to collect,

Rome 1526,1550,1726,1735,1815

955-Gainesville;utnorize police outside city areas (See

Counties)

966-Augusta,amend Act abolishing

J .Pt s. .

.1538,1551,1846,1850,1880

(See also: Charters)

N
NUDISTS253-Nudist colonies prohibited 1805,1852,1876,1877

p
PENSIONS359-Payment past due pensions . 1524,1544,1725,1734,1858 259-Payment of accrued pensions 1190,1245,1584fl588,1640 838-Fire Department of Atlanta (See Municipalities}

POLICE PATROL7-To establish State Police Patrol 816,828,1238,1240

PRACTICE AND PROCEDURE19-Authorize executors invest trust funds 723, 732,762, 765,1045 71-Defining crime of Sedition, punishment therefor 1526,1543,1584,1618,1770 84-Providing misnomer curable by amendment 1534,1543,1942 85-Permit Judges to open Court without jurors. (See Code Amend) 116-To authorize courts of record to render declaratory judgments 759,7691 837,840,1046, 1095,1128,1299,1352 164-Georgia Bar,incorporated 1719,1730,1801,1803,1949, 2002,2007,2008,2016 193-Robbery by force,death penalty 1719,1730,1903 207-Evidence procured unlawfully, not admissible .1534,1544,1651,1658,1857 440-Bail,Violation Motor Vehicle Laws (See Motor Vehicles) 483-Corporations(Colleges,Churches,etc.) succession preserved 1806,1852,1905 485-Duties of Administrator,Amend Sec. 113-2004. (See Code Amend) 1719,1731,1849,1933 491-Powers of sale,deed of trusts, Act amended 1131,1163,1397,1442,1859

INDEX

2083

492-Mental incapacity, judgment conclusive 1134,1163,1613,1619,1921
493-Sanity prtma facie presumed, persons discharged,Milledgevil1e 1133,1164,1397,1442,1599
494-Prescription against mortgage,not to run 1132,1164,1338,1381,1893
595-Regulating collection agencies. 1131,1164,1398 602-Increasing powers,temporary
administrators 1104,1113,1239,1241,1301 650-Restrict sale real estate
under execution,atc.. .1586,1595,1844,1849,1967 (See also: Code Amendments)

PRISON COMMISSION323-Prison Fann,land purchase authorized 1862,1868,1903,1912,1973 't83-Punishment misdemeanors,white females. (See Code Amend) 862-Probation officers,qualification, examination 1805,1854,1874,1925

PROHIBITION-

90-Provide for license and

excise taxes,Malt Beverages 922,930,941,1614,1618,1697,

1694,1711,1808,1840!_

1906,1920,1900

140-Fixing license fees,intoxicating liquors,Morgan county.

(See Counties)

_

141-Regulating manufacture,alcoholic liquors in Morgan

County. (See Counties)

144-"Alcoholic Beverage Control

Act" 144,918,930,941,1310i1394i

1413,1449,150 ,153

791-Domestic wines legalized. 1197,1255,1614,1619,1721,1863

PUBLIC SERVICE COMMISSION811-Municipa.lities to construct waterworks - 1587,1595,1725,1919 877-Limiting phone charges by Hotels and Apartments. .1587,1595,1802 (See also: Resolutions)

s

SCHOOI.S-

62-Public School,Lula District,Hall County. (See Counties)

225-Authorizing Fulton County Board to create retirement

fund. (See Counties)

226-Authorize Fulton County Board to borrow money. (See

Counties)

299-To create Public Schools,C1ty ot Carrollton. (See

Municipalities)

-

377-To protect students fran fire

hazards 725,734,762,766,1046

393-Creating retirement fund for teachers of DeKalb County.

(See Counties)

511-Provide seven months School

term. .1133~1164,1334,1442,1897

2084

INDEX

512-Provide free basal School

books 1133,1164,1334,1443,1900

532-Appointment Board of Education of Richmond County. (See

Counties)

643-Regulate transportation of

school children. 1105,1113,1398,1443,1974

754-Lula School Distr1ct,Hal1 County,election. (See Counties)

758-Repeal Act,vote for County School Superintendent (See

Counties)

842-Boards of Educat1on,election

certain counties 1437,1464,1543,1591,1764

865-Curtailment of School term in Laurens County,prevented.

(See counties)

873-Tallapoosa,maintain Public

Schools 921-Acworth

by local tax Public Schools,amended

1(S5e3e8,M1u5n4i5c,1ip6a1l5i,1ti6e1s9~ 1757

STATE OF REPUBLIC-

241-8lot Machines declared contraband. .1843,1868,1874,1877

313-Boards of Public Welfare

572-Tauothpoerrmizietdu.s.

1805,1852,1876,1877,1987 to acquire lands

in Okefenokee Swamp 952,962,1016,1029,1065

622-Children,homeless,neglected,

provided for 1806,1853,1876,1877,1961

841-8tate property,legislative

inspection 1806,1854,1876,1878,1987

STERILIZATION,EUGENICS204-sterilization,Board of Eugenics provided .1190,1244,1433,1441,1653,1720

T

T.AXES-

13-License tax on chain stores.648,664,1049,1161,1168,1765

7Q-To amend General Tax Act

relative to Auto dealers,etc

. 954,981,1161,1168,1184,1223

91-Authorize levy of tax for payment of old age pensions.

(Const. Amend)

112-Authorizing tax officials,Bryan County,to collect de-

linquent taxes (See Counties)

149-C~neral Tax Act amended,relief

of female voters 1104,1112,1399,1440

182-Repeal Act entitled wTax

Collectors as Sheriftsw 759,769,926,927,956

243-Executions for taxes,how pre-

served . 1586,1594,1652,1659,1857

251-Redemptions of lands sold for taxes (See Code Amend)

354-Increase powers tax collecto~McDuffie (See Counties)

362-Enlarging powers tax assessors, Fulton County. (See

Counties}

392-Excise tax on oleomargarine 923,930,1161,1169,

1301,1349,1606

457-charitable agencies,inst1tu-

_

tions,license provided for 1192,1248,1399,1442,1924

56looGeneral Tax Act 1427,1446,1582,1589,1737,1863,

1886,1952,2004

INDEX

2085

595-Regulating collection and commercial agencies. (See

Practice and Procedure)

640-Motor fuel occupation tax,

.

amended 1201,1250,~302,1399,1654,1720

671-Beparate list white and colored tax payers, ~ulton (See

Counties)

676-Regulating distribution copy-

righted music 1132,1165,1398,1443,1600

694-Corporations tax returns,carroll County (See Counties)

724-Gross income,exemptions repealed (See Code Amend)

733-Fur dealers licensed (See Game and Fish)

TREASURER3-Highway Department,to pay surplus funds to Treasury (See Highways)
449-State Treasurer,monthly funds,Highway certificates. (See Code Amend)

u
UNIVERSITY SYSTEM OF GEORGIA5-Defining status of Board of Regents 567,568,613,643,645, 646,648,650,726
132-Authorizing Board of Regents, dispose of property 1051,1054,1110,1119,1184,1222
238-Investment of funds in State bonds 1052,1055,1110,1119,1184,1222
451-North District Jr.College established 1343,1530,1543 573-$1,000,000 appropriated 1135,1164,1589,1592,1801,1837

v
VETERANS-
208-To amend Act admitting widows of Ex-Confederate veterans to Soldiers Home.

. 759,769,1584,1588

w
WINES-
791-Domestic wines legalized. (See Prohibition)

W.& A. RY807-Provide leasing State's property in Chattanooga1202,1256,1338,1384,1451,1907, 1910,1952,1999,2009,2015,2017

2086

HOUSE RESOLUTIONS IN THE SENATE

Figures in left-hand column indicate the number of each respective Resolution; in right-hand column,number of page.

A
AMENDING CONSTITUTION12-13A-Homestead tax exemption, $5,000. 694,712,980,l030,lnsg, 1074,1076,1102.1136, 1141,1272,1439,1617, 1713,1887,.1.905,1950 81-Fire prevention DeKalb County .1204,1261,1435,1445,1648 91-Authorize Assembly convene self, extra session .. 1204,1261,1436,1937 92-Zoning Laws,Moultrie 1104,1115,1238,1242,1362 123-~emporary loan,Chattooga
c.ounty. .1587, 1593,1727,1736,1825
251-Sec. of State to publish proposals to amend 1906 (See also bills under same heading)

APPROPRIATIONS-

21-Mrs.Eliza Beasley,deferred

pension . 1538,1552,1725,1736,1839,1988

23-City of Milledgeville,bonds 1862,1902,1913,1969

31-Bank of Gray,refund 1135,1167,1429,1513,1839,1922

93-(C)-Repayment taxes illegally paid. 1855,1872,1879,2023

176-Northeast Banking Company, tax

refund.

. 1526 ,1552,1729

238-Gov.to Divert funds to Common

Schools

.1743,1872,1879,1958,2013

B

BONDS ,SURETIES RELIEVED-

16-A.L.Fuller relieved

1207,1263,1614,1620,1751

17-T.G.Far.mer,Jr.,relieved,

Administrator 1207,1263,1613,1620

28-1-l.C .Mathis relieved 1205,1260,1509,1613,1620,1752

49-W.P.Middlebrooks relieved 1203,1260,1337,1377,1409

70-J.L.Russell,Will Kilgore

relieved. .

.1204,1260,1613,1620,1752

88-F.L.Cook relieved

.1205,1261,1614,1620,1750

89-C.S.Allen relieved

.1205,1261,1614,1620,1753

118-J ,11.Varner relieved .1104,1116,1462,1468,1521

119-J.H.Varner relieved

.1104,1116,1462,1468,1521

145-Mrs.L.Ii. Greene relieved 1205,1262,1337,1378,1412

150-James Dixon relieved

.1206,1262,1614,1620,1753

153-J.R.Thamas relieved .1104,1116,1726,1736,1827

168-J,N.Randall relieved .1206,1262,1614,1621,1754

174-Jessie Taylor relieved

.1206,1262,1296,1309,1362

198-Frank L.Jones relieved. .1346,1369,1435,1445,1523

211-Relieve appearance bonds City

Court Metter1587,1594,1651,1662,1754

218-H.D.Porter relieved 1743,1747,1845,1851,1880

223-E.P.Pringle relieved 1743,1747,1845,1851,1881

232-W.G.Brock,John Bryant re1ieved.l742,1748,1845,1851,1881

INDEX

20ffl

G

GENERAI2-Notice to Governor of convening.

.19

11-cammending Pres.Roosevelt for improvements 73

13-Joint Session tor inauguration

.33

26-Convening Regular Session 71

33--Inviting Howard E.Coffin to address 76

35-Expressing thanks to Mrs .John W. Herbert

338

37-Joint session1address Howard E.Coffin. 338

53-PUrchase new Great Seal of 54-Gen. PUlaski Memorial ]):cy.

state


72317377, ~~ ~~~71 ~~ 1~81 i10~5!b8l

so-unveiling Exercises at Milledgeville 352

61-Pres. Roosevelt Birthday Balls 352

62-Notice Sine Die Adjournment110-days session. 353 63-Adjournment,lo-days session 354

64-Sine Die Adjournment,lo-days session 354

76-Brown Thrasher as state bird 1205,1260,1614,1620

83-Joint meeting Agricultural Committees. 616

93-Inviting Hon.D.C. Ropertaddress. .1807

97-Hon.D.c. Roper, invitation 625,631

106-Cammittee to study relief measures 109-Pres.Roosevelt invited to address.



665

1783 ,860954

124-Teachers to take oath of

allegiance 1105,1116,1334,1445,1607

~ileage,Campensation,General

Assembly 1206,1261,1265,1339,1393,1394

132-Savannah River urged for

internal development 136-Ghattahoochee River development

760,771,1109,1121

11180

urged 760,771,917,~0,1046

139-Cammending Hon.Braswell Deen 760,771

141-Investigate Wisdom of State Supporting

Schools. 164-Five-days adjournment or

Assembly









761,771,9845481,896619

166-New Codes for Members Assembly

006, 932.,~9JP..z1030

177-Propose ha.mony1House and Senate

93~:~,~,969

178-Increase use of cotton 180-Endorsing H.C.Parker for

Asst.Sec.

of

war 988,11002077,,11309038

201-Sidney Lanier proposed for Hall of Fame 1205,1264,1299

202-Ga.Granite urged tor U.S.public

Buildings 1205,1264,1299,1531,1645

205-Investigate development State

,and Cit 207-Policy

y Property Houseco-operate wi

th

Gov1.6,6S3e,n1a6t6e9,1v1e7p2ts6.,l1374366,,11396794

210-PUblic Service com.asked Regulate Ga.J..ight

& Power co. 1408,1466

228-Conterence cam. to consolidate tax exemption

measu.res . .1593

229-Report or next Assembly on Hospitali-

zation . 1806,1856,1875,1879

230-Ckefenokee Swamp as National Park 1807,1855,1879

234-Conterence Committee asked H.R.l2-13A. 1617,1670

239-Pledge allegiance to State flag.

1742,1803

244-Joint session,acceptance flag.

.1803

254-Request Senate strike Sec.l8,H.B.l64 1949,2008

2088

niDEX

... : ~-~! .' /

H

HIGHWAY DEPT. AND ROADS-

27-Drivewa.y on Campus West Ga.

College 1207,1263,1342,1376,1469

45-Schley county,increase mileage 1279,1308,1342,1376,1469

46-Americus to Dawson added

1204,!260,1335,1376,1470

57-colquitt County,addition 1242,1308,1342,1377,1470

112-0kefenokee Swamp Highway 7lo,718

125-State Route #l,Military

Highway 1207,1263,1342,1377,1470

17D-Eugene Talmadge Highway

designated

1135,1168,1335,1378,147~

1868

171-Btribling Memorial Bridge 988,1027,1239,1242,1361

187-crisp Military Highway,

designated 1587,1593,1657,1661,1754,1775

197-0glethorpe Highway designated 1437,1466,1592,1641

206-Diversion funds from Highway Dept 1211,1264,1272

209-Andrew Jackson Highway

designated 1807,1856,1879,1955

216-Survey Campus university of

Ga.. 1587,1594,1657,1662,1753

236-Direct disbursement diversion funds. .1662,1687

L

LIBRARIAN TO SUPPLY BOOKS-

42-To Cook County 1207,1263,1340,1376,1408

43-To Eastern Judicial Circuit. 820,847,979,1030,1065,1326

47-To Oglethorpe County

1103,1115,1340,1376,1409

48-T'o Warren County

1204,1260,1340,1376,1409

68-To Telfair County 1075,1087,1107,1121,1180

71-To Colquitt county 1134,1167,1340,1377,1410

104-To Glascock County

1204,1261,1340,1377,1410

105-To Cobb County 1134,1167,1340,1377,1410

107-To Fannin County

1135,1167,1340,1377,1411

143-To Johnson County.

1135,1167,1340,1378,1411

151-To Thomas County

1205,1262,1340,1378,1412

152-To Bartow County

ll35,1167,1340,1378,1412

172-To Gilmer County 1135,1168,1340,1378,1413

186-To Emory University.

1346,1368,1461,1468,1521

189-To Emanuel County.

1346,1369,1460,1468,1522

19o-To Walker County

1344,1369,1460,1468,1522

19.1-To Hancock County 1344,1369,1460,1468,1522

192-To Chattooga County.

1346,1369,1461,1469,1523

p PUBLIC SERVICE COMMISSION-
6~pproving Suspension Pub.Service Com 514,585
To regulate Ga.Light &Power Co.(See H.R.210,"General"}