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 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 raGpepnleicraaln,t~1 roeucnotmymoenfdfeidc i by t als he t and ri la al rge Judge,S number olici or - 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. GILMTup.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~Tli0 .~_-< > >c2::: ~ -< 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 'o:l ~ ,. t'l CJl 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 ~z > 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 1'1 Cfl 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 ~ c:: ~ til ~ ,;< ..... >zc:: > -~< ..~ .... <&) ~ ?' ,._p,. (() 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 Tn!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 HHHSHHHHeooooooonuuuuuuusssssssaeeeeeeeteBBBBBRBReiiiiiiellllllsllllllosolNNNNNNuluooooooti......toio43n4527125n788963N38N11111,o.odddddd.oooooo13669pppppp1a1aaaaassssssddssssssoo..1... apps ass. ass. amended. R e spectf Clark ul o ly sub f 44th mDititsetdr1i Chairman. c t 1 p The orted following bills of by Committees 1 were the rea dSetnhaete~efacvonodrabtilmy er: e - 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 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 FRI.' 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 trurposes. 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. Prov1rt: Mr. President: Your Committee on Special Judiciary have had un-. der consideration the following Bills and Res,lutions of the Hart 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. 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 aneople 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 tortun1ty. 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,proses. 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.Pres1rds "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 fFell,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