Journals of the ten-days special session and the regular session of the Senate of the State of Georgia 1937 placed between the covers of a single volume

JOURNALS
of the
Ten-Days Special Session
and the
Regular Session
of the
Senate of the State of Georgia
1 937
Placed Between the Covers of a Single Volume.
Journal of Special Session from Pages 3 to 610 Inclusive.
Journal of Regular Session from Pages 613 to 2420 Inclusive. Followed 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, Monday, January 11, 1937.
1937 STEIN PRINTING CO., STATE PRINTERS
ATLANTA, G4.

OFFICERS
OF THE
STATE SENATE
1937-1938
JOHN B. SPIVEY, Sixteenth District . . . . . . . . . Presiden EMANUEL CouNTY
J. H. TERRELL. .................. President Pro. Tern. WARREN CouNTY
JOHN W. HAMMOND ...................... Secretary BIBB CouNTY
HENRY W. NEVIN ................ Assistant Secretary WHITFIELD CouNTY
CARTER C. PETERSON ........... Assistant Secretary MoNTGOMERY CouNTY
H. B. BLOODWORTH ...................... Messenger PIKE CouNTY
A. PERRY GRIFFIN . . . . . . . . . . . . . . . . . . . . . Doorkeeper DEKALB CouNTY

JOURNAL
SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, jANUARYll, 1937.
The Senators-elect for the term 1937-1938 met in the Senate Chamber at 10 o'clock, A. M., this day and the Senate was called to order by Honorable John W~ Hammond of Bibb County, Secretary of the last Senate.
The invocation was offered by the Rev. C. G. Earnest, pastor of the Swainsboro Methodist Church.
The following communication from the Hon. John B. Wilson, Secretary of State, certifying the Senators-elect in the general election of November 3rd, 1936, was received and read:
jANUARY 11, 1937.
HoN. JoHN W. HAMMOND, Secretary of State Senate,_ State Capitol, Atlanta, Georgia.
Dear Sir: I am transmitting herewith the names of the Senators
elected in the general election held November 3rd, 1936, to represent the various Senatorial Districts in the State of

4

JouRNAL OF THE SENATE,

Georgia as the same appear from the consolidated returns of said election which are of file in this office.

Very truly yours, JOHN B. WILSON, Secretary of State.

OFFICE OF SECRETARY OF STATE
I, John B. Wilson, Secretary of State of the State of Georgia,
do hereby certify that the one page of typewritten matter hereto attached contains a true and correct list of the Members of the Senate of the General Assembly of the State of Georgia elected in the general election held the third day of November, 1936, as the same appear from the consolidated returns of said election, which returns are of file in this office, the number of the Senatorial District being given, and opposite the name of the Senator elected from said District.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of January in the year of our Lord One Thousand Nine Hundred and Thirty-seven and of the Independence of the United States of America the One Hundred and Sixty-first.
JOHN B. WILSON'
Secretary of State.

STATE SENATORS 1937-1938.

1st District DavidS. Atkinson 2nd District Henry G. Atwood Srd District .J.P. Shedd 4th District L. Knabb 5th District .Jack Williams

6th District 7th District 8th District 9th District lOth District

L. L. Patten .Jeff Pope Dr. Thos. Chason .Jerome M. Clements J. P. Horne

MoNDAY, jANUARY 11, 1937.

5

11th District L. M.Moye 12th District G. Y. Harrell 13th District Dr. C. A. Greer 14th District Guy D. Jackson 15th District W. J. Peterson 16th District J. B. Spivey 17th District Walter Harrison 18th District Leon L. Peebles 19th District J. H. Terrell 20th District J. Howard Ennis 21st District J.D. Shannon 22nd District C. A. Holmes 23rd District W. D. Aultman 24th District Joe S. Burgin 25th District H. C. Kimbrough 26th District Jas. J. Flynt 27th District Roy Thrasher 28th District E. L. Walker, Sr. 29th District Glen S. Phillips 38th District Walter Whitehead 31st District George Allen

32nd District J. F. Pruett 33rd District J.B.Hardman 34th District Paul L. Lindsay 35th District G. Everett Millican 36th District John Neely 37th District Dr. L. J. Brock 38th District B. M. Jones 39th District Alpha Fowler. 40th District W. J. Burrell 41st District H.W.Hampton 42nd Distlict M. L. Johnson 43rd District KellY McCutchen 44th District Elbert Forrester 45th District Otto Griner 46th Distiict Lee Purdom 47th District W.A.Sutton 48th District C. M. McKenzie 49th District J. A. Sikes 50th District Preston Almand 51st District F. Quill Sammon

The Senators presented themselves at the Secretary's desk as their districts and names were called, where Mr. Justice Atkinson, of the Supreme Court of Georgia, administered the oath of office to them.

The Secretary announced that the next order of business was the election of a President of the Senate. Senator Purdom of the 46th District nominated Hon. John B. Spivey of the 16th Distr;ct. The nomination was seconded by Senator Atkinson of the 1st District. Senator Pope of the 7th District moved that the nominations be closed. Senator Lindsay of the 34th District moved to amend the motion of the Senator of the 7th District by providing that the Secretary be instructed to cast the unanimous vote for Senator Spivey. The motion prevailed, as amended, and the Secretary declared Senator Spivey elected by a unani-
mous vote of the Senate.

On motion of Senator Atkinson of the 1st District, the Secretary appointed as a committee to find and escort the

6

JOURNAL OF THE SENATE,

President to his desk the following: Senators Ennis of the 20th. District, Flynt of the 26th District, and Jackson of the 14th District. After being introduced to the body, the President addressed the Senate in appreciation of the distinguished honor conferred upon him.

Senator Lindsay of the 34th District at this time presented the President with a gavel from Local 134 National Firefighters Association.

Senator Ennis of the 20th District, on behalf of a group of friends of Louisville, Georgia, presented to the President a gavel made from material used in the construction of the first permanent Capitol of the State located at Louisville, Georgia.
The next order of business being the election of a Secre: tary of the Senate, Senator Atkinson of the 1st District nominated Mr. John W. Hammond. Senator Ennis of the 20th District seconded the nomination. Senator Pope of the 7th District nominated Mr. Herbert H. Wind and Senator Sutton of the 47th District seconded Mr. Wind's nomination. Senator Shannon of the 21st District announced the withdrawal of Mr. Jimmie Duggan from the Secretary's race. Senator Aultman of the 23rd District seconded the nomination of Mr. Wind. The roll was called.

Those voting for Mr. Hammond were Senators:

Allen Almand Atkinson Burgin Burrell
Ennis
Fowler Greer Hardman

Harrison Holmes .Jackson .Johnson .Jones McCutchen Millican Moye Patten

Peebles Peterson Sammon Shannon Terrell Thrasher Whitehead Williams

MoNDAY, JANUARY 11, 1937.

7

Those voting for Mr. Wind were Senators:

Atwood Aultman Brock Ohason Olements Flynt Forrester Griner

Hampton Harrell Home Kimbrough Knabb Lindsay McKenzie Neely

Phillips Pope Pruett Purdom Shedd Sikes Sutton Walker

Mr. Hammond received 26 votes, and Mr. Wind received 24 votes.

The President declared Mr. Hammond duly elected Secretary of the Senate.

A message from His Excellency, the Governor, was conveyed to the Senate by the Executive Secretary, Hon. Carlton Mobley.

Senator Lindsay of the 34th District made the point of order that the Senate was now in session for organization purposes only and that no matter, other than. that pertaining to organization of the Senate, was in order at this time. The President ruled that the message be delivered to him and be held pending further disposition, at the pleasure of the Senate.

On motion of Senator Atkinson of the 1st District, the President named as a committee to escort Mr. Hammond to the Secretary's desk the following: Senators Ennis of the 20th District, McCutchen of the 43rd District, and Atkinson of the 1st District. The Secretary addressed the Senate in words of grateful appreciation for the confidence and distinction shown him, pledging his wholehearted cooperation with each member of the body.

8

JouRNAL OF THE SENATE,

The next order of business was the election of a President Pro Tempore of the Senate. Senator Neely of the 36th
District nominated Senator J. H. Terrell of the 19th Dis-
trict. Senator Williams of the 5th District seconded the nomination of Senator Terrell. Senator Millican of the 35th District moved that the nominations be closed and that the Secretary be instructed to cast the unanimous vote of the Senate for the election of Senator Terrell as President Pro Tempore. The motion prevailed and the President announced that Senator Terrell had been duly elected President Pro Tempore and appointed as a committee of escort the following: Senators Williams of the 5th District, Lindsay of the 34th District, and Millican of the 35th District.
The Chair announced that the next order of business was the election of Doorkeeper. Senator Lindsay of the 34th District nominated Mr. A. P. Griffin of DeKalb County. Senator Moye of the 11th District seconded Mr. Griffin's nomination. Senator Brock of the 37th District nominated Mr. C. H. Huff of Carroll County and Senator Fowler of the 39th District seconded the nomination. The roll was called.

Those voting for Mr. Griffin were Senators:

Allen Almand Atkinson Atwood Aultman Burgin
Burrell Chason Clements Ennis Flynt Greer Hampton Hardman

Harrell Harrison Holmes Jackson Johnson Jones Knabb Lindsay McKenzie Millican Moye Patten Peebles Phillips

Pope Pruett Purdom Sammon Shannon Shedd Sikes
Sutton Thrasher Walker, Sr. Whitehead Williams

MoNDAY, JANUARY 11, 1937.

9

Those voting for Mr. Huff were Senators:

Brock Forrester Fowler Griner

Home Kimbrough McCutchen

Neely
Peterson Terrell

Mr. Griffin received 40 votes, and Mr. Huff received 10 votes.

The President declared Mr. Griffin duly elected Doorkeeper of the Senate.

The next business being the election of Messenger, Senator Lindsay of the 34th District nominated Mr. Mercer Harbin of DeKalb County. Senator Atkinson of the 1st District seconded the nomination of Mr. Harbin. Senator Holmes of the 22nd District nominated Mr. H. B. Bloodworth of Pike County. The roll was called.

Those voting for Mr. Harbin were Senators:

Allen Almand Atkinson Atwood Brock Burgin Ohasen Griner

Hampton Hardman :Jackson Lindsay McCutchen Moye Peebles Peterson

Phillips Pope Purdom Shedd Sutton Thrasher Whitehead

Those voting for Mr. Bloodworth were Senators:

Aultman Burrell Olements Ennis
Flynt
Forrester Fowler Greer Harrell

Harrison Holmes Home :Johnson :Jones Kimbrough Knabb McKenzie Millican

Neely Patten Pruett Sammon Shannon Sikes Terrell Walker, Sr. Williams

10

JouRNAL oF THE SENATE,

The roll call was verified.

Mr. Bloodworth received 27 votes, and Mr. Harbin received 23 votes.

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

The President presented to the Senate Rev. C. G. Earnest, Pastor of the Swainsboro Methodist Church, Mrs. John Spivey and Miss Katherine Spivey, wife and daughter of the President, respectively.

The following resolutions of the Senate were read and adopted:

By Senator Atkinson of the 1st District-
Senate Resolution No. 1. Be it resolved by the Senate that the Secretary be instructed to notify the House of Representatives that the Senate has convened and has organized by the election of Han. John B. Spivey of the 16th District as President and Han. John W. Hammond of the County of Bibb as Secretary, and is ready for the transaction of business.

By Senator Atkinson of the 1st District-
Senate Resolution No. 2. A resolution providing for a joint committee of five, two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, to notify the Governor that the General Assembly has convened, organized and is ready for the transaction of business.

Under the above resolution, the President appointed the following committee on the part of the Senate: Senators Peterson of the 15th District and Atwood of the 2nd District.

MoNDAY, JANUARY 11, 1937.

11

By Senator Atkinson of the 1st District-
Senate Resolution No. 3. A resolution providing for a joint session of the General Assembly to meet in the Hall of the House of Representatives on Tuesday, January 12th, 1937, at 10:30 o'clock, A. M., for the purpose of canvassing and publishing the election returns for Governor and other Constitutional officers, as provided by law.

By Senator Purdom of the 46th District-
Senate Resolution No. 4. A resolution providing for the appointment of a joint committee to arrange for the inauguration ceremonies for the Governor at 12:00 o'clock, noon, Tuesday, January 12th, 1937.
The President appointed as a committee on the part of the Senate the following: Senators Lindsay of the 34th District and Williams of the 5th District.

By Senator Atkinson of the .1st District-
Senate Resolution No. 5. Be it resolved by the Senate that the standing rules of the Senate, adopted for the session of 1935-1936 be and the same are hereby adopted for the sessions of 1937:..._1938, with the following changes:
That Rule No. 15 shall have included after the second sentence, following the words "shall have spoken" the following language: "After the first thirty days of the regular session all individual speeches on bills and resolutions shall be limited to 30 minutes unless extended by a majority of a quorum; and on all points of personal privilege shall be limited to 10 minutes".

12

JOURNAL OF THE SENATE,

That there shal~ be added to Rule No. 135 in its appropriate place among the list of committees the following: "Committee on Public Welfare".

That the following words be added to Rule No. 79: "Any irrelevant amendment or amendment obviously offered for the purpose of delay shall be ruled out of order by the President."

By Senator Millican of the 35th District-

Senate Resolution No. 6. A resolution designating special seats for certain members.

The drawing for seats was now held.
The President announced that he had made his appointments of the standing committees of the Senate for the sessions of 1937-1938, and asked unanimous consent of the Senate to make any changes in said committees at any time he saw fit to do so. The consent was granted.

The Secretary read the committees as listed below:

MoNDAY, jANUARY 11, 1937.

13

ACADEMY FOR THE BLIND

HoLMEs, Chairman KIMBROUGH, Vice-Chairman ATwooD, Secretary
Aultman Brock

Chason Greer Harrell Walker

AGRICULTURE

PuRDOM, Cl;tairman MovE, Vice-Chairman JOHNSON, Secretary
Burgin Clements Ennis Flynt Hampton Hardman Holmes Horne Jackson

Kimbrough Knabb Peebles Peterson Phillips Sammon Shedd Sikes Sutton Thrasher Whitehead

AMENDMENTS TO THE CONSTITUTION

PoPE, Chairman PRUETT, Vice-Chairman AuLTMAN, Secretary
Almand Atkinson Burgin Burrell Ennis Forrester Fowler Griner Harrison Horne Johnson

Kimbrough Lindsay McCutchen McKenzie Millican Neely Patten Peebles Peterson Phillips Purdom Sutton Terrell Williams

14

JouRNAL OF THE SENATE,

APPROPRIATIONS

FLYNT, Chairman PuRDOM, Vice-Chairman PHILLIPS, Secretary
Allen Almand Atwood Brock Burrell Chason Forrester Griner Holmes Jackson

Johnson Jones Kimbrough Lindsay Moye Peterson Pruett Shannon Terrell Walker Whitehead Williams

AUDITING

FoRRESTER, Chairman HARDMAN, Vice-Chairman KIMBROUGH, Secretary
Aultman

McCutchen Millican Neely Patten

Griner Johnson Knabb

Sutton Thrasher

BANKS AND BANKING

PETERSON, Chairman KNABB, Vice-Chairman SAMMON, Secretary
Atkinson Brock Burgin Burrell Clements Forrester Fowler Griner Hardman Horne

Jackson Kimbrough McCutchen McKenzie Millican Patten Peebles Phillips Pruett Purdom Sikes Thrasher

MoNDAY, JANUARY 11, 1937.

15

COMMERCE

PRuErr, Chairman MILLICAN, Vice-Chairman WHITEHEAD, Secretary
Almand Aultman Clements Fowler Hampton Harrell

Holmes Jones Knabb McKenzie Moye Peebles Thrasher Walker

CONGRESSIONAL AND LEGISLATIVE

REAPPORTIONMENT

MILLICAN> Chairman LINDSAY, Vice-Chairman

Johnson Kimbrough

McCuTcHEN, Secretary

McKenzie

Allen

Peterson

Almand Aultman

Pruett Sammon

Burrell

Shannon

Greer

Shedd

Griner

Walker

Holmes

Whitehead

CONSERVATION

SHEDD, Chairman

Knabb

CHASON, Vice-Chairman

McKenzie

PHILLIPS, Secretary Atkinson

Moye Neely

Aultman Burgin

Patten Peebles

Burrell

Pope

Ennis Flynt

Purdom Shannon

Forrester

Sutton

Greer Harrison

Terrell Thrasher

Holmes

Williams

Kimbrough

16

JouRNAL oF THE SENATE,

CORPORATIONS

HARRELL, Chairman HoRNE, Vice-Chairman PoPE, Secretary
Atkinson Atwood Aultman Clements Ennis Griner Hampton Harrison Holmes Johnson

Jones Knabb McKenzie Millican Neely Patten Peebles Peterson Phillips Sutton Terrell Thrasher

COUNTIES AND COUNTY MATIERS

JAcKSON, Chairman HoLMES, Vice-Chairman SHANNON, Secretary
Allen Atkinson Atwood Aultman Brock Burrell Chason Clements Forrester Fowler Greer Griner Hampton Hardman Johnson

Jones Kimbrough Knabb Lindsay McKenzie Millican Moye Neely Patten Peterson Pruett Sammon Sutton Terrell Thrasher Walker Whitehead

MoNDAY, JANUARY 11, 1937.

17

DRAINAGE

SIKES, Chairman SHEDD, Vice-Chairman FLYNT, Secretary
Allen Greer Hampton

Knabb Moye Shannon Thrasher Walker Williams

EDUCATION AND PUBLIC SCHOOLS

PATTEN, Chairman PEEBLES, Vice-Chairman MoYE, Secretary
Atkinson Aultman Burgin Burrell Chason Clements Ennis Flynt Forrester Fowler Greer Hampton Hardman Harrison Holmes

Horne Jackson Johnson Jones Kimbrough Knabb Lindsay McKenzie Peterson Phillips Pope Purdom Sammon Shedd Sikes Walker Whitehead Williams

ENGROSSING

ATKINSON, Chairman JACKSON, Vice-Chairman PATTEN, Secretary
Almand Harrison

Lindsay Peterson Phillips Thrasher

18

JouRNAL oF THE SENATE,

ENROLLMENT

TERRELL, Chairman

Forrester

McCuTCHEN, Vice-Chairman Fowler

NEELY, Secretary

Jackson

Aultman

Kimbrough

Brock

Purdom

FINANCE

ENNIS, Chairman

Knabb

FowLER, Vice-Chairman

McCutchen

NEELY, Secretary

McKenzie

Atkinson

Millican

Aultman

Patten

Burgin

Peebles

Clements

Pope

Hardman

Sammon

Harrison

Shedd

Horne

Sikes

Jackson

Sutton

Johnson

Thrasher

GAME AND FISH

AuLTMAN, Chairman

Knabb

THRASHER, Vice-Chairman

Lindsay

HARRISON, Secretary

McCutchen

Almand

McKenzie

Atkinson

Neely

Atwood

Patten

Brock

Peebles

Clements

Peterson

Ennis

Phillips

Flynt

Pope

Fowler

Pruett

Hampton

Purdom

Hardman

Shannon

Harrell

Shwd

Horne

Sikes

Jackson

Sutton

Johnson

Whitehead

Jones

Williams

MoNDAY, jANUARY 11, 1937.

19

GENERAL JUDICIARY NUMBER ONE

I

LINDSAY, Chairman

Harrison

ALLEN, Vice-Chairman

Jackson

McKENZIE, Secretary

Johnson

Atkinson

Pope

Aultman

Purdom

Burrell

GENERAL JUDICIARY NUMBER TWO

SHANNON, Chairman TERRELL, Vice-Chairman ALMAND, Secretary
Brock Ennis Harrell

Holmes Millican Neely Pruett Sutton

HALLS AND ROOMS

WALKER, Chairman SAMMON, Vice-Chairman HARRELL, Secretary
Allen

Chason Clements Hampton Sikes

HIGHWAYS AND PUBLIC ROADS

PHILLIPS, Chairman SunoN, Vice-Chairman FowLER, Secretary
Allen Atkinson Brock Burrell Clements Ennis Flynt Forrester Griner Hardman Harrison

Holmes Jackson Kimbrough Lindsay Moye Patten Peebles Pope Pruett Purdom Sammon Whitehead Williams

20

JouRNAL oF THE SENATE,

HISTORICAL RESEARCH

ATwooD, Chairman WALKER, Vice-Chairman WILLIAMS, Secretary
Allen Almand Aultman Forrester

Hampton Jones Moye Peebles Shedd Sikes Whitehead

HYGIENE AND SANITATION

CHASON, Chairman GREER, Vice Chairman BRocK, Secretary
Ennis Fowler Hampton

Hardman Harrison Peebles Phillips Purdom Sammon

INDUSTRIAL RELATIONS

HARDMAN, Chairman WHITEHEAD. Vice-Chairman KNABB, Secretary
Atkinson Atwood Brock Burgin Chason Ennis Flynt Fowler Greer Harrison Jackson

Johnson Lindsay McCutchen McKenzie Millican Moye Neely Peebles Pope Purdom Sammc:>n Shannon Terrell Williams

MoNDAY, JANUARY 11, 1937.

21

INSURANCE

SAMMON, Chairman NEELY, Vice-Chairman JACKSON, Secretary
Atkinson Chason Hardman Harrell

Harrison McCutchen Patten Purdom Shannon Shedd Sutton

INTERNAL IMPROVEMENTS

HAMPTON, Chairman PETERSoN, Vice-Chairman WALKER, Secretary
Atwood Aultman Clements

Fowler Horne Johnson Kimbrough Moye Sikes

JOURNALS

ALMAND, Chairman JoNEs, Vice-Chairman BuRGIN, Secretary
Atwood

Clements Greer Terrell Williams

MANUFACTURES

BuRGIN, Chairman GRINER, Vice-Chairman ENNIS, Secretary
Atkinson Atwood Burrell Flynt Greer Hardman Harrell

Horne Jones Knabb Millican Moye Neely Pope Terrell Thrasher
\

22

JOURNAL OF THE SENATE,

MILITARY AFFAIRS

W~ITEHEAD, Chairman

Lindsay

BuRGIN, Vice-Chairman

McCutchen

THRASHER, Secretary

Peebles

Ennis

Terrell

Harrison

MINES AND MINING

JONES, Chairman BuRRELL, Vice-Chairman PEEBLES, Secretary
Fowler Griner Hampton

Johnson McCutchen Pruett Shannon Whitehead

MOTOR VEHICLES

SuTTON, Chairman PATTEN, Vice-Chairman FoRRESTER, Secretary
Atkinson Burgin Clements Griner Hampton Horne Jackson

Jones McCutchen Millican Neely Phillips Pope Purdom Sammon Shedd Williams

MUNICIPAL GOVERNMENT

PEEBLES, Chairman FLYNT, Vice-Chairman PATTEN, Secretary
Allen Almand Atkinson Burgin Forrester Fowler Greer

Hardman Harrison Jackson Jones Lindsay McCutchen Millican Neely Pope Purdom

MoNDAY, jANUARY 11, 1937.

23

PENITENTIARY

PuRDOM, Chairman WILLIAMS, Vice-Chairman HAMPTON, Secretary
Allen Chason Ennis Forrester Harrison Holmes Horne Jackson Jones

Kimbrough Lindsay McCutchen Peebles Peterson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher

PENSIONS

KIMBROUGH, Chairman SHANNON, Vice-Chairman BuRRELL, Secretary
Atwood Burgin Flynt Forrester Greer Griner Hampton Hardman Harrell

Jones McCutchen McKenzie Moye Patten Peebles Phillips Pruett Sammon Shedd Whitehead Williams

PRIVILEGES AND ELECTIONS

McKENZIE, Chairman BRocK, Vice-Chairman JOHNSON, Secretary
Allen Almand
Burrell Forrester

Griner Hampton Harrell Moye
Shedd
Sikes
Walker

24

JouRNAL OF THE SENATE,

PUBLIC LIBRARY

JoHNSoN, Chairman SIKES, Vice-Chairman HARDMAN, Secretary
Atwood Fowler Harrison

Lindsay Millican Patten Sammon Whitehead Williams

PUBLIC PRINTING

WILLIAMS, Chairman FORRESTER, Vice-Chairman HoLMES, Secretary
Allen Harrison Horne

Patten Phillips Pruett Thrasher Walker Whitehead

PUBLIC PROPERTY

HoRNE, Chairman HARRELL, Vice-Chairman SIKES, Secretary
Almand Aultman Clements Ennis Flynt Forrester Griner

Holmes Johnson Kimbrough Knabb Moye Peterson Shannon Shedd Terrell Thrasher

PUBLIC UTILITIES

FowLER, Chairman PoPE, Vice-Chairman PATTEN, Secretary
Almand

Atkinson Burgin Chason Ennis

MoNDAY, JANUARY 11, 1937.

25

Forrester Hardman Jackson Kimbrough Millican Neeley

Peterson Phillips Pruett Purdom Sutton Williams

PUBLIC WELFARE

HARRISON, Chairman

Millican

PoPE, Vice-Chairman

Neely

PRUETI, Secretary

Patten

Chason

Phillips

Fowler

Purdom

Hardman

Sutton

Jackson Lindsay

Williams

RULES

SPIVEY, Chairman ATKINSON, Vice-Chairman

Lindsay Millican

JAcKSON, Secretary

Neely

Burgin

Patten

Burrell

Phillips

Ennis

Pope

Flynt

Purdom

Fowler Har~ison

Shannon Sutton

Johnson Kimbrough

Terrell Whitehead

SPECIAL JUDICIARY

ALLEN, Chairman AuLTMAN, Vice-Chairman ATKINSON, Secretary
Almand Harrell
Jackson Lindsay McCutchen

McKenzie Neely Pope Pruett Purdom Shannon Terrell

26

JouRNAL oF THE SENATE,

SCHOOL FOR THE DEAF

GREER, Chairman MoYE, Vice-Chairman LINDSAY, Secretary
Brock Johnson

McKenzie Millican Patten Sammon Walker

STATE OF THE REPUBLIC

GRINER. Chairman PHILLIPS, Vice-Chairman CLEMENTS, Secretary
Atkinson Burgin Fowler Jackson

McCutchen Neely Patten Peebles Pope Purdom Shedd

STATE SANITARIUM

KNABB, Chairman ENNIS, Vice-Chairman TERRELL, Secretary
Atwood Brock Chason Clements Greer Holmes

Horne Jones McCutchen Pope Pruett Shannon Shedd Thrasher Whitehead

TEMPERANCE

NEELY, Chairman ATKINSON, Vice-Chairman PuRDOM, Secretary
Almand Aultman Brock Burgin Ennis Flynt

Fowler Hampton Horne Lindsay Phillips Pope Sammon Shedd Thrasher

MoNDAY, jANUARY 11, 1937.

27

TRAINING SCHOOLS

MovE, Chairman HAMPTON, Vice-Chairman GREER, Secretary
Atwood Ennis Flynt Fowler

Harrell Lindsay Millican Peebles Peterson Shedd

TUBERCULOSIS SANITARIUM AT ALTO

BuRRELL, Chairman ALLEN, Vice-Chairman CHASON, Secretary
Brock Greer Griner Hampton

Kimbrough Knabb Peterson Sammon Shedd Sikes Walker

UNIFORM LAWS

BRocK, Chairman McKENZIE, Vice-Chairman PETERSON, Secretary
Allen Almand Aultman Burrell Chason Greer Harrell Jones

Kimbrough Knabb McCutchen Millican Moye Neely Pope Pruett Sammon Shannon Terrell

UNIVERSITY SYSTEM OF GEORGIA

McCuTCHEN, Chairm~n ALMAND, Vice-Chairman MILLICAN, Secretary

Atwood Brock Burgin

Allen Atkinson

Chason Ennis

28

JouRNAL oF THE SENATE,

Flynt Forrester Hardman Holmes Jackson Johnson Lindsay Neely

Pruett Purdom Sutton Thrasher Walker Whitehead Williams

WESTERN & ATLANTIC RAILROAD

THRASHER, Chairman HARRISON, Vice-Chairman HoRNE, Secretary
Atkinson Atwood Aultman Brock Burgin Chason Clements Ennis Flynt Forrester Fowler Greer

Griner Harrell Jackson Johnson Lindsay Millican Neely Peterson Pope Pruett Purdom Shannon Sikes Whitehead Williams

MoNDAY, JANUARY 11, 1937.

29

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

Mr. President:
I am instructed by the House to inform the Senate that the House is organized with the election of Hon. Roy V. Harris of Richmond, as Speaker and Hon. Andrew J. Kingery of Emanuel, as Clerk.
The House has adopted the following resolution of the House:
By Mr. Sutton of Wilkes-
House Resolution No. 2. A resolution that a committee of five, two from the Senate and three from the House, be appointed to notify the Governor that the General Assembly has convened, organized, and is ready for the transaction of business.

The House has adopted the following resolutions of the Senate:

By Senator Atkinson of the 1st District-
Senate Resolution No. 3. A resolution providing for. a joint session of the General Assembly on January 12 for the purpose of canvassing the election returns.

By Senator Purdom of the 46th District-
Senate Resolution No. 4. A resolution providing for the appointment of a joint committee to arrange for the inauguration ceremonies of the Governor.

30

JouRNAL oF THE SENATE,

The Speaker has appointed as a committee on the part of the House the following members of the House:

Messrs. Miller of Lanier,

Lanier of Richmond,

Gross of Stephens.

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

The President declared the Senate adjourned until 10:00 o'clock tomorrow morning.

TUESDAY, JANUARY 12, 1937.

31

SENATE CHAMBER, ATLANTA, GA., TUESDAY, JANUARY 12, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
The President presented to the Senate Rev. B. F. Fraser of College Park, Ga., and announced that he was to be the Chaplain of the Senate.

Prayer was offered by the Chaplain.

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

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements EnniS Flynt Forrester Fowler Greer Griner Hampton

Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Neely Patten

Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker, Sr. Whitehead Will.iams Mr. President

Senator Terrell of the 19th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

32

J OU~NAL OF THE SENATE,

Senator Fowler of the 39th 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 resolutions were read and adopted:

By Senator Pope of the 7th District-

Resolved, that the beautiful and charming wives of all members of the Senate shall be extended the privilege of the floor whenever visiting Atlanta during this session of the General Assembly.

By Senators Williams of the 5th District and Purdom of the 46th District-

Whereas, the Honorable W. K. Sutlive, a distinguished citizen of Blackshear, Pierce County, Georgia, and President of the Georgia Press Association, is in the city; and

Whereas, he being a loyal Democrat and a Delegate to the National Democratic Convention from Georgia.

Therifore be it resolved, that he be extended the privileges of this floor during his stay in the city.

The following communication was received from the Secretary of State, Hon. John B. Wilson:

January 12, 1937. To the General Assembly of Georgia:

I herewith transmit to you the election returns for Governor, Secretary of State, Attorney General, Treasurer and

TUESDAY, jANUARY 12, 1937.

33

Comptroller-General of the State of Georgia in the general election held November 3, 1936.

Respectfully yours,

joHN B. WILSON,

Secretary of State.

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

By Mr. Sutton of Wilkes-
House Resolution No. 7. A resolution that a committeeof eight be appointed, three on the part of the Senate and five on the part of the House, to escort the Governor, Governor-elect and their official parties to the place of inauguration.
The Speaker has appointed as a committee on the part of the House, the following members of the House:
Messrs. Swindle of Berrien, Bradley of Tattnall, Lanier of Richmond, Chappell of Sumter,
Freeman of Bibb.

34

JouRNAL oF THE SENATE,

By Mr. Sutton of Wilkes-

House Resolution No. 8. A resolution that after the conclusion of the inauguration ceremonies, the House of Representatives will stand adjourned until Wednesday, January 13, 1937.

The following resolutions of the House were read and adopted:

By Mr. Sutton of Wilkes-

House Resolution No. 7. A resolution providing that a committee of eight be appointed, three on the part of the Senate and five on the part of the House, to escort the Governor, Governor-elect and their official parties to the place of inauguration.

By Mr. Sutton of Wilkes-

House Resolution No. 8. A resolution providing that af~er the conclusion of the inauguration ceremonies, the House of Representatives will stand adjourned until Wednesday, January 13, 1937.

The President appointed as a committee, on the part of the Senate, under House Resolution No. 7, the following: Senators Patten of the 6th District, Burgin of the 24th District and Purdom of the 46th District.

Senator Lindsay of the 34th District moved that the Senate stand adjourned after the conclusion of the inauguration period. The motion prevailed.

The following resolution of the Senate was read and adopted: By Senators Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Terrell of the 19th District:

TUESDAY, JANUARY 12, 1937.

35

Senate Resolution No. 7. A resolution limiting the number of attaches for the session of 1937-1938.

The hour of convening the joint session of the Senate and House having arrived the President of the Senate, accompanied by the Secretary and Senators, proceeded to the hall of the House of Representatives and the joint session, called for the purpose of counting and consolidating the vote of the General Election of November 3, 1936, and declaring the results thereof for Governor and other State House officers, was called to order by the President of the Senate.

The joint resolution authorizing the session of the Senate and House was read by the Secretary of the Senate.

Mr. Sutton of Wilkes moved that the President appoint a committee of five tellers to canvass the returns from the last General Election and to report back to the joint session. The motion prevailed and the President appointed the following:

Messrs. Bennett of Ware, Flanders of Emanuel, Chappell of Sumter.

Senators Atkinson of the 1st District, Pope of the 7th District.

The tellers submitted the following report:

To the General Assembly of Georgia in Joint Session:

We, your tellers, appointed to canvass the vote for Governor, and State House officers, as required by the Constitution, beg leave to submit the following report:

36

JouRNAL oF THE SENATE,

For Governor, E. D. Rivers, 262,829 votes. For Governor, L. P. Glass, 1,131 votes. Secretary of State, John B. Wilson, 263,950 votes. Comptroller-General, Wm. B. Harrison, 263,950 votes. Treasurer, Geo. B. Hamilton, 263,950 votes. Attorney General, M. J. Yeomans, 263,950 votes.

Respectfully submitted,

On the part of the Senate: PoPE of the 7th District, ATKINSON of the 1st District.

On the part of the House: FLANDERS of Emanuel, CHAPPELL of Sumter, BENNETT, Jr., of Ware.

Mr. Sutton of Wilkes moved that the report of the tellers be adopted, the motion prevailed, and the report was adopted.

Mr. Sutton of Wilkes moved that the joint session of the 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 message was received from the House through Mr. Kingery, the Clerk thereof:

TUESDAY, jANUARY 12, 1937.

37

Mr. President:
The House has adopted the following resolution of the House, to-wit:
By Mr. Sutton of Wilkes-
House Resolution No. 9. A resolution to provide for a joint session to inaugurate the Governor.
The following resolution of the House was adopted by the Senate:
By Mr. Sutton of Wilkes-
House Resolution No. 9. A resolution providing for a joint session of the House and Senate to meet in the Hall of the House of Representatives at 11:30 o'clock, A. M., January 12th, for the purpose of inaugurating the Governor.
Senator Atkinson of the 1st District asked unanimous consent that the Senate take a recess subject to the call of the Chair. The consent was granted.
The Senate was called to order at 11:30 o'clock, and proceeded to the Hall of the House of Representatives. The joint session was called to order by the President.
The joint resolution authorizing the session of the Senate and House was read by the Secretary of the Senate.
The Committee on Arrangements for the inauguration made the following report:
We, the joint Committee on Arrangements for the inauguration, beg leave to report that the following program has been adopted as the official program of the General Assembly in the inauguration ceremony:
(Signed) LINDSAY of the 34th District, MILLICAN of the 35th District, LANIER of Richmond, GRoss of Stephens, . MILLER of Lanier. ..

38

JOURNAL OF THE SENATE,

OFFICIAL PROGRAM INAUGURATION OF GOVERNOR-ELECT E. D. RIVERS, JANUARY 12th, 1937.
ELEVEN O'CLOCK, A. M.

11:00 A. M.

Official Escort leaves Capitol to escort Governor Eugene Talmadge and Governor-
elect E. D. Rivers and visiting Governors
to Capitol.

11:00 A. M.

State Officials and distinguished guests begin arriving at the Capitol and occupy seats reserved for them on Inaugural Platform.

11:50 A. M. President John B. Spivey calls to order joint session of House and Senate to Inaugurate new Chief Executive.

12:00 M.

Governor and Mrs. Eugene Talmadge and Governor-elect and Mrs. E. D. Rivers, accompanied by their families and Official Escort, arrive at Capitol and are joined in the rotunda by Cabinet Officers and the Justices of the Supreme Court of Georgia; the entire party proceed to the Inaugural Platform.

INAUGURAL CEREMONIES AT THE CAPITOL

John B. Spivey, Presiding

12:00 M.

Invocation, Rev. John W. Harrell. Administration of the Oath of Office to Governor-elect E. D. Rivers by the Chief Justice of the Supreme Court of Georgia, Richard B. Russell, Sr.
Music, "National Anthem."

TuESDAY, jANUARY 12, 1937.

39

Delivery of Great Seal of State to Governor Talmadge by Secretary of State Honorable John B. Wilson.
Delivery of Great Seal of State by Governor Talmadge to Governor-elect E. D. Rivers.
Music, "Hail to the Chief."
Inaugural Address by Governor E. D. Rivers.

12:50 P.M.

Governor Rivers administers oath of office to Attorney General Yeomans, Secretary of State Wilson, Comptroller-General Harrison, and State Treasurer Hamilton.

1:00 P.M.

Governor Rivers, and members of his family, accompanied by the Official Escort, the Justices of the Supreme Court and other officials and guests proceed in their automobiles and assume their places on the reviewing stand.

1:15 to

Review of Inaugural Parade by Governor

2:30P.M. Rivers.

4:00 to

Open House at the Executive Mansion.

6:00P.M.

9:00 to 1:00A. M.

Inaugural Ball in the Shrine Mosque, Governor and Mrs. Rivers leading the Grand March, participated in by Governor Rivers' Staff.

40

jOURNAL OF THE SENATE,

INAUGURAL COMMITTEES ARRANGEMENT

J. E. Stoddard, Chairman

Andrew A. Smith Fonville McWhorter A. L. Belle Isle

Walter Hendrick Col. Thos. L. Alexander W. G. Hastings

FINANCE

W. V. Crowley, Chairman

Wiley L. Moore

A. L. Belle Isle

INAUGURAL AND REVIEWING STAND

Frank Wilson

M. A. Hilderbrand

Geo. F. Eubanks John Edmondson W. C. Hill

SEATING
F. C. Becker Steve Styron J. A. Ragsdale

PARADE Col. Thos. L. Alexander, Marshal

DECORATIONS

Virgil Shepard, Chairman

Dade Kelley Mrs. W. F. Melton

A. B. Cates Mrs. Sara A. Mosteller

TRAFFIC

Chief M. A. Hornsby

Fred Wilson

PUBLICITY

W. G. Hastings, Chairman

John Paschall Herbert Porter

Cicero Kendrick Clark Howell

TUESDAY, JANUARY 12, 1937.

41

The members of the Senate and the House of Representatives, in joint session assembled, repaired to the front entrance of the State Capitol and awaited the inauguration.

Governor Eugene Talmadge and Governor-elect E. D. Rivers, escorted by the joint committee of the Senate and the House on inaugural ceremonies, accompanied by State House officers and distinguished guests, proceeded to the Inaugural Platform.

The Rev. Jo~n W. Harrell offered the invocation.

The oath of office was administered to Governor-elect E. D. Rivers by Mr. Chief Justice Richard B. Russell, Sr., of the Supreme Court of Georgia.

The Savannah High School Band played the "National Anthem."

The Secretary of State, Hon. John B. Wilson, delivered the Great Seal of State to Governor Talmadge.
Governor Talmadge delivered the Great Seal of State to Governor-elect E. D. Rivers.
The Great Seal of State was returned to the custody of the Secretary of State, Hon. John B. Wilson, by His Excellency, Governor E. D. Rivers.
The Governor then delivered his inaugural address.

The address is as follows, to-wit:

OF MR. PRESIDENT, MEMBERS

THE GENERAL AssEMBLY,

FRIENDS:

The Constitution of Georgia, which I have just sworn to preserve, protect and defend, says in its first paragraph that:

42

JouRNAL OF THE SENATE,

"All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and, at all times, amenable to them."

To this principle of government I wholeheartedly SUBSCRIBE: I shall respect it during my term of office, and I shall insist that every other official of the administration administer the state's affairs in keeping both with its spirit and letter. I am the servant of the people and I expect every official of the state government to assume this attitude in the performance of his duties. What the people have willed to be done during my administration we will do.

The Democratic Party nominated me and the people of Georgia elected me Governor. I am grateful that I am permitted to be the standard bearer of the Democratic Party for the people of Georgia.

I tender from the Democrats of Georgia to President Franklin D. Roosevelt, the national leader of our Party, our supreme love and loyalty. He, a part-time Georgian amongst us, went forth to render for our Party the very wonderful service he has performed as President of the United States during the past four years. Happy indeed are we, because of his overwhelming victory last November, and that, under his benign and forceful leadership, we are to see the American people advance to greater levels of prosperity and happiness than they have ever known.

My every effort shall be that my administration be regarded by the leaders of the Democratic Party throughout the nation as the most loyal amongst its loyal state administrations. To this end, I solemnly pledge to the National Democratic administration' an unqualified support of its far-flung humanitarian program.

TuESDAY, JANUARY 12, 1937.

43

No state can exist by itself. Each should cooperate with its sister states. Georgia will assume this attitude during my administration. I s,hall vie with the Governors oi our neighboring states in seeing who can best work and best agree in developing the Southeastern section of our nation.

LAW ENFORCEMENT AND PARDONS
As the chief executive of the state, I am charged with the enforcement of law in Georgia. How to restore respect for law, and how best with dispatch to return to Constitutional Government are grave problems facing this administration. These problems will be faced squarely and I will instanter move with certainty to their solution.

Most of the Judges who preside over the courts of Georgia I know personally. I have confidence in their integrity as men, and in their ability as Judges. The same is true of the law enforcement and Peace officers of the state. The full force of my administration will be behind these law enforcement officials. I shall respect the verdicts of juries and the sentences of courts. I shall furnish whatever assistance may be necessary to authorities charged with law enforcement, in the apprehension of criminals, and in helping to make sure their removal as hazards to society. Georgia must not be a dumping ground for gangsters and criminals. Georgia must be respected for the observance by its people of their laws, and for the swift punishment meted out to criminals.

I shall not use the pardoning pqwer vested in me, as Governor, to protect those who murder, ravish or rob the inhabitants of this state and seek to escape the just punishment meted out to them for their criminal acts. Proven criminals will not be promiscuously turned loose upon Georgia to again endanger the lives and property of our lawabiding citizens. The abuse, by the Governor, of the pardoning power lends encouragement to those who commit

44

JOURNAL OF THE SENATE,

crimes. There shall not be a pardon racket during my administration in Georgia. I realize that the hope of a pardon should not finally be removed as an incentive for the reconstruction of the lives of those who have been overtaken in crime. The pardoning power should always be exercised to right wrongs when there has been a miscarriage of justice. But the use of the pardoning power beyond this soon amounts to abuse. Against this I shall protect the people of Georgia while Governor.

LEGISLATIVE PROGRAM
I have worked for approximately nine hours each day during November and December, beginning at nine o'clock in the morning until six o'clock in the evening, with the members of the General Assembly, in shaping the procedure to carry out the Democratic platform of this state. I wish to thank the members of the General Assembly for meeting with me at their own expense, and I wish to commend to the people of Georgia these members of the General Assembly who have labored in these legislative conferences, in advance of their session. Our program is the platform of the Democratic Party of Georgia written at our State Convention in Macon, October 7, 1936. It is the program of every Democrat in Georgia loyal to his party.
I am convinced that the sessions of the Assembly will be harmonious and that the Legislative branch of the state government will rapidly enact into law these things which the people of Georgia deserve, demand and need.
An inaugural address is hardly the place to go into the detail of the recommendations of the Governor to the General Assembly on matters of legislation. But, I shall, with the permission of the General Assembly, appear before them from time to time during the coming sessions and present the details of my recommendations to them in fully carrying out the platform of the Democratic Party of Georgia.

TuESDAY, jANUARY 12, 1937.

45

HUMAN RIGHTS
Human beings are worth more to Georgia than money. Human rights come before property rights. I cannot forget the circumstances which forced the emigration of our forefathers to this country. All my life I have been for the under dog. Reared in poverty, I have felt the heavy hand of want at the throat of every effort I have made from my earliest recollection. I am eternally aligned with those who are, and have been, similarly situated.

The security of the average Georgia citizen and his family is a matter of first importance to the state. We cannot maintain a healthy economy, as a state, unless at the same time we maintain an adequate standard of living in the lower income groups who constitute ninety per cent of our people. We must build up the purchasing power of the people of Georgia. To build up the income of the farmers and wage-earners of Georgia, and make that increased income as secure as possible, is our job. The problem of whether or not people eat, outranks every other question, until it is solved. To do this, there must be adequate prOvision for our aged needy through Old Age Pensions; we must have the proper incentive for homeowners; adequate provisions must be made for the education of our youth; we must have a comprehensive program for the health of our people, for the blind, the crippled and dependent children; our unfortunates of all kinds must have the necessary care and support.

ECONOMIC REHABILITATION
The problem of economic security for our people is doubly difficult in the South. The Federal Government reconstructed the South politically by for ceduring, and following, the War between the States. In accomplishing this reconstruction by force, they wrought our economic destruction. Having disregarded our states' rights in that destruction, the Federal Government owes Georgia, and the South, the

46

JouRNAL oF THE SENATE,

obligation of economic reconstruction. Never was that obligation recognized until Franklin D. Roosevelt was elected President of the United States. He has done more to right the wrongs done to the people of Georgia and the South than all the administrations from that day to this. I expect to cooperate with President Roosevelt and the National Administration in the economic rebuilding of Georgia, as well as in every other part of his great program for helping humanity.

OLD AGE PENSIONS
The poor house method of caring for our dependent aged must go, as must the potters' fields. We must provide for our old people with adequate, dignified subsistence during their declining years. In 1850 only one person in every 35 was over 65. Today one person out of every 14 is past 65. Medical science has prolonged the life of old people. No longer is ripe old age a blessing bestowed only upon persons with wrought-iron constitutions. Even in boom times, less than half of our elderly persons can find employment, and very few of that half can find employment at manual labor, The advent of the machine and the large increase in our population have served to make the solution of this problem more difficult. The only satisfactory answer to it is Old Age Pensions.

HOME OWNERSHIP
On every hand we see the threat of communism and other forms of radicalism seeking to destroy our Government by force. I am informed that you can go to a communist meeting any night in the week in Atlanta. We have witnessed a notorious case of communism that has focused the attention of the country on Georgia in the prosecution of Angelo Herndon. We must strengthen our anti-sedition laws and put the full force of the Government b~hind the suppression of these activities to overthrow our Government by force, but at the same time that we are suppressing

TuESDAY, jANUARY 12, 1937.

47

this activity, we must change forever the conditions that furnish fertile soil for the growth of dangerous radicalism. Give us a state of homeowners. Then communism and radicalism cannot gain the slightest foothold.

The answer to many of the economic, social, moral and governmental ills is to make Georgia a state of owneroccupied homes. The home is the unit of society and of Government. The American trend of Christian education and progressive statesmanship is toward the re-establishment of the home, for all have come to realize that the support of our Government and churches, indeed all our civic enterprises, hinges upon the ownership by people of the little plots of ground upon which they build their homes. We must make Georgians homeowners.

Dr. George W. Truitt, President of the World Baptist Alliance, speaking in Atlanta during our 1935 Assembly, had for his theme the reestablishment of the American Home. 'The Wesleyan Christian Advocate in its columns during November and December, 1934, had articles urging the General Assembly of Georgia to exempt from taxes, homes valued at $5,000.00; recognizing that only by re- establishment of homes can our churches be maintained. The Federal Government is helping in this behalf through the Home Owners Loan Corporation, the Federal Land Bank and Land Bank Commissioner, the Federal Housing Administration, and other agencies.

The states are catching step. Florida has a $5,000.00 home exemption law and other states provide for home exemptions in various amounts. Nowhere have such exemptions produced disruption in municipal, county or school affairs as a result of this effort to reestablish the American home. Certainly we want to make Georgians home0wners. It is not right for us to have large untenanted tracts of land in the hands of a few people while many of our people are weighted down with tenancy and misery.

48

JOURNAL OF THE SENATE,

A home exemption law provides inducement to large land owners to cut up their holdings and sell them to small homeowners and, at the same time, it will be an incentive to the young, when they marry, to buy a plot of land and build their own humble home, where they can rear their children without the fear of its ever being sold at the court-house door by the tax-gatherer; where the children can make periodical pilgrimages to worship at the shrine of their mother's knee until her death.

The rank and file of the people of Georgia are poor. We propose to put the state government on the side of the poor and unfortunate of Georgia. We exempt a certain amount of a rich man's income from income tax. Why should we not exempt the home and household furniture of the poor. We have set a precedent in Georgia for such exemptions when we exempt property owned by churches, educational institutions and fraternal and civic organizations. We exempt these properties on the theory that they are rendering a service to society and that they are non-profit making. By this same yardstick the home and household furniture of the poor should be exempted. Certainly the homes of Georgia are non-profit making certainly they render a service to society far beyond that rendered by any other organized unit in our midst. Without the home we would need neither the church, the school nor the fraternity. We must take them out of the profit-making non-society-serving class and put them in the exempt class where they rightfully belong.

Thousands of our people in this generation will never be able to own a home. The only thing that represents home to them and their children is the household and kitchen furniture they move about from tenant house to tenant house. When we exempt homes, we should also exempt the bedstead, the dresser, the cookstove and the pots, pans and kettles of those of our people who cannot own a home.

TuESDAY, JANUARY 12, 1937.

49

HELPING THE CITIES AND COUNTIES
The policy of my administration is going to be to help in every way to lift the local tax burden, that bears so heavily upon the people and still fails to raise sufficient revenue to carry on the necessary governmental activities, deserved and demanded by the people.

We propose for the state to take over some of those functions of government which should be properly borne by the state and have the state participate in those burdens which it is impractical at this time for it to take over entirely. By this participation in taking over local burdens I mean we must provide a minimum school term of seven months, paid for by the state; furnish free school books through high schools, paid for by the state; furnish more adequate health service for the people, paid for by the state; and a wider participation in the maintenance and construction of all-weather rural roads and procuring of such federal aid as we may be able to secure for those which are post roads.

RURAL REHABILITATION
The rural sections of Georgia should not be further neglected. Of necessity, we must afford our rural people with conveniences of public utilities, roads and schools.

You may talk about back to the farm all you please, but we must make the farm attractive for people to live on, then there will be no difficulty about it.

We propose to cooperate with the federal government in the rural electrification program, so that those in our rural sections may have the advantage of these modern conveniences, as an added inducement to own, improve and occupy rural homes.

50

JOURNAL OF THE SENATE,

We propose special attention to the rural routes of our state. Our citizens living in rural sections have been paying a high gasoline tax all these ye~rs without receiving a corresponding ~nefit. These rural routes are school bus routes and far):ll-to-market roads, over which our children are transported to and from schools and our farmers carry
on their business intercourse with the villages, towns and cities-of our state.

We propose that there shall be created a state system of rural route roads directly under the highway department of the state, and that the state govern,ment shall furnish funds to assist the counties in the maintenance and construction of these rural routes. These rural routes, being U. S. post roads over which the United States goverl)ment carries its mail, should of right have federal aid. We hope that we may be able to induce the federal government to cooperate with us in the maintenance and construction of the rural route system we have in mind for the benefit of the people who live in the country districts of our state. The details of this plan will be presented to the General Assembly in my message to them. Coming from a rural community, I know the problems of the rural sections and my administration is dedicated to help improve the conditions of our people in the rural sections in health, education, electrification and highways.

PUBLIC HEALTH
Ninety per cent of crime is caused by ignorance, poverty or disease. If we do not spend an adequate amount on health and education we will be obliged to spend an even greater amount on penal, charitable and eleemosynary institutions.
A public health survey of the public schools of this state, made recently, shows that more than ten thousand school children are suffering from tuberculosis, that thirty per cent

TUESDAY, jANUARY 12, 1937.

51

in schools were una,ble to pass their grades by reason of physical infirmities or disease, such as bad eyesight, adenoids, tonsils, hookworm, malaria and the like. We lose the value of nearly five million dollars of school funds ea,ch year by reason of this conditiqn, yet give our health department only a hundred ~housand dollars.

My administration shall go hand in hand with the medical profession of this state and the federal government on ~ e~panded program of public health for the people of Geor-
gta.

LABOR LAWS
Those who labor in ind~stry are entitled to adequate safeguards against the hazards to life and health inherent in modern methods of production. One way to care for this is through workmen's compensation. Georgia has a system of workm~n's compensation, but a frank appraisal of the existing act discloses its inadequacy, both as to scope and substantive benefits. For instance, our workmen's compensation laws compensate only for accidental disability and death. There has recently developed a keen realization throughout the country that occupational diseases should be accorded the same benefits given for accidental disability.

The present compensat~on law is applicable to private employment of ten or more workers. Twenty states have adopted a broad coverage and include all enterprises hav. ing one or more employees. Our law is compulsory as to municipal corporations and political subdivisions of the state and it seems to me that the time has come that similar protection should be afforded employees of the state.

No one who is employed can feel secure while so many of his fellow men seek work. I want my administration to cooperate with the federal government in its unemployment

52

JouRNAL oF THE SENATE,

insurance, lack of which has long prevented many industrial states from making unemployment insurance laws because of the fear of interstate competition with states not havi.ng such laws.
Industry sets aside a fund for the deterioration of its machinery and for machinery maintenance during periods of idleness. Why should it not set aside a definite sum for the deterioration of the human machines that work for it, as old age approaches, and why should it not provide a fund for the maintenance of these human machines during periods of idleness.

A matter of vital importance to labor is the establishment of a good and sound Labor Department. While the provisions for a Labor Department originally made in our state were probably adequate for that period, the state has now outgrown them. Recent National Legislation, together with the legislation now in passage through Congress makes the need for a well-rounded, cO-ordinated Department of Labor fundamental.

The National Social Security Act and the Reemployment activities of the Federal government cannot be fully translated into benefits to the people of Georgia without the reorganization of our present Labor Department and laws.

ELEEMOSYNARY
Every eleemosynary institution of the state is crowded beyond capacity, in need of repairs and stands as a chal- . lenge to the humanitarian purposes of Georgia's people. This challenge will be met wholeheartedly and fully. We must not permit our tubercular people to languish and die for lack of facilities at Alto. We must not confine our insane in firetraps and in jails. We must not permit unfortunate children to remain on waiting lists because of lack of facilities at Gracewood.

TUESDAY, JANUARY 12, 1937.

53

Our school for the deaf, our girls' and boys' training schools, our academy for the blind, and all of our other eleemosynary institutions must be adequately supported and properly expanded.

TAXES
We have been commissioned by the people of Georgia to do all of these things and they will require an increase in the income of the State government.

The only way to secure income for the state is by taxation. We cannot further burden real estate, indeed we must lighten that burden. I am sure that a system that will raise the revenue necessary to do the job without working a serious hardship upon the taxpayers of Georgia will be enacted by the General Assembly. I expect to join them in this responsibility. Much of the additional revenue raised will go to replace local taxes lost through home exemptions, household and kitchen furniture exemptions, increased appropriations for the schools, roads and Heal,th Departments transferred to the state.

Some of the additional taxes will go for new acttvttles, such as old age pensions, aid for dependent children and other features to match the federal social security funds.

For nearly every dollar of additional state tax levied, there will either be a corresponding amount taken off of local tax levies, or a greater amount in federal money coming in through matching.

I believe in economy in government and shall insist that

every dollar of tax money spent shall bring a dollar's worth

of return. But I do not believe in parsimony in govern-

ment at the expense of necessary governmental services and

aid to the people.



54

JouRNAL oF THE SENATE,

PROFESSIONAL LOBBYING
Paragraph 5 of Section 2 of Article 1 of our Constitution that I have just sworn to preserve, protect and defend, declares lobbying to be a crime.
The business industries of the State of Georgia are for the most part favorable to the progressive growth of the State of Georgia. The people who have this kind of attitude toward the incoming administration need have no fears. The business interests of the state, who want to keep step with the progress of the state, will have no need of a lobbyist around the State Capitol. Their interests will not be in jeopardy. They can, with safety, depend upon their duly elected representatives and state officials, to protect and preserve their rights. But if there be those who, through innate selfishness, are not willing to participate in helping Georgia, they too will be obliged likewise to depend upon their duly elected representatives and state officials.

The poor people of Georgia cannot maintain a lobbyist; the homeowners cannot maintain lobbyists at the capitol; the blind, the crippled, the mothers, the insane, the tubercular, the feeble-minded, the school children cannot maintain them, and since THEY cannot, by the Eternal Gods those who seek to avoid paying their just share of the costs of good government shall not maintain them.

Private Corporations are given their existence by the state and hold their charters at the sufferance of the state. There is no reason in equity or logic why they should insist on dictating to the state what benefits and governmental services it shall give to the individual citizens of the state. Themselves being beneficiaries by special franchise, should
they not be willing, and if not willing, should they not be forced to be content to run their own affairs and not interfere with the state, through whose sufferance they exist.

TuESDAY, jANUARY 12, 1937.

55

UNITY
Every citizen of this state is a Georgian whether he lives in the remotest rural section or the most congested urban center. There shall not be, during my administration, any array of the rural sections of Georgia against the urban centers of this state. There shall be a united front of all Georgia's progressive people behind the clarion call for the democratic program of this great state in providing for the humanitarian needs of our people.

NATURAL RESOURCES
Human beings are our first and finest resource; our program is therefore inherently humanitarian. Yet Georgia is rich in natural resources that must be conserved and developed. Industry must be attracted here to utilize o~r raw materials at their source. The Federal Government through the Soil Erosion, CCC Camps, Natural Resources, and other agencies, has a broad program along this line. In a special message to the General Assembly, I will submit my detailed recommendations for Georgia's cooperation and full utilization of these federal benefits.

EXECUTIVE CABINET
The Governor is not the entire Government of Georgia. The people have elected certain officials who, with the Governor, constitute the Executive Branch of the State Government. It was intended that they cooperate with the Governor and that the Governor cooperate with them in the administration of the Executive Department. I expect to observe this intent of the farmers of our Constitution by organizing those officials who, with me, constitute the Executive Branch of the Government into a Cabinet. We shall have periodical meetings and each will have his proper part in the performance of the Executive duties of Government in Georgia.

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JOURNAL OF THE SENATE,

LOVE AND LAW
There is no place under Georgia's Constitution for dictatorship. A Governor who acts as a dictator is no less a dictator when called Governor. I propose to use the executive powers vested in me as Governor as they were intended to be used, and shall not, under the protection prOvided for me by the Constitution, set myself up either as the master of the people or the dictator of the State Capitol. My administration shall be one of love and law and not one of military force and intimidation.

The Governor is Commander-in-Chief of the Army and Navy of this state, but the Constitution does not authorize him to operate the Government under martial law independent of, or superior to, civil authority. I shall respect the Constitution and the law in my use of the military powers vested in me. I sincerely hope that I shall not have to use the militia, but when and if I do, it will be for the purposes plainly stated in the Constitution and laws, and then I will issue a public proclamation, giving the reasons for, and defining the area of, martial law.

I covet the opportunity, while I am Governor, to walk unafraid among the people of Georgia. I shall have no bodyguards to protect me during my tenure of office. The military forces will not be used to eject legally elected public officials from their offices while I, in hiding, claim immunity for legal determination of the rightness of such acts. Every time the militia is used in Georgia, they will be in uniform.

Aside from performing the functions of the enumerated duties of Governor, I feel that there is a responsibility for leadership on the part of the Governor. I expect to use the office as a pulpit from which to preach the Democratic doctrine of progress that we may increase the prosperity, health and happiness of our people.

TuESDAY, jANUARY 12, 1937.

57

MORAL INFLUENCE

I believe that over-indulgence in strong drink is a menace

to society. The problem of how to control the use of liquor

is ever present. There is an obligation on the part of all

good citizens, through education and precept, to encourage

sobriety on the part of our people. However, this obliga-

tion falls more heavily upon public officials than upon pri-

vate citizens, for the reason that they are charged with the

administration of the law. When one accepts such a

position of public trust he automatically sacrifices some of

his private rights. Everyone of us who holds public office,

whether appointive or elective, must realize this important

fact. I shall subscribe to this principle and, having so sub-

scribed, I feel that I can fairly ask others in the administra-

tion to do as much. As Governor, I shall undertake to

practice sobriety before the people of Georgia, and I ask

every officia,l and employee of the state government to do

likewise, I trust that the spirit in which I make this request

will not be misunderstood.



APPOINTMENTS
The Governor is required, under the law, to make certain appointments. This power will be used by me to the end that only men and women of character and ability who are friendly to the policies of the administration will be called to public service. It is my hope that my appointments
will merit public confidence.
JOBS
The question of giving employment to the people who need, want and deserve it, is the chief heartache I find in being elected Governor. More than thirty-two thousand written applications for positions in the State Government have come through the mails since September 9th, and each day's mail is bringing an average of from five to twelve hundred. My heart goes out to these applicants. I wish

58

JouRNAL oF THE SENATE,

it were possible to get all of them jobs. I cannot give even 1% of them places in the State Government. I cannot even read all these applications. Should I read one of them a minute, sixty minutes of the hour and ten hours of the day. I could not read more than six hundred a day which would not in itself cover the number of written applications we are receiving, and yet I would consume every minute of my time and have no time to devote to the performance of my duties as Governor.

In my campaign I did not promise the people jobs, but I did promise them old age pensions, free school books, seven months' school terms, better rural routes, better health conditions, and an administration in cooperation with Franklin D. Roosevelt. I am sure my friends will agree with me in my determination to serve the people of Georgia collectively first, as my first duty, and that they will realize that my campaign promises are of more importance to the people than the canvassing of applications for employment. I cannot do both, so I have chosen to devote my energies to the task of doing what I promised the people. For that reason it will be necessary that these applications be referred to the various Departments where employment is sought, and that these Departments handle them as best they can.

I have received thousands of letters that should have been answered personally, by me. But it has been impossible for me to answer them. I have kept three stenographers busy, working as late as midnight, and then it has been impossible to answer the personal mail we have received. If you have written me a letter, to which you have not received a proper reply, I trust you will realize just how swamped I have been. I hope to remedy this situation after today.

No fund is provided for the maintenance of an office from the time a Governor is elected until he takes office. Our

TUESDAY, jANUARY 12, 1937.

59

postage account, in addition to the stenographic help and stationery, has run $300.00 a month, most of which has been spent in acknowledging applications for employment. Practically every application has been acknowledged and the efficient help in my office has properly segregated these applications and have them ready to hand to the various Department Heads, in which these applicants seek employment.

HIGHWAY DEPARTMENT
The highway department of the State Government was actively in politics in the recent campaign. Having put their positions openly in partisan politics they should from good sportsmanship abide the results. The people of Georgia have given a mandate for those who comprise the present personnel to give way to those in line with the new program. If they fail to do so I shall ask the General Assembly to reorganize the highway department in order that the new administration may not be hampered with people who are out of harmony with its program.

I want the highway department under my administration to strive to please the Federal Government, from whom we we derive most of the money we spend on roads, and to whom we look for increasing funds for that purpose at this time.

I want the highway department also .to work in harmony with the county commissioners and the officials of the various counties who are elected by the people to handle the roads and highways of their respective counties.

OTHER DEPARTMENTS, BOARDS, BUREAUS AND COMMISSIONS
As with the highway department, so with several other departments, boards, bureaus and commissions of the State Government. I shall insist that every department that

60

JouRNAL OF THE SENATE,

actively participated in the partisan politics of the past campaign show good sportsmanship and abide by the results by tendering their resignations. Having chosen to play partisan politics with their department they must abide by the results. If they fail to show such sportsmanship, then, I shall insist upon the General Assembly assisting me by the passage of necessary laws to carry out this mandate of the people.

DIRECT APPROACH
As your Governor, I want you to know that there is always a clear channel from you to me. No citizen of this state need go through any other citizen to reach the ear and heart of his Governor, nor will I have to see anyone else in order to give you an answer. I may not be able to do everything that you want me to do, but I will always be able to tell you whether or not I can. I trust you will bear with me, be patient with me, and cooperate with me in the making of an honest and aggressive effort to serve the people of this state to the utmost.

I would like to have you realize that ofttimes you may not be in possession of all the facts in relation to my acts; that I believe if you were sitting in my place and had all the facts before you, as I have, you would probably do as I do. I urge the people to have no opinions except those based upon fact. Therefore, information or facts concerning this administration will be given to the people directly by me as Governor. There will be no spokesman for the administration, nor will anyone be authorized to give information concerning the Governor's office excepting the Governor.

GRATITUDE
I wish to thank the people of Georgia for electing me Governor. I shall strive to merit their confidence by making them proud of my administration. I wish to thank those who have participated in my inaugural ceremony and

TuESDAY, jANUARY 12, 1937.

61

the inaugural program; the officials of Atlanta and Fulton . County for declaring this a holiday, and the various bands and units, organizations and individuals, who have participated in making this occasion a success.

I look forward, with a great deal of pleasure, to my residence in Atlanta. I know many of its people personally and I look forward to living among them with very pleasant anticipation. I shall, of course, maintain my legal residence in Lakeland, Lanier County, where I have, on the banks of the large lake there, erected a modest little cottage, which will be my future home after I leave the office of Governor, and.I trust a place of rest at intervals during my term of servtce.

I look upon the office of Governor as a job. I expect to work hard at it. I am old-fashioned enough to believe in the old-time religion of our fathers and I solicit the prayers of the good people of this state for a successful administration. No administration can be successful without the support of the people. . I urge the progressive and humanitarian people in every community to create and constantly maintain a state of public mind actively interested in the success of this administration. Be on guard against the emissaries of reactionaryism, whose carping criticisms will betray their position. Sailing under the colors of hyphenated democrats, they will try to knife the party from within by their efforts to block us in carrying out the Democratic Party Platform. They will fail; we will succeed for:

"Right is right, since God is God; and right the day must win; To doubt would be disloyalty To falter would be sin!"

May God bless you. I thank you.

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JouRNAL oF THE SENATE,

Governor Rivers administered the oath of office to At. torney General Yeomans, Secretary of State Wilson, Comp-
troller General Harrison, and State Treasurer Hamilton.

Mr. Sutton of Wilkes moved that the joint session be dissolved, and the motion prevailed.

Under previous motion by Senator Lindsay of the 34th District, the Senate stood adjourned until 10:00 o'clock Wednesday morning.

WEDNESDAY, jANUARY 13, 1937.

63

SENATE CHAMBER, ATLANTA, GA., jANUARY 13, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.

Prayer wa.s offered by the Chaplin.

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

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Forrester Fowler Greer Griner Hampton

Hardman Harrell HarrLc:on Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Neely Patten

Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker, Sr. Whitehead Williams Mr. President

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

Senator Fowler of the 39th District asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.

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JouRNAL oF THE SENATE,

The Journal was confirmed.

Senator Atkinson of the 1st District asked unanimous consent that Senators having bills and resolutions to intrOduce be allowed to do so at this time and the consent was granted.

The following Senate Bills were introduced, read first time, and referred to committees:
By Senator Atkinson of the 1st District,-
Senate Bill No. 1. A bill to be entitled an Act to abolish the State Highway Board of Georgia, and to repeal Code Sections 95-1601; 95-1602; 95-1603; 95-1604; 95-1605; 95-1606 of the Code of Georgia of 1933, said sections having reference to membership, appointment, terms of members, Chairman of Board; tenure, compensation, vacancies, successor to Chairman, and powers of the said Highway Board, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Atkinson of the 1st District-
Senate Bill No. 2. A bill to be entitle.d an Act to create a State Highway Commission of Georgia, providing for membership thereof, the appointment and terms of office, and compensation of members of the Commission, and to provide that said Commission shall perform all of the duties heretofore performed by the State Highway Board of Georgia, and to amend the Code of Georgia of 1933 so as to substitute the name State Highway Commission for the name State Highway Board, wherever the same appear in the Code of Georgia, and for other purposes.
Referred to Committee on Highways and Public Roads.

WEDNESDAY, jANUARY 13, 1937.

65

By Senator Whitehead of the 30th District-
Senate Bill No. 3. A bill to be entitled an Act to amend Secti~n 57-101, Title 57, of the Code of 1933, prescribing the legal rates of interest and the rate of interest that may be charged on contracts, by reducing the legal rate from seven per centum per annurn to six per centum per annum, and reducing the contract rate from eight per centum per annum to not exceeding seven per centum per annum.
Referred to Committee on General Judiciary No. 1.

By Senators Atkinson of the 1st District, Ennis of the 20th District, and Flynt of the 26th District-
Senate Bill No. 4. A bill to be entitled an Act to regulate admission to practice Law in this State; to provide that all persons of good moral character and good reputation, who are graduates of a school of Law approved by the , American Bar Association, shall upon presentation of diploma from such Law School be admitted to plead and practice Law in this State; and for other purposes.
Referred to Committee on Special Judiciary.
By Senators Allen of the 31st District and Lindsay of the 34th District-
Senate Bill No. 5. A bill to be entitled an Act to provide the amount of deposit to be made by all non-resident life insurance companies as a condition precedent to being licensed to write life insurance in said State; to provide that in all cases where a domestic or non-resident life insurance company is being liquidated under receivership

66

JouRNAL oF THE SENATE,

or otherwise due to insolvency, that death claimants shall have preference over any common or unsecured claim; and for other purposes.
Referred to Committee on Insurance.

Senator Millican of the 35th District asked unanimous consent that he be granted a leave of absence from the Senate on Thursday, January 14th, 1937, due to important business engagement. The consent was granted.

The President announced to the Senate that he had in his possession a communication from the Governor, which was submitted Monday; that it contained among other things appointments for confirmation. The further announcement was made by the President that the documents had not been delivered to the Secretary or received by the Senate, and that he had requested an opinion from the Attorney General, which the Secretary was directed to read, as follows:

ATLANTA, GA.,

jANUARY 11, 1937

HoN. JoHN B. SPIVEY, President, Georgia State Senate, Senate Chamber, Atlanta, Georgia.
My dear Mr. Spivey:
Your letter of even date, stating that the Senate desires to know whether or not the Governor can legally submit to the Senate for confirmation during the ten day special session nominations of executive appointments

WEDNESDAY, JANUARY 13, 1937.

67

and, if such nominations be submitted by the Governor, can the Senate legally receive them during the special ten day session and act upon them, and can the Governor withdraw nominations at any time before the Senate acts upon them, and requesting my opinion as early as possible, received.
On January 17, 1933, Hon. Eugene Talmadge~ then Governor of Georgia, submitted to me a series of questions in which he requested my opinion as to whether or not the Governor could legally submit to the Senate for confirmation during the ten day special session nominations of executive appointment, and, if submitted, could the Senate legally receive such nominations at said special ten day session, and could the Sena:te legally act upon such nominations at said special ten-day session, and could the Governor withdraw nominations submitted to the Senate for confirmation at any time before they acted upon them and, if such nominations are sent to the Senate by the Governor during the ten day special session, could the Senate take up such nominations subsequently during the regular session.

On January 18, 1933, I answered these questions in detail in a letter to the Governor, a copy of which I hereto attach.

There has been no change in the law since that time and the opinion which I rendered the Governor is just as applicable today as it was then. I feel quite sure that my opinion to Governor Talmadge answers your inquiry fully.
Yours very truly,
J. M. yEOMANS,
Attorney General.

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JouRNAL oF THE SENATE,

ATLANTA, GA., JANUARY 18, 1933.

HoN. EuGENE TALMADGE, Governor, State Capitol, Atlanta, Georgia. Dear Governor Talmadge:

Your letter of January 17 requests an opinion upon the following questions:

Question 1. Under the prov1s1ons of the constitutional amendment proposed by the General Assembly and ratified by the votes of the people at the election of November, 1932, providing for a meeting of the General Assembly to convene on the second Monday in January, 1933, and biennially thereafter, and to continue no longer than ten days, can the Governor legally submit to the Senate for confirmatiqn, during such ten-day session, nominations of executive appointees?

Answer. The constitutional amendment referred to above provides that in the special ten-day session "the only business which shall be transacted thereat shall be the election of officers of the General Assembly and the organization of same; the inauguration of the Governorelect, and other State-house officers, whose terms of office run concurrently with that of the Governor; the election or appointment of committees of each House; the election of the Governor and other State-House officers, in the event of no election by the people as under the present provisions of this Constitution; the decision of contested elections for Governor and other officers as under present

WEDNESDAY, JANUARY 13, 1937.

69

prov1s1ons of the Constitution, and the introduction and first reading of bills and resolutions; the impeachment of public officers and trial thereof."

It is the opinion of this Department that the language quoted above restricts the General Assembly to the business therein specifically set forth. The consideration of executive nominations for confirmation is not specifically provided for by the amendment, and, therefore, the Governor would not be authorized to submit nominations during the ten-day session.
Question 2. Can the Senate legally receive such nominations at said special ten-day session?

Answer. In view of the construction of the amendment as above set forth, the Seriate would not be authorized to receive executive 'nominations at the special ten-day sess1on.

Question 3. Can the Senate legally act upon such nominations at said special ten-day session?
Answer. It is the opinion of this Department that the reception or consideration of executive nominations for confirmation by the Senate at the special ten-day session would be the transaction of business other than that specifically provided for by the amendment, and would be unauthorized.
Question 4. Has the Governor authority to withdraw a nomination submitted to the Senate for confirmation at any time before it is acted upon by the Senate?
Answer. It is the opinion of this Department that the Governor has authority to withdraw any nomination submitted to the Senate for confirmation at any time before it is acted upon by the Senate. Such is the reasonable construction of the language employed by the Su-

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preme Court in Milton v. Mitchell, 139 Ga. 614. Where any appointment is made as the result of a nomination by one authority and confirmation by another, the appointment is not complete until the action of all bodies con-
cerned has been had. 46 C. J. 953, par. 68. Conse-
quently, the nominating authority could withdraw any nomination prior to action being taken thereon by the confirming authority. This is true whether the nomination be made by the executive withdrawing it, or by his predecessor in office, since the executive power of the Governor is a continuing power, knowing neither names nor persons, never ending, and not broken by succession. Milton v. Mitchell, 139 Ga. 614 (4), 621.

Question 5. If such nominations are sent to the Senate by the Governor during the ten-day session, can the Senate take up such nominations subsequently during the regular session?

Answer. It is the opmwn of this Department that any executive nomination submitted to the Senate during the ten-day session wol:lld not be properly before that body for consideration at the regular session following such special session. If, however, any such nomination should remain before the Senate, and should be confirmed by the Senate at the regular session, it is the opinion of this Department that such action on the part of the Senate would give rise to a presumption that at the time it was acted upon the nomination was legally before that body.

Yours sincerely,
M. J. YEOMANS,
Attorney General.

WEDNESDAY, jANUARY 13, 1937.

71

Upon the foregoing opinion from the Attorney General the President then stated that he would rule the matter had not been legally submitted to the Senate, whereupon he directed the Senate Messenger to return all the documents to the Governor's office.

Senator Harrell of the 12th District moved that the opinion rendered by the Attorney General be referred to the proper committee of the Senate for their consideration.

On a point of order by Senator Atkinson of the 1st District, the President ruled the motion of Senator Harrell out of order, saying the communication from the Attorney General was addressed to him personally and not to the Senate.

Senator Atkinson of the 1st District moved that the Senate do now adjourn, and the motion prevailed.

The President announced that the Senate stood adjourned until10:00 o'clock tomorrow morning.

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JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, jANUARY 14, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Atkinson of the 1st District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Fowler of the 39th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
The following communication from His Excellency, the Governor, was received through the Executive Secretary, Hon. Downing Musgrove and was read:
Atlanta, Ga.,
January 13, 1937.
HoN. JOHN B. SPIVEY, President and Members of the Senate
State Capitol
Atlanta, Georgia
Dear Mr. President and Members of the Senate:
I submit herewith a message prepared by my predecessor in office for your consideration, after having withdrawn

THURSDAY, jANUARY 14, 1937.

73

from said message those things which, under the ruling of the Attorney General and Law Department, cannot be legally received or considered by you at your ten-day organization session.

Respectfully,
E. D. RIVERS,
Governor.
To the General Assembly of the State of Georgia:
To the Senate
To the House of Representatives:
As required by statute and the Constitution of the State, I wish to present this, the Executive Report, to the General Assembly of the State.
I am attaching a file, marked Exhibit A, which is made a part of this report, showing certain taxes that have been paid into the State Treasury under laws that have since been declared unconstitutional. There is no provision, without an Act of the Legislature, to pay these taxes to these debtors of the State who have paid these unconstitutional taxes. This is a moral obligation of the State.
I hereby recommend legislative action to provide for the repayment of these amounts.
The first payment of the Highway Scrip due to the various counties of the State was made March 25, 1936, in accordance with an Act passed by the General Assembly of Georgia.

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JouRNAL oF THE SENATE,

This is not an indebtedness of the State but an allocation to the counties provided by the Legislature.

There are funds now in the Treasury for the second payment of this allocation which will be due March 25, 1937.

The bonded indebtedness, placed on the State during Reconstruction Days, is being retired annually, according to the terms of the bond and now amounts to $4,073,702.17.

During my tenure of office certain vacancies have occurred which the Governor of the State was required to fill by appointment. I herewith submit a list of such appointments, marked Exhibit B, and made a part of this report and attached hereto.

At the last session of the General Assembly of the State no appropriation bill was passed.

Under the Constitution of the State, Article 12, Section 2-8503, Paragraph 111, provides "The Tax and Appropriation Acts, passed at the session of the General Assembly of 1877, and approved by the Governor of the State and not inconsistent with this Constitution are hereby continued in force until altered by law."

You will note that they used the word altered and not repealed.

The only construction of this section that .woJ.Ild not abolish the State of Georgia is that the Constitution of 1877, as altered by each General Assembly, since that time, is in force and effect, in the State of Georgia.

The only way the State can function is for the Constitution to provide for a continuous appropriation.

THURSDAY, jANUARY 14, 1937.

75

Under this provision of the Constitution I issued two proclamations providing for the running of the State and its various divisions and departments.

I am attaching hereto copies of each of these procl.amations, and marking them Exhibits C and D, and have made them a part of this report.

During the first of the year 1936, most of the Depart-: ments had monies left to their credit out of the appropriations of 1935 and it was not necessary to issue any proclamation until these funds were practically exhausted.

When the State began operations under the proclamation above referred to as Exhibit C, a warrant was drawn, payable to the Board of Control, for the maintenance of the Eleemosynary institutions of the State, for $139,704.11 and forwarded to the Comptroller General, Hon. W. B. Harrison. The Comptroller General returned the warrant with a letter stating that he could not approve it as the Legislature had not passed an appropriation bill for 1936.

On the refusal of the Comptroller General to pay this warrant, I suspended him, as provided by law in Code Section 40-206 (160), and appointed Hon. G. B. Carreker Comptroller General of the State. On the day following Mr. Carreker's induction into office, the same warrant payable to the Board of Control was forwarded to Mr. Carreker as Comptroller General and was immediately approved by him and forwarded to the State Treasurer, Hon. George B. Hamilton.

The Treasurer refused to pay the warrant and wrote a letter to me stating that his refusal was based on the fact that there was no appropriation act for 1936 and the warrant had not been approved by the Comptroller Geiteral.

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JouRNAL OF THE SENATE,

When I received this notice from the Treasurer I suspended him, as provided by law in Code Section 40-206
(160) and appointed Hon. J. B. Daniel State Treasurer.

Since the appointment of the Comptroller General and the Treasurer, as above stated, the warrants have been paid to maintain the institutions of the State and the various divisions and departments, according to the proclamations attached as Exhibits C and D. At the last session of the General Assembly I, as Governor, reported the emergency for calling out the troops to prevent an insurrection on account of strikes at textile mills in Georgia and in all parts of the United States where textile mills are located. I also reported borrowing $52,624.02 for the maintenance of the military during such emergency.

This amount of money was borrowed from the Fulton National Bank of Atlanta in four notes. The amount of the notes was $142,000.

Both branches of the General Assembly at the last session voted to approve this expenditure and to pay the Bank. These items were included in the General Appropriation Bill which failed of passage. After maturity these notes bore interest at 7% per annum. The State having more funds than were necessary for the maintenance of the different departments at that time I directed, by Executive Order, that the Highway Department take up these notes and they would be reimbursed out of the General Fund during the fiscal year of 1936.

In April 1936, there was a terrible tornado at Cordele and a few days later another one at Gainesville, Georgia.
Homes were blown down, water supplies cut off, lights out, lives Jost, untold suffering, people dying, people without shelter or anything to eat. I was called upon immediately by the authorities at Cordele and Gainesville for assistance

THURSDAY, JANUARY 14, 1937.

77

to prevent further disaster and insurrection because of looting, stealing, general disorder, and to help care for the sick, the dying and the dead.

The National Guard, under Executive Orders, dated April2, 1936, and April 6, 1936, were rushed to Cordele and Gainesville, respectively, and rendered every possible assistance to the people of the affiicted communities.

It was necessary to pay for this emergency and under Executive Order the ?ighway Department also provided this mon.ey with the understanding that they would be repaid out of the General Fund during the fiscal year of 1936. These amounts were $45,000.

On theseconddayofNovember, 1936, an ExecutiveOrder was issued to reimburse the Highway Department, out of the General fund $144,314.98, the amount of four notes and interest. This Executive Order was issued under the authority of Code Section 4Q-202, which provides as follows:

''In case of invasion or insurrection, the Governor may call out the National Guard or the militia, or both, for the defense of the State, until such time as the General Assembly shall meet, and when so called into action, he shall have power to make all necessary provision for their transportation, accommodation, equipment, and support."
The Departments of State operated during 1936, under a proclamation of expenditure of 85% of the appropriation bill as set up in the Constitution of the State as altered by each session of the General Assembly until 1933.
At the end of the fiscal year 1936 all Departments had operated within the limitation as above set forth with the exception of the following:
' Agricultural Department .... , .... $21,800.00 Executive Department!!.... . . . . . . 14,647.14

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JouRNAL OF THE SENATE,

Buildings and Grounds ......... . 24,839.39 Supervisor of Purchases . . . . . . . . . . 750.00 Publishing of Notices . . . . . . . . . . . . 2,500.00 Soldiers Home . . . . . . . . . . . . . . . . . . 1,875.QO Court Reports} Library ........ . 3,766.30 Maintenance ............... . 1,000.00 Military ...................... . 21,383.77 Prison Commission ............. . 4,500.00

These amounts have all been paid and were supplied from the Emergency Fund as provided bY. law.

I am of the opinion that the appropriation of the Department of Agriculture is inadequate and should be increased.

The appropriation for that Department has been entirely inadequate for the maintenance of the Department since 1934.
The last session of the General Assembly commissioned the Commissioner of Agriculture, and made it his duty, to establish markets over the State of Georgia. After passing this Act, the General Assembly failed to provide an appropriation for the execution of this additional function of the Department of Agriculture.
I herewith submit a total of the bills against the Department of Agriculture, marked Exhibit E, and made a part of this report. The added assets of the Department of Agriculture and the rental revenues nqw being received from these markets more than offset the indebtedness.
The different institutions under the Board of Control were adequately provided for with the exception of the Hospital for the Insane at Milledgeville.
The number of patients at this institution is steadily increasing and we now have 6,982 confined there, with 1,020 on furlough subject to return at any time.

THURSDAY, jANUARY' 14, 1937.

79

Since my term of office as Governor I have appropriated from the emergency fund the sum of $12,136.57 to erect six buildings to provide places for the insane confined in the county jails because of the crowded condition at the State Hospital.

The heating system at Milledgeville was old and inadequate. A boiler there had been condemned several times by engineers and there was an emergency for a central heating system to be provided. The State was to contribute $160,000, and the Federal Government agreed to supplement this with a gran:t of $129,960.
The central heating plant has been installed. The State has paid her part of the cost. The grant of the Federal Government has not been paid. There is now an indebtedness against the State Hospital at Milledgeville of approximately $350,000.

I am of the opinion that the appropriation for the maintenance of the Hospital at Milledgeville is inadequate and should be increased.

The indebtedness of the Department of Agriculture and of the Hospital for the Insane represent the only outstanding indebtedness reported to the Executive Department.

When I was inaugurated as Governor of Georgia four years ago, the State owed $7,523,835.82, according to the report of the State Auditor. Since that time there has not been an increase in any State Tax levies. There have been decreases in State tax levies.

This represents a saving to the people of the State for the past four years of over $10,000,000.
The ad valorem tax has been reduced from five mills to four mills since July, 1933, which saved the people of Georgia approximately a million dollars a year~

80

JouRNAL OF THE SENATE,

On July 14, 1936, the ad valorem tax was again reduced from four mills to three mills, which saved the tax payers of the State an additional million per annum.

During the year 1936, the operation of the State cost $28,025,837.51, according to the report of the State Auditor. At the end of the fiscal year 1936 there was in the State Treasury to the credit of the State $5,321,137.38. At the close of business, Saturday, January 9th, the Treasurer reported on hand in cash $5,829,414.33.

The report of the State Auditor, itemizing the allocated amounts and amounts in the General Fund is submitted herewith and made a part of this report as Exhibit F.

I have had reports from each of the different Departments of the State giving the amounts in cash on hand, at the close of business January 9, 1937 as $2,934,749.78.

This gives us the total sum of $8,764,164.11, as of January 9, 1937 for the State of Georgia.

I have served four years as the Chief Executive of the State, which is the limitation of the Constitution.

I wish to express my gratitude for the co-operation of the separate Departments of State. The co-operation of these Departments has helped the Chief Executive to carry out every campaign pledge made to the people of Georgia.

January 11, 1937.

Respectfully submitted~ EuGENE TALMADGE, Governor of Georgia.

THURSDAY, jANUARY 14, 1937.

81

(See House Journal for Exhibits "A" and "E" referred to in foregoing message.)
EXHIBIT C
A PROCLAMATION

BY THE GOVERNOR:
Whereas, The General Assembly, at its session of 1935, failed to enact a general appropriations bill making apprOpriations for the operation of the State Government for the year 1936; and,
Whereas, Such failure to enact a general appropriations act creates an emergency which renders executive action necessary in order that the Government of the State may function, that the executive and judicial branches of the State may continue to operate, that the p4:blic schools and institutions of higher education of the State may continue, that the tubercular patients at the State Tuberculosis Sanitarium may continue to receive necessary treatment, that the inmates of the Milledgeville State Hospital for the Insane may be cared for, that the Confederate veterans may be paid the pensions necessary for their livelihood, and in order than the inmates of the State Prisons may be fed, clothed and housed and not released upon the public; and,
Whereas, It is provided by the Constitution of the State of Georgia that "no money shall be drawn from the treasury except by appropriation made by law;" and,
Whereas, The General Assembly has heretofore, by legislative enactment, created a State-aid road fund, consisting of the proceeds of the license fees collected from the sale of automobile tags, the fuel oil taxes, the fees collected from motor carriers, the mileage taxes, and other taxes, which are appropriated by law for the support and maintenance of the State Highway Department, and for the construction and maintenance of the State-aid system of roads, and which funds can be used for no other purpose; and,

82

JOURNAL OF THE SENATE,

Whereas, The General Assembly has heretofore, by legislative enactment, created a public school equalization fund, consisting of one cent per gallon of the tax on fuel oils, which is continuously appropriated for such purpose, and which can be used for no other purpose; a:nd,
Whereas, The General Assembly has heretofore, by legislative enactment, provided a fund for the aid of the various counties of this State in maintaining secondary roads, consisting of one cent per gallon of the tax on fuel oils, which is continuously appropriated for such purpose, and which can be used for no other purpose; and,
Whereas, The General Assembly has heretofore, by legislative enactment, provided a fund for the payment of the pensions of Confederate soldiers and Confederate widows, consisting of the net proceeds of the tax on cigars and cigarettes, which fund is continuously appropriated for such purpose, and can be used for no other purpose; and,
Whereas, The General Assembly has heretofore, by legislative enactment, created a game and fish protection fund for the support and maintenance of the Department of Game and Fish, consisting of the proceeds of the sale of hunting licenses and other fees collected by said Department, which is continuously appropriated for such purpose, and can be used for no other purpose; and,
Whereas, The General Assembly has heretofore, by legislative enactment, created funds for the support and maintenance of the Banking Department, the Public Service Commission, the Department of Forestry and Geological Development, the Department of Industrial Relations, the Departments and Boards regulating the several professions, and for the compensation of the Supervising Inspector of Naval Stores, consisting of assessments and fees collected by such departments and agencies of the State, including the special tax on dealers in forest products, which is set aside for the support of the Department of Forestry, all of

THURSDAY, JANUARY 14, 1937.

83

which funds are continuously appropriated for the support and maintenance of such departments and agencies of the State, and which can be used for no other purpose; and,
Whereas, The General Assembly has heretofore, by legislative enactment, created special funds for the support and maintenance of other departments, boards, bureaus, institutions, and agencies of the State, which funds consist of fees and other special taxes levied for the support of such departments, boards, bureaus, institutions, and agencies, and which are continuously appropriated for such purpose and can be used for no other purpose; and,
Whereas, The General Assembly has heretofore, by legislative enactment, created a special fund to aid in the establishment and maintenance of consolidated schools, consisting of four hundred thousand dollars ($400,000.00), each year, of the poll tax collected and paid into the treasury, which the Constitution provides shall be set apart and devoted for the support. of the common schools, and which said fund is continuously appropriated for such purpose and can be used for no other purpose; and,
Whereas, The salaries of the Justices of the Supreme Court, the Judges of the Court of Appeals, the Judges of the Superior Courts and the Solicitors General, are fixed by the Constitution of this State, and can be neither increased nor diminished during their respective terms of office; and,
Whereas, The salaries of the Governor and other constitutional officers are fixed by law, pursuant to the provisions of the Constitution, and can be neither increased nor diminished during their respective terms of office; and,
Whereas, The salaries of various other public officers of the State are fixed by law; and,
Whereas, The General Assembly has heretofore provided, by legislative enactment, for the payment of the salaries of all officers whose salaries are fixed by the Constitution and

84

JouRNAL OF THE SENATE,

laws, and has made a continuing annual appropriation for such purpose; and,
Whereas, The various provisions of law hereinbefore referred to constitute appropriations made by law within the meaning of the Constitution of this State, meet and satisfy the requirements of the Constitution, and render further legislative action unnecessary; and,
Whereas, The General Assembly has heretofore, by legislative enactment, made appropriations for the support of the State Government and the various institutions and agencies of the State for the years 1932 and 1933 and for the years 1934 and 1935; and,
Whereas, On account of the insufficiency of therevenue available for the payment of such appropriations, the same were not paid in full, but there now remain unpaid of such appropriations the following percentages: For 1932, eleven and one-half per centum (11,%'%); for 1933, twenty-nine per centum (29%); for 1934, twenty-one and one-half per centum (21;4%); and for 1935, twenty per centum (20%); and,
Whereas, Said Acts of the General Assembly making said appropriations have never been repealed, altered or modified, but remain of full force and effect; and,
Whereas, The amounts so appropriated for the years 1932, 1933, 1934 and 1935, and remaining unpaid have not lapsed by virtue of any failure of requisition, for the reason that funds for the payment thereof have never heretofore been placed in the State Treasury; and,
Whereas, There being no legislative enactmllnt making appropriations for such departments, boards, bureaus, and agencies of the State for the year 1936, any revenue coming into the State Treasury after January 1, 1936, not otherwise appropriated to one of the objects hereinbefore mentioned, is revenue available for the payment of such appropriations within the meaning of the Acts of the General Assembly making such appropriations; and,

THURSDAY, JANUARY 14, 1937.

85

Whereas, Such legislative enactments making appropriations for the years 1932, 1933, 1934 and 1935 constitute appropriations made by law within the meaning of the Constitution of this State, meet and satisfy the requirements of the Constitution, and render further legislative action unnecessary;

Now, Therefore, in order that the essential functions of the State Government may be continued, and in order that the interest and welfare of the people of the State of Georgia may be protected, I, Eugene Talmadge, Governor of the State of Georgia, do hereby order and proclaim as follows:

1. That the amounts of the several special funds herein referred to, and heretofore provided by the General Assembly, by legislative enactment, for the support of the various departments, boards, bureaus, and agencies of the State, and continuously appropriated for such purposes, be made available, for and during the year 1936, as such funds are collected, for the purposes herein referred to for which such appropriations are made.

2. That the sum of the salaries of the various public officers of this State, including the officers of the Executive and Judicial Departments, whose salaries are fixed by law, be made available for the purpose of paying such salaries as the same become due and payable.

3. That the amounts heretofore appropriated, by legislative enactment, for the support of the various departments, boards, bureaus, institutions, and agencies of the State for the years 1932, 1933, 1934, and 1935, and remaining unpaid, be made available for the support and maintenance of such departments, boards, bureaus, institutions, and agencies of the State during the year 1936, as revenue for the payment thereof is received. Any provision in any executive order heretofore entered in conflict with this executive order is hereby cancelled, rescinded and annulled.

86

JouRNAL oF THE SENATE,

4. That the State Treasurer and Comptroller General set up on their books, to the credit of the various departments, boards, bureaus, institutions, and agencies of the State for the year 1936, the amount of the special allocations and appropriations hereinbefore referred to, where any such department, board, bureau, institution, or agency is supported by .special funds provided by legislative enactment for such purpose, and that said funds be disbursed to such departments, boards, bureaus, institutions, and agencies of the State upon warrants of the Governor issued pursuant to approved budgets as now provided by law.

5. That the State Treasurer and Comptroller General set up on their books, for the year 1936, to the credit of the other various departments, boards, bureaus, institutions, and agencies of the State which are not supported and maintained by special funds provided by legislative enactment for that purpose, the aggregate of the amount of the salaries of the public officers of such departments, whose salaries are fixed by law, and the amounts remaining unpaid to such departments, as hereinbefore referred to, of the amounts appropriated for their support and maintenance for the years 1932, 1933, 1934, and 1935: Provided, that no such amount shall be set up on account of any unpaid appropriation for either of said years to any institution which has been abolished, or the operation of which has been discontinued: Provided, further, that the amount so set up for the support of the common schools, shall consist of the aggregate of the amount of the salaries of the public officers of the Department of Education, incluc1ing the county school superintendents, whose salaries are fixed by law, the special fund hereinbefore referred to provided by legislative enactment to aid in the establishment and maintenance of consolidated schools, and the ~mounts remaining unpaid of the appropriations to the Department of Education for all purposes for the years 1932, 1933, 1934, and 1935: Provided, further, that in no instance shall the amount set up for the year 1936 to the credit of any such department, board,

THURSDAY, jANUARY 14, 1937.

87

bureau, institution, or agency exceed the amount appropriated for the support and maintenance of such department, board, bureau, institution, or agency for the year 1935. Said amounts so set up shall be disbursed to such departments, boards, bureaus, institutions, and agencies of the State upon warrants of the Governor issued pursuant to approved budgets as now provided by law.

6. In no event shall the amount paid or available to any department, board, bureau, institution, officer, or agency of the State, whether referred to in paragraph four of this order or paragraph five of this order, exceed the amount appro.. priated for the support and maintenance of such department, board, bureau, institution, or agency, or for the salary of any public officer, for the year 1935.

7. The several amounts herein provided to be set up for the support and maintenance of the various departments, boards, bureaus, institutions, and agencies of the State shall be subject to reduction by further executive order in the event of any deficit of revenue available for the year 1936 to pay the same, and in the proportion that the amount of any such deficit bears to the amount so set up: Provided, that this paragraph shall not apply to the items exempted by Section 26 of the Act of the General Assembly approved March 24, 1933, from the operation of that Section.

In Witness Whereof, I, Eugene Talmadge, Governor of the State of Georgia, have hereunto set my hand and caused the Great Seal of the State of Georgia to be hereto affixed, at the State Capitol, in the City of Atlanta, Georgia, this 17th day ofFebruary, in the year of our Lord One Thousand Nine Hundred and Thirty Six.

(Signed)
BY THE GOVERNOR:
JoHN B. WusoN~
Secretary of State.

EuGENE TALMADGE, Governor.

88

JouRNAL OF THE SENATE,

EXHIBIT D.

A PROCLAMATION

BY THE GOVERNOR:

Whereas, The General Assembly at its session of 1935 failed to enact a general appropriations bill making apprOpriations for the operation of the State government for the year 1936; and,
Whereas, It is provided by Article XII, Paragraph III of the Constitution of Georgia that the appropriations act passed at the session of the General Assembly of 1877 shall be continued in force until altered by law; and,
Whereas, Under said Article XII, Paragraph III, of the Constitution of Georgia the general appropriations act, as altered, continues in force until again altered by law; and,
Whereas, Under said provision of the Constitution of Georgia the general appropriations act of the General Assembly of Georgia approved March 24, 1933, continues of force and effect until altered by law, and the appropriations made by said act and any amendments thereto, for the year 1935, for the operation of the State government and to pay the principal and interest of the public debt continue of force and effect until altered by law; and,
Whereas, Said appropriations for the year 1935 have never been altered by law: it is therefore
Ordered, That the State Treasurer, the Comptroller General, and the State Auditor set up on their books to the credit of the various departments, boards, bureaus, institutions and agencies of the State for the year 1936 the several amounts appropriated to such departments, boards, bureaus, institutions and agencies of the State for the year 1935 as provided in said general appropriations act approved March 24, 1933.

THURSDAY, JANUARY 14, 1937.

89

It is Further Ordered, That any amounts heretofore paid to any board, bureau, agency, institution, or officer of the State pursuant to the proclamation heretofore issued on February 17, 1936, be credited against the said several amounts so set up as provided in the foregoing paragraph.
Ordered Further, That the proclamation of the Governor of February 17, 1936, be, and the same is hereby amended as above set out.
In Witness Whereof, I, Eugene Talmadge, Governor of the State of Georgia, have hereto set my hand and caused the Great Seal of the State of Georgia to be hereto affixed at the State Capitol in the City of Atlanta, Georgia, this the 14th day of September, in the year of our Lord One Thousand Nine Hundred aud Thirty-six.
(Signed) EuGENE TALMADGE, Governor.

BY THE GOVERNOR: JoHN B. WILSoN,
Secretary of State.

EXHIBIT F.

TENTATIVE STATEMENT OF TREASURY OPERATIONS-YEAR 1936.

COMMENTS

ToM WisDoM State Auditor
1-2-37

In making this, my usual tentative report on the financial operations of the State Treasury, I wish to call attention to the fact that this report, which is compiledfrom reports made to mv office, is nol to be construed as an audit of the accounts of the State Treasury, which is now in progress and will be completed at an early date.

90

JouRNAL oF THE SENATE,

On page 1 of this report is shown a comparative cash balance sheet as of December 31, 1935, and December 31, 1936, respectively. The statement reflects the cash balance on hand (which has not been audited and verified for December 31, 1936) together with the reserves for payables, dividing the reserves into balances 1935 accounts and reserves for balances of accounts as set up by Executive proclamation. The surplus for each of the years reflects funds undistributed to accounts of State agencies.

On page 2 of this report is shown a comparative statement of the receipts of the State, as reported to this office, together with cash balances and a summary of payments as detailed on pages 4-9 of this report.

On page 2, in addition to the customary receipts of the State Treasury for year 1936, are shown the following items: Deposit of cash State Highway Board credited to Highway Fund in State Treasury (certificates No. 894 dated 2-27-36, No. 902 dated 2-28-36, and No. 903 dated 2-28-36 totaling $5,369,936.80); and,transfer by Executive order dated 4-17-36 directing State Highway Board to pay into the State Treasury of Georgia to credit of State Military Department the sum of $45,000.00 for the purpose of meeting the expenses of the Georgia National Guard, acting under Executive order declaring martial law at Gainesville and Gordele, Georgia.

On page 2, in addition to a summary of payments reported on following pages of this report, is shown payments as follows: Repayment to State Highway Board of funds deposited to the credit of their account, repayment made in divers amounts between the dates of March 6th, 1936, and May 20th, 1936, totaling $5,369,936.80; and, transfer of funds to State Military Department to be used as stated in the foregoing paragraph the sum total $45,000.00.

THURSDAY, jANUARY 14, 1937.

91

By Executive order dated November 2, 1936, the Treasury transferred $144,314.98 from the General Fund to the Highway Fund to reimburse the Highway Fund for payments made in 1935 and 1936 for account of Military Department. The effect of this order is to set up an appropriation or allotment to the Military Department additional to that carried in the Appropriation Act for 1935 which hy Executive order was continued for 1936.

There is the further result that General Fund monies available for paying general appropriation fixed sum items is reduced by $144,314.98, and under application of Section 26 of the General Appropriation Act all the iterns in Act, subject to Section 26, are ratable reduced approximately 1.6% thereby, making the cut for the year 13-;4% instead of 12%.

The $144,314.98 remains in the Treasury at the close of the year.

In this report the accounts for the various State agencies are separated into two statements, as follows:

On pages 4-6 are shown the balance& of the accounts from 1935 as of January 1st, 1936, with payments thereon and balances remaining on hand as of December 31, 1936.
On pages 7-9, I am reporting the entire accounts handled by the State Treasury for the year 1936, with the exception of the balances of the accounts from 1935.
I report the accounts for 1936 as being set up, transferred, reduced because of deficiency in revenue, paid on, and balances set up therefor, on authority of Executive proclamation dated 2-17-36 as amended 9-14-36 by setting up as continuing appropriations for 1936 the appropriations made by the General. Assembly for year 1935 and on transfer made by Executive order dated 11-2-36.

92

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This statement does not include Federal grants for education handled by State Treasurer as custodian, nor Special funds handled by State Treasurer but under accounting control of the Governor, as follows:

"Special Interest Fund" receipts from interest (penalty) on frozen deposits $26,731.61; disbursements of $16,500.00 for attorney's fees and transfer to Military Department of $6,403.36 for guard expenses, with cash balance December 31st of $3,838.25.

"Delinquent Fuel Oil Tax Fund" receipts of $32,264.03 from fuel oil tax, with a cash balance January 1st of $216,616.54 and transfer to Law Department for expenses $2,169.63 and balance at close of period of $246,710.94.

"Insurance Fund" with beginning cash balance of $42,000.37, premium receipts of $41,571.36, losses paid of $11,621.44 and closing cash balance of $71,950.29.

STATE OF GEORGIA

CASH BALANCE SHEET

At December 31st, 1935

CASH ASSETS

Cash and Bank Balances (page No.2)__________________ _

$2,694,957.81

CURRENT DEMANDS AND RESERVES Reserves for: Allocated Fund Balances 1935 Accounts ______________$ 1,305,582.74 General Fund Balances 1935 Accounts ________________ 1,194,830.57 Application on Appropriations prior 1932_____________ 174,215.26 TOTAL__________________________________________ _
Reserves for : Al(lHocigathewdaFy uDnedptB.)_a_la__n_c_e__p_e_r__E__x_e_c_u_t_i_v_e__O__r_d_e_r__1_1_-_2_-_36_
Allocated Fund Balances per Proclamation __________ _ General Fund Balances per Proclamation____________ _
TOTAL__________________________________________ _

$ 2,674,628.57

TOTAL Current Demands and Reserves _______ _ CUCRasRhESNuTrpCluAsS_H___S_U__R__P_L__U__S__O__R__D__E_F__I_C_I_T_____________ _

$ 2,674,628.57
20,329.24 $2,694,957.81

OTHER VALID STATE OBLIGATIONS Fixed Debt, full faith and credit of State pledged (Bonds) less cash reserve
for redemption ______________________________________________ .$ 4,173, 702.17
Fixed Debt, road allocation fund pledged, due $2,657,477.33 annually March 25th, 1936 thru 1945, no interest (reimbursement to rCeoduenmtpietsio) nle_s_s__c_a_s_h__r_e_s_e_r_v_e__h_e__ld__b__y_H__i_g_h_w__a_y__D__e_p_a_r_t_m__e_n_t__f_o_r 23,917,296.01
Fixed Debt, rentals of State railroad pledged, due $45,000.00 monthly, thru Dec. 1, 1943less $1,620,000.00 (1941-43) held unsold by Highway Department, less cash reserve for redemption____________ 2,655,000.00 Total Valid State Obligations_____________________________$30, 745,998.18

At December 31st, 1936 $ 5,321,137.78

$ 59,377.15 5,298.83 00
144,314.98 4,469,439.67
621,750.42

~
c::
$ 64,675.98 ~
.>0
><:
._
>
5,235,505.07 ~
$ 5,300,181.05 >
:>:!
20,956.73 ><:
- $ 5,321,137.78 ,.:;;: c.O
$ 4,073,702.17 ~

21,259,818,68
2,115,000.00 $27,448,520.85
c.O
""

94

JouRNAL oF THE SENATE,

STATE OF GEORGIA

STATEMENT OF BECEIPT,S AND PAYMENTS YEAB 1936

WITH 1936 REVENUE AND PAYMENTS FOB COMPARISON RECEIPTS

REVENUE

Year 1935

Year 1936

Property Tax___________________________ $ 4,404,959.22

Fuel Oil Tax___ ~ ________________________ 15,771,722.52

Kerosene Tax___________________________ 208,493.87

Income Tax_____________________________ 2,091,170.53

Motor Vehicle Tax______________________ 1,244,048.65

Cigar and Cigarette Tax________________ 1,125,607.95

Poll Tax________________________________ 249,945.64

Inheritance Tax________________________ 89,776.53

Insurance Premium Tax________________ 817,669.43

Rents W. & A. Railroad_________________ 585,000.00

Agricultural Fees~--____________________

242,886.28

Occupation Taxes______________________ 695,685.57

Corporation Franchise Tax_____________ 388,436.93

Malt Beverage Tax______________________ 237,627.32

Sales Tax______________________________ "

1,036 .35

Miscellaneous Fees and Earnings_______ 711,470.36

$ 3,442,092.93 17,493,352.22. 234,500.70 2,572,154.12 1,297,905.21 1,351,171.16 289,485.75 86,473.07 853,040.11 540,000.00 312,970.18 712,466.50 378,832.59 468,548.26
615,749.13

TOTAL set aside for General Fund___$ 9,620,636.32 $ 9,196,973 .oo
TOTAL set aside for Allocated Funds_ 19,244,900.79 21,451,768.93

TOTAL Revenue Receipts __________ $28,865,537 .11 $30,648,741.93

NON-REVENUE

Refund by State Highway Board_______$ 5,369,936.80

Transfer from Highway Board to credit

of State MilitarY Department_________ 45,000.00

Transfer to General Fund by Secretary

of State--Real Estate Commission____

3,275.55

Transfer from General Funds for Credit

of Highway Special Funds in repay-

ment of funds due by State MilitarY

Dept. Executive Order dated 11-2-36__ 144,314.98

CASH BALANCE, Jan. 1st, 1936____________________ _

5,562,527.33 2,694,957.81

$38,906,227 .f17

THURSDAY, JANUARY 14, 1937.

95

STATB OJ' GEORGIA

STATBllllllNT OJ' RECEIPTS AND PAYMENTS YBAR 1936

WITH 1936 RBVENUB AND PAYMENTS FOR COMPARISON PAYMENTS

STATE AGENCIES

Year1936

Year 1936

Consolidation of Payments on 1935 Balances and on 1936 set up
S TDAeTp aEr tHl nIeGnHt _W__A__Y_S____________________ $13,075,140.80 Counties_____________________________ 2,505,807.01

STATE DEPARTMENT OF EDUCAlteTgIlOtlNar ______________________________ 6,729,564.43

Back Appropriations_________________ 2, 754,542.35

STltAegTlEtlaIrN__S_T_I_T__U__T_I_O__N__S____________ _ 1,370,291.45 Back Appropriations ________________ _ 145,715.17

UNIVERSITY SYSTEM ltegltlar______________________________ 1,679,583.33

Back Appropriations_________________ 150,000.00

COltNegFlEtlDarE_R__A__T_E__P__E_N__S_I_O__N__S__________ _ 936,126.64

Back Pensions ______________________ _ JlnDICIAJL ____________________________ _

556,018.35 367,301.20

LEGISLATIVE ________________________ _ 195,222.87

PUBLIC DEBT ANI> INTEREST_____ _ 839,641.02

ALL OTHER AGENCIES _____________ _ 1,563,485.53

$ 9,647,005.51 2,726,133.07
7,948,137.53
1,592,175.00
1,795,833.33 167,126.48
756,086.51 399,977.61 348,849.34
4,079.78 902,556.07 1,737,877.28

TOTAL_____________________________$32,868,440.15 $28,025,837.51

RewpaayymBoeanrtdo_f_F__u_n__d_s__r_e_f_u_n_d__e_d__b_Y__H__ig__h_-$ 5,369,936.80

Transfer to State Military Departlnent__ Transfer to State Highway Dept. funds
in Treasury for benefit of State Military Dept. in the repayment of Funds Due Executive Order dated 11-2-36-
from General Funds (State Treas. Cert. No. 5562A)______________________

45,000.00 144,314.98

CAveSrHifieBdA)_L_A__N__C_E__, _D__e_c_.__3_1_s_t_, _1_9_3_6__(_n__o-t

5,559,251.78 5,321,137.78

$38,906,227.07

STATE 01' GEORGIA DISTRIBUTION OF 1936 REVENUE RECEIPTS
TOTAL REVENUE RECEIPTS FOR YEAR____________ _ Deduct from General Fund, add to Allocated Funds amount transferred by Executive order dated 11-2-36 and Treasurers Certificate No. 5562A from General Fund for account of State Military Department to credit of Highway Fund thereby increasing the General Fund revenue deficiency________________________ _ Add surplus undistributed for 1935 ___________________ _ Add reversions to General Fund 1936 from 1935________ _
TOTAL AVAILABLE FOR DISTRIBUTION____ _

cO 0':>

General

Allocated

Funds

Funds

$ 9,196,973.00 $21,451,768.93

(-)144,314.98 20,329.24 3,275.55
$ 9,076,262.81

~
c0 :
144,314.98 ::<'
z >
t"
$21,596,083.91 ~

DISTRIBUTION (on basis of 1935 appropriations as set up by Executive Proclamation). (See page No.7, column No.4)
To items payable 100%. (See column No. 2, page No.7)_ To items subject to pro rata reduction__________________
Less deficiency in revenue____________________________ $ 1,065,062.27 Less funds transferred shown above_________________ 144,314.98
Total Reduction (13!%)---- ______________________ _

$ 8,958,350.00 1,209,377.25

$ 1,306,333.33

~
ttl
$21 596 083.91 ~
z>
.."':l
ttl

7,748,972.75

SURTPOLTUASL__D__I_S_T__R_I_B__U__T_E__D__F__O__R__1_9__3_6__-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_--_

$ 9,055,306.08 $21,596,083.91

$ 20,956.73 $

00

STATE OF GEORGIA

STATEMENT OF TREASURY OPERATIONS BALANCES 1936 APPROPRIATION YEAR ENDED DECEMBER 31st, 1936

Treas.

Reserve

Treas.

Cash

STATE AGENCY

Reserve Cash Transfers

Balances Emergen-

Total

Jan. 1st, 1936 cy Fund Available

Balances Payments Dec. 31st, on Balances 1936

Fund

---3 c:I:::

~

Agriculture, Dept. of : Regular Operations_______________

$

Screw Worm Eradication __________

Audits, Dept. oL ___________________

9,820.00 $ 1,236.60 $ 11,056.60 $ 11,056.60 $

4,750.00

4,750.00

4,750.00

8,125.00

8,125.00

8,125.00

C/:1

00 General 00 General 00 General

0
.,;>_<

BCoanmkpitnrgo,llDere-Gpte.noeLra-l-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
Education, Dept. of : ERqeguualliazraSticohnoFoluAnpdp_r_o__p_r_ia__ti_o_n_________ Special Auto Sale Fund___________ Malt Beverage Tax Fund__________
Entomology, Dept. of. ______________ Forestry and Geological Dept. _______ Game and Fish, Dept. of____________ GoOvfefircneo_r_:___________________________
Supervisor of Purchases__________

5,546.60 13,750.00 576,195.24 38,574.08 52,449.54 237,627.32 6,250.00 6,250.00
549.88 00 00

9,647.17

5,546.60 13,750.00 576,195.24 38,574.08 52,449.54 237,627.32 6,250.00 6,250.00
549.88 9,647.17
00

5,546.60 13,750.00 574,554.47 38,574.08
00 237,627.32
6,250.00 6,250.00
549.88 9,647.17
00

00 Allocated 00 General

>z

c::

1,640.77
oo
52,449.54 00 00 00

General Allocated Allocated Allocated General General

>
~
><:
....... ,p...
"
.......

00 General 00 General

.~
c:,.J
""-l

00 General

Public Buildings and Grounds ___

00 14,839.39

14,839.39

14,839.39

00 General

Publishing Notices. ______________

1,850.00

1,850.00

1,850.00

00 General

RAecwts,arJdosu_r_n__a_l_s_a__n_d__C__o_d_e_s__________________ Insurance _______________________

1,912.25 1,075.00 5,000.00

1,912.25 1,075.00 6,000.00

1,912.25

00 General

1,075.00

00 General

1,636.31 3,463.69 General

CEmraewrgfoerndcyWF. uLnondg...M__e_m__o_r_ial_.__.____.

2,600.00 26,723.16 (-)26,723.16

2,600.00 00

2,500.00 00

00 General 00 General

~
....:J

co

STATE OF GEORGIA

00

STATEMENT OF TREASURY OPERATIONS

BALANCES 1935 APPB.OPIUATION

YEAR ENDED DECEMBER 31st, 1936

Treas.

Resene

Treas.

Cash

STATE AGENCY

Resene Cash Transfers Balances Emergen-

Total

Bal&nces Payments Dec. 31st,

.._

Jan. 1st, 1936 cy Fund

Highway, Dept. oL _________________$
Industrial Relations: Commerce and Labor Division_____ Workmens Compensation_________
InBstoitaurdtioofnsC,oEnltereomLo__s_y_n_a_r_y__: ________ Public Welfare____________________ Tuberculosis Sanitorium_________ Confederate Soldiers Home _______ Training School for Girls_________ School for DeaL __________________ School for Mental Defectives______ Academy for Blind________________ Milledgeville State Hospital_______ Training School for Boys _________
Law, Dept. of_______________________

134,426.86 $ 1,250.00 00 1,875.00 2,500.00 29,375.00 00 4,375.00 9,375.00 8,125.00 4,750.00
137,500.00 4,375.00 3,250.00

----C::: Available on Ba.la.nces 1936

Fund 0

$ 134,426.86 $ 134,426.86 $

00 Allocated z~

. 1,250.00

1,250.00

00 General

>
t""

00

00

00 Allocated 0

'":!

1,875.00 2,500.00

1,875.00 2,500.00

00 General 00 General

~

29,375.00

29,375.00

00 General t>1

00 4,375.00 9,375.00

00 4,375.00 9,375.00

00 General

00 General 00 General

Cf)
zt>1

8,125.00

8,125.00

00 General >

4,750.00 137,500.00

4,750.00 137,500.00

. 00 General
00 General

"cl t>1

4,375.00

4,375.00

00 General

3,250.00

3,250.00

00 General

LiCbroaurryt:Reports ____________________ Maintenance ______________________
Library Commission ________________

53.59 249.86 1,250.00

53.59 249.86 1,250.00

53.59 249.86 1,250.00

00 General 00 General 00 General

MMilitaairnyteDneapnacert.m.. e__n_t_:_______________ Riot Fund____________________ ._ .

5,041.86 194.~

5,041.86 194.37

5,041.86 00

00 General 194.37 General

STATE OF GEORGIA

STATEMENT OF TBEASUBY OPERATIONS

BALANCES 19311 APPROPRIATION

YEAR ENDED DECEMBER 31st, 1938

Treas.

Reserve

STATE AGENCY

Treas. Reserve Cash TraDSfen
~ces EDBergenJ'an. 1st, 1936 cy Fund

Total Available

PaYDBents on Balances

Cash
~ces
Dec. 31st, 1938

~

J'und

c:=
:;.:1

Naval Stores Inspector______________$

00 $

$

00 $

00 $

00 -All-oca-te-d ~>

PrOisfofniceC_o_m__m__i_s_s_i_o_n__: ________________
Baldwin FarDB ____________________ Tattnall Farm____________________ Public Health, Dept. oL ____________
P uUbtliilci tSyeDrViViciesiCono_m_m__i_s_s_i_o_n__: ________ Motor Carriers Division___________
Re0v.e&nuCe.CToamxmDiisVsiiosinon: ______________ Income Tax Division______________ Motor Vehicle DiVision____________

00 16,698.01 4,912.75 15,625.00
85,527.94 00
7,625.00 20,103.13 19,072.91

00 16,698.01 4,912.75 15,625.00
85,527.94 00
7,625.00 20,103.13 19,072.91

00 16,698.01 4,912.75 15,625.00
85,527.94 00
7,625.00 20,103.13 19,072.91

..>. <

00 General

00 General ~

00 General z

00 General
00 Allocated 00 Allocated
00 General 00 General 00 General

-->c:=
~
,....,..
~ IJ,)

Selcteregtualrayro__f_S__t_a_t_e_:__________________ ExaDBining Boards ________________

3,343.75 5,707.87

8,343.75 5,707.37

8,343.75 5,707.87

;-J 00 General 00 Allocated

Securities DiVision___________ ___

173.95

173.95

178.911

00 Allocated

S tMa taeiTn treenaasnucr ye _:_____________________ Sinking Fund____________________
Interest on Fixed Debt____________ Interest on Current Loans________

4,100.20 105,500.00 42,181.04
00

4,100.20 105,500.00
42,181.04
00

4,100.20 102,000.00 42,181.04
00

00 General 8,500.00 Allocated
00 General
00 General ~

,_.

STATE OF GEORGIA

8

STATEMENT OF TREASURY OPERATIONS

BALANCES 1936 APPROPRIATION

YEAR ENDED DECEMBER 31st, 1936

Treas.

Reserve

Treas.

Cash

STATE AGENCY

Reserve Cash Transfers

Balances

Balances EmergenJan. 1st, 1936 cy Fund

W. & A. Rental Discounts _________$ Grants to Counties for Roads ____ _ Supreme Court__________________ _ Court of Appeals ________________ _
Superior Court __________________ _

45,000.00 $ 458,206.00
99.83 00
3,917.40

Total Available
$ 45,000.00 458,206.00 99.83 00 3,917.40

Payments Dec. 31st,

on Balances

1936

$ 45,000.00 $

00

458,206.00

00

99.83

00

00

00

3,917.40

00

Fund
Allocated Allocated General General General

......
0c:: :z<1 >
t"'
.0.,

Legislative Expense ______________ _ Land Title Fund_________________ _ ReMgeanintste, nUannicvee_r_s_i_ty___S_y_s_t_e_m__:_______ _

00 3,427.61 354,626.48

00 3,427.61 354,626.48

00 00 354,626.48

00 General

3,427.61 Allocated

>-! :I:

00 General -- tr1

Special Building Fund___________ _ VeMtearianntsenSaenrcveic_e__O__f_f_ic_e__: ___________ _
Pensions_________________________ _

00 00 182,865.59

00 00 182,865.59

00 00 182,865.59

00 General

C/l
ztr1

00 General >

00 Allocated

>-!
j'1

TOTAL FOR CURRENT BUDGET OPERATIONS
From General Funds______________ .$ 1,369,045.83 From Allocated Funds_____________ 1,305,582.74

$ 1,369,045.83 $ 1,363,747.00 $5,298.83 1,305,582.74 1,246,205.59 59,377.15

TOTAL _______________________ .$ 2,674,628.57

$ 2,674,628.57 $ 2,609,952.59 $64,675.98

STATE OF GEORGIA

STATEMENT OF TBEASUBY OPERATIONS

YEAB 1936

Funds set up as available for 1936 by Executive Proclamation dated 2/17/36 as amended 9/14/36

setting up as continuing Al!propri&tions for 1936 the appropriations for the year 1936 and transfer by

Executive Order dated 11/2/36.

Treas. Be

Base Less :ProBata Add: Tra.nS- Total set up Payments serve Cash

STATE AGENCY

Appro-

Reduction fers From As ,Available Made In

Balances

pria.tions Deficit In Emergency For 1936

1936

Dec. 31st,

For Year 1936 Revenue

Fund

1936

Fund

Agriculture, Dept. of :

Regular Operations_____$ 156,000.00 $

Screw Worm Eradication 50,000.00

Farmers Market Funds.. Audits, Dept. of __________ Banking, Dept. oL _______

46,155.00 65,000.00 54,008.82

Comptroller-General. _____ 110,000.00

Education, Dept. of :

Regular School Fund___ Equalization ____________

4,564,600.00 3,134,313.31

Special Auto Sale Fund.

21.13

Malt Beverage Tax Fund 454,491.85

Entomology, Dept. oL ____ 50,000.00

Forestry & Geological

Dept._______________ -- 50,000.00

Game and Fish, Dept. oL 152,520.29

GoOvfefircneo_r_:_________________

20,000.00

Supervisor of Purchases 10,000.00

Public Buildings and

Grounds.... __________ Publishing Notices _____

30,000.00 2,000.00

21,060.00 $ 6,750.00 100% 8,775.00 100% 14,850.00
616,221.00 100% 100% 100% 6,750.00
6,750.00 100%
2,700.00 1,350.00
4,050.00 270.00

20,563.40 $ . 155,503.40 $ 43,250.00 46,155.00
56,225.00 54,008.82
95,150.00

153,163.40 $ 42,500.00
46,095.50
55,250.00 44,588.09
93,500.00

2,

340 750

..o0o0

General General

59 975

..o5o0

Allocated General

9,420.73 Allocated

1,650.00 General

3,948,379.00
3,134,313.31 21.13
454,491.85 43,250.00

3,859,041.25 3,087,447.15
00 150,893.26 42,500.00

89,337 75 General 46,866.16 Allocated
21.13 Allocated 303,598.59 Allocated
750 .00 General

43,250.00 152,520.29

42,500.00 152,481.64

750 .00 General 38 .65 Allocated

4,999.97 750.00

22,299.97 9,400.00

21,999.97 9,123.03

300 .00 General 276 .97 General

10,000.00 2,500.00

85,950.00 4,230.00

85,500.00 2,831.50

450 .00 General 1,398 .50 General

STATE OF GEORGIA

STATEMENT OF TREASURY OPERATIONS

YEAR 1936

Funds set up as available for 1936 by Executive Proclamation dated 2/17/36 as amended 9/14/36

setting up as continuing Appropriations for 1936 the appropriations for the year 1936 and transfer by

r

Executive Order dated 11/2/36.

Treas. Re-

Base Less :ProBata Add: Trans- Total set up Payments serve Cash

STATE AGENCY

Appro-

Reduction fers From As Available Made In

Balances Fund

priations Deficit In Emergency For 1936

1936

Dec. 31st,

For Year 1936 Revenue

Fund

1936

Governor: Cont'd.

AcCtso,desJ_o_u__r_n_a_l_s___a__n_d___ $ Rewards ________________ Insurance ______________ Emergency Fund________

15,000.00 $ 2,000.00 5,000.00 75,000.00

*Highway, Dept. of. ______ 12,565,384.71

Industrial Relations, Dept. of:

CoDmivmiseirocensa_n_d__L__a_b_o__r___

10,000.00

Wtoiroknm_e__n_s__C__o_m__p_e_n__s_a_-__

79,613.71

Institutions, Eleemosy-

nary: Board of ControL______ Public Welfare__________

15,000.00 20,000.00

Tutboerirucmul_o_s_i_s__B_a__n_i-______ 235,000.00

CoHnofmedee_r_a_t_e__S_o__ld__ie_r_s____

15,000.00

TrGaiinrlisn_g__S__c_h_o_o_l__f_o_r____ School for Deaf_________

35,000.00 75,000.00

2,025.00 270.00
100%
100%

$ (-)71,338.44

$ 12,975.00 1,730.00 5,000.00
12,565,384.71

$ 8,275.59 575.00 00
9,512,578.65

$ 4,699.41 General 1,155 .00 General 5,000.00 General 3,661.56 General
8,052,806.06 Allocated

1,350.00 100%
2,025.00 2,700.00 31,725.00 2,025.00 4,725.00 10,125.00

1,875.00

8,650.00 79,613.71

8,500.00 79,613.71

12,975.00 17,300.00
203,275.00
14,850.00
30,275.00 64,875.00

12,750.00 17,000.00
199,750.00
14,625.00
29,750.00 63,750.00

150 .00 General 00 Allocated
225 .00 General 300 .00 General 3,525.00 General 225 .00 General 525 .00 General 1,125 .00 General

STATE OF GEORGIA

STATEMENT OF TREASURY OPERATIONS

YEAR 1938

Funds set up as available for 1936 by Executive Proclam&tion dated 2/17/38 as amended 9/14/38

setting up as continuing A~propriations for 1938 the appropriations for the year 1935 and transfer by

Executive Order dated 11/2/38.



Treas. Re-

Base Less :ProRata Add: Trans- Total set up Payments serve Cash

STATE AGENCY

Appro-

Reduction fers From As Available Made In

Balances

priations Deficit In Emergency For 1938

1938

Dec. Slat,

For Year 1936 Revenue

Fund

1938

Fund

Institutions, Eleemosynary: Cont'd.

Scfheoctoilvefso_r__M___e_n_t_a_l__D__e_-$ Academy for Blind______

65,000.00 $ 38,000.00

Milledgeville Hospital___ 1,100,000.00

Training School for Boys Law, Dept. of_____________

35,000.00 30,000.00

Library:

Court Reports __________ M a i n t e n a n c e ____________

10,000.00 8,000.00

Library Commission ______ 10,000.00

Military, Dept. of: M a i n t e n a n c e ____________

40,000.00

Naval Stores Inspector ____

1,675.75

PrOisfofniceC_o_m__m__i_s_s_i_o_n__:______ Baldwin Farm__________
Tattnall Farm__________

30,000.00 90,000.00
15,000.00

Public Health, Dept. of___ 125,000.00

Public Service Com-

mission:

Utility Division_________ 69,554.81

8,775.00 $ 5,130.00 148,500.00 4,725.00 4,050.00
1,350.00 1,080.00 1,350.00
5,400.00 100'%
4,050.00 12,150.00
2,025.00 16,875.00
100%

$ 56,225.00 $ 55,250.00 $ 975 .00 General

32,870.00

32,300.00

570 .00 General

951,500.00 935,000.00 16,500.00 General

30,275.00

29,750.00

525 .00 General

25,950.00

16,500.00

9,450.00 General

3,766.30 1,000.00

12,416.30 7,920.00 8,650.00

12,266.30 7,800.00
8,500.00

150 .00 General 120 .00 General
150 .00 General

21,383.77

55,983.77 1,675.75

55,383.77 1,675.75

600 .00 General 00 Allocated

4,500.00

30,450.00 77,850.00 12,975.00 108,125.00

30,000.00 76,500.00 12,750.00 106,250.00

450 .00 General 1,350.00 General
225 .00 General
1,875.00 General

69,554.81

19,416.55 50,138.26 Allocated

STATE OF GEORGIA

STATEMENT OF TREASURY OPERATIONS 'Y'EAR 1936

Funds set up as available for 1936 by Executive Proclamation dated 2/17/36 as amended 9/14/36 setting up as continuing A~propriations for 1936 the appropriations for the year 1936 and transfer by Executive Order dated 11/2/36.

.HATE AGENCY

Base Less :ProBata Add : Trans- Total set up

Appro-

Reduction fers From As Available

prlations Deficit In Emergency For 1936

For Year 1936 Revenue

Fund

Payments Made In
1938

Treas. Reserve Cash Balances Dec. 31st,
1936

Fund

Revenue Commission :

Malt Beverage Tax Di-

vision.... ____________ .$ 14,056.41 $ 100%

$

C. & C. Tax Division.... 85,000.00

11,475.00

Income Tax Division.. 80,000.00

10,800.00

Motor Vehicle Division 90,000.00

12,150.00

Secretary of State: Regular____________ -----

26,750.00

3,611.26

Examining Boards ___ ... 61,674.51

100%

Securities Division....

9,408.51

100%

StMataeinTtreenaasnucrye_:_______ .. _.

26,000.00

3,510.00

Sinking Fund. _________ 100,000.00

10Q%

Interest on Fixed Debt.. 198,000.00

100%

InLteoraensst__o__n___C__u_r_r_e__n_t__ 150,000.00

100%

cWo.u&ntAs.__R_e__n_t_a_l_D__i_s_-____ 540,000.00

100%

GrRaonatdsst_o__C__o_u__n_t_i_e_s__f_o_r 2,813,951.44 Supreme Court_________ 73,000.00

100% 100%

$ 14,056.41 $ 14,028.52

73,525.00

72,250.00

69,200.00

50,121.09

77,850.00

66,261.71

23,138.75 61,674.51 9,408.51

22,737.50 52,703.87 9,156.31

22,490.00 100,000.00 198,000.00

16,180.30 72,000.00 146,375.03

150,000.00

00

540,000.00 495,000.00

2,813,951.44 2,267,927.07

73,000.00

67,800.24

$ 27 .89 Allocated
1,275 .oo General
19,078.91 General 21,588.29 General
401 .25 General 8,970.64 Allocated
252.20 Allocated
6, 309 .70 General 28,000.00 Allocated 51,624.97 General
150,000.00 General
45,000.00 Allocated
546,024.37 Allocated 5,199.76 General

STATE OF GEORGIA

STATEMENT OF TREASURY OPERATIONS

YEAR 1936

Funds set up as available for 1936 by Executive Proclamation dated 2/17/36 as amended 9/14/36 setting up as continuing Appropriations for 1936 the appropriations for the year 1935 and transfer by Executive Order dated 11/2/36.

Treas. Re-

STATE AGENCY

Ba.se Less : ProRata Add : Trans- Total set up

Appro-

Reduction fers From As Available

pria.tions Deficit In Emergency For 1936

For Year 1936 Revenue

Fund

Payments Made In
1936

serve Cash Ba.la.nces Dec. 31st,
1936

Fund

State Treasury: Oont'd

Oourt of Appeals _______$ Superior Oourt ________ _

74,000.00 206,000.00

$

100% 100%

$

Legislative Expense____ _ Land Title Fund_______ _

192,000.00 242.86

100% 100.%

National Forest Reserve_

3,524.66

100.%

Regents University Sys-

tem:

Maintenance___________ _ BUilding Fund ________ _

1,500,000.00 333,333.33

202,500.00 100%

VeMtearianntsenSaenrvciec_e__O__f_fi_c_e__:_ _ Pensions_______________ _

25,000.00 1,351,171.16

3,375.00 100%

$ 74,000.00 206,000.00 192,000.00 242.86 3,524.66

$ 72,280.00 $ 1,720.00 General

204,761.87

1,248.18 General

4,079.78 187,920 .22 General

00

242 .86 Allocated

3,524.66

00 Allocated

1,297,500.00 333,333.33
21,625.00 1,351,171.16

1,275,000.00 333,333.33
21,250.00 973,198.53

22,500.00 General 00 General
375 .00 General 377,972.63 Allocated

TOTAL FOR CURRENT BUDGET OPERATIONS From General Funds____$10,264,683.33 $ 1,209,377.25 From Special Allocated
Funds ________________ 21,451,768.93
-----
TOTALS above Schedule ___________$31, 716,452.26 $ 1,209,377.25

$ 9,055-,306.08 $ 8,433,555.66 $ 621,750.42 21,451,768.93 16,982,329.26 4,469,439.67
$30,507,075.01 $25,415,884.92 $5,091,190.09

STATE OF GEORGIA

STATEMENT OF TREASURY OPERATIONS

YEAR 1936

Funds set up as ava.ila.ble for 1936 by Executive Proclamation dated 2/17/36 as amended 9/14/86 setting up as continuing Appropriations for 1936 the appropriations tor the year 1936 and transfer by

Executive Order dated 11/2/36.

STATE AGENCY

Base Less :ProRata Add : Trans- Total set up

Appro-

Reduction fers From As Available

priations Deficit In Emergency For 1936

For Year 1936 Revenue

Fund

Payments Made In
1936

Treas. Resene Cash Balances Dec. 31st,
1936

Fund

*Adding additional Funds set up to credit of Highway Dept. Special Funds 2b/y36E. _x_e_c_u_t_i_v_e__o__r_d_e_r___1_1_/$ 144,314.98 $
-----
TOTAL for Current Budget Operations
From General Funds____$10,264,683.33 $ 1,209,377.25 From Special Funds ____ 21,596,083.91
-----
TOTAL for 1936______$31,860,767 .24 $ 1,209,377.25

$ 144,314.98 $ 00 $ 144,314.98 Special
$ 9,055,306.08 $ 8,433,555.66 $ 621,750.42 General 21,596,083.91 16,982,329.26 4,613,754.65 Special $30,651,389.99 $25,415,884.92 $5,235,505.07

THURSDAY, JANUARY 14, 1937.

107

Senator Atkinson of the 1st District asked unanimous consent that Senators having bills and resolutions to intrOduce be permitted to do so at this time and the consent was granted.

The following bills of the Senate were introduced, read first time and referred to committee:
By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 6. A bill to be entitled an Act to amend Sections 65-203, 65-204, 65-207, 65-213, and 65-214 of the Code of Georgia of 1933, relating to non-profit cooperative marketing associations under the Act of 1921, so as to require petitions for articles of incorporation of such associations to state the names and addresses of the proposed directors for the first term and until the election of their successors; and for other purposes.

Referred to Committee on General Judiciary No.2.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 7. A bill to amend Section 37-607 of the Code of Georgia, relating to the construction and manner of exercise of powers of sale in deeds, mortgages, and other instruments, so as to provide who may exercise such powers and the manner of exercise when the grantor or donor of the power is dead; and for other purposes.

Referred to Committee on General Judiciary No.2.
By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-

108

JouRNAL OF THE SENATE,

Senate Bill No. 8. A bill to amend Code Section 31-110 to provide that dower shall be barred by a sale by an administrator or executor under authority of a competent court or a power in a will prior to application for dower; and for other purposes.
Referred to Committee on General Judiciary No.2.
By Senators Williams of the 5th District, Atkinson of the 1st District,, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 9. A bill to provide that the finding or judgement of a court of competent jurisdiction in a proceeding to test the sanity and mental capacity of a person shall, on the date of its rendition, be conclusive of his sanity and mental capacity; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 10. A bill to provide that prescription shall not run against the owner or holder of a mortgage, deed to secure debt, bill of sale to secure debt, or other instrument creating a lien on or conveying an interest in real or personal property as security for debt; and for other purposes.

Referred to Committee on General Judiciary No. 2.

By Senators Almand of the 50th District, Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, and Purdom of the 46th District-
Senate Bill No. 11. A bill to provide for the filing> recordation and indexing, of plats, or blue print, tracing> photostatic or other copy or plat of real estate; and for other purposes.

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109

Referred to Committee on General Judiciary No. 2.
By Senators Williams of the 5th Dist~ict, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 12. A bill to provide that any person who has been or may be discharged from the Milledgeville State Hospital shall after the date of his discharge be prima facie presumed to be and continue of sound mind and mental capacity; and for other purposes.

Referred to Committee General Judiciary No. 2.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 13. A bill to regulate the assignment of policies of incorporated mutual or cooperative fire insurance companies; and for other purposes.

Referred to Committee on General Judiciary No.2.

By Senator Aultman of the 23rd District-
Senate Bill No. 14. A bill to provide for holding three regular terms a year of the Superior Court of Peach County, Georgia; and for other purposes.

Referred to Committee on Special Judiciary.

By Senators Burgin of the 24th District and Terrell of the 19th District-
Senate Bill No. 15. A bill to amend the constitution of the State of Georgia so as to change the paragraph relating to the passage of local or special bills; and for other purposes.

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Referred to Committee on Amendments to the Constitution.

By Senator Allen of the 31st District-
Senate Bill No. 16. A bill to amend Code Section 46208 relative to garnishment exemption~; and for other purposes.

Referred to Committee on General Judiciary No. 1.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 17. A bill to limit to five years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; and for other purposes.

Referred to Committee on General Judiciary No.2.

By Senator Williams of the 5th District-
Senate Bill No. 18. A bill to amend Code Section 38418, relating to confidential communications excluded from evidence; and for other purposes.

Referred to Committee on General Judiciary No. 1.
By Senator Almand of the 50th District-
Senate Bill No. 19. A bill authorizing and directing the State Librarian to deliver to the Library of the University of Georgia Law School certain publications and providing for the use of this material; and for other purposes.

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111

Referred to Committee on University System of Georgia.

By Senator Almand of the 50th District-
Senate Bill No. 20. A bill to repeal Code Section 51105 relative to tags being attached to bags or packages of fertilizer sold within this State; and for other purposes.
Referred to Committee on Agriculture.

By Senator Almand of the 50th District-
Senate Bill No. 21. A bill to repeal an Act which relates to the unlawful sale of planting seed within the State; and for other purposes.

Referred to Committee on Agriculture.
The following resolutions of the Senate were introduced, read first time and referred to committees:
By Senator Almand of the 50th District-
Senate Resolution No. 8. A resolution authorizing certain County Officials to deposit in the Library of the University of Georgia certain Old Newspapers and Printed Documents; and for other purposes.

Referred to Committee on University System of Georgia.

By Senators Greer of the 13th District and Chason of the 8th District-
Senate Resolution No. 9. A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution permitting the General Assembly to delegate to any County the right to levy a tax to furnish medical care and hospitalization for indigent sick people of the County; and for other purposes.

Referred to Committee on Amendments to Constitution.

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The following resolution of the Senate was read and adopted:

By Senators Atkinson of the 1st District and Chason of the 8th District-

Senate Resolution No. 10. A resolution providing that the General Assembly of Georgia reconvene in regular session at 10:00 o'clock, A. M., on Monday, January 25, 1937.

Senator Terrell of the 19th District asked unanimous consent that Senate Resolution No. 10 be immediately transmitted to the House, and the consent was granted.

The following resolution of the Senate was read: By Senators Williams of the 5th District and Purdom of
the 46th District-
Senate Resolution No. 11. A resolution.

Whereas, The Atlanta Constitution, a daily newspaper, published in the City of Atlanta under the able direction of Major Clark Howell, did in its issue of January 12, 1937, have a very timely editorial entitled "Don't 'Pan' The Legislature," and,

Whereas, said editorial was in keeping with the spmt and purpose of the present administration, and was most wholesome and constructive, a copy of said editorial being hereto attached, and made a part hereof.

Therefore, be it resolved, by the Senate that we commend and approve the fine spirit and good judgment that prompted said editorial; and we commend it to the atten tion of other newspapers and parties interested throughout the State of Georgia.

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113

By order of the Chair, the Secretary read the following editorial from the Atlanta Constitution, dated January 12, 1937:

DON'T "PAN" THE LEGISLATURE
The general assembly in the past has often been subjected to destructive criticism which has acted as a serious bar to businesslike and progressive conduct of the legislative branch of the state government.
It would be tragic if such interference and condemnation should handicap the vitally important session which convened yesterday.
The general assembly contains many members of ability and long experience. Its presiding officers are outstanding leaders of public thought in the state and its members as a whole are sound and conservative citizens from all walks of life. There are perhaps a few not fully qualified to render intelligent and far-sighted service, hut criticism of the entire legislature based on the unfitness and mistakes of a few, will be both unfair and unwise.
The representative. men and wqmen who constitute the bulk of the membership of this legislature have evidenced an earnest determination to serve the state unselfishly and to the full extent of their ability. Many of them are sacrificing personal interests in order patriotically to aid in giving Georgia the best possible state government.
This spirit of patriotism and loyalty to the ideals of good government on the part of the members of the general assembly is in sharp contrast to the motives which all too often actuate those who have aimed destructive shafts of criticism at past assemblies. It ill becomes those who neglect the duties of citizenship, even to the extent of

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failing to vote, to criticize legislators zealously laboring to give the state the best possible governmental service at the lowest possible cost.

If this legislature is to successfully solve the multitude of trying problems with which it is faced it must be permitted to go about its duties free of such censure.

There will, and should be, honest differences of opinion, not only among the legislators themselves, but perhaps between the legislature and the public-but that does not mean that a Pandora's box of denunciation should be opened.

Friends and business associates differ, but mutual respect for the sincerity of each other, and the knowledge that unwise critici!1m can only be destructive, prevents such differences from leading to bitter controversies.

All too frequently in the past no stich wise course has been follqwed in the attitude of the public toward the legislature.

The enactment of a bill-and sometimes even its consideration-has brought a storm of criticism and condemnation from individuals and organizations whose selfish interests were affected and the state as a whole has suffered.

Legislators are not seers and prophets whose every act should be approved, but there can be no doubt that the intelligent men and women who compose the present general assembly will earnestly and conscientiously direct their efforts toward making Georgia a better place in which Georgians can live and work.
So don't "pan" the legislature-at least before it has a chance to show what it can do toward bettering existing conditions.

THURSDAY, }ANUARY 14, 1937.

115

It is evident that, to an unprecedented degree, petty political considerations and unselfish personal interests will be barred by the members of this legislature in their effort to solve the problems with which they are faced.

Certainly the people of the state, whatever their position or their occupation, should, at the present critical time in the affairs of the state, exhibit a similar unselfish and constructive spirit in their attitude toward the efforts of the public servants they intrusted with an arduous and difficult task.

With such a spirit of co-operation on the part of the public, the leaders and the rank and file of this legislature can be depended upon to work out a program of reforms that will enable the state to take a far step forward toward better, more efficient and more economical government.

The resolution was adopted.

The President at this time introduced to the Senat.e Hon. Clark Howell, President and Publisher of The Atlanta Constitution, who addressed the Senate briefly.

The following resolution was read and adopted:

By Senators Atkinson of the 1st District and Purdom of the 46th District-
Senate Resolution No. 12. A res<:>lution authorizing the President to appoint a committee of two members of the Senate to attend the Third General Assembly to be held in Washington, D. C., and for other purposes.

The President appointed as a delegation under the above resolution Senators Purdom of the 46th District and Phillips of the 29th District.

\

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The members of the Senate, at this time, were presented with passes to the Lucas & Jenkins Theatres of Atlanta.

The Secretary announced that he had in his possession a report from Hon. Eugene Talmadge, which was read:

January 12, 1937.

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 14, 1935.

I call attention of the General Assembly to a part of this report styled-
" Special Probations recommended by trial Judge".
Formerly 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, I 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 reported under the head of special probations, under the old practice would not otherwise have been reported to the 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.

THURSDAY, JANUARY 14, 1937.

117

RESPITES-1935
JOHN HENRY: Carroll County; manslaughter; Prison Commission requires additional time to study case; respite granted for a period of fifteen days from January 15, 1935.
ROBERT HARGROVE: Effingham County; murder; time requested by Sheriff and Senator J. C. Beasley so that officers may investigate and determine whether it is possible to secure sufficient evidence to convict other parties who were indicted; respite granted for a period of thirty days from January 23, 1935.

ALBERT RIVERS: Screven County; rape; Prison Commission requests time to hear and determine the disposition of an application for commutation of the death sentence to life imprisonment; respite granted for a period of thirty days from January 25, 1935.

AARON ABELSON: Criminal Court of Fulton County; cheating and swindling; has not had ti,me to complete restitution and the paying of the court cost,s; respite granted for a period of two weeks from February 5, 1935.

SYKES MOBLEY: Clarke County; sodomy; applica. tion for pardon has been made in order that he might go to a Veterans Hospital for treatment; he is granted a furlough for and during the time he is confined in the U. S. Veterans Hospital at Oteen, N. C. Granted February 13, 1935.

JOHN HENRY: Cobb Superior Court; involuntarymanslaughter; it has been made to appear that this man had a good previous record and he has been granted commutation on payment of a fine of $100.00; respite of thirty days from February 13, 1935, in order that he may raise fine.

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ALLEN AND LOUIS DELESHAW AND JAMES BULLINGTON: DeKalb County; burglary; furlough thirty days from February 19, 1935 is granted and said parties above named are to serve balance of three years under parole, subject to their good behavior and to rules and conditions as required by Prison Commission.

CARL GOODSON: Walker County; arson; Governor requests additional time in order to consider the case; respite of thirty days from February 26, 1935 is granted.

WILLIE SAM GRIMES: Webster County; murder; Prison Commission requested time in which to look into the case and make recommendations; respite granted for a period of thirty days from March 1, 1935.

D. BLUSTEIN: Fulton County; arson; great many responsible citizens of Fulton County doubt his guilt and want opportunity to present case to Prison Commission before he begins sentence. Respite of thirty days from March 2, 1935, is granted.
CHARLIE STONE: Fulton County; rape; Governor requests time to consider case; respite granted for a periOd of thirty days from March 21, 1935.
HENRY HARDEN: Washington County; murder; Prison Commission requests time in which to look into the case and make recommendation; respite granted for a period of thirty days from March 21, 1935.
ROBERT PAYNE: Fulton County; murder; Governor requests time in which to consider case; respite of thirty days from March 21, 1935, is granted.
E. M. DIAMOND: City Court of Decatur; misdemeanor-soliciting law practice; citizens of Decatur request sufficient time within which to present application to the Prison Commission; respite of forty days from March 26, 1935, is granted.

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119

JOE WYATT: Walker County; involuntary manslaughter; Prison Commission requests time in which to consider the application for clemency; respite is granted for a period of twenty days from January 23, 1936.

JOE WYATT: Walker County; involuntary manslaughter; Governor requests time in which to consider the case; respite is granted for a period of 30 days from February 1, 1935.

JEFF AND G. B. HUEY: Cherokee County; misdemeanor-criminal trespass; time requested in which to consider application before Prison Commission; respite is granted for a period of fifteen days from March 27, 1935.

HAROLD DUREN: City Court of Decatur; bastardy; Prison Commission requests time in order that they may consider application for clemency; respite is granted for a period of thirty days from March 28, 1935.

ROBERTY MULLINAX: Floyd County; murder; Prison Commission requests sufficient time in which to study the facts in case; respite is granted for a period of thirty days from April 12, 1935.

T. H. BENNETT: City Court of Blackshear; cheating and swindling; time is requested in order that he may raise fine; further extension is granted until September 1, 1935.

J. THURMOND ANDERSON: Talbot County; assault with intent to murder; time requested in order that Prison Commission may have time to consider the application; respite is granted for a period of thirty days from April 16, 1935.

J. THURMOND ANDERSON: Talbot County; assault with intent to murder; Prison Commission not having

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passed on case additional time is needed; respite is granted for a period of thirty days from May 14, 1935.

JEFF AND G. B. HUEY; Cherokee County; misdemeanor--criminal trespass; application still pending before the Prison Commission who has not been able to finish it; respite is granted for a period of 15 days from April16, 1935.

JAMES E. SHERMAN: Cherokee County; burglary two cases; County Physician Ordinary and County Commissioner of Forsyth County requested that this man be permitted to go to hospital for operation and treatment; furlough is granted for a period of thirty days from April 18, 1935.

BUREL DAWSON: Fulton County; murder; it appears that some investigation should be made for the purpose of arriving at the truth of the evidence; therefore Governor requests time to investigate case properly; respite is granted for a period of thirty days from May 23, 1935.

C. E. ROWLAND: Fulton County; larceny after trust; prosecutor in case recommends clemency on account of the fact that Rowland has made satisfactory arrangement to reimburse her; respite is granted for a period of ten days from date, May 27, 1935.

C. E. ROWLAND: Fulton County; larceny after trust; furlough of sixty days from June 7, 1935, is granted for purpose of making restitution.

WALTER CUTLIFF: Fulton County; lottery; petition for clemency has been presented and this office is unwilling
to consider same until after it has been passed on by the Prison Commission; respite is granted for a period of thirtyfive days so Prison Commission may consider case; June 28, 1935.

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121

S. L. COOPER: Criminal court of Fulton County; liquor; Prison Commission requests time in order to consider case; respite is granted for a period of thirty days from June 29, 1935.

OSCAR ASHWORTH: Whitfield County; possessing liquor; Prison Commission requests time to consider case; respite is granted for a period of thirty days from July 5, 1935.

E. J. HUGGINS: Chattooga County; misdemeanor; request made by Mr. A. H. Glenn, Summerville in order that Mr. Huggins may finish crop; furlough granted from July 8 until November 1, 1935.

C. E. ROWLAND: Fulton County; larceny after trust; time to make restitution is requested and concurred in by the Solicitor General; respite is granted for a period of sixty days from August 7, 1935.

T. R. BERRY: Fulton County attempted robbery; applicant requests time in which to present his case to the Prison Commission; respite is granted for a period of thirty days from July 11, 1935.

C. C. GRIGGS, ALIAS LUM GRIGGS: Talbot County; burglary; requests respite so as to enable him to produce the party whom he says actually committed the burglary; respite for a period of thirty days from July 26, 1935 is granted.
W. L COWAN: Newton County; violating prohibition
law; Prison Commission requests time in which to consider the application; respite is granted for a period of thirty days from July 30, 1935.
HAROLD BOOTH: Newton County; misdemeanor; Prison Commission, Solicitor General and Sheriff of Newton

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County recommend respite in order that application can be filed for reduction of sentence; respite for a period of thirty days from September 14, 1935 is granted.;

J. D. BYRD: Criminal Court of Atlanta; selling liquor; Prison Commission recommends time in which to consider case; respite is granted for a period of thirty days from September 16, 1935.

ROBERT RILEY: Fulton County; murder; Prison Commission and Governor request time to consider application for commutation; respite is granted for a period of thirty days from September 16, 1935.

MARVIN A. HONEA: Fulton County; counsel for applicant has made application to Prison Commission for commutation and Prison Commission hasn't time to properly consider case; respite is granted for a period of thirty days from October 9, 1935.

SAMUEL L. McKEE: DeKalb County; furlough requested in order that applicant may receive medical attention and care of his family; furlough is granted for a period of thirty days from October 16, 1935.

PAUL DOWDY: Physicians at State farm certify that applicant is in bad mental condition and should be sent to Veterans Hospital for treatment; furlough granted indefinitely from November 23, 1935.

THOMAS JUNIOR ROBINSON: Fulton County; robbery; Prison Commission requests time to consider application; respite is granted for a period of thirty days from November 20, 1935.

BUDDIE DOYAL: Fulton County; driving automobile while intoxicated; counsel for defendant shows that he is

THURSDAY, jANUARY 14, 1937.

123

unable to pay fine and is making application for clemency with the Prison Commission; respite is granted for a period of thirty days from November 12, 1935.

JOHN D. BATCHELOR: Serving life sentence at Milledgeville needs treatment at Veterans Hospital; Judge Stanley recommends furlough in order that he may go to Oteen, N. C.; furlough is granted beginning November 27, 1935.

CHARLES P. STEWART: Clayton County; involuntary manslaughter; Prison Commission needs time in which to study case; respite is granted for a period bf forty days from December 5, 1935.

EDDIE B. BOWEN:. Douglas County; murder; Prison Commission has requested additional time in which to consider applic.ation for commutation; respite is granted for a period of thirty days from December 12, 1935.

THOMAS JUNIOR ROBINSON: Fulton County; respite was granted on November 20, 1935 in order for the Prison Commission to have time in which to study his application; it appears that more time is required in this case; respite is granted for a period of fifteen more days from December 20, 1935.

JOHN W. LASSETER: Monroe County; possessing liquor; appllcation is pending before the Pris~n Commission
and time is neede,d in which to study the case; respite of
forty days from December 19, 1935, is granted.

WILLIS COLLINS: Crawford County; misdemeanor; time is needed in which to present case to Prison Commission; respite is granted for a period of time from December 19 until February 1, 1936.

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JouRNAL OF THE SENATE,

LUTHER THOMAS: Fulton County; murder; Prison Commission needs time in which to study application for commutation; respite is granted for a period of thirty days from Decemher 27, 1935.

JESSE OR TACK LAMINACK: Haralson County; rape; Prison Commission recommended thirty day respite; respite is granted from December 21~ 1935 to February 1, 1936.
JOHN D. BATCHELOR: Was granted a respite on November 27, 1935, in order that he might enter Veterans Hospital at Oteen, N. C.; it is shown that further time is required for treatment; additional respite of thirty days is granted.
H. M. HALE: Walker County; simple larceny; unable to pay fine and 'costs and has filed application with Prison Commission; Prison Commission unable to hear case prior to third Monday in February, 1936; respite granted for a period of thirty days from January 16, 1936.

SAMMIE ARMSTRONG: Whitfield County; murder; Prison Commission requests time to consider case; respite is granted for a period of thirty days from January 24, 1936.

HOMER ABERCROMBIE: Coweta County; voluntary manslaughter; the Judge, Jury and other county officers recommend pardon; time is needed to post notice and have his case considered; respite is granted for a period of thirtyone days from January 17, 1936.

TERRELL LOUGHRIDGE: Whitfield County; murder; Commission requests time in which to consider application for clemency; respite is granted for a period of thirty days from January 21, 1936.

THURSDAY, JANUARY 14, 1937.

125

OLIN SMITH: Olin Smith, who is serving sentence at the State farm is desperately ill and the doctor and warden report that he will probably be confined to bed for remainder of life; furlough of thirty days from January 23, 1936, is granted so that he may remain home with mother during this time.

JOHN DANIELS: Was granted respite of thirty days on December .13, 1935; Granted addition respite of thirty days from January 28, 1936.

EMERSON LAMPKIN: Emmerson Lampkin, who is serving in Polk County is desperately ill and needs furlough to receive treatmep.t at home; furlough is granted for fifteen days from February 25, 1936.

LLOYD G. SHIVERS: Warren County; rape; counsel requests time to present case to the Prison Commission; respite of forty days from January 23, 1936, is granted.

LLOYD G. SHIVERS: Warren County; rape; respite was granted January 23, 1936 for a period of forty days; the Solicitor General who opposes case was not able to appear before the Commission and wishes to be heard; additional thirty days is granted from March 2, 1936.

C. 0. PERRY: Crisp County; embezzlement; Prison Commission requests additional time to consider case; respite is granted for a period of ten days from March 5, 1936.
C. 0. PERRY: Crisp Countor; embezzlement; applied for a stay of sentence so that he may straighten out business affairs and other arrangements before beginning ~ervice of sentence; respite is granted for a period of thirty days from February 5, 1936.

JIM WILSON: Pike County; murder; counsel requests time to prepare application to Prison Commission for com-

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JouRNAL oF THE SENATE,

mutation to life imprisonment; respite is granted for a period of thirty days from April 17, 1936.

CLIFFORD MARTIN: Crisp County; seduction; applicant requests time to present application for clemency to the Prison Commission; respite is granted for a period of thirty days from April 14, 1936.

L. W. DUKE: Fulton County; passing bad checks;

wife is in critical condition and furlough is requested in

order that he may go be with her; furlough of five days

from March 24, 1936, is granted.



CHARLES M. COOPER: Fulton County; murder; counsel requests additional time to secure evidence from the State of Florida; respite is granted for a period of thirty days from April 10, 1936.

WALTER CUTLIFF: Fulton County; lottery; applicant's brother is very ill at Georgia Baptist Hospital and he wishes to be allowed to visit him for purpose of giving blood transfusion; respite is granted for a period from April 25, 1936 until Tuesday, April 28, 1936.

WALTER CUTLIFF: Fulton County; lottery; furlough was granted applicant in order that he might give blood transfusions to brother who 'is very ill; applicant is hereby allowed to visit brother should it be necessary for him to again give blood for his brother. Ordered April 28, 1936.

SAMMIE ARMSTRONG: Whitfield County; murder; requests time so he may present case to Prison Commission; respite is granted for a period of thirty days from April 24, 1936.

F. M. MILES: Whitfield County; murder; counsel requests time to present application to Prison Commission; respite of thirty days from April 24, 1936 is granted.

THURSDAY, JANUARY 14, 1937.

127

G. 0. ANDERSON: Taylor County operating auto while drunk; application has been made to Prison Commission; respite is granted for a period of thirty days from April 21, 1936.

L. J. BENNETT: Fulton County; abandonment; ap-

plication is to be made to Prison Commission for pardon;

respite is granted for a period of forty days from April 28,

1936.

.

GEORGE S. VINSON: City Court of Bainbridge; violating motor vehicle law; time requested for Prison Commission to consider case; respite is granted for a period of thirty days from May 7, 1936_.

CLIFFORD MARTIN: Respite given Clifford Martin April 14, 1936 shall be continued through May 28, 1936, in order that case may be studied.

CHARLES M. COOPER: Fulton County; murder; Hon. John A. Boykin desires additional time in which to investigate case; respite is granted for a period of thirty days from May 25, 1936.

WALTER CUTLIFF: Fulton County; lottery; additional furlough is granted from May 25, 1936 until May 28, 1936.

T. B. HANNAH: Chattooga County; transporting and possessing liquor; requests time in which to raise fine; respite is granted for a period of ten days from May 28, 1936.

DEMPS CHARLES: Hall County; murder; additional time is needed in which to consider the case; respite of thirty days is granted from June 5, 1936.

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JouRNAL oF THE SENATE,

ELI MELTON: Muscogee County; robbery and rape; Prison Commission requests time in which to consider case; respite is granted for a period of thirty days from August 28, 1936.

T. B. HANNAH: Chattooga County; transporting and possessing liquor; additional time is requested in order that he may raise money for fine; respite of twenty days is granted from June 6, 1936.

BUDDY HART: Violation of prohibition law; counsel requests time in which to properly present the case; respite of thirty days is granted from June 4, 1936.

R. M. PATTERSON: City Court of LaGrange; vialating the prohibition law; Patterson was granted a respite on April 22, 1936, but additional time is requested; respite is granted for an additional ten days from June 5, 1936.

R. M. PATTERSON: City Court of LaGrange; vialating the prohibition law; Attorneys have requested time in order to consider his application; respite of forty days is granted from April 22, 1936.

R. M. PATTERSON:. City Court of LaGrange; violating prohibition law; additional time is needed to consider application for clemency; respite is granted for an additional ten days from June 15, 1936.

BUDDY HART: City Court of LaGrange; violating prohibition law; counsel requests additional time to study application; respite is granted for a period of thirty days from June 12, 1936.

WILLIAM SISK: Fulton County; murder; respite was granted for thirty days from June 17, 1936, but additional time is needed for Prison Commission to study case; respite is granted for additional fifteen days from September 4, 1936.

THURSDAY, JANUARY 14, 1937.

129

WILLIAM SISK: Fulton County; murder; counsel made application to Prison Commission and the Commission requests additional time in which to study the case; respite of thirty days from June 17, 1936, is granted.

CLARENCE WYNENS: Heard; murder; Attorney requests time to present application for commutation to PriSon Commission; respite is granted for a period of thirty days from July 24, 1936.

SAMMIE ARMSTRONG: Whitfield County; murder; member of the Prison Commission requests additional time to review case; respite is granted for a period of ninety days from July 7, 1936.

WINTON BOYER: Hancock County; murder; Prison Commission requests time to investigate the merits of the case and make recommendation; respite is granted for a period of forty-five days from July 24, 1936.

GOLDEN MITCHEM: Fulton County; larceny of auto and altering motor number; Prison Commission requests time in which to study the case; respite is granted for a period of fifty days from July 23, 1936.

ARTHUR BURDEN: Bibb County; murder; Prison Commission requests additional time so that counsel for negro may have time to prepare application for clemency; respite is granted for a period of forty.:.five days from July 24, 1936.

FRANK SMITH: Coweta County; murder; time is requested so that he may be re-examined and in order that he may be studied by a lunacy commission to determine his mental condition; respite is granted for that purpose;
July 28, 1936.

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JouRNAL oF THE SENATE,

JOHN GIBBS: City Court of Athens; possessing liquor; time is requested in order that his case may be considered; respite is granted from August 24, 1936 until September 15, 1936.

FRED FAIR: Fulton County; murder; Prison Commission requests time to consider application for commutation of the death sentence; respite is granted for a period of thirty days from September 4, 1936.
F. M. MILES: Whitfield County; murder; a member of the Prison Commission requests additional time to review case; respite is granted for a period of ninety days from July 7, 1936.

FRANK SMITH. Coweta County; murder; respite was granted July 28, 1936, but additional time is needed to study his case; respite is granted for an additional fifteen days from September 14, 1936.

MONROE HALE: City Court of LaGrange; counsel requests time in which to present the case to the Prison Commission; respite is granted for a period of thirty days from date, September 24, 1936.

CLAUDE CAULEY: Ben Hill County; possessing li-
quor; Prison Commission requests time in order to consider case; respite is granted for a period of thirty days fr~m October 19, 1936.

CHARLIE WREN: City Court of Richmond County; operating disorderly house; counsel requests time in which to file application; respite is granted for a period of forty days from October 8, 1936.

DENNIS HEARD: F9rsyth County; he escaped February 28, 1936, and has returned to finish serving his sen-

THURSDAY, JANUARY 14, 1937.

131

tence; he requests a few days in which to visit his home and attend to certain matters; furlough is given from October 5, 1936 until October 12, 1936.

TOMPIE SOUTHERS: Union County; burglary; he escaped and has returned to finish serving his sentence and has asked for a few days in which to visit his home and attend to certain matters; furlough is granted for fifteen days from October 5, 1936.

WRIGHT MORRIS: Dooly County; robbery; claims have been made that applicant is innocent and requests time in order that application may be filed with the Prison Commission; respite of forty days is granted from October 2, 1936.

JULIAN McDUFFIE: Dooly County; robbery; claims have been made that applicant is innocent and requests time in order that application may be filed with the Prison Commission; respite is granted for a period of forty days from October 2, 1936.

CHARLIE HALE: City Court of Troup County; possessing liquor; Prison Commission requests time in which to consider case; respite is granted for a period of thirty days from September 17, 1936.

HENDERSON H. GAMBLE: Fulton County; larceny of auto; attorneys request additional time in which to present case to Prison Commission; respite is granted for a period of thirty days from October 21, 1936.

SAMUEL SIMS: Fulton County; robbery; applicant's mother is seriously ill and furlough is requested in order that he may visit his mother; furlough is granted from Navember 4, 1936 through November 25, 1936.

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jOURNAL OF THE SENATE~

WRIGHT MORRIS: Dooly County; robbery; Prison Commission requested time in which to study his application for clemency, former respite has expired and additional time is needed; respite is granted for a period of thirty days from November 6, 1936.

JULIAN McDUFFIE: Dooly County; robbery; Prison Commission requested time in which to study his application for clemency; former respite has expired and additional time is needed; respite is granted for a period of thirty days from November 6, 1936.

MRS. PEARL LOVINGER: Fulton County; lottery; she requests time to file application for clemency with the Prison Commission; respite of thirty days is granted from November 2, 1936.

CHARLIE WREN: City Court of Richmond County; disorderly house; former respite has expired and his attorney has asked for additional time in which to raise fine; respite is granted for a period of ten days from November 18, 1936.

MRS. PEARL LOVINGER: Fulton County; lottery; additional time is required in this case; respite is granted for additional thirty days from December 2, 1936.

CHARLES P. STEWART: Clayton County; involuntary manslaughter; respite is granted for a period of time from November 16, 1936, until November 26, 1936.

WILLIAM MURRAY: Franklin County; murder; application has been filed with Prison Commission and there is not sufficient time in which to study the case, respite is granted for a period of thirty days from December 28, 1936.

JAMES LAMAR LOKEY: McDuffie County; possessing liquor; Prison Commission requests time to consider application for clemency; respite of thirty days is granted from December 14, 1936.

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133

JOHN DANIELS AND DEMPS CHARLES: Hall County; murder; respite is requested for John Daniels as it is felt that he should not be electrocuted until the case of ,Demps Charles has been disposed of by the Supreme Court; respite is granted for a period of thirty days from December 27, 1935.

G. 0. ANDERSON: Taylor County; operating auto while drunk; respite was granted April 21, 1936, in order to make application to Prison Commission; it has been shown that additional time is needed in which to pay fine; respite is granted for a period of thirty days from May 21, 1936.

WILLIE FRANK CATO: Warren County; murder; Prison Commission requests time in order to consider application for clemency; respite is granted for a period of thirty days from January 8, 1937.

PROBATIONS-1935
All probations recommended by the Prison Commission except where stated.
ALBERT ALLEN: May term, 1934; Superior Court, Fulton County; robbery; 12 months; good prison record; recommended by deputy warden, operator of car who was held up; Superintendent of Transportation of Georgia Power Co.; and officers familiar with case; probated January 14, 1935.

EDWARD SABLE: June term, 1933; City Court of Savannah; gambling; 6 months or $500.00; good prison record for practically half of sentence; probated January 18, 1935.~~&f.llibS.;il-...all8 18111~a~~
-~--- - - - - ' - - . . . : . . 1 1
R. B.~ FORTUNE: December term, 1932; Superior Court, Gwinnet County; cheating~and swindling; 6 months

134

JouRNAL oF THE SENATE,

or $50.00; recommended by county officials, trial jurors and a number of responsible citizens; probated January 21, 1935.

T. B. STANLEY: June term, 1934; City Court of Dublin; assault and battery; 12 months; good prison record; recommended by prosecutor and solicitor; probated January 22, 1935.

JERDE WHITTEN: October term, 1934; City Court of Jonesboro; speeding; 9 months or $75.00; good prison record; recommended by prosecutor; chief of police, arresting officer, warden and large number of citizens; probated January 23, 1935.

BEN RAIDEN: October term, 1934; Criminal Court of Atlanta; possessing liquor; 6 months; good prison record; clemency recommended by judge and solicitor; probation granted January 23, 1935.

JOHN MORRIS: August term, 1934; Superior Court

of Paulding County; having liquor apparatus-still; 12

months; good prison record; recommended by trial judge;

probated January 23, 1935.



DAVE MEADOW: October term, 1934; City Court of Danielsville; possessing liquor; 9 months; needy condition of family; recommended by sheriff of Madison County, county police and others; probated on payment of $25.00 to include costs of court, on January 23, 1935.

S. A. CRAWFORD: November term, 1933; City Court of Savannah; gambling; 8 months or $500.00; good prison record; recommended by Mayor of Savannah; probated January 24, 1935.
ARTHUR HUNT: March term, 1934; City Court of Colquitt County; misdemeanor (stealing chickens); 12

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135

months; good prison record; youth of applicant; probation gra,nted January 24, 1935.

MULLIS BLANTON: July term, 1934; City Court of Lyons; misdemeanor; 12 months; good prison record; recommended by trial judge, prosecutor and number of citizens of Toombs County; probated January 25, 1935.

W. M. FAIN, JR.: November term; 1934; City Court of Decatur; driving while drunk; 6 months in jail; good prison record; recommended by jailor of DeKalb County and large number of citizens; probation granted January 26, 1935.

CHARLIE HERMAN ADAMS: August term, 1934; City Court of Lexington; misdemeanor; 12 months; good prison record; recommended by prosecutor, judge, solicitor, warden, and others; probation granted January 30, 1935.

A. C. COKER: March term, 1933; City Court of Atlanta; violating prohibition law; 12 months and 12 months; good prison record; clemency recommended by responsible citizens, warden and guards, and a number of officials and citizens of Cobb County (his home county); probation granted January 30, 1935.

W. G. BALDWIN: September term, 1934; City Court of Savannah; cheating and swindling, and escape; 6 months and 4 months; good prison record; recommended by warden, trail judge and others; probated February 2, 1935.

QUENTON BLACK: October term, 1934; City Court of Newnan; misdemeanor and drunkenness; 6 months; good prison record; recommended by trial judge, solicitor, sheriff, clerk of Superior Court, warden; probated February 2, 1935.

136

JOURNAL OF THE SENATE,

GEORGE HAMMELL: January term, 1935; City Court of Darien County; simple larceny; 12 months; prObated in order that he might be returned to Florida authorities, he being an escaped life-term convict from that State; probation granted February 5, 1935.

LAWRENCE EDWARDS: September term, 1934; Superior Court of Henry County; making liquor; 12 months; good prison record; recommended by warden, sheriffs of Henry and Cla,yton counties, solicitor-general not opposing clemency; probated February 6, 1935.
L. P. (LONNIE) JONES: January term, 1934; Superior Court of Floyd County; possessing liquor; 12 months and 6 months in jail; good prison record; recommended by solicitor-general; probated February 6, 1935.
CLIFFORD TEAL: November term, 1934; Superior Court of Paulding County; possessing liquor; 12 months or $50.00; good prison record, dependent family; clemency recommended by trial judge; probated February 11, 1935.
BYRON BOLTON: . December term, 1933; City Court of Springfield; stabbing (2 cases); $50.00 or 9 months in each case; good prison record; recommended by judge, solicitor, warden, and ordinary of Effingham County; prObated February 12, 1935.
S. E. SHORE, JR.: March term; 1934; Superior Court of Fulton County; forgery; 12 months; 12 months; and 12 months; good prison record; recommended by prosecutor, warden, trial judge not objecting; also recommended by other citizens; probated February 13, 1935.
CHARLIE UPTON: August term, 1934; Superior Court of Polk County; larceny of auto; 2 to 3 years; commutation to misdemeanor on good prison record, recommended by trial judge, solicitor, warden, and party from whom car was stolen; probated February 13, 1935.

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137

BOB PARKER: November term, 1933; City Court of Buford; violating motor law; 6 months or $25.00 and costs; recommended by citizens of Buford and also city officials; physicians testify he is unable to perform manual labor, and unable to pay fine; has family dependent on his support; probated February 13, 1935.

ROY BANKS: August term, 1933; City Court of Atlanta; cheating and swindling; 6, 6, 6, and 6 months; good record; recommended by trial judge and officials under whom he served; probated February 14, 1935.

GEORGE McDUFFIE: July term, 1934; Superior Court of Cobb County; misdemeanor; 12 months; good prison record, dire need of family; recommended by judge ~nd warden; probated February 14, 1935.

FRANK GUTHAS: June term, 1934; Criminal Court of Atlanta; lottery; 12 months or $1,000.00; recommended by number of responsible citizens, who state he has good character and good previous record; probated on payment of fine of $600.00 on February 14, 1935.

J. D. ROBINSON: November term, 1933; City Court of Sylvania; misdemeanor and escaping; 12 months and 6 months; good prison record; recommended by trial judge; probated February 14, 1935.

DOCK BUSSEY: August term, 1934; Superior Court of Meriwether County; being drunk at church; 12 months or $50.00; good prison record; recommended by solicitorgeneral, sheriff, clerk of court and number of other responsible citizens of county; probated February 16, 1935.

PRESTON WOLF: November term, 1923; Superior Court of Bibb County; larceny of automobile; 12 months; poor physical condition; recommended by Judge of City

138

JouRNAL oF THE SENATE,

Court of Jonesboro, sheriff of Clayton County, and others who have known prisoner for a long period of years; probated February 23, 1935.

JOHN OGLESBY: September term, 1933; City Court of Decatur; speeding and misdemeanor; 12 months and 12 months; good prison record; recommended by judge and solicitor, also arresting officers; probated February 26, 1935.

HERMAN PLYMAIL: October term, 1933; Superior Court of Barrow County; robbery; 2 years; sentence commuted to misdemeanor; good prison record, good previous record; recommended by clerk of court, sheriff, and large number of citizens of Barrow County; probated February 27, 1935.

WILBUR WALTON: July term, 1934; Superior Court of Greene County; misdemeanor; 12 months or $100.00; good prison record; recommended by sheriff and others because of valuable assistance rendered and service to State in testifying in a certain case as a witness; probated March 1, 1935.

F. W. THWEAT: May term, 1934; Criminal Court of Atlanta; lottery; 12 months; good prison record; recommended by judge, solicitor and others; probated March 4, 1935.
FRANKLIN JENKINS: March term, 1934; Superior Court of Chatham County; burglary; 12 months and 6 months in jail; good prison record, good previous record; recommended by one of jailers of Chatham Cou.nty, and also by former employer of applicant; probated March 8, 1935.

CLYDE McCRARY: January term, 1935; City Court of Oglethorpe; having whiskey; 10 months; good prison

1HURSDAY, jANUARY 14, 1937.

139

record; recommended by prosecutor, county warden, county commissioner, solicitor, sheriff and others; probated on payment of fine of $100.00 including costs of court on . March 11, 1935.

BERNICE MORRIS: August term, 1934; Superior Court of Meriwether County; abandonment; 12 months; good prison record; recommended by wife of applicant and also Hon. R. A. McGraw, representative of county; prObated on condition that he support wife and child; probation granted March 12, 1935.

W. B. FORTSON: September term, 1934; Superior Court of Madison County; abandonment; $125.00 or 12 months; good prison record; recommended by trial jurors, warden and guards, also number of citizens; probation granted on condition that he pay all arrears in 90 days in monthly installments of not less than $10.00 and keep all other payments up as they mature; probated April 25, 1935.

J. A. GRAHAM, ALIAS G. A. GRAHAM: October term, 1934; Superior Court of Fulton County; fictitious checks; 12 months; good prison record; recommended by C. E. Freeman, Inc., from whom he obtained money, and by guard under whom he has served; probated April 25, 1935.

GEORGE GARNER AND MRS. ROXIE GARNER: March term, 1934; Superior Court of Forsyth County; misdemeanor; $50.00 or 12 months; recommended by officials of Cumming and Forsyth counties, one of trial jurors w.Ro states it was unanimous opinion of jury that the cases should not have been brought into court; probatedApril24, 1935.

ALDEN ST. JOHN: June term, 1934; Superior Court of Clarke County; assault; 12 months; good prison record;

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JouRNAL oF THE SENATE,

warden states was grade A prisoner; probated April 18, 1935.

ERNEST JONES: October term, 1934; Superior Court of Haralson County; possessing liquor; 12 months; good prison record; recommended by trial judge, number of responsible citizens; applicant has wife and three small children dependent on him for support; probated April 18, 1935.'

BOB DAVIS: November term, 1934; Superior Court of Lee County; larceny from house; $60.00 or 12 months; good prison record; recommended by trial judge; probated April18, 1935.

NEWTON HODGE: August term, 1934; City Court of Blackshear; simple larceny; 10 months; good prison record; recommended by trial judge and clerk of court; probated April17, 1935.

OSCAR CREWS: August term, 1934; City Court of Blackshear; simple larceny; 10 months; good prison record; recommended by trial judge and clerk of court; probated April17, 1935.

CHARLIE CARR: July term, 1934; City Court of Decatur, Ga.; having whiskey; $300.00 and 12 months suspended, or 12 months; good prison record; recommended by judge, solicitor, warden, and others; probation granted April.12, 1935.

ROBERT LEE FEWOX: November term, 1934; City Court of Buford; larceny from house; $25.00 or 6 months; good prison record; recommended by solicitor, county commissioners, <::o'mW physician and others; probated April 12, 1935.

THURSDAY, jANUARY 14, 1937.

141

PAUL BOWEN: May term, 1934; Criminal Court of Atlanta; lottery; 6 months; good previous record and dependent family; probated April 11, 1935, upon payment of fine of $150.00.

CHARLIE YOUNG: December term, 1934; Criminal Court of Atlanta; violating prohibition law; 12 months; good prison record, good previous record; recommended by members of trial jury and number of responsible citizens; probated Aprilll, 1935, on payment of $50.00.

SILLS TUGGLE: September term, 1934; Superior Court of Fulton County; burglary; 11 months; good prison record; recommended by solicitor-general and trial judge; probated April11, 1935.

IRWIN SEWELL: August term, 1934; Superior Court of. Paulding County; larceny; 12 months; good prison record; recommended by trial judge; probated April 11, 1935.

CLARENCE PAYNE: November term, 1934; Superior Court of Jackson; misdemeanors; 12 months or $50.00; 8 months or $10.00; and 8 months or $10.00; good prison record and has job guaranteed him on release; probated April11, 1935, on payment of fine of $25.00.

ROSA LEE GREEN, ALIAS EDWARDS: February term, 1934; City Court of Macon; simple larceny; 12 months, .12 months and 12 months; good prison record; recommended by warden and matron at State farm, probation officer of Bibb County, solicitor of City Court of Macon, deputy sheriff of Bibb County and others; probated April 11, 1935, upon payment of $100.00.

HALLIE BALES: June term, 1934; City Court of Thomasville; misdemeanor; 12 months; good prison record; recommended by large number of citizens of Thomas

142

JouRNAL oF THE SENATE,

County, including members of trial jury and county officials; probated April 10, 1935.

MRS. MARY HULLENDER: October term, 1934;

Superior Court of Cherokee County; misdemeanor; 12

months; good prison record; recommended by trial judge,

and number of citizens and officials of Cherokee County;

probated April10, 1935.

.

ROBERT WILSON: March term, 1935; Criminal Court of Atlanta; hoboing; 2 months; boy only 15 years old; served over .a month on a two-months' sentence; father wanted to take him home and put him to work on farm;
pr.ob.ated April 6, 1935. Not recommended by Prison CommiSSion.

BURGESS OGHEE: November term, 1934; City Court of Elberton; misdemeanor; 12 months; good prison record; recommended by judge, solicitor, warden, and sheriff of Elbert County; probated April4, 1935.

GROVER FAIRCLOTH: January term, 1935; Superior Court of Mitchell County; driving while drunk; 6 months; good prison record; recommended by solicitor-general, clerk of court, sheriff, trial judge and number of other responsible citizens; probated April 4, 1935.

GEORGE RUDESEAL: October term, 1934; Superior Court of Stephens County; violating prohibition law; 12 months; good prison record; recommended by trial judge, ordinary, deputy sheriff and number of other officials and citizens; probated April4, 1935.

ALBERT W. HAWKS: August term, 1934; Superior Court of Jackson County; possessing liquor; 12 months; good prison record; recommended by large number of citizens of Jackson County; probated April 4, 1935.

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143

McGREGOR McCOOK: September term, 1934; Superior Court of Hancock County; possessing liquor; 12 months and 12 months; good prison record; poor physical condition; age of applicant; recommended by number of county officials and citizens of Hancock County; probated March 25, 1935.

BILL KEOWN: August term, 1934; Superior Court of Cherokee County; misdemeanor; 12 months; good prison record; recommended by trial judge, solicitor-general, county officials and number of citizens of Cherokee County; probated April30, 1935, on condition that he and Mary Lou Hullender be married.

LUTHER KIMBALL: July term, 1934; Criminal Court of Atlanta; assistant to murder and misdemeanor; 12 months and 6 months, concurrent; recommended by trial judge, probation officer, and Prison Commission; probated April30, 1935.

ROBERT COLBERT: December term, 1934; City Court of Griffin; possessing liquor; 8 months or $60.00; good prison record; recommended by solicitor; probated May 8, 1935, upon payment of fine of $22.50.

WILLIE PRICE: April term, 1932; Superior Court of Miller County; stabbing; 12 months; recommended by prosecutrix, all living trial jurors, county officials, and large number of citizens of Miller County; probated May 9, 1935.

CLIFFORD AND E. P. MOON: December term, 1934; Superior Court of Gwinnett County; misdemeanor; 12 months; good prison record; recommended by prosecutor, trial judge, warden, county officials and others; probated May 9, 1935.

144

JouRNAL OF THE SENATE,

MACK FRYE: January term, 1935; Criminal Court of Atlanta; lottery; 6 months; recommended by Judge Jesse Wood, Hon. G. Allen Maddox, Chief Probation Officer and Solicitor John S. McClelland; Prison Commission recommends probation on payment of $50.00 fine, which has already been paid; probated April 11, 1935.

BEN WALLACE: December term, 1934; Superior Court of Lamar County; shooting at another; 12 months; good prison record; recommended by number of citizens of Lamar County and solicitor-general; probated May 13, 1935.

DOYLE ACREE: April term, 1934; Superior Court of Jackson County; having liquor; $100.00 or 12 months; good prison record with exception of escape; served nine months and paid more than one-fourth of original fine; probated May 23, 1933, on payment of $27.50 (which amount sheriff of Jackson County states was paid on March 27, 1934.)

NOLLIE BROWN: February and June term, 1934; Criminal Court of Atlanta; misdemeanor; 12 months, $50.00 and 6 months; $75.00 and 12 months; good prison record; job promised him upon release; wife needs his support; probated May 24, 1935. Not recommended by Prison Commission.

GORDON PRESCOTT: January term, 1934; Superior Court of Ben Hill County; misdemeanor; 12 months; prisoner served since probation sentence was revoked and pledges to leave liquor alone; wife and children dependent upon him; recommended by representative from Ben Hill County and other substantial citizens; probated May 24, 1935. Not recommended by Prison Commission.

WILL LUKE: March term, 1935; Superior Court of Ben Hill County; possessing liquor; 12 months; served two months; recommended by number of substantial

THURSDAY, jANUARY 14, 1937.

145

citizens of Ben Hill County; probated May 24, 1935. Not recommended by Prison Commission.

JACK PURVINE: March term, 1935; Criminal Court of Fulton County; possessing liquor; $150.00 or 6 months; served half of sentence with good record; recommended by chief of police of Atlanta and solicitor of Criminal Court of Fulton County; probated May 24, 1935. Not recommended by Prison Commission.

ANNIE BELL JONES: March term, 1935; City Court of Macon; simple larceny; 12 months; good prison record; recommended by trial judge, solicitor, clerk and sheriff; probated May 27, 1935, on payment of $50.00; to be paid in monthly installments of $5.00 each, commencing as of May 1 and on the first of each succeeding month; failure to pay will be grounds for revocation.

BUB GEIGER: October term, 1934; City Court of Soperton; misdemeanor (malicious killing of a hog); 12 months or $25.00; good prison record, youth of applicant; recommended by prosecutor, solicitor, jurors and others; probated May 27, 1935.

HENRY O'HEARN: July term, 1934; City Court of Colquitt County; having liquor; 12 months; good prison record; recommended by county commissioners, number of citizens, and two physicians who state applicant's health is bad; probated May 27, 1935.

JAMES BROWN: January term, 1935; Superior Court of Telfair County; burglary (misdemeanor); 6 months; good prison .record; recommended by county officials; probated May 31, 1935.

W. D. HATCHER: April term, 1934; Superior Court of Early County; possessing liquor; 12 months; good

146

JouRNAL OF THE SENATE,

prison record; recommended by warden, Superintendent of State Farm, sheriff, ordinary, clerk of court, and others; probated May 31, 1935.

DEWITT JUMP: October term, 1934; Superior Court of Telfair County; burglary; 6 months; good prison record; recommended by county officials, solicitor of City Court, warden and others; probated May 31, 1935.

MITCHELL FRANKLIN: Septemher Special term, 1934; Superior Court of DeKalb County; manslaughter; 1 year; good prison record; recommended by solicitor-general and others; sentence commuted to misdemeanor and probation granted June 6, 1935.

HOLLIS BRAGG: April term, 1934; City Court of Sylvania; possessing liquor; 10 months or $50.00; good prison record; recommended by trial judge; probated June 7, 1935.
c. B. TYSON: December term, 1934; City Court of
Savannah; gambling device; $1,000.00 and 12 months and 6 months in jail; poor physical condition, and unable to perform manual labor according to statements in file from physicians; probated June 8, 1935, upon payment of $400.00.

GEORGE BALL: September term, 1933; Superior Court of Richmond County; misdemeanor; 36 months (3 twelve-months' sentences); good record; recommended by warden and superintendent under whom he served; probated June 7, 1935.

FRED DALTON: March term, 1934; Superior Court of Gwinnett County; misdemeanors; 12 months and 12 months; good prison record; recommended by warden,
county commissioners and others; probated June 7, 1935.

THURSDAY, JANUARY 14, 1937.

147

LOUISE LEONARD: December term, 1934; City Court of Cartersville; drunkenness; 12 months; good prison record; recommended by trial judge, sheriff, and warden; probated June 7, 1935.

C. W. BRIDGES: January term, 1935; Superior Court of Fulton County; larceny of auto; 8 months; good prison record; recommended by solicitor-general, chief of police, jailer, deputy sheriffs and other responsible parties; probated June 17, 1935.

MARY DRAYTON: October term, 1934; Superior Court of Chatham County; manslaughter; 12 months; good prison record; recommended by trial jurors; trial judge, does not care to make protest; probated June 21, 1935.

BILLIE LARSON: July term, 1934; Superior Court of Turner County; burglary (misdemeanor) 12 months; 12 months; and 12 months; good prison record; recommended by trial judge, probation officer, county commissioners, sheriff, clerk of court, vrarden .and guards, tax commissioner of Turner County and prosecutors; probated June 21, 1935.

PERRY L. BORON: December term, 1934; Superior Court of Muscogee County; embezzlement; 12 months; good prison record; recommended by county officials, responsible citizens of Columbus and Alabama, and officials under whom he has served; probated June 18, 1935.

WILL HILL: March term, 1935; Criminal Court of Fulton County; possessing liquor; 4 months; good prison record; recommended by Fulton County probation officer; county physician states prisoner in bad physical condition; probated June 18, 1935. Not recommended by Prison Commission.

148

JOURNAL OF THE SENATE,

LESLIE BIRD: November term, 1934; Superior Court of Irwin County; larceny from house; pistol; 12 months and 12 months; good prison record; recommended by solicitor-general and warden; probated June 28, 1935.

ROY CHAPPELL: June term, 1934; Superior Court of Spalding County; misdemeanor; 12 months and 12 months; applicant has wife and four children dependent upon him for support; recommended by warden, solicitor-general and sheriff; probated June 28, 1935. Not recommended by Prison Commission.
JACKIE CAMBRON: May term, 1935; Superior Court of Polk County; larceny from house; 12 months; prisoner only 14 years of age, and should not have been taken to State Farm; placed on probation June 27, 1935, to be served at Boys Training School under W. E. Ireland, Superintendent. Not recommended by Prison CommissiOn.
WILL HARRIS: January term, 1935; Criminal Court of Fulton County; lottery; 4 months and 4 months; served first sentence and part of second with good record; has employment if released; probated June 26, 1935.
T. J. OWENS: January term, 1935; City Court of Atlanta; possessing liquor; $750.00 or 12 months; recommended by ordinary and deputy sheriff of Wilcox County, also clerk of Superior Court and other citizens; probated June 27, 1935. Not recommended by Prison Commission.

PETE PHILLIPS, ALIAS EDGAR: September term, 1934; City Court of LaGrange; misdemeanor; 12 months; good prison record; recommended by warden and others; trial judge states due to youth of prisoner his punishment
has been sufficient; probated June 26, 1935.

THURSDAY, jANUARY 14, 1937.

149

LOUIS RANDALL AND JOHN FRANK STRINGFELLOW: December term, 1934; Superior Court of Muscogee County; burglary; 12 months; good prison record; recommended by warden of Muscogee County, chief of detectives, Columbus Police Department and others; probated June 28, 1935.

CHAS. W. TAYLOR: March term, 1934; Superior Court of Fulton County; misdemeanors; 12 months, 12 months and 12 months; good prison record; recommended by trial judge, solicitor-general and others; probated June 26, 1935.

JEFF AND G. B. HUEY: February term, 1934:; Superior Court of Cherokee County; misdemeanors (criminal trespass); 12 months; recommended by Judge Hawkins; probated July 1, 1935, upon payment by G. B. Huey of fine of $100.00, and Jeff Huey on payment of fine of $50.00.

GEORGE CROOMS: September term, 1934; County Court of Baldwin County; driving while drunk; 12 months.; good prison record; recommended by warden under whom he served; has wife and child to support; probated July 1, 1935.

JOHN REAGAN AND CHARLES WOOD: October term, 1934; Superior Court of Bulloch County; misdemeanors; 12 months; good prison records; recommended by trial jurors, grand jurors, trial judge, warden, and number of responsible citizens; probated July 5, 1935.
GORDON LYNN: April term, 1934; Superior Court of Seminole County; violating prohibition law; 6 months in jail and 12 months; good prison record; recommended by county commissioner, county officials, large number of other responsible parties; has wife and small children dependent on him; probated July 5, 1935.

150

JOURNAL OF THE SENATE,

FRED BUCHANAN: October term, 1934; Superior Court of Telfair County; larceny of auto; 12 months; good prison record; recommended by sheriff and practically every other county officer, warden, and trial judge has no objection to clemency; probated July 10, 1935. Not recommended by Prison Commission.

VERNON KERSEY: November term, 1934; Superior Court of Terrell County; receiving stolen goods; 6 months in jail, 12 months at farm or $100.00; good prison record; recommended by Representative G. M. Gammage of Terrell County and Roy Salter of Baker County; probated July 11, 1935.

R. T. GUEST: March term, 1935; Superior Court of Gwinnett County; burglary; 12 months; recommended by sheriff, county commissioners, warden, guard and prosecutor, also several citizens in the community; probated July 11, 1935. Not recommended by Prison Commission.

PERLIE DIXON: July term, 1934; Superior Court of Ben Hill County; fornication; 12 months or $40.00; good prison record; recommended by county and city officials, members of trial jury and others; probated July 12, 1935:

W. C. MONK: March term, 1935; Superior Court of Ben Hill County; misdemeanor; 12 months; good prison record; recommended by sheriff, ordinary, county commissioners and other county and city officials and citizens of Ben Hill County; probated July 12, 1935.

H. J. PERRY: January adjourned term, 1935; Superior Court of Ben Hill County; poss~ssing liquor; 12 months on gang and 6 months in jail; recommended by sheriff,
tax receiver, chairman county commissioners, clerk Su-
perior Court, and many prominent citizens of Ben Hill County; probated July 12, 1935. Not recommended by Prison Commission.

THURSDAY, jANUARY 14, 1937.

151

WILLIE STRANGE: September term, 1934; Superior Court of Towns County; burglary; 1 year; good prison record; recommended by party whose store he entered, by trial judge, and solicitor-general states he does not resist clemency; probated July 19, 1935.

CLYDE GILLESPIE: May term, 1934; Superior Court of Brooks County; misdemeanor; 12 months or $100.00 in 2 cases; good prison record; recommended by sheriff and warden; probated July 18, 1935.

CARL GILLILAND: March term, 1935; Superior Court of Dawson County; misdemeanor; 12 months (3 concurrent cases); good prison record; recommended by Superintendent of State Farm, trial judge, prosecutor, county officials and others; probated July 19, 1935.

ERNEST BAILEY: November term, 1934; Superior Court of Fulton County; larceny of auto; 12 months; good prison record; recommended by Chief Probation Officer of Fulton County, and also one of officers who handled the case; probated July 24, 1935.

MAY DURHAM: April term, 1935; Superior Court of Whitfield County; misdemeanor; 6 months at Farm and 6 months on probation; good prison record; recommended by trial jurors, solicitor-general, clerk of court, sheriff, and a number of other responsible citizens; probated July 25, 1935.

HAROLD JONES: January term, 1935; Superior Court of Fulton County; burglary; 1 to 2 years; good prison record; recommended by trial judge, warden, and others; sentence commuted to misdemeanor; probated July 25, 1935.

JAMES POPE AND ALVIN SCOTT: January term, 1935; Superior Court of Fulton County; misdemeanor;

152

JouRNAL OF THE SENATE,

12 months; recommended by Probation Officer of Fulton County due to good prison record of applicants and their youth; probated July 25, 1935. Not recommended by Prison Commission.

FLORA TAMES (MRS. FLORENCE TOMAS): March term, 1935; Superior Court of Fulton County; larceny from house; 12 months; good prison record; recommended by large number of citizens of Detroit, Mich.; applicant has two small child.ren in need of her care; probated July 24, 1935.

WALTER JONES, ALIAS COOK, ALIAS SCOGGINS: March term, 1934; Criminal Court of Fulton County; possessing liquor; 6 months; recommended by Commander of American Legion Post in Atlanta, and other citizens; wife and children need his support; probated July 24, 1935. Not recommended by Prison Com-
miSSIOn.

C. L. DAVIS AND W. B. DAVIS: October term, 1933; Superior Court of Taylor County; pointing pistol and kidnapping and pointing pistol; 4 to 6 years and 12 months; good prison record; recommended by warden and guards, trial jurors, county officials, of Taylor, Sumter and Meriwether counties; probation granted July 24, 1935.

JOHNNY BOOTH: November term, 1934; Superior Court of Camden County; stabbing; 12 months; good prison record; recommended by solicitor-general, sheriff, and clerk of court; probated July 25, 1935.

J. J. LEMMING: December term, 1934; Criminal
Court of Fulton County; attempted burglary; 12 months; good prison record; recommended by probation officer,
solicitor and trial judge; probated July 25, 1935.

THURSDAY, jANUARY 14, 1937.

153

ALLEN MINDAY AND WILLIAM LOCHOVITCH: April term, 1935; Superior Court of Fulton County; showing indecent and obscene pictures; 12 months on gang; last 6 months of which would be suspended on payment of fine of $100.00; recommended by number of substantial and outstanding citizens of Fulton County; probation granted July 31, 1935, upon payment of fine of $100.00 each. Not recommended by Prison Commission.

HOBSON GOLDMAN: July term, 1935; Superior Court of Lincoln County; possessing liquor; $400.00 or 12 months; good record; recommended by number of responsible citizens of Lincoln County; probation granted August 6, 1935, upon payment of fine of $150.00.

CLAUD OGLE, SR.: September term, 1934; Criminal Court of Atlanta; possessing liquor; $250.00 or 12 months; good prison record; recommended by prosecuting officers; deputy sheriffs, and number of citizens of Fulton County; probated August 7, 1935. Not recommended by Prison Commission.

LOU BERTHA FORD: January term, 1935; Superior Court of Crisp County; two to four years; felony (assault with intent to murder); good prison record; recommended by all trial jurors; sentence commuted to misdemeanor; probated August 7, 1935.

CHARLES CAMPBELL: May special term, 1934; Superior Court of DeKalb County; burglary; 1 to 5 years in two concurrent cases; good prison record; recommended by trial judge, solicitor-general, and warden; sentence commuted to misdemeanor; probated August 7, 1935.
WILLIAM SHIELDS AND HERMAN WILLIAMS: February term, 1935; Superior Court of Catoosa County; burglary; 1 year; good prison record; recommended by all trial jurors, solicitor-general, county officials, and large

154

JouRNAL oF THE SENATE,

number of responsible citizens of Catoosa County; sentence commuted to misdemeanor; probated August 9, 1935.

JIM POULUS: September term, 1934; Criminal Court of Fulton County; liquor; 4 and 6 and 6 months; applicant in bad physical condition, needing treatment could not get in chain-gang; wife and children dependent upon him for support; probated August 9, 1935. Not recommended by Prison Commission.

PHIL REEVES: July adjourned term, 1932; Superior Court of Haralson County; involuntary manslaughter and misdemeanor; 1 to 3 years; 12 months and 12 months; applicant served felony sentence and part of misdemeanor sentence; has job if released; probated August 9, 1935. Not recommended by Prison Commission.
ADAM FENNELL: M~rch term, 1935; City Court of Jesup; possessing liquor; 12 months or pay fine of $150.00; recommended by warden, and also G. L. Madray and W. E. Griffis; good prison record; probated August 13, 1935. Not recommended by Prison Commission.

JOHN D. PHELPS: October term, 1934; City Court of Bainbridge; violating prohibition law; 5 months; good prison record; recommended by number of responsible citizens; probated August 9, 1935.

WILLIAM LOCHOVITCH: April term, 1935; Superior Court of Fulton County; showing indecent and obscene pictures; 12 months on gang, the last 6 months of which would be suspended on payment of fine of $100.00; applicant served several weeks longer than Allen Minday because unable to pay fine, Lochovitch being employed by Minday; probated August 12, 1935. Not recommended by Prison Commission.
I

THURSDAY, JANUARY 14, 1937.

155

ARCHIE JOHNSON: June term, 1935; Criminal Court of Fulton County; possessing liquor; 4 months; good prison record; has wife and small child to support and promise of work upon release; probated August 14, 1935.

L. F. SCHUPPAN: July term, 1932, City Court of Savannah; larceny after trust; 5 sentences of 12 months each; good prison record; recommended by officials under whom he served, and citizens in Ohio where he formerly lived; probated August 14, 1935.

OSCAR L. ASHWORTH: April term, 1934; Superior Court of Whitfield County; possessing liquor; $500.00 or 12 months; good previous record; recommended by large number of responsible citizens and officials of Whitfield County; probated August 13, 1935, upon payment of $50.00.

WILSON JONES AND KISER ADAMS: April term, 1935; Superior Court of Spalding County; larceny; 6 months and $50.00; recommended by solicitor-general and anumber of responsible citizens; probated August 14, 1935, upon payment of $35.00 each.

THEA BOWEN: October term, 1934; Superior Court of Fulton County; bigamy; 12 months; good prison record; recommended by warden and large number of responsible citizens; trial judge states he has no objection to applicant being probated; probation granted August 14, 1935.

FRED McMICHEN: November term, 1928; Superior Court of Paulding County; misdemeanor (liquor); 12 months; recommended by Hon. M. L. Fleetwood of Cartersville, former clerk of Cobb Superior Court; ordinary of Bartow County, sheriff of Bartow County, sheriff of Paulding Co., and warden; probated August 22, 1935. Not recommended by Prison Commission.

156

JouRNAL OF THE SENATE,

JAMES HALL: November term, 1934; City Court of Danielsville; transporting whiskey; 12 months or $125.00; good prison record; recommended by solicitor, sheriff, and number of citizens of Madison County; probated August 16, 1935.

D. HUGGINS: March term, 1935; Superior Court of Coweta County; manufacturing liquor; 9 months; recommended by warden, clerk of court, sheriff, county physician; probated August 15, 1935. Not recommended by Prison Commission.

BERRY M. CROFT: December term, 1934; City Court of Colquitt; assault and battery; 12 months; good prison record; recommended by trial jurors, warden and number of other responsible parties; probated August 15, 1935.
JOHN COOK: December term, 1934; City Court of Carrollton; public drunkenness; 12 months; good prison record; recommended by solicitor, judge, warden and guards, also county commissioner of Carroll County; probated August 15, 1935.

LEWIS SAULS: February term, 1935; City Court of Griffin; misdemeanors; $75.00 or 10 months; recommended by solicitor who prosecuted case; good prison record; probated August 15, 1935. Not recommended by Prison Commission.
FRANK COLLINS: March term, 1935; City Court of Valdosta; stealing chickens; 12 months or $75.00; 12 months; good prison record; recommended by trial judge and number of citizens; probated August 15, 1935.

TOM BROWNER: January term, 1935; Superior Court of Clarke County; larceny of auto; 12 months prison record; recommended by number of responsible citizens of Athens, including Chief of Police; probated August 15, 1935.

THURSDAY, jANUARY 14, 1937.

157

LUKE HASTY: October term, 1931; Superior Court of Turner County; burglary (misdemeanors); 6 months in jail, and 4 sentences of 12 months each; good prison record; recommended by trial judge, solicitor, prosecutors, county commissioners, warden, sheriff, clerk of court, and others; probated August 15, 1935.

E. J. GILBERT: September term, 1934; City Court

of Ludowici; larceny from house; 11 months; good prison

record; recommended by solicitor, trial jurors, and large

number of responsible citizens of Long County; probated

August 16, 1935.



BOB SMITH: June term, 1934; Superior Court of Fulton County; assault and battery; 12 months; good record; recommended by prosecuting arid arresting officers, trial jurors, Assistant Chief Probation Officer, and others; probated August 15, 1935, upon payment of fine of $100.00.

LEMMIE BELL: March term, 1935; Superior Court. of Walton County; stabbing another negro; 12 months; good prison record; recommended by prosecutor; applicant has several small children who need his support; probated August 23, 1935.

JEROME RIDLEY: December term, 1934; City Court of Carrollton; misdemeanor-drunkenness; 12 months; good prison record; recommended by trial judge, warden and guards; probated August 23, 1935.

ORLANDO THOMAS: November term, 1934; City Court of Reidsville; drunk on highway; 12 months; good prison record; recommended by judge and solicitor; probated August 26, 1935.
ARTHUR TROUP: April term, 1932; Superior Court of Ben Hill County; misdemeanor; 12 months on chaingang and 6 months in jail; probated and fined $200.00;

158

JOURNAL OF THE SENATE,

probation revoked on .September 30, 1933; prosecutor recommends probation; also J. R. Horton and L. G. Hudson of Fitzgerald; probated August 28, 1935. Not recommended by Prison Commission.

HERMAN NORSWORTHY AND WALTER HICKMAN: September term, 1934; Superior Court of Pulaski County; misdemeanors; 12 months; 9 months respectively; good prison records; recommended by solicitor-general, trial judge, jurors, county officials and others; probated September 5, 1935.

W. L. COWAN: July term, 1935; Superior Court of Newton County; violating prohibition law; 3 months and $100.00; good previous record; recommended by number of responsible citizens and officials of Newton and Rockdale counties; probated September 5, 1935, upon payment of $100.00 fine.

A. P. REED: April term, 1935; Superior Court of Fulton County; misdemeanor; 12 months and 12 months; good prison record; recommended by number of responsible citizens of Troup County who know applicant; bad physical condition; probated September 5, 1935. Not recommended by Prison Commission.

LEE SCROGGINS AND M. BLAKELY, ALIAS M. WILLIAMS: July term, 1935; City Court of Americus; driving while drunk; 9 months or $85.00; and 15 days in jail; good prison record; recommended by deputy sheriff who made arrest; probated September 6, 1935.

CARL GOODSON: August term, 1934; Superior Court of Walker County; arson; 1 year; recommended by trial jurors, county officials and number of other citizens of Walker County; sentence commuted to misdemeanor; probated September 6, 1935.

THURSDAY, JANUARY 14, 1937.

159

BEN HILL COX: December term, 1934; Superior Court of Mitchell County; assault and battery; 12 months; good prison record; recommended by warden and large number of responsible citizens of Mitchell County; prObated September 6, 1935.

NAT WALL: February term, 1935; Superior Court of Rabun County; driving automobile while intoxicated; 12 months, to be suspended on payment of $50.00 fine; recommended by ordinary, clerk of Superior Court, Mayor of Clayton, Senator and Representative of Rabun County; probated September 9, 1935, upon payment of $40.00 fine. Not recommended by Prison Commission.

0. B. McVAY: April term, 1935; City Court of Eastman; drunkenness; 12 Months; good prison record; recommended by solicitor, sheriff, and large nuniber of citizens of Dodge County; probated September 10, 1935.

MRS. A. G. (MAE) RICHARDSON: December term, 1934, and May term, 1935; Criminal Court of Fulton County; possessing liquor; 12 months and 6 months concurrent; good prison record; recommended by number of citizens living in applicant's community; probated September 11, 1935. Not recommended by Prison Commission.

ELIJAH JACKSON: December term, 1934; City Court of Macon; assault and battery; 12 months and 6 months in jail; good prison record; recommended by warden, by wife who prosecuted him and number o'f responsible parties who know applicant; probated September 11, 1935.

GEORGE McRAE: March term, 1935; Superior Court of Fulton County; larceny of auto; 1 to 2 years; good prison record; recommended by solicitor-general; probated September 11, 1935.

160

JouRNAL OF THE SENATE,

MARCELLUS CAMERON: October term, 1934; Superior Court of Mitchell County; simple larceny; 12 months and 12 months; good prison record; recommended by trial, judge, prosecutor, warden, and others; probated September 11, 1935.

OLLIE WILLIAMS: May term, 1935; Superior Court of Richmond County; burglary (3 cases); and larceny of auto; 1 year in each case (4); good prison record; recommended by trial judge; sentence commuted to misdemeanor; probated September 13, 1935.

GARNELL ALLEN: February term, 1935; Superior Court of Meriwether County; larceny of auto; 1 to 2 years; good prison record; recommended by trial jurors, solicitorgeneral, sheriff, warden and others; probated September 25, 1935.

WILLIAM HARGROVES: April term, 1934; Superior Court of Effingham County; possessing liquor; 12 months and 12 months; good prison record; recommended by trial judge; probated September 24, 1935.

HICK HUFF: March term, 1935; Superior Court of Talbot County; violating prohibition law; 12 months and 12 months; good prison record; recommended by trial judge, sheriff, prosecutor, warden, and others; probated September 25, 1935.
FRANK MAY: October term, 1934; Superior Court of Mitchell County; assault and battery; 1 year; good prison record; recommended by trial judge and warden; probated September 24, 1935.
JOHN P. MURPHY: May term, 1935; Superior Court of Fulton County; misdemeanor; 8 months; good prison record; has wife and 4 children who need his support; promise of work if released; probated September 25, 1935. Not recommended by Prison Commission.

THURSDAY, jANUARY 14, 1937.

161

BILL STACY: March term, 1934; City Court of Carrollton; misdemeanors; larceny of auto, defacing jail; 12 months and 12 months; good prison record; recommended by sheriff, county commissioner, prosecutor, trial judge, warden, guards and others; probated September 25, 1935.

SIDNEY WILSON: January term, 1935; Superior Court of Whitfield and Gordon counties; misdemeanor (larceny of auto); 6 months and 1 year to follow; good prison record; recommended by trial judge, solicitor-general, and number of responsible citizens of Gordon County; sentence commuted to misdemeanor; probated September 23, 1935.

GENE YORK: . August term, 1934; Superior Court of Rabun County; misdemeanor, having liquor; 12 months; recommended by ordinary, clerk of Superior Court, mayor of Clayton, County School Superintendent, tax collector, State Senator and Representative of county; probated October 2, 1935. Not recommended by Prison Commission.
ZIMRI AND CLARK MERCER: November term, 1934; City Court of Elberton; misdemeanor; fine of $50.00 and cost each, and 12 months; prosecutor recommends clemency for Clark Mercer, and both recommended by the representative in Legislature; probated October 4, 1935. Not recommended by Prison Commission.
LEROY LAWSON AND HOWARD PEEK: January term, 1935; Superior Court of Fulton County; misdemeanor; 12 months; good prison record; recommended by probation officer and officer who handled prosecution; probated October 1, 1935. Not recommended by Prison Commission.

B. G. WOOD: July term, 1935; City Court of LaGrange; misdemeanor; 8 months or $200.00 and 8 months; recom-

162

JouRNAL oF THE SENATE,

mended by number of responsible citizens of Troup County; probated Septe,mber 30, 1935, upon payment of fine of $200.00. Not recommended by Prison Commission.

MRS. NELL RIGGS: August term, 1934; Superior Court of Evans County; assault and battery; 12 months and 12 months; good prison record; recommended on condition that applicant does not return to Evans County; probated September 27, 1935.

JAKE CORNELL: September term, 1935; Superior Court of Sumter County; misdemeanor; 12 months and 7 months; recommended by judge and solicitor-general; probated September 30, 1935. Not recommended by Prison Commission.

MILLIE BRADLEY: April term, 1935; City Court of Savannah; stabbing; $100.00 or 6 months; good prison record; recommended by former employers and others; probated October 10, 1935.

JIMMIE SEWELL: April term, 1935; Superior Court of Fulton County; larceny of auto; 11 months; good prison record; recommended by warden, deputy warden, prObation officer of Fulton County, attending physician, and others; probated October 10, 1935.

LEROY PATTON: February term, 1935; Superior Court of Bibb County; forgery; 2 years; good prison record; recommended by trial judge, solicitor-general, party whose name was forged, party cashing check, and county officials; sentence commuted to misdemeanor and probation granted October 10, 1935.
AUSTIN DEEN: March term, 1935; Superior Court of Appling County; simple larceny; 12 months; good prison record and recommended by prosecutor; probated October 15, 1935.

THURSDAY, }ANU~RY 14, 1937.

163

HOWARD JACKSON, ALIAS HAROLD BOOTH: March term, 1935; Superior Court of Newton County; misdemeanor; 12 months; on account of youth of applicant, probation is granted on payment of $75.00 fine; probated October 18, 1935.

JAMES TEMPLETON, ALIAS JAMES PEMBERTON: February term, 1934; Superior Court of Walker County; assault to rape; 1 to 2 years; good prison record; recommended by county officials and warden, also large number of. responsible citizens of Walker County and Chattanooga, Tenn.; probated November 4, 1935.

OWEN JENKINS: January adjourned term, 1935; City Court of Soperton; larceny; 12 months; good prison record; recommended by prosecutor, and solicitor; probated November 4, 1935.

HEYWARD HEARD: March term, 1935; City Court of Macon; assault and battery; 9 months; good prison record; recommended by warden, Chief of Police of Macon; probated November 2, 1935.

WILLIAM CROOKS: May term, 1935; Superior Court of Dodge County; cow stealing and hog stealing; 9 months and 9 months, concurrent; good prison record, youth of applicant; recommended by trial judge and sheriff; prObated October 30, 1935.

CARL (CARRIE) STEPHENS: July term, 1935; Superior Court .of Floyd County; driving while drunk; $50.00 or 6 months; good prison record; recommended by solicitor-general; probated November 15, 1935.

B. F. ROZIER: May term, 1935; Superior Court of Bacon County; simple larceny; 2 years; good prison record; recommended by trial jurors, county and city officials and

164

JouRNAL. OF THE SENATE,

trial judge has no objection to clemency; sentence commuted to misdemeanor; probated November 8, 1935.

L. D. ALLEN: July term, 1935; Superior Court of Newton County; having liquor; 12 months; good prison record; recommended by ordinary and number of other responsible citizens, also clerk of court; probated November 15, 1935.

BOOTS BEEBE AND ROOSEVELT WILLIAMS: September term, 1934; Superior Court of Putnam County; pointing pistol at another and carrying concealed weapon; 12 months and 12 months; good prison record; recommended by prosecutor, trial jurors, judge and solicitorgeneral; probated November 14, 1935.

COLBERT BRAZEAL AND GLENN BRAZEAL: September term, 1934; Superior Court of Heard County; larceny; 2 years; good prison record; recommended by trial judge, prosecutor, and large number of responsible citizens of Heard County; sentence commuted to misdemeanor; probated November 15, 1935.

AUBREY EARL HOLLEY: April term, 1935; Criminal Court of Fulton County; larceny from house; 12 months, 12 months and 12 months; good prison record; applicant in bad physical condition and if released will rehabilitate himself; probated November 14, 1935. Not recommended by Prison Commission.

LEE BRADY: August term, 1935; City Court of Elberton; possessing liquor; $40.00 and 6 months on probation, or 6 months on the gang; poor physical condition; recommended by number of citizens of Elbert County; probated November 13, 1935. Not recommended by Prison Com-
miSSIOn.

THURSDAY, JANUARY 14, 1937.

165

CHELLICE HARBIN: February term, 1935; Superior Court of DeKalb County; assault to murder; 3 to 5 years; good prison record; recommended by trial judge, solicitorgeneral and large number of responsible citizens; probated November 13, 1935.

FRANK H. SMITH: June term, 1935; Superior Court of Fulton County; forgery; 12 months; good prison record, poor physical condition; recommended by parties who cashed the checks, also by county physician and warden; probated November 13, 1935.

MATTIE (MRS. J. C.) TAYLOR: April term, 1935; Superior Court of Cobb County; burglary; 2 to 5 years; good prison record; recommended by trial judge; has small children who need her care; sentence commuted to misdemeanor; probated November 13, 1935.
R. S. SHIRLEY: August term, 1935; Superior Court
of Muscogee County; extortion; 12 months; good prison record; recommended by trial judge and officials under whom he has served, also responsible citizens of the county; probated November 13, 1935.

WILLIE WRIGHT: September term, 1935; City Court of Carrollton; having liquor; 9 months; poor physical condition, and needed at home; good prison record; probated November 26, 1935. Not recommended by Prison Commission.

CHARLIE THOMPSON: October term, . 1934; City Court of Columbus; assault and battery; 12 months on gang, 6 months in jail, and $1,000.00; good prison record; recommended by Chief County Police, sheriff, deputy sheriffs, city police officers, and large number of citizens and officials of Russell County, Alabama; probated November 27, 1935.

166

JouRNAL OF THE SENATE,

HOMER BELL: March term, 1935; Superior Court of Heard County; larceny from house; 1 to 2 years; good prison record; poor physical condition; recommended by trial judge, prosecutor, ordinary, clerk of court, and warden; sentence commuted to misdemeanor and probation granted November 18, 1935.
PAUL ATKINS: November term, 1934; Superior Court of Troup County; simple larceny; 2 to 4 years in two concurrent cases; youth of applicant; good prison record; recommended by trial judge; sentence commuted to misdemeanor; probated November 20, 1935.
GRADY HOWARD: July term, 1935; City Court of LaGrange; pointing pistol; 8 months; good prison record; recommended by warden and number of responsible citi-
zens; probated November 27, 1935, upon payment of
$25.00.
ALLEN GOODMAN: March term, 1933; Superior Court of Fayette County; assault with intent to murder; $75.00 or 8 months; good prison record; poor physical condition; recommended by judge, solicitor-general, sheriff, clerk of court, foreman of trial jury, ordinary, warden and others; probated November 27, 1935.
AARON RUNNELS: November term, 1934; Superior Court of Troup County; simple larceny; 2 to 4 years (two concurrent); companion case to Paul Atkins and Noble Brown who have been released; same reason applies to this case as to others; probated November 27, 1935. Not recommended by Prison Commissio:1..
NOBLE BROWN: November term, 1934; Superior Court of Troup County; simple larceny; 2 to 4 years in two concurrent cases; good prison record; youth of applicant; recommended by trial judge, county officials, warden, guards and others; companion case to Paul Atkins; sentence <:ommuted to misdemeanor; probated November 27, 1935.

THURSDAY, jANUARY 14, 1937.

167

ETHEL BROOKS: April term, 1935; Criminal Court of Atlanta; vagrancy; 12 months; good prison record; recommended by matron of Fulton County Jail; probated November 27, 1935. Not recommended by Prison Commtsston.

LEWIS MOON: December term, 1934; Superior Court of Gwinnett County; manufacturing liquor; 1 to 2 years; good prison record; recommended by trial jurors, sheriff, deputy sheriff, county commissioners, and large number of responsible citizens; sentence commuted to misdemeanor; probated November 26, 1935.

MRS. J. P. SMITH: July term, 1934; City Court of Savannah; misdemeanor; 12 months; prisoner in bad physical condition; trial jurors recommend probation upon payment of $100.00 fine; probated December 4, 1935, upon payment of $100.00 fine.

CHARLIE BRANNON: June term, 1935; Superior Court of Fulton County; larceny from house; 6 months and 12 months; good prison record; recommended bynumber of citizens; probated December 2, 1935.

ROBERT AND FRANCES AGEE: March term, 1935; Superior Court of Bibb County; simple larceny; 12 months; good prison record; recommended by Superintendent of State Farm; probated December 5, 1935.
JOE WHATLEY: December term, 1933; Superior Court of Calhoun County; drunk and operating auto while drunk; 12 months, 6 months, and 6 months on probation; good prison record; recommended by trial jurors and large number of citizens of Calhoun County; probated December 12, 1935.

JESSIE COBB: June term, 1935; City Court of Colquitt County; disorderly house; 12 months; good prison

168

JouRNAL OF THE SENATE,

record; recommended by clerk of court and sheriff; probated December 12, 1935.

ROBERT COLEMAN: March term, 1935; Superior Court of Wilcox County; having and transporting liquor; 12 months or S500.00 and 12 months; good prison record; recommended by warden and trial judge; probated December 10, 1935.

N. C. ZELLNER: August term, 1935; Superior Court

of Monroe County; larceny from house; 6 months; recom-

mended by county commissioners, warden and others;

probated December 12, 1935. Not recommended by

Prison Commission.



W. L. PHILLIPS: April term, 1935; City Court of Decatur; drunk on highway; 3 cases; 12 months, 12 months, and 12 months; recommended by sheriff and solicitor; also number of citizens in community where he lived; probated . December 12, 1935. Not recommended by Prison Commtsston.

MAURICE L. GREEN: March and September terms 1935; Superior Courts of Fulton and DeKalb counties; forgery (7); forgery (7); 4 months each; 4 months; good prison record; has wife and small children who need his support; probated December 12, 1935. Not recommended by Prison Commission.

ELIAS NOUR: August special term, 1935; Superior Court of DeKalb County; felony; 2 years and 4 years concurrent; good prison record; recommended by trial judge; solicitor has no objection to clemency (sentence commuted to misdemeanor; probated December 12, 1935.
LUKE MITCHELL: July term, 1934; Superior Court of Floyd County; rape; 1 year; good prison record; recommended by trial judge and solicitor-general; sentence commuted to misdemeanor; probated December 16, 1935.

THURSDAY, jANUARY 14, 1937.

169

EDWIN SLEDGE: March term, 1935; Superior Court of Heard County; concealed weapons; 12 months; good prison record; recommended by trial judge; probated December 20, 1935.

JOE LANDERS: August term, 1935; City Court of Griffin; driving auto while drunk; 12 months; good prison record; recommended by sheriff, clerk of court, chairman county commissioners, county policeman, solicitor, warden, and others; probated December 20, 1935.

B. C. FLETCHER: January term, 1935; Superior Court of Turner County; shooting into dwelling house; 12 months on gang, 6 months in jail; good prison record; recommended by trial judge, solicitor, warden, county commissioners, and others; probated December 20, 1935.

ALTON TURNER: May term, 1935; Superior Court of Bacon County; larceny of auto; 2 years; good prison record; recommended by prosecutor, trial judge, trial jurors, and sheriff of Bacon County; sentence commuted to misdemeanor; probated December 21, 1935.

W. A. CLEMENTS: January term, 1935; Criminal Court of Atlanta; lottery; 6 months; good previous record; poor physical condition; recommended by number of responsible citizens; probated December 20, 1935, on payment of $100.00 fine.

R. A. CLEMENTS: August term, 1935; Criminal Court of Fulton County; lottery; 6 months; recommended by Judge Jesse M. Wood, Hon. G. Allen Maddox and Solicitor John S. McClelland; probated December 23, 1935.
M. B. CROSBY: February term, 1930; County Criminal Court of Bacon County; having liquor; $300.00 or. 12 months; applicant served some time in jail; clemency recommended by trial judge, ordinary, tax collector, tax

170

JouRNAL OF THE SENATE,

receiver, sheriff, deputy sheriff, and other citizens; prObated December 21, 1935. Not recommended by Prison Commission.

R. L. GARNER: July term, 1935; Superior Court of
Cobb County; misdemeanor; 6 months; man's sentence expires January 6,' 1936, and he has sick child at home; probated December 23, 1935. Not recommended by Prison Commission.

J. A. EVANS: July term, 1935; Superior Court of Floyd County; misdemeanor; $100.00 and 6 months in jail and 12 months on gang; good prison record; recommended by warden, representatives of Floyd County, deputy sheriffs, and others; probated December 23, 1935.

JOHN OWENS: July term, 1935; Superior Court of Newton County; having liquor; 12 months; good prison record; recommended by sheriff, clerk of court, county police, and number of citizens; probated December 23, 1935.

J. B. PORCHER: July term, 1934, and July term, 1935; Superior Court of Chatham County; burglary and escape; 9 months and 1 month; good prison record; recommended by assistant to solicitor-general, sheriff, City Court of Savannah, and warden; probated December 23, 1935.

JOHN HAYNIE: May term, 1935; Superior Court of Richmond County; assistant to murder and burglary; 2 to 5 years, and 12 months to follow; good prison record; recommended by trial judge, solicitor and, prosecutor; sentence commuted to misdemeanor; probated December 31, 1935.

THURSDAY, JANUARY 14, 1937.

171

PROBATIONS-1936 through January 12, 1937.

Recommended by Prison Commission unless otherwise stated.

FLOYD (IKE) HUBBARD: May term, 1931; Superior Court of Troup County; burglary; 12 months; recommended by prosecutor, trial judge, solicitor, and a large number of citizens of the county; probated January 6, 1936.

MRS. PANSY HOLLST: September term, 1935; City Court of LaGrange, Ga.; possessing liquor; 12 months; last 6 months on probation on payment of fine of $200.00; recommended by chief of police, and large number of citizens of Troup County; probated January 14, 1935. Not recommended by Prison Commission.

THOMAS JUNIOR ROBINSON: January term, 1935; Superior Court of Fulton County; robbery; 2 to 5 years; Good previous record; recommended by Judge of City Court of Buford and number of other responsible citizens of Buford; probated January 14, 1936 on payment of fine of $100.00.

BUDDY DOYAL: November term, 1935; Criminal Court of Fulton County; driving auto while drunk; 12 months and $50.00 or 3 months; applicant promised to obey law; no previous record; had job waiting for him; probated January 13, 1936 on payment of $25.00 fine. Not recommended by Prison Commission.

PEGGY BARRON: September term, 1935; City Court of Dublin; possessing liquor; 12 months or $500.00; good previous record; recommended by clerk of Laurens Superior Court, deputy sheriff, county policeman, SOlicitor-general, and a large number of responsible citizens; probated January 16, 1936, on payment of $250.00 fine.

172

JouRNAL oF THE SENATE,

PEGGY BARRON (corrected): September term, 1935; City Court of Dublin; possessing liquor; 12 months or $500.00; good previous record; recommended by Clerk of Laurens Superior Court, deputy sheriff, county policeman, solicitor, and other county officials and a large number of responsible citizens; probated January 17, 1936, upon payment of $100.00 fine.

CARL DURDEN: February term, 1935; Superior Court of DeKalb County; making liquor; 2 years; recommended by sheriff, ordinary, clerk of court of Rockdale County, mayor and chief of police of Conyers; probated January 16, 1936.

JOHN W. LASSETER: August term, 1935; Superior Court of Monroe County; possessing liquor; 12 months; recommended by trial jurors, sheriff~ county policemen, mayor and other responsible citizens; probated January 17, 1936, on payment of $100.00 fine.

JOHN COKELEY: December term, 1932; Superior Court of Fulton County; assault to murder; 5 to 7, and 12 months and 12 months; concurrent; good prison record; recommended by warden; probated January 24, 1936 Not recommended by Prison Commission.

VERNON REVELLE (alias RIVERS): March term, 1935; Superior Court of Fulton County; burglary; 1Yz to 4 years; recommended by trial judge, former employer and Probation Officer; probated January 24, 1936. Not recommended by Prison Commission.

CECIL JOHNSON: May term, 1935; Criminal Court of Atlanta; pistol without license; 12 months; good previous record; dependent family; probated January 22, 1936, on payment of $75.00 fine.

THURSDAY, jANUARY 14, 1937.

173

J. HEAD: July term, 1935; Superior Court of Newton County; assault to murder; 5 to 10 years; good prison record; recommended by solicitor, trial jurors, and large number of citizens of Newton County; probated January 22, 1936.

GROVE HARPER: September term, 1936; Superior Court of Gwinnett County; rape; 5 to 10 years; good previous record; recommended by trial jurors, sheriff, and number of citizens of community; probated January 23, 1936. Not recommended by Prison Commission.

TOM BERRYMAN: October term, 1935; Criminal Court of Fulton County; possessing liquor; 12 months; good previous record; has job to support his family; prObated January 23, 1936. Not recommended by Prison Commission.

ALBERT GATES: May term, 1934; City Court of Newnan; larceny from house; 12, 12, 12 and 6 months; good prison record; recommended by parties for whom he worked; probated January 23, 1936.
J. B. BYROM, J.D. BYROM, J. L. BYROM: May
term, 1935; Superior Court of Fulton County; assault to murder; $125.00 or 6 months and 6 months; $125.00 or 6 months and 9 months; $125.00 or 6 months; recommended by probation officer, special prosecutor, and others; probated January 23, 1936.

WOODROW THOMAS: May term, 1935; Superior Court of Muscogee County; robbery of automobile; 12 months; good prison record; recommended by special investigator for solicitor-general, warden, chief county police, deputy sheriff, and a number of others; probated February 4, 1936.

174

JOURNAL OF THE SENATE,

MARLIN or MARL YOUNG: Summer term, 1923, Superior Court of Catoosa County; larceny of auto and misdemeanor; 1~ years and 6 months; recommended by prosecutors, solicitor, foreman of jury, ordinary, clerk of court, and sheriff; probated February 4, 1936.

LUTHER WATERS: April term, 1935; Superior Court of Tatnall County; assault and battery; 6 months; good prison record; recommended by judge, trial jurors, and others; probated February 5, 1936.

CLAUD ROGERS: November term, 1934; Superior Court of Lumpkin Co\lnty; misdemeanor; 12 months and 12 months; good prison record; recommended by warden, trial judge, solicitor, and Judge J. B. Jones; Probated February 5, 1936.

HENRY WOOD: August term, 1935; City Court of Douglas, Ga.; misdemeanor-stabbing; 9 months or $125.00; recommended by sheriff, clerk of county commissioners, warden, and number of merchants and other citizens in community where crime occured; good prison record; probated February 5, 1936. Not recommended by Prison Commission.

J. E. W. SMITH, Jr.: May term, 1935; Superior Court of Lowndes County; breaking and entering; 12 months; good prison record; recommended by Judge of City Court of Valdosta, clerk Superior Court, sheriff, ordinary, and number of other responsible parties; probated February 6, 1936.

LEWIS FARR: July term, 1935; Superior Court of Richmond County; larceny of auto; 12 months; good prison record; recommended by sheriff of Union County, S. C., who states applicant's wife and two small children reside in that county and need his support; probated
January 31, 1936.

THURSDAY, JANUARY 14, 1937.

175

ERNEST TIPPINS: February term, 1935; Superior Court of Cherokee County; felony and misdemeanor; 3 to 5 years and 12 months in six misdemeanor cases concurrent (felony sentence to follow misdemeanors); commuted to misdemeanor and probated to his uncle; good prison record; recommended by injured party, trial judge, solicitor, and others; probated February 13, 1936.

DAVE L. COHEN: November term, 1935; Criminal Court of Fulton County; possessing liquor; 12 months; good prison record; recommended by number of responsible and prominent citizens; probated February 13, 1936, on payment of $75.00 fine.

R. D. McDUFFIE: December term, 1934; Criminal Court of Fulton County; misdemeanor (carrying pistol); 12 months; recommended by S. D. Vaughn and Cal Cates, of the Fulton County Police Dept., arresting and prosecuting officers, upon payment of $100.00 fine; probated February 13, 1936, on payment of $100.00 fine.

ARNIE (ERNIE) HARPER: September term, 1935; Superior Court of Gwinnett County; operating car while drunk; 12 months or $40.00 and costs; good prison record, recommended by warden and guards under whom he is serving, sheriff, ordinary, clerk of court, county commissioners, and number of other responsible citizens of Gwinnett County; probated February 14, 1936.

BEN JOHNSON: May term, 1935; Superior Court of Troup County; receiving stolen goods; 12 months; good prison record; recommended by chief of county police and number of other responsible parties; probated February 17, 1936.

JIM McCULLOUGH: July term, 1935; Superior Court of Newton County; having liquor; 12 months and 12 months; good prison record; recommended by county

176

JouRNAL oF THE SENATE,

police, ordinary, commissioner, clerk of Superior Court, and other officers and citizens of county; probated February 17, 1936. Not recommended by Prison CommissiOn.

HUGH DORSEY TONEY: October Special term, 1934; Superior Court of DeKalb County; burglary; 1 year and 1 year; good prison record; recommended by trial judge, solicitor, and warden; sentence commuted to misdemeanor and probation; probated February 18, 1936.

TOM AND DORSEY ANDERSON: June term, 1935; Superior Court of Gilmer County; misdemeanor-burgfary; 12 months; good prison record; recommended by solicitor, ordinary, sheriff, county commissioners, and others; probated February 18, 1936.

EARL BURDETTE: May adjourned term, 1935; County Court of Baldwin County; possessing liquor; 12 months; good prison record; recommended by officials under whom he served, and number of citizens of county; probated February 18, 1936.

LOTHER KINES: October term, 1935; Superior Court of Walker County; drunk on highway; 6 months; good prison record; recommended by solicitor-general and a number of responsible citizens; probated February 19, 1936.

S. A..WORD: April term, 1935; City Court of Floyd County; fornication; 12 months; good prison record; recommended by warden; probated February 19, 1936.
L. J. SIRMANS: September term, 1935; Superior
Court of Berrien County; simple larceny; 1 to 4 years; sentence commuted to misdemeanor and probation; good prison record; recommended by trial judge, solicitor,

THURSDAY, jANUARY 14, 1937.

177

prosecutor, warden, sheriff, ordinary, clerk of court, county commissioners, and others; probated February 19, 1936.

ROY BISHOP AND SIDNEY McCLURE: August term, 1935; Superior Court of Catoosa County; misdemeanor; 12 months; good prison record; recommended by solicitor and ordinary; probated February 19, 1936.

MILTON ELLIS: December term, 1935; Superior Court of DeKalb County; larceny of automobile; 6 months; good prison record; youth of applicant; recommended by number of citizens of community; probated February 25, 1936.

GEORGE CHAPPELL: June term, 1935; Superior Court of Bibb County; burglary; 12 months; good prison record; recommended by warden, and number of other responsible parties; probated February 26, 1936.

LEVI ARMSTRONG: April adjourned term, 1935. Superior Court ot Thomas County; manslaughter; 1 to 5 years; sentence commuted to misdemeanor and probation; good prison record; recommended by trial jurors, sheriff, clerk of court, warden, prosecutor, and number of other responsible parties; probated February 20, 1936.

FLOYD DORSEY: November term, 1934; Superior Court of Fulton County; larceny; 2 to 5, and 2 to 5 years; good prison record; recommended by sheriff, solicitor, and other county officials of Cherokee County, where he lived all his life; probated February 26, 1936. Not recommended by Prison Commission.

E. R. WALKER: November term, 1935; City Court
of Waycross; driving auto while drunk; 12 months; good prison record; recommended by former employers, and trial judge; probated March 2, 1936.

178

JouRNAL oF THE SENATE,

CARL OR SAMUEL CARL SHERIFF: August. term,
1935; Superior Court of Fulton County; larceny of auto; 1 to 3 years; sheriff of Dawson County investigated case and stated that applicant is innocent of charge; recommended also by clerk of court, ordinary, Superintendent of Schools of Dawson County, Pastor of Baptist church, and number of other citizens; probated March 3, 1936. Not recommended by Prison Commission.

GEORGE TRIBBLE (TRIMBLE): July term, 1935; Superior Court of Bartow County; driving car while drunk; 12 months; good prison record; recommended by officials of county including sheriff, ordinary, clerk of court, judge of city court of Bartow County and others; probated March 3, 1936.

LANCASTER LECOUNTE AND DAVE TYSON: December term, 1934; Superior Court of Mcintosh County; assault and battery; 12 months; good prison records; recommended by large number of citizens of county, members of trial jury, citizens and officials of Long County, foreman of grand jury, and others; probated March 5, 1936.

WILLIS TUMLIN: September term, 1935; Superior Court of Gwinnett County; misdemeanor; liquor; 12 months; good prison record; recommended by county commissioners, warden, sheriff, ordinary, and number of citizens who reside in the community where applicant lived before conviction; probated March 7, 1936..

RALPH McCLAIN AND S. Q. MOON: November term, 1935; Superior Court of Franklin County; possessing liquor; 9 months; good prison records; needy families; recommended by large number of citizens, trial judge, solicitor, and clerk of court; probated March 11, 1936.

THURSDAY, JANUARY 14, 1937.

179

BUD WILBURN: November term, 1935; Superior
Court ot Gwinnett County; assault to murder; 12 months;
good prison record; recommended by Board of County
Commissioners; probated March 12, 1936.

LEWIS TURNER: July term, 1935; Superior Court of Haralson County; larceny of auto; 12 months; good prison record; recommended by warden and guards, also large number of responsible citizens; probated March 12, 1936.

MARK PAYNE: April term, 1935; Superior Court of Pickens County; kidnapping; 12 months; good prison record; recommended by members of trial jury in Fulton County, who are familiar with facts in case, also large number of citizens of Pickens and Gilmer Counties; probated March 12, 1936.

PRATT PHILLIPS: April term, 1935; City Court of Eastman; possessing liquor; 12 months~ good prison record with exception of two escapes; recommended by trial judge and solicitor; probated March 12, 1936.

RAMOND ALEXANDER: July adjourned term, 1935; Superior Court of Pike County; attempt to murder; 2 years; sentence commuted to misdemeanor and probation; good prison record; recommended by prosecutrix, judge, solicitor and warden; probated March 9, 1936.
CLEVE W. GRISWELL: November term, 1934; Superior Court of Fulton County; misdemeanor-forgery in four cases; (17 months) 3 to 5 years; good prison record; probated March 16, 1936. Not recommended by Prison Commission.
ROBERT CONLEY: April term, 1935; Superior Court of Cobb County; burglary; 1 to 3 years; sentence commuted to misdemeanor and probation; good prison record; recommended by trial judge, solicitor, and number of citizens of Cobb County; probated March 17, 1936.

180

JouRNAL OF THE SENATE,

BOB GORDON AND CLYDE HAGOOD: September term, 1935; Superior Court of Gwinnett County; misdemeanor; 12 months; good prison records; recommended by arresting officer, prosecuting witness, sheriff, county commissioners, mayor of Lawrenceville; probated March 17, 1936.

WILLIE B. COUCH AND WILLIE ROACH: October term, 1935; Superior Court of Spalding County; robbery; 12 months; good prison records; recommended by trial judge and solicitor; probated March 18, 1936.

BEN WILLIAMS: September term, 1935; City Court of LaGrange; assault and battery; 30 days in jail and $150.00 fine, or 6 months on gang; recommended by foreman of jury and other jurors, also responsible citizens of LaGrange who are familiar with the case; probated March 18, 1936, on payment of $65.00 fine. Not recommended by Prison Commission.

WESLEY JACKSON: September term, 1935; Su. perior Court of Fulton County; misdemeanor; $100.00 or 12 months; and $50.00 or 6 months; recommended by judge; probated March 17, 1936.

WILLIAM SALES: October term, 1935; Superior Court of Marion County; assault to murder; 12 months; good prison record; no objection from trial judge; probated March 19, 1936.

FRANK LAZENBY: September term, 1934; Superior Court of McDuffie County; assault to murder and misdemeanor; 7 to 10 years, 4 months and 6 months;
good prison record; recommended by Senator Evans, J.
M. Hays, and other citizens of McDuffie County; probated March 20, 1936. Not recommended by Prison Com-
miSSIOn.

THURSDAY, JANUARY 14, 1937.

181

WILSON HEATH: August adjourned term, 1935; Superior Court of Butts County; manslaughter; 1 to 2 years; sentence commuted to misdemeanor and probation; good prison record; recommended by trial jurors, sheriff, ordinary, police, representative, foreman of grand jury, merchants, county school superintendent, mayor of Jackson, warden, and large number of citizens; probated March 23, 1936. .

WILBURN BURNS: February adjourned term, 1935; Superior Court of Polk County; robbery; 2 to 4 years; sentence commuted to misdemeanor and probation; good prison record; recommended by trial judge, solicitor, prosecutors, chief of police, mayor' of Cedartown, and others; probated March 23, 1936.

LUKE MOORE: February adjourned term, 1935; Superior Court of Polk County; robbery; 2 to 4 years; sentence commuted to misdemeanor and probation; good prison record; recommended by trial judge, solicitor, ordinary, mayor of Cedartown, and others; probated March 23, 1936.

HARVEY WYNNE: July term, 1935; Superior Court of Baldwin County; assault to murder; 2 to 3 years; sentence commuted to misdemeanor and probation; good prison record; recommended by sheriff, warden, solicitorgeneral and trial judge not objecting to clemency; probated March 23, 1936.

J. G. THOMPSON, Jr.: July term, 1935; Superior Court of Bibb County; 12 months; larceny of auto; recommended by member of General Assembly of Walton County, sheriff, ordinary, clerk and tax commissioner; good prison record; probated March 24, 1936. Not recommended by Prison Commission.

182

JouRNAL OF THE SENATE,

T. A. LANIER: March term, 1935; Superior Court
of Fulton County; burglary; 4U to 5 years in 12 cases;
good prison record; recommended by Dr. R. R. Stoker, and number of citizens, also R. N. Gilbert, representative of Legislature; probated March 25, 1936. Not recom-
mended by Prison Commission.

BARNEY CHRISTIAN: January term, 1936; City Court of Polk County possessing liquor; $150.00 fine; recommended by city attorney of Cedartown, Senator J. A. Wright, Mayor of Cedartown, and others; probated March 25, 1936, upon payment of $50.00 fine. Not recommended by Prison Commission.

MELISSA TAYLOR: June term, 1935; Superior Court of Chatham County; violating narcotic law; 12 months; good prison record; recommended by trial judge and warden; probated March 25, 1936.

JOHN MORGAN: April term, 1933; City Court of Newnan; simple larceny; 12 months, ,12 months, 12 months and 12 months; good prison record; recommended by trial judge, solicitor, warden, sheriff, clerk of court, chairman county commissioners, and representatives of Coweta County; probated March 25, 1936.

CARL EUGENE MORRIS: January term, 1935; Superior Court of Fulton County; robbery; 3 to 4 years; companion case to that of Thos. Junior, Robinson, whose sentence was commuted to a fine of $100.00; recommended by number of people who have known him; probated March 26, 1936. Not recommended by Prison Commission.

SAM DRIGGERS: September term, 1935; Superior Court of Tattnall County; burglary; 12 months; recommended by judge, ordinary, deputy sheriff, chief of police, and number of other citizens; probated March 27, 1936.

THURSDAY, jANUARY 14, 1937.

183

GRADY AND PRENTICE ROWLAND: October term, 1935; Superior Court of Laurens County; burglary; 1 year; good prison records; recommended by trial judge, solicitor, prosecutor, warden, county commissioners, and others; probated March 21, 1936.

C. H. WELBORN: September term, 1933; Superior Court of Coweta County; burglary; 5 to 7 years; recommended by guards and number of citizens of Coweta County; good prison record; probated March 31, 1936. Not recommended by Prison Commission.

LAWRENCE LANHAM: July term, 1933; Superior Court of Fulton County; voluntary manslaughter; 5 to 20 years; good prison record; recommended by a number of citizens who state .his previous record has been good; probated April 1, 1936. Not recommended by Prison Commission.

L. W. DUKE: January term, 1935; City Court of Fulton County; passing checks; 12 months; recommend~d by Dr. W. H. Knight, pastor of _Baptist Tabernacle; prObated April 1, 1936. Not recommended by Prison CommiSSion.

THOMAS GATLIN: November term, 1935; Superior Court of Terrell County; assault to murder; 2 to 5 years; sentence commuted to misdemeanor; good prison record; recommended by prosecutor, trial jurors, county officials, county commissioners, warden, and others; prObated April 2, 1936.

LEWIS TUMLIN: September term, 1935; Superior Court of Gwinnett County; misdemeanor having whiskey; 12 months; recommended by co~nty commissioners, warden, sheriff, and prosecutor; probated April 3, 1936. Not recommended by Prison Commission.

184

JouRNAL oF THE SENATE,

IKE MONCRIEF: August term, 1935; Superior Court of Polk County; burglary; 1 to 2 years; recommended by trial judge; good prison record; probated April 3, 1936. Not recommended by Prison Commission.

0. C. McDONALD: October term, 1935; City Court
of Newnan; worthless checks; 12 months and 12 months; good prison record; recommended by prosecutor, judge, solicitor, sheriff, clerk of court, representative of Coweta County, and Chairman Board County Commissioners; probated April 8, 1936.

HOKE NEW: March term, 1934; Superior Court of Fulton County; burglary; 4 to 7 years; good prison record; recommended by warden; probated April 8, 1936. Not recommended by Prison Commission.

JOE DYSON: August term, 1935; Superior Court of Dooly County; assault to murder; 2 to 5 years; sentence commuted to misdemeanor and probation on payment of costs of court; good prison record; recommended by judge, solicitor, sheriff, ordinary, clerk of court, and others; probated April 10, 1936, upon payment of costs of court.

HOMER PRINCE: August adjourned term, 1934; Superior Court of Cherokee County; larceny; 2 to 3 years; sentence commuted to misdemeanor and probation; good prison record; recommended by prosecutor, sheriff, clerk of court, and large number of other responsible parties; probated April .10, 1936.
DESSIE SCARBOROUGH: July term, 1935; Superior Court of Laurens County; assault to murder; 2 years; sentence commuted to misdemeanor and probation; good prison record; recommended by trial judge, solicitor, sheriff, deputy sheriff, county policeman, chief of police of Dublin, and clerk of City Court of Dublin; probated April 11, 1936.

THURSDAY, JANUARY 14, 1937.

185

BEN WILLIAMS: February term, 1935; Superior Court of Hart County; manufacturing liquor; 1 year; sentence commuted to misdemeanor and probation; good prison record; recommended by trial judge, solicitor, and warden; probated April 13, 1936.

EDWARD PEACE: August term, 1935; Superior Court of Polk County; burglary; 1 year; sentence commuted to misdemeanor and probation; good prison record; recommended by trial judge; probated April 14, 1936.

TOM WASHINGTON, ALIAS WATSON: October term, 1935; Super~or Court of Emanuel County; manslaughter; 1 to 2 years; recommended by judge, solicitor, trial jurors, sheriff, prosecutor; good prison record; probated April 23, 1936. Not recommended by Prison Commission.

BASS STEWART: July term, 1933; Superior Court of Fulton County; burglary; 1 to 2, 1 to 2, and 1 to 2 years; recommended by trial judge; probated April 23, 1936. Not recommended by Prison Commission.

ALLEN PATRICK: March term, 1935; Superior Court of Gwinnett County; burglary; 1 to 2 years; recommended by seven of trial jurors, sheriff, county commissioners, ordinary, clerk, tax collector, and others; probated April 28, 1936. Not recommended by Prison Commission.
BILL NOBLE: March term, 1935; Superior Court of Henry County; larceny of auto; 2 years; sentence commuted to misdemeanor and probation; recommended by warden, county commissioner of Douglas County, Judge J. B. Hutcheson, county officials of Clayton County and others; probated April 21, 1936.

CLIFF MONTGOMERY: March term, 1935; Superior Court of Fulton County; burglary; 2 to 3 years;

186

JouRNAL OF THE SENATE,

sentence commuted to misdemeanor and probation; probated April 24, 1936. Not recommended by Prison Commtsston.

J. D. GRAY: November term, 1935; Superior Court of Upson County; larceny of auto; 2 years; sentence commuted to misdemeanor and probation; good prison record; recommended by prosecutor, trial judge, solicitor, warden and county officials; probated April 28, 1936.

GEORGE AND WILSON FINDLEY: October term, 1935; Superior Court of Emanuel County; assa~lt to murder; 1 to 2 years; sentence commu~ed to misdemeanor and probation; good prison records; recommended by warden, guards, trial judge, and solicitor, prosecutors and
trial jurors; probated April 23, 1936.

HENRY COLLIER: February term, 1935; Superior Court of DeKalb County; making whiskey; 2 years; good record; recommended by deputy warden, judge and solicitor not objecting to clemency; probated April 24, 1936.
JAMES BROOKS: January term, 1936; Superior Court of Oconee County; adultery; 3 months; recommended by ordinary, clerk, sheriff, county commissioners, and a number of other citizens familiar with case; prob~te? April 29, 1936. Not recommended by Prison Commtsston.
EUGENE LEWIS: October term, 1935; Superior Court of Lincoln County; misdemeanors; 6 months,ft4 months and 4 months; good prison record; recommended by ordinary, warden and guards; probated April 30, 1936.
MRS. FRED DAVIS: October term, 1935; Superior Court of Lumpkin County; misdemeanor; 12 months; recommended by sheriff, representative, and other citizens of county; probated May 8, 1936. Not recommended by Prison Commission.

THURSDAY, JANUARY 14, 1937.

187

HENRY MURRAY: August term, 1935; Superior Court of Habersham County; stealing chickens; 12 months; good prison record; recommended by clerk of Superior Court and Judge Chas. W. Loudermilk; probated May 8, 1936.

MRS. FANNIE L. PASS: May term, 1935; City Court of Hall County; trespassing; 6 months in jail; good prison record; recommended by trial judge; probated, May 1, 1936.

MOSE JOHNSON: October term, 1935; Superior Court of Carroll County; larceny from house; 1 year; sentence commuted to misdemeanor and probation; good prison record; recommended by warden, deputy sheriff, and others; probated May 12, 1936.

CHAS. M. MILLER: December term, 1933; Superior Court of Muscogee County; robbery; 8 to 12 years; good prison record; recommended by mayor, chief of police and others of Montezuma, who know applicant; probated May 13, 1936. Not recommended by Prison Commission.

W. J. BASTON/ Jr.: September term, 1935; Superior Court of McDuffie County; bad checks; $50.00 or 12 months; good prison record; recommended by Superintendent of State Farm, ordinary, and sheriff; probated May 13, 1936.

GROVER BLANKENSHIP AND ERNEST SHELTON: September term, 1935; Superior Court of Gwinnett County; misdemeanor; 12 months, 12 months and 12 months, respectively; good prison records; recommended by county commissioners, sheriff, trial jurors, and others; prObated May 13, 1936.

W. E. BOLTON: July term, 1935; Superior Court of Fulton County; larceny of auto; 12 months; good prison

188

JOURNAL OF THE SENATE,

record; recommended by warden, trial judge, solicitor, and others; probated May 14, 1936.

MARCELLS MOORE: January term, 1931; Superior Court of Fulton County; robbery; 7 to 10 years; recommended by warden and Superintendent of State Farm; good record; probated May 13, 1936. Not recommended by Prison Commission.

WILLIE BRANSFORD: September term, 1935; City Court of Griffin; carrying concealed weapons; 12 months and 12 months; concurrent; good prison record; recommended by solicitor, sheriff, county commissioner, warden, and others; probated May 16, 1936.

ROBERT WILLIAMSON: October term, 1935; Superior Court of Clarke County; misdemeanor; 12 months; good prison record; recommended by prosecutor, chief of police of Athens; probated May 16, 1936.

GUS McMANUS: March term, 1935; Superior Court of Richmond County; larceny of auto; 2 years; sentence commuted to misdemeanor and probation; good prison record; recommended by solicitor; probated May 19, 1936.

WILMER STUCKEY: May term, 1936; City Court of Eastman; having and possessing liquor; 12 months or 3 months and 9 months on probation; recommended by Mr. A. Mizell, druggist, Rhine, Ga., Mr. J. C. Williams, cashier of Rhine Banking Co., mayor, also solicitor of City Court; probated May 22, 1936. Not recommended by Prison Commission.

CAM LAMB: March term, 1935; Superior Court of Fulton County; rape; 2 to 5 years; applicant married the
girl victim, and now has a family to support; probated May 27, 1936.

THURSDAY, JANUARY 14, 1937.

189

RUBEN SWIFT AND LENA STRICKLAND REYNOLDS: October special term, 1934; Superior Court of DeKalb County; perjury; 4 to 6 years; sentence commuted to misdemeanor; recommended by trial judge, solicitor and :warden; probated May 27, 1936.

CECIL GRANT,: October term, 1935; Superior Court of Carroll County; assault to murder; $100.00 or 12 months; good prison record; recommended by solicitor, warden, guards, and others; probated May 28, 1936.

T. B. HANNAH: February term, 1936; Superior Court of Chattooga County; transporting and possessing liquor; 12 months each case or $350.00; recommended by number of responsible citizens familiar with the case; probated May 27, 1936, upon payment of $150.00 fine. Not recommended by Prison Commission.

GEORGE B. VINSON: September term, 1935; City Court of Bainbridge; violating motor vehicle law; 12 months; recommended by mayor, and large number of prominent citizens of Miller County; probated May 27, 1936 upon payment of $150.00 fine. Not recommended by Prison Commission.

HAMILTON CUNNINGHAM AND CLAYMAN GRIFFIN: March term, 1935; Superior Court of Fulton County; misdemeanor; 12 months and 12 months; recommended by President of Georgia Military Academy of College Park, deputy sheriff of Fultpn County; p~o bated May 29, 1936. Not recommended by Prison CommiSSion.
H. E. HOPKINS, ALIAS W. L. McLAIN: November term, 1932, Superior Court of Muscogee County; robbery; 10 to 20 years; good prison records; recommended by those under whome he has served, former employer,

190

JouRNAL oF THE SENATE,

and responsible citizens who have known him for a long

time; probated May 29, 1936. Not recommended by

Prison Commission.



CLIFFORD M.t).RTIN: July term, 1935; Superior Court of Crisp County; seduction; 2 to 3 years; recommended by trial jurors, solicitor general; probated May 29, 1936 on payment of $150.00 fine. Not recommended by Prison Commission.
LEE BUSBIN AND BILLY HARPER: March term, 1936; City Court of Griffin; larceny; 10 month~ or $75.00; recommended by Solicitor of City Court; probated May 29, 1936, on payment of $25.00 fine each. Not recommended by Prison Commission.

ROBERT GANDY: January term, 1936; City Court of Bainbridge; selling whiskey; having whiskey; 6 months and 3 months; good prison record; recommended by mayor and deputy sheriff; probated June 1, 1936.

WILEY GIBSON: September term, 1935; Superior Court of Douglas County; manufacturing liquor; 12 months; good prison record; recommended by trial judge; probated June 1, 1936.
LULA TRUELOVE: April term, 1935; Superior Court of Cobb County; burglary; 2 to 5 years; sentence commuted to misdemeanor; good prison record; recommended by trial judge; probated June 1, 1936.

JESSE PARKER: January term, 1936; Superior Court of Houston County; misdemeanor; 6 months; good prison record; recommended by number of responsible ctttzens and officials of county, also Superintendent and warden at State Farm; probated June 1, 1936.
COLLIE SMITH: October term, 1935; Superior Court of Turner County; assault to murder; 2 to 3 years; sen-

THURSDAY, jANUARY 14, 1937.

191

tence commuted to misdemeanor; good prison record; recommended by solicitor, trial jurors, prosecutor, warden, and sheriff; probated June 1, 1936.

JOHN SPRINGER: September term, 1935; Superior Court of Douglas County; manslaughter; 1 year; good prison record; recommended by warden; probated June 10, 1936.

J. B. POPE: September adjourned term, 1935; Superior Court of Douglas County; attempt to rape; 1 to 2 years; good prison record; recommended by trial jurors, clerk of court, warden, county commissioners, ordinary, and others; probated June 10, 1936.

JIM WRIGHT: August term, 1935; Superior Court of Gordon County; larceny; 12 months; no previous conviction; recommended by citizens of community where crime occurred; probated June 10, 1936. Not recommended by Prison Commission.

VANDY RINER: April term, 1935; Superior Court of Emanuel County; robbery; 3 to 5 years; good prison record; recommended by trial jurors, trial judge and sOlicitor; probated June 5, 1936. Not recommended by Prison Commission.

J. E. (EMORY) McELROY: August term, 1935; Superior Court of Walton County; larceny baled cotton and larceny after trust; 1 to 3, and 1 to 3 years, con-current; good prison record; recommended by large number of responsible citizens, also ordinary, superintendent and guards; probated June 10, 1936.
SAMUEL FUSSELL AND HENRY HILL: January term, 1936; Superior Court of Bacon County; burglary filling station; 12 months; good prison record; recommended by trial judge, solicitor, prosecutor, and others; probated June 10, 1936.

192

JOURNAL OF THE SENATE,

LEE MIDDLEBROOKS, Jr., AND WILTON SELF: January term, 1936; Superior Court of Pike 'County; burglary; 1 year and 1 year each; good prison record; recommended by prosecutors, trial judge, solicitor, warden, and others; probated June 10, 1936.

FRED CAMP: November term, 1934; Superior Court of Fulton County; forgery; 2 to 3 years; good prison record; real perpetrators of crime were never tried; probated June 10, 1936. Not recommended by Prison Commission.

ROBERT BAILEY: January term, 1936; City Court of Richmond County; bastardy; 12 months; good prison record; has job waiting him on release; probated June 11, 1936.

JOHN TURNER: September term, 1935; Superior Court of Quitman County; manufacturing liquor; 12 months; good previous record; recommended by trial jurors, grand jurors, county officials, and others; probated June 11, 1936, on payment of $100.00 fine.

J. T. PATRICK: July and August term, 1935; Superior Court of Clarke and Walton Counties; (breaking and entering railroad car, and burglary); 1 to 5, and 1 to 3 years, respectively; good prison record; recommended by warden, guards, citizens of Clarke, Walton and Oglethorpe Counties; probated June 12, 1936.

ED VARNADORE: September term, 1935; Superior Court of Jeff Davis County; violating prohibition law; 12 months; good prison record; recommended by sheriff, clerk of court; probated June 12, 1936.
JUNE CARROLL: March term, 1935; Superior Court of Henry County; larceny of auto; 2 years; good prison record; recommended by number of citizens; co-defendant, Bill Noble having already been extended clemency; probated June 12, 1936.

THURSDAY, jANUARY 14, 1937.

193

W. R. WILSON: May term, 1936; Superior Court of Jeff Davis County; possessing liquor; 12 months; good prison record; recommended by sheriff, clerk of court, and other responsible citizens of county; probated June 13, 1936. Not recommended by Prison Commission.

JOHN CRAFT, ALIAS J. B. FOSTER, ALIAS HAROLD FOWLER: November term, 1935; Criminal Court of Fulton County; liquor; 6 and 6 and 6 and 6 and 6 months; recommended by number of responsible citizens of Gwinnett County who have known applicant, including ordinary, sheriff, treasurer, tax collector, clerk of superior court, deputy sheriff, bankers, merchants and other citizens of Lawrenceville; probated June 16, 1936. Not recommended by Prison Commission.

JAMES PINION: March term, 1935; Superior Court of Dawson County; robbery; 2 to 5 years; good prison record; recommended by trial judge, county commissioners, ordinary, clerk of court, and others; probated June 19, 1936.
R. M. PATTERSON: September term, 1935; City Court of LaGrange; violating prohibition law; 12 months or 6 months and $350.00; recommended by trial jurors, sheriff Hon. J. B. Daniel, State Treasurer, and a number of other responsible citizens of Troup County; probated June 22, 1936, on payment of $150.00 fine.
J. C. HANKINSON: January term, 1934; Superior Court of Richmond County; forgery; 1 year in 9 cases; good prison record with exception of one escape; recommended by warden and superintendent, also Judge Alexander Stephens and othe.rs; probated June 24, 1936.
G. 0. ANDERSON: April term, 1936; Superior Court of Taylor County; driving auto while drunk; 12 months. or $100.00; dependent condition of family; probated June 24, 1936 on payment of $50.00 fine.

194

JouRNAL oF THE SENATE,

WALT HADDOCK: March term, 1936; Superior Court of Whitfield County; having liquor; 8 months or $100.00; good prison record; recommended by assistant solicitor and large number of citizens of Whitfield County; probated June 25, 1936.
V. L. ROBERTS: July term, 1933; Superior Court of Cobb County; misdemeanor; 12 months; good prison record; recommended by trial jurors; deputy sheriff, and others; probated June 29, 1936 on payment of $1.00 for support of child.

ARTHUR GUTHAS: June term, 1936; Criminal Court . of Fulton County; lottery (2 cases); 12 months each case;
recommended by large nuber of responsible citizens of Fulton County; probated June 29, 1936, upon payment of $300.00 fine. Not recommended by Prison Commission.

ROGER JENNINGS: April term, 1936; Criminal Court of Fulton County; selling beer within 100 yards of school; 24 months; suspended sentence and $200.00 fine; applicant has moved his business and given officers no further trouble; probated June 30, 1936, upon payment of $50.00 fine. Not recommended by Prison Commis-
SIOn.

CHARLIE MOORE, ALIAS PETE MOORE: March term, 1935; Superior Court of Washington County; assault to murder; 1 year, and 2 to 3 years, concurrent; good prison record; recommended by prosecutor, trial judge, and warden; probated July 2, 1936.

GORDON JENNINGS: February term, 1936; Superior Court of Walker County; driving while drunk; 10 months; good prison record; recommended by sheriff, ordinary, jailer, and other responsible citizens of Walker County; probated July 6, 1936.

THURSDAY, jANUARY 14, 1937.

195

JESSE RICHARDSON: April special term, 1936; Superior Court of DeKalb County; receiving stolen goods; 1 to 5 years; good prison record; recommended by warden, trial judge and solicitor; probated July 8, 1936.

EMMETT NASH: January term, 1936; Superior Court of DeKalb County; burglary (3 concurrent cases), stealing chickens; 1 to 5 years; good prison record; recommended by trial judge and solicitor; probated July 8, 1936.

ELMER CANNON: June term, 1935; Criminal Court of Fulton County; abandonment; 12 months; rec~m

mended by sheriff of Cherokee County and other reputable

citizens; probated July 8, 1936. Not recommended by

Prison Commission.



HAROLD WHITE: October term, 1935; City Court of Sylvania; misdemeanor-drunkenness; 12 months; good prison record; probated July 8, 1936.

BILL PARK, Jr.: February term, 1936; Superior Court of Pike County; larceny of auto; !year; good prison record; recommended by prosecutor, trial judge, solicitor, warden, and number of other responsible citizens; prObated July 8, 1936.

S. D. OLIVER: December term, 1935; City Court of LaGrange; misdemeanor; $300.00 or 12 months; recommended by large number of responsible citizens of Troup County; probated July 9, 1936, on payment of $150.00 fine.
BUDDIE HART: September term, 1935; City Court of LaGrange; violating prohibition law; 12 months or 6 months and $200.00; recommended by trial jurors and a number of-responsible citizens and officials; probated July 9, 1936, on payment of $350.00 fine.

196

JouRNAL oF THE SENATE,

TOM MALONE: January term, 1936; Superior Court of Ben Hill County; having liquor; 12 months and 6 months in jail; good prison record; recommended by superintendent and warden, also sheriff, representative and ordinary of Ben Hill County and trial jurors; prObated July 9, 1936.

GRADY WOOD: November term, 1935; Superior Court of Fulton County; burglary; 3 to 5 years and 12 months and 9 months; good prison record; recommended by warden and guards; probated July 9, 1936. Not recommended by Prison Commission.

W. B. EDMONDSON:. January term, 1936; Superior Court of Crisp County; violating prohibition law; 8 months; recommended by solicitor-general of Macon, also sheriff of Bibb County and other citizens of that county; good prison record; probated July 10, 1936. Not recommended by Prison Commission.

W. C. BEDDENFIELD: March term, 1936; Superior Court of Fulton County; larceny of auto; 1 to 5 years; good prison record; recommended by trial judge and others; probated July 18, 1936.

P. L. WAGGONER: March term, 1935; Superior Court of Dawson County; assault with intent to murder, and highway robbery; 2 to 3 years robbery, and 1 to 2 years assault to murder; recommended by trial judge, solicitor, county officers, and others; probated July 13, 1936. Not recommended by Prison Commission.

COUNSEL SPIRES: February term, 1936; Superior Court of Telfair County; misdemeanor; 12 months; good prison record; recommended by warden, prosecutor; prObated July 16, 1936.

THURSDAY, JANUARY 14, 1937.

197

R. H. BUNGER: December term, 1935; Superior Court of Chatham County; involuntary manslaughter; 12 months; good prison record; recommended by all jurors except one, and several citizens of Savannah; probated July 23; 1936. Not recommended by Prison Commission.

ALTO THOMPSON: February term, 1934; Superior Court of Meriwether County; burglary; 2 to 4 years; good prison record; no objection from trial judge and solicitor to clemency; probated July 23, 1936.

THURMOND BUICE: November term, 1935; Superior Court of DeKalb County; attempted burglary; 12 months; good prison record; recommended by prosecutor; probated July 23, 1936.

J. C. SIMS; March term, 1936; City Court of Newnan; violating prohibition law; 12 months and 4 months or $30.00; good prison record; probated July 23, 1936, on payment of $75.00 fine.

MASSEY REEVES: October term, 1935; Superior Court of Ben Hill County; simple larceny; 12 months and 6 months; good prison record; recommended by trial jurors, ordinary, clerk of court, deputy sheriff, clerk county commissioners, and others; probated July 30, 1936.

AUBRY JAMES: July term, 1936; Superior Court of

Newton County; burglary; 1 to 5 years; youth of applicant;

trial judge changed sentence during term of court, but

applicant had already entered service and paid fine. of

$25.00; probated July 31, 1936.



BUREN LITTLE: August term, 1934; Superior Court of Cherokee County; seduction; 2 years; good prison record; recommended by clerk of court, sheriff, ordinary, county commissioner; sentence commuted to two misdemeanors; probated July 31, 1936.

198

JouRNAL OF THE SENATE,

WYATT PATTERSON: May term, 1935 and July term, 1935; Superior Courts of Clarke and Walton Counties; breaking and entering, burglary; 1 to 5 years and 1 to 3 years; good prison record; recommended by former employer and large number of citizens of Clarke County; probated August 4, 1936.

C. B. WHITEHEAD: October term, 1934; Superior Court of Barrow Co"Qnty; burglary; 3 years; good prison record; recommended by prosecutor and large number of of responsible citizens of Barrow County; probated August 4, 1936.

JAMES SPIVEY: October term, 1931; Superior Court of Ben Hill County; forgery; 2 years; recommended by sheriff, solicitor, Superintendent of State Farm, and number of other responsible parties; probated August 6, 1936.

S. S. STYERS: April term, 1936; Superior Court of Thomas County; misdemeanor; 8 months; warden's report shows applicant received in Thomas County Camp May 11, 1936, to be released on payment of $100.00 fine; probated August 10, 1936, upon payment of $100.00 fine. Not recommended by Prison Commission.

B. G. BANKS: January term, 1936; Superior Court of Whitfield County; possessing liquor; 12 months; recommended by Physician at State Farm on account of bad health of applicant; probated August 12, 1936. Not recommended by Prison Commission.

D. H. CRYMES: July term, 1935; Superior Court of Fulton County; involuntary manslaughter; 1 year; good prison record; recommended by trial judge and solicitor; probated August 14, 1936.

THURSDAY, jANUARY 14, 1937.

199

RALPH LOVELACE: July term, 1935; City Court of LaGrange; misdemeanor; 12 months and 8 months; good prison record; recommended by trial judge, solicitor, chief county police, sheriff, warden, guards, and others; probated August 14, 1936.

CLIFFORD LANIER: August term, 1935; Superior Court of Gordon County; assault to murder; 2 years; good prison record; recommended by trial judge and solicitor; probated August 14, 1936.

EUGENE CARTER: May term, 1936; Superior Court of Ben Hill County; misdemeanor (abandonment); 12 months and 6 months in jail; good prison record; recommended by sheriff of Early County, ordinary, representative and tax receiver of Ben Hill County and by warden and guards; probated August 14, 1936, upon payment of $2.00 weekly for child, as set out.

AMOS REEVES: October term, 1935; Superior Court of Ben Hill County; misdemeanor; 12 months; good prison record; recommended by prosecutor, representative, and county officials; probated August 17, 1936.

J. H. BLALOCK: February term, 1936; Superior Court of Walton County; simple larceny; good prison record; recommended by prosecutor, trial jurors, and number of responsible citizens of Clarke County; probated August 24, 1936.

JOE BROWN: May term, 1936; Superior Court of DeKalb County; July term, 1936, Superior Court of Fulton County; larceny of auto, larceny of auto; 2 to 5 years, 1 to 3 years, concurrent; recommended by the judge and chief. of police of DeKalb, also warden; probated August 29, 1936. Not recommended by Prison Commission.

200

JOURNAL OF THE SENATE,

CLAY FOSSETT: April term, 1936; Superior Court of Whitfield County; speeding and driving while drunk; 12 months; recommended by solicitor-general, deputy sheriff, police, and others; probated September 11, 1936.

EARL REDFERN: May term, 1936; Superior Court of Brooks County; involuntary manslaughter; 1 year; good prison record; recommended by trial jurors, warden, clerk of court, sheriff, ordinary, father of child who was killed stating he believes same was an accident; probated September 14, 1936.

CHARLIE BROWN: May term, 1936; City Court of Gray; possessing liquor; $300.00 or 12 months; good prison record; recommended by trial judge; probated September 14, 1936.

WESLEY HUGHES: April term, 1936; Superior Court of Seminole County; cow stealing; 12 months; recommended by trial jurors; probated September 14, 1936.

JESS (W. J.) CLARK: April term, 1936; Superior Court of Seminole County; cow stealing; 12 months; recommended by large number of citizens of Houston County, Ala., where applicant previously lived; probated September 14, 1936.

PEG CHRISTIE: May term, 1936; Superior Court of Lowndes County; felony; 2 years; good prison record; recommended by citizens of Lowndes County, also county officials; probated September 14, 1936.

W. D. ARGO, Jr.: July term, 1936; City Court of Macon; larceny; 12 months; recommended by trial judge upon payment of $100.00 fine; probated September 14, 1936, on payment of $100.00 fine.

THURSDAY, jANUARY 14, 1937.

201

R. P. MOORE: March term, 1935; Crimina) Court of Fulton County; lottery; 12 months; recommended by responsible citizens of his home county of Lumpkin; probated September 14, 1936, upon payment of $200.00 fine.

H. E. HENDRIX: October term, 1933; Criminal Court of Fulton County; simple larceny; 6, 12 and 6 months; good prison record with exception of one escape; recommended by trial judge, warden, and guards; probated September 14, 1936.

TACK LAMINACK: January adjourned term, 1933; Superior Court .of Haralson County; rape; 2 to 5 years; good prison record; recommended by trial jurors, sheriff, and large number of responsible citizens of county; probated September 14, 1936.

ERNEST KERSEY OR KERBY: June term, 1936; City Court of Swainsboro; assault and battery; $75.00 or 9 months; recommended by judge and prosecutrix; probated September 14, 1936.

BLAKE POWELL ALIAS KILGORE: January adjourned term, 1933; Superior Court of Haralson County; rape; 2 to 5 years; applicant convicted with Shug Godwin and Tack Laminack; Prison Commission recommended commutation of sentence of Laminack to misdemeanor and probation, who was equally guilty; probated September 14, 1936. Not recommended by Prison Commission.

H. M. HUGHES: June term, 1935; Superior Court of

Chatham County; perjury; 2 years; good prison record;

recommended by assistant solicitor-general; probated Sep-

tember 15, 1936.



JOHN GIBBS: August term, 1936; City Court of Athens; possessing whiskey; 6 months on gang, 6 months on probation, and fine of $150.00; good previous record;

2U~

jOURNAL OF THE SENATE,

recommended by prominent and responsible citizens; prObated September 15, 1936 on payment of $100.00 fine.

ROY WOOD: March adjourned term, 1936, Superior Court of Cherokee County; burglary; 1 to 2 years; good prison record; recommended by injured party, clerk of court, sheriff~ and large number of citizens; probated September 16, 1936.

HENRY BROWN: April term, 1936; Superior Court of Fulton County; burglary; 3 to 5 years; good prison record; recommended by trial judge, probation officer; family in dire distress; probated September 16, 1936.
LOUIS CRAIG, ALIAS L. L. CRUMP: May term, 1934; Superior Courts of DeKalb and Sumter Counties; burglary; 5 to 6, 5 to 6, and 3 to 5 years; good prison record; youth of applicant; probated September 16, 1936.

BILL BAILEY, ALIAS BALL: September term, 1935; Superior Court of Fulton County; forgery; 2 and 2 years, and 3 months; concurrent; recommended by trial judge; probated September 16, 1936.

ALBERT KENNITH MciNNISS: February term, 1936; Superior Court of Muscogee County; arson; 1 to 3 years; good prison record; recommended by special prosecutor, sheriff, warden, city manager of Columbus, Judge Court of Ordinary, chief deputy sheriff, and others; probated September 16, 1936.

EMMETT BARFIELD: September term, 1935; Su-

perior Court of Fulton County; larceny of auto; 1 year;

good prison record; recommended by prosecutor and

others; probated September 16, 1936.



ELSIE COBB: November term, 1935; Superior Court of Rabun County; b!gamy; 2 to 4 years; recommended by jurors and others; probated September 17, 1936.

THURSDAY, jANUARY 14, 1937.

203

GOLDEN MITCHEM: May term, 1935; Superior Court of Fulton County; larceny of auto, altering motor; 1 to 5 years, and 1 to 5 years; probated September 17, 1936, upon payment of $200.00 fine.
EVAN SAMSON AND JAMES STEERS: March term, 1936; Superior Court of Fulton County; assault to rape; 1 year; good prison records; recommended by trial judge, solicitor, and number of neighbors of applicants; probated September 17, 1936.

WALTER SATERFIELD, ALIAS TED SATERFIELD: August term, 1936; Superior Court of Cherokee County; misdemeanor; 8 months; recommended by ordinary, clerk of Superior Court; probated September 22, 1936. Not recommended by Prison Commission.

WILLIAM R. DEMPSEY: August term, 1936; Superior Courts of DeKalb and Fulton Counties; DeKalb County; 6 months; felony and misdemeanor; Fulton County; 4 cases 3 to 5; 5 cases 12 months; 1 case 6 months; all sentences concurrent; applicant has wife and two small children who are in dire need; probated September 21, 1936. Not recommended by Prison Commission.
PENNY BUFFINGTON: November term, 1935; Superior Court of Cobb County; burglary; 1 to 3 years; recommended by Mayor of Acworth, the injured person; probated September 23, 1936. Not recommended by Prison Commission.
B. R. HARRELL: September term, 1936; City Court of Decatur; violating motor vehicle law; 12 months; recommended by judge and solicitor upon payment of $100.00 fine; also recommended by solicitor City Court of Eastman; tax collector, deputy sheriff, ordiQary and deputy clerk of Eastman; probated September 23, 1936, on payment of $100.00 fine. Not recommended by Prison Commission.

204

JouRNAL OF THE SENATE,

J. R. HOLT: June term, 1936; Superior Court of Decatur County; misdemeanor; disturbing divine worship; 6 months on gang, and 6 months on probation; good prison record; recommended by trial jurors, sheriff, and large number of citizens of Decatur County; probated September 23, 1936.

CLARENCE COOK: March term, 1935; Superior Court of Fulton County; larceny of auto; 1~ to 2 years; good prison record; probated September 23, 1936. Not recommended by Prison Commission.
HENRY HENDERSON: May term, 1936; Superior Court of Walton County; shooting at another; 12 months; good prison record; recommended by sheriff, clerk of court, and chairman commissioners of <;ounty; probated September 23, 1936, upon payment of $50.00 fine.
R. J. SHERER: March term, 1936; Criminal Court
of Fulton County; possessing liquor; 12 months; good prison record; recommended by arresting officers, and large number of responsible citizens; probated September 24, 1936.

GRADY BURDEIT: August term, 1935; Superior Court of Fulton County; burglary, larceny of auto; 12 months and 12 months, and 6 months in jail; good prison record; has mother and other dependent upon him for support; probated September 24, 1936. Not recommended by Prison Commission.
WILL AMOS, ALIAS WILL CARLTON ALIAS ALEX GELLETT: November term, 1934; Superior Court of Fulton County; larceny of auto; 5 years; good prison record; probated September 28, 1936.
HENRY LEEK: August adjourned term, 1935; Superior Court of Polk County; larceny from house; 5 to 8

THURSDAY, JANUARY 14, 1937.

205

years; good prison record; recommended by judge, solicitor, warden and prosecutor; probated September 28, 1936.

BILL GRANTHAM: January adjourned term, 1936; Superior Court of Ben Hill County; cow stealing; 2 years; good prison record; recommended by prosecutor, county officials, and others; probated September 30, 1936.

JOHN A. SELF: April term, 1936; Superior Court of Ben Hill County; simple larceny (cow stealing); 12 months or $150.00; good prison record; probated September 30, 1936.

ROBERT H. DUNBAR: January term, 1936; Superior Court of Ben Hill County; misdemeanor; 12 months; good prison record; recommended by clerk county com. missioners; probated September 30, 1936.

SAM RODGERS: November term, 1934; Superior Court of Bibb County; burglary; 3 years on probation; good prison record; recommended by trial judge and solicitor; probated October 1, 1936.

JOHN D. HARDING: April term, 1936; Superior Court of Putnam County; making liquor; 12 months or $500.00; good prison record; probated October 6, 1936. Not recommended by Prison Commission.
NESBITT McSWAIN: May special term, 1936; Superior Court of Irwin County; simple larceny; 2 years; good prison record; recommended by trial judge prosecutors, sheriff, chairman county commissioners and number of other responsible parties; probated October 6, 1936.
WARREN CLARK: November term, 1935; Superior Court of Fulton County; burglary; 1;4 years; good prison record; recommended by trial judge: probated October 14, 1936. Not recommended by Frison Commission.

206

JouRNAL oF THE SENATE,

FRANK BEAVERS, ALIAS FRED TAYLOR ALIAS W. T. HOOD: April term, 1936; Criminal Court of Fulton County; violating prohibition law; 12, 12, and 12 months; applicant has wife and child who need his support; recommended by his pastor and other responsible citizens; probated October 16, 1936. Not recommended by Prison Commission.

WELTON BROOKS: November term, 1934; Superior Courts of Fulton and Cobb Counties; burglary, burglary; 10 to 12 years; 2 to 10 years in 3 cases, concurrent; recommended by .trial judge, sheriff and solicitor; probated October 16, 1936. Not recommended by Prison Com-
miSSIOn.

H. C. JETTON: May term, 1936; Superior Court of Fulton County; larceny; 12 months; good prison record; probated October 16, 1936. Not recommended by Prison Commission.

OTIS SMITH: March term, 1935; Superior Court of Fulton County; burglary; 1% years to 2 years; good prison record with exception of one escape; probated October 16, 1936. Not recommended by Prison Commission.

J. E. DAVIS: November term, 1935; Superior Court of Cobb County; misdemeanor (3 cases); 12 months, 12 months and 12 months; recommended by trial judge; probated October 14, 1936. Not recommended by Prison Commission.
ROBT. MAYNARD (MAUER): February term, 1936; Superior Court of Chatham County; burglary; 12 months; good prison record; recommended by assistant solicitor; probated October 15, 1936.
MRS. M. M. BLOUNT AND AGNES BLOUNT: July term, 1936; Superior Court of Ben Hill County; misde-

THURSDAY, JANUARY 14, 1937.

207

meanors; $100.00 or 12 months; $50;00 or 12 months; and banished from county for 10 months; Prison Commission recommended that applicants be probated to sheriff; probated October 15, 1936.

ALLEN B. HOYT: March term, 1936; Superior Court of Fulton County; fictitious checks; 12 months in 5 cases (two concurrent); good prison record; recommended by officials and guards under whom he served, also large number of responsible citizens; probated October 15, 1936, on reimbursement to injured parties.

ROBERT TOMLINSON: March term, 1936; Superior Court of Fulton County; larceny of auto; 3 years; recommended by trial judge; probated October 15, 1936. Not recommended by Prison Commission.

WYLIE HARRIS: August term, 1935; Superior Court of Bryan County; hog stealing; 3 to 4 years; recommended by trial judge who states applicant had no counsel; probated October 7, 1936. Not recommended by Prison Commission.

J. C. (JULIUS) SIMMONS: October term, 1935; Superior Court of Appling County; assault to murder; 2 years to 2 years 1 day; good prison record; recommended by .citizens and officials of county, also solicitor; probated October 8, 1936.
H. J. (HENRY) JACKSON: July term, 1935; City Court of Bainbridge; bastardy; 10 months; good prison record; recommended by sheriff and number of others; probated October 14, 1936.
GEORGE THOMAS: January term, 1936; Superior Court of Bibb County; larceny of auto; 1 to 5 years; good prison record; recommended by trial judge, solicitor, warden, and large number of citizens; probated October 19, 1936.

208

JouRNAL OF THE SENATE,

COLLIER ROYAL: March term, 1936; Superior

Court of Meriwether County; simple larceny; 1 to 3 years;

good prison record; recommended by trial judge; solicitor,

sheriff, clerk of court, warden and others; probated October

19, 1936.

'

.

HARRY LEE: December term, 1935; City Court of Statesboro; wife-heating; 12 months on probation; good prison record; trial judge does not object to clemency; probated October 20, 1936.

FRED CLARK: December term, 1935; Superior Court of Chatham County; violating narcotic law; 12 months; recommended by warden; applicant in bad physical condition; probated October 15, 1936.
SON ~EERS: February term, 1936; Superior Court of Polk County; larceny of auto; 3 to 5 years; good prison record; recommended by prosecutor, sheriff, clerk of court, trial judge, and others; probated October 22, 1936.

PAUL HOLLIS: November term, 1935; City Court of Jefferson; drunk on highway; $30.00 or 12 months; good prison record; recommended by trial judge, sheriff, and others; probated October 22, 1936.
CARL (BOOTS) THOMPSON: August term, 1936; Superior Court of Jackson County; larceny of cotton; 12 months; good prison record; recommended by prosecutors; probated October 22, 1936.

CLYDE WILKINS: February term, 1936; Superior Court of Barrow County; simple larceny; 12 months; recommended by prosecutor and number of other citizens familiar with case; good prison record; probated October 20, 1936. Not recommended by Prison Commission.

THURSDAY, jANUARY 14, 1937.

209

R. L. ARNOLD, ALIAS A. C. ARNOLD: June term, 1936; Superior Court of Fulton County; forgery; 2 to 3 years; recommended by solicitor-general and others; probated October 21, 1936. Not recommended by Prison Commission.

B. DYER: April term, 1936; Criminal Court of Fulton County; carrying pistol, larceny of bicycle; larceny from house; $25.00 or 2 months; $50.00 or 4 mDnths; 12 months; good prison record; has wife and 3 children who need his support; probated October 28, 1936. Not recommended by Prison Commission.

MANUEL VINEYARD: March term, 1936; Superior

Court of Floyd County; larceny of auto; 12 months; good

prison record; recommended by solicitor and trial judge;,

probated October 28, 1936.

1

ED MOORE: March term, 1936; Superior Court of Fulton County; burglary; 1 to 5 years; good prison record; req:>mmended by trial judge, solicitor and prosecutor; probated October 28, 1936.

WILLIE L. JOHNSON: May term, 1936; Superior Court of Brooks County; assault and battery; 12 months; good prison record; recommended by solicitor of City Court of Quitman, Superintendent of State Farm, sheriff, ordinary, warden, and others; probated October 28, 1936.

MRS. DELLA KEMP: October term, 1936; City Court of Buford; violating prohibition law; 6 months or $50.00; recommended by sheriff, county commissioner, justice of peace, 7 of 8 trial jurors, and many other responsible citizens of Gwinnett County, probated October 29, 1936, upon payment of $25.00 fine. Not recommended by Prison Commtssron.

210

JouRNAL OF THE SENATE,

BILL WILSON: February term, 1936; Superior Court of Fulton County; violating prohibition law; 12 months; good prison record; recommended by warden; probated <?ctober 29, 1936. Not recommended by Prison Commis-
SIOn.

RAY HENDERSON: January term, 1936; Superior Court of Hall County; forgery (two concurrent cases); 3 years; recommended by warden and prosecutor; good prison record; probated October 29, 1936. Not recommended by Prison Commission.

B. H. SMITH: June term, 1936; Criminal Court of Fulton County; possessing liquor; 12 months; good prison record; probated October 30, 1936. Not recommended by Prison Commission.

BILL CRISP AND ROLLI GUTHRIE: October term, 1936; Superior Court of Henry County; 4 misdemeanors, selling beer without license; keeping slot machines, keeping gambling house, selling liquor; $200.00 fine in each case and 12 months on probation; 10 of trial jurors recommended reduction in fine; probated November 2, 1936, u.pon payment of $250.00 fine each. Not recommended by Prison Commission.

TOM DEAN: October term, 1936; Superior Court of Taylor County; having and selling liquor; 12 months; recommended by sheriff; probated November 4, 1936, upon payment of $75.00 fine.

E. T. MANLEY: August term, 1936; Superior Court of Clarke County; larceny of auto; misdemeanor; 12 months; recommended by Superintendent of State Farm; probated November 4, 1936. Not recommended by.Prison Commission.

D. B. HORTON: March term, 1936; Superior Court of Ben Hill County; simple larceny (cattle stealing); 2. years;

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211

good prison record; recommended by prosecutor, ordinary, and number of responsible citizens familiar with the case; probated November 3, 1936. Not recommended by Prison Commission.

AMOS SPEARS: June term, 1931; City Court of Bainbridge; possessing whiskey; 12 months; good prison record; recommended by county officials of Alabama where he has been residing; probated November 5, 1936, upon payment of $25.00 fine.

LEONARD TYAS: June term, 1936; City Court of Bainbridge; wreckless driving; 10 months; good prison record; recommended by sheriff; probated November 5, 1936.
CLAUDE CAULEY: July term, 1936; Superior Courts of Ben Hill and Crisp Counties; having liquor; 12 months and 12 months; good previous record; recommended by trial jurors and county officials of Coffee County, also large number of citizens of Crisp, Coffee and Ben Hill Counties; probated November 5, 1936, upon payment of $100.00 fine.
SID SANFORD: January term, 1936; Superior Court of Dawson County; misdemeanor; 12 months; recommended by Justice of Peace on account of fact that prisoner's term will expire November 28, 1936, and he has a mother who is very ill and not expected to live; probated November 9, 1936. Not recommended by Prison Commission.
SLATON THORNTON: May term, 1936; Superior Court of Monroe County; seduction; 2 years; good prison record; recommended by trial jurors, county officials, and warden; probated November 10, 1936.
PERCY McMULLEN: December term, 1935; Superior Court of Seminole County; drunk on highway; 12 months; good prison record; recommended by Superintendent of State Farm and warden; probated November 10, 1936.

212

JouRNAL oF THE SENATE,

PEARCE BAKER: September term, 1936; Criminal Court of Atlanta; operating auto while intoxicated; 6 months; good prison record, time served, and youth of applicant; probated November 10, 1936. Not recommended by Prison Commission.

W. C. BEARDEN: August term, 1936; Superior Court of Cherokee County; misdemeanor; 12 months and $300.00 fine; 6 months to be probated on payment of fine; good prison record; recommended by 9 of jurors; probated NOvember 10, 1936 upon payment of $50.00 fine. Not recommended by Prison Commission.

JAMES BRACKETT: May term, 1936; Superior Court of Sumter County; felony; 2 to 3 years; recommended by solicitor, warden and number of responsible citizens familiar with the case; probated November 9, 1936. Not recommended by Prison Commission.

ROOSEVELT THARPE: April term, 1936; Superior Court of Bibb County; involuntary manslaughter; 1 year; recommended by trial judge, solicitor, and other officials and citizens; probated November 13, 1936.

M. N. CARPENTER, Jr.: July special term, 1936; Superior Court of DeKalb County; larceny of auto; 2 years; judge ordered sentence be suspended during good behavior; probated November 13, 1936.

JOE JONES: November term, 1934; March term, 1936; Superior. Courts of Bibb and Houston Counties; driving auto without license; simple larceny; burglary; 12 months, 6 months in jail and $20.00 fine, 12 months and 6 months, and 12 months for Houston County conviction; recommended by solicitor and judge; probated November 17, 1936. Not recommended by Prison Commission.

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213

WILSON WALSH: March term, 1936; Superior Court of Ben Hill County; cow stealing; 2 years; recommended by prosecutor and other citizens familiar with case; good prison record; probated November 13, 1936. Not recommended by Prison Commission.

SPENCER LYNN: May term, 1936; Superior Court of Fulton County; larceny of auto; 1 to 2 years; recommended by warden, guards, and others; probated November 12, 1936.

ROY BRATTON: May term, 1935; Superior Court of Fulton County; forgery {6 cases); 2 to 3, and 2 to 3 years to follow, and four concurrent sentences; recommended by trial judge, prosecutor, and large number of others; good prison record with exception of one escape; probated November 12, 1936.
J. C. HERRING, ALIAS BENNIE PAYTON: March
term, 1936; Superior Court of Fulton County; larceny of auto; 1 to 5 years; good prison record; recommended by warden and also trial judge; probated November 12, 1936.

LEE GREEN: February term, 1936; Superior Court of Bibb County; voluntary manslaughter; 2 to 3 years; good prison record; recommended by large number of people familiar with the case; probated November 12, 1936. Not recommended by Prison Commission.

CHARLIE HALE AND MONROE HALE: December term, 1935; City Court of Trou.p County; possessing liquor; 12 months; recommended by members of police force of LaGrange, and number of citizens familiar with case; prObated November 13, 1936, upon payment of $150.00 fine ~y Monroe Hale. Not recommended by Prison Commission.

214

JouRNAL oF THE SENATE,

W. P. TEMPLE: October term, 1935; Superior Court of Crawford County; cow stealing, guilty; 12 months or $300.00; recommended by trial judge and solicitor; probated November 13, 1936, upon payment of $200.00 fine. Not recomm.ended by Prisori Commission.

DAN COLLIVER: August term, 1935; Superior Court of Muscogee County; robbery; 4 to 10 years; recommended by prosecutor, chief of police of county, Superintendent of State Farm, sheriff; probated November 13, 1936. Not recommended by Prison Commission.

OLIN BROOKS: September term, 1935; Superior Court of Fulton County; possessing burglary tools; simple larceny; 3 to 5 and 6 months; recommended by assistant solicitor, and trial judge; probated November 13, 1936. Not recommended by Prison Commission.
SHERMAN JAMES: December term, 1935; Superior Court of DeKalb County; shooting at another; 2 to 4 years; doubt as to guilt; recommended by a hundred or two hundred people of DeKalb County who know applicant; probated November 13, 1936. Not recommended by Prison Commission.
W. H. TRIMBLE: August term 1936; Superior Court of Gordon County; selling beer; $100.00 or serve 2 months in chaingang; fine reduced to $50.00, $25.00 of which was paid; probation granted on payment of balance of fine, <?ctober 30, 1936. Not recommended by Prison Commission.
ARTHUR E. FIELDS: March term 1936; Superior Court of Cherokee County; involuntary manslaughter; 3 years; recommended by special prosecutor; applicant has wife and tour children in destitute circumstances; also recommended by many who are familiar with circumstances; has job to go to; probated November 19, 1936. Not recommended by Prison Commission.

THURSDAY, jANUARY 14, 1937.

215

TILLFORD BEUFORD: .. Term. . City Court of Swainsboro; selling liquor; 10 months; very bad physical condition and clemency recommended by great many citizens of Emanuel County familiar with his condition; probated November 19, 1936. Not recommended by Prison Commission.

G. C. BATSON: July term, 1936; Criminal Court of Fulton County; possessing and selling liquor; 12 months; probation granted November 16, 1936 upon payment of $150.00 fine. Not recommended by Prison Commission.

ARTHUR WALKER: November term, 1935; Superior Court of Jasper County; manslaughter; 3 years; recommended by county commissioners' chairman; warden; applicant has good prison record; probated November 17, 1936. Not recommended by Prison Commission.
ROBERT L. BOWEN: November term, 1936; City Court of Atlanta; possessing still on premises; 12 months; probated November 16, 1936, upon payment of fine of $100.00. Not recommended by Prison Commission.
G. C. HACK: June, 1936; Superior Court of Lowndes County; misdemeanor; 12 months; good prison record; family destitute; recommended by a number of responsible citizens and officials; unopposed by solicitor-general and trial judge; probated November 18, 1936.
GORDON AND RAY PATTERSON AND J. W. SEABOLT: January term, 1936; Superior Court of Hall County; burglary; 5 years; good prison records; due to the extreme youth of the boys, 14 and 15 years, it is recommended by a number of citizens and the trial judge that the sentences be reduced to misdemeanors and probations granted November 18, 1936.
W. B. JOHNSON: November term, 1935; Superior Court of Fulton County; forgery; 3 to 4 years in ten cases;

216

JouRNAL oF THE SENATE,

good prison record; restitution made by applicant; recommended by trial judge and prosecutors; probated November 24, 1936. Not recommended by Prison Commission.

S. D. GOINS: June term, 1935; Superior Court of Calhoun County; having liquor and driving while drunk; 12 months and 12 months; good prison record; recommended by a number of responsible citizens of Calhoun County, including the Mayor of Edison; probated toW. E. Pierce, Edison, Ga., November 25, 1936.

HOMER IRWIN: July term 1936; City Court of Newnan; violating prohibition law; 6 months; good prison record; good previous record; mother badly in need of his support; recommended by judge and solicitor; probated November 25, 1936.

BEN WILLIAMS: November term, 1935; Superior Court of Evans County; felony; 1 year; commutation to misdemeanor; good prison record; recommended by the trial judge, trial jurors, county officials, warden, county commissioners, and others; probated November 25, 1936.
WALTER BROWN: September term, 1936; Superior Court of Pulaski County; simple larceny; 4 months; good previous record; recommended by the clerk of court; aSsistant solicitor-general; solicitor-general; deputy sheriff, who states there is doubt as to guilt; probation granted on payment of $75.00 and restitution by delivering two shoats to prosecutor, November 25, 1936.

QUENTON BLACK: January term, 1936; City Court of Newnan, Ga.; possessing liquor; drunk driving; 12 months; 4 months or $40.00; good prison record; has needy family, consisting of wife and four small children; Prison Commission recommended probation on the 12 months sentence provided the fine is paid in the 4 months case; probated November 25, 1936.

THURSDAY, jANUARY 14, 1937.

217

REX MILLER, ALIAS L. H. CRAWFORD: March adjourned term, 1935; Superior Court of Dougherty County; robbery; 4 to 10 years; doubt as to guilt; recommended by a number of people familiar with the case; probated November 25, 1936. Not recommended by Prison CommissiOn.

THURSTON SINDORF: March term, 1934; Superior Court of Fulton and DeKalb Counties; robbery; 3 to 5 and 3 to 5 and 6 to 10 years; good prison record with exception of escapes; parents needy circumstances and dependant upon applicant; sentence commuted to misdemeanor and probation granted November 25, 1936. Not recommended by Prison Commission.

CRAWFORD JONES: March 1936; Criminal Court of Fulton County; possessing whiskey; 10 months; applicant in bad physical condition; probation granted on November 25, 1936, on payment of fine of $250.00. Not recommended by Prison Commission.

H. R. SMITH: December term, 1935; Criminal Court of Fulton County; assault and battery; 12 months; recommended by prosecutrix; probated on November 25, 1936, on payment of fine of $100.00. Not recommended by Prison Commission.
PRESTON WOODARD: April term, 1936; Superior Court of Laurens County; simple larceny; 12 months; good prison record; recommended by the solicitor-general; sheriff; ordinary; chairman county commissioners; deputy warden; guards; and others; probated November 25, 1936.
C. E. BONNER: January term, 1936; Superior Court of Baldwin County; felony; 2 to 3- years in five concurrent cases; good prison record; recommended by a number of responsible citizens of Baldwin County; Dr. Richard Binion, who states that due to an automobile accident applicant is

218

JouRNAL oF THE SENATE,

a physical wreck; Superintendent of State Farm; appli-

cant's sentences commuted to three misdemeanors to be

served consecutively and he is put on probation for three

years; November 25, 1936.



W. K. GRAY: September term, 1935; Superior Court of Douglas County; misdemeanor and cattle stealing; 3 months and 2 to 4 years in 3 cases; good prison record; recommended by injured parties; Chairman of Douglas County Commissioners, who state applicant will be given employment by Douglas County; probation granted November 25, 1936, on condition he make restitution by paying the sum of $53.00.
C. A. EVANS: September term, 1935; Superior Court of DeKalb and Fulton Counties; forgery; 2 to 5 and 3 years; good prison record; due to extenuating circumstances at time of crime; his present age, 60 years, and the fact that his sons will now take care of him, probation granted November 25, 1936. Not recommended by Prison CommtsstOn.
HORACE DORMINY: May special term, 1936; Superior Court of Irwin County; simple larceny; 2 to 3 years; good prison record; recommended by the prosecutor; ordinary; sheriff; clerk of court of Irwin County; probated November 27, 1936.

ALTON A. JOHNSON: March term, 1936; Superior Court of Elbert County; misdemeanor; 12 months; good prison record; recommendation by Prison Commission, probated November 27, 1936.
MARY FRANCES CAMPBELL: September term, 1936; Criminal Court of Fulton County; being drunk on highway; 10 months and 3 weeks; recommended by Mrs. Howard McCutcheon, Matron of Fulton County Jail;

THURSDAY, JANUARY 14, 1937.

219

probated to Mrs. McCutcheon for remainder of sentence, November 27, 1936. Not recommended by Prison Commtsston.

CLYDE A. SMITH: June term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; 12 months; applicant has served 5 months with good prison record; friends interested in him have agreed to take him away from Atlanta to the country where opportunity of going straight is better; probated November 30, 1936. Not recommended by Prison Commission.
DAGO POTTS: July adjourned term, 1936; Superior Court of Bartow County. Larceny of auto (misdemeanor); 6 months and costs or 8 months; he has served with good prison record since November 5, 1936; the trial judge modified sentence providing applicant be allowed to pay a fine of $100.00 which the Clerk of the Court certifies has been paid; probated November 30, 1936.
W. F. CARSON: September 1936, term of Superior Court of Douglas County; manufacturing liquor; $100.00 and costs or 12 months; good record; has wife and small children who need his support; probation granted November 30, 1936, on payment of $50.00 fine. Not recommended by Prison Commission.
VERNICE JOHNSON: October adjourned term, 1936; possessing liquor; City Court of Sandersville, Ga.; 8 months; good previous record; recommended by clerk superior court; sheriff; probation granted November 30, 1936, on payment of $50.00. Not recommended by Prison Commission.
WALLA CAWTHORN: May term, 1936; City Court of Cairo; bastardy; 12 months; good prison record for more than half of sentence; recommended by probation officer of Grady County; city and county officials; warden; and large number of other responsible citizens; probated December 9, 1936.

220

JouRNAL oF THE SENATE,

ED HARDIN: March term~ 1936; Superior Court of Crawford County; larceny after trust; larceny after trust; 12 months and 12 months; recommended by prosecutor who will give him work; also by trial judge and solicitor; probated December 9, 1936. Not recommended by Prison Commission.

J. PHIL TATE: May term, 1936; City Court of Elberton, Ga.; possessing liquor and possessing beer; $100.00 fine and 12 months; applicant to pay a fine of $100.00 and serve 24 months on probation; probated to Mr. Harrold Harris, Deputy Sheriff of Elberton County, December 10, 1936. Not recommended by Prison Commission.

WILLIE DIXON: January term, 1934; Superior Court of Fulton County; assault to murder; 5 to 7 years; doubt as to applicant's guilt; probated December 10, 1936. Not recommended by Prison Commission.

0. Z. MURRAY: April term, 1936; Superior Court of Taylor County; burglary; 2 to 3 years; good prison record; recommended by Chairman of County Commissioners and County Warden, prosecutor, and others; probation granted December 10, 1936. Not recommended by Prison Commtsston.

WILLIAM WHITTEN: September term, 1935; Superior Court of Fulton County; larceny from house; 2 to 3 years and 41 months; good prison record; recommended by warden, trial judge, and others; probated December 10, 1936. Not recommended by Prison Commission.

DAVID FOWLER: September term, 1936; City Court of Decatur, Ga.; assault and bettery; 9 months; served 3 months with good prison record; recommended by 5 of the trial jurors; probated December 10, 1936. Not recommended by Prison Commission.

THURSDAY, JANUARY 14, 1937.

221

PARKS SWAN: October term, 1936; Superior Court of Carroll County; misdemeanor; 12 months; applicant's mother in Cedartown has care of 3 orphan grandchildren; all in desperate circumstances and need applicant's help; recommended by warden, and a number of reliable parties who know prisoner and circumstances; Judge Lee B. Wyatt not objecting to clemency; probated December 9, 1936. Not recommended by Prison Commission.

C. 0. PERRY: January term, 1936; Superior Court of Crisp County; embezzlement; 2 years; good prison record; recommended by clerk of superior court; sheriff; Superintendent State Farm; representative and senator; Board of County Commissioners; county attorney; and large number responsible parties. It is also shown applicant has a wife and 3 small children badly in need of support; probated December 7, 1936.

JOHN YOUMAN CLARK: August special term, 1936; City Court of Swainsboro, Ga.; being intoxicated; 12 months; recommended by the judge and solicitor; probated December 7, 1936. Not recommended by Prison Commission.

OSCAR MARTINEZ: April special term, 1936; City Court of Swainsboro, Ga.; simple larceny; 12 months; recommended by Judge and solicitor; probated December 7, 1936. Not recommended by Prison Commission.

JOE SANFORD: July term, 1936; Superior Court of Haralson County; violating prohibition Jaw (manufacturing liquor); 1 year; applicant in bad health, old and family in need; recommended by solicitor; sheriff; and others; probated December 7, 1936. Not recommended by Prison Commission.

A. R. MINCEY: October term, 1936; Criminal Court of Fultoti County; changing motor numbers on stolen cars;

222

JouRNAL OF THE SENATE,

9 months; recommended by prosecuting officers; probated J?ecember 8, 1936. Not recommended by Prison CommisSion.

WATSON HODGES: January ad.iourned term, 1936; Superior Court of Bulloch County; larceny from house; 2 years; good record; restitution made; recommended by prosecutor; trial judge; solicitor-general; probated December 8, 1936.

ERNEST FORD: October term, 1935; Superior Court of Jones County; 3 years; shooting at another (carrying pistol without license); recommended by judge; sheriff; warden; probated December 9, 1936. Not recommended by Prison Commission.

WM. J. OWENS: December term, 1935; Superior Court of Chatham County; larceny of auto; 9 months: good prison record for more than half of sentence; injured while on duty; recommended by assistant solicitor-general and chief of camp under whom serving; probated December 9, 1936.

RALPH BIMES: July term, 1936; City Court of Statesboro, Ga.; driving auto while drunk; fine or 12 months; good prison record; recommended by solicitor; sheriff; representatives from Bulloch County; clerk of court; and a number of responsible citizens; probated December 3, 1936. Not recommended by Prison Commission.

DENNARD PASLEY: October term, 1935; Superior Court of Gordon County; misdemeanor, stealing chickens; 12 months; good prison record; recommended by county officials, solicitor-general, and a large number of other responsible parties;. probated December 10, 1936.

BOB HOLMAN: September adjourned term, 1935; Superior Court of Gwinnett County; burglary; 3 to 5 years; since trial and conviction the ordinary of Gwinnett County

THURSDAY, jANUARY 14, 1937.

223

has found applicant insane; the State Hospital at Milledgeville has agreed to take him for treatment; probation granted December 11, 1936, to be served under Superintendent of State Hospital, so that he may receive proper treatment. Not recommended by Prison .Commission.

RASTUS ADAMS: October term, 1936; Superior Court of Carroll County; larceny of cotton; 3 to 5 years; recommended by large number of responsible citizens of the county; probated December 11, 1936. Not recommended by Prison Commission.
A. B. SUTTON: July term, 1935; Superior Court of Fulton County; false swearing and misdemeanor; 1 to 2 years and 12 months; applicant has served a year and a half with good record; has a wife and two children who are badly in need of his support; recommended by warden, and others; probated December 11, 1936. Not recommended by Prison Commission.
CHARLEY JORDAN: February term, 1936; Superior Court of Chattooga County; cattle stealing; 2 years; applicant has served 10 months with good prison record; recommended by several citizens and county officers; trial jurors recommended he be purnished for misdemeanor; probated D~c~mber 11, 1936. Not recommended by Prison Commtsston.
SON ROBERSON AND JACK LOWERY: October term, 1936; Superior Court of Telfair County; misdemeanor; larceny from house; 4 months each; recommended by judge; solicitor-general; prosecutrix; probated December 10, 1936. Not recommended by Prison Commission.
OLEN HENSON: October term, 1936; Superior Court of Fulton County; malicious mischief; 8 months; previous record good; innocent victim of circumstances; probated December 11, 1936. Not recommended by Prison CommiSSion.

224

-- JouttNAL OF THE'.5ENATE.;'1

ROBERT ;COLBERT (B): September term, 1936; Superior Court of Spalding County; misdemeanor, possessing liquor; 6 months; good prison record; has job to go to upon release; probated to Mr. J. M. Sims, Griffin, Ga.; December 28, 1936. Not recommended by Prison Commission.

GEORGE TUTEN: October term, 1936; Superior Court of Coffee County; assault to murder; 2 to 4 years; recommended by trial judge; solicitor-general; Judge of City Court of Douglas; clerk of superior court; sheriff; solicitor of city court; and a large number of other city and county officials; sentence commuted to misdemeanor and applicant to pay a fine of $300.00 or serve 12 months; probated December 17, 1936.

CECIL D. JOHNSON, ALIAS DALTON TUCKER: May term, 1936; Superior Court of Chatham County; burglary; 2 years; good prison record; good previous record; recommended by Mayor of Camilla, Ga. and by the trial judge; probated December 17, 1936.

WILBUR GAY, ALIAS FUTRAL WILBURN: May adjourned term, 1936; Superior Court of Jefferson County; burglary; 3 to 5 years; good prison record; recommended by the judge; solicitor; warden; probated December 16, 1936.
J. W. STARKS: July term, 1936; Superior Court of Fulton County; larceny of auto; 1 to 5 years in 6 cases . concurrent; good previous record; recommended by a number of people who know him and believe he has had sufficient punishment; probated December 16, 1936. Not recommended by Prison Commission.

TAYLOR HOOD: April term, 1936; Superior Court of Carroll County; burglary; 1 to 5 years; good prison record; recommended by prosecutor; trial judge; solicitor-general; county commissioner; warden and others; good previous record; probated December 16, 1936.

THURSDAY, jANUARY 14, 1937.

225

GEORGE ALLEN: June term, 1936; City Court of Danielsville; misdemeanors; $50.00 or 4 months; 12 months and $40.00 or 6 months and $40.00 or 6 months; good prison record; not opposed by trial judge, and recommended by county commissioner, sheriff, clerk of court, county police of Madison County who was the prosecutor, and others; probated December 16, 1936.

HARLEY MORAN: May term, 1936; Superior Court of Fulton County; assault to murder and misdemeanor; 1 to 2 years and 12 months and 12 months, misdemeanor sentences concurrent; good prison record; good previous record; destitute family circumstances; recommended by warden; probated December 16, 1936.

A. W. McCALL: July term, 1936; Superior Court of Fulton County; robbery; 2 to 3 years; good prison record; good previous record; recommended by officials of Southeastern States, Inc. for whom he worked; warden; a large number of responsible citizens of Bibb County; Judge
Virlyn B. Moore, the trial judge; probated December 16,
1936.

FLOYD PREVATT: May term, 1936; Superior Court of Jeff Davis County; simple larceny; 2 years; good prison record; recommended by warden; county officials; city and county officials of Appling County; probated December 16, 1936.

JOSEPH BROWN: February term 1936; Superior Court of Butts County; misdemeanor; 12 months; applicant's sentence expires December '24, leaving only 7 days; friend has job for him in another state; probated December 16, 1936. Not recommended by Prison Commission.

ROBERT RELEFORD: November term, 1935; Superior Court of Fulton County; assault to rape and robbery;

226

JouRNAL oF THE SENATE,

2 to 5 and 4 to 6 years; good prison record; recommended by the trial judge; solicitor-general withdraws his opposition; probated December 16, 1936.

EARL HOWELL: July term, 1930; Superior Court of Floyd County; burglary; 15 to 21 years; served 5 years with good prison record; recommended by commissioner and warden of county where serving; chief of police; clerk of superior court; ordinary; tax collector, and other officials of Chattooga County; probated December 16, 1936. Not recommended by Prison Commission.

LUTHER WORLEY: November term, 1936; Criminal court of Atlanta, Ga.; carrying concealed weapons; carrying pistol without license; 6 months; recommended by clerk of the court of Forsyth County where applicant lived and has always lived; no previous trouble; this was a family affair and other member of family now recommend his release; probation granted December 14, 1936, on payment of $50.00 fine. Not recommended by Prison Commission.

J. C. RODMAN: August term, 1936; Criminal Court of Fulton County; misdemeanor; 12 months; good prison record; recommended by trial judge; warden and others; probated December 15, 1936. Not recommended by Prison Commission.

A. J. HARDISON: September term, 1936; Superior Court of DeKalb County; forgery; 2 years; good prison record; has wife and children who need his support; recommended by clerk of superior court and other citizens of Turner County where he is serving; warden and others; not opposed by solicitor-general; probated December 15, 1936. Not recommended by Prison Commission.

BERNARD OWENS: October term, 1936; Superior Court of Carroll County; larceny of cotton; 1 year; companion in this case was released December 11, 1936; he had a 3

THURSDAY, jANUARY 14, 1937.

227

to 5 years sentence; applicant had only 12 months; it appears that same, or even more consideration should be given applicant, therefore, probation is granted him December 23, 1936. Not recommended by Prison Commission.

VIOLA PRICE: July term, 1936; Superior Court of Ben Hill County; disorderly house; $25.00 or 12 months at Farm and 6 months in jail; applicant was granted probation by the judge who sentenced her, who provided that condition of probation be that applicant should not return to Ben Hill and other counties named; the purpose of this order is to permit her to serve under probation under conditions set out in this order, rather than that of the court, which banished her; probated December 17, 1936. Not recommended by Prison Commission.

W. H. PRICE: January term, 1936; Superior Court of Laurens County; fictitious checks; 12 months and 12 months; good prison record; recommended by trial judge; solicitorgeneral; chairman county commissioners; warden; family destitute and badly in need of his services; probated December 20, 1936.

ROBERT FRYER: November term, 1936; Superior Court of Troup County; misdemeanor; 12 months; youth of applicant and no previous conviction; was lead into committing this crime by older and more experienced man; probated December 21, 1936. Not recommended by Prison Commission.

JOHN W. WALKER: June term, 1936; Criminal Court of Fulton County; carrying concealed weapons; 10 months; recommended by judge and solicitor; probated December 22, 1936.

CLIFFORD JACKSON: September term, 1936; Superior Court of Talbot County; stabbing; 12 months; good

228

JouRNAL oF THE SENATE,

prison record; recommended by the prosecutor; warden; a number of citizens who state his previous record good; probated December 22, 1936.

N. A. GARNER, Jr.: September term, 1936; Superior Court of Fulton County; burglary; 5 to 6 years; good prison record; recommended by his father who prosecuted him; probated December 22, 1936.

LOLA GOWDER AND FLOY TRUSTY: September term, 1936; Superior Court of Towns County; misdemeanor; 12 months; good prison records; recommended by county officials, including sheriff; ordinary; clerk of court; a large number of citizens; 11 of the trial jurors; probated December 22, 1936.

BOISIE LITTLE: April term, 1936; Superior Court of Jones County; assault to murder; 2 years; good prison record; recommended by prosecutrix; warden; probated December 22, 1936.

H. Y. KEATON: July term, 1936; Superior Court of Fulton County; larceny from house; 2 to 3 years; good prison record; good previous record; recommended by a number of responsible citizens; the President of King Hardware Co., prosecutor; probated December 22, 1936.

LONNIE ASPINWALL: June term, 1936; Superior Court of Wayne County; being drunk; 12 months; excellent prison record; recommended by warden; Superintendent of State Farm; applicant promises not to drink any more; probated December 23, 1936. Not recommended by Prison Commission.

WM. A. BENSON: October term, 1936; Superior . Court of Fulton County; bigamy (misdemeanor); 12 months;
applicant served about 4 months in jail before beginning on 12 months sentence, on which he has served 3 months; I

THURSDAY,, jANUARY 14, 1937.

229

believe him to be the unfortunate victim of undue influence by others; probated December 23, 1936. Not recommended by Prison Commission.

CLYDE JOHNSON: May term, 1936; Superior Court of Muscogee County; simple larceny; 12 months, good prison record; recommended by prosecutor, special investigator in solicitor's office and warden; probated December 23, 1936.

CHARLEY HAYES: July term, 1936; Superior Court of Harris County; assault to murder; 2 to 5 years; good prison record; good previous record; recommended by trial jurors; warden; county commissioners; sheriff; county police, and others; probated December 23, 1936.

HENRY McCORD, ALIAS HENRY McCOY: March term, 1936; Superior Court of Richmond County; manslaughter; 1 to 8 years; good prison record; recommended by solicitor-general; probated December 18, 1936. Not recommended by Prison Commission.

ICIE DAVIS: March term, 1936; Superior Court of Dawson County; simple larceny; 5 to 7 years; no previous record; recommended by prosecutor; probated December 23, 1936. Not recommended by Prison Commission.

ALECK JONES: May term, 1935; Superior Court of Fulton County; robbery; 17 to 20 years (4 concurrent cases); Prison Commission recommend that applicant be given a conditional pardon and that he be put on probation for a period of 5 years and be required to report once a month to the probation officers of Fulton County; this conditional pardon and probation granted December 22, 1936.

J. S. MELTON: June term, 1936; Superior Court of
Fulton County; in possession of stolen automobile;! to 2

230

JouRNAL oF THE SENATE,

years; recommended by Chief of Police of DeKalb County and other responsible parties; probation granted December 23, 1936, on payment of fine of $100.00.

BEECHER MEADOWS: February term, 1936; Superior Court of Gordon County; larceny of automobile; 2 years; good prison record; recommended by trial judge; solicitor-general; clerk of court; ordinary; sheriff and others; prosecutor desires clemency for applicant; probation granted December 23, 1936.

FRANK CLARK: July term, 1934; Superior Court Hall County; seduction; 2 to 3 years; recommended by girl involved; solicitor-general; warden; and others; probated December 23, 1936.

JAMES EDWARD GANDY, ALIAS JACK PILLEY: March term, 1936; Superior Court of Fulton County; larceny from auto; 1 year; recommended by the judge; probated December 23, 1936. Not recommended by Prison Commission.

J. R. McKOY: July term, 1936; Superior Court of Fulton County; larceny from house; 2 to 3 years; good prison record; good previous record; recommended by responsible citizens of Douglas County; ordinary of Paulding County; Hon. S. W. Ragsdale, former solicitor of that circuit; probated December 22, 1936.
CHARLIE JACKSON: August term, 1936; Superior Court of Jasper County; cheating and swindling; 12 months or $100.00; good prison record; good previous record; recommended by probation officer of Juvenile Court of Fulton County; and by chief probation officer of Fulton. County; probated December 23, 1936.

JOE GLASS,. ALIAS JOE VANDLICE: December term, 1935, of Superior Court of DeKalb County and city

THURSDAY, jANUARY 14, 1937.

231

court of Decatur, Ga.; mi~demeanors and robbery; 12, 12, 12 months and 1 to 5 years concurrent; good prison record; recommended by Judge Frank Guess, and Solicitor W. P. McCurdy; probation granted December 23, 1936 on condition that applicant go to his family in North Carolina; if he returns to Ga., his probation is to be revoked.

MRS. PEARL AND BAILEY LOVINGER: August term, 1936; Criminal Court of Fulton County; lottery; $100.00 or 12 months; $250.00 or 12 months; applicant's sentence commuted to payment of fine and service of sentences on probation; probated December 24, 1936. Not recommended by Prison Commission.

HAROLD THACKER: July and December, 1934; Superior Court of Fulton and Cherokee Counties; burglary and burglary; 1 to 5 years in 5 cases; 5 years in two cases (Cherokee); recommended by the trial judge, also Judge Pomeroy; county commissioner; warden; probated December 24, 1936. Not recommended by Prison Commission.

OBE MOORE, WILLIE LOFTIN AND RAYMOND GRIGGS: December term, 1936; City Court of Griffin; operating dice table; possessing liquor; operating dice table and operating dice table; $250.00 and $100.00 or 12 months; $150.00 or 12 months; $150.00 or 12 months; a reduction in fines is recommended by solicitor of the City Court of Griffin, Chester A. Byars, and the Prison Commission recommended that fines be reduced as follows: Obe Moore $225.00; Willie Loftin $750.0; Raymond Griggs $75.00, and applicants probated on payment of these fines; probated December 30, 1936.

HENRY M. LANCASTER: October adjourned term, 1935; superior court of Effingham; arson and perjury; 1 year and 2 years; good prison record; good previous record; recommended by warden; county commissioners; judge;

232

JouRNAL oF THE SENATE,

clerk of court; sheriff; ordinary; and a number of other responsible citizens; probated December 29, 1936 upon payment of fine of $50.00 in each case.

GORDON THOMPSON: September term, 1936; Superior Court of Fulton County; narcotics; 2 to 3 years; good prison record; good previous record; recommended by a number of responsible parties; sentence commuted to three 12 months misdemeanors and probation for the full term; probated December 30, 1936.

CLYDE PITTS: November term, 1935; Superior Court of Muscogee County; stealing; 12, 12 and 12 months; recommended by prosecutor and special investigator in solicitor's office; probated December 30, 1936.

JOE LAWRENCE: August term, 1936; Superior Court of Paulding County; burglary; 1 to 5 years; 1 to 5 years; 12 months; 12 months; good prison record; recommended by trial judge; sheriff; ordinary; warden; probated December 23, 1936.
ROY SEARLES: September term, 1936; Superior Court of Chattooga County; public indecency; sentence in the Ga. Training School for boys; recommended by prosecutors; sheriff; ordinary; chief of police; physicians and a number of other citizens of the county; solicitor and trial judge; probated December 29, 1936. Not recommended by Prison Commission.
C. E. ROWLAND: November term, 1934; Superior Court of Fulton County; larceny after trust; 1 to 3 years; recommended by prosecutor and attorney on condition applicant continue to make monthly payments to prosecutor until the full amount due her has been paid; probated December 29, 1936. Not recommended by Prison Commission.
C. D. WORKMAN: July term, 1936; superior court of Whitfield County; hit and run; 12 months; good prison

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233

record; recommended by warden and Superintendent State Farm; probated December 30, 1936. Not recommended by Prison Commission.

CLEVELAND DUKE: July term, 1934; superior court of Newton County; burglary; two cases; 3 to 5 and 3 to 5 years; good prison record; bad physical condition due to burns; recommended by county commissioner; warden; sheriff and clerk of superior court; chairman county commission; probated December 31, 1936. Not recommended by Prison Commission.

JOE B. HARRIS: August term, 1936; Superior Court Paulding County; burglary; 1 to 5 years; recommended by judge; solicitor; warden and several county officers; prObated December 30, 1936. Not recommended by Prison Commission.

MRS. ALICE FERGUSON (SMITH): August term, 1936; Snperior Court of Forsyth County; arson; 18 months suspended sentence on condition she stay out of Forsyth County. By the Governor: The laws of our State do not permit banishment. Probation sentence to be served under direction Prison Commission; probated December 30, 1936. Not recommended by Prison Commission.

FARRIS QUARLES: Fall term, 1936; Superior Court of Gordon County; adultery; $200.00 or 12 months; recommended by county officials including clerk of court; ordinary; sheriff; solicitor-general; and others; probated December 30, 1936, on payment fine of $100.00.

HENRY BROWN: August term, 1935; Superior Court of Polk County; burglary; 1 to 3 years; recommended by prosecutor; warden and others; .probated December 30, 1936.

234

JOURNAL OF THE SENATE,

FRED LEISTER: April term, 1934; Superior Court of Clarke County; robbery; 4 to 5 years; good record with exception 2 escapes;- recommended by warden; a number of responsible citizens, including pastor of Capitol View Presbyterian Church; secretary of the Brotherhood of Railroad Trainmen; Dr. Olin S. Cofer; and others; probated J~n~ary 4, 1937. Not recommended by the Prison Commtsston.

ERNEST NOBLES: October term 1934; Superior Court of Early County; arson; 5 years; recommended by the warden; sheriff; clerk of the court; unopposed by the solicitor; probated January 4, 1937. Not recommended by Prison Commission.

ALEX JOHNSON: September term, 1936; Superior Court of DeKalb County; vagrancy; misdemeanor; 12 months; good prison record; family need support; offense not serious; probated January 4, 1937. Not recommended by Prison Commission.
E. L. HAYNES AND MRS. E. L. HAYNES: July term, 1936; Superior Court of Hall County; vagrancy; 12 months; good prison record; recommended by trial judge, Superin~endent at State Farm; Dr. C. 0. Woods; probated January 4, 1937.
J. T. EUBANKS: May term, 1936; Superior Court of Fulton County; seduction; 2 years; recommended by prosecutrix; prison commission recommend that sentence be commuted to misdemeanor and probation for the full term provided applicant pay the spm of $2.50 per week for the support of his wife and child; probated January 7, 1937.
E. W. DAVIS: May term, 1936; Superior Court of Muscogee County; burglary; 12 months; good prison record; recommended by prosecutor; warden; and a number of others; probated January 6, 1937.

THURSDAY, JANUARY 14, 1937.

235

ALVIN SMALLWOOD: August term, 1935; Superior Court of Jackson County; misdemeanor; 12, 12, 12 and 12 months; good prison record; recommended by county commissioners, warden and guards, and other responsible parties. probated January 6, 1937.

W. A. DOLLAR AND HOYT DOLLAR: October term, 1936; Superior Court of Henry County; misdemeanor; 12 months; recommended by warden and guards; good prison record; probated January 6, 1937.

J. P. MOORE: March term, 1935; Superior Court of Rabun County; misdemeanor; 26 months and 20 days; good prison record; recommended by the prosecutor; sheriff; clerk of court; ordinary; and others; propated January 7, 1937.

ERNEST HILL: July term, 1935; Superior Court of Bibb County; burglary; 1 year, 1 year and 1 year; recommended by the chief duputy sheriff and chief of police; commuted to misdemeanors and probated for 18 months January 5, 1937.

W. R. PERRY: May term, 1935; Superior .Court of Fulton County; forgery; 3 years in 4 cases concurrent; recommended by Dr. R. H. Fike, physician in charge at Albert Steiner Clinic who says applicant is suffering from cancer; also by Pastor of First Christian Church of Rome; and County Physician; probated January 6, 1937. Not recommended by Prison Commission.

R. A. PHILLIPS ALIAS ASHLEY PHILLIPS: July adjourned term, 1936; Superior Court of Baker County; simple larceny; 12 months; recommended by solicitor; trial jurors, clerk of court; ordinary; and others; probation granted on payment of fine of $100.00, January 6, 1937.

236

JOURNAL OF THE SENATE,

FRED CLARK: September term, 1936; Superior Court of Gwinnett County; burglary; 12 months; good prison record; recommended by prosecuting witness; ordinary; former sheriff; and others; probated January 6, 1937.
BUCK- PAINTER: October term, 1935; Superior Court of Gilmer County; larceny (stealing small pig); 2 years; good prison record; recommended by trial judge, sheriff; clerk of court; ordinary; county commissioner; and others; probated January 6, 1937.
ROY BONE: August term, 1936; Superior Court of Paulding County; assault to murder; 1 to 4 years; good prison record; recommended by trial judge; prosecutors; sheriffs; clerk of court; chief of police; and others; probated January 6, 1937.
LEWIS RUTLAND: July term, 1936; Superior Court of Wilcox County; sodomy; life imprisonment; recommended by trial jurors; sheriff; clerk; state senator; and other leading citizens; probated January 7, 1937.
HAROLD BURGER: November term, 1935; Superior Court of Fulton County; larceny of auto; 2 years; good prison record; recommended by a number of people familiar with case,; probated January 6, 1937. Not recommended by Prison Commission.
FELTON BULLOCH: February term, 1935; Superior Court of Jackson County; burglary; 3 to 4 years; recommended by sheriff; tax collector; county commissioner and other responsible citizens; probated January 7, 1937. Not recommended by Prison Commission.

GRADY PEARSON: January term, 1935; .Superior Court of Fulton County; robbery; 7 to 15 years; recommended by trial judge, prosecuting officer; and others; probated January 7, 1937. Not recommended by Prison Commission.

THURSDAY, JANUARY 14;. 1937.

237

FRED HARRIS: September term, 1935; Superior Court of Fulton County; misdemeanors; 12 and 12 and 12 months; recommended by Lieutenant C. E. McCrary, chief investigating officer of Detective Department; good prison record; probated January 6, 1937. Not recommended by Prison Commission.

GERALD WALDEN: December term, 1935; Superior Court of Fulton County; larceny of auto; 12 months and 12 months; good prison record; good previous record; recommended by trial judge and warden; probated January 7, 1937.

JAMES THOMPSON: October term, 1936; Superior Court of Thomas County; burglary; 3 to 5 years; good prison record; good previous record; recommended by trial judge, chief of police; mayor and a large number of other responsible parties; probated January 7, 1937.

WILLIE ANGLIN: August term, 1935; Superior Court of Muscogee County; burglary; 2 to 5 and 2 to 5 years; good prison record for 18 months; recommended by prosecutor; probated January 8, 1937. Not recommended by Prison Commission.

J. T. WARREN: October term, 1936; Superior Court of Bleckley County; possessing liquor; 12 months; recommended by county officials and Judge Graham has no objection to probation; probated January 7, 1937. Not recommended by the Prison Commission.

JOHN LAMAR LOKEY: September term, 1936; Superior Court of McDuffie County; possessing liquor; $300.00 and 12 months and 12 months; fine paid and clemency is recommended by ordinary, mayor of Thomson, chief of police and other citi~e11~ familiar with the case; probation granted January 9, l937.

238

JOURNAL OF THE SENATE,

BOB CHANDLER: August term, 1936; Superior Court of Polk County; sodomy; life (2 concurrent cases); youth of applicant, good prison record, good previous record; recommended by the trial judge, prosecutors, and others; probated January 11, 1937.
CHAS. P. STEWART: August term, 1935; Superior Court of Clayton County; involuntary manslaughter; 1 to 3 years; previous good record; sentence commuted to a misdemeanor with sentence of 12 months or $100.00 fi.ne; probated on payment of fine of $100.00; probated January 12, 1937. Not recommended by Prison Commission.
BUD BRANCH: September term, 1936; Superior Court of Quitman County; voluntary manslaughter; 1 to 5 years; recommended by the jurors, county officials and large number of citizens of Quitman County also warden; probation granted January 12, 1937.

PAROLES-1935
CLAUD ALFORD: August term, 1922; Superior Court of Meriwether County; murder; life; good prison record; recommended by warden, sheriff, deputy sheriff and others familiar with facts and circumstances; paroled January 17, 1935.
WOODROW GRIFFIN: August adjourned term, 1933; Superior Court of Candler County; rape; 2 years; good prison record; recommended by prosecutrix, county officials, warden, and large number of citizens of county; paroled January 18, 1935.
BISH KELLY: April term, 1928; Superior Court of Barrow County; murder; life; good prison record; recommended by ordinary, clerk of court; sheriff, chief of police and number of other citizens of Barrow County; paroled January 23, 1935.
TED ORANGE: June term, 1933; Superior Court of Spalding County; robbery; 4 years; good prison record; rec-

THURSDAY, jANUARY 14, 1937.

239

ommended by trial judge, solicitor, prosecutor, and warden; paroled January 23, 1935.

CHARLIE BROWNING ALIAS RED: January term, 1934; Superior Court of Oconee County; assault to murder; 2 to 4 years; good prison record; recommended by warden and guards, also county officials, prosecutor and others; paroled January 24, 1935.

CHARLIE MANGHAM: July adjourned term, 1931;

Superior Court of Pike County; murder; life; good prison

record; recommended by warden and guards, trial judge

and solicitor, county physician and others; paroled January

~1~~

.

OLIN L. ANGLIN: January term, 1933; Superior Court of Fulton County; larceny of auto; 3 to 5 years; good prison record; recommended by prosecutors, also number of other responsible parties, including deputy warden; paroled January 24, 1935.
HARD SIRMANS: April term, 1932; Superior Court of Berrien County; burglary; 3 to 5 years; good prison record with exception of escape to visit his minor children; recommended by trial judge, prosecutor, warden, county commissioners, senator and representative of Berrien County; paroled January 25, 1935.
F. L. DOCHE: February term, 1933; Superior Court of Richmond County; manslaughter; 5 to 10 years; good prison record; recommended by officials under whom he served, also sheriff and solicitor-general; paroled January 26, 1935.
THAD LUMPKIN: August term, 1931; Superior Court of Polk County; murder; life; good prison record; recommended by .trial jurors, wardens, and large number of citizens and officials of Polk and Floyd Counties; paroled January 28, 1935.

240

JOURNAL OF THE SENATE,

NELSON CATES: November term, 1927; Superior Court of Burke. County; voluntary manslaughter; 15 years; good prison record; recommended by members of grand jury, solicitor-general, warden, Chairman County Commissioners, county physician, and others; paroled January 29, 1935.
IRA REID: May term, 1925; Superior Court of Fulton County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by warden and county officials of Hancock County; paroled February 1, 1935.
ELLIS SAPP: May term, 1933; Superior Court of Lowndes County; burglary; 3 to 5 years; good prison record; recommended by county officials, county commissioner and others; paroled February 5, 1935.
CHARLIE KING: October term, 1928; Superior Court of Peach County; voluntary manslaughter; 10 to 15 years; good prison record; recommended by officials under whom he served, and sheriff; paroled February 5, 1935.
WILL JONES: November term, 1924; Superior Court of Terrell County; murder; life; good prison record; recommended by trial judge, members of jury, warden and county officials; paroled February 6, 1935.
CHARLIE ROBERSON: October term, 1932; Superior Court of Crawford County; assault to murder; 4 years; good prison record; recommended by solicitor, trial jurors, county officials, warden and guards; paroled February 6, 1935.
AMOS REDDEN: March term, 1919; Superior Court of Chatham County; murder; life; good prison record; recommended by warden; has promise of employment at Franklin, Ga.; paroled February 9, 1935.
JAMES WILLIAMS: February term, 1933; Superior Court of Polk County; forgery; 4 to 5 years; good prison

THURSDAY, JANUARY 14, 1937.

241

record; recommended by trial judge, prosecuting witnesses and warden; paroled February 11, 1935.
HARRY WALLER: September term, 1932; Superior Court of Fulton County; larceny of auto; 1 to 4 years in each of 4 cases; good prison record; recommended by solic_itor and officials under whom he served; paroled February 13, 1935.
GEORGE GODWIN: November term, 1931; Superior Court of Decatur County; hog stealing; 5 sentences of 2 years each and 2 sentences of one year each; good prison record with exception of one escape; recommended by warden, deputy sheriffs and large number of citizens of Decatur County; paroled February 13, 1935.
JIM SOUTHALL: May term, 1933; Superior Court of Lowndes County; manslaughter; 10 to 20 years; good prison record; recommended by county officials, solicitor, county welfare worker and others; paroled February 13, 1935.
EUNICE ENMORE: May term, 1928; Superior Court of Lowndes County; robbery; 4 to 7 years; good prison record with exception of two escapes; recommended by deputy warden, sheriff, clerk of court; paroled February 14, 1935.
W. W. SHERMAN: May term, 1933; Superior Court of Fulton County; robbery; 2 to 4 and 2 to 4 years (and 1 year concurrent); good prison record; recommended by presiding judge, warden, and large number of responsible parties; paroled February 14, 1935.

ERNEST HARRIS: June term, 1931; Superior Court of Spalding County; burglary; 3 to 5 years; good prison record with exception of one escape; recommended by trial judge, and others; paroled February 14, 1935.

SAM LOGGINS: February term, 1932; Superior Court of Cherokee County; burglary; 4 to 6 years; good prison

242

JouRNAL OF THE SENATE,

record; recommended by trial jurors, warden and others, including solicitor-general; paroled February 14, 1935.
CHARLIE SIMS: Fall term, 1928; Superior Court of Henry County; voluntary manslaughter; 8 to 12 years; goqd prison record with exception of one escape; recommended by sheriff, trial jurors, grand jurors, and others; paroled February 14, 1935.
OTIS JOHNSON: September term, 1931; Superior Court of McDuffie County; murder; life; good pr!son record; recommended by prosecutor, county officials, warden and guards under whom he served; paroled February 14, 1935.
WALTER JACKSON: October term, 1932; Superior Court of Clarke County; assault to murder; 3 to 6 years; good prison record; recommended by trial jurors, county officials, warden, and others; paroled March 4, 1935.
JAMES DENT: November term, 1931; Superior Court of Wilcox County; simple larceny; 5 years; good prison record with exception of one escape; recommended by trial judge, prosecutor, county commissioners, ordinary and others; paroled March 4, 1935.
ANDREW GREEN: September term, 1931; Superior Court of Dougherty County; voluntary manslaughter; 6 to 10 years; good prison record; recommended by warden, deputy sheriff, clerk Superior Court, and others; paroled March 25, 1935.
ALVIN KNIGHT: January term, 1933; Superior Court of Fulton County; burglary; 4 to 5 years; good prison record with exception of two escapes; recommended by trial jurors, officers making investigation, solicitor, trial judge, and State Farm Physician; paroled March 26, 1935.
TOM PARRISH: June term, 1932; Superior Court of Chatham County; robbery; 4 to 6 years; good prison record; recommended by sheriff of Bryan County and others; paroled April 1, 1935.

THURSDAY, }ANUARY 14, 1937.

243

WEYMAN DUDLEY: March term, 1928; Superior Court of Washington County; murder; life; good prison record; recommended by warden, chairman and clerk of county commissioners, sheriff and clerk of court of Washington County, and trial judge and solicitor-general; paroled April1, 1935.
DOLLY HARRIS: February term, 1934; Superior Court of Meriwether County; manufacturing liquor; 2 to 4 years; good prison record; recommended by trial judge, solicitor, sheriff, clerk of court, and others; paroled April1, 1935.
MRS. ALTHEA SWAIN: October term, 1926; Superior Court ofTattnall County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by prosecutor, county officials, trial jurors, warden, and not opposed by trial judge; paroled April 2, 1935.
GEORGE CARWELL: September term, 1931; Superior Court of Berrien County; assault to murder; 5 to 7 years; good prison record; recommended by trial judge, solicitor, grand and petit jurors, county officials, and others; paroled April 3, 1935.
JAMES HARP: April term, 1933; Superior Court of Monroe County; rape; 5 years; good prison record; recommended by trial judge, solicitor, sheriff, and others; paroled April 4, 1935.
SONNIE BOY SAPP: November term, 1933; Superior Court of Terrell County; shooting at another; 3 to 4 years; good prison record; recommended by injured party, county officials, county commissioners, and warden; paroled April 4, 1935.
WILLIAM JOHNSON: February term, 1921; Superior Court of Muscogee County; murder; life; good prison record for more than 10 years; recommended by trial judge, present judge of circuit, warden and commissioners where he served; paroled April 4, 1935.

244

JouRNAL oF THE SENATE,

JAMES PARKS: October adjourned term, 1931; Superior Court of Marion County; larceny of auto; 4 to 5 years; good prison record with exception of 2 escapes; recommended by Hon. F. L. Clements, Chairman, Commissioners of Marion County, who states Judge Yeomans says he should be pardoned; paroled April 5, 1935.
MATHIS MOORE: August term, 1933; Superior Court of Monroe County; manslaughter; 10 years; good prison record; recommended by 11 of trial jurors, county commissioners, county officials, and others; paroled April 5, 1935.
CLAUD SMITH: November term, 1933; Superior Court of Sumter County; forgery; 2 years in each of 5 cases; good prison record; recommended by prosecutor, trial judge, solicitor-general, and warden; paroled April 9, 1935.
RAYMOND WILLIAMS ALIAS KEITH: October adjourned term, 1923; Superior Court of Pike County;murder; life; good prison record; recommended by trial judge, solicitor, warden, trial jurors, county officials and others; paroled April 9, 1935.
GRADY SHERROD: April term, 1931; Superior Court of Thomas County; burglary; 8 years; good prison record; recommended by county officials, including clerk, superior court, ordinary, sheriff, county commissioners, and others; paroled April 10, 1935.
LUCIUS PRATHER: March term, 1934; Superior Court of Lamar County; burglary; 2 years; good prison record; recommended by prosecutor, trial jurors, warden, county commissioners, and county officials of Lamar County; paroled April 10, 1935.

H. D. RAY: July term, 1933; Superior Court of Cobb County; larceny; 2 to 4 years; good prison record; recommended by clerk of court, ordinary and warden; paroled April 11, 1935.

THURSDAY, jANUARY 14, 1937.

245

BOY SPIRES: October term, 1930; Superior Court of Telfair County; murder; life; good prison record; recommended by solicitor, county physician, county commissioner, warden, county and city officials of Statesboro and also county officials of Telfair County; paroled April 11, 1935.
BOB BURKETT: July term, 1924; Superior Court of Bibb County; burglary; 18 years; good prison record; recommended by solicitor, jailor, warden and guards, and county commissioners, sheriff, clerk of court and ordinary of Crawford County; paroled April 11, 1935.
N. E. BENTLEY, ALIAS LUTHER, ALIAS LAWTON ABERNATHY: September term, 1932; Superior Court of Fulton County; burglary; 2 to 5 and 2 to 5 years; good prison record with exception of one escape; recommended by trial judge, warden, probation officer, record clerk and others; paroled April11, 1935.
ALLEN DABBS: February term, 1934; Superior Court of Muscogee County; burglary; 2 to 5 years; good prison record; recommended by trial judge and sheriff; paroled April11, 1935.
NEAL ELLIOTT: January term, 1934; Superior Court of Richmond County; burglary; 3 to 10 years; good prison record; recommended by number of citizens and officials of Richmond County, also solicitor-general; paroled April 11, 1935.
ANDREW KITE: October term, 1933; Superior Court of Fulton County; attempt to murder; 2 to 3 years; good prison record; recommended by warden and trial judge; paroled April 11, 1935.
JOHN CHARLES SHROPSHIRE: October term, 1933; Superior Court of Fulton County; burglary; 2 to 4 years; good prison record with exception of two escapes; recommended by county officials and responsible citizens of Fayette County; paroled April 11, 1935.

246

JouRNAL oF THE SENATE,

ADOLPHUS WATSON: May term, 1930; Superior Court of Fulton County; burglary; 15 to 20 years (4 concurrent c~ses); good prison record; recommended by warden, Chief engineer and member of the Detective Dept. of Atlanta; paroled April 11, 1935.
BLANTON P. WEBB: April term, 1932; Superior Court of Bibb County; robbery; 2 years in 5 cases; good prison record with exception of two escapes; recommended by solicitor-general and large number of citizens of Bibb County; paroled April 16, 1935.
JOHN HENRY GATES: August term, 1923; Superior Court of Spalding County; murder; life; good prison record; recommended by trial judge, solicitor-general and warden; paroled April 18, 1935.
THEODORE HARRIS: September term, 1929; Superior Court of Baldwin County; manslaughter; 15 to 20 years; good prison record; recommended by Chief of Police of Milledgeville, sheriff, and foreman of jury; paroled April 18, 1935.
LACEY BEEKS AND WILLIE WORTHY: May term, 1931; Superior Court of Spalding County; robbery; 10 years; good prison record; recommended by sheriff, deputy sheriffs, solicitor-general, chief of police of Griffin, and officials under whom they served; paroled April 18, 1935.
JIM RENDER: September term, 1926; Superior Court of Fulton County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by warden; paroled April 18, 1935.
LILLIE MAE DAVIS: November term, 1930; Superior Court of Fulton County; voluntary manslaughter; 8 to 12 years; good prison record; paroled April 24, 1935.
COLEMAN BELL: March term, 1932; Superior Court of Henry ~ounty; assault to rape (2 cases); 1 to 2 and 2 to 4 years; good prison record; recommended by warden and

THURSDAY, jANUARY 14, 1937.

247

guards, sheriff, trial judge, ordinary and others; paroled April 24, 1935.
JAKE C. COLLINS: September term, 1929; Superior Court of Fulton County; burglary; 5 to 7 years; good prison record with exception of two escapes; recommended by trial judge, warden, guards, prosecutor, and others; paroled April 25, 1935.
BENNIE CRAWFORD: August term, 1928; Superior Court of Houston County; murder; life; good prison record; recommended by all available witnesses, warden, county commissioners, sheriff and others; paroled April 25, 1935.
TOM BURLEY: April term, 1924; Superior Court of Warren County; murder; life; good prison record; recommended by sheriff, trial jurors, warden, and others; paroled April 25, 1935.
J. C. BAZEMORE: November term, 1933; Superior Court of Screven County; larceny of auto; 2 to 5 years; good prison record; recommended by warden; paroled April 25, 1935.
JAMES WILLIAMS: November term, 1925; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge; paroled April 25, 1935.
KENO JOHNSON: September t~rm, 1933; Superior Court of Oglethorpe County; burglary; 7 to 10 years; good prison record; recommended by warden, trial judge, county officials, and others; paroled April 27, 1935.
HOWARD SHERMAN: November term, 1926; Superior Court of Decatur County; murder; life; good prison record; recommended by trial judge; solicitor, trial jurors, county officials, warden and number of other responsible citizens of Decatur County; paroled May 1, 1935.
JET SMITH: September term, 1931; Superior Court of Madison County; assault to murder; 10 years; assault to

248

JOURNAL OF THE SENATE;

rob; 4 years; good prison record; recommended by solicitorgeneral; paroled May 8, 1935.
MOTE WELCH: April term, 1933; Superior Court of Colquitt County; robbery; 5 to 8 years; good prison record; recommended by warden, representative and senator from that county, large number of responsible citizens and officials; paroled May 9, 1935.

ISAAC FORD: November term, 1929; Superior Court of Randolph County; murder; life; good prison record; recommended by trial jurors, county officials, county commissioners and large number of responsible citizens of county; paroled May 9, 1935.
CHARLIE ALBERT AND EMMETT FOUTE: September term, 1931; Superior Court of Newton County; rape; 8 to 10; 10 to 20; 6 to 15 years respectively; recommended by trial judge, trial jurors, sheriff and deputy sheriff, warden and officials under whom they served; paroled May 9, 1935.
BILL ALEXANDER: Fall term, 1929; Superior Court of Habersham County; murder; life; good prison record; recommended by warden, solicitor and trial judge; paroled May 9, 1935.
HURST PETERS: -February term, 1934; Superior Court of Walton County; burglary; 2 to 4 years; good prison record; recommended by Superintendent of farm, and also by representatives of Walton County; paroled May 9, 1935.
CLYDE CULVERSON: April term, 1928; Superior Court of Fulton County; robbery; 15 to 20 years; good prison record; paroled May 10, 1935.

JOHN WIMBERLY: October term, 1928; Superior
Court of Early County; murder; life; good prison record; recommended by county commissioners, warden, sheriff, and others; paroled May 11, 1935.

THURSDAY, jANUARY 14, 1937.

249

EDD GODHIGH: July adjourned term, 1933; Superior Court of Bartow County; manslaughter; 2 years; good prison record; recommended by county officials, responsible citizens of county, including one of trial jurors; paroled May 11, 1935.
EDMUND HUBBARD: February term, 1921; Superior Court of Meriwether County; murder; life; good prison record; recommended by solicitor-general, county officials of Meriwether County; paroled May 14, 1935.
JOE IRWIN: Spring term, 1928; Superior Court. of Clinch County; murder; life; good prison record; recommended by warden, county officials, county commissioners and number of other responsible citizens; paroled M~y 15, 1935.
ED WILLIS: August term, 1932; Superior Court of Dawson County; assault to murder and robbery; 2 to 4 and 4 to 10 years; good prison record; recommended by trial judge, county commissioners and county officials; paroled May 23, 1935.
RAYMOND TRIBBLE: April term, 1932; Superior Court of Rockdale County; burglary; 12 to 15 years; good prison record with exception of two escapes; recommended by trial judge, trial jurors, county .officials, and large number of citizens of Rockdale and Gwinnett Counties, also Barrow County; paroled May 23, 1935.
JIM HARPER: October term, 1932; Superior Court of Coffee County; burglary; 4 to 8 years; good prison record; recommended by sheriff, warden and others; paroled May 23, 1935.
ABE CROSBY ALIAS JAMES CARTER: May term, 1921, November term, 1925, September term, 1926; Superior Court of Fulton County; larceny of auto, larceny of auto, robbery (3 cases); 5 years, 2_% to 5 years; 20 years (3 concurrent) to follow; recommended by wardens for his aid in

250

JOURNAL OF THE SENATE,

saving camp supplies when prisoners mutinied; paroled May 23, 1935.
THELMA THOMAS: October term, 1924; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, solicitor-general, and warden; paroled May 23, 1935.
LEE WALLACE: March term, 1934; Superior Court of Douglas County; assault to rape; 5 to 10 years; good prison record; recommended by trial judge, solicitor, county officials, and others; paroled May 23, 1935.
LEWIS PROPES: May term, 1932; Superior Court of Fulton County; burglary; 3 to 5 years; good prison record with exception of one escape; recommended by warden; paroled May 23, 1935.
CHARLIE TROUP: March term, 1933; Superior Court of Berrien County; assault to murder; 3 to 5 years; good prison record; recommended by prosecutor; trial jurors, and number of citizens; paroled May 24, 1935.
JOHN RHENEY: November term, 1929; Superior Court of Burke County; voluntary manslaughter; 10 to 15 years; good prison re,cord; recommended by sheriff, ordinary, clerk of court, solicitor city court, chairman county commissioners, and others; paroled May 27, 1935.
R. C. BURTON: September adjourned term, 1929; Superior Court of Franklin County; felony (attempt to wreck train); 7 to 10 years; good prison record; recommended by number of citizens and officials of Franklin County; paroled June 6, 1935.

LEWIS TANKS, Jr.: August term, 1929; Superior Court of Walton County; burglary; 20 years; good prison record with exception of one escape; recommended by prosecutor and chairman county commissioners, trial judge and solicitor not objecting; paroled June 6, 1935.

THURSDAY, JANUARY 14, 1937.

251

B. V. WILSON: January term, 1932; Superior Court of Bulloch County; simple larceny; 1 to 2 and 2 to 3 years; recommended by trial judge and warden; paroled June 4, 1935.
WYLEY SMITH: August term, 1932; Superior Court of Polk County; burglary; 4 to 8 years; good prison record; recommended by trial judge, solicitor, sheriff, clerk of court, chairman county commissioners, wardens, and large number of citizens of Polk County; paroled June 7, 1935.
JOE HALL': March term, 1930; Superior Court of Chatham County; burglary; 7 to 10 years; good prison record; recommended by jurors, sheriff, clerk of court, ordinary, solicitor-general, and others; paroled June 7, 1935.
BEN WARE: July term, 1924; Superior Court of Floyd County; murder; life; good prison record with exception of one escape; recommended by solicitor-general and wardens; paroled June 7, 1935.
LONNIE WARD: May term, 1933; Superior Court of Lowndes County; larceny of auto; 3 to 5 years; good prison record with exception of one escape; applicant has wife and two small children in dire need of support; paroled June 7, 1935.
WILL DUNCAN: October term, 1928; Superior Court of Taylor County; murder; life; good prison record; recommended by warden, sheriff and other county officials; paroled June 10, 1935.
LEX (LESTER) SHEDD: March term, 1934; Superior Court of Rabun County; burglary; 2 years; good prison record; recommended by trial judge, solicitor, prosecutor, clerk of court, ordinary, sheriff, warden and others; paroled June 17, 1935.
J. T. JONES: October term, 1933; Superior Court of Fulton County; assault to murder; 2 to 3 years; good prison

252

JOURNAL OF THE SENATE,

record; recommended by number of citizens, also warden; paroled June 17, 1935.
COSBY BAILEY: August term, 1932; Superior Court of Walton County; manslaughter; 7 to 10 years; good prison record; recommended by trial jurors, warden, county and city officials, Hon. R. P. Burson and others; paroled June 17, 1935.
F. H. DANIEL: Spring term, 1921; Superior Court of Cherokee County; murder; life; good prison record with exception of two escapes; recomended by wife of deceased, sheriff, county officials, trial jurors, solicitor who prosecuted the case and present solicitor; paroled June 17, 1935.
E. Y. BRADLEY: August term, 1933; Superior Court of Jackson County; embezzlement; 3 to 5 years; good prison record; recommended by county officials, including ordinary, clerk of court, sheriff and others, also by trial judge; paroled June 21, 1935.
RICH WILLIAMS: October term, 1931; Superior Court of Toombs County; rape; 20 years; good prison record; recommended by county and city officials, also solicitor, trial jurors and wardens; paroled June 21, 1935.
W. M. GREER ALIAS R. E. GRIER: March term, 1933; Superior Court of Fulton County; larceny of auto; 3 to 4 years; good prison record with exception of one escape; recommended by prosecutors and warden; paroled June 18, 1935.
JAMES FELDER: October term, 1927; Superior Court of Thomas County; misdemeanor; burglary; 6 months, 6 years and 6 years; good prison record; completed misdemeanor sentence; paroled June 26, 1935.
ARTHUR D. NEELY: January term, 1934; Superior Court of Fulton County; manslaughter; 3 to 6 years; good prison record; recommended by warden, trial jurors, and others; paroled June 27, 1935.

THURSDAY, jANUARY 14, 1937.

253

HAMP COX: October term, 1928; Superior Court of Clarke County; murder; life; good prison record; recommended by prosecutors, relatives of deceased, trial jurors, warden, county officials, and others; paroled June 26, 1935.
ROBERT SIMMONS: January term, 1928; Superior Court of Baldwin County; murder; life; good prison record; recommended by trial jurors and others; paroled June 26, 1935.
CLIFFORD W. RABERN: March term, 1934; Superior C0urt of Fulton County; larceny after trust; 2 to 3 years; good prison record; recommended by trial judge, warden, and others; paroled June 26, 1935.
FLEMING HALE: August term, 1932; Superior Court of Meriwether County; manslaughter; 3 to 5 years; good prison record with exception of one escape; recommended by warden, trial jurors, county officials, and large number of responsible citizens of Meriwether County; paroled June 26, 1935.
CHARLIE EASTERWOOD: May term, 1934; Superior Court of Douglas County; assault to murder; 2 to 3 years; good prison record; recommended by prosecutor, trial judge, and others; paroled June 26, 1935.
ROBERT L. BROWN: June term, 1933; Superior Court of Fulton County; attempt to murder; 2 to 4 and 3 to 5 years, concurrent; good prison record; recommended by injured parties and officials under whom he served; paroled June 26, 1935.
JOHN HOWELL: January special term, 1925; Superior Court of Houston County; murder; life; good prison record with exception of one escape; recommended by large number of responsible citizens and officials of Bibb County; paroled June 26, 1935.
RAMPLEY PLEMMONS: May term, 1931; Superior Court of Floyd County; voluntary manslaughter; 15 years;

254

JOURNAL OF THE SENATE,

good prison record with exception of two escapes; recommended by solicitor-general, trial jurors, wardens and large number of citizens of Floyd County; paroled June 27, 1935.

FLOYD WHATLEY: July term, 1925; Superior Court of Cobb County; murder; life; good prison record; recommended by wardens, and MacDougald Construction Co., his former employers; paroled June 28, 1935.

SAM KELLEY: August term, 1933; Superior Court of . Gordon County; manslaughter; 3 years; good prison record recommended by trial judge, solicitor, trial jurors, officials under whom he served, and others; paroled June 27, 1935.

JAMES F. STATON: September term, 1931; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, wardens, guards, county officials and citizens of Floyd County; paroled July 8, 1935.

DAN OWENS: February term, 1926; Superior Court of Meriwether County; murder; life; good prison record; recommended by solicitor; warden, trial jurors, prosecutor, county officials and number of other responsible citizens; paroled July 8, 1935.

TAYLOR PICKLE: February term, 1930; Superior

Court of Chattooga County; burglary; 10 years; good prison

record; recommended by county and city officials, warden,

and others; paroled July 8, 1935.



HEZEKIAH JONES: January term, 1929; Superior Court of Turner County; murder; life; good prison record; recommended by solicitor-general, county officials, wardens, and others; paroled July 10, 1935.

J. D. NEW: October adjourned term, 1933; Superior Court of Coffee County; simple larceny; 4 to 5 years; good prison record; recommended by trial jurors, county officials, warden and guards, and number of other responsible citizens; paroled July 10, 1935.

THURSDAY, jANUARY 14, 1937.

255

AARON HAYES: July term, 1930; Superior Court of Whitfield County; murder; life; good prison record; recommended by solicitor-general, assistant solicitor-general, county officials, city officials of Dalton, county commissioners, trial jurors, wardens, and large number of citizens of county; paroled July 10, 1935.

WALTER WEBSTER: March term, 1930; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, prosecuting attorney, warden, and number of other responsible parties; paroled July 10, 1935.

JAMES WILLIAMS: April term, 1934; Superior Court of Pierce County; burglary; 2 to 5 years; good prison record; recommended by sheriff, clerk of court, county commissioner, and others; paroled July 10, 1935.

HARRISON KEESE: May term, 1933; Superior Court

of Randolph County; assault to rape; 5 to 12 years; good

prison record; recommended by Chief of Police of Cuthbert

grand jurors, trial jurors, county commissioners, warden

and guards; paroled July 10, 1935.



S. E. CAPES: November term, 1933; Superior Court of Fulton County; larceny of auto; 1 to 2 years; good prison record with exception of one escape; recommended by. trial judge; solicitor, and officials under whom he served; paroled July 10, 1935.
HENRY JONES ALIAS SLACK: September term, 1933; Superior Court of Fulton County; robbery; 2 to 5 years; good prison record; recommended by deputy warden, trial judge, and assistant solicitor-general; paroled July 10, 1935.
N. A. (NORMAN) PICKETT: April term, 1934; Superior Court of Clarke County; forgery; 2 to 3 years (2 concurrent cases); good prison record; recommended by officials under whom he served and number of responsible citizens of Athens; paroled July 10, 19.35.

256

JouRNAL oF THE SENATE,

COLLIS PATTERSON: March term, 1929; Superior Court of Madison County; murder; life; good prison record; recommended by trial jurors, county officials of Madison and Oconee Counties, warden and guards and large number of citizens of Madison, Oconee and Oglethorpe Counties; paroled July 10, 1935.
GRADY SMITH: November term, 1929; Superior Court of Fulton County; burglary; 8 to 10 years; good prison record; recommended by number of citizens who state his previous record was good; paroled July 11, 1935.

SYLVESTER HODGES: September term, 1932; Superior Court of Clay County; manslaughter; 12 to 15 years; good prison record; recommended by trial jurors, county officials and grand jurors; paroled July 12, 1935.

ROSCOE CARTWRIGHT: January term, 1934; Superior Court of Haralson County; arson; 2 to 4 years; good prison record; recommended by warden and Superintendent under whom he served, sheriff, deputy sheriff, clerk of court, chairman county commissioners, trial judge, and prosecutrix; paroled July 11, 1935.

WILLIE LITTLE: February term, 1926; Superior

Court of Dooly County; murder; life; good prison record;

recommended by solicitor-general pro tern, county officials,

warden and large number of citizens of Dooly County;

paroled July 15, 1935.



WILLIE EASON: April term, 1934; Superior Court of Twiggs County; assault to murder; 2 years; good prison record; recommended by trial judge, solicitor, county officials, and others; companion case to Isham Jackson; paroled July 19, 1935.

ISHAM JACKSON: April term, 1934; Superior Court of Twiggs County; attempt to murder; 2 years; good prison record; recommended by trial judge, solicitor, county officials, and others; paroled July 19, 1935.



THURSDAY, jANUARY 14, 1937.

257'

SIMON COX: January term, 1931; Superior Court of Bleckley County; burglary; 4 to 10 years; good prison record; with exception of one escape; recommended by trial judge, solicitor, county commissioner, sheriff, and others; paroled July 20, 1935.
ALLEN CONE: April term, 1932; Superior Court of Miller County; assault to murder; 8 to 10 years; good prison record; recommended by county and city officials, county commissioners, trial jurors, and large number of citizens; paroled July 20, 1935.
JIM HOLLOWAY: September term, 1933; Superior Court of Heard County; manslaughter; 3 to 5 years; good prison record; recommended by trial jurors, county officials, and large number of other responsible parties; paroled July 24, 1935.
COLUMBUS MARCUS: August term, 1927; Superior Court of Rabun County; murder; life; good prison record; recommended by trial judge, solicitor, county officials, and trial jurors; paroled July 24, 1935.
REUBEN 0. WHITFIELD: November term, 1924; Superior Court of Habersham County; murder; life; good prison record; recommended by wardens and guards, county officials and county commissioners; paroled July 25, 1935.
S. L. (D. S.) SHUMAKER: December term, 1927; Superior Court of Ware County; rape; 20 years; good prison record; recommended by officials under whom he served; paroled July 25, 1935.
CHARLIE CINNAMON, ALIAS SINNAMON: April term, 1933; Superior Court of Whitfield County; burglary; 5 years; good prison record with exception of one escape; recommended by trial judge, solicitor, warden and guards, sheriff and others; paroled July 25, 1935.
ROBERT WILLIAMS: May adjourned term, 1919; Superior Court of Screven County; murder; life; good

258

JouRNAL oF THE SENATE,

prison record; recommended by trial jurors, trial judge, counsel of prosecution, warden, and others; paroled July 25, 1935.

LEE SHIVERS: November term, 1927; Superior _Court of Jenkins County; murder; life; good prison record; recommended by warden, solicitor, county commissioners, sheriff, and others; paroled July 25, 1935.

MAJOR ADAMS: July term, 1927; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, wardens, solicitor not objecting to clemency; paroled July 25, 1935.

OTIS WILLIAMSON: August term, 1928; Superior

Court of Meriwether County; voluntary manslaughter; 20

years; good prison record with exception of one escape; rec-

ommended by large number of responsible citizens of county

and wardens and officials under whom he served; paroled

July 24, 1935.



RUSSELL AND LAWRENCE PRICE: April term, 1934; Superior Court of Colquitt County; assault to murder; 2 to 3 years; good prison record; recommended by trial jurors, solicitor, sheriff and others; paroled July 24, 1935.

DAVID RICH, Jr.: October term, 1933; Superior Court of Emanuel County; voluntary manslaughter; 5 to 10 years; good prison record; recommended by trial jurors, solicitcr, judge and warden; paroled July 24, 1935.

SAM ASKINS: March term, 1932; Superior Court of Crawford County; manslaughter; 12 to 20 years; good prison record; recommended by solicitor, county commiSsioners, sheriff, warden, guards and others; paroled July 24, 1935.

SHELTON BANKS: May term, 1928; Superior Court of Sumter County; murder; life; good prison record; recommended by eye witness and number of citizens of Sumter County; paroled July 27, 1935.

THURSDAY, JANUARY 14, 1937.

'259

ERNEST SALTER: May term, 1934; Superior Court of Spalding County; assault to murder; 2 years; good prison record; recommended by prosecutor, trial judge, ordinary, and number of citizens of County; trial judge states solicitorgeneral concurs in recommendation; paroled July 30, 1935.
WILL DANIEL: February term, 1930; Superior Court of Bibb County; murder; life; good prison record; recommended by Hon. Chas. H. Garrett and warden; paroled August 3, 1935.
RALPH POSS: September term, 1931; Superior Court of Fulton County; burglary; 5 years; good prison record with exception of two escapes; recommended by trial judge, warden, and others; paroled August 7, 1935.
ROSS JACKSON: November term, 1933; Superior Court of Carrollton; voluntary manslaughter; 3 to 5 years; good prison record; recommended by trial jurors, solicitor county officials, and warden; paroled August 7, 1935.
PHILLIP FOWLER: August term, 1933; Superior Court of Cherokee County; larceny and burglary; 2 to 3 years and 2 to 3 years, concurrent; good prison record with exception of one escape; recommended by prosecutors, sheriff, clerk of court, solicitor, warden, and number of other responsible citizens; paroled August 7, 1935.
ALBERT BOSTICK: June term, 1928; Superior Court of Jefferson County; murder; life; good prison record with exception of two escapes; recommended by trial judge; paroled August 12, 1935.
CHARLEY YOUNGBLOOD: January term, 1934; Superior Court of Baldwin County; manslaughter; 3 years; good prison record; recommended by trial jurors; judge, superintendent, warden, sheriff, and others; paroled August 14, 1935.
EDWARD AIDES: January term, 1934; Superior Court of Baldwin County; manslaughter; 2 years; good prison rec-

260

JouRNAL oF THE SENATE,

ord; recommended by trial jurors, sheriff, solicitor and trial judge not objecting; paroled August 14, 1935.
JOE P. BROWN: September term, 1933; Superior Court of DeKalb County; manslaughter; 10 to 15 years; good prison record; recommended by county officials and citizens of Walton County; paroled August 13, 1935.
J. W. WATERS: January term, 1931; Superior Court of Bibb County; burglary; 20 years; good prison record; recommended by solicitor-general; paroled August 13, 1935.
J. L. CARR: October term, 1932; Superior Court of Laurens County; robbery and burglary; 5 years and 5 years; good prison record; recommended by trial judge; prosecutor, sheriffs of Bibb and Laurens Counties, chief of police of Macon, President of bank which was burglarized, and large number of citizens of Laurens and Bibb Counties; paroled August 14, 1935.
TOM HUMPHRIES: February term, 1934; Superior Court of Meriwether County; burglary; 2 to 4 years; good prison record with exception of one escape; recommended by trial judge, solicitor, prosecutor, and number of other responsible parties; paroled August 14, 1935.
LEWIS HORNSBY: May term, 1933; Superior Court of Troup County; voluntary manslaughter; 12 years; good prison record; recommended by sheriff, deputy sheriff, trial judge, warden, guards, county commissioners, county police, and several hundred citizens of Troup and Harris Counties; paroled August 13, 1935.
C. P. MIXON: January term, 1934; Superior Court of Richmond County; forgery, (4 cases); 1 year in each case; good prison record; recommended by solicitor, prosecutrix, officials under whom he served, and others; paroled August 13, 1935.
GEORGE HILL: January term, 1933; Superior Court of Fulton County; assault to murder; 5 years; g~od prison rec-

THURSDAY, jANUARY 14, 1937.

261

ord with exception of one escape; recommended by party who was assaulted who states he was not injured; paroled August 22, 1935.

WALTER MILLIRON: March term, 1926; Superior Court of Putnam County; murder; life; good prison record; recommended by trial judge, jurors, warden, county officials, and others; paroled August 15, 1935.

JOHN WESLEY RUMPH: May term, 1929; Superior Court of Macon County; voluntary manslaughter; 11 years and 9 months to 15 years; good prison record; recommended by trial jurors; paroled August 14, 1935.

NELSON PARKS, Jr.: November term, 1931; Superior Court of Bibb County; burglary; 20 years; good prison record; recommended by solicitor-general and warden; paroled August 15, 1935.

HUBERT BUSHA: July term, 1934; Superior Court of Stephens County; arson; 2 to 5 years; good prison record; recommended by trial judge, ordinary, clerk of court, sheriff, and others; paroled August 15, 1935.

MARK RHODES: April term, 1934; Superior Court of Effingham County; simple larceny; 2 years; good prison record; recommended by warden and guards; paroled August 15, 1935..

ISAIAH GOINS: November term, 1922; Superior Court of Brooks County; murder; life; good prison record with exception of one escape; recommended by county officials, wardens, guards, and number of other people; paroled August 15, 1935.

ESSEX SHERMAN ALIAS TENNESSEE: November

term, 1930; Superior Court of Decatur County; voluntary

manslaughter; 15 to 20 years; good prison record; recom-

mended by trial judge, prosecutor, county officials; solicitor

not objecting, and trial judge recommending clemency;

paroled August 28, 1935.



262

JOURNAL OF THE SENATE,

EDDIE LEE BONNER: August term, 1933; Superior Court of Wilkes County; burglary; 2 to 3 years; good prison record with exception of one escape; recommended by county commissioner of Madison County, and large number of citizens; paroled September 5, 1935.
TILLMAN COLLEY: October term, 1933; Superior Court of Floyd County; forgery; 3 years; good prison record with exception of one escape; recommended by trial judge and solicitor; paroled September 5, 1935.
JESSE HARDWICK: February term, 1930; Superior Court of White County, voluntary manslaughter; 15 to 18 years; good prison record; recommended by trial judge, solicitor-general; paroled September 13, 1935.
ROGER GAMBLE: February term, 1932; Superior Court of Spalding County; voluntary manslaughter; 5 to 10 years; good prison record with exception of one escape; recommended by trial judge, solicitor, warden and others; paroled September 13, 1935.
EDDIE HOPKIN$: February term, 1934; Superior Court of Bibb County; assault to murder; 3 to 5 years; good prison record; recommended by solicitor, warden, probation officer of county, and others; paroled September 9, 1935.
FRANK (DINK) BROWN (col.): July adjourned term, 1930; Superior Court of Bartow County; murder; life; good prison record; recommended by trial judge, county officials, and others; paroled September 9, 1935.
WILLIE FLUKER: March term, 1930; Superior Court of Crawford County; murder; life; good prison record; recommended by all living trial jurors, solicitor, warden, county officials, and large number of other responsible parties; paroled September 9, 1935.
R. L. COBB: February and March terms, 1932; Cherokee and Forsyth Counties; robbery; misdemeanor (3 cases) sentenced to 4 years; 5 to 20 years;, 5 to 20 years and 12

THURSDAY, jANUARY 14, 1937.

263

months; good prison record with exception of one escape; recommended by warden and county commissioners of Cherokee County; large number of citizens and county officials of Forsyth and Cherokee Counties, and others; paroled September 11, 1935.
KATIE LOU GREER: February term, 1924; Superior Court ofMuscogee County; murder; life; good prison record; recommended by trial judge, solicitor, warden; paroled September 11, 1935.
JOHN PICKETT: December term, 1931; Superior Court of Mcintosh County; manslaughter; 10 to 15 years; good prison record; recommended by trial judge and solicitor; paroled September 25, 1935.
WILLIE LAWSON: February term, 1931; Superior Court of Taliaferro County; rape; 6 to 10 years; good prison record; recommended by warden; paroled September 25, 1935.
HERBERT MAPLE: May term, 1934; Superior Court of Dodge County; burglary; 3 to 5 years; good prison record; recommended by trial _iudge, solicitor, warden, guards, and others; paroled September 25, 1935.
HERMAN INGERSOLL: November term, 1927; Superior Court of Muscogee County; misdemeanor ancl burglary; 12 months and 2 years in 11 consecutive cases; good prison record; recommended hy solicitor, warden, and others; paroled September 25, 1935.
LONNIE GREEN: October term, 1920; Superior Court of Burke County; murder; life; good prison record with exception of one escape; recommended by warden and county commissioners; paroled September 25, 1935.
MADISON CUMMINS: May term, 1923; Superior Court of Baldwin County; murder; life; good prison record; recommended by trial judge, solicitor, county commissioners, warden, and others; paroled September 25, 1935.

264

JouRNAL Of THE SENATE,

J. W. HARDAGE: September term, 1933; Superior Com t of Fulton County; burglary; 5 to 10 years; good prison record; recommended by warden, guards, trial judge and others; paroled September 25, 1935.
WYLEY MOBLEY ALIAS HUBERT JOHNSON: July term; 1929; Superior Court of Oconee County; burglary; 20 years in 2 concurrent cases; good prison record; recommended by prosecutors, trial jurors, warden and guards; paroled October 4, 1935.
E. C. JAMES: April term, 1933; Superior Court of Colquitt County; robbery; 5 to 8 years; good prison record; recommended by clerk of court and other responsible citizens of Colquitt County, county commissioners of Early County and number of other responsible officials and citizens of county where he served; paroled October 2, 1935.
ADOLPHUS POPWELL: November adjourned term, 1926; Superior Court of Brantley County; voluntary manslaughter; 17 to 20 years; good prison record with exception of two escapes; recommended by brother of deceased, county officials, wardens, guards, and others; paroled October 10, 1935.
JOHN W. BROWN: March term, 1934; Superior Court of Lamar County; voluntary manslaughter; 2 years; good prison record; recommended by warden, county commissioners, sheriff of Toombs County, trial .iurors and others; paroled October 10, 1935.
ZEBELLE LEARY: August term, 1918; Superior Court of Dooly County; murder; life; good prison record; recommended by warden and county officials; paroled October 11, 1935.
JOHN J. ANDERSON: July term, 1934; Superior Court of Fulton County; forgery; 2 to 3 years: good prison record; recommended by trial judge and officials under whom he served; paroled October 11, 1935.

THURSDAY, jANUARY 14, 1937.

265

GUY RAINES, Jr.: September term, 1934; Superior Court of Fulton County; burglary; 2 to 5, and 7 to 10 years, concurrent; good prison record; recommended by county commissioners of Bulloch County, warden, chairman County Commissioners Laurens County, solicitor city court of Statesboro, Judge City Court of Statesboro, and others; paroled October 11, 1935.
JOHN MUNRO: March term, 1931; Superior Court of Fulton County; robbery; 2 to 3 years; good prison record with exception of two escapes; recommended by trial judge, officials under whom he served, and' others; paroled October 11, 1935.
ROBERT MOORE: September term, 1931; Superior Court of Peach County; murder; life; good prison record; recommended by trial jurors, solicitor, warden, county officials, and others; paroled October 19, 1935.
TENNIE GRAYSON: Fall term, 1913; Superior Court of Chatham County; murder; life; good prison record with exception of three escapes; recommended by warden; paroled October 28, 1935.
LONNIE POLAR: March term, 1930; Superior Court of Dawson County; voluntary manslaughter; 10 to 12 years; good prison record with exception of one escape; recommended by trial judge, ordinary, clerk of court, warden, guards, and others; paroled October 28, 1935.
GEORGE AUSTIN: August term, 1923; Superior Court of Muscogee County; murder; life; good prison record; recommended by county commissioners, and wardens; paroled October 30, 1935.
CHARLIE WILSON ALIAS JACK WILSON: March term, 1934; Superior Court of Fulton County; misdemeanor and robbery; 6 months and 2 to 4 years; good prison record; recommended by trial judge; paroled October 30, 1935.

266

JouRNAL oF THE SENATE,

CHESTER HOOD: August term, 1933; Superior Court of Candler County; voluntary manslaughter; 5 years; good prison record; recommended by trial judge, solicitor, and warden; paroled November 4, 1935.
PRETTIS COLLIER: Spring term, 1928; Superior Court of Schley County; involuntary manslaughter; 19 to 20 years; good prison record; recommended by warden, trial jurors, county commissioners, sheriff, and number of other responsible citizens of Schley County; paroled November 4, 1935.
HERMAN HUNT: November term, 1931; Superior Court of Bibb County; robbery; 7 to 10 years; good prison record with exception of one escape; recommended by chief of police of Macon, prosecutors, sheriff, and large number of responsible citizens of Bibb County; paroled November 6, 1935.
D. J. HARP: May term, 1930; Superior Court of Brooks
County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by trial jurors, county officials and others; paroled November 6, 1935.
OTIS WOODWARD: August term, 1925; Superior Court of Meriwether County; murder; life; good prison record with exception of one escape; recommended by warden, county commissioners, and number of other responsible parties; paroled November 6, 1935.
J. T. CULPEPPER: November term, 1931; Superior
Court of Muscogee County; burglary; 10 to 20 years; good prison record with exception of one escape; recommended by arresting officer, sheriff, clerk of court, ordinary, trial judge, wardens, guards and county officials under whom he has served; paroled November 6, 1935.
ANDREW FAVORS: August term, 1933; Superior Court of Meriwether County; assault to rape; 3 to 5 years; good prison record; recommended by warden, sheriff, and other responsible parties; paroled November 6, 1935.

THURSDAY, jANUARY 14, 1937.

267

WILLIAM HUGHES: October term, 1933; Superior Court of Fulton County; larceny of auto; 3 to 5 years; good prison record; recommended by trial judge; paroled November 6, 1935.
ROBERT MITCHELL: May term, 1934; Superior Court of Fulton County; larceny of auto; 3 to 5 years; good prison record; recommended by warden; not opposed by solicitor; paroled November 5, 1935.
FELTON BISHOP: July term, 1933; Superior Court of Floyd County; larceny after trust; 5 years; good prison record; recommended by prosecutor, trial judge, solicitor, officials and guards under whom he served; paroled November 14, 1935.
0. R. THORPE: January term, 1933; Superior Court of Bibb County; larceny from house; 4 years; good prison record; recommended by sheriff, chief of police of Macon, and officials under whom he served; paroled November 14, 1935.
HARRISON HILL: March term, 1929; Superior Court of Fulton County; murder; life; good prison record; recommended by warden, county commissioner, camp physician, and former employer; paroled November 14, 1935.
ARTHUR STARR: December term, 1926; Superior Court of Cobb County; murder; life; good prison record; recommended by trial judge; solicitor, county officials, and number of other responsible citizens; paroled November 14, 1935.
LEMON WAY: September term, 1931; Superior Court of Liberty County; voluntary manslaughter; 18 to 20 years; good prison record; recommended by trial jurors, warden, chairman county commissioners, trial judge, and others; paroled November 14, 1935.
HERBERT STOREY: July term, 1932; Superior Court of Harris County; manslaughter; 7 to 12 years; good prison record; recommended by sheriff, ordinary, clerk of court~

268

JouRNAL oF THE SENATE,

county commissioner, foreman of jury and large number of other responsible citizens of Harris and Muscogee Counties; paroled November 9, 1935.
EDWARD CURTIS: October term, 1932; Superior Court of Chatham County; larceny from house; 8 to 10 years; good prison record; recommended by trial jurors, solicitor; paroled November 8, 1935.
ED CHANCE: November term, 1922; Superior Court of Bibb County; murder; life; good prison record; recommended by warden and ordinary of Lincoln County; paroled November 14, 1935.
D. L. THOMPSON: February term, 1931; Superior Court of Rabun Cqunty; burglary; 3 to 5 and 2 to 3 years; good prison record; recommended by trial judge, county officials, and warden; paroled November 14, 1935.
ROSALEE BARBER: Spring term, 1925; Superior Court of Polk County; murder; life; good prison record; recommended by solicitor-general and others; paroled November 15, 1935.
GEORGE SMITH: January term, 1928; Superior Court of Hall County; murder; life; good prison record; recommended by trial judge, solicitor-general, warden, guards, and others; paroled November 14, 1935.
ROBERT TALLEY: August adjourned term, 1934; Superior Court of Gordon County; burglary; 5 years; good prison record; recommended by solicitor, sheriff, warden, ordinary, and guards; paroled November 14, 1935.
JOHN WALLER: Fall term, 1925; Superior Court of Fayette County; accessory before the fact to murder; life; good prison record; recommended by members of trial jury, clerk of court, and number of citizens of Fayette County; paroled November 13, 1935.
OLIVER JONES: March term, 1921; Superior Court of Dougherty County; murder; life; good prison record; rec-

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269

ommended by warden and county commissioners; paroled November 13, 1935.
GEORGE BLUE: November term, 1929; Superior Court of Fulton County; voluntary manslaughter; 15 to 20 years; go'od prison record; recommended by superintendent and warden at State farm, also trial judge; paroled November 13, 1935.

ERNEST BRANNON: July term, 1934; Superior Court of Fulton County; robbery; 12 mohths and 3 to 5 years concurrent; good prison record; recommended by prosecutor, solicitor, trial judge and warden; paroled November 13, 1935.

TOM H. OAKES: January term, 1934; Superior Court of Barrow County; manslaughter; 5 to 10 years; good prison record; clemency recommended by warden, county officials and citizens of Barrow County; paroled November 13, 1935.
WILL WRIGHT: November term, 1922; Superior Court of Fulton County; burglary; 10 to 20 and 15 to 20 years; good prison record; recommended by Congressman Tarver, who was trial judge; paroled November 13, 1935.
LEON WILLIAMSON: December adjourned term, 1930; Superior Court of Ware County; robbery; 10 to 15 years; good prison record with exception of two escapes; recommended by prosecutor, warden, representative of county, county commissioner, sheriff, and others; paroled November 19, 1935.

STEWART THORNBROUGH: August adjourned

term, 1934; Superior Court of Gordon County; burglary; 3

years; good prison record; recommended by solicitor, trial

jurors, chief of police, and county officials; paroled Novem-

ber 20, 1935.



DICK BAILEY: September term, 1933; Superior Court of Henry County; voluntary manslaughter; 10 to 12 years; good prison record; recommended by trial jurors, warden,

270

JOURNAL OF THE SENATE,

guards, chairman county commissioners, prosecutor. county officials, trial judge, and number of citizens of county; paroled November 20, 1935.
JOHNNIE CASTEEL: October term, 1935; Superior Court o.f Jones County; kidnapping; 4 to 7 years; good prison record; recommended by prosecutors, trial jurors, trial judge, and also solicitor; paroled November 23, 1935.
EARLY HALL: April term, 1934; Superior Court of Early County; assault to murder; 2 to 10 years; good prison record; recommended by warden, county officials and number of responsible citizens of Early County; paroled November 27, 1935.
CARL SHIFLET: March term, 1932; Superior Court of Upson County; assault to rape; 10 to 15 years; good prison record; recommended by prosecutrix, solicitor, trial judge, warden, sheriff, and others; paroled November 27, 1935.
LEONARD GREENWAY: August adjourned term 1931; Superior Court of Hart County; manslaughter; 10 to 20 years; good prison record; recommended by trial judge, clerk of court, solicitor, member of trial jury, officials under whom he served, and others; paroled November 27, 1935.
CHARLIE McCARTHY: January term, 1933; Superior Court of Stephens County; burglary; 7 to 15 years; good prison record; recommended by prosecutor, trial judge, solicitor, sheriff, and clerk of court; paroled November 27, 1935.
MANDY WILLIAMS: April term, 1914; Superior Court of Twiggs County; murder; life; good prison record; recommended by warden and responsible citizens who know applicant; paroled November 27, 1935.
ROLAND ZACHARY: Spring term, 1920; Superior Court of Coweta County; murder; life; good prison record with exception of one escape; recommended by superintendent and warden under whom he served; paroled December 5, 1935.

THURSDAY) JANUARY 14; 1937.

271

DUBY GAINES: May term, 1934; Superior Court of Bryan County; assault to murder; 3 to 5 years; good prison record; recommended by solicitor-general; paroled December 5, 1935.
CHARLIE Rf\INES: January term, 1931 and May adjourned term, 1931; Superior Court of Lowndes County; simple larceny and burglary; 12 months and 10 years to follow; good prison record; recommended by clerk of court, warden, sheriff, paroled December 5, 1935.
CUYLER JAMES: November term, 1923; Superior Court of Screven County; murder; life; good prison record;
recommended by J. Q. Dukes under whom he served, by
Spencer Powell and Alex, Atty. Mills, and others; paroled November 30, 1935.
JEROME HILLSMAN: December term, 1931; Superior Court of Morgan County; murder; life; good prison record; recommended by mother of deceased, trial jurors, judge, county commissioners, warden, clerk of court, sheriff, and a number of other responsible citizens; paroled December 9, 1935.
G. F. WONG: May term, 1934; Superior Court of Richmond County; manslaughter; 20 years; good prison record; recommended by trial judge, wardens, and number of responsible citizens of Augusta; paroled December 9, 1935.
J. E. (JAKE) NEWTON: September term, 1931; Superior Court of Chattooga County; burglary; 10 to 15 years; good prison record; clemency urged on account of applicant's age and bad physical condition; paroled December 12, 1935.
CHARLES DANIELS: January term, 1932; Superior Court of Floyd County; rape; 8 to 10 years; good prison record; recommended by assistant solicitor-general; paroled December 12, 1935.
TEDDY WORTHY: August term, 1924; Superior Court of Upson County; murder; life; good prison record;

272

JouRNAL oF THE SENATE,

recommended by wife of deceased, warden, seven of trial jurors, trial judge and solicitor; paroled December 12, 1935.
PAUL DOWDY: May term, 1934; Superior Court of Telfair County; manslaughter; 10 to 15 years; prisoner in very bad physical condition; recommended by trial judge and solicitor, also State Farm physician; paroled December 12, 1935.
CHARLIE CROSBY: November term, 1931; Superior Court of Bibb County; burglary filling station; 10 to 20 years; good prison record with exception of two escapes; recommended by sheriff, officials under whom he served, and number of responsible citizens; paroled December 12, 1935.
WILL LEMONS: April term, 1929; Superior Court of Warren County; murder; life; good prison record with exception of one escape; recommended by warden and guards, trial jurors, county officials, trial judge; paroled December 12, 1935.
VOGE LAMAR: March term, 1935; Superior Court of Fulton County; murder; life; good prison record; recommended by superintendent and warden; paroled December 12, 1935.
JOE McCOLLUM: July term, 1931; Superior Court of
Newton County; burglary; 7 to 10 years; good prison record; recommended by trial judge, solicitor, clerk, sheriff and ordinary of Rockdale County; paroled December 17, 1935.
CLARENCE BEST: July term, 1930; Superior Court of Floyd County; burglary; 8 to 9 years; good prison record; poor physical condition; recommended by warden and guard, also attending physician; paroled December 20, 1935.
GEORGE RIDLEY: October term, 1933; Superior Court of Fulton County; arson; 1 to 2 and 1 to 2 years; commutation granted applicant on December 13, 1935 for

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273

him to be committed to State Asylum for treatment; warden says his mental condition improved, and recommended parole; paroled December 20, 1935.
DENNIS REESE ALIAS WILL HALL: January term, 1916; Superior Court of Mitchell County; murder; life; good prison record with exception of one escape; recommended by superintendent and warden; paroled December 20, 1935.
OTIS ROBERSON: April term, 1933; Superior Court of Pierce County; burglary; 5 to 10 years; good prison record; recommended by trial judge, solicitor, warden, commissioner of Pierce County, foreman of grand jury; paroled December 20, 1935.
LEE HENDRIX: August term, 1932; Superior Court of Fulton County; manslaughter; 18 to 20 years; good prison record with exception of one escape; recommended by H. A. Allen who was employed by prosecutors; trial judge, county physician, warden, and large number of other citizens; paroled December 20, 1935.
DEWEY HENSON: April, 1933 and December adjourned term, 1933; Superior Courts of Union and Fannin Counties; burglary and felony; 1 to 2, 1 to 2, and 1 to 5 years, to follow; good prison record with exception of one escape; recommended by trial jurors, warden, and prosecutor; paroled December 20, 1935.
JOHN HUDSON: November term, 1931; Superior Court of Macon County; manslaughter; 7 to 12 years; good prison record; recommended by superintendent and warden, clerk of court, trial jury, and number of responsible citizens of county; paroled December 20, 1935.
ROGERS HURST: November term, 1926; Superior Court of Burke County; murder; life; good prison record; recommended by trial jurors, clerk of court, ordinary, sheriff, county commissioner, and trial judge; paroled December 21, 1935.

274

JOURNAL OF THE SENATE,

MASTON HARRIS: December term, 1922; Superior Court of Glynn County; murder; life; good prison record; recommended by wardens, county officials; paroled December 23, 1935.
LAMMIE CAMPER: October term, 1934; Superior Court of Worth County; manslaughter; 2 to 3 years; good prison record; recommended by warden, sheriff, former employer; paroled December 20, 1935.
JACK CROFT, DAVID PRUITT AND OLIN WILEY: August adjourned term, 1934; Superior Court of Cherokee County; burglary; 2 to 7 years; 2 to 7 years; 6 months and 2 to 7 years to follow, respectively; good prison record; recommended by prosecutor, trial judge, solicitor, sheriff, ordinary, clerk of court, and others; paroled December 21, 1935.
DAVID COCKFIELD: January term, 1929; Superior Court of Coffee County; manslaughter; 20 years; good prison record; recommended by trial judge, sheriff, clerk of court, present solicitor, and number of other responsible parties; paroled December 23, 1935.
AMOS PRUITT: August adjourned term, 1934; Superior Court of Cherokee County; burglary; 2 to 7 years; good prison record; recommended by prosecutor, trial judge, solicitor, county officials, and others; paroled December 21, 1935.
P. C. PACE: Spring term, 1923; Superior Court of Early County; murder; life; good prison record; recommended by trial jurors, grand jurors, county officials, wardens, and large number of citizens of Early County; paroled December 23, 1935.
LUCIUS PAULK: October term, 1929; Superior Court of Coffee County; murder; life; good prison record; recommended by trial judge, sheriff, clerk of court, present solicitor and number of other responsible parties; paroled December 23, 1935.

THURSDAY, jANUARY 14, 1937.

275

ALBERT POPE: March term, 1930; Superior Court of

Coffee County; murder; life; good prison record; recom-

mended by trial jurors, trial judge, sheriff, clerk of court,

present solicitor, and number of other responsible parties;

paroled December 23, 1935.



JIM LANGSTON: January term, 1926; Superior Court of Fulton County; murder; life; good prison record; recommended by superintendent and warden; paroled December 20, 1935.

ARfHUR SPEARS: Spring term, 1920; Superior Court of Cherokee County; rape; 20 years; good prison record with exception of two escapes; recommended by superintendent and warden; paroled December 20, 1935.
DAVE WILSON: March term, 1923; Superior Court of Johnson County; murder; life; good prison record with e:X'ception of three escapes; recommended by Sl perintendent and warden under whom he served, and otl.ers; paroled December 20, 1935.

BUFORD WITCHER: March term, 1934; Superior Court of Elbert County; burglary; 6 to 9 years; good prison record; recommended by county commissioner, warden, guards, and large number of citizens in community; paroled December 20, 1935.

WALKER GRIFFIN: October term, 1930; Superior Court of Fulton County (rape sodomy); assault to rape; 20 years, 5 years and 1 year; Prison Commission recommended that all sentences be made to run concurrent with 20-year sentence and applicant then be paroled as to 20-year sentence; paroled December 18, 1935.

ROY GILBERT: September term, 1932; Superior Court

of Fulton County; voluntary manslaughter; 5 to 7 years;

good prison record; recommended by warden, trial judge,

and number of responsible citizens and officials; paroled

December 18, 1935.



276

JOURNAL OF THE SENATE,

CARL GLISSON: July term, 1933; Superior Court of Fulton County; burglary; 2 to 4 years; good prison record with exception of two escapes; paroled December 20, 1935.
JOHN L. KINCHENS: May term, 1926; Superior Court of Dooly County; murder; life; good prison record; recommended by trial jurors, warden, and others; paroled December 23, 1935.
B. W. ANDERSON: July adjourned term, 1924; Superior Court of Bartow County; murder; life; good prison record; recommended by solicitor, warden, county physician and number of others; paroled December 20, 1935.
HARD DEKLE: February term, 1925; Superior Court of Candler County; murder; life ;good prison record; reccommended by superintendent and warden under whom he served; paroled December 20, 1935.
SAM DAVIS: May term, 1925; Superior Court of Macon County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by trial jury, county officials, warden, and county commissioners; paroled December 20, 1935.
WILLIAMS BALILES: Fall term, 1927; Superior Court of Fannin County; murder; life; good prison record with exception of one escape; recommended by trial judge; superintendent, warden, and number of citizens of county; paroled December 20, 1935.
CLARENCE BAKER: February term, 1931; Superior Court of Spalding County; burglary; 10 to 12 years; good prison record; recommended by trial judge, prosecutor, and warden; paroled December 20, 1935.
RAYMOND GOOCH: August term, 1933; Superior Court of Dawson County; voluntary manslaughter; 19 to 20 years; good prison record; recommended by the trial jurors, solicitor-general, county officials and others; paroled September 25, 1935.

THURSDAY, jANUARY 14, 1937.

277

PAROLES-1936. Through January 12, 1937.
KIT GILBERT: October term, 1931; Superior Court of Fulton County; burglary; 2 to 5, and 4 to 5 years; good prison record; recommended by trial judge, solicitor, wardens, and others; paroled January 10, 1936.
JAMES CALLOWAY: September term, 1927; Superior Court of Madison County; murder; life; good prison record; recommended by relatives of deceased, county commissioner, warden, guards, county police, sheriff, ordinary, and clerk of court; paroled January 14, 1936.
FRANK PHILPOT: May ter111, 1927; Superior Court of Fulton County; murder; life; good prison record; recommended by county officials, warden, county commissioners of Marion County, and also number of responsible citizens ofFulton County; paroled January 15,1936.
GEORGE DELK: March adjourned term, 1934; Superior Court of Clinch County; manslaughter; 7 to 10 years; good prison record; recommended by trial judge, warden, trial jurors, father of deceased, chairman of county commissioners, and others; paroled January 18, 1936.
GUY MANN: April term, 1934; Superior Court of Rockdale County; robbery; 5 to 7 years; good prison record; recommended by warden, sheriff, ordinary, clerk of court, chairman of county commissioners, County Superintendent of Schools, and Mayor of Conyers; paroled January 17, 1936.
W. C. CARR: July term, 1932; Superior Court of Bibb County; burglary; 5 years and 10 years; good prison record with exception of one escape; recommended by sheriff, solicitor, jailer, wardens, and number of responsible citizens of county; paroled January 23, 1936.
A. C. CARTER, LEE HUDSON AND DODIE WILLIAMS: March term, 1931; Superior Court of Crawford County; burglary; 12 to 20 years each; good prison

278

JOURNAL OF THE SENATE,

records with exception of one escape by A. C. Carter; recommended by sheriff, ordinary, county commissioner, clerk, county commissioners, warden, and guards; paroled January 23, 1936.
HOLLIS CLARK: October term, 1934; Superior Court of Lumpkin County; misdemeanor and forgery; 12 months and 2 years concurrent; good prison record; recommended because of service rendered in saving life of guard who was overpowered by seven other convicts; paroled January 24, 1936.
WILL DOWDELL: Spring term, 1922; Superior Court of Sumter County; murder; life; good prison record; recommended by wardens and superintendent; paroled January 22, 1936.
V. A. GUTHRIE: April term, 1933; Superior Court of Fulton County; larceny of auto; 5 years; good prison record; recommended by solicitor; paroled January 22, 1936.
JOHN SEWELL: October term, 1934; Superior Court of DeKalb County; robbery; 3 to 5 years (3 years and 1 year concurrent); good prison record; recommended by trial judge, solicitor, warden, and others; paroled January 22, 1936.
SAM MAE: June special term, 1929; Superior Court of Terrell County; burglary and larceny from house; 10 to 12 years, 5 to 6 years, and 12 months; good prison record; recommended by prosecutor, trial judge, sheriff~ and warden; paroled January 23, 1936.
JOHN MORGAN: November term, 1932; Superior Court of Fulton County; burglary; 4~ to 6 years; good prison record; paroled January 23, 1936.
WILL SHIELDS: September term, 1933; Superior Court of Fulton County; rape; 15 to 20 years; recommended by trial judge, solicitor and warden; good prison record; paroled January 23, 1936.

THURSDAY, jANUARY 14, 1937.

279

LUTHER BROWN: January term, 1935; Superior Court of Oconee County; burglary and misdemeanor; 12 months, 12 months and 2 to 5 years concurrent; good prison record; recommended by prosecutors, ordinary, clerk of Superior Court, chairman of county commissioners, wardens, guards, and others; paroled February 5, 1936;
EDRINE BUTLER: April term, 1931; Superior Court of Effingham County; murder; life; good prison record; recommended by trial jurors, judge, superintendent, and warden; paroled February 3, 1936.
WILLIAM GREEN YOUNGBLOOD: May term' 1934; Superior Court of Richmond County; manslaughter; 18 years; good prison record; recommended by warden and solicitor; paroled February 6, 1936.
ALBERT WILLIAMS: May term, 1925; Superior Court of Macon County; murder; life; good prison record; recommended by warden and also trial judge; paroled February 6, 1936.
SAM WYATT: September term, 1933; Superior Court of Henry County; assault to murder; 3 to 7 years; good prison record; recommended by sheriff, c!erk of court, ordinary, and tax commissioner; paroled February 6, 1936.
EDDIE CONN, ALIAS R. L. FRANCIS: January tetm, 1934; Superior Court of Fulton County; larceny of auto and mutilating; 5 to 7 years and 2 to 5 years, concurrent; good prison record; recommended by trial judge, superintendent and officials and representatives of county where he was born and reared; paroled February 13, 1936.
FRANK BROWN: February term, 1931; Superior Court of Spalding County; burglary; 10 to 12 years; good prison record; recommended by trial judge, solicitor and prosecutor; paroled February 13, 1936.
SAM RUDISALL: September term, 1934; Superior Court of Fulton County; larceny of auto; 2 to 5 years;

280

JouRNAL oF THE SENATE,

good prison record; recommended by prosecutor, solicitor, deputy sheriffs, and others; paroled February 13, 1936.
CLEVE McKAY: October term, 1934; Superior Court of Spalding County; assault to murder; 4 years; good prison record; recommended by trial judge, solicitor and warden; paroled February 13, 1936.
HUBERT ROZIER: June term, 1934; Superior Court of Brantley County; assault to murder; 2 to 5 years; good prison record; recommended by trial judge, ordinary and large number of citizens of Brantley County; paroled Febr-uary 14, 1936.
ROBERT STEPHENS: November term, 1923; Superior Court of Thomas County; attempting to wreck train; life; good prison record; paroled February 14, 1936.
BAILEY PATTERSON: July term, 1928; November term, 1933; Superior Court of Hall County; rape, burglary; 5 to 10 years, 1 to 2 years; applicant paroled August 31, 1932; convicted November 13, 1933, of burglary; good prison record; recommended by trial judge, solicitor, clerk of court, wardens, and party alleged to have been assaulted; paroled February 14, 1936.
EDDIE MEREDITH: May term, 1934; Superior Court of Muscogee County; assault to murder; 2 to 5 years; good prison record; recommended by county policemen, county engineer, superintendent of roads, warden, and others; paroled February 18, 1936.
HENRY GAYNOR: October term, 1930; Superior Court of Effingham County; manslaughter; 8 to 10 years; good prison record; recommended by trial judge, solicitor, clerk of court, and trial jurors; paroled February 18, 1936.
JIM AUSTIN, ALIAS ALSTON: February special term, 1925; Superior Court of Brantley County; murder; life; good prison record; recommended by warden and trial judge; paroled February 18, 1936.

THURSDAY, jANUARY 14, 1937.

281

JOE JONES: Feb_ruary term, 1934; Superior Court of Meriwether. County-; burglary; 3 to 5 years; good prison record; recommended by trial judge, solicitor, prosecutor, warden, county officials, and others; paroled February 19, 1936.
W. W. McADAMS: October term, 1934; Superior Court of Fulton County; blackmail; 2 to 4 years; good prison record; recommended by warden and large number of responsible citizens; paroled February 26, 1936.
WILL JONES: November term, 1925; Superior Court of Fulton County; murder; life; good prison record with exception of one escape; recommended by solicitor, warden and foreman; paroled February 26, 1936.
MYRICK D. WOOD: February term, 1923; Superior Court of Bibb County; murder; life; good prison record; recommended by trial jurors, warden, county and city officials, and others; paroled February 27, 1936.
TOM REMSON: February term, 1934; Superior Court of Wilkes County; voluntary manslaughter; 5 to 10 years; good prison record; recommended by county commissioners, sheriff, trial jurors, and others; paroled February 27, 1936.
ALBERT PRICE: May term, 1932; Superior Court of Glynn County; murder; life; good prison record; recommended by chief of police, solicitor, sheriff, warden, and large number of citizens of Glynn County; paroled March 3, 1936.
MARTIN HIGHTOWER: October term, 1933; Superior Court of Crisp County; assault to murder; 3 to 5 years; good prison record; r~commended by clerk of Superior Court, warden and guards; paroled March 4, 1936.
WILLIE PATTERSON: April term, 1927; Superior Court of Emanuel County; murder; life; good prison record; recommended by trial judge, trial jurors, warden, and others; paroled March 5, 1936.

282

JouRNAL oF THE SENATE,

(WILTON) BILL WATERS: March term, 1935; Superior Court of Tattnall County; assault to murder; 2 to 3 years; good prison record; recommended by prosecutor, trial juro~s, county officials, and warden; paroled March 5, 1936.
GEORGE HEAD: February term, 1935; Superior Court of Butts County; burglary; 3 to 5 years; good prison record; recommended by prosecutor, sheriff, judge, solicitor, and warden; paroled March 5, 1936.
CHARLIE B. LOCKETT: March term, 1929; Superior Court of Peach County; murder; life; good prison record; recommended by warden and county officials of Crawford County; paroled March 11, 1936.
R. L. TRAVIS: June term, 1926; Superior Court of Fulton County; murder; life; good prison record with exception of 2 escapes; recommended by wardens and officials under whom he has served; paroled March 11, 1936.
ELIAS BULLARD: Octob~r term, 1929; Superior Court of Coffee County; murder; life; good prison record; recommended by trial judge, warden, guards, prosecutors, sheriff, trial jurors, and large number of citizens of county; paroled March 11, 1936.
WILL COUSINS: November term, 1927; March term, 1928; Superior Courts of Fulton and DeKalb Counties; burglary; 5 to 10 years and 4 to 10 years; 3 years; good prison record; recommended by warden, and solicitors of Fulton and DeKalb Counties state they do not oppose clemency; paroled March 11, 1936.
TIP BENNEFIELD: August term, 1933; Superior Court of Muscogee County; assault to murder; 5 to 10 years; good prison record; recommended by warden, county peace officers, and a number of other responsible parties; paroled March 11, 1936.
JACK ELAM: October term, 1934; Superior Court of DeKalb County; larceny from auto; 2 to 5 years; good

THURSDAY, JANUARY 14, 1937.

283

prison record; recommended by prosecutors, solicitor and large number of citizens of county; paroled March 12, 1936.
JOSH JONES: October term, 1924; Superior Court of Bibb County; voluntary manslaughter; 20 years; good prison record; recommended by solicitor; paroled March 12, 1936.
WILLIE BUIE: March adjourned term, 1926; Superior Court of Clinch County; murder; life; good prison record; recommended by trial judge, solicitor, warden, guards, and others; paroled March 16, 1936.
STELLA JOHNSON: November term, 1921; Superior Court of Bryan County; murder; life; good prison record; recommended by warden; paroled March 17, 1936.
HARLEY SMITH: February term, 1935; Superior Court of Murray County; burglary; 4 to 5 years; good prison record; recommended by prosecutor, trial judge, assistant solicitor, county officials, and large number of citizens; paroled March 17, 1936.
T. T. GROGAN: March term, 1936; Superior Court of DeKalb County; burglary; 3 to 5 years; good prison record; recommended by trial judge, solicitor, and large number of citizens of county; paroled March 18, 1936.
OTIS BODY: September term, 1925; Superior Court of Fulton County; murder; life; good prison record with exception of one escape; recommended by officials and citizens of Lincoln County; paroled March 18, 1936.
LUTHER CULBERTSON: October term, 1932; Superior Court of Carroll County; assault to murder; 7 to 10 years; good prison record; recommended by solicitor, trial judge, sheriff, deputy sheriffs, clerk of court, ordinary, warden, and guards; p-aroled March 18, 1936.
ED POWELL: October term, 1933; Superior Court of Emanuel County; manslaughter; 5 to 10 years; good prison

284

JouRNAL OF THE SENATE,

record; recommended by trial judge, solicitor, trial jurors, county officials, warden, and guards; paroled March 19, 1936.
KESSIE TUCKER: October term, 1934; Superior Court of Tattnall County; assault to murder; 2 to 3 years; good prison record; recommended by prosecutor, trial judge, jurors, and others; paroled March 19, 1936.

TOM BRADLEY: November term, 1934; January term, 1935; Superior Court of Fulton County; larceny of auto; 2 to 5 years and 3 to 5 years to follow; good prison record; recommended by chief of police of DeKalb County and solicitor; paroled March 20, 1936.

HERBERT FORRESTER, LOYD PADEN, EMMET PADEN AND JESSIE SHAW: August adjourned term, 1934; Superior Court of Cherokee County; burglary; 2 to 7 years, 2 to 7 years, 2 to 7 years, 6 months and 3 to 10 years, respectively; recommended by trial judge, solicitor and prosecutor; paroled March 20, 1936.

COY STEPHENS: July term, 1934; Superior Court of Clarke County; burglary; 4 to 6 years; good prison record with exception of one escape; recommended by warden and number of citizens and officials of county; paroled March 20, 1936.

CHARLIE F. MOBLEY: March and May terms, 1934; Superior Court of Fulton County; larceny of auto, felony; 2 years, and 2 to 5 years; good prison record; recommended by solicitor, prosecutors, wardens, and others; paroled March 20, 1936.

BEN ANDERSON: February term, 1927; Superior Court of Richmond County; murder; life; good prison record with exception of one escape; recommended by solicitor, warden and large number of citizens of South CarOlina who know applicant; paroled March 25, 1936.

THURSDAY, JANUARY 14, 1937.

285

BUELL THOMPSON, ALIAS THOMAS: February term, 1935; Superior Court of Jackson County; larceny of auto; two years; good prison record; recommended by guards and large number of responsible citizens and officials of county; paroled March 25, 1936.
ED ALLEN: March term, 1934; Superior Court of Coweta County; manslaughter; 4 to 10 years; good prison' record; recommended by trial judge, warden, sheriff, clerk of court, county commissioners, and others; paroled March 25, 1936.
WILL GAILLARD: October term, 1934; Superior Court of Stephens County; burglary and misdemeanor; 2 years and 2 months, concurrent; good pri&on record; recommended by trial judge, solicitor, sheriff, clerk of court, and others; paroled March 26, 1936.
J. A. CENTERFELT: May term, 1933; Superior Court of Brooks County; rape; 15 to 20 years; good prison record; recommended by warden, superintendent and guards, also prosecutor and others; paroled March 26, 1936.
ELMER MANNING, ALIAS THOMPSON: July term, 1933; Superior Court of Cobb County; burglary; 10 to 20 years; good prison record; no objections to clemency from trial judge and solicitor; paroled March 27, 1936.
JAMES JEFFERSON: April term, 1934; Superior Court of Wilkinson County; manslaughter; 10 years; good prison record; recommended by trial jurors, sheriff, ordinary, clerk of court, county commissioners, warden, and guards; paroled March 27, 1936.
WILLIAM CULBERSON: Fall term, 1920; Superior Court of Harris County; murder; life; good prison record; recommended by warden and county physician; paroled March 27, 1936.
JIM TAYLOR: October term, 1931; Superior Court of Todmbs County; voluntary manslaughter; 18 to 20 years;

286

JouRNAL OF THE SENATE,

good prison record; recommended by trial judge, solicitor, trial jurors, county officials, state senator, representative, and others; paroled March 27, 1936.
WILLIE HUNTER: August term, 1929; Superior Court of Muscogee County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by trial judge; paroled March 27, 1936.
HOWARD SUMNER: November term, 1933; Superior Court of Lee County; voluntary manslaughter; 10 to 15 years; good prison record; recommended by trial jurors, warden, guards, ordinary, chairman of county commissioners, and others; paroled April1, 1936.
S. F. BIVINS: May term, 1932; Superior Court of Dooly County; embezzlement; 8 to 10 years; good prison record; recommended by trial jurors, warden, deputy warden, sheriff, and large number of citizens of Dooly and Crisp counties; paroled April3, 1936.
BARTOW LOVE: January term, 1932; Superior Court of Greene County; burglary; 15 to 20 years; good prison record; recommended by county policemen, sheriff, clerk of court, ordinary, warden, trial judge, and others; paroled April 3, 1936.
JACK BRADLEY: October term, 1930; Superior Court of Thomas County; murder; life; good prison record; recommended by trial jurors, county commissioners, deputy sheriff, jailer, county officials, prosecuting attorney, and large number of citizens; paroled April 6, 1936.
GEORGE ELROD: October term, 1928; Superior Court of Mitchell County; voluntary manslaughter; 12 to 20 years; good prison record; recommended by superintendent and warden; paroled April 7, 1936.
JOE BARNES: February term, 1933; Superior Court of Muscogee County; burglary; 10 to 20 years; good prison record; recommended by wardens, county engineer, chief county police, and others; paroled April 8, 1936.

THURSDAY, JANUARY 14, 1937.

287

ALONZO WHITFIELD: November term, 1926; Superior Court of Burke County; murder; life; good prison record; recommended by warden, members of grand and trial juries, solicitor, sheriff, and others; paroled April 9, 1936.
WILL GOOSBY, ALIAS FLIG: October term, 1922; Superior Court of Clarke County; murder; life; good prison record; recommended by trial jurors, deputy sheriff and Superintendent of State Farm; paroled April 10, 1936.
TOM SCOTT: November term, 1934; Superior Court of Brooks County; shooting at another; 3 years; good prison record; paroled April 10, 1936.
CLEVE HARRIS: October term, 1934; Superior Court of Barrow County; voluntary manslaughter; 5 years; good prison record; recommended by trial jurors and former sheriff; paroled April 14, 1936.
JOHN HENRY WILLIAMS: March term, 1931; Superior Court of Clinch County; manslaughter; 10 to 15 years; good prison record; recommended by trial judge, solicitor, trial jurors, wardens, and others; paroled April 25, 1936.
WILSON McLEOD, ALIAS JAMES WILSON: April term, 1935; Superior Courts of Telfair and Peach Counties; misdemeanor and larceny; 12 months and 3 years to follow, and 12 months concurrent; good prison record; paroled April 20, 1936.
TOM HOLCOMB: May term, 1933; Superior Court of Walker County; larceny from house and burglary; 2 to 3 years, and 5 to 6 years; good prison record with exception of one escape; recommended by warden, guards, and large number of citizens; paroled April 22, 1936.
L. (LEWIS) HAMMOND: November term, 1924; Superior Court of Muscogee County; murder; life; good

288

JOURNAL OF THE SENATE,

prison record; recommended by trial judge, warden, county officials, and others of Forsyth County; paroled April 22, 1936.
DAVE HOLLOWAY: August term, 1931; Superior Court of Murray County; murder; life; good prison record; recommended by solicitor, trial jurors, city and county officials, and large number of others; paroled April 22, 1936.
LUCY HUGHIE: September term, 1933; Superior Court of Henry County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by solicitor, trial jurors, warden, county officials, and others; paroled April 22, 1936.
VIRGIL GREEN: October term, 1932; Superior Court of Clarke County; manslaughter; 15 to 20 years; good prison record; recommended by county police, warden, trial jurors, and others; paroled April 22, 1936.
JOHN DeLOACH: June term, 1929; Superior Court of Sumter County; murder; life; good prison record; recommended by wardens, county officials, and large number of citizens of county; paroled April21, 1936.
SPARE DEWBERRY: Spring term, 1925; Superior Court of Gwinnett County; murder; life; good prison record with exception of two escapes; recommended by prosecutor, warden, county commissioners, and others; paroled April 23, 1936.
OTIS STANLEY: April term, 1935; Superior Court of Laurens County; burglary; 5 years; good prison record; recommended by prosecutor, trial judge and solicitor; paroled May 4, 1936.
ERNEST LAWSON: March term, 1934; Superior Court of Johnson County; assault to rape; 5 to 10 years; good prison record; recommended by prosecutor, trial judge, trial jurors, and solicitor; paroled May 4, 1936.

THURSDAY, JANUARY 14, 1937.

289

FRANK WILLIAMS: February term, 1935; Superior Court of Chatham County; murder; life; good prison record; no opposition; paroled May 13, 1936.
DAVID, ALIAS WALTER WEBB: March term, 1934; Superior Court of Fulton County; forgery; 3 to 5 years, and 2 to 3 years, concurrent; good prison record; recommended by trial judge, solicitor, warden, and others; paroled May 13, 1936.
EDWARD SAMPLES: March term, 1934; Superior Court of Fulton County; burglary; 1 to 2 years and 3 to 5 years; good prison record; recommended by warden and guards, county physician, and large number of citizens; paroled May 13, 1936.
L. D. GRIER, ALIAS SONNY BOY: January term, 1935; Superior Court of Oconee County; assault to murder; 2 to 3 years; good prison record; recommended by clerk of court, sheriff, warden, guards; paroled May 13, 1936.
SHUG CARTER: April adjourned term, 1929; Superior Court of Carroll County; murder; life; good prison. record; recommended by commissioner, warden, ordinary, sheriff, deputy, and others; paroled May 13, 1936.
BOYCE DURHAM, ALIAS TOT: December term, 1931; Superior Court of Cherokee County; murder; life; good prison record; recommended by solicitor, warden, clerk of court, trial jurors, county commissioner, and number of others; paroled May 13, 1936.
SIM WALKER, ALIAS WALTER WILKIE: October term, 1933; Superior Court of Spalding County; burglary; 10 years and 20 years; good prison record; recommended by trial judge and solicitor; paroled May 13, 1936.
JIM CULLINS: October term, 1933; Superior Court of Wilkinson County; assault to murder; 5 to 10 years; good prison record; recommended by trial jurors, judge, solicitor, warden, and guards; paroled May 14, 1936.

290

JouRNAL OF THE SENATE,

MITCHELL WILLIAMSON: April term, 1932; Superior Court of Pierce County; manslaughter; 18 to 20 years; good prison record with exception of one escape; recommended by representative, sheriff, mayor of Blackshear, warden, county commissioner, clerk of court, and others; paroled May 16, 1936.
BURTON WALDEN: January term, 1935; Superior Court of Hall County; burglary; 2 years; good prison record with exception of 2 escapes; recommended by solicitor, trial judge, prosecutor, and others; paroled May 21, 1936.

GEORGE BIRD: March term, 1933; Superior Court of Heard County; voluntary manslaughter; 5 to 7 years; good prison record; recommended by trial judge, solicitor, sheriff, ordinary, clerk of court, and other county officials; paroled May 26, 1936.

FERRELL McCANN: May term, 1935; Superior Court of Troup County; larceny of auto; 3 to 5 years; good prison record; recommended by trial judge, solicitor, and others; paroled May 27, 1936.
RAYMOND BLANKENSHIP: March term, 1934; Superior Court of DeKalb County; felony and misdemeanors; 3 years, 12 and 12 months, concurrently; good prison record; recommended by solicitor, sheriff, warden, and others; paroled May 27, 1936.
JOHN HENRY HARRIS: March term, 1935; Superior Court of Henry County; burglary; 2 years; good prison record; recommended by county officials and others; paroled May 27, 1936.

JOE BARNES: March term, 1934; Superior Court of Henry County; manslaughter; 4 to 6 years; good prison record; recommended by large number of citizens of county, including sheriff, ordinary, clerk of court, and others; paroled May 27, 1936.

THURSDAY, JANUARY 14, 1937.

291

SCRAP CALDWELL: July term, 1934; Superior Court of Pike County; manslaughter; 4 to 8 years; good prison record; recommended by trial jurors, trial judge and solicitor; paroled May 27, 1936.
OTIS STENSON: January term, 1925; Superior Court of Fulton County; murder; life; good prison record; recommended by warden and county commissioners; paroled May 28, 1936.
GEORGE DAVIS: November term, 1932; Superior Court of Wilcox County; murder; life; good prison record with exteption of one escape; recommended by trial jurors, ordinary, clerk of court, and others; paroled May 28, 1936.
LEWIS (ALIAS MUNCH) JACKSON: February term, 1929; Superior Court of Bibb County; voluntary manslaughter; 18 to 20 years; good prison record; recommended by warden and others; paroled May 28, 1936.
WATSON WILLIAMS: May term, 1933; Superior Court of Burke County; murder; life; good prison record; recommended by prosecutor, sheriff, solicitor, trial jurors, county commissioners, and others; paroled June 1, 1936.
BRYANT MERRITT: October term, 1934; Superior Court of Turner County; robbery; 3 to 5 years; good prison record; recommended by trial judge and solicitor; also large n,umber of citizens in Florida where he resided; paroled June 1, 1936.
WILL McREA: February term, 1927; Superior Court of Worth County; murder; life; good prison record with exception of one escape; recommended by trial jurors, sheriff, county commissioners, ordinary, and others; paroled June 2, 1936.
MARIE HARRELL: December term, 1925; Superior Court of Mclntosh County; murder; life; good prison record; recommended by sheriff, ordinary, county commissioners; paroled June 1, 1936.

292

JOURNAL OF THE SENATE,

JOHN HENRY AND WILLIE JONES: January term, 1935; Superior Court of Baldwin County; larceny; 3 years; good prison records; recommended by prosecutor; paroled June 1, 1936.
WENDELL RUTHERFORD: February term, 1933; Superior Court of Monroe County; burglary; 4 to 8 years and 4 to 8 years; good prison record; recommended by prosecutor, trial judge, solicitor, warden, and county commissioners; paroled June 1, 1936.
SWEET LEE AND ZACK RUFFIN, ALIAS CLARK: May term, 1929; Superior Court of Jenkins County; murder; life; good prison record; recommended by trial judge, solicitor, warden, and others; paroled June 1, 1936.
WALTER D. LEWIS: March term, 1928; Superior Court of Fulton County; voluntary manslaughter; 13 to 20 years; good prison record; paroled June 1, 1936.
THOMAS TUGGLE: October term, 1934; Superior Court of Barrow County; burglary; 3 years; good prison record; recommended by prosecuting witness, warden, guards, and large number of citizens of county; paroled June 1, 1936.
GAYNOR WICKER, ALIAS FORT: November term, 1929; Superior Court of Jefferson County; voluntary manslaughter; 10 to 15 years; good prison record with exception of one escape; recommended by warden and assistant warden of McDuffie County; paroled June 10, 1936.
ROBERT OAKLEY: November term, 1934; Superior Court of Fulton County; shooting at another and misdemeanor; 2 to 4 years, and 12 months, concurrent; good prison record; recommended by trial judge, warden, and others; Paroled June 10, 1936.
JOHN McWHORTER: March term, 1932; Superior Court of Fulton County; murder; life; good prison record; paroled June 10, 1936.

THURSDAY, jANUARY 14, 1937.

293

J. P. DYSART: Fall term, 1933; Superior Court of

Bartow County; burglary; 3 years; good prison record with

exception of 2 escapes; recommended by trial judge, soli-

citor, sheriff, county commissioner, and others; paroled

'June 10, 1936.



PEACHES RICHARDSON: May term, 1935; Superior Court of Berrien County; assault to murder; 2 years; good prison record; recommended by trial judge, solicitor, sheriff, and others; paroled June 10, 1936.

WILLIAM HODGES: January term, 1935; Superior Court of Bulloch County; rape; 2 to 4 years; good prison record; recommended by solicitor and warden; paroled June 10, 1936.

PORTER DUNLAP: J amiary term, 1933; Superior Court of Whitfield County; burglary; 5 to 10 years; good prison record with exception of one escape; recommended by trial judge, solicitor, warden, county officials, and others; paroled June 10, 1936.

T. W. HASTINGS: May term, 1935; Superior Court of Lowndes County; manslaughter; 5 to 10 years; good prison record; recommended by trial jurors, sheriff, ordinary, clerk of. court, warden, chairman of county commissioners, and large number of citizens of county; paroled June 5, 1936.

CHOICE AND PAT COLEY: October term, 1932; Superior Court ofTattnall County; voluntary manslaughter; 15 to 20 years and 10 to 15 years, respectively; good prison records; recommended by sheriff, ordinary, clerk c:1f court, deputy sheriff, county commissioners, trial jurors, and others; paroled June 4, 1936.

JIM FORBES: Spring term, 1919; Superior Court of Dooly County; murder; life; good prison record with exception of 6 escapes; recommended by trial judge and warden; paroled June 10, 1936.

294

JOURNAL OF THE SENATE,

LUCIUS BENFORD: January term, 1935; Superior Court of Fulton County; larceny of auto; 4 years; good prison record; recommended by solicitor and others; paroled June 11, 1936.

TOM ALEXANDER: Fall term, 1929; Superior Court

of Habersham County; murder; life; good prison record;

recommended by warden and guards; paroled June 11,

1936.

-

COY FEWOX: October term, 1926; Superior Court of Charlton County; voluntary manslaughter; 18 to 20 years; good prison record with exception of 2 escapes; recommended by warden and large number of citizens and officials of Georgia and Florida; Paroled June 11, 1936.

HARRY CARTER: May term, 1930; Superior Court of Walton County; murder and assistant to murder; life and 10 years; good prison record with exception of one. escape; recommended by county commissioners, clerk of court, sheriff, chief of police, and others; paroled June 11, 1936.

GENE BIGGS: May term, 1930; Superior Court of Walton County; assistant to murder and murder; 10 years and life; companion case to Harry Carter; recommended by sheriff, ordinary, clerk of court, county commissioners, and others; paroled June 11, 1936.

CHARLIE LUCAS HOLCOMB: November term, 1927; Superior Court of Sumter County; murder; life; good prison record; recommended by number of trial jurors, sheriff, deputy sheriff, and others; paroled June 12, 1936.

CHARLES R. MADDOX: November term, 1934; Superior Court of Pike County; burglary; 3 to 5 years; good prison record; recommended by prosecutor, trial judge, solicitor, and others; paroled June 12, 1936.
CARL EAGERTON: April term, 1934; Superior Court of Tattnall County; robbery; 4 to 6 years; good prison

THURSDAY, jANUARY 14, 1937.

295

record with exception of one escape; recommended by warden, guards, county policeman, county officials, county commissioners, and others; paroled June 12, 1936.
GERTRUDE HAMMOND: September term, 1925; Superior Court of Richmond County; murder; life; good prison record; recommended by warden (trial judge and solicitor both dead); paroled June 15, 1936.
ROY TRIMMEL, ALIAS TRAMON: May term, 1934; Superior Court of Muscogee County; robbery; 2 to 15 years; good prison record with exception of one escape; recommended by prosecutor, wardens, police officers of Columbus, and trial judge; paroled June 15, 1936.
W. T. ANDREWS: August term, 1933; Superior Court of Meriwether County; manslaughter; 5 years; good prison record; recommended by trial judge and number of responsible citizens of county; paroled June 24, 1936.
BERRY AIKEN: November term, 1931; Superior Court of Putnam County; voluntary manslaughter; 6 to 10 years; good prison record; recommended by trial judge, solicitor, county officials, and warden; paroled June 24, 1936.
GOLD COBB: February term, 1936; Superior Court of Worth County; voluntary manslaughter; 15 years; good prison record; recommended by warden, chairman of county commissioners, and number of citizens of county; paroled June 24, 1936.
ROY L. DEMPSEY: March term, 1934; Superior Court of Fulton County; larceny of auto; 3 years; good prison record; recommended by prosecutor, solicitor, and others; paroled June 24, 1936.
JOHN MAY: April term, 1934; Superior Court of Fannin County; forgery; 3 to 5 years and 3 to 5 years, concurrent; good prison record; recommended by prosecutor, solicitor, warden, and county commissioner; paroled June 24, 1936.

296

JouRNAL OF THE SENATE,

JOHN SMITH: February term, 1936; Superior Court of Meriwether County; burglary and simple larceny; 5 to 10 years and 5 to 10 years to follow; recommended by prosecutor, solicitor, warden, county officials, and others; paroled June 24, 1936.
HENRY TERRELL, ALIAS JESSE MARSHALL: January term, 1932; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, warden and Superintendent at State Farm; paroled June 25, 1936.
GENE THOMAS: April term, 1922; Superior Court of Early County; murder; life; good prison record with exception of 4 escapes; recommended by county officials, warden and others; paroled June 25, 1936.
RALPH THOMPSON: October term, 1933; Superior Court of Tattnall County; voluntary manslaughter; 5 to 10 years; good prison record; recommended by trial judge, solicitor, trial jurors, county officials, superintendent, warden and guards; paroled June 25, 1936.
ABE FERGUSON: July term, 1931; Superior Court of Cobb County; voluntary manslaughter; 10 to 20 years; good prison record; recommended by solicitor, trial judge, officials under whom he served, and others; paroled June 25, 1936.
HOYT GIBBY: May term, 1934; July term, 1934; Superior Courts of Franklin and Stephens Counties, respectively; misdemeanor, arson; 12 months, 2 to 5 years; good prison record; recommended by sheriff and school trustees; paroled June 30, 1936.
COY TRULOCK: April term, 1935; Superior Court of Colquitt County; simple larceny; 2 to 3 years; good prison record; recommended by county commissioners, warden, clerk of court, and others; paroled June 30, 1936.

THURSDAY, JANUARY 14, 1937.

297

AARON WALKER: June term, 1932; Superior Court of. Chatham County; robbery; 8 to 10 years; good prison record; recommended by several of trial jurors and officials of county; paroled July 7, 1936.
ODELL PICKENS: August term, 1933; Superior Court of Walker County; burglary; 3 to 4 years; good prison record; recommended by solicitor, county officials and warden; paroled July 8, 1936.
CHARLIE STORY: November term, 1934; Superior Court of Muscogee County; assault to murder; 2 to 5 years; good prison record; recommended by trial judge, county physician, and large number of others; paroled July 8, 1936.
J. R. WHITTINGTON: April term, 1934; Superior Court of Bibb County; robbery; 5 to 7 years; good prison record; recommended by sheriff, chief of police of Macon, solicitor, prosecuting witness, and officials under whom he has served; paroled July 8, 1936.
FRANK MANN: March term, 1935; Superior Court of Gwinnett County; felony, burglary; 3 to 4 years; good prison record; recommended by prosecutor, mayor of Grayson, prosecuting officer, chairman of county commissioners, and others; paroled July 8, 1936.
JACK WATTS: November term, 1932; Superior Court of Screven County; burglary; 5 years and 5 years to follow; good prison record; recommended by solicitor and warden; paroled July 8, 1936.
WILL STEWART: June term, 1934; Superior Court of Spalding County; burglary; 3 to 5 years; good prison record; recommended by warden, sheriff, county commissioner, county police, trial judge and solicitor not objecting to clemency; paroled July 8, 1936.
LEE HEATON: November term, 1931; Superior Court of Upson County; voluntary manslaughter; 10 years;

298

JouRNAL OF THE SENATE,

good. prison record with exception of one escape; recom-
mended by solicitor and Jas. R. Davis, attorney; paroled
July 9, 1936.
CLAUDE BERRONG, MARION LOCKABY, VAUGHN NATIONS, AND ROY STYLES: March term, 1935; Superior Court of Towns County; burglary, felony, burglary, burglary; 5 years; 2 to 3 years; 5 years; 10 years, respectively; good prison records; recommended by trial judge, solicitor, sheriff, other county officials, and a number of citizens of Towns County; paroled July 9, 1936.
CLINE ALLEN: March term, 1935; Superior Court of Towns County; burglary; 2 years; good prison record; recommended by warden and guards under whom he is serving, also county officials and citizens of Towns County; companion case to Claude Berrong, et al.; paroled July 9, 1936.
JESSE STARNES: November term, 1933; Superior Court of Fulton County; larceny of auto; 2,% to 5 years in two concurrent cases; good prison record; recommended by superintendent, warden and guard; paroled July 9, 1936.
WILLIAM (W. GUY) MARTIN: October term, 1936; Superior Court of Richmond County; robbery; 10 years; good prison record with exception of 2 escapes; recommended by large number of citizens; paroled July 10, 1936.
DeWITT MEADOWS: September term, 1929; Superior Court of Chattahoochee County; murder; life; good prison record; recommended by county officials, including clerk of court, sheriff, ordinary, county commissioners, trial judge, and others; paroled July 16, 1936.
JESS CHAMBERS: April term, 1930; Superior Court of Floyd County; murder; life; good prison record; recommended by county commissioner, warden, guards, and number of citizens of county; paroled July 13, 1936.

THURSDAY, jANUARY 14, 1937.

299

J. P. ADDIE: October term, 1931; Superior Court of Effingham County; simple larceny; 2 to 3 years and 3 to 4 years; good prison record; recommended by trial judge; paroled July 16, 1936.
WILLIE B. LANGSTON: September term, 1932; Superior Court of Coweta County; murder; life; good prison record; recommended by superintendent and wardens; paroled July 20, 1936.
DELAY THORNTON: January term, 1935; Superior Court of Fulton County; assault to murder; 5 to 10 years and 12 months; good prison record; recommended by prosecutrix, warden, and others; paroled July 23, 1936.
MARLOW FORTNER: October term, 1922; Superior Court of Lumpkin County; murder; life; good prison record with exception of 2 escapes; recommended by sheriff, representative, and humber of other responsible citizens of county; paroled July 23, 1936.
WILL RICKS: February term, 1923; Superior Court of of Treutlen County; manslaughter; 10 to 15 years; good prison record with exception of one escape; recommended by trial judge, solicitor, physician, and others; paroled July 23, 1936.
OSCAR HARDEMAN: September term, 1931; Superior Court of DeKalb County; burglary; 20 years; good prison record with exception of 2 escapes; recommended by responsible citizens of Monroe, also deputy warden; paroled July 23, 1936.
ELMER MOULDER: April term, 1934; Superior Court of Mitchell County; burglary; 5, 5 and 5 years; good prison record; recommended by prosecutors, trial judge, and solicitor-general; paroled July 23, 1936.
WILL THOMPSON: October term, 1936; Superior Court of Thomas County; murder; life; good prison record; recommended by trial judge, warden and county commissioners; paroled July 23, 1936.

300

JouRNAL oF THE SENATE,

JOHN B. CHUMBLEY: August term, 1935; Superior Court of Forsyth County; forgery; 2 to 5 years, 2 to 5 years, and 12 months, concurrent; recommended by warden and large number of citizens of county; paroled July 23, 1936.
JAMES HALL: April term, 1933; Superior Court of Thomas County; burglary; 5 to 7 years; good prison record with exception of one escape; recommended by prosecutor; sheriff, trial jurors, judge, officials, and others; paroled July 23, 1936.
DELAWARE HOUSTON: March term, 1932; Superior Court of Washington County; murder; life; good prison record; recommended by solicitor, trial judge, jurors, county officials, and warden; paroled July 23, 1936.
ASHLEY, ALIAS JULIAN YOPP: October term, 1931; Superior Court of Laurens County; murder; life; good prison record; recommended by trial judge, prosecutor, sheriff, and deputy sheriffs of county; paroled July 23, 1936.
WAYNE HARPER: March term, 1933; Superior Court of Fulton County; sodomy; life; good prison record; recommended by trial judge, wardens and number of citizens of East Point, Ga.; paroled July 23, 1936.
ROBERT STROZIER: May term, 1925; Superior Court of Fulton County; burglary (8 cases), concurrent; 15 to 20 years; good prison record with exception of 4 escapes; recommended by trial judge, officials under whom he served, and others; paroled July 24, 1936.
SOLOMON DAVIS SPRINGER, ALIAS ROBT. LEE, ALIAS J. REED: October term, 1929; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, warden, guards; paroled July 24, 1936.
OTTIS BROWN: October term, 1932; Superior Court of Laurens County; burglary; 7 to 10 years; good prison

THURSDAY, jANUARY 14, 1937.

301

record; recommended by trial judge, warden and guards; paroled July 28, 1936.
SIMON LEARY: November term, 1928; Superior Court of Houston County; murder; life; good prison record; recommended by prosecutor, sheriff, ordinary, and number of responsible citizens of county; paroled July 28, 1936.
HARRY LEE HUDSON: March term, 1935; Superior Court of Coffee County; assault to murder; 3 to 5 years; good prison record; recommended by prosecutor, solicitor, trial judge, clerk of court, and others; paroled July 31, 1936.
LEWIS McKAY: July term, 1935; Superior Court of Haralson County; robbery; 2 to 4 years; good prison record; recommended by trial judge, solicitor, sheriff, and others; paroled August 4, 1936.
BENNIE JACKSON: May term, 1924; Superior Court of Ware County; murder; life; good prison record; recommended by clerk of Superior Court and others; paroled August 6, 1936.
FRANK WARREN: February term, 1933; Superior Court of Walker County; attempt to rob and assistant to murder; 4 years and 10 years; good prison record; recommended by solicitor, prosecutor, and others; paroled August 6, 1936.
LONNIE J. BOATRIGHT: May term, 1934; Superior Court of Bacon County; manslaughter; 2 to 5 years; good prison record; recommended by trial jurors, county officials, and others; paroled August 11, 1936.
WALTER DAWKINS: May term, 1935; Superior Court of Muscogee County; burglary; 2 to 4 years; good prison record; paroled August 11, 1936.
ED WATTS: April term, 1935; Superior Court of Union County; burglary; 2 years; good prison record; recommended by trial judge, prosecutor, and others; paroled August 11, 1936.

302

JOURNAL OF THE SENATE,

ISAAC HAMILTON: September term, 1934; Superior Court of McDuffie County; assault to murder; 3 to 5 years; good prison record; recommended by warden, sheriff, solicitor, trial judge, and others; paroled August 11, 1936.
DAN CHRISTMAS: August term, 1934; Superior Court of Dooly County; voluntary manslaughter; 3 to 8 years; good prison record; recommended by trial jurors, county officials, and others; paroled August 13, 1936.
WM. GORDON BRYANT: July term, 1934; Superior Court of Fulton County; larceny of auto; 2 to 5 years; good prison record; recommended by Solicitor Hudson, also Judge Thomas and Judge Moore; paroled August 14, 1936.
WILLIE SIMMONS: November term, 1931; Superior Court of Bibb County; voluntary manslaughter; life; recommended by sheriff, chief of police, and number of other responsible citizens; paroled August 14, 1936.
ODIS FOWLER: July term, 1935; Superior Court of Bartow County; assault to murder; 2 years; good prison record with exception of one escape; recommended by trial judge, warden, county commissioner, and others; paroled August 14, 1936.
J. W. WILSON: November term, 1934; Superior Court of Troup County; larceny of auto; 5 years; good prison record; recommended by solicitor, warden, and others; paroled August 14, 1936.
BENNY WINSTON: May term, 1935; Superior Court of Troup County; burglary; 3 to 5 years; good prison record; recommended by prosecutor, trial judge, and others; paroled August 14, 1936.
SAM BANYON: July term, 1934; Superior Court of Laurens County; arson; 2 years; good prison record; recommended by trial judge, solicito'r, county officials, and others; paroled September 14, 1936.

THURSDAY, JANUARY 14, 1937.

303

CECIL SAPP: January term, 1935; Superior Court of Laurens County; burglary; 3 to 10 years; good prison record; recommended by trial judge, county officials, and others; paroled September 14, 1936.
FULLER HOGAN, ALIAS FELTON HOGAN: January term, 1931; Superior Court of Laurens County; burglary (2 cases); 15 years and 15 years; good prison record, recommended by trial judge, solicitor, sheriff, ordinary, warden, and others; paroled September 14, 1936.
BESSIE RUSSELL: November term, 1922; Superior Court of Bibb County; murder; life; good prison record; recommended by warden; paroled August 17, 1936.
CLIFFORD REWIS: August term, 1935; Superior Court of Candler County; burglary; 2 to 3 years; good prison record; recommended by trial judge, solicitor, and others; paroled August 24, 1936.
WALTER ROBERSON: January special term, 1931; Superior Court of Bryan County; murder; life; good prison record; recommended by trial judge, jurors, warden, guards, and others; paroled August 24, 1936.
CARLTON ALSTON AND JOHNNIE BLACKWELL: April term, 1935; Superior Court of White County; burglary; 5 to 6 years; good prison records; recommended by trial judge; paroled August 11, 1936.
OSCAR WILLIS: December term, 1928; Superior Court of Terrell County; murder; life; good prison record; recommended by presiding judge, clerk of court, ordinary, warden, and others; paroled August 19, 1936.
. PENCE TANNER: April term, 1925; Superior Court of Union County; murder; life; good prison record; recommended by guards and county officials, solicitor, and others; paroled September 15, 1936.
R. P. GARVEY: September term, 1932; Superior Court of Coweta County; robbery; 15 to 20 years; good

304

JOURNAL OF THE SENATE,

prison record; recommended by sheriff, judge, trial jurors, officials, guards, and large number of others; paroled September 15, 1936.
A. B. ARRINGTON: January term, 1933; Superior Court of Floyd County; attempted kidnapping; 4 years; good prison record with exception of one escape; recommended by Superintendent Lawrence, solicitor, and number of other responsible citizens of Rome; paroled September 15, 1936.
FRED GRIFFIN: September term, 1935; Superior Court of Stephens County; larceny of auto; 2 to 3 years; good prison record; recommended by prosecutor, trial judge, solicitor, sheriff, clerk of court, and others; paroled September 15, 1936.

EDWARD N. CLAUGHTON: January term, 1934; Superior Court of Fulton County; violating the Securities Act (2 cases); larceny after trust (3 cases) 2 to 3 years in each case; good prison record; recommended by trial jurors, superintendent, physicians, and others; paroled September 15, 1936.

BLUFORD SHELTON: May term, 1935; Superior Court of Troup County; larceny of mule; 4 to 10 years; good prison record; recommended by sheriff, trial judge, prosecutor, warden, and others; paroled September 16, 1936.

BETTIE RICE: May term, 1934; Superior Court of

Fulton County; felony; 2 to 5 years and 3 to 7 years; good

prison record; recommended by trial judge and others;

paroled September 16, 1936.



JAMES YORK: August term, 1'933; Superior Court of Habersham County; burglary; 2 to 3 years and 5 to 6 years: recommended by trial judge, solicitor, sheriff, clerk of court and ordinary; paroled September 16, 1936.

THURSDAY, jANUARY 14, 1937.

305

ROBERT PEARSON: March term, 1935; Superior Court of Chatham County; burglary; 3 to 5 years, 3 to 5 years, and 3 to 5 years, concurrent; good prison record; paroled September 16, 1936.
DAN MOSELEY: August term, 1936; Superior Court of Clayton County; voluntary manslaughter; 10 to 15 years; good prison record; recommended by trial judge and solicitor; paroled September 16, 1936.
IVY MEYERS: July term, 1935; Superior Court of Harris County; burglary; 3 to 5 years; good prison record; recommended by trial judge, solicitor, sheriff, warden, and others; paroled September 16, 1936.
WEYMAN ROBINSON: November term, 1932; Superior Court of Fulton County; voluntary manslaughter; 7 to 12 years; good prison record; recommended by trial judge and others; paroled September 16, 1936.
J. T. TAYLOR: April term, 1935; Superior Court of Cobb County; burglary; 2 to 5 years; good prison record with exception of one escape; recommended by trial judge and large dumber of citizens of county; paroled September 16, 1936.
LONNIE BODY: April term, 1926; Superior Court of Peach County; murder; life; good prison record; recommended by warden, solicitor, chairman of county commissioners, and others; paroled September 17, 1936.
EDDIE SINGLETON: October term, 1936; Superior Court of Mitchell County; burglary; 6 to 10 years; good prison record; recommended by prosecutor and trial judge; paroled September 17, 1936.

ERNEST LEWIS: October term, 1934; Superior Court of Mitchell County; burglary; 10 to 20 years; good prison record; recommended by prosecutor and trial judge; paroled September 17, 1936.

306

JouRNAL oF THE SENATE,

WILLIE WHITE: October term, 1934; Superior Court of Mitchell County; burglary; 4 to 10 years; good prison record; recommended by prosecutor and trial judge; paroled September 17, 1936.
ARTHUR LEE JONES: October term, 1934; Superior Court of Mitchell County; burglary; 10 to 20 years; good prison record; recommended by prosecutor and trial judge; paroled September 17, 1936.
W. J. C. GODSY, ALIAS CHARLIE WILLIAMS: July term, 1929; Superior Court of Cobb County; rape; 9 to 11 years; good prison record with exception of 1 escape; recommended by trial jurors, clerk of court, trial judge, solicitor, and others; paroled September 17, 1936.
C. A. BAILEY, ALIAS R. L. MILLER: April term, 1935; Superior Court of Clarke County; counterfeit writing; 2 years; good prison record; recommended by county commissioner, warden, guards, and others; paroled September 17, 1936.
W. J. YATES: October term, 1931; Superior Court of Schley County; murder; life; good prison record; recommended by trial jurors; clerk of court, and others; paroled September 17, 1936.
WILLIAM HENDERSON, ALIAS CHARLIE WILLIAMS: April term, 1935; Superior Court of Bibb County; forgery; 2 to 3 years; good prison record; recommended by warden; paroled September 17, 1936.
HUGH O'PRY: May and September term; 1934; Superior Courts of Muscogee and Heard Counties; robbery, burglary; 4 to 20 years and 2 to 5 years, respectively; good prison record with exception of one escape; recommended by number of citizens in and around Columbus; paroled September 18, 1936.
MATH ROWLAND: October term, 1934; Superior Court of Coffee County; voluntary manslaughter; 7 to 10

THURSDAY, jANUARY 14, 1937.

307

years; good prison record; recommended by solicitor, sheriff, warden, clerkof court, and others; paroled September 18, 1936.
H. B. (HARRY B.) MOODY: May term, 1935; Superior Court of Richmond County; burglary; 2 years; good prison record; recommended by solicitor, commissioners, warden, and others; paroled September 18, 1936.
BUDDIE SHARPE: December term, 1934; Superior Court of Montgomery County; assault to rape; 2 to 3 years; good prison record; paroled September 22, 1936.
JERRY JONES, ALIAS WALTER JONES: October term, 1930; Superior Court of Effingham County; manslaughter; 15 to 20 years; good prison record; recommended by trial jurors, wardens, judge, solicitor, and others; paroled September 22, 1936.
HENRY E. ODUM: May term, 1933; Superior Court of Ware County; robbery; 5 to 10 years; good prison record; recommended by warden, sheriff, chief of county police, ordinary, and others; paroled September 23, 1936.
JOE LEE YANCEY: January term, 1934; Superior Court of Worth County; manslaughter; 2 to 3 years; good prison record; recommended by warden, county commissioners, and others; paroled September 23, 1936.
JERRY SIMS, ALIAS SLICK: January term, 1926; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, trial jury, warden, and others; paroled September 23, 1936.
GRADY SINCLAIR OR ST. CLAIR: January term, 1932; July term, 1932; Superior Courts of Houston and Bibb Counties; burglary and larceny of auto; 3 to 5 years and 5 years; good prison record with exception of 2 escapes; recommended by warden, solicitor, and Dr. 0. C. Gibson, of Macon; paroled September 23, 1936.

308

JouRNAL OF THE SENATE,

JOHN LEE BIRD, ALIAS BROWN: October term, 1922; Superior Court of Houston County; burglary; 20 years and 5 years, concurrent; good prison record with exception of 2 escapes; recommended by county health officer, warden, guards, and others; paroled September 23, 1936.

EVERETT THOMAS: December term, 1934; Superior Court of Fannin County; manslaughter; 3 to 5 years; good prison record; recommended by trial jurors, warden, guards, and others; paroled September 24, 1936.
HOMER HOLLIS: October term, 1934; Superior Court of Spalding County; voluntary manslaughter; 10 years; good prison record; recommended by trial judge, solicitor, clerk of court, sheriff, warden, and others; paroled September 24, 1936.

JOHN CLARK: November term, 1928; Superior Court of Wilcox County; murder; life; good prison record with exception of one escape; recommended by trial jurors, grand jurors, county officials, and others; paroled September 24, 1936.

JOHN KENNY: July term, 1935; Superior Court of Fulton County; larceny of auto and misdemeanor; 4 years and 12 months; good prison record; recommended by trial judge; paroled September 24, 1936.

RAYMOND ABERNATHY: December term, 1934; Superior Court of Fannin County; manslaughter; 3 to 8 years; good prison record; recommended by warden, camp physician, trial jurors, grand jurors, county officials, and others; paroled September 24, 1936.

JIM PETERS: August term, 1927; Superior Court of Upson County; murder; life; good prison record; recommended by trial jurors, warden and guards; paroled September 24, 1936.

THURSDAY, JANUARY 14, 1937.

309

BRUCE McLAIN: July term, 1934; Superior Court of Haralson County; burglary; 5 to 8 years; good prison record; recommended by trial judge, prosecutor and warden; paroled September 28, 1936.
MACK KEY: May term, 1932; Superior Court of Richmond County; burglary; 2 years in each of 11 cases; good prison record; recommended by solicitor, sheriff and others; paroled Septemher 28, 1936.
ED LATTIMORE: September term, 1933; Superior Court of Washington County; murder; life; good prison record; recommended by trial judge, solicitor, sheriff, trial jurors, and others; paroled September 29, 1936.
BEN EBBERSON: July term, 1927; Superior Court of Fulton County; robbery; 10 and 10 years; good prison record with exception of one escape; recommended by superintendent, warden and guards; paroled September 30, 1936.
GOLDEN DALE: September special term, 1933; Superior Court of Lumpkin County; murder; life; good prison record; recommended by trial jurors, warden, sheriff, clerk of court, and others; paroled September 30, 1936.
E. B. BURTON: January term, 1933; Superior Court of Harris County; voluntary manslaughter; 20 years; good prison record; recommended by county officials, and others; paroled October 1, 1936.
A. H. HUMBER: April term, 1928; Superior Court of Stewart County; murder; life; good prison record; recommended by warden, superintendent and number of citizens; paroled October 5, 1936.
ELIJAH (LIGE) JONES: October term, 1929; Superior Court of Seminole County; burglary; 10 to 11 years, 3 concurrent cases; good prison record; recommended by warden, sheriff, trial judge, ordinary, and others; paroled October 5, 1936.

310

JouRNAL oF THE SENATE,

EDNA BARRON AND SYBIL JOHNSON: August adjourned term, 1934; Superior Court of Gordon County; robbery; 4 years; good prison records; recommended by trial judge, solicitor, prosecutor, sheriff, clerk of court, ordinary, and others; paroled October 9, 1936.
OSCAR GILLON: September term, 1933; Superior Court of Putnam County; assault to murder; 8 to 10 years; good prison record; recommended by prosecutor, judge, solicitor, sheriff, and others; paroled October 14, 1936.
ED USHER: March term, 1935; Superior Court of Henry County; making liquor and misdemeanor; 2 years, 6, 6, and 6 months, concurrent; good prison record; recommended by warden and guards; paroled October 14, 1936.
COLUMBUS JACKSON WOOD: July term, 1935; Superior Court of Fulton County; forgery; 2 to 3 years, and 2 to 3 years, concurrent; good prison record; recommended by trial judge, solicitor, warden, guards, and others; paroled October 14, 1936.
WILL RILEY: October term, 1934; Superior Court of Peach County; burglary; 3 to 5 years; good prison record; recommended by trial judge, warden and others; paroled October 14, 1936.
FRED DILLARD: January term, 1925; Superior Court of Fulton County; burglary; 5 to 20 years, and 10 to 20 years to follow; good prison record; recommended by trial judge; paroled October 14, 1936.
TOM OVERTON: Janu~ry term, 1934; Superior Court of Richmond County; voluntary manslaughter; 7 to 10 years; good prison record; paroled October 14, 1936.
CALLIE ROZIER: O.ctober term, 1932; Superior Court of Laurens County; murder; life; good prison record; recommended by trial judge, solicitor, sheriff, and others; paroled October 14, 1936.

THURSDAY, JANUARY 14, 1937.

311

CLEVELAND CANNON: July term, 1933; Superior Court of Blecldey County; murder; life; good prison record; recommended by trial jurors; county officials, warden, .guards, and others; paroled October 14, 1936.
REUBEN OLIVER: October term, 1932; Superior Court of Chatham County; robbery; 10 to 20 years; good prison record; recommended by trial jurors, warden and others; paroled October 14, 1936.

ALONZO WILLIAMS: December term, 1934; Superior Court of Chatham County; robbery; 4 to 6 years; good prison record; recommended by trial jurors and number of responsible citizens of Chatham County; paroled October 14, 1936.

LOUIS WATERS: November term, 1927; Superior

Court of Burke County; rape; 20 years; good prison record;

recommended by solicitor, trial jurors, sheriff, clerk of

court, and others; paroled October 14, 1936.

-

JOE WATKINS: April term, 1935; Superior Court of Fayette County; larceny from house; 5 years; good prison record; recommended by trial judge, solicitor, prosecutor, and others; paroled October 14, 1936.

BASIL HEAD: October term, 1934; Superior Court of Whitfield County; assault to murder; 8 years; good prison record; recommended by wardens, guards, trial jurors, solicitor, and others; paroled October 14, 1936.

BUDDIE (GORDON) BOWEN: September term, 1933; Superior Court of Tift County; manslaughter; 18 to 20 years; good prison record; recommended by trial jurors, warden, and others; paroled October 14, 1936.

ED THARPE: October term, 1929; Superior Court of Crawford County; murder; life; good prison record; recommended by county officials, solicitor, warden, guards, and others; paroled October 15, i936.

312

JouRNAL oF THE SENATE,

TOM ALLEN: May term, 1928; Superior Court of Sumter County; burglary; 10 to 11 years, and 10 years, concurrent; good prison record; recommended by trial jurors and others; paroled October 15, 1936.
ROBERT JORDAN: October term, 1932; Superior Court of Chatham County; burglary and escape; 5, 5, 5 and 1 year; good prison record; recommended by warden, solicitor and others; paroled October 15, 1936.
BENJAMIN F. SPRUILL: January term, 1935; Superior Court of Fulton County; burglary; 12 to 15 years; good prison record; recommended by judge, solicitor, prosecutor, and warden; paroled October 15, 1936.
MERRILL BANNING, ALIAS DANNING: September term, 1935; Superior Court of Muscogee County; embezzlement; ~ to 4 years; good prison record; recommended by sheriff, county commissioners, warden, and others; paroled October 15, 1936.
JOE MATHIS: July term, 1931; Superior Court of Newton County; bu1glary; 15 to 20 years; good prison record; recommended by solicitor; paroled October 15, 1936.
WALT ROGERS: August term, 1934; Superior Court of Polk County; manslaughter; 15 to 20 years; good prison record; recommended by trial jurors, warden, county officials, and others; paroled October 16, 1936.
JORDAN CASH: March term, 1935; Superior Court of Fulton County; burglary; 2 to 4 years; good prison record; recommended by trial judge; paroled October 16, 1936.
CLATE BAILEY: August term, 1935; Superior Court of Polk County; man.slaughter; 8 to 10 years; good prison recora; recommended by trial judge, county and city officials, warden, and others; paroled October 16, 1936.
CHARLEY MOORE: May term, 1936; Superior Court of Troup County; robbery; 4 to 6 years; good prison record;

THURSDAY, jANUARY 14, 1937.

313

recommended by prosecutor, warden, judge, solicitor, and others; paroled October 16, 1936.

LONNIE SOCKWELL: July term, 1935; Superior Court of Newton County; assault to murder; 5 to 10 years; good prison record; recommended by trial judge, county officials and others; paroled October 19, 1936.

JOE EASON: May term, 1935; Superior Court of Bacon County; manslaughter; 3 years; good prison record; recommended by clerk of court, ordinary, sheriff, county commissioners, and others; paroled October 17, 1936.

HAROLD BURDETTE: September term, 1935; Superior Court of Fulton County; robbery; 5 years; good prison record; recommended by prosecutor, solicitor, trial judge, warden, d,eputy warden, guards, and others; paroled October 17, 1936.

SAM HOLMES: December term, 1934; Superior Court of Ware County; assault to murder; 5 to 10 years; good prison record; recommended by sheriff; paroled October 22, 1936.

FRANK BUSH: May term, 1929; Superior Court of Terrell County; murder (2 cases); life; good prison record; recommended by trial judge, sheriff and prosecutor; paroled October 22, 1936.
JAMES T. WORTHEN: October and November terms, 1934; Superior Courts of Lincoln and Wilkes Counties; burglary; 2 to 3 years and 5 to 10 years; good prison record; paroled October 28, 1936.

DESSIE GLOVER: August term, 1932; Superior Court of Treutlen County; manslaughter; 15 to 20 years; good prison record; recommended by ex-sheriff, present sheriff, deputies, trial judge, jurors, and others; paroled October 28, 1936.

314

JouRNAL OF THE SENATE,

L. C. HIGHT: August term, 1935; Superior Court of Polk County; rape; 3 to 5 years; good prison record; recommended by prosecutor, trial judge, warden, and others; paroled October 29, 1936.
AARON BRADHAM: December term, 1934; Superior Court of Glynn County; robbery; 4 to 5 years; good prison record; recommended by solicitor, clerk of court, sheriff, ordinary, and others; paroled October 29, 1936.
RAYMOND MOBLEY: December term, 1934; Superior Court of Glynn County; robbery and misdemeanor; 4 to 5 years, and 13 months or $200.00; good prison record; recommended by trial jurors, solicitor, clerk of court, sheriff, ordinary, and others~ paroled October 29, 1936.
ARNOLD HOOPER: February term, 1934; Superior Court of Polk County; seduction; 3 to 4 years; good prison record; recommended by trial jurors, city and county officials, and others; paroled October 28, 1936.
WARREN GARDNER: July term, 1933; Superior Court of Cobb County; murder; life; good prison record; recommended by trial jurors, county commissioner and others; paroled October 28, 1936.
LEON SUMNER: May term, .1934; Superior Court of Lee County; assault to murder; 4 to 6 years; good prison record; recommended by warden and guards; paroled October 28, 1936.
MOSE DOUGLAS: September term, 1930; Superior Court of Lowndes County; assault with intent to murder; good prison record; 10 years; recommended by number of responsible citizens and officials of Lowndes County; paroled October 28, 1936.
HAYNE RIDER: January term, 1931; Superior Court of Hall County; murder; life; good prison record; recommended by trial judge, wardens, guards, and others; paroled October 27, 1936.

THURSDAY, jANUARY 14, 1937.

315

SHERMAN A:N"DREWS: August term, 1932; Superior Court of Forsyth County; burglary; 5 to 10 years; good prison record with exception of 2 escapes; recommended by prosecutor, trial judge, solicitor, county officials, and others; paroled October 30, 1936.
RICHARD BOATRIGHT: April term, 1934; Superior Court of Mitchell County; burglary; 2 to 5 years and 3 to 5 years; good prison record with exception of one escape; recommended by prosecutors, judge, solicitor, sheriff, clerk of court, ordinary, warden, and others; paroled November 5, 1936.
MAX WARREN: May term, 1930; Superior Court of Fulton County; murder; life; good prison record; recommended by trial judge, solicitor, warden, and others; paroled November 12, 1936.
OTIS TANNER: September term, 1935; Superior Court of Johnson County; manslaughter; 2 to 5 years; good prison record; recommended by judge, solicitor, county and city officials, and warden; paroled November 12, 1936.
T. H. BENNETT: May term, 1935; Superior Court of Fulton County; cow stealing; 2 years; good prison record; recommended by trial ju.dge, sheriff, clerk of court, and others; paroled November 12, 1936.
J. D. FISHER: March term, 1935; Superior Court of Fulton County; larceny of auto; 3 to 5 years; good prison record; recommended by county commissioner, warden and guards; paroled November12, 1936.
PELLY HODGE: December term, 1925; Superior Court of Clay County; murder; life; good prison record; recommended by grand jurors, county officials and trial jurors; paroled November 12, 1936.

LON CLOUD": July term, 1935; Superior Court of Seminole County; simple larceny, (cow stealing); 4 years;

316

JouRNAL OF THE SENATE,

good prison record; companion case to Wesley Hughes and Jess Clark who were probated September 14, 1936; paroled November 12, 1936.
JOHN SHARBER: July term, 1935; Superior Court of Seminole County; larceny of cow; 4 years; good prison record; recommended by prosecutor, county officials and others; November 12, 1936.
BILL HODGES: April term, 1931; Superior Court of Bulloch County; burglary; 5 to 10 years and 5 to 10 years; good prison record; recommended by prosecutor, solicitor, judge, trial jurors, warden, and others; paroled November 13, 1936.
AARON WATSON: March term, 1934; Superior Court of Fulton County; burglary; 2 to 5 years and 2 to 5 years; good prison record with exception of one escape; recommended by warden and guards; paroled November 13, 1936.
WILLIE FRAZIER: January term, 1935; Superior Court of Richmond County; manslaughter; 5 to 10 years; good prison record; recommended by solicitor and others; paroled November 13, 1936.
WILLIAM JORDAN: August term, 1933; Superior Court of Forsyth County; assault to murder; 5 to 7 years; good prison record with exception of one escape; recommended by solicitor, trial judge, and others; paroled November 10, 1936.
ERNEST NUNNALLY: Fall term; 1923; Superior Court of Early County; murder; life; good prison record with exception of one escape; recommended by trial judge, sheriff~ warden, and Superintendent of State Farm; paroled November 11, 1936.
BENJAMIN DUNWOODY: November term, 1934; Superior Court of Brantley County; voluntary manslaughter; 3 to 7 years; good prison record; recommended by trial judge, wardens, and others; paroled November 10, 1936.

THURSDAY, jANUARY 14, 1937.

317

DUCK PROFFET: January term, 1931; Superior Court of Houston County; murder; life; good prison record; recommended by solicitor, wardens and others; paroled November 10, 1936.
EUGENE CASH: March term, 1929; Superior Court of Coweta County; rape; 10 to 20 years; good prison record; recommended by officials under whom he served and others; paroled November 19, 1936.
BILL GUYTON: April term, 1935; Superior Court of Bibb County; burglary; 2 years; good prison record with exception of one escape; recommended by trial judge and solicitor; paroled November 19, 1936.

WILLIE C. PULLIAM: September adjourned term, 1935; Superior Court of Elbert County; felony; burglary; 4 to 8 years; good record; recommended by trial judge, prosecutor, warden, and others; paroled November 17, 1936.

BENNIE MAHONE, ALIAS HOLMES: November term, 1934; Superior Court of Sumter County; voluntary manslaughter; 10 to 15 years; good prison record; recommended by judge and sheriff of Sumter County; officials under whom serving; former employer and others; paroled November 20, 1936.

HARRISON HARDAWAY: July term, 1927; Superior Court of Fulton County; murder; life; good prison record; poor physical condition; recommended by trial judge, warden, former employer, and others; paroled November 20, 1936.
WOODROW McLANE: March term, 1934; Superior Court of Madison County; arson; 5 years; good prison record; recommended by prosecutor, solicitor-general, presiding judge, county commissioner, warden, guards, and others; paroled November 24, 1936.

318

JouRNAL OF THE SENATE,

GEORGE DANIEL: February term, 1930; Superior Court, Fulton County; burglary and receiving stolen goods; 10 to 20 years in two concurrent cases; good prison record with exception of one escape; recommended by trial judge and solicitor-general; has job awaiting him on release; paroled November 25, 1936.
DOYLE TUCKER: August term, 1934; Superior Court of Polk County; larceny; 4 to 5 years; good prison record; previous record good; recommended by trial judge and a number of citizens; paroled November 25, 1936.
PETE NEWMAN: January term, 1935; Superior Court of Richmond County; assault to murder; 3 to 10 years; good prison record: recommended by solicitorgeneral, Geo. Hains, who states father of applicant is an old farmer scarcely able to get along and entirely dependent upon applicant; paroled November 25, 1936.

JAMES W. WILLIAMS: March term, 1935; Superior Court of Chatham County; assault to murder; 2 to 5 years; good prison record; recommended by superintendent and warden under whom serving; number of citizens who state they have known him for a long time and previous record good; jury recommended he be punished as for a misdemeanor; paroled November 25, 1936.

EDISON CARR: December term, 1933; Superior Court of Miller County; robbery; 10 years; good prison record with exception of two escapes; recommended by warden and County Commissioners of Grady County where serving; sheriff, ordinary and tax commissioners of Grady County; paroled November 25, 1936.

N. W. IVEY: November term, 1934; Superior Court of B~ooks County; burglary; 3 years; good prison record; recommended by prosecutor, trial jurors, county commissioners, and a large number of citizens of Brooks County; paroled November 25, 1936.

THURSDAY, JANUARY 14, 1937.

319

J. B. GRIFFIN: November term, 1935; Superior Court of Stephens County; bigamy; 2 years; good prison record; recommended by prosecutor, county official of Stephens County and a large number of other responsible parties; warden under whom serving states applicant is a grade A prisoner and recommends release; paroled November 25, 1936.
A. B. BIVINS: February term, 1931; Superior Court of Fulton County; robbery; 6 to 8 years in 3 concurrent cases; good prison record with exception of one escape; recommended by judge, solicitor-general and warden; paroled November 25, 1936.
TOM BARLAND (BOLER): Fall term, 1919; Superior Court of Ware County; murder; life; served almost 17 years with good prison record; recommended by warden under whom serving and by officials of Colquitt County where he served as janitor at the court house for a number of years; by solicitor-general of the Waycross Circuit and others; trial judge states he has no objection to parole being granted applicant; paroled November 25, 1936.
THEODORE CORLEY: May term, 1933; Superior Court of Fulton County; robbery; larceny of auto; robbery; larceny of auto; robbery; robbery; robbery; 20 years; 3 to 5 years; 3 to 5; 20, 20,20 and 20 years concurrent; served more than 3 years, during which time made three escapes; first time, out 5 days; second time, returned same day; last escape, more than 2 years agp, out one day; since that time prison record has been good; recom~ended by victims of the hold-up; by the trial judge, wardens under whom he has served, and a large number of responsible parties who state applicant is of excellent family and they believe if he is given another chance he will make a good citizen; paroled November 25, 1936.
EMZELL CASH: June term, 1934; Superior Court of DeKalb County; voluntary manslaughter; 10 to 20 years; good prison record; recommended by solicitor-general,

320

JouRNAL OF THE SENATE,

judge, officials under whom he has served, and others; paroled November 25, 1936.
T. B. WOODALL, ALIAS WM. HARDY: March term, 1935; Superior Court of Fulton County; burglary; 5 to 20 years and 10 to 20 years to follow (and 5 other 10 to 20 concurrent cases); Prison Commission recommends that the sentences run concurrent and parole be granted; recommended also by trial judge, solicitor-general, by county officials, and others; parties whose places were burglarized state that the articles stolen have been recovered; good prison record; paroled November 25, 1936.
JUDY (JULIAN) LITTLE: September term, 1935; Superior Court of Douglas County; assault to murder; 2 to 3 years; good prison record; recommended by the trial jury, sheriff, trial judge, solicitor-general, warden, and guards; paroled N ovemher 25, 1936.
DUREN FARMER: November special term, 1935; Superior Court of DeKalb County; felony; 2 years; good prison record; recommended by trial judge, warden and deputy warden; paroled November 25, 1936.
BRITTON ELLINGTON: January term, 1932; Superior Court of Fulton County; voluntary manslaughter; 14 to 15 years; served with good prison record more than four and one-half years; recommended by responsible citizens of Fulton County, and Judge Virlyn B. Moore, the trial judge, states that whatever action is taken will meet his approval; the ordinary and sheriff of Hart County, where applicant has been serving as janitor at the court house since November 1934, also recommend clemency; paroled November 30, 1936.
CARL ALMAND: September term, 1932; Superior' Court of Douglas County; murder; life; good prison record; recommended by trial judge, county officials, trial jurors, officials under whom he has ser.ved, and a large number of responsible citizens; paroled December 9, 1936.

THURSDAY, JANUARY 14, 1937.

321

PERCY CARTER: August term, 1931; Superior Court of Polk County; murder; life; good prison record; recommended by wardens, guards, county officials, jurors, trial judge, and a large number of other citizens; paroled December 9, 1936.
LEYLON GILLIAM: January term, 1935; Superior Court of Crisp County; attempt to wreck train; 5 years; good prison record; applicant is young white boy and clemency is recommended by warden and sheriff; trial judge and solicitor do not object to clemency being extended; paroled December 9, 1936.
CRAVEN, ALIAS COLEMAN MILLER: October term, 1932; Superior Court of Fulton County; voluntary manslaughter; 18 to 20 years; good prison record; recom-. mended by trial judge and warden; paroled December 9, 1936.
CHARLIE SLAUGHTER: March term, 1930; Superior Court of Monroe County; voluntary manslaughter; 12 to 15 years; good prison record with exception of one escape; clemency recommended by warden and 10 of trial jurors; paroled December 9, 1936.
ARMSTEAD COPELAND: April special term, 1934; Superior Court of Spalding County; burglary; 5 years; has served with good prison record more than half of his sentence; recommended by trial judge, solicitor-general, prosecutor, warden, sheriff, and Chief of Police of Griffin; paroled December 9, 1936.
J. P. SPAIN: Septemher 1934 and January term, 1935; Superior Court of Fulton County; burglary 2 to 5 years; 7 to 10 and 7 to 10 years, concurrent; good prison record with exception of one escape; recommended by sheriff, deputy warden, Judge Frank Guess, Solicitor D.P. Phillips, and assistant solicitor; paroled December 9, 1936.
WEBB PLESS: July adjourned term, 1923; Superior Court of Bartow County; murder; life; good prison record

322

JOURNAL OF THE SENATE,

with exception of one escape; recommended by present judge, officials under whom he has served, and a number of citizens of Bartow County; paroled December 9, 1936.
JIM GRAZIER: Spring term, 1924; Superior Court of Colquitt County; murder; life; good prison record; recommended by warden, trial judge, members of trial jury, county officials, including sheriff, clerk of court, and others; paroled December 9, 1936.
JIM JENKINS: May term, 1930; Superior Court of Burke County; murder; life; good prison record; recommended by solicitor-gen,eral, trial jurors, warden, and others; paroled December 9, 1936.
BARTOW BOYD: November term, 1935; Superior Court of Screven County; seduction; 2 years; good prison record; recommended by trial jurors; county commissioners; warden; and guards; the Judge and solicitor-general, both state that they do not oppose clemency; paroled December 8, 1936.
DAN LONON: July term, 1932; Superior Court of Bulloch County; murder; life; good prison record; recommended by trial judge; solicitor-general; sheriff of Bulloch County; warden; paroled December 8, 1936.
CLIFF ARMSTRONG: July term, 1934; Superior Court of Cobb County; felony-burglary; 3 to 5 years; good prison record with exception one escape on December 8, 1935; surrendered January 18, 1936; recommended by trial judge; trial jurors; warden; the injured party, and others; paroled December 2, 1936.
BOSE MOODY: October term, 1932; Superior Court of Appling County; voluntary manslaughter; 19 to 20 years; good prison record with exception of one escape of 12 days duration; recommended by the county officials of Appling County, including sheriff; deputy sheriff; clerk of court; ordinary; chairman county commissioners, and others; paroled Decemher 3, 1936.

THURSDAY, jANUARY 14, 1937.

323

AZELL OGLETREE: February term, 1929; Superior Court of Ttoup County; murder; life; good prison record; recommended by solicitor-general; sheriff; county police; warden and guards; relatives of deceased, and others; paroled December 2, 1936.
JOHN BELK: September term, 1934; Superior Court of Talbot County; burglary; 7 to 12 years; good prison record; recommended by county commissioners of Talbot County; by the prosecutor; warden, who in an affidavit states that he conferred with the trial judge and solicitor-general regarding their attitude in the matter and they assured him that they would not protest the extension- of clemency, and no opposition appears in the file; paroled December 3, 1936.
JAKE ROGERS, ALIAS JOHN C.: July term, 1935; Superior Court of Hall County; robbery; 5 to 10 years and 1 to 2 years concurrent; good prison record; recommended by the prosecutor; neither recommended nor opposed by the solicitor-general; parolt:d December 7, 1936.
THOMAS HOLLIS: November term, 1935; Superior Court of Bibb County; burglary-garage; 3 years; good prison record; recommended by solicitor-general; trial judge; warden; deputy sheriff of Bibb County; paroled December 7, 1936.
PAUL BARKER: August adjourned term, 1934; Superior Court of Gordon County; robbery; 4 years and 12 months concurrent; good prison record; recommended by solicitor-general; ordinary; sheriff; courty commissioner; warden; trial judge; and others; paroled December 9, 1936.
GEORGE HENRY: May term, 1935; Superior Court of Fulton County; possessing burglary tools; 3 to 5 years; good prison record; recommended by Superintendent of State Farm where serving; paroled December 9, 1936.
IVAN CARTER: May term, 1930; Superior Court of Decatur County; murder; life; good prison record; recommended by trial judge; solicitor; warden; chief of police of Bainbric;ige; and others; paroled December 9, 1936.

324

JoURNAL OF THE SENATE,

HOMER HICKOX: March term, 1929; Superior Court of Charlton County; murder; life; recommended by trial judge; trial jurors; county officials; warden; guards and others; paroled December 9, 1936.
C. R. SMITH: January term, 1935; Superior Court of
Fulton County; larceny of auto; 5 years; good prison record; recommended by trial judge and Quincy 0. Arnold, assistant to Solicitor-General John A. Boykin; paroled December 10, 1936.
RICK JACKSON: November term, 1930; Superior Court of Worth County; murder; life; good prison record; recommended by parties familiar with the facts and circumstances of the killing, who state that the aggressor in the row was a negro, and that the party killed, Warren Smith, had no part in the difficulty and that the killing was an accident; paroled December 10, 1936.
ARTHUR WHITWORTH: Special October term, 1922; Superior Court of Hall County; murder; life; good prison record with exception of one escape; recommended by trial judge, wardens, guards, and others; paroled December 10, 1936.
ANDREW CREWS: May term, 1935; Superior Court of Hall County; robbery and misdemeanor; 4 years and 12 months to follow; good prison record; recommended by sheriff of Clayton County; county commissioners of Fayette County, also the prosecutor; paroled December 10, 1936.
THEODORE DIXON: April term, 1935; Superior Court of Laurens County; burglary; 6 years; good prison record; recommended by trial judge, solicitor, sheriff and others; paroled December 10, 1936.
ALTO PARRISH: August and December terms, 1935; Superior Court of Muscogee and Baker Counties; robbery and escape; 4 to 10 and 1 to 3 years; good prison record with exception of one escape for one day; recommended by the sheriff of Muscogee County; chief of police and a

THURSDAY, JANUARY 14, 1937.

325

large number of responsible citizens; family badly in need of his support, he being sole support of father and mother, who are physically disabled; paroled December 11, 1936.
FLOYD CULLINS, ALIAS COLLINS: May, 1933; March term, 1934; Superior Court of Fulton County; robbery; 20 years in 7 concurrent cases; good prison record with exception of two escapes; warden under whom he has served states that he has made an excellent record; that he has talked with him a number of times and believes if given another chance will make a good citizen; clemency recommended by warden, county commissioner, physician of Troup County, where he has served, and others; previous record shown to be good; paroled December 11, 1936.
MAUD HODNETT: November term, 1935; Superior Court of Troup County; uttering forged checks; 2 years; good prison record; previous record shown to have been good; recommended by the prosecutor and a number of responsible parties; trial judge states he has no objection to parole; paroled December 10, 1936.
PAUL IRVIN: May term, 1932; Superior Court of Richmond County; murder; life; good prison record; recommended by solicitor-general and warden; paroled December 16, 1936.
ADAM LINDSEY: November term, 1923; Superior Court of Fulton County; murder; life; good prison record; recommended by the county policeman who was called during the afternoon of the trouble; J. W. West, City policeman of East Point, who states he has known Lindsey for 20 years and that his character is good; by members of the trial jury; wardens and guards and a la!,"ge number of citizens and officials of DeKalb County where he is serving; paroled December 16, 1936.
LEONARD J. EWING: January term, 1927; Superior Court of Fulton County; murder; life; good prison record; recommended by county and city officials of Gwinnett

326

JouRNAL OF THE SENATE,

County where he is serving, warden, and a large number of responsible citizens; paroled December 16, 1936.
DORONDO ROBERSON: August term, 1935; Superior Court of Clayton County; involuntary manslaughter; 1 to 3 and 1 to 3 years; good prison record; also previous record shown to be good; recommended by trial judge, solicitorgeneral states he has no objection to parole; paroled December 15, 1936.
BILL McCOMMONS: September term, 1935; Superior Court of Houston County; assault to murder; 2 years; good prison record; recommended by solicitor-general; trial judge, clerk of court, sheriff, ordinary, and others; paroled December 15, 1936.
SIDNEY CHAMBERS: November special term, 1935; Superior Court of DeKalb County; burglary; 1 to 10 years; good prison record with exception of 2 escapes; recommended by trial judge, solicitor-general; paroled December 16, 1936.
RUFUS TROUPE: Fall term, 1936; Superior Court of Wheeler County; murder; life; good prison record; recommended by trial judge, solicitor-general, warden and guards under whom he is serving; paroled December 16, 1936.
DONNIE MIXON: April term, 1935; Superior Court of Bulloch County; assault to rape; 2 to 4 years; good prison record; recommended by prosecutrix, a large number of citizens of Bulloch County, trial judge, solicitor-general both state they do not oppose clemency; paroled December 17, 1936.
EARLY NUCKOLS: October term, 1929; Superior Court of Gwinnett County; involuntary manslaughter; 18 to 20 years; good prison record; recommended by the trial judge, county commissioners, warden and guards, sheriff, and others; the solicitor-general does not oppose; paroled December 17, 1936.

THURSDAY, jANUARY 14, 1937.

327

DAVID A. PERKINS: March term, 1926; Superior Court of Fulton County; murder; life; prison record good with exception of two escapes, after service of more than 8 years; recommended by trial jurors, superintendents, wardens, guarqs and others; officials under whom he has served state that he has always been an excellent prisoner and rendered valuable service in the discharge of his duties; paroled December 17, 1936.
JERRY HODGE: November term, 1934; Superior Court of Burke County; robbery; 15 to 20 years; good prison record; recommended by warden, solicitor-general, sheriff of Burke County, deputy sheriff, clerk of court, and others; paroled December 14, 1936.
I
EVERAGE BAKER: December term, 1936; Superior Court of Laurens County; murder; life; good prison record; recommended by trial judge, solicitor-general, superintendent; warden, and others; paroled December 15, 1936.
WILLIE LEE THOMAS: December term, 1932; Su- perior Court of Calhoun County; murder; life; good prison record; recommended by all of the trial jurors, solicitorgeneral, warden, ordinary, sheriff, clerk of court, and others, judge of Superior Court; previous record shown to be excellent; paroled December 22, 1936.

LAWSON CARTER: November term, 1930; Superior Court of Bibb County; burglary; 20 years and 20 years concurrent; good prison record with exception of one escape; recommended by Judge Graham, warden under whom he is serving, county officials and others; paroled December 22, 1936.

COSBY CODY: November term, 1935; Superior Court of Terrell County; assault to murder; 5 to 6 years; good prison record; recommended by county officials, including sheriff, clerk of court, ordinary and others, warden; paroled December 22, 1936.

328

JouRNAL OF .THE SENATE,

OREL BENTON: February term, 1935; Superior Court of Jasper County; assault to murder; 5 to 10 years; good prison record; recommended by county officials of Jasper County, including sheriff, clerk of court, ordinary, treasurer, county commissioners; paroled December 22, 1936.
HERMAN MILLER: February term, 1932; Superior Court of Jackson County; voluntary manslaughter; 15 years; good prison record; recommended by the prosecutor and members of the trial jury;. paroled December 22, 1936.
JOHNNIE FLOYD: September term, 1927; Superior Court of Pulaski County; voluntary manslaughter; 20 years; good prison record; applicant was a young negro. boy only 16 years of age at the time he was sentenced; recommended by the trial judge, clerk of Superior Court, warden; paroled December 22, 1936.
SAMUEL WASHINGTON: May term, 1930; Superior Court of Screven County; voluntary manslaughter; 20 years; good prison record; recommended by Superintendent and warden under whom serving; by trial jurors; chairman county commissioners of Screven County, who state his previous record is good, and he is in poor physical condition; paroled December 22, 1936.
IVEY WALKER: November term, 1935; Superior Court of Brantley County; assault to murder; 2 to 3 years; good prison record; recommended by prosecutor, warden, clerk of court, ordinary, sheriff, trial jurors and others; paroled December 22, 1936.
R. C. BRAND, ALIAS R. C. BLAND: November term, 1935; Superior Court of Bibb County; larceny of auto; 2 years; good prison record; recommended by the trial judge, solicitor-general, warden, sheriff, judge of City Court, and others, including the party whose automobile was taken; paroled December 23, 1936.
PETER TATE: October term, 1926; Superior Court of Elbert County; voluntary manslaughter; 15 to 20 years;

THURSDAY, JANUARY 14, 1937.

329

good prison record; recommended by County Commissioner.

and ordinary of Elbert County; paroled December 23,

1936.

.

ALONZO WRIGHT: November term, 1931; Superior Court of Burke County; murder; life; excellent prison record; recommended by county officials, solicitor-general, warden, trial jurors, and others; paroled December 23, 1936.

EMMETT JONES: February term, 1931; Superior Court of Fulton County; murder; life; good prison record; recommended by county commissioner, county officials, warden and guards, and others. Trial Judge, Hon. G. H. Howard, states does not remember the case but, "After reviewing the record in the case I hope you will do what you think best, which will always be satisfactory"; paroled December 23, 1936.

EMORY EDGE: February term, 1930; Superior Court of Hart County; voluntary manslaughter; 20 years; good prison record; recommended by all the trial jurors, a number of citizens, including wife of the dead man, ordinary, clerk of court, solicitor-general; paroled December 24, 1936.

JOE JONES, Col.: June term, 1930; Superior Court of Chatham County; murder; life; good prison record; recommended by the warden, trial judge, solicitor-general, assistant solicitor-general, trial jurors; paroled December 23, 1936.
ERNEST COLLINS: November term, 1929; Superior Court of Twiggs County; manslaughter; 10 to 20 years; good prison record except one escape; recommended by trial judge, sheriff, warden, county commissioners; paroled December 23, 1936.
CHARLIE SCHELL: September term, 1933; Superior Court of Morgan County; manslaughter; 10 to 20 years; good prison record; recommended by trial judge, solicitorgeneral, sheriff, clerk of court, trial _iurors, wardens, guards, and others; paroled December 23, 1936.

330

JouRNAL oF THE SENATE,

RICHARD WHITEHEAD: August term, 1929; Superior Court of Treutlen County; murder; life; good prison record; recommended by solicitor-general, judge, ordinary, clerk of court, sheriff, trial jurors, warden and others; paroled December 23, 1936.
EARL WRIGHT: June term, 1935; Superior Court of Spalding County; larceny; 4 years; recommended by trial judge and solicitor-general; paroled December 23, 1936.
FRANK ZANDERS: May adjourned term, 1933; Superior Court of Lowndes County; burglary; 10 to 20 years; good prison record with one escape; recommended by trial jurors, sheriff, ordinary, prosecutor, and others; solicitorgeneral is dead; paroled December 22, 1936.
HARVEY GAILEY: March term, 1935; Superior Court of Tift County; larceny from house; 4 to 5 years; good prison. record; good previous record; recommended by warden and others; paroled December 23, 1936.
JAMES FANNING: February term, 1935; Superior Court of Wilkes County; assault to murder; 2 years; good prison record; recommended by trial judge, trial jury, ordinary, guards and others; paroled December 23; 1936.
CARRIE JAMESON: June term, 1931; Superior Court of Fulton County; voluntary manslaughter; 10 years; good prison record; recommended by warden after serving more than half her sentence; paroled December 23, 1936.
RUBY CLARK AND CARRIE ROBERTSON: November term, 1930; Superior Court ot Fulton County; voluntary manslaughter; 10 to 20 years; good prison records; good previous records; recommended by large number of responsible citizens; paroled December 23, 1936.
MINNIE LEE PRATER: December term, 1920; Superior Court of Bibb County; murder; life; served more than 16 years with good record; recommended by warden who states she is of very low mentality; paroled December 23, 1936.

THURSDAY, JANUARY 14, 1937.

331

WILLIE C. REVEL, Col.: Spring term, 1935; Superior Court of Fulton County; larceny of automobile; 2 to 5 years; good prison record; recommended by Deputy Sheriff Hutcheson, Mr. R. M. Holland, jailer, and others; paroled December 23, 1936.
MARY HART: June term, 1921; Superior Court of Decatur County; murder; life; served more than fifteen and one-half years with good prison record; recommended by county officials, including sheriff, clerk of court, ordinary, solicitor of City Court of Bainbridge, warden, and others; paroled December 23, 1936.

HEZEKIAH MORGAN: July term, 1928; Superior Court of Laurens County; burglary; 20 years; good prison record; recommended by trial judge, solicitor-general, county officials and guards; paroled December 23, 1936.

MARTHA JONES: September term, 1934; Superior

Court of Dougherty County; robbery; 4 to 6 years; recom-

mended by trial judge, sheriff, deputy sheriffs, prosecutor,

trial jury, and others; good prison record; paroled December

23, 1936.

.

CLIFF BUTLER: October term, 1933; Superior Court of Spalding County; murder; life; good prison record; recommended by trial judge, trial jurors, warden; guards, and others; paroled December 23, 1936.
MAGGIE McBRIDE: October term, 1921; Superior Court of Early County; murder; life; served more than 15 years actual service with good prison record; recommended by warden and sheriff; no opposition to parole; paroled December 23, 1936.
FREDDIE LEE BROWN: March term, 1935; Superior Court of Henry County; burglary; 2 years and 2 years; good prison record; recommended by prosecutors, warden, sheriff, ordinary, clerk of court, and others; paroled December 23, 1936.

332

JouRNAL oF THE SENATE,

HOMER JOINER, Col.: July term, 1934; Superior Court of Harris County; assault to murder; 5 to 10 years; good prison record; recommended by trial judge, solicitorgeneral, warden; paroled December 23, 1936.
MARLOW SMITH: November term, 1935; Superior Court of Banks County; burglary; 3 to 7 years; good prison record; recommended by prosecutor, ordinary; paroled December 23, 1936.
BILL BRINSON: May term, 1934, Superior Court of Montgomery County; manslaughter; 15 to 20 years; good prison record with exception of one escape; recommended by trial jurors, county officials, warden, and others; paroled December 23, 1936.
JOSEPH MYERS: September term, 1935; Superior Court of Richmond County; manslaughter; 15 to 20 years; good prison record; recommended by solicitor-general; paroled December 29, 1936.
CLARENCE WRIGHT: May term, 1933; Superior Court of Sumter County; murder; life; good prison record; recommended by warden, solicitor-general, trial judge, and it is shown he is in poor physical condition; paroled December 29, 1936.
JAMES A. BROWNING: May term, 1935; Superior Court of Fulton County; robbery; 3 to 5 and 3 to 5 and 2 to 4 years concurrent; good prison record; recommended by trial judge, warden, Municipal CQurt Marshal George, and a number of responsible citizens; paroled December 30, 1936.
SUG THRAILKILL: November term, 1935; Superior Court of Fulton County; larceny of auto; 2 to 4 years; good prison record; judge does not oppose clemency; recommended by warden; paroled December 30, 1936.
PHIL TAYLOR: April term, 1933; Superior Court of Peach County; murder; life; good prison record; recom-

THURSDAY, JANUARY 14, 1937.

333

mended by trial jurors, sheriff, solicitor, warden; paroled December 30, 1936.
JOE WOOTEN: November term, 1935; Superior Court of Terrell County; simple larceny; 2 to 3 years; good prison record; good previous record; recommended by trial jurors and other responsible citizens; paroled December 30, 1936.
ALBERT DOUGLAS: May term, 1935; Superior Court of Fulton County; robbery; 4 to 6 and 4 to 6 years; good prison record; recommended by sheriff, former employers, warden; job waiting for him; paroled December 30, 1936:
C. W. NEWSOME: November term, 1935; Superior Court of Muscogee County; fictitious writing; 2 to 5 years; good prison record; recommended by special investigator in office of solicitor-general, chief deputy sheriff, by witnesses for prosecution; paroled December 30, 1936.
NEAL FREEMAN: August term, 1934; Superior Court of Jasper County; burglary; 10 to 15 years (2 concurrent cases); good prison record; recommended by county officials, including sheriff, clerk of court, ordinary, chief of police, mayor of Monticello, warden, and others; paroled December 30, 1936.
ARTHUR BOWLIN: August term, 1930; Superior Court of Rabun County; murder; life; good prison record with exception of one escape; recommended by trial jurors, ordinary, clerk of court, representative and senator of Rabun County; warden of Forsyth County where serving, trial judge; paroled December 30, 1936.
RICHARD ROE, ALIAS E. M. BLACK: October adjourned term, 1935; Superior Court of Grady County; robbery; 5 to 10 years; good prison record; recommended by trial judge, solicitor, prosecutor, warden, county officials, and others; paroled December 30, 1936.
THADDEUS PRATHER: Janu~ry term, 1932; Superior Court of Greene County; bur&.lary; .1~ :to 15 years;

334

JOURNAL OF THE SENATE,

good prison record; with exception of one escape; recommended by the judge, solicitor, warden, sheriff; county police and county commissioners; paroled December 30, 1936.
J. HUNTER CLARY: October term, 1929; Superior Court of McDuffie County; murder; life; recommended by 11 of the trial jurors, county officials, including ordinary, coroner, clerk of court, city officials, and a large number of citizens; paroled January 4, 1937.
~ ROBERT DOTSON: October adjourned term, 1934; Superior Court of Gilmer County; manslaughter; 5 to 8 years; recommended by trial judge, solicitor, trial jurors, county officials and others; par9led September 18, 1936.
GEORGIA GRAY: May term, 1933; Superior Court of Fulton County: voluntary manslaughter; 18 to 20 years; recommended by solicitor-general and trial judge; paroled January 6, 1937.
HARRY GREEN. September term, 1934; Superior Court of Fulton County; larceny of auto; 3 to 5 years; good prison record with exception of two escapes; recommended by solicitor, superintendent and physician at State Farm, mayor-commissioner of Columbus; paroled January 6, 1937.
MARLIN HANCOCK: January term, 1935; Superior Court of Haralson County; assault to murder; 4 to 7 years; recommended by trial judge, trial jurors, warden and a large number of citizens; paroled January 6, 1937.
HUBERT SHELLHOUSE: November term, 1935; Superior Court of Randolph County; voluntary manslaughter; 6 years; recommended by grand jurors, trial jurors, county commissioner and a large number of citizens; paroled January 6, 1937.
FRANK WILLIAMS: November term, 1935; Superior Court of Fulton County; assault to murder; 2 years; good

THURSDAY, JANUARY 14, 1937.

335

prison record; recommended by trial judge; paroled January 6, 1937.

SETH CHARLESTON: July term, 1935; Superior Court of Laurens County; burglary; 3 years; recommended by trial judge, solicitor, sheriff, clerk of court, ordinary, warden, and others; paroled Januaty 6, 1937.

BARTOW HOLBROOKS: February adjourned term, 1934; Superior Court of Rabun County; manslaughter; 5 to 10 years; recommended by prosecutor, trial judge, solicitor, warden; paroled January 6, 1937.

EARLIE SMITH: May term, 1920; Superior Court of

Fulton County; murder; life; good prison record; recom-

mended by solicitor-general of the Cherokee Ciw;it, com-

missioner of roads and revenues and warden; paroled Jan-

uary 6, 1937.



J. B. RIGDON: November term, 1935; Superior Court of Lowndes County; simple larceny; 2 to 4 years and 3 years; recommended by trial jurors, sheriff, ordinary, and others; paroled January 5, 1937.

CLAUDE CARMEN: July term, 1935; Superior Court of Fulton County; assault to rob; 2 to 4 years; 12 to 20 years in 4 concurrent cases and 12 months; recommended by trial judge, solicitor, superintendent of State Farm, city officials and a large number of responsible citizens; paroled January 7, 1937.

J. W. CRAWFORD: October term, 1920; Superior Court of Carroll County; manslaughter; 10 to 20 years; recommended by trial judge, sheriff, wardens and others; paroled January 6,1937.

HENRY TYSON: January term, 1936; Superior Court of Troup County; assault to murder; 2 years; recommended by the solicitor, warden and others; trial judge states satisfactory to him; paroled January 6, 1937.

336

JouRNAL oF THE SENATE,

WILSON THOMAS: March term, 1934; Superior Court of Dougherty County; misdemeanor and voluntary manslaughter; 12 months and 9 years; recommended by warden and others; good prison record; paroled January 6, 1937.
WILLIAM WORD: July adjourned term, 1933; Superior Court of Haralson County; arson and misdemeanor; 5 to 10 years, 12 months and 12 months to follow; good prison record; recommended by trial judge, warden, and a number of citizens; paroled January 6, 1937.
EUGENE EDMONDSON: October adjourned term, 1935; SuperiorCourtofLumpkin County; burglary; 2 years; good prison record; recommended by trial judge and prosecutor; paroled January 6, 1937.
GRADY EWING: April term, 1935; voluntary manslaughter; Superior Court of Barrow County; 5 to 10 years; good prison record; good previous record; recommended by trial jurors, sheriff, and a number of citizens; paroled January 6, 1937.
BULLY COLWELL: May term, 1931; Superior Court of Tattnall County; manslaughter; 8 to 10 years; good prison record; recommended by sheriff, ordinary, clerk of court, solicitor-general; paroled January 7, 1937.
HERMAN LOGAN: September term, 1934; Superior Court of Towns County; burglary and misdemeanor; 2 to 3 years and 12 months; good prison record with exception of one escape; recommended by trial judge, trial jurors, ordinary, warden, and others; paroled January 7, 1937.
WM. J. CLEMENTS: June term, 1906; Superior Court of Mcintosh County; murder; life; recommended by a number of county officials and other responsible citizens, superintendent, warden and guards; paroled January 7, 1937.
NETTiE WADE, ALIAS WAY: Fall term, 1922; Superior Court of Chatham County; murder; life; good

THURSDAY, JANUARY 14, 1937.

337

prison record for more than 14 years; recommended by warden; solicitor-general agreeable to parole; paroled January 7, 1937.
OLA MAE GILSTRAP: November term, 1934; Superior Court of Jasper County; manslaughter; 5 to 8 years; good prison record; good previous record; recommended by former employer and by superintendent of State Farm and his wife, for whom applicant has worked during her service at institution; paroled January 7, 1937.
JOHN IVEY: May term, 1924; Superior Court of Brooks County; murder; life; good prison record; recommended by warden, sheriff, clerk of county commissioners of Brooks County; paroled January 7, 1937.
CHARLIE HOLLOWAY: November term, 1935; Superior Court of Terrell County; manslaughter; 3 years; recommended by sheriff, trial jurors, and a number of responsible parties; paroled January 7, 1937.
BOB (R. L.) PACE: July term, 1934; Superior Court of Floyd County; felony; 2 to 3 years; good prison record; recommended by deputy sheriff, county police, large number of citizens; paroled December 22, 1936.
JULIUS GREEN: August term, 1934; Superior Court of Polk County; larceny; 4 to 5 years; good prison record; recommended by trial judge, solicitor, prosecutor, and others: paroled January 7, 1937.
WARD BRAGG: February term, 1935; Superior Court of Gordon County; burglary; 8 years; recommended by trial judge, solicitor general, warden, county officials, a large number of responsible parties; paroled January 7, 1937.
SLOAN JOHNSON: June term, 1932; Superior Court of Richmond County; murder; life; recommended by trial jurors, members of Augusta police force, assistant solicitor, superintendent and warden, solicitor-general does not object; paroled January 7, 1937.

338

JOURNAL OF THE SENATE,

J. W. BREWER: May term, 1935; Superior Court of Fulton County; voluntary manslaughter; 3 to 5 years; recommended by officials under whom served, prosecutor, trial jurors, large number of responsible parties; excellent prison record; paroled October 28, 1936.
ROSCOE VAUGHN: December term, 1934; Superior Court of Glynn County; robbery; 4 to 5 years; good prison: record; recommended by solicitor, superintendent of State Farm, warden, county officials of Glynn County; including sheriff, clerk of court, ordinary, deputy sheriff, tax collector; paroledOctober 30, 1936.
EDMOND, ALIAS ECK COLQUITT: August term, 1933; Superior Court of Walton County; murder; life; recommended by trial jurors, county officials, city officials, judge and solicitor, county commissioners and warden, large number responsible citizens; paroled October 28, 1936.
MACK COUCH: February term, 1935; Superior Court of Walton County; burglary; 3 to 4 years; recommended by prosecutor, and others; paroled October 28, 1936.
CHARLIE MILLS: January term, 1936; Superior Court of Harris County; manslaughter; 3 years; recommended by the sheriff, clerk of court, warden, and others; paroled January 7, 1937.
WILLIS WHITE: September term, 1935; Superior Court of Jenkins County; murder; life; good prison record for more than 11 years; paroled January 7, 1937.
CAP LESTER: November term, 1927; Superior Court of Jenkins County; murder; life; good prison record; unopposed by trial judge; recommended by solicitor, warden, county officials, judge and solicitor of City Court of Millen; paroled January 8, 1937.
ROBERT FORD: August term, 1929; Superior Court of Troup County; voluntary manslaughter; 18 to 20 years; served more than 7 years with good prison record; recom-

THURSDAY, jANUARY 14, 1937.

339

mended by former employer, warden, chief of police of Troup County, and others; paroled January 8, 1937.
TIMOTHY WHIPPLE: April term, 1929; Superior Court of Wilkinson County; murder; life; good prison record; recommended by trial judge, county officials, wardens under whom he served and others; paroled January 9, 1937.
BRYANT BOTTOMS: August term, 1932; Superior Court of Pike County; voluntary manslaughter; 15 to 20 years; good prison record; recommended by trial jurors, warden, guards, former sheriff and others; paroled January 11, 1937.
ISOM OGLESBY: March term, 1925; Superior Court of Jenkins County; murder; life; with the exception of one escape applicant has served with good prison record; recommended by trial judge, solicitor-general, warden, and members of the trial jury; paroled January 11, 1937.
GUY ROBINSON: July term, 1935; Superior Court of Haralson County; robbery; 2 to 4 years; served with good prison record; recommended by trial judge, solicitor-general and others; paroled January 12, 1937.
BENJAMIN W. DAVIS: June term, 1931; Superior CourtofChathamCounty; murder; death; mentalcondition prior to homicide was unsound; confined to State Hospital for 8 years, other time spent in service; served with good prison record; paroled January 12, 1937.

COMMUTATIONS-1935
All commutations recommended by the Prison Commission except where stated.
CHESTER INGRAM: February term, 1934; Superior Court; Fulton County; larceny from person; 2 to 3 years; good prison record; recommended by trial jurors; sheriff, warden and others; has family who need his support; commuted January 24, 1935.

340

JOURNAL OF THE SENATE,

EUNIE (OR ELIE) SELLERS: October adjourned term, 1934; Superior Court of Coffee County; horse theft; 4 years; good prison record and recommended by trial judge; commuted February 18, 1935.
JERRY STEPHENS: May adjourned term, 1934; Superior Court of Toombs County; hog stealing; 1 to 3 years; good prison record; recommended by trial judge; trial jurors and Superintendent of State Farm; commuted February 13, 1935.
JOHN HENRY: March term, 1934; Superior Court of Cobb County; involuntary manslaughter; 1 year; Judge J. H. Hawkins recommended that applicant pay fine; recommended by county officials; trial jurors and others; fine of $100.00 paid; commuted February 13, 1935.
GEORGE GODWIN: November term, 1931; Superior Court of Decatur County; hog stealing; 5 sentences of 2 years each and 2 sentences of one year each; good record; recommended by warden, deputy sheriffs and a large number of citizens; commuted February 13, 1935.
HARRY WALLER: September term, 1932; Superior Court of Fulton County; larceny of automobile; 1 to 4 years in each of 4 cases; good prison record; recommended by the solicitor-general and officials under whom he served; comr:nutation granted February 13, 1935.
B. A. MULLINS: January term, 1934; Superior Court of Floyd County; robbery; 4 years; good prison record; bad physical condition; commuted February 6, 1935.
MATTIE ABNEY: May term, 1932; Superior Court
of Richmond County; involuntary manslaughter; 3 years;
good prison record; poor physical condition; recommended by the warden; commuted January 28, 1935.
HORACE SHEPPARD: January term, 1934; Superior Court of Fulton County; murder; sentenced to death; several of his former employers interceded in his

THURSDAY, JANUARY 14, 19.37.

341

behalf; it is possible the defendant' was only guilty of manslaughter; upon recommendations made in this case by good responsible people who had known this negro a long time, commuted January 24, 1935. Not recommended by the Prison Commission.
OZZIE BUSBY: October term, 1933; Superior Court of Tattnall County; burglary; 2 to 3 years; good prison record; recommended by the trial judge and clerk of court; commuted March 25, 1935.
BILL HAYES: November term 1934; Superior Court of Cc;>bb County; larceny of automobile; 2 to 5 years; good prison record; youth of applicant; recommended by the prosecutor, deputy sheriff, Fannin County, judge and solicitor-general have no objection to clemency; commuted April 1, 1935.
PURSEY CHUBBS: January term, 1934; Superior Court of Floyd County; assault to murder; 5 to 10 years; good prison record; recommended by a number of responsible citizens and solicitor-general; commuted April 1, 1935.
JOHN D. WILLIAMSON: January term, 1935; Superior Court of Emanuel County; misdemeanor, burglary; 12 months; good prison record; recommended by eight of the twelve jurors; disabled veteran; commuted April 4, 1935. Not recommended by the Prison Commission.
HAROLD SMALLWOOD: February term, 1932; Superior Court of Jackson County; manslaughter; 10 to 15 years; good prison record for three years; serious doubt as to whether Smallwood was guilty of manslaughter, has wife and children who need his support; commuted Apri~ 5, 1935. Not recommended by the Prison Commission.
BROOKFIELD TURNER: August term, 1926; Superior Court of Muscogee County; burglary (4 cases); 2

342

JOURNAL OF THE SENATE,

to 3; 2 to 3; 2 to 3 and 2 to 3 years; good prison record; poor physical condition; recommended by warden; commuted April 11, 1935.
WILL SAM GRIMES: February special term, 1935; Superior Court of Webster County; murder; sentenced to death; grave doubt of guilt; affidavits appear in file made by two others who were jointly convicted just prior to their execution; they state applicant had no part in crime; statements were made by sheriff of Webster County, sheriff of Sumter County, and the brother of the slain man, and a number of other citizens and officials of Webster County; commuted April 17, 1935.
JIM MERRITT: August term, 1932; Superior Court of Butts County; manslaughter; 5 to1o years; good prison record; recommended by county commissioners and warden; physical condition; commuted April 18, 1935.
MARION L.. MORRIS: March term, 1934; Superior Court of Fulton County; rape; sentenced to death; recommended by the trial judge and a large number of citizens; commuted May 8, 1935.
ROBERT PAYNE: April term, 1934; Superior Court of Fulton County; murder; sentenced to death; recommended by trial jurors and a number of other parties; commuted May 8, 1935.
JET SMITH: September term, 1931; Superior Court of Madison County; assault to rob; assault to murder; 10 years and 4 years; good prison record; co-defendant commuted to present service November 8, 1932; judge has no objection; recommended by the solicitor-general; commuted May 8, 1935.
OTIS BURNETT: February term, 1934; Superior Court of Fannin County; burglary; 1 year and 1 year; good prison record; youth of applicant; recommended by parties whose places of business were entered; solicitorgeneral and warden; commuted May 9, 1935.

THURSDAY, jANUARY 14, 1937.

343

JESS CLARK: March term, 1934; Superior Court of Cobb County; seduction; 2 years; good prison record; recommended by trial jurors, warden, judge, solicitorgeneral and sheriff of Cobb County; commuted May 9, 1935.
HAROLD HILTON: March term, 1934; Superior Court of Fulton County; larceny of automobile; 3 years; good prison record; recommended by the judge; wardens; County Commissioners and Probation Officer of Fulton County; commuted June 5, 1935.
BOB WARD: April term, 1932; Superior Court of Camden County; burglary; 5 to 20 years; good prison record; recommended by the solicitor-general, County Officials, citizens of Camden and Wheeler Counties and others; commuted June 17, 1935.
WILLIAM MUSGROVE, JOHN JARRELL, LLOYD GLAUSIER: April term 1934; Superior Court of Mitchell County; burglary; 1 year, 1 year and 1 to 20 years, each respectively; good prison record, youth of applicants; recommende~ by prosecutors, trial judge, solicitor-general and county officials; commuted June 19, 1935.
ROBERT SEALS: October term, 1930; Superior Court of Emanuel County; burglary; 5 to 8 years; good prison record; youth of applicant; recommended by the trial judge and officials under whom he has served and poor physical condition; commuted June 21, 1935.
THURMAN DAVIS: May term, 1931; Superior Court of Ware County; murder; sentenced to life; good prison record; recommended by a large number of citizens of Ware County, including county officials; trial judge states he has no objection; a co-defendant, J.D. Cauley was commuted to present service December, 1933; commuted June 21, 1935.

344

JOURNAL OF THE SENATE,

MONROE HALE: December term, 1934; Superior Court of Troup County; misdemeanor, pointing pistol at another; sentenced 4 months and fine of $75.00; recommended by the jurors; commuted June 20, 1935. Not recommended by the Prison Commission.
SANFORD CRIDER: March term, 1934; Superior Court of Douglas County; manufacturing liquor; $160.00 or 12 months; widowed mother and invalid wife in de.stitute condition; applicant paid $100.00 of the $160.00 imposed; unable to raise balance $60.00; commuted June 27, 1935. Not recommended by the Prison Commission.
ELISHA HILL: August term, 1922; Superior Court of Polk County; burglary in 4 cases; 1 to 5, 5 to 10, 1 to 5 years; recommended by trial judge, mayor of Cedartown, sheriff, treasurer, deputy sheriff and a number of others; commuted June 27, 1935. Not recommended by the Prison Commission.
L. G. IIUDSON: October term, 1933; Superior Court of Fulton County; fictitious checks; 2 to 5 and 2 to 5 years; good prison record, poor physical condition and has mother in need of his support; commuted June 27, 1935. Not recommended by the Prison Commission.

D. L. LITTLE: November term, 1934; Superior Court of Fulton County; assault and battery; assault to rape; 12 months and 12 months; good prison record; recommended by the solicitor-general, Commissioner of Roads and Revenues, ordinary, tax commissioner and other county officers; also the prosecutrix; commuted June 27, 1935. Not recommended by the Prison Commis-
sion.

HUGH PARTAIN: February term, 1935; Superior Court of Polk County; bigamy; 2 to 3 years; recommended by the trial judge; solicitor-general; commuted June 27, 1935. Not recommended by the Prison Commission.

THURSDAY, JANUARY 14, 1937.

345

HARVEY ADAMS: August term, 1933; Superior Court of Treutlen County; seduction; 2 to 3 years; recommended by trial judge, solicitor, jurors, county officials and prosecutors; commuted July 1, 1935.
ARTHUR KANBP, ALIAS CANUP: October term, 1934; Superior Court of Telfair County; larceny; 1 to 2 years; good prison record; recommended by the sheriff and other county officers of Telfair County; by a number of citizens of Fannin County, including solicitor-general and representative of General Assembly; commuted July 11, 1935. Not recommended by the Prison Commission.
BUREL DAWSON: September term 1934; Superior Court of Fulton County; murder, death; recommended by several of the trial jurors and there is sufficient evidence to raise reasonable doubt as to iust what occured or whether the defendant was guilty of ~urder; commuted July 11, 1935. Not recommended by the Prison Commission.
WILEY GAY: May term, 1934; Superior Court of Toombs County; involuntary-manslaughter; 1 year; good prison record; recommended by county officials, trial jurors, judge, solicitor-general and others; commuted July 19, 1935.
WILLIAM LEE SMITH: April term, 1935; Superior Court of Fulton County; larceny of automobile; 1 to 3 years; recommended by the probation officer of Fulton County, county officer who made the arrest and solicitorgeneral has no opposition; commuted July 25, 1935. Prison Commission does not recommend.
JOHNNIE DEAN: October term, 1934; Superior Court of Floyd County; burglary; 1 to 3 years; good prison record; youth; recommended by solicitor-general; warden and a large number of citizens of Floyd County and by the present judge of that circuit; commuted July 25, 1935.

346

JouRNAL oF THE SENATE,

JOHN (HENRY) BROWN: December term, 1933; Superior Court of DeKalb County; larceny from house; 2 to 3 years; good prison record; recommended by the prosecutor, solicitor-general and others; commuted July 25, 1935. Not recommended by the. Prison Commission.
FRED HOWARD: November term, 1933; Superior Court of Worth County; involuntary-manslaughter; 1 to 2 years; recommended by the solicitor-general, clerk of Superior Court, ordinary and sheriff on payment of fine of $150.00; bad physical condition; commuted May 25, 1935. Not recommended by the Prison Commission.
DANIEL PRINCE: April term, 1934; Superior Court of Stewart County; murder; sentenced to death; good previous record; recommended by a number of responsible citizens of Stewart County; commuted August 5, 1935.
A. E. CATES: January term, 1933; Superior Court of Fulton County; forgery; 2 years and 2 years (and 2 years concurrent); good prison record and bad physic::~,l condition; commuted August 12, 1935.
CLAUDE ANDERSON: March term, 1933; Superior Court of Fulton County; larceny of automobile; 8 months, 1 to 2 and 2 to 3 years; good prison record; youth; recommended by the trial judge, a number of officials and ressponsible citizens of Dawson County; commuted August 14, 1935.
J. L. CARR: October term, 1932; of the Superior Court of Laurens County; robbery and burglary; 5 years and 5 years; good prison record; recommended by the trial judge, prosecutor, sheriff of Bibb and Laurens Counties, Chief of Police of Macon, president of the bank which was burglarized and a large number of responsible citizens of Laurens and Bibb Counties; commuted August 14, 1935.

C. P. MIXON: January term, 19.34; Superior Court of Richmond County; forgery (4 cases) ; 1 year in each

THURSDAY, JANUARY 14, 1937.

347

case; good prison record; recommended by solicitor.:.general, prosecutrix, officials under whom he has served, and others; commuted August 13, 1935.

JAMES LAWRENCE, (CORRECT NAME, CHARLES PARSONS): June term, 1935; Superior Court of Fulton County; forgery; 1 year; release recommended on account of mental condition and it is doubtful whether he is mentally responsible for his actions; commuted August 23, 1935.

FRANK sMITH, ALIAS ROY GARNER: December term, 1925; Superior Court of Bibb County; car breaking; 3 to 5 years; served more than the minimum sentence; while a fugitive he lived a law-abiding life; since return to prison has served with good record; commuted August 29, 1935. Not recommended by the Prison Commission.
JOE CROW: October term, 1933; Superior Court of Fulton County; burglary; 2 to 5 years; good prison record; Dr. Oden, Superintendent of State Asylum, examined him and recommended his release so he may enter State Hospital for treatment; commuted August 30, 1935.

.SADIE BRAZIER: May term, 1934; Superior Court of Fulton County; burglary; .3 years; recommended by Dr. John W. Oden, who states that Dr. Cornwell examined prisoner, who is only 12 years of age, and advises that she be given hospitalization at State Hospital; commuted September 13, 1935.

WILLIS N. BROWN: February term, 1935; Superior Court of Telfair County; violating prohibition law; 12 months and $100.00; sentence to be suspended on payment of fine; recommended by trial judge, solicitor-general, ordinary, clerk, sheriff; county commissioner and tax collector of Telfair County; commuted September 12, 1935. Not recomm.ended by the Prison Commission.

348

JouRNAL oF THE SENATE,

R. L. COBB: February, 1932; Cherokee County and March, 1932; Forsyth County; Superior Courts; robbery (3 cases); misdemeanor; 4 years; 5 to 20; 5 to 20 and 12 months; good prison record; clemency recommended by the warden, county commissioner, Cherokee County and a large number of citizens of both counties; commuted September 11, 1935.
HERMAN INGERSOLL: November term, 1927; Superior Court of Muscogee County; misdemeanor and burglary; 12 months; and 2 years in 11 consecutive cases; good prison record; recommended by the warden and others; commuted September 25, 1935.
RUFUS USHER: January term, 1935; Superior Court of Oconee County; aiding escape; 1 to 2 years; good prison record; recommended by several of the jurors, warden and guards; commuted October 16, 1935. Not recommended by the Prison Commission.
LEANDER SMITH: May term, 1934; Superior Court of Chatham County; murder; sentenced to death; the solicitor-general says: "As far as the solicitor's office is concerned, we are not taking any position one way or the other; the record in the case speaks for itself." The case was affirmed in the Supreme Court by operation of law on an even division of the judges and a re-hearing was denied by the divided beach. The file contains no expression from the trial judge for or against. There was newly .discovered evidence offered in the amended motion of which the jury had no benefit, and the affirmance of the divided court should be resolved in favor of the prisoner; commuted October 17, 1935.
ROBERT RILEY: September term, 1934; Superior Court of Fulton County; murder; sentenced to death; recommended by nine of the trial jurors, by Mrs. Max Sjoblom, wife of the slain man, by a number of responsible citizens of Elbert County as well as some fifteen hundred

THURSDAY, jANUARY 14, 1937.

349

to two thousand citizens; commuted October 31, 1935. Not recommended by the Prison Commission.
FRED SCHRIMPSHIRE: February term, 1927; Superior Court of Muscogee County; 12 to 18 years; voluntary manslaughter; recommended by the solicitor-general and a number of other citizens; commuted May 24, 1935.
BEN BERRONG: May special term, 1934; Superior Court of Towns County; murder; sentenced to death; recommended by the trial jurors, county officials, a large number of citizens of Towns County, the sheriff of Rabun County and others; the solicitor-general states that he does not resist clemency; commuted November 7, 1935.
THEOLUS DOYLE: November term, 1931; Superior Court of Fulton County; robbery and shooting at another; 14 to 20 years and 2 to 4 years; good prison record; good previous record and youth of applicant; commuted Navember 13, 1935.
ELMER RAMSEUR. March term, 1934; Superior Court of Fulton County; robbery; 2 to 3 years; good prison record; has job to go to; first offense; recommended by 12 trial jurors; commuted November 14, 1935. Not recommended by the Prison Commission.
GERALD KITCHENS: February term, 1934; Superior Court of Glascock County; murder; sentenced to life; good prison record; youth of applicant; recommended by trial jurors, county officials, officials, guards and others; commuted November 13, 1935.
G. E. CANN: March term, 1934; Superior Court of Fulton County; manslaughter; 3 to 5 years; good prison
record; recommended by Recorder John L. Cone, and trial
Judge states he has no objection but makes no recommendation; commuted November 47, 1935.
BARNEY SIKES: August Adjourned term, 1931; Superior Court of Candler County; assault to murder and

350

JouRNAL OF THE SENATE,

burglary; 4 to 6 and 2 to 5 years; good previous record and good prison record; recommended by warden, justice ot peace, deputy sheriff, marshall and a number of other citizens; commuted December 2, 1935. Not recommended by the Prison Commission.
CLINTON GARRETT: July term, 1935; Superior Court of Forsyth County; robbery; 5 to 10 years; recommended by Commissioner of Roads and Revenues, trial judge does not oppose clemency, warden and others; commuted December 2, 1935. Not recommended by the Prison Commission.
WILLIE THOMAS: September term, 1926; Superior Court of Fulton County; murder; sentenced to life; Prisoner was 18 years of age when crime was committed; served with good record; recommended by wardens; commuted December 7, 1935. Not recommended by the Prison Commission.
CHARLIE BROWN: May term, 1933; Superior Court of Fulton County; robbery and misdemeanor; 1, 4, 2, 4 years concurrent and 12 months to follow; recommended by warden and superintendent; served with good prison record; commuted December 12, 1935.

ALEX BUTNER, BILL DEAN, JAMES VICTRUM: September term, 1935; September term, 1935; and October term, 1933; Fulton, Clarke and Fulton Counties respectively; burglary, forgery and robbery respectively; 2 to 3 and 1 to 2 years; 2 years; 10 to 20 years respectively; good prison record; recommended by the warden and superintendent for loyal service; commuted December 12, 1935.

W. D. HARRIS: August special term, 1935; Superior
Court of DeKalb County; simple larceny; larceny of automobile; good prison record; recommended by the trial judge and solicitor-general; commuted December 12, 1935.

THURSDAY, jANUARY 14, 1937.

351

POSEY ABERNATHY, C. J. BURNS: Spring term, 1922; October term, 1933; Superior Court of Colquitt and Union Counties; Manslaughter; assault to rob; 10 to 20 years; 4 years and 4 sentences of 12 months ea,.ch, respectively; recommended in order that they may be committed to Insane Asylum; commuted December 20, 1935.
GRADY JOHNS: January term, 1935; Superior Court of Emanuel County; assault to rape; 1 to 2 years; good prison record; recommended by the judge, solicitor-general and sheriff of Emanuel County; commuted December 20, 1935. .
J. B. HERNDON: July term, 1935; Superior Court of Cobb County; forgery; 2 years in three concurrent cases; good prison record, good previous record; recommended by the trial judge, warden and others; commuted December 21, 1935.
E. L. BARNETT: February term, 1935; Superior Court of Walton County; forgery; 2 years; good prison record; recommended by prosecutor, warden, county officials, solicitor-general neither recommends nor opposes; commuted December 21, 1935.
W. T. MORRIS: July term 1933; Superior Court of Fulton County; murder; sentenced to life; bad physical condition; recommended by trial judge and a large number of responsible citizens of Coweta County; also citizens of Fulton County; commuted December 20, 1935.

COMMUTATIONS-1936-Through January 12, 1937.
Recommended by the Prison Commission unless otherwise stated.
GEORGE PATRICK: February term, 1934; Superior Court of Bryan County; simple larceny; 2 to 4 years; good prison record; recommended by trial judge, solicitor pro tern; sheriff and others; January 2, 1936.

352

JouRNAL oF THE SENATE,

STEVE JACK,SON: October term, 1934; Superior Court of Crawford County; larceny; 2 to 3 years; good prison record, poor physical condition; recommended by county officials, including sheriff, ordinary, clerk of court and others; commuted January 6, 1936.
KINLEY WHITEHEAD: April term, 1935; Superior Court of Emanuel County; manslaughter; 2 to 5 years; good prison record, youth of applicant; recommended by the trial jurors, judge, warden, county officials, father-inlaw of the deceased and solicitor-general does not oppose; commuted January 21, 1936.
BERNER BROWN: October term, 1934; Superior Court of Worth County; seduction; 2 to 3 years; served over a year on minimum two-year sentence; recommended by nine of the trial jurors, three or four hundred citizens of Worth County; county commissioners, ordinary, warden and others; commuted January 24, 1936. Not recommended by the Prison Commission.
MALLY B. CARROLL: November term, 1935; Superior Court of Fulton County; felony (6 counts) ; and 1, 1, and 1 years (3 other 1 years; sentences concurrent); commuted in order that he may be committed to State Hospital for Insane; commuted January 28, 1936.
GEORGE J. PAPP: June term, 1935; Superior Court of Fulton County; misdemeanor-felony reduced to mis-
demeanor; 1l months; recommended by both prosecutors
who have been reimbursed and served with good record; commuted February 13, 1936. Not recommended by the Prison Commission.
JESSIE COPELAND: April term, 1935; Superior Court of Cobb County; burglary; 1 to 3 years; has family who is in destitute circumstances and have T. B.; recommended by trial judge and others; time expires April 17, 1936; commuted February 19, 1936. Not recommended by the Prison Commission.

THURSDAY, jANUARY 14, 1937.

353

DARNELL RICHARDSON: January term, 1934; Superior Court of Floyd County; felony (robbery); 2 years and 2 years; good prison record; recommended by count,y officials, trial judge, trial jurors, city policemen, solicitorgeneral, warden and a large number of others; commuted February 21, 1936.
LUTHER THOMAS: April term, 1935; Superior Court of Fulton County; murder; death; recommended by prosecuting attorney; crime occurred about fifteen years ago; commuted March 4, 1936. Not recommended by the Prison Commission.
CLAUDE DICKENS: July term, 1933 and March term, 1934; Superior Court of DeKalb County; misdemeanor and robbery; 12 months and 3 to 6 years; concurrent; recommended by solicitor; evidence strongly in conflict; commuted March 12, 1936. Not recommended by the Prison Commission.
G. M. BALDWIN: March adjourned term, 1935; Superior Court of Douglas County; assault to rape; 1 to 5 years; served all of sentence but about thirty days; recommended by the judge and solicitor; by trial jurors and others; advanced age and good previous record; commuted March 12, 1936. Not recommended by the Prison Commission.
LOUIE FENLEY: January term, 1935; Superior Court of Telfair County; larceny; 2 to 5 years; good prison record; recommended by trial judge and county officials; commuted March 16, 1936.

WILL BARNETT: November term, 1926; Superior Court of Madison County; murder; life; good prison record, mental condition; recommended by trial jurors, solicitor and prosecutor and officials under whom he has served; commuted March 27, 1936. Not recommended by the Prison Commission.

354

JouRNAL oF THE SENATE,

LLOYD SHIVERS: April term, 1934; Superior Court of Warren County; rape; 2 to 4 years; from evidence submitted from recommendations by reputable citizens of Warren County where crime was committed; it appears the ends of justice will be met by granting clemency; commuted to misdemeanor and he is to serve twelve months in a gang, or pay fine of $250.00; commuted March 30, 1936. Not recommended by the Prison Commission.
PRIOR DUKE: November term, 1928; Superior Court of Macon County; rape; 10 to 15 years; recommended by Han. Jule Felton who tried the case, warden, guards, County Commissioners of Candler County, Clerk of Court, and sheriff; good prison record; commuted April 7, 1936. Not recommended by the Prison Commission.
TERRELL LOUGHRIDGE: January term, 1935; Superior Court of Whitfield County; murder; death; youth of applicant, conflicting evidence; not opposed by the solicitor-general nor the sheriff and other officers; recommended by over a thousand people of Whitfield County; commuted April 9, 1936. Not recommended by the Prison Commission.
W. H. KERNS, ALIAS BEN WILDMAN: January term, 1935; Superior Court of Fulton County; forgery; 2,%' to 3 years (2 concurrent cases); good prison record; commuted on condition that he pay Dinkier Hotel System $76.00 on forged instruments; commuted April 10, 1936.
WILLIE UNDERWOOD: November term, 1935; Superior Court of Lowndes County; murder; life; recommended by trial jurors, clerk of court, sheriff, county prosecution and foreman of the Jury; evidence strongly in conflict; commuted April 20, 1936. Not recommended by the Prison Commission.
JOHN LOVEJOY: November term, 1935; Superior Court of Fulton County; seduction; paid prosecutrix $50.00 which appears under circumstances sufficient punish-

THURSDAY, JANUARY 14, 1937.

355

ment; commuted April 20, 1936. Not recommended by the Prison Commission.
GRADY CASSELL, ALIAS CARROLL: September term, 1935; Criminal Court of Fulton County; larceny, auto and misdemeanor; 1 year, 6 months; (12 months misdemeanor concurrent); probation was granted April 8, 1936 in misdemeanor case; the trial judge in felony case, recommends clemency; commuted April 23, 1936. Not recommended by the Prison Commission.
EDWIN FULCHER, R. A. BELL, C. E. JOHNSON, C. W. DELOACH, H. G. BARGERON, J. H. BRINSON, JR.; T. H. WHISNANT, C. N. MANLEY AND H. C. DANIEL: violating game laws; fine $25.00 each; it is felt that the ends of justice will be met by allowing these men to pay fine of $5.00 each and costs; commuted April 23, 1936. Not recommended by the Prison Commission.
ANNIE SINGLETON: December term, 1929; Superior Court of Calhoun County; murder; life; recommended by the judge, solicitor-general, warden; sheriff and others; has served more than six years with good prison record; commuted May 14, 1936. Not recommended by the Prison Commission.
CLARENCE COOK:. March term, 1935; Superior Court of Fulton County; larceny and misdemeanor; 1,Ya' to 2 years and 37 mQ_nths; misdemeanor sentences in case are comrimted to present service so applicant may begin sentence of 1% to 2 years; youth of applicant and recommended by a number of citizens; commuted May 15, 1936. Not recommended by the Prison Commission.
FLOYD ARMSTRONG: March term, 1931; Superior Court of Fulton County; robbery and burglary; 2 to 4, 2 to 5, 1 to 5, 1 to I>, 1 to 5 years; good prison record for over five years on a 10-year minimum; companions who did not plead guilty were given light sentences and have already

356

JOURNAL OF THE SENATE,

served them; commuted May 15, 1936. Not recommended by the Prison Commission.
TAFT McDONALD: Special September term, 1933; Superior Court of Lumpkin County; assault to murder and robbery; 10 and 10 years; youth of applicant and he was apparently lead to commit this crime by Rider, a companion who has reputation of .being a confirmed criminal; recommended by trial judge, sheriff, jurors and others; commuted May 15, 1936. Not recommended by the Prison Commission.
DAN DURLEY: May term, 1935; Superior Court of Lowndes County; manslaughter; 3 to 5 years; served nearly a year with good prison record; crime was committed six or seven years before he was tried, during which time he established himself in business in Florida and made good record; citizens of Florida recommend release and his employer held his job; commuted May 14, 1936. Not recommended by the Prison Commission.
TOM LOYD WHITMAN: February term, 1935; Superior Court of Gordon County; robbery; 2 years; has served 15 months on a two-year sentence with good record; destitute condition of family; recommended by the warden and citizens who have known him for a number of years; commuted May 14, 1936. Not recommended by the Prison Commission.
LAWRENCE THOMAS: September term, 1932; Superior Court of Fulton County; manslaughter; 5 to 10 years; applicant's time expires October 28, 1936; served with good record and is recommended by warden; commuted May 28, 1936. Not recommended by the Prison Commission.
JAMES EASLEY: February term, 1924; Superior Court of Candler County; robbery; 19 to 20 years; has served more than 12 years on sentence with good record; commutation recommended in order that he may go to his home in Ohio; commuted June 1, 1936.

THURSDAY, jANUARY 14, 1937.

357

JAMES NOBLE: March term, 1933; Superior Court of Chatham County; robbery; 4 to 6 years; good prison record, good previous record, prosecuting officers recommended clemency; commuted June 1, 1936.
CHARLIE BANKS: August term, 1935; Superior Court of Jasper County; manslaughter; 2 to 5 years; good prison record; recommended by trial judge, solicitorgeneral, county officials, trial jurors, WlJ.rden and county commissioners; commuted June 11, 1936.
BILL GOSSETT: June term, 1935; Superior Court of Jackson County; murder; death; recommended by the sheriff, county attorney, tax receiver, trial jurors; commuted to life imprisonment July 13, 1936.
CHARLES M. COOPER: November term, 1934; Superior Court of Fulton County; murder; death; conflicting evidence and recommended by Justice John B. Hutchinson of the Supreme Court and several hundred prominent citizens; commuted to life imprisonment July 8, 1936. Not recommended by the Prison Commission.
BONNIE BERRY, ALIAS BARNEY: March term, 1935 and January term, 1936; Superior Court ofDeKalb and Fulton Counties; larceny of auto; 12 months; 12 months and 5 years concurrent; 2 years to follow; has served a year and four months; is only 15 years of age; recommended by Chief of Police of Leesburg, Florida and Solicitor Boykin in order that he may return to Florida; commuted August 14, 1936.
FRANK SMITH: September term, 1935; Superior Court of Coweta County; murder; death; recommended by trial judge, physicians, Judge, City Court of Newnan, and others; commuted to life imprisonment September 17, 1936.
JOE HAMMONS: August term, 1936; Superior Court of Monroe County; misdemeanor; 6 months; applicant served with good prison record; recommended by Mr.

358

JOURNAL OF THE SENATE,

B. S. Willingham, who states he is good negro and this is
first offense; commuted September 24, 1936. Not recommended by the Prison Commission.
CLARENCE WYNENS: September term, 1935; Superior Court of Heard County; murder; death; was convicted on circumstantial evidence and is recommended by the trial jurors, sheriff, county commissioners and others; commuted to life imprisonment September 30, 1936.
JIM WILSON: July adjourned term, 1935; Superior Court of Pike County; murder; death; witnesses testifying against applicant were members of dead man's family, who, many responsible citizens state they would not believe under oath; no previous conviction and is recommended by a number of responsible people; commuted to life imprisonment October 6, 1936. Not recommended by the Prison Commission.
WILLIAM SISK: February term, 1935; Superior Court of Fulton County; murder; death; recommended by one member of the Prison Commission, by the widow of the slain man, eleven trial jurors and others; commuted to life imprisonment October 14, 1936. Not recommended by Prison Commission.

M. J. ADAMS: May term, 1935; Superior Court of Fulton County; felony; 2 years; good prison record; poor physical condition; recommended by warden, assistant solicitor-general, and others; commuted October 14, 1936.
CLEONIS GOLSTON: February term, 1934; Superior Court of Bibb County; murder; life; recommended by the sheriff, warden, and the solicitor-general neither recommends nor opposes; commuted October 14, 1936. Not recommended by the Prison Commission.

H. S. PERKINS: November term, 1935; Superior Court of Muscogee County; murder; death; due to mental

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359

condition, applicant's sentence was commuted to life Imprisonment October 16, 1936. Not recommended by the Prison Commission.
CHAS. C. HUDSON: July term, 1935; Superior Court of Fulton County; larceny after trust; 2 to 3 years; has served about 15 months on a two-year minimum sentence with good record; recommended by trial judge; warden; is commuted in order that he may be turned over to Federal authorities; commuted October 16, 1936. Not recommended by the Prison Commission.
JAMES (NIGGER) DAVIS: May term, 1936; Superior Court of Houston County; burglary; 3 years; recommended by the prosecutor who states that he has had sufficient punishment for crime committed; commuted O~t~ber 20, 1936. Not recommended by the Prison Commission.
FRED D. FAIR: May term, 1929; Superior Court 'of Fulton County; murder; death; due to conflicting evidence applicant's sentence was commuted from death to life imprisonment; commuted October 16, 1936. Not recommended by the Prison Commission.
W. A. HANKS: September term, 1932; Superior Court. of Richmond County; voluntary manslaughter; 20 years; recommended by solicitor-general and officers who prosecuted the case; served with good prison record; commuted October 15, 1936. Not recommended by the Prison Commission.
CARL SPENCE: August term, 1936; Superior Court of Clarke County; misdemeanor; 12 months; recommended by Superintendent of State Farm; in bad physical condition; commuted October 21, 1936. Not recommended by the Prison Commission.
SAMMIE ARMSTRONG: January term, 1935; Superior Court of Whitfield County; murder; death; recommended by trial jurors, wife of the sheriff of Whitfield

360

JOURNAL OF THE SENATE,

County, and others; due to youth of applicant and there being an element of manslaughter in the case, sentence was commuted from death to life imprisonment; commuted October 20, 1936. Not recommended by the Prison Comm1ss1on.
F. M. MILES: January term, 1935; Superior Court of Whitfield County; murder; death; recommended by eight of trial jurors, sheriff of Whitfield County and many other citizens~ due to youth of applicant and there being an element of manslaughter in the case, sentence was commuted from death to life imprisonment; commuted October 20, 1936. Not recommended by the Prison Comm1ss1on.
BEN O'NEAL: January term, 1935; Superior Court of Fulton County; robbery; misdemeanor; 15 to 20 years and 12 months; concurrent; served practically two years with good record; no previous record; evidence produced raised doubt of guilt; commuted October 28, 1936. Not recommended by the Prison Commission.
SAM JONES: October term, 1935; Superior Court of Chatham County; murder; death; recommended by ten of the trial jurors and several hundred citizens; COdefendant was convicted of manslaughter and given one year; commuted to life imprisonment November 4, 1936.
W. C. DEVERE: December term, 1931; Superior Court of Ware County; manslaughter; 19 to 20 years; served over 4 years with good record; after a careful review, the evidence convinces me that the prisoner committed crime in effort to escape; commuted November 12, 1936. Not recommended by the Prison Commission.
PEDRO ARTEZ, ALIAS ERNEST BURTON, ALIAS INOCENTES DELARDE, ALIAS PEDRO ARTEGO, ALIAS PENEZ: October term 1935; Superior Court of Fulton County; burglary; 3 to 5 years; applicant is a Filipino with long criminal record; he has consented to

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361

return to the Philippine Island and the Federal Government has arranged for his return June 19, 1936; order will not be effective if for any reasons the Government fails to return him to the Philippine Island; commuted June 12, 1936. Not recommended by the Prison Commission.
PAUL COWART: August adjourned term, 1931; Superior Court of Candler County; burglary and assault to murder; 2 to 5 and 4 to 6 years; good prison record; practically blind; recommended by officials under whom he has served; commuted July 23, 1936.
CHARLIE WREN: April term, 1936; City Court of Richmond County; keeping disorderly house; 12 months or $1,000.00 and 6 months' probation; recommended by a number of citizens of Richmond County; applicant in bad physical condition; sentence commuted to 12 months or to be relieved of the 12 months upon payment of $500.00 fine; commuted November 17, 1936. Not recommended by Prison Commission.
YOUNG IVEY: October term, 1935; Superior Court of Barrow County; burglary; 2 to 3 years and 2 to 3 years concurrent; good prison record; doubt as to guilt; commuted November 30, 1936. Not recommended by Prison CommiSSion.
J. C. PRESTON: October term, 1935; Superior Court of Marion County; assault to murder; 12 months; previous good record; applicant has wife and 3 small children needing support; recommended by trial jurors, sheriff:, senator-elect and representative-elect from Marion County; commuted upon payment of $100.00 fine, November 25, 1936.
RUDEE USHER: October adjourned term, 1935; Superior Court of Effingham County; arson; 1 year minimum and 1 year maximum; George Bowen, accomplice in this case was given a sentence of $50.00 or 12 months; there is no distinction between the case of Bowen and

362

JOURNAL OF THE SENATE,

Usher; it appears prosecution from malice toward Usher growing out of family troubles between him and Bowen the prosecutor and accomplice; the trustees of the school burned did not prosecute the case; since conviction applicant has suffered a broken leg and is unable to serve sentence as evidenced by 3 reputable Savannah physicians; commuted upon payment of fine of $50.00; November 24, 1936. Not recommended by Prison Com.mission.
AARON ARNOLD: May term, 1933; Superior Court of Fulton County; burglary (3 cases); 3 to 5 years; 3 to 5 and 4 to 6 years; good prison record with exception of one escape; recommended by warden; a number of citizens of Fulton County; commuted December 2, 1936. Not recommended by Prison Commission.
NORA ANDERSON: October term, 1935;. Superior Court of Richmond County; murder; death; Prison Commission recommended death sentence be commuted to life imprisonment; commuted December 8, 1936.
RICHARD HARRISON AND WM. C. TAYLOR: February term, 1936; Superior Court of Muscogee County; burglary; 5 to 10 years; applicants have long prison terms to serve in Alabama; the state has requested their release in Georgia to complete the sentences there; the Prison Commission is directed to deliver prisoners to the Alabama authorities upon their release; commuted November 11, 1936. Not recommended by Prison Commission.
FRANK LONG: July term, 1932; Superior Court of Haralson County; assault to murder; larceny of auto; 1 to 3 years; 3 to 7 years; applicant has served minimum of four years; commuted December 17, 1936. Not recommended by Prison Commission.
ELMER LUKE: October term, 1935; Superior Court of Fulton County; murder; death; recommended by the trial judge and solicitor that sentence be commuted to life; commuted December 16, 1936.

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363

J. LINDSEY JOHNSON: De,cember term, 1936; City Court of Floyd County; driving while intoxicated; $50.00 fine or 6 months; recommendation, Hon. Graham Wright, that fine be reduced to $25.00 including costs; commuted December 16, 1936. Not recommended by Prison Commtsston.
LEE MILES APPLING: Septemher term, 1929; Superior Court of Richmond County; murder; life (2 cases); served 7 years with good prison record; recommended by solicitor-general; warden_ and others; commuted December 14, 1936. Not recommended by Prison Commission.
MIKE DEPRANO: July and September term, 1936; Superior Court of DeKalb and Fulton Counties; burglary; 9 to 12 years and 5 to 10 concurr:ent; recommendation by prosecutor; commutation December 22, 1936. Not recommended by Prison Commission.

GRADY JEFFREY: March term, 1933; Superior Court of Dade County; voluntary-manslaughter; 18 years; recommended by Mr. Ireland, Superintendent of the Boys Training School, applicant's sentence be commu,ted to serve his sentence there; commuted to serve under Mr. Ireland, Superintendent, December 15, 1936. Not recommended by Prison Commission..
EARNEST QUARLES: February term, 1936; Superior Court of Murray County; transporting liquor; 12 months or $150.00 fine and costs; recommended by Mr. J. M. Bagley, of Murray County; clerk of superior court; sheriff; commissioner of roads and revenues; commuted upon payment of fine of $125.00 December 21, 1936. Not recommended by Prison Commission.

HUBERT JOHNSON, Col.: August term, 1936; City Court of Jefferson; transporting liquor; applicant having already paid $30.00 to recover his car, it is felt that .sentence should be commuted to 6 months; in the chaingang or pay-

364

JOURNAL OF THE SENATE,

ment of $50.00 fine to include costs; December 21, 1936. Not recommendedby Prison Commission.
JACK JENKINS: February term, 1935; Superior Court of Jasper County; murder; life; good prison record; recommended by trial judge; prosecuting attorney; trial jurors; sheriff; clerk of court; and others; physician attending deceased states he died from pneumonia brought on by carelessness, and not from the gunshot wound; commuted December 22, 1936.

TOM YAUGHN: January terin, 1925; February term, 1928; Superior Court of Crawford and Bibb Counties; arson and voluntary-m~nslaughter; 13 years and 10 to 15 years; served 9 years; record good with exception of escapes; recommended by sheriff of Crawford County; chief of police of Macon; solicitor-general recommends release if applicant changes way of living; commuted December 22, 1936. Not recommended by Prison Commission.

CLEVELAND JACKSON: May term, 1933; Superior Court of Fulton County; murder; life; good prison record; recommended by warden and 9 of the trial jurors; other 3 having moved away; commuted December 23, 1936. Not recommended by Prison Commission.

TED GAYTON: Fall term, 1930; Superior Court of Walker County; manufacturing liquor and assault to murder in 2 cases; 1 to 3; 2 to 4; and 2 to 4 years; good prison record; recommended by prosecut6rs; trial judge; Assistant U. S. Attorney; sentence commuted December 23, 1936 in order that applicant can be turned over to Federal authorities to begin his sentence in the U. S. Penitentiary where he has a 2 years sentence pending.

WILSON SPIKES: December term, 1935; Superior Court of Ware County; murder; death; defective mental development; imbecile; commuted December 22, 1936.

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365

ROBERT LOWERY JONES: March term, 1935; Superior court of Fulton County; robbery and misdemeanor; 12 to 18 years and. 12 months; recommended by warden; superintendent and others under whom he has served; commission of roads and revenues; county physician; chief of police, and 6 or 7 police officers of Columbus; and a number of other responsible citizens; probated December 30, 1936. Not recommended by Prison Commission.
ED WHITE: September term, 1935; Superiot Court of Elbert County; manslaughter; 20 years; trial judge states there were mitigating circumstances connected with the killing and he does not oppose clemency; recommended by tax commissioner; ordinary; clerk of court; probated January 7, 1937. Not recommended by Prison Commission.
H. I. DAVIS: November term, 1933; Superior Court of Sumter County; manufacturing liquor; 5 years; served over 3 years; with good prison record; recommended by warden; commuted January 7, 1937. Not recommended by Prison Commission.
LUTHER WATERS: November term, 1936; Superior Court of T attnall County; operating gambling device; 12 months; recommended by trial judge; commuted January 5, 1937. Not recommended by the Prison Commission.
HORSE BEAL, ALIAS CAPTAIN BEAL: November term, 1933; Superior Court of Burke County; assault with intent to rape; 5 years; has served over three years on a five-year sentence with good record; with good time allowance has only eleven months to serve; recommended by warden; commute.d January 6, 1937. Not recommended by the Prison Commission.
LATHAM BRASWELL, ALIAS BENNETT: March term, 1936; Superior Court of Gwinnett County; crime of voluntary-manslaughter; 2 to 5 years; mitigating cir-

366

JOURNAL OF THE SENATE,

cumstances; recommended by county commissioners of Gwinnett County, former employer and others; commuted January 7, 1937. Not recommended by the Prison Commtsston.
CLINTON BURK: October term, 1934; Superior Court of Taylor County; murder; life; recommended by chairman of County Commissioners of Taylor County; warden, ordinary, clerk of court and others; good previous record and mitigating circumstances; commuted January 7, 1937. Not recommended by the Prison Commission.
JOHN RAMSEY AND GENE WOFFORD: February term, 1935; Superior Court of Murray County; murder; life; good prison record; recommended by trial judge, solicitor-general, sheriff, clerk of court and others; commuted January 7, 1937.
HUGH I. CHESHIRE: June term, 1932; Superior Court of Chatham County; murder; life; aggravating circumstances on part of deceased that brought on killing which makes this a case of manslaughter rather than murder; excellent prison record and is recommended by warden, guards, a member of the jury and others; commuted January 11, 1937. Not recommended by the Prison Commission.
L. P. AND ROY PRINCE: October term, 1934; Superior Court of Cherokee County; burglary; burglary and felony; 2 to 3 years; 2 to 3 and 5 years; commuted on recommendation of solicitor-general, prosecutor, sheriff and county commissioner; commuted January 11, 1937. Not recommended by the Prison Commission.
A. J. BROWNING: September term, 1936; Superior Court of Fulton County; misdemeanors 12 and 12 months; recommended by a great many substantial citizens; no previous record; commuted January 11, 1937. Not recommended by the Prison Commissi~n.
BEN MUCKLE: March term 1936; Criminal Court of Fulton County; lottery; 6 months and 8 months and

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367

4 months; served one sentence and started on others; recommended by those under whom he has served; commuted January 11, 1937, on payment of fine of $50.00. Not recommended by the Prison Commission.

PARDONS-1935
All pardons recommended by Prison Commission except where stated.
J. L. JACKSON: May term, 1931; Superior Court of
Montgomery County; manslaughter; 1 to 2 years; recommended by trial jurors, county officials, and a large number of responsible citizens of Montgomery County; pardoned January 17, 1935.
MARY MEEKS: November term, 1934; Superior Court of Troup County; burglary; 1 to 2 years; Judge L. B. Wyatt who sentenced this girl requested a conditional pardon so that she may be placed in the Georgia Training School for Girls on account of her age; pardoned January 22, 1935. Not recommended by the Prison Commission.
WYLIE GRANISON: March term, 1933; Superior Court of Fulton County; robbery; 2 years; recommended by Judge Pomeroy; served practically all of his sentence with good prison record; pardon granted January 24, 1935. Not recommended by the Prison Commission.
E. W. MITCHELL: August term, 1934; Superior Court of Dawson County; robbery and misdemeanor; 2 to 5, 2 to 5, 2 to 5, and 5 to 7 years and 6 to 12 months (all concurrent); there seems to be a miscarriage of justice in this case; pardoned January 28, 1935. Not recommended by the Prison Commission.
G. E. CLARK: December term, 1934; City Court of Columbus; assault and battery; 12 months; recommended by several hundred people familiar with the trouble out of which the prosecution of Clark grew; in view of the fact he

368

JouRNAL OF THR SENATE,

has served several months of sentence and Mrs. Bradley swears that she committed crime, pardon is granted; pardoned January 28, 1935. Not recommended by the Prison Commission.
EDWARD BRYANT: May term, 1922; Superior Court of Fulton County; murder; sentenced to life; was granted parole January 7, 1932, and he lived a law-abiding life during his parole; pardoned February 2, 1935.
JOHN H. PAYNE: June term, 1933; Criminal Court of Atlanta; intoxicated on public highway; 12 months; poor physical condition; recommended by trial Judge and others; pardoned February 5, 1935.
W. E. LEE: December term, 1933; City Court of LaGrange; possessing beer; 12 months; recommended by Judge of Superior Court and others; pardoned February 11, 1935. Not recommended by the Prison Commission.
TUCK DAVIS: January term, 1934; Superior Court of Hall County; burglary, 3 years; recommended by Judge of Superior Court; needy circumstances of family; pardoned April 1, 1935. Not recommended by the Prison Commisswn.
W. B. (BARNEY) DEAN: Spring term, 1921; Superior Court of Wheeler County; manslaughter; 4 to 10 years; good prison record; recommended by a large number of Citizens; pardoned April 1, 1935.
MACK McCARTHEY ALIAS CARTHEY: January term, 1935; Criminal Court of Atlanta; possessing liquor; 12 months suspended and $100.00; recommended by the trial judge, solicitor and assistant solicitor; pardoned April 2, 1935.
JAKE (J. E.) BRAY: January term, 1930; Superior Court of Stephens County; larceny of auto; 3 to 5 years; was granted parole October 8, 1931; has conducted himself properly during time of parole; pardon granted April 2, 1935.

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369

S. H. CARTER: December term, 1922; Superior Court of Glynn County; involuntary manslaughter; 1 to 3 years; was granted parole February 6, 1924, has complied with terms of parole; pardon granted April 10, 1935.
S. G. FOSTER: August term, 1934; Superior Court of Polk County; liquor; 12 months and 12 months; recommended by trial judge; judge of City Court of Cedartown and others; pardoned April 11, 1935. Not recommended by Prison Commission.
LEONARD SHEROUSE: September term, 1931; Superior Court of Fulton County; fictitious checks; 2 to 5 and 2 to 5 years; good prison record; recommended by the assistant solicitor-general and trial judge; pardoned April 11, 1935.
CORNELIUS STEPHENS: January term, 1930; Superior Court of Clarke County; murder; sentenced to life; youth of applicant; recommended by ordinary, sheriff, chief of police of Madison County, judge of city court of Danielsville and three of the jurors; pardoned April 11, 1935. Not recommended by the Prison Commission.
J. W. BAUKNIGHT: September term, 1930; Superior Court of Clayton County; perjury; 6 years; good prison record; recommended by solicitor of city court of Jonesboro, trial judge, sheriff and others; pardoned April 11, 1935.
BOWDEN RAGSDALE: February term, 1930; Superior Court of Pike County; embezzlement; 7 years; was paroled the 17th day of February, 1933, has complied with terms of parole; pardon granted April 11, 1935.
BILL (W. C.) DODD: March term, 1934; Superior Court of Forsyth County; aiding escape; 1 to 2 years; recommended by trial judge; solicitor-general and representative Forsyth County on account of condition of family; pardoned April 12, 1935. Not recommended by the Prison Commission.

370

JouRNAL oF THE SENATE,

A. H. BROWN: December term, 1933; Superior Court of Bibb County; robbery; 2 years and 1 year; youth; highly recommended by probation officer of Bibb County, ordinary, sheriff and others; pardoned April 16, 1935. Not recommended by the Prison Commission.
BLANTON P. WEBB: April term, 1932; Superior Court of Bibb County; robbery; 2 years in 5 cases; good prison record; recommended by solicitor-general, warden and others; pardoned April 16, 1935.
E. S. KEENAN: March term, 1934; Superior Court of Fulton County; misdemeanor and forgery; 6 months and 3 to 5 years; Mr. Tarleton Collier, on whom check was forged, recommends clemency; pardoned April 19, 1935. Not recommended by the Prison Commission.
J. M. SHEPPARD: October term, 1934; Superior Court
of Lumpkin County; simple larceny; 1 to 2 years; previous good record; recommended by the trial judge, sheriff and others; pardoned April 22, 1935. Not recommended by the Prison Commission.
HENRY TURNER: October term, 1934; Superior Court of White County; wife beating and assault to murder; 12 and 12 months; good prison record; recommended by the trial judge; pardoned April 24, 1935. Not recommended by Prison Commission.
HENRY ANDREWS; DEAN MORG, ALIAS MORGAN; NEALOUS NORRELLS: August term, 1934; Superior Court of Cherokee County; riot; 2 to 5 years; good prison record; recommended by the trial judge, solicitorgeneral, warden, sheriff, and others; pardoned April24, 1935.
RAYMOND WOOD: August term, 1934; Superior Court of Polk County; shooting at another; 12 months; good prison record, youth of applicant; recommended by chief of police of Cedartown and others; pardoned April 24, 1935. Not recommended by the Prison Commission.

THURSDAY, JANUARY 14, 1937.

371

JOE WYATT: May term, 1934; Superior Court of Walker County; voluntary manslaughter; 1 year; recommended by the trial judge, trial jurors, and others; pardoned April 24, 1935.
EDWARD BATTLE: June term, 1927; Superior Court of Fulton County; robbery; 19 to 20 years; good prison record; chief of police of LaGrange states had a good record until this trouble; pardoned April 24, 1935. Not recommended by the Prison Commission.
CLAUDE E. BUCHANAN: March term, 1930; Superior Court of Fulton County; bribery, a misdemeanor; fine of $300.00 or 6 months; recommended by the solicitorgeneral and representative of Fulton County; pardoned Apri~ 25, 1935. Not recommended by the Prison Commlsslon.
D. E. LEE: August term, 1934; Superior Court of Daw-
son County; robbery 2 to 5 and 2 to 5 (and 2 to 5 and 2 to 5 concurrent); recommended by 10 of the jurors, sheriff and deputy sheriff and others; pardoned April 25, 1935. Not recommended by the Prison Commission.
ROBERT HOOD: November term, 1932; Superior Court of Troup County; larceny; 1 to 3 years; applicant was granted a parole November 14, 1933 and has complied with terms of parole; pardoned May 2, 1935.
TOM TIPPETT: January term, 1933; Superior Court of Fulton County; larceny of automobile; 2 to 4 years; was granted a parole January 24, 1934, and has complied with terms of parole; pardoned May 2, 1935~
JAMES COCHRAN: February term, 1935; Superior Court of Paulding County; liquor and bastardy; 12 months and 12 months; recommended by the trial judge on account ofcondition of family; pardoned May 9, 1935. Not recommended by the Prison Commission.
CLAY FOSSETT: October term, 1934; Superior Court of Whitfield County; assault and battery; 12 months; good

372

JouRNAL OF THE SENATE,

prison record; pardoned May 9, 1935. Not recommended by the Prison Commission.
LESTER HOOD: May term, 1930; Superior Court of Polk County; misdemeanor and burglary; 6 months; 2, 2, 2 and 2 years; length of service, recommended by county officers, solicitor, judge and others; pardoned May 10, 1935. Not recommended by the Prison Commission.
SALEM HADDAD: January term, 1933; Superior Court of Floyd Cqun ty; forgery; 2 to 4 years in each of four cases; good prison record; recommended by the judge, county physician, warden and others; pardoned May 15, 1935.
WILLIS WILS~ August term, 1932; Superior Court of Dawson County; robbery and assault to murder; 2 to 4 years, first case and 4 to 10 years, second case; companion in this case has been released; conditional pardon granted May 23, 1935. Not recommended by the Prison Commission.
M. K. (MACK) KIRKLAND: November term, 1934; Superior Court of Fulton County; larceny of automobile; 1 to 3 years; served half of minimum sentence with good record; has been offered place in forestry camp; conditional pardon granted May 23, 1935. Not recommended by Prison Commission.
J. B. McRAE: October term, 1934; Superior Court of
Fulton County; sentenced to 12 months, misdemeanor, bad check; recommended by the prosecutor and sheriff of Cherokee County; pardoned May 23, 1935. Not recommended by the Prison Commission.
ARTHUR ATKINSON: January term, 1932; Superior Court of Fulton County; voluntary manslaughter; 15 to 20 years; good prison record; not opposed by trial judge; recommended by the sheriff and members of sheriff's office; also members of police force, Pastor West End Baptist

THURSDAY, JANUARY 14, 1937.

373

Church and others; pardoned May 23, 1935. Not recommended by the Prison Commission.
FRANK DODD: May term, 1934; Superior Court of Hall County; kidnapping; larceny of auto and misdemeanor; sentenced to 5 years and 6 months; good prison record; recommended by prosecutors, county officials, solicitorgeneral and others; pardon granted May 23, 1935.
HERMAN SATINOVER: March term, 1935; Superior Court of Richmond County; involuntary-manslaughter; 12 months; it appears from the records that he killed his companion and it was an accident; the jury petitioned the judge to grant him a new trial and let him plead guilty of involuntary-manslaughter; this was done and the sentence was fixed at twelve months; no previous record; pardoned May 24, 1935. Not recommended by the Prison Com-
miSSIOn.
COMER HUNTER: July term, 1933; Superior Court of Cobb County; voluntary-manslaughter; 10 to 15 years; good prison record; recommended by the solicitor-general and judge does not oppose clemency; pardoned May 29, 1936. Not recommended by the Prison Commission.
ANDREW NORMAN ALIAS ANDREW J. PARSONS: May term, 1932; Superior Court of Ware County; manslaughter; 5 years; good prison record; good previous record; recommended by the judge, warden and a number of citizens in Kentucky as well as in Georgia; pardoned June 1, 1935. Not recommended by the Prison Commission.
A. B. TAYLOR: August term, 1931; Superior Court of Catoosa County; misdemeanor and burglary; 12 months and 2 years; was granted commutation to present service December 15, 1933, and has lived a law-abiding life since; . pardoned June 7, 1935.
THURMAN ANDERSON: September term, 1934; Superior Court of Talbot County; assault with intent to

374

JouRNAL OF THE SENATE,

murder; 2 to 4 years; good previous record; recommended by the solicitor-general; sheriff; representative of Liberty County, a number of responsible citizens and the only eyewitness to offense; pardoned June 17, 1935.
DEWEY WELCH: April term, 1933; Superior Court of Colquitt County; accessory to robbery; 5 to 8 years; good prison record and good previous record; recommended by the sheriff, judge city court, trial jurors, warden and others; pardoned June 19, 1935.
JOHN THOMAS MITCHELL: September term, 1934; Superior Court of Fulton County; larceny; one year; good prison record; served practically all of sentence; pardoned J~n~ 20, 1935. Not recommended by the Prison Commtsston.
ODELL BAXTER: October term, 1934; Superior Court of Barrow County; aiding escape and misdemeanor; 1 year and 12 months; good prison record; recommended by twelve jurors and warden; length of time served; pardoned June 22, 1935. Not recommended by the Prison Commission.
BATFON FLOYD: November term, 1931; Superior Court of Cobb County; larceny of auto; 1;1 to 3 years; good prison record; recommended by warden, solicitor-general in office at time of sentence and present solicitor-general; also officials of Floyd County and others; pardoned June 22, 1935.
J. A. JENKINS: May term, 1935; Superior Court of Fulton County; burglary; 3 to 3 years in two cases; chief T. 0. Sturdivant recommends pardon because boy was lead into and induced to participate in commission of the crime in order to secure evidence for the officers; pardoned June 24, 1935. Not recommended by the Prison Commtsston.
JOHN LOCKETT: September term, 1933; Superior Court of Fulton County; robbery and misdemeanor; 8

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375

years and 12 months; recommended by the prosecutor and officers who handled case on account of doubt of guilt; pardoned June 27, 1935. Not recommended by the Prison: Commission.
SALVATORE LAVALLE: March term, 1921; Superior Court of Walker County; assault to murder; 5 years; served his sentence-having been discharged April 20, 1935; has been shown he has lived a law-abiding life; pardon granted June 26, 1935. Not recommended by the Prison Commtsston.
DALLAS GLENN: August term, 1933; Superior Court of Floyd County; manslaughter; 20 years; good prison record; recommended by a number of citizens; has job; pardoned July 10, 1935. Not recommended by the Prison Commission.
D. BLUSTEIN: March term, 1934; Superior Court of Fulton County; arson; 2 to 4 years; good previous record; there is some question as to his guilt, was convicted on circumstantial evidence; recommended by a number of citizens in Atlanta; pardoned July 10, 1935. Not recommended by the Prison Commission.
NOLAN WILLIAMSON: April term, 1919; Superior Court of Early County; murder; sentenced to life; was granted a parole January 3, 1933, and since that time has complied with terms of parole; pardoned July 10, 1935.
G. HEWLETT LEDBETTER: November term, 1934; Superior Court of Fulton County; robbery; 9 to 12 years; first offense; recommended by the solicitor-general and judge, sheriff of Fulton County and other responsible citizens; pardoned July 11, 1935. Not recommended by the Prison Commission.
EZRA BROWN: January term, 1916; Superior Court of Fulton County; burglary; 12 years; age and bad physical condition; conditional pardon granted July 11, 1935. Not recommended by the Prison Commission.

376

JouRNAL OF THE SENATE,

WILLIE JOE FRANKLIN: November term, 1930; of the Superior Court of Bibb County; burglary (2 cases) 2 to 8, 5 to 8 years; good prison record; recommended by the sheriff, guards, jury and solicitor-general; conditional pardon granted July 24, 1935. Not recommended by the Prison Commission.
MORGAN JOHNSON: May term, 1930; Superior Court of Lowndes County; murder and sentenced to life; mitigating circumstances, made good prison record; officers of Telfair County recommend his release; conditional pardon granted July 25, 1935. Not recommended by the Prison Commission.
OWEN MORRIS, ALIAS CLEVE BROOK, ALIAS MOBLEY: June term, 1929; Superior Court of Fulton County; robbery; 6 to 12 and 7 to 12 years; victims of robbery recommend his release; recommended by a number of citizens; conditional pardon granted July 24, 1935. Not recommended by the Prison Commission.
R. C. RAY, SR.: October term, 1934; Superior Court of Crisp County; larceny after trust; 12 months; served half of sentence with good record; recommended by trial judge, sheriff, tax collector, warden and others; pardoned July 25, 1935. Not recommended by the Prison Commission.
J. B. LUNSFORD: September term, 1933; Superior Court of Fayette County; robbery; 4 years; good prison record; recommended by the trial judge; jurors and Superintendent of State Farm; pardoned July 25, 1935. Not recommended by the Prison Commission.
CURTIS GRAY: January term, 1935; Superior Court of Fulton County; burglary; 1 to 4 years; bad physical condition; recommended by chief of police of Hapeville and others; conditional pardon granted July 24, 1935. Not recommended by the Prison Commission.
C. L. DAVIS AND W. B. DAVIS: October term, 1933; Superior Court of Taylor County; pointing pistol and kid-

THURSDAY, jANUARY 14, 1937.

377

napping; pointing pistol; 4 to 6 years and 12 months; 4 to 6 years; good prison record; recommended by warden and guards, trial jurors, county officers and others; pardoned July 24, 1935.
ED PETIT, ALIAS ED PETTIS: May term, 1929; Superior Court of Richmond County; manslaughter; 20 years; was granted parole November 20, 1931, and has complied with the terms of parole; pardoned July 25, 1935.
JIM McBRIDE: November term, 1925; Superior Court of Screven County; manslaughter; 18 to 20 years; was granted parole May 9, 1929, and has complied with terms of parole; pardoned July 24, 1935.
W. L. FLANDERS: October, 1934 and February, 1935; Criminal Fulton County; possessing liquor; lottery (2 cases); $75.00 and 12 months' suspension-$50.00 and 12 months' suspension; fines in both cases have been paid; several months of suspended sentence served with good conduct; pardoned July 31, 1935. Not recommended by the Prison Commission.
HERBERT WRIGHT: February term, 1935; Superior Court of Montgomery County; assault to rape; 1 to 3 years; doubt of guilt and recommended by trial judge after serving three months; pardon granted July 31, 1935.
WILL THOMAS: January term, 1928; Superior Court of Bibb County; murder and sentenced to life; good prison record; recommended by nine of trial jurors, chief of police of Macon, sheriff and solicitor-general; pardoned July 29, 1935. Not recommended. by the Prison Commission.
JOE HILL: April term, 1930; Superior Court of Barrow County; burglary; 2 to 3 years; was granted parole October 1, 1931; has complied with terms of parole; pardoned July 31, 1935.
E. V. ADAMS: August term, 1929; Superior Court of Clayton County; rape; 1 to 3 years; doubt of guilt and recommended by victim's father; pardoned August 6, 1935.

378

JouRNAL OF THE SENATE,

MARCELLE WALLS: March term, 1935; Superior Court of Forsyth County; burglary; 12 months; youth of applicant and recommended by prosecutors, judge of superior court and others; pardoned August 21, 1935. Not recommended by the Prison Commission.

PAUL D. STEVENS: April term, 1933; Superior Court

of Berrien County; burglary; 2 to 4 years; good prison

record, no previous record: recommended by trial jury,

county officials and others; pardoned August 17, 1935. Not

recommended by the Prison Commission.

'

RALPH WHITE: April term, 1934; Superior Court of Colquitt County; robbery; 2 to 3 years; destitute condition offamily; recommended by 11 of the trial jurors, the warden and others; pardoned August 15, 1935. Not recommended by the Prison Commission.

BILL COMPTON: February term, 1935; Superior Court of Cherokee County; felony; 1 year; good prison record and no previous record; recommended by sheriff, ordinary, clerk of county commissioners, clerk of superior court and others; pardoned August 15, 1935. Not recommended by the Prison Commission.
HUBERT HURLEY: July term, 1934; Superior Court of Floyd County; robbery; 1 to 3 years; has served minimum sentence; destitute family and clemency is recommended by arresting and prosecuting officer; pardoned August 28,' 1935. Not recommended by the Prison Commission.
SHERMAN POWELL: August term, 1934; Superior Court of Treutlen County; voluntary manslaughter; 1 to 2 years; good prison record; recommended by superintendent of State Farm; pardoned August 29, 1935. Not recommended by the Prisoo Commission.
GUS EDMONDSON: March term, 1934; Superior Court of Coweta County; rape accessory to; 1 to 5 years; was granted parole March 8, 1935; has complied with terms of parole; pardon granted September 6, 1935.

THURSDAY, JANUARY 14, 1937.

379

H. L. HORNSBY: January term, 1934; Superior Court of Fulton County; burglary; 12 months; good previous record; recommended by trial judge, arresting officers and others; pardoned September 7, 1935.
FRED H. BROOKS: April term, 1932; Superior Court of Randolph County; embezzlement; 1 to 3 years; good prison record and clemency is recommended by a number of citizens; pardoned September 7, 1935. Not recommended by the Prison Commission.
M. C. STANDRIDGE, ALIAS ARTHUR FRANKLIN: May term, 1931; Superior Court of Fulton County; burglary and larceny of auto; 3 to 5 years; 18 months and 18 months; paroled January 11, 1934; has complied with terms of parole; pardoned September 9, 1935.
A. L. ALMOND: July term, 1934; Superior Court of Cobb County; false swearing; 3 years; recommended by trial judge, sheriff, jurors and others; pardoned September 11, 1935. Not recommended by the Prison Commission.
MRS. BETTY COBB: November term, 1930; Superior Court of Fulton County; manslaughter; 10 to 20 years; was granted parole April 24, 1934 and has complied with terms of parole; pardoned September 13, 1935.
JUDAS, ALIAS JULIUS DENNIS (Col.): March term 1935; Superior Court of Putnam County; misdemeanor $100.00 or 12 months; doubt of guilt; pardoned September 13, 1935. Not recommended by the Prison Commission.
REED HICKEY: May term, 1937; Superior Court of Fannin County; voluntary-manslaughter; 5 to 20 years; was granted parole July 2, 1931, and has complied with terms of parole; pardoned September 25, 1935.
ALONZO McCALLA: March term, 1922; Superior Court of Fulton County; murder; life; was paroled March 7, 1932 and has complied with terms of parole; pardon granted September 25, 1935.

380

JouRNAL OF THE SENATE,

W. E. SAUNDERS: June term, 1930; Superior Court of Fulton County; bribery; 3 cases of 12 months each; 2 concurrent and fine of $1,000.00 in court; has served his sentence and made excellent citizen; pardon granted September 25, 1935. Not recommended by the Prison Comm1ss1on.
LEE BARRETT: October term, 1934; Superior Court of White County; assault to murder; 12 months and 12 months; good prison record and recommended by judge; pardoned September 24, 1935. Not recommended by the Prison Commission.
JACK DODSON: March term, 1935; Superior Court of Fulton County; burglary; 1,%' to 2 years; good prison record, bad physical condition; recommended by chief of police, Atlanta and by pastor of his church; pardoned September 23, 1935. Not recommended by the Prison Commission.
CHARLIE ARNOLD: Spring term, 1926; Superior Court of Ware County; felony 1 to 5 years; parole was granted May 24, 1927 and he has complied with terms of parole; pardoned October 2, 1935.
PETE GERAKITIS: October term, 1933; Criminal Court of Fulton County; sentenced to 12 months in case No. 123854; cheating and swindling (fraudulent checks (4) counts); has served sentence; pardon granted to restore citizenship; pardoned October 14, 1935. Not recommended by Prison Commission.
H. B. MOON: September term, 1933; Superior Court of Gwinnett County; seduction; 2 to 4 years; good prison record; recommended by sheriff, representative of Gwinnett County; chief of police and others; pardoned October 23, 1935. Not recommended by the Prison Commission.
J. N. HOLLAND: April term, 1928; Superior Court of
Colquitt County; murder; sentenced to life; was granted a

THURSDAY, JANUARY 14, .1937.

381

parole January 9, 1933, and has complied with the terms of parole; pardoned October 23, 1935.
J. MELTON CREWS: March term, 1931; Superior
Court of Charlton County; voluntary manslaughter; 15 to 20 years; was granted parole October 24, 1933, and has complied with terms of parole; pardon granted October 10, 1935.
MRS. MAE MILES: March term, 1935; Superior Court of Fulton County; fornication and adultery; 12 months; good prison record; no previous record; recommended by Mrs. Howard McCutcheon, who was in charge of her while in jail; pardoned Augus~ 29, 1935. Not recommended by the Prison Commission.
FORD HAMBY AND FRANK MILFORD: March term, 1935; Superior Court of Forsyth County; burglary; 1 to five years; good previous records; their companion has already been released, recommended by prosecutor, judge, sheriff and others; pardoned October 4, 1935. Not recommended by the Prison Commission.
SHUG GODWIN: May term, 1933; Superior Court of Haralson County; rape; 2 to 5 years; good prison record; recommended by prosecutrix and 10 of the trial jurors; pardoned October 7, 1935. Not recommended by the Prison Commission.
EDWARD DE GROOTE: September term, 1935; Criminal Court of Fulton County; bastardy; 12 months or $3.50 weekly; evidence before commission indicate he is not guilty; pardoned October 30, 1935.
JOEL CULPEPPER: February term, 1935; Superior Court of Muscogee County; involuntary-manslaughter; 1,% to 3 years; good prison record, recommended by County Commissioner, Clerk of Court, warden and others; pardoned November 4, 1935. Not recommended by the Prison Commission.

382

JouRNAL OF THE SENATE,

SIMON MINOR~ August term, 1918 and March term, 1919; Superior Court of Richmond County; larceny from house, escape and escape; 8 and 4 and 8 months and 1,%' to 3 years; during escape he lived a law-abiding life; this is shown by employers, pastor of church and others; recommended by the solicitor-general and others; pardoned November 2, 1935. Not recommended by the Prison Commission.
H. S. HILL: December term, 1934; City Court of Fulton County; misdemeanor; cheating and swindling; 12 months; served most of his time; recommended by pastor ot Trinity Methodist Church; pardoned October 17, 1935. Not recommended by the Prison Commission.
WILLIAM DENNIS: April term, 1922; Superior Court of Jones County; assault to murder; 10 and 20 years; served 13 years with good record; recommended by warden and solicitor-general; pardoned November 12, 1935. Not recommended by the Prison Commission.
THERON CRANSTON: January and March terms, 1934 and December term, 1933; Superior Courts of Fulton and DeKalb Counties; robbery and robbery; 3 to 5 years, 3 to 5 years and 3 to 5 years; good prison record; youth; recommended by Mr. Reynolds, Standard Fruit and Steamship Company, who is giving him job; pardoned November 14, 1935. Not recommended by the Prison Commission.
L. C. NIXON: March and June terms, 1934, DeKalb County; March 1934, Fulton County; Superior Court; simple larceny and burglary; 12 months and 2 to 3 years; good record; youth; recommended by probation officer of Fulton County; pardoned November 14, 1935. Not recommended by the Prison Commission.
WILLIE BENSON, ALIAS BILL: May term, 1931; Superior Court of Fulton County; murder; life; poor physical condition; recommended by trial judge, warden and guards; pardoned November 13, 1935. Not recommended by the Prison Commission.

THURSDAY, JANUARY 14, 1937.

383

ROY WRIGHT: October term, 1930; Superior Court of Fulton County; murder and sentenced to life; killing appears to he accidental from evidence; youth; has served 5 years with good record; recommended by warden and guards; pardoned November 13, 1935. Not recommended by the Prison Commission.
G. C. HOLLAND: August term, 1927; Superior Court of Bleckley County; murder; sentenced to life; was granted a parole October 22, 1932, and has complied with terms of parole; pardon granted Novemhet 13, 1935.
HOMER POWERS: October term," 1934; Superior Court of Fulton County; burglary; 3 to 5 years; good prison record; has job to go to; pardoned November 21, 1935. Not recommended by the Prison Commission.
EMMETT GRANT: June term, 1935; City Court of Swainsboro; abandonment; $100.00 and 12 months; good prison record; has job; recommended by the guards and warden and others; pardoned November 23, 1935. Not recommended by the Prison Commission.
V. E. CALHOUN: May term, 1932; Superior Court of Randolph County; embezzlement; 1 to 2 years; has completed one sentence and maximum sentence of 2 years; pardon granted November 18, 1935. Not recommended by the Prison Commission.
J. MONROE GREEN: December term, 1934; Criminal Court of Fulton County; cheating and swindling; 12 months and $75.00 fine, which was probated without payment of fine by judge on November 5, 1935; recommended by prosecutor, solicitor and others; pardoned November 20, 1935. Not recommended by the Prison Commission.
WILL DAVIS: Fall term, 1919 of the Superior Court of Gwinnett County; manslaughter; 15 to 20 years; was granted parole February 18, 1931 and has complied with terms of parole; pardoned November 27, 1935.

384

JouRNAL OF THE SENATE,

JIM AYERS: August term, 1932; Superior Court of Habersham County; rape; 5 to 15 years; was granted a parole October 10, 1934 and has complied with terms of parole; pardoned November 27, 1935.
J. R. GATTIS: January term, 1932; Superior Court of
Fulton County; murder; sentenced to life; good prison record; recommended by Superintendent of State Farm, warden and guards; from evidence it appears that killing was an accident; pardoned December 5, 1935. Not recommended by the Prison Commission.
A. B. COOPER: May term, 1931; Superior Court of Walker County; manslaughter; 1 to 3 years; was paroled 14th day of May 1932, and has complied with terms of parole; pardoned December 9, 1935.
H. W. ANDREWS: May term, 1933; Superior Court of Bacon County; voluntary manslaughter; 3 to 5 years; was paroled December 20, 1934, and has complied with the terms of parole; pardoned December 9, 1935. Not recommended by Prison Commission.
FRED KENNEBREW: December term, 1934; Superior Court of Fulton County; misdemeanor; 12 and 12 months; good previous record; recommended by a number of responsible citizens; pardoned December 12, 1935. Not recommended by the Prison Commission.
H. D. PATRICK: July term, 1934; Superior Court of Fulton County; robbery; 2 to 5 and 2 to 5 years; good previous record; good prison record; recommended by former employer and others; pardoned December 12, 1935. Not recommended by the Prison Commission.
CARY McCLURE: October term, 1934; Superior Court of White County; misdemeanor; 12 months; served about eight months with good record; recommended by judge, sheriffand others; pardoned December 16, 1935.

THURSDAY, JANUARY 14, 1937.

385

WALLACE MOREE: Spring term, 1931; Superior Court of Worth County; simple larceny; 2 to 3 years; good prison record; good previous record; has served more than half of minimum sentence; pardoned December 16, 1935.
E. P. MOON: December term, 1934; Superior Court of Gwinnett County; misdemeanor; 12 months; served most of sentence; recommended by a number of responsible citizens; pardoned December 23, 1935. Not recommended by the Prison Commission.
VERNON R. FRANK: July term, 1934; Superior Court of Fulton County; misdemeanor; 6 months in jail; 12 months on chain-gang and $100.00 fine; has paid fine of $100.00 in accordance with sentence of court; pardoned December 21, 1935. Not recommended by the Prison Commission.
WILL WESTMORELAND (White): January term, 1934; Superior Court of Haralson County; murder; sentenced life imprisonment; good prison record; recommended by the trial jurors, chairman and other members of the Board of Commissioners of Polk County and others; pardoned December 27, 1935. Not recommended by the Prison Commission.
ARTHUR HUMPHRIES: July term, 1932; Superior Court of Cobb County; murder; sentenced to life; good record; recommended by the trial jurors, solicitor-general; trial judge neither recommends nor opposes, by warden and others; pardoned December 28, 1935. Not recommended by the Prison Commission.
JIM JORDAN: May term, 1934; Superior Court of Fulton County; burglary; 1 to 5 years; served minimum sentence of one year; good prison record; doubt of guilt; recommended by trial judge; pardoned June 18, 1935. Not recommended by the Prison Commission.
DREW SPIRES: February term, 1930; Superior Court of Telfair County; murder and sentenced to life; good prison

386

JouRNAL OF THE SENATE,

record; recommended by County Commissioners, warden, county physician and others; conditional pardon granted J~n~ 18, 1935. Not recommended by the Prison Commtsston.

PARDONS-1936. *Through January 12, 1937.
Recommended by Prison Commission unless otherwise stated.
W. C. HOWELL: January term, 1933; Superior Court of Laurens County; murder; life; good prison record; recommended by trial jurors, prosecutor; solicitor, sheriff, ordinary, and large number of citizens of county; pardoned January 14, 1936.
CREIGHTON ANDERSON: September special term, 1933; Superior Court of Lumpkin County; voluntary manslaughter; 18 to 20 years; recommended by 11 of trial jurors, sheriff, clerk of court, warden and other officials; good prison record with exception of 2 escapes; granted conditional pardon January 24, 1936. Not recommended by Prison Commission.
PEARL VINSON: October term, 1926; Superior Court of Fulton County; murder; life; good prison record; pardoned January 24, 1936. Not recommended by Prison Commission.
FRANK THORNTON: June term, 1931; Superior Court of Richmond County; murder; life; recommended by solicitor, warden and guards; good prison record; pardoned January 22, 1936. Not recommended by Prison Commission.
L. B. CULPEPPER: April term, 1934; Superior Court of Fulton County; robbery; 8 to 12 years in 2 cases; recommended by county physician, warden of Hart County; member of Board of Commissioners, solicitor, clerk of superior court, and other officers of county; granted condi-

THURSDAY, JANUARY 14, 1937.

387

tiona! pardon January 23, 1936. Not recommended by Prison Commission.
H. (HARRY) ODOM: October term, 1932; Superior Court of Marion County; robbery and larceny of auto; 10 to 15 years; and 1 to 5 years; concurrent; good prison record with exception of one escape; recommended by warden and guards; granted conditional pardon January 23, 1936. Not recommended by Prison Commission.
LEE WALLACE: March term, 1934; Superior Court of Douglas County; roe rape; 5 to 10 years; applicant granted parole on May 25, 1935, and has carried out prOvisions of parole; pardoned January 22, 1936.
SWEAT DAVIS: November term, 1932; Superior Court of Wayne County; murder; life; good prison record; recommended by sheriff, ordinary, tax commissioner, deputy sheriff, judge City Court of Jesup, Clerk Wayne Superior Court, chairman county commissioners, warden, trial jurors, and large number of citizens of Wayne County; pardoned January 22, 1936.
C. 0. WADE: March term, 1934; Superior Court of Fulton County; assault to murder; 2 years; recommended by warden, solicitor and others; pardoned January 23, 1936. Not recommended by Prison Commission.
NEAL CAMPBELL: July term, 1935; Superior Court of Hall County; burglary; 1 year; good prison record; recommended by trial judge; pardoned January 23, 1936.
JOE BROWN MOSELEY: March term, 1935; Superior Court of Putnam County; assault to murder; 2 years; good prison record; recommended by prosecutor, trial jurors, solicitor, judge, sheriff, ordinary, and others; pardoned January 23, 1936.
JAMES MORGAN: May term, 1935; Superior Court of Fulton County; possessing burglary tools; 3 to 5 years; recommended by nine trial jurors, also Lt. McCrary, officer

388

JouRNAL oF THE SENATE,

who made the case; granted conditional pardon January 31, 1936. Not recommended by Prison Commission.
JACK LEACH: August term, 1928; Superior Court Douglas County; seduction; 3 to 4 years; applicant granted parole March 2, 1931, and has carried out conditions of same; pardoned January 28, 1936.
ALBERT FOUTS, EMMETT FOUTS AND J. C. FOUTS: September term, 1931; Superior Court of Newton County; rape; 10 to 20 years; 6 to 15 years; and 2 to 12 years; respectively; applicants granted parole May 7, 1935, and have carried out conditions of same; pardoned January 28, 1936.
E. LeROY JOHNSTON: February term, 1932; Superior Court of Bibb County; embezzlement; 12 months; good prison record; recommended by number of citizens who have known prisoner; ~ardoned February 6, 1936. Not recommended by Prison Commission.
GEORGE HILL: January term, 1933; Superior Court of Clarke County; assault to murder; 2 to 3 years; applicant granted parole November 14, 1934, and has carried out conditions of same; pardoned February 10, 1936.
MAJOR CARTER: November term, 1922; Superior Court of Wayne County; murder; life; applicant paroled January 5, 1933, and has complied with conditions of same; pardoned February 13, 1936.
GORDON RAGSDALE: August adjourned term, 1921; Superior Court of Cherokee County; murder; life; recommended by all trial jurors, also solicitor; good prison record; pardoned February 13, 1936. Not recommended by Prison Commission.
H. A. FREEMAN: February term, 1924; Superior Court of Meriwether County; burglary; 1 to 3 years; applicant paroled February 28, 1935; violated conditions of same and returned to gang October 24, 1935; discharged

THURSDAY, jANUARY 14, 1937.

389

October 28, 1936; good prison record; pardoned February 10, 1936. Not recommended by Prison Commission.
HOMER ABERCROMBIE: September term, 1935; Superior Court of Coweta County; voluntary-manslaughter; 1 to 2 years; recommended by trial judge, trial jurors, county officials, and large number of other responsible citizens of Coweta, Douglas and Carroll Counties; pardoned February 14, 1936.
WINFRED TURMAN: March adjourned term, 1933; Superior Court of Franklin County; voluntary-manslaughter; 3 years; applicant granted parole October 13, 1934, and has complied with conditions of same; pardoned February 17, 1936.
HENRY BLOUNT: March term, 1924; Superior Court of Berrien County; murder; life; applicant granted parole August 26, 1932, and has complied with conditions of same; pardoned February 18, 1936.
JONT DeLOACH: October term, 1929; Superior Court of Tattnall County; cattle stealing; 2 to 3 years; applicant paroled February 10, 1932, and has complied with conditions of same; pardoned February 19, 1936. Not recommended by Prison Commission.
ELIAS STANFIELD: October term, 1929; Superior Court of Tattnall County; larceny of cow; 2 to 3 years; applicant granted parole February 10, 1932, and has complied with conditions of same; pardoned February 19, 1936. Not recommended by Prison Commission.
HERBERT AND ELMER BONE: November term, 1932; Superior Court of Paulding County; burglary; Herbert sentenced to 2 to 3 years; and Elmer, 1 to 2 years; Elmer Bone; automatically paroled aft~r serving his sentence, and Herbert Bone paroled November 8, 1933, and records show they have complied with conditions of same; pardoned February 28, 1936. Not recommended by Prison Commission.

390

JOURNAL OF THE SENATE,

HARRY E. WEAVER: July term, 1935; Superior Court of Fulton County; assault and battery; 12 months; good prison record; recommended by those under whom he served; pardoned February 26, 1936. Not recommended by Prison Commission.
TOMMIE THOMAS: November term, 1933; Superior Court of Fulton County; robbery; 11 to 14 years; good prison record; recommended by guard, warden, and number of citizens who know him and his family; pardoned February 26, 1936. Not recommended by Prison Commtsswn.
WILLIE JACKSON: January term, 1934; Superior Court of Floyd County; burglary; 2 to 4 years; good prison record, good previous record; has job to go to; pardoned February 26, 1936. Not recommended by Prison Commtsswn.

L. C. HUGHES: November term, 1934; Superior Court of Bibb County; involuntary manslaughter; 2 to 3 years; good prison record with exception of one escape; recommended by number of citizens in his community; pardoned February 26, 1936. Not recommended by Prison Commission.

CHARLIE AND JESSE GOODWIN: September term, 1930; Superior Court of Richmond County; murder; life; good prison record with exception of two escapes; recommended by Chief of Fire Department of August, officials of City of Augusta, chief of police, 'and number of responsible citizens; granted conditional pardon March 4, 1936. Not recommended by Prison Commission.

ALVIN GARNER: August term, 1932; Superior Court of Meriwether County; burglary; 1 year; applicant was discharged August 17, 1933; and records show he has been obeying laws of the State since that time; pardoned March 4, 1936.

THURSDAY, JANUARY 14, 1937.

391

HENRY TIDWELL: August term, 1932; Superior Court of Meriwether County; burglary; 1 year; applicant was discharged August 17, 1933, and has been obeying laws of the State; pardoned March 4, 1936.
SID MULLINS: January term, 1932; Superior Court of Floyd County; larceny of auto; 3 to 5 years; granted conditional pardon March 4, 1936, on recommendation of citizens of community. where he lives. Not recommended by Prison Commission.

ADEL JACKSON: February term, 1934; Superior Court of Fulton County; assault to murder; 12 months and 3 to 7 years, concurrent; good prison record; applicant has only one leg, and family to support; pardoned March 5, 1936. Not recommended by Prison Commission.

D. D. O'CALLAHAN: January term, 1936; Superior Court of Clarke County; involuntary manslaughter; 1 to 2 years; good previous record; recommended by trial jurors and large number of responsible character witnesses including judge and solicitor of Oconee Judicial Circuit; pardoned March 5, 1936.

LESTER B. LITTLE: October term, 1927; Superior Court of Morgan County; murder; life; applicant granted parole May 20, 1933, and has complied with same; pardoned March 6, 1936.

JIMPS SIKES: October term, 1929; Superior Court of Tattnall County; cattle stealing; 2 to 3, and 2 to 3 years; applicant granted commutation July 10, 1933, and has been law abiding citizen since that time; pardoned March 6, 1936. Not recommended by Prison Commission.
A. B. (BERNARD) GORDY: October adjourned term, 1929; Superior Court of Taylor County; murder; life; granted parole October 24, 1934, and records show he has complied with same; pardoned March 9, 1936.

392

JouRNAL OF THE SENATE,

JOE PRICE: March term, 1928; Superior Court of Gwinnett County; Murder; life; recommended by 7 of trial jurors, ordinary, sheriff, chairman of county commissioners, together with large number of citizens of Gwinnett County; pardoned March 11, 1936. Not recommended by Prison Commission.
JIM SOUTHALL: May term, 1933; Superior Court of Lowndes County; manslaughter; 10 to 20 years; granted parole February 13, 1935, and has complied with conditions of same; pardoned March 11, 1936.
THEODORE LAND: January term, 1935; Superior Court of Whitfield County; manslaughter and misdemeanor; 1 to 2 years, and 12 months; recommended by solicitor, sheriff, 8 of trial jurors, and other citizens familiar with case: pardoned March 11, 1936. Not recommended by Prison Commission.
ALEX SIMPSON: March term, 1934; Superior Court of Gwinnett County; attempt to rape; 4 to 5 years; recommended by number of jurors, mother of victim, sheriff, and other county officials and citizens; pardoned March 12, 1936. Not recommended by Prison Commission.
E. D. McPHERSON: February term, 1935; Superior Court of Pickens County; burglary; 1 to 2 years; good prison record; recommended by trial judge, solicitor, prosecutor, county officials, warden, and others; pardoned March 12, 1936.
JOE H. ALLEN: November term, 1934; Superior Court of Fulton County; larceny of auto; 1 to 2 years; good prison record with exception of one escape; recommended by warden; pardoned March 12, 1936. Not recommended by Prison Commission.
HUBERT CALLAHAN: March term, 1929, April term, 1930; Superior Court of Gordon and Pickens Counties; burglary and highway robbery; 2 years and 4 years; recommended by judge, solicitor, sheriff; and practically

THURSDAY, jANUARY 14, 1937.

393

every other officer of county, together ~ith number of citizens; pardoned March 12, 1936. Not recommended by Prison Commission.
MORGAN TARVER: Spring term, 1932; Superior Court of Effingham County; burglary; 3 to 7 years; applicant granted parole October 9, 1934, and has complied with conditions of same; pardoned March 18, 1936.
J. 0. ETHERIDGE: February term, 1936; Superior Court of Bibb County; larceny of auto; 12 months; recommended by judge and solicitor; pardoned March 19, 1936.
CHARLIE BROWN: March term, 1934; Superior Court of Johnson County; manslaughter; 10 to 20 years; good prison record; recommended by trial judge, solicitor; pardoned March 21, 1936.
JOE SALADINO: January term, 1935; Superior Court of Fulton County; misdemeanor; 12 and 12 and 12 months; good prison record; recommended by warden and physician; pardoned March 25, 1936. Not recommended by Prison Commission.
DOCK JONES: December term, 1933; Superior Court of Calhoun County; murder; life; recommended by 17 of grand jurors, county warden, ordinary, sheriff~ and number of other parties; pardoned March 26, 1936. Not recommended by Prison Commission.
RILEY HIGGS: September term, 1935; Superior Court of Coffee County; sodomy; life; good prison record; recommended by trial judge; pardoned April 1, 1936. Not recommended by Prison Commission.
J. D. NEW: October adjourned term, 1933; Superior Court of Coffee County; simple larceny; 4 to 5 years; granted parole July 10, 1935; recommended by trial jurors, county commissioners, county officials, warden and guards; pardoned April 4, 1936. Not recommended by Prison Commission.

394

JOURNAL OF THE SENATE,

LEROE SUTLIFF: February term, 1933; Superior Court of Bibb County; burglary; 2 to 5 years; applicant paroled December 7, 1934; has followed conditions of same; pardoned April 6, 1936.

SILAS BOATRIGHT: October term, 1935; Superior Court of Appling County; assault to murder; 2 to 3 years; good prison record; recommended by solicitor and prosecutor; pardoned April 6, 1936.

W. H. FAULK: May term, 1930; Superior Court of Effingham County; manslaughter; 1 to 3 years; applicant granted parole May 15, 1931 and has complied with conditions of same; pardoned April 6, 1936.

TEMPLE JOHNSON: April term, 1931; Superior Court of Murray County; burglary; 12 months; applicant served sentence, and desires pardon to restore his citizenship; pardoned April 7, 1936. Not recommended by Prison Commission.

W. A. (BUD) CANNON: July term, 1934; Superior Court of Harris County; murder; life; recommended by trial jurors, and large number of citizens of county; granted conditional pardon April 8, 1936. Not recommended by Prison Commission.

D. E. LEE: August term, 1934; Superior Court of

Dawson County; robbery; 2 to 5 and 2 to 5 and 2 to 5 and

2 to 5, concurrent; applicant granted conditional pardon

April 25, 1935, and has complied with conditions of same;

pardoned April 29, 1936. Not recommended by Prison

Commission.

-

CARL WEEKS: November term, 1934; Superior Court of Fulton County; misdemeanor and larceny of auto; 12
months and 1 to 5 years; recommended by sheriff, deputies, and other reliable citizens familiar with applicant's record since his release; pardoned April 21, 1936. Not recommended by Prison Commission.

THURSDAY, jANUARY 14, 1937.

395

WILLIE WHALEY: October term, 1932; Superior Court of Whitfield County; murder; life; good prison record; recommended by solicitor, trial judge, trial jurors, sheriff, and number of other responsible parties; pardoned April 22, 1936.
OWEN AND LEONARD JACKSON: October term, 1934; Superior Court of Crawford County; larceny; 2 to 3 years; good prison records; recommended by sheriff, clerk of court, and ordinary; pardoned April 22, 1936.
CLIFFORD ALIAS CLYDE GARRETT: August 27, September 30, November 1931, term of Superior Court of Fulton, Bibb and Dodge Counties; larceny of auto; burglary; 2 to 5 years; 5 years; 10 years; applicant granted parole October 26, 1933, and has carried out requirements of same; pardoned April29, 1936.
J. D. ECKERT: May term, 1935; Superior Court of Richmond County; arson; 3 to 8 years; recommended by warden and guards, who state he has made an excellent prisoner; pardoned April 22, 1936. Not recommended by Prison Commission.
J. D. BUCKNER: March term, 1933; Superior Court of Fulton County; burglary; 3 to 5 and 3 to 5 years; good prison record; recommended by pastor and others who have known him for some time; pardoned April 23, 1936. Not recommended by Prison Commission.
L. T. AULTRY, ALIAS AUTRY: September term, 1934; Superior Court of Fulton County; larceny of auto; 1 to 3 years; pardoned April 24, 1936 in view of time served and dependent family. Not recommended by Prison Commission.
S. F. BIVINS: May term, 1932; Superior Court of Dooly County; embezzlement; 8 to 10 years; good previous record; parqoned April 30, 1936. Not recommended by Prison Commission.

396

JOURNAL OF THE SENATE,

COLLIS PATIERSON: March term, 1929; Superior Court of Madison County; murder; life; applicant paroled July 10, 1935, and has made good record while on parole; pardoned May 2, 1936. Not recommended by Prison Commission.
F. L. DOCHE: February term, 1933; Superior Court of Richmond County; manslaughter; 5 to 10 years; applicant paroled January 26, 1935, and has followed conditions of same; pardoned May 6, 1936. Not recommended by Prison Commission.
L. H. MASSEY, Jr.: May term, 1935; Superior Court of Muscogee County; embezzlement; 6 months; applicant completed sentence and desired pardon to restore citizenship; pardoned May 8, 1936.
PERCY HAMPTON, ALIAS HAMILTON: February term, 1935; Superior Court of Gordon County; burglary; 8 to 10 years; applicant practically helpless and blind; good prison record; pardoned May 13, 1936. Not recommended by Prison Commission.
ARTHUR ATKINSON: January term, 1932; Superior Court of Fulton County; voluntary manslaughter; 15 to 20 years; applicant granted conditional pardon May 23, 1935, and has conducted himself properly since that time; pardoned May 13, 1936. Not recommended by Prison Commission.
GRADY CARSON: September term, 1935; Superior Court of Fulton County; assault to murder; 2 to 5 years; 12 months and 3 months; concurrent; recommended by warden and number of citizens who have known him, also several members of trial jury; pardoned May 14, 1936. Not recommended by Prison Commission.
MONK HODGES: April term, 1934; Superior Court of Tayior County; murder; life imprisonment; recommended by clerk of Superior Court. ordinary, sheriff, and

THURSDAY, jANUARY 14, 1937.

397

other responsible and prominent citizens of county; granted conditional pardon May 26, 1936. Not recommended by Prison Commission.
BERRY JACKSON: August term, 1921; Superior Court of Jackson County; murder; life; applicant paroled October 6, 1932, and has complied with conditions of same; pardoned June 1, 1936.
FRANK DAVENPORT: October term, 1931; Superior Court of Gilmer County; burglary; 1 to 2 years; applicant granted commutation March 11, 1932, and has complied with conditions of parole; pardoned Jun"t 1, 1936.
ARNOLD WHITE: June term, 1932; Superior Court of Spalding County; burglary; 3 years and 1 year; applicant paroled June 9, 1934 and has complied with conditions of same; pardoned June 1, 1936.
KELLY COLLINS: November term, 1920; Superior Court of Tattnall County; murder; life; applicant granted parole November 5, 1931, and has complied with conditions of same; pardoned June 1, 1936.
H. G. JOHNS: May term, 1934; Superior Court of Fulton County; robbery; 18 to 20, and 18 to 20 years; recommended by warden; prisoner will leave Georgia, railroad fare having been furnished to carry him to Texas; conditional pardon granted June 5, 1936. Not recommended by Prison Commission.
BEN JONES: April term, 1929; Superior Court of Muscogee County; voluntary manslaughter; 10 to 15 years; excellent prison record; recommended by former chief of police of Columbus, by those under whom he served, and others; pardoned June 10, 1936. Not recommended by Prison Commission.
ROSBY SPALDING: August term, 1930; Superior Court of Montgomery County; murder; life; good prison record; recommended by sheriff, clerk of Superior Court,

398

JOURNAL OF THE SENATE,

ordinary, and number of other responsible parties; pardoned (conditional) June 4, 1936. Not recommended by Prison Commission.
JONES ROBERT LEARD: March term, 1934; Superior Court of Fulton County; robbery; 2 to 3 years; in 5 cases, and 12 months; concurrent; good prison record; recommended by Solicitor of Hart County and number of other substantial citizens of that comm_unity; granted conditional pardon June 10, 1936. Not recommended by Prison Commission.
FORTUNATIO ANNUNCIATO: May term, 1932; Superior Court of Fulton County; rape; 10 to 15 years; recommended by trial judge; granted conditional pardon June 10, 1936. Not recommended by Prison Commis-
SIOn.
PAUL NESBIT: November term, 1934; Superior Court of Fulton County; car hreaking; 1 to 3 years; good prison record; pardoned June 11, 1936. Not recommended by Prison Commission.
MARK HARRIS: June term, 1935; Superior Court of DeKalb County; larceny of auto; 1 year; good prison record; pardoned June 12, 1936 to restore citizenship. Nat recommended by Prison Commission.
JESS HOLLAND: April term, 1928; Superior Court of Webster County; murder; life; recommended by trial jurors, ordinary, county commissioner, and number of other responsible citizens; good prison record; pardoned (conditional) June 12, 1936. Not recommended by Prison Commission.

BOYD SUBER: Spring term, 1928; Superior Court
of Colquitt County; larceny; 3 and 3 years; applicant's sentence commuted to present service October 2, 1930; good prison record; pardoned June 12, 1936.

THURSDAY, JANUARY 14, 1937.

399

R. S. SHI~LEY: August term, 1935; Superior Court of Muscogee County; extortion; 12 months; applicant probated November 13, 1935, and has complied with contions of same; pardoned June 24, 1936.
WILLIAM BEACHAM: August term, 1928; Superior Court of Polk County; murder; lif-e; good prison record; recommended in order that he may receive hospitalization; granted conditional pardon July 23, 1936.
CLEMMIE DARDEN: October term, 1935; Superior Court of Henry County; misdemeanor; 12 months; good prison record; recommended by sheriff; pardoned July 24, 1936. Not recommended by Prison Commission.
SHERMAN McARTHUR: December term, 1934; Superior Court of Fulton County; highway robbery; 10 to 12 years; recommended by county officers, including ordinary, sheriff, county school superintendent, county commissioner, and number of citizens; pardoned July 27, 1936. Not recommended by prison Commission.
WAYNE LONG: September term, 1935; Superior Court of Fulton County; larceny of auto; 1 to 2 years; recommended by number of citizens of Fannin County, county commissioners, representatives, justices of peace, and others; pardoned July 28, 1936. Not recommended by Prison Commission.

NOLEN BENNETT: August term, 1935; Superior Court of Rabun County; burglary; 1 to 2 years; recommended by clerk of Superior Court and county school Superintendent of Gilmer County, together with responsible people of Ellijay; pardoned July 31, 1936. Not recommended by Prison Commission.

DUDLEY TAUNTON: April term, 1932; Superior Court of Taylor County; burglary; 3 months; good prison record; recommended by trial judge; pardoned September 1, 1936. Not recommended by Prison Commission.

400

JOURNAL OF THE SENATE,

ELLIS JONES: November term, 1930; Superior Court of Fulton County; voluntary, manslaughter; 19 to 20 years; served more than maximum sentence; pardoned
Se.p.t.ember 16, 1936. Not recommended by Prison Com-
mlSSlOn.
L. J. BENNETT: August term, 1934; Criminal Court of Fulton County; abandonment; $25.00 per month, or 12 months; recommended by large number of citizens in community; pardoned August 6, 1936.
ROY WHITFIELD: March term, 1934; Superior Court of Fulton County; manslaughter; 10 to 15 years; good prison record; recommended by trial jurors, two deputy sheriffs, and number of other citizens of Fulton County; pardoned September 17, 1936. Not recommended by Prison Commission.
LOUISE SMITH: November 1933; Superior Court of Fulton County; manslaughter; 5 years; good prison record; pardoned September 17, 1936. Not recommended by Prison Commission.
WILLIAM LEE HARVEY: October term, 1935; Superior Court of Fulton County; shooting at another; 1 year; good prison record; pardoned September 17, 1936. Not recommended by Prison Commission.
LEHMAN PARKS: February term, 1928; Superior Courts of Fulton, Dawson and DeKalb Counties; aiding escape, arson, escape; 1 to 4, 2 to 5, 5, 4 years; recommended by trial judge and warden; pardoned September 17, 1936. Not recommended by Prison Commission.
ALLEN DAVIS: January term, 1934; Superior Court of Floyd County; murder; life; recommended by court reporter, trial jurors, warden, county officers, and solicitor; pardoned (conditional) September 18, 1936. Not recommended by Prison Commission.
FRED H. BROOKS: April term, 1932; Superior Court of Randolph County; embezzlement; 1 to 3 years; appli-

THURSDAY, JANUARY 14, 1937.

401

cant granted conditional pardon September 7, 1935, and has made good record; pardoned September 21, 1936. Not recommended by Prison Commission~
RAY DRY, ALIAS RICHARDS: November term, 1934; Superior Court of Wilkes County; burglary; 5 to 10 years; good prison record; recommended by number of people who knew him in North Carolina; granted conditional pardon September 23, 1936. Not recommended by Prison Commission.
WILL SCOTT: May term, 1929; Superior Court of Fulton County; rape; 20 years; good prison record; recommended by 7 of trial jurors, warden, and trial judge; pardoned September 24, 1936. Not recommended by Prison Commission.
LEON COURSON: September term, 1936; Superior Court of Berrien County; public drunkenness: 12 months; sentence suspended upon payment of $25.00 fine; fine paid, and pardon granted October 16, 1936, to relieve him of suspended sentence. Not recommended by Prison Commission.
J. B. PARRISH: July term, 1934; Superior Court of Haralson County; larceny of mule; 3 to 6 years; good prison record; recommended by solicitor, together with other county officers and citizens of county; pardoned October 8, 1936. Not recommended by Prison Commission.
EZRA BROWN: January term, 1916; Superior Court of Fulton County; burglary; 12 years; applicant granted conditional pardon July 11, 1935, and has complied with conditions of same; pardoned October 15, 1936. Not recommended by Prison commission.
THOMAS JUNIOR ROBINSON: January term, 1935; Superior Court of Fulton County; robbery; 3 to 5 years; applicant probated January 14, 1935, and has complied with conditions of same; pardoned October 15, 1936. Not recommended by Prison Commission.

402

JOURNAL OF THE SENATE,

F. L. HICKS: November term, 1927; Superior Court of Gordon County; felony; $500.00 fine; applicant has paid fine; clemency recommended by judge, solicitor and all of officers in Gordon County in order to restore citizenship; pardoned October 16, 1936. Not recommended by Prison Commission.
L. Q. ZACHARY: November term, 1931; Superior Court of Fulton County; manslaughter; 20 years; good prison record; recommended by warden and great many other people familiar with case; pardoned October 16, 1936. Not recommended by Prison Commission.
FRANK BRAZIEL: November term, 1934; Superior Court of Fulton County; arson; 2 years; good prison record; recommended by trial judge and others familiar with case; pardoned October 14, 1936. Not recommended by Prison Commission.
SAM E. HARRIS: September term, 1929; Superior Court of Fulton County; rape; 10 to 20 years; recommended by trial judge, warden, guards, 7 ot trial jurors, attending physicians of victim at time of alleged crime; pardoned October 16, 1936. Not recommended by Prison CommissiOn.
J. E. SISTRUNK: May term, 1916; Superior Court of Fulton County; perjury; 4 years; good prison record; recommended by number of citizens; pardoned October 20, 1936. N~t recommended by Prison Commission.
WILLIAM POWELL: July term, 1930; Superior Court of Fulton County; highway robbery; 10 to 15 years; good prison record; recommended by county commissioners, sheriff, deputy sheriff, warden, and also Mr. C. C. McKnight, of Senoia; pardoned October 23, 1936. Not recommended by Prison Commission.
RAYMOND SISSON: May term, 1926; Superior Court of Fulton County; murder; life imprisonment; good prison record with exception of 2 escapes; recommended by Super-

THURSDAY, jANUARY 14, 1937.

403

intendent of State Farm and others under whom applicant has served; pardoned October 27, 1936. Not recommended by Prison Commission.
J. L. HAMILTON: March term, 1930; Superior Court of Fulton County; rape; 18 to 20 years; recommended by Chief T. 0. Sturdivant, by arresting officer, lieutenant on police force, who have doubts as to applicant's guilt; also recommended by trial jurors, and hundreds of citizens familiar with case; pardoned October 28, 1936. Not recommended by Prison Commission.
GARRETT JOHNSON: March term, 1936; Superior Court of Talbot County; burglary; 1 to 3 years; recommended by representative of county together with other responsible citizens who doubt guilt of prisoner; good prison record and previous record; pardoned October 28, 1936. Not recommended by Prison Commission.
B. J. BAGLEY, Jr.: August term, 1936; Superior Court of Forsyth County; misdemeanor; 12 months; applicant served under probation and has complied with conditions of same; pardoned October 29, 1936. Not recommended by Prison Commission.
ERNEST MOON: November term, 1931; Superior Court of Fulton County; robbery; shooting at another; 14 to 20 years, 2 to 4 years to follow; companion in this case was released on parole November 14, 1935; pardoned October 28, 1936. Not recommended by Prison Comm1ss1on.
RICH WILLIAMS: October term, 1931; Superior Court of Toombs County; rape; 20 years; applicant granted parole June 21, 1935, and has complied with conditions of same; pardoned October 28, 1936.
JAMES LEE: June term, 1928; Superior Court of Wayne County; train wrecking and murder; life; applicant plead guilty after case was reversed by Supreme Court, but circumstances surrounding plea of guilt and facts in

404

JouRNAL oF THE SENATE,

case make it doubtful whether he is guilty; pardoned OctOber 30, 1936. Not t;ecommended by Prison Commission.
HOMER SMITH: August term, 1924; Superior Court of Clayton County; murder; life good prison record; recommended by 9 of trial jurors, solicitor, and number of other . responsible citizens; pardoned October 30, 1936. Not recommended by Prison Commission.
TOMPIE SOUTHERS: October term, 1917; Superior Court of Union County; burglary; 5 years; good prison record with exception of one escape; recommended by sheriff and other responsible citizens; pardoned October 30, 1936. Not recommended by Prison Commission.
ARTHUR PERRY, Col.: April term, 1936; City Court of Sandersville, Georgia; possessing liquor; 8 months; recommended by several responsible citizens who state applicant has always had good reputation; pardoned November 2, 1936. Not recommended by Prison Commission.
BROADUS DEATON: April term, 1933; Superior Court of Barrow County; larceny; 2;4 years; good prison record with exception of one escape; recommended by county commissioners, sheriff, tax collector, and other citizens of Gwinnett County, where he is serving sentence; also recommended by former employer U. S. Rubber Co., Detroit, Michigan, who will give him his job back; pardoned November 5, 1936. Not recommended by Prison Commission.
AILEEN SISK: November term, 1935; Superior Court of Fulton County; assault and battery; 8 months; recommended by T. 0. Sturdivant, Chief of Police of Atlanta; pardoned November 4, 1936. Not recommended by Prison Commission.
ROY SMITH: December term, 1934; Superior Court of Barrow County; murder; life; excellent prison record; recommended by tax receiver; 9 of the trial jurors; clerk of Superior Court; sheriff and other officers and many

THURSDAY, JANUARY 14, 1937.

405

prominent citizens of Barrow County; pardoned November 12, 1936. Not recommended by Prison Commission.
LUCIUS DENHAM: Fall term, 1936; Superior Court Bibb County; murder; life; good prison record for ten years; recommended by trial jurors; county officers, Brooks County; Spalding County, and several hundred citizens of Bibb County; warden and guards; pardoned November 12, 1936. Not recommended by Prison Commission.
MATH ANDERSON: March term, 1936; Superior Court of Clinch County; manslaughter; 1 to 10 years; good prison record; good previous record; recommended by trial judge; solicitor general; trial jurors; and many responsible citizens; pardoned November 13, 1936. Not recommended by Prison Commission.
S. I. SHARPE: April term, 1926; Superior Court of Pierce County; murder; life; served over 9 years with good prison record; Dr. Richard Binion, physician at the State Farm, says applicant is totally disabled; in view of his long prison record, his advanced age, bad physical condition and other facts in the case it is believed that the ends of justice have been met and he is entitled to release; pardoned November 12, 1936. Not recommended by Prison Commission.
RICHARD A. POUNDS: January term, 1934; Superior Court of Richmond County; murder; life; recommended by the trial jurors, deputy sheriff and other officers of Richmond County; previous good record and good prison record; evidence circumstantial and hardly worthy of belief; pardoned November 13, 1936. Not recommended by Prison Commission.
PAUL WHITFIELD: May term, 1936; Superior Court of Houston County; burglary; 3 years; recommended by the trial judge; solicitor; and prosecutor; pardoned November 9, 1936. Not recommended by Prison Commission.

406

JOURNAL OF THE SENATE,

J. G. PRESCOTT: April term, 1935; Superior Court of Crisp County; having and transporting liquor; 12 months on gang and 24 months' probation; good prison record; is in bad physical condition; recommended by prosecutor; pardoned November 9, 1936. Not recom. mended by Prison Commission.
J. S. WACASER: July adjourned term, 1936; Superior Court of Baker County; assault with intent to murder; pointing pistol; $150.00 or 12 months and $100.00 or 12 months; after thorough investigation of these cases I am convinced that applicant acted in self defense; pardoned November 10, 1936. Not recommended by Prison CommissiOn.
GEORGE GRAY, ALIAS J. L. SWEENEY: August term, 1935; April special term) 1935; March term, 1935; Superior Court of Jasper, DeKalb and Madison Counties; possessing burglary tools; burglary; burglary; 3 to 4 years; 5 years and 10 years; recommended by J. T. Dailey, Chief of Police of DeKalb County, whose statement is of record; also recommended by the Lt. Governor of Illinois and other responsible citizens of that State who certify his good previous record; pardoned November 12, 1936. Not recommended by Prison Commission.
OTIS WILLIAMSON: August .term, 1928; Superior Court of Meriwether County; voluntary manslaughter; 20 years; applicant granted parole July 24, 1935; and has carried out. conditions of same; pardoned November 17, 1936.
THERON SMITH: January term; 1935; Superior Court of Emanuel County; robbery; 2 to 4 years; recommended by the trial judge; warden; and others; solicitorgeneral did not oppose; pardoned November 17, 1936. Not recommended by Prison Commission.
PETER RIVERS: March term, 1932; Superior Court of Chatham County; robbery; 10 to 15 years; good prison

THURSDAY, jANUARY 14, 1937.

407

record; recommended by Judge of Superior Court of Chatham County; pardoned November 16, 1936. Not recommended by Prison Commission.
LUTHER COCHRAN: May term, 1936; Superior Court of Schley County; larceny; 12 months; served 6 months with good prison record; recommended by warden, county commissioners and others; pardoned November 20, 1936. Not recommended by Prison Commission.
J. V. HENDERSON: May term, 1932; Superior Court of Dooly County; burglary; 6 to 10 years; applicant has served more than four and one-half years with good prison record; recommended by trial judge and solicitor-general; the judge states applicant was sentenced to not less than 5 years and not more than 7 years; a mistake was made in writing up sentence, which he did not detect at the time, and with" good time" allowance applicant has served more than the trial judge intended he should; pardoned November 20, 1936.
CLYDE TEAL: September term, 1936; Superior Court of Paulding County; forgery; 12 months or $20.00 fine; convicted of forgery after issuing a check which he made good before he was prosecuted; in view of fact that restitution was made and on account time served pardoned N?v~mber 20, 1936. Not recommended by Prison Com-
mlSSlOn.
CLIFF MARTIN: March term, 1926; Superior Court of Dawson County; murder; life; recommended by trial jurors; trial judge and others; good prison record; pardoned November 23, 1936. Not recommended by Prison Commtsston.
BOB WARD: Fall term, 1932; Superior Court of Camden County; burglary 5 to 10 years; applicant was granted commutation June 17, 1935; pardon recommended by the Chairman of the Prison Commission October 15, 1936. Full pardon granted restoring citizenship Novem. her 24, 1936.

408

JOURNAL OF THE SENATE,

HENDERSON H. GAMBLE: May term, 1936; Superior Court of Fulton County; larceny auto; 1 to 2 years; applicant served term in Federal Penitentiary for transporting to another state the same car on which he was convicted in Fulton Superior Court of having stolen; -he has served a year and a day already for the same offense, which is considered sufficient punishment; pardoned November 24, 1936. Not recommended by Prison Commission.
MRS. ANNIE LAURIE MOORE: August term, 1935; Superior Court of Rabun County; bigamy; 4 to 10 years; recommended by trial judge; solicitor-general; senator and representative and ordinary from Rabun County; also .by prosecutor; pardoned N ovemher 24, 1936. Not recommended by Prison Commission.
WALTER McCARTHY, ALIAS JOSEPH ROGERS: November term, 1932; Superior Court of Camden County; robbery; 4 to 5 years; applicant granted commutation; November 7, 1933; pardon recommended by Prison Commission; pardoned November 25, 1936.
JOE GRAY: March term, 1933; Superior Court of Fulton County; burglary; 8 to 10 years; applicant has
served nearly 3H years with good prison record; he is
practically blind and helpless; pardoned November 25, 1936. Not recommended by Prison Commission.
BARTOW POSEY: January term, 1927; Superior Court of Bibb County; burglary; 20 years; applicant has served over 8 years with good prison record; is in bad physical condition; recommended by warden; pardoned November 25, 1936. Not recommended by Prison Commission.
HAROLD PICKENS AND DALLAS DAVIS: April special term, 1936; Superior Court of DeKalb County; robbery; 2 to 10 years; recommended by judge; solicitor; warden; pardoned N ovemher 25, 1936. Not recommended by Prison Commission.

THURSDAY, jANUARY 14, 1937.

409

JOE WRIGHT: July term, 1932; Superior Court of Fulton County; murder; life; evidence shows mitigating circumstances; recommended by former employers; pardoned November 25, 1936. Not recommended by Prison Commission.
CHARLIE FOUTS: September term, 1931; Superior Court of Newt~n County; rape; 8 to 20 years; applicant granted parole May 7, 1935, and has carried out conditions of same; pardoned November 25, 1936.
T. M. GODWIN: April term, 1929; Superior Court of Fulton County; abandonment; 12 months; recommended by Prison Commission; pardoned November 25, 1936.

JULIUS ROWE: July term 1927; Superior Court of Cobb County; murder; life; applicant paroled December 4, 1933; has carried out conditions of same; pardoned November 25, 1936.

SALLIE BRADFIELD: August special term, 1935; Superior Court of DeKalb County; larceny of auto; 2 years suspended; recommended by trial judge; good prison record; pardoned November 25, 1936. Not recommended by Prison Commission.

HOMER PADGETT: November term, 1930; Superior Court of Lowndes County; murder; life; recommended by clerk of court, sheriff, ordinary, tax commissioner, and other county officers; many prominent citizens; pardoned November 25, 1936. Not recommended by Prison Commission.

R. Z. CHEENEY, AND TRAVERS ERWIN: June
term, 1934; Superior Court of Brooks County; murder; life; recommended by trial jurors; 10 of the grand jurors; Judge of City Court of Valdosta; and others; Judge and Solicitor do not oppose; pardoned November 25, 1936. Not recommended by Prison Commission.

410

JouRNAL OF THE SENATE,

JOHN MARSHALL WILSON: May term, 1935; Superior Court of DeKalh County; robbery; 2 years; applicant has served practically all of his sentence; has made a confession and brought to justice his accomplices who otherwise could not have been convicted; pardoned Nov:ember 25, 1936. Not recommended by Prison Commis-
SIOn.
HUB BRYSON: March term, 1936; Superior Court of Towns County; assault to murder and misdemeanor; 2 to 4 years and 6, 6 and 6 months; recommended by 8 trial jurors; sheriff; clerk of Towns County; warden; pardoned November 25, 1936. Not recommended by Prison Commission.
W. T. GUNTER: March term, 1936; Superior Court of DeKalb County; murder; life; recommended by the trial jurors; good prison record; pardoned November 25, 1936. Not recommended by Prison Commission.
W. J. GORMAN: June term, 1932; Superior Court of Lowndes County; voluntary manslaughter; 5 to 10 years; applicant granted parole on May 9, 1934; and has carried out conditions of same; pardoned November 25, 1936.
ROBERT WILSON: February term, 1936; Superior Court of Gordon County; burglary; 1 year; recommended by judge, solicitor and prosecutor; pardoned November 30, 1936. Not recommended by Prison Commission.
R. P. BULLINGTON: November term, 1936; Superior Court of Crisp County; possessing liquor; $200.00 and 18 months on probation; applicant's car valued at $400.00 was seized and confiscated by the officers and it appears that this is sufficient punishment in this case; pardoned Novemher 30, 1936. Not recommended by Prison Commission.
WALTER CONLEY: May t,erm, 1936; Superior Court of Clayton County; manslaughter; 3 to 5 years; Prison

THURSDAY, JANUARY 14, 1937.

411

Commission recommended commutation to misdemeanor and probation; good prison record; clemency recommended by solicitor-general and trial jurors; pardoned December 10, 1936.
HOWARD RINGER: October term, 1932; Superior Court of Fayette County; murder; life; good prison record; recommended by all trial jurors; prosecutor; and others; pardoned December 10, 1936. Not recommended by Prison Commission.
FRANK DUNHAM: March term, 1928; Superior Court of Chatham County; robbery; 8 to 10 years; good prison record with exception of two escapes; recommended by warden; special prosecutor; county officers of Screven County where he has served; pardoned December 7, 1936. Not recommended by Prison Commission.
H. S. (SHUGART) SUGART: February term, 1936; Superior Court of Gordon County; illegally selling beer; $100.00 fine and 12 months; serving on probation; recommended by sheriff; clerk of Superior Court; many responsible citizens; pardoned December 10, 1936. Not recommended by Prison Commission.
EMANUEL CAMP: March term, 1936; Superior Court of Fulton County; assault to murder and misdemeanor; 3 to 5 years and 12 months; concurrent; recommended by assistant solicitor-general and by the trial judge; pardoned December 10, 1936. Not recommended by Prison Commission.
HENRY WILLIAMS: November term, 1926; Superior Court of Thomas County; burglary; 6 to 10 years; 6 to 10 years; good prison record; recommended by Superintendent and warden; pardoned December 9, 1936. Not recommended by Prison Commission.
CLARENCE CARTER: May term, 1936; Superior Court of Bacon County; simple larceny; 12 months or $200.00; recommended by all 12 trial jurors; county offi-

412

JOURNAL OF THE SENATE,

cers; and others; pardoned December 8, 1936. Not recommended by Prison Commission.

BRUMBY BREWTON: April term, 1935; Superior Court of Tattnall County; voluntary manslaughter; 6 to 10 years; applicant has served 2 years on 6 years minimum sentence with good prison record; recommended by Hon. John Beasley and other citizens of Tattnall County; who are familiar with the mitigating circumstances in this case; pardoned December 9, 1936. Not recommended by Prison Commission.
J. R. HARDY: November term, 1936; Superior Court
of Hall County; possessing liquor; $100.00 and 12 months; fine paid; applicant has been conducting himself properly since this sentence was imposed; pardoned December 1, 1936. Not recommended by Prison Commission.

EULA ELROD THOMPSON: February term, 1928; Superior Court of Murray County; murder; life; applicant convicted on circumstantial evidence alone; two justices of the Supreme Court, in a dissenting opinion, stated the evidence was not sufficient to convict; clemency recommended by the solicitor-general and by practically all county officers of Murray County; also many good citizens; served 8 years with good prison record; pardoned December 9, 1936. Not recommended by Prison Commission.

HARVEY AND WAYMAN BRADBERRY: January term, 1930; Superior Court of Oconee County; murder; life; evidence shows these two boys-one being 16 and the other 18-were acting under the influence of an older companion-Raymond Cooper, age 33 years; the Coroner, who appears as prosecutor in this case recommends clemency; both have excellent prison record; pardoned December 7, 1936. Not recommended by Prison Commission.

THURSDAY, JANUARY 14, 1937.

413

W. E. RUTHERFORD: October term, 1935; Superior Court of Floyd County; robbery; 2 years; evidence in this case shows applicant wrongly convicted and that it was a case of mistaken identity; served 5,U months in jail with good record; recommended by Mr. H. H. Keel, Commissioner of the City of Rome; pardoned December 17, 1936. Not recommended by Prison Commission.
J. L. ATKINSON: May term, 1935; Superior Court
of Fulton County; car breaking and misdemeanor; 5 cases of 1 year each, 12 months and 6 months in jail; good prison record; recommended by solicitor-general; Captain of Police of the Southern R. R.; Superintendent of State Farm where serving; not opposed by the trial judge; conditional pardon granted December 14, 1936.
LAWRENCE MORGAN: October term; 1931; Superior Court of Richmond County; robbery; 10 years; recommended by Cashier of Bank robbed; solicitor-general; conditional pardon granted December 16, 1936. Not recommended by Prison Commission.
G. D. MORGAN: November term, 1936; Superior Court of Pierce County; voluntary manslaughter; 5 to 8 years; recommended by county officials of Wayne and Pierce counties, including sheriff and other law enforcement officers; and others; pardoned December 23, 1936. Not recommended by Prison Commission.
TOM PICKENS: May term, 1933; Superior Court of Fulton County; larceny of auto; 1 to 5; 3 to 5; 3 to 5 and 1 to 5; concurrent; applicant has served over 3 years with good prison record with exception of two escapes; recommended by warden under whom he has served; pardoned December 24, 1936. Not recommended by Prison Commtsston.
NATHANIEL CLARK: September term, 1929; Superior Court of DeKalb County; murder; life; recommended by several county officers of DeKalb County; trial judge

414

JouRNAL OF THE SENATE,

and solicitor-general state they do not oppose clemency; pardoned December 23, 1936. Not recommended by Prison Commission.
JULIUS FOSTER: September term, 1933; Superior Court of Fulton County; assault to murder; 5 to 10 years; evidence shows mitigating circumstances; recommended by officers of DeKalb County; good prison record; pardoned December 23, 1936. Not recommended by Prison CommiSSion.
CLAUD ANDERSON: May term, 1936; Criminal Court of Fulton County; lottery; $100.00 or 12 months; fine paid; pardoned December 23, 1936. Not recommended by Prison Commission.

CHARLEY COX: January term, 1922; Superior Court of Bartow County; burglary; 2 to 5 years and 2 to 5 years; applicant has two two-year sentences; due to escapes has not finished serving the maximum sentence, but it is felt that after serving 14 years he ought be given a chance to prove his worth; pardoned December 23, 1936. Not recommended by Prison Commission.

VIRGIL MYERS: July term, 1935; Superior Court of Hall County; murder; life; evidence strongly shows applicant not guilty of crime and just a victim of circumstances; recommended by 8 of the trial jurors; sheriff of Hall County, who handled the case; unopposed by solicitor and trial judge; pardoned December 29, 1936. Not recommended by Prison Commission.

ALVIN RIDER: September term, 1933; Superior Court of Lumpkin County; robbery; 10 and 10 years; recommended by 9 of the trial jurors; sheriff; two deputy sheriffs; and others, including representative in the legislature; county commissioner and other officials; pardoned December 29, 1936. Not recommended by Prison CommiSSIOn.

THURSDAY, jANUARY 14, 1937.

415

0. E. 0. ETGEN, ALIAS MEYER, ALIAS WILSON: September term, 1935; Superior Court of Fulton County; felony-fictitious checks-11 cases; 2 to 3 and 2 to 3 to follow; applicant pardoned on account bad physical condition and so that he may enter the Federal Penitentiary to serve a sentence there; it is believed he can receive better treatment there than where he is now located; pardoned December 29, 1936. Not recommended by Prison Commission.
JAMES BEARDEN: April term, 1936; Criminal Court of Fulton County; misdemeanor; 12 months' suspended sentence upon payment of fine of $75.00; fine was paid a:nd records indicate applicant conducted himself properly while under probation; pardoned December 30, 1936. Not recommended by the Prison Commission.
THEO COLLINS: October term, 1934; Superior Court of Telfair County; murder; life; recommended by the SOlicitor-general and several trial jurors; mitigating circumstances; pardoned December 30, 1936. Not recommended by the Prison Commission.
ARTHUR ALEXANDER: January term, 1926; Superior Court of Spalding County; murder; life; applicant was paroled March 30, 1933 and has lived a law abiding life during parole; pardoned January 4, 1937. Not recommended by the Prison Commission.
EDWIN L. THOMAS: May term, 1929; Superior Court of Toombs County; embezzlement; 3 to 6 years; applicant was paroled September 25, 1930, and has lived law abiding life during parole; pardoned January 6, 1937. Not recommended by the Prison Commission.
ROY L. DEMPSEY: March term, 1934; Superior Court of Fulton County; larceny of auto; 3 years; applicant was paroled June 24, 1936, and served under parole with good record; pardoned January 6, 1937. Not recommended by the Prison Commission.

416

JOURNAL OF THE SENATE,

GEORGE SMITH: January term, 1928; Superior Court of Hall County; murder; life; applicant was paroled October 29, 1935; and has conducted himself in a proper manner since that time; pardoned January 6, 1937. Not recommended by the Prison Commission.
HULON EPPS: August term, 1936; Superior Court of Jasper County; manslaughter; 2 to 3 years; recommended by Clerk of Court and Chairman County Commissioner; trial jurors and others; pardoned January 6, 1937. Not recommended by the Prison Commission.
ED HODNETT: October term, 1932; Superior Court of .Fayette County; murder; life; recommended by the judge and solicitor-general and others; pardoned January 5, 1937. Not recommended by the Prison Commission.
MRS. PEGGIE LEE MONROE: January term, 1934; Superior Court of Fulton County; voluntary manslaughter; 19 to 20 years; deceased was at fault in case; there was apparently no malice between the parties; applicant's husband recommends clemency and will take her home; pardoned January 7,. 1937. Not recommended by the Prison Commission.
LEWIS HORNSBY: May term, 1933; Superior Court of Troup County; voluntary manslaughter; 12 years; Prison Commission investigated conduct of applicant during his term of parole and found that he complied with conditions of parole; pardoned January 7, 1937.
MYRICK D. WOOD: February term, 1923; Superior Court of Bibb County; murder; life; applicant was paroled February 27, 1936, and has lived a law abiding life since that time; pardoned January 7, 1937. Not recommended by the Prison Commission.
E. C. CATES: September term, 1936; City Court of Jonesboro; being intoxicated; $35.00 or 6 months; no previous trouble; clemency recommended by a number

THURSDAY, JANUARY 14, 1937.

417

of responsible people who have known him all of his life; pardoned January 7, 1937. Not recommended by the Prison Commission.
C. W. McKINNON: August term, 1935; Superior Court of Chatham County; assault to murder; 8 to 10 years; good prison record; bad physical condition; recommended by warden; pardoned January 7, 1937.. Not recommended by the Prison Commission.
CARL DELK: April term, 1936; Superior Court of Tattnall County; misdemeanor; voluntary manslaughter; $200.00 or 12 months; served 9 months on 12 months sentence with good prison record; recommended by county officers; jurors and others; pardoned January 8, 1937. Not recommended by Prison Commission.
HAMILTON LEE: September term, 1936; Superior Court of Fulton County; receiving stolen goods; 1 year; recommended by Lt. C. E. McCrary, Atlanta Detective Force and other law enforcement officers; pardoned January 8, 1937. Not recommended by the Prison Commission.
CATHERINE JONES: May term, 1933; Superior Court Fulton County; manslaughter; 20 years; good prison record; mitigating circumstances; recommended by former employers and others; pardoned January 8, 1937. Not recommended by the Prison Commission.
PET.ER DAVIS (B): November term, 1936; Superior Court of Jenkins County; misdemeanor; 12 months; recommended by solicitor-general; deputy sheriff; solicitor city court; clerk of court; and others; pardoned January 8, 1937. Not recommended by the Prison Commission.
DEDRICK WHITTEN: January term, 1932; Superior Court of Floyd Coun.ty; burglary; 3 to 4 years; bad physical condition; recommended by warden; pardoned Januatry 8, 1937. Not recommended by the Prison Commission.
WILL BROUGHTON: November term, 1931; Superior Court of Fulton County; murder; life; good prison

418

JouRNAL oF THE SENATE,

record; mitigating circumstances; recommended by warden and a number of citizens; pardoned January 8, 1937. Not recommended by the Prison Commission.
JOHN SNOW: November term, 1928; Superior Court of Fulton County; murder; life; clemency is recommended by Hon. Wm. B. Hartsfield, Mayor of Atlanta; warden and guards and there were mitigating circumstances in case; pardoned January 9, 1937. Not recommended by the Prison Commission.

W. H. HINTON: October term, 1928; Superior Court of Fulton and DeKalb Counties; burglary; 10 years; 2 to 4 years and 2 to 4 years; recommended by the warden and he has served over eight years for burglary, which seems to be sufficient punishment for crime committed; pardoned January 9, 1937. Not recommended by the Prison Commission.
J. N. MARTIN: June term, 1933; Superior Court of Richmond County; assault to rob; assualt with intent to murder; 4 and 4 years; clemency is recommended by Hon. Henry C. Hammond, former judge; facts in case make it doubtful whether he is guilty; pardoned January 9, 1937. Not recommended by the Prison Commission.

DELOIS CLEMENTS: June term, 1931; Superior Court of Telfair County; murder; life; served since 1931 and is recommended by wardens, county officers and other citizens; mind was not normal at the time of the perpetration of crime; conditional pardon granted January 11, 1937. Not recommended by the Prison Commission.

NIG BLACKSHEAR: April term, 1930; Superior Court of Crisp County; murder; life; recommended by trial jurors, sheriff and a number of citizens familiar with the case; solicitor-general who prosecuted case has no objection; also mitigating circumstances; pardoned January 11, 1937. Not recommended by the Prison Commission.

THURSDAY, JANUARY 14, 1937.

419

CHARLEY WEST: March term, 1932; Superior Court of Wilcox County; murder; life; solicitor-general states that he has no objection to clemency; pardoned January 11, 1937. Not recommended by the Prison Commission.
EUGENE WEST: April term, 1932; Superior Court of Wilcox County; murder; life; solicitor-general states that he has no objection to clemency; pardoned January 11, 1937. Not recommended by the Prison Commission.
JOHN DODSON: November term, 1930; Superi~ Court of Sumter County; murder; life; solicitor-general, Hon. Hollis Fort states that he believes the defendent was guilty of voluntary manslaughter rather than murder and feels that time served is sufficient; pardoned January 11, 1937. Not recommended by the Prison Commission.
W. C. SOSBY: November term, 1934; Superior Court of Franklin County; seduction; 3 to 15 years; recommended by responsible citizens of Franklin County and he has now served over two years with good record on a threeyear minimum sentence, having completed the service of most of his sentence giving him credit for good time; pardoned January 12, 1937. Not recommended by the Prison Commission.
LONNIE HILL: March term, 1936; Superior Court of Cherokee County; assault to murder; 2 to 5 years; time served with good record and destitute circumstances of family; pardoned January 12, 1937. Not recommended by the Prison Commission.
E. W. ELLIS: August term, 1936; Superior Court of Thomas County; misdemeanor; 6 months; good prison record and time served; pardoned January 12, 1937. Not recommended by the Prison Commission.
BLANTON P. WEBB: April term, 1932; Superior Court of Bibb County; robbery; 2 years in five cases; applicant was paroled on April 16, 1935 and has conducted himself in a satisfactory manner since that time; pardon

420

JouRNAL OF THE SENATE,

granted January 12, 1937. Not recommended by the Prison Commission.

SPECIAL PROBATIONS-1935
Recommended by Prison Commission unless otherwise stated.
KING ALBERT: September term, 1932; Baldwin Superior Court; possessing liquor; 12 months; poor physical condition; probated December 20, 1935.
SAM K. AUTRY: July term, 1935; Superior Court of Muscogee County; misdemeanor; 12 months; recommended by trial judge and solicitor; probated December 20, 1935.
MAYBELLE AUSTIN (Col.): February term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $75 or 6 months; recommended by trial judge, solicitor and others, probated June 8, 1935.
WILLIE ARMOUR: May term, 1935; City Court of Hall County; violating prohibition law; 6 months; recommended by Judge Boyd Sloan and solicitor; probated June 21, 1935.
TALMADGE AUSTIN: September term, 1934; Superior Court of Floyd County; driving while drunk; 12 months and 6 months in jail; recommended by trial judge; probated June 21, 1935.
CLAUDE AUSTIN (Col.): March term, 1935; Criminal Court of Fulton County; pointing pistol at another; 6 months; recommended by probation officer, judge and solicitor; probated June 29, 1935.
HAROLD F. AUSTIN: May term, 1935; Superior Court of Fulton County; embezzlement-misdemeanor; 6 months; recommended by judge on account of destitute condition of family; probated July 10, 1935.

THURSDAY, jANUARY 14, 1937.

421

MRS. M. L. (G. E.) ATKINS: June term, 1935; Criminal Court of Fulton County; possessing liquor; 6 months; recommended by judge and solicitor; fine of $50 paid to sheriff; probated July 10, 1935.
JESSIE AUSTIN: May term, 1935; Criminal Court of Fulton County; operating auto while intoxicated; $50 or 6 months; recommended by trial judge and solicitor; probated July 26, 1935.

J. C. ADAMS AND LEON VINSON: February term, 1935; Superior Court of Floyd County; robbery; 9 months; recommended by j-Hdge and solicitor; probated July 30, 1935.
TIT ARMOR: February term, 1935; Superior Court of Greene County; gaming; 12 months; recommended by trial judge and prosecutor; probated September 5, 1935.
BUSTER ADAMSON (Col.): March term, 1935; Superior Court of Heard County; simple larceny; 12 months; recommended by prosecutor; judge and solicitor; probated September 13, 1935.
ERNEST ASTIN: April term, 1935; Criminal Court of Fulton County; possessing liquor; 12 months; $250 and 12 months; recommended by judge and solicitor; probated October 15, 1935.
WM. B. ALVERSON: July term, 1935; Criminal Court of Fulton County; wife beating; 12 months; recommended by judge and solicitor; probated October 21, 1935.

ROBERT ABERNATHY: June term, 1935; Superior Court of Union County; misdemeanor; 12 months and 12 months concurrent; recommended by trial judge; probated October 23, 1935.

J. B. ANDERSON: May term, 1935; Superior Court of
Hall County; attempt to steal auto; 12 months; recommended by judge and prosecutor; probated ~ovember 27, 1935.

422

JOURNAL OF THE SENATE,

FRANK C. ADAMS: October term, 1934; Superior Court of Fulton County; robbery; 10 months; recommended by chief probation officer; probated January 30, 1935.
N. E. AVERY: September term, 1934; Superior Court of Houston County; 12 months; drunkenness; recommended by trial judge, solicitor and sheriff; probated March 29, 1935.
JOHN WILLIE ARNOLD: January term, 1935; City Court of Decatur; possessing liquor; 6 months; recommended by trial judge and solicitor; probated Aprilll, 1935.
NEWT ALRED: July term, 1934; Superior Court of Polk County; drunkenness; 12 months; recommended by Superintendent Lawrence, Warden Beard, Judge Irvin, and several citizens; probated November 14, 1935.
WILL ANDERSON: September term, 1935; Superior Court of Fulton County; burglary; 12 months; recommended by judge, probation officer, and others; probated October 11, 1935.
G. M. BOWLES: September term, 1934; Criminal Court of Atlanta; wife beating; 12 months; recommended by Judge Jesse M. Wood, Hon. John McClelland, solicitor, Hon. G. Allen Maddox; probated January 9, 1935.
JIM BROWN: October term, 1934; Criminal Court of Atlanta; possessing liquor; $100 and 6 months; recommended by Judge Wood, chief probation officer, Han. John S. McClelland; probated Jan. 15, 1935.
FUNSTON BOATRIGHT: August term, 1934; City Court of Blackshear; misdemeanor; 10 months; recommended by Judge Bowen, clerk of superior court and Prison Commission; probated January 26, 1935.
E. P. BUICE ALIAS A. A. HAND: November term, 1934; Criminal Court of Atlanta; possessing liquor; $50 and 12 months; recommended by chief probation officer, solicitor and trial judge;_ probated February 5, 1935.

THURSDAY, jANUARY 14, 1937.

423

DEFFUS BOLTON: May term, 1934; City Court of Lexington; larceny from house; 12 months; recommended by judge, solicitor and prosecutor; probated February 25, 1935.
GEORGE AND WILLIE L. BENJAMIN: May term, 1934; City Court of Millen, Ga.; larceny of peas; 12 months and 12 months; recommended by Judge Strickland, Hon. E. G. Weathers, ex-judge City Court of Millen, and Prison Commission; probated March 4, 1935.
DALTON BURNHAM: December term, 1934; City Court of Eastman, Ga.; simple larceny.; 4 months; recommended by Judge Franklin, sheriff, solicitor, and clerk of superior court; probated March 7, 1935.
LAWRENCE J. BRANNON: December term, 1934; Criminal Court of Atlanta; vagrancy; 6 months; recommended by Judge Wood, Solicitor McClelland, Han G. Allen Maddox, chief probation officer; probated March 8, 1935.
ED BROWN: January term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by Judge Hathcock, Solicitor McClelland, and chief probation officer; probated March 13, 1935.
T. F. BURNETT: November term, 1934; Criminal Court of Atlanta; vagrancy; 12 months; recommended by Judge Wood and solicitor Criminal Court of Atlanta; probated April 11, 1935.
RUDOLPH BROWN: March term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $50 and 12 months; recommended by trial judge and solicitor; probated May 14, 1935.

LILLIAN BOHANNON (Col.): November term, 1934; Criminal Court of Fulton County; assault and battery; lottery; 9 months and 3 months consecutively; recommended by trial judge and solicitor; probated May 29, 1935.

424

JOURNAL OF THE SENATE,

MARGARET BROOKS: October term, 1934; Criminal Court of Fulton County; vagrancy; 12 months; recommended by trial judge; probated June 8, "1935.
LOYD BOYINGTON: March term, 1935; Superior Court of Douglas; driving while drunk; 12 months; recommended by trial judge, ordinary, and others; probated June 7, 1935.
EDMUND BATTLE (Col.): September term, 1934; Superior Court of Polk County; burglary; 1 to 3 years; recommended by camp inspector and camp physician; prObated June 17, 1935.
JAMES BRUCKMAN: February term, 1935; City Court of Richmond County; larceny; 12 months in each of 10 cases; recommended by trial judge; probated June 21, 1935.
HOWARD BOWEN: May term, 1935; City Court of Athens; being drunk on highway; $50 or 6 months; recommended by judge and solicitor; probated June 26, 1935.
TOM BROOKS (Col.): February term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $50 or 6 months; recommended by trial judge and solicitor; probated June 26, 1935.
NORMAN BUSBEE: March term, 1935; Superior Court of Walton County; being drunk on highway; 8 months; recommended by trial judge; solicitor, and chairman board of commissioners; probated June 29, 1935.
BUFORD BOWEN: May term, 1935; Superior Court of Clarke County; being drunk on highway; 6 months; recommended by trial judge; probated July 3, 1935.
L. W. BRYANT: November term, 1934; Criminal Court of Fulton County; simple larceny; $200 or 12 months; recommended by judge and solicitor; probated July 11, 1935.
LEE BENNETT: March term, 1935; City Court of Jonesboro; assault and battery; 12 months; recommended by trial judge and solicitor; probated July 24, 1935.

THURSDAY, JANUARY 14, 1937.

425

DALLAS BISHOP: April term, 1935; Superior Court of Fulton County; manufacturing liquor; $250 or 12 months; recommended by trial judge; probated July 24, 1935.
MARY BLALOCK: April term, 1935; Criminal Court of Fulton County; receiving stolen goods; $100 and 12 months; recommended by Judge Hathcock, Solicitor McClelland, and chief probation officer; probated August 3, 1935.
HEYWOOD BROWN: June term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $25 or 3 months; recommended by judge, solicitor, and others; probated August 3, 1935.
MRS. L. C. BURNS: March term, 1935; Criminal Court of Fulton County; possessing liquor; $100 or 12 months; recommended by Judge Hathcock on payment of $50 of the fine ,with balance of fine to be paid 30 days from date of release; probated July 30, 1935.
JOHN BARRETT: March term, 1935; Superior Court of Heard County; misdemeanor-drunkness; 12 months; recommended by judge; probated August 13, 1935.
MARY BROWNING (Col.): February term, 1935; Criminal Court of Fulton County; simple larceny; 10 months; recommended by judge and solicitor; probated August 15, 1935.
W. P. BIVINS: April term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge, solicitor and probation officer; probated August 15, 1935.
WILL BROOKINS (Col.): January term, 1935; City Court of Eastman; vagrancy; 12 months; recommended by superintendent of State Farm and warden under whom he served; probated August 16, 1935.
JAMES BUSH: November term, 1934; Superior Court of Muscogee County; burglary; 12 months; recommended by

426

JouRNAL oF THE SENATE,

superintendent of State Farm and warden; probated August 16, 1935.
HENRY BOWMAN (Col.): February term, 1935; Superior Court of Spalding County; burglary; 12 months; recommended by superintendent of State Farm and warden; probated August 16, 1935.
JOHN H. BARKER: February term, 1935; Criminal Court of Fulton County; wife beating; 12 months; recommended by Judge Wood, Solicitor McClelland, and Hon. G. Allen Maddox; probated August 26, 1935.
W. P. BRAGG: June term, 1935; City Court of Quitman; drunk on highway; $50 or 6 months; recommended by trial judge, solicitor, and number of other citizens; probated September 5, 1935.
JOHNSON BELL: May term, 1935; Criminal Court of Fulton County; lottery; receiving stolen goods; 4 months and 4 months; recommended by judge, solicitor, and others; probated September 11, 1935.
FRANK BARTON: September term, 1935; Superior Court of Walton County; larceny after trust; 6 months; recommended by judge, solicitor, prosecutor; probated September 23, 1935.
GUS BRICKNER: July term, 1935; City Court of Cairo; having liquor and driving car while drunk; 4 months and 6 months; recommended by judge, county physician, and others; probated September 24, 1935.
J. W. BROWN ALIAS RALPH JOHNSON ALIAS HERSCHEL RAY: January term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $150 and 12 months, 6 months, 6 months; recommended by solicitor and judge; probated October 1, 1935.
MARY ELIZABETH BOONE: April term, 1935; Criminal Court of Fulton County; stabbing; 12 months; recommended by judge and solicitor; probated October 14, 1935.

THURSDAY, JANUARY 14, 1937.

427

JOHN BUSSEY: May term, 1935; Superior Court of Meriwether County; driving auto while drunk; 12 months; recommended by Judge Wyatt and Solicitor Atkinson; probated October 24, 1935.
GARFIELD BOLDING (Col.): December term, 1934; Criminal Court of Fulton County; possessing liquor; $150 and 12 months; recommended by judge and solicitor; probated July 31, 1935.
FLOYD SIMS BEARY: October term, 1935; City Court of Decatur; adultery; 12 months or $25; recommended by judge and solicitor upon payment of fine of $15; probated November 14, 1935.
FRED BEASLEY: July term, 1935; Superior Court of Cobb County; possessing and transporting liquor; 9 months or $250; recommended by solicitor, deputy sheriff, sheriff; probated November 14, 1935..
ELIZABETH BLANCHARD: August term, 1935; Superior Court of Cherokee County; misdemeanor; leaving home; 12 months; recommended by judge and solicitor; probated November 19, 1935.
TOM BROWN: July term, 1935; Superior Court of Richmond County; burglary; 10 months; recommended by judge; probated November 19, 1935.
SHELBY BELL: July term, 1935; Criminal Court of Fulton County; malicious mischief; 6 months; recommended by judge and solicitor; probated November 23, 1935.

HATTIE BROWN: September term, 1935; Superior Court of Fulton County; larceny from house; 12 months; recommended by judge; probated December 12, 1935.

GORDON BURTON: August term, 1935; Rabun County Superior Court; misdemeanor; 12 months; recommended by judge; probated December 12, 1935.

428

, JouRNAL oF THE SENATE,

BUD BRYANT: October term, 1935; City Court of Swainsboro; drunk; 3 months; recommended by judge and solicitor; probated December 12, 1935.
CHALMERS BURSON: June term, 1935; Superior Court of Fulton County; larceny of auto; 10 months; recommended by Judge Howard, prosecutor and chief probation officer; probated December 17, 1935.
GAY BARTON: June term, 1935; Superior Court of Gilmer County; misdemeanor (simple larceny); 12 months; recommended by judge, solicitor, and warden; probated December 19, 1935.
E. L. BROWN: September term, 1935; Criminal Court of Fulton County; assault and battery-driving while drunk; 12 months and 12 months; recommended by judge and solicitor; probated December 20, 1935.
ANNIE BALLARD: June term, 1935; Criminal Court of Fulton County; possessing liquor; $100 and 12 months; recommended by Judge Wood, Hon. Allen Maddox, and Solicitor McClelland; probated December 23, 1935.
LAWRENCE BEATY: September term, 1935; Criminal Court of Fulton County; lottery; 6 months; recommended by Judge Wood, Hon. Allen Maddox and Solicitor McClelland; probated December 23, 1935.
WILL BROWN: September term, 1935; Criminal Court of Fulton County; operating auto while intoxicated; $50 and 6 months; recommended by Judge Wood, Han. Allen Maddox, and Solicitor McClelland; probated December 23, 1935.
J.P. BARLEY: October term, 1935; Superior Court of Taylor C unty; driving while drun~; 12 months; recommended by Judge McLaughlin; probated December 23, 1935.
CLARENCE COLE: November term, 1934; City Court of Polk County; possessing liquor; 8 months; recommended by Judge Irwin, solicitor city court and warden; probated January 23, 1935.

THURSDAY, jANUARY 14, 1937.

429

GRAHAM CAUSEY: April term, 1934; Superior Court of Peach County; abandonment; 12 months; recommended by solicitor and others; probated February 13, 1935.
ERNEST CARROLL: August term, 1934; City Court of Cedartown; drunk on highway; 12 months; recommended by judge city court, solicitor and warden; probated February 13, 1935.
LAWRENCE CROW: October term, 1934; Superior Court of Stephens County; violating prohibition law; 12 months; recommended by judge; probated March 27, 1935.
CARROLL COLEMAN: February term, 1934; Superior Court of Richmond County; burglary; 12 months and 12 months; good prison record; recommended by trial judge; probated March 29, 1935.
W. G. COX, Jr.: October term, 1934; Superior Court of Mitchell County; assault and battery; 12 months; recommended by trial judge; probated April 4, 1935.
GEORGE CUMMINGS: November term, 1934; Criminal Court of Atlanta; possessing liquor; 6 months and 6 months; recommended by Solicitor McClelland, G. A. Maddox, and Prison Commission; probated April 6, 1935.
LEON CAPES: August term, 1934; City Court of Carrolton; liquor and misdemeanor; 6 months or $60; 12 months; recommended by trial judge; probated April 10, 1935.
MONROE COOPER: April term, 1934; Criminal Court of Fulton County; possessing liquor; 12 months and 6 months; recommended by trial judge and solicitor; probated April 11, 1935.
OSCAR COX: December term, 1934; City Court of Polk County; possessing whiskey; 12 months; recommended by trial judge and solicitor; probated April 11, 1935.
LEWIS COLE: January term, 1935; Criminal Court of Fulton County; attempted larceny of auto; simple larceny;

430

JouRNAL oF THE SENATE,

c. c. w., 6 months, 6 months, 6 months; recommended by trial judge, chief probation officer, and solicitor; probated April 11, 1935.
DAWSON CHILDRESS: January term, 1935; Criminal Court of Fulton County; simple larceny; 9 months; recommended by ~hief probation officer, solicitor, and trial judge; probated April 12, 1935.
JAMES CARTER: September term, 1934; City Court of Carrollton; cruelty to animals; $50 or 12 months; good prison record; recommended by trial judge; probated April 18, 1935.
H. F. CRIPPEN: March term, 1935; City Court of Decatur; public indecency; 12 months; recommended by trial judge and solicitor; probated May 23, 1935.

E. F. COLLIER (Col.): December term, 1934; Criminal Court of Fulton County; possessing liquor; $50 or 6 months; recommended by judge and solicitor; probated June 6, 1935.
BENNIE R. COLLINS, D. V. ROBERTSON AND J. R. DICKEY: May term, 1935; Superior Court of Bryan County; illegal hunting; 30 days; recommended by trial judge; probated June 6, 1935.

LEWIS COWAN: January term, 1934; Criminal Court of Fulton County; simple larceny, and swindling and cheating; 12 months, 8 months, 8 months, 3 months, 3 months; recommended by judge and solicitor; probated June 17, 1935.

BILL CAMP: March term, 1935; City Court of Floyd County; possessing whiskey; $10 or 6 months; good prison record; recommended by trial judge and solicitor; probated June 21, 1935.

ROY CHITWOOD AND BARNEY DILLARD: January term, 1935; Superior Court of Whitfield County; larceny; 12 months; recommended by judge, solicitor, prosecutor and others; probated July 10, 1935.

THURSDAY, jANUARY 14, 1937.

431

MASON COOPER: November term, 1934; City Court of Carrollton; carrying pistol without license; 12 months or $50; recommended by trial judge; probated July 12, 1935.
BUDDY (JAMES) COSBY: January term, 1935; Superior Court of Greene County; misdemeanor, liquor; 12 months; recommended by trial judge and state farm physician; probated July 16, 1935.
TOM COPELAND: May term, 1935; City Court of Decatur; having whiskey; 6 months; recommended by judge and solicitor; probated August 14, 1935.
ALBERT CAMP: February term, 1935; Superior Court of Putnam County; burglary; 12 months; recommended by superintendent of State Farm and warden; probated August 16, 1935.
HUGH CHASTAIN: January term, 1935; Superior Court of StepheQs County; wife beating; 12 months; recommended by superintendent of State Farm and warden; probated August 16, 1935.
EMMETT CHAMBERS: March term, 1935; Superior Court of Floyd County; burglary; 12 mQnths; recommended by superintendent of State Farm and warden; probated August 16, 1935.
J. T. CAMP: December term, 1934; Superior Court of Haralson County; misdemeanor; 12 months; recommended by superintendent of State Farm and warden; probated August 16, 1935.
J. C. CORBETT: May term, 1935; City Court of Douglas, Ga.; simple larceny; 6 months; recommended by superintendent of State Farm and warden; probated August 16, 1935.
ROBERT CLARK: February term, 1935; Superior Court of Jasper County; larceny from house; 12 months; recommended by superintendent of State Farm and warden; probated August 16, 1935.

432

JouRNAL oF THE SENATE,

WILKES CALLOWAY: June term, 1935; Superior Court of Polk County; adultery and fornication; 6 months; recommended by camp physician; probated August 21, 1935.
WELTON CROWLEY: May term, 1935; City Court of Carrollton; simple larceny; 6 months; recommended by trial judge; good previous record; probated August 26, 1935.
WILL COATS: June term, 1935; Criminal Court of Fulton County; simple larceny; 4 months; recommended by Judge Wood, Solicitor McClelland, Hon. Allen Maddox, and chief probation officer; probated September 5, 1935.
J. W. COTHREN: June term, 1935; Superior Court of Bacon County; simple larceny; 6 months; recommended by Judge Dickinson; probated September 6, 1935.

TOM COLLINS: March term, 1935; Superior Court of Dawson County; disorderly house; 12 months; recommended by judge, county officials, and others; probated October 15, 1935.

BENNIE THOMAS CAMPBELL: June term, 1935; Superior Court of Fulton County; misdemeanor; 11 months; recommended by judge, solicitor, and many citizens of county; probated October 17, 1935.

W. T. CONNER: December term, 1933; Superior Court of Wilcox County; felony, poisoning well; 2 to 4 years; recommended by Prison Commission on account of applicant's age and physical condition; probated October 17, 1935.

JUSTIS CASEY: July term, 1935; City Court of Buford; larceny; 12 months; recommended by solicitor, V. M. Beard, Justice of Peace of Buford, and County Commissioners; probated November 7, 1935.

ANDREW COLEMAN: July term, 1935; City Court of Millen; simple larceny; 6 months or $50; recommended by judge and solicitor; probated November 7, 1935.

THURSDAY, JANUARY 14, 1937.

433

JIM COWART: October term, 1935; City Court of Jefferson; possessing liqucir; 12 months suspended; recommended by judge; probated November 30, 1935.
LUCILLE CAMP: October tenn, 1935; Superior Court of Whitfield County; misdemeanor (fornication); 6 months; recommended by sheriff, solicitor, and about fifty citizens; probated December 18, 1935.
ERNEST CHAMBERS: October term, 1935; Superior Court ofFulton County; burglary; 12 months; recommended by judge; probated December 20, 1935.
BILL COLE: October term, 1935; City Court of Macon; drunk at residence; 6 months; recommended by judge; probated December 31, 1935.
LIMAL DALLIS: October term, 1934; Criminal Court of Atlanta; assault and battery on his wife; 6 months; recommended by trial judge and solicitor; probated January 10, 1935.
E. S. DUFFY: November term, 1934; Superior Court of Henry County; drunkenness; 6 months; recommended by trial judge and solicitor; probated February 13, 1935.
GLENN DANIEL AND CLARENCE SCOTT: October term, 1933; Superior Court of Fulton County; manufacturing, possessing whiskey and distilling apparatus; 12, 12 and 12 months; recommended by trial judge and chief probation officer; probated March 25, 1935.
PAUL DACUS: November term, 1934; Criminal Court of Fulton County; simple larceny; 9 months; recommended by trial judge; probated April 4, 1935.
DEWEY DAY (Col.): September term, 1934; Superior Court of Morgan County; possessing liquor and carrying pistol; 12 months and 6 months; recommended by prosecutor, marshall of Bostwick, trial judge, solicitor, and sheriff; probated May 15, 1935.

434

JouRNAL oF THE SENATE,

ERNEST DAVIS: February term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by trial judge and solicitor; probated May 31, 1935.
CLINT DEADWYLER (Col.): July term, 1934; Superior Court of Hall County; misdemeanor; 12 months and 12 months; recommended by trial judge; probated June 6, 1935.
JOHN DARDEN (Col.): March term, 1935; Criminal Court of Fulton County; stabbing; $50 or 6 months; recommended by trial judge and solicitor; probated July 8, 1935.
WES DAVIS: July adjourned term, 1934; Superior Court of Haralson County; possessing liquor; 12 nionths; recommended by trial judge and solicitor; probated July 25, 1935.
L. W. DUKE: January term, 1935; Criminal Court of Fulton County; cheating and swindling; 12 months and 6 months; recommended by trial judge, solicitor, and chief probation officer; probated July 27, 1935.
OTTO DEVANEY: July term, 1935; Superior Court of Floyd County; driving auto while drunk; 12 months; recommended by judge and solicitor; probated August 9, 1935.
FRANK DUBOSE: July term, 1935; Criminal Court of Fultori County; possessing liquor; $100 or 12 months; recommended by judge and solicitor on payment of fine of $25; probated August 14, 1935.
JACK DUPREE: March term, 1935; Superior Court of Fulton County; larceny of auto; 8 months; recommended by judge; probated August 14, 1935.
ARTHUR DANIEL: June term, 1935; City Court of Danielsville; being drunk on highway; 3 months and $40, or 6 months; recommended by judge and solicitor; probated August 13, 1935.
BUCK DAVIS: December term, 1934; City Court of Newnan; chicken stealing; 12 months and 6 months; recom-

THURSDAY, jANUARY 14, 1937.

435

mended by superintendent of State Farm; and warden; prObated August 16, 1935.
HAYES DORSEY: August term, 1935; County Court of Clinch; drunkenness; 6 months; recommended by county authorities on account of blindness of applicant; probated September 24, 1935.
ALMA DOUGLAS: April term, 1935; Superior Court of Telfair County; burglary; 12 months; recommended by judge and solicitor; probated October 10, 1935.
GRANT DICKERSON: April term, 1935; Superior Court of Stephens; larceny from house; 12 months; recommended by judge; probated October 14, 1935.
ROY DANIELS: July term, 1935; Superior Court of Harris County; possessing liquor; 12 months; recommended by trial judge; probated November 5, 1935.
FRED DYER: May term, 1935; Superior Court of White County; misdemeanor; $30 or 12 months; 12 and 12 months concurrent; recommended by judge; probated November 8, 1935.
HARRY DUNCAN: September term, 1935; City Court of Decatur; driving auto while drunk; 3 months; recommended by judge and solicitor; probated November 13, 1935.
MILLARD DARDEN, (Col.): October term, 1934; Criminal Court of Fulton County; misdemeanor; 12 months, 3 months and 12 months concurrent; recommended by trial judge and solicitor; good record; probated November 27, 1935.
RESTERS DOUGHERTY: July term, 1935; Superior Court of Cobb County; misdemeanor, driving auto while drunk; 5 months; recommended by trial judge; probated November 23, 1935.
HOMER DOWNS: August term, 1935; Superior Court of Talbot County; misdemeanor; $100 or 12 months; rec-

436

JouRNAL OF THE SENATE,

ommended by judge and others; probated November 27, 1935.
FORREST DAVIS: October term, 1935; Superior Court of Floyd County; possessing intoxicating liquor; 12 months or a fine of $300; prisoner able to pay $150 fine, and serve part of sentence; probated December 9, 1935. Not recommended by Prison Commission.
JIMMIE DRIVER: February term, 1935; Criminal Court of Fulton County; possessing liquor; 12 months; $50 or 4 months, $50 or 4 months; recommended by judge and solicitor; probated December 20, 1935.
ROME DANIEL: July term, 1935; Superior Court of Douglas County; drunk on highway; 12 months; recommended by trial judge; probated December 20, 1935.
JAMES DALLAS: March term, 1935; Superior Court of Douglas County; liquor; 12 months; recommended by trial judge; probated December 20, 1935.
MAJOR DYKES: May term, 1935; Superior Court of Dodge County; misdemeanor; 12 months; recommended by trial judge; probated December 30, 1935.
EUGENE MANTZ: March term, 1935; Superior Court of Hart County; larceny from house; $50 or 12 months; pro~ bated May 29, 1935.
SAM WILLIAMS: November term, 1934; Criminal Court of Fulton County; lottery; assault and battery; 12 months each case; probated September 16, 1935.
TOMMIE RANDOLPH: March term, 1935; City Court of Hall County; drunk; 12 months; probated August 16, 1935.
GEORGE EDWARDS: December term, 1934; Criminal Court of Atlanta; gaming; $25 or 3 months; recommended by trial judge and chief probation officer; probated February 5, 1935.

THURSDAY, jANUARY 14, 1937.

437

JEFF EVANS: July term, 1934; Superior Court of Harris County; violating prohibition law; 12 months; recommended by trial judge; probated January 2, 1935.
TOM EMMETT: August term, 1934; Superior Court of Fulton County; larceny of auto; 12 months; recommended by chief probation officer; probated February 14, 1935.
HAYDEN EVANS: February term, 1935; City Court of Decatur, Ga.; operating car while drunk; 12 months (9 months probated); recommended by Judge Frank Guess and Solicitor D. P. Phillips; probated March 11, 1935.
CLIFFORD EVANS: October term, 1934; Superior Court of Lumpkin County; misdemeanor; 12 months; recommended by Judge B. P. Gaillard, Jr.; probated May 13, 1935.
STEVE EVERETT:. November term, 1934; City Court of Springfield; larceny from house; 12 months; recommended by trial judge on account of applicant's weak mind; probated June 21, 1935.
HARRISON EVANS: June term, 1935; Criminal Court of Fulton County; C.C.W. and pointing shotgun at another; 6 months in each case; recommended by trial judge and solicitor; probated July 25, 1935.
RUBY ECHOLS: April term, 1935; Superior Court of Floyd County; public drunkenness; 6 months; recommended by trial judge and solicitor; probated August 9, 1935.
MARGARET EVANS (Col.): October term, 1934; Criminal Court of Fulton County; possessing liquor; $100 or 8 months and 4 months; recommended by chief probation officer and solicitor; probated August 9, 1935.
E. T. (BUD) ELLIOTT: January term, 1935; Superior Court of Fulton County; larceny of auto; 12 months; recommended by Judge Jno. D. Humphries, and chief probation officer; probated September 5, 1935.

438

JouRNAL OF THE SENATE,

ARTIS ELDER: April term, 1935; Criminal Court of Fulton County; simple larceny; 6 months in 4 counties; recommended by trial judge and solicitor; probated December 18, 1935.
FRANK FRICKS: April term, 1935; Superior Court of Lumpkin County; misdemeanor; 12 months; recommended by sheriff, representative, deputy sheriff, justice of peace, and other citizens of county; probated June 19, 1935.
LOUISE FREEMAN: March term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $500 and 12 months; recommended by trial judge on payment of fine of $250; probated April 5, 1935 upon payment of $250 fine.
LEONARD FRYE: November term, 1934; Criminal Court of Fulton County; possessing liquor; $25 and 6 months $50 and 6 months; recommended by trial judge and solicitor also probation officer; probated April 11, 1935.
DAVID FRAZIER: March term, 1935; City Court of Polk County; larceny; 3 months; recommended by trial judge; probated April 18, 1935.
MOZELLE FRADY: October term, 1934; Superior Court of Stephens County; misdemeanor (vagrancy); 12 months; recommended by trial judge; probated May 14, 1935.
WILLIE FEARS: January term, 1935; City Court of Decatur, Ga.; operating car while drunk (hit and run); 3 months and 3 months; recommended by Judge Frank Guess, and Solicitor D. P. Phillips; probated May 23, 1935.
COLLIE FERGUSON: April term, 1935; Criminal Court of City of Decatur; drunk; 12 months; recommended by judge and solicitor; probated June 7, 1935.
CARL FREDERICK: October term, 1934; City Court of Richmond County; burglary; 12 months; recommended by trial judge; probated June 21, 1935.

THURSDAY, JANUARY 14, 1937.

439

. CHARLIE FLEMING: September term, 1933; Superior Court of Fulton County; burglary; 12 months and 12 months; recommended by trial judge, solicitor, and prosecutors; probated June 27, 1935.
GEORGE FERGUSON: March term, 1935; City Court of Decatur; operating car while drunk; 12 months; recommended by judge and solicitor; probated July 9, 1935.
JANIE MAE FAUSE: March term, 1935; Criminal Court of Fulton County; stabbing; $50 or 6 months; recommended by judge and solicitor; probated July 24, 1935.
J. B. FOSTER: June term, 1935; City Court of Decatur; having liquor; 12 months; probation recommended by judge and solicitor; probated August 14, 1935, upon payment of $50 fine.
LEE FREEMAN: April term, 1935.; Criminal-Court of Atlanta; lottery; $75 and 6 months; recommended by trial judge and solicitor; probated August 13, 1935.
MRS. AGNES FULLFORD: May term, 1935; Superior Court of Bacon County; fornication; $75 or 6 months; recommended by judge; probated August 14, 1935.
CHARLIE FOSTER: April term, 1935; Criminal Court of Fulton County; lottery; 6 months; recommended by trial judge and solicitor; probated September 5, 1935.
JIM FRAZIER: May term, 1935; Superior Court of Emanuel County; cow stealing; 12 months; recommended by trial judge; probated September 5, 1935.
EDWARD FINCH: May term, 1935; Criminal Court of Fulton County; concealed weapons; $50 or 6 months; recommended by trial judge and solicitor; probated September 5, 1935.
CBARLIE FORTUNE: April term, 1935; Superior Court of Floyd County; misdemeanor;. 12 months; recommended by solicitor-general; probated November 6, 1935.

440

JouRNAL OF THE SENATE,

ALLEN FREEMAN: January term, 1935; City Court of Griffin; possessing liquor; driving while drunk; 12 months and 6 mcmths; recommended by trial judge and others; probated November 13, 1935.
IKE ALIAS WALTER FREEMAN: May term, 1935; Criminal Court of Fulton County; lottery; 10 months; recommended by judge and solicitor; probated November 20, 1935.
FLOYD FAVORS: March term, 1935; Superior Court of Douglas County; liquor and pistol; 12 months and 6 months; recommended by trial judge; probated December 20, 1935.
C. H. GOULD ALIAS HARBORN: September term, 1933; Superior Court of Fulton County; larceny from auto; larceny from auto; 12 months and 12 months; recommended by Judge John D. Humphries and Fulton County Probation Officer; probated January 10, 1935.
H. G. GLOER: September term, 1934; Criminal Court of Atlanta; operating auto while drunk; 12 months; recommended by trial judge, solicitor, and chief probation officer; probated February 5, 1935.
JOHN GOODMAN: November term, 1934; Superior Court of Muscogee County; simple larceny; 12 months; recommended by trial judge; probated March 23, 1935.
STELLA GILES: February term, 1935; Criminal Court of Fulton County; simple larceny; 4 months; recommended by trial judge and solicitor; probated April 11, 1935.
JACK GRAY: May term, 1934; Criminal Court of Fulton County; possessing intoxicating liquor; $150 and 12 months, count 1; $250 and 12 months, count 2; recommended by trial judge, solicitor and probation officer; probated April 17, 1935.
NESBIT GRAVES: December term, 1934; Superior Court of Paulding County; abandonment; 12 months and

THURSDAY, jANUARY 14, 1937.

441

12 months; recommended by trial judge; probated May 13, 1935.
ROSCO GRESHAM ALIAS JERRY STONE: November term, 1934; Criminal Court of Fulton County; possessing intoxicating liquor; 8 months and 4 months; recommended by trial judge, solicitor, and probation officer; pro-. bated June 26, 1935.
FRED GULLEY: July term, 1934; Superior Court of Stephens County; having pistol and liquor; 12 months and 6 months; recommended by judge and sheriff; probated July 8, 1935.
T. W. GILCHREST: May term, 1935; City Court of Macon: stabbing; 6 months or $40; recommended by judge upon payment of fine of $20; probated July 10, 1935 upon payment of $20 fine.

WALLACE GILSTRAP: December term, 1934; City Court of Bartow County; larceny; 12 mo11ths; recommended by trial judge; probated July 29, 1935.
ROAN GREEN: May term, 1935; City Court of Decatur; lottery; $100 or 3 months; recommended by judge and solicitor; probated July 30, 1935.
BEULAH (BERTHA) GAINES: November term, 1934; Superior Court of Muscogee County; larceny from house; 12 months; recommended by trial judge, prosecutor, and others; probated August 9, 1935.

BILL GARLAND: March term, 1935; Superior Court of Wilkes County; burglary; 12 months; recommended by superintendent and warden at State Farm; probated August 16, 1935.

MANUEL GREEN: December term, 1934; Superior Court of Muscogee County; simple larceny; 12 months; recommended by trial judge; probated August 26, 1935.

442

JouRNAL OF THE SENATE,

CECIL GARRETT: January term, 1935; Superior Court of Fulton County; larceny of auto; 12 months; recommended by trial judge; probated September 23, 1935.
LEVIS GIBBS: February term, 1935; Superior Court of Hall County; misdemeanor, violating prohibition law; 12 . months; recommended by judge and warden; probated September 23, 1935.
HERSCHEL GRAY: November term, 1934; Superior Court of Paulding County; larceny; 12 months; recommended by judge and solicitor; probated October 4, 1935.
JOE ANN GOLDSTEIN: December term, 1934; Criminal Court of Fulton County; possessing intoxicating liquor; 3 months, 12 months; recommended by trial judge; probated October 29, 1935.
JOHN GARDNER: June term, 1935; City Court of Louisville; assault and battery; 10 months; recommended by solicitor; probated November 8, 1935.
NELSON T. GOSSETT: November term, 1935; City Court of Decatur, Ga.; operating auto while drunk; $50 or 3 months; recommended by judge and solicitor upon payment of fine of $10; probated November 20, 1935 upon payment of fine of $10.
CLIFF GIBSON: March term, 1935; City Court of Gray, Ga.; violating prohibition law; 12 months; recommended by judge, solicitor, comity officers, and others; probated December 3, 1935.
JEWELL GRIGGS: September term, 1935; Criminal Court of Fulton County; operating auto while intoxicated; $50 and 6 months; recommended by solicitor and judge; probated December 9, 1935.
JAMES GLASS: September term, 1935; Criminal Court. of Fulton County; possessing liquor; $50 or 6 months; recommended by judge and solicitor; probated December 20, 1935.

TI:JURSDAY, jANUARY 14, 1937.

443

W. T. HARDY: February term, 1934; Superior Court of Pike County; misdemeanor; 6, 6 and 6 months; recommended by trial judge, warden and superintendent of State Farm; probated January 2, 1935.

ALICE (ALIAS SNAKE) HENDERSON: December term, 1934; Criminal Court of Atlanta; stabbing negro man; 4 months; recommended by solicitor and chief probation officer; probated January 23, 1935.

GEORGE HARRISON: May term, 1934; Criminal

Court of Atlanta; attempted burglary; 12 months; recom-

mended by trial judge, solicitor, and Hon. G. Allen Maddox;

probated February 14, 1935.



WILLIE J. AND JOHN B. HODGE: August term, 1934; Superior Court of Worth County; simple larceny; 12 months; recommended by trial judge and probation officer of Worth County; probated February 16, 1935 upon payment of $25 fine.

GEORGE H. HILTON: November term, 1934; City Court of Sylvania; being drunk; 9 months; recommended by trial judge; probated February 27, 1935.

WES AND ROY HARDY: January term, 1935; Su-
perior Court of Harris Cot].nty; manufacturing whiskey; 3 months; recommended by tri~d judge; probated March 14,
1935.

WILLIE HILL (female): August term, 1934; City Court of Hall County; drunkenness; 12 months; recommended by judge and solicitor; probated April 1, 1935.

C. H. HARMON: September term, 1934; Criminal Court of Atlanta; violating prohibition law; $100 and 12 months; recommended by trial judge; probated April 2, 1935.

ED HALL: January term, 1935; Criminal Court of Fulton County; simple larceny by trick; $50 or 6 months; recommended by trial judge and solicitor; probated April 11, 1935.

444

JouRNAL OF THE SENATE,

ORA HUFF: December term, 1934; Criminal Court of Atlanta; wife beating; $50 or 6 months; recommended by trial judge on account of good record, also by solicitor and probation officer; probated April 11, 1935.
ED HEARD: October term, 1934; City Court of Carrollton; public drunkenness; 12 months; recommended by trial judge; probated June 1, 1935.
T. B. HEATH: August term, 1933; Superior Court of Fulton County; forgery; 12 months; 12 months; 12 months and 12 months; recommended by trial judge upon request of defendant's mother who was responsible for the cases being made; probated April 11, 1935.
HERBERT HAYES: February term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $35 or 4 months; recommended by trial judge and solicitor; probated April 24, 1935.
C. W. HINES: October term, 1934; Superior Court of Muscogee County; bad check; 12 months; recommended by prosecutor and judge; probated May 27, 1935.
ADOLPHUS HILL: February term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated May 23, 1935.
SAM HARDIN (Col.): October term, 1934; Criminal Court of Fulton County; concealed weapons and liquor; 9, 12 and 12 months; recommended by trial judge and solicitor; probated May 29, 1935.
FRED H. HARVEY: February term, 1935; City Court of Thomasville; misdemeanor; 5 months; recommended by trial judge and county warden; probated June 21, 1935.
WILLIE HOBBS: October term, 1934; Superior Court of Columbia County; assistant to murder; 10 months or $75; good prison record; recommended by trial judge; probated June 21, 1935.

THURSDAY, jANUARY 14, 1937.

445

GEORGE HARRIS: October term, 1934; Superior Court of Houston County; simple larceny; 6 months in jail or $28 and 12 months on gang; recommended by trial judge and clerk of court; probated June 28, 1935.
EDWARD HUTCHINS: January term, 1935; Criminal Court of Fulton County; gaming; 9 months; recommended by judge and solicitor; probated July 12, 1935.
FLOYD HITCHCOCK: February term,.1935; Superior Court of Polk County; abandonment of child; 12 months; recommended by trial judge; probated July 12, 1935.
I. B. (BEN) HAWKINS: February term, 1935; City Court of Gainesville; misdemeanor; 12 months; recommended by trial judge; probated August 13, 1935.
SY HIGDON: February term, 1935; Superior Court of Haralson County; being drunk; 12 months; recommended by superintendent of State Farm and warden on account of good prison record; probated August 16, 1935.
JAMES H,ALL ALIAS RAY HOGAN ALIAS BOOKER: December term, 1934; Criminal Court of Fulton County; possessing liquor; $150 and 12 months and 6 months; recommended by judge and s?licitor; probated August 16, 1935.
MELVIN HENDRICKS: May term, 1935; Superior Court of Floyd County; being drunk; 6 months; recommended by superintendent of State Farm and warden, on account of good prison record; probated August 16, 1935.
E. D. HAMPTON: December term, 1934; Superior Court of Haralson County; assault to murder; 12 months; good prison record; recommended by superintendent of State Farm and warden; probated August 16, 1935.
JUDSON (J. C.) HEATH: May term, 1935; City Court of Floyd County; misdemeanor; 12 months; good prison record; recommended by county officers, trial judge, and other responsible people of county; probated September 5, 1935.

446

JouRNAL OF THE SENATE,

STAFFORD HORN: May term, 1935; Superior Court of Bryan County; assault to murder; 6 months or fine; good prison record; recommended by trial judge and solicitor; probated September 5, 1935.
GUY HAMBRICK: February term, 1935; City Court of Decatur, Ga.; wife beating; 12 months and 12 months; recommended by trial judge and solicitor; good prison record; probated September 6, 1935.
LEO HAMBRICK: May term, 1935; Superior Court of Troup County; misdemeanor; 12 months; recommended by trial judge and solicitor; probated September 6, 1935.
ERNEST HARRIS: May term, 1935; City Court of Hall County; misdemeanor; 12 months; recommended by judge; probated October 15, 1935.
FRITZ HINEY: June term, 1935; Superior Court of Floyd County; driving car while drunk; 10 months and 4 months concurrent; recommended by trial judge and solicitor; probated October 17, 1935.
PAUL HUMPHRIES: July term, 1935; Criminal Court of Fulton County; misdemeanor; $25 and 6 months each case; recommended by trial judge; probated October 26, 1935.
FRANK HOBGOOD: June term, 1935; City Court of Cartersville; pointing gun; 12 months; recommended by trial judge; probated November 20, 1935.
ALVIN HARRIS: May term, 1935; Superior Court of Decatur County; burglary; 12 months; recommended by judge and others; probated December 9, 1935.
W. L. HARGROVE: October term, 1935; Criminal Court of Fulton County; possessing liquor; 6 months; recommended by judge and solicitor; probated December 12, 1935.
J. B. HARRINGTON: September term, 1935; City
Court of Jesup, Ga.; drunk; 10 months; recommended by

THURSDAY, JANUARY 14, 1937.

447

trial judge, solicitor, and sheriff; probated December 19, 1935.
CLYDE HEMPHILL: October term, 1935.; Union County Superior Court; Disturbing Divine Worship; 12 months; recommended by trial judge, solicitor, and other officers of county; probated December 20, 1935.
EUGENE HEAD ALIAS MARK HARPER: April te~m, 1935; Criminal Court of Fulton County; possessing liquor; 12 months and 12 months; recommended by trial judge and solicitor; probated December 23, 1935.
FRED HEMBREE: June term, 1935; Superior Court . of Bartow County; obscene literature; 12 months; 12 months and 12 months; recommended by trial judge, solicitor and prosecutor; probated December 23, 1935.
MARION HALE: August term, 1935; Superior Court of Fulton County; larceny of auto; 12 months; recommended by judg~; probated December 31, 1935.
MILLARD HOWARD: November term, 1935; Superior Court of DeKalb County; making whiskey; $100.00 or 12 months; recommended by trial judge; probated December 31, 1935.

ISIAH McKELLAR: January term, 1935; Superior Court of Turner County; making liquor; 12 months and 6 months in jail; recommended by judge, solicitor, and others; probated July 31, 1935.

JOHN IRVIN (Col.): May term, 1935; Superior Court of Wayne County; stabbing; 6 months or $25.00; recommended by warden and Dr. R. D. Jones on account of poor physical condition; probated October 17, 1935.

RILEY IRWIN: June term, 1935; City Court of Macon; driving while drunk; 12 months; recommended by judge and solicitor; probated December 31, 1935.

448

JouRNAL oF THE SENATE,

DAISEY JEWELL: November term, 1934; Criminal Court of Atlanta; possessing liquor; 4 months; recommended by solicitor, trial judge, and chief Probation Officer; probated February 20, 1935.

CHARLIE JACKSON: August adjourned term, 1934; City Court of Lexington; simple larceny; 12 months; recommended by trial judge, solicitor, and prosecutor; probated February 25, 1935.

JOHN JACKSON: November term, 1934; Criminal Court of Fulton County; violating motor vehicle law; operating auto while intoxicated; 6 months and 6 months; recommended by trial judge and solicitor; probated April 11, 1935.

ROGER JEWELL (Col.): February term, 1935; Crim-

inal Court of Fulton County; malicious mischief; carrying

concealed weapons; 6 months each, consecutively; recom-

mended by chief probation officer and solicitor; probated

April 12, 1935.



JAMES JOHNSON (Col.): March term, 1935; Criminal Court of Fulton County; lottery; 6 months; recommended by trial judge and solicitor; probated May 24, 1935.

PERRY JONES: February term, 1935; Criminal Court of Fulton County; possessing liquor; $100.00 or 6 months; recommended by trial judge and solicitor; probated June 18, 1935.

ROY JONES: March term, 1935; City Court of Floyd County; possessing liquor; 8 months or $25.00; recommended by judge of City Court and number of citizens of county; probated June 29, 1935.

ANDREW JACKSON: February term, 1935; Criminal
Court of Fulton County; assault and battery; malicious mischief; 6 months and 4 months; recommended by judge and solicitor; probated July 25, 1935.

THURSDAY, jANUARY 14, 1937.

449

CHARLIE JONES: April term, 1935; City Court of Newnan, Ga.; misdemeanor, peeping tom; 12 months; recommended by judge and solicitor; probated July 24, 1935.
SARAH JONES: November term, 1934; Criminal Court of Fulton County; lottery and possessing liquor; $50.00 or 4 months; $100.00 or 6 months; $100.00 or 8 months; recommended by judge and solicitor; probated August 15, 1935.
RICHARD JACKSON: August term, 1935; Criminal Court of Fulton County; carrying concealed weapons; $50.00 or 6 months; recommended by judge and solicitor; good prison record; probated September 25, 1935.
ALTON JONES: December term, 1934; City Court of Sylvester; public drunkenness; 12 months; recommended by trial judge; probated October 2, 1935.
W. M. JACKSON: June term, 1935; Criminal Court of Fulton County; carrying concealed weapons; 6 months; recommended by judge and solicitor; probated October 2, 1935.
MARY JOHNSON ALIAS KELLEY: June term, 1935; Criminal Court of Fulton County; drunkenness; 3 months and 3 months; recommended by judge and solicitor; prObated October 7, 1935.
MAUDE JONES: September term, 1935; City Court of Swainsboro; possessing liquor; 12 months or 3 months and $40.00; recommended by trial judge; probated October 15, 1935.
HARRY JOHNSON: May term, 1935; Criminal Court of Fulton County; lottery; 6 months in 3 cases; recommended by trial judge and probation officer; probated December 21, 1935.
CHARLIE JOHNSON: June term, 1935; City Court of Swainsboro; simple larceny; 12 months; recommended by

450

JOURNAL OF THE SENATE,

prosecutor, solicitor and warden; probated August 6, 1935; Not recommended by the Prison Commission.
J. J. KENNEY: December term, 1934; Criminal Court of Atlanta; simple larceny; $50.00 or 6 months; recommended by trial judge, solicitor, and probation officer; probated January 11, 1935.
A. R. KEESIE: December term, 1934; Criminal Court of Atlanta; possessing liquor; 3 months; recommended by judge and solicitor; probated February 13, 1935.
WM. J. KUTTA: October term, 1934; Superior Court of Stephens County; misdemeanor; 12 months; recommended by trial judge and solicitor; probated April 30, 1935.
MATTIE KENDRICK: November term, 1934; Superior Court of Fulton County; receiving stolen goods; 12 months; recommended by trial judge and probation officer; probated May 2, 1935.
RUFUS KERBY: January term, 1935; City Court of Swainsboro; possessing liquor; 12 months; recommended by sheriff, clerk of court, trial jurors; and not opposed by solicitor; probated May 28, 1935. Not recommended by Prison Commission.
GEORGE KIRK: January term, 1935; Superior Court of Stephens County; assault and battery; 12 months; recommended by judge, solicitor, county officials, and number of other citizens; probated July 8, 1935,..-
G. A. KAGELMACHER: June term, 1935; Criminal Court of Fulton County; operating auto while intoxicated, and failing to stop after accident; $50.00 and 6 months in each ca:se; recommended by judge, solicitor and probation officer; probated September 5, 1935.
JOHN KNIGHT: February term, "1935; City Court of Colquitt County; petty larceny; $50.00 or 12 months; recommended by judge and county officials; probated OctOber 15, 1935.

THURSDAY, jANUARY 14, 1937.

451

HENRY KNIGHT: August term, 1935; City Court of Sylvania; possessing liquor and carrying pistol; 8 months and 6 months; recommended by trial judge; probated November 30, 1935.

ELLA KING: October term, 1934; Criminal Court of Atlanta; stabbing and being intoxicated on public highway; $35.00 and 6 months; $25 and 6 months to follow; recommended by probation officer and solicitor; probated February 14, 1935.

HAROLD LANDMAN: September term, 1934; Superior Court of Douglas County; possessing liquor; 12; 12 and 12 months; recommended by trial judge, warden, guards, sheriff, and clerk of court; probated February 14, 1935.

JOHN LAMAR: September term, 1934; Criminal Court of Atlanta; assault and battery; 12 months; recpmmended by trial judge and solicitor; probated February 14, 1935.

JAS. LOGAN: December term, 1934; Criminal Court
of Atlanta; simple larceny; 6 months; recommended by trial judg~, solicitor, and chief probation officer; probated February 14, 1935.

LYNN LEE: November term, 1934; City Court of Jonesboro; misdemeanor; 6 months; recommended by trial judge and county physicians; probated March 2, 1935.

J. T. LEATHERWOOD: January adjourned term, 1934; Superior Court of Haralson County; abandonment; 12; 12 and 12 months; recommended by trial judge; prObated April 1, 1935.

GRADY LAWRENCE: March term, 1935; Criminal

Court of Fulton County; simple larceny; 9 months; recom-

mended by trial judge, probation officer, and solicitor;

probated May 9, 1935.

.

WILLIE LUMPKIN: November term, 1934;lCity Court of Lexington, Ga.; stealing corn; 12 months; recom-

452

JouRNAL oF THE SENATE,

mended by trial judge, solicitor, and prosecutor; probated May 13, 1935.

R. E. LEE: January term, 1935; City Court of Decatur, Ga.; possessing liquor; 12 months or $500.00; recommended by trial judge and solicitor; probated May 23, 1935.

DEWEY LAWRENCE: February term, 1935; Superior Court of Paulding County; drunk; 12 months; recommended by trial judge and many citizens of the county; probated May 29, 1935.

LLOYD LEDBETTER AND CLIFFORD MASSENGALE: March term, 1935; Superior Court of Rabun County; misdemeanor; disturbing worship; 12 months; recommended by judge, county officials, and others; probated June 7, 1935.

W. J. LIVINGSTON: November term, 1934; City Court of Eastman; drunkenness; 12 months; recommended by trial judge and other officers of Dodge County; good prison record; probated June 21, 1935.

JERRY LITMAN: March term, 1935; Criminal Court of Fulton County; receiving stolen goods; 12 months; recommended by trial judge, solicitor and prob'ation officer; probated June 18, 1935.

MELVIN LANHAM: April term, 1935; City Court

of Polk County; being drunk; 12 months; recommended by

judge and solicitor of City Court; sheriff, and number of

other citizens; probated June 26, 1935.



LUTHER LAWTON: March term, 1935; City Court of Springfield; drunk on highway; driving while drunk; $25.00 or 90 days, $75.00 or 9 months; recommended by judge, solicitor, and warden; probated July 10, 1935.

CLARENCE LEWALLEN: April term, 1935; Superior
Court of Fulton County; assault and battery; $200.00 or 6 months; recommended by trial judge and prosecutrix; probated August 7, 1935.

THURSDAY, jANUARY 14, 1937.

453

WM. LANKFORD: March term, 1935; Superior Court of Putnam County; liquor; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
W. JIM LEE: June term, 1935; City Court of Springfield; wife beating; 6 months; recommended by trial judge and solicitor; probated August 26, 1935.
LEONARD LAW: August term, 1935; City Court of Oglethorpe; driving auto while drunk; 9 months; recommended by trial judge and solicitor; probated September 13, 1935.
NEELY LEVALLE: February term, 1935; Superior Court of Bulloch County; misdemeanor; 12 months; recommended by trial judge and solicitor; probated September 23, 1935.
ED. LAWTON: July term, 1935; Criminal Court of Fulton County; stabbing another negro; 8 months; recommended by trial judge and solicitor; probated September 24, 1935.
DAN LANE: July term, 1935; Criminal Court of Fulton County; simple larceny; $50.00 or 6 months; recommended by judge and solicitor; probated September 25, i935.
M. C. LESTER: July term, 1935; City Court of Carrollton; public drunkenness; $25.00 or 6 months; recommended by trial judge; probated October 10, 1935.
EARL LEITER: July term, 1935; Superior Court of Richmond County; larceny after trust; 12 months; recommended by trial judge; probated October 15, 1935.
FLOYD LAMAR: December term, 1934; City Court of Macon, Ga.; carrying pistol; 12 months or $75.00; probated August 3, 1935 upon payment of fine of $43.75-$6.25 to be paid down and $6.25 each month until paid, as recommended by the judge.

454

JouRNAL oF THE SENATE,

MRS. ETHEL LOWE: April term, 1935; Superior Court of Floyd County; fornication; 12 months; recommended by judge and solicitor; probated November 7, 1935.
GEORGE MOORE: September term, 1934; Criminal Court of Atlanta; drunk on highway, concealed weapon; 2 months and 8 months; recommended by trial judge, solicitor, and probation officer; probated January 9, 1935.
R. J. MciNVALE: October term, 1934; Superior Court of Monroe County; possessing liquor; 6 months and 3 months; recommended by trial judge; probated January 17, 1935.
JAMES MINTER: December term, 1934; Superior Court of Fulton County; larceny of auto; 12 months; recommended by arresting officers and trial judge; probated January 24, 1935.
H. L. MOON: October term, 1934; Criminal Court of Atlanta; simple larceny; 12 months; recommended by trial judge, solicitor, and chief probation officer; probated January 24, 1935.
CLAUDE MOODY: September term, 1934; Superior Court of Douglas County; having liquor; 12 months; recommended by trial judge, warden, and others; probated February 11, 1935.
GEORGE MAY: November term, 1934; Criminal Court of Atlanta; possessing liquor; $50.00 or 6 months; recommended by trial judge, solicitor, and probation officer; probated February 25, 1935.
CHARLIE MARTIN: September term, 1934; Superior Court of Fulton County; lottery; $50.00 or 12 months; recommended by trial judge; probated April 1, 1935.
WADE McGAHEE: November term, 1934; City Court of Polk County; larceny of auto; 12 months; recommended by trial judge, solicitor, and other citizens of count) probated April 17, 1935.

THURSDAY, jANUARY '14, 1937.

455

THOMAS MOORE: October term, 1934; Superior Court of Greene County; misdemeanor, liquor; 12 months; recommended by prosecutors, judge and solicitor; probated April 24, 1935.
LUTHER MONCRIEF: October term, 1934; Superior Court of Greene County; having liquor: 12 months; recom-. mended by trial judge; probated April 24, 1935.
T. MORGAN: September term, 1934: Superior Court of Fayette County; misdemeanor, pistol; 12 months; recom.:. mended by trial judge; probated April 25, 1935.
FRED GRIER, ALIAS FRED MOORE: February term, 1934; Superior Court of Taliaferro County; manufacturing liquor; 12 months and $100.00 or 12 months; recommended by trial judge and others upon payment of fine of $75.00; probated June 5, 1935, upon payment of fine of $75.00.
BERNICE McCUMBERS: Febtuary term, 1935; City Court of Ludowici; larceny; $25.00 or 6 months; recommended by trial judge; probated June 21, 1935, upon payment of fine of $25.00.
JAMES McAFEE: March term, 1935; City Court of Floyd County; larceny; $25.00 or 8 months; recommended by trial judge and solicitor; probated June 21, 1935.
WILLIE MORRIS: November term, 1934; Criminal Court of Fulton County; possessing liquor; $25.00 or 2 months; $50.00 or 4 months and 4 months; recommended by probation officer and solicitor; probated June 26, 1935.
JOHN MARTIN: February term, 1935; City Court of Polk County; being drunk; 12 months; recommended by trial judge; probated June 26, 1935.
ELTON MERRITT: May term, 1935; Criminal Court of Fulton County; simple larceny; $50.00 or 6 months probation officer, trial judge, and solicitor; probated June 27, 1935.

456

JouRNAL OF THE SENATE,

CLIFFORD MOBLEY: July term, 1935; City Court of Decatur, Ga.; being drunk on highway; 3 months or $25.00; recommended by judge and solicitor on payment of $10.00 fine; probated July 10,1935 upon payment of fine of $10.00.
LUTHER MARSH: April term, 1935; Superior Court of Emanuel County; car stealing; 12 months; recommended by judge, solicitor, prosecutor, and others; probated July 16, 1935.
MASON MORRIS, ALIAS MASON NORRIS: October term, 1934; Superior Court of Fulton County; larceny of auto; 12 months; recommended by trial judge; probated July 22, 1935.
ALPP MILLS: May term, 1935; Criminal Court of Fulton County; assault and battery; $25.00 or 3 months; recommended by judge and solicitor; probated July 24, 1935.
FRANK MILLER: July term, 1935; City Court of Decatur; drunk on highway; $25.00 or 30 days; recommended by judge and solicitor; probated July 24, 1935.
THOMAS MOSLEY (Col.): March term, 1935: Criminal Court of Fulton County; operating auto while drunk; $35.00 or 6 months; recommended by judge and solicitor; probated July 24, 1935.
CHAS. MYER, ALIAS MILES (Col.): March term, 1935; Criminal Court of Fulton County; trespassing; 8 months; recommended by judge and solicitor; probated August 14, 1935.
CLEM MULKEY: March term, 1935; Superior Court of Gilmer County; misdemeanor; 8 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
ARDELL MAYBERRY: March term, 1935; City Court of Cartersville, Ga.; larceny; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.

THURSDAY, JANUARY 14, 1937.

457

THOMAS MORGAN: December term, 1935; Criminal Court of Fulton County; malicious mischief; 12 months; recommended by judge and solicitor; probated August 15, 1935.
H. MOSLEY: January term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $250.00 and 12 months; recommended by judge and solicitor; probated August 15, 1935.
OTIS MARTIN: April term, 1935; City Court of Griffin; larceny; 12 months; recommended by solicitor and prosecutor; probated October 10, 1935.
AMOS MELTON: July term, 1935; Superior Court of Turner County; misdemeanor; 12 months; recommended by trial judge and warden; probated October 10, 1935.
RALPH MASHBURN: July term, 1935; City Court of Carrollton; intoxicated at church; $35.00 or 6 months; recommended by judge upon payment of fine of $15.00; probated October 11, 1935, on payment of $15.00 fine.
LUKE MOORE: March term, 1935; Superior Court of Richmond County; stabbing; 12 months; recommended by judge; probated October 15, 1935.
CHARLES MAYS: June term, 1935; Criminal Court of Fulton County; lottery; $50.00 or 6 months; recommended by judge and solicitor; probated October 15, 1935.
JOHN MARTIN: July term, 1935; City Court of Polk County; drunk; 6 months; recommended by trial judge; probated October 31, 1935.
WILLIAM MULLIS: August term, 1935; Superior Court of Upson County; cheating and swindling; 12 months; recommended by trial judge; probated November 2, 1935.
JIM MITCHELL: August term, 1935; City Court of Camilla; simple larceny; 12 months; recommended by trial judge and others; probated November 6, 1935.

458

JouRNAL OF THE SENATE,

FOOTS MOORE: July term, 1935; Superior Court of Bartow County; larceny; 12 months; recommended because of poor physical condition; probated November 15, 1935.
EARL McCULLOUGH: June term, 1935; Superior Court of Paulding County; possessing liquor; 12 months; recommended by trial judge; probated December 20; 1935.
RALPH NORMAN: February term, 1935; City Court of Colquitt County; being drunk; 6 months; recommended by trial judge; probated June 26, 1935.
HENRY NAVARRO: June term, 1935; Superior Court of Ben Hill County; having liquor; 12 months or $150.00; recommended by trial judge, solicitor, sheriff, and clerk, upon payment of fine of $75.00; probated June 28, 1935, upon payment of $75.00 fine.
NELSON ADAMS, ALIAS ''DO WINK": March term, 1935; Superior Court of Richmond County; burglary; 12 months; recommended by trial judge; probated July 24, 1935.
ED NICHOLS: January term, 1935; Superior Court of Haralson County; possessing liquor; 12 months; recommended by large number of citizens of county; probated July 24, 1935.
JONAH NEAL: March term, 1935; Superior Court of Dawson; being drunk; 12 months; recommended by Superintendent of State Farm and warden; good prison record; probated August 16, 1935.
H. N. NORWOOD: August term, 1935; Superior Court of Fulton County; stabbing; 10 months; recommended by judge and solicitor; probated November 30, 1935.
SAM NICHOLS: July term, 1935; Superior Court of Fulton County; simple larceny; 12 months; recommended by trial judge and assistant solicitor; probated December 23, 1935.

THURSDAY, JANUARY 14, 1937.

459

CLARENCE PEPPERS: July term, 1934; Superior Court of Fulton County; burglary; 12 months; recommended by trial judge and probation officer; probated January 23, 1935.
GRADY POWELL: March term, 1934; Superior Court of Fulton County; larceny from house; 12 months and 12 months; recommended by trial judge and chief probation officer; probated February 5, 1935.
JAMES PERRY: January term, 1935; City Court of Thomasville; misdemeanor; 3 months; recommended by trial judge; probated February 9, 1935 upon payment of $35.00 fine.
S. M. PITTMAN: November term, 1934; Criminal Court of Atlanta; operating auto while drunk; $100.00 or 6 months; recommended by trial judge, solicitor, and chief probation officer; probated March 1, 1935.
S. H. PATTERSON: February term, 1935; City Court of Newnan; misdemeanor, drunkenness; 3 months; recommended by trial judge and solicitor; probated March 4, 1935 .
. LIEUTENANT (WALKER) PARKER: November term, 1934; Superior Court of Upson County; making liquor; 12 months; recommended by trial judge, solicitor, sheriff, chairman of county commissioners, warden, and others; probated April 10, 1935.
ANDREW PERRY: September term, 1934; Criminal Court of Atlanta; vagrancy; 12 months; recommended by trial judge and solicitor; probated April 11, 1935.
TERRY PHILLIPS: September term, 1934; City Court of Cartersville; operating car while drunk; 12 months; recommended by trial judge; probated April 16, 1935.
OSCAR PUCKETT AND OTTO THORNTON: April term, 1935; Superior Court of Carroll . County; larceny from house (cotton seed); 10 months; recommended by

46G

JouRNAL OF THE SENATE,

trial judge, solicitor and other officials upon payment of fine of $100.00 each; probated April 17, 1935, upon payment of fine of $100.00 each.
CLIFFORD POSTEN (Col.): April term, 1935; City Court of Newnan; possessing liquor; 4 months or $40.00; applicant served half of sentence with good time allowance; probated June 18, 1935 upon payment of $20.00 fine.
CLAUDE PENDLEY: February term, 1935; Superior Court of Paulding County; abandonment; 12 months or $100.00; recommended by trial judge provided applicant pay $6.00 per month for support of his child; probated June 18, 1935.
J. E. POWELL: March term, 1935; Criminal Court of Fulton County; possessing liquor; $100 and 8 months; recommended by trial judge, solicitor, and chief probation officer; probated June 26, 1935.
CHARLIE PATTERSON: April term, 1935; Superior Court of Fulton County; larceny of auto; 10 months; recommended by trial judge and probation officer; probated July 10, 1935.
PAUL PAYNE: May term, 1935; Superior Court of Fulton County; misdemeanor; 5 months; recommended by trial judge and prosecutor; probated July 30, 1935.
W. C. PHILLIPS: April term, 1935; Superior Court of Emanuel County; simple larceny; 12 months; recommended by prosecutor and trial judge; probated August 3, 1935.
THEO. PATRICK: December term, 1934; Superior Court of Muscogee County; driving auto while drunk; 12 months; recommended by trial judge; probated August 9, 1935.
KENYON PIERCE: April term, 1935; Superior Court of Floyd County; liquor; 10 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.

THURSDAY, JANUARY 14, 1937.

461

WILL PORTER: November term, 1934; Criminal Court of Fulton County; possessing intoxicating liquor; 8 months, 4 months and 4 months; recommended by trial judge and solicitor; probated October 2, 1935.
WILLIE PRICE: July term, 1935; City Court of Decatur; having and transporting liquor; 12 months or $300; recommended by judge upon payment of fine of $50; prObated November 2, 1935, upon payment of $50 fine.
HENRY POWELL: August term, 1935; City Court of Cartersville; violating prohibition law; 12 months and 12 months; recommended by trial judge; probated December 3, 1935 on payment of $15 fine.
GEORGIA PATTERSON: October term, 1935; City Court of Hall County; disorderly house; 12 months or $50; recommended by judge; probated December 20, 1935.
ARTHUR PITMAN: January term, 1935; Superior Court of Hall County; misdemeanor; 4 months, 4 months, 4 months, 4 months, 4 months, and 4 months; recommended by judge and prosecutor; probated December 20, 1935.
MONROE POPE: May term, 1935; Criminal Court of Fulton County; assault and battery, misdemeanor; 10 months and 4 months; recommended by trial judge, solicitor, and chief probation officer; probated December 23, 1935.
TYRUS PUTNAM: November term, 1935; Superior Court of Upson County; stabbing (misdemeanor); 6 months; recommended by trial judge, sheriff, and others; probated December 23, 1935. Not recommended by Prison Commission.
NELLIE RAYBURN: September term, 1934; City Court of Floyd County; vagrancy; 12 months; recommended by trial judge; probated January 11, 1935.
JOE RAY: April term, 1934; Criminal Court of Atlanta; possessing liquor; 12; 12 and 10 months; recommended by

462

JouRNAL OF THE SENATE,

chief probation officer and solicitor; probated February 2, 1935.
DAVID ROBINSON: November term, 1934; Superior Court of Thomas County; misdemeanor; 6 months; recommended by trial judge; probated February 2, 1935.
.WALTER ROSS: February term, 1935; Superior Court of Floyd County; possessing liquor; 6 months; recommended by solicitor; probated March 9, 1935.
JACK ROBINSON: May term, 1934; City Court of Decatur, Ga.; operating auto while intoxicated; drunkenness; 12 months and 12 months; recommended by trial judge and solicitor; probated March 27, 1935.
MARSHALL RALSTON: February term, 1935; Superior Court of Gordon County; liquor; 8 months or $25; recommended by trial judge upon payment of $25 fine; probated April 10, 1935 upon payment of $25 fine and costs.
JAMES RUMPH: November term, 1934; Superior Court of Bibb County; assault with intent to murder; 12 months or $100; probated April 24, 1935, upon payment of $50 on a revised sentence of court after prisoner entered servtce.
C. D. RHAMES: April term, 1935; City Court of Bainbridge; driving auto while intoxicated; 4 months at State Farm, and 8 months on probation; recommended by judge, solicitor, and others; probated June 12, 1935.
OBE REID: August term, 1935; Superior Court of Irwin County; having liquor; 12 months; recommended by judge upon payment of $50 fine; probated June 21, 1935.
LEWIS REED: June term, 1935; City Court of Decatur Ga.; having and transporting liquor; $50 or 3 months; recommended by judge and solicitor; probated June 26, 1935.
INEZ RICHARDS: September term, 1934; Criminal Court of Fulton County; vagrancy; 12 months; recom-

THURSDAY, jANUARY 14, 1937.

463

mended by trial judge, solicitor, and probation officer; probated July 1, 1935.
WILLIE ROBINSON: June term, 1935; City Court of Decatur; operating pool rooms; 6 months and 6 months; recommended by trial judge and solicitor; good prison record; probated August 7, 1935.
MILLIARD RHIMES: October term, 1934; Superior Court of Clay County; liquor; 12 months and 6 months; recommended by State Farm superintendent and warden, good prison record; probated August 15, 1935.
LEONARD RICHARDS: January term, 1935; Superior Court of Stephens County; misdemeanor; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
BIRD RAMSEY: January term, 1935; Superior Court of Stephens County; misdemeanor; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
ARTHUR RAY: February term, 1935; Superior Court of Cobb County; larceny of chickens; 12 months; recommended by trial judge; probated September 6, 1935.
HENRY RILEY: March term, 1935; Superior Court of Fulton County; false swearing; 12 months; recommended by trial judge and county physician; probated September 11, 1935.
SAM RUSSELL: July term, 1935; City Court of Sandersville; possessing liquor; 10 months; recommended by sheriff, chief of police, mayor, and clerk of superior court; probated October 11, 1935. Not recommended by Prison Commission.
TOM ROLLINS: May term, 1935; Superior Court of Meriwether County; possessing liquor; $50 or 12 months; recommended by judge, sheriff, and other county officials; probated October 15, 1935.

464

JouRNAL OF THE SENATE,

P. H. RIVERS: June term, 1935; Criminal Court of Fulton County; attempted larceny; 12 months; recommended by judge and solicitor; probated October 29, 1935.
KELLY RHODENBERRY: November term, 1933; City Court of Blackshear; simple larceny; 6 months; recommended by judge; warden and others, probated October 30, 1935.
ALONZO ROBERTS: July term, 1935; Criminal Court of Fulton County; attempted larceny; 6 months; recommended by judge, solicitor and others; probated November 1, 1935.
WICK REEVES: October term, 1935; City Court of Newnan; drunk on highway; 6 months; recommended upon payment of fine of $65; probated November 8, 1935.
WILL ROSS: October term, 1934; Criminal Court of Fulton County; possessing liquor; 8 months; $125 and 8 months; $75 and 6 months; recommended by judge, solicitor and others; probated November 20, 1935.
DUDE ROBERTS: October term, 1935: Superior Court of Lumpkin County; misdemeanor; 12 months; recommended by trial judge; probated December 12, 1935.
WILL ROWLAND: September term, 1935; City Court of Eastman; drunkenness; 12 months; recommended by trial judge; probated December 30, 1935.
CLYDE SMITH: December term, 1934; Criminal Court of Atlanta; possessing liquor; 6 months; recommended by trial judge; probated January 4, 1935.
FRANK SCOTT: July term, 1934; Superior Court of Fulton County; cow stealing; 12 months; recommended by trial judge and chief probation officer; probated January 11, 1935.
MARK SWEATMAN: October term, 1934; Criminal Court of Atlanta; drunk on highway; 12 months; recom-

THURSDAY, JANUARY 14, 1937.

465

mended by trial judge, solicitor, and chief pwbation officer; probated January 9, 1935.
JOHN SHAMBURGER: September term, 1934; Criminal Court of Atlanta; violating prohibition law; $300 fine and 12 months; recommended by assistant chief probation officer and solicitor; probated January 15, 1935 upon payment of $150 fine.
J. R. SHIRLEY: April term, 1934; Criminal Court of Atlanta; possessing liquor; $250 and 12 months; recommended by trial judge, solicitor, and chief probation officer; probated January 23, 1935.
CLYDABELL SIMS: January term, 1935; City Court of Decatur, Ga.: possessing liquor; 6 months; recommended by trial judge, assistant solicitor; probated February 14, 1935.
GUS SHINALL: January term, 1935; Superior Court of Bartow County; drunk; 7 months: recommended by sheriff, clerk of court, Pastor Baptist Church, Senator Crawford, and Representatives Peebles and Felton of Bartow County; probated March 1, 1935.
JOHN SMITH: November term, 1934; Superior Court of Cook County; having liquor; 12 months; recommended by solicitor, clerk of court, sheriff, and large number of citizens; probated March 12, 1935.
TILLMAN STRICKLAND: ........ term, 1934; Superior Court of Long County; violating prohibition law; $50 or 12 months; recommended by trial judge; probated March 25, 1935.
BILL SAYNE: April term, 1934; Criminal Court of Atlanta; possessing liquor; 12 months and 12 months; recommended by trial judge, solicitor, and chief probation officer; probated March 25, 1935.
JOHN SLATE: February term, 1935; City Court of Decatur, Ga.; having liquor; 12 months and 4 months sus-

466

JOURNAL OF THE SENATE,

pended; recommended by trial judge and solicitor; probated March 26, 1935.
GRADY SMITH: December term, 1934; Criminal Court of Atlanta; attempted burglary; 12 months; recommended by trial judge, solicitor, and chief probation officer; probated March 27, 1935.
CLIFF SHUMAKE: September term, 1934; Superior Court of Douglas County; manufacturing liquor; 12 months: good prison record; recommended by trial judge; probated March 28, 1935.
HENRY SHEPARD: September term, 1934; Criminal Court of Fulton County; possessing intoxicating liquor; 4 months, $50 and 6 months; recommended by chief probation officer and solicitor; probated April 12, 1935.
CLIFF SMITH: February term, 1935; Superior Court of Fulton County; misdemeanor (concealed weapons); 12 months, 6 months to follow; recommended by judge and probation officer; probated April 25, 1935.

ROY STRICKLAND: October term, 1934; Superior Court of Heard County; drunkenness; 12 months; recommended by trial judge, clerk of Superior Court and number of citizens of Heard County; probated May 11, 1935.

ED SPARKS: April term, 1935; City Court of Decatur, Ga.; lottery; $100 and 3 months, or 6 months; recommended by trial judge, solicitor; probated May 8, 1935 upon payment of $25 fine.

DOYAL SMITH: April term, 1935; City Court of Decatur, Ga.; larceny from house; 12 months; recommended by trial judge and solicitor; probated May 15, 1935.

HOWARD SMITH (B): March term, 1935; City Court of Decatur; simple larceny; 3 months; recommended by trial judge and solicitor; probated May 15, 1935.

THURSDAY, jANUARY 14, 1937.

467

JAMES SIMS: January term, 1935; City Court of Decatur; possessing liquor; $100 or 6 months in 2 cases; recommended by trial judge and solicitor; probated May 15, 1935.
B. H. SMITH: May term, 1934; Criminal Court of Atlanta; possessing liquor; $750 and 12 months; $250 and 12 months; recommended by trial judge, solicitor, and probation officer; probated May 24, 1935.
W. C. SMITH (Col.): February term, 1935; Criminal Court of Fulton County; simple larceny; $50 or 6 months; recommended by judge and solicitor; probated May 27,1935.
HUGH STEELE: March term, 1935; Superior Court of Fulton County; misdemeanor; 6 months; recommended by solicitor-general and judge; probated May 23, 1935.
GOSS SMITH: October term, 1934; City Court of Danielsville; possessing liquor and being drunk at private residence; 8 months or $85; recommended by judge and solicitor; probated June 6, 1935.
MURT SHEPPARD: January term, 1934; City Court of Carrollton; carrying pistol without license; 12 months, 12 months, and 12 months; recommended by trial judge and others; probated June 21, 1935.
EUGENE SMITH: February term, 1935; Superior Court of Floyd County; misdemeanor; 6 months; recommended by solicitor; probated June 21, 1935.
MORRIS SHAPIRO: January term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; 4 months and 6 months; recommended by probation officer, solicitor and trial judge; probated June 27, 1935.
JAMES SMITH: May term, 1935; City Court of Waycross; misdemeanor, hoboing; 4 months or $15; recommended by trial judge, solicitor, and attending physician; probated June 28, 1935.

468

JouRNAL oF THE SENATE,

D. L. SMITH: March term, 1935; Superior Court of Paulding County; misdemeanor; 16 months; recommended by trial judge and also large number of citizens of county; probated July 2, 1935.
PEARL SUMNER: February term, 1935; Superior Court of Cherokee County; misdemeanor; 12 months; recommended by judge and solicitor; probated July 8, 1935.
OWEN SEARS: February adjourned term, 1934; Superior Court of Jackson County; misdemeanor; 12 months, 12 months, 12 months, and 12 months; recommended by trial judge; probated July 11, 1935.
WILLIAM SWAN: April term, 1935; Criminal Court of Fulton County; attempted larceny; 6 months; recommended by trial judge; probated July 24, 1935.
PERVIS SIMS: May term, 1935; Criminal Court of Fulton County; attempted burglary; 12 months; recommended by trial judge and solicitor; probated July 26, 1935.
JOHN HENRY SHOCKLEY (B): February term, 1935; Superior Court of Hall County; misdemeanor; 12 months; recommended by judge and solicitor; probated July 24, 1935.

W. T. SPELL: March term, 1935; City Court of Jesup; liquor; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
A. L. SPEARS: March term, 1935; Superior Court of Muscogee County; liquor; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 15, 1935.

GENE SHERIFF: May term, 1935; City Court of Hall County; misdemeanor; 12 months; recommended by trial judge and several responsible citizens in Gainesville; prObated August 26, 1935.

THURSDAY, jANUARY 14, 1937.

469

LEE SMITH: August term, 1935; Criminal Court of Fulton County; operating car while drunk; $50 or 12 months; recommended by trial judge and solicitor; probated September 5, 1935.
WALTER SANDERS: August term, 1935; Criminal Court of Fulton County; operating auto while intoxicated; $25 or 3 months; recommended by trial judge and solicitor; probated September 11, 1935.
HENRY SAMUELS: July term, 1935; Superior Court of Richmond County; assault to murder; 12 months; recommended by trial judge; probated September 11, 1935.
JOSEPHINE SCURRY: May term, 1935; Superior Court of Bacon County; misdemeanor; 12 months; recommended by trial judge on payment of $50 fine; probated September 23, upon payment of $50 fine.
OLLIE STEBBINS: February term, 1935; Superior Court of Bibb County; larceny of auto; 12 months; recommended by judge, solicitor, prosecutor, sheriff and others; probated October 4, 1935.

L. A. STROUPE: October term, 1935; Superior Court of Walton County; selling mortgaged property; 5 months; recommended by trial judge, solicitor, sheriff and prosecutor; probated October 7, 1935.

JAMES SIMPSON: September term, 1935; City Court of Decatur; drunk at public place; 12 months; recommended by trial judge and solicitor; probated October 11, 1935.

EMMA SORROW: June term, 1935; Criminal Court of Fulton County; vagrancy; 12 months; recommended by trial judge and solicitor; probated October 30, 1935.

ED STINSON: May term, 1935; City Court of Decatur; possessing liquor; 12 months; recommended by solicitor, judge and others; probated October 31, 1935.

470

JoU:RNAL OF THE SENATE,

HARVEY SKELTON: August term, 1935; Superior Court of Forsyth County; misdemeanor; 6 months or $60; recommended by jurors, trial judge, and solicitor; probated November 2, 1935.
FISHER SEASE: June term, 1935; Superior Court of Fulton County; defrauding; 12 months; applicant served approximately 5 months of sentence; bad health; probated November 13, 1935.
HUBERT SMITH: September term, 1935; Criminal Court of Fulton County; carrying concealed weapons; $50 or 6 months; recommended by judge and solicitor; probated N ovemher 27, 1935.
CHARLIE SMITH: October term, 1935; Criminal Court of Fulton County; operating auto while drunk; 6 months; recommended by trial judge and solicitor; probated December 3, 1935.
ROY SMITH: September term, 1935; Criminal Court of Fulton County; possessing liquor; $75 or 12 months; recommended by judge and solicitor; probated November 30, 1935.
MATTIE L. SMITH: June term, 1935; Criminal Court of Fulton County; possessing liquor; $100 or 8 months; recommended by judge and solicitor; probated December 12, 1935.
ANDREW STARR: November term, 1935; City Court of Newnan; misdemeanor; $50 or 6 months; recommended by judge and solicitor upon payment of fine of $40; probated December 12, 1935 upon payment of $40 fine.
A. L. St. JOHN: September term, 1935; Criminal Court of Fulton County; simple larceny; 12 months; recommended by. judge and solicitor; probated December 20, 1935.
LUKE TURNER: February term, 1934; Superior Court of Bibb County; violating prohibition law; 12 months; good record; recommended by warden for valuable assistance

THURSDAY, JANUARY 14, 1937.

471

rendered by this negro in identifying an escaped prisoner; probated January 2, 1935.
ERNEST TURNER: September term, 1934; City Court of Decatur, Ga.; having liquor; $750 and 10 months, 6 and 6 months; good prison record; recommended by trial judge and solicitor; probated January 9, 1935.
NEELY THOMAS: August term, 1934; City Court of Millen; carrying pistol; 6 months; recommended by trial judge; probated January 11, 1935.
HARRY ALIAS LEE THOMAS: June term, 1934; Criminal Court of Atlanta; possessing liquor; $100 or 8 months and $150 or 12 months; recommended by trial judge and solicitor; probated February 25, 1935.
HERSCHEL TUCKER: September term, 1934; Superior Court of Douglas County; manufacturing liquor; 12 months; recommended by trial judge and warden; probated March 29, 1935.
GEORGE TURNER: November term, 1934; Superior Court of Greene County; simple larceny; 12 months; recommended by trial judge, solicitor, and county officers; probated June 1, 1935.
LOUIE TUGGLE: November term, 1934: Superior Court of Paulding County; liquor; $100 or 12 months; recommended by trial judge; probated June 21, 1935.
HOMER THOMASON: December term, 1934; Superior Court of Cherokee County; misdemeanor; 12 and 2 months; recommended by. trial judge; probated November 13, 1935~
DOCK TAYLOR: September term, 1935; City Court of Polk County; being drunk; 6 months; recommended by solicitor; probated November 27, 1935.

E. E. TURNER: September term, 1935; Criminal Court of Fulton County; cheating and swindling; 6 months; rec-

472

JouRNAL oF THE SENATE,

ommended by trial judge, ptobation officer, and solicitor; probated December 23, 1935.
OTIS THIGPEN: March term, 1935; City Court of Soperton; stealing; 12 months; recommended by trial judge; probated December 20, 1935.
M. L. VEASLEY: February term, 1935; Superior Court
of Fulton County; robbery (misdemeanor); 12 months; recommended by trial judge, solicitor, and probation officer; probated September 11, 1935.
DICKSON WILLIAMS: March term, 1935; City Court of Carrollton; possessing liquor; 12 months; recommended by trial judge and solicitor; probated June 17, 1935.

VIOLA WILLIAMS: October term, 1934; Criminal Court of Atlanta; possessing liquor; 4 months or $50; recommended by trial judge, chief probation officer, and solicitor; probated January 23, 1935.

ELMER WEAVER: October term, 1934; City <;:ourt of Polk County; drunkenness; 12 months; recommended trial judge, solicitor, clerk of court, and others; probated February 13, 1935.

DAN L. WOOD: November term, 1934; Criminal Court of Atlanta; misdemeanor, operating car while intoxicated; $50 and 12 months, $25 and 6 months; recommended by trial judge, solicitor, and chief probation officer; probated February 14, 1935.

JIM WALKER: September term, 1934; Criminal Court of Atlanta; possessing liquor; 12 months; recommended by trial judge, chief probation officer, and solicitor; probated February 14, 1935.

HAROLD WHITE: August term, 1934; City Court of Sylvania; drunk; 12 months; recommended by trial judge; probated March 4, 1935.

THURSDAY, jANUARY 14, 1937.

473

JOHN WEST: October term, 1934; Superior Court of Greene County; larceny; 12 months; recommended by trial judge; probated April 24, 1935.
DICK WHORTON: January term, 1933; Superior Court of Floyd County; possessing liquor; 12 months, 6 months in jail, $1,000; recommended by trial judge, solicitor; probated May 1, 1935 on payment of $350 fine.
FRED WADE: September term, 1934; Superior Court of Polk County; burglary; 1 to 3 years; recommended by prison inspector and camp physician; probated June 17, 1935.
PERRY WHITE: November term, 1934; City Court of Macon; violating prohibition law; 12 months or $50; recommended by trial judge upon payment of fine of $50; probated June 21, 1935.
RICHARD WOODY: December term, 1934; City Court of Richmond County; larceny from house; 12 months; recommended by trial judge; prison record good; probated June 21, 1935.
WASH 'WINN: January term, 1935; Criminal Court of Fulton County; assault and battery; 9 months; recommended by trial judge, solicitor, and chief probation officer; probated June 26, 1935.
PETER WILSON: May term, 1935; Superior Court of Decatur County; hog stealing; 12 months; recommended by judge, Superior Court and county physician; probated June 26, 1935.
ROY WILSON: December term, 1934; Superior Court of Fulton County; larceny of auto; 12 months; recommended by trial judge; probated July 2, 1935.
ENNIS WADLEY ALIAS EMMETT WADLEY (B): April term, 1935; Criminal Court of Fulton County; carrying concealed weapons; 6 months; recommended by trial judge, solicitor, probation officer, and others; probated July 8, 1935.

474

JouRNAL OF THE SENATE,

A. R. WRIGHT: November term, 1934; City Court of
Wrightsville; simple larceny; 12 months; recommended by trial judge, solicitor, and prosecutor; probated July 16, 1935.
FRANK WILLIAMS: March term, 1935; Criminal Court of Fulton County; possessing liquor; $75 or 8 months; recommended by judge and solicitor; probated July 26, 1935.
H. E. WILLS: October term, 1934; Criminal Court of Fulton County; simple larceny; 12 months and 12 months; recommended by judge, solicitor, and probation officer; probated July 30, 1935.
HIRAM WHATLEY: June term, 1935; Superior Court of Calhoun County; public drunkenness; 12 months (8 months and 4 months on probation); recommended by judge and solicitor; probated August 14, 1935.
ROBERT WILSON: April term, 1935; Superior Court of Crisp County; liquor; 9 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
LEONARD WILLIAMS: March term, 1935; Superior Court of Gordon County; drunk; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
C. M. WILSON: February term, 1935; Superior Court of Fulton County; misdemeanor; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
WILL WILLIAMS: March term, 1935; City Court of Macon, Ga.; misdemeanor; 12 months; recommended by superintendent of State Farm and warden; good prison record; probated August 16, 1935.
RILEY WHITEHEAD: November term, 1934; Superior Court of Muscogee County; assault to murder; 12 months; recommended by trial judge; good prison record; probated September 5, 1935.

THURSDAY, jANUARY 14, 1937.

475

ARLENE WOOD: June term, 1935; Criminal Court of Fulton County; possessing liquor; 3 months in 2 cases; recommended by trial judge and solicitor; probated September 5, 1935.
W. M. WILSON: November term, 1934; Criminal Court of Fulton County; wife beating; 12 months; recommended by trial judge, solicitor, and chief probation officer; prObated September 11, 1935.
D. WILBANKS: July term, 1935; City Court of Cartersville; violating prohibition law; 7 months; recommended by trial judge; probated September 11, 1935.
WILLIE WATERS: July term, 1935; Superior Court of Tift County; stealing ride on train; 6 months or $25; recommended by trial judge; probated September 24, 1935.
JOHN WILKS: May term, 1935; simple larceny; Criminal Court of Atlanta; 8 months; recommended by judge and solicitor; probated October 4, 1935.
WALT WOODS: April term, 1935; Superior Court of Stephens County; misdemeanor; 12 months; recommended by judge, solicitor, sheriff, and others; probated October 4, 1935.
JOHN WATSON: April term, 1935; Criminal Court of Fulton County; assault and battery; possessing liquor; 6 months in each case; recommended by judge and solicitor; probated October 28, 1935.
MATTIE WARREN: July term, 1935; City Court of Richmond County; larceny from house; 12 months; recommended by judge; probated November 7, 1935.
WILLIE C. WALL: July term, 1935; Criminal Court of Fulton County; attempted larceny; 6 months; recommended by judge and solicitor; probated November 15, 1935.
PEARL WELCH: May term, 1935; City Court of Colquitt County; lewd house; 12 months and 12 months; recommended by judge; probated November 13, 1935.

476

JOURNAL OF THE SENATE,

W. C. WORRILL: October term, 1935; Superior Court of Ben Hill County; having liquor; 12 months or 4 months and $50; recommended by trial judge, solicitor, and clerk of court upon payment of $50 fine; probated November 18, 1935 on payment of $50 fine.
JOHN L. WATTS: May term, 1935; City Court of Lexington, Ga.; larceny from house; $75 or 12 months; recommended by judge and solicitor; probated November 20, 1935.
TOBE WILSON: May term, 1934; Superior Court of Sumter County; burglary; 12 months; recommended by trial judge; probated October 10, 1935.
SAM WILBURN: May term, 1935; Criminal Court of Fulton County; operating auto while intoxicated and possessing intoxicating liquor; $50 and 6 months, $50 and 4 months; recommended by judge and solicitor; probated November 23, 1935.
ROBERT WHITE: June term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $150 or 12 months; recommended by judge and solicitor; probated December 12, 1935.
SYLVESTER WILSON: April term, 1932; Superior Court of Ben Hill County; misdemeanor, stealing chickens; 12 months; recommended by trial judge and chairman, county commissioners; probated December 17, 1935.
E. H. WILKINS: September term, 1935; Superior Court of Up.son County; possessing liquor; 12 months or $100; recommended by judge and solicitor; probated December 20, 1935.
CHARLIE WRIGHT: May term, 1935; Superior Court of Douglas County; liquor; 12 months; recommended by trial judge; probated December 20, 1935.
FRED WEST: September term, 1935; City Court of Carrollton; possessing liquor (misdemeanor) 12 months;

THURSDAY, jANUARY 14, 1937.

477

recommended by trial judge, ordinary, clerk of court, and other citizens, probated December 23, 1935.
OLIVER WEST: July term, 1935; Criminal Court of Fulton County; violating motor law; 3 months; 3 months and 3 months; recommended by trial judge, solicitor, and probation officer; probated December 23, 1935.
MRS. ANNIE WHITE: August term, 1935; Superior Court of Cobb County; misdemeanor; 12 months and 12 months; recommended by judge and solicitor; probated December 30, 1935.
CHAS. B. YOUNG: March term, 1935; Criminal Court of Fulton County; possessing liquor; $200 and 12 months; recommended by judge and solicitor; probated September 24, 1935.
SPECIAL PROBATIONS-1935
JOE CLANCEY: December term, 1934; Criminal Court of Atlanta; possessing liquor; $25 or 6 months; probation granted January 18, 1935.
WALT CHAPMAN: September term, 1934; Superior Court of Jasper County; having liquor; 12 months or $80; probated January 17, 1935.
WILLIE JOE ALLEN: August term, 1935; Criminal Court of Fulton County; simple larceny; 12 months; probated November 30, 1935.
SALLIE BRINSON: March term 1935; City Court of Swainsboro; drunk on highway; 12 months; probation granted September 27, 1935.
MRS. W. 0. BROWN: April term, 1935; Superior Court of Floyd County; possessing liquor; 12 months; prObated September 27, 1935.
MRS. MATTIE BLACK: April term, 1935: Criminal Court of Fulton County; simple larceny; 12 and 6 months; probated September 27, 1935.

478

JouRNAL OF THE SENATE,

MOLLIE BROWN: March term, 1935; City Court of Douglas, Ga.; misdemeanor; 12 months; probated September 27, 1935.
MINNIE IVEY: August term, 1935; City Court of Thomasville; misdemeanor; 6 months; probated September 27, 1935.
MRS. JOHN B. LINGERFELT: November term, 1934; Superior Court of Hall County; misdemeanor; 12 months; probated September 27, 1935.
PLUMMETT STEWART: March term, 1935; Superior Court of Ben Hill; larceny from house: 12 months; probated September 27, 1935.
MRS. WILEY WEHUNT: February term, 1935; Superior Court of Jackson County; disorderly house; 12 months; ptobated September 27, 1935.
JESSIE MAE WEHUNT: February term, 1935; Superior Court of Jackson County; vagrancy; 12 months; probation granted September 27, 1935.
STELLA GILLIARD: March term, 1935; City Court of Douglas; misdemeanor; 12 months; probated September 27, 1935.
PEARL THOMPSON: May term, 1935; Superior Court of Paulding; vagrancy; 12 months; probated September 27, 1935.
ROY ARMSTEAD: September term, 1929; Superior Court of DeKalb County; burglary; 12 months; recommended by the warden and solicitor; probated November 4, 1935.

SPECIAL PROBATIONS-1936-Through January 12, 1937.
JIMMIE ABRAHAM: October term, 1935; Superior Court of Fulton County; larceny of auto; 12 months; recommended by judge; probated January 6, 1936.

THURSDAY, JANUARY 14, 1937.

479

HOWARD ADAMS: September term, 1935; Superior Court of Franklin County; misdemeanor; 9 months; recommended by judge and solicitor; probated February 7, 1936.
THOMAS ALBERT: February term, 1936; Criminal Court of Fulton County; possessing liquor; 2 months; 2 weeks; 6 months; recommended by judge and solicitor; probated April 6, 1936.
J. E. ALLEN: February term, 1936; Criminal Court of Fulton County; stabbing; $50.00 or 6 months; recommended by judge and solicitor; probated April 7, 1936, upon payment of $25.00 fine.
H. T. ANDERSON: October term, 1935; Criminal Court of Fulton County; operating auto, intoxicated, intoxicated on highway; 12 months and 3 months; recommended by judge and solicitor; probated April 22, 1936.
RALPH ANDERSON: April term, 1935; Superior Court of Lumpkin County; misdemeanor; 12 months and 12 months; recommended by trial judge; probated May 28, 1936.
MARY ARMOUR, ALIAS JOHNSON: January term, 1936; Criminal Court of Fulton County; possessing liquor; $50.00 or 4 months, and 3 months; recommended by trial judge and solicitor; good prison record; probated May 28, 1936.
WALTER ANDERSON: February term, 1936; Superior Court of Candler County; burglary; 12 months; recommended by judge; probated June 24, 1936.
ZANIE ASKEW: March term, 1936; City Court of Decatur; operating auto, drunk; 12 months; recommended by solicitor and judge; probated June 26, 1936.
W. H. ADAMS: March term, 1936; Superior Court of Fulton County; larceny after trust; 12 months and 6 months in jail; recommended by trial judge on payment of $120.00 ($15 per month); probated July 11, 1936.

480

JouRNAL OF THE SENATE,

LOUIS ARMOUR: June term, 1936; Criminal Court of Fulton Coimty; carrying concealed weapon and carrying pistol without license; $20.00 and 3 months; $15.00 and 3 months; recommended by judge and solicitor; probated July 23, 1936.
EMMETT AMY: July term, 1936; Criminal Court of Fulton County; assault and battery; $50.00 or 6 months; recommended by judge and solicitor; probated September 14, 1936.
BATTlE ARNOLD: August term, 1936; Criminal Court of Fulton County; lottery; $50.00 or 4 months; recommended by trial judge; good prison record; probated October 14, 1936.
EUGENE ADAMS: July term, 1936; City Court of Ellaville; simple larceny; 12 months; recommended by solicitor and others; probated October 14, 1936.
CAPUS ABERNATHY: May term, 1936; Superior Court of White County; misdemeanor; 12 months; recommended by commissioner and attending physician; probated November 10, 1936. Not recommended by Prison Commission.
ELMER ALLEN: November term, 1936; City Court of Buford; abandonment; $100.00 or 12 months; recommended by trial judge; probated November 20, 1936.
LOUISE BROWN: March term, 1935; City Court of Floyd County; stabbing; 12 months and 12 months; recommended by trial judge; probated January 14, 1936.
JAMES BROWN: June term, 1935; Superior Court of Richmond County; misdemeanor; 12 months; recommended by judge; probated January 9, 1936.
WILLIAM BEEKS: September term, 1935; Superior Court of DeKalb County; rape; 12 months; recommended by trial judge; probated January 10, 1936.

THURSDAY, jANUARY 14, 1937.

481

JOHN BELL: October term, 1935; City Court of Newnan; misdemeanor; 6 months; recommended by judge upon payment of $20.00; probated January 22, 1936, on payment of $20.00 fine.
SAM BENTLEY: September term, 1935; Superior Court of Baker County; cow stealing; 12 months; recommended by judge and others; probated February 25, 1936.
WOODWARD BRACKETT: March term, 1935; Criminal Court of Fulton County; larceny of auto; 11 months and 6 months; recommended by judge and solicitor; probated February 26, 1936.
SIDNEY BAYNES: April term, 1935; Criminal Court of Fulton County; stabbing, escape; 12 months and 12 months; recommended by judge and solicitor; probated March 13, 1936.
MAUDELLE BYARS: August term, 1935; Superior Court of Crisp County; fornication; 12 months; recommended by judge; probated March 17, 1936.
RALPH BOSTWICK: January term, 1936; Superior Court of Fulton County; burglary; 12 months; recommended by judg~ and solicitor; probated March 18, 1936.
BOSSIE, ALIAS PEARLINE BYRD: December term, 1935; Superior Court of Bryan County; misdemeanor; 12 months and 6 months; recommended by judge and solicitor; probated March 16, 1936.
CLEVELAND BROOKS: February term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated March 31, 1936.
ISADORE BRANCH: October term, 1935; City Court of Millen; disturbing divine worship; 9 months; recommended by judge, camp physician, and chairman of county commissioners; probated April 3, 1936.

482

JouRNAL OF THE SENATE,

HOWARD BENTON: March term, 1936; Superior Court of Fulton County; carrying concealed weapons; assault with intent to murder; $25.00 or 3 months and 12 months; recommended by judge on payment of $25.00 fine; probated April 7, 1936.

J. T. BOYD: January term, 1936; Superior Court of Fulton County; burglary; 12 months; recommended by judge; probated April 14, 1936.

JAMES BLACKSTER: September term, 1935; Criminal Court of Fulton County; carrying concealed weapon; 10 months; recommended by judge and solicitor; probated April 14, 1936.

S. 0. BEDFORD: December term, 1935; Superior Court of DeKalb County; burglary; 12 months; recommended by judge and solicitor; probated April 14, 1936.

FLOYD BROWN: September term, 1935; Criminal

Court of Fulton County; fornication and adultery; 12

months; recommended by judge and solicitor; probated

April 30, 1936.



CECIL BOLTON: December term, 1935; City Court of Sylvania; misdemeanor; 12 months; recommended by trial judge; probated April 28, 1936.

FRANK BARTON: March term, 1936; Criminal Court of Fulton County; wife beating; $50.00 and 12 months; recommended by judge, solicitor and chief probation officer; probated April 20, 1936.

BILL BURDEN: July term, 1935; Superior Court of H~ralson County; misdemeanor; 12 months; recommended
by judge; probated May 9, 1936.

MELVIN BROWN: April term, 1936; City Court of Newnan; pistol; 6 months or $50.00; recommended by judge and solicitor; probated May 13, 1936.
S. J. BROWN: November term, 1935; Criminal Court
of Fulton County; simple larceny, operating auto, intaxi-

THURSDAY, jANUARY 14, 1937.

483

cated; $25.00 or 3 months, $50.00 or 6 months; recommended by judge and solicitor; probated May 14, 1936.
S. T. BROWN: September term, 1935; Superior Court of Gwinnett County; misdemeanor; 12 months; recommended by chairman and county officials; probated May 19, 1936.
CHARLIE BROWN: April term, 1936; Criminal Court of Fulton Couhty; simple larceny; $25.00 or 3 months; recommended by judge and solicitor; probated May 27, 1936.
PETER BEDFORD: March term, 1936; City Court ofSylvania; drunk and disorderly; 8 months; recommended by judge on payment of $25.00 fine into court; probat~d May 27, 1936.
CLEVE BLALOCK: February term, 1936; Superior Court of Polk County; manufacturing liquor; 12 months; recommended by judge and others; probated May 28, 1936.
ED BATES: April term, 1936; Criminal Court of Fulton County; possessing liquor; $25.00 or 3 months; recommended by judge and solicitor; probated May 28, 1936.
OTIS BRYANT: December term, 1925; Superior Court
of Hart County; possessing liquor; i2 months; recom-
mended by trial judge, sheriff and solicitor; probated June 10, 1936.
LULA BLAKE: December term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $150.00 and 12 months; recommended by trial judge, solicitor, and probation officer; probated June 11, 1936.
WILL BROWN: November term, 1935; Superior Court of Fulton County; burglary; 12 months; recommended by probation officer; probated June 22, 1936.

484

JouRNAL OF THE SENATE,

C. W. BAGBY: January term, 1936; Superior Court of Fulton County; burglary; 12 months; recommended by trial judge; probated June 24, 1936.
OTIS BROWN: April term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; 12 months and $10,0; recommended by trial judge and solicitor; prObated July 6, 1936.
RAYMOND BELL: March term, 1936; City Court of Newnan; misdemeanor (pistol); 12 months; recommended by judge and solicitor; probated July 9, 1936.
RALPH BOSTWICK: April term, 1936; Superior Court of Fulton County; burglary; 12 months; recommended by judge and solicitor; probated July 9, 1936.
TOM BYRD: April term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by judge and solicitor; probated July 9, 1936.
EMMA LOU BRADY: December term, 1935; Criminal Court of Fulton County; disorderly house; 12 months; recommended by judge and solicitor; probated July 8, 1936.
HENRY BILLINGS: October term, 1935; City Court of Colquitt County; stabbing; 12 months; recommended by solicitor and others; probated July 8, 1936.
ROBERT BURNETT: May term, 1936; Criminal Court of Fulton County; simple larceny; 4 and 6 months; recommended by trial judge and solicitor; probated July 24, 1936.
J. C. BRAY: May term, 1936; Superior Court of Meriwether County; possessing liquor; 12 months or $50; recommended by clerk of court, sheriff, warden and chief of police: probated July 23, 1936, on payment of $41.50 fine.
BUNYAN BLALOCK: April term, 1936; Superior Court of Union County; public drunkenness; 12 months

THURSDAY, JANUARY 14, 1937.

485

and 12 months; recommended by trial judge, solicitor, and others; probated July 28, 1936.
CLIFFORD BAKER: June term, 1936; Superior Court of Fulton County; assault to murder; 12 months; recommended by judge and others; probated July 31, 1936.
LUTHER BREEDLOVE: May term, 1936; City Court of Decatur; simple larceny; 12 months; recommended by judge and solicitor; probated September 15, 1936.
EDDIE C. BAKER: July term, 1936; Superior Court of Fulton County; larceny of auto; 6 months; recommended by judge; probated September 23, 1936.
VIDA PEARL BOHANNON: June term, 1936; City Court of Dodge County; vagrancy; 12 months; recommended by judge; probated September 23, 1936.
JACK BAGLEY: May term, 1936; City Court of Decatur; stealing wire; 12 months; recommended by judge and solicitor; probated September 24, 1936.
HOMER BYRD: May tetm, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $100 and 8 months; recommended by trial judge and solicitor; probated September 28, 1936.
OLIN BOATWRIGHT: April term, 1936; Superior Court of Gordon County; misdemeanor; 8 months, recommended by trial judg~; probated September 28, 1936.
ROBERT BUTLER: June term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; 4 and 6 months; recommended by trial judge and solicitor; prObated October 5, 1936.
JOE R. BATTLE: July term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated October 14, 1936.
J. A. BAXTER: September term, 1936; Criminal Court of Fulton County; simple larceny; $25 or 3 months; recom-

486

JouRNAL OF THE SENATE,

mended by .trial judge and solicitor; probated October 28, 1936.
JESSE BROWN: May term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by trial judge; probated November 10, 1936.
LEE BOWMAN: March term, 1936; Superior Court of Houston County; burglary; 12 months; recommended by trial judge and solicitor; probated November 10, 1936.
R. N. BRITT: September term, 1935; Superior Court of Fulton County; forgery; 12 months in 4 cases; recommended by judge and others; probated November 10, 1936.
BUD BRYANT: October term, 1936; City Court of Swainsboro; misdemeanor; 2 months; recommended by trial judge; probated November 13, 1936.
HENRY BELL: August term, 1936; Superior Court of Hart County; misdemeanor; 12 months or $50; recommended by trial judge; probated November 20, 1936.
JOHN DAWSON: October term, 1935; Superior Court of Polk County; drunk; 12 months; recommended by judge and others; probated January 4, 1936.
LILLIAN DRAKE: September term, 1935; City Court of Eastman; vagrancy; 12 months; recommended by judge, solicitor and sheriff; probated February 3, 1936.
JANIE MAE ELLIS ALIAS YOUNG: November term, 1935; Criminal Court of Fulton County; lottery; 6 months; recommended by solicitor and probation officer; probated February 4, 1936.
J. :p. DORSEY: February term, 1935; Superior Court
of Hall County; misdemeanor; 12 and 12 months; recommended by judge; probated February 17, 1936.
LEONARD DILIESHAW: September term, 1935; Criminal Court of Atlanta; simple larceny; 4 months and 3

THURSDAY, jANUARY 14, 1937.

487

months; recommended by judge and solicitor; probated March 10, 1936.
ROBERT DAVIS: December term, 1935; Criminal Court of Fulton County; operating auto while drunk; 6 months; recommended by judge' and solicitor; probated March 10, 1936.
JEFFERSON DAVIS: December term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; $50 and 6 months; recommended by judge and solicitor; prabated March 6, 1936.
JAMES DIXON: June term, 1935; Superior Court of Richmond County; burglary; 12 months; recommended by judge and solicitor; probated March 21, 1936.
HENRY DAVENPORT: December term, 1935; Superior Court of Oconee County; misdemeanor (simple larceny); 6 months; recommended by trial judge and solicitor; probated April 3, 1936.
TOY DANIELS: January term, 1936; Superior Court of Richmond County; burglary; 6 months; recommended by trial judge; probated April 8, 1936.
W. H. (HAMP )DAVIS: October term, 1935; Superior Court of Fulton County; fictitious checks; 12 months and 6 months; recommended by trial judge and chief probation officer; probated April 22, 1936.
JOE DAVIS: December term, 1935; City Court of Swainsboro; simple larceny; 12 months; recommended by trial judge; probated May 13, 1936.
LAURA DANIEL: September term, 1935; Criminal Court of Fulton County; carrying concealed weapons; 12 months; recommended by trial judge and solicitor; probated May 15, 1936.
BUD DeLAY: April term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended

488

JOURNAL OF THE SENATE,

by trial judge, solicitor, and chief probation officer; prObated May 22, 1936.
THOMAS DeYOUNG: April term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by trial judge and solicitor: probated June 10, 1936.
ELISHA DICKEY: April term, 1932; Superior Court of Taylor County; burglary; 10 to 20 years; recommended by clerk of court; ordinary, sheriff; warden and others; good prison record; probated June 18, 1936. Not recommended by Prison Commission.
ROBERT MASHBURN DARNELL: April term, 1936; Criminal Court of Fulton County; wife beating; $50 or 5 months; recommended by judge and solicitor; probated June 26, 1936.
MORRIS W. DORSEY: March term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor and selling liquor; $100 and 6 months in 2 cases; recommended by trial judge and solicitor; probated July 8, 1936.
HORACE DAVIDSON: March term, 1936; City Court of Newnan; stealing chickens; 7 months; recommended by judge, solicitor, and others; probated July 22, 1936.
W. T. DOLLAR: January term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by judge and solicitor; probated August 14, 1936.
WILBURN DOBBS: May term, 1936; Criminal Court of Fulton County; assault and battery; $50 and 5 months; recommended by judge and solicitor; probated September 14, 1936.
ZORA DORSEY: February term, 1936; Criminal Court of Fulton County; liquor; 6 months and 6 months; recommended by judge and solicitor; probated September 26, 1936.
GEORGE DUNN: October term, 1936; City Court of Polk County; drunk; 3 months; recommended by trial judge; probated October 19, 1936.

THURSDAY, JANUARY 14, 19:57.

489

LESTER DAVIS: July term, 1936; Superior Cou of Fulton County; assault with intent to murder; 6 months; recommended by trial judge; probated October 23, 1936.
JOHN DANIEL: June term, 1936; Criminal Court of Fulton County; simple larceny; 8 months; recommended by judge and solicitor; probated October 26, 1936.
JIM CRANE: September term, 1935; Criminal Court of Fulton County; C. C. W. and pointing pistol; 3 months and 3 months; recommended by judge and solicitor; probated January 31, 1936.
MRS. MATTIE COLLIER: April term, 1935; Superior Court of Floyd County; driving while drunk; 12 months; recommended by judge and warden; probated February 4, 1936.
ROBERT CROWLEY: October term, 1935; Criminal Court of Fulton County; possessing liquor; $100 or 12 months; recommended by solicitor and probation officer; probated February 4, 1936.
JOHN D. CHASTAIN: September term, 1935; Superior Court of Franklin County; misdemeanor; 9 months; recommended by judge and solicitor; probated February 7, 1936.
REMBER COFIELD: December term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated February 17, 1936.
BILL CRIDER: August term, 1935; Criminal Court of Fulton County; speeding, possessing liquor; 6 months and 6 months; recommended by trial judge, solicitor, and probation officer; probated February 19, 1936.
HENRY COLQUITT: January term, 1936; City Court of Ellaville; driving while drunk; 12 months; recommended by judge, solicitor, and clerk; probated February 25, 1936.

490

JouRNAL oF THE SENATE,

CHARLES CAMPBELL: January term, 1936; Criminal Court of Fulton County; larceny of auto; 12 months and 6 months in jail; recommended by trial judge; probated March 4, 1936.
H. F. (FRANK) CAIN: December term, 1935; City Court of Buford; misdemeanor; 6 months; recommended by trial judge and others; probated February 29, 1936.
WALTER COOK: June term, 1935; City Court of Carrollton; misdemeanor; 12 months; recommended by judge, solicitor and others; probated March 18, 1936.
HENRY CLARK: November term, 1935; City Court of Colquitt County; misdemeanor; being drunk; 6 months; recommended by trial judge; probated March 27, 1936.
JACK COLLINS: January term, 1936; Superior Court of Fulton County; burglary, larceny of auto; 12 months and 12 months; recommended by trial judge and probation officer; probated April 1, 1936.
J. T. CUNNINGHAM: September term, 1935; Criminal Court of Fulton County; operating auto while drunk; possessing intoxicating liquor; 12 months and 6 months; recommended by judge and solicitor; probated April 7, 1936.
JOE CANTRELL ALIAS J.P. JAMES: March term, 1935; Criminal Court of Fulton County; possessing liquor; $100 and 12 months, $50 and 12 months, $100 and 12 months, consecutively; recommended by trial judge and solicitor; probated April 10, 1936.
FRED COX: January term, 1936; Criminal Court of Fulton County; assault and battery; 6 months; recommended by judge and solicitor; probated April 30, 1936.
BENNIE (B. L.) CLAYTON: September term, 1935; Criminal Court of Fulton County: possessing liquor; 6 months; 6 months and 6 months; recommended by trial judge; probated April 21, 1936.

THURSDAY, jANUARY 14, 1937.

491

NORA CARTER: November term, 1935; City Court of Waycross; petty larceny; 12 months; recommended by trial judge; probated June 17, 1936.
JAMES CLARK: April term, 1936; Criminal Court of Fulton County; simple larceny; $20 and 3 months; recommended by judge and solicitor; probated June 24, 1936.
WILL CONNOR: October term, 1935; Superior Court of Tattnall County; robbery; 12 months; recommended by solicitor, prosecutor and warden; probated July 10, 1936.
J. C. CARPENTER: March term, 1936; Superior Court of Upson County; simple larceny of scrap iron; 12 months; recommended by judge, solicitor, and others; probated July 16, 1936.
FRANK CLARK: November term, 1935; City Court of Hall County; misdemeanor; 12 months; recommended by judge and others; probated July 16, 1936.
OTIS CLARK: May term, 1935; Superior Court of Fulton County; misdemeanor; 12 months and 12 months; recommended by trial judge; probated July 23, 1936.
J. W. CRAWFORD: March term, 1936; Criminal Court of Fultqn County: cheating and swindling, fraud checks; 12 months; recommended by judge and solicitor; probated July 8, 1936.
HUBERT CARROLL: May term, 1936; City Court of Decatur; stealing wire; 12 months; recommended by judge and solicitor; probated September 15, 1936.
FRANK CARVER: July term, 1936; Superior Court of Douglas; drunk on highway; 12 months; recommended by judge; probated September 17, 1936.
W. H. CORN, Jr.: March term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by trial judge; probated September 23, 1936.

492

JouRNAL oF THE SENATE,

JACK CLEMMONS ALIAS JOHNSON ALIAS CLEMENTS: January term, 1936; Criminal Court of Fulton County; liquor; 6 months, $50, 6 months, $25 and 3 months; recommended by judge and solicitor; probated October 14, 1936.
GUY CLARKE: May term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by trial judge; probated October 14, 1936.
ROBERT T. CRAIN: September term, 1936; Superior Court of Barrow County; larceny after trust; $25 or 12 months; recommended by.judge; probated October 23, 1936.
H. P. COLEY: March term, 1936; City Court of Eastman; misdemeanor; 12 months; recommended by trial judge; probated October 28, 1936.
JAMES CARTER: August term, 1936; City Court of Polk County; drunk; 6 months; recommended by trial judge; probated November 9, 1936.
JAMES (CHUCK) CARTER: July term, 1936; City Court of Polk County; being drunk; 6 months; recommended by judge, sheriff, clerk of court and others; prObated November 9, 1936.
V. E. CLOWER: August term, 1936; Criminal Court of Fulton County; operating auto intoxicated; 6 months; recommended by judge and solicitor; probated November 18, 1936.
BEN ENTRIKIN: September term, 1935; City Court of Carrollton; misdemeanor; 8 months; recommended by judge, solicitor, sheriff, and others; probated January 14, 1936.
WILLIE ELDER: November term, 1935; Criminal Court of Fulton County; stabbing, simple larceny; $25 or 3 months and 3 months; recommended by judge and solicitor; probated February 26, 1936.

THURSDAY, JANUARY 14, 1937.

493

GEORGE EYERHART: February t~rm, 1936; Su.... perior Court of Fulton County; burglary and receiving stolen goods; 12 months; recommended by judge and solicitor; probated March 7, 1936.
T. R. ELLIS: September term, 1935; Criminal Court of Fulton County; possessing liquor; 12 months; 6 months and 6 months; recommended by judge and solicitor; probated April 21, 1936.
JOE EASTON: March term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; 4 months; recommended by judge and solicitor; probated May 2, 1936.
JIM EVANS: April term, 1936; Criminal Court of Fulton County; possessing liquor; $50 or 4 months; recommended by judge and solicitor; probated May 27, 1936.
JAMES EVANS: February term, 1936; City Court of Decatur; simple larceny (bicycle); 6 months and 6 months on probation; redommended by trial judge and solicitor; proba~ed May 28, 1936.
JAMES EVANS: March term, 1936; Superior Court of Fulton County; burglary; 12 months; recommended by trial judge on condition applicant make restitution at $10 per month; probated April 13, 1936.
GEORGE ELLIS: April term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $25 or 3 months; recommended by trial judge and solicitor; good prison record; probated June 10, 1936.
ROBERT EATON ALIAS PITTMAN: December term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor and operating car while intoxicated; $75 and 6 months; $100 and 6 months; recommended by trial judge, solicitor, and probation officer; probated June 11, 1936.
H. G. EVANS: December term, 1935; Superior Court of Fulton County; fictitious checks; 9 months; recommended by judge; probated June 25, 1936.

494

JouRNAL OF THE SENATE,

BILL EVANS: June term, 1936; Superior Court of DeKalb County.; larceny_ of auto; 4 months or $50; recommended by Judge Davis; probated July 13, 1936.
ED ESCOE: May term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by trial judge; probated September 14, 1936.
WALTER EMMETT: August term, 1936; Superior Court of Fulton County; larceny of auto; 12 months; recommended by trial judge; probated September 23, 1936.
ROBERT ELLISON: May term, 1936; Criminal Court of Fulton County; liquor; $250 and 12 months; recommended by judge and solicitor; probated September 23, 1936.

MURRAY EDWARDS: March term, 1936; Superior Court of Morgan County; possessing liquor; 12 months; recommended by the trial judge; solicitor; warden; probated October 28, 1936.

SPORT FREEMAN: City Court of Griffin; September term, 1935; possessing liquor; 12 months or $75.00; recommended by the solicitor; probated January 13, 1936.

GEO. AND JESSIE FERGUSON: September term, 1935; City Court of Decatur, Georgia; drunk on highway; 12 months; recommended by Judge Frank Guess and solicitor D. P. Phillips; probated January 11, 1936.

LUDIE FALLIN: December term, 1935; Criminal Court of Fulton County; possessing liquor; $50.00 or 4 months; recommended by the judge and solicitor; probated February 13, 1936.

WARD AND WENDALL FOX: June term, 1935; Superior Court of Union County; misdemeanor; 12 months; recommended by the trial judge and solicitor; probated February 26, 1936.

THURSDAY, jANUARY 14, 1937.

495

PAT FLEMING: January term, 1936; Criminal Court of Fulton County; intoxicated in private residence; $25.00 or 3 months; recommended by the judge and solicitor; probated March 3, 1936.
SON FREEMAN (B): July term, 1935; City Court of Griffin, Georgia; misdemeanor; 12 months; recommended by the trial judge; probated March 6, 1936.
A. J. FRAZIER: January term, 1936; Criminal Court of Fulton County; misdemeanor; 4 months; recommended by the judge and solicitor; probated March 24, 1936.
WALTER FISHER: January term, 1936; Superior Court of Fulton County; burglary; fruit stand; 12 months; recommended by the judge; probated March 26, 1936.
JERRY FORD (B): January term, 1936; City Court of Savannah, Georgia; larceny; 4 months; $40.00; recommended by the judge; probated March 27, 1936.
ROBERT FEARS: September term, 1935; CityCourtof Decatur, Ga.; larceny from house; 12 months; recommended by the judge and solicitor; probated July 7, 1936.
JAMES FAMBRO: March term, 1936; Superior Court of Greene County; misdemeanor, larceny; 12 months; recommended by the judge; prosecutor; solicitor-general pro. tern. and others; probated July 23, 1936.
HENRY F. FLEMING: May term, 1936; Criminal Court of Fulton County; vagrancy; 8 months; recommended by the judge and solicitor; probated July 31, 1936.
JOY FORTSON: June term, 1936; City Court of Danielsville, Ga.; drunk; 6 and 4 months; recommended by the judge; probated September 26, 1936.
RENO FOWLER: July term, 1936; City of Decatur, Ga.; simple larceny; 12 months; recommended by the judge and solicitor; probated October 14, 1936.

496

JOURNAL OF THE SENATE,

THOMAS GOBER: November term, 1934; Superior Court of Paulding County; simple larceny, chickens; 12 months and 12 months; recommended by the judge; prObated February 10, 1936.
SAM GERMANY (B): September term, 1935; Superior Court of Richmond County; larceny; 12 months; recommended on order of Judge Franklin; probated February 27, 1936.
A. L. GOODWIN (B): January term, 1936; Criminal Court of Fulton County; speeding; $25.00 or 3 months; recommended by the judge and solicitor; probated March 3, 1936.
JOHN GLENN: November term, 1935; City Court of Jefferson; having liquor; 9 and 6 months; recommended by the judge on payment of $40.00 fine; probated March 18, 1936.
ALLIE GREENWAY: November term, 1935; City Court of Hall County; vagrancy; 12 months; recommended by the judge; probated March 14, 1936.

JIMMIE GLENN, ALIAS BUCK COCHRAN: March term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor and violating motor vehicle law; $100.00 and 6 months; $50.00 and 6 months; $50.00 and 6 months; recommended by the judge, solicitor, probation officer; probated March 28, 1936.

WILLIAM GANDERT: December term, 1935; Criminal Court of Fulton County; possessing liquor $150.00 or 12 months; recommended by chief probation officer and solicitor of the court; probated April 8, 1936.

GUS GILMORE (B): February term, 1935; Superior Court of Monroe County; assault to murder; 12 and 12 months; recommended by the judge; unopposed by sOlicitor; probated April 21, 1936.

. THURSDAY, jANUARY 14, 1937.

497

MILTON CHAMBERS: September term, 1935; City Court of Carrollton; larceny from house; 12 months recommended by judge; solicitor and others; probated July 10, 1936.
BELTON GRAVATT: February term, 1936; City Court of LaGrange; drunkenness on highway; $50.00 or 6 months; recommended by trial judge on payment of fine of $40.00; probated April 21, 1936.
DEWEY GERALD: January term, 1936; Criminal Court of Fulton County; wife beating; 6 months; recommended by the judge, solicitor, also the wite; probated May 8, 1936.
S. L. GREER, ALIAS I. L.: March term, 1936; Criminal Court of Fulton County; cheating and swindling; 3 months in 3 cases; recommended by the judge and solicitor, upon payment of fine of $28.75 in 90 days; probated May 13, 1936.
THELBERT GIDDENS: April term, 1936; City Court of Sylvester; public drunkenness; 6 months or costs, etc., recommended by the Judge; probated May 27, 1936.
HAZEL GRESHAM: April term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $50.00 or 4 months; recommended by judge and solicitor; probated May 28, 1936.
ELBERT GERRARD: July term, 1935; Superior Court of Hart County; misdemeanor; 12 months; recommended by trial judge; probated June 10, 1936.
WILL GREGORY (B): February term, 1936; Superior Court of Gordon County; selling liquor; 12 months; recommended by the judge; probated June 25, 1936.
W. L. GOODWIN: May term, 1936; Criminal Court of Fulton County; operating auto while intoxicated; $25.00 and 3 months; recommended by judge and solicitor; probated June 30, 1936.

498

JouRNAL oF THE SENATE,

JOHN C. GRANT: June term, 1936; Criminal Court of Fulton County; simply larceny; assault and battery; 6 and 3 months, concurrent; recommended by judge and solicitor; probated August 14, 1936.
ED GRISSON: June term, 1936; Superior Court of of Fulton County; misdemeanor; 12 months (2 cases); recommended by the judge and probation officer; prObated September 25, 1936.
WORTH GEE: August term, 1936; Superior Court of Dawson County; misdemeanor; 12 months; recommended by the judge; probation October 26, 1936.
JOE GASTON: February term, 1936; Superior Court of Fulton County; assault with intent to murder; pistol; 12 months, each case concurrently; recommended by the judge; probated November 12, 1936.
SHEROD HILL: July term, 1935; City Court of Jesup; drunk; 8 months; recommended by Prison Commission; trial judge and solicitor; probated January 14, 1936.
J. E. HUGGINS; April term, 1935; Superior Court of Chattooga County; misdemeanor; 12 months; recommended by sheriff; applicant's family destitute; probated January 22, 1936.
JAMES HILL: November term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by probation officer and solicitor; probated January 31, 1936.
FRED HOWARD: November term, 1935; Superior Court of Walker County; kidnapping; 12 months or $150.00; Iecommended by judge, sheriff, jurors and others. probated February 3, 1936.
WINSTON HIGHTOWER (B): January term, 1936; Criminal Court of Fulton County; simple larceny; 4 months; recommended by judge and solicitor; probated February 13, 1936.

THURSDAY, jANUARY 14, 1937.

499

HOMER G. HIGHTOWER: November term, 1935; Superior Court of Fulton County; bigamy; 12 months; recommended by judge and probation officer; probated February 28, 1936.

W. G. HOLLIDAY (B): November term, 1935; Superior Court of Troup County; larceny from house; 12 months; recommended by judge, solicitor; prosecutor; ptobated March 6, 1936.

RILEY HARDGE (B): September term, 1935; Superior Court of Polk County; fornication; 12 months; recommended by judge and solicitor; probated March 12, 1936.
E~ H. HARPER: January term, 1936; City Court of Decatur, Ga., driving auto while drunk; 3 months; recommended by judge and solicitor; probated March 11, 1936.

EDWARD HINES (B): February term, 1936; Crimi-

nal Court of Fulton County; simple larceny by trick; 6

months; recommended by judge and solicitor; probated

March 21, 1936.



DOYLE HICKS: August term, 1935; City Court of Hall County; misdemeanor, violating prohibition law; 12 months; recommended by judge; probated March 27, 1936.

JOHN HERLEY: October term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; 12 months; 6 months, concurrently; recommended by judge and solicitor; probated April 1, 1936.

DOCK M. HIERS: November term, 1935; Superior Court of Decatur; simple larceny; 10 months and 8 months on probation; recommended by the judge and prosecutor; probated April 10, 1936.

A. J. HAYGOOD (B): May term 1935; Criminal Court of Fulton County; simple larceny; 8, 8 and 8 months; recommended by judge and solicitor; probated April 15, 1936.

500

JouRNAL OF THE SENATE,

VERNON HUTCHESON: October term, 1935; Superior Court of Emanuel County; assault to murder; 12 and 12 months, concurrent; recommended by judge, solicitor, prosecutor and others; probated April 21, 19~6.
COY HUTCHERSON: November term, 1934; Superior Court of Hart County; misdemeanor; 12 months and 12 months; recommended by prosecutor, trial judge, et al; probated April 21, 1936.
JAMES HUGHES (B): March term, 1936; Superior Court of Fulton County; larceny, motorcycle; 12 months; recommended by judge and probation officer; probated May 15, 1936.
ARTHUR HANSON: April term, 1936; Superior Court of Gordon County; misdemeanor; 8 months; recommended by doctor and warden, account bad physical condition of applicant; probated May 21, 1936.
HENRY HINTON: March term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor, lottery; $50.00 and 6 months; in each case; recommended by judge; solicitor; probation officer; probated June 10, 1936.
W. D. HARRIS: March term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge, solicitor, prison commission; probated June 4, 1936.
ANSON HARRELSON: April term, 1936; City Court of Hinesville; public drunkenness; 6 months; recommended by trial judge; probated June 11, 1936.
GARNETT HEMBREE: May term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; 6 months; recommended by judge, solicitor, prison .commission; probated June 12, 1936.
HOWARD HARTLEY: March term, 1936; Superior Court of Richmond County; larceny of auto; 12 months; recommended by the judge; probated June 16, 1936.

THURSDAY, JANUARY 14, 1937.

501

RAYMOND HILL (B): May term, 1936; Criminal Court of Fulton County; possessing liquor; $25.00 or 3 months; recommended by- judge and solicitor; probated June 16, 1936.
JIM HILL: March term, 1936; City Court of Cartersville, Ga., driving while drunk; recommended by the judge on payment $15.00 fine; probated June 17, 1936.
MRS. OMA HYDE: May term,. 1936; City Court of Cartersville, Ga.; larceny; 12 months; recommended by sheriff; clerk of Superior Court; tax collector; and anumber of other county officers; probated June 22, 1936.
GROVER HINDSMAN: March term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor and operating auto intoxicated; $25.00 and 6 months in two cases; recommended by the judge and solicitor; probated June 23, 1936.
W. J. HEWELL: February term, 1936; City Court of Hall County; misdemeanor; 12 months; recommended by trial judge; probated June 24, 1936.
CHARLIE HANDLEY: November term, 1935; City Court of Colquitt County; misdemeanor; $75.00 or 12 months; recommended by judge; probated June 24, 1936.
TERRY HUNNICUTT: March term, 1935; Superior Court of Fulton County; misdemeanor; 12 months and 6 months in jail; recommended by the judge; probated June 25, 1936.
ALBERT HARRIS (B): November term, 1935; Supe rior Court of Meriwether County; cheating and swindling; $75.00 or 12 months; recommended by the judge; probated July 8, 1936.
GEORGE HILLMAN (B): March term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; 6 months; recommended by judge and solicitor; probated July 8, 1936.

502

JouRNAL OF THE SENATE,

DAN HOLMES (B): December term, 1936; Superior Court of Mcintosh County; simple larceny; 12 months; recommended by prosecutor, solicitor; et al; probated July 9, 1936.
JOHN W. HICKS, Jr.: May term, 1936; Criminal Court of Fulton County; cheating and swindling; 6 months and 6 months; recommended by the solicitor; probation officer; and others; probated July 23, 1936.
JAMES HERRON: February term, 1936; Superior Court of Fulton County; misdemeanor; 12 months; recommended by the solicitor; probated July 23, 1936.
PAUL HUMPHRIES: April term, 1936; Criminal Court of Fulton County; intoxicated on public highway; $50.00 and 6 months; recommended by judge and solicitor; probated July 23, 1936.
EUGENE HUNT AND DONALD WEST: July term, 1936; City Court of Decatur, Ga.; simple larceny; 12 months; recommended by judge and solicitor; probated July 21, 1936.
SURRENDER HILL (B): July term, 1936; City Court of Decatur, Ga.; operating auto drink; $25.00 and 3 months on probation; probated July 20, 1936.
JEWEL HIGHTOWER (B): July term, 1936; Criminal Court of Fulton County; lottery; $50.00 and 6 months; recommended by judge and solicitor; probated August 12, 1936.
AUBREY W. HUNNICUTT: April term 1936; Superior Court of Towns County; misdemeanor; 12 and 12 months; recommended by the judge; probated August 11, 1936.
A. G., ALIAS J. H., ALIAS ARTHUR G., ALIAS
GENE HAGAN, ALIAS HAGEN: March term, 1936; Criminal Court of Fulton County; cheating and swindling,

THURSDAY, jANUARY 14, 1937.

503

etc., 12 months; 12 months; 12 months and 12 months; recommended by judge and solicitor; probated August 29, 1936.
WILL HEATH: March term, 1936; Superior Court of Dawson County; drunkenness; 6 and 6 months; recommended by the judge; and a number of citizens; probated by September 14, 1936.
CHARLES HARDIN: January Special term, 1936; Superior Court of Dawson Couhty; misdemeanor; 12 months; recommended by judge; probated September 23, 1936.
JIM HERRING: April term, 1936; City Court of Danielsville, Ga.; larceny; 12 months; recommended by the judge; probated September 26, 1936.
MRS. L. G. HILL: April term, 1936; City Court of
Richmond County; violating prohibition law; 8 months; recommended by Prison Commission 'and Hon. Gordon W. Chambers; probated October 1, 1936.
BILL HICKS: June term, 1936; Superior Court of Floyd County; larceny of auto; 12 months; recommended by solicitor; not opposed by judge; probated October 2, 1936.
CHARLES HUGHES, ALIAS JAMES WATSON: April term, 1936; Criminal Court of Fulton County; lottery; 4 and 6 months; recommended by judge and SOlicitor; probated October 28, 1936.
SAM HUIEL: March term, 1936; Criminal Court of Fulton County; possessing liquor; lottery; $100.00 or 12 months in 2 cases; recommended by trial judge and SOlicitor; probated October 28, 1936.
A. H. HATTAWAY: May term, 1936; City Court of Sandersville, Ga.; abandonment; 12 months; conditional probation recommended by Prison Commission; probated November 5, 1936.

504

JouRNAL OF THE SENATE,

ETHEL HULSEY: March term, 1936; City Court of

Polk County; drunk; 12 months; recommended by judge

and sheriff; probated November 10, 1936.



M. E. HANCOCK: July term, 1936; Criminal Court of Fulton County; wife beating; 6 months; recommended by the judge and solicitor; probated November 17, 1936.
BEN (1. B.) HAWKINS: August term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by the judge and by the Prison Commission; probated November 10, 1936.

NICKLAS ITTNER, ALIAS W. S. JONES: November term, 1935; Criminal Court of Fulton County; assault and battery; malicious mischief; 4 months and 2 months; recommended by the judge and solicitor; probated January 14, 1936.

JOHNNIE, ALIAS TOMMIE JOHNSON: February term, 1936; Criminal Court of Fulton County; carrying concealed weapons; 12 months; recommended by judge and solicitor; probated March 9, 1936.

LARRY IVEY: November term, 1935; Superior Court of Barrow County; drunk on highway; 12 months or $100.00; recommended by the judge; probated May 1, 1936.

GROVER IVEY: March term, 1936; Superior Court of Polk County; simple larceny; 12 months; recommended by the judge; probated July 10, 1936..

JAMES IVEY: May term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated July 8, 1936.

ROBERT JENKINS: September term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; 6 months; recommended by the judge and solicitor; probated January 13, 1936.

THURSDAY, jANUARY 14, 1937.

505

ALBERT JOHNSON: October term, 1935; Criminal Court of Fulton County; possessing liquor; $50.00 and 6 months; $25.0!) and 3 months; recommended by the judge and the chief probation officer; probated January. 18, 1936.
EDWARD JETT (B): November term, 1935; Criminal Court of Fulton County; assault and battery; $50.00 or 4 months; recommended by the judge and solicitor; probated February 3, 1936.
TOM JONES (B): April term, 1935; City Court of Waynesboro, Ga.; larceny; 12 months; recommended by the judge and solicitor; probated February 13, 1936.
H. W. JOHNSON: October term, 1935; Superior Court of Fulton County; misdemeanor; 6 months; recommended by trial judge; solicitor Boykin; probated February 14, 1936.
MARY NELL JOY: October term, 1935; City Court of Hall County; drunkenness; 12 months; recommended by the judge; probated March 6, 1936.
JOHN LEE JACKSON: September t~rm, 1935; City Court of Swainsboro, Ga.; assault and battery; 12 months; recommended by the solicitor; county officials; and others; probated March 16, 1936.
ARTHUR JONES (B): October term, 1935; City Court of Louisville, Ga.; being drunk; 8 months; recommended by the judge; solicitor; and prosecutor; probated March 20, 1936.
GLOVER JOHNSON (B): November term, 1935; Superior Court of Troup County; misdemeanor; 12 months; recommended by judge and prosecutor; probated March 27, 1936.
BUTLER JONES (B): January term, 1936; Criminal Court of Fulton County; carrying concealed weapon;

506

JouRNAL OF THE SENATE,

$50.00 or 6 months; recommended by judge and solicitor; probated April 13, 1936.
RUFUS JONES: September term, 1935; Superior Court Coweta County; misdemeanor; 12 months; recommended by the judge; probated April 14, 1935.
LEROY JOHNSON~ November term, 1935; Criminal Court of Fulton County; shooting; pistol; $75.00 and 6 months in 2 cases; recommended by judge artd solicitor; probated April 24, 1936.
GRADY JOHNSON: October term, 1935; Superior Court of Fulton County; larceny of auto; 12 months; recommended by judge; probated May 4, 1936.
BUD JOHNSON: October term, 1935; Superior Court Henry County; making liquor; 12 months or $75.00; recommended by judge; sheriff; clerk; and others; probated May 13, 1936.
SAUL, ALIAS SOL JACKSON (B): May term, 1936; Criminal Court of Fulton County; possessing liquor; 6, 6 and 6 months; recommended by judge and solicitor; probated May 13, 1936.
WILLIE JAMES (B): March term, 1936; City Court of Richmond County; violating prohibition law; 3 months; recommended by the judge; probated May 16, 1936.
L. J. (LAWRENCE) JONES: April term, 1936; Criminal Court of Fulton County; intoxicated in public; operating auto while intoxicated; $25.00 and 3 months; $50.00 and 6 months; recommended by trial judge; solicitor; chief probation officer; probated May 19, 1936.
P. L. JENKINS: March term, 1936; Superior Court of Jeff Davis County; liquor; 12 months; recommended by judge and county physician; probated June 10, 1936.
ERIC JONES (B): January term, 1936; Criminal Court of Fulton County; possessing liquor; $250.00 and

TH.URSDAY, JANUARY 14, 1937.

507

12 months; recommended by judge and solicitor; probated July 7, 1936.
GEORGE JACKSON: March term, 1936; Criminal Court of Fulton County; lottery; $50.00 and 6 months; recommended by judge and solicitor; probated July 23, 1936.
PLUMER JOHNSON (B): March term, 1936; Criminal Court of Fulton County; stabbing another negro; $50.00 or 6 months; recommended by judge and solicitor; probated July 23, 1936.
MILTON JONES: January term, 1936; Superior Court Fulton County; stabbing; $100.00 or 12 months; recommended by judge; and others; probated July 31, 1936.

CLARENCE JACKSON (B): June term, 1935; Criminal Court of Fulton County; 4 misdemeanors; 4 months; 6 months; 6 months; $100.00 and 12 months; recommended by judge and solicitor; probated September 14, 1936.

McKINLEY JACKSON (B): June term, 1936; Criminal Court of Fulton County; simple larceny; $20.00 and 3 months in 2 counts; recommended by judge and solicitor; probated September 16, 1936.

FRANK JOHNSON: May term, 1936; City Court of Decatur; receiving stolen goods; whiskey; 12 months; 6 months and probation; recommended by judge and solicitor; probated September 15, 1936.

B. T. JOHNSON: June term, 1936; Superiot Court of Fulton County; robbery; 12 months; recommended by Judge E. E. Pomeroy and Prison Commission; probated Septet;tber 28, 1936.

CECIL JONES: September term, 1936; City Court of Decatur; drunk on highway; 3 months; recommended by judge and solicitor; probated October 28, 1936.

508

JOURNAL OF THE SENATE,

ROBERT JONES: June term, 1936; Criminal Court Fulton County; possessing liquor; $100.00 and 8 months; recommended by trial judge and solicitor; probated October 28, 1936.
GRADY JETT: May term, 1936; Criminal Court of Fulton County; possessing liquor; 3 months; 3 months and 3 months; recommended by trial judge and solicitor; probated November 13, 1936.
OZZIE KELSEY, Jr. (B): October term, 1935; City Court of Sylvania; misdemeanor; $75.00 or 10 months; recommended by the judge; probated March 12, 1936.
JESSE KELLY: January term, 1936;, City Court of Decatur, Ga.; larceny; 12 months; recommended by judge and solicitor; probated April 4, 1936.
MRS. 0. M. KILGORE: February term, 1936; City Court of Decatur; drunk on highway; 12 months; recommended by trial judge and solicitor; probated June 22, 1936.
J. W. KENT: June term, 1936; Criminal Court of Fulton County; possessing liquor; $25.00 or 3 months; recommended by judge and solicitor; probated June 24, 1936.
BUDDIE KIGHT: December term, 1935; Superior Court of Ware County; misdemeanor; 12 months; recommended by a number of people on account of the extreme case of dependent family; probated July 7, 1936.
RICHARD KILLENS (B): March term, 1936; City Court of Macon, Ga.; simple larceny; 12 months and $300.00; 6 months and $50.00; 6 months and $50.00; 6 months and $50.00; 6 months and $50.00; recommended by trial judge on payment of fine of $100.00 to cover all cases; probated July 7, 1936.
ROBERT KING: October term, 1935; City Court of Newnan, Ga.; simple larceny; 12 and 12 months; recom-

THURSDAY, jANUARY 14, 1937.

509

mended by solicitor; county officials; and. others; probated July 23, 1936.
CLARENCE KISER: February term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by trial judge; probated August 12, 1936.
WESLEY KNIGHT: July term, 1936; City Court of Cartersville; drunkenness; 12 months; recommended by the judge; probated September 23, 1936.
W. E. KNIGHT: September term, 1936; Criminal Court of Fulton County; operating auto while intoxicated; $35.00 and 6 months; recommended by judge and solicitor; probated November 4, 1936.
JACK KELLY: June term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $50.00 or 4 months; $50.00 and 6 months to follow; recommended by judge and solicitor; probated November 17, 1936.
LIZZIE LEONARD, (Col.): September term, 1935; Superior Court of Talbot County; having liquor; 12 months at Farm No. 2; recommended by solicitor, sheriff, mayor of Talbotton; and others; probated January 24, 1936.
MELVIN LOWE (a): December term, 1935; City Court of Cartersville, Ga.; simple larceny; 12 months; recommended by judge and solicitor; probated March 6, 1936.
JAMES LEWIS (B): November term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated March 20, 1936.
JOHN B. LINGERFELT: August term, 1935; Superior Court of Dawson County; misdemeanor, drunk; 12 months; recommended by trial judge and Hon. Fred Jones; probated April 7, 1936.
FREEMAN LITTLE, ALIAS FREEMAN LEWIS: December term, 1935; County Court of Putnam; larceny;

510

JouRNAL oF THE SENATE,

carrying pistol without license and carrying concealed weapon; 8 months and 8 months; recommended by judge; solicitor, sheriff, prosecutor and others; probated April 24, 1936.
ALBERT LESTER (B): February term, 1936; Criminal Court of Fulton County; attempted larceny of auto; 4 months; recommended by judge and solicitor; probated May 15, 1936.
A. H. (JACK) LOOPER: March terin, 1936; Superior Court of Dawson County; public drunkenness; 12 months; recommended by the judge; probated May 18, 1936.
QUlNCEY LUKE: January term, 1936; Superior Court of Ben Hill; abandonment; 12 months and 6 months in jail; recommended by many citizens and county <?fficials, representative, et al; probated June 17, 1936.-
JAMES LEMMING: April term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by the judge and solicitor; probated June 24, 1936.
C. H. LATHAM: May term, 1936; Criminal Court of Fulton County; vagrancy; 6 months; recommended by judge and solicitor; probated July 24, 1936.
RUFUS LIPSCOMB: April term, 1936; Criminal Court of Fulton County; simple larceny; 8 months; recommended by judge, solicitor, and others; probated July 23, 1936.
RAYMOND LABON (Col.): December term, 1935; Superior Court of Morgan County; larceny; 12 months; recommended by solicitor and prosecutor; probated July 23, 1936.
JOHN LIVELY: August term, 1936; Superior Court of Fulton County; robbery; 12 months; recommended by the judge; probated September 24, 1936.
HUBERT LATHAM: April term, 1936; Superior Court of Gordon County; misdemeanor; 8 months; recommended

THURSDAY, jANUARY 14, 1937.

511

by the judge and by the Prison Commission; probated September 28, 1936.
GLORENE LYONS: May term, 1936; City Court of of Griffin, Ga.; larceny; 12 months; recommended by the judge and by the Prison Commission; probated October 5, 1!936.
CARTER LEONARD: June term, 1936; Criminal Court of Fulton County; lottery; 6 months; recommended by trial judge and solicitor; probated October 14, 1936.
GLENN MORRIS: May term, 1935; Criminal Court of Fulton County; operating auto while intoxi'cated; $50.00 and 6 months; $100.00 and 12 months; recommended by the judge; solicitor; chief probation officer; probated January 11, 1936.
B. F. MANLEY: October term, 1935; Criminal Court of Fulton County; possessing liquor and lottery; 6 months in each case; good prison record; recommended by the judge and solicitor; probated February 4, 1936.
RALPH McMILLEN: June term, 1935; Criminal Court of Fulton County; stabbing; 10 months; recommended by judge and solicitor; probated February 6, 1936.
L. N. MOORE, Jr.: November term, 1935; Criminal Court of Fulton County; simple larceny; 12 months recommended by judge and solicitor; probated February 7, 1936.
LEROY MORTON (B): October term, 1935; Superior Court of Fulton County; assault and murder; 12 months and 2 weeks; recommended by the judge and probation officer; probated February 10, 1936.
THOMAS MORRIS: August term, 1935; Criminal Court of Fulton County; simple larceny; 6 and 6 months; recommended by judge and solicitor; probated February 13, 1936.
WILLIAM McNAIR (B): May term, 1935; Superior Court of Richmond County; assault to murder; 12 months;

512

JouRNAL OF THE SENATE,

recommended by judge and solicitor; probated February 17, 1936.
MORRIS MABRY, ALIAS MARVIN: December term, 1935; Superior Court of Upson County; misdemeanor; 6 months; recommended by judge and solicitor; probated February 19, 1936.
S. F. MASTERSON: January term, 1936; Superior Court ot Fulton County; larceny ot auto; 12 months; tecommended by judge on condition that fine of $50.00 be paid at rate of $2.50 per week; probated February 27, 1936.
PERRY MARTIN: November term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated March 6, 1936.
RALPH McCOMBS (B): December term, 1935; City Court of Carrollton, Ga.; liquor; $60.00 and 12 months; recommended by the judge upon payment of $25.00 fine; probated March 12, 1936.
J. T. MORHEAD (B): March term, 1936; Criminal Court of Fulton County; simple larceny; $25.00 or 3 months; recommended by solicitor and judge; probated March 24, 1936.
ROSA McCLAIN (B): January term, 1936; City Court of Savannah, Ga.; stabbing; 5 months; good service record for over 3 months or 60% of sentence; probated April 23, 1936.
ELLIS MOORE: December term, 1935; City Court of Buford; public drunkenness; 6 months; $25.00; recommended by the judge; probated April 21, 1936.
HILL MOORE: March term, 1936; Superior Court of Morgan County; possessing liquor; $1.00 and costs or . 12 months; recommended by judge; solicitor; sheriff; and others; probated Aptil 21, 1936.

THURSDAY, jANUARY 14, 1937.

513

CLAY MAYFIELD: October term, 1935; Superior Court of Crisp County; fornication; 12 months; recommended by the judge; probated April 21, 1936.
ALFRED MERRIWETHER (B): October term, 1935; Superior Court of Fulton County; larceny of auto; 10 months; recommended by the judge; probated April 22, 1936.
M. M. MORRISON: April term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $25.00 or 3 months; $50.00 or 4 months; recommended by the judge and by the probation officer; probated May 4, 1936.
MARSHALL MACK (B): January term, 1936; Criminal Court of Fulton County; lottery; 6 months; recommended by the judge; probated May 4, 1936.
J. E. McWHORTER: April term, 1936; Criminal Court of Fulton County; possessing liquor $100.00 and 12 months; $150.00 and 12 months; $100.00 and 12 months; recommended by judge and solicitor upon payment of $200.00 fine in cash; probated May 13, 1936.
GLENN MULLIS: January term, 1936; City Court of Waycross, Ga., public drunkenness; 6 months; recommended by judge and solicitor; probated May 13, 1936.
J. C. McCRARY: March term, 1936; Criminal Court of Fulton County; vagrancy; 6 months; recommended by judge and solicitor; probated May 25, 1936.
HORACE McTYRE: October term, 1935; Criminal Court of Fulton County; possessing liquor; $100.00 and 8 months; $50.00 and 6 months; recommended by judge and solicitor; probated May 27, 1936.
ROBERT MARTON: May term, 1936; Criminal Court of Fulton County; simple larceny; $25.00 or 3 months; recommended by judge and solicitor; probated May 27, 1936.
JOE MOSS: August term, 1935; Superior Court of Fulton County; misdemeanor, grabbing a purse; 12 months;

514.

JouRNAL oF THE SENATE,

recommended by judge and probation officer; probated May 27, 1936.
JAMES MERCK: January term, 1935; City Court of Millen, Ga.; fraudulent check; 9 months or $50.00; recommended by judge on payment of $15.00 fine; pro. bated June 10, 1936.
J. B. MAXWELL: August term, 1935; Superior Court of Cobb County; misdemeanor; 12 months and 12 months; recommended by judge and prosecutor; probated June 10, 1936.
EDWARD MORGAN: April term, 1936; Criminal Court of Fulton County; burglary; 6 months; recommended by trial judge; probated June 11, 1936.
L. N. MOORE, Jr.: February term, 1936; Criminal Court of Fulton County; cheating and swindling; fraud check; 12 months; recommended by judge and solicitor; probated June 19, 1936.
WILLIE McELROY, ALIAS CHAS. EDW. McGIBONEY: January term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by judge and solicitor; probated June 23, 1936.
JOHN L. MORRIS: December term, 1935; Superior Court of DeKalb County; burglary; 12 months; recommended by the judge and solicitor; probated June 24, 1936.
JOE MOREE: December term, 1935; City Court of Sylvester, Ga.; public drunkenness; 8 months; recommended by the judge; probated June 24, 1936.
C. F. AND ROBERT MOSELEY: June term, 19~6; City Court of Jesup, Ga.; larceny from house; $25.00 or 6 months; recommended on account of extreme youth and good record in service; probated July 8, 1936.
SARAH MAYES (B): April term, 1936; Criminal Court of Fulton County; stabbing; $100.00 and 6 months;

THURSDAY, JANUARY 14, 1937.

515

recommended by the judge and solicitor; probated July 16, 1936.
DAVE McKEE: March term, 1936; City Court of Richmond County; simple larceny; 12; 12 and 12 months; recommended by the judge; probated July 23, 1936.
FRANK MORAN (B): , June term, 1936; Superior Court of Fulton County; stabbing another negro; 12 months; recommended by the judge and probation officer; probated July 23, 1936.
LESTER MASSEY (B): June term, 1936; Criminal Court of Fulton County; assault and battery; pointing pistol at another; $50.00 and 6 months in 2 cases; recommended by the judge and solicitor; probated July 23, 1936.
WILLIAM MOORE (B): June term, 1936; Criminal Court of Fulton County; operating auto while intoxicated; $25.00 and 4 months; recommended by the judge and SOlicitor; probated July 24, 1936.
HORACE MITCHELL: *** term, 1936; City Court
of Macon; simple larceny; 6 months in jail or $50.00; recommended by the judge; probated August 11, 1936.
SARAH MITCHELL (B): April term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor and selling liquor; 6 months; recommended by judge and solicitor; probated August 4, 1936.
E. C. MORGAN: June term, 1936; City Court of Macon, Ga.; driving auto while drunk; 12 months or $100.00; recommended by solicitor, sheriff, and others; probated August 29, 1936.
W. T. MARTIN: February term, 1936; Criminal Court of Fulton County; wife beating; 12 months; recommended by judge and solicitor; probated September 14, 1936.

51ti

JouRNAL OF THE SENATE,

LILLIAN MOON: May term, 1936; Criminal Court of Fulton County; misdemeanor; $100.00 and 12 months; recommended by the judge and solicitor; probated September 16, 1936.
WILLIE MIMS: July term, 1936; Superior Court of Wilkes County; breaking probation sentence; $60.00 or 9 months; recommended by the judge and by the Prison Commission; probated October 1, 1936.
WELDON McEWEN: May term, 1936; Superior Court of Ware County; forgery; 12 months or $200.00; recommended by the judge and by the Prison Commission; probated October 14, 1936.
WALTER C. MADDOX: July term, 1936; Superior Court of Newton County; having liquor; 6 months; recommended by the judge and by the Prison Commission; probated October 21, 1936.
JOHN MARTIN: May term, 1936; City Court of Polk County; drunk; 5 months; recommended by trial judge; clerk of court; deputy sheriff; probated October 28, 1936.
SYLVESTER MARCUS: April term, 1936; Superior Court of Rabun County; misdemeanor; 12 months; recommended by the judge; ordinary; prosecutor; and others; Probated October 30, 1936.
WILL MITCHELL (B): August term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by the judge; probated November 10, 1936.
FRED MANUEL: August term, 1936; Criminal Court of Fulton County; possessing intoxicating liqu:or; $50.00 or 6 months; recommended by the judge and solicitor; probated November 18, 1936.
H. L. (HOMER) MANER: December term, 1935; Criminal Court of Fulton County; blocking highway;

THURSDAY, JANUARY 14, 1937.

517

possessing intoxicating liquor; 8 months; 12 months; recommended by judge and solicitor; probated November 18, 1936.
NAPOLEAN NOBLE: August term, 1935; Criminal Court of Fulton County; intoxicated on Public Highway operating auto while intoxicated; $50.00 and 6 months and 3 months; recommended by judge; solicitor; chief probation officer; probated January 18, 1936.
PETE NICHOLAS: July term, 1935; City Court of Macon; vagrancy; 12 months; recommended by trial judge; probated January 23, 1936.
MILTON NEAL, ALIAS WOOD: October term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor and assault and battery; $50.00 and 6 months; $25.00 or 3 months; recommended by judge and solicitor; probated March 24, 1936.
EDD NEWMAN: December term, 1935; County Court of Henry; misdemeanor; 12 months; recommended by judge on payment of fine of $44.88; probated April 22, 1936.
RUBY NEALEY (B): March term, 1936; Criminal Court of Fulton County; possessing liquor; $50.00 and 6 months; recommended by judge and solicitor; probated May 28, 1936.
HOWARD NORTON: October term, 1936; City Court of Polk County; drunk; 3 months; recommended by the judge; probated November 17, 1936.
OTIS OSBORN (B): December term, 1934; City Court
of Waynesboro, Ga.; burglary; 12 and 12 months; retom-
mended by the judge; probated March 24, 1936.
FRANK OATES: October term,, 1935; City Court of Millen, Ga.; possessing liquor; 12 months or $100.00; recommended by the judge on payment of fine of $25.00; probated June 10, 1936.

518

JouRNAL OF THE SENATE,

J. S. ORNBUCKLE: May term, 1936; Criminal Court of Fulton County; operating auto while intoxicated; $25.00 and 6 months; recommended by the judge and solicitor; probated September 15, 1936.
LEO POSEY, ALIAS DONALD ROLLINS: July term, 1935; Criminal Court of Fulton County; possessing liquor; $100.00 or 12 months; recommended by the judge; solicitor; chief probation officer; probated January 11, 1936.
MAUDE PRATHER: July term, 1935; City Court of Cartersville, Ga.; adultery and fornication; 12 months and 12 months; recommended by the judge; probated March 12, 1936.
JOHN PECK (B): February term, 1936; Superior Court of Fulton County; burglary and receiving stolen goods; 12 months; recommended by judge and solicitor; probated March 10, 1936.
GEORGE PORTER: July term, 1935; Superior Court of Hall County; misdemeanor, liquor; 12 months; recommended by the trial judge and warden; paroled March 24, 1936.
BELLE PHILLIPS: March term, 1936; City Court of Hall County; $175.00 or 12 months; recommended by the judge; probated March 27, 1936. ,
LUCILE PLEDGER: August term, 1935; Superior Court of Floyd County; being drunk on highway; 18 months; recommended by the judge; probated April 14, 1936.
A. H. PARHAM: March term, 1936; City Court of Decatur, Ga.; misdemeanor; 12 months; recommended by judge and solicitor; probated April 14, 1936.
EMMETT PEEKS: September term, 1935; Superior Coutt of Fulton County; burglary; 12 months; recommended by judge and prosecutor; probated April 21, 1936.

THURSDAY, JANU~RY 14, 1937.

519

ROY PADEN: January term, 1936; Criminal Court of Fulton County; speeding; failing to stop after accident and operating auto while intoxicated; $25.00 and 3 months; $25.00 and 3 months; $50.00 and 6 months; recommended by the judge and solicitor; probated April 21, 1936.
JOHN POOLE: January term, 1936; City Court of of Griffin, Ga.; misdemeanor; 8 months; recommended by the judge and county warden; probated April 21, 1936.
HOMER POSEY: March term, 1936; Superior Court of Banks County; drunk on highway; 12 months; recommended by trial judge; probated April 30, 1936.
J. M. PHILLIPS: September term, 1935; Superior Court of Haralson County; drunk driV'ing; 12 months and $50.00; recommended by the judge; probated May 6, 1936.
RUFUS PARKS: March term, 1936; Superior Court of Dawson County; misdemeanor; 12 and 6 months: recommended by the judge; probated May 8, 1936.
SUSIE MAE PASS: September term, 1935; Criminal Court of Fulton County; simple larceny; 12 and 6 months; recommended by judge and solicitor; probated May 12, 1936.
WILEY PITTS: November term, 1935; Superior Court of Paulding County; selling liquor; 12 months; recommended by the judge; probated May 13, 1936.
EUGENE PEOPLES: February term, 1936; Superior Court of Polk County; manufacturing liquor; 6 months; recommended by the judge; and others; probated May 26, 1936.
NORMAN PRINCE: March term, 1936; Criminal Court of Fulton County; simple larceny; $35.00 or 4 months; recommended by trial judge and solicitor; probated May 28, 1936.

520

JouRNAL OF THE SENATE,

FRANK PATTERSON: October term, 1936; City Court of Hall County; misdemeanor; 12 months; recommended by judge, warden and others; probated May 27, 1936.
HILTON R. PILCHER: March term, 1936; Superior Court of Fulton County; Criminal Division; assault to murder; 12 months; recommended by judge and by the Prison Commission; probated June 10, 1936.
NORMAN PASCHAL: November term, 1935; Criminal Court of Fulton County; stabbing; 10 months; recommended by the judge, solicitor, probation officer; probated June 11, 1936.
MARY PALMER: December term, 1935; Criminal Court of Fulton County; lottery; $100.00 and 12 months; recommended by the judge and' solicitor; probated June 11, 1936.
L. D. PATILLO (B): March term, 1936; Criminal Court of Fulton County; simple .larceny; 12 months; recommended by judge and solicitor; probated June 17, 1936.
HENRY POUNDS, ALIAS PONDS: May term, 1936; Criminal Court of Fulton County; possessing intoxicating liquors; $25.00 or 3 months; recommended by the judge and solicitor; probated June 24, 1936.
HAROLD PARMS (B): April term, 1936; Criminal Court of Fulton County; operating auto while intoxicated; $50.00 or 12 months; recommended by judge and solicitor; probated June 24, 1936.
H. M. PADGETT: May term, 1936; Criminal Court C!f Fulton County; vagrancy; 12 months; recommended by th.e judge and solicitor; probated June 29, 1936.
. E. C. PIRKLE: June term, 1936; City Court of Hall. County; drunkenness; 12 months; recommended by the judge and warden; probated July 2, 1936.

THURSDAY, JANUARY 14, 1937.

521

HARRY PARKER: May term, 1939~-CriP'linal Court of Fulton County; possessing intoxicating liquor; $50.00 or 6 months; recommended by judge and solicitor; prObated July 11, 1936.
LIONEL POSEY: February term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by the judge; probated July 14, 1936.
LYNN PHELPS: July term, 1936; Superior Court of Walker County; misdemeanor; 12 months; recommended by the judge; probated August 11, 1936.
A. J. PLEDGER: March term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by the trial judge and solicitor; probated August 11, 1936.
J. M. PHILLIPS: November term, 1935; Superior Court ot Fulton County; larceny of auto; 12 months; recommended by the judge; probated August 14, 1936.
DOUGLAS PRESCOTT: May term, 1936; Superior Court of Burke County; fighting; 10 months; recommended by the judge and warden; probated September 23, 1936.
JAMES PARNELL: May, term, 1936; City Court of Decatur, Ga.; stealing wire; 12 months; recommended by judge and solicitor; probated September 24, 1936.
PAUL PARKER: July term, 1936; City Court of Sylvania, Ga.; larceny; 6 months; recommended by the judge and by the Prison Commission; probated October 26, 1936.
HAROLD PUGH: May term, 1936; Criminal Court of Fulton County; speeding; failing to stop after accident; and assault and battery; $25.00 and 2 months; $25.00 and 2 months; $50.00 and 4 months; recommended by judge and solicitor; probated October 28, 1936.

522

JouRNAL OF THE SENATE,

CECIL RUSHING: October term, 1935; City Court of Metter; driving car while under influence of liquor; 12 months; recommended by judge and sheriff; probated January 3, 1936.
WILL RUTLAND: September term, 1935; Superior Court of Tift County; having whiskey; 6 months; recommended by trial judge; probated January 18, 1936.
SID ROBINSON (B): September term, 1935; Superior Court of Greene County; possessing whiskey; 12 months; recommended by the judge; solicitor; prosecutor; sheriff; probated March 3, 1936.
ALBERT ROSS (B): October term, 1935; City Court of Griffin, Ga.; stealing; 12 months; recommended by the solicitor; probated March 14, 1936.
GLENN PULLIAN (B): September term, 1935; Superior Court of Stephens County; misdemeanor; 12 months; recommended by county physician who states applicant in very poor health and unable to work; probated March 27, 1936.
WM. (W. M.) ROBINSON: March term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor and cheating and swindling; $50.00 or 6 months; and 12 months; recommended by judge and solicitor; probated March 27, 1936.
J. B. ROLLINS: *** term, ***; Superior Court of Harris County; driving while drunk; fine of $50.00; recommended by trial judge; probated April 7, 1936.
J. A. RAY: June term, 1935; Criminal Court ot Fulton County; possessing liquor; 12 mon~hs; recommended by the judge and solicitor; probated April 13, 1936.
JIM RUSSELL: October term, 1935; Superior Court of Whitfield County; misdemeanor; 12 months; recommended by trial judge; probated April 14, 1936.

THURSDAY, JANUARY 14, 1937.

523

JOHN (LUTHER) RUDD: July terrn, 1935; City Court of Lyons; assault and battery; 12 months; recoinmended by judge, solicitor, and others; probated April 14, 1936.
CECIL RATLEY: July term, 1935; Superior Court of Fulton County; simple larceny; 12 months; recommended by trial judge; probated April 21, 1936.
LEVI RAGLAND: October term, 1935; Superior Court of Henry County; making liquor; 12 months or $150.00; recommended by the judge on payment of $35.00; probated May 13, 1936.
WALLACE REID, ALIAS CAIN: December term, 1935; Superior Court of Fulton County; larceny from house; 12 months; recommended by trial judge; probated June 10, 1936.
OLLIE REID (B): January term, 1936; Superior Court of Bacon County; misdemeanor; 12 months; recommended by judge and others; probated May 4, 1936.
CLIFFORD ROGERS: December term, 1935; Superior Court of Fulton County; burglary; 12 months; recommended by the judge and probation officer; probated June 23, 1936.
. CHARLIE REESE (B): April term, 1936; Criminal Court of Fulton County; simple larceny; 8 months; recommended by the judge and solicitor; probated July 23, 1936.
LAWSON REID (B): May term, 1936; City Court of Decatur; having liquor and drunk on highway; $25.00 and 6 months in 2 cases; recommended by judge and solicitor on payment of fine of $30.00; probated August 4, 1936.
JULIAN RUTLAND: March term, 1936; Superior Court of Tift County; 12 months; driving while intoxicated; recommended by judge; probated September 15, 1936.
CARLTON W. RICHARDS: June term, 1936; Superior Court of Cobb County; simple larceny; 4 months and 19

524

JouRNAL OF THE SENATE,

days; recommended by the judge and warden; probated September 16, 1936.
MARY REAGIN: May term, 1936; City Court of Decatur; simple larceny; 12 months; recommended by judge and solicitor; probated September 24, 1936.
WILLIE ROGERS: June term, 1936; Superior Court of Henry County; public drunkenness; 12 months and $40.00; recommended by a number of citizens and by the prison commission; probated October 1, 1936.
JAMES REDDY: May term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor, 4 counts; 6;: 6; 6 and 6 months; recommended by trial judge and solicitor; probated October 1, 1936.
WALTER SMITH: October term, 1935; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge, solicitor, and others; probated January 3, 1936.

NOVIE SWEARINGER: September term, 1935; Criminal Court of Fulton County; operating auto while intoxicated; $150.00 or 9 months; recommended by judge and solicitor; probated January 27, 1936.

ANNIE AND LEE SPEAR (B): May term, 1935; Superior Court of Meriwether County; assault and battery; 12 months; recommended by judge and solicitor; probated January 31, 1936.

JAMES SMITH: October term, 1935; Superior Court

of Stewart County; misdemeanor; 12 months; recommended

by prosecutor, solicitor, and a number of citizens; probated

February 3, 1936.



HOWARD SMITH: November term, 1935; City Court of Richmond County; misdemeanor; 6; 6; 6 and 6 months concurrent; recommended by the judge; probated February 7, 1936.

THURSDAY, JANUARY 14, 1937.

525

TOM SPRINGER: November term, 1935; City Court of Albany Ga.; misdemeanor; 3 months or $25.00 in 2 cases; recommended by the solicitor, game department, county officers, et al; probated February 7, 1936.
JOHN SPIKES: October term, 1935; Superior Court of Henry County; making whiskey; 12 months; recommended by the judge on payment of $35.00 fine; probated April 28, 1936.
J. E. SHIRLEY: June term, 1935; Criminal Court of Fulton County; malicious mischief and possessing liquor; 12 months, 6 months and 12 months; recommended by the judge and solicitor; probated April 21, 1936.
WILL SMITH (B): March term, 1936; Criminal Court of Fulton County; burglary; 12 months; recommended by the judge and prosecutor; probated May 8, 1936.
W. M. SATTERFIELD: November term, 1935; City Court of Decatur; wife beating, driving drunk; 6 months and 6 months; recommended by judge and solicitor; prObated May 13, 1936.
CLIFFORD SHANKS (B): March term, 1936; Criminal Court of Fulton County; possessing liquor; $25.00 and 6. months; recommended by judge and solicitor; probated May 13, 1936.
WILL SMITH, ALIAS SON: February term, 1936; Criminal Court of Fulton County; misdemeanor; 6 months; recommended by judge and solicitor; probated May 13, 1936.
H. S. SAMS: March term, 1936; Criminal Court of Fulton County; possessing liquor; $50.00 or 6 months; $25.00 or 3 months; recommended by judge and solicitor; probated May 18, 1936.
WILL SHORT, ALIAS SHAW (B): May term, 1935; Criminal Court of Fulton County; simple larceny; 12 months; recommended by the judge and solicitor; probated February 5, 1936.

526

JouRNAL OF THE SENATE,

HOWARD SHAW (B): December term, 1935; Superior Court of Cobb County; driving while drunk; 12 months; recommended by the judge; probated March 18, 1936.
J. C. (CURTIS) SHAW: April term, 1936; City Court of Decatur; abandonment; 12 months; probation; $5.00 a week to wife; recommended by judge and solicitor; probated April 21, 1936.
J. W. SHAW: March term, 1936; Criminal Court of Fulton County; possessing liquor; $50.00 or 6 months; recommended by judge and solicitor; probated May 20, 1936.
CLAUD SWEAT: January term, 1936; Criminal Court of Fulton County; lottery; possessing intoxicating liquor; lottery; $150.00 and 12 months; $25.00 or 3 months and 6 months; recommended by judge. and solicitor on account of fines being paid; probated May 27, 1936.
G. B. SPAIN: March term, 1936; Criminal Court of
Fulton County; simple larceny; $100.00 and 6 months; recommended by judge, solicitor, chiet probation officer; probated May 28, 1936.
JOHNS. SCOTT: January term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $100.00 and 12 months in 2 cases; recommended by judge and solicitor; probated May 29, 1936.
LUKE SCOTT: May term, 1936; Criminal Court of Fulton County; attempted burglary (store); $50.00 and 4 months; recommended by judge, solicitor, probation officer; probated June 1, 1936.
EDGAR SMITH: November term, 1935; City Court of Colquitt County; misdemeanor; $100.00 or 12 months; recommended by the judge; probated June 2, 1936.
R. L. SHAW: June term, 1935; Superior Court of
Richmond County; burglary; 12; 12 and 12 months; recommended by trial judge and warden; probated June 10, 1936.

THURSDAY, jANUARY 14, 1937.

527

VASHTI SMITH: March term, 1936; City Court of Decatur, Ga.; drunk on highway; 12 months; recommended by judge and solicitor; probated June 13, 1936.
BURL STORY: January term, 1936; Superior Court of Fulton County; larceny of auto; 12 months; recommended by trial judge; probated June 23, 1936.

ALLEN SHELL: March term, 1936; City Court of Decatur, Ga.; having and transporting liquor; 9 months; recommended by judge and solicitor; probated June 24, 1936.

MRS. W. B. SMITH: November term, 1935; City Court of Decatur, Ga.; drunk on highway; 12 months; recommended by judge and solicitor; probated June 24, 1936.

HENRY STINSON (B): January term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $50.00 and 4 months; and 6 months; recommended by judge and solicitor; probated July 8, 1936.
Q. C. SOUTH: March term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $50.00 and 6 months; recommended by judge and solicitor; probated July 8, 1936.

CARL SMITH: April term, 1936; City Court of Cairo, Ga.; misdemeanor; 6 months; recommended by judge and probation officer; probated July 23, 1936.
ISAAC SHELTON: May term, 1935; Superior Court of Cherokee County; misdemeanor; 16 months; recommended by judge and solicitor; probated July 22, 1936.

GAINES SKINNER: January term, 1936; City Court of Carrollton; larceny from house; 12 months; recommended by trial judge, warden; probated July 28, 1936.

528

JOURNAL OF THE SENATE,

EARLY SANFORD: April term, 1936; Superior Court of Lumpkin County; misdemeanor; $75.00 or 12 months; recommended by judge; probated July 30, 1936.
JOHN SMITH (B): April term~ 1936; City Court of Decatur, Ga.; gaming and carrying conceal weapons; 3 months or $25.00 in 2 cases; recommended by judge and solicitor; probated July 30, 1936.
JOE SHELNUTT: April term, 1936; City Court of Danielsville; driving while drunk; 6 months; recommended by judge; probated August 11, 1936.
EDWARD SLATON: April term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by solicitor, probation officer and prison commission; probated September 11, 1936.

JAMES STEVENS (B): February term, 1936; Superior Court of Wilkes County; simple larceny; 12 months; recommended by county officials account injury; probated August 14, 1936.

SCURM SULLINS: May term, 1936; City Court of Hall County; misdemeanor, being intoxicated; 12 months; recommended by judge; probated August 14, 1936.

WILEY STOCKTON: August term, 1935; Superior Court of Jackson County; driving while drunk; 12 and 12 months; recommended by judge; prosecutor; and others; probated September 14, 1936.

W. M. SELF: June term, 1936; Criminal Court of

Fulton County; opp. word, wife beating, assault and battery;

3 months in 3 cases; recommended by judge and solicitor;

probated September 16, 1936.



WM. SMITH, ALIAS BOZIE SMITH: August term,
1936; Criminal Court of Fulton County; assault and battery; 6 months; recommended by judge, solicitor, prison commission; probated October 1, 1936.

THURSDAY, JANUARY 14, 1937.

-.529

LUMAN STELZ: February term, 1936; Superior Court of Hall County; manufacturing liquor; 12 months; good record; recommended by judge; probated October 1, 1936.
J. D. SHANNON: April term, 1936; Superior Court of Fulton County; burglary; 12 months; recommended by trial judge; probated October 28, 1936.
ROBERT STUDDARD: June term, 1936; City Court of Floyd County; assault (misdemeanor); 12 months; recommended by trial judge and solicitor; probated October 28, 1936.
PAUL SMITH: July term, 1936; Superior Court of Floyd County; public drunkenness; 12 months; recommended by judge and solicitor; probated October 30, 1936.
CAREY THOMAS: November term, 1935; Superior Court of Laurens County; bastardy; 12 months; recommended by judge and solicitor; probated January 27, 1936.
GEORGE THURMOND, ALIAS WILLIS: June term, 1935; Criminal Court ofFulton County; possessing liquor; 6 and 12 months; recommended by judge and solicitor; probated March 4, 1936.
MRS. ALVA THOMPSON: November term, 1935; Superior Court of Douglas County; selling liquor; 12 months; recommended by judge and solicitor; probated March 6, 1936.

ELLA THOMPSON (B): January term, 1936; Criminal Court of Fulton County; possessing liquor; $35.00 or 4 months; recommended by judge and solicitor; probated March 10, 1936.

MILTON TAYLOR (B): August term, 1935; Superior Court of Monroe County; possessing liquor; 12 months; recommended by judge, solicitor and sheriff; probated March 13, 1936.

530

JouRNAL OF THE SENATE,

CLARENCE THOMPSON, ALIAS GEO. ROBERT, ALIAS MITCHELL: December term, 1932; Criminal and Superior Court of Fulton County; fictitious checks C. and S.; 12 months in 4 cases and 6 months in 6 cases; recommended by the judges; probated April 7, 1936.
JAMES TAYLOR (B): Jan~ary term, 1936; Criminal Court of Fulton County; possessing liquor; 6 months; recommended by judge; probated May 13, 1936.
PRESTON TAYLOR: January term, 1936; Superior Court of Douglas County; possessing liquor; 12 months; recommended by judge and solicitor; probated May 27, 1936.
GEO. TAYLOR, ALIAS JIMMIE TAYLOR: January term, 1936; Criminal Court of Fulton County; fictitious check; 12 months; recommended by trial judge; probated June 11, 1936.
MABEL TAYLOR: November term, 1935; City Court of Douglas, Ga.; fornication; 12 months; recommended by judge~ sheriff, solicitor; probated June 24, 1936.
WILSON TAYLOR (B): September term, 1936; Superior Court of Pulaski County; misdemeanor; 12 months; applicant ill with T. B.; probated July 8, 1936.
R. T. TOMLIN: January term, 1936; Superior Court of Fulton County; burglary-house; 12 months; recommended by judge; probated July 27, 1936.
DICK THURMOND: June term, 1936; Superior Court of Lumpkin County; misdemeanor; $40.00 or 12 months; recommended by judge, solicitor, sheriff, and a number of citizens; probated July 30, 1936.
JOSH TURNER (B): May term, 1936; City Court of Decatur, Ga.; abandonment; 12 months; recommended by judge and solicitor; probated August 11, 1936.
VERNON, ALIAS Z. B. TERRY: May term, 1936; Criminal Court of Fulton County; simple larceny; 8 months;

THURSDAY, JANUARY 14, 1937.

531

recommended by judge and solicitor; probated September

23, 1936.

.

LESTER TERRELL (B): May term, 1936; City Court of DeKalb County; larceny; 12 months; recommended by judge and solicitor; probated September 23, 1936.

HARPER TURNER: January term, 1936; Superior Court of Floyd County; misdemeanor; 12 months; recommended by trial judge and warden; probated October 1, 1936.

EDDIE WILCOX (B): October term, 1935; Criminal " Court of Fulton County; stabbing; 8 months; recommended
by judge and solicitor; probated January 16, 1936.

BENNIE WHITE:. August term, 1935; Superior Court of Walker County; misdemeanor; 12 months; recommended by judge, solicitor, practically every county and city official; probated February 4, 1936.

HERSHELL WILLIAMS (B): January term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated February 13, 1936.
DOUGLAS WATKINS (B): November term, 1935; Criminal Court of Fulton County; carrying concealed weapons; 6 months; recommended by judge and solicitor; probated February 25, 1936.
ROBERT WHITE, WM. DOGGETT, JACKS STONE, ANSEL SMITH-AND TOM MIZE: January term, 1936; City Court of Decatur; vagrancy; 12 months; recommended by judge and solicitor; probated March 5, 1936.
BUD WALTON (B): August term, 1935; City Court of Griffin; carrying pistol; 12 months; recommended by the solicitor; probated March 14, 1936.
EUGENE WATERS: December term, 1936; City Court of Statesboro; drunk on highway; 8 months; recommended by judge; probated March 31, 1936.

532

JouRNAL oF' THE SENATE,

PEYTON WILLIAMS: August term, 1935; Superior Court of Screven County; misdemeanor; 8 and 6 months recommended by a number of citizens; has already served 8 months; probated April 1, 1936.
KELLY WILSON (B): January term, 1936; City Court of Lyons, Ga.; stealing bicycle; 9 months; recommended by the judge and county physician; probated April 14, 1936.
JIM (J. H.) WALKER: June term, 1935; City Court of Bulloch County; larceny from house, possessing liquor; 12 months or $100.00 and 6 months; recommended by the judge; probated April 15, 1936.
JIMMIE AND HUGH WALLACE: October term, 1935; Superior Court of Henry County; public drunkenness; 12 months; recommended by judge and solicitor; probated April 24, 1936.

CLAUD WEIR (B): October term, 1935; Superior court of Fulton County; larceny of auto; 10 months; recommended by judge and probation officer; probated April 22, 1936.
HENRY WILLIAMS (B): April term, 1936; Criminal Court of Fulton County; lottery; $50.00 or 6 months; recommended by the judge; probated April 21, 1936.
JOE WALKER (B): January term, 1936; Superior Court of Harris County; manufacturing liquor; 6 months. recommended by trial judge; probated April 21, 1936:
JAMES WILSON: March term, 1936; Criminal Court of Fulton County; operating auto while intoxicated; $25.00 and 6 months; recommended by judge and solicitor; probated April 21, 1936.
MRS. J. C. WARD: August term, 1934; City Court of Dublin, Ga.; misdemeanor; 12 and 12 months; recommended by judge and solicitor; probated May 1, 1936.

THURSDAY, JANUARY 14, 1937.

533

JOHNNIE LEE WILLIS (B): August term, 1935; Superior Court of Meriwether County; driving car while drunk; $50.00 or 12 months; recommended by solicitor, county officers and others; probated May 13, 1936.
BEN WILLIAMS (B): March term, 1936; Superior Court of Fulton County; stabbing; 12 months; recommended by the judge; probated May 14, 1936.
MARTIN WALKER (B): May term, 1936; Criminal Court of Fulton County; possessing liquor; $25.00 or 3 months; recommended by judge and solicitor; probated May 20, 1936.
WALTER WILLIAMS: March term, 1936; Criminal Court of Fulton County; operating auto while drunk; $50.00 and 6 months; recommended by judge under conditions applicant is not to drive a car during probation period; probation granted May 27, 1936.
H. C. WALKER: December term, 1935; Criminal Court of Fulton County; possessing intoxicating liquor; 12 months; recommended by judge, solicitor, chief probation officer; probated June 10, 1936.
SIM WEBB: June term, 1936; City Court of Griffin; possessing liquor; 10 months or $75.00 fine; recommended by trial judge and sheriff; probated June 10, 1936.
ELLIS WATSON: May term, 1936; Criminal Court of Fulton County; possessing liquor; $25.00 and 4 months recommended by trial judge, solicitor, chief probatio~ officer; probated June 10, 1936.
WM. WYNN: June term, 1936; County Court of Baldwin; operating auto while intoxicated; 6 months or $60.00 conditional probation recommended by trial judge; pro~ bated June 24, 1936.
DAVID WISE: June term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by judge and solicitor; probated June 24, 1936.

534

JouRNAL oF THE SENATE,

CLARENCE WILLIAMS: May term, 1936; City Court of Decatur, Ga.; simple larceny; 12 months; recommended by judge on condition payment of fine of $150.00; probated June 24, 1936.
EMMA WILLIAMS: September term, 1935; Criminal Court of Fulton County; stabbing; 12 months; recommended by trial judge, solicitor, and prison commission; account death applicant's daughter; probated June 30, 1936.
REUBEN WARD: November term, 1935; Superior Court of Oconee County; misdemeanor; 12 months; good prison record; recommended by county officials and several citizens of Oconee County; probated June 30, 1936.
TOM WRIGHT: April term, 1936; Criminal Court of Fulton County; carrying concealed weapons; $35.00 or 6 months; recommended by judge and solicitor; probation granted July 2, 1936.
WILLIE WYKES: March term, 1936; Criminal Court of Fulton County; stabbing; $100.00 and 12 months; recommended by :the judge and solicitor; probated July 8, 1936.
ESTELLE WILLIAMS (B): February term, 1936; Criminal Court of Fulton County; simple larceny; 8 months; recommended by judge and solicitor; probated July 8, 1936.
HAROLD WYLIE (B): March term, 1936; Criminal Court of Fulton County; stabbing, negro fight;$ 50.00 or 6 months; recommended by judge and probation officer; probated July 23, 1936.
J. C. WILLIAMS (B): June term, 1935; Criminal Court of Fulton County; stabbing, negro fight; 12 months and 12 months; recommended by judge and solicitor; probated July 23, 1936.
GLENN WHITE, FRED PATTERSON AND HOYT WEBSTER: February term, 1936; Superior Court of Muscogee County; arson; 6 months; recommended by trial judge; probated July 22, 1936.

THURSDAY, jANUARY 14, 1937.

535

L. W. WRIGHT, ALIAS ALONZO NELSON: June term, 1936; Criminal Court of Fulton County; ,stabbing; $50.00 and 4 months; recommended by judge and soliCitor; probated August 12, 1936.
CARSON WALKER: May term, 1936; City Court of Sylvania; simple larceny; 10 months; recommended by judge and prosecutor; probated August 11, 1936.
GRANT WARNER: September term, 1935; Superior Court of Coweta County; burglary; 12 months and 6 months in jail; recommended by the judge; probated August 11, 1936.
HENRY WILLIAMS: June term, 1936; Criminal Court of Fulton County; assault and battery; $25.00 or 3 months; recommended by trial judge and solicitor; probated August 11, 1936.
RUBY WILSON: May term, 1936; City Court of Hall County; drunkenness; 9 months; recommended by the judge; probated September 15, 1936.
FRANK WILLIAMS: May term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; 12 months; recommended by judge and solicitor; probated September 17, 1936.
JOE WALTERS: June term, 1936; Criminal Court of Fulton County; assault and battery $50.00 or 6 months; recommended by the judge and sblicitor; probated September 16, 1936.
JAMES WELDON (B): May term, 1936; City Court of Decatur; public drunkenness; 12 months; recommended by judge and solicitor; probated September 23, 1936.
RUBE WHITE: March term, l936; City Court of Jesup, Ga.; public drunkenness; 10 months; recommended by trial judge and by the Prison Commission; probated September 28, 1936.

536

JouRNAL OF THE SENATE,

JULIA WINN: July term, 1936; Criminal Court of Fulton County; concealed weapons; $50.00 or 6 months; recommended by judge and solicitor; October 14, 1936.
OSCAR W. WILLIAMS: June term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $50.00 and 6 months; recommended by judge and solicitor; probated October 14, 1936.
L. L. WORLEY: September term, 1936; Criminal
Court of Fulton County; malicious mischief; $2!?.00 or 4 months; recommended by trial judge and solicitor; probated October 28, 1936.
BILL WILSON: February term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor, speeding, failing to stop after accident; 6; 3; 3 and 3 months concurrent; recommended by judge and solicitor; probated October 14, 1936.
WALTER WRIGHT: January term, 1935; Superior Court of Jenkins County; rape; 1 to 5 years; recommended by trial judge, solicitor, warden, county commissioners; probated October 30, 1936. Not recommended by the Prison Commission.
ROBERT WHITE (Col.): June term, 1936; Criminal Court of Fulton County; lottery; 6 months; recommended by trial judge and solicitor; probated October 16, 1936
MINNIE WALKER: April term, 1936; Superior Court of Lumpkin County; misdemeanor; 12 months; recommended by the judge; probated November 10, 1936.
W. W. WATKINS: July term, 1936; City Court of Cairo, Ga.; misdemeanor; 6 months; recommended by the trial judge; probated November 9, 1936.
JESSE ZACHERY (B): December term, 1935; City Court of Decatur, Ga.; assault and battery; 10 months; recommended by judge and solicitor; probated February 3, 1936.

THURSDAY, jANUARY 14, 1937.

537

MARION ZETTLER: October term, 1935; City Court of Sylvania; violating prohibition law; 10 and 3 months; recommended by judge and solicitor on payment of fine of $50.00; probated May 26, 1936.
JIM REESE: July term, 1936; Superior Court of Cherokee County; misdemeanor; (drunkenness); 12 months; recommended by trial judge on condition applicant's relatives take care of him; probated Dece'mber 9, 1936.
EUGENE FLOYD: September term, 1936; City Court of Floyd County; driving while drunk; 6 months; recommended by the solicitor and a number of other responsible citizens; probated December 9, 1936.,
DORSEY SMITH: July term, 1936; Superior Court of Rockdale County; having liquor; $25 or 3 months; $50 or 12 months; recommended by trial judge; probated December 9, 1936.
FRANK JONES: September term, 1936; City Court of Decatur; simple larceny; 4 months; recommended by trial judge and solicitor; probated December 9, 1936.
HUGH SMITH: August term, 1936; Superior Court of Gordon County; larceny; 6 months; recommended by solicitor, prosecutor, county officials, and others; probated December 9, 1936.
DOCK PERKINS: October term, 1936; Superior Court of Fulton County; shooting at another; 12 months; recommended by trial judge; probated December 9, 1936.
EUGENE BAKER: September term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $50 and 6 months; recommended by trial judge and solicitor; probated December 1, 1936.
AUBREY KEY: October term, 1936; Superior Court of Thomas County; larceny; 12 months; recommended by solicitor, warden, county physician; probated December 8, 1936.

538

JouRNAL oF THE SENATE,

T. M. HOFF: June term, 1936; Criminal Court of Fulton County; cheating and swindling, beating hotel bill; $25 and 6 months each case consecutively; recommended by judge and solicitor; probated December 7, 1936.
JAMES JOHNSON: November term, 1936; Criminal Court of Fulton County; violating motor vehicle law, lottery, speeding; 6 months in each case consecutively; recom. mended by judge and solicitor; probated December 7, 1936.
WILL STANLEY: July term, 1936; Superior Court of Harris County; manufacturing liquor; 8 months; recommended by judge; probated December 7, 1936.
M. E. BROWN: July term, 1936; City Court of Hall County; misdemeanor, drunkenness; 12 months; recommended by the judge; probated December 7, 1936.
ROBERT COOK: November term, 1936; Criminal Court of Fulton County; wife beating; 12 months; recommended by the trial judge and solicitor on account of request of applicant's wife; probated December 9, 1936.
OTIS SMITH: July term, 1936; Superior Court of Rockdale County; operating auto while drunk; $25 or 3 months; $50 or .12 months; recommended by trial judge; probated December 9, 1936.
OSCAR LOCKLEAR: April term, 1936; Superior Court of Floyd County; burglary; 12 months; recommended by trial judge and solicitor; probated December 9, 1936.
JAMES GAY: September term 1936; City Court of Decatur; assault and battery; 12 moqths; recommended by trial judge and solicitor; probated December 9, 1936.
EUGENE JOHNSON: .June term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by trial judge and solicitor; probated December 9, 1936.
JOHN HARRIS.: August term, 1936; City Court of Hall County; drunkenness; 12 months; 6 months; recom-

THURSDAY, JANUARY 14, 1937.

539

mended by trial judge due to age of prisoner and length of time served; proba'ted December 9, 1936.
GEORGE O'HARA: September term, 1936; City Court of Waycross; larceny; 7 months; recommended by trial judge; probated December 9, 1936.
P. C. MORRIS: May term, 1936; Criminal Court of Fulton County; simple larceny; 12 months; recommended by trial judge and solicitor; probated December 9, 1936.
WALTER BANNISTER: October term, 1936; criminal Court of Fulton County; simple larceny; 6 months; recommended by trial judge; probated December 9, 1936.
ROY HUNTER: October term, 1936; Criminal Court of Fulton County; simple larceny; 6 months; recommended by trial judge and solicitor; probated December 9, 1936.
JOHN WHITE: September term, 1936; City Court of Decatur; drunk; 12 months; recommended by judge and solicitor; probated December 9, 1936.
R. T. PHILLIPS: September term, 1936; Criminal Court of Fulton County; simple larceny; 8 months; recommended by trial judge; solicitor; probated December 9, 1936.
LINTON HOWARD: November term, 1936; City Court of Decatur; simple larceny; 12 months; recommended by trial judge and solicitor; probated December 9, 1936.
MAUDE,. MASTON: October term, 1936; Superior Court of Butts County; having and selling liquor; 12 months; applicant is an old negro woman and promises to quit dealing in liquor; good prison record; probated December 7, 1936.
WILL HARRIS: April term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $150 and 12 months; recommended by Prison Commission, judge and solicitor; probated November 24, 1936.

540

JouRNAL OF THE SENATE,

LEE STAFFORD (B): September term, 1936; Criminal Court of Fulton County; operating auto while intoxicated; $50 or 6 months; recommended by judge and solicitor; probated November 25, 1936.
A. D. GAY: July term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $100 and 8 months; recommended by judge and solicitor; probated November 25, 1936.
HUGH RICHARDSON: August term, 1936; Criminal Court of Fulton County; possessing liquor; 4 months in 3 cases; recommended by judge and solicitor; probated December 2, 1936.

DALLEY GRINDLE: September term, 1936; City Court of Hall County; drunkenness; 12 months; recommended by judge and warden; probated December 1, 1936.

HUIE WILLIAMS: August term, 1936; City Court of

Decatur, Ga.; abandonment, wife beating; 12 months; rec-

ommended by trial judge, solicitor, warden; probated Decem-

ber 7, 1936.



ANNIE MAE ARNOLD: August term, 1936; Criminal

Court of Fulton County; simple larceny; 6 months; recom-

mended by Prison Commission, judge and solicitor; pro-

bated November 23, 1936.

.

JAMES JACKSON: April term, 1936; Superior Court

of Fulton County; burglary; 12 months; recommended by

trial judge; probated December 10, 1936.

FRED HARDY: April term, 1936; Superior Court of Fulton County; burglary; 12 months; recommended by trial judge; probated December 10, 1936.

LEE PARHAM: August term, 1936; Criminal Court
of Fulton County; larceny after trust; 12 months; recommended by trial judge and solicitor; probated December 10, 1936.

THURSDAY, jANUARY 14, 1937.

541

CHARLES LOWERY: December term, 1935; Criminal Court of Fulton County; carrying concealed weapon and pointing pistol; 16 months; recommended by trial judge and solicitor; probated December 10, 1936.
CURTIS GARDNER: July term, 1936; Superior Court of Harris County; manufacturing liquor; 8 months; recommended by trial judge; probated December 10, 1936.
WILBUR JOHNSON: July term, 1936; Superior Court of Harris County; manufacturing liquor; 8 months; recommended by trial judge; probated December 10, 1936.
FRED GIBSON: June term, 1936; Criminal Court of Fulton County; receiving stolen goods; 12 months; recommended by judge and solicitor; probated December 11, 1936.
SARAI DAVIS: April term, 1936; Superior Court of Screven County; selling liquor; 12 months; recommended by judge; probated December 11, 1936.
J. T. CUNNINGHAM: June term, 1936; City Court of Griffin; possessing and transporting liquor; 10 months or $100; recommended by judge; probated December 14, 1936.
FRED EDGE: July term, 1936; Superior Court of Hall County; being drunk; 18 months; recommended by judge; probated December 15, 1936.
WILLIE ARMOUR: August term, 1936; City Court of Hall County; drunkenness; 6 months; recommended by judge; probated December 15, 1936.
DAVE DORSEY: March term, 1936; Superior Court of Cherokee County; driving while drunk; 12 months; recommended by judge; probated December 15, 1936.
TOMMIE LEE JACKSON (B): September term, 1936; Criminal Court of Fulton County; carrying concealed weapon; 6 months; recommended by the judge; probated Decemher 15, 1936.

542

JouRNAL OF THE SENATE,

LONNIE REYNOLDS (B): April term, 1936; Criminal Court of Fulton County; simple larceny; assault and battery; 6 months, 6 months to follow, 3 months concurrently; recommended by judge . and solicitor; probated December 15, 1936.
FRANK ROBINSON: August term, 1936; City Court of Hall County; misdemeanor; 12 months; recommended by judge; probated December 16, 1936.
JAKE STONE: May term, 1936; Superior Court of Irwin County; simple larceny; 9 and 9 months; recommended by Judge R. Eve upon payment of costs in last sentence; probated November 25, 1936.
J. D. SMITH: September term, 1936; City Court of Carrollton; misdemeanor; 6 months; recommended by the judge; probated December 21, 1936.
PAULINE MOORE: April term, 1936; Superior Court of Fulton County; assault to murder; 12 months; recommended by judge; probated December 22, 1936.
WILLIE HUMPHRIES: June term, 1936; Criminal Court of Fulton County; possessing intoxicating liquor; $75 and 6 months; recommended by judge and solicitor; probated December 22, 1936.
GORDON SMITH: June term, 1936; City Criminal Court of Decatur, Ga.; misdemeanor; $10 and 12 months and 6 months; recommended by judge and assistant solicitorgeneral; probated December 23, 1936.
WILLIE DERRICK: September term, 1935; Superior Court of Peach County; cheating and swindling; 12 and 12 months; recommended by judge and solicitor; probated December 22, 1936.
ALTON BRADLEY: September term, 1936; City Court of Carroll County; misdemeanor; 12 months; recommended by judge on payment of $40 fine; probated December 23, 1936.

THURSDAY, jANUARY 14, 1937.

543

BERTHA RUIS: May term, 1936; Superior Court of Lowndes County; misdemeanor; 12 months; recommended by judge and solicitor; probated December 23, 1936.
PAUL McBRAYER: June term, 1936; Criminal Court of Fulton County; misdemeanor, vagrancy; 6 months and 6 months; recommended by judge and solicitor; probated December 23, 1936.
TOM JOHNSON: September term, 1936; Superior Court of Johnson CQunty; simple larceny; 12 months; recommended by judge, solicitor, and others; probated December 23, 1936.
ED AND GARLAND RIDDLE: August term, 1936 Superior Court of Walker County; misdemeanor; 12 months and 9 months; recommended by judge, prosecutor, et al.; probated December 23, 1936.
EUGENE CARAWAY: August term, 1936; Superior Court of Laurens County; misdemeanor; 12 months; recommended by solicitor, prosecutor, judge, and others; prObated December 30, 1936.
ROBERT BURGE (B): September term, 1936; Criminal Court of Fulton County; cheating and swindling; 9 months; recommended by judge and solicitor; probated December 30, 1936.
CURTIS LOVVORN: October term, 1936; City Court of Carrollton; misdemeanor; 6 months; recommended by judge; probated December 30, 1936.
GENERAL BANKS (B): August term, 1936; Superior Court of Franklin County; misdemeanor; 12 months; recommended by judge and solicitor; probated December 30, 1936.

CHANDLER SMITH: March term, 1936; Superior Court of Madison County; misdemeanor; 12 months; recommended by judge; probated December 30, 1936.

544

JouRNAL OF THE SENATE,

J. C. CAVENDER: March term, 1936; Superior Court of Walker County; misdemeanor; 12 months; recommended by solicitor, judge, sheriff, and others; probated December 23, 1936.
C. D. THOMAS: July term, 1936; City Court of Macon; escape; 12 months or .$100; recommended by judge; probated December 30, 1936.
BEN DAVIS (B): September term, 1936; City Court of Camilla, Ga.; assault and battery; 18 months; recommended by judge and solicitor; probated December 31, 1936.
MURRAY EDWARDS: March term, 1936; Superior Court of Morgan County; possessing liquor; 12 months; recommended by trial judge and solicitor and warden; probated October 28, 1936.
FLOYD DRIVER: August term, 1936; Superior Court of Haralson County; possessing liquor; 12 months; recommended by judge, solicitor, and others; probated January 4, 1937.
J. J. LEMMING: June term, 1936; Superior Court of Fulton County; burglary (misdemeanor); 12 months; recommended by trial judge; probated December 9, 1936.
GRADY HICKS: October term, 1936; Superior Court of Fulton County; robbery; 11 months; recommended by judge and solicitor; probated December 31, 1936.
, JACK CHRISTOPHER: October term, 1936; Superior Court of Fulton County; robbery; 11 months; recommended by judge and solicitor; probated December 31, 1936.
HUGH AMERSON: July term, 1936; Superior Court of Baldwin County; possessing liquor; 12 months; recommended by trial judge; probated January 7, 1937.
BUSTER COX: November term, 1936; County Court of Henry County; simple larceny; 6 months; recommended by trial judge; probated January 7, 1937.

THURSDAY, JANUARY 14, 1937.

545

WEBSTER MABREY: November term, 1936; County Court of Henry County; larceny; 6 months; recommended by trial judge; probated January 7,1937.
MISS NINA TOOTLE: July term, 1936; City Court of Reidsville, Ga.; vagrancy; 12 months; recommended by trial judge; probated January 7, 1937.
ROLAND WILSON: October term, 1936; Superior Court of Thomas County; burglary; 6 months; 6 months in jail; recommended by trial judge; probated January 7, 1937.
JOHN A. TEAGLE: June term, 1936; City Court of Newnan; violating prohibition law; 3 months; recommended by judge and solicitor; probation granted August 11, 1936.
THELMA TERRELL: January term, 1936; Criminal Court of Fulton County; recommended by judge and solicitor; simple larceny; misdemeanor 2 cases; 12 months; 12 months; probated September 23, 1936.
ROOSEVELT DODSON: October term, 1933; Superior Court of Colquitt County; manslaughter; 7 to 12 years; recommended by trial judge and has a good prison record; probated January 9, 1937.
KID JACKSON: January term, 1935; Superior Court of Baldwin County; assault to murder; 2 to 5 years; recommended by prosecutor, warden and others familiar with the case; probated January 9, 1937.
JESSE BINGHAM: April term, 1936; Superior Court of Hall County; misdemeanor; 12 months; recommended by judge; good prison record; probated January 12, 1937.

Senator Atkinson of the 1st District moved that the Senate take a recess subject to the call of the Chair and the motion prevailed.

The President called the Senate to order.

546

JouRNAL oF THE SENATE,

Senators Peterson of the 15th District, Flynt of the 26th District, Griner of the 45th District, and Burgin of the 24th District were granted leaves of absence for Friday and Saturday, January 15th and 16th.

The Chair announced that it was his preferrence that all visitation Committees of the Senate, if possible, arrange their visits for next week, January 18th to January 23rd.

On a point of order by Senator Lindsay of the 34th Disttict, the President stated that it was not mandatory, however, that the visits be arranged at this time.

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

.Mr. President:
The House has adopted the following resolution of the Senate:
By Senator Atkinson of the 1st District-
Senate Resolution No. 10. A resolution providing that the General Assembly of Georgia reconvene in regular session on Monday, January 25, and for other purposes.

The House has adopted the following resolution of the House:
By Mr. Sutton of Wilkes-
House Resolution No. 22. A resolution providing that the General Assembly recess at the time of adjournment on Monday, January 18, 1937, until 10:00 o'clock Wednesday, January 20, and at that time the ten day session of the General Assembly will stand automatically adjourned.

The following resolution of the House was read:

THURSDAY, JANUARY 14, 1937.

547

By Mr. Sutton of Wilkes-
House Resolution No. 22. A resolution: Be it resolved by the House, the Senate concurring, that the General AsseJ:nbly of Georgia recess at the time of adjournment on Monday, January 18, 1937, until 10:00 o'clock A. M. Wednesday, January 20, 1937, and that at that time the ten day organization session of the General Assembly stand automatically adjourned sine die, in order that during the period of recess and before the beginning of the regular session of the General Assembly all travel and visitation committees may make their visitations and be ready to report to the General Assembly at the beginning of the regular session.
Senators Ennis of the 20th District and Jackson of the 14th District offered amendments to the resolution. Both the amendments were lost.
On the adoption of the resolution the Ayes 26, Nayes 12.
The resolution was adopted.
Senator Atkinson of the 1st District moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned untillO:OO o'clock tomorrow morning.

548

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, JANUARY 15, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Pope of the 7th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Terrell of the 19th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District moved that when the Senate adjourn today that it stand adjourned until Monday, January 18th, at 11:00 o'clock, A. M. The motion prevailed.
The following communication was received from His Excellency, the Governor, through the Executive Secretary, Hon. Downing Musgrove:
January 14, 1937.
HoN. JoHN B. SPIVEY, President
AND MEMBERS OF THE STATE SENATE,
State Capitol,
Atlanta, Georgia,
Dear Mr. President and Senators: I transmit to you herewith a report of the Examination
of the State Department of Agriculture for the year 1936.

FRIDAY, jANUARY 15, 1937.

549

Due to the facts revealed in this report, I feel that I should transmit it to you officially in this manner and officially call your attention to the comments and information contained therein as a matter of information to you for such action and direction as you may see proper to give it.
Respectfully,
E. D. RIVERS,
Governor.
(Tbe page numbers referred to in the following report are page numbers in the State Auditor's typewritten copy of the report.)
REPORT OF EXAMINATION STATE DEPARTMENT OF AGRICULTURE
YEAR 1936 HoN. E. D. RIVERs,
Governor of Georgia,
Atlanta, Georgia.

Dear Sir:
I submit herein in the following pages my report on the examination of the accounts of the

STATE DEPARTMENT OF AGRICULTURE

for the

YEAR 1936

as indexed on the following page.

Atlanta, Georgia. Jan~ary 13, 1937.

Respectfully yours, ToM WisDoM, State Auditor.

550

JouRNAL oF THE SENATE,

-INDEXComments....................................... I Current Balance Sheet............................. 1 Consolidated Statement of Receipts. . . . . . . . . . . . . . . . . 2 Consolidated Statement of Payments................ 3 Statement of Revenue Receipts..................... 5 Statement of Receipts for Maintenance Fund... . . . . . . 6 Statement of Payment from Maintenance Fund. . . . . . 7 Detail of Payments for Regular Maintenance......... 9 Detail of Payments for Operations Atlanta Market.... 10 Detail of Payments for Construction Atlanta Market.. 11 Detail of Payments for Operations Valdosta Market... 11 Detail of Payments for Operations Macon Market. . . . 12 Detail of Payments for Operations Douglas Market. . . 12 Detail of Payments for Operations Thomasville Market 12 Detail of Payments for Screw Worm Eradication...... 13 Detail of Payments for Egg Control.. . . . . . . . . . . . . . . . 13 Detail of Payments for Market Bulletin. . . . . . . . . . . . . 13 Detail of Payments for Veterinary Purposes.......... 14 Detail of Collections not Reported. . . . . . . . . . . . . . . . . . 15 Detail of Personal Service Payments. . . . . . . . . . . . . . . . 17 Detail of Trav~l Expense Payments. . . . . . . . . . . . . . . . . 17 Detail of Payments for Rents Atlanta Market........ 30 Detail of Payment for Rents Macon Market. . . . . . . . . 30

FRIDAY, JANUARY 15, 1937.

551

SECTION II
REPORT ON MAINTENANCE ACCOUNT ON ACCRUAL BASIS
Summary of Operations all Divisions. . . . . . . . . . . . . . . . 33
Detail of Expenses for all Divisions including Payments shown in previous Section plus the Distribution of Unpaid Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Detail of Outstanding Debts by Debtor.. . . . . . . . . . . . . 45

SECTION III
RECONCILIATION OF ADVANCES PETTY CASH AND BANK BALANCES Detail of Travel Advance Account. . . . . . . . . . . . . . . . . . 51 Analysis of Petty Cash Fund. . . . . . . . . . . . . . . . . . . . . . . 52 Reconciliation of Revenue Account Bank Account. . . . 53 Reconciliation of Maintenance Account Bank Account. 55

COMMENTS
In making the examination of the records of the State Department of Agriculture each item of receipts was inspected, classified and reported in the following pages. All payments made by the department were made by check and supported by invoices, with the exception of salaries which were supported only by the checks themselves, all checks appear to bear the proper indorsements.
INDEBTEDNESS
On Page 1 of this report is shown the amount of Indebtedness of the department as of December 31st, 1936$69,834.64-the detail of which is shown on page 45. Effort was made to correctly establish the amount of the in-
debtedness and the amount shown herein .is the amount

552

JOURNAL OF THE SENATE,

this office has knowledge of up to January 12, 1937, $69,349.74 of which has been verified by letter. We believe that the amount shown is substantially correct, however, there may be some additional small amounts of which we have no knowledge.

COLLECTIONS UNREPORTED ON BOOKS-$6,127.18
On page 2 appears an item of $4,127.18 fees collected but not entered on the books and unaccounted for. These fees are detailed on page 15 showing companies from whom the fees were received.
Also, an item of $2,000.00 is set up as due the State from Farmers Market leases unreported on books. This is an involved transaction. Briefly stated, Mercer J. Harbin, in April, 1936 had acquired a lease on a part of a building on the Market grounds and facing Piedmont Avenue (the original lease having been to Roy Young under date of November 19, 1935 on which Young paid in $2,500.00). Also, in April, 1936 Mr. Harbin appeared to hold a lease on the 2nd floor of No. 62 Courtland Street, N. E. (the original lease having been to W. H. Thompson under date January 28, 1936 on which Thompson paid in $2,000.00). Mr. Harbin states that he exchanged the Courtland Street lease to L. T. Snider (an employee of the Department of Agriculture) for the part of the Piedmont Avenue building not covered by the November 1935 lease.
There is no record of Snider holding any lease on the Piedmont Avenue property, but there was exhibited to my examiner an undated receipt from Snider to the Commissioner of Agriculture for $2,000.00, "refund ofW. H. Thompson lease". I am of the opinion from information obtained that Snider was allowed the use and occupancy of the Piedmont Avenue property and that his transfer of such occupancy permit to Harbin was acquiesced in by the Commissioner of Agriculture and that since Snider executed his receipt for $2,000.00 for refund on the Thompson lease

FRIDAY, JANUARY 15, 1937.

553

which he received in the exchange, that the value of the Snider part in the Piedmont Avenue property is thereby established at that amount.

REVENUE RECEIPTS
The total Reve~ue Receipts of the department shown on page 2, for the year 1936, exclusive of amounts shown as not reported, was $320,724.22 of which $266,815.18 was remitted to the State Treasury General Fund; $46,155.00 was remitted to the State Treasury Farm Market Fund and the balance, including $7,558.25 from Egg Stamps sales and $179.79 from Miscellaneous sources was used for Maintenance purposes.
It was necessary to make this report in two periods of the year because of the death of the cashier.

MAINTENANCE OPERATIONS
On pages 6 and 7 are shown statements of cash receipts and payments for the Maintenance operations and supported by detail, pages 9 through 14, giving payments made for each of the various divisions of the department, and supported further by detail of payments for Personal Services and Travel Expense shown on pages 17 through 29. On page 30 is shown a detail of the rent payments made during the year 1936 on the properties of the Atlanta and Macon Markets.
A comparison reveals that the rent payments for the property on which the Atlanta Farmers Market is constructed amounted to 36% of the total fees and rents received from the Market in 1936.
Refer to page 30 for a list of the real estate companies and individuals arranging and receiving payments on these leases, together with the monthly rental rates.
I wish to call attention to the fact that the distribution of the expense payments to the various divisions was made

554

JouRNAL OF THE SENATE;

in accordance with the hook records and from what other outside information that could be obtained.
On page 9 of this report is shown for the period of 1/1 /36 to 11/20/36 an item of Advances-officials and employees$6,145.00 and is shown as repaid in the period 11/21/36 to 12/31/36. This item is completely detailed on page 51 of this report.

Realizing that under the circumstances, where 20% of the total expenses of the department are unpaid, that a statement of cash receipts and payments therefrom does not properly reflect the operations, I have, in addition to the Statements of cash receipts and payments, beginning on page 33 of this report compiled Statements of the operations of the department including the amounts paid and unpaid.

I wish to call attention to the item of transfers from

State Treasury for Screw Worm Eradication shown in the

following summary of operations. This item was appro-

priated under Special Act by the 1935 General Assembly

for the specific purpose and was for the year 1935 only-

under the financial set up of the State for 1936 the State

Department of Agriculture again received the benefit of

this item, and the funds were used mainly for purposes other

than Screw Worm eradication.



I have been informed that, in addition to the amount shown below as the construction cost of the Atlanta Farmers Market, the County of Fulton furnished labor for the Construction of the Market estimated to have a value of approximately $50,000.00, however, I have no record of this amount.

Follows the summary of operations of the State Department of Agriculture as taken from pages .33, 34 and 35 of this report:

FRIDAY, JANUARY 15, 1937.

555

MAINTENANCE FUNDS
Funds Available for ...... $164,415.79 Expense Payments ....... 172,727.60

Deficit in Available funds over payments ........................ . $ (-)8,311.81
Expense Unpaid 12/31/36.......... . (-)18,852.03

TOTAL Deficit in Operations Maintenance ...................... . $(-)27,163.84
ATLANTA MARKET FUNDS
Funds Available for ...... $ 41,514.29 Expense and Cbnstruction
Payments. . . . . . . . . . . 79,346.00

Deficit in Available funds over payments......................... $(-)37,831.71
Expense and Construction Unpaid 12/31/36........................ (-)49,922.87

TOTAL Deficit in Operations and Constl}lction................... $(-)87,754.58
VALDOSTA MARKET FUNDS
Funds Available for ...... $ 43.76 Expense Payments. . . . . . . 214.96

Deficit in Available funds over pay-

ments......................... $ (-)171.20

Expense Unpaid 12/31/36.. . . . . . . . . .

85.87

TOTAL Deficit in Operations...... $ (-)257.07

556

JouRNAL OF THE SENATE,

MACON MARKET FUNDS
Funds Available for ...... $ 4,421.40 Expense Payments. . . . . . . 4,433.90

Deficit in Available funds over pay-

ments......................... $ (-)12.50

Expense Unpaid 12/31/36.......... .

(-)355.90

TOTAL Deficit in Operations...... $

DOUGLAS MARKET FUNDS

Funds Available for ...... $ Expense Payments. . . . . . .

.00 89.16

(-)368.40

TOTAL Deficit in Operations...... $
THOMASVILLE MARKET FUNDS Funds Available for ...... $ 116.05 Expense Payments. . . . . . . 252.60

(-)89.16

TOTAL Deficit in Operations...... $ (-)136.55
SCREW WORM ERADICATION FUNDS Funds Available for ...... $ 47,250.00 Expense Payments. . . . . . . 2,644.00

TOTAL Surplus in Operations ....
EGG CONTROL Funds Available for ...... $ 7,558.25 Expense Payments. . . . . . . 6,189.16

$44,606.00

Surplus in Available funds over pay-

ments......................... $ 1,369.11

Expense Unpaid 12/31/36.......... .

(-)617.97

TOTAL Surplus in Operations. . . . . $

751.12

TOTAL Net Deficit in Operations.. $(-)70,412.48

FRIDAY, JANUARY 15, 1937.

557

RECONCILIATION
Total Net Deficit in Operations. . . . . . . . $ Less: Decrease prior year cash balance.

70,412.48 577.84

TOTAL Accounts Payable 12/31/36 (page 1)....................... $ 69,834.64

CONCLUSION
As required by law the Commissioner of Agriculture is bonded in the amount of $50,000.00 with the American Surety Co.
In addition the Cashier, now deceased, was bonded, at the discretion of the Commissioner of Agriculture, in the amount of $10,000.00 with the American Surety Co.

STATE DEPARTMENT 01' AGIUCULT"O'U CURRENT FUND BALANCE SBEJ:T December 31, 1936

ASSETS

Cash in Banks _________________________ $ CaAschcoitnuatS_t_a_t_e__T__r_e_a_s_u__r_y__F_a__r_m___M__a_r_k_e_t

156.66 59.50

$ Collections tuareported on books
(Revenue Collections)____________ $ 6,127.18

Less not immediately realizable (See Comments)__________________ (-)6,127.18

216.16
.()()

Total Assets___________________ LIABILITIES

$

216.16

====

Accounts Payable

Regular Operations___________________ $ 14,421.44

MarketBulletin______________________

1,475.02

,eterinary____________________________

2,955.57

Atlanta Market-Operations__________

8,515.50

-Construction.... ____

41,407. if1

,aldosta Market______________________

85.87

Macon Market________________________

355.90

Egg ControL_________________________

617.97

Total Accounts Payable___________________________ $ 69,834.64

DBJ'ICIT---- .... _________ ...... _. __ ....... ___ ____ _______ (-)69,618.48

$

216.16

.558

JouRNAL OF THE SENATE,

STATil DBPARTMBNT 01' AGRICULTURE CONSOLIDATED STATD'IBNT 01' ACCOUNTS
Year 1936
BBCBIPTS
BBVBNUE FertilizerFees_________________________________________ $ 216,746.37 FeedFees ______________________________ $ 51,804.63

Less Collections not Reported________ (-)4, 127.18

47,677.45

Dair,rFees____________________________________________ _
_______________________________ _ Egg Statnps__________________________________________ _
~~~~~~~~arkets

1,942.93 7,558.25
453.34

Atlanta________________ $ 43,568.88 Less item not reported (-)2,000.00 $
!lacon_______________________________ _ ~omasville _________________________ _ 1Valdosta ____________________________ _

41,568.88
4,421.40 116.05 43.76

46,150.09

Sale Health Certificates & 1Veterinar,r Supplies________ Sale Bacteria__________________________________________ Commissions Telephone Pay Stations_________________

97.34 77.25 21.20

Total Revenue Receipts______________________________ $ 320.724,22

NON-BBVBNUE

Transfers from

State Treasur,r Maintenance Acct. ___ _ $ 164,220.00

State Treasur,r Screw Worm Fund___ _ 47,250.00

State Treasur,r Farm Market Acct. ___ _ 46,095.50

Revenue Collections Acct.

(Egg Stamp Funds)________________ _

7,558.25

J'otal Non-Revenue______________ _

265,123.75

BALANCES Jan. 1st, 1936 For Operations ___ ---------------------- $ For Revenues _______________ -----------

734.50 .00

734.50

Total________________________________________________ $ 586,582.47

PAYMENTS

GOVERNMENTAL COST-EXPENSE

TPerarsvoenl aElxSpeernvsiecse,s,DDeteatialilppagagee171_7_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-

_

$

115,492.58 34,310.33

Supplies _____________________________________________ _ Communication Services _____________________________ _

9,083.20 13,273.20

Heat, Light, Power & Water Services__________________ _

5,637.21

PRreipnatiirnsg__a_n_d__P__u_b_l_i_c_i_ty_______________________________________________________________ __

26,308.10 7,437.75

IRnesnutrsa,nDceet_a_i_l_p_a__g_e_3__0_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

17,380.00 164.55

--,~J.~i:,~_~~ui!~~=======================================

498.50 1,397.24

~otal Expense Payments ___________________________ _ $ 230,982.66

FRIDAY, JANUARY 15, 1937.

559

STATB DEPARTMENT 01' AGBICULTUU CONSOLIDATED STATEMENT 01' ACCOUNTS

Year 1936

GOVERNMENTAL COST-OUTLAY

lE'ersonaJ Services_______________________ $ Supplies______________________________ _ lET'eormtaalnOenuttIlamyplrEo'avyemmenetnst_s_-_b__y__C_o__n_t_r_a_c_t

7,541.54 12,369.96 15,003.22

34,914.72

Total Governmental Cost lE'ayments________________ $ 265,897.38

NON-GOVBB.NMBNTAL COST

Transfers to :

State Treasury General Fund________ $ 266,815.18

State Treasury Farm Market Fund___

46,155.00

Maintenance Acct. (Egg Stamp Fund)_

7,558.25

Total Non-Governmental Cost

lE'ayments________________________

BALANCES Dec. 31st, 1936 For Operations_________________________ $

For Revenues :

For General Fund_____ $

4.91

For Farm Market Fund

(-)4.91

156.66 .00

320,528.43 156.66

Total______________________________________________ $ 586,582.47

STATE DEPARTMENT OF AGBICULTUU. REVENUE COLLECTION ACCOUNT. Year 1936.

Receipts

Period

Period

lfl/36 to 11/21/S6 to

llf20/36 12/31/~6

Total

REVENUE

Fertilizer Fees__________________ Feed Fees __________$ 46,163.57

$

212,094.37$

Less: Collections

not reported____ (-)4,127.18

4,652.00 $ 216,746.37

Total Reported ___________ I > a i r y F e e s ______________________ Egg Stamps ____________________
Insecticide Fees ________________
Rents-Farmers Markets Atlanta__$ 39,262.88 Less: Items not reported__ (-)2,000.00

42,036.39 1,922.30 6,674.04
424.59

5,641.06 20.63 884.21 28.75

47,677.45 1,942.93 7,558.25
453.34

Total Reported_________ M a c o n ________________________ Thomasville __________________ ,aldosta _____________________

37,262.88 4,306.00

4,009.40

412.00

103.55

12.50

43.76 ------------

41,568.88
4,421.40
116.05 43.76

Total Rents ________________ $ 41,419.59$ 4,730.50$ 46,150.09

Total Revenue Receipts___ $ 304,571.28$ 15,957.15 $ 320,528.43

--

- -~-----------

- -- -----

-

-- ------- -

----

560

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE.
REVENUE COLLECTION ACCOUNT. Year 1936

Receipts

Period

Period

1/1/36 to 11/21/36 to

11/20/36 12/31/36

Total

BALANCE Beginning of Period Cash in Bank__________________

.00 4,071.28

.00

$ 304,571.28$ 20,028.43 $ 320,528.43

PAYMENTS

NON-GOVERNMENTAL COST

TrSatnastfeerTsretoas:ury _______________ $ 294,000.00$

Mlafiunnt ednsa) _n_c_e___A__c_c_o__u_n_t___(_E__g_g

6,500.00

18,970.18 $ 312,970.18 1,058.25 7,558.25

Total Transfers___________ $ 300,500.00$ 20,028.43 $ 320,528.43

BALANCE End of Period

Cash in Bank__________________ $ 4,164.53

.00

.00

LeCssa:sh_D_u__e__M__a_i_n_t_e_n_a__n_c_e__P__e_t_t_y (-)93.25

Total Balance_____________ $ 4,071.28$

0.00$

0.00

TotaL ___________________ $ 304,571.28$ 20,028.43$ 320,528.43

STATE DEPARTMENT OF AGRICULTURE. MAINTENANCE ACCOUNT. Year 1936.

Period

Peri':'d

Period

Receipts

1/1/36to 11/21/36 to Total

11/20/36 12/31/36

------

VENUE

SaVleetoSf uHpepalileths _C__e_r_t_if_i_c_a_t_e_s__a_n_d_ $ Sale of Bacteria________________
Comtmioinsssi_o_n_s__T_e_l_e_p__h_o_n_e__p_a_y__s_t_a_-

15.00$

82.34$

77.25 ------------

21.20 ------------

97.34 77.25
21.20

Total Revenue Receipts ____ $ 113.45$

82.34$ 195.79

N ON-REVENUE

Transfers from State Treasury

Maintenance Account ______ $ 157,420.00$ 6,800.00 $ 164,220.00

Screw Worm Account_______ ]farm Market Account ______

47,250.00 40,750.00

-----5-,3--4-5-.-5-0

47,250.00 46,095.50

Total from Treasury______ $ 245,420.00$ 12,145.50 $ 257,565.50 Revenue Collection Account__ 6,500.00 1,058.25 7,558.25

Total Transfers __________ $ 251,920.00$ 13,203.75 $ 265,123.75

FRIDAY, JANUARY 15, 1937.

561

STATE DEPARTMENT OF AGRICTiLTTiRE. MAINTENANOE ACCOUNT. Year 1936

Period

Period

Receipts

1/1/36to 11/21/~6to

11/20/36 12/31/36

------

BALANCE Beginning of Period Cash in Bank__________________

$

Petty Cash Fund_______________

234.50$ 500.00

224.12$ 514.20

Total
234.50 500.00

Total Balance________________ $ 734.50$ 738.32$ 734.50 Total_________________________ $252,767.95$ 14,024.41 $ 266,054.04

GOVERNMENTAL COST-EXP ENSE

Personal Services (page 17) _____ $ 105,504.96$ 9,987.62 $ 115,492.58

Travel Expenses (page 17)_______ Supplies _______________________

27,931.44 9,075.49

6,378.89 34,310.33 7.71 9,083.20

Communication Services _______ 12,906.50

366.70 13,273.20

HeSaetr,viLciegsh__t,__P__o_w__e_r__a_n_d___W__a_t_e_r

5,473.95

163.26 5,637.21

Printing and Publicity_________ ltepairs _________________________
Rents (page 30)_________________ Insurance ______________________ EqUipment _____________________ Miscellaneous __________________

24,986.10 1,322.00

7,437.75 15,922.50

----1--,4-5--7-.5--0

164.55
498.50 1,35'7.10

--------------4----0--.1----4

26,308.10 7,437.75 17,380.00
164.55 498.50 1,397.24

AdEvmapnlcoeyseteos _O__ff_i_c_i_a_l_s_a__n_d_______

6,145.00 (-)6,145.00

.00

Total_______________________ $217,403.84$ 13,578.82 $ 230,982.66

GOVERNMENTAL COST-

OUTLAY

Personal Services_______________ Supplies _______________________

$

Petrrmacatn_e_n__t__I_m__p_r_o_v_e__m_e_n__t__C__o_n_-

Total_______________________ $

7,391.54$ 150.00$
12,369.96 ------------

14,864.29

138.93

34,625.79$ 288.93$

7,541.54 12,369.96
15,003.22
34,914.72

ToPtaayl mGeonvtse_r_n_m__e_n_t_a_l__C__o_s_t_ $ 252,029.63$ 13,867.75 $ 265,897.38

BALANCES End of Period

Cash in Bank __________________

224.12

156.66

156.66

Petty Cash Fund_______________ Add: Due from Revenue Ac-

420.95 ------------ ------------

count-Petty Cash ___________

93.25 ------------ ---------.---

$ 738.32$ 156.66$ 156.66 Total_______________________
$ 252,767.95$ 14,024.41 $ 266,054.04

562

JOURNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE. Detail of Payments. Year 1936.

Object

Period Period 1/1/36 to llf21/36 to
llj20/36 12jlh/36

Total
For Year

MAINTENANCE OF DEPART-

MENT

Pe1r8s)o_n__a_l__S__e_rv__ic_e__s__(_D_e__ta_i_l__p_a_g__e $ 69,828.46$ 5,277.54$ 75,106.00

Tra.vel Expense (Detail page 18)_ 16,610.73 5,210.37 21,821.10

Supplies

Office________________________ 3,091.99 (-)3.18 3,088.81

Ice___________________________

9.40------------

9.40

Chemical Lab.________________ 1,642.94------------ 1,642.94

Sanitary Supplies____________

38.72------------

38.72

1---------1--------1---------

TotaL --------------------- $ 4,783.05$ (-)3.18 $ 4,779.87

Communication Services

Postage_______________________ 6,901.79

157.31 7,059.10

Telephone____________________ 1,488.16

148.77 1,636.93

Telegra.ph____ ____ __ ______ ____

289.11 _____ -------

289.11

T o t a l _______________________

1 $ -

-----
8,679.06$

306.08$

Heat, Light, Power and Water

Services

Gas Service (Chem. Bldg.) __ Water Service " " __

792.11 ------------

211.51

16.85

Light Service " " __

947.50------------

8,985.14
792.11 228.36 947.50

Total_____________________ $ 1,951.12$

16.85$

Repairs

Office EqUipment___________ _

754.30 ------------

Printing and Publicity

Revenue Tags and Stamps __ _ Forms and Bulletins_________ _

6,266.28

50.00

1,131.81 ------------

T o t a l _______________________

1$ --

-------1--7,398.09$

----50.00$

InBsuornadncPeremiums _____________ _ EqUipment Purchases

164.55 ------------

Folding Machine_-----------Miscellaneous
Storage Fertilizer Tags ______ _ Express and Drayage________ _ OSuthbesrc_r_ip__ti_o__n_s_a__n_d__D__u_e_s__________ __

375.00 ------------

368.50------------

517.63

2.14

111.75 ------------

18.22 ------------

1,967.97
754.30
6,316.28 1,131.81
7,448.09
164.55
375.00
368.50 519.77 111.75 18.22

Total_______________________ $ 1,016.10$

2.14$ 1,018.24

1---------1--------1---------

Advances (Officials & Employ-

ees) (Detail page 51)_______ _ 6,145.00 (-)6,145.00

.00

1---------1--------1---------

Total Payments on Mainten-

- ance Operations___________ $ 117,705.46 $ 4, 714.80$ 122,420.26

FRlDAY, jANUARY 15, 1937.

563

STATE DEPARTMENT OF AGB.IC'ULTUU. Detail of Payments. Year 1936.

Object

Period

Period

1/1/36 to 11/21/36 to

11/20/36 12/31/36

Total For Year

FARMERS MARKET-ATLANTA

Operations Personal Services (Detail

page 21)-------------------- $ Travel Expense (Detail page
21)__________________________ Supplies
Office______________________

19,149.49$ 3,621.66$

1,021.11

522.75

33.05------------

22,771.15 1,543.86
33.05

Sanitary Supplies__________

136.52 ------------

136.52

Coal------------------------

538.10 ------------

538.10

Total _____________________

1---------1---------1-------$ 7fYT.f11 ------------$ 7fYT.f11

Communication Service Telephone__________________

69.77------------

69.77

Telegraph__________________

3.46 ------------

3.46

1---------1--------1---------

Total_____________________ $

73.23 ------------ $

73.23

Heat, Light, Power and Water

Services Gas Service_________________ Water Service_______________

158.04 ------------

158.04

.1,fYT7 .87

138.50 1,216.37

Lights______________________ 1,605.30 ------------ 1,605.30

1---------1--------1---------
TotaL ___________________ $ 2,841.21$ 138.50$ 2,979. 71

Stamping, Printing and

Publicity

Blank Books and Reports__ Market inserts for News-
papers____________________

225.64 -----------734.85 ------------

225.64 734.85

Pictures of Market__________ Barbecue to open Market___ Posters_____________________

46.03 -----------175.00 -----------116.80 ------------

46.03 175.00 116.80

Total_____________________

1---------1--------1--------$ 1,298.32$----------- $ 1,298.32

Repairs_______________________

54.97 ___ ------ __ _

54.97

Rents

Lease Atlanta Property (Detail page 30)__________ _ 13,722.50 1,257.50 14,980.00

EqOufifpicmee__n_t__________________ _

123.50------------

123.50

MMiscoevlilnagnetoruucskers ___________ _

37.80------------

37.80

Total Payments for Operations Atlanta Market _____ $ 39,029.80$ 5,540.41$ 44,570.21

564

JouRNAL OF THE SENATE,

STATE DEPARTMENT 01' AGIUCtTLTUB.E Detail of Payments Year 1936

Object

Period Period 1j1/36 to 11/21/36 to 11/ZJ/36 12/31/36

Total For Year

FARMERS MARKET-ATLANTA -Continued Construction Personal Services (Detail page 23)-------------------- $ Supplies Building Materials _________ _ Sheet MetaL______________ _ Concrete__________________ _ MacadaDl __________________ _
1rotal_____________________ $
Building and Pennanent ImproveDlents by Contract Laying Floor in Bldg.______ _ Painting___________________ _ FuSrhneisdhsi_n__g___a_n_d____e_r_e_c_t_in__g_ ~fing ___________________ _ Electric Call SysteDl _______ _ PEllaecsttreircianlgI_n_s_t_a_l_l_a_t_i_o_n___________ __ PlUDlbing _________________ _ Restaurant EqUipDlent ____ _ Asphalt Tile Floor_ ________ _

7,391.54$ 150.00$

8,893.18 -----------456.89 ------------
2,082.84-----------937.05------------

12,369.96

$

600.32 -----------397.04------------
7,222.56 -----------1,315.13------------
233.50 -----------2,022.00 ------------
50.00-----------2,558.45------------
121.24-------------344.05 ------------

7,541.54
8,893.18 456.89
2,082.84 937.05
12,369.96
600.32 397.04
7,222.56 1,315.13
233.50 2,022.00
50.00 2,558.45
121.24 344.05

1rotal_____________________ $ 14,864.29 ------------ $ 14,864.29

1rotal PaYDlents on Construction of Market _______ $ 34,625.79$

150.00$ 34,775.79

1rotal PaYDlents on Operations and Construction of Atlanta Farmers Market $ 73, 655. 69 $ 5, 690 .41 $ 79, 346.00

I'ARI!riERS MARKET-VA~ DOSTA Co1DrellDepluhnoincea_t_io_n__S_e_r_v_i_c_e_s______ $ Heat, Light, Power and Water LSeigrvhitceSservices_____________ _
Total P8YD1ents on OperatDiolenrss Moaf rVkeatl_d_o_s__ta__F__a_r_-_ $

77.12------------$ 137.84------------

77.12 137.84

214.96 ------------1=$====21=4~.96=

FRIDAY, jANUARY 15, 1937.

565

STATE DEPARTMENT OF AGRICULTURE Detail of Payments
Year 1936

Object

Period

Period

1~~36to 11/21/36 to

1 20/36 12/31/36

Total For Year

FARMERS MARKET-MACON

Personal Services (page 26) ______ S u p p l i e s _______________________ CoTmelmepuhnoicnaet_i_o_n__S_e_r_v_i_c_e_s________ Heat, Light, Power and Water

$ 959.60$ 580.00$

------------

10.89

80.90 ------------

LSeigrvhitceSservice_________________ Water Service_________________

238.78 16.89

---------7-.9-1-

Total_______________________ $ 255.67$

7.91$

1,539.60 10.89 80.90
238.78 24.80 263.58

Re3n0)t_s__(_M__a_c_o_n__P__r_o_p_e_r_t_y_)__(_p_a_g__e_ $

2,200.00$

Total Expense______________ $ 3,496.17$ O uPtlluauyn b i n g ____________________
------------

Total Payments on OperaMtioanrkset _M__a_c_o__n____F_a_r_m__e_r_s_ $ 3,496.17$

200.00$ 798.80$ 138.93

2,400.00 4,294.97
138.93

937.73$ 4,433.90

FARMERS MARKET-DOUGLAS CoTmelmepuhnoicnaet_i_o_n__S_e_r_v_i_c_e_s________ $ Heat, Light, Power and Water LSeigrvhitceSservice_________________ Water Service_________________
Total_______________________ $
TOtal Payments on OperaMtioanrks eDt _o_u__g_l_a_s_F__a_r_m__e_r_s_ $

53.65 ------------ $

32.51 3.00

-----------------------

35.51

$

89.16 ------------ $

53.65
32.51 3.00 35.51
89.16

FARMERS MARKETTHOMASVILLE Heat, Light, Power and Water Services Light and Water Services_____ $
Total Payments on Operations Thomasville Farmers Market______________ $

252.60 ------------ $ 252.60 ------------ $

252.60 252.60

566

JouRNAL OF THE SENATE,

STATE DEPARTMENT 01' AGRICULTURB Detail of Payments

Object

Year 1936
Period 1/1/36 to 11j20j36

Period 11j21j36 to
12/31/36

Total I'or Year

SCREW WORM ERADICATION Personal Services (Detail page 27) ____________________________ $
Travel Expense (Detail page 27)_ Supplies
BenzoL______________________
Communication Services Postage_______________________

524.98------------ $ 1,073.11 -----------1,041.96 ____ ___ ___ __
3.95 ------------

524.98 1,073.11 1,041.96
3.95

Total Payments for Screw Worm Eradication__ $ 2,644.00 ------------ $ 2,644.00

EGG CONTROL

Personal Services (Detail page 28) ___________________________ $ 1,849.98$

50.00$ 1,899.98

Travel Expense (Detail page 28)_ Supplies
Office________________________

2,813.70

27.70

74.98 ____________

2,841.40 74.98

Communication Services

Telephone____________________

1.45 ------------

1.45

Postage_______________________

4.45 ------------

4.45

1---------1

1---------

Total_______________________ $

5.90 ------------ $

5.90

1---------1

1---------

Printing

Egg license Stamps__________ _

940.40 ------------ $ 940.40

BoFookrlmetss_,__B__la__n_k__B__o_o_k__s__a_n_d_ _

426.50 ------------

426.50

Total_______________________ $

1-----

1,366.90------------ $ 1,366.90

Total Payments for Egg
1 1 1 ControL ________________ ~$=~6~,1;;;11;;,;46;: ~$==77~.7~0; ;$~,;;6~,1;;;89~.1;;::6

MARKET BULLETIN Supplies Addressograph Supplies ______ $ Mailing List Paper ----------Total_______________________ $
CoPmosmtaugnei_c_a_t_io__n__S_e_r_v_i_c_e_s_______ _ Printing and Publicity
Printing Bulletin..___________ _ mustrations_ -----------------

794.36------------ $ 235.79------------

1,030.15 ------------ $

3,858.06$

60.62

14,741.54 1,272.00 31.00 ------------

794.36 235.79
1,030.15
3,918.68
16,013.54 31.00

Total_______________________ $ 14,772.54$ 1,272.00$ 16,044.54

FRIDAY, JANUARY 15, 1937.

567

STATB DBPAB.TMBNT 01' AGB.ICULTUU Detail of Payments

Year 1936

Object

Period Period 1/1/36 to 11/21/36 to 11f20j36 12/31/36

Total For Year

Market Bulletin-Cont'd Miscellaneous HaOuflfiinceg__B__u_l_l_e_t_i_n_s__t_o___P__o_s_t_

300.00

38.00

338.00

Total Pajments for Market Bulletin ________ $ 19,960.75$ 1,370.62$ 21,331.37

VBTBB.INAB.Y Personal Services (Detail page 29)--------------------------- $ Travel Expense (Detail page 29)_ Supplies Cattle Marking Paint________ _
ChSeumpipclailes _a__n_d____V__e_t_e_r_in__a_r_y_ Office Supplies______________ _ Sanitary Supplies___________ _
Cattle DiP--------------------

13,192.45$ 6,412.79

458.42 $ 618.07

130.00 ------------

298.62 -----------70.40 -----------26.16 ------------
912.50 ------------

13,650.87 7,030.86
130.00
298.62 70.40 26.16 912.50

Total_______________________ $ 1,437.68------------$ 1,437.68

Communication Services

Telephone_______ -------------

66.72 ------ _____ _

66.72

Telegraph____________________

2.88------------

2.88

Postage______________________

5.03------------

5.03

1-----1

Total_______________________ $

74.63------------ $

74.63

Printing and Publicity

Permits, Notices, etc._________

150.25 ------------

150.25

Repairs

Office________________________

1.50 -----------

1.50

Dipping Vats

Brooks Co. Comrs.__________

80.90------------

80.90

Thomas Co. Comrs._________

65.36 ------------

65.36

Tift Co. Comrs._____________

394.65 ------------

394.65

Colquitt Co. Comrs.________ 6,086.07 ------------ 6,086.07

1-----

Total_____________________ $ 6,628.48 ------------ $ 6,628.48

Miscellaneous

Express______________________

3.20------------

3:20

Total Payments on Veterinary Expenses______ $ 27,899.48$ 1,076.49$ 28,975.97

GrPaanydmTenottsa_l_G__o_v_e__rn__m__e_n_t_a_l_C__o_s_t_ $ 252,029.63$ 13,867.75$ 265,897.38

568

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGB.ICULTUU REVENUE COLLECTION ACCOU'NT.

Detail of Collections Not Reported December 31, 1936

1/16/36 Southern Cotton Oil Co.______________ $ 2/4/36 Atlanta Cotton Oil Co. _______________ _ 2/13/36 M. R. Porter, Agent_ __________________ _ 2/18/36 Southern Cotton Oil Co. _____________ _ 3/4/36 Otis A. Murphy Co. __________________ _ 3)5/36 Atlanta Cotton Oil Co. _______________ _ 3(.11/36 Southern Cotton Oil Co. _____________ _ 3/21/36 E. T. Allen & Co._____________________ _
3/,23/36 Dawson Compress & Storage Co. ______ _ 3/23/36 Buckeye Cotton Oil Co. _______________ _ 4/S/36 Southern Cotton Oil Co. _____________ _ 4/24/36 John W. Eshelman & Son____________ _ 5/6/36 Southern Cotton Oil Co. _____________ _ 5j15/36 Arcady Farms Milling Co. _____________ _
6/.2/.36 Atlanta Milling Co. ___________________ _ rf/2/36 Southern Cotton Oil Co. _____________ _ 7/10/36 AlcoFeedMills _______________________ _
8/4/36 Central Cotton Oil Co. ________________ _ 8j26j36 Southern Cotton Oil Co. _____________ _ 9/11/36 Larowe Milling Co. ___________________ _ 9/30/36 Southern Milling Co._________________ _
10/9/36 City Mills_--------------- ___ ------- ___ _ 10/14/36 Standard Milling Co. _________________ _ Hi/19/36 Buckeye Cotton Oil Co. _______________ _ 10/30/36 Camilla Cotton Oil Co. _______________ _ 11/2/36 Atlanta Grain & Feed Co. ____________ _ 11/6/.36 Southern Cotton Oil Co. _____________ _ 11/fl/36 Atlanta Milling Co. ___________________ _ 11/14/36 Standard Milling Co. _________________ _

2/4/35 Macon Milling Co._____________________ $ 3}8/35 Sou. Cotton Oil Co. __________________ _

3(14/35 A. D. Adair & McCarty Bros. __________ _

3/20/35 4/12/.35

ASotluatnhtearFneCedot&toGn rOaiilnCCoo-.-_-_-_-_-_-_~_-_-_-_-__--_

4/27/35 Farmers Fertz. Co.____________________ _

5/.1/35 G. E. Conkey Co. _____________________ _

5/.3/35 Manderville Mills _____________________ _

5/i/35 Atlanta Cotton Oil Co. _______________ _ 5/22/35 Royal Feed & Milling Co. _____________ _ 6/5/.35 Alco Feed Mills ________________________.

6/5/35 Atlanta Flour & Grain Co. ___________ _ 6/11/35 Atlanta Cotton Oil Co. _______________ _ 6/21/35 Atlanta Milling Co. ___________________ _ 7/9/35 Standard Milling Co. _________________ _

7/29/35 Southern Cotton Oil Co. _____________ _ 8/5/35 Southern Cotton Oil Co. _____________ _

9/9/.35 Buckeye Cotton Oil Co. ______________ _ 9/11{35 Southern Cotton Oil Co. _____________ _ 9j1i/35 Southern Cotton Oil Co. _____________ _ 9/30/35 Atlanta Flour & Grain Co. ___________ _

50.00 100.00 90.00 50.00 40.00 100.00 100.00 20.00 30.00 50.00 50.00 100.00 50.00 50.00 100.00 50.00 50.00 200.00 50.00 750.00 75.00 100.00 100.00
50.00 100.00 75.00 50.00 100.00 100.00
50.00 40.00 60.00 50.00 87.50 30.00 25.00 50.10 50.00 50.00 55.00 75.00 50.00
50.00 52.08 50.00 50.00 50.00 60.00 50.00 62.50

$ 2,830.00

FRIDAY, JANUARY 15, 1937.

569

STATE DEPARTMENT OF AGRICULTUB.B RBVENUE COLLECTION ACCOUNT.

Detail of Collections Not Reported

December 31, 1936

10/14/35 Southern Cotton Oil Co. ______________$ 11/7/35 Southern Cotton Oil Co. _____________ _ 12/6/35 Buckeye Cotton Oil Co. ______________ _ 12/12/35 Southern Cotton Oil Co. _____________ _

50.00
50.00 50.00 50.00

$ 1,297.18

Total Fee Collections Not Reported_____________________ $ 4,127.18

STATE DEPARTMENT OF AGRICULTUB.B Summary of Personal Service and Travel Year 1936

Divisions

Personal Travel Service Expense

Regular Maintenance________________________ $ FaMrmaeinrsteMnaarnkceet-Atlanta_____________________
Construction-Atlanta ____________________ Maintenance-Macon ______________________ Screw Worm Eradication_____________________ Egg ControL ________________________________ ,eterinary___________________________________

75,106.00$
22,771.15 7,541.54 1,539.60
524.98 1,899.98 13,650.87

21,821.10
1,543.86 .00 .00
1,073.11 2,841.40 7,030.86

Total Personal Services and TraveL _______ $ 123,034.12$ 34,310.33

NOTE: The numeral before each of the names on the following pages signify the month the name was entered on the pay roll for 1936.

STATE DEPARTMENT OF AGRICULTURE Detail Perso~ Service and Travel Year 1936
B.BGULAB. MAINTENANCE

Name
1 Akridge, Doc. ______ 2 Alred, E. T. ________
1 Al(esxeaenpd.e2r7, )_J__.__L__._
1 Atkinson, Grady (seep. 27-29)_____
2 Aypc.o2c7k),__L_e_o__n__(_s_e_e_

Position

Personal Travel Service Expense

Porter_________________ $ Fert. Inspector_________

244.90$ 249.96

.00 204.70

Fert. Inspector________ Clerk__________________ Inspector______________

1,099.98 250.00 249.96

749.82 .00
224.60

570

JouRNAL OF THE SENATE,

STATE DBPAB.TIDNT 01' AGBJCULTUU:. Detail Personal Service and Travel. Year 1936.
B.BGULAB. MAINTENANCE-COntinued.

Name

Position

Personal Travel Service Expense

1 Bagley, Garland C. (seep. 27)________

Statistician___________ $

3 Bell, John_________ Fert. Inspector________

4 Bennett, J. C., Jr. (seep. 21)________
2 Blanchard, G. C. __ 2 Boatwright,
Clarence _________

Food Inspector________ Fert. Inspector________ Fert. Inspector________

4 Bups.h2,1)_J_.__L__. __(_s_e_e_ Chemist Helper________

Bussey, M. P. ______ 1 Campbell, M. 0. ___

-C--a-sh--ie--r -&--C--h-i-e-f-C--l-e-rk-_-

1 Capr.r,28B)_e_n___F_.__(_s_e_e_ Food Inspector________

2 Causey, C. B. ______ Fert. Inspector________

2 Cheaves, Wiley_____ Chemist Helper________

7 1

Cheaves, Wiley, Jr. Clark, C. Reynolds

--S-t-a-t-e--C-h--e-m--is-t-_-_-_-_-_-_-_-__-

3 Cox, Luke_________ 1 Davis, West________

Fert. Inspector________ Porter_________________

1 Deen, H. A. ________ Chief Drug Inspector__

6 Denny, Roy L. _____ Chemist Helper________

2 Duncan, A. C._____ Fert. Inspector________

2 4

Dykes, Elliott,

J. B.

F . _______
s. _______

Fert. Inspector________ Fert. Clerk____________

1 Ellis, Oran_________ Clerk-Mailing Room__

1 EpCpliinfgfoerrd, _M__i_ss_____ Steno.-Commr. ________

3 Flanigan, J. B.____ Fert. Inspector________

1 Franklin, Robert,

Jr------~-------
2 Fupl.le2r9,)_S_.__H__.__(_s_e_e_

2 1 1

GGGeaaiimgleaeygr,,eTu, Mo. mc. .cH_._._____________

Chemist________ ------_
See Vet. Dept._________ Fert. Inspector________ Chemist Helper________ Rekperttsr_.-_B__u_r_e__a_u__M__a_r-___

2 Glisson, J. B. _____ 3 Golden, John M. __ 4 Goldstein, J. H. ___ 1 GoMoadthtiueeL, .M__r_s_. ____ 1 Greer, J. F.________

Fert. Inspector________ Fert. Inspector________ Chemist_______________
Stenographer__________ Ackte. tDs_ir_.__B__u_r_._o__f_M__a_r_-_

2 Greene, A.M. ______ Fert. Inspector________

1,374.97$ 208.30
300.00 249.96
249.96
750.00 7.00
2,152.68
1,050.00 249.96 600.00 30.00
3,306.55 208.30 198.25
2,499.96 237.50 249.96 249.96 650.00
1,200.00
900.00 208.30
749.98
.00 249.96 712.50
65.00 249.96 224.96 372.50
637.50
1,500.00 309.96

90.25 121.80
302.55 142.85
124.27
.00 18.00
.00
197.65 162.36
.00 .00 22.43 137.80 .00 838.91 .00 196.34 61.60 .00 .00
.00 196.60
.00
98.40 148.15
.00
.00 140.90 333.50
.00
.00
.00 218.98

FRIDAY, JANUARY 15, 1937.

571

STATE DEPARTMENT OF AGRICULTURE. Detail Personal Service and Travel. Year 1926.
REGULAR MAINTENANCE-Continued.

Name

Position

Personal Travel Service Expense

1 Griffin, Mrs. Grace (see p. 28)_ Stenographer__________ $
1 Griffin, Lawton W. Mailing Room Clerk ___ 2 Griffin, Walter E. __ Fert. Inspector_ _______

1 Grpim. 2e8s),_W__.__B_.__(_s_e_e_ Food Inspector________

6 Hafley, James _____ 1 Hammond, W. M. __ 1 Harris, A. D._______ 4 Harris, John B. ___ 5 Head, Gladys______

Chemist Helper__ ______ Chemist_______________
Chief Food Inspector__ Chemist Helper________ ' S t e n o g r a p h e r _ _ ________

1 Heery, W. Osborne_ Sanitary Inspector ____ 2 Herrin, L. W. ______ Fert. Inspector_ _______

7 2

Hill, J. B. (seep. 21) Hinson, Charlie ___

-F--e-r-t-. -I-n-s-p-e--c-t-o-r-_-_-_-_-_-__-_-

1 Hopg. a2n9,) _G__.__R_.__(_s_e_e_ Inspector______________

6 HoMwaarrido,nM__r_s_.______ Stenographer__________

4 1

HHuunnnt,icwu.twt,.G__.__F_.____

Clerk-Bur. Markets___ Reprtr.-Bur. Markets_

1 Hybnedths,__M__is_s__E_l_i_z_a_-_
2 Jackson, Harry U._ 3 Jenkins, Phil. A. __ 2 Jones, S. A. _______

Clerk-Bur. Markets___ Fert. Inspector________ Fert. Inspector________
Fert. Inspector________

4 Johnson, Hugh ___ Chemist Helper________

1 Johnson, J., Jr. (seep. 27) ________ Fert. Inspector________

3 Johnson, Tom Ed._ Fert. Inspector________ 4 Johnson, Edwin___ Chemist Helper________ 1 Jordan, W. J.______ Clerk__________________

2 Kicklighter, Bub __ Fert. Inspector________

1 1

KKiinngn,eyD,rJ. .Wwa.lt_e_r______

Reprtr.-Bur. Markets_ Fertilizer Clerk________

3 Lane, T. B. ________ Fert. Inspector________

1 2

Law and Co. _______ Lee, Connie _______

-F--e-r-t-. -I-n-s-p-e-c-t-o-r-_--_-_-_-__-_-_-

1 Linder, Tom_ ______ Commissioner_________

3 Litesey, J. B. (see

p. 28) __ ---------4 Lunsford, J. S. ____

Fert. Inspector________ Fert. Clerk____________

3 Martin, R. R. ______ Fert. Inspector________

1 Mauldin, Richard__ Mailing Room Clerk ___ 1 Methin, T. J. ______ Fert. Clerk____________

750.00$ 1,350.00
249.96
1,050.00 150.00 700.00
2,499.96 225.00 300.00 916.52 249.96 100.00 549.96
35.00
212.50 700.00 100.00
1,200.00 549.96 208.30 249.96 412.50
1,099.98 208.30 294.00 40.00 249.96 100.00
1,725.00 208.30 5.00 249.96
4,583.26
249.96 375.00 408.29 270.00 1,246.87

.00 500.13 200.38
1,542.05 .00 .00
54.30
..o0o0
164.90 335.76
.00 685.50
47.45
..o0o0
.00
.00 330.34 216.51 148.35
.00
1,174.16 44.60 .00 .00 112.30 .00 .00 134.68 .00 144.45
2,592.18
231.15 16.96 121.90
.00 335.95

572

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE.
Detail Personal Service and Travel. Year 1936.
REGULAR MAINTENANCE-Continued.

Name

Position

Personal Travel

Service

Exp~nse

-----------------------------------]--------]----------

1 Mosman, Mrs.

Lula B._________ _ Fert. Clerk ____________ $

5 Morris, H. T. _____ _ 4 Moulton, J. C. ____ _

Chemist______________ _ Clerk_________________ _

1,162.50$ 416.66 100.00

00 00 .00

1 McDaniel, Frank__ _ Chemist Helper_______ _

825.00

00

7 McElroy, J.D. ____ _

100.00

00

3 McKenney, Douglas ________ _ Fert. Inspector_______ _

249.96

120.40

1 McWhorter, R. B.

(seep. 29) _______ _ Inspector_ ____________ _

w.oo

00

1 Nix, Arthur J. (seep. 27-28)----- Fert. Inspector_______ _
3 Parrish, H. F. ____ _ Fert. Inspector _______ _ 1 Pasley, H. N. _____ _ Chemist______________ _ 5 Pasley, Robert____ _ Chemist Helper_______ _ 1 Peterson, J. A. ___ _ Clerk-ChemicaL____ _

I
1,099.981 208.30, 714296..96861
1,933.28

712.40 143.85
00
00 199.75

1 Pope, John w.
(seep. 27) _______ _ Fert. Inspector_______ _ 2 Porter, L. V.______ _ Fert. Inspector_______ _
2 Pridgeon, Cleon __ _ Fert. Inspector_______ _ 1 Quinn, W. H., Jr._ Chemist Helper_______ _ 2 Ramage, A. B. ___ :_ Fert. Inspector_______ _

1 Reagan, Mrs. Delphia_________ _ Stenographer_________ _

4 Repa.g2a2n),__W__. _L_.__(_s_e_e _ Food Inspector_______ _

1 Rembert, J.D. ___ _ Fert. Clerk. __________ _ 9 Roberts, J. B. ____ _

1 RoJboehrnts,YM. _r_s_._____ _ Stenographer.. _______ _
Rosser, V. A. _____ _ SpeciaL ______ --------2 Russell, V. G. ____ _ Fert. Inspector_______ _ 2 Sanders, C. R. ____ _ Fert. Inspector_______ _

1 Sepa.le2y7,)_W__.__E_.__(_s_e_e_ Fert. Inspector_______ _

1 Sipm.s2,9)J_.___K__.__(_s_e_e_ Range Rider__________ _

1 Singleton, Ossie__ _ Clerk-Mailing Room__ 2 Smith, W. P. ______ _ Fert. Inspector _______ _ 1 Stephens, P. _____ _ Food Inspector_______ _

4

Stpo.n2e2, )

W. L. (see ___________ _

Field Man____________ _

1 Tapy.l2o8r),_J_._W__._J_._(_s_e_e_ Food Inspector_______ _

1,099.98 249.96 249.96 562.50 249.96
637.50
750.00 1,374.97
13.33
950.00 7.50
249.96 249.96
1,099.98
40.00 395.00 249.96 850.00
1,200.00
1,175.00

760.35 94.89 133.60
00 188.61
00
647.55 00
00
00
00
216.35 118.29
1,383.00
00 00
168.28
00
672.30
564.08

FRIDAY, JANUARY 15, 1937.

573

STATE DEPARTMENT OF AGRICULTURE. Detail Personal Service and Travel. Year 1936.
REGULAR MAINTENANCE-Cont'.nued.

Name

Position

Personal Tra.vel

Service

Exp~nse

-----1 Tennent, T. H. ____ Chemist_______________ $

2 Thigpen, R. E. ____ Fert. Inspector_ _______

2 Thompson, J. E. __ Fert. Inspector________ 4 Vance, J. L. _______ Chemist_______________

4 Vickers, J. H., Jr._ 1 Watson, Gus_______

Chemist_______________ P o r t e r _________________

2 White, John L. ____ Fert. Inspector ________ 1 Williams, J. L._____ Reporter ______________

1 Williams, L. E. _____ Fert. Clerk____________

2 Wisenbaker, C. S.__ Fert. Inspector________

464.98$ 249.96 549.96 546.66 352.50
244.90 208.30 100.00 850.00 183.30

.00 185.01 492.62
.00 .00 .00
71.88 .00 .00
146.65

1 Wright, Carl B.

(seep. 27)________ Fert. Inspector ________

1 1

WWoooodd,s,wD. ocn.

_E_.__________

Chemist_______________ Fert. Clerk ____________

1,099.98 749.98
657.50

782.65 .00 .00

1 YaGrlbardoyusg_h_,__M__is_s___ Steno.-Bur. Markets_ 2 Young, T. J. ______ Fert. Inspector________

337.50 249.96

.00 152.23

U.S U.S

. .

District Cou Department

rot f--A-g--r -i c-u--l t-u-r-e--_-_-__-_-_-_-_-_-_-_-

Miscellaneous______________________________

2.00 1,202.79
5.70

Total Regular Maintenance_____________ $ 75,106.00$ 21,821.10

STATE DEPARTMENT 01' AGRICULTURE. Detail Personal Service and Travel. Year 1936.
FARMERS MARKET REGULAR MAINTENANCE

Name

Personal Travel Service Expense

6 BAatlrannetsa, TCi.tEle. _&__T__r_u_s_t__C__o_.___-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-$
5 Barwick, A. F-----------------------------71 BBaernwjaicmki,nJe., W Will-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 7 Bennett, J. C. Jr., (See page 18)___________ _ 5 BolUL4ger, Robert__________________________ _

27.50$ 24.50 450.00 1,200.00 61.00 600.00 750.00

0.00 47.60

574

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE. Detail Personal Service and Travel. Year 1936.
FARMERS MARKET-Continued REGULAR MAINTENANCE

Name

Personal Travel Service Expense

2 Bush, J, L. (See page 18) ___________________ $ Carlo, Ed. _________________________________ _
5 Carter, Paul W, ____________________________ _
56 CCoracfhtr, aAnm, Wbr.oBw_-_-_-_-_-_-_-_-_-_-_-_------------_-__-_-_-_-_-_-_-_-_--_ 8 Crews, Eddie ______________________________ _ 1 Croon, J. C., Janitor______________________ _ 11 Cubie, WilL _______________________________ _ 1 Cubie, Robert _____________________________ _ 6 Dollar, E. M. _______________________________ _ 11 Drake, J. A. _______________________________ _ 6 Ellington, James __________________________ _
1l EElllliiso,ttC, aBr.LS__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 1 Epperson, L. A. ___________________________ _ 7 Epps, P. P. ________________________________ _ 1 Evans, J.D. _______________________________ _
7 FFoorrrt,esEteurd,ieE,. SVt.e_n__o_g_r_a_p__h_e_r_________-_-_-_-_-_-_-_-_-_-_-_-_--_ 6 Garbutt, H. L, ____________________________ _ 2 Goode, J. M. ______________________________ _ 9 Grant, Julian _____________________________ _
Graham, Joe ______________ -~ ______________ _ 5 Grimes, John _____________________________ _ 4 Groover, P. M. _____________________________ _
22 HHaalreb,inS,. ME.-J-.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 7 Hickey, W. E. _____________._________________ _
77 HHiillll,, JS.teBv.e(nS_e_e__p_a_g_e__1_9_)_-_-_-_-_-_-_-_-_-_-_-_-_-_~_-_-_-_-_-_--_ 7 Hodges, J. S. ______________________________ _ 5 Holloman, C. A. ___________________________ _ 2 Holloman, Claudie ________________________ _ 7 Howell, Oswell_____________________________ _
11 HJaucnknsoicnu, tGt,uGy. DT._-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_"_-_-_-_-_-_--_ 2 Jackson, W. G., Janitor___________________ _ 1 Jiles, C. A. ________________________________ _
Johnson, A. F, ____________________________ _ 7 Johnson, H. F, ____________________________ _ 2 Johnson, Jessie___________________________ _

200.00 50.00 337.50
200.00$ 3.50 14.50
427.16 1.50
155.48 350.00
7.50 12.50
400.00 1,275.00
530.25 25.80
155.48 37.50 25.80 60.00 1,100.00 1.50 5.00 58.00 300.00 191.10 1,550.00 25.80 25.00 6.00 120.00
93.30 300.00
80.00 300.00
1,627.00
508.10
900.00 112.50 187.50 60.12

519.10 40.88
20.93 713.70
0.00

FRIDAY, JANUARY 15, 1937.

575

STATE DEPARTM,ENT OF AGRICULTURE. Data.il Personal Service and Travel. Year 1936.
FARMERS MARKET-Continued. REGULAR MAINTENANCE

Name

Personal

Service

---------------------1------1-----

7 JJoonhenss,oHn,enCrlyif_f_o_r_d_________________-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_--_ $ 7 Jenkins, Albert___________________________ _ 7 Jenkins, HerscheL ________________________ _ 7 Judy, J.D. and Truck____________________ _

3.00
1.50 6.67 5.00 325.00

71 KKiirnbcyh,eJn., wR.._L___-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

250.00 34.67

5 ~L.awNele~rn, -C-o-r-b-e-tt-__-_-_-__-_-_-__-_-_-__-_-_-__-_-_-__-_-_-__-_-_-_

24.00 180.00

6 Lyons, CarL ____________ --------------------

25.00

1 lLlournrsifso, rFdr,aJn.kS__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

300.00 0.00$

42.00

5 llcGraw, R. T------------------------------
27 NNoor~mnan., 1J4.. EE._-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_
6 Park, Eugene______________________________ _ 7 Peacock Winford __________________________ _
7 Pickles, Frank, Janitor____________________ _

450.00 243.33
500.00 20.00 13.33 220.00

1 Porter, A. N-------------------------------2 Reagin, W. L. (See page 20)-----------------

1,200.00 200.00

17.55

Saddler, EarL __ ---------------------------77 SSmanidthe,rsJ,aWm.e1s4H-.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

3.00 230.00 25.80

61 SSonwideellrs,,LA. rFth-u-r--T-.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

21 TStaotunme,,WJ..Lw..(_S_e_e__P_a_g__e_2__0_)_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

8 7

TVraeranduwme,llJ, .Jicm._m__ie___________________________________________________ __

6 Vickers, Lewis_____________________________ _

1,200.00
283.33 450.00 750.00
60.00 25.80 350.00

12.20 83.05 34.85

7 W Wealrlonuegrh,Lbye,RLooYn-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

25.00 41.00

67 WWiilllsioanm, sW, Jh.itC_._______________-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_
7 Young, Will, Janitor______________________ _ 8 Young, Fred, Janitor______________________ _

1.50 15.00 90.00 20.00

Miscellaneous (pay rolllist)-----------------

265.83

12.00

1---------1--------

Total Farmers llarket-Regular l4ainten-

&nC8----------------------------------- $ 22,771.15$ 1,543.86

576

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE. Detail Personal Service and Travel. Year 1936.
FARMERS MARKET CONSTRUCTION ACCOUNT

Name

Personal Travel Service Expense

8 Albert, James ______________________________ $ 1 Adams, Mack______________________________ _ 1 Allen, Charlie _____________________________ _ 1 Beasley, J. ________________________________ _
1 Butler, Ruben_____________________________ _ 1 Bennett, J. E. _____________________________ _ 1 Bennett, T. H. ____________________________ _
1 Bennett and Dunlap ______________________ _ 1 Bobo, 8. G. ________________________________ _ 1 Brock, W. A. _______________________________ _ 1 Brown, 8. R. ______________________________ _ 1 Crowe, G. E. ______________________________ _ 1 Cheaves, W. _______________________________ _ 1 Chandler, G. W. ___________________________ _ 1 Canign, Aluin_____________________________ _ 1 Cannon, R. ________________________________ _ 1 Chapman, W. ______________________________ _ 1 Campbell, W. M. ___________________________ _ 1 Coppedge, H. C. ___________________________ _ 1 Campbell, Elgin ___________________________ _ 1 Carter, H. T. ______________________________ _ 1 Davis, J. W. _______________________________ _ 1 Dunlap, H. ________________________________ _
1 Dunlap, W. E. _____________________________ _ 1 Davis, E. __________________________________ _
1 Eaton, J. F. _______________________________ _ 1 Elam, Frank_______________________________ _
1 Edwards, Mack____________________________ _ 1 Ellington, J. ______________________________ _ 1 Echols, C. C. ______________________________ _ 1 Faulkner, M, ______________________________ _
1 Faulkner, Jack____________________________ _

20.00$ 4.20 9.37
10.61 4.49 15.65 4.50 15.00
17.70 5.85 6.00 125.00 37.35 4.00 2.62
1.65 1.50 5.75 2.75
1.25 4.00 90.50 30.00 33.25
2.00 50.75 15.87 11.24 1.25 2.25 777.00
1.00

0.00

11 FFoowx,leTr., 8J.-W--.-.---------------_-_-_-_-__-_-_-_-_----------_-_-_-_-__-_-_--_ 1 Green, J.D. _______________________________ _

166.50 41.00 104.50

11 GGararmnto,nJ,uHli.u8s_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 1 Gates, Geo. ________________________________ _ 1 Graham, M. _______________________________ _ 1 Gibson, 8. H. _____________________________ _

2.40 13.50 2.87
27.98 17.50

11 GGrriamy,esW,-J-o-h--n-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_~_-_-_-_-__-_-_--_ 1 Green, Josh_____________________ ------ ____ _

2.75 5.25 1.37

FRIDAY, JANUARY 15, 1937.

577

STATE DEPARTMENT OF AGRICULTURE.

Detail Personal Service and Travel.

FARMERS MARKET

Year 1936.

CONSTRUCTION ACCOUNT-Continued

Name

Personal Travel Service Expense

1 Hill, J. B. __________________________________ $
1 Hoggins, C. B._____________________________ _ 1 Hughs, Jack ______________________________ _ 1 Hinton, J. H. _____________________________ _ 1 Hardy, R. ________________________ -~ _______ _
1 Haynes, Charlie___________________________ _ 1 Hartney, T. _______________________________ _ 1 Harman, R. ________________________________ _

56.75$ 2.40 62.40 27.00
1.50 .75
2.50 11.00

0.00

1 Johnson, James___________________________ _

1.50

1 Johnson, R. T. ____________________________ _

2.87

1 Johnson, John ___________________________ _

.87

1 Johnson, H. ______________________________ _

8.87

1 Johnson, A. C. ____________________________ _

87.75

1 Johnson, H. F.____________________________ _

290.55

1 Jones, Will ________________________________ _

.50

1 Jackson, H. _______________________________ _

8.24

1 1

lJreUnlngi,ncg.s_,__W__a_l_te_r_____________________________________________________ __

.25 .50

1 lrUlg, Nick ________________________________ _

2.00

1 Kimbell, JOEL __ --------- __________________ _ 1 Loyd, A.___________________________________ _ 1 Maloney and Harville______________________ _

5.62 59.11
120.00

11 MMcoMnko,rtRer.yD, J-.-c--.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_
1 McCorkle, F. L. ____________________________ _ 1 Mobley, John_____________________________ _

91.20
11.10 39.75 55.62

11 MMaudrrdyo,xF, w-.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_
1 Moon, Cleo________________________________ _
1 Nelson, J. _________________________________ _ 1 Novvell, J. _________________________________ _ 1 Nevv, 0. E._________________________________ _

1.25 .50
.50 6.00
.87 254.91

1 Nevv, D. E---------------------------------41 OOdaettmiss,,HJe. sWsie-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 1 Porter, A. N. ______________________________ _

12.75 350.00
.87 46.80

11 PPieecrkc,e,HH-.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 1 Porter, John ______________________________ _

3,298.00
12.87 57.11

11 PPooprtee,rB, Rileld--_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 1 Povvell, Frank_____________________________ _ 1 Riddle, Sam_______________________________ _ 1 ~er, John ______________________________ _
1 Randolph, Herman________________________ _ 1 Rivers, Bob________________________________ _

18.00 1.75
.50
2.50
4.00
.50 7.75

578

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE.

Detail Personal Service and Travel.



Year 1936.

FARMERS MARKET

CONSTRUCTION ACCOUNT-Continued.

Name

Personal Travel Service Expense

11 RReicghaanr,dLs,. 0J.-B--._-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ $ 1 Ran1sey, John_____________________________ _
1 Stephenson, J. J. _________________________ _ 1 SDlith, Elder ____________.__________________ _

4.00$ 30.00 1.75 3.60
2.50

0.00

1 SiD1Dlons, G. W--------------~-------------

1.00

1 SDlith, B. C-------------------------------1 Shuman, W. ------------------------------11 SSttoewphe,enHs., HC-.--B-.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_~_-_-__-_--_ 1 SDlith, J. H. ______________________________ _

12.25 9.37 4.00 12.50 75.00

1 SDlith, Will---------------------------------

13.49

11 TThaopnle1ya,s,JH. Len-r-y--_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_
1 WilliaDls, W. N. ____________________________ _ 1 Wood, CarL _______________________________ _ 1 Westhead, John___________________________ _ 1 Wilburn, Roy________ --~ ___________________ _
'1 Wilburn, Will______________________________ _

f!l.75 13.86 5.75
92.50 .50 .75 .75

11 1

WWWihinnintferiy,e,,JFA. ..c_.H_____-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__--__

3.90 14.25 79.82

1 White, A. _____ ---------- ___________________ _ 1 Wilson, Willie______________________________ _ 1 Wilson, J. _________________________________ _ 1 Youngman, R. P. __________________________ _

279.75 4.00 4.00 56.50

ToAtaclcouFnatr_m__e_r_s___M__a_r_k__e_t_-_C_o__n_s_t_r_u_c__ti_o__n_ $ 7,541.54

STATE DEPARTMENT OF AGRICULTURE. Detail Personal Service and Travel. Year 1936.
FARMERS MARKET MACON, GEORGIA

Name

Personal Travel Service Expense

7 Booth, J. 0-------------------------------- $ 280.00$ 0.00

7 Daniel, J. W-------------------------------

530.00

77 HJaocllkosno1na,n,MJiD. l0i__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

540.00 189.60

Total____________________________________ $ 1,539.60

FRIDAY, JANUARY 15, 1937.

579

STATB DBPAB.TMBNT OF AGRICULTUU
Detail of Personal Service and Travel Year 1936
SCREW WORM BRADICATION

Name

Personal Travel Service B:z;pense

1 Alexander, J. L. (Seep. 18)_________________ $

1 Atkinson, Grady (Seep. 18-29)------------1 Aycock, Leon (Seep. 18)-------------------1 Bagley, Garland 0. (Seep. 18)-------------11 BOaoyunnecsil,,WE.. DB.. ((SSeeeepp.. 2299))_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
1 Johnson, J., Jr. (Seep. 19) __ -------------~ 1 Johnson, Joe E., Jr. (Seep. 29) ____________

11 LNoixt,t,AAr.tMhu.r(JS.ee(Spe. e2p9.)1--9--2--8-)_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-

1 Pope, John W. (Seep. 20)___________________

1 Rodenbaugh, E. R. _________________________

11

Sealey, W. E. (Seep. 27) ____________________ Wallace, Paul (Seep. 29) ____________________

1 Wright, Oarl B. (Seep. 20)------------------

50.00$ 50.00 0.00 0.00 0.00 41.66
50.00 41.66 0.00 50.00 50.00 41.66 50.00 50.00
50.00

0.00 0.00 129.45 32.95 99.73 184.70 144.10
146.20 68.23 39.25 24.50 0.00
154.90 46.20
2.90

Total Screw Worm Division_______________ $ 524.98$ 1,073.11

STATB DBPAB.Tlt'IBNT OF AGRICULTUB.B. Detail of Personal, Service and Travel Year 1936.
BGG CONTROL:

Kame

Position

Personal Travel Service Expense

1 Oarr, Ben F. (See p. 18)----------~- ------------------------ $
1 Gr(iSffeienp, .M1r8s).__G__ra__c_e Stenographer_________

1 Grimes, W. B. (See

4

p. 18)__ ---------Holloman, W. G.___

-E--g-g--I-n-s-p-e-c--to--r-_-_-_-_-_-_-_-__-

5 Kerlin, E. P---~--- Egg Inspector _________

7 Lifesey, J. B. (See

p. 19)--------~--- Egg Insp~or ________ ..

1

Ta(ySleoer,pJ. .20W) _. _I_.____ Nix, Arthur S.

------r-----------------

3

(Seep. 19-27)____ Wilkinson, Bradley Robinson, H. I.____

--E----g--g----I--n--s--p--e--c----to----r--_--_--_--_--_--__--_--_--

Total Egg Inspection ____________________ $

250.00 $
75.00
183.32 350.00 250.00
250.00
50.00
0.00 0.00 491.66
1,899.98 $

207.90
0.00
325.95 390.00 652.00
374.40
40.45
101.40 487.75 261.55
2,841.40

580

JOURNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE. Detail of Personal Service and Travel. Year 1936.
VETERINARY DEPARTMENT:

Name

Position

Personal Travel Service Expense

1 Atkinson, Grady (Seep. 18-27) ____ Dairy Inspector _______ $
1 Baynes, Dr. W. D. (Seep. 27) _______ Veterinarian __________
Boone, W. L. ______ SpeciaL _______________

5 Brooks, W. E. ______ Range Rider_ _________

1 Carnes, H. E. ______ 1 Carter, C. P. _______

LCalebr.kV__e_t_e_r_in__a_r_ia_n___________

Case, E. G. ________ SpeciaL ______________

3 Clark, H. W. _______ Range Rider __________

1 Council, E. B. (Seep. 27) _______ Cattle Inspector_______

2 Fuller, S. H. (See

H apy. n1i8e),__S-.-D- -.-_-_-_-__-_-

Cattle Inspector_______ SpeciaL _______________

1

Hopg. a1n9,)

G. R. (See ____________

Cattle Inspector_______

Howard, Dr. D. M._ Jones, T. S. _______

SpeciaL _______________ SpeciaL _______________

1 Johnson, Joe E., Jr. (See p. 27)____ Cattle Inspector_______
1 Jordan, W. J. _____ Range Rider_ _________ 3 Lanier, T. G. ______ Range Rider_ ________ ..

1 Lopt.t,2A7).__M_.__(_S_e_e____ Dairy Inspector _______

1 McWhorter, R. B. (Seep. 19) _______ Dairy Inspector_ ______

1 Sipm.s2, 0J)_. _K__._(_S_e__e___ Range Rider __________ Smalley, Dr. J. L. __ SpeciaL _______________ Tillman, C. D. _____ SpeciaL _______________

1 Wpal.la2c7e),__P_a__u_l_(_S__e_e_ Dairy Inspector _______

700.00$
2,338.62 15.00
360.00 600.00 1,200.00
5.00 470.00
791.54
700.00 15.00
640.00 15.00 10.00
708.22 680.00 520.00.
I
1,250.001
975.00
68104..02001 13.33
949.96

203.85
914.00 7.40 0.00 0.00 0.00 2.25 0.00
1,719.94
1,279.33 9.75
246. 85 4. 80 3. 00
473.30 0. 00 55.25
935.34
501. 90
0. 00 0. 00 0. 00
673.90

Total Veterinary Department_________.___ $ 13,650.87 $ 7,030.86

DEPARTMENT OF AGRICULTURE. FARMER.S MARKET.
Detail of Rent Payments. Year 1~36.

Amount

Paid to Draper-Owens Co. :

For : A. S. Adams, Mrs. H. H. Adams and A. B. Cates, $150.00 per month ________________________________ $ 1,800.00

D. W. Bowie, C. G. Blount, Mrs. L. C. Fuller, and Mrs. E. M. Gomez, $15.00 per month______________

180.00

Trust Co. of Ga., F. L. Tatley Est., $30.00 per month_

360.00

FRIDAY, JANUARY 15, 1937.

581

DEPARTMENT OF AGRICULTURE. FARMERS MARKET.
Detail of Rent Payments. Year 1936.

- - - - - - - - - - - - - - - - - - - - - - - - - 1 -A-m-ou-nt-

Paid to Draper-Owens Co.-Continued.

(1) Mrs. W. D. Hailand, Dr. Arch Avery, $65.00 per

month, Feb.-Dec. ______ ----------------_------- __ $ Jacob Hinman, $35.00 per month__________________ _

715.00 420.00

TF.ruAs.tHCooy.to, f$1G5a.0.0, Jp.erPm. Hoennthm_a_n__, _$_3_0_._0_0_p__e_r_m__o__n_t_h____ John A. Hynds, $60.00 per month _________________ _

360.00 180.00 720.00

Maier Litkott, Adm., $30.00 per month_____________ _ Ralph B. Martin, $15.00 per month ________________ _

360.00 180.00

J. A. McCord-Eve Traylor, $200.00 per month_____ _ 2,400.00

A. G. Rhodes, $50.00 per month, $75.00 Dec. _______ _

625.00

(2) J.FeBb..-SMtaeyw_a_r_t_,__M__c_K_e_n__z_ie___L_o_t_,__$_3_5_._0_0__p_e_r__m_._o_n__t_h_, _

140.00

J. B. Stewart, $60.00 May, $95.00 June-Dec. ________ _

725.00

J. B. Stewart and C. R. Jolley, $267.50 per month __ 3,210.00

J.$A30..0D0apneirelms oanntdh EA.pBri.l-DTuecr.m__a_n_,__$_7_0_.0_0__F_e__b_.-_M__a_r_. _

340.00

Total paid through Draper-Owens Co. ____________ $ 12,715.00

Paid to: (1) Dr. Arch Avery, $32.50 per month-Jan. ___________ _
Allbdeayrt-DBoecy.s_t_o_n__(M__r_s_._L__. _H__a_r_b_i_n_)_$_5_0_._0_0_p__e_r_m__o__n_t_h__-_
ldrs. Louise Harbin, $50.00 per month-Jan.-April. (1) Mrs. W. D. Harland, $32.50 per month-Jan. ______ _
H. S. & E. Jacobs, $60.00 per month-! July-Dec. __ First National Bank-Tr. for C. J. Lynch, $10.00
per month-lday-Dec. ---------- _----------------Le-iJdamna.n--Aldparlioln_e_,__In__c_._, _f_o_r_B__o_y_d__s_, _$_4_0_.0_0__p_e__r_m__o_n__th_ _
(2) Chapman BaldWin Rty. Co., for McKenzie, $35.00 per month-Jan._______ ---------- ______ ----------
DamVoidntPhi-rJkalne,.-DJre.c.&___T__h_o_m__a_s___B_r_a_g_g_,__$_6_5__.0_0___p_e_r_
H. R. Turman, Agent, $20.00 per month-Jan. ____ _ John J. Thompson Co., for P. E. Murray, $20.00
pSeepr tm.-Noonvth. _-_J_a_n__.-_D__e_c__. _;_$_5_._0_0__e_x_t_r_a__p_e_r__m__o__n_t_h__-_

32.50 400.00 200.00 32.50 270.00 80.00 160.00 35.00 780.00 20.00
255.00

Total Rent Payments Atlanta Market ____________ $ 14,980.00 Macon llllarket :
Hatcher & McCrary, Inc., for Mrs. M. H. Hailey, $200.00 per month-------------------------------- 2,400.00

~-------------------------------------------- $ 17,380.00

582

JouRNAL OF THE SENATE,

DEPARTMENT OF AGRICULTURE. FARMERS MARKET. Detail of Rent Payments. Year 1936.
Detail Rent Payments per Month.

J a n u a r y _____ $ 1 , 3 9 2 . 5 0 February____ 1,407.50 March _______ 1,407.50 ApriL _______ 1,402.50

May _________ $1,432.50 June-----~- 1,432.50 July ________ 1,462.50 August ______ 1,492.50

September_ .$1,497.50 October_____ 1,497.50 November ___ 1,497.50 December___ 1,457.50

NOTE: Included in the indebtedness of this Department is an account With Draper-Owens Co., for $2,000.00 for services rendered in obtaining leases.

SECTION II

REPORT ON MAINTENANCE ACCOUNTS

ON ACCRUAL BASIS

YEAR 1936

STATE DEPARTMENT OF AGRICULTURE SU'MMARY OF OPERATICNS. Year 1936.

MAINTENANCE FUNDS

Transfers from State Treasury___________ $164,220.00

Internal Revenue________________________

195.79

Total Funds Available_________________ $164,415.79

EXPENSES
Regular Maintenance Paid_________ $122,420.26 Unpaid______ 14,421.44

$136,841.70

Market Bulletin
Paid_________ 21,331.37 Unpaid______ 1,475.02

22,806.39

Veterinary
Paid_________ 28,975.97 Unpaid._____ 2,955.57

31,931.54

TotalEX]>ense_____________________ 191,579.63

Deficit in Operations Maintenance Funds ________ $ (-)27,163.84

FRIDAY, JANUARY 15, 1937.

583

STATE DEPAB.TIIDNT OF AGRICULTURE. SUMMARY OF OPERATIONS. Year 1936.
I'ARM IIIIARDT I'UNDS ATLANTA IIIIARDT Transfer from State Treas.llarketFees _________________________ $41,514.29
Bzpenses Operations Paid_______$ 44,570.21 Unpaid____ 8,515.50 $ 53,085.71

Construction Paid.______ 34,775.79 Unpaid____ 41,407 .37 76,183.16
Total Expense___________________

129,268.87

Dellfaicrikteitn_ C__o_n__s_tr__u_c_t_i_o_n_ a__n_d_ _O__p_e_r_a_t_i_o_n_s__A_t_l_a_n_t_a___ $ (-)87, 754.58

VALDOSTA MARKET TrlalanrskfeertFfreoems _S__t_a_t_e_T__r_e__a_s_u_r_y__-_______ $

Expenses Paid.___________________ $ Unpaid_________________

214.96 85.87

43.76

Total Expense__________________ _

300.83

Deficit in Operations Valdosta llarket__________ $

MACON MARKET TrlalanrskfeertFfreoems _S__ta_t_e__T__r_e_a_s_u__r_y_-________ $ 4,421.40

Expenses

Paid____________________ $ 4,433.90

Unpaid_________________

355.90

(-)267.07

Total Expense___________________ $ 4, 789 .so

Deficit in Operations !lacon llarket ____________ $

DOUGLAS MARKET TrlalanrskfeertFfreoems _S__ta__te__T__r_e_a_s__u_r_y_-________ $
Expenses Paid_________________________________

.00 89.16

(-)368.40

Deficit in Operations Douglas llarket___________ $

THOMASVILLE MARKET TrlalanrskfeertFfreoems _S__ta__te__T__r_e_a_s__u_r_y_-________ $

116.05

Expenses Paid_________________________________

252.60

C-)89.16

Deficit in Operations Thomasville llarket__ _____ $ (-)136. 55

584

STATE DEPARTMENT OF AGRICULTURE. SUMMARY OF OPERATIONS. Year 1936.
SCREW WORM ERADICATION Transfer from State Treasury____________ $ 47,250.00 Expenses Paid___________________________________ 2,644.00

Surplus in Operations Screw Worm Eradication___ $

EGG CONTROL Transfers from Revenue Account________ $ 7,558.25

Expenses Paid______________________ $ 6,189.16

Unpaid___________________

617.97

44,606.00

Total Expense____________________ _ 6,807.13

Surplus in Operations Egg ControL______________ $

751.12

-----

Net Total Deficit in Operations_________________ =$==7=0=,4=1=2=.4=8

SUMMARY Total Funds Received for Expenditure___ ExpPenasieds____________________ $265,897.38
Unpaid_________________ 69,834.64

$265,319.54 335,732.02

Net Total Deficit in Operations_________________ $

RECONCILIATION Accounts Payable____________________________________ $

Cash Balance 1/1/36__ ____ __ ___ __________

734.50

Cash Balance 12/31/36___________________

156.66

Cash Balance applied on Operations _______________ _

$

70,412.48 69,834.64
577.84 70,412.48

STATE DEPARTMENT OF AGRICULTURE.

Detail of Expenses-Paid and Unpaid.

Year 19~6.
I I 1/1P/a3i6dto
I 12/31/36

1U2n/3p1afi3d6

Total

MAINTENANCE OF DEPT.

Personal Service___________________ $ 75,106.00$ Travel Expense____________________ 21,821.10

.00 $ 75,106.00 90.34 21,911.44

SuOpfpfliicees________________________ "__ Ice_______________________________ Chemical Laboratory_____________

3,088.81 2,313.79 5,402.60

9.40 1,642.94

---2--,3-7--8-.6--4

9.40 4,021.58

Sanitary Supplies _______________

38.72

52.31

91.03

T o t a l __________________________ $

4,779.87$

4,744.74$

9,524.61

FRIDAY, JANUARY 15, 1937.

585

STATE DEPARTMENT OF AGRICULTURE. Detail of Expenses-Paid and Unpaid. Year 1936.

Paid Unpaid 1/l/36 to 12/31/36 12j3lj36

Total

MAINTENANCE OF DEPT.-Cont'd. CoPmosmtaugnei_c_a_t_io__n__S_e_r_v_i_c_e_s___________ Telephone_______________________ Telegraph _______________________

7,059.10 1,636.93

---1--,4-9--3-.0--9

7,059.10 3,130.02

289.11

297.40

586.51

Total__________________________ $ Heat, Light, Power & Water Services
Gas Service (Chem. Bldg.) _______ Water Service (Chem. Bldg.)______ Light Service (Chem. Bldg.)______

8,985.14$ 1, 790.49 $ 10,775.63

792.11

375.79 1,167.90

228.36 947.501

---1--,1-4--3-.4--2

228.36 2,090.92

Total__________________________ $ 1,967.97$ 1,519.21$ 3,487.18 Repairs

OChffeimceicEaql uLiapbm. _e_n__t___-_-_-_-_-_-_-_-_-_-_-_-_-_-

754.30
-----------

25.25 88.30

779.55 88.30

Total__________________________ $ Printing and Publicity
Revenue Tags and Stamps_______ Forms and Bulletins_____________

754.30:$ 113.55 $ 867.85
6,316.28 5,585.22 11,901.50
1,131.81 ----------- 1,131.81

Total__________________________ $ InBsuornadncPeremiums _________________

Equipment Purchases_ Folding Machine_________________

Miscellaneous

Storage Fertilizer Tags___________ Express and Drayage ____________

$

OSuthbesrc_r_i_p_t_io__n_s__a_n_d__D__u__e_s__________________

7,448.09$ 5,585.22 $ 13,033.31

164.55

35.00

199.55

375.00 -----------

368.50$ 433.00$

519.77

12.89

111.75

97.00

18.22 -----------

375.00
801.50 532.66 208.75
18.22

Total__________________________ $ 1,018.24$ 542.89$ 1,561.13

.Total Maintenance Expense Paid and Unpaid for Year 1936______ $122,420.26 $ 14,421.44 $136,841.70

FARMERS MARKET-ATLANTA OpPeerrastoionnals Service_________________ Travel Expense__________________
SuOpfpfliciees_________________________ Sanitary Supplies_____________ Coal ___________________________

22,771.15 1,543.86

-------6-3-.1--4

22,771.15 1,607.00

33.05 136.52 538.10

47.82 860.79 180.00

80.87 997.31 718.10

T o t a l ________________________ $ 707.67$ 1,088.61$ 1,796.28

586

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGB.ICULTUB.E.

Detail of Expenses-Paid and Unpaid.

Year 1936.

Paid Unpaid 1/1/36 to 12j31/36 12/31/36

Total

FARMERS MARKET-ATLANTA -Continued.

OperatiQn-Continued.

Communication Services Telephone_____________________ Telegraph_____________________

69.77 ___ __ ______ 3.46 ___ ______ __

69.77 3.46

1--------1
TotaL ______________________ $ 73.23

1-------$ 73.23

Heat, Light, Power & Water

etaSserSveircveisce___________________ _ Water Service_________________ _ Lights________________________ _

158.04 -----------

1,216.37

7.40

1,605.30 3,314.83

158.04 1,223.77 4,920.13

Total________________________ 1$~-2-,9-7-9-.-71-1$--3-,-3-2-2.-2-31$--6-,-3-01-.-9-4

Stamping, Printing & Publicity

Blank Books and Reports ____ _

225.64 -----------

225.64

Market Inserts for Newspapers_ Pictures of Market____________ _

734.85 i,451.39 2,186.24

46.03

92.03

138.06

BPoasrbteercsu_e__t_o__o_p_e__n_M___a_r_k_e_t__________ __

175.00-----------

116.80

251.25

175.00 368.05

Total________________________ $ 1,298.32$

Repairs__________________________

54.97

Insurance

Bond Premium________________ -----------

Rents

Lease Atlanta Property-------- $ 14,980.00$ Services Obtaining Leases

(Draper-Owens)____________ -----------

1,794.67$ 3,092.99

23.65

78.62

140.00

140.00

5.00$ 14,985.00 2,000.00 2,000.00

Total________________________ $ 14,980.00$ 2,005.00$ 16,985.00

Equipment Office_________________________

123.50

78.20

201.70

Miscellaneous

Moving Truckers______________

37.80-----------

37.80

Total Expense for Operations

,

of Atlanta Farmers Market_ $ 44,570.21 $ 8,515.50$ 53,085.71

FRIDAY, JANUARY 15, 1937.

587

STATE DEPARTMENT OF AGRICULTURE. Detail of Expenses-Paid and Unpaid. Year 1936.

Paid Unpaid 1/~36 to 12/31/36 12 31f36

Total

F.A.BJIIEB.S MARKET-ATLANTA

Construction

*Personal Services_____ ------- ____ $ 7,541.54 -----------$ 7,541.54 Supplies
Building MateriaL ____________ 8,893.18 11,424.82 20,318.00

Sheet Metal__________ --------MCoancacdreazten______________________________-_-_-_-_-_-_-_-

456.89

447.30

904.19

2,082.84 2,314.58 . 4,397.42

937.05 2,744.70 3,681.75

Fence___ ----------------------- -----------

171.28

171.28

~otal________________________ $ 12,369.96 $ 17,102.68 $ 29,472.64

Building and Permanent Im-

LapyrionvgeFmleonotrs__b_y__C__o_n__tr_a__c_t_____

Painting____ ---------~---------

Furnish
~ftng

i_n__g__&__E_r_e_c__ti_n_g__S__h_e_d_s____

Electrical Call System__________ EPllaecsttreircianlgI_n_s_t_a_l_l_a_t_i_o_n____________________
Plumbing______________________

600.32 397.04

----1-,0--4-2-.-6-8

7,222.56 12,263.70

1,315.13 233.50

-----9--3-8-.-0-0

2,022.00 3,463.50

50.00 2,558.45

---5--,3-7--1-.2--1

600.32 1,439.72
19,486.26 1,315.13 1,171.50 5,485.50
50.00 7,929.66

Restaurant EqUipment________ Asphalt Tile Floor_____________

121.24 311.76 433.00 344.05 . 913.84 1,257.89

________________________

~otal

$ 14,864.29 $ 24,304.69 $ 39,168.98

~otal Expense of Construction of Atlanta Farmers Market _______ $ 34,775.79 $ 41,407.37 $ 76,183.16

FA'RMJ!!B.S MARKET-VALDOSTA

Co~melmep uh no icnaet_i_o_n__S_e_r_v_i_c_e_s___________ $

77.12$

HeLaitg, hLtigShetr,vPicoew__e_r_&__W__a_t_e_r__S_e_r_v_i_c_e_s

137.84

Printing and Publicity
Photographs of Market___________ -----------

~oFtaalrmSetrasteMEaxrkpeetn_s_e__V__a_l_d__o_s_t_a_ $ 214.96$

.00$ 78.87 7.00

77.12 216.71
7.00

85.87$ 300.83

*It is understood that Fulton County furnished most of the labor for construction which has been estimated to be $50,000.00. However no records are available.

588

JouRNAL oF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE. Detail of Expenses-Paid and Unpaid. Year 1936.

Paid Unpaid
1/1/36 to 12/31j36 12j31/36

Total

FARMERS MARKET-MACON

Personal Services__________________ 1,539.60 __________ _ 1,539.60

Supplies

()ffice___________________________

10.89

27.00

37.89

Building Supplies__________________________

147.23

147.23

CoaL____________________________ ___________ 17.00

17.00

---------1----

TotaL ________________________ i$ 10.89$ 191.231$ 202.12

-I C<>.fe~~~~~~~~ -~~~~i_c_e_s__________

80.90-----------

80.90

Heat, Light, Power & Water Services

Ligl:t Service____________________ ~ 238.78 164.67 403.45

Water Service____________________

24.80 __________ -1 ___24.80

--i TotaL ________________________ $ 263.58$ 164.67I$ 428.25

Rents-Macon_____________________ 2,400.00 _________

2,400.00

TotaL

________________________

-
$

----
4,294.97.$

-

-1
355.90.$

4,650.87

Outlay Plumbing________________________

I

I

138.931- ________ --1

138.93

---

355.901$ 4,789.80

I

252 0 601- ------- -- _I$ 252.60

252.601

1-$--25-2-.6-0

FRIDAY, JANUARY 15, 1937.

589

STATE DEPARTMENT OF AGRICULT~E. Detail of Expenses-Paid and Unpaid. Year 1936.

Paid I Unpaid 1/1/36 to 12/31/36

Total

l2j:J1j~6 I

---------------------------,

--------1--------

SCREW WORM .ERADICATION Personal SerVIces__________________

i
$

524.98 ___________ $

524.98

Travel Expense____________________ 1,073.11, ___________ 1,073.11

Supplies BenzoL_________________________ 1,041.96 ______ _____ 1,041.96

Communication Services

Postage__________________________ '

3. 95: ________ __ _

3.95

Total Expense for Screw Worm .

I

Eradication__________________ '$ 2,644.00;

I
$ 2,644.00

EGG CONTROL Personal Services__________________ $ Travel Expense____________________ :

SuOpfpfliciees___________________________ 1,

Communication Services

I

Telephone_______________________ :I

Postage___ ----------------------- I T o t a l __________________________ $
Printing Egg License Stamps _____________

Booklets, Blank Books & Forms_

T o t a l __________________________ $

1,899.981Ii___________ !,II$
2,841.40 ________ __ _

74.98 -----------1I
1.45 -----------1I
4.45 -----------1

5.90

1$

~0.40$ 617.97
426.50 -----------
1,366.90$ 617.97$

1,899.98 2,841.40
74.98
1.45 4.45
5.90
1,558.37 426.50
1,984.87

Total Expense for Egg ControL $ 6,189.16$ 617.97$ 6,807.13

ltET BULLETIN Supplies
Addressograph Supplies_________ $ Mailing List Paper_______________

794.36 ----------- $ 235.79$ 148.42

794.36 384.21

T o t a l __________________________ $

1,030.15$

148.42$ 1,178.57

CoPmosmtaugnei_c_a_t_io__n__S_e_r_v_i_c_e_s____ ---- ___ PrPinritnintignagnBduPlluebtilnic_i_t_y_____________
illustrations _____________________

3,918.68 ----------- 3,918.68

16,013.54 1,326.60 17,340.14

31.00 -----------

31.00

Total__________________________ $ 16,044.54 $ 1,326.60 $ 17,371.14

Miscellaneous

Hauling Bulletins to Post Office_

338.00 ----------- 338.00

Total Expense Market Bulletin.. $ 21,331.37$ 1,475.02 $ 22,806.39

590

JouRNAL OF THE SENATE,

8'-rATE DEPARTMENT OF. AGB.ICULTUIU!l.

Detail of Expenses-Paid and Unpaid.

Year 1936.

Paid Unpaid 1/1/86 to 12/31/36 12j3lj36

Total

VETERINARY

Personal Services__________________ Travel Expense____________________

$

13,650.87$ 7,030.86

..00$ 13,650.87 36.75 7,067.61

Supplies

Cattle Marking Paint____________ : 130.00

46.80

176.80

Chemical & Veterinary Supplies_ Office Supplies__________________

Ij

Sanitary Supplies _______________

Cattle Dip_______________________

298.62

26.40

70.40 26.16

---------------------

912.50

670.00

325.02 70.40 26.16 1,582.50

TotaL ______________________ - __ $ 1,437.68$ 743.20$

CoTmelmepuhnoicnaet_i_o_n__S_e_r_v_i_c_e_s___________ Telegraph _______________________ Postage________ -_-_------- _______

66.721-----------1 2. 88:-----------
5.03-----------

-----

TotaL ________ -_--_--- _____ --- $ 74.63

[$

Printing and Publicity Permits, Notices, etc. ___________ _
ReOpfafiircse __________________________ _
Dipping Vats Brooks Co. Com'rs. ___________ _ Thomas Co. Com'rs. __________ _ Tift Co. Com'rs. ______________ _ Colquitt Co. Com'rs.__________ _

I

I

!

150.25 -----------

1.50:-----------

80.90-----------

65.36

8.50

394.65 ----------6,086.07 2,167.12

2,180.88
66.72 2.88 5.03
74.63
150.25
1.50
80.90 73.86 394.65 8,253.19

TotaL ______________________ [$ 6,628.48 $ 2,175.62 $ 8,804.10

MEisxcpelrleasnse_o_u__s___________________ . __

I
3.20-----------1

3.20

------1--1

Total Expense for Veterinary

:

Operations_-_- _____________ -~!._28,97~97_:.95~~,t~ ,93~~

Grand Total All Divisions ___________ $265,897.38 $ 69,834.64[$335, :@~~

I1

~---

FRIDAY, JANUARY 15, 1937.

591

STATB DEPARTMENT OF AGIUCULTURB. Detail of Outstanding Indebtedness. December 31, 1936.

The Following Accounts Have Been Certified By Letter

Date of Purchases

Interest\ Charged Purchases

.L.RCeg. . SSmupit.h__&___C__o_r_o_n_a_,__I_n_c_._, _

Beck & Gregg Hardware Co., Bld. Sup. _________________ _

GrMahaialmRmPa. _p_e_r__C_o_._,___________ _

Foote & Davies Co., Office Sup. _________________ _

W1eVsette.r_n__U__n_i_o_n_,_______________ _ Reg. ________________________ _

AtBlaldngt.a SBulupe. _P__r_in__t_C__o_._, ______ _

AtRlaengt.i-cIcIec_e__&__C__o_a_l_C__o_._, ______ _ Atl. M-CoaL _______________ _

Ass. Amer. Feed Control Officials, Reg.-Dues ____________ _

Ga. Roofg. & Supply Co., Atl. M-Roofing_____________ _

Sou F Atl.

lMoo-Frilnogor&_

Ins. Co., _______________

_

Atl. Aggregate Co., Inc., Atl. M-Concrete ____________ _

Atlanta Paper Co., Off. Sup. __________________ _

Atlanta Linen Supply Co., Off. San. Sup. _____________ _ Atl. M-San. Sup. ___________ _
Atlantic Steel Co., Atl. M-Fence _______________ _

Walter W. Brown Pub. Co., Office Sup. ________________ _

CaOr-f\f\icaellaScuep-C._o_u__r_te_n__a_y_,_______ _

Cromer & Thornton, Inc., Atl. M-Bldg. Sup. __________ _

Campbell Coal Co., Atl. M-Bldg. Sup. __________ _ Atl. M-CoaL _______________ _

Colquitt County, 1Vet.-Repr. 1Vats ____________ _

Car. Portland Cement Co., Atl. M-Bldg. Sup. __________ _

Central Sash & Door Co., Atl. M-Bldg. Sup. __________ _

9/15/36 9J25j35 to 12/7/36 8/5/36 to 12/15/36
5/15/36 6/1/36-c12/31/36 6/1/36-c12/31/36 3/16/36-c12/31/36 12/4/35-12/31/36
4/9/36 1/1/35 1j17j36 3j30j36 10/7/35-5/27/36 8/17/36 6j1/36-12j31j36 2/ 1j36-c12/31/36 5/25/36 8/24/ 36-c12/31/36 8/18/36 9j19j35-12/31j36 8/1/36 10/29/36 3/17/36-cllj30j36 6/24/36-7/24/36 8J28/36-c10j28J36

$ 0.00$ 49.10

25.24 478.48

-----------------------------------------------------------------
, _________

128.40
3.15
9.23 276.98
40.90
20.00 156.00
10.00
447.30

~--------I
---------

30.00 2,314.58

---------

4.29

---------1 ---------

15.75 24.75

:~~~~~~~~~~

171.28 26.50

--------- I 18.90
162.001 2,135.76

-----------------

10.00 24.00

I
~---------,

1-------..1

I

'

---------1

I

I

2,167.12 232.08 10.48

592

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE. Detail of Outstanding Indebtedness. December 31, 1936.

The Following Accounts Have Been Certified By Letter

Date of Purchases

Interest Charged Purchases

Cincinnati Time Recorder Co.,

tAetml. _M__-_P__u_b_l_i_c__A_d__d_r_e_s_s__S_y_s_-_
I

12/30f36

--------- $ 938.00

J. M. Alexander Co.,

Atl., M-Bldg. Sup. _________ _ 12j14j35-12j31j36 $ 72.81 1,152.55

AtClahnertna.GGaassL__i_g_h_t__C_o_._,_______ _ 7/1/36--12j31j36 Crane & Co.,

---------

375.79

Atl. M-Bldg. Sup. __________ _ Cupples Hesse Env. Co.,
Fertz Tags _________________ _ WCillaiattmle DCiopo. p_e__r__&____N_e_p__h_e_w__s _ DuMnalacopn-PMee-lSeurpH. d__w_e_.__C_o__.,____ _ Dixie Seal & Stamp Co.,

1/30/36-3/2/36 4/4/35-5/24/35 2/20/36--6/17/36 7/3/36--9/18/36

---------
-------------------------

56.95 4,633.72
670.00 96.05

Atl. M-Off. Sup. ___________ _ EcOofnfo. mRyepEaleircs._C__o_._, ___________ _ Elec. Instal. & Repr. Co.,

6/15/36 6/30/36--7/3/36

-----------------

21.00 7.36

Atl. M-Elee. Contract_______ _ EmOpffir. eSPutpr.._&___B_o__x_.__C_o_._,_______ _ EsCtehserSnu. rSgu. pS.u_p__p_l_y__C_o_._,______ _ SaAmtlE. .MF-iPnalevyin, g ______________ _ F.A&tl.LM. P-Ahodtvo..__S_e_r_v_i_c_e_,_______ _
Floyd Bros., Atl. M-Bldg. Sup. __________ _
Ga. Power & Light Co.,

1/17/36--7/7/36 1/13/36--3/18/36 3/30/36--12/31/36
12/31/35 5/28/36 4/10/36

-------------------------------------------------

3,463.50 173.81
1,658.38 2,244.24
24.00 90.00

Valdosta, F M-Lights_______ _ Georgia Power Co.,

7/24/36--9/15/36 ---------

78.87

Macon F. M.-Lights_________ _ GeCohrgeima .P-LowigehrtCs _o_._, ___________ _
Georgia Power Co.,

9j18j36--12/10j36
--------------------

-----------------

Atlanta F. Golian Steel

M.-Lights _______ _ & Iron Co.,

--------------------

---------

164.67 1,143.42 3,290.71

Atlanta, erecting Sheds ____ _ 1/15j36-5/20j36 802.30 11,461.40

NoArtml.aMn .H-Oafrfpiecer _C_o_._,__________ _ Georgia Remnant Co.,

5j15j36

---------

3.57

Off. Sup._------_------- ____ _ GrAatpl.hMic.A-Ardtsv.E_n__g_r_._C__o_._,______ _

8/24/36 6/5/36

--------- 4.56 --------- 49.28

!<RIDAY, jANUARY 15, 1937.

593

STATE DEPARTMENT OF AGRICULTURE. Detail of Outstanding Indebtedness. December 31, 1936.

The Following Accounts

Date of

Interest

Have Been Certified By Letter Purchases

Charged Purchases

1---------------1-------1-------

Greer Supply Co.,

Atlanta M.-San. Sup. ______ _ JoEhgng HS.taHmaprsla_n__d__C_o_._,________ _ Home Desk & Fixt Co.,
Atl. M.-Off. Eqpt. __________ _ IvOanffA. Slluenp.M__a_r_s_h__a_ll__C_o__.,______ _
Jenson Salisbery Lab., Vet. Supplies _______________ _
Louis B. Jones, A.M.-Bldg. Sup. ___________ _
LaN & Co., Chem. Sup, ________________ _
Lombard Iron Works, Off. Sup. ___________________ _
Laboratory Const. Co., Chem. Sup. ________________ _
McClure Office Eqp. Co.,

6/17/36--8/5/36 8/1/35-6/29/36 3/12/36--3/23/36 3/ 10j36-10/28/36
7/15/36 Apr. 1936 4/30/36--7/28/36
9/10/36 7/3/36

--------- $
-----------------------------------------
---------
-----------------

344.01 617.97 78.20 337.62
4.95 71.25 62.50 10.85 76.40

Macon M.-Off. Sup. ________ _ McKesson-Doster-Northing-
ton, Chern. Sup. ____________ _ Lyon, Harris & Brooks,

8/3/36 Apr.-May 1936

-----------------

1.00 128.81

Macon M.-Off. Sup. ________ _ 7/21/36--9/4/36 ---------

Macon Electric Co.,

Macon M.-Bldg. Sup. _______ _

7/11/36 ---------1

I.. A. Masher,

Vet. Nolan

Sup. ___________________ _ & Co.,

--------------------

---------

Atl. M.-Bldg. T. A. Nutt,

Sup. _________

_

--------------------

------ ---

Bond Prem. ________________ _

5/14/36

---------

H. W. Oattis,

26.00 51.18 5.22 183.86 30.00

Atl.-Painting Phillips-Brown

Mkt. _________ _ Sign Co.,

--------------------

---------

1,042.68

Atl. Adv. F. M. _____________ _ Pattillo Lumber Co.
Atl. M.-Bldg. Sup. _________ _ PrDoduuecse__R__e_p_o_r_t_e_r__C_o_._,________ _
PieSdamn.oSnut pL;aCunhedmry. _C__o_.,_______ _ Dozier & Gay Paint Co.,
Cattle Marking _____________ _ C. C. Downs, Inc.,
Off. Repairs________________ _

Mar. 1936 12/1/35-12/31/36
1/1/36-12/31/36 5/5/36--12/28/36
6/12/36 9/14/36

-------------------------------------------------

101.25 6,209.70
85.00 20.81 46.80 3.25

594

JouRNAL OF THE SENATI;:,

STATE DBPARTMBNT 01' AGlUCULTURB. Detail of Outstanding Indebtedness. December 31, 1936.

The l'ollowing Accounts Have Been Certified By Letter

Date of Purchases

Interest Charged Purchases

Draper Owens Co., for services

rendered for obtaining

leases Atl. Mkt. Property_____ -------------------- --------- $ 2,000.00

Draper-owens Oo., Market

Lease Bond Premiums______ _

9/20/36

140.00

Franklin Printing Oo.,

Atl. F. M.-Truck Signs_____ _

6/00/36

150.00

Puritan Ohem Oo.,

Atl. F. M.-San. Sup. _______ _ 1/1/36-4/4/36

208.98

The Warren Oo.,

Atl. F. M.-Bldg. Sup. _______ _ 1/18/36-2/6/36

254.64

Paul Robinson,



Atl. M.-Photograph ________ _

12/13/35

6.75

Tom Sanders, Jr., Atl. M.-Sketches ___________ _

8/2/35

12.00

Rogers & Nash,

Atl. F. M.-Qffice Sup. ______ _

6f1S/36

2.20

Sanitary Supply Oo:,

Atl. F. :M.-San. Sup.________ 5/26/36-llf19j36 --------- 283.05

Southern Belting Oo.,

Atl. F. :M.-Bldg. SuP---~--- Skinner Bros. Oo.,
Storage Fertz. Tags_________ _

10/26/36 7/1/36-12/31/36

6.95 433.00

Skinner Bros. Oo.,

Atl. F. M.-Lights____________ -------------------- ---------

SoAuttlh. eFr.n:MD.i-sFtlroiboruitnogr_s_,_______ _

1/1/36

24.12 883.84

Southern Bell Tel. & Tel. Oo., Office _______________ -------- 1/26/36-12/26/36 ____ _____ 1,493.09

Stein Printing Oo., Atl. F. M.-Qff. Sup. ________ _ OFefrf.tzS. u&pF._e_e_d__S_t_a_m__p__s_&__T__a_g_s__

6/6/36 6/6/36-12/23/36 6/6/36-12/23/36

17.00 951.50
678.95

Standard Tent & Awning Oo., Atl. Awnings F. :M. _________ _ 2/28/36-6/17/36

179.27

Tr:iMbaurnkeetPBuubl.leOtion.,____________ _ Tripod Paints Inc.,
Atl. F. M.-Bldg. Sup._______ _

9/5/36-12/17/36 4/11/36--4/24/36

1,326.60 51.90

U.OSh.eImnd. .SAulpc.o_h_o__l _&__S_a_l_e_s__O_o__., _

6/13/36

28.51

ThRoempaasirCs Dou. nVtyat,s. ____________ _
L. R. Williams Plmbg. Oo., Ohem. Reprs.._______________
L. R. Williams Plmbg. Oo.,

5/12/36 5/1/36-8/31/36

---------

8.50
84.80

Plumbing Contract Atl. F. Market______________________ 10f19f35-1/10f36 $ 399.43 4,971.78

FRlDAY, JANUARY 15, 1937.

595

STATE DEPARTloNT OF AGRICULTURE Detail of Outstanding Indebetdness December 31, 1936

The Following Accounts

Date of

Interest

Have Been Certified by Letter

Purchases

Charged Purchases

1---------------1-------1-------

L.AtRl.. MW.-iRlleiapmaisrs_P_l_m__b_g_.___C_o_._, _ WOalfnfiucte TDrraanyasfg.e_&___S_t_o_r_.__C_o__., _ Wright Co.,

7J6/36-8f11f36 7/6/36-8/17/36

--------- $

19.25 2.73

Restaurant Eqpt. F. M, _____ _

12/31/35

311.76

Williams Printing Co.,

Atl. Market Folders an-

Mnoaurnkectisn_g_o__p_e_n__in__g_o_f__F_a_r_m_ _ Off. Sup. __________ ------- __

6/30/36--9/19/36 6J26/36-9/19J36

1,436.99 264.10

Conklin Tin Plate & Metal

Roofing Farmers M. Atlanta_ FoFr.syMt.hACdovu._n_t_y__N__e_w_s_________ _

11/26/35--1/16/36 7J2J36

500.46 14.40

FrAanlckohRoelyBnoonldds__&__C__o_._, _______ _

5f12f36

5.00

PeCtehresmS.t.SBupo.t_tl_e__C_o_._,__________ ,

6J26f36

5.50

MCanhseamn.toSCuph.e_m__._C__o_.,_________ _ 4/16/36-9/11/36

418.54

FlRexelpuamires _S_o_u__t_h_e_r_n__I_n_c_._,_____ _

8/11/36

2.00

John J. Thompson Co.,

A;FB. .MD. iRckenCto-.-,-O.-f-f-.-S--u-p--. _-_-_-_-_--_

12/31/36 7/1/36-12/31/36

5.00 551.34

Ricks Studio,

Photo. Valdosta F. Market__ _

6/4/36

7.00

Total Indebtedness as Ce rtified______________ $1,461.78$67 ,8f!1.96

Additional Items Listed as

Date of

Interest

Indebtedness-Not Certjfied

Purchases Charged Purchases

--------

Advance Refrigeration,

Chem. Rep. _________________ -------------------- --------- $ 1.50

Atlanta Linen Supply,

Chem. San. Sup. ____________ -------------------- --------- 15.'75

F. J. Cooledge & Son,

Atl. F. M.-Repairs ___________ -------------------- ---------

4.40

Office Repairs _______________ -------------------- --------- 14.66

Harry Berman,

Vet. Sup. ___________________ -------------------- _________

2.00

Atlantic Ice & Coal Co.,

Macon F. M.-Sup. ___________ -------------------- ---------

1'7.00

T. U. Beard___________________ -------------------- ---------

5.00

Elliott Addressograph Co., Office Sup. ______ ----------- ------------ ________ ____ _____

12.50

596

JouRNAL oF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE

Detail of Outstanding Indebtedness

December 31, 1936

Additional Items Listed as Indebtedness-Not Certified

Date of Purchases

Interest Charged Purchases

Atlanta Water Works, F. M. Water _________________ -----------------------------
SuOpfefricveisSourpo._f_P__u_r_c_h_a_s_e_s_,______ __ _________ _____ ___ _ _____ ____ Graham Paper Co.,
Office Sup.__________________ _______ _____________ _________ Macon Paper Co.
Off. Sup. F. M.______________ -------------------- --------J. T. McDonald Co.,
Off. Sup. ____________________ ----------------------------The New York Packer,
Sub. ________________________ --------------------_________ Postal Telegraph,
Office TeL__________________ _____________ __ __ __ _ ___ ______ Ry. Express Agency,
Express_____________________ ____________ _______ _ _________ UnOdfefricweoSoudpE._ll_i_o_t_t_F_i_s_h_e__r_C__o_.,_________________________ --- __ _
Addressograph Co., Office Sup. _________________ -----------------------------
Total____________________ -------------------- --------- $

7.40 9. 75 79.35 3.75 3.00 2.00 20.42 10.16 26.35
59.68 294.67

Travel Expense Employees
R. M. Spiers___________________ Vet. _______________ _ Marvin P. Bussey______________ Reg. _______________ _ Dr. R. F. Thomas ______________ Vet. _______________ _ A. F. Barwick_________________ F. M. ______________ _ D. L. Davis____________________ Vet. _______________ _ R. J. Heyde ___________________ Reg. ______________ _ F. M. White ____________________ Reg. _______________ _ C. H. Ellis, Jr. ________________Vet. _______________ _ A. T. Sowell___________________F. M. ______________ _

5.25 64.69 7.60 41.64
14.30 19.80
5.85 9.60
21.50

Total---------------------------------------- --------- $ 190.23 Grand Total Indebtedness ________________ $1,461.78 $68,372.86

FRIDAY, jANUARY 15, 1937.

597

SECTION m.

RECONCILIATION OF ADVANCES.

PETTY CASH AND BANK BALANCES.

Year 1936.

STATE DEPARTMENT OF AGRICULTURE. DETAIL OF ADVANCE ACCOUNT.
January 1, 1936 to November 20, 1936.

Name

Repaid Out- Repaid OutAdvances 1/1/36 to standing 11/21/36to standing
Made 11j20j36 11/20/36 12/31/36 12/31/36

Bagley, Garland__ $
Campbell, M. o. __

125.00 $_________ $ 200.00 200.00

125.00$ .00

125.00$ .00

.00 .00

Carter, C. P. ______ Deen, H. A. ______ Epperson, L. A.___ Griffin,Lawton W.

25.00 25.00

250.00 300.00

----3--0-0-.0--0

250.00 200.00

.00 250.00

-----2-5-0-.0--0

.00 50.00

-----5--0-.0--0

.00
.00 .00 .00

Grimes, W. B. ____ Hynds, Eliz. ______

40.00 50.00

40.00 20.00

.00 30.00

------3-0-.0--0

.00 .00

Harris, A. D. _____

Jackson, Kenney,

G J.

uwy .

_D__.__

250.00 1,975.00
650.00

-------------2--0-0-.0--0

250.00 1,975.00
450.00

250.00
1,975.00 450.00

.00 .00
.00

Linder, Tom______ Peterson, John A.

2,550.00 200.00

-----3--5-.0--0

2,550.00 165.00

2,550.00 165.00

.00 .00

Robinson, H. J. __ Snider, L. T. _____

50.00 200.00

------5-0-.0--0

50.00 150.00

50.00 150.00

.00 .00

Wright, Carl B. ___ 100.00 ---------- 100.00 100.00

.00

TotaL----- ____ $ 7,215.00 $ 1,070.00 $ 6,145.00

November 20, 1936 to December 31, 1936.

Linder, Tom _____ Jackson, Guy D.. Taylor, J. W. J, ___
Total___________ $

50.00 100.00 25.00
175.00

50.00

.00

100.00

.00

25.00

.00

$ 6,320.00$

.00

Gryaenadr _t_o_t_a_l_s__f_o_r $ 7,390.00 $ 1,070.00

$ 6,320.00$

.00

598

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE.

ANALYSIS PETTY CASH FUND.

At November 20, 1936. Advanced for petty Cash Fund_______________________$ 500.00 Postage prepaid by purchasers of Licenses __ --------- 32.02
~otal _____________________________________________ $ 532.02 Less items charged in expense________________________ 17.82
Net to be accounted for_ _____________________________________$ 514.20

CASH AND CASH ITEMS ON HAND

Cash on hand______________________________________$ 130.95

Cash on Deposit Revenue Collection Account______

Cash items:

Check dated 8/27/35 Fred~. Bridges____________

" " 11/ 5/36 ~. M. Linder_______________

" " 11/ 6/36 ~. M. Linder_______________

" " 10/27/36 ~. M. Linder_______________

" " 8j21j36 A.M. Lott__________________

" " 2/28/36 Ga. Carolina Sales Co._____

I. 0. U.

Frank MCDanieL__________

"

Lawton Griffin____________

"

Lawton Griffin_____________

"

Oran Ellis__________________

"

Mimi Jackson______________

93.25
25.00 35.00 35.00 85.00 25.00 25.00 5.00 20.00 5.00 10.00 20.00

~otal _____________________________________________________ $ 514.20

~his item was deposited into Maintenance Account as of December 31, 1936.
STATE DEPARTMENT OF AGRICULTURE.

REVENUE COLLECTION ACCOUNT.

RECONCILIATION OF BANK ACCOUNT.

November 20, 1936.

Balance per National City Bank of Rome, Georgia, 11/20/36___$ 2,917.96

Add: Deposits in transit

Entered day book 11/20/36 credited by bank 11/21/36__ 614.87

"

" " 11/17/36 " " " 11j21j36__ 631.70

Balance 11/20/36____________ ----------- __________ .$ 4,164.53

FRIDAY, jANUARY 15, 1937.

599

STATE DEPARTMENT OF AGlUCULTURE.

REVENUE COLLECTION ACCOUNT. RECONCILIATION OF BANK ACCOUNT.

December 31, 1936.

Balance per NationalCity Bank, Rome, Georgia-12/31/36___$ 15,078.43

Less : Outstanding Checks

#43--J. B. Daniel, State Treas. ___________$ 425.75

*45-To Maintenance Account____________ 1,345.50

46-J. B. Daniel, State Treas.___________

59.50

47-Transfer Egg Fund to Maintenance__

10.00

48-J. B. Daniel, State Treas-.;---------- 13,565.18 15,405.93

Balance Dec. 31st, 1936_ ______ __ __ ____ ___ __ ___ _ (-)$327 .50

Add: Paid to Maintenance Account thru error____________

327.50

$

0.00

*This check was issued to Maintenance Account to cover checks drawn on Maintenance Account thru error-this amount should have been
$1,018.00 instead of $1,345.50 therefore there is $327.50 in Maintenance Account that belongs to Revenue Collection Account.

STATE DEPARTMENT OF AGlUCULTURE.
MAINTENANCE ACCOUNT.
RECONCILIATION OF BANK ACCOUNT.
November 20, 1936.
Balance per First National Bank, Rome 11/20/36______________$ 1,448.78 Less : Outstanding checks : #2628-H. A. Deen____________________________$ 108.33 2794-A. F. Barwick_________________________ 24.25 2801-Albert Boyston________________________ 50.00 2525-J. D. Rembert_________________________ 41.66 2822-J. M. Goode___________________________ 74.50 2824--Stein Printing Co.____________________ 115.00 2833--Tribune Publishing Co._______________ 622.90 2834-L. F. LiVingston, P.M.________________ 188.02 1,224.66
Net Balance November 20th, 1936______________________$ 224.12

600

JouRNAL OF THE SENATE,

STATE DEPARTMENT OF AGRICULTURE. MAINTENANCE ACCOU'NT.

RECONCILIATION OF BANK ACCOtiNT.

December 31, 1936.
Balance per National City Bank, Rome, Ga., 12/31/36_________ $ 3,160.06 Add : Deposits in transit : Transfer from Revenue Collection Account, 12/31 to correct error checks #42 and #43____ $ 1,345.50 Transfer from Revenue Collection Account Egg Stamp Funds_________________________ 10.00 Payment on Advance by J. W. J. Taylor_____ 25.00 1,380.50

Less : Outstanding Checks :

#2940-W. 0. Heery _________________ $ 27.77 2950-Arthur J. Nix ______________ _ 33.33 2957-J. C. Bennett, Jr. __________ _ 50.00 2962-A. M. Lott__________________ _ 122.99 2983-Cash-Petty Cash__________ _ 17.39

2985-W. E. Sealy_________________ _ 181.75 2986-W. E. Sealy_________________ _ 27.95 2988--.J. Johnson, Jr. ____________ _ 34.10 2989-J. Johnston, Jr. ___________ _ 42.80 2990-W. L. Stone ________________ _ 139.35 2991-W. L. Stone________________ _ 106.35 2992-W. L. Stone ________________ _ 41.70

2994-Carl B. Wright______________ _ 105.30 2995--John W. PopEL ____________ _ 124.50 2996-John W. Pope ______________ _ 33.33 2997-Est. H. A. Deen ____________ _ 258.33 2999-Est. H. A. Deen ____________ _ 2.36

3002--Board Water Com.-Macon__ _ 7.91 3004---J. W. DanieL ______________ _ 10.89 3005--Guy D. Jackson____________ _ 150.00 3006-A. D. Harris ________________ _ 75.00 3007-W. B. Grimes _______________ _ 50.00

3008-Garland C. Bagley__________ _ 41.66 3009-Mrs. Lula Mosman__________ _ 37.50

3010-Miss Clifford Eppenger_____ _ 37.50

3011-Miss Clifford Eppenger_____ _ 25.00 3012-Gus Watson ________________ _ 5.83

33001134--WW.. L0.. HSteoenrye _______-_-_-_-_-_-_-_-_-_-_-_-_--_

27.77 50.00

3015--Miss Elizabeth Hynds ______ _ 3016-0ran Ellis __________________ _
3017-Frank McDanieL ___________ _ 3018-N. C. Gammage_____________ _

50.00 50.00
37.50 37.50

33002109--.DJ.oLck. AAlkerxidangde e__r_____-_-_-_-_-_-_-_-__-_--_
3021-J. Johnson, Jr. ____________ _ 3022--Carl B. Wright______________ _ 3023-Arthur J. Nix ______________ _ 3024-C. P. Carter ________________ _

5.83 33.33 33.33 33.33 33.33
50.00

$ 4,540.56

FRIDAY, JANUARY 15, 1937.

f\01

STATE DEPARTMENT OF AGRICULTURE.

MAINTENANCE ACCOUNT.

RECONCILIATION OF BANK ACCOUNT.

December 31, 1936.

Less : Outstanding Checks-Con. : #3025-W. E. Sealy__________________ $ 33.33 3026-C. R. Clark_________________ _ 96.11 3027-John A. Peterson __________ _ 55.55 3028-J. W. Barwick______________ _ 50.00 3029-A. N. Porter_ _______________ _ 50.00 3030-J. M. Goode ________________ _ 50.00 3031-Robert Bolinger_ ___________ _ 50.00 3032-J. C. Bennett, Jr. __________ _ 50.00 3033-Mimi Jackson ______________ _ 16.00 3034-B. F. Carr __________________ _ 50.00 3035-J. W. DanieL ______________ _ 50.00 3036-J. C. Holoman _____________ _ 50.00 3037-Carl B. Wright _____________ _ 110.25 3038-J. L. Alexander_ ___________ _ 147.30 3039-W. L. Reagan _______________ _ 295.10 304Q-J. E,_ Thompson ____________ _ 54.75 3041-Harry V. Jackson __________ _ 34.00 3042-Charlie Henson ____________ _ 95.35 3043-E. B. CounciL _____________ _ 71.45 3044-Dr. J. L. Smalley___________ _ 14.20 3045-W. B. Grimes _______________ _ 154.00 3046-W. B. Cochran______________ _ 24.75 3047-J. W. J. Taylor_ ____________ _ 25.00 3048-W. L. Reagan_______________ _ 113.45 3049-Ben F. Carr ________________ _ 31.35 30~Bradley Wilkinson__________ _ 27.70 2794-W. F. Barwick ______________ _ 24.25

$ 4,056.40

Balance December 31st, 1936 ______________________$ 484.16 Less: Amount paid by error to Maintenance from Revenue 327.50

Maintenance Balance 12/31/36_____________________$ 156.66

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

602

JouRNAL oF THE SENATE,

By Mr. Sutton of Wilkes-

. House Resolution No. 23. A resolution extending the thanks of the House and Senate to the Fulton delegation and the Mayor of Atlanta, and for otl"ier purposes.
Upon the request of Senator Lindsay of the 34th District, the Chair instructed the Secretary to obtain from the State Auditor copies of the report of Examination of State Department of Agriculture for year 1936 for the use of the members of the Senate, if possible.
Senator Atkinson of the 1st District asked unanimous consent that Senators having bills and resolutions to introduce be permitted to do so at this time, and the consent was granted.

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

By Senator Millican of the 35th District-
Senate BilrNo. 22. A bill to amend Paragraph 1, Section 4, Article 1 of the Constitution to authorize the General Assembly to enact laws not having uniform operation authorizing any County Board of Education to create a retirement system for teachers and employees.
Referred to Committee on Constitutional Amendments.

By Senators Lindsay of the 34th District and Sutton of the 47th District-
Senate Bill No. 23. A bill to repeal an Act creating the office of State Veterinarian.
Reff;rred to Committee on General Judiciary No. 1.

By Se-nators Lindsay of the 34th District and Sutton of the 47th District-

FRIDAY, jANUARY 15, 1937.

603

Senate Bill No. 24. A bill to establish the office of State Veterinarian.
Referred to Committee on General Judiciary No. 1.

By Senator Millican of the 35th District-
Senate Bill No. 25. A bill to authorize Boards of Education of counties having a population in excess of two hundred thousand to borrow money for the operation of schools.
Referred to Committee on Education and Public Schools.

By Senator Millican of the 35th District-
Senate Bill No. 26. A bill to amend an act to codify the school laws of Georgia.
Referred to Committee on Education and Public Schools.
By Senator Millican of the 35th District-
Senate Bill No. 27. A bill to authorize the Board of Education of any county having more than two hundred thousand population to create a retirement fund for teachers and employees.
Referred to Committee on Education and Public Schools.

By Senator Millican of the 35th District-
Senate Bill No. 28. A bill to amend the charter of the City of Atlanta.
Referred to Committee on Muncipal Government-

By Senator Millican of the 35th District-
Senate Bill No. 29. A bill to regulate the business of selling second-hand and used motor vehicles by non-residents or persons having no permanent place of business.
Referred to Committee on Motor Vehicles.

604

JouRNAL oF THE SENATE,

By Senators Aultman of the 23rd District, Forrester of the 44th District, and Holmes of the 22nd District-
Senate Bill No. 30. A bill to amend Section 92-8201 of the Code of 1933 to provide that counties shall not be required to pay the proportionate part of taxes due the State on tax execution sales.
Referred to Committee on General Judiciary No.2.

By Senator Ennis of the 20th District:
Senate Bill No. 31. A bill to abolish certain officers, boards, etc., of the State Government and to simplify operations of the executive department.
Referred to Committee on General Judiciary No. 1.
The following resolutions of the Senate and House were read and adopted:

By Senators Harrison of the 17th District and Williams of

the 5th District-



Senate Resolution No. 13. A resolution expressing the appreciation of the Senate to the firm of Lucas and Jenkins for complimentary passes to shows presented to the members of the Senate.

By Senator Johnson of the 42nd District-
Senate Resolution No. 14. A resolution requesting Senator Russell of Georgia to re-introduce his resolution in Congress and work vigorously for the passage of same to the end that discriminatory ra_tes now existing against the South and southern industries he removed.

By Mr. Sutton of Wilkes-
House Resolution No. 23. A resolution extending the thanks of the House and Senate to the Fulton delegation

FRIDAY, JANUARY 15, 1937.

605

and the Mayor of the City of Atlanta for the delightful banquet given the members of the General Assembly on Wednesday, January 13th.
The Chair announced that the Senate would take a recess subject to the call of the President.
The President called the Senate to order.
Senator Millican of the 35th District announced that passes to the Leow's Grand Theatre would be distributed to members of the Senate on Monday.
Senator Atkinson of the 1st District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 11:00 o'clock, A. M., Monday, January 18th.

606

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

MoNDAY, jANUARY 18, 1937.

The Senate met, pursuant to adjournment, on last F.riday, at 11:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Lind'say of the 34th District asked unanimous consent that the calling of the roll be dispensed with, and the consent was granted.
Senator Lindsay of the 34th Distr~ct, in the absence of the Chairman of the Committee on Journals, reported that the Journal of Friday's session had been examined and found 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 Lindsay of the 34th District asked unanimous consent that Senators having bills and resolutions to introduce be allowed to do so at this time and the 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 requlSlte constitutional majority the following resolution of the Senate, tO-wit:

By Senator Johnson of the 42nd District-
Senate Resolution No. 14. A resolution requesting Senator Russell of Georgia to re-introduce his concurrent

MoNDAY, JANUARY 18, 1937.

607

resolution and work vigorously for the passage of same to the end that discriminatory rates now existing against the South and southern industries be removed.
The following bills of the Senate were introduced, read the first time, and referred to the committees:

By Senator Greer of the 13th District-
Senate Bill No. 32. A bill to establish the State Board of Examiners in the basis sciences underlying the practice of the healing arts, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Senator Jackson of the 14th District-
Senate Bill No. 33. A bill to amend Section 3851 of the Code so as to add a proviso that when the estate shall exceed $200,000.00 in value the restrictions of this section shall not apply to such excess, and for other purposes.
Referred to Committee on General Judiciary No.1.

By Senator Millican of the 35th District-
Senate Bill No. 34. A bill to authorize the Judges of the Superior Court to transfer civil cases to a Municipal Court, and for other purposes.
Referred to Committee on Generaf Judiciary No. 2.

By Senator Millican of the 35th District-
Senate Bill No. 35. A bill to require dance halls, boxing, or wrestling arenas or amusement parks operating in counties over 200,000 population to secure license from County Commissioners.

Referred to Committee on Counties and County Matters.

608

JouRNAL oF THE SENATE,

By Senator Millican of the 35th District-
Senate Bill No. 36. A bill to authorize the State Highway Department to take over the maintenance of streets that form parts of State highways in cities of more than 200,000 population.
I
Referred to Committee on Highways and Public Roads.

By Senator Lindsay of the 34th District-
Senate Bill No. 37. A bill providing for liens for money due physicians, drugless practitioners, dentists, nurses and hospitals for services rendered by the fault or neglect of other persons, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Pruett of the 32nd District-
Senate Bill No. 38. A bill to provide for the place of holding the examination for admission to the Bar of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Millican of the 35th District-
Senate Bill No. 39. A bill to amend an Act approved August 27, 1925, in counties of over 200,000 population by providing of payment into the County Treasury of corporation taxes collected in said counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Pruett of the 32nd District-
Senate Bill No. 40. A bill to provide that no applicant shall be eligible to stand examination for admission to the Bar unless he shall have been a citizen of the State for more than a year prior to the examination, and for other purposes.

MoNDAY, JANUARY 18, 1937.

609

Referred to Committee on General Judiciary No. 1.

By Senator Millican of the 35th District-
Senate Bill No. 41. A bill to provide for a discount not exceeding ten per cent on the sale of tax executions in counties of more than 70,000 population, and for other purposes.
Referred to Committee on Counties and County Matter~.

By Senator Millican of the 35th District-
Senate Bill No. 42. A bill to provide that irregularities and errors shall no.t defeat collection of tax execution in counties of more than 200,000 population, and for other purposes.
Referred to Committee on Counties and County Matters

By Senator Millican of the 35th District-
Senate Bill No. 43. A bill to amend an Act establishing municipal court in Atlanta; to extend the jurisdiction of said court, and for other purposes.
Referred to Committee on Special Judiciary.
The following privilege resolution was read and adopted:

By Senator Burgin of the 24th District-

A resolution extending the privileges of the floor to Hon.

Chas. H. Smith, Jr., of Albany, Ga., and Hon. W. B. Mann

of Ellaville, Ga.



. The following communication from His Excellency, the Governor, was read by the Secretary:

.

610

JouRNAL OF THE SENATE,

Atlanta, Georgia,

January 18, 1937.

HoN. JoHN B. SPIVEY, President and Members of the Senate, State Capitol, Atlanta, Ga.

DEAR MR. PRESIDENT AND SENATORS:
The Sine Die adjournment resolution has been tranSmitted to me and duly approved, as has likewise the resolution calling for the convening of the regular session of the General Assembly for a period of sixty days, beginning January 25, 1937.
I know of no further business in the Executive Office at this time to engage the attention of the General Assembly during the ten-days session.
Respectfully,
E. D. RIVERS,
Governor.
Senator Millican of the 35th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate now stood adjourned.

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JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, January 25, 1987
1937 STEIN PRINTING CO., STATE PRINTERS
ATLANTA. GA.

MoNDAY, JANUARY 25, 1937.

613

SENATE CHAMBER, ATLANTA, GA., MoNDAY, JANUARY 25, 1937.

The Senate met, pursuant to Joint Senate Resolution No. 10, adopted during the ten day organization session, and was called to order by the President.

Prayer was offered by the Chaplain.

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

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt
Forrester Fowler Greer Griner

Hampton

Hardman

Harrison

Holmes

Horne

Jackson

Johnson

Jones

Kimbrough

Knabb

Lindsay

.McCutchen

,,

McKenzie Millican Moye

Neely

Patten Peebles Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Whitehead Williams Mr. President

The following resolutions of the Senate were read and adopted:

By Senator Atkinson of the 1st District-
Senate Resolution No. 15. A resolution instructing the Secretary of the Senate to notify the House of Representatives that the Senate has convened in 1937 regular session, and is ready for the transaction of business.

By Senator Atkinson of the 1st District-
Senate Resolution No. 16. A resolution providing for a committee of five, two from the Senate and three from

614

JouRNAL oF THE SENATE,

the House, to be appointed by the President and Speaker, respectively, to notify the Governor that the General Assembly has convened in 1937 regular session and is ready for the transaction of business.
The President appointed as a committee on the part of the Senate the following: Senators Pope of the 7th District and Forrester of the 44th District.
Senator Burgin of the 24th District, Secretary of the Committee on Journals, reported that the Journal of Monday, January 18, had been examined and found to be correct.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

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

By Mr. Sutton of Wilkes-
House Resolution No. 32. A resolution instructing the Clerk of the House to notify the Senate that the House has convened in accordance with a resoittion adopted providing for the convening of the General Assembly in the regular sixty-day session beginning January 25, 1937, and is now ready for the discharge of business.

By Mr. Sutton of Wilkes-
House Resolution No. 33. Be it resolved by the House, the Senate concurring, that a committee of five, three to be named by the Speaker of the House and two by the President of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is ready for the transaction of business.

MoNDAY, jANUARY 25, 1937.

615

Committee from the House--
Messrs. Fowler of Treutlen; Ennis of Baldwin; Smith of Dodge.
The following resolution of the House was read and adopted:

By Mr. Sutton of Wilkes-
House Resolution No. 33. A resolution providing for the appointment of a committee of five, three from the House and two from the Senate, to be named by the Speaker and President, respectively, to notify the Governor that the General Assembly has convened in regular session and is ready for the transaction of business.
Senator Lindsay of the 34th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Ennis of the 20th District asked unanimous consent that the following bill of the Senate, which was introduced, read first time, and referred to the Committee on General Judiciary No. 1, be withdrawn from the further consideration of the Senate:
By Senator Ennis of the 20th District-
Senate Bill No. 31. A bill to simplify the operations of the Executive branch of the State Government by abolishing certain offices, Boards, Departments, and commissions; and for other purposes.
The consent was granted and Senate Bill No. 31 wa's was withdrawn from further consideration of the Senate.
Senator Atkinson of the 1st District asked unanimous consent that Senators having bills and resolutions to introduce be permitted to do so at this time and the consent was gran ted.

616

JouRNAL OF THE SENATE,

The following privilege resolution was read and adopted:

By Senators Williams of the 5th District and Terrell of the 19th District-
Whereas, Hon. W. J. Peterson, Senator of the 15th
District, is confined to his bed by reason of illness.
Therefore, be it resolved that the Senate express our sincere regret at the illness of our colleague and extend to him our best wishes for a speedy recovery.
Be it further resolved that he be excused from attending the session during his illness.
The following bills were introduced, read the first time, and referred to the committees:

By Senator Shedd of the 3rd District-
Senate Bill No. 44. A bill to create a Department of Conservation and Development and four Sub-divisions thereof; to abolish the Department of Game and Fish, Forestry and Geology; and for other purposes.
Referred to Committee on Conservation.

By Senators Chason of the 8th District and Greer of the 13th District-
Senate Bill No. 45. A bill to amend an Act which revised the Health Laws of the State of Georgia and provided for the appointment of a State Board of Health by providing for a change in the manner of selecting a physician member of County Boards of Health; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Senator Jackson of the 14th District-
Senate Bill No. 46. A bill declaring an emergency concerning the production, distribution and sale of milk,

MoNDAY, JANUARY 25, 1937.

617

creating a Milk Control Board, defining producers, distributors and dealers, providing for the regulation of the price of milk as affecting producers; and for other purposes.
Referred to Committee on Agriculture.

By Senators Flynt of the 26th District, Pope of the 7th District, Allen of the 31st District, Atkinson of the 1st District, Phillips of the 29th District, Purdom of the 36th District, Terrell of the 19th District, Shannon of the 21st District, Lindsay of the 34th District, Millican of the 35th District, and McCutchen of the 43rd District.
Senate Bill No. 47. A bill to create the positions of Chief Justices Emeritus, Associate Justices Emeritus, Chief Judges Emeritus, and Associate Judges Emeritus, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Chason of the 8th District-
Senate Bill No. 48. A bill to amend Code Section No. 95-1606 of the 1933 Code, relating to the duties and powers of the State Highway Board, creating a State Planning Commission; and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Sikes of the 49th District-
Senate Bill No. 49. A bill to regulate the buying and selling of cattle, for making records of sales of them, and for public inspection of the records of such transaction; and for other purposes.
Referred to Committee on Agriculture.

By Senator Johnson of the 42nd DistrictSenate Bill No. 50. A bill to establish a State Board

618

JouRNAL OF THE SENATE,

for the certification of Librarians; to provide for appointment, powers, duties and functions of said Board; and for other purposes.
Referred to Committee on Public Library.

By Senator Pope of the 7th District-

Senate Bill No. 51. A bill to amend Section 20--506 of the Code of 1933 which relates to the enforcement and collection of claims for Attorney's fees; and for other purposes.

Referred to Committee on General Judiciary No. 1.

Senator Atkinson of the 1st District moved that the Senate recess subject to the call of the Chair and the motion prevailed.

The President called the Senate to order.

Senator Millican of the 35th District announced that passes to Loew's Grand Theatre and to the Municipal Parks of the City of Atlanta were on the Secretary's desk and would be distributed to each member.

A communication from His Excellency, the Governor, was received through the Executive Secretary, Hon. Downing Musgrove.

The following part of the Executive communication was read:

HoN. JoHN B. SPIVEY, President, and Members of the Senate, State Capitol, Atlanta, Georgia.

January 18, 1937.

Dear Mr. President and Senators:

The Sine Die adjournment resolution has been trans-

MoNDAY, jANUARY 25, 1937.

619

mitted to me and duly approved, as has likewise the resolution calling for the convening of the regular session of the General Assembly for a period of sixty days, beginning January 25, 1937.
I know of no further business in the Executive Office at this time to engage the attention of the General Assembly during the ten-days session.
Respectfully,
E. D. RIVERS, Governor.
A part of the communication from His Excellency, the Governor, dealing with an affidavit .from Hon. W. B. Harrison, Comptroller-General, was referred to the Executive Session of the Senate upon motion by Senator Lindsay of the 34th District which prevailed.
Senator Atkinson of the 1st District moved that the Senate go into Executive Session and the motion prevailed.
The President ordered the floor and galleries of the Senate cleared.
The following communication was transmitted by the Secretary to His Excellency, the Governor:

HoN. E. D. RivERs, Governor of Georgia, State Capitol, Atlanta, Georgia.

january 25, 1937.

My dear Governor Rivers:
In compliance with the Senate rules governing Executive Sessions I have the honor to inform you the Georgia Senate

620

JouRNAL OF THE SENATE,

in Executive Session today considered collectively a list of executive appointments sent in by you and the same were confirmed by a vote of 47 to 0 as follows:

For member of State Highway Board for a term expiring December 31, 1941; Hon. W. L. Miller, of the county of Lanier.
For member of State Highway Board from the middle district, for a term expiring December 31, 1937; Hon. Jim L. Gillis, of the county of Treutlen.
For Chairman of State Highway Board, for term expiring December 31, 1941; Hon. W. L. Miller, of the county of Lanier.
For Superintendent of Banks, for a term expiring December 31, 1939; Hon. R. E. Gormley, of the county of Randolph.

For Director of the Veterans' Service Office, for a term concurrent w;th that of the Governor; Hon. L. Thomas Gillen, of the county of Turner.
For assistant Attorneys-General for terms continuing at the pleasure of the Governor and the Attorney-General; Hon. W. H. Duckworth, of the county of Grady; Hon. Marshall L. Allison, of the county of Franklin; Hon. Ellis G. Arnall, of the county of Coweta; Hon. W. Glenn Thomas, of the county of Wayne.

For State Entomologist, for a term ending December 31, 1939; Hon. M.S. Yeomans, .of the county of Terrell.

For member of the Board of Regents, State at Large, to serve at the pleasure of the Governor; Hon. Marion Smith, of the county of Fulton.

MoNDAY, jANUARY 25, 1937.

621

For member of the State Revenue Commission, for a term expiring August 14, 1937; Han. J. B. Jones, of the county of Hall.
Very respectfully yours,
]ohn W. Hammond,
Secretary of Georgia Senate.

The President called the Senate to order.
Senator Flynt of the 26th District presented to the Senate at this time Dr. M. L. Brittain, President of Georgia School of Technology, who presented to the President of the Senate a beautiful gavel made from woods used in the construction of the U. S. Battleship, "Old Ironsides", by students of Georgia Tech.
The following privilege resolutions were adopted:

By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Han. Emmit Hall of Treutlen County, and Han. B. A. Conner of Montgomery County.

By Senator Purdom of the 46th District-

A resolution extending the privileges of the floor to Han.

John R. Griffis, Han. John M. Purdom, and Hon. Alvin

Ratliff of Blackshear, Georgia.

,..

By Senator Moye of the 11th District-
A resolution extending the privileges of the floor to Han. R.]. Sanders of_Randolph County.
Senator Pope of the 7th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate now stood
adjourned until 10:00 o'clock tomorrow morning.

622

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, jANUARY 26, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and .was called to order by the President.

Prayer was offered by the Chaplain.

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

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt
Forrester Fowler Greer Griner Hampton

Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie
Millican
Moye Neely

Patten Peebles Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker, Sr. Whitehead Williams

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

Senator Atkinson of the 1st District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.

The Journal was confirmed.

Senator Atkinson of the 1st District asked unammous consent that Senators having bills and resolutions to m-
;;

TuESDAY, JANUARY 26, 1937.

623

traduce be allowed to do so at this time. The 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 reqmstte constitutional majority the following resolutions of the House, to-wit:

By Messrs. Harris of Richmond, Rawlins of Ben Hill, Hill of Screven, Lanier of Richmond, Sutton of Wilkes, Booth of Barrow, and many others-
House Resolution No. 24-141a. A resolution that the action of the Governor in suspending Wm. B. Harrison as Comptroller-General of Georgia is hereby disapproved, and that the said Wm. B. Harrison be and he is hereby restored to said office instanter.

By Messrs. Harris of Richmond, Rawlins of Ben Hill, Hill of Screven, Lanier of Richmond, Sutton of Wilkes, Booth of Barrow, and many others-
House Resolution No. 27-141d. A resolution that the action of the Governor in suspending George B. Hamilton as State Treasurer of Georgia is hereby disapproved, and that the said George B. Hamilton be and he is hereby restored to said office instanter.
The following bills of the Senate were introduced, read the first time, and referred to the committees:

By Senator Neely of the 36th District-
Senate Bill No. 52. A bill to provide for the removal of guardians in counties other than the county in which they are appointed; to allow a trial by a jury in all applications for removal of guardians, and for other purposes.

624

JouRNAL OF THE SENATE,

Referred to Committee on General Judiciary No.2.

By Senator Neely of the 36th District-
Senate Bill No. 53. A bill to provide for a method of trial upon the issue of competency of persons committed to the State Hospital at Milledgeville or any other Institution of this State pursuant to law, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Neely of the 36th District-
Senate Bill No. 54. A bill to prohibit persons, firms or corporations from adjusting, compromising or settling causes of action arising out of torts or contracts where said persons, firms or corporations have no interest in the controversy and are employed by the parties to the controversy to adjust such cause of action, and for other purposes.
Referred to Committee on Insurance.

By Senator Terrell of the 19th District-
Senate Bill No. 55. A bill amending Section 24-1707 of the Code of 1933, by giving to the Clerk of the Superior Court authority to perform all the duties which the ordinary could perform during the vacancy in the office of the Ordinary.
Referred to Committee on General Judiciary No. 1.

By Senator Terrell of the 19th District-
Senate Bill No. 56. A bill amending Section 45-501 of the 1933 Code, by providing for an open season for hook and line fishing the year round, and for other purposes.
Referred to Committee on Conservation.

TUESDAY, jANUARY 26, 1937.

625

By Senator Jackson of the 14th District-
Senate Bill No. 57. A bill to regulate the width of State and Federal Highways in Georgia, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Aultman of the 23rd District-
Senate Bill No. 58. A bill to amend the Highway Mileage Act by adding a road from Fort Valley, the county seat of Peach County, to State Highway No. 11, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Neely of the 36th District-
Senate Bill No. 59. A bill fixing the time within which settlements and compromises may be effected in all causes of action arising out of torts; to render voidable contracts made within sixty days after the date of injury, and for other purposes.
Referred to Committee on Insurance.

By Senator Neely of the 36th District-
Senate Bill No. 60. A bill to provide for the enforcement of lottery laws of this State; to provide for suits against the Sheriffs on their official bond for failure to enforce such laws when the same is brought to his attention, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Senators Atkinson of the 1st District, Purdom of the 46th District, Patten of the 6th District, Pope of the 7th District, Ennis of the 20th District, and Spivey of the 16th District-
Senate Bill No. 61. A bill to simplify operations of the Executive Branch of State Government by abolishing the

626

JouRNAL oF THE SENATE,

Board of Control of Eleemosynary Institutions, by abolishing Board of Public Welfare, etc., transferring functions to the State Department of Public Welfare, and for other purposes.
Referred to Committee on Public Welfare.

By Senator Pruett of the 32nd District-
Senate Bill No. 62. A bill amending Title 101 of the Code of Georgia of 1933, by striking the words "civil officers, both judicial and ministerial," and inserting in lieu thereof the words "of the following: Clerk ofthe Superior Court, Ordinary, Superior Court Library," and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Pruett of the 32nd District-
Senate Bill No. 63. A bill to amend Section 26-2402 of the 1933 Code providing that the punishmell.t for burglary shall be imprisonment in the penitentiary for not less than one year nor more than twenty years by changing the punishment to the penalty of death, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senator Pruett of the 32nd District-
Senate Bill No. 64. A bill to amend Section 26-1603 of the 1933 Code providing the punishment for the offense of kidnapping by changing the penalty from four to twenty years imprisonment to death, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Pruett of the 32nd District-
Senate Bill No. 65. A bill amending Section 24-2502 of the 1933 Code providing that the jury in their verdict

TUESDAY, jANUARY 26, 1937.

627

on the trial of all cases of felony not punishable by life imprisonment shall prescribe a minimum and maximum term by providing that the jury shall pass on only the question of guilt or innocence in the trial of felonies and the judg~ shall fix a minimum and maximum sentence, and for other purposes.
Referred to Committee on General Judiciary No. 2.

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

By Senator McCutchen of the 43rd District-
Senate Resolution No. 17. A resolution proposing to the voters of the State an amendment to the State Constitution, authorizing the City of Dalton to pass and enforce zoning and planning laws for said city, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Pruett of the 32nd District-
Senate Resolution No. 18. A resolution proposing to the voters of Georgia, for ratification or rejection, an amendment to Article VI, Section XV, of the State Constitution, providing that total divorces shall be granted in such manner and under such limitations and restrictions as the General Assembly may by law prescribe.
Referred to Committee on Amendments to the Constitution.
By Senator Atwood of the 2nd District-
Senate Resolution No. 19. A resolution extending the time limit for procuring license for motor vehicles until March 1, 1937.
Referred to Committee on Motor Vehicles.
The following resolution of the Senate was read and adopted:

628

JouRNAL OF THE SENATE,

By Senators Patten of the 6th District and Williams of the 5th District-
Senate Resolution No. 20. A resolution requesting a committee from the House and Senate, to be appointed by the Speaker and President, to investigate the housing needs of the Departments of the State.
The President appointed as a committee on the part of the Senate under Senate Resolution No. 20 the following:
Senators Patten of the 6th District and Griner of the 45th District.
Senator Terrell of the 19th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on General Judiciary No.2:

By Senator Terrell of the 19th District-
Senate Bill No. 55. A bill to amend Section 24-1707 of the Code of 1933 by giving to the Clerk of the Superior Court authority to perform all the duties which the ordinary could perform during the vacancy in the office of the ordinary, and for other purposes.
The consent was granted.
The following resolutions of the House were read and adopted by a unanimous vote of the Senate:

By Messrs. Harris of Richmond, Rawlins of Ben Hill, Hill of Screven, Lanier of Richmond, Sutton of Wilkes, Booth of Barrow, and many others-
House Resolution No. 24-141a. A resolution that the action of the Governor in suspending Wm. B. Harrison as Comptroller General of Georgia is hereby disapproved, and that the said Wm. B. Harrison be and he is hereby restored to said office, instanter.

TuESDAY, jANUARY 26, 1937.

629

By Messrs. Harris of Richmond, Rawlins of Ben Hill, Hill of Screven, Lanier of Richmond, Sutton of Wilkes, Booth of Barrow, and many others-
House Resolution No. 27-14ld. A resolution that the action of the Governor in suspending George B. Hamilton as State Treasurer of Georgia is hereby disapproved, and that the said George B. Hamilton be and he is hereby restored to said office, instanter.
The President announced that the Senate would take a short recess subject to the call of the Ch<~.ir.
The President called the Senate to order.
The following privilege resolution was read and adopted:

By Senator Burgin of the 24th District-

A resolution extending the privileges of the floor to Hon. 0. H. Lewis, a prominent citizen of Buena Vista, during his stay in the city.

Upon a unanimous consent request, the President announced that the Senate stood recessed until 3:00 o'clock this afternoon.

The President called the Senate to order at 3:00 o'clock, P.M.

The following message was received from the House

through Mr. Kingery, the Clerk thereof: Mr. President:



The House has passed by the reqms1te constitutional majority the following bill of the House, ta-wit:

By Messrs. Key of Jasper and Harris of Richmond-
House Bill No. 1. A bill to be entitled an Act to amend Sections 89-901, 89-902 of the Code, by changing the

630

JouRNAL OF THE SENATE,

fiscal year from January 1 through December 31, to July 1 through June 30, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has passed by the reqms1te constitutional majority the following bill and resolution of the House, to-wit:

By Mr. Key of Jasper-
House Bill No. 119. A bill to be entitled an Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for roads, and for the payment of the public debt and the interest thereon, for the halfyear ending June 30, 1937, and for other purposes.

By Mr. Sutton of Wilkes-
House Resolution No. 42. A resolution providing for a joint session of the General Assembly on Wednesday, January 27, 1937, for the pmpose of hearing a message from His Excellency, the Governor.
The following bills of the House were read the first time and referred to the committees:

By Mr. Key of Jasper-
House Bill No. 1. A bill to amend Sections 89-901, 89-902, by changing the fiscal year from January 1 through December 31, to July 1 through June 30, and for other purposes.
Referred to Committee on Appropriations.

TuESDAY, JANUARY 26, 1937.

631

By Mr. Key of Jasper-
House Bill No. 119. A bill to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties fot roads, and for the payment of the public debt and the interest thereon, for the half-year ending June 30, 1937, and for other purposes.
Referred to Committee on Appropriations.
The following resolution of the House was read and adopted:

By Mr. Sutton of Wilkes-
House Resolution No. 42. A resolution providing for a joint session of the General Assembly on Wednesday, January 27, 1937, at 11:00 o'clock, A. M., in the Hall of the House of Representatives, for the purpose of hearing a message from His Excellency, the Governor.
Senator Atkinson of the 1st District asked unanimous consent that reports of Standing Committees be read; bills and resolutions favorably reported by committees be read a second time; and that Senators having bills and resolutions to introduce be allowed to do so at this time. The consent was granted.
Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:

Your Committee on General Judiciary No. 1 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back

632

JouRNAL oF THE SENATE,

to the Senate with the recommendation that the same do pass:
Senate Bill No. 23.
Senate Bill No. 24.
Respectfully submitted, LINDSAY, Chairman.
Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President: Your Committee on Motor Vehicles has had under con-
sideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 29.
Respectfully submitted,
SuTToN, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 28.
Respectfully submitted,

PEEBLES, Chairman.

TuESDAY, jANUARY 26, 1937.

633

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 45.
Respectfully submitted,
CHASON, Chairman.
The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senators Lindsay of the 34th District and Sutton of the 47th District-
Senate Bill No. 23. A bill to repeal an Act creating the office of State Veterinarian, and for other purposes.

By Senators Lindsay of the 34th District and Sutton of the 47th District-
Senate Bill No. 24. A bill establishing the office of State Veterinarian, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 28. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 29. A bill regulating the business of selling second-hand arid used motor vehicles by non-resi-

634

JouRNAL oF THE SENATE,

dents or persons who have no permanent place of business; to provide the registration of such second-hand vehicles when brought into the State of Georgia, and for other purposes.

By Senators Chason of the 8th District and Greer of the 13th District-
Senate Bill No. 45. A bill to amend an Act which revised the Health Laws of the State of Georgia and provided for the appointment of a State Board of Health by providing tor a change in the manner of selecting a physician member of County Boards of Health, and for other purposes.
The following bills of the Senate wete introduced, read the first time, and referred to the committees:

By Senator Harrell of the 12th District-
Senate Bill No. 66. A bill to propose to the qualified voters of Georgia an amendment to Article 6, Section 2 of the Constitution of the State of Georgia, to fix a maximum age limit for, and to promote and retire the aged members of the Supreme Court and Court of Appeals, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Harrell of the 12th District-
Senate Bill No. 67. A bill to add one additional judge of the Superior Court for each of the Atlanta, Brunswick, Chattahoochee, Piedmont, and Stone Mountain Circuits; to prescribe the manner of their appointment, and for other purposes.
Referred to Committee on General Judiciary No.1.

TuESDAY, jANUARY 26, 1937.

635

By Senator Whitehead of the 30th District-
Senate Bill No. 68. A bill providing that it shall be unlawful in this State for any mule or horse trader or dealer to misrepresent the age of any mule or horse or to alter in any way the condition of the mouth or teeth of the mule or horse that is offered for sale, and for other purposes.
Referred to Committee on Agriculture.
Senator Pruett of the 32nd District asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary No. 1; read a second time and recommitted to the Committee on General Judiciary No.2:

By Senator Pruett of the 32nd District-
Senate Bill No. 40. A bill to provide that no applicant shall be eligible to stand examination for admission to the Bar unless he shall have been a citizen of the State for more than a year prior to the examination, and for other purposes.
The consent was granted and the bill was read a second time and recommitted to the Committee on General Judiciary No.2.
The following privilege resolution was read and adopted:

By Senators Burgin of the 24th District, Allen of the 31st District, and Terrell of the 19th District-
A resolution extending the privileges of the floor to Hon. and Mrs. Fred A. Stowe of Stephens County.
Senator Atkinson of the 1st District moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until10:00 o'clock tomorrow morning.

636

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JANUARY 27, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Pope of the 7th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Lindsay of the 34th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of bu.siness during the first part of the period of unanimous consents of today:
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. First reading and reference of House bills.
5. Putting on their passage general Senate bills and resolutions ready for third reading.
The consent was granted.

WEDNESDAY, JANUARY ~7, 1937.

637

Senator Atkinson of the 1st District asked unanimous consent that the following bills of the House be withdrawn from the Committee on Appropriations, read the second time, and recommitted to the same committee:

By Mr. Key of Jasper-
House Bill No. 1. A bill to amend Section 89-901, 89902, by changing the fiscal year from January 1 through December 31, to July 1 through June 30; and for other purposes.

By Mr. Key of Jasper-
House Bill No. 119. A bill to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for the aid of the University System and to the common schools of the State, for aid to the counties for roads, and for the payment of the public debt and the interest thereon, for the half-year ending June 30, 1937; and for other purposes.
The consent was granted, the bills given a second reading and recommitted to the Committee on Appropriations.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted by the reqmstte constitutional majority the following resolution of the House, to-wit:

By Mr. Sutton of Wilkes-
House Resolution No. 43. Be it resolved by the House, the Senate concurring that a committee of five, three to be designated by the Speaker of the House and two by the President of the Senate, be appointed to escort the Governor and his party to ~he Hall of the House of Representatives for his message to the joint session at 11:00 o'clock today.

638

JouRNAL OF THE SENATE,

The Speaker has appointed on the part of the House the following:
Messrs. Pound of Hancock, Groover of Troup and Smith of Dodge.
The following bills of the Senate were introduced, read the first time, and referred to the committees:

By Senator Pruett of the 32nd District-

Senate Bill No. 69. A bill to provide a rule to be followed by the Prison Commission in reference to paroles, pardons and clemency, and for other purposes.

Referred to Committee on Penitentiary.

By Senator Pruett of the 32nd District-
Senate Bill No. 70. A bill amending Code Section 78-204 of the 1933 Code defining widows of veterans who are entitled to pensions in Georgia by amending Section so that widows whn were married to such husbands prior to the first day ofJanuary, 1898, shall be entitled to a pension, and for other purposes.
Referred to Committee on Pensions.
Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President: Your Committee on Motor Vehicles has had under
consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 19. Respectfully submitted, SuTToN, Chairman.

WEDNESDAY, jANUARY 27, 1937.

639

Senator Jackson of the 14th District, Chairman of the Committee on Counti.es and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 35.
Respectfully submitted,
JAcKSON, Chairman.

Senator Harrison of the 17th District, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. President: Your Committee on Public Welfare has had under con-
sideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 61. Respectfully submitted, HARRISON, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President: Your Committee on General Judiciary NQ. 2 has had
under consideration the following bills of the Senate and

640

JouRNAL OF THE SENATE,

has instructed me, as chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 6 do pass. Senate Bill No. 7 do pass. Senate Bill No. 8 do pass, as amended. Senate Bill No. 11 do pass. Senate Bill No. 12 do pass. Senate Bill No. 13 do pass. Senate Bill No. 17 do pass. Senate Bill No. 30 do pass. Senate Bill No. 34 do pass. Senate Bill No. 38 do pass. Senate Bill No. 40 do pass.
Respectfully submitted, SHANNON, Chairman.

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

By Senator Atwood of the 2nd District-
Senate Resolution No. 19. A resolution extending the time limit for procuring license for motor vehicles until March 1, 1937.
The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senators Williams of the 5th District, Atkinson of th~ . 1st District, Spivey of the 16th District, Purdom of . the 46th District and Almand of the 50th District-'-

WEDNESDAY, jANUARY 27, 1937.

641

Senate Bill No. 6. A bill to amend Sections 65-203, 65-204, 65-207, 65-213 and 65-214 of the 1933 Code, relative to non-profit cooperative marketing associations under the Act of 1921, so as to require petitions for articles of incorporation of such associations to state the names and addresses of the proposed directors for the first term and until the election of their successors; and for other purposes.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 7. A bill to amend Section 37-607 of the 1933 Code relating to the construction and manner of exercise of powers of sale in deeds, mortgages and other instruments; and for other purposes.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 8. A bill amending Section 31-110 of the 1933 Code providing that dower shall he barred by a sale by an administrator or executor under authority of a competent court or a power in a will prior to application for dower; and for other purposes.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-

Senate Bill No. 1L A hill providing for the filing,

recordation and indexing of plats, blue print, tracing,

photostatic or other copy of plat of real estate, and for

other purposes.



By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District and, Almand of the 50th District-

642

JouRNAL OF THE SENATE,

Senate Bill No. 12. A hill providing that any person who has been or may he discharged from the Milledgeville State Hospital he prima facie presumed to he of sound mind and mental capacity; and for other purposes.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 13. A hill regulating the assignment of policies of incorporated mutual or cooperative fire insurance companies and for other purposes.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 17. A hill to limit to five years the effect of filing for record any mortgage, hill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in personal property, and for other purposes.

By Senators Aultman of the 23rd District, Forrester of the 44th District, and Holmes of the 22nd District-
Senate Bill No. 30. A hill to amend Section 92-8201 of the Code of 1933 to provide that counties shall not he required to pay the proportionate part of taxes due the State on tax execution sales.

By Senator Millican of the 35th DistrictSenate Bill No. 34. A hill to authorize the judges of the
Superior Cour,ts of Georgia to transfer civil cases to a municipal court, and for other purposes.
By Senator Millican of the 35th DistrictSenate Bill No. 35. A hill to require dance halls, boxing
or amusement parks operating in counties over 200,000

WEDNESDAY, jANUARY 27, 1937.

643

population to secure license from county commtsstoners, and for other purposes.

By Senator Pruett of the 32nd District-
Senate Bill No. 38. A bill to provide for the place of holding the examination for admission of the Georgia Bar, and for other purposes.

By Senators Patten of the 6th District, Atkinson of the 1st District, Pope of the 7th District, Ennis of the 20th District, Spivey of the 16th District, and Purdom of the 46th District-
Senate Bill No. 61. A bill simplifying operation of the Executive Branch of State Government by abolishing the Board of Control of Eleemosynary Institutions, the Board of Public Welfare, etc., and transferring functions to the State Department of Public Welfare, and for other purposes.

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

Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

By Messrs. Bennett of Ware and Coleman of Lowndes-
House Resolution No. 41. A resolution providing for the appointment of a joint committee on the part of the House and Senate to make an investigation of the housing needs of the Departments of State located in Atlanta, and for other purposes.

The following resolution of the House was read and adopted:

644

JoURNAL OF THE SENATE,

By Mr. Sutton of Wilkes-
House Resolution No. 43. A resolution providing that a committee of five, three from the House and two from the Senate, be appointed by the Speaker and President, respectively, to escort the Governor and his party to the Hall of the House of Representatives for his message to the joint session of the General Assembly.

The President appointed as a committee on the part of the Senate the following: Senator Clements of the 9th District and Senator Fowler of the 39th District.

The following resolution of the House was read and adopted:

By Messrs. Bennett of Ware and Coleman of Lowndes-
House Resolution No. 41. A resolution providing for the appointment of a joint committee on the part of the House and Senate to make an investigation of the housing needs of the Departments of State located in Atlanta, and for other purposes.
The following bills of the Senate were read the third time and put upon their passage:

By Senators Lindsay of the 34th District and Sutton of the 42nd District-
Senate Bill No. 23. A bill to repeal an Act entitled "An Act to repeal Section 62-901 of the Code of Georgia of 1933, creating the office of State Veterinarian, and Section 62-903 of the Code of Georgia 1933, providing for his salary and expenses", and for other purposes.
The report of the committee, which was favorable to the passage of the bill, wa~ agreed to.
' . On the passage of the bill, the ayes were 41, the nays 0.

WEDNESDAY, jANUARY 27, 1937.

645

The bill having received the requisite constitutional majority was passed.

By Senators Lindsay of the 34th District and Sutton of the 47th District-
Senate Bill No. 24. A bill to establish the office of State Veterinarian, to provide for the appointment of a State Veterinarian, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, the nays O.
The bill having received the requisite constitutional majority was passed.

By Senator Millican of the 35th District-
Senate Bill No. 28. A bill to amend an Act establishing a new charter for the city of Atlanta by repealing Sections 427 and 429 of the Atlanta Code Supplement of 1936, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ~yes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.
The Senate took a short recess.
The Senate was called to order at 10:50 o'clock, A. M. and proceeded to the Hall of the House of Representatives.
The .joint session called for the purpose of hearing a message from His Excellency, the Governor, was called to order by the Honorable John B. Spivey, President of the Senate, at 11:00 o'clock, A.M.

646

JouRNAL oF THE SENATE,

The Honorable John W. Hammond, Secretary of the Senate, read House Resolution No. 42, a joint resolution providing for the joint session to hear a message from His Excellency, the Governor.

The Honorable E. D. Rivers, Governor, escorted by the joint committee of the Senate and House, accompanied by members of his family and distinguished guests, entered the hall and occupied seats reserved for them, the Governor being seated on the Speaker's dias.

President Spivey presented to the General Assembly,

His Excellency, the Governor, who, in turn, introduced Honorable Basil O'Conner of New York, a former law

partner of President Franklin D. Roosevelt, who spoke

briefly to the joint session.



The Governor then delivered his message, which was as follows, to-wit:

MR. PRESIDENT, MR. SPEAKER,

LADIES AND GENTLEMEN oF THE AssEMBLY:
I
On this my initial appearance before this sovereign body of the peoples' representatives in joint session, I wish at the outset to congratulate you upon the dispatch and intelligence with which you have gone about carrying out the mendate of the people expressed in the last election. The harmony and efficiency with which you organized, the caliber of men you elected to head your bodies and the business-like manner in which you have carried on your deliberations have been the source of pride to the people of this state and have caused wide-spread favorable comment in the press, in forums and in private conversation, the like of which has never been enjoyed by the General Assembly heretofore in this state. I congratulate you, but most of all I congratulate the people of Georgia upon the personnel and

WEDNESDAY, jANUARY 27, 1937.

647

patriotism of this General Assembly. For the first time in the history of Georgia the presiding officers of the House and Senate announced their committees the first day of the session. For the first time in the history of the state the members of the assembly met in pre-session legislative conferences at their own expense, made visitations to investigate the deplorable conditions existing at Milledgeville, and otherwise have gone about your duties with a seriousness of purpose and effectiveness of action, which the people of Georgia can ask all future General Assemblies to look to as an example for emulation. I hope, and I predict, that the remainder of the session will witness the same harmony, the same patriotism, the same ability and the same effectiveness of accomplishment that has marked the opening days of your session. You can never know, unless you have the opportunity to serve as Governor under similar circumstances, how much pride and pleasure it is to be Governor in co-operation with such a wonderful General Assembly. From the bottom of my heart, and with all the sincerity of my soul, I pledge you my utmost effort towards measuring up in the executive department to the fine service you are rendering in the legislative department.

The purpose of messages from the Governor to the General Assembly is two-fold; to give the Assembly information of the state of the commonwealth and recommend to their consideration such measures as he may deem necessary or expedient.

It is impossible for me in these early days of the administration-yours and mine-to give you any accurate or intelligently comprehensive information about the true state of the republic. As you know, the operation of the state government by the administration immediately preceding ours was such a departure from constitutional government, was such a violation of the prided precedence of legal procedure, made sacred by our fathers, was such a secretive and confused co-mingling of governmental agencies

648

JoURNAL OF THE SENATE,

and funds that anything lik~ 3:n exact status of the affairs of this state government and its varioqs departments cannot be determined for some time to come. As facts and information are acquired, they will be promptly and fully submitted to you for your information, consideration and direction.

I have already submitted to you in a special communication the deplorable condition in which the last administration left the department of Agriculture. I have likewise submitted to you the status of the accounts of the Director of the Service Bureau under the last administration while acting for the state in the collection of delinquent taxes. I have every reason to believe that similar situations exist in other departments and institutions of the state government. For instance-! am informed that the last administration has left the State Sanitarium in Milledgeville in debt more than $300,000.00. I am informed that the last administration has left the highway department in debt more than $3,000,000.00. I am informed that funds have been kited from one department to another in utter disregard of the law. As details are discovered the facts will be promptly reported.

AN ACCOUNTING
The people of the state had sensed this condition of affairs and by their vote in the last election gave a mandate to this administration-both at the polls and in the platform of the Democratic party-to give to the people an accounting of the true status of the affairs of the past administration.

Such an accounting should properly be had at the hands of the people's representatives. I recommend that the General Assembly take steps to ascertain all facts the people desire in this connection. I recognize full well the difficulties which those who designed ~nd executed the nefarious and

WEDNESDAY, jANUARY 27, 1937.

649

illegal operation of the state government in the last administration have handicapped you in acquiring these facts. I realize the constant harrassing the enemies of good government will employ in their effort to prevent such an accounting. I realize the political capital these enemies of good government will seek to make of such an accounting. Despite this, however, we must do our duty. Future generations must know that in 1937 the Assembly of Georgia had the courage and intelligence to force an accounting of the twentieth century military and carpet-bagger regime, just as our fathers did to force an accounting of the nineteenth century military and carpet-bagger regime.

Government gangsters must be taught that they cannot run amuck, they must be pursued and punished with as great-yes, even greater, diligence as gangsters of the underworld. Just as faithful peace officers risk their lives in protecting society from private gangsters we must be willing to risk our political lives, if need be, to protect our government from political gangsters.

Let me urge, however, that the accounting exacted be

fair and impartial. Let me urge that it be economical but

thorough. Let no extravagance exist on the part of we who

exact the accounting lest we be justly-to the extent of

such extravagance-placed in a similar category with the

administration of whose conduct we complain. Not one

penny more should be spent by the General Assembly in

forcing a fair and thorough accounting than is absolutely

necessary. No fabulous figures should be indulged in,

regardless of the reasons making mandatory the accounting.

I am placing myself, unconditionally and.-wholeheartedly,

with the General Assembly in forcing a full, complete,

thorough and impartial accounting of the .last administra-

tion and at the same time just as emphati~ally insisting

that such an accounting be had at the lowest possible cost

to the people of the state.

:

'

650

JOURNAL OF THE SENATE,

STATE INSURANCE
The last administration, disregarding the law, refused to insure the property of the state. However, in the closing days of that administration it evidently could not resist the urge to quaff to the dregs the last dollar available for spoils. So reversing its previous position of the state carrying its own insurance, it hurriedly placed insurance on the state property with private companies in such manner that most of the commissions went to its pampered pets. In this last minute rush to salvage its spoils, the last administration made no attempt to revise the schedule of properties for accurate, economical and legal coverage. Therefore, exercising a standard-policy right, I have caused this insurance to be cancelled without cost of a single penny to the state tor the period the insurance has run. While I have not received advice from all of the companies involved, many have returned the premium in full to the state to date, and I have every reason to expect that all companies involved will make a complete reimbursement and respect the right of the state to make this cancellation.

Meanwhile I have set up a committee to conduct a survey of the property of the state, without expense or obligation in any way whatsoever, so that we may have an up-ta-date schedule of the separate properties of the state to be covered by this insurance when relet. This schedule of the property of the state will be bound in book form in such manner as to be available to any citizen to know exactly the location, description and approximate value of all property owned by the state and the coverage of this property.

Should the General Assembly see proper to let the law stand as it now is, I expect to carry out the provisions of the law and effectively cover the property as prescribed by law. In placing this coverage, I expect to give all insurance agencies in Georgia not aligned wi.th the previous maladministration, as near a ratable portion of the insurance

WEDNESDAY, JANUARY 27, 1937.

651

as can be determined. Meanwhile, the property is covered by a thirty-days binder clause, which period, I think, will be sufficient to complete this survey.

STRONG LEGISLATIVE BRANCH
The reason the last administration was able to set up and continue a high handed and illegal rule by force, was because the General Assembly was unable to meet of its own accord and call a halt. With this bitter experience, we should guard against any such future mal-administration. To this end, I recommend that the Assembly submit a constitutional amendment giving the General Assembly the right to convene itself in emergencies without the call of the Governor. No other branch or department of the government is so handicapped in performing its functions;. certainly the representatives of the people should not be prohibited from meeting in emergencies and functioning for the people. Thomas Jefferson has been rather freely quoted and misquoted, but I think he did say that the ideal situation under our form of government was for the people's representatives to be in session all the time. To my mind, he was emphasizing the importance of the Legislative branch of the Government. I believe in a strong legislative branch of the government, able to function, if necessary, independent of the other branches, and I urge you to enact all legislation essential to this end. I further recommend that you revise the law to prevent the Governor from removing elected officials without a hearing. In the light of recent experience, the clemency powers of the Governor should also be curbed.

In this message, I desire to make recommendations specifically with reference to carrying out the mandate of the people and of the Democratic Party to help the young and the old.

The young, through education.

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The old through old age pensions. - Since old age pensions involve a portion of the social security programs, I wish to cover the whole field of social security in this connection.

EDUCATION
To an assembly as alert to the needs of adequate educational facilities for the children of Georgia as this General Assembly has proved itself to be, it is not necessary to indulge in preliminary reasons for the enactment of necessary legislation to give every white child in Georgia adequate opportunity to receive an education. I will, therefore, point immediately to these recommendations:
Seven Months' School Term
The last General Assembly passed a provision for the state to furnish enough funds to the local subdivision to run the public schools a minimum of seven months, with a Jpinimum teacher's salary schedule. This bill was vetoed by the last chief executive. I recommend that legislation be passed by this Assembly whereby the state will contribute sufficient funds to the local subdivisions to operate the public schools a minimum term of seven months; that in enacting this legislation, the equalization, vocational education and the other specific supplementary funds not be molested. The effect of this bill on the financing program of the schools will be to lift the local tax burden to the ex- . tent of approximately $5,000.000, as well as guarantee a minimum of seven months' term to the white children of this state and a minimum reasonable salary schedule to the teachers. While this legislation will cost the state approximately $5,000,000 more in the support of the schools, it will likewise lift an equal amount from the local tax burdens that bear so heavily upon the people, especially in the rural and sparsely settled areas of our state. I will go a long

WEDNESDAY, jANUARY 27, 1937.

653

way towards equalizing the burden of the support of the schools, as well as equalizing the rate of taxation necessary for. the support of the schools.

Free School Books
The last session of the General Assembly passed legislation authorizing the furnishing by the state, of school books, free to the children in the public schools of the state. This legislation was vetoed by the last chief executive. I recommend that the General Assembly pass necessary legislation to authorize the State Board of Education to furnish school books free to the children through the high schools. The reason for authorizing the furnishing of free school books to the children of the schools is so obvious that I will not burden you with the details of it.

Legislation in this behalf should be of sufficient latitude to enable the State Board of Education to compel a reduction in the cost of school books in Georgia-both in individual text and in aggregate amounts. It should be of sufficient latitude to enable the State Board of Education to disentangle itself from the octopus-like clutches of the school-hook trust. It should be of sufficient latitude to enable the foundation for a long-range program, looking to the encouraging of Georgia authorship and Georgia publication of such text books as it is practical for us to furnish our children.

Other School Legislation
The Georgia Educational Association and the State Department of Education, through legislative committees, have other items of school legislation: (Such as reorganization of the State Board of Education and amendments to the school laws) which they feel are of importance to the successful operation of both the seven months' term and the free school book provisions, as well as the other functions. of our educational system.

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JoURNAL OF THE SENATE,

I recommend that this legislation, sponsored by these school leaders, be enacted by the Assembly and that we immediately offer full and wholehearted cooperation to the educational leaders of our state in perfecting our laws to meet their views, based upon established experience in our own and other states similarly situated.

OLD AGE PENSIONS
The reasons for old age pensions are so obvious and have been so fully discussed that I shall not burden you by prefacing my recommendations with a preliminary statement in th:ot connection. We cannot, in my opinion, have a satisfactory system of old age pensions in Georgia without an amendment to our state constitution. To await the General Election of 1928 to vote such an amendment would not only deprive us of federal benefits as a state, but would be a disappointment to these old people who of all our people are least able to bear the shock of disappointment. Leading legal thought in the Georgia Bar, which we have had an opportunity to consult, advise that the General Assembly can by statute fix a general election date for the odd years that will enable the submission to the people of a constitutional amendment, authorizing old age pensions as early as June of this year.
Legislation along this line has been prepared and I recommend that. the General Assembly enact this legislation-both in setting up a general election date for the odd years and a constitutional amendment to be submitted at such a general election, to be held not later than June, 1937.
I recommend that the amendment authorizing old age pensions be of sufficient latitude to enable the subdivisions to participate in both maintaining and administering old age pensions.

WEDNESDAY, jANUARY 27, 1937.

655

I further recommend that sufficient latitude be given to enable the state and its subdivisions to participate in all features of the federal benefits, available, to us under the other features of the social security program of the national government, so that we may avail ourselves, in the discretion of the General Assembly, from time to time, of such benefits as the General Assembly may see proper.

Temporary Pension Setup
The General Assembly of 1935 sought to enact legislation to take advantage of the temporary pensions for our old people, pending the vote of a constitutional amendment. We were thwarted in that effort and lost our allotment of federal funds in this connection. There is still the opportunity to get a further allotment that will provide a partial pension to a portion of our old people pending the vote on the constitutional amendment this year. While this temporary pension will not be a satisfactory pension coverage for our people, it will help as far as it goes.

I, therefore, recommend that legislation, be passed enabling us to take advantage of such temporary funds as we may be able to get allotted to us by the Federal Government upon the passage of this legislation.
I realize the handicaps in setting up an administration of a temporary pension plan for so short a time as from now until July 1st. Nevertheless, it is the purpose of this administration to go to the utmost lengths in securing as much of this temporary money as possible and to utilize the temporary setup in paving the way for a permament setup.

Many of the best legal minds in Georgia are of the opinion that we will be able to sustain a permanent pension setup without a constitutional amendment. While my opinion is at variance with this view, I want to exercise every

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JouRNAL oF THE S_ENATE,

diligence to secure a permanent pensi~n setup at the earliest possible date. Therefore, I recommend that legislation, which this school of legal thought in our state thinks adequate to enable a permanent setup without a constitutiomil amendment, be enacted into law, so that in the event we can secure the approval of a permanent pension plan by the National Social Security Board, based on such legislation, without a constitutional amendment, we may forthwith endeavor to do so. Since the early approval of a permanent plan means millions of dollars of federal money brought into our state, as well as the relief of human suffering among our aged people, I feel we should undertake this plan in addition to the temporary plan, and then submit and vote on a constitutional amendment at the earliest date possible, as I have heretofore suggested, to make doubly sure a complete and legal permanent old age pension system for our people.

This administration will leave no stone unturned and will spare no effort to secure old age pensions for our people. While I realize the huge task of setting up a system of old age pensions in Georgia, and while I am fully aware of the fact that it will take time to perfect and adjust such a system to our needs, and while I know that we will have to amend our old age pension provisions and setup from time to time based on actual experience, let us permit no delay in making the start. Any pension, to anybody, in any amount, beats no pension at all. So, I urge you to pass this legislation promptly so that we may begin immediately.

In view of the peculiar situation in Georgia, in the South, which I need not detail to mind as understanding of it as yours, I recommend that legislation with reference to old age pensions be based on individual needs.

The cost of old age pensions cannot be estimated with any degree of accuracy when based on individual need. Actual experience by establishing through an administra-

WEDNESDAY, jANUARY 27, 1937.

657

tion an aggregate of individual needs is the only way this

amount can be determined. We need in no event be timid

in later appropriating whatever amount may be necessary

to furnish adequate pensions in keeping with the maximum

of the social security law because for every dollar we spend

for old age pensions there comes into Georgia an additional

dollar from the federal government, which would other-

wise be lost to Georgia. And for the further reason that

the appropriating of money for old age pensions will in no

event be levying an additional charge upon the people of

Georgia. Someone is already, in some manner, having to

care for our aged needy. In too many instances these

needs are being supplied through embarrassing public or

private charity and under almost intolerable circumstances.

The appropriating of adequate funds for old age pensions

not only brings in a corresponding amount of new money

to turn into the channel df trade in' Georgia, but is a sys-

tematic and honorable and dignified manner of meeting a

charge that already exists on society in this state. So that,

while old age pensions on its face will require the levying

of additional taxes by the state, such taxes so paid will

relieve a corresponding amount that is now being paid in

some other manner for this same purpose. It will indeed

doubly relieve this corresponding amount in that the federal

government will pay one half of the total bill that is now

being borne wholly-though haphazardly-by the people

of Georgia.



OTHER SOCIAL SECURITY
In'addition to old age pensions, we have an opportunity to secure federal benefits for our dependent children, our crippled children, our blind, our sick and other unfortunates. The. maintenanee of these unfortunates is already an existing charge against society in this state. Whatever fund we receive from the federal government for this activity will decrease to that extent that the existing charge against our people in this connection. And, while it will be necessary

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JouRNAL oF THE SENATE,

to levy taxes to secure funds for the state to carry on this activity, such taxes will merely be a transfer of the charge from public and private charity to the state government. And such charge will indeed be lightened to the extent of the federal funds secured in this manner. So that I urge that you not be timid in undertaking the full social security program. I recommend that legislation necessary to take advantage of every feature of social security be enacted promptly by the Assembly. I recommend that sufficient latitude be given in this legislation to enable the opening of every avenue possible for securing these benefits. May I not emphasize again that whatever tax is levied for social security, is not a new burden on the people of Georgia. It is merely a systematic distribution of the burden that already exists against our people.

SOCIAL SECURITY ADMINISTRATION
The administration of social security should, in my opinion, properly be locl.ged in the Department of Public Welfare. Having an existing department that can appropriately administer social security, I recommend that no new department be created for this purpose. In view of the fact that various of our eleemosynary activities can be augmented by the social security program, it is proper, in my opinion, that the administration of these eleemosynary institutions be lodged in the same department that administers the social security program.

Taking into further consideration the fact that lodging of such administration in the department of Public Welfare would enable the abolition of the Board of Control and elimination of the expense of maintaining the Board of Control, I recommend legislation to accomplish this end.

In this connection, I recommend that the Department of Public Welfare be given sufficient latitude to enable it to coordinate the administration of the various eleemosynary

WEDNESDAY, jANUARY 27, 1937.

659

institutions with other departments of the state government peculiarly fitted to administer, wholly or partially, any given institution. For example: At least a partif not all-of the administration of the state sanitorium at Alto can, in my opinion, best be handled by the Department of Health, and so on with the various institutions and other departments of the governement. Therefore, latitude should be given to the transfer of the eleemosynary institutions to the department of Public Welfare, so that the department of Public Welfare can cooperate with and delegate to any other appropriate department of the government the whole or a part of the administrative activities of these various eleemosynary institutions. It may later, based on our experience, be proper to transfer entirely some of these institutions, including especially the Sanitorium at Alto, the Sanitarium at Milledgeville and the institution at Gracewood, directly to the State Board of Health. Nevertheless, it will probably be better at this time to let the whole activity of the Board of Control be transferred to the Department of Public Welfare and then with the latitude, as I have recommended, based on the experience of that operation, determine whether a full and complete transfer of administration elsewhere should be made.

In giving the Department of Public Welfare authority to administer old age pensions and other forms of social security, as well as the eleemosynary institutions, it will, of course, be necessary to revise the laws with reference to the Department of Public Welfare. I recommend that this revision be made immediately. The. federal government, in some instances, furnishes the total amount of . administrative cost of this activity by the Department of Public Welfare, and in some instances furnishes a part of the administrative costs. So ~hat, while the Department
of Public Welfare will of necessity be somewhat expanded
in its activities, by reason of these recommendations, the expense of such expansion will be largely, and probably almost completely, borne by the federal government. It

660

JouRNAL oF THE SENATE,

will be the purpose of this administration, when so authorized by a revision of the law as recommended, to secure to the utmost all possible administrative costs available from the federal government.

There are certain personnel qualification requirements in the administration of various forms of social security. This administration has already arranged for the federal government to bear the expense of immediately training Georgia girls for these specialized places, without cost to our state. This course of training can be completed, as I am informed, with a period of ninety days. Promptness in passage of this social security legislation will enable an immediate start of this training, so that by the time we start our permanent pension setup, we will have Georgians trained to administer practically its entire functioning. This, in my judgment, is of major importance to the successful and satisfactory administration of social security in this state.

LABOR DEPARTMENT
There are certain forms of social security and auxiliary benefits of the federal government that can best be handled by a department of labor. For example: Unemployment insurance and reemployment activities. We are now losing millions of dollars each year of unemployment insurance tax that we will continue to lose until we set up adequate administrative machinery. The present department of Industrial Relations can be revised so as to embody an adequate Labor Department to take care of these necessary administrative functions, without the necessity of creating a new department of the government to handle it. I recommend that legislation to this end be passed promptly. The administrative costs in this connection, as in the case of the various other forms of social security, is borne in many instances entirely by the federal government, so that, while a revision of the law in this respect

WEDNESDAY, }ANUARY 27, 1937.

661

will somewhat expand the activities of this department, this cost will in most part-and probably almost entirelybe borne by the federal government.

While revising the law in this connection, I recommend a revision in our compensation law be made to give more complete coverage and more substantial benefits to our working people.

I urge the immediate consideration of these measures for education and social security as being most pressing. With your permission, at either a later date this week or Monday of next week, I will submit a further message with reference to Rural-Post-Roads and some of the other features of the Macon platform. I will, with your permission, later in the session submit a special message on taxation. I have every confidence that the General Assembly will be able to raise adequate revenue to finance the program we have been commissioned by the people and by the Democratic party to enact into law without placing an undue burden upon the people. Indeed such taxation will merely be an adequate and systematic manner of meeting a charge already borne haphazardly and inequitably by our people privately.

The people of Georgia are not satisfied with conditions as they now exist. We are not satisfied with these conditions. They have had confidence that we have the courage and ability to change these conditions.

It is within our power to either give the people this program or withhold it from them. I hope, and predict, that you will give our people these benefits without delay.

May the guidance of an all-wise Creator direct you in your deliberations to this end.

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JouRNAL oF THE SENATE,

Mr. Sutton of Wilkes moved that the joint sessiOn be dissolved and the motion prevailed.

The Senate returned to the Senate Chamber and was called to order by the President.

Senator Chason of the 8th District asked unanimous consent that he be permitted to introduce a bill and the consent was granted.

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

By Senators Chason of the 8th District and Purdom of the 46th District-
Senate Bill No. 71. A bill amending Section 88-105 of the 1933 Code, as to salary of the Director of the Department of Public Health and expiration of the term of the incumbent; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

The following privilege resolutions were read and adopted:

By Senators Sammons of the 51st District and Allen of the 31st District-
A resolution extending the privileges of the floor to fl"on. H. H. Carithers and Hon. J. J. Baggett, former mempers of the Senate.

By Senator McCutchen of the 43rd District-
A resolution extending the privileges of the floor to Hon. James H. Paschall of Calhoun, Georgia, Solicitor of the Cherokee Judicial Circuit.

WEDNESDAY, JANUARY 27, 1937.

663

By Senator Phillips of the 29th District----:
A resolution extending the privileges of the floor to Hon. W. C. Clary, Jr., and Hon. L. I. Prather of Columbia County.

By Senators Jones of the 38th District and Pruett of the 32nd District-
A resolution extending the privileges of the floor to Hon. S. W. Ragsdale of Paulding County.

By Senators Atkinson of the 1st District and Spivey of the 16th District-
A resolution extending the privileges of the floor to Hon. R. N. Hardeman, Judge of Superior Court, Hon. Geo. Fetzer, former member of the Senate, and Hon. Clifford Walker, former Governor of Georgia.

Senator Pope of the 7th District moved that the Senate do now adjourn. The motion prevailed.
The President announced tha.t the Senate stood adjourned until tomorrow morning at 10:00 o'clock, A. M.

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JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, JANUARY 28, 1937.
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 Rev. W. W. Webb of Hahira, Georgia, President of the Old Age Pension clubs of Georgia.
Senator Lindsay of the 34th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Pope of the 7th District asked unaminous consent that the reading of the Journal be dispensed with and the consent was granted;
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business during the first part of the period of unanimous consents of today:
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. First reading and reference of House bills. 5. Putting on their passage general House and Senate bills and resolutions ready for third reading.

THURSDAY, jANUARY 28, 1937.

665

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 reqms1te constitutional majority the following bills of the House, to-wit:

By Mr. Culpepper of Fayette-
House Bill No.4. A bill to be entitled an Act to regulate procedure in the superior courts; to prescribe rules for excepting to the charge of the court or the failure to charge; to provide for granting new trials on account of erroneous charges to the jury; and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 33. A bill to be entitled and Act to propose a Constitutional Amendment to authorize Richmond County to make temporary loans; and for other purposes.
The following resolutions of the Senate were introduced, read the first time, and referred to committees:

By Senator Johnson of the 42nd District-
Senate Resolution No. 21. A resolution proposing to the voters of Georgia for ratification or rejection an amendment to Article 3, Section 7, Paragraph 12 of the Constitution of Georgia, providing that no bill appropriating money shall become a law unless passed during first thirty days of the regular session, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senator Pruett of the 32nd District-
Senate Resolution No. 22. A resolution extending the

666

JOURNAL OF THE SENATE,

time for purchasing automobile license tags for 1937 until March 1, 1937, and for other purposes.
Referred to Committee on Motor Vehicles.

By Senator Terrell of the 19th District-
Senate Resolution No. 23. A resolution proposing to the voters of Georgia an amendment to Article 5, Section 1, Paragraph 12 of the Constitution of Georgia, which creates a Board of Pardons, and for other purposes.
Referred to Committee on Amendments to the Constitution.

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

By Senator Lindsay of the 34th District-
Senate Bill No. 72. A bill protecting trade-mark owners, producers, distributors and the public against injurious practices in the distribution of competitive commodities bearing a distinguishing trade-mark, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Harrell of the 12th District-
Senate Bill No. 73. A bill to amend Section 2 of Article 6 of the Georgia Constitution so as to provide that the Supreme Court shall consist of a Chief Justice and Six Associate Justices, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Chason of the 8th DistrictSenate Bill No. 74. A bill establishing a State Planning

THURSDAY, jANUARY 28, 1937.

667

Board for the study of matters relating to the physical, social and economic development of resources of Georgia, and for other purposes.
Referred to Committee on State of the Republic.

By Senator Millican of the 35th District-
Senate Bill No. 75. A bill authorizing the Insurance Commissioner to appoint certain investigators for the activities and business of insurance companies doing business in Georgia, and for other purposes.
Referred to Committee on Insurance.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 64.
Senate Bill No. 33.
Senate Bill No. 51.
Senate Bill No. 3.
Senate Bill No. 62.

Respectfully submitted, LINDSAY, Chairman.

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JouRNAL oF THE SENATE,

Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations . has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 1 do pass.
House Bill No. 119 do pass, as amended.
Respectfully submitted,
FLYNT, Chairman.
Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 14.
Senate Bill No.4.
Respectfully submitted,
ALLEN, Chairman.
The following bills of the Senate, favorably reported by committees, were read the second time:

THURSDAY, JANUARY 28, 1937.

669

By Senator Whitehead of the 30th District-
Senate Bill No. 3. A bill to amend Section 57-101, Title 57 of the 1933 Code, prescribing the legal rates of interest that may be charged on contracts, and for other purposes.

By Senators Atkinson of the 1st District, Ennis of the 20th District, and Flynt of the 26th District-
Senate Bill No. 4. A bill regulating admission to practice law in this State, and for other purposes.

By Senator Aultman of the 23rd District-
Senate Bill No. 14. A bill to provide for holding three regular terms a year of the Superior Court of Peach County, and for other purposes.

By Senator Jackson of the 14th District-
Senate Bill No. 33. A bill to amend Section 3851 of the present Code of Georgia so as to add a provision that when the estate shall exceed Two Hundred Thousand Dollars in value the restrictions of this section shall not apply to such excess, and for other purposes.

By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to amend Section 20-506 of the 1933 Code relating to the enforcement and collection of claims for Attorneys fees, and for other purposes.

By Senator Pruett of the 32nd District-
Senate Bill No. 62. A bill amending Section 201-207 of the 1933 Code by striking the words "civil officers, both judicial and ministerial" and inserting in lieu thereof the words "of the following: Clerk of the Superior Court, Ordinary, Superior Court Library," and for other purposes.

670

JOURNAL OF THE SENATE,

By Senator Pruett of the 32nd District-
Senate Bill No. 64. A bill amending Section 26-1603 of the 1933 Code providing the punishment for the offense of kidnapping by changing the penalty from four to twenty years imprisonment to death, and for other purposes.

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

By Mr. Culpepper of Fayette-
House Bill No. 4. A bill to regulate procedure in the Superior Courts, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 33. A bill to propose a Constitutional amendment to authorize Richmond County to make temporary loans, and for other purposes.
Referred to Committee on Amendments to the Constitution.
The following bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

By Mr. Key of Jasper-
House Bill No. 1. A bill to amend Section 89-901, 89-902, by changing the .fiscal year from January 1 through December 31, to July 1 through June 30, and for other purposes.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 41, the nays 0.

THURSDAY, jANUARY 28, 1937.

671

The bill having received the requisite constitutional majority was passed.

By Mr. Key of Jasper-
House Bill No. 119. A bill to make appropriations for the operation of the State Government, for the support of its eleemosynary- institutions, for the aid of the University System and to the common schools of the State, for aid to the counties for roads, and for the payment of the public debt and the interest thereon, for the half-year ending June 30, 1937, and for other purposes.
The committee offered the following amendments:
The committee proposes amendments to House Bill No. 119 as follows:
To amend Section 1 by adding a paragraph to be known as sub-paragraph (d) to read as follows:
(d) For th~ cost of the Veterinarian's work as defined by law as to duties of eradicating cattle-tick, hog cholera, contagious diseases of animals contaminous to humans and other duties ............................. $17,500.00
To amend Section 7 as follows:
By adding an additional sub-section to be known as sub-section (b) :
(b) For water resources investigation and surveys of the state in ca-operation with the United States Geological Survey .................................... $7,500.00
To amend Section 11, sub-section (b) by striking out the figures "97%" and inserting in lieu thereof "all fees collected".
To amend Section 23, sub-section (a) by striking therefrom the words "for fees of Ordinary".
The committee amendments were adopted.

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JouRNAL oF THE SENATE,

Senator Whitehead of the 30th District offered the following amendment:
Moves to amend House Bill No. 119, Section 1, subsection (c) by striking the figures "$100,000.00" and inserting in lieu thereof the figures "$150,000.00."
The amendment was adopted.
Senator Millican of the 35th District offered the following amendment:
Moves to amend Section 9, Paragraph (d), of House Bill No. 119 by striking the paragraph in its entirety.

Senator Fowler of the 39th District moved the previous question on the amendment by Senator Millican and the motion prevailed.
Senator Purdom of the 46th District called for the ayes and nays on the Millican amendment and the call was sustained.
The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atwood Chason Ennis Greer Hardman

Harrell Harrison Holmes Home .Jones Kimbrough Knabb

McCutchen Millican Moye
Shedd Walker Whitehead

Those voting m the negative were Senators:

Atkinson Aultman Brock Burgin Burrell Clements
Flmt Forrester Fowler Griner

Hampton .Jackson .Johnson Lindsay McKenzie Neely Patten Peebles Phillips Pope

Pruett Purdom Sammon Sikes Sutton Terrell Thrasher Williams

THURSDAY, jANUARY 28, 1937.

673

The roll call was verified.

On the adoption of the amendment, the ayes were 20, the nays 28.

The amendment having failed to recetve a majority was lost.
Senator Atkinson of the 1st District moved that the Senate take a recess until 2 o'clock, P. M., and the motion prevailed.
The President announced that the Senate stood recessed until 2 o'clock P.M.
The President called the Senate t~;order at 2 o'clock
P. M. and consideration of House Bill No. 119, known as the Appropriations Bill was continued.

Senator Lindsay of the 34th District offered the following amendments:
Moves to amend House Bill No. 119, Section 17, subsection (a) by striking the figures "$15,000.00" and inserting in lieu thereof the figures "$16,000.00".
Moves to amend House Bill No. 119, Section 17, subsection (b) by striking the figures "$45,000.00" and inserting in lieu thereof "$50,000.00".
Moves to amend House Bill No. 119, Section 17, subsection (c) by striking the figures "$7,500.00" and inserting in lieu thereof the figures "$12,500.00".
The amendments by Senator Lindsay were adopted.
Senators Shedd of the 3rd District and Williams of the 5th District offered the following amendment:
Moves to amend House Bill No. 119, Section 6, by adding thereto a new paragraph to be known as paragraph (b), as follows:

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JouRNAL oF THE SENATE,

"(h) For promotions and protections of the Bee Industry ........................................ $7,500.00"
The amendment by Senators Shedd and Williams 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 roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen . Almand
Atkinson Atwood Aultman Burrell Chason Clements Ennis Flynt Forrester Fowler Greer Griner Hampton

Hardman Harrell Harrison Holmes Home Jack.'>On Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Moye Neely

Patten Peebles Pope Pruett Purdom Sammon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 44, nays 0.

The. bill having received the requisite constitutional majority was passed, as amended.
Not voting were: Senators Brock of the 37th District, Burgin of the 24th District, Millican of the 35th District, Peterson of the 15th District, Phillips of the 29th District, and Shannon of the 21st District.

THURSDAY, JANUARY 28, 1937.

675

Senator Fowler of the 39th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock.



676

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, jANUARY 29, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Lindsay of the 34th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Lindsay of the 34th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that when the Senate adjourn today that it stand adjourned until Monday, February 1, 1937, at 12:00 o'clock, noon. The consent was granted.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents of today:
1. Introduction of new matter under the rules. 2. Reports of standing committees.

FRIDAY, JANUARY 29, 1937.

677

3. Second reading oJ Senate and House bills and resolutions favorably reported.
4. First reading and reference of House bills.
5. Putting on their passage general Senate and House bills and resolutions ready for third reading.
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 reqms1te constitutional majority the following bills and/or resolutions of the House, ta-wit:

By Mr. Zellner of Monroe-
House Bill No. 11. A bill to be entitled an Act to amend the Acts incorporating the City of Forsyth, and for other purposes.

By Messrs. Peebles and Jones of Bartow-
House Bill No. 29. A bill to be entitled an Act to Create a New Charter for the town of Taylorsville, Ga., and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 43. A bill to increase the salary of the Judge of City Court of Brunswick, a,nd for other purposes.

By Mr. Lanier of Richmond and others-
. House Resolution No. 47. A resolution extending the time for purchase of automobile licenses, and for other purposes.

678

JouRNAL oF THE SENATE,

By Mr. Gross of Stephens-
House Bill No.64. A bill to be entitled an Act to amend an Act to provide for holding four terms a year of Superior Court of Stephens County, and for other purposes.

By Mr. Dollar of Grady-
House Bill No. 65. A bill to amend an Act entitled an Act to establish the City Court of Cairo, and for other purposes.

By Mr. Harrell of Brooks-
House Bill No. 69. A bill to be entitled an Act to amend an Act establishing the City Court of Quitman, and for other purposes.

By Mrs. Mankin and others-
House Bill No. 89. A bill to be entitled an Act to amend the Act of 1924 re: Criminal Court of Atlanta.

By Mr. Tate of Pickens-
House Bill No. 97. A bill to be entitled an Act to prOvide for holding two terms a year of the Superior Court of Pickens County, and for other purposes.

By Mr. Simmons of Decatur and others-
House Bill No; 123. A bill to be entitled an Act to equalize educational opportunities and to provide for a minimum school term, and for other purposes.

By Messrs. McNall, Grayson, and Cohen of Chatham-
House Bill No. 126. A bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah; to create an Armstrong Junior College Commission, and for other purposes.

FRIDAY, jANUARY 29, 1937.

679

By Mr. Fowler ofTreutlen-
House Bill No. 135. A bill to be entitled an Act to amend the Acts creating the City Court of Soperton, and for other purposes.
By Mr. Hill of Screven-
House Bill No. 142. A bill to be entitled an Act amending the several Acts incorporated in the City of Sylvania, and for other purpose's.

By Mr. Harrell of Brooks-
House Bill No. 166. A bill to be entitled an Act to amend an Act establishing the City Court of Quitman, and for other purposes.

Senator Fowler of the 39th District arose to a point of personal privilege and presented to Hon. John B. Spivey, on behalf of the members of the Senate, several beautiful gifts as a token of the Senate's esteem and admiration for its President on this his fortieth birthday.
The President accepted the gifts in words of grateful appreciation.

Senator Almand of the 50th District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on General Judiciary No. 2, read second time and recommitted to the Committee on General Judiciary No.2:
By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 9. A bill to provide that the finding or judgment of a court of competent jurisdiction in a proceeding to test the sanity and mental capacity of a person shall,

680

JOURNAL OF THE SENATE,

on the date of its rendition, be conclusive of his sanity and mental capacity, and for other purposes.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom. of the 46th District, and Almand of the 50th District
Senate Bill No. 10. A bill to provide that prescription shall not run against the owner or holder of a mortgage, deed to secure debt, bill of sale to secure debt, or other instrument creating a lien on or conveying an interest in real or personal property as security for debt, and for other purposes.
The consent was granted, the bills were given a second reading and recommitted to the committee on. General Judiciary No. 2.

Senator Pruett of the 32nd District asked unammous consent that Senate Resolution No. 22 be withdrawn from further consideration of the Senate and the consent was granted.
The following bills of the Senate were introduced, read the first time, and referred to the committees:
By Senator Millican of the 35th District-
Senate Bill No. 76. A bill to define the crime of sedition and to prescribe the punishment therefor; and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District.
Senate Bill No. 77. A bill regulating and providing for the effect of conveyances and encumb1tances of property

FRIDAY, jANUARY 29, 1937.

681

of a deceased person before and after a year's support is set apart, and for other purposes.
Referred to Committee on Special Judiciary.

By Senator Harrell of the 12th District-
Senate Bill No. 78. A bill to provide that in all incorporated towns and cities in Georgia the polls shall be kept open from seven o'clock, A. M., to six o'clock, P. M., in all elections, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Lindsay of the 34th District___..:.
Senate Bill No. 79. A bill to amend the Georgia Acts of 1865-6, page 24; 1898, page 93; 1914, page 47, describing how elections shall be held; to amend Section 34-1302 of the 1933 Code providing that the polls shall be open from seven o'clock, A.M., to six o'clock, P.M., during all elections, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Knabb of the 4th District-

Senate Bill No. 80. . A bill to amend the Banking Laws

in Title 13 of the 1933 Code authorizing the Superin-

tendent of Banks to exchange information and furnish

copies of reports and examinations of banks which are

members of the Federal Reserve Bank of Atlanta; and for

other purposes~ .

.

.

Referred to Committee on Banks and B;anking.

By Senator Knabb of the 4th District-
Senate Bill No. 81. A bill to amend the Banking Law of the 1933 Code, Title 13, to provide for subrogation of the Federal Deposit Insurance Corporation to the rights

682

JouRNAL OF THE SENATE,

of depositors where the corporation pays the deposit liabilities of a closed bank, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 82. A bill to amend the Banking Law of the Code of 1933, Title 13, Sections 13-401, 13-402, 13-405 and 13-406 so as to provide for annual examinations, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 83. A bill to amend Section 13-1901 of the Code as amended by the Act of March 15, 1935, defining and limiting the liability of stockholders of Banks incorporated und,er Title 13, so as to make the same apply to stockholders of Banks incorporated under any general law for the incorporation of Banks or any special legislative charter, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 84. A bill to amend Title 13, Section 13-2031 of the Code of 1933 by providing for the restoration of surplus losses in a sum of twenty per cent of the capital :stock, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 85. A bill to amend Title 13, Section 13-2012 of the Banking Law of the Code of 1933, requiring loans to officers, directors, agents and employees to be
secured by specifying the kind of security which is to ot:
required, and for other purposes.. ~

FRIDAY, JANUARY 29, 1937.

683

Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill' No. 86. A bill to amend the Banking Law as codified in Title 13 of the 1933 Code, Section 13-701, relating to the impairment of the capital stock of a bank by providing for such impairment when losses exceed surplus, undivided profits and outstanding debentures, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 87. A bill to amend the Banking Law of the 1933 Code, Title 13, Section 13-2013, fixing the limit of loans which may be made by a bank, by specifying the kind of security which is to be required where loans exceed ten per cent of the capital and surplus, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 88. A bill to amend the Banking Law of the 1933 Code, Title 13, Section 13-811, by authorizing the Superintendent of Banks to appoint the Federal Deposit Insurance Corporation as Liquidating Agent, andfor other purposes.
Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 89 A bill to amend the Banking Law of the 1933 Code, Title 13, Section 13-20, relieving banks whose deposits are insured by the Federal Deposit Insurance Corporation from giving bond for the security of public deposits to the extent of such insurances, and for other purposes.

684

JouRNAL oF THE SENATE,

Referred to Committee on Banks and Banking.

By Senator Knabb of the 4th District-
Senate Bill No. 90. A bill to amend the Banking Law of the 1933 Code, Title 13, Section 13-2023 relating to the purchase and holding of stocks and investment securities, and for other purposes.
Referred to Committee on Banks and Banking.

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 32. Respectfully submitted, CHASON, Chairman.

The following minority report accompanied the report of the Committee on Hygiene and Sanitation on Senate Bill No. 32:
We, the undersigned members of the Senate Committee on Hygiene and Sanitation, file this our minority report on Senate Bill No. 32, in which we recommend that Senate Bill No. 32 do pass.
Respectfully submitted,
CHASON, 8th District. GREER, 13th District. BRocK, 37th District. HARDMAN, 33rd District.

FRIDAY, JANUARY 29, 1937.

685

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

By Mr. Zellner of Monroe-
House Bi11 No. 11. A bill to amend the Act incorporating the City of Forsyth, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Peebles and Jones of Bartow-
House Bill No. 29. A bill to create a new charter for the town of Taylorsville, Ga., and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Cogdell of Glynn-
House Bill No. 43. A bill to increase the salary of the Judge of City Court of Brunswick, and for other purposes.
Refetred to Committee on Municipal Government.

By Mr. Gross of Stephens-
House Bill No. 64. A bill to amend the Act providing for holding four terms a year of the Superior Court of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dollar of Grady-
House Bill No. 65. A bill to amend an Act entitled an Act to establish the City Court of Cairo in and for the County of Grady, approved August 8, 1906, and ail acts amendatory thereof, so as to increase and fix the salary of the Judge of said Court, and for other purposes.
Referred to Committee-6n Special Judiciary.

686

JouRNAL oF THE SENATE,

By Mr. Harrell of Brooks-
House Bill No. 69. A'bill to amend the Act establishing the City Court of Quitman, and for other purposes.
Referred to Committee on Special Judiciary.

By Mrs. Mankin of Fulton and others-
House Bill No; 89. A bill to amend the Act of 1924 creating the Criminal Court of Atlanta, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Tate of Pickens-
House Bill No. 97. A bill to provide for holding two terms of the Superior Court a year of Pickens County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Simmons of Decatur, Davis of Floyd, Gammage of Terrell, Harris of Richmond, Culpepper of Fayette, and others-
House Bill No. 123. A bill to equalize educational opportunities; to provide for the operation of the public schools of Georgia; and .for other purposes.
Referred to Committee on Education.

By Messrs. MeNall, Grayson, and Cohen of Chatham-
House Bill No. 126. A bill to amend the Charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to Committee on Municipal Government.

FRIDAY, jANUARY 29, 1937.

687

By Mr. Fowler ofTreutlen-
House Bill No. 135. A bill to amend the Acts creating and establishing the City Court of Soperton, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Hill of Screven-

House Bill No. 142. A bill amending the several Acts

incorporated in the City of Sylvania.



Referred to committee on Municipal Government.

By Mr. Harrell of BrooksHouse Bill No. 166. A bill to amend the Act of August
2, 1912, establishing the City Court of Quitman, Brooks County, and for other purposes.
Referred to Committee on Municipal Government. The following communication from His Excellency, the Governor, was read: .
January 28, 1937.
MR. JOHN B. SPIVEY, President, and Members of the Senate,
State Capitol,
Atlanta, Georgia.
Dear Mr. President and Senators: For your information, consideration and direction I beg
leave to call your.attention herewith to the attached resolution from the City of Atlanta, tendering to the State of

688'

JOURNAL OF THE SENATE,

Georgia the property known as Battle Hill Sanatorium, completely equipped, to be made a State Agency.

Respectfully,
E. D. RIVERS,
Governor.

A RESOLUTION
By Alderman Gilliam:
Whereas, the City of Atlanta now owns what is known as Battle Hill Sanatorium, consisting of buildings and grounds completely equipped as a tuberculosis hospital; being the only municipal Tubercular Sanatorium in the State; and,
Whereas, due to the straightened financial condition of the City of Atlanta it is impossible to maintain this hospital upon an efficient basis; and,
Whereas, the State of Georgia has assumed the care of tubercular patients without funds for private treatments;
Therefore be it resolved by the Mayor and General Council that we tender to the State of Georgia the property known as Battle Hill Sanatorium, completely equipped, to be made a State Agency.
Be it further resolved, that a certified copy of this resolution be sent to the Governor, President of the Senate, and Speaker of the House of Representatives.
Adopted January 18, 1937.
Concurred in January 18, 1937.
Approved January 20, 1937.
WILLIAM B. HARTSFIELD,
Mayor.

FRIDAY, jANUARY 29, 1937.

689

STATE OF GEORGIA,}

.

City of Atlanta.

FULTON COUNTY.

I, J. L. RICHARDSON, Clerk of Council of City of Atlanta, do hereby certify that the attached is a true and correct copy of a resolution passed by Council, January 18, 1937, t'Oncurred in January 18, 1937, and approved by the Mayor, January 20, 1937, authorizing the tender of property known as Battle Hill Sanatorium to the State of Georgia, as the same appears from the original resolution which is of record and on file in my said office.

GIVEN under my hand and seal of office on this the 26th day of January, 1937.
(Signed) J. L. RICHARDSON, Clerk of Council of City of Atlanta.

The matter attached to the Governor's communication was referred to the Committee on Hygiene and Sanitation.
The following resolution of the Senate was read:

By Senators Atwood of the 2nd District and Pruett of the 32nd District-
Senate Resolution No. 19. A resolution extending the time limit for registering motor vehicles and procuring licenses therefor to March 1, 1937~ and for other purposes.

Senator Atwood of the 2nd District offered the following amendment:
To amend Senate Resolution No. 19 as follows:
By, striking the caption of said resolution in its entirety and substituting in lieu thereof the following:
"Providing that the time limit for registering motor vehicles and procuring licenses therefor be and the same is

690

JouRNAL oF THE SENATE,

hereby extended to March 1, 1937, and it is resolved that no one shall be classed as a defaulter or subject to any penalty until after March 1, 1937."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the resolution, as amended, was agreed to.
On the passage of the resolution, as amended, the ayes were 36, the nays 0.
The resolution having received the requisite constitutional majority was passed, as amended.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Whitehead of the 30th District-

Senate Bill No. 3. A bill to amend Section 75-101, Title 57, Code of 1933, prescribing the legal rate of interest on contracts; reducing the rate from seven to six per cent; reducing the contract rate from eight to seven per cent, and for other purposes.

The report of the committee, which was favorable to the

passage of the bill, was agreed to.



On the passage of the bill, the ayes were 34, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senators Atkinson of the 1st District, Ennis of the 20th District, and Flynt of the 26th District-
Senate Bill No. 4. A bill to regulate the admission to the practice of law in this State, and for other purposes.

FRIDAY, jANUARY 29, 1937.

691

Senator Lindsay of the 34th District asked unanimous consent that further consideration of Senate Bill No. 4 be postponed until. Tuesday, February 2, 1937, immediately after the period of unanimous consents.
The consent was granted.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 7. A bill to amend Section 37-607 of the Code of Georgia, relating to the construction and manner of exercise of powers of sale in deeds, mortgages, and other instruments, so as to provide who may exercise such powers and the manner of exercise when the grantor or donor of the power is dead, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed. to.

On the passage of the bill, the ayes were 34, the nays 1.

The bill having received the requisite constitutional majority was passed.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 8. A bill to amend Section 31-110 of the Code of Georgia of 1933, which provides how dower may be barred, to provide that dower shall be barred by a sale by an administrator or executor under authority of a competent court or a power in a will prior to application for dower, and for other purposes.
Th~ committee offered the following amendment to Senate Bill No.8:

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JouRNAL oF THE SENATE,

By striking the word" four" in paragraph 6 wherever the same appears in said bill and inserting in lieu thereof the word "twelve," and by adding at the end of paragraph 6 wherever the same appears in said bill the following proviso: "Provided, however, such administrator or executor shall give the widow written notice, personally or by registered mail, at last known address, of his application for sale."

The committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 33, the nays 0.

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

By Senators Almand of the 50th District, Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, and Purdom of the 46th District-
Senate Bill No. 11. A bill to provide for the filing, recordation and indexing, of plats, or blue print, tracing, photostatic or other copy of plat of real estate, and for other purposes.

Senator Lindsay of the 34th District offered the following amendment:
To amend Senate Bill No. 11 by adding the following words at the end of Section 4, "per page or part thereof."
The amendment was adopted.
The report ofthe committee, which was favorable to the passage of the bill, as amended, was agreed to.

FRIDAY, }ANUARY 29, 1937.

693

On the passage of the bill, as amended, the ayes were 30, the nays 1.
The bill having received the requisite constitutional majority was passed, as amended.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 13. A bill to regulate the assignment of policies of incorporated mutual or cooperative fire insurance companies, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the Senate was read and adopted:

By Senator Terrell of the 19th District-
Senate Resolution No. 24. A resolution urging the members of the House and Senate to participate in the raising of Georgia's quota in the Warm Springs Foundation campaign.
Senator Harrell of the 12th District moved that the Senate do now adjourn. The motion was lost.
The following bill of the Senate was read the third time:

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 17. A bill to limit to five years the effect of filing for record any mortgage, bill of sale to secure debt,

694

JouRNAL oF THE SENATE,

retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property, and for other purposes.
Senator Lindsay of the 34th District offered an amendment.
Senator Pope of the 7th District asked unanimous consent that Senate Bill No. 17 be postponed until Tuesday, February 2nd, immediately following the period of unanimous consents.
There was objection.
Senator Pope of the 7th District moved that further consideration of Senate Bill No. 17 be postponed until Tuesday, February 2nd, immediately following the period of unanimous consents.
Senator Harrell of the 12th District moved that the Senate do now adjourn. The motion was lost.
The motion by the Senator of the 7th prevailed.
Senator Harrell of the 12th District moved that the Senate do now adjourn. The motion was lost.
The following resolution of the Senate was read and adopted:

By Senator Williams of the 5th District-
Senate Resolution No. 25. A resolution extending the thanks of the Senate to The Macon Telegraph.
The following bill of the Senate was read third time and put upon its passage:

By Senator Millican of the 35th District-
Senate Bill No. 29. A bill to regulate the business of selling second hand and used motor vehicles by non-residents or persons having no permanent place of business; and for other purposes.

FRIDAY, jANUARY 29, 1937.

695

, The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senators Knabb of the 4th District, Peebles of the 18th District and Almand of the 50th District were granted a leave of absence from the Senate on Monday, February 1st.

Senators Purdom of the 46th District and Allen of the 31st District were granted a leave of absence from the Senate on Monday and Tuesday, February 1st and 2nd.
The following privilege resolutions were read and adopted:
By Senator Holmes of the 22nd District-
A resolution extending the privileges of the floor to Hon. Ogden Pearsons, Judge of the Superior Court, and a former presiding officer of the Senate.

By Senator Holmes of the 22nd District-
A resolution extending the privileges of the floor to Hon. W. B. Freeman, a former member of the General Assembly, and now County Attorney of Monroe County and City Attorney for the City of Forsyth.

By Senator Pope of the 7th District-
A resolution extending the privileges of the floor to Hon. J.P. Walker.
Senator Atkinson of the 1st District moved that the Senate do now adjourn.

696

JOURNAL OF THE SENATE,

Senator Pruett of the 32nd District arose to a point of personal privilege.
The motion to adjourn by Senator Atkinson of the 1st District prevailed.
The President announced that the Senate stood. adjourned until Monday, February 1st, 12:00 o'clock, noon.

MONDAY, FEBRUARY 1, 1937.

697

SENATE CHAMBER, ATLANTA, GA,. MoNDAY, FEBRUARY 1, 1937.
The Senate met, -:pursuant to adjournment, at 12:00 o'clock, noon, this day, and was called to order by Senator Terrell of the 19th District, the President Pro Tempore of the Senate.
Prayer was offered by the Chaplain.
Senator Pope of the 7th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Williams of the 5th District, member of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found to be correct.
Senator Pope of the 7th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents of today:
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. First reading and reference of House bills.

698

JouRNAL OF THE SENATE,

5. Putting on their passage general Senate and House bills and resolutions ready for third reading.
The consent was granted.

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:
By Mr. Key of Jasper-
House Bill No. 119. 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 the Common Schools, for aid to the counties for roads, and for other purposes.
Senator Lindsay of the 34th District moved that the Senate insist upon its amendments to House Bill No. 119, known as the emergency appropriations bill, and that the Chair appoint a committee of conference on the part of the Senate to confer with a like committee on the part of House to be appointed by the Speaker of the House.
The motion prevailed.
Senator Walker of the 28th District asked unanimous consent that Senate Rule No. 120 be read by the Secretary.
The consent was granted and Senate Rule No. 120 was read.
The President Pro Tempore appointed the following as a Committee of Conference on the part of the Senate to consider House Bill No. 119:
Senators Lindsay of the 34th District, Atkinson of the 1st District, and Johnson of the 42nd District.

MoNDAY, FEBRUARY 1, 1937.

699

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and/or resolutions of the House, to-wit:

By Messrs. Hand and Baggs of Mitchell-
House Bill No. 25. A bill to be entitled an Act to repeal an Act creating the office of Tax Commissioner of Mitchell County, and for other purposes.

By Mr. Warnell of Bryan-
House Bill No. 41. A bill to be entitled an Act to remove the county site of Bryan County from Clyde to Pembroke, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 42. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenue of Glynn County, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 45. A bill to be entitled an Act to increase the salary and for other relief of the Tax Commissioner of Glynn County, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 46. A bill to been titled an Act to create a Board of Commissioners of Roads of Glynn County, and for other purposes.

By Messrs. Sanders and Hart of CowetaHouse Resolution No. 48. A resolution urging the mem-

700

JouRNAL OF THE SENATE,

hers of the House and Senate to participate in the raising of Georgia's quota in the Warm Springs Foundation, and for other purposes.

By Mr. Evans of McDuffie-
Hause Bill No. 54. A bill to be entitl~d an Act to amend an Act to "Abolish the office of Treasurer of McDuffie County," and fo~ other purposes.

By Messrs. Sanders and Hart of Coweta-
House Bill No. 73. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Coweta County, and for other purposes.

By Mr. Clark of Catoosa-
House Bill No. 75. A bill to be entitled ab Act to abolish the offices of Tax Collector and Tax Receiver of Catoosa County, to create the office of Tax Commissioner, and for other purposes.

By Mr. Erwin of Lamar-
House Bill No. 76. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Lamar County at $3,000, and for other purposes.

By Messrs. Parker and Barlow of Colquitt, Davis of Floyd, and others-
House Bill No. 125. A bill to be entitled an Act to establish a State Board of Education, prescribe the qualifications of the members of said Board, fix their terms of office, define their duties, and for other purposes.

By Mr. Patten of CookHouse Bill No. 130. A bill to be entitled an Act to fix

MoNDAY, FEBRUARY 1, 1937.

701

the amount of the bond of the Sheriff of Cook County, and for other purposes.

By Mr. Etheridge of Houston-
House Bill No. 132. A bill to be entitled an Act to reduce the official bond of the Sheriff of Houston County, and for other purposes.
By Mr. Dunn of Pike-
House Bill No. 157. A bill to be entitled an Act to reduce the bond of the Sheriff of Pike County, and for other purposes.

By Mr. Guyton of Effingham-
House Bill No. 174. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham, and for other purposes.

By Mr. Rowland of Johnson-
House Bill No. 175. A bill to be entitled an Act to amend an Act approved August 11, 1919, relative to County Commissioner of Johnson County, and for other purposes.
By Messrs. McNall, Grayson, and Cohen of ChathamHouse Bill No. 182. A bill to be entitled an Act to
authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of the teachers and employees, and for other purposes.
By Messrs. Peebles and Jones of Bartow-
House Bill No. 184. A bill to be entitled an Act to amend, revise, and consolidate into one Act, the several

702

JouRNAL oF THE SENATE,

Acts granting corporate authority to the City of CarterSville, and for other purposes.

Senator Atkinson of the 1st District asked unanimous consent that the following bill of the Senate be recommitted to the Committee on Special Judiciary:

By Senators Atkinson of the 1st District, Ennis of the 20th District, and Flynt of the 26th District-
Senate Bill No.4. A bill to regulate the admission to the practice of law in this State, and for .other purposes.
The consent was granted and the bill was recommitted to the Committee on Special Judiciary.
Senator Atkinson of the 1st District asked unanimous consent that the following bill of the Senate be recommitted to the Committee on General Judiciary No. 2:
By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 6. A bill to amend Sections 65-203, 65-204, 65-207, 65-213 and 65-214 of the Code of 1933, relating to non-profit cooperative marketing associations under the Act of 1921, and for other purposes.
The consent was granted and the bill was recommitted to the Committee on General Judiciary No. 2.

Senator Atkinson of the 1st District asked unanimous consent that the following bills of the Senate be postponed until Wednesday, February 3rd, immediately after the period of unanimous consents:

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-

MoNDAY, FEBRUARY 1, 1937.

703

Senate Bill No. 12. A bill to provide that any person who has been or may be discharged from the Milledgeville State Hospital shall after the date of his discharge be prima facie presumed to be and continue of sound mind and mental capacity, and for other purposes.

By Senators Williams Df the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 17. A bill to limit to five years the effect of filing for record any mortgage, bill of sale, etc., and for other purposes.
The consent was granted and further action on the above bills was postponed until Wednesday, February 3rd.

Senator Pruett of the 32nd District asked unanimous consent that the following bills of the Senate be recommitted to the Committee on Special Judiciary:

By Senator Pruett of the 32nd District-
Senate Bill No. 38. A bill to provide for the place c;>f holding the examination for admission to the bar of Georgia, and for other purposes.

By Senator Pruett of the 32nd District-
Senate Bill No. 40. A bill to provide that no applicant shall be eligible to stand the examination for admission to the bar unless he shall have been a citizen of the State for more than a year prior to the examination, and for other purposes.
The consent was granted and the bills were recommitted to the Committee on Special Judiciary.

Senator Neely of the 36th District asked unanimous consent that the following bills of the Senate be withdrawn from

704

JouRNAL oF THE SENATE,

the Committee on Insurance and recommitted to the Committee on General Judiciary No. 2:

By Senator Neely of the 36th District-
Senate Bill No. 54. A bill to prohibit persons, firms or corporations from adjusting, compromising or settling causes of action arising out of torts or contracts where said persons, firms or corporations have no interest in the controversy, and for other purposes.

By Senator Neely of the 36th District-
Senate Bill No. 59. A bill fixing the time within which settlements and compromises may be effected in all causes of action arising out of torts, and for other purposes.
The consent was granted and the bills were withdrawn from the Committee on Insurance and recommitted to the Committee on General Judiciary No. 2.

The following bills of the Senate were introduced, read the first time, and referred to the committees:
By Senator Millican of the 35th District-
Senate Bill No. 91. A bill to amend Section 73-201, Title 73 of the Code of Georgia, which provides for the appointment of the State Oil Chemist, so as to make the tenure of office of said chemist subject to the pleasure of the Comptroller-General, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Millican of the 35th District-
Senate Bill No. 92. A bill to regulate primary elections in all municipalities having a population of 200,000 or more, and for other purposes.
Referred to Committee on Municipal Government.

MoNDAY, FEBRUARY 1, 1937.

705

By Senator Millican of the 35th District-
Senate Bill No. 93. A bill to provide that in certain counties the Board of Commissioners of Roads and Revenues, or the body in charge of affairs of the county, shall have authority to take over by lease or such the operation of any public charitable hospital now maintained by any municipality located in said county, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Millican of the 35th District-
Senate Bill No. 94. A bill to repeal Section 4()-406 of the 1933 Code which provides for the suspension of the State Treasurer or Comptroller-General by the Governor, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senator Lindsay of the 34th District-
- Senate Bill No. 95. A bill to define contracts of life insurance; to provide that persons, firms or corporations issuing such contracts shall be subject to the laws regulating life insurance companies, and for other purposes.
Referred to Committee on Insurance.

By Senator Pruett of the 32nd District-
Senate Bill No. 96. A bill to amend Section 26-2502 of the 1933 Code providing the punishment for robbery by open force or violence, so that the punishment shall be death instead of four to twenty years, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senator Lindsay of the 34th District-
Senate Bill No. 97. A bill proposing to the qualified voters of Georgia an amendment to Article 11, Section 1 of

706

JouRNAL OF THE SENATE,

the Constitution giving the authorities of DeKalb County certain powers, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Purdom of the 46th District-
Senate Bill No. 98. A bill authorizing the State Board of Health to cooperate with certain departments of the Children's Bureau of the United States Department of Labor; to designate said Board as the official Agency of Georgia for the administration of the State plan for services for crippled children, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Senator Spivey of the 16th District-
Senate Bill No. 99. A hill authorizing the State Highway Department to take over and maintain in the State-aid System a certain road in Emanuel County, and for other purposes.
Referred to Committee on Highways and Public Roads.

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

By Senator Kimbrough of the 25th District-
Senate Resolution No. 26. A resolution authorizing the Governor to convey to the United States a one-fourth interest in tract of land No. 25 of the Pine Mountain Recreational Project, and for other purposes.
Referred to Committee on State of Republic.

The following resolution of the Senate was read and adopted:

MoNDAY, FEBRUARY 1, 1937.

707

By Senators Aultman of the 23rd District and Sutton of the 47th District-
Senate Resolution No.27. A resolution inviting President Roosevelt to address the Georgia General Assembly.

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

By Messrs. Hand and Baggs of Mitchell-
House Bill No. 25. A bill to repeal an Act creating the office of Tax Commissioner of Mitchell County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Warnell of Bryan-
House Bill" No. 41. A bill to remove the county site of Bryan County from Clyde to Pembroke, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Cogdell of Glynn-
House Bill No. 42. A bill to repeal an Act crearing a Board of Commissioners of Roads and Revenue of Glynn County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Cogdell of Glynn-
House Bill No. 45. A bill to increase the salary and for other relief of the Tax Commissioner of Glynn County, and for other purposes.
Referred to Committee on Counties and County Matters.

708

JOURNAL OF THE SENATE,

By Mr. Cogdell of Glynn-
House Bill No. 46. A bill creating a Board of Commissioners of Roads of Glynn County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Evans of McDuffie-
Hause Bill No. 54. A bill to amend an Act to "Abolish the office of Treasurer of McDuffie County," and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Sanders and Hart of Coweta-
House Bill No. 73. A bill to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Coweta County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Clark of Catoosa-
House Bill No. 75. A bill to create the office of Tax Commissioner of Catoosa County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Erwin of Lamar-
House Bill No. 76. A bill to fix the amount of the bond of the Sheriff of Lamar County at Three Thousand Dollars, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Parker and Barlow of Colquitt, Davis of Floyd, Gross of Stephens, and Harrell of Brooks-
House Bill No. 125. A bill to establish a State Board of

MoNDAY, FEBRUARY 1, 1937.

709

Education, prescribe the qualifications of the members of said Board, fix their terms of office, and for other purposes.
Referred to Committee on Education and Public Schools.

By Mr. Patten of Cook-
House Bill No. 130. A bill fixing the amount of the Bond of the Sheriff of Cook County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Etheridge of Houston-
House Bill No. 132. A bill to reduce the official bond of the Sheriff of Houston County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dun~ of Pike-
House Bill No. 157. A bill to reduce the bond of the Sheriff of Pike County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Guyton of Effingham-
House Bill No. 174. A bill amending the Act creating a Board of Commissioners of Roads and Revenues for Effingham County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Rowland of Johnson-
House Bill No. 175. A bill to amend an Act approved August 11, 1919, prescribing the duties of the County Commission of Johnson County, and for other purposes.
Referred to Committee on Counties and County Matters.

710

JouRNAL OF THE SENATE,

By Messrs. MeNall, Grayson, and Cohen of Chatham-
House Bill No. 182. A bill to authorize the Board of Public Education for the City of Savannah and County of Chatham to adopt a system of pensions for old age and disabilities of the teachers and employees, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Peebles and Jones of Bartow-
House Bill No. 184. A bill to revise into one Act the several Acts granting corporate authority to the City of Cartersville, Bartow County, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on Municipal Government.
Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your .Committee on Conservation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the tecommendation that the same do not pass:
Senate Bill No. 56.
Respectfully submitted,
SHEDD, Chairman.

Senator Terrell of the 19th District submits the following minority report on Senate Bill No. 56, reported unfavorably by the Committee on Conservation:

Mr. President: We, the undersigned mem hers of the Committee on

MoNDAY, FEBRUARY 1, 1937.

711

Conservation, desire to recommend to the Senate that Senate Bill No. 56 do pass:

Respectfully submitted,
JOEL H. TERRELL of the 19th District,
E. FoRRESTER of the 44th District,
J. J. FLYNT of the 26th District,
L. L. PEEBLES of the 18th District.

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

Mr. President:
The Speaker has appointed as a Committee of Conference on the part of the House, to confer with a like committee on the part of the Senate, on House Bill No. 119, the General Appropriations Bill, the following members of the House, tO-Wit:

Messrs. Key of Jasper, Sabados of Dougherty, and Campbell of Newton.

The President assumed the Chair.

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

By Senator Aultman of the 23rd District-
Senate Bill No. 14. A bill to provide for holding three regular terms a year of the Superior Court of Peach County; to prescribe the time and length of terms for holding same; and for other purposes.

712

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 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Aultman of the 23rd District, Forrester of the 44th District, and Holmes of the 22nd District-
Senate Bill No. 30. A bill to amend Chapter 92-82, Section 92-8201 of the Code of Georgia, by adding at the end of said section a clause permitting the county authorities not to pay State and School taxes in buying such property, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Jackson of the 14th District-
Senate Bill No. 33. A bill to amend Section 3851 of the present Code of Georgia so as to add thereto a proviso to the effect that when the estate shall exceed two hundred thousand dollars in value, the restrictions of this section shall not apply to such excess, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

. MoNDAY, FEBRUARY 1, 1937.

713

Senator Atkinson of the 1st District moved that the Senate recess at 1:00 o'clock, P.M., and reconvene at 2:00 o'clock, P. M.
The motion prevailed.

By Senator Millican of the 35th District-
Senate Bill No. 34. A bill to authorize the judges of the Superior Courts of this State to transfer civil cases to a municipal court, and for other purposes.

Senator Millican of the 35th District offered the following amendment:
To amend Senate Bill No. 34 by adding a new section to be known as Section 4 and to read as follows:
"Be it further enacted that all laws and parts of laws in conflict with this measure, be and the same are hereby repealed."
The amendment was adopted.

The hour of 1:00 o'clock, P.M., having arrived the President announced that the Senate stood recessed until 2:00 o'clock, P. M., this day.
The President called the Senate to order at 2:00 o'clock, P.M.

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

Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House:

By Mr. Key of JasperHouse Bill No. 119. A bill to be entitled an Act to make

714

JouRNAL oF THE SENATE,

appropriations for the operation of the State Government, for the support of its eleemosynary institutions, and aid to the common schools, and for other purposes.

The following report of the Committee of Conference, on House Bill No. 119, was read and adopted:

Mr. President:

Mr. Speaker:
We, your Conference Committee, on House Bill No. 119, the General Appropriation Bill for the half-year ending June 30, 1937, submit the following report:
1-The House and the Senate both recede from their position on Section 1, Item (c).
Your Committee arp.ends said Section 1, Item (c) by striking the figures "$100,000.00'' and substituting therefor the figures "$120,000.00".
2-The House agrees to the Senate amendment to Section 1, which adds an item of $17,500.00 for the work under the Veterinarian Act.
3-The House and the Senate both recede from their respective positions on Section 6, which adds an item "(b) for the promotion and protection of the Bee industry $7,500.00".
Your Committee amends said Section 6 by adding said section in the amount of $6,000.00, in lieu of $7,500.00.
4-The House agrees to the Senate amendment to Section 7 which adds an item "(b) for an investigation and survey of the water resources, etc. $7,500.00".
5-The House agrees to the Senate amendment to Section 11, item (b) striking "97% of" so that said item will appropriate "the allocation .fixed by law".

MoNDAY, FEBRUARY 1, 1937.

715

6-The House agrees to the Senate amendment to Section 17, Item (a) which increases said Item $1,000.00.
7-The House agrees to the Senate amendment to Section 17, Item (b) increasing said Item $5,000.00.
8-The House agrees to the Senate amendment to Section 17, Item (c) increasing said Item $5,000.00.
9-The House agrees to the Senate amendment to Section 23, striking from the proviso thereof the words "and for fees of ordinaries."

Respectfully submitted, On the part of the Senate: LINDSAY of the 34th District, ATKINSON of the 1st District, JOHNSON of the 42nd District.

On the part of the House: KEY of Jasper, SABADOS of Dougherty, CAMPBELL of Newton.

Senator Lindsay of the 34th District moved the adoption of the report of the Conference Committee.
The report was adopted.
Consideration of Senate Bill No. 34 by Senator Millican of the 35th District was resumed.
Senator Millican of the 35th District offered the following amendment:
To amend Senate Bill No. 34, Section 3, by adding the following:

716

JouRNAL oF THE SENATE,

"Said notice to be given either in person or by registered mail."
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 31, the nays 0.

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

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

By Senator Millican of the 35th District-
Senate Bill No. 35. A bill to require dance halls, boxing or wrestling arenas or amusement parks operating in counties over 200,000 population to secure license from County Commissioners, and for other purposes.

' Senator Millican of the 35th District offered the following amendment:
To amend Senate Bill No. 35 by striking the figures "200,000" wherever same appears in said bill and substituting therefor the figures "3,000".
The amendment was ad,9pted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 32, the nays 1.
The bill having received the requisite constitutional majority was passed, as amended.

MoNDAY, FEBRUARY 1, 1937.

717

By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to amend Section 2Q-506 of the Code of 1933 which relates to the enforcement and collection of claims for Attorneys fees, and for other purposes.
Senator Pope of the 7th District offered an amendment.
Senator Harrell of the 12th District moved to table Senate Bill No. 51. The motion was lost.
Senator Harrell of the 12th District moved to recommit Senate Bill No. 51 to the Committee on General Judiciary No.1.
Senator Pope of the 7th District moved that further consideration of Senate Bill No. 51 be postponed until Thursday, February 4th, immediately following the period of Unanimous Consents.
On the motion of Senator Pope of the 7th District, a division was called for. On the adoption of the motion, the ayes were 29, the nays 0.
Further action on Senate Bill No. 51 was postponed until Thursday, February 4th.
Senator Atkinson of the 1st District moved that further consideration of Senate Bill No. 61 be postponed until Thursday, February 4th, and that said bill be made a special and continuing order of business for that day just following the period of unanimous consents.
The motion prevailed.

The following privilege resolutions were read and adopted:

By Senator Burgin of the 24th District-
A resolution extending the privileges of the floor to Han.
James E. Short of Buena Vista.

718

JouRNAL OF THE SENATE,

By Senator Holmes of the 22nd District-
A resolution extending the privileges of the floor to Han. James A. Tribble, Han. J. S. Banks, and Han. H. H. Harden of Monroe County.

Senator Harrison of the 17th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorro~ morning at 10:00 o'clock.

TUESDAY, FEBRUARY 2, 1937.

719

SENATE CHAMBER, ATLANTA, GA.,. TuESDAY, FEBRUARY 2, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.

Prayer was offered by the Chaplain.

Senator Lindsay of the 34th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

Senator Lindsay of the 34th District asked unammous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:

1. Introduction of new matter under the rules.

2. Reports of standing committees.

3. Bills adversely reported, with minority reports, under the rules.

. 4. Second reading of Senate and House bills and resolu-

tions favorably reported.



720

JouRNAL oF THE SENATE,

5. First reading and reference of House bills.
6. Putting on their passage general Senate and House bills and resolutions ready for third reading.
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 requlSlte constitutional majority the following bills and/or resolutions of the House, to-wit:

By Mr. Cochran of Thomas-
House Bill No. 7. A bill to be entitled an Act approved August 17, 1920, entitled "Dentistry Practice Regulated."

By Mr. Sutton of Wilkes-
House Resolution No. 10-41a. A resolution proposing to qualified voters of Georgia an amendment to Article 6, Section 7, Paragraph 2 of the Constitution of Georgia, enlarging the jurisdiction of Justices of the Peace.

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 233. A bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Swainsboro," and for other purposes.

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

By Senator Lindsay of the 34th DistrictSenate Bill No. 100. A bill to repeal a part of Section

TuESDAY, FEBRUARY 2, 1937.

721

4Q-406, of the 1933 Code, dealing with supplemental appropriati~ns, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Hardman of the 33rd District-
Senate Bill No. 101. A bill to amend Section 42-207 (2112) of the 1933 Code, relating to penalties for selling mouldy or damaged feeding stuff, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Hardman of the 33rd District-
Senate Bill No. 102. A bill to amend Section 42-202 (2107) of the 1933 Code, relating to the registration of feeding stuff with the Commissioner of Agriculture, by providing more fully the manner of such registration, and for other purposes.
Referred to Committee on General Judiciary No.2.

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President: Your Committee on Amendments to the Constitution
has had under consideration the following bill and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 17.
House Bill No. 33.
Respectfully submitted,
PoPE, Chairman.

722

JouRNAL OF THE SENATE,

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 39 do pass, as amended.
Senate Bill No. 41 do pass, as amended. Senate Bill No. 42 do pass. House Bill No. 89 do pass. House Bill No. 54 do pass.

Respectfully submitted, JAcKsoN, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President: Your Committee on State of the Republic has had under
consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 74.
Respectfully submitted,
GRINER, Chairman.

TuESDAY, FEBRUARY 2, 1937.

723

Senator Chason of the 8th District moved to disagree to the report of the Committee on Hygiene and Sanitation, which was unfavorable to the passage of the bill, on the following bill of the Senate, tO-wit:

By Senator Greer of the 13th District-
Senate Bill No. 32. A bill to establish the State Board of Examiners in the basic sciences underlying the practice of the healing arts, and for other purposes.

Senator Lindsay of the 34th District moved that further consideration of the report of the Committee on Senate Bill No. 32 be postponed until Friday, February 5th.
The motion by Senator Lindsay prevailed and further action on the report of the Committee on Senate Bill No. 32 was postponed until Friday.

Senator Terrell of the 19th District moved to disagree to the report of the Committee on Conservation, which was unfavorable to the passage of the bill, on the following bill of the Senate, to-wit:

By Senator Terrell of the 19th District-
Senate Bill No. 56. A bill amending Section 45-501 of the 1933 Code, by providing for an open season for hook and line fishing the year round, and for other purposes.
On the adoption of the motion by Senator Terrell of the 19th District, the ayes were 10, the nays 25.
The motion having failed to receive a majority was lost.
The report of the committee being unfavorable to the passage of the bill, the bill was therefore lost.

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

724

JouRNAL OF THE SENATE,

By Senator McCutchen of the 43rd District-
. Senate Resolution No. 17. A resolution proposing to the voters of Georgia an amendment to the State Constitution authorizing the City of Dalton to pass certain zoning laws, andfor other purposes.

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

By Senator Millican of the 35th District-
Senate Bill No. 39. A bill to amend an Act approved August 27, 1925, in counties of over 200,000 population by providing for payment into the county treasury of corporation taxes collected in said counties, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 41. A bill to provide for a discount not exceeding 10% on the sale of tax executions in counties of more than 70,000 population, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 42. A bill providing that irregularities and errors shall not defeat collection of tax executions in counties of more than 200,000 population, and for other purposes.

By Senator Chason of the 8th District-
Senate Bill No. 74. A bill to establish a State Planning Board for the study of matters relating to the physical, social and economic development of resources of Georgia, and for other purposes.

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

TuESDAY, FEBRUARY 2, 1937.

725

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 33. A bill to propose a Constitutional amendment to authorize Richmond County to make temporary loans, and for other purposes.

By Mr. Evans of McDuffie-
Hause Bill No. 54. A bill to amend an Act to abolish the office of Treasurer of McDuffie County, and for other purposes.

By Mrs. Mankin of Fulton and others-
House Bill No. 89. A bill to amend the Act of 1924 creating the Criminal Court of Atlanta, and for other purposes.

The following bills of the House were read the first time and referred to the committees:
By Mr. Cochran of ThomasHouse Bill No. 7. A bill to amend an Act approved
August 17, 1920, entitled "Dentistry Practice Regulated," and for other purposes.
Referred to Committee on Uniform Laws.
By Messrs. Flanders and Rountree of EmanuelHouse Bill No. 233. A bill to amend an Act entitled
"An Act to establish the City Court of Swainsboro, in and for the County of Emanuel," and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the House was read the first time and referred to the committee;

726

JouRNAL OF THE SENATE,

By Mr. Sutton of Wilkes-
House Resolution No. 1Q-41a. A resolution proposing to the qualified voters of Georgia an amendment to Article 6, Section 7, Paragraph 2 of the Georgia Constitution enlarging the jurisdiction of Justices of the Peace, and for other purposes.
Referred to Committee on Amendments to the Constitution.

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

By Senator Pruett of the 32nd District-
Senate Bill No. 62. A bill to amend Title 101, Chapter 101-207, Section 101-207, of the Code of Georgia of 1933, by striking the words "civil officers, both judicial and ministerial" and inserting in lieu thereof the words "of the following: Clerk of the Superior Court; Ordinary; Superior Court Library", and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senator Pruett of the 32nd District-
Senate Bill No. 64. A bill to amend Section 26-1603 of the 1933 Code of Georgia, providing the punishment for the offense of kidnapping by changing the penalty from four to twenty years imprisonment to death, and for other purposes.

TuESDAY, FEBRUARY 2, 1937.

727

Senator Harrell of the 12th District offered the following amendment:
To amend Senate Bill No. 64 by adding the following proviso after the word death wherever the same appears in said bill:
"Provided, however, the jury upon the trial of said case may recommend that the defendant be punished with life imprisonment."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 39, the nays 1.
The bill having received the requisite constitutional majority was passed, as amended.
The President announced that the Senate would take a short recess subject to the call of the Chair.
The President called the Senate to order.

The following resolution of the Senate was read and adopted:

By Senator Atkinson of the 1st District-
Senate Resolution No. 28. A resolution providing for a joint session of the General Assembly to convene in the Hall of the House of Representatives on Thursday, February 4th, at 9:00 o'clock, A. M., to hear a message from His Excellency, the Governor.

Senator Millican of the 35th District asked unanimous consent that the following bill of the Senate be withdrawn

728

JouRNAL oF THE SENATE,

from the Committee on General Judiciary No. 2, read a second time, and recommitted to the Committee on General Judiciary No. 2:

By Senator Millican of the 35th District-
Senate Bill No. 91. A bill to amend Section 73-201, Title 73, of the Code of Georgia, which provides for the appointment of the State Oil Chemist, so as to make the tenure of office of said chemist subject to the pleasure of the Comptroller-General, and for other purposes.
The consent was granted, the bill given a second reading, and recommitted to the Committee on General Judiciary No.2.

The following privilege resolutions of the Senate were read and adopted:
By Senator Forrester of the 44th District-
A resolution extending the privileges of the floor to Hon. R. L. Lee of Dade County.

By Senator Fowler of the 39th District-
A resolution extending the privileges of the floor to Mrs. Frank Lawson, Jr., of Buena Vista, a daughter of Senator Burgin of the 24th District.

Senator Williams of the 5th District moved that the Senate do now adjourn.

The motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

WEDNESDAY, FEBRUARY 3, 1937.

729

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, FEBRUARY 3, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Lindsay of the 34th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the. following be established as the order of business following the first part of the period of unanimous consents today:
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. First. reading and reference of House bills. 5. Special orders.

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JouRNAL oF THE SENATE,

6. Putting on their passage general and local Senate and House bills and resolutions ready for third reading.
The consent was granted.

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

By Senator Harrell of the 12th District-
Senate Bill No. 103. A bill to carry into effect Paragraph 18, Section 1, Article 5 of the Constitution of 1877, to provide for the suspension and removal of the Treasurer or Comptroller-General of the state, from the discha-rge of duties of their offices in certain cases; and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Ennis of the 20th District-
Senate Bill No. 104. A bill to establish a Civil Service Commission; to provide for the appointment of members of the Commission; to provide for the removal of persons in the State Service; and for other purposes.
Referred to Committee on Finance.
By Senator Shannon of the 21st District-
Senate Bill No. 105. A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver in and for the County of Twiggs, and for other purposes.
Referred to Committee onCounties and County Matters.
By Senator Shannon of the 21st District-
Senate Bill No. 106. A bill to reduce the Bond of the Sheriff of Twiggs County from $10,000.00 to $3,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 3, 1937.

731

By Senator Atkinson of the 1st District-
Senate Bill No. 107. A bill to remove the county site of Bryan County from Clyde to Pembroke, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Pruett of the 32nd District-
Senate Bill No. 108. A bill to amend Section 24-2702 of the 1933 Code by providing that a clerk is not prevented from practicing law except in his own county, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Millican of the 35th District-
Senate Bill No. 109. A bill to amend an Act of the Georgia General Assembly, approved March 15, 1935, providing for the appointment of jury commissioners of several counties, by adding to Section 1, "Except in those counties of this state having a city with a population of two hundred thousand or more by the United States census of 1930," and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Pruett of the 32nd DistrictSenate Bill No. 110. A bill to amend Section 92-1410
of the 1933 Code, by providing that money derived from the gasoline tax shall be paid to counties on a monthly basis, and for other purposes.
Referred to Committee on Finance.
The following resolutions of the Senate were introduced, read the first time, and referred to the committees:
By Senator Shannon of the 21st DistrictSenate Resolution No. 29. A resolution . relieving

732

JouRNAL OF THE SENATE,

M. C. Arnold as Surety Bond of M. L. Pope, Twiggs County,
and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Shannon of the 21st District-
Senate Resolution No. 30. A resolution furnishing law books to the office of Ordinary of Twiggs County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Williams of the 5th District-
Senate Resolution No. 32. A resolution proposing to the voters of Georgia an amendment to Article VII, Section VI, Paragraph I, of the Constitution of Georgia, authorizing the City of Waycross to levy a tax not to exceed one mill for the purpose of raising a fund which may be used by the city in promoting the location of new industries therein, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Williams of the 5th District-
Senate Resolution No. 33. A resolution proposing to the voters of Georgia an amendment to Article VIII, Section VI, Paragraph II of the Constitution of Georgia, authorizing Ware County to levy a tax not to exceed one mill, on all taxable property in the county, for the purpose of creating a fund to be used in promoting the location of new industries in Ware County, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Pruett of the 32nd DistrictSenate Resolution No. 34. A resolution proposmg to

WEDNESDAY, FEBRUARY 3, 1937.

733

the voters of Georgia an amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia, so that provisions may be made for the payment of pensions to widows of Confederate soldiers who were married to such soldiers prior to the first day of January, 1898, and for other purposes.
Referred to Committee on Pensions.

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

Mr. President:
The House has passed by the requtstte constitutional majority the following bills and/or resolutions of the House. and/or Senate, to-wit:

By Messrs. Sutton of Wilkes, Key of Jasper, Harris of Richmond, Hill of Screven, and many others-
House Bill No. 18. A bill to be entitled an Act to create a Department of Public Safety for the State of Georgia and the various divisions thereof, and for other purposes.

By Senators Aultman of the 23rd District and Sutton of the 47th District-
Senate Resolution No. 27. A resolution inviting President Roosev.elt to address the Georgia General Assembly.

By Senator Atkinson of the 1st District-
Senate Resolution No. 28. A resolution providing for, a joint session 9f the General Assembly on Thursday, February 4th, at 9:00 o'clock, A. M.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 105. A bill to be entitled an Act to

734

JouRNAL oF THE SENATE,

amend the Act of the General Assembly of Georgia creating the Board of Commissioners of Roads and Revenues for Fulton County, and for other purposes.

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

By Messrs. Hollis of Morgan, Hill of Screven, Ellington of Gilmer, Hastings, Kendrick, and Mrs. Mankin of Fulton, Messrs. Peebles of Bartow, Harris of Richmond, Bennett of Ware, Sutton .of Wilkes, Davis of Floyd, Evans of McDuffie, and many others-
House Bill No. 18. A bill to create a Department of Public Safety for Georgia, and to name the members, officers and divisions thereof, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 105. A bill to amend the Act of the General Assembly of Georgia creating the Board of Commissioners of Roads and Revenues for Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the

WEDNESDAY, FEBRUARY 3, 1937.

735

same back to the Senate with the recommendation that: House Bill No.4 do pass. Senate Bill No. 72 do pass. Senate Bill No. 18 do not pass. Respectfully submitted, LINDSAY, Chairman.

Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report:

Mr. President:
Your Committee on Pensions has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 70 do pass, as amended.
Respectfully submitted,
KIMBROUGH, Chairman.

Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:

Mr. President:
Your Committee on Uniform Laws has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 7.
Respectfully submitted,
BRocK, Chairman.

736

JouRNAL oF THE SENATE,

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 9.

Senate Bill No. 10.

Respectfully submitted, . SHANNON, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 94.
House Bill No. 166.
House Bill No. 182.
House Bill No. 184.
House Bill No. 29.
Respectfully submitted,
PEEBLES, Chairman.

WEDNESDAY, FEBRUARY 3, 1937.

737

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

By Senator Pruett of the 32nd District-
Senate Bill No. 70. A bill amending Code Section 78204 of the 1933 Code defining widows of veterans are entitled to pensions in Georgia by amending Section so that widows as were married to such husbands prior to the first day of January, 1898, shall be entitled to a pension, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 72. A bill protecting trade-mark owners, producers, distributors, and the public against injurious practices in the distribution of competitive commodities bearing a distinguishing trade-mark, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 92. A bill to regulate primary elections in all municipalities having a population of 200,000 or more, and for other purposes.

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

By Mr. Culpepper of Fayette-

House Bill No. 4. A bill to regulate procedure in the

Superior Court; to prescribe rules for excepting to the

charge of the court or the failure to charge, and for other

purposes.



By Mr. Cochran of Thomas-

House Bill No. 7. A bill to amend an Act approved

August 17, 1920, entitled "Dentistry Practice Regulated,"

and for other purposes.



738

JouRNAL OF THE SENATE,

By Messrs. Peebles and Jones of Bartow-
House Bill No. 29. A bill to create a new charter for the Town of Taylorsville, Ga., and for other purposes.

By Mr. Harrell of Brooks-
House Bill No. 166. A bill to amend the Act approved August 2, 1912, establi'shing the City Court of Quitman, in and for the County of Brooks, defining its jurisdiction, powers, etc., and for other purposes.

By Messrs. McNall, Grayson, and Cohen ofChatham-
House Bill No. 182. A bill to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions. for old age and disabilities of the teachers and employees, and for other purposes.

By Messrs. Peebles and Jones of Bartow-
House Bill No. 184. A bill to revise into one Act the several Acts granting corporate authority to the City of Cartersville, Bartow County, and the several Acts amendatory thereof, and for other purposes.

The following bill of the S(nate having been set as a special order of business for the day was put upon its passage:

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 17. A bill to limit to five years the effect of the filing for record any mortgage, bill of sale to secure debt, retention of title contract, etc., and for other purposes,.

Senators Allen of the 31st District and Lindsay of the

WEDNESDAY, FEBRUARY 3, 1937.

739

34th District offered the following amendment:

To amend Senate Bill No. 17 as follows:

By striking the word "five" in Section 1 and inserting in lieu thereof the word "seven". Also, by striking the word "five" in Section 4 of said bill, and inserting in lieu thereof the word "seven" as often as same occurs therein and also by amending the caption of said bill so as to make it conform to this amendment.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

On the passage of the bill, as amended, the ayes were 27, the nays 2.

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

Senator Pruett of the 32nd District asked unanimous consent that the following bill of the Senate be recommitted to the Committee on Pensions:

By Senator Pruett of the 32nd District-
Senate Bill No. 70. A bill amending Code Section 78-204 of the 1933 Code defining widows of veterans who are entitled to pensions in Georgia by amending Section so that widows as were married to such husbands prior to the first day of January, 1898, shall be entitled to a pension, and for other purposes.
The consent was granted and. the bill was recommitted.

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

740

JouRNAL oF THE SENATE,

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 9. A bill to provide that the finding or judgment of a court of competent jurisdiction in a proceeding to test the sanity and mental capacity of a person shall, on the date of its rendition, be conclusive of his sanity and mental capacity, and for other purposes.
The report of the _committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 10. A bill to provide that prescription shall not run against the owner or holder of a mortgage, deed to secure debt, bill of sale to secure debt, or other instrument creating a lien on or conveying an interest in real or personal property as security for debt, and for other purposes.
Senator Harrell of the 12th District moved that Senate Bill No. 10 be recommitted to the Committee on General Judiciary No. 2. The motion prevailed.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 12. A bill to provide that any person who has been or may be discharged from The Milledgeville State Hospital shall after the date of his discharge be prima facie presumed to be and continue of sound mind and mental capacity, and for other purposes.

WEDNESDAY, FEBRUARY 3, 1937.

741

Senator Lindsay of th,! 34th District offered the following amendment to Senate Bill No. 12:
To amend Section 1 of said bill by adding after the word "Hospital" in the second line of said section the words "as of sound mind". Also to amend Section 3 by adding after the word "Hospital" the words "as of sound mind".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th District-
Senate Bill No. 39. A bill to amend an Act approved August 27th, 1925 in Counties of over 200,000 population by providing for payment into the county treasury of corporation taxes collected in said counties, and for other purposes.

The committee offered the following amendment to Senate Bill No. 39.
By striking all of the caption after the word population in the fifth line and substituting the following:
"So as to provide that the officers referred to in said Act shall collect, and pay into the County Treasury all commissions, fees and compensation now or hereafter prescribed by law for the collection of corporation, occupation and other special taxes, and by striking from said Act the provisions of that part of Section One thereof which requires sa:id officers to make other disposition of said commissions, fees and compensation, and for other purposes".

742

JouRNAL oF THE SENATE,

The committee amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th District-
Senate Bill No. 41. A bill to provide for a discount not exceeding 10% on the sale of tax executions in counties of more than 70,000 population, and for other purposes.
The committee offered an amendment.
The committee amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution of the Senate was read and adopted:

By Senator Spivey of the 16th DistrictSenate Resolution No. 31.

A RESOLUTION.
Whereas, the Senate is in possession of the sad information that the Mother of the Bon. Chas. S. Claxton, a prominent citizen of Johnson County and a former member of the General Assembly, died last night,

WEDNESDAY, FEBRUARY 3, 1937.

743

Therefore be it resolved, that this Senate extend its expression of deep sympathy to Hon. Chas. S. Claxton, and that a copy of this Resolution be forwarded to him.

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

By Senator Millican of the 35th District-
Senate Bill No. 42. A bill to provide that irregularities and errors shall not defeat collection of tax executions in counties of more than 200,000 population, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On ,the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Senator McCutchen of the 43rd DistrictSenate Resolution No. 17.

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, authorizing the City of Dalton to pass and enforce zoning and planning laws for said city,. and for other purposes.
Be it resolved by the General Assembly of the State of Georgia:-

744

JouRNAL or THE SENATE,

Section 1. That Paragraph 25 of Section '7 of Article 3 of the Constitution of the State of Georgia be amended by adding after the word "Moultrie" wherever it appears in said paragraph the word, "Dalton", so that said Paragraph 25 of Section 7 of Article 3, when so amended shall read as follows: "The General Assembly of the State shall have authority to grant to the governing authorities of the Cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, Moultrie, Dalton, and cities having a population of 25,000 or more inhabitants according to the United' States census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other and different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize the Cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, Moultrie, Dalton, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, to pass zoning and planning laws."

Sec. 2. Be it further resolved, that when said amendment shall be agreed upon by a two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House with the "ayes" and "nays" thereon, and the same shall be published in one or more newspapers having a general circulation 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 of this state for ratification. All persons voting at said election in favor

WEDNESDAY, FEBRUARY 3, 1937.

745

of adopting said proposed amendment to the Constitution shall have written or printed on their ballot the words, "For ratification of amendment to Paragraph 25, Section 7, Article 3, of the Constitution of the State of Georgia, authorizing the City of Dalton to pass and enforce zoning laws", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words," Against the amendment to Paragraph 25, Section 7, Article 3, of the Constitution of the State of Georgia, authorizing the City of Dalton to pass and enforce zoning laws"; and if a majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results . shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Paragraph 25, Section 7, Article 3, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof as provided by law.

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

On the passage of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Aultman
Brock Burgin Burrell Chason Clements Flynt Forrester Fowler Greer Griner Hampton

Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye

Patten Peebles Phillips Pope Pruett Purdom Sammon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

746

JouRNAL OF THE SENATE,

Verification of the roll call was dispensed with.
The ayes were 45, the nays 0.
The resolution having received the requisite twa-thirds constitutional majority was adopted.
Not voting were: Senators Atwood of the 2nd District Ennis of the 20th District, Neely of the 36th District, Peterson of the 15th District, and Shannon of the 21st District.

The following bill of the Senate was read the third time:

By Senators Chason of the 8th District and Greer of the 13th District-
Senate Bill No. 45. A bill to amend an Act which revised the Health Laws of the State of Georgia and provided for the appointment of a State Board of He.alth by providing for a change in the manner of selecting a physician member of County Boards of Health, and for other purposes.

Senator Harrell of the 12th District moved that Senate Bill No. 45 be tabled. The motion was lost.
Senator Lindsay of the 34th District moved that Senate Bill No. 45 be postponed until Friday, February 5th, immediately after the period of unanimous consents. The motion prevailed and further consideration of Senate Bill No. 45 was postponed.

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

By Senator Chason of the 8th District-
Senate Bill No. 74. A bill to establish a State Planning Board for the study of matters relating to the physical, social, and economic development of resources of Georgia, and for other purposes.

WEDNESDAY, FEBRUARY 3, 1937.

747

Senator Millican of the 35th District offered the following amendment to Senate Bill No. 74:
By adding a new section to be known as Section 4, reading as follows:
"Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict herewith are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

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

By Messrs. Lanier, Harris, and Barrett of RichmondHouse Bill No. 33.

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, so as to authorize Richmond County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of the taxes received by the County in the year in which said loans are made; and for other purposes.

748

JouRNAL oF THE SENATE,

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, towit: "And except that Richmond County, in addition to the debts hereinbefore allowed, make temporary loans between March 1st and December 1st in each year, to be paid out of the taxes received by the county in that year, said loans to be evidenced by promissory notes signed by the Chairman and Clerk of the board having charge of the leving 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."

Sec. 2. Be it further enacted by the authority aforesaid, 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 amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph one, of the Constitution, authorizing Richmond County to make temporary loans", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amend

WEDNESDAY, FEBRUARY 3, 1937.

749

ment of Article Seven, Section Seven, Paragr~ph One, of the Constitution, authorizing Richmond County to make temporary loans," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article Seven, Section Seven, Paragraph One of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law.

Sec. 3. All laws and parts of laws m conflict herewith are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, 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:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Flynt Forrester Fowler Greer Griner

Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Knabb Lindsay McKenzie Millican Moye Patten Peebles

Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

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JouRNAL oF THE SENATE,

The ayes were 44, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
Not voting were: Senators Ennis of the 20th District, Hampton of the 41st District, Kimbrough of the 25th District, McCutchen of the 43rd District, Neely of the 36th District, and Peterson of the 15th District.

By Mr. Evans of McDuffie-
Hause Bill No. 54. A bill to be entitled an Act to amend an Act to "Abolish the office of Treasurer of McDuffie County", and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mrs. Mankin of Fulton and others-
House Bill No. 89. A bill to amend the Act of 1924, relating to the Criminal Court of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Almand of the 50th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Special Judiciary, read a second time, and recommitted to the Committee on Special J udiciary:

WEDNESDAY, FEBRUARY 3, 1937.

751

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 77. A bill regulating and providing for the effect of conveyances and encumbrances of property of a deceased person before and after a year's support is set apart, and for other purposes.
The consent was gran ted and the bill was read a second time and recommitted to the Committee on Special Judiciary.
The Senate took a short recess 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:

Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the House, to-wit:

By Messrs. Ennis and Moore of Baldwin-
House Bill No. 275. A bill to be entitled an Act to appropriate money for the purpose of paying the legal unpaid indebtedness of the Milledgeville State Hospital incurred prior to January 1, 1937, in the amount of $319,547.63, and for other purposes.

The following bill of the House was read the first time and referred to the committee:

By Messrs. Ennis and Moore of Baldwin, Sutton of Wilkes, and Key of Jasper-
House Bill No. 275. A bill to appropriate money for

752

JouRNAL OF THE SENATE,

the purpose of paying the legal unpaid indebtedness of the Milledgeville State Hospital incurred prior to January 1, 1937, in the amount of $319,547.63, and for other purposes.

Referred to Committee on Appropriations.

The following privilege resolutions were read and adopted:

By Senators Burgin of the 24th District, Harrell of the 12th District, and Fowler of the 39th District-
A resolution extending the privileges of the floor to Hon. D. G. Bland, a prominent citizen of Stewart County.

By Senator Spivey of the 16th DistrictA resolution extending the privileges of the floor to Mi!)s
Gertrude Lyle, the charming and efficient Secretary to His Excellency, the Governor.
By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Hon. P. L. Lindsay, Jr., son of the Senator of the 34th District.
By Senator Jackson of the 14th District-
A resolution extending the privileges of the floor to Mrs. J. H. Ennis, wife of the Senator of the 20th District.
By Senator Jackson of the 14th District-
A resolution extending the pri~ileges of the floor to Hon. 0. F. Franklin of Eastman.
Senator Harrell of the 12th District moved that the Senate do now adjourn.
Senator Lindsay of the 34th District asked unanimous consent that when the Senate adjourn today, it stand

WEDNESDAY, FEBRUARY 3, 1937.

753

adjourned until tomorrow mornmg at 8:45 o'clock. The

consent was granted.

;

The motion by Senator Harrell of the 12th District prevailed.

The President announced that the Senate stood adjourned until tomorrow morning at 8:45 o'clock.

754

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, FEBRUARY 4, 1937.
The Senate met, pursuant to adjournment, at 8:45 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Atkinson of the 1st District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Atkinson of the 1st District asked unanimous consent that a committee. of two be named by the President to act with a like committee from the House to notify the Governor of the Joint Session and escort His Excellency to the Hall of the House of Representatives. The consent was granted and the President named on the part of the Senate the following:
Senators Pope of the 7th District and
Peebles of the 18th District.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Lindsay of the 34th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:

THURSDAY, FEBRUARY 4, 1937.

755

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. First reading and reference of House bills.
5. Special orders.
6. Putting on their passage general and local Senate and House bills and resolutions ready for third reading.
The consent was granted.

Senator Phillips of the 29th District asked unanimous consent that the following bill of the House be withdrawn from committee, read the second time; and re-committed to the Committee on Highways and Public Roads:

By Messrs. Sutton of Wilkes, Key of Jasper, Harris of Richmond, Hill of Screven, and others-
House Bill No. 18. A bill to be entitled an Act to create a Department of Public Safety for the State of Georgia and the various divisions thereof, and for other purposes.
The consent was granted and House Bill No. 18 was withdrawn from committee, read a second time, and recommitted to the Committee on Highways and Public Roads.
The hour of 9:00 o'clock having arrived the members of the Senate proceeded to the Hall of the House of Representatives and the joint session was called to order by Hon. John B. Spivey, President of the Senate.
Senate Resolution No. 28, which provided for the joint session, was read by Bon. John W. Hammond, Secretary of the Senate.

756

JouRNAL OF THE SENATE,

The Hon. E. D. Rivers, Governor, escorted by the joint committee of the Senate and House, accompanied by members of his family and distinguished guests, entered the hall and occupied seats reserved for them, the Governor being seated on the Speaker's dias.

President Spivey presented to the General Assembly, His Excellency, the Governor, who in turn introduced Hon. John T. Lambert, publisher of the Washington Times, who spoke briefly to the joint session.

The Governor then delivered his message, which was as follows, to-wit:

MR. PRESIDENT, MR. SPEAKER,
LADIES AND GENTLEMEN oF THE AssEMBLY:
At the outset I wish to congratulate you for the splendid progress you have made towards carrying out the mandate of the people of Georgia and the Democratic Party Platform. The people of Georgia wanted a return to the operation of their State government by law. You have done this for them in record time. While you have only been in regular session eight working days you have passed legislation revising the fiscal year, thereby making the operation of all departments of the government uniform with the federal government. You have opened the treasury with a general appropriations bill instead of a blow torch. Never before in the history of Georgia has a general appropriations bill been passed with. as much dispatch and harmony. On every hand the people are commending you, and I want my official commendation of this wonderful service in restoring our State to law and order to be carried permanently in your records.
Not only have you restored the State to law and order, by the passage of the general appropriations bills, but you

THURSDAY, FEBRUARY 4, 1937.

757

have made splendid progress towards the passage of school and social security legislation. Your record in the Interest of humanity by passing this legislation promptly to serve the needs of the young and the old of our State not only justifies the fulsome praise of the people of Georgia, but will be a source of pride and comfort to you throughout your lives. I appreciate the fact that you are giving legislation to carry out the Democratic platform and the campaign issues, upon which you and I were elected, right-ofway. These major matters that were direct issues in the campaign and are called for in the Democratic platform should very properly be given first consideration by you, and I am grateful that you share this view. I understand your calendars contemplate the final enactment of all phases of the educational and social security program within the next few days. In giving right-of-way to this legislation you not only are carrying out the party platform, not only helping suffering humanity in our State, but you are making it possible for us to take advantage of millions of dollars of federal funds, so that your planned promptness in acting on this legislation will mean much in actual money to the people of Georgia.
Having restored the State to law and order by passage of the general appropriations bill, having virtually completed the passage of the educational and social security legislation, I wish to recommend to you the passage of laws to carry into effect some of the other major items that constitute the Democratic party platform of our State.
Before taking up these further items, however, let me thank you for the promptness with which you are passing the special appropriation bill to pay the huge debt of more than $300,000.00 left over by the last administration against the State Hospital at Milledgeville. While this debt is not of our making, still we cannot let suffer the innocent people, who dealt with the last administration on the faith of its widely self-advertised boasts of paying everything out of debt.

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JouRNAL oF THE SENATE,

RURAL ROUTE ROADS.
The Democratic platform, adopted at Macon, Georgia, October 7, 1936, provides:

"That the Rural Free Delivery routes be incorporated into the system of public roads in such way as to entitle them to the expenditure of federal and State monies for the proper development thereof. It is essential to build not only trunk lines but to develop on a proper basis these rural routes so as to enable our people to reach the markets for the transaction of their business, both sales and purchases."

There are approximately 90,000 miles of rural routes in Georgia. Those of us who have been using a rural route program for Georgia realize that we cannot, of course, place all these rural route roads in the present State highway system by reason of the large mileage. At the same time, we have always felt that there should be some program started that will look to ultimately having our rural roads in passable condition all seasons of the year. What we, of this administration, should do, in my opinion, is to lay the foundation and make a substantial start to that important end.

You may talk" back to the farm" all you please at luncheon clubs; you may preach "back to the farm" movements from the stump and in the press without end; but you will never be able to attract the youth of this State to the farm until you give the~ the governmental services, the comforts and conveniences that they should have on the farm.

In building a system of rural routes you penetrate into the remotest sections of the State and give them a road upon which they can travel the year around. What inducement . is it for a young man, when he marries, to go out into the rural section and settle down on a farm and rear his children,

THURSDAY, FEBRUARY 4, 1937.

759

with only a four or five months term of school, a road that bogs him down in wet weather and, if he has a radio even, he must use a battery set. In your seven-months-schoolterm bill you are taking care of the farmers' schools. With the rural electrification program of the President, with which we expect to cooperate 100%, we will give the farmer electricity, so he can have his radio and the comforts and conveniences to which he is entitled in that respect. And, with this rural route program, you will begin giving him allweather roads, over which he can send his children to school and carry on his business intercourse with the villages, towns and cities of the State.

In Georgia we have what might be termed three separate and distinct systems of highways. Our State and federal aid system, which is designated by the General Assembly, and constructed and maintained with the fuel oil and tag taxes; the county road system, designated by the county authorities, and constructed and maintained with an ad valorem tax and one cent a gallon of the gasoline tax; and the rural route system, designated by the federal government and, by an Act of the General Assembly, put on the counties to maintain with their ad valorem tax.

There are two classes of these three that the federal government in all equity and good conscience should help maintain and construct: The trunk line routes, which accommodate interstate commerce, which they are now helping through our State highway department; and the rural routes that are United States post roads, over which the federal government transports its mail.
When the federal government first started giving highway money to the States, I understand there was a requirement that 80% of the money so given should be spent on rural routes. In making this requirement the federal government set a precedent of recognizing its obligation to help maintain and construct rural routes. Later, I understand,

760

JouRNAL OF THE SENATE,

this requirement that 80% be spent on the rural routes was, by an act of the General Assembly, put on the counties. I believe that with a State program for rural routes we will be able to initiate a program of rural route construction that will cause the federal government to recognize its responsibility to help us with the rural routes and enable us to get millions of dollars of extra road money from the federal government for this purpose. I also, understand that under existing laws and regulations the Federal Government itself cannot initiate road projects in the State, nor can it deal directly with the counties on initiating projects. Therefore, it will be necessary for the State to initiate this rural route program.

Some have said that in the event the federal government should give extra money to Georgia for our rural routes that they would ultimately have to do the same thing in all the States. I grant this to be true and think that properly they should help the rural routes in all the States. And, in the event they do, Georgia will fare better than any State save seven, because I am informed that we rank eighth among all the States, in the total rural route mileage.

When we have set up our rural route system I am convinced we will be able to get W. P. A. money, now being spent on farm-to-market roads, handled under the direction of our rural route director, and this money coordinated in developing the rural routes because they are farm-tomarket roads as well as rural routes.

I do not think we should set up a new board or commission to handle the rural routes. I think however, that we should see to it that the rural route program is entirely separate and distinct from our present State highway program, so that there can be no co-mingling of the funds of the two programs, nor juggling of the rural route mileage into, or with, the present State highway mileage, without an act of the General Assembly. I believe the program can

THURSDAY, FEBRUARY 4, 1937.

761

be accomplished by the passage of a bill, authorizing the present highway department to setup within its organization, and subject to its control, this rural routes program, so wording the legislation as to keep the funds and the work and the mileage of the rural routes program entirely separate and distinct from the funds and mileage of the present State highway department.
A bill to this end has been introduced, and I trust, with such amendments, if any, as you may see proper, that you will enact this legislation, authorizing the setting up of the rural routes system.
When you have passed legislation, authorizing the setting up of the rural routes system, it will be necessary for you, of course, to provide State funds for this program. I do not think it wise to further divert the present highway funds for this purpose. We already divert 50% of the present State six cents gasoline tax in the following manner: One cent to schools for the equalization fund, one cent to counties for their county roads and one cent to the counties to retire their outstanding bonds. Therefore, there is now left only three cents of the six cents gasoline tax for construction and maintenance of our present State and federal aid system. The demands for widening, resurfacing and double-tracking roads on the main system, and the large amount of mileage recently added to the main system, to meet increasing traffic demands, make it necessary, in my opinion, that we retain the three cents for the main system.
The maintenance fund has been cut considerably anyway through the $3.00 tag, and I do not believe it wise to divert any of the $3.00 tag money from the main highway system.

Then too, with the State Highway Department left deeply in debt, to the extent of approximately three million dollars, we are going to be hard pressed to meet our matching ::>f federal funds in time to keep from losing them without further diversion at this time.

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JouRNAL oF THE SENATE,

I have never felt, and I do not now feel, that the $3.00 flat tag is right for trucks and buses. In the early days of the last administration, in a desperate effort to harmonize the General Assembly and the executive department of the government, I consented to go along with the $3.00 tag. I did it considerably against my best judgment and by reason of an obligation which rests heavily upon the Speaker of the House and the President of the Senate to cooperate with the executive department where possible. Having watched the $3.00 tag work, I am more convinced than ever that it is not right as applied to trucks and buses. Those who advocated the $3.00 tag for trucks and buses said it was for identification only, although the law prescribes that it be for "identification, maintenance, and regulation." Having treated it, however, solely for identification, we are certainly justified in levying a separate maintenance tax on trucks and buses, in addition to the $3.00 tag, this maintenance tax to have the same effect in practice as a graduated tag scale on trucks and buse..

I also, believe that this maintenance tax, when levied, should be distributed to the counties to assist in maintaining and constructing rural routes and in order to lay the basis for federal matching on rural routes. The reason I believe it should be distributed to the counties for rural routes are three-fold.

Trucks and buses, as a whole, do not confine their travel to the main highway system, but go out into the rural sections. Even occasional trips on rural roads by trucks and buses do a great deal of damage. As an illustration: In my home county a few months ago a truck went out into the eastern section of the county, loaded up heavily with cattle, and tore up six bridges on the rural roads of my county before it left the county. Yet, not a dime did it
pay in taxes to help reconstruct those bridges on rural
.routes.

THURSDAY, FEBRUARY 4, 1937.

763

In the next place, when you are maintaining and constructing rural routes for all weather travel, you are opening up territory where trucks and buses can operate. You make it possible for them to travel on the rural routes and serve the people in the rural sections the year round. It would cert'ainly be to the advantage of the trucks and buses, as well as our farmers, to spend the money on rural routes for this reason.

Last, but not least, the heavy burden of taxation IS through local taxes-county, municipal and school. I want this administration to help lift the local tax burden that is almost to the point of confiscation of property. By giving this money to the counties for their rural routes and getting more federal money for that purpose, we will enable the county to reduce its ad valorem road tax and thereby relieve some of the burden on the local taxpayer.

I, therefore, recommend that you pass legislation placing a maintenance tax on trucks and buses to have the same practical effect as though a graduated tag tax, and that you direct that this money be spent through the highway department on rural routes, and that the money be apportioned to the counties proportionately as their respe~tive total rural routes mileage bears to the total rural routes mileage of the State.
I recommend that the maintenance tax levied be sufficient in amount, and properly adjusted in proportion to the size or tonnage of the trucks and buses, so that we can raise in that manner $3,000,000 to give to the counties in this rural routes program. With this $3,000,000 we have every reason to believe that we will have opportunity to secure at least $3,000,000 of federal funds for this purpose. The present distribution of one cent a gallon gasoline tax gives to the counties approximately two and a half to three million dollars annually. So that, by raising $3,000,000 through the maintenance tax on trucks and buses, we will be able to

764

JouRNAL oF THE SENATE,

give the counties as much money for their rural routes as they now get from the one cent a gallon gasoline tax for their county road system. This will enable the reduction in road ad valorem tax in Georgia at least $3,000,000.

With the passage of these two bills, the General Assembly will lay the foundation for a program of rural route construction that in a few years will work wonders for the farmers in the rural sections of Georgia. With your sevenman ths term and free school book bills you are going to see great results for the farmer in his schools. With these two rural route bills you are going to see great results for him in his roads. You will thereby make it more attractive for the youth of Georgia to live and rear their families on the farm, which is tremendously important for a proper balancing of the economics of our State and insure prosperity for our people.

In view of the fact that a part of the first quarter of the year will have passed before the enactment of this legislation, I suggest that you permit the maintenance tax to be paid this year on the basis of three-quarters of the annual tax henceforth. I suggest that the collection of the maintenance tax be put in the Motor Vehicle Department, and that the maintenance tags be issued in such manner as to enable the present personnel, administering and enforcing the $3.00 tag tax, to administer and enforce the maintenance tag tax with little added cost.

HIGHWAY REORGANIZATION.
While treating of the question of rural routes, I would like to call attention of the Assembly to the following provisions of the Democratic platform:
"We recommend to the legislature that it take all needed steps to lawfully reorganize the State Highway Department and Board of Control, and that all necessary laws be passed

THURSDAY, FEBRUARY 4, 1937.

765

to secure for the future the honest administration of those departments in the spending of the State's money."

There can be no doubt, in my opinion, that this provision specifically calls for a change in the personnel of the State Highway Department, in addition to the general mandate given by the people at the polls, to rid the State government of every vestige of the last administration. Two members of the highway board respected the mandate of the people and respected the platform of the Democratic Party by tendering their resignations. Their places have been filled by appointees acceptable to the State Senate, and I trust and believe that the people of Georgia will be pleased with the administration of the department during their tenure of office.

However, the third member of the former highway board has thus far refused to accept the verdict of the people at the polls and defies the mandate of the Democratic Party. Delegations of citizens from the Northern District of Georgia have called on me and urged the view, that since this third member persists in his refusal to accede to the mandate of the people, that he leaves them in effect without representation in the administration of the highway department, for the reason that the views and administration he espoused have been repudiated by the people and are not in accord with the views and administration of the new majority of the board. These people have appealed to me, and I in turn appeal to you to give them relief.
I am left with no other alternative than to recommend that you reorganize the department, in order that we may do what the people have willed to be done in this department.
In reorganizing the highway board, I am sure, I need not dwell upon the necessity of care and consideration in every detail. This department tremendously affects the welfare

766

JouRNAL oF THE SENATE,

and progress of Georgia. It expends the bulk of the revenue of the State. Its administration affects the safety, as well as the progress, of our people. The federal government furnishes a major part of the money expended. The federal government deals with all the States and has had wide experience with State highway departments. I trust I will not seem officious in suggesting the probably desirability of giving due consideration to the views of the federal government, based on their years of experience with the different States, and, also, due consideration to the experience itself of the various States, when, and if, you reorganize the State Highway Department.

CIVIL SERVICE.
While not an issue in the last campaign directly, the merit, or civil service, system of retaining employes was indirectly involved in that there was an issue joined with the last administration on its policy of firing employees who did not regale their cars with the political stickers of administration candidates, who failed to distribute literature of favorite candidates, and who failed to go and haul people to political rallies of administration favorite candidates, all at public expense.
Following the primary the Democratic Convention put a specific provision in the party platform, urging ci vii service. The language is as follows:
"We recommend to the Legislature that some effective plan be adopted by law whereby a system of civil service for State employees can be adopted, or other appropriate laws enacted, which will protect employees from the threat of executive disapproval."

There is good reasoning, both for and against civil service, for State employees. I had had in mind leaving the matter of civil service to a general recommendation that all features

THURSDAY, FEBRUARY 4, 1937.

767

of the platform be enacted into law. Since my inauguration, however, my experience with the employment problem of the State government has been such that I have definitely concluded that a system of civil service is almost mandatory for an efficient operation of the State government.

The present system is not only unfair to the taxpayers and to the employees, but it is unfair to those who have to give out the employment places and to those who are applying for the places.

The least the Governor and department heads can do for applicants, it seems is to be courteous and give them an audience and answer their letters and applications. As citizens of the State, they have the right to expect at least this much consideration. But, if the Governor or the heads of the departments do this, in view of the huge number of applicants, it would be not only impossible for them to do anything else in carrying out their necessary functions and duties, but it would also be impossible to see the daily applicants as much as a minute each. Besides this, the amount of money spent by the applicants and their friends, coming to Atlanta in transportation, hotel bills, telephone and telegraph bills, is unfair to these applicants. We have been receiving applications at as high rate as seven or eight hundred per day through the mail. I try to see everyone who wants to see me. I feel a Governor should do this, if possible. I rarely get to eat my noon-day meal, and I am forced to stay up till after midnight every night, and often as late as two or three o'clock in the morning, and then arise anywhere from 6:30 to 7:00 o'clock, which is a schedule humanly impossible to maintain without wrecking one's health. And, yet, even with this strenuous schedule, I cannot see anything like all the people who want to see me. Of course, I cannot begin to give any time to refereeing the employment of people by the various departments. I do not think I am exaggerating at all when I say there have been nearly 50,000 applications for employ-

768

JouRNAL oF THE SENATE,

ment in the State government since the primary last September. My heart goes out to these people. Nearly all of them need employment. The temptation to load the payrolls beyond capacity in an effort to help them is great upon anyone who has a heart. There is no human way to even canvass these applications and do anything else. I haven't had an opportunity to answer a dozen letters since I have been Governor. I have had no chance to dictate my mail.
I cannot continue letting my mail go unanswered. It is not
fair to those who have business with the State and who
cannot come to see me personally. It is only at the expense
of offending a lot of people, who should not be offended by any Governor, by not seeing them, that I get an opportunity to attend to any of my duties. I am not complaining; I am simply explaining.

The same thing that applies to me applies to a great extent to you members of the General Assembly and the heads of practic~lly every department of the Capitol.
It is a situation that is unfair to everybody concerned. It
is unfair to the applicant for employment; it is unfair to the taxpayers; and it is unfair to the officials. Despite objectionable features of it, the only way I see to handle the State employment situation at all satisfactorily is by civil service, so that all applications will go to one source. The applicants will understand that they are selected on merit and once selected can devote their time to their duties rather than spending the State's money building speaking platforms and hauling literature for candidates.

I, therefore, recommend that legislation be enacted setting up a merit system through civil service, in such manner as you may see proper. I have no suggestions as to detail, and the matter of how you set it up is entirely with you. I will do my best to have the law administered in whatever form you see proper to enact it.

THURSDAY, FEBRUARY 4, 1937.

769

NATURAL RESOURCES.
For several years I have been firmly convinced that a coordination of the departments of the State government dealing with natural resources, under one general directing head, would bring about more efficiency and economy in operation and would secure a wider and more rapid conservation and development of our natural resources. When I ran for Governor in 1928, I advocated a consolidation of the natural resources departments into one department of conservation. Again in 1930, I advocated the same principle. When I was elected Speaker of the House in 1933, those of you who were members of the House at that time will reca11 that I discussed with you in conferences, with reference to your committee assignments, this question of a conservation department. And likewise, in 1935, in my legislative conference with you about committees, looking to the convening of the Assembly and my reelection as Speaker, I again discussed this question with you. However, the last State administration, while willing to a consolidation, wanted to put the consolidated departments under the Commissioner of Agriculture. I did not then, and do not now, believe that the Natural Resources Department should be put under the Commissioner of Agriculture and that being the only manner in which I could accomplish it at the time, I did not insist upon pushing the legislation.
In the last campaign, in practically every speech I made, I urged a program of coordination of our natural resources departments in such manner as to properly develop the resources of our State. The Macon Platform urges the cooperation of our State with the federal government upon a sane and constructive conservation program of all of our natural resources.

There are three measures that I feel will be helpful to a full cooperation with the federal government and will enable us to secure maximum benefits from the federal government in the development of our natural resources.

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JouRNAL oF THE SENATE,

These measures are: the creation of a planning board, the coordination of the natural resources departments through the reorganization of the present different natural resources departments into one natural resources department, and a severance tax measure, allocated to the natural resources department, to be apportioned among the divisions of that department.

While I am not insisting upon any special details of the severance tax, I would like for the General Assembly to consider a severance tax similar to other states similarly situated and, in the event you see proper to enact it, which I recommend that you do in such form as you think best, I urge that, in enacting it, you definitely allocate the funds derived from it t9 the support of the various divisions of the natural resources department. In severing a natural resource from the land, it seems but fair to me that a fund be provided by a severance tax to be used in replacing that resource and in developing generally the natural resources, so that the severance of any natural resource will not serve to finally impoverish the State of its natural resources. I do think, however, that when such a severance tax is levied that it should go entirely to a fund of replacement and expansion of natural resources.

While I have thought that a coordinated department, covering all natural resources, should be called a "conservatibn department," I am inclined to the term used by the federal government: "Natural Resources," rather than "Conservation." I, therefore, recommend that instead of calling the coordinated department "The Conservation Department" that we call it "The Natural Resources Department," and dove-tail our terminology with that used by the federal government.
In reorganizing the pre~ent departments into a natural resources department, I recommend that there be a separate and distinct division for each of the following natural re-

THURSDAY, FEBRUARY 4, 1937.

771

sources activities: Forestry-Parks and Natural HistoryMines and Mining-and Game and Fish.

A Mining division will, I am convinced, more fully accomplish the practical result of furnishing authentic reports upon which we can attract capital to our State for min,ing purposes. It would not be the purpose to abolish the work of the geologist. The geologist would fit into the mining division as a necessary part. We have untold possibilities in Georgia for developing a broad program of mining that should bring millions of dollars into this State, and should result in the raw materials being manufactured into the finished product here, instead of being severed here and .transported into some other State for manufacture. A mining report is such that capital can, with reasonable accuracy, forecast the amount of money necessary to be invested in a given mine and estimate reasonably accurately
the returns from such an investment. As I understand it,
a geological report does not give the information on which to predicate a capital investment for mining development. For this reason I recommend that in setting up this division in the natural resources department that it be termed and established as a division of Mines and Mining, in which a geologist will have his part in the program, rather than calling it a geological division.
It is not contemplated that the activities of these four divisions will be merged in any way, or the funds cO-mingled, or the work in any way consolidated.

Forestry will be kept separate and distinct as a division, under a State forester, and the funds of the department will be kept separate and distinct, and the activities in every . way separate and distinct.

The Parks and Natural History division and its activities
will be separate and distinct in the same manner.

772

JouRNAL OF THE SENATE,

The division of Mines and Mining and its activities and funds will be kept separate and distinct under a mining engineer and geologist.

The Game and Fish Department will be kept separate and distinct in activities, funds and administration in the same manner, except that it is recommended that a sub-division of the Game and Fish Department be devoted exclusively to developing the commercial fishing of our State. We have untold possibilities for commercial fishing. Yet, this work has been neglected to such an extent that, while Georgia formerly produced all of the oysters it consumed, and exported some, we now import 75% of our oysters, and the inspection service has been so neglected that commercial fishermen, who gather oysters on the Georgia coast, are forced to take them to South Carolina for inspection, in order that the oysters will pass the requirements of the export trade. There has been such a neglect of commercial fishing that I feel justified in recommending that a separate and distinct sub-division, under the Game and Fish Division, be dev:ated exclusively to commercial fishing and an allOcation of funds to the subdivision be made in such manner as to give as much help as possible to our commercial fishing.

While the activities of the divisions will be separate and distinct, there will be a coordination of their activities through the Director of Natural Resources in such manner as to dove-tail the natural resources activities of Georgia with the natural resources program of the federal government in every respect. While there will be an added expense of probably $10,000 per year from the director and his clerical force through the coordination of the natural resources divisions, this expense will be saved many times. over in economy and efficiency through proper coordination, which, in my opinion, seems so necessary that there is no need to go into detail in this message. In addition to the increased efficiency and economy accomplished through coordination, in my opinion, the increased benefits derived

THURSDAY, FEBRUARY 4, 1937.

773

through the operation of such a coordinated natural resources department with the federal government will many times over make up for the small item of apparent increase in expense. Instead of taking money away from any one of the divisions, or departments as they now exist, the legislation contemplates increasing the revenue for the support of these departments through the severance tax and through federal benefits.

The federal government also has a planning program, that is advisory in nature, to all the departments of the State government and looks to a coordinated activity of departments, not necessarily interrelated. Every State in the nation, I am informed, except two-Georgia and Delawar~have set up a planning commission to cooperate with the federal government, and are procuring these added benefits from the federal government. The three departments of the State government probably most vitally concerned with such a planning commissi~n are highways, health, and natural resources. The planning legislation contemplates making the Director of the Natural Resources Department, the Director of the State Board of Health and a member of the State Highway Board, three of the members of the Planning Commission. Added to these three will be such number of citizens-probably four, as a suggestion-from the State at large as may appear practical for our State situation.

We have in our State, fortunately, an outstanding Georgian, who has given considerable thought and study to the planning program and who is now, as I understand, the representative of the Federal Planning Commission in the Southeastern States. I refer to Hon. H. T. Mcintosh, of Albany, Georgia. I have discussed this planning program with Mr. Mcintosh at considerable length on different occasions. In the event the planning legislation is passed it is my purpose to insist upon Mr. Mcintosh becoming Chair-

774

JouRNAL OF THE SENATE,

man of the Planning Commission. I also expect to insist on Dr. H. C. Herty serving on this commission.

In view of the broader scope of general planning that will, within itself, cover forestry and other natural resources, it is suggested that the forestry board be discontinued and that department operated as a division of the natural resources department, under a trained forester, instead of under a forestry board. The planning commission will, to all intent and purpose, apparently fill the broader need and by following this suggestion there will be one board or commission eliminated at the same time we are creating another commission.

It is not contemplated that the members of the planning commission draw any salaries or compensation, other than expense. Since initial planning in Georgia will involve in large measure highways and grade crossings, in view of the amount of money to our credit with the Bureau of Federal Roads for that purpose, it is suggested that the initial expenses of the planning board, which would not be a very large item-probably $15,000 per year-could be borne by the highway department. As I understand it, the federal government will match this activity by furnishing certain permanent staffs to the planning commission.

TAXATION.
I told you in our series of legislative conferences, prior to the opening of the session, that I was having certain tax information gathered for the benefit of the . Assembly. This work has necessarily been tedious and slow. It is still
being carried on. As soon as parts of it are completed to a point where I can have it furnished to you, which I hope will be within the next few days, I will do so. For reasons explained to you in these conferenc'es, we were delayed in getting this work started. Different groups are carrying on different parts of the work, and I am assured they are

THURSDAY, FEBRUARY 4, 1937.

775

doing their best to get this information concerning taxation, so that you may have the benefit of these facts in determining a tax program. As soon as all of this information, or a sufficient amount of it, is available, I expect, at your pleasure, to come before you with a special meassage on taxation. I would like to time that message to fit your calendar convenience for special and exclusive consideration of the question of taxation.

OTHER PARTS OF DEMOCRATIC PLATFORM.
I am seeking to bring you a message on some part of the program each week to ten days, so that I may keep step with your progress in the Assembly, in carrying out the mandate of the people and the Democratic Party Platform. I trust that you will be able to conclude legislation covering the items of this message and the items of my first message, or such parts of the items as in your wisdom you may think proper to enact, within the next week to ten days as you contemplate.

Then, in my next message, I would like to discuss with you especially home and household and kitchen furniture exemptions, together with other portions of the Democratic Party Platform.

CONCLUSION.
In closing I wish to again thank you for the wonderful record you are making. It is not only a subject of comment in our own State, but other states, and the people in Washington are commenting upon the expeditious and harmOnious manner in whi-ch you are going forward to carry out the platform upon which you were elected, and upon which I was elected, and which was written into concrete form by the Democratic Convention as the Democratic Party Platform. The record you are making will be something our children's children can point to with pride. The enact-

776

JouRNAL OF THE SENATE,

ment of this program will mean progressive and humanitarian benefits, promoting the happiness and prosperity of our people, beyond what any of us are now capable of contemplating.

May you continue to have the blessings of God, the great Master Humanitarian of all, in your deliberations and proceedings.

Mr. Sutton of Wilkes moved that the Joint Session do now dissolve and the motion prevailed.

The members of the Senate returned to the Senate Chamber and the Senate was called to order by the President.

The following bills of the Senate were introduced, read the first time, and referred to the committees:
By Senator Millican of the 35th District-
Senate Bill No. 111. Providing that voluntary express trusts created by residents of this State and to be executed in this state shall be construed to be revocable during the life of the donor or grantor, unless otherwise expressly provided.
Referred to Committee on General Judiciary No. 2.

By Senator Millican of the 35th DistrictSenate Bill No. 112. A bill to amend Code of 1933 to
provide that any county may establish farms or other places of confinement for misdemeanor conduct.
Referred to Committee on Penitentiary.

By Senator Allen of the 31st District-
Senate Bill No. 113. To amend the Code of 1933 by providing that the amount of capital stock of a bank located

THURSDAY, FEBRUARY 4, 1937.

777

in a county which has no adequate banking facilities shall not be less than $15,000.00.
Referred to Committee on Banks and Banking.

By Senator Harrell of the 12th District-
. Senate Bill No. 114. To prescribe the penalty of purJury.
Referred to Committee on General Judiciary No. 2.

By Senators Purdom of the 46th District, Chason of the 8th District, Harrison of the 17th District, Fowler of the 39th District, and Williams of the 5th District-
Senate Bill No. 115. A bill to be known as "The Entomology Act of 1937."
Referred to Committee on Agriculture.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House and Senate, to-wit:

By Mr. Grayson of Chatham-
House Bill No. 2. A bill proposing an amendment to the Constitution of Georgia so as to provide for payment of old age assistance, needy blind, dependent children, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 28. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

778

JouRNAL OF THE SENATE,

By Messrs. Grayson of Chatham; Harris of Richmond, and Gross of Stephens-
House Bill No. 124. A bill to be entitled an Act to establish a state wide general election in addition to those elections now provided, and for other purposes.

By Mr. Pilcher of Warren-
House Bill No. 164. A bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of Warrenton, Ga.," and for other purposes.
By Messrs. Peebles and Jones of Bartow-
House Bill No. 215. A bill to be entitled an Act to amend an Act to create a City Court in the County of Bartow, and for other purposes.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 222. A bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of East Point, and for other purposes.
By Mr. Booth of B~rrow-
House Bill No. 252. A bill to be entitled an Act to incorporate the town of Hill, Ga., in the County of Barrow, and for other purposes.

By Messrs. Smith, Leonard, and Elliott of Muscogee-
House Bill No. 277. A bill to be entitled an Act extending the corporate limits of the City of Columbus, Ga., and for other purposes.

By Mr. Marshall of MaconHouse Bill No. 289. A bill to be entitled an Act to fix

THURSDAY, FEBRUARY 4, 1937.

779

the compensation of the County Commissioners of Macon County, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 290. A bill to be entitled an Act to amend the charter of the City of Brunswick, and for other purposes.

By Mr. Whitaker of Clayton-
House Bill No. 294. A bill to be entitled an Act to amend an Act to consolidate the several Acts incorporating the City of Jonesboro, and for other purposes.

By Mr. Musgrove of Clinch-
House Bill No. 296: A bill to be entitled an Act to abolish County Court of Clinch County, and for other purposes.

By Mr. Musgrove of Clinch-
House Bill No. 297. A bill to be entitled an Act to amend the Act creating Board of Commissioners in and for Clinch County, and for other purposes.
Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and House and have instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 38 do pass.
Senate Bill No. 40 do pass.

780

JouRNAL OF THE SENATE,

Senate _Bill No. 43 do pass. Senate Bill No. 4 do pass, by substitute. Senate Bill No. 77 do pass. House Bill No. 69 do pass. House Bill No. 65 do pass.
Respectfully submitted, AI.LEN, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

Your Committee on Counties and County Matters has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 109.

Senate Bill No. 107.

Senate Bill No. 106.

Senate Bill No. 105.

Senate Resolution No. 29.

Senate Resolution No. 30.

House Bill No. 64.

House Bill No. 97.

House Bill No. 174.

Respectfully submitted, JAcKsoN, Chairman.

THURSDAY, FEBRUARY 4, 1937.

781

Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 275.

Respectfully submitted, FLYNT, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No.2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 10.

Respectfully submitted, SHANNON, Chairman.

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President: Your Committee on Banks and Banking has had under

782

JouRNAL oF THE SENATE,

consideration the following bills of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 83 do pass. Senate Bill No. 84 do pass. Senate Bill No. 85 do pass. Senate Bill No. 81 do not pass. Senate Bill No. 80 do not pass. Senate Bill No. 82 do not pass.
Respectfully submitteci, KNABB, Vice-Chairman.

Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report:

Mr. President:
Your Committee on Pensions has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Resolution No. 34.

Respectfully submitted, KIMBROUGH, Chairman.

Senator Patten of the 6th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President: Your Committee on Education and Public Schools has

THURSDAY, FEBRUARY 4, 1937.

783

had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 123.
House Bill No. 125.
Senate Bill No. 25.
Senate Bill No. 27. Respectfully submitted, PATIEN, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation tha:t the same do pass:

Senate Bill No. 100.

Respectfully submitted, LINDSAY, Chairman.

Senator Purdom of the 46th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the Senate and has instructed me, as chainnan,- to report the same back to the Senate with the recommendation that:

784

JouRNAL oF THE SENATE,

Senate Bill No. 49 do not pass. Senate Bill No. 68 do pass, as amended.

Respectfully submitted, PuRDOM, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 233. House Bill No. 73. House Bill No. 25. House Bill No. 75. House Bill No. 157. House Bill No. 76. House Bill No. 45. House Bill No. 130. House Bill Ne>. 46. House Bill No. 42. Senate Bill No. 93. House Bill No. 175. House Bill No. 132.

Respectfully submitted, JACKSON, Chairman.

THURSDAY, FEBRUARY 4, 1937.

785

Senator Sammon of the 51st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 75.
Senate Bill No. 95.

Respectfully submitted, SAMMON, Chairman.

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

By Senator Millican of the 35th District-
Senate Bill No. 25. A bill to authorize Boards of Education of counties having a population in excess of 200,000 to borrow money for the operation of schools.

By Senator Millican of the 35th District-
Senate Bill No. 27. A bill to authorize Boards of Education in any county having more than 200,000 pop\llation to create a retirement fund for teachers and employees of county schools.

By Senator Millican of the 35th District-
Senate Bill No. 43. A bill to amend an Act establishing a Municipal Court in Atlanta, Ga.

By Senator Whitehead of the 30th DistrictSenate Bill No. 68. A bill to make it unla\Vful for any

786

JouRNAL oF THE SENATE,

mule or horse-trader to misrepresent the age of any mule or

horse for sale.



By Senator Millican of the 35th District-
Senate Bill No. 75. A bill to authorize the Insurance Commissioner to appoint investigators.

By Senator Knabb of the 4th District-
Senate Bill No. 83. A bill to amend the Code defining and limiting the liabilities of stockholders of banks.

By Senator Knabb of the 4th District-
Senate Bill No. 84. A bill to amend the Banking Laws relating to the reduction of surplus by losses.

By Senator Knabb of the 4th District-
Senate Bill No. 85. A bill to amend the Banking Laws requiring loans to officers, directors, agents and employees to be secured.
By Senator Millican of the 35th District-
Senate Bill No. 93. A bill to provide that any county having a population of more than 200,000 may take over and operate any public charitable hospital now maintained by any city located in said counties.

By Senator Lindsay of the 34th District-
Senate Bill No. 95. A bill to define contract of life insurance.

By Senator Lindsay of the 34th District-
Senate Bill No. 100. A bill to repeal a section of the Code of 1933 dealing with supplemental appropriations.

THURSDAY, FEBRUARY 4, 1937.

787

By Senator Shannon of the 21st District-
Senate Bill No. 105. A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Twiggs County.

By Senator Shannon of the 21st District-
Senate Bill No. 106. A bill to reduce the bond of the Sheriff of Twiggs County to $3,000.00.

By Senator Atkinson of the 1st District-
Senate Bill No. 107. A bill to remove the county site of Bryan County from Clyde to Pembroke.

By Senator Millican of the 35th District-
Senate Bill No. 109. A bill to amend an Act providing for the appointment of Jury Commissioners by excepting cities located in counties with the population of more than 200,000 ..

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

By Senator Shannon of the 21st District-
Senate Resolution No. 29. A resolution relieving M. C. Arnold as surety on the bond of M. L. Pope.

By Senator Shannon of the 21st District-
Senate Resolution No. 30. A resolution furnishing certain law books to Twiggs County.

By Senator Pruett of the 32nd District-
Senate Resolution No. 34. A resolution to amend the Constitution to provide that widows of Confederate soldiers married prior to the first day of January, 1898, will be eligible for a pension.

788

JOURNAL OF THE SENATE,

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

By Messrs. Hands and Baggs of Mitchell-
House Bill No. 25. A bill to repeal the Act creating the office of Tax Commissioner of Mitchell County.

By Mr. Cogdell of Glynn-
House Bill No. 42. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Glynn County.

By Mr. Cogdell of Glynn-
House Bill No. 45. A bill to increase the salary of the Tax Commissioner of Glynn County.

By Mr. Cogdell of Glynn-
House Bill No. 46. A bill to create a Board of Commissioners of Roads for Glynn County.

By Mr. Gross of Stephens-
House Bill No. 64. A bill to amend an Act providing for four terms a year of the Superior Court of Stephens County.

By Mr. Dollar of Grady-

House Bill}No. 65. A bill to amend an Act to establish

the City Court of Cairo.



By Mr. Harrell of Brooks-
House Bill No. 69. A bill to amend an Act establishing the City Court of Quitman.

THURSDAY, FEBRUARY 4, 1937.

789

By Messrs. Sanders and Hart of Coweta-
House Bill No. 73. A bill to amend the Act abolishing the offices of Tax Receiver and Tax Collector of Coweta County.

By Mr. Clark of Catoosa-
House Bill No. 75. A bill to abolish the offices of Tax . Receiver and Tax Collector of Catoosa County.

By Mr. Erwin of LamarHouse Bill No. 76. A bill to fix the bond of the Sheriff
of Lamar County of $3,000.00.
By Mr. Tate of PickensHouse Bill No. 97. A bill to provide for holding two
terms a year of the Superior Court of Pickens County.

By Messrs. Simmons of Decatur, Davis of Floyd, and others-
House Bill No. 123. A bill to provide for a minimum .school term of seven months in the public schools of Georgia.

By Messrs. Parker and Barlow of Colquitt, and others-
House Bill No. 125. A bill to establish a State Board of Education.

By Mr. Patten of Cook-
House Bill No. 130. A bill to fix the bond of the Sheriff of Cook County.

By Mr. Etheridge of Houston-
House Bill No. 132. A bill to reduce the bond of the Sheriff of Houston County.

790

JouRNAL OF THE SENATE,

By Mr. Dunn of Pike-
House Bill No. 157. A bill to reduce the bond of the Sheriff of Pike County.

By Mr. Guyton of Effingham-
House Bill No. 174. A bill to amend the Act creating the Board of Commissioners of Roads and Revenues for Effingham County.

By Mr. Rowland of Johnson-
House Bill No. 175. A bill to amend an Act relative to the County Commissioner of Johnson County.

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 233. A bill amending an Act establishing the City Court of Swainsboro.

By Messrs. Ennis and Moore of Baldwin, Sutton of Wilkes, and Key of Jasper-
House Bill No. 275. A bill to appropriate money for paying the legal unpaid indebtedness of the Milledgeville State Hospital, amounting to $319,547.63.

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

By Mr. Grayson of ChathamHouse Bill No. 2. A bill to amend the Constitution to
provide for payment of old age pension.
Referred to Committee on Public Welfare.

By Messrs. Grayson of Chatham, Harris of Richmond, and Gross of Stephens-
House Bill No. 124. A bill to establish a state wide

THURSDAY, FEBRUARY 4, 1937.

791

general election in addition to those now provided by law. Referred to Committee on Privileges and Elections.

By Mr. Pilcher .of WarrenHouse Bill No. 164. A bill to amend the charter of the
City of Warrenton.
Referred to Committee on Municipal Government.

By Messrs. Peebles and Jones of BartowHouse Bill No. 215. A bill to amend the Act creating
a City Court in Bartow County.
Referred to Committee on Counties and County Matters.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 222. A bill to amend the charter of the City of East Point.
Referred to Committee on Municipal Government.
By Mr. Booth of BarrowHouse Bill No. 252. A bill to incorporate the Town of
Hill, Georgia. Referred to Committee on Municipal Government.
By Messrs. Smith, Leonard, and Elliott of MuscogeeHouse Bill No. 277. A bill extending the limits of the
City of Columbus. Referred to Committee on Municipal Government.
By Mr. Marshall of MaconHouse Bill No. 289. A bill to fix the compensation of
the County Commissioners of Macon County. Referred to Committee on Counties and County Matters.

792

JouRNAL OF THE SENATE,

By Mr. Cogdell of Glynn-
House Bill No. 290. A bill to amend the charter of the City of Brunswick.
Referred to Committee on Municipal Government.

By Mr. Whitaker of ClaytonHouse Bill No. 294. A bill to amend the Act incorporat-
ing the City of Jonesboro.
Referred to Committee on Municipal Government.

By Mr. Musgrove of ClinchHouse Bill No. 296. A bill to abolish the County Court
of Clinch County.
Referred to Committee on Counties and County Matters.

By Mr. Musgrove of ClinchHouse Bill No. 297. A bill to amend the Act creating
the Board of Commissioners of Clinch C~unty.
Referred to Committee on Counties and County Matters.

The following resolutions of the Senate were read and adopted.

By Senators Pope of the 7th District, Atkinson of the 1st District, and Purdom of the 46th District-
Senate Resolution No. 35. A resolution expressing to the Atlanta Georgian and its management sincere appreciation of the public service it has rendered and extending our best wishes for its continued successful activities.

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Millican of the 35th District-
Senate Resolution No. 36.

THURSDAY, FEBRUARY 4, 1937.

793

A RESOLUTION
Whereas, 1937 is the 100th anniversary of the founding of the City of Atlanta, the capital city of Georgia, the Empire State, and,
Whereas, it is fitting and proper that official recognition be taken of this fact and that an appropriate observance of the occasion be held and that the attention of the state, the south, and the entire nation be focused on Atlanta and Georgia during the year, and,
Whereas, the municipal auditorium now under construction by theW. P. A. is not progressing as rapidly as Atlantans and Georgians hoped, and at the present rate of activity probably will not be completed in time for a fitting observance of the centenary of the founding of Atlanta, and,
Whereas, the Mayor and Council of the City of Atlanta have expressed keen concern over lack of a proper place in which to hold a suitable centennial celebration and have passed resolutions calling on federal officials to prosecute the auditorium work with all vigor possible, and,
Whereas, The Atlanta Constitution has agreed to sponsor a mammoth and fitting centennial celebration coincidentally with the opening of the auditorium to the public for the first time and plans are now being prosecuted whereby civic organization, patriotic groups, and others will cooperate in the celebration and its attendant premier presentation of the magnificent structure to the public, and,
Whereas, the State of Georgia and its legislative bodies recognize the importance of Atlanta to the business, industrial, commercial, educational, and civic life of Georgia and wishes to cooperate wholeheartedly in the. movement to focus the attention of the nation on the South's premier city, and,
Whereas, all Georgia executives of W. P. A. have cooperated with Atlanta to the fullest of their ability under

794

JouRNAL oF THE SENATE,

federal regulations, and if they were able would speed up the work on the auditorium,
Now, therefore, be it resolved, by the General Assembly of the State of Georgia, and it is hereby resolved by authority of the same as follows:

1. That we extend to the City of Atlanta our congratulations for having reached the age of 100 years and that we call upon all citizens of Georgia to join in a fitting observance of the centenary of the founding of Atlanta in order that the entire nation may be made more conscious of the part Georgia and Atlanta plays in the progress and prosperity of the nation.

2. That we now pledge our best efforts, our influence, and our sympathy to Atlanta in its effort to have the new auditorium completed as soon as possible in order that a fitting celebration of the founding of the city may be held during the year.

3. That we call upon Senators Walter F. George and Richard B. Russell, Jr., of Georgia, and every member of the Georgia delegation together with their friends and associates to use whatever influence they may possess to obtain a special dispensation for the auditorium project in order that it may be prosecuted vigorously to completion.

4. That Hon. Harry Hopkins, national W. P. A. administrator, and all his assistants, be urged to place three full eight-hour crews on the work and keep them there until the job is completed and the auditorium is ready for the centennial celebration which city officials propose to stage under the sponsorship of The Atlanta Constitution.

5. That we express to Mr. Hopkins and his associates our gratitude for their full assistance in the past and for the many worthy projects they have executed for Georgia and

THURSDAY, FEBRUARY 4, 1937.

795

for the benefit of the citizens of this great State and that we he-speak the continued sympathetic indulgence of said officials.

6. That copies of these resolutions be spread on the Journal of this body, and that they also be dispatched by the clerk of the house to all persons mentioned herein.

Senator Chason of the 8th District asked unanimous consent that the following bill of the Senate be recommitted to the Committee on Hygiene and Sanitation:

By Senator Greer of the 13th District-
Senate Bill No. 32. A bill to establish the State Board of Examiners in the basic sciences underlying the practice of the healing arts, and for other purposes.
There was objection.

Senator Greer of the 13th District asked unanimous consent that Senate Bill No. 32 be withdrawn from further c;onsideration of the Senate. The consent was granted.

The following bill of the Senate, having been established as a special order for the day, was read the third time, and put upon its passage:

By Senators Atkinson of the 1st District, Purdom of the 46th District, Patten of the 6th District, Pope of the 7th District, Ennis of the 20th District, and Spivey of the 16th District-
Senate Bill No. 61. A bill to simplify operations of the Executive Branch of State Government by abolishing the Board of Control of Eleemosynary Institutions, by abolishing Board of Public Welfare, etc., transferring functions to the State Department of Public Welfare, and for other purposes.

796

JouRNAL OF THE SENATE,

The following amendments to Senate Bill No. 61 were read and adopted:

By Senator Atkinson of the 1st District-
To amend caption by adding after words "United States" in the 32nd line the words "And to provide a Board of Supervisors for the Milledgeville State Hospital and prescribe its duties and powers."

By Senator Harrell of the 12th District-
To amend Section 3 by adding the following words after the words "Public Welfare" in line 4 thereof:
"The Governor is required by this Act to select and appoint from the 10 Congressional Districts of this State the members of said State Board so that as far as practical a member of said State Board shall reside in the North, South, East, and West part of the State and shall as far as practical represent the various sections of the State."

By Senator Millican of the 35th District-
To amend Section 5 by striking from line 5 the figures "6,000" and substituting in lieu thereof the figures "5,000."

By Senator Patten of the 6th District-
To amend Section 10, page 9, line 1, by changing the period to a comma and adding the following words:
"Provided that no elected officer of the State or any subdivision shall be eligible for such appointment."

By Senator Lindsayof the 34th District-
To amend Section 10 by adding the following words:
"Provided, however, the gross expenses so assessed against a county shall not exceed the amount of the budget

THURSDAY, FEBRUARY 4, 1937.

797

of said county previously set aside and levied by said county authorities for said purpose."

By Senator Purdom of the 46th District-
To amend Section 10 by adding at the end of said 'Section an additional sentence as follows:
"In the event that any County Board is not named within a reasonable time as provided for this section, then the Director of the State Department may name such County Board of the same number of members who may serve until a permanent County Board is named as provided for herein."

By Senator Lindsay of the 34th District-
To amend Section 15 by adding at the end of said section the following:
"Provided the gross expenses assessed against any county shall be not in excess of the amount available in accordance with the provisions of Section 10 of this Act."

By Senator Ennis of the 20th District-
To amend by adding a new section, designated as Section 19A and to read as follows:
"Section 19A. The State Department of Welfare shall create a Board, to be termed, Board of Supervisors for the Milledgeville State Hospital.
"The Board of Supervisors shall be selected from citizens 'of Georgia qualified for such duties as necessary for the operation of the Milledgeville State Hospital and the welfare of the inmates and physical properties of the State.
"There shall be at least ten members of this Board of Supervisors, one being selected from each of the Ten Congressional Districts of Georgia and to be composed of at

798

JouRNAL OF THE SENATE,

least two practicing Physicians or Surgeons, one Dentist, one Dietition, one Civil Engineer, three business men, and two ladies.
"The duties of said Board of Supervisors will be to recommend to the State Board of Public Welfare such improvements as are necessary for the said Milledgeville Hospital, and the Supervising of purchases of all supplies, food, clothing, medical supplies, selection of officers, etc., for the State Hospital.
"It shall be the duty also of the Board of Supervisors to keep closely in touch with the welfare of inmates of the Institutions and administer to their need and requirements.
"The Board of Supervisors for the Milledgeville State Hospital shall be empowered to select their Chairman and Secretary.
"The consideration for their services shall be seven dollars per diem for actual time required in such service and actual traveling expenses to and from their respective homes.
"All purchases of supplies for the Milledgeville state Hospital shall be made through competitive bids at such time as may be designated by the Board and shall be supervised by at least five members of the Board and all bids must be advertised for and be received, sealed and not opened, until such hour as may be advertised and designated by the Board of Supervisors."
The report of the committee, which was favorable to the passage of the bill, was .agreed to, as amended.
On the passage of the bill, as amended, the ayes were 43~ the naysO.
The bill having received the requisite constitutional majority was passed, as amended.

THURSDAY, FEBRUARY 4, 1937.

799

Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 1:00 o'clock and stand recessed until2:00 o'clock, P.M. The consent was granted.

The President announced that the Senate stood recessed until 2:00 o'clock, P. M.

The President called the Senate to order.

Senator Harrell of the 12th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Amendments to the Constitution and recommitted to the Committee on General Judiciary No.2.

By Senator Harrell of the 12th District-
. Senate Bill No. 103. A bill to carry into effect Paragraph 18, Section 1, Article 5 of the Constitution of 1877, to provide for the suspension and removal of the Treasurer or Comptroller-General of the State, from the discharge of duties of their offices in certain cases, and for other purposes.
The consent was granted and the bill recommitted to the Committee on General Judiciary No. 2.
The following resolution of the Senate was read and adopted:
By Senator Allen of the 31st District and others-
Senate Resolution No. 37. A resolution expressing the
sympathy of the Senate upon the passing of Hon. H. R.
Cannon, President of the Henry Grady Hotel Company.
The following .bills of the Senate and House were read the third time and put upon their passage:
By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-

800

JouRNAL oF THE SENATE,

Senate Bill No. 10. A bill to provide that prescription shall not run against the owner or holder of a mortgage, deed to secure debt, bill of sale to secure debt, etc., in favor of a person who has actual or constructive notice of such instrument, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Lindsay of the 34th District-
Senate Bill No. 72. A bill to protect trade-mark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Pope of the 7th District-
Senate Bill No. 51. A bill to amend Section 20-506 of the Code of 1933 which relates to the enforcement and collection of claims for attorney's fees, and for other purposes.

Senator Pope of the 7th District offered the following amendment:
To amend Senate Bill No. 51 by adding to Section 1 the following words:
"Provided a licensed attorney is employed to collect said indebtedness."

THURSDAY, FEBRUARY 4, 1937.

801

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th District-
Senate Bill No. 92. A bill to regulate primary elections in all municipalities having a population of 200,000 or more, in the State of Georgia, by providing how such elections shall be conducted, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 77. A bill to regulate and provide for the effect of conveyances and encumbrances of property of a deceased person "before and after a year's support is set apart, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 1.
The bill having received the requisite constitutional majority was passed.

802

JouRNAL OF THE SENATE,

By Mr. Culpepper of Fayette-
House Bill No. 4. A bill to regulate procedure in the Superior Courts; to prescribe rules for excepting to the charge of the court or the failure to charge; to provide for granting new trials on account of erroneous charges to the jury, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cochran of Thomas-
House Bill No. 7. A bill to amend an Act approved August 17, 1920, entitled "Dentistry Practice Regulated," and for other purposes.
Senator Lindsay offered the following amendment to House Bill No.7:
To amend Section A by inserting a new sub-paragraph in said section to be known as "lA" and to read as follows:
"lA. Either directly or indirectly practicing dentistry under a trade name or corporate name."
The amendment was adopted.

Senator Shannon of the 21st District offered the following amendment to House Bill No.7:
By striking Paragraph 4 of Section 16 of said Act in its entirety and substituting in lieu thereof the following to be known as Paragraph 4 of Section 16:
"Be it further enacted that from and after the passage of this Act every person engaged in the practice of dentistry in Georgia shall register annually with the Joint Secretary

THURSDAY, FEBRUARY 4, 1937.

803

of the several examining boards not later than March 1 each year and shall pay to said Joint Secretary an annual registration fee of one dollar each. All funds derived from such fees shall be for the exclusive use of the Board of Dental Examiners of Georgia and its pro rata part of the expenses of the office of said Joint Secretary."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Pebbles and Jones of Bartow-
House Bill No. 29. A bill to create a new charter for the Town of Taylorsville, Ga., and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harrell of Brooks-
House Bill No. 166. A bill to amend an Act approved August 2, 1912, establishing the City Court of Quitman, in and for the County of Brooks, defining its jurisdiction, powers, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.

804

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Messrs. MeNall, Grayson, and Cohen of Chatham-
House Bill No. 182. A bill to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of the teachers and employees, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Peebles and Jones of Bartow-
House Bill No. 184. A bill to amend, revise, and consolidate into one Act, the several Acts granting corporate authority to the City of Cartersville, in Bartow County, and the several Acts amendatory thereof; preserving to said city its present form of government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following communication was read and adopted by a nanimous rising vote of the Senate:

THURSDAY, FEBRUARY 4, 1937.

805

Decatur, Georgia, February 4, 1937.

His ExcELLENCY E. D. RIVERS,
Governor of Georgia.
BoN. JoHN B. SPIVEY, President of the Senate,
BoN. RoY V. HARRIS, Speaker of the House of Representatives, and to the Members of the General Assembly of Georgia:

Gentlemen:
The Decatur Elks Club, the Decatur Civitan Club, Dec~tur American Legion Post and the Lions Club feeling a deep sense of gratitude for what the State of Georgia has done for DeKalb County by establishing therein a Quail Hatchery within DeKalb County respectfully and cordially invite you and family to a barbecue to be held on the Quail Preserve Farm, Monday, February 8th, at four P. M.
Respectfully submitted,
DECATUR ELKS CLUB,
By s. L. THREADGILL.
DECATUR CIVITAN CLUB, By FRANK GUESS.
DECATUR AMERICAN LEGION POST, By E. P. JoHNSON.
DECATUR LIONS CLUB,
By J. 0. BowEN.

806

JouRNAL oF THE SENATE,

The following privilege resolutions were read and adopted:

By Senators Forrester of the 44th District, Jackson of the 14th District, and Purdom of the 46th District-
A resolution extending the congratulations of the Senate to Senator Fowler of the 39th District upon the arrival of a new baby son.
By Senator Burgin of the 24th DistrictA resolution extending the privileges of the floor to Hon.
W. H. Everidge of Columbus, Georgia.
By Senator Moye of the 11th DistrictA resolution extending the privileges of the floor to Han.
W. S. Terry of Randolph County.
By Senator Aultman ofthe 23rd DistrictA resolution extending the privileges of the floor to Han.
Sim Garrett of Taylor County.

By Senator Moye of the 11th DistrictA resolution extending the privileges of the floor to Han.
J. C. Burgin of Cuthbert, Georgia.
Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

FRIDAY, FEBRUARY 5, 1937.

807

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, FEBRUARY 5, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll he dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to he correct.
Senator Harrison 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.
Senator Atkinson of the 1st District asked unanimous consent that the following he established as the order of business following 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 hills favorably reported.
4. Putting on passage Senate and H&use loca:l'unc~ tested hills.

808

JOURNAL OF THE SENATE,

5. First reading and reference of House bills and resolutions.
6. Putting on their passage general and local Senate and House bills ready for third reading.
The consent was granted.

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

By Senator Atwood of the 2nd District-
Senate Bill No. 116. A bill to amend the Act approved March 28, 1935 (Ga. Laws 1935, 386) prescribing hunting regulations, by adding "squirrels and marsh hens" to Section 3 thereof, and for other purposes.
Referred to Committee on Game and Fish.
By Senator Ha~rell of the 12th District-
Senate Bill No. 117. A bill to provide punishment for violation of the Game and Fish laws, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Senator Shannon of the 21st District-
Senate Bill No. 118. A bill to amend Section 68-214 of the 1933 Code relative to motor vehicle number plates, by providing for one metal number plate only for each vehicle; to amend Section 68-215 of the 1933 Code relative to the display of number plates; and for other purposes.
Referred to Committee on General Judiciary No.2.
By Senator Purdom of the 46th District-
Senate Bill No. 119. A bill to amend an Act approved August 7, 1916, cleating the State Board of Examiners in Optometry, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

FRIDAY, FEBRUARY 5, 1937.

809

By Senator Atkinson of the 1st District-
Senate Bill No. 120. A bill to amend Paragraph II of Section VI of Article 7 of the State Constitution authorizing the General Assembly to enact laws creating a retirement fund for county officers of Chatham County, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senators Shannon of the 21st District and Jackson of the 14th District-
Senate Bill No. 121. A bill to amend Section 85--1312 of the 1933 Code providing that municipal corporations shall not have the right to grant a franchise unless the authority is plainly expressed in its charter, and for other purposes.
Referred to Committee on Municipal Government.

By Senators Atkinson of the 1st District and Pope of the 7th District-
Senate Bill No. 122. A bill to amend Section 15 of the Motor Common Carriers' Act of 1931, by providing the conditions under which railroad companies may operate motor vehicles for hire, and for other purposes.
Referred to Committee on Public Utilities.
By Senator Lindsay of the 34th District-
Senate Bill No. 123. A bill providing that in cities of 150,000 or more population where a paid fire department is maintained there shall be a fireman's board of civil service, and for other purposes.
Referred to Committee on Municipal Government.

810

JOURNAL OF THE SENATE,

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 32.
Senate Resolution No. 33.

Respectfully submitted, PoPE, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 26.

Respectfully submitted, GRINER, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

FRIDAY, FEBRUARY 5, 1937.

811

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 11. House Bill No. 135. House Bill No. 43. House Bill No. 142.

Respectfully submitted, PEEBLES, Chairman.

Senator Phillips of the 29th District, Chairman. of the Committee on Highways and Public Roads, submitted the following report:
Mr. President: Your Committee on Highways and Public Roads has had
under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 1.
Senate Bill No. 2.
Respectfully submitted,
PHILLIPS, Chairman.
The following bills of the Senate, favorably reported by the committees, were read the second time:

812

JouRNAL OF THE SENATE,

By Senator Atkinson of the 1st District-
Senate Bill No. 1. A bill abolishing the State Highway Board, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No.2. A bill to create a State Highway Commission of Georgia, and for other purposes.

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

By Senator Kimbrough of the 25th District-
Senate Resolution No. 26. A resolution authorizing the Governor to convey to the United States a one-fourth interest in tract of land No. 25 of the Pine Mo,mtain Recreational Project, being parts of lots numbers twenty-five and forty-four of the third District of Harris County, Georgia, and for other purposes.

By Senator Williams of the 5th District-
Senate Resolution No. 32. A resolution proposing to the voters of Georgia an amendment to Article VII, Section VI, Paragraph 1, of the Constitution of Georgia, authorizing the City of Waycross to levy a tax for a fund to encourage the location of new industries in the city.

By Senator Williams of the 5th District-
Senate Resolution No. 33. A resolution to amend the Constitution authorizing Ware County to levy a tax for a fund to encourage the location of new industries in the countv.

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

FRIDAY, FEBRUARY 5, 1937.

813

By Mr. Zellner of Monroe~
House Bill No. 11. A bill to amend the Acts incorporating the City of Forsyth, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 43. A bill to increase the salary of the Judge of the City Court of Brunswick, and for other purposes.

By Mr. Fowler of Treutlen-
House Bill No. 135. A bill to amend the Acts creating the City Court of Soperton, and for other purposes.

By Mr. Hill of ScrevenHouse Bill No. 142. A bill to amend the several Acts incor-
porated in the City of Sylvania, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 87. A bill to be entitled an Act to amend an Act incorporating the City of Dublin, and for other purposes.

By Mr. Pilcher of Warren-
House Bill No. 165. A bill to be entitled an Act to amend an Act entitled" An Act to incorporate the Town of Warrenton", and for other purposes.

814

JouRNAL OF THE SENATE,

By Mr. Dampier of Laurens- .
House Bill No. 205. A bill to be entitled an Act to repeal section one of an Act to amend an Act creating a Board of County Commissioners of Laurens County, and for other purposes.

By Mrs. Coxson of Long and Mr. Grayson of Chatham-
House Bill No. 219. A bill to be entitled an Act to promote the public welfare by providing for assistance to the needy aged, to define the duties of the State Department of Public Welfare, and for other purposes.

By Mr. Musgrove o~ Clinch-
House Bill No. 298. A bill to be entitled an Act to create a charter for the City of Homerville, and for other purposes.

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

By Messrs. Hand and Baggs of Mitchell-
House Bill No. 25. A bill to be entitled an Act to repeal an Act creating the office of Tax Commissioner of Mitchell County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill~ the, ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of Glynn-
House Bill No. 42. A bill to be endtled an Acrtto r~peal an Act creating a Board of Commissioners of Roads and

FRIDAY, FEBRUARY 5, 1937.

815

Revenue of Glynn County, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of Glynn-
House Bill No. 45. A bill to be entitled an Act to increase the salary and for other relief of the Tax Commissioner of Glynn County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of Glynn-
House Bill No. 46. A bill to be entitled an Act to create a Board of Commissioners of Roads of Glynn County, and other related purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gross of Stephens-
House Bill No. 64. A bill to be entitled an Act to amend an Act. to provide for holding four terms a year of the Superior Court of Stephens County, and for other purposes.

816

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Dollar of GradyHouse Bill No. 65. A bill to be entitled an Act to amend
an Act establishing the City Court of Cairo, Grady County, approved August 8, 1906, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harrell of BrooksHouse Bill No. 69. A bill to be entitled an Act to amend
an Act establishing the City Court of Quitman, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Sanders and Hart of Coweta-
House Bill No. 73. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Coweta County, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bif1, was agreed to.

FRIDAY, FEBRUARY 5, 1937.

817

On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Clark of Catoosa-
House Bill No. 75. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver of Catoosa County; to create the office of Tax Commissioner, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nayc 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Erwin of Lamar-
House Bill No. 76. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Lamar County at Three Thousand Dollars, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Tate of Pickens-
House Bill No. 97. A bill to be entitled an Act to provide for holding two terms a year of the Superior Court of Pickens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

818

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Patten of Cook-
House Bill No. 130. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Cook County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Etheridge of Houston-
House Bill No. 132. A bill to be entitled an Act to reduce the official bond of the Sheriff of Houston County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Dunn of Pike-
House Bill No. 157. A bill to be entitled an Act to reduce the bond of the Sheriff of Pike County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.

FRIDAY, FEBRUARY 5, 1937.

819

The bill having received the requisite constitutional majority was passed.

By Mr. Guyton of Effingham-
House Bill No. 174. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Effingham County to be elected by the qualified voters of said County, and for other purposes.

The committee offered the following amendment to House Bill No. 174, as follows:
(a) By adding a Section to be known as Section 3, as follows:
Section 3. Be it further enacted by the authority aforesaid for the purpose of promoting the general welfare of the people of Effingham County, to prevent fires and to decrease fire hazards, that the County Commissioners of said County in addition to all other powers or authority now possessed or hereafter delegated to them, are empowered to regulate the installation of electrical wiring and equipment in the houses, stores, residences, schools, factories, halls and other buildings in said County, and the said County Commissioners shall have authority to appoint a Board of Electrical Examiners for the purpose of examining and passing upon the qualifications of persons desiring to do electrical wiring, repairing, or construction within said county, and to make rules and regulations covering the construction and installation of such wiring and equipment.
(b) By changing the number of the repealing Section to Section 4.
(c) By inserting in the last line of the caption of said Bill just before the words "and for other purposes", the following words:
"to empower the County Commissioners to regulate the installation of electrical wiring and equipment, appoint a

820

JouRNAL oF THE SENATE,

Board of Electrical Examiners, fix their duties and powers."
The committee 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 36, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mr. Rowland of Johnson-
House Bill No. 175. A bill to amend an Act approved August 11, 1919, relating to the County Commissioners of Johnson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 233. A bill to be entitled an Act to amend an Act establishing the City Court of Swainsboro, Emanuel County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

FRIDAY, FEBRUARY 5, 1937.

821

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 87. A bill to amend an Act of August 15, 1919, incorporating the City of Dublin, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Pilcher of Warren-
House Bill No. 165. A bill to amend an Act incorporating the town of Warrenton, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Dampier of Laurens-
House Bill No. 205. A bill to repeal section one of the Act amending the Act creating a Board of County Commissioners of Laurens County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Grayson of Chatham and Mrs. Coxon of Long-
House Bill No. 219. A bill to promote the public welfare by providing for assistance to the needy aged, and for other purposes.
Referred to Committee on Public Welfare.

By Mr. Musgrove of Clinch-

House Bill No. 298. A bill to create a charter for the City

of Homerville, and for other purposes.

-

Referred to Committee on Municipal Government.

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

822

JouRNAL OF THE SENATE,

By Senator Shannon of the 21st District-
Senate Resolution No. 29. A resolution relieving M. C. Arnold as Surety on bond of M. L. Pope.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Senator Shannon of the 21st District-
Senate Resolution No. 30. A resolution authorizing the State Librarian to furnish to the Ordinary of Twiggs County certain books, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Millican of the 35th District-
Senate Bill No. 43. A bill to amend an Act establishing a Municipal Court in Atlanta so as to extend the jurisdiction of said 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 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, FEBRUARY 5, 1937.

823

By Senator Shannon of the 21st District-
Senate Bill No. 105. A bill to amend an Act abolishing the office of Tax Collector and Tax\Receiver in and for the County of Twiggs, and for other purposes.
The report of the committee, whi:ch was favorable to the passage of the hill, was agreed to.
On the passage of the resolution, the ayes were 35, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Senator Shannon of the 21st District-
Senate Bill No. 106. A bill to reduce the bond of the Sheriff of Twiggs County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Senator Atkinson of the 1st District-
Senate Bill No. 107. A bill to remove the county site of Bryan County from Clyde to Pembroke, and for other purposes.
The report of the committee, 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:

824

JouRNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allen Atkinson Atwood Aultman Brock Burrell Ohason Clements Ennis Flynt Greer Griner

Hampton Hardman Harrell Harrison Holmes Home Johnson Jones Kimbrough Lindsay McKenzie Millican

Moye Patten Peebles Pope Pruett Purdom Sammon Sutton Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.
The ayes were 36, the nays 0.
The bill having received the requisite two-thirds constitutional majority, as provided for under Code Section 2-8205, was passed.
Not voting were: Senators Almand of the 50th District, Burgin of the 24th District, Forrester of the 44th District, Fowler of the 39th District, Jackson of the 14th District, Knabb of the 4th District, McCutchen of the 43rd District, Neely of the 36th District, Peterson of the 15th District, Phillip!! of the 29th District, Shannon of the 21st District, Shedd of the 3rd District, Sikes of the 49th District, and Terrell of the 19th District.

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

By Messrs. Ennis and Moore of Baldwin, Sutton of Wilkes, and Key of Jasper-
House Bill No. 275. A bill to appropriate money for paying the legal unpaid indebtedness of the Milledgeville State Hospital, amounting to $319,547.63, and for other purposes.

FRIDAY, FEBRUARY 5, 1937.

825

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, it carrying an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Greer

Griner Hampton Hardman Harrell Harrison Holmes Home Johnson Jones Kimbrough Lindsay McKenzie Millican

Moye Neely Patten Peebles Pope Pruett Purdom Sammon Sutton Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.
The ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.
Not voting were: Senators Forrester of the 44th District, Fowler of the 39th District, Jackson of the 14th DiStrict, Knabb of the 4th District, McCutchen of the 43rd District, Peterson of the 15th District, Phillips of the 29.th District, Shannon of the 21st District, Shedd of the 3rd District, Sikes of the 49th District and Terrell of the 19th District.

Senator Patten of the 6th District asked unanimous consent that further consideration of the following bill of the House be postponed until Tuesday, February 9th, immediately following the period of unanimous consents at which

826

JouRNAL OF THE SENATE,

time it will be made a special order; also, that the Secretary of Senate be authorized and instructed to have copies of said bill printed and distributed to each member of the Senate:

By Messrs. Simmons of Decatur, Davis of Floyd, and others-
House Bill No. 123. A bill to provide for a minimum school term of seven months in the public schools of Georgia, and for other purposes.
The consent was granted.
Senator Patten of the 6th District asked unanimous consent that further consideration of the following bill of the House be postponed until Tuesday, February 9th, and be made a special order immediately following House Bill No. 123; also, that the Secretary of Senate be authorized and instructed to have copies of said bill printed and distributed to each member of the Senate:

By Messrs. Parker and Barlow of Colquitt, and others-
House Bill No. 125. A bill to establish a State Board of Education, and for other purposes.
The consent was granted.
The following bill of the Senate having previously been re_ad the third time was put upon its passage:

By Senators Atkinson of the 1st District, Ennis of the 20th District, and Flynt of the 26th District-
Senate Bill No. 4. A bill to be entitled an Act to regulate the admission to practice Law in this State, and for other purposes.
The committee offered the following substitute to Senate Bill No.4:

FRIDAY, FEBRUARY 5, 1937.

827

A BILL

To be entitled an Act to amend Sections of the Code of Georgia of 1933 numbered as follows: 9-101, Relating to Requirements of Examinations for Admission to the Bar; 9-103, Relating to Qualifications of Applicants; 9-111, Relating to the Scope, Supervision and Method of Examinations; 9-112, Relating to When and How Applicants may be Licensed; and 9-113, Relating to Fees and their Appropriation, so as to provide that graduates of certain law schools of the State of Georgia shall not be required to take an examination as a requirement for admission to the Bar in this State, and for other purposes.

Be it enacted by the General Assembly of the State of

Georgia:



Section 1. That Section 9-101, Relating to Examinations for Admission to the Bar, be and the same is hereby, amended by adding at the end thereof the following previsions, tO-wit: "Provided, however, that any person holding a diploma issued by any Law School of this State which is approved by the American Bar Association, and is a member of the Association of American Law Schools, or any Law School of this State, which may be approved by the Board of Bar Examiners of this State, shall be admitted to practice law in this State without the necessity of taking the written examination herein provided," so that said Section as amended shall read as follows:

"Section 9-101. EXAMINATIONS, REQUIREMENT OF:-No persons, except licensed Attorneys from other States hereinafter provided in Section 9-201, shall be admitted to practice law in this State except by examination as is now or may hereafter be provided for by law. Provided, however, that any person holding a diploma issued by any Law School of this State which is approved by the American Bar Association, and is a member of the Association of American Law Schools, or any Law School of this

828

JouRNAL OF THE SENATE,

State, which may be approved by the Board of Bar Examiners of this State, shall be admitted to practice law in this State without the necessity of taking the written examination herein provided.''

Sec. 2. That Section 9-103, Relating to Qualifications of Applicants shall be amended by adding at the end of said Section the following, to-wit:
"excepting examinations shall not be required of persons as provided in Section 9-101 herein prescribed,"
so that said Section as amended shall read:
"9-103, Qualifications of Applicants :-Any Clttzen of good moral character who has read law and undergone a satisfactory examination as hereinafter prescribed, may practice law, excepting examinations shall not be required of persons as provided in Section 9-101 as herein prescribed"

Sec. 3. That Section 9-111 be, and the same is hereby, amended by adding after the word "applicant" and before the word" shall" in the second line of said Section the following words, to-wit:
"except as herein provided,"
so that said Section shall read as amended, to-wit:

"Section 9-111.-EXAMINATIONS TO BE IN WRITING; SCOPE THEREOF; SUPERVISION; SIGNATURES OF PAPERS:-Each applicant except as herein provided shall submit to an examination in writing, which shall be prepared by the Board of Examiners, covering all the topics and subjects, knowledge of which is, under existing laws, requisite to admission to the Bar. Said Board shall pass upon the merits of each examination, and as to each applicant determine whether or not he is qualified to plead and practice in the several Courts other than the Supreme Court and the Court of Appeals, admission to the

FRIDAY, FEBRUARY 5, 1937.

829

bar of which shall be governed by existing laws. All examinations of applicants shall, in accorda~ce with said rules, be conducted under the supervision of the Judges of the respective Superior Courts. Each applicant shall sign his examination papers by number, and, in a sealed envelope accordingly seal the papers, shall state the number he has adopted, so that his name shall not be known until after the Board of Examiners have passed upon the question of his admission or rejection."

Sec. 4. That Section 9-112, Relating to When and How Applicants may be licensed shall be amended by adding after the word "person" and before the word "who" in the first ap.d second lines of said Section "except as herein provided", so that said Section as amended shall read as follows, to-wit:

"Section 9-112.-WHEN AND HOW APPLICANTS MAY BE LICENSED:-All persons except as herein provided who have successfully passed the examination, with a proper certificate from the Board of Examiners to that effect, may be duly licensed to practice law upon taking the oath provided by law, and may receive a license to practice, upon presentation of said certificate to the Clerk of the Superior Court of his residence, and upon the payment of the fee provided."

Sec. 5. That Section 9-113, Relating to Admission Fees and their Appropriations be, and the same is hereby, amended by adding after the word "applicant" and before the word "before" in the first line thereof the words "for an examination", so that said Section as amended shall read as follows:

"Section 9-113.-ADMISSION FEES AND ITS APPROPRIATION:-Each applicant for an examination, before presenting his application. to the Judge, shall remit to the Chairman of the Board of Examiners the sum of

830

JOURNAL OF THE SENATE,

Fifteen ($15.00) Dollars, and shall exhibit his receipt for it to the Judge, and, out of the funds thus arising, the Board of Examiners shall pay all of the expenses incurred in carrying this law into effect, and shall divide the balance equally among themselves as compensation for their servt.ces. "

Sec. 6. That all laws and parts of laws in conflict herewith 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 the passage of the hill, by substitute, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

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

By Senator Millican of the 35th District-
Senate Bill No. 25. A bill to authorize the Boards of Education in all counties in the State having a population in excess of 290,000 to borrow money for the operation of schools in amounts not exceeding the total sum to be received by said board from the State appropriation and school taxes, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, FEBRUARY 5, 1937.

831

By Senator Millican of the 35th District-
Senate Bill No. 27. 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 system, for the creation of a commission to administer such fund, to provide for the raising of such fund and to authorize such commission to provide terms and requirements for such retirement, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Pruett of the 32nd District-
Senate Bill No. 38. A bill to provide for the place of holding the examination for admission to the Bar of Georgia, and for other purposes.

Senator Lindsay of the 34th District moved that further consideration of Senate Bill No. 38 be postponed until Monday, February 8th. The motion prevailed.

Senator Harrell of the 12th District asked unanimous consent that when the Senate adjourn today that it stand adjourned until 10:00 o'clock, Monday morning. The consent was granted.

The following privilege resolutions were read and adopted:

By Senator Brock of the 37th District-
A resolution extending the privileges of the floor to Mrs. Brock and Mrs. Upshaw, wife and daughter of the diStinguished Senator of the 37th District.

832

JOURNAL OF THE SENATE,

By Senator Aultman of the 23rd District-
A resolution extending the privileges of the floor to Hon. J. Quentin Davidson, a prominent attorney of Columbus, Georgia.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon. Jack Williams, Jr., son of the distinguished Senator of the 5th District.

By Senator Forrester of the 44th District-
A resolution extending the privileges of the floor to Hon. W. K. Sutlive of Blackshear, Georgia, President of the Georgia Press Association.

Senator Kimbrough of the 25th District was granted leave of absence from the session of the Senate on Monday, February 8th.

Senator Atkinson of the 1st District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until Monday, February 8th, at 10:00 o'clock, A.M.

MoNDAY, FEBRUARY 8, 1937.

833

SENATE CHAMBER, ATLANTA, GA., MoNDAY, FEBRUARY 8, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Harrison of the 17th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Purdom of the 46th 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. Second reading of Senate and House bills and resolutions favorably reported. 4. First reading and reference of House bills.

834

JOURNAL OF THE SENATE,

5. Putting on their passage general and local Senate and House bills and resolutions ready for third reading.
The consent was granted.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 34. A bill to be entitled an Act to prOpose a constitutional amendment so as to authorize classification of property for taxation and to adopt different rates and methods for taxing different property, and for other purposes.

By Mr. Gross of Stephens-
House Bill No. 48. A bill to be entitled an Act to create the City Court of Stephens County, and for other purposes.

By Messrs. Jones and Peebles of Bartow-
House Bill No. 62. A bill to be entitled an Act to prOvide for four terms per year of Bartow Superior Court, and for other purposes.
By Mr. Moore of HaralsonHouse Bill No. 181. A bill to be entitled an Act to create
an independent school system for the City of Tallapoosa in Haralson, and for other purposes.
By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 218. A bill to be entitled an Act to prOmote the public welfare by providing aid to dependent

MoNDAY, FEBRUARY 8, 1937.

835

children and defining the duties and functions of the State Department of Public Welfare in Administering this Act, and for other purposes.

By Mr. Goff of Tift-
House Bill No. 214. A bill to be entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for Tift County, and for other purposes.

By Mrs. Coxon ofLong and Mr. Grayson of Chatham-
House. Bill No. 231. A bill to be entitled an Act to prOmote the public welfare by providing aid to the needy blind, to define the duties of the State Department of Public Welfare, and for other purposes.

By Mr. Fitts of Madison-
House Bill No. 302. A bill to be entitled an Act to amend an Act approved August 17, 1914, (Georgia Laws 1914, p. 316), as amended by an Act approved August 8, 1916, to provide for the creation of an Advisory Board to the Commissioner of Roads and Revenues of Madison 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 Senate Amendments to the following bill of the House, tO-wit:

By Mr. Cochran of Thomas-
House Bill No. 7. A bill to be entitled an Act to amend an Act approved August 17, 1920, entitled "Dentistry Practice Regulated," and for other purposes.

836

JOURNAL OF THE SENATE,

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

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

By Mr. Sutton of Wilkes-
House Resolution No. 70. A resolution providing for a joint session of the House and Senate to hear a brief message from a number of distinguished guests including the governors of our sister states who are present in the City of Atlanta attending a session of the conference on Soci Securities, at 1:00, P. M., today.
The Speaker has appointed, on the part of the House, the following committee of escort:
Messrs. Sutton of Wilkes,
Deal of Bulloch,
Hodges of Liberty.
Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No.2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 55 do pass. Senate Bill No. 76 do pass.

MoNDAY, FEBRUARY 8, 1937.

837

Senate Bill No. 78 do pass. Senate Bill No. 91 do pass. Senate Bill No. 101 do pass. 'Senate Bill No. 102 do pass. Senate Bill No. 63 do pass as substitute. Senate Bill No. 96 do pass as substitute. Senate Bill No. 65 do pass as substitute.

Respectfully submitted, SHANNON, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bill of the House and has instructeCl me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 18.
Respectfully submitted,
PHILLIPs, Chairman.

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

By Senator Terrell of the 19th DistrictSenate Bill No. 55. A bill amending Section 24-1707

838

JOURNAL OF THE SENATE,

of the 1933 Code by giving the Clerk of the Superior Court authority to perform all duties which the Ordinary could perform during the vacancy in the office of Ordinary, and for other purposes.

By Senator Pruett of the 32nd District-
Senate Bill No. 63. A bill to amend Section 26--2402 of the 1933 Code providing the punishment for burglary shall be death, and for other purposes.

By Senator Pruett of the 32nd District-
Senate Bill No. 65. A bill to amend Section 24-2502 of the 1933 Code providing that the jury will pass only on the question of guilt or innocence and the judge shall fix a minimum and maximum sentence, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 76. A bill to define the crime of sedition and to prescribe the punishment therefor, and for other purposes.

By Senator Harrell of the 12th District-
Senate Bill No. 78. A bill to provide that in all incorporated towns and cities in Georgia the polls be kept open from 7:00 o'clock, A. M., to 6:00 o'clock, P. M., in all elections, and for other purposes.

By Senator Pruett of the 32nd District-

Senate Bill No. 96. A bill to amend Code Section

26-2502 of the 1933 Code providing the punishment for

robbery by open force or violence so that the punishment

shall be death instead of four to twenty years, and for other

purposes.

'.

MoNDAY, FEBRUARY 8, 1937.

839

By Senator Hardman of the 33rd District-
Senate Bill No. 101. A bill to amend Section 42-207 (2112) of the 1933 Code, dealing with supplemental appropriations, and for other purposes.

By Senator Hardman of the 33rd District-
Senate Bill No. 102. A bill to amend Section 42-202 (2107) by providing more fully the manner of registering feeding stuff with the Commissioner of Agriculture, and for other purposes.
The following resolution of the Senate was introduced, read the first time, and referred to the committee:

By Senator Shedd of the 3rd District-
Senate Resolution No. 38. A resolution proposing to the voters of Georgia an amendment to Article V, Section 1, Paragraph XII of the Constitution, providing for the limitation of the power of the Governor to grant reprieves and pardons, and for other purposes.
Referred to Committee on Amendments to the Constitution.
The following bills of the House were read the first time and referred to the committees:

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 34. A bill to propose a constitutional amendment so as to authorize classification of property for taxation and to adopt different rates and methods for taxing different property, and for other purposes.
Referred to Committee on Amendments to the Constitution.

840

JouRNAL OF THE SENATE,

By Mr. Gross of Stephens-
House Bill No. 48. A bill to create and establish the City Court of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Jones and Peebles of Bartow-
. House Bill No. 62. A bill to provide for four terms per year of Bartow Superior Court, Cherokee Judicial Circuit, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Moore of Haralson-
House Bill No. 181. A bill to create an independent school system for the City of Tallapoosa in Haralson, and for other purposes.
Referred to Committee on Education and Public Schools.

By Mr. Goff of Tift-
House Bill No. 214. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Tift County, approved August 9, 1917, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 218. A bill to promote the Public Welfare by providing aid to dependent children; defining the duties of the State Department of Public Welfare in Administering this Act; and for other purposes.
Referred to Committee on Public Welfare.

By Mr. Grayson of Chatham and Mrs. Coxon of LongHouse Bill No. 231. A bill to promote the public wei-

MoNDAY, FEBRUARY 8, 1937.

841

fare by providing aid to the needy blind, and for other purposes.
Referred to Committee on Public Welfare.

By Mr. Fitts of Madison-
House Bill No. 302. A bill to amend an Act approved August 17, 1914, (Georgia Laws 1914, p. 316) as amended by an Act approved August 8, 1916, (Georgia Laws 1916, p. 462) providing for the creation of an Advisory Board of the Commissioner of Roads and Revenues of Madison County, and for other purposes.
Referred to Committee on Counties and County Matters.
By unanimous consent, consideration of Senate Bill No. 1 and Senate Bill No. 2 was postponed until Tuesday, February 9th, due to the absence of the author thereof from today's session of the Senate.

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

By Senator Kimbrough of the 25th District-
Senate Resolution No. 26. A resolution authorizing His Excellency, Hon. E. D. Rivers, Governor of the State of Georgia, to convey to the United States of America a onefourth undivided interest in tract of land No. 25 of the Pine Mountain Recreational Project, and for other purposes.

The report of the committee, which was favorable to the

passage of the resolution, was agreed to.



On the adoption of the resolution, the ayes were 35, the nays 0.

The resolution having received the requisite constitutional

majority was adopted.

'

842

JOURNAL OF THE SENATE,

By Senator Williams of the 5th DistrictSenate Resolution No. 32.

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section VI, Paragraph I, of the Constitution of Georgia, autho'rizing the City of Waycross to levy a tax not to exceed one mill for the purpose of raising a fund which may be set aside, appropriated and used by the City of Waycross in assisting, promoting and encouraging the location of new industries therein:
Be it resolved by the General Assembly of Georgia:

Section 1. That Article VII, Section VI, Paragraph I, of the Constitution of Georgia, be, and the same is hereby amended, by adding at the end of said paragraph the following language:
"Provided, however, that the City of Waycross, in Ware County, is authorized to levy a tax on all of the taxable property therein, not to exceed one mill, for the purpose of securing a fund to be set aside, used and appropriated by the City of Waycross in assisting, promoting, and encouraging the location of new industries therein. Said tax and appropriation being in addition to those now authorized by law."
Section 2. This amendment shall be published in some newspaper in each Congressional District for two months before .the next general election, and at the next general election it shall be submitted to the qualified voters of Georgia for ratification or rejection. Those desiring to vote in favor of ratification of the amendment shall have written or printed on their ballots the words, "For ratification of the amendment to Article VII, Section VI, Paragraph I, of the Constitution of Georgia, authorizing the City of Waycross

MoNDAY, FEBRUARY 8, 1937.

843

to levy a tax and appropriate money for securing new industries." 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 Article VII, Section VI, Paragraph I, of the Constitution of Georgia, authorizing the City of Waycross to levy a tax and appropriate money for securing new industries."
If a majority of the qualified voters qualified to vote for members of the General Assembly, voting at said election, shall vote in favor of the ratification of the amendment, the same shall become a part of Article VII, Section VI, Paragraph I, of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atwood Aultman Brock Burrell Chason Clements Ennis Forrester Greer, Griner Hampton

Hardman Harrell Harrison Holmes Home Johnson Jones Knabb Lindsay McCutchen McKenzie Moye Neely

Patten Peebles Phillips Pope Pruett Shannon Shedd Sikes Sutton Walker Whitehead Williams

Verification of the roll call was dispensed with. The ayes were 38, the nays 0.

844

JouRNAL OF TH.E SENATE,

The resolution having received the requisite twa-thirds constitutional majority was passed.

Not voting were: Senators Atkinson of the 1st District, Burgin of the 24th District, Flynt of the 26th District, Fowler of the 39th District, Jackson of the 14th District, Kimbrough of the 25th District, Millican of the 35th District, Peterson of the 15th District, Purdom of the 46th District, Sammon of the 51st District, Terrell of the 19th District, and Thrasher of the 27th District.

By Senator Williams of the 5th District-. Senate Resolution No. 33.

A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article VII, Section VI, Paragraph II, of the Constitution of Georgia, authorizing Ware County to levy a tax not to exceed one mill, on all of the taxable property in the county, for the purpose of creating and setting aside a fund to be used in assisting, promoting, and encouraging the location of new industries in Ware County; and authorizing the county officers in charge of the physical affairs of the County to select a board of citizens from the county to sit with them and advise with them respecting the use, employment, and distribution of such funds.

Be it resolved by the General Assembly of Georgia:
Section 1. That Article VII, Section VI, Paragraph II, of the Constitution of Georgia, be amended as follows:
Provided, however, that Ware County is authorized to levy a tax in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county, for the purpose of acquiring and creating a fund to

MoNDAY, FEBRUARY 8, 1937.

845

be set aside and used exclusively in ass1stmg, promoting, and encouraging the location of new industries in Ware County; and the county officials of said county are authorized to select a committee of citizens of the county to set with them and advise with them in the handling and disbursement of such funds for the purposes stated.

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 of the General Assembly, for ratification or rejection. All persons voting at such election in favor of the ratification of the amendment shall have written or printed on their ballots, "For the amendment to Article VII, Section VI, Paragraph II, of the Constitution of Georgia, authorizing Ware County to levy a tax not to exceed one mill to be used in locating new industries therein:" and all persons voting against the ratification of the amendment shall have written or printed on their ballots, "Against the amendment to Article VII, Section VI, Paragraph II, of the Constitution of Georgia, authorizing Ware County to levy a tax not to exceed one mill to be used in locating new industries therein." 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 said amendment shall become a part of Article VII, Section VI, Paragraph II, of the Constitution of Georgia.

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

On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

846

jOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allen Almand Atwood Aultman Brock Burgin Burrell Chason Clements Forrester Greer Griner Hampton

Hardman Harrell Harrison Holmes Horne Johnson Jones Lindsay McCutchen McKenzie Moye_ Neely Patten

Peebles Phillips Pope Pruett Shannon Shedd Sikes Sutton Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.
The ayes were 38, the nays 0.
The resolution having received the requisite two-thirds constitutional majority was adopted.
Not voting were: Senators Atkinson of the 1st District, Ennis of the 20th District, Flynt of the 26th District, Fowler of the 39th District, Jackson of the 14th District, Kimbrough of the 25th District, Knabb of the 4th District, Millican of the 35th District, Peterson of the 15th District, Purdom of the 46th District, Sammon of the 51st District, and Terrell of the 19th District.

By Senator Pruett of the 32nd District-
Senate Resolution No. 34. A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article 7, Section 1, Paragraph 1 of the Constitution of Georgia providing how and for what purposes taxation may be exercised by amending the said Article, Section, and Paragraph so that provisions may be made for the payment of pensions to widows of Confederate soldiers who were married to such soldiers prior to the first day of January, 1898.

MoNDAY, FEBRUARY 8, 1937.

847

Senator Allen of the 31st District offered the following amendment to Senate Resolution No. 34:

By striking the words and figures "January 1st, 1898" wherever the same appear in said resolution and inserting in lieu thereof the words and figures" January 1st, 1910."
The amendment by Senator Allen was adopted.
The resolution as amended reads as follows:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article 7, Section 1, Paragraph 1 of the Constitution of Georgia providing how and for what purposes taxation may be exercised by amending the said Article, Section, and Paragraph so that provisions may be made for the payment of pensions to widows of Confederate soldiers who were married to such soldiers prior to the first day of January, 1910.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article 7, Section 1, Paragraph 1 of the Constitution of Georgia providing:
"The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes, only:
"For the support of the State Government and the public insti tutions :
"For educational purposes in instructing children in the elementary branches of an English education only.
"To pay the interest on the public debt.
"To pay the principal of the public debt.

848

JouRNAL oF THE SENATE,

"To suppress insurrection, to repel invasion, and defend the State in time of war.

"To supply the soldiers who lost a limb or limbs, in the military service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otherwise disabled or permanently injured in such service, or who may by reason of age and poverty, or infirmity and poverty, or blindness and poverty, be unable to provide a living for themselves, and for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves: Provided, that the Act shall only apply to such widows as were married at the time of such service, and have remained unmarried since the death of such soldier husband.

"To make provisions for the payment of pensions to any ex-Confederate soldier, residing in this State January 1, 1920, who enlisted in the military service of the Confederate States during the Civil War between the States of the United States, and who performed actual military service in the armies of the Confederate States or of the organized militia of this State and was honorably discharged therefrom; and to widows now residents of this State, of ex-Confederate soldiers who enlisted in the military service of the Confederate States and who performed actual service in the armies of the Confederate States or of the organized militia of this State, who died in said military service, or were honorably discharged therefrom, who were married prior to January 1, 1881. No widow of a soldier killed during the war shall be deprived of her pension by reason of having subsequently married another veteran who is dead, unless she is receiving pension on account of being the widow of such second husband. Any soldier doing. service in the

MoNDAY, FEBRUARY 8, 1937.

849

Confederate army, whether he belonged to the Confederate army or whether he belonged to the militia of any Confederate State and served with the Confederate army, shall be eligible to draw a pension.

"To construct and maintain a system of State Highways," be and the same is hereby amended by striking therefrom the year "1881" and substituting in lieu thereof the year "1910" so that Article 7, Section 1, Paragraph 1 of the Constitution of Georgia, when amended, will read as follows:
"The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes, only:
"For the support of the State Government and the public institutions.
"For educational purposes in instructing children in the elementary branches of an English education only.
"To pay the interest on the public debt.
"To pay the principal of the public debt.
"To suppress insurrection, to repel invasion, and defend the State in time of war.
"To supply the soldiers who lost a limb or limbs, in the military service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otherwise disabled or permanently injured in such service, or who may, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, be unable to provide a living for themselves, and for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves: Provided, that the Act

850

JouRNAL oF THE SENATE,

shall only apply to such widows as were married at the time of such service, and have remained unmarried since the death of such soldier husband.

"To make provisions for the payment of pensions to any ex-Confederate soldier, residing in this State January 1st, 1920, who enlisted in the military service of the Confederate States during the Civil War between the States of the United States, and who performed actual military service in the armies of the Confederate States or of the organized militia of this State and was honorably discharged therefrom; and to widows now residents of this State, of ex-Confederate soldiers who enlisted in the military service of the Confederate States and who performed actual service in the armies of the Confederate States or of the organized militia of this State, who died in said military service, or were honorably discharged therefrom, who were married prior to January 1st, 1910. No widow of a soldier killed during the war shall be deprived of her pension by reasbn of having subsequently married another veteran who is dead, unless she is receiving pension on account of being the widow of such second husband. Any soldier doing service in the Confederate army, whether he belonged to the Confederate army or whether he belonged to the militia of any Confederate State and served with the Confederate army, shall be eligible to draw a pension.

"To construct and maintain a system of State Highways."

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 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 7, Section 1, Paragraph 1 of

MoNDAY, FEBRUARY 8, 1937.

851

the Constitution of Georgia providing that the power of taxation shall be exercised for the payment of pensions to widows of Confederate soldiers who were married prior to January 1st, 1910." The voters voting against the ratification of the amendment shall have written or printed upon their ballots, "Against ratification of the amendment to Article 7, Section 1; Paragraph 1 of the Constitution of Georgia, providing that the power of taxation shall be exercised for the payment of pensions to widows of Con.federate soldiers who were married prior to January 1st, 1910."

If a majority of the qualified voters voting at said election shall vote in favor of the ratification of the amendment, the Governor shall make proclamation thereof and the foregoing amendment 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 res'olution, was agreed to, as amended.
On the adoption of the resolution, 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:

Allen Almand Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Forrester Greer Griner Hampton

Hardman Harrell Harrison Holmes Home .Johnson .Jones Knabb Lindsay McCutchen McKenzie Moye Neely Patten

Peebles Pope
Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

852

JOURNAL OF THE SENATE,

Verification of the roll call was dispensed with.
The ayes were 41, the nays 0.
The resolution having received the reqms1te two-thirds constitutional majority was adopted, as amended.

Not voting were: Senators Atkinson of the 1st District, Flynt of the 26th District, Fowler of the 39th District, Jackson of the 14th District, Kimbrough of the 25th District, Millican of the 35th District, Peterson of the 15th District, Phillips of the 29th District, and Sammon of the 51st District.

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

By Senator Pruett of the 32nd District-
Senate Bill No. 40. A bill to provide that no applicant shall be eligible to stand examination for admission to the Bar unless he shall have been a citizen of the State for more than a year prior to the examination, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Pruett of the 32nd District-
Senate Bill No. 38. A bill to provide for the place of holding the examination for admission to the Bar in Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.

MoNDAY, FEBRUARY 8, 1937.

853

The bill . having received the requisite constitutional majority was passed.

Senator Lindsay of the 34th District moved that the Senate insist upon its amendments to House Bill No. 7, known as the "Dentistry Regulation Act" and that the President be instructed to appoint a Committee of Conference on the part of the Senate to confer with a similar committee from the House.
The motion prevailed and the President appoint~d as a Committee on the part of the Senate the following:

Senators Lindsay of the 34th District, Brock of the 37th District, Purdom of the 46th District.

The following resolution of the House was read and adopted:
By Mr. Sutton of Wilkes-
House Resolution No. 70. A resolution providing for a joint session of the General Assembly today, February 8th, in the Hall of the House of Representatives at 1:00 o'clock, P. M., to hear brief addresses by distinguished visitors present in Atlanta, and at the State Capitol.
The President appointed as a committee of escort on the part of the Senate under the provisions of House Resolution No. 70 the following:

Senators Aultman of the 23rd District, Williams of the 5th District.

A communication from His Excellency, the Governor, was received through the Executive Secretary, Hon. Downing Musgrove.

854

JouRNAL oF THE SENATE,

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

By Senators Chason of the 8th District and Greer of the 13th District-
Senate Bill No. 45. A bill to amend an Act which revised the Health Laws of the State of Georgia and provided for the appointment of a State Board of Health by providing for a change in the manner of selecting a physician member of County Boards of Health, and for other purposes.

Senator Atkinson of the 1st District offered the following amendment to Senate Bill No. 45:
By adding the following proviso at the end of Section 1 thereof: "Provided, that the provisions of this section relating to the composition of county boards of health shall not apply in any county in which the county board of health membership has been enlarged by special act of the Legislature prior to January 1, 1937."
The amendment by Senator'Atkinson was adopted.

Senators Millican of the 35th District, Lindsay of the 34th District, and Atkinson of the 1st District offered the following amendment to Senate Bill No. 45:
By adding the following proviso at the end of Section 1 thereof: "Provided further, that the provisions of this Act shall not apply to cities and counties having a population of 70,000 or more by the present or any future Federal Census which city or county has a constituted board of health except by consent of the governing authorities of said city or county."
The amendment was adopted.

Senator Peebles of the 18th District offered the following amendment to Senate Bill No. 45:

MoNDAY, FEBRUARY 8, 1937.

855

By striking the word "and" appearing immediately after the figures "$5000" in line 6, page 2, and inserting in lieu thereof the word "if"; and by striking the word "shall" in line 6, page 2, and substituting in lieu thereof the word "does".
The amendment was adopted.

Senator Harrell of the 12th District offered two amend-

ments which were lost.

.

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

On the passage of the bill, as amended, the ayes were 33, the nays 4.

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

By Senator Whitehead of the 30th District-
Senate Bill No. 68. A bill providing that it shall be unlawful in this State for any mule or horse trader or dealer to misrepresent the age of any mule or horse or to alter in any way the condition of the mouth or teeth of the mule or horse that is offered for sale, and for other purposes.
The committee offered the following amendment to Senate Bill No. 68:
To amend Section 1 thereof by striking said section in its entirety, and substituting in lieu thereof the following:
"Section 1. It shall be unlawful for any mule or horse dealer, trader or seller to intentionally misrepresent the age of any mule or horse sold, about to be sold, or offered for sale."
The committee amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

856

JoURNAL OF THE SENATE,

On the passage of the bill, as amended, the ayes were 40, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th District-
Senate Bill No. 75. A bill authorizing the Insurance Commissioner to appoint certain investigators for the activities and business of insurance companies doing business n Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 19, the nays 11.
The bill having failed to receive the requisite constitutional majority was lost.

Senator Lindsay of the 34th District gave notice of a motion which he would make to re-consider the action of the Senate in defeating Senate Bill No. 75.

By Senator Knabb of the 4th District-
Senate Bill No. 83. A bill to amend Section 13-1901 of the Code as amended by the Act approved March 15, 1935, defining and limiting the liability of stockholders of banks incorporated under Title 13 of the Code, so as to make the same apply to the stockholders of banks incorporated under any general law for the incorporation of banks, or any special legislative charter, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, FEBRUARY 8, 1937.

857

By Senator Knabb of the 4th District-
Senate Bill No. 84. A bill to amend the Banking Law as codified in Title 13 of the Code of 1933 as follows: Amending Section 13-2031, relating to the reduction of surplus by losses, by providing for the restoration thereof in a sum equal to twenty per cent of the capital stock, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

Mr. President: The Speaker has appointed as a Committee of Confer-
ence on the part of the House to confer with a like committee on the part of the Senate on House Bill No. 7, the following members of the House, to-wit:
Messrs. Cochran of Thomas, Grayson of Chatham, and Lanier of Richmond.
The following conference committee report was adopted:
. To THE SPEAKER oF THE HousE AND PRESIDENT OF THE SENATE:
We, your committees from the House and Senate on House Bill No.7, have conferred and unanimously agreed that

858

JOURNAL OF THE SENATE,

(1) The House recedes from its disagreement to the Senate Amendments with the following proviso to be added to the Senate Amendment to Sec. A~sub par. "1N' as follows:
"Provided however that this section shall not be construed as amending or modifying the present law relating to clinics as set out in Section 84-722 of the Code of Georgia 1933."
'
Respectfully submitted,
On the part of the Senate:
LINDSAY of the 34th District,
PuRDOM of the 46th District,
BRocK of the 37th District.

February 8, 1937.

On the part of the House: CocHRAN of Thomas, LANIER of Richmond, GRAvsoN of Chatham.

By Senator Knabb of the 4th District~
Senate Bill No. 85. A bill to amend the Banking Law as codified in Title 13 of the Code of 1933 as follows: Amending Section 13-2012, requiring loans to officers, directors, agents, and employees to be secured, by specifying the kind of security which is to be required, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed;

MoNDAY, FEBRUARY 8, 1937.

859

By Senator Millican <;>f the 35th District-
Senate Bill No. 9L A bill to amend Section 73-202 of Title 73 of the Code of Georgia, which provides for the appointment, duties, term of office, and salary of State Oil Inspectors, so as to make the tenure of office of said inspectors subject to the pleasure of the Comptroller-General, and for other purposes.
Senator Millican of the 35th District offered the following amendment to Senate Bill No. 91:
By striking Section 1 and changing the other sections to read accordingly and to amend the caption so as to conform thereto.
The amendment was adopted.

Senator Harrell of the 12th District offered the following amendment to Senate Bill No. 91:
To amend Section 3 by striking from said Section 3 the words "Oil Chemist and."
The amendment was adopted.
The report of the committee, which was favorable to the
passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Harrison of the 17th District moved that the Senate do now recess until 12:55 o'clock, P. M.

Senator Millican of the 35th District moved to amend the motion by Senator Harrison of the 17th District by providing that the Senate, upon returning from the joint session today, would remain in session until otherwise ordered by the Senate.

860

JouRNAL oF THE SENATE,

The amendment was adopted.
The motion by Senator Harrison, as amended, was adopted, and the President announced that the Senate stood recessed until 12:55 o'clock, P. M., today.

The President called the Senate to order and the members thereof, led by the President and Secretary of the Senate, repaired to the Hall of the House of Representatives.
The President called the joint session of the General Assembly to order.

Hon. John W. Hammond, Secretary of the Senate, read House Resolution No. 70, which provided for the joint sesston.
His Excellency, the Governor of Georgia, accompanied by His Excellency, the Governor of South Carolina, and distinguished guests, entered the Hall of the House of Representatives and occupied seats arranged for them.

Hon. John B. Spivey introduced to the General Assembly Governor E. D. Rivers who in turn presented the distinguished guests in his party.

Hon. Frank Bane of the Social Security Board and Governor Olin Johnson of South Carolina spoke briefly to the General Assembly.

Mr. Coleman of Lowndes mov.ed that the joint session do now dissolve and the motion prevailed.
The members of the Senate returned to the Senate Chamber and the Senate was called to order by the President.

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

MoNDAY, FEBRUARY 8, 1937.

861

By Senator Terrell of the 19th District-
Senate Bill No. 124. A bill to amend Title 73, Chapter 73-2 of the 1933 Code, to prevent deception, substitution, and misbranding in the storing or selling of liquid fuels, lubricating oils, etc., and for other purposes.
Referred to Committee on Uniform Laws.

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

By Mr. Zellner of MonroeHouse Bill No. 11. A bill to amend the Acts incorporat-
ing the City of Forsyth, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of GlynnHouse Bill No. 43. A bill to increase the salary of the
Judge of the City Court of Brunswick, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Fowler of TreutlenHouse Bill No. 135. A bill to amend the Acts creating
and establishing the City Court of Soperton, and for other purposes.

862

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hill of Screven-
House Bill No. 142. A bill to be entitled an Act amending the several Acts incorporating the City of Sylvania, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill ha-ving received the requisite constitutional majority was passed.
By Senator Millican of the 35th District~ Senate Bill No. 93. A bill to provide that in certain
counties the Board of Commissioners of Roads and Revenues, or the body in charge of affairs of the county, shall have authority to take over by lease or such other operation of any public charitable hospital now maintained by any municipality located in said county, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Johnson of the 42nd District asked unanimous consent that the following bill of the Senate be withdrawn from the Committ~e on Public Library, read a second time, and recommitted to the Committee on Public Library:

MoNDAY, FEBRUARY 8, 1937.

863

By Senator Johnson of the 42nd District-
Senate Bill No. 50. A bill to establish a State Board for the certification of Librarians; to provide for appointment, powers, duties, and functions of said Board, and for other purposes.
The consent was granted and Senate Bill No. 50 was read a second time and recommitted to the Committee on Public Library.

By Senator Lindsay of the 34th District-
Senate Bill No. 95. A bill to define contracts of life insurance; to provide that persons, firms or corporations issuing such contracts shall be subject to the laws regulating life insurance companies, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Lindsay of the 34th District-
Senate Bill No. 100. A bill to repeal a part of Section 40-406, of the 193~ Code, dealing with supplemental aPpropriations, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Millican of the 35th DistrictSenate Bill No. 109. A bill to amend an Act approved

864

JouRNAL oF THE SENATE,

March 15, 1935, providing for the appointment of jury commissioners of several counties, by adding to Section 1, "Except in those counties of this State having a city with a population of 200,000 or more by the United States census of 1930," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution of the Senate was read and adopted:

By Senator Spivey of the 16th District-
Senate Resolution No. 39. A resolution expressing the sympathy of the Senate upon the death of Hon. 0. V. Jackson, Cochran, Georgia, a brother of the distinguished Senator of the 14th District.
The following privilege resolutions were read and adopted:
By Senators Spivey of the 16th District and Forrester of the 44th District-
A resolution extending the privileges of the floor to Mrs. L. M. Moye, Mrs. L. E. Anderson, and A. J. Moye, the charming wife, daughter, and son of the distinguished Senator of the 11th District, and to Mrs. Walwrath all of Cuthbert, Georgia.

By Senator Spivey of the 16th District-
A resolution extending the p~ivileges of the floor to Major B. J. Fowler of Macon, Georgia.

MoNDAY, FEBRUARY 8, 1937.

865

By Senators Williams of the 5th District, Harrell of the 12th District, and Johnson of the 42nd District-
A resolution extending the privileges of the floor to Rev. Tom Wheelis of Bartow County.

By Senator Millican of the 35th District-
A resolution extending the privileges of the floor to Miss Bessie Kempton, a former member of the General Assembly from Fulton County.

Senator Pope of the 7th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

866

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
TUESDAY, FEBRUARY 9, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Pope of the 7th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported the Journal of yesterday's proceedings had been examined and found to be correct.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has passed by the reqmstte constitutional
majority the following bills and/or resolutions of the House and/or Senate, tO-wit:
By Senators Patten of the 6th District and Williams of the 5th District-
Senate Resolution No. 20. A resolution requesting a committee from the House and Senate be appointed to inyestigate the housing needs of the Departments of the State.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 93. A bill to be entitled an Act to regulate

.TuESDAY, FEBRUARY 9, 1937.

867

charitable trust created by will, gift, etc., and for other purposes.

By Mr. Davis of Floyd-
House Bill No. 141. A bill to be entitled an Act to provide for the listing and adoption of textbooks for use in the public schools of this State, and to prescribe the duties of the State Board of Education, and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

By Mr. Cochran of Thomas-,-
House Bill No. 7. A bill to amend an Act approved August 17, 1920, entitled "Dentistry Practice Regulated," and for other purposes.

Senator Lindsay of the 34th District moved that the Senate reconsider its action in defeating the following bill of the Senate:

By Senator Millican of the 35th District-
Senate Bill No. 75. A bill authorizing the Insurance Commissioner to appoint certain investigators for the activities and business of insurance companies doing business in Georgia, and for other purposes.
On the motion of Senator Lindsay, Senator Terrell of the 19th District called for the previous question, and the call was sustained.
On the adoption of the motion by Senator Lindsay, the ayes were 36, the nays 2. The motion prevailed and Senate Bill No. 75 took its place on the calendar.
Senator Lindsay of the 34th District asked unanimous consent that the report of the Committee on General Judiciary No. 1 on Senate Bill No. 67 be expunged from the

868

JOURNAL OF THE SENATE,

record and that the bill be recommitted to the Committee

on General Judiciary No. 2.



The consent was granted and Senate Bill No. 67 was recommitted to the Committee on General Judiciary No.2.

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 Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:
1. Introduction of riew matter under the rules.
2. Reports of standing committees.
3. Second reading of Senate and House bills and resolutions favorably reported.
4. First reading and reference of House bills and resolutions.
5. Special orders.
6. Putting on passage general and local Senate and House bills and resolutions ready for third reading.
The consent was granted.

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on Finance has had under consideration the following bill of the- Senate and has instructed me, as

TuESDAY, FEBRUARY 9, 1937.

869

chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 110.

Respectfully submitted, ENNis, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the . Senate with the recommendation that the same do pass:
House Bill No. 222.
House Bill No. 165.
House Bill No. 164.
House Bill No. 290.
House Bill No. 277.

Respectfully submitted, PEEBLES, Chairman.

Senator Harrison of the 17th District, Chairman of the Committee on Public Welfare, submitted the following report:

Mr. President:
Your Committee on Public Welfare has had under consid~ration the following bills of the House- and has instructed

870

JouRNAL OF THE SENATE,

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 218. House Bill No. 219. House Bill No. 231.

Respectfully submitted, HARRISON, Chairman.

Senator Harrison of the 17th District asked unanimous consent that the Secretary be authorized and instructed to have printed the following bills of the House:

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 218. A bill to promote the Public Welfare by providing aid to dependent children, and for other purposes.

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 219. A bill to promote the Public Welfare by providing for assistance to the needy aged, and for other purposes.

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 231. A bill to promote the Public Welfare by providing aid to the needy blind, and for other purposes.
The consent was granted and the Secretary was ordered to have said bills printed and distributed to the members of the Senate.
Senator Ennis of the 20th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Finance, read a second time, and recommitted to die Committee on Finance:

'TuESDAY, FEBRUARY 9, 1937.

871

By Senator Ennis of the 20th District-
Senate Bill No. 104. A bill to establish a Civil Service Commission; to provide for the appointment of members of the Commission; to provide for the removal of persons in the State Service; and for other purposes.
The consent was granted, the bill read a second time, and recommitted to' the Committee on Finance.
The following bills of the House, favorably reported by the committees, were[read the second time:

By Mr. Pilcher of Warren-
House Bill No. 164. A bill to amend the Act entitled ' "An Act to amend the charter of Warrenton, Georgia," and
for other purposes.

By Mr. Pilcher of Warren-
House Bill No. 165. A bill to amend an Act entitled "An Act to Incorporate the Town of Warenton," and for other purposes.

By Mr~. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 218. A bill to promote the Public Welfare by providing aid to dependent children, and for other purposes.

By Mr. Grayson of Chatham and Mrs. Coxon of Long-
House Bill No. 219. A bill to promote the Public Welfare by providing for assistance to the needy aged, and for other purposes.

By Mrs. Mankin and Messrs. Hastings a;nd Kendrick of Fulton-
House Bill No. 222. A bill to amend an Act creating a new charter for the City of East Point; and for other purposes.

872

JouRNAL OF THE SENATE,

By Mr. Grayson of Chatham and Mrs. Coxon of Long-
House Bill No. 231. A bill to promote the Public Welfare by providing aid to the needy blind, and for other purposes.

By Messrs. Smith, Leonard, and Elliott of Muscogee-
House Bill No. 277. A bill to extend the corporate limits of the City of Columbus, Georgia, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 290. A bill to amend the charter of the City of Brunswick, and for other purposes.
The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Pruett of the 32nd District-
Senate Bill No. 110. A bill to amend Section 92-1410 of the 1933 Code by providing that money derived from the gasoline tax shall be paid to counties on a monthly basis, and for other purposes.

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

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 93. A bill to regulate charitable trust created by will, gift, etc., and for other purposes.
Referred to Committee on General Judiciary No.2.

By Mr. Davis of Floyd-
House Bill No. 141. A bill to provide for the listing and adoption of text books for use in the public schools, and for other purposes.

Referred to Committee on Education and Public Schools.

lTuESDAY, FEBRUARY 9, 1937.

873

The following bills of the House having been established as special orders for the day were read the third time and put upon their passage:.

By Messrs. Simmons of Decatur, Davis of Floyd, Gammage of Terrell, Harris of Richmond, Culpepper of Fayette, and many others-
House Bill No. 123. A bill to be entitled an Act to equalize educational opportunities; to provide for the operation of the public schools of the State; to fix a minimum public school term; and for other purposes.

Senator Patten of the 6th District offered the following amendment to House Bill No. 123:
To amend said bill by striking from Section 5 thereof the last paragraph of said Section which reads as follows:
"The State Board of Education in determining the apportionment of teachers, as provided for this section, shall make separate determinations, apportionments, and allowances for colored schools and white schools."
The amendment was adopted.
Several other amendments were offered, all of which were lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 43, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Millican of the 35th District moved that the Senate recess until 1:30 o'clock, P. M., at which time it re-

874

JouRNAL OF THE SENATE,

convene for the further transaction of business until otherwise ordered by the Senate.
The motion prevailed.
The President announced that the Senate stood recessed until 1:30 o'clock, P. M.

The hour of 1:30 o'clock, P. M., having arrived, the President called the Senate to order.

The following communication from His Excellency, the Governor, was read:

HoN. JoHN B. SPIVEY, President, AND MEMBERS OF THE SENATE, Georgia State Senate, State Capitol, Atlanta, Georgia.

. February 8, 1937.

Dear Mr. President and Senators:
Dr. D. T. Rankin, Superintendent of the State Tuberculosis Sanatorium, at Alto, has furnished me with a list of the names and addresses, by counties, of the citizens of Georgia who have applied for admission in this ,institution.
This list has opposite the name the letter "E" for those cases considered emergency cases.

Dr. Rankin advises me that during 1936 this institution averaged 301.8 patients per day, and that 804 patients were cared for. He states they made 1937 consultation examinations and were able to give collapse therapy to 64.87 percent of their adult patients. He states, however, that during 1936 the waiting list of the institution increased from

TuESDAY, FEBRUARY 9, 1937.

875

791 to 1008. He states that at the present time they have on the waiting list approximately 175 white men and women applicants, who are in the emergency class. He states that their entire colored waiting list amounts to 307.
Dr. Rankin advises me that 200 more beds at Alto would be able to handle the white emergency waiting list, and that 60 more beds are needed on the colored side to do the same thing.
He suggests that in order to expand the institution to meet these emergencies that it will be necessary to add wings to the main building, so that all white adult patients would be under one roof, and also wings to the negro building for the same purpose. After adding these wings, he states, it will be necessary to enlarge the nurses' home and build two additional doctors' cott~ges.
In addition to this building program, he advises me that due to the increase in price of supplies the per capita cost per patient per day at the institution has increased from $1.58 in 1935 to $1.73 in 1936, and forecasts further advances.
He also calls attention to the fact that during the last administration salaries were cut to the bone, amounting to from 25 per cent to 40 per cent, depending upon the size of the salary. He states this cut has made it well nigh impossible for him to keep an efficient personnel at the institution.
In the light of the foregoing facts, it will not only be necessary to have an expanded building and equipment program, but also a substantial increase in the maintenance fund.
This information is called to your attention for your consideration and direction.
Respectfully yours,
E. D. RIVERS,
Governor.

876

JOURNAL OF THE SENATE,

Qounty

City

NAME

Application Received

Appling________ Baxley__________ _ Inez Durham_________ _

Bacon__________ Alma___________ _ Mrs. Floyd White _____ _

Co"ffee__________ _

M:r.:rCs..

Claude White____ Tyre (E) ________

_ _

Alma ___________ _ Rosa P. Kight (E) ____ _

Baldwin________ Milledgeville____ _ Clemon Walker_______ _

Barrow_________

Wind"er_________ _

Fannie Hollo.. ay _____ _ H. S. Miller ____ - _____ _

Bartow_________

Pin"e Long ______ _

R. A. :Jackson________ _ H. F. Willis ___________ _

Kingston _______ _ Annie HilL __________ _

Adairsville______ _ Ella Turner __________ _

Emerson _______ _ Hugh Bryant_________ _

Adairsville _____ _ Mr. M. Holcombe _____ _

Cartersville_____ _ Annie Hutcheson ____ _

"

:Josephine Satterfield_

I. W. :Jarrett_---- _____ _

Kingston_______ _ Cecil Colston_________ _

Ben HilL ______ Fitzgerald______ _ B. A. Bishop_________ _

Abba"___________ _

S. H. Gamer_________ _ Betty Livingston _____ _

Fitzgerald______ _ Ethel M. Stevenson__ _ Rochelle________ _ B. W. Livingston _____ _

Berrien_________ Enigma _________ _ Mrs. Hattie Davis (E) __

Nashville_______ _
"

MMrr.s.:rA. nTc.ilNSaipzieemr _o_r_e_____

_ _

Alap"aha ________ _

Mrs. Lois M. Gillespie_ Emanus Davis________ _

Bibb____________ Macon __________ _ Miss Eva Loggins (E) __

" "

Lois Tuggle(~) _______ _ Lizzie Watts(.!!.) _______ _

"

Mr. W. M. Adams (E)___

"

Mr. W. L. Brantley (E)_

"

Mr. W. L. Christian (E)

" "

Mr. G. W. Flowers (E) __
Mrs. :r. W. Haddock___
Mrs. Paul Keen _______ _

Mrs. Ella CarrolL____ _

" " "

Mr. G. B. Wood _______ _ Mr. :I. R. Cook _______ _ Walter Eolly__________ _ Billy Kelley ___________ _

Maggie VeaL _________ _

"

Sarah Thomas _______ _ S. W. Hatfield _______ _

Thomas Holston _____ _

Gladys Green ________ _

"

W. A. Callo-.r.ay _______ _

"

Harris Whitcomb _____ _

"

Mrs. Mrs.

:Sr.arWa.

McDermitt __ Castellaw __ _

"

Louise Eunice ________ _

9-4-33 8-10-36 8-19-36
12-28-36
6-20-36 1-4-36 6-28-34
11-28-35 1-29-35 7-28-36 1-31-35 1-7-37
10-24-36 10-22-34 10-9-36 8-27-36
6-30-36 11-29-36 7-24-36
4-22-36 10-10-34 7-21-36
4-1-34 12-19-36
6-3-34
4-29-36 6-29-35 6-27-34 11-11-36 4-9-36
10-7-36 4-26-36 4-26-36 5-12-36 4-23-36 8-1-33 10-13-33 10-13-33 9-16-34 9-16-34 10-7-36
10-21-36 12-7-34
3-11-36 8-3-36 8-11-36
11-15-34 5-17-34
9-16-34 1-21-36 1-21-36 1-21-36

TUESDAY, FEBRUARY 9, 1937.

877

County

City

NAME

Application Received

Bibb-Cont'<L__

Macon-Cont'd__

Evie Clark____________ _ W. M. Le~is __________ _

"

JMarnsi. eMCinonopieerB_ _a_n_k_s__to__n_.

Mrs. Nancy Preston __ _

" "

Alpha Hurston _______ _ E. B. Mercier_ ________ _

" " "

AC.dLa .LGa ci bksaoyn__-_-_-_-_-_-_-_-_- -_ Philip MitchelL ______ _ Sandy Harris_________ _

Bleckley_______ .

" Ma"rshallville ___ _
E~pire _________ _

Essie Evans __________ _

Ruth Cherry_________ _

RD.avoi.dBRloowge_r_s__________________

_ _

Mrs. Chas. Fountain__ Cochran________ _ Mrs. Laura Belinger__ _ Empire_________ _ Travis Knight. _______ _ Chester_ _______ _ Ike Holland__________ _

Brooks _________ Quitman_______ _ W. M. Deese Liv ______ _

" " "

Benjamin H. Bishop __ Livingston Deese_____ _ J. H. Cox ____________ _ S. J. Murphey________ _

Bryan__________

" " Ella"bell_________ _

Carl Hutchinson_____ _ Susie Thomas________ _ Chas. Moseley________ _ S. B. Lewis___________ _

Bullock_________ PortaL ________ _ T. B. Hodges_________ _
Statesboroc ____ _ Calvin c. Deal________ _
Brooklet________ _ Ada Hendley (E)______ _

Sta"tesboro_____ _ HJaennireyAEkdiwnsa_r_d_W___a_t_e_rs___

Pen"broke_______ _

Mrs. Joshua Smith___ _ Dave Martin __________ _

Burke __________ Midville ________ _ H. L. v.:alea___________ _

Waynesboro ____ _ Daisy Slydell_________ _

Louisville ______ _ Caldonia Bro.vn___ c __ _ Keysville_______ _ Custon Bussey_______ _

Midville ________ _ Lottrell Ho.vard______ _

Butts___________

Jac"kson________ _

Mamie Lee Sampson__ _ Dude Bell (E)_________ _

"

Esca Harvey Pace (E) __

Calhoun_---~--

" Edi"son _________ _

LVuelcvyeGteoenolHsboyll_a-n-d--_-__-_--_ Arthur E. Chester____ _

Camden ________

St. "Marys_______ _

Franz Weaver_________ _ Alvin Wilson _________ _

PWualvaeskrliy____--_-_-_-_-_--_

A. P. Copeland_______ _ Lonnie Ellis__________ _

"

Russell Mercer_-------

1-21-36 6-29-35 7-22-35 6-17-35 11-1Q-34 1-15-36 3-26-33 &-19-36 11-30-34 7-2-36 1Q-17-35 5-9-34 1-21-36 9-1Q-36 7-4-34 7-4-34 6-15-35 1-1&-37 5-11-36 4-17-36 9-25-35 4-3Q-36 12-4-36 &-26-36 12-7-35 7-3-34 11-2Q-35 1Q-23-36 11-2&-34 11-2&-34 1-16-36 5-28-33 &-13-34 6-1Q-35 1-11-36 6-1-36 4-1-35 1-15-36 4-21-36 3-16-35 3-1&-35 7-6-34
1~Q-34
12-2Q-34
12-24-34 6-14-36 7-21-36 6-9-36 6-9-36 11-7-35 11-7-35

878

JOURNAL OF THE SENATE,

County

City

-NAME

Application Received

Candler________ Cobbtown ______ _ Mrs. Evelin Glisson __ _

Graymont ______ _ Mrs. N. F. Spangler __ _

Metter__________ _ Walter Watson ________ _

CarrolL ________ Carrollton______ _ Jessie Wilder _________ _

Whitesburg ____ _ A. W. Smith__________ _

Carrollton______ _ Bowden________ _

Lucille C. Hudgins (E). Mrs. Mary Duke (E)___ _

VCialrlraoRllitcoan___-_-_-_-_--_

Ruth P. Moore (E)____ _ S. W. Lee (E) _________ _

C a t o o s a _________

" " Ring"gold_______ _

MJ.rEs..

HH.u1g1h. ePsr

(E)------~ ice______ _

Mrs. Viola Reeves_____ _

Mrs. MayneR. Cain (E}

" " "

Roy Crabtree (E) _____ _ Cecil Renzo Byrd (E) __ G. S. Reed ___________ _ C. J. R. Pharr________ _

" " " Tun"nell HilL __ _

F. K. Vaughn ________ _ Jessie Yates__________ _ Geneva Johnson_____ _ H. L. Partin__________ _ R. A. Perry___________ _

Chatham_______

Sava"nnah______ _

Mrs. J. J. Stanfield__ _ Elizabeth Vallion (E) __

" "

Mamie Ed -.ards (E) ___ _ Margaret Butler (E) ___ _ J. W. Steele (E) _______ _

Edward W. Walsh (E) __

" "

J.P. Griffin _________ _ Emanuel Manson_____ _ H. A. Yopp ___________ _

M. H. Larisy__________ _

Letha Sims. __________ _

Mrs. L. J. Thomas ____ _

Mrs. Maude Smith____ _ Mrs. Nora Oliver______ _ Georgia Wolfe ________ _

Mrs. Bona Kromstadt __

Mrs. Alice L. Cabaniss Miriam Surrency _____ _ Edith Griffin _________ _

"

Floyd Gamble ________ _ James Meyer _________ _

Lucious Sapp________ _

"

Oscar Johnson _______ _ George Scott_________ _

Vincent Riley ________ _ Willie Groover ________ _ Lottie Morgan________ _

" "

Geneva Coleman_____ _ Ella Matthews________ _

1-24-36 9-17-33 12-19-35 9-27-36 11-14-34 5-2-35 3-12-36 11-14-36 8-11-36
11-23-36 5-5-35 5-17-35 1--4-37
5-27-36 8-21-36
3-31-34 7-29-35 3-5-36
6--4-34
8-3(}-35
1-19-35 5-31-35 11-28-33 9-27-36 7-12-36 1Q-28-36
6-19-35 9-2-35
6-19-35 9-25-35
2-27-36 7-3-36 5-9-34 11-12-35 2-13-36
3-3-36 8-16-33 9-17-33 9-21-33 11-13-33
11-26-36
5-29-36 1-12-27
6-19-35 8-2-35
1.:.22-M
3-7-36 4-23-36 12-5-33 12-7-33 3-1Q-34

TuESDAY, iFEBRUARY 9, 1937.

879

County

City

NAME

Application Received

Chatham-

Savannah-

Cont'd_

Cont'd_ Mary Lou Irvin_______ _

Geneva Mae Dozier___ _

C h a t t o o g a ______

Lyer"ly__________ _

Fred R. Mincent______ _ Mrs. B. II. Millican (E)

Tr"ion___________ _

John Reynolds (E) ___ _ D. W. Chandler_______ _

Summerville____ _ C. R. HilL___________ _

Trion ___________ _ Lee Smith____________ _

Berryton _______ _ Mrs. Estelle Wilson ___ _ Summerville____ _ Mrs. Amanda Butler___ Gayleville ______ _ Joe Reece ______ ~-----Lyerly__________ _ Mrs. Susie Smith_____ _ Trion ___________ _ Mrs. Levada HilL _____ _

Summerville.. ___ _ EcLard S. llill _______ _ Cherokee_______ Lebanon _______ _ Mary Glass (E)________ _
Canton_________ _ J. L. llughes (E) _____ _

W"oodstock______ _

J. C. Rollins (E) ______ _ Ruth Keys___________ _

Canton_________ _ Mrs. Naomi Clayton__ _

" "

Mrs. Georgia Pittman__ E. L. Cox_____________ _ Ezie B. Fields ________ _

Clarke_________ Athens _________ _ Viola Leseueur (E)____ _

"

Mrs. H. B. llubbard (E)

Janie M. Cleveland (E).

Magnolia Taylor (E) ____

Dock Mattox (E)______ _

"

Emerson W. Smith___ _ D. T. Long ___________ _

Charlie Evans ________ _

Jimmie Wilson________ _

"

Mrs. C. L. Pridgean___ _ Mrs. Alberta llill _____ _

Mrs. Minnie Godfrey __

Mrs. LoUise Chandler__ Miss Nellie Boone_____ _ Jim Roebuck_________ _

John N. Grant _______ _

Magnolia Roebuck____ _

Willie B. Kendrick____ _ Annie Thomas _______ _

Sara Fortson _________ _

Carroll Scarbrough___ _

Clayton________ Forest Park____ _ Mr. Clifford Butler___ _

MOIT<YN ---------- Mr. F. G. Parker______ _

Clinch_________

St"ocktOn_______ _
llomerville_____ _

Wm. P. Grant _____ ~--RWailylieRaSmtoscekyt_o_n__-_-_-_~_-_-_-_

Du"pont_________ _

Bessie Mae Speed_____ _ G. C. Griner __________ _

llomerville______ _ Rosa B. Rucker ______ _

3-14-34 6-2-34 7-26-34 10--2-36
11--3-36 10--31-36 11-9-36 11-30--36
6--6-34 11-23-36 11-23-36
10--28--33 11-14-33 11-9-36 12-17-36 11-3-36
6-16-36 1-23-35
4-28-35 6-2-36
B-9-36 11-7-35 9-21-34 11-2-36 2-25--36
9-12-36 12-23-3!)
5--2-&.. 7-11-35
12-30--36 12-30--36 1-24-34 B-10--34 6-29-35 12-12-35
B-9-33
9-16-36 9-19-35
5--30--34 6-24-34
1--4-35 1-19-35 4-11-35 12-12-34 12-19-34 7-12-35
6-24-36
10-26-35
5--1--35
9-30--36 12-16-33

880

JOURNAL OF THE SENATE,

County

City

NAME

Application Received

Cobb ___________ Marietta ________ _ Mrs. J. W. Martin (E) __ 7-7-36

Acw" orth________ _

Mrs. Mae Griffin (E) __ _ Lessie Puryear (E)____ _

Austell_________ _ Charlie Stephens (E) __

Marietta ________ _ Elsie Davis ___________ _

8-26-36 12-16-36 7-31-36
7-3-34

Au"stelL _______ _

Mr. Mr.

J. C. Stephens___ _ Wayne Roberts ___ _

7-7-35
9-4--35

Powder Springs_ Mr. J. H. Rakestra,v___

Ac-.vorth________ _ Mrs. F. E. Moses______ _

Ma"rietta ________ _

Jennie Miler __________ _ Nina Ellis ____________ _

6-9-36 12-13-35
8-8-36 1Q-2-36

"

Thos. D. Pruitt______ c_ 12-3Q-34 Luther Puryear_ ______ _ 5-1Q-35

Elsie Davis ___________ _ 7-3-34.

Coffee__________ Douglas________ _ Pauline Atkinson (E) .. 12-4-35

"

Hattie Atkinson______ _ Carl Evans (E) ________ _

0. E. Smith__________ _

Broxton________ _ T. W. Matox __________ _

1-11-35 5-6-36 3-26-33 5-9-36

Colquitt________ Moultrie ________ _ Clayton Brooks (E) ___ _ 11-26-36

Hartsfield______ _ C. M. Goolsby (E) __ :__ _ Doerun_________ _ James A. Brooks (E) __ _ Moultrie ________ _ Joshua C. Webb ______ _

12-8-36 12-17-36 11-6-35

Mei"gs___________ _

W. V. England________ _ Claude Waller_ _______ _

Doerun_________ _ Janie Brewer_________ _

Moultrie________ _ Miss Fannie Freeman_.

3-16-35 4-5-36 8-1Q-34 1Q-17-34

Crossland______ _ R. A. Perry___________ _ Hartsfield______ _ Carrie Smith_________ _ Moultrie________ _ Lillie B. Cole_________ _

5-26-36 9-8-33 12-3-36

"

Joe Howard__________ _ 9-25-35

"

Nellie B. Williams _____ _ 12-21-33

"

FMainssnMieaMckoernrisF_r_e_e_m__a_n___

4-5-35 4-29-34

Columbia_______ Appling________ _ :Mrs. Ruby Reed (E) __ _ 8-31-35

Cook.----------

LSepnaorkxs___________________ __

JaUnita Vittum (E)___ _ Matilda S. Burnette (E)

9-15-36 1-13-37

" Ad" eL __________ _

Wm. B. Pendarvis (E) __ T. F. Bunnette_______ _ Ruby Myers __________ _

Le"nox__________ _

Doris Sloan__________ _ Fannie Tendon.._____ _

Coweta _________ Newnan________ _ Vera Cook (E) ________ _

1-4-37 3-11-35 6-12-35 2-25-36 4-11-34 12-3-36

" "

Lena Jones (E) _______ _ 1-5-37 Bessie Towns (E) _____ _ . 9-12-36

" <Xr"antville______ _

HThuobmeratsKHinugtc_h__i_n_s__(E__)__ Lawson Hawkins_____ _

Newnan________ _ Mary McLendon______ _

12-31-36 1-29-36 7-11-34 12-15-34

" " "

Mrs. Horace Hinesley__ 8-13-36

Georgia Lee Hood. ___ _ Dorothy Town________ _

4-11-35 1Q-22-34

TuESDAY, FEBRUARY 9, 1937.

881

County

City

NAME

Application Received

Crawford_______ Byron__________ _ Mr. Collier____________ _

Ft. "Valley ______ _

Clayton Turner ______ _ Mr. S. 'Vl. Barr________ _

Roberta ________ _ Raymond HilL _______ _

Crisp___________ ArabL _________ _ Mrs. Johnnie Jane (E). Cordele_________ _ Charlie Cox __________ _

Ara"bi_ __________ _

D. J. Smith__________ _ Ellen Smith__________ _

Cordele_________ _ Essie M. Adams _______ _

D a d e ___________

Hea"d River_ ____ _

Effie HalL ___________ _ Estell Ross (E) ________ _

Trenton ________ _ Albert J. La.vson_____ _

Dawson_________ Elijay __________ _ Tate Crane (E) ________ _

Da ,-sonville ____ _ E. L. Pruitt __________ _

D e c a t u r _________

Jlai"nbridge_____ _

J. B. Beck____________ _ Allean Wooten________ _

Whigham _______ _ M. W. Martin _________ _

DeKalb___ _____ _ Lithonia _______ _ Clyde Gibson _________ _

Decatur________ _ S. T. Lee_____________ _

" " " "

Prinzy Jeffers ________ _ Marion E. Patterson__ _ H. T. Bradford_______ _ Nancy Shaw__________ _ Blanche H;;uris _______ _

Stone Mountain. Kathleen Fanning____ _

"

"

Florine Miller_________ _ Ruth Lee_____________ _

Dodge__________ Gresston_______ _ Josh Daniels_________ _

Eastman _______ _ W. J. Connelly_______ _

Che"ster ________ _

Ola Belle Thomas _____ _ Walter Kelley_________ _

Dooly __ ___ ___ __ _ Pinehurst______ _ Bessie Layfield (E)____ _

LUinlalyd-i-ll-a--_-_-_-__-_-_-_--_

Walter E. Dunn ______ _ Preston Tooks ________ _

Vienna _________ _ M. T. Walker _________ _

Dougherty______

Alb"any_________ _

A. Carter_____________ _ Ethel Williams (E) ____ _

"

Annie Bennett (E) ____ _

William C. Shivers (E)_

Charles B. Moseley ___ _

Joseph Franzas______ _

Pa.k Jones ___________ _

"

Dan Guess ___________ _ Cherrie L. Watson____ _

" "

Sallie Jordan_________ _ Mercedes Fuller ______ _ John Lo.ve___________ _

James Butler_ ________ _

Jessup Garfield ______ _

Douglas________

Dou"glasville____ _

Stone" all James _____ _ Frances Hope (E) _____ _

7-19-34
7-26-34 8-6-34
9-29-36 7-27-36 4-10-34 7-27-36 7-14-36
2-8-35 7-27-36
9-24-36 8-4-34
12-5-36 3-5-35 3-25-36 7-23-35
5-23-36 7-7-34 5-3-34 8-7-35 8-31-35 9-1-34
11-18-36 8-19-34 5-12-36 6-25-36 9-19-35
10-24-36 2-6-36
4-3-36 9-21-36 11-16-36
10-17-35 11-16-36
9-5-33 4-8-36
5-16-36 10-2-36 10-28-36 7-17-34 11-19-36 12-28-36
8-16-36 9-8-34 3-14-35
9-19-36 2-15-36
5-8-36
5-12-36 2-6-36 10-17-36

882

JouRNAL OF THE SENATE,

County

City

NAME

Application Received

Douglas-

Douglasville---

Cont'd__

Cont'd__ Clayton Gibson (E) ___ _

Villa Rica ______ _ Henley Jeffers _______ _

Douglasville____ _ R. L. Gibson_________ _

Effingham______

"
" Guyt"on_--------

T. S. Stoyle __________ _ Jessie Harper ________ _ Irene Taylor__________ _ Annie Farmer________ _

Marlow _________ _ Florence Warren ______ _

Elbert__________ Elberton _______ _ Mrs. A. V. Speight (E)_

"

Mildred M. Bone (E) __ _

" Mid"dleton______ _

Mr. Frank Sassi (E)____ H. C. Carlton_________ _ Pearlie M. Mills _______ _

EmanueL _______ Adrian _________ _ Mrs. Geo. Colvin (E) __ _

Midville ________ _ Ada R. Bishop _______ _

Oak Park_______ _ Mrs. Cassie Keen _____ _

Sw"ainsboro_____ _

Sudie M. Coleman____ _ Mary Davis ___________ _

Midville ________ _ Ben Meadows _________ _

Evans _________ _ Claxton________ _ Jesse M. Bacon (E) ___ _

Manassas _______ _ Claxton________ _

Earnest Winton BelL_ W. B. Williams ________ _

Fannin________ _ Blue Ridge_____ _ Ada Clare (E) _________ _

Pierceville______ _ J. C. Whitmore (E) ____ _ Blue Ridge _____ _ E. W. Setser__________ _ Fayette_______ _ Fayetteville_____ _ Miss Lula Stanley____ _ Riverdale_______ _ L. E. Brown__________ _

Fayetteville_____ _ Evie Wilcoxon ________ _

Floyd___________

R~me"___________ _

Leona Grooms________ _ Hattie L. Cantrell (E)__

Lonnie Reed (E) ______ _

"

Mrs. Annie Barron (E)_

Mrs. Mamie Collie (E) __

"

Mrs. A.M. Rhinehart(E)

"

Mrs. J. L. Briggs (E)__ _

Lindale_________ _

Mrs. R. M. Carter (E) __ Fred Leonard (E)_____ _

Shannon_______ _ J. M. Vinson (E)______ _

Rome ___________ _ A. B. Cro~-e- _________ _

" " "

Hugh Williams ________ _ Roy Coggins__________ _
Carter Coker _________ _ J. J. Whitfield_______ _

" " " Li"ndale_________ _
Rome ___________ _

J.D. Watson_________ _ Lela Bing_____________ _ Kate Bright__________ _ Lula Swanson________ _
Mrs. Bertha Green__~-Mrs. Mary Chambers ___

" "

Fannie Boggs_________ _ Eudora Ayers_________ _

8-7-35 6-29-35 8-7-35 10-10-36 12-12-35
11-24-36 8-6-35 2-6-35 1-6-37 3-9-36 1-18-37
12-14-35
3-9-36 8-28-36 2-26-36 11-28-34 5-13-36
8-1-35 10-9-33 4-17-36
5-13-36 4-25-34
7-11-36 11-17-36
1-1-35 12-15-34
12-3-35 10-10-36 7-12-34
7-7-36 7-28-36 8-1-36 9-25-36 10-25-36 10-28-36
12-6-36 8-31-36 12-29-36
12-4-35 12-13-35
8-31-35 8-25-36
1-3-37 7-19-34
1Q-4-34
4-23-35 9-25-35 1-25-36
2-19-36 1-1ih37 9-24-33

TuESDAY, FEBRUARY 9, 1937.

883

County

City

NAME

Application Received

Floyd-Cont'<L

Armuchee_______ ltoDle ____________

Miss Annie White______ Sarah Zuber __________

Forsyth________ _

CU"""Dl-D-----l---in---g------_---_---_---_---_---__---

Edith Nobles __________ Eva ThoDlas ___________ MS.rsA..EFwaertlel sEsl_ro--d-_-_-_-_-__-_-

Franklin_______ _

" -------l t o y s"t o n _________
!Alashrtliann_d__________________

Mrs. G. E. Yarbrough_ Mr. J. L. Johnson_____ Joe Bray_------------Essie Carruth_________ Lucy Walters __________

Fulton__________ _ Atlanta__________ Miss Stogner (E)_______

Al"pha-r-e-t-ta--_-_-_-_-_-_
A t l a n t a __________

Mrs. G. F. Sheffield (E) Pauline Burnett (E) ___ CleDlie B. Willing-

haDl (E) __ -----------

" " " " " " "" " " " " "
."""..
"" " " " " " "" " "" " " " " " "

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Willie M. McClyde (E) __ Arthur E. Hays ________
Maggie Dewberry (E) ___ EDlDla Kirby (E) _______

Carrie M. Parkman (E)_ E. A. Murray (E) _______

Jack ltogers (E) _______

Creed Childress (E)____

C. E. McKeown (E) ____

Ww..

P. A.

Moon (E) ________ Owens (E)_______

H;enry Bearden________

RCalaDuldbeerBt aGioleoydl-o--e-_-_-__-_-_Armour Sylvester______

BJ..WF.. JSotninesso_n______-_-_-_-_-_-___ G. F. McLendon_______ J. W. Harper__________

Pontanious Jacobs____ John Wollenhaupt____ Ta.linadge Hawkins ____ W. K. ltoyal ___________
M. M. Bullard_________

JC..RW.. LSyDelriltyh_________-_-_-_-_-_-_-
R. L. Jeffars__________ Floy !lason____________ EDlily L. Wolfe_________

----------------------------------------

RMuistshJDosoewpihs _in__e__B_u__r_k_e_. Elsie Davis ____________
CoraL. Sidenfaden___

--------------------

Dollie Townsend.----Mrs. Lucile Shirley____

1o-26-33 3-5-36 3-28-36 1-1-37 5-27-35 12-7-33
12-11-33 1o-12-35 5-19-34 1o-1o-36 9-19-34 5-31-35 6-21-36 1o-25-36
1o-19-36 1o-24-35 3-21-36 2-15-36
9-4-36 2-23-36 12-5-36 6-11-36 9-18-36 11-11-36
1-1-37 7-1-35 12-17-35 1-19-35 2-28-35 3-29-35 3-25-34 7-4-34 8-29-34 9-11-34 5-24-35 5-So-35 7-4-36 3-5-36 6-18-36 6-3o-36 8-15-36 9-19-36 1o-18-36 2-8-34 5-4-34 5-17-34 7-19-34 2-26-35 6-26-35 11-18-35

884

JouRNAL oF THE SENATE,

County

City

NAME

Application Received

Fulton __________ Atlanta__________ Mrs. R. L. Tribble_____

" ---------" ---------Alp""har--e--t--ta----_--_--_--_-_--_-

Mrs. J. A. Wofford _____ S. A. Grace ____________ Orner Parker___________ Paul Matthews ________ Betty Potts____________

Atlanta __________ Ava Burnette__________

Ben" Hil-l-_-_-_-_-_-_-_-__-

Mrs. Sara Waller_ ______ J. J. Roberts __________

Atlanta ________ -- D. W. Coppinger_______

G i l m e r __________

" ---------" ----------

" " " "

-------------------------------------
----.------

" ----------

" "

-------------------

" ----------

" ----------

----------

----------

" " "

-------------------------------------

Pou"lan-_-_-_-_-_-_-_-__-_-

Miss Gaynor Lyon _____ Mary Quidor __________ Sara Culver___________ Dasy Watson __________ Lee E. Harris __________ Mrs. Clara Hobbs ______ FCraarnrikeiBeoDyde~l-L-_-_-_-_-_-_-_-_-_ Geikie Smith__________ Leonia Envin__________
MBeasrsoileaLSeter_o_~_-_-__-_-_-_-_-_-_-_
Margaret Campbell____ Tensie M. Glenn ______ Sallie M. Gordon______ Ora Watson____________ Hosch Golden_________ Cornelia Cassey_______ T. T. Gholston________ H. M. Key_____________

Ellijay___________ Mrs. Eumce Chadwick.

G l a s c o c k ________ G l y n n __________

Gib""son_--_--_--_--_--_--_--__--_--
Brunswick ______

Mrs. Dan Hood________
Mrs. Rossie Fouts_____ Mrs. Laura Dixon (E) __ Mrs. Birdie Watkins(E)

" Evere"tt City_____

Elliott Pinkney (E) ____ MGlras.dySselKmraesMs _o_s_le__y__________
Rousevelt Miller_______

Brunswick______ Evelyn I. HilL________

"

Ethel Watson__________

G o r d o n _________

A d a i r s v i l l e _______ Calhoun ________

Ethel Seay-----------MMrasr.yJDueliwa (DEe)m__p_s_e_y__(E__)__

RCeaslhacoau_n-_-_-_-_-_-_--___

Leonard Worley________ Frank Webb ___________

" " " "

---------------------------------------------

Mrs. Lillie B. Darnell__

Jewell Lo~-----------

Mrs. Van

CSa.Lm.pbSemlli_t_h____-_-_-_-_-

Mrs. Ruby Stevens____

1-26-36 6-8-36 6-23-36 9-24-36 1-7-37
1G-13-36 1G-25-36 1G-26-36 11-18-36
12-23-36 9-14-32 8-12-32
8-6-33 9-7-33
9-2G-33 11-25-33 1G-9-35 11-21-35
6-7-36
1G-29-33 12-14-33 5-25-34 7-11-34
7-19-34
8-8-34 9-1-34 7-17-35
8-1-35 2-6-36 9-29-35 3-22-34
4-5-36 3-15-35 1-15-37
9-28-36 9-28-36 5-1-34 11-1-33
9-28-36 1-18-35 4-14-36 9-28-36 1G-22-36
9-19-36 2-12-35
1o-8-34 6-12-34 8-ao-35 9-2-35 1G-1o-36 11-12-33

TUESDAY, FEBRUARY 9, 1937.

885

County

City

NAME

Application Received

Green __________ Greensboro______ Mgrsi.nLs e(Eno) _r_a__S_c_o_g__-_____

Madison_________ Anna Neel (E) _________

Siloam__________ N.C. McKinley (E) ____ Greensboro______ Ruby York____________

~nnett _______

" ------" ------Bufo"rd___-_-__-_-_-_-_-

Louise E. Hurst_______ Levie Merritt __________ Lucy Lawrence________ Mrs. Fannie Powell (E).

Lawrenceville____ Mrms.oLreil(lEie)_P_a__r_ra__-______

Buford __________ lL)aawcurelan_c_e_v_i_l_le________

MEursg.eMneosSeiTm.sM__a__r_ti_n__(_E_) Clarence Wall__________

Lawrenceville____ B. F. Lowry ___________ Norcross _________ Sadie Spence__________

Law"renc-e-v-i-ll-e-_-_-_-_

Snora Delong_________ Montine Doss _________

Buford__________ Mrs. Makely Stewart__

Lawrenceville____ Birdie Nelson._________

N o r c r o"s s _____-__-_-_-

Mrs. A. R. Jenkins ____ Bisery St~vens ________

Habersham_____ Clarkesville._____ Mrs. Shi1 ley King (E)__

Hall_-----------

Gaine"sville-_-_-__-_-_-
Chicopee ________

J. B. Bar :on___________ Inez Latl.am (E)_______ A. E. Bro.vning (E) ____

Gainesville______ Ed Humphries ________

New Holland____ David Crumbey________ Gainesville______ John D. Allen _________

" "

------
------

" Clerm" ont

__--_--_--_--_--_-_-

Dewey Buffington_____ Crawford Anderson ___ Mrs. Lizzie Taylor _____
Mrs. Lelia Williamson__ Mrs. Dola B. Lunsford

Gainesville______ Albert Peck___________

H a n c o c k ________

" ------
" -----Spart"a _____-_-_-_-_-_-

Cora Sheridan_________ Sela Jackson._________ Susie Daniels_________
Mrs. LeoS. Burns_____

Haralson __ -----

"
Felton_-_-_:=======

A r n o l d G i l l a i m ________ Alec Bridges (E) _______

TR.eJm~kpmlea_r_t___-__-_-_-_-_-

Russell Sanders_______ Howard Griggs________

Buchanan_______ H. A. Holcombe _______

Tallapoosa ______ Curtis Roberson .._____

Temple__________ M. 0. Redding_________

Harris __________

Felton ___________ Waverly Hall_____

Gussie Bridges________ H. D. Will1s (E) ________

Chipley_________ Lonnie Roberson (E) __

West Point______ Roy Florence__________

Chipley_________ Carrie Copeland_______

6-18-35 9-26--35 9-24-36 9-24-36 12-14-35 1Q-13-36 6--9-34 12-28-36
7-9-36 1-11-37 4-11-34 7-31-34 9-19-34 2-28-35 9-2-35 1Q-6--36
9-7-33 1Q-13-33 11-2Q-33 3-24-36 8-13-36
5-7-35 1Q-3Q-36
7-3-36 4-20-35 5-21-34 9-1Q-34
8-1-36 7-22-36 1-22-34
2-5-34 1-29-35 1Q-1Q-36 1Q-6--33 1Q-1Q-33
11-4-35 2-1Q-35
12-7-36 12-25-36 8-15-34 5-3Q-34
6--4-35 8-14-36
1-7-37 1Q-3Q-36
9-26--36 2-17-36 2-22-36 2-17-36

886

JouRNAL oF THE SENATE,

County

City

NAME

Application Received

Henry __________ McDonough____ _ Lillian Durden (E)____ _

Stock"bridge____ _

Will Carter___________ _ Homer Jack Harrell __ _

Flipp"in_________ _

J. J. Covington______ _ Mrs. J.P. Touchstone

McDonough____ _ Maude Webster_______ _

Houston________

Bona"ire________ _

Charlie Holland______ _ J. H. Smith__________ _

Perry ___________ _ Clyde Lee ____________ _

Alto ____________ _ Mrs. Annie Knight___ _

<lrovania_______ _ Mary F. Sheridan_____ _ Irwin___________ Wray ___________ _ B. F. Rogers (E) ______ _
Ocilla___________ _ Arthell Anderson_____ _ Jackson________ Jefferson _______ _ Jall\eS Echols _________ _
Hoschton ______ _ Jesse Castleberry_____ _ Jefferson _______ _ B. F. Wallace_________ _

Hoschton ______ _ Birdie Justus________ _

Jefferson ___ c ___ _ Mrs. Mamie Echols ____ _ Commerce______ _ Mrs. Salome Short____ _

Brasleton_______ _ T. C. Leiwellyn_______ _

Commerce______ _ Nelia Fitzpatrick_____ _

Jasper__________ Monticello______ _ Mamie Carter (E) _____ _

Jeff Davis______

" " Haz"lehurst_____ _

MCaatmhieeri<nloeoJsalyc_k_s_o_n__(_E_)__
Minnie P. Moore ______ _ Mary Hutto ___________ _

Jefferson _______ Louisville______ _ Johnnie Brown (E) ___ _ Avera___________ _ D. W. Headenrick.____ _ Bartow_________ _ Marie Tarver __________ _

Louisville______ _ Fannie M. Riche ______ _

Wadley_________ _ Johnnie Mae Brown__ _

Bar"tow_________ _

Alice <lrant___________ _ Bertha Williams ______ _

Louisville______ _ <leorge Carr__________ _

Jenkins________

Mille"n__________ _

Lillie T. Thomas ______ _ Ethel Brown__________ _

Herndon _______ _ Clifford Thomas ______ _

Millen__________ _ Ida McCloud _________ _

Herndon _______ _ Kate Owens__________ _

Millen__________ _ James Bartey_________ _

Johnson________ Kite ____________ _ Mrs. Dovie Oliver (E)__ _

Wrightsville ____ _ Mrs. Hattie L. Mills____

LJoanmesa_r____________________

"
Bradl"ey_________ _
<Joggins________ _

Alec Brown___________ _ Effie D. Black________ _
AJ.dRdi.eBMaalle__L_e_s_t_e_r__(E__)____

Barnesville_____ _ Doris L. Turner______ _

Yatesville ______ _ Idellia Dennis________ _ Laurens________ Brewton________ _ Hamp Mosley (E) _____ _

Dublin__ --------
"

Milton S. Anderson (E) <Jordon L. Hall (E) ___ _

7-ao--36 12-18--34 7-11-35
8---5--35 5-13-36 3-15-34
12-9--35 1Q-21-34
6-8-35
8-6-36 1Q-20-34
7-27-36 7-2Q-35
5-2-35 5-25-35 7-10-36 5-9-34 5-2-35 8-31-33
9-13-33 1Q-25-33
9-13-36 12-16-36
8-16-35 6-6-36 1-7-37
12-13-36
6-so-34 9-25-33 3-13-34
4-17-34 7-24-34 1Q-18-34
1-S---36 1Q-1Q-34
9-2-35
8-29-33 1Q-21-33
4-25-34
9-2-35 9-14-36 8-16-35 8-16-35 7-27-34
5-28-35 6-2G-36 1Q-3Q-35 6-27-36 11-17-36 11-17-36 7-2Q-36

TUESDAY, FEBRUARY 9, 1937.

887

County

City

NAME

Application Received

LaurensCont'd--

Dublin-

Cont'd __

" " " "

---------------------------------------

Gle""nwo--o--d----_--_--_--_--__--_--

C. H. Bradford________ T. W. Dawson_________ Mrs. W. C. DanieL ____ Mrs. Mamie Joiner_____ Mrs. Ella Johnson_____ Mrs. N.J. Lewis_______ Mrs. Martha Graham__ Tressa Mae Wright_____

Dublin_____ ----- Ophelia Johnson______

Liberty---------

Recebow ________ Riceboro ________

Georgia Cuttrell_______ Carrie Smith__________

Allenhurst ______ Alec Jenkins__________

Lowndes________ ~aldosta ________ Sallie M. Morris (E)____

" Lak"e

---------Pa--rk--.-_-_-_-_-__-

Joseph c. Holton (E)__
Robert E. Tudar (E) ___ B. M. Bloodworth_____

Hahira __ -------A~all ad moos_t_a______-_--_-__-_-

Henry D. Cook________ Lewis Graham_________ Sallie Cowart__________

Ray" Cit-y-_-_-_-_-_-_-_-_-

Mrs. J. s. Allred_______
Mrs. W. P. Luke_______

~aldosta________ Mrs. E. G. Barfield____

" "

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

Fannie Bell Morgan___ Cora Lee Pryor_-------

L u m p k i n _______ M c D u f f i e _______

Dah"""lon---e---g---a---.----------_---_---_--_Tho"mson_-_-_-_-_-_-_-_

Nakolean Patterson___ Lenora Cooper_________ Isabel Hunter_________ CChliafrfloiredCBa.nCtrheallm__b_e_r_s__.. Mrsso.nA(nEn) _ie__M__a_e__J_o__h_n_-_

D a r"i e n __-_-_-_-_-_-_-_-_-

Hamp Kendrick (E)____ M. L. Green ___________

Thomson ________ John H. Tripp________

" -------- Mary Lou Hatcher_____

~n __________

Mon"tezum--a-.-.-_-_-_-_

Annie Laura Johnson. ~uram Humbert_______

Marshalville_____ David Rogers __________

M a d i s o n ________

Danielsville ______ Colbert __________

Mrs. Ruby Powers (E) __ Mrs. Lilly Fuller.______

Danielsville ______
Come"r______-_-_-_-_-_-

LMorus.isJe. PMa.trCiacskeY__-_-_-_~_-_-_-_ Frances Barnes________

Meriwether_____ Manchester______ Mrs. Hattie Byard (E)_

Greenville_

Rebecca Johnson (E)__

Manchester______ Maggie Owens (E)______

Greenville_______ James Bowles (E)______

Hogansville______ D u r a n d __________

Iva Mobley_----~-----Mrs. John Hudson____

Manchester______ Frank McCoy (E)______

Chipley--------- Jim Duvall (E)_________

9-3-35 9-17-33 5-13--35 5-15-30 5-18-35 5-18-35 12-31-35 5-28--35 1G-4-34 4--20--35 9-16-35 9-16-35 8-21-36 7-29-36 12-24--36 11-24--34 11-24--34
8-1-36 3-18-35 2-27-36 10--23-35 2-21-36 4-25-35 1--3-36 11-27-36 1Q-12-33
5-30-34 11-14--35 8-27-34
1-8-37 1Q-16-36
9-13-34 1-1-37 6-22-34
7-12-M 7-S-35 9-1()-36
8-17-35 5-13-34 1-17-36 8-25-33
11-~
1-7-37 11-23-35 12-23-36 12-3-36 11-24--36
IHJ-33 9-13-34 5-19-36

888

JouRNAL OF THE SENATE,

County

City

NAME

Application Received

Miller.. _________ Colquitt_________ Blackshear Mears______ lfitchelL _______ Camilla__________ Getoorng_e__C_a_l_v_i_n__S__in__g_l_e_-_

Pelham__________ Willie May Anderson___

Mitc"helL-. -_-_-_-_-_-__-

Robert Bynum ________ Elijah Carolina________

Monroe_________ Forsyth_________ Dave Smith___________

" -------J a c k"s o n _-_-_-_-_-_-_-_-_

Grace King Dumas____ Ruby Haywood________ Mrs. Luella Jones_____

Forsyth_________ Mrs. Arie Ard__________

Culloden________ Mary Hays _____________

Forsyth_________ Mrs. Alpha Morgan____

M o r g a n _________

" Soci"al

Cir--c--l--e--_--_--_-_--_

M a d i s o n _________

Marian Highto~er _____ Mattie S\Vint__________ Mrs. Mamie Peters (E) __ Florrie Reed ___________

Buckhead_______ Ed Ingram_____________

Morgan _________ Madison_________ Willie Lee Reed________

Muscogee _______

Col""umb--u--s--_--_--_--_--_--_--_ " ------" ------" ------" ------" ------" -------
" -------
" -------

Robert L. Lee _________ Bessie Turner _________

Sara J.H.

CSuuntntoinng__h_a_m___(_E_)__

Eugene Hixon _________

J. T. Jones ____________

W. B. Owens___________

Mrs. Maggie How ______ Mamie Loyd ___________

Mrs. Nora Martin ______

Mrs. Katherine Millard

" ------- Mrs. Jennie McFarland

" " " "

----------------------------

" -------

Upa"toi. ___-_-_-_-_-_-_-

Mrs. Mittie Culpepper_ Odel Fuller____________ Eddie Harper__________ Ella Harmon___________ Ruby Dunn___________
Maybelle Snowden_____ Tennie Bell Bass______

Columbus_______ Bennie McKay (E) _____

Murray_--------

"
"

-------------

" "

--------------

" -------

" -------

" -------

Eton"______.._..._.._.._..._.._..

T e n n g a __________

Mrs. Florence Sapp (E) Mrs. Edma Evans (E) __ Mary McFarland (E) ___ Mrs. Annie Cross (E) __ Meddie Chambers (E) __ Emma Johnson (E) ____ Tuell Johnson (E)_____ lola Washington (E) ___
Mrs. J. R. Redmond (E) Grace Beavers (E)______

Chatsworth_____ Davis Ethridge ________

Eton. _____ ------ Mrs. Lena Martha Morris _______________

9-10-36
8-31-35 4-2-35 11-27-36 2-5-36 8-22-36 4-22-34 9-4-34 4-1-35 10-25-35 10-25-35 11-1-35 11-1-35 7-23-34 8-9-36 8-11-36 1-22-36 8-11-36 8-11-36 10-20-33 5-9-36 3-17-35 3-12-36 4-24-36 11-21-36 3-2--34 10-5-34 7-26-35 1-26-35 6-25-36 12-12-33 10-4-35 9-16-36 9-22-33 4-30-34 10-5-34 1-26-36 10-31-36 7-1-36 10-1-36 11-16-36 11-16-36 10-4-35 10-4-35 10-21-56 12-19-35 9-12-36 10-20-36 3-1-35
3-2-34

TUESDAY, FEBRUARY 9, j1937.

889

County

City

NAME

Application Received

Chatsworth _____ Emerine Faith_________

Newton _________

Port"erdale-_-_-_-_-_-_-_
Oxford __________

Mrs. Sam DeaL_______ Mrs. Irene Moon (E) ___ C. R. Berry____________

Covington_______ Bessie Russell_________

Ellenwood_______ Charles Leslie_________

Oconee_________ Bogart_____ ------ Johnnie Edwards _____

Oglethorpe____ --

Watkinsville _____ S t e p h e n s ________ Maxeys __________

MAdrse.liAnbeiNe KeaeLe-L-_-_-_-_-_-_-_Dink BrightwelL _____

Stephens________ Mrs. Minnie Roberts___

P a u l d i n g _______

DTeamllapsle__________-_-_-_-_-___

Miss Winnie Waldon(E) Lislloien M(Ea)e__R_e__n_d_e_r_-_____

D.Ha""ilrlaam--s--__--__--__-_-__--__--__--_--_--_--_---_---

Julia J. Smallwood____ G. A. Barrett__________
Mollie Cravett_________ Opal Butler_ __________

Douglasville_____ Winnie Turner_ _______

Peach___________ Byron_ __________ William Sullivan_______

Ft. Vall7ey _______ Mr. Hyman Halprin ___

P i c k e n s _________

" Talk"ing

R----o--c--k--.--_--_--_

Jessie M. Powell_______ Cynthia West__________ Mrs. Mattie Carver (E)_

J a s"p e r ____"___.._..._.._..

G. W. Goble (E)________ Mrs. J. S. Carney (E)__

Talking Rock____ Jasper __________

Miss Ethel Kirk (E) ____ Ira Tabereaux_________

Pierce___________ Blackshear______ Lester Tuten (E)_______

" ------Mer"shon __-_-_-_-_-_-_

George W. Houston____ Idis T. Young_________ George Roberts________

Patterson_______ W. Elvin King_________

P i k e ____________

Mershon_________ Molena __________

Wheeler Jones_________ Annie L. Connelly (E)_

" ----------- WnilelilelyH(eEn)r_y__C__o_n_-______

Williamson ______ Frank C. Dickinson(E)

Col"lege P--a-r-k-_-_-_-_-_

Bell Dickinson________ Willie Turner __________

Williamson______ Daisy B.Crowder______

Zebulon_________ Edd Eppinge __________

Polk____________ Cedartown______ Mrs. Ada Campbell (E)

" "

--------------

Rock" mart_-_-_-_-_-_-_-

L. H. Atkins (E)_______ Mrs. Della McWhorEdtweraCrEd)-B-a--tt-l-e-_-_-_-_-_~_-_-_-_ Beryl Hobbs___________

" --------
Ced"artow-n--_-_-__-_-_-

W. M. Chambers_______ Hubert Forsyth _______ Claude Zuker_________

. " ------- Dovie Pettite__________

1-9-37 8-3-33 10-25--36 3--17-36 7-30-35 8-20--35 4-25--35 5-19-35 8-2-35 3--21-36 10-13--34 9-11-36
6-16-36 8-8-35 6-6-35 6-18-36 10-16-36 4-26-36 2-2-35 2-2-35 1-21-35 9-10-36 4-10-35 10-16-34 1-18-36 9-9-26 7-14-35 10-6-36 5-1-34 6-2-34 6-14-34 7-1-36 10-6-36 11-13--36
11-13--36 11-13--36
3--1-35 10-17-36
11-3-36 8-3-35 10-30-36 12-22-36
7-4-36 9-25--35 9-16-36 4-27-35 11-17-36 12-15-35 7-24-34

890

JOURNAL OF THE SENATE,

County

City

NAME

Application Received

Pulaski_________ Ha.vkinsville___ _ T. D. Singletary______ _ Putnam________ Eatonton_______ _ Willie M. Rohey_______ _

Rabun__________

" Tige"r___________ _

Stella Whitaker_______ _ Roland E. Winslette __ _ Mrs. Alice Whit-

worth (E) ___________ _

Highlands______ _ H. R. Miller __________ _

Clayton________ _ Mrs. Flossie Wilkerson. Tallulah Falls__ _ Mrs. Ellen Collins ____ _ Randolph _____ _ Shellman_______ _ J. T. Bethea _________ _ Cuthbert_______ _ Isabell Webb _________ _

Shel"lman_______ _

Irene Tatum lE)______ _ Thermon Stanford (E).

Spri"ngvale_____ _

Emma L. Jenkins (E) __ Inez Richardson (E)__ _

Cuthbert_______ _ Nora Clayron_________ _

Shellman_______ _ Mattie Jackson_______ _ Springvale_____ _ J. S. Fussell _________ _

Richmond______ Augu&ta________ _ Mrsso.nV(E. )T__. __T_h_o__m__p_-__ _

"" "

E. W. Smith (E)_______ _ H. A. Timmerman (E) __ Jim Ready___________ _

" " "" " " " " " "" '

Marvin Alsobrooks (E)_ Louise Douglas (E) ___ _ Ethel McAfee (E) _____ _ Susie Murray_________ _ Estella Walker________ _ Susie Keith__________ _ Rosa B. Gooden______ _ W. B. Joplin__________ _ Marion Johnson______ _ Sidney Butler________ _
Thomas J. Kendrick__

"

WChaaltrelrieHuGtatyo_-_-_-_-_-_-_-_~_-_-_

" "

Mrs. Bessie Holder____ _ Eloise Boles __________ _

Rockdale_______

Mil"stead________ _
Conyers________ _

Rhett B. Rhodes _____ _ Lillie M. Camp (E) ____ _ Jack Loyd, Jr. (E) ____ _

" "

Clarence E. Stowers__ _ W. H. Porter__________ _

" " Mil"stead________ _

Jefferson Hammond.._ S. W. Whitaker_______ _ Fred Hammonds ______ _ Frances Hamby_______ _

ScbJey. _________

Sylvester_______ _ Ellaville________ _

W. H. Stewart (E)_____ _ Bessie Mae Frasier____ _

Screven_________

Rocky Ford_____ _ Millhaven ______ _

J. 0. Enocks (E)______ _ Bertha Meads (E)_____ _

Sy1Vania.. - __ --- Bertha Harrison______ _

"

W. M. Jeffers_________ _

9-25-85 4-24-35 6-22-35 3-23-35
1~22-36
&-31-35 9-4-33 2-25-33 4-6-35 4-3-34 12-11-36 9-15-36 8-1-35 8-27-36 5-7-34
1~36 9-~35
1~21-36
7-3-35 7-25-36 7-3-35 8-14-35 4-24-36 8-11-36 9-13-35 11-14-34
2-8-34 7-29-35 8-12-35 9-2-35 1-16-36
9-1~34 9-1~34
2-19-36 8-9-35 8-31-35 5-24-34 7-26-35
6-~36
6-8-35 8-8-35 7-17-34 12-25-36 6-29-36 7-9-34 12-7-36 5-12-36
12-~36
6-27-36 8-3-33 8-6-35

TuESDAY, FEBRUARY 9, 1937.

891

County

City

NAME

Application Received

Screven_________ Oliver___________ Mrs. Lillie Smith______

Sylvania_________ Mrl!. Elton Jenkins ____ Millhaven _______ Mrs. 'Ethel Bw.lm______

Seminole_______ Donalsonville____ H. H. Helms ___________

Spalding_______ Griffin __________ Mrs. Homer Ruffin (E)_

S t e p h e n s _______

" " " " " " Toc"coa

----------------------------------------------------------_-_-_-_-__-_-_-_-_-

Lillie B. Lane (E)______ Inez Whitted (E)_______ Violet Woodsen (E) ____ Estella Mize ___________ Walter Cunnard_______ T. L. Christie _________ J. J. Hood____________
Eustus M. Kirk (E) ____

Aye""""rsvi----ll----e----_----_----_----_----_----_----_----_

Joseph N. Steel (E)____ Thomas E. Whitworth_ 0. Dortch_____________
Benjamin Dorteh______ Will Johnson__________

Toccoa______ "- __ Fermon Wiley__________

Stewart________ -

Lum" pk-i-n-_-_-_-_-_-_-__-

Willie Carter___________ Chas. C. Walker_______

Richmond_______ William Green_________

Lumpkin ________ Mwrs.ayC_a_m__i_la__L_e_e__D__u_n_a__-

Sumter _________

LAemselireic_u-s-_-_-_-_-_-_-_-_-

Mrs. Vinnie Baley (E) __ Richard Statham (E) __

" -------And"erson-v-i-l-le--_-__-

Johnnie Mae DanieL_ E. D. Paterson_________ Willie Frederick________

Americus _______ Jim Taylor____________

Talbot__________ Woodland _______ Emily Miller___________

Talbotton_______ Otis Thornton_________

Taliaferro_______ White Plains____ Emma Bird (E) _________

TattnalL _______ Manassas ________ Mrs. Lillie Dees (E) ____

Cobbtown_______ George Bre.vton_______

Glennville _______ E. A. W. Cochran______

Manassas ________ Rufus Odom__________

Reidsville _______ W. B. Hill _____________

Taylor__________ Reynolds ________ MgaottmieerLyo_u__M___o_n_t_-_____

How"ard __-_-_-_-_-_-_-_-
Butler ___________

Jannette Smith_______ C.L. Searcy___________ Oscar Hugh Smith____

Reynolds ________ F. M. Montgomery_____

Renolds _________ R. B. Whittington_____

Renolds_________ MgaottmieerSyu_e__M__o_n_t_-______

Telfair__________ . Lumber City____ Carl Herbert Wooten __ McRae_________ -- Mrs. Oneal Harbin_____ Helena __________ Necia PowelL _________
Terrell __________ Dawson_________ Daisy Williams _________

7-16-35 6-17-34 3-15-33 4-7-35 9-8-34 10-26-35 5--4-36 6-3Q-36 7-6-36 3-ll-35 2-10-35 6-30-36 11-19-36 10-22-36 6-17-35 7-15-36 7-15-36 11-12-36 11-1-36 3-13-36 2-lQ-34 6-5-36
8-9-35 7-25-36 12-31-36 . 2-21-36 9-4-35 7-25-36 7-30-36 lQ-6-34 12-3-35 8-13-35 lQ-6-36 5-22-36 4-30-34 2-2Q-36 S-3Q-36
9-21-34 4-11-35 10-11-34 10-15-34 10-5-34 10-11-34
10-5-34 6-11-35 8-5-33 6-23-34 6-3Q-34

892

JOURNAL OF THE SENATE,

County

City

NAME

Application Received

Terrell (Cont'd)_ Da~son(Cont'd)_ Addie Nichols ________ _

Dessie Lee Ransom___ _

Par"rott_________ _

Emily <lardner _______ _ Josephine Williams ___ _

Dawson ________ _ Collie B. King________ _

"

Terrell ________________ _ Mack Webster ________ _

Mrs. J. R. Fletcher___ _

Thomas_________ Thomasville____ _ Chas. Singletary (E) __ _

"

Eddie L. Young (E) ___ _

Meigs"___________ _

Jewel Meigs Johnson_ J. J. Allgood~- _______ _

Tift_____________

Om" ega__________ _

Cleorge Atkinson_____ _ Ola Brooks (E)________ _

Enigma_________ _ Clarence Willis (E)____ _

Tifton__________ _ S. Berrie Brown______ _

Toombs _________

" "

-----------

"

Vi"dalia _________ _

Mary Facin___________ _ Flossie Reid__________ _ Mary Morgan_________ _ B. Rakestraw_________ _
Estelle Braddy lE) ____ _

"

Otis Eubanks (E) _____ _

CleJorr.g(eEE) _u_b__a_n__k_s_,_____ _

lJvalda_________ _ Bessie Bland_________ _ Vidalia ______ . __ _ Mary Butler__________ _

" "

Namie Phillips _______ _ J. R. Love____________ _ Dr. D. J. Dreyer______ _

Lyo"ns__ ~-- _____ _

William A. Mayer _____ _ <leorge Troup ________ _

Vidalia _________ _ J. B. Fountain_______ _

Lyons__________ _ Loften Wade__________ _

"

William A. Mayer _____ _

Towns__________

Ti"tus___________ _

Mrs. Vennie Wilkes ___ _ Arthur Arro.vood_____ _

Hiawassee______ _ Mrs. Josie Hunter____ _

Treutlen _____ __ Soperton_______ _ Mrs. Sallie Whitaker (E)

Troup_________ _

" La<l"range______ _

Hoke <lood___________ _ Milton Phillips_______ _ Lena Mae Chambers(E)

West Point_____ _ Mrs. Malirn Parker (E). La<lra~e______ _ Maggie Williams (E)___ _

West Point_____ _ M. E. Cash (E) ________ _

La<lrange______ _ Earl Waugh (E)_______ _

" "

Robert E. Walker (E)__ _ H. T. <lregocy (E)_____ _

Elizabeth Cameron (E)

Wes"t Point_____ _

Sara M. Cate (E).~---- Jusdoine (PEe)a_r_l__J_a_c_k__-____ _

La<lrange______ _ Ethel Ware (E) ________ _

2--4-35 2-26-36 5-13-36 6-25-36 7-8-35 1G-15-36 2-24-36 5-4-35 11-28-36 11-1Q-36 6-1-35 1o-3-36 7-14-36 11-21-36 11-21-36 7-3Q-35 8-27-35 2-6-36 11-5-36 9-17-35 6-22-36 9-17-36
9-19-36 5-9-34 6-28-35
7-28-36 5-14-35 8-8-35 8-24-35 2-8-36 5-15-36 5-31-34 8-23-34 3-26-35 9-19-34 8-6-35 6-18-35 6-16-36 7-15-36 7-3-36 9-16-36 11-9-36 12-2Q-36 12-2Q-36 6-SQ-36 11-4-36 11-14-35 4-19-36
7-17-36 9-26-36

TuESDAY, FEBRUARY 9, 1937.

893

County

City

NAME

Application Received

Troup (Cont'd)_

LaGrange (Con.)
Hog"ansvi-ll-e-_-_-_-_-_-_

Kate Hatfield (E)______ Mary Johnson__ .______ Evelyn Wilson _________

LaGr"ange__-_-_-_-_-_-

J. F. Dolar____________ Dilliard Yates _________

Hog""ansvi--l-l-e--_--_--_--_--_--_

H. G. Woo<U1arnn _______ Hugh Winston________ Taft Tyler Nelson _____

Gabbettsville____ W. R. J. Whittley______ Hogansville______ J. B. Staley___________

LaGrange_______ Annie Key _____________

Turner_________ Ashburn________ Ira Whittle____________

Twiggs __________ Union ____ -----U p s o n __________

Jeffersonville. __ Blairsville _______
Tho"masto-n-_-_-_-_-_-_

Mrs. J. J. Fitzpatrick. Jaun W. Reece (E) _____ Pearl Lorell____________ Mrs. Mary Weems (E)___

Walker __________

" -----" -----" ------
" ------
" -----" -----" -----Lafay""ette__--_--_--_--_--_--_

Archie McClung (E) ____ L. D. Phillips (E)______ Bertha Brown (E)______ Julia Miller____________ Jarnnes Weaver _________ David V. Archer_______ Homer James Davis ___ Gladys Howard________ Frank Smith__________
Cora Hampton (E) _____

St. Elmo_________ Nancy Johnson (E)____

Chickamauga____ Minnie Pangle (E) _____

Rock Springs____ W. J. Weaver (E)_______

Lafayette________ Agnes Force___________

" "

----------------

" --------

Chic"kama--u-g-a--__-_-_

Lafaye"tte____-_-_-_-_

Minnie Sharpe________ Wallace Nobett ________ Robert Wallin_________ Mack Stanfield________ LB.eAn.FD. iSaalr_n_n_p_s_o_n______________
Henry Grady Bradley__

" -------" -------" -------" --------
" --------
Chic"kama--u-g-a--__-_-_

John W. Sizemore_____ F. W. Sprayberry______ A. H. Smith___________ J. W. Dilbeck__________
J. A. White____________ A. D. Scroggins________ Mrs. W. A. Miller_______

Rossville_________ C h i c k a m a u g a ____

Mrs. Hattie F. Futtrell. E&sie Jackson_________

Lafaye"tte____-_-_-_-_

Mrs. Raymond Brown_ Mrtso.nF_r_a__n_k__J_.__H__ar_n_n_p_-__

Chickamauga____ Mrs. Modie Beck~------

"

---- Geneva Jackson_______

3-4-36 1-13-34 7-6-34 9-25-35 12-30-36 3-27-34 7-6-34 7-6-34 12-21-35 9-15-36 5-22-35 B-16-35 1-13-34 5-23-36 7-22-35
s-27-36 11-21-36 s-27-36 12-11-35 1-16-36 11-21-36 1o-12-34 12-19-34 11-14-33
5-4'-35 6-19-36 6-29-36 1-13-37 5-22-36 s-1o-35 B-16-35 5-11-35 B-1o-35 11-24-35 1o-16-34 2-1B-35 3-7-35 7-21-34. 12-29-36 11-25-36 7-8-36 7-21-36 9-17-36
4-25-33 s-26-33 9-6-33 1o-27-38
12-11-38 1o-16-34 12-26-34

894

JOURNAL OF THE SENATE,

()ounty

City

NAME

Application Received

Walton., ________ Monroe __________ Vera Skinchomb (E) ___

Warrenton _______ Annie T. Allgood (E) ___ Monroe __________ Connie Smith_________

Logansville ______ John E. Barnes _______

Ware __________ -_

Wayc"ross ___-_-_-_-_-_-

J.D. Long ____________ Lillie F. Davis (E) ______

" " "

----------------
--------

Estella A. Tootle (E) ___ Mattie Cumming (E)___
Clara Chambers (E) ____

Ware __________ --

" --------
" --------
" -------Way"cross -_-_-__-_-_-_-_-

Henrietta Matthews___ Hester Taylor__________ Nora Gulcy ____________
Berthan Williams ______ Edna Griffin__________

" --------
Man"or ___-_-_-_-_-_-_-__-

L. H. Mallon___________ M.D. CoxwelL ________
Mrs. Tivie NeATsome ___

Waycross ________ Grace Dodge___________

warren _________ Camack _________ Mary D. Reece_________

washington ___ -- Terriville ________ V. B. Lowe, Jr. (E) _____ Sandersville_____ Porter Watts (E) _______

Harrison ________ Charlie Thomas (E) ____

Saundersville ___ Derra Hunt Veal ______

Bartow" _______-_-_-_-

Bertha Dawson_______ Ernest W. Jackson ____

Warthen _________ F. R. Clark ____________

Wayne __________ Wayne ___________ Euna V. James (E) ____

Screven _________ Mollie Dorsey __________

Odum___________ Annie Kirby___________

IOdum___________ Valentine E. Edenfield Jesup __________ - D. C. Geiger___________

W h e e l e r _________ White ___________

Lumber City __ -_ Cleveland _______

BSteenllWa PailldgornimCEEa)-_--_-_-_-_-_-

W h i t f i e l d _______

" -------

" -------

" -------

D

a

l

I(
to

n

.

___-_-_-_-_-_-_-

Bonnie Mae Dorsey ____ Vernon Elmore________ Leola Hutchins ________ C. E. Butt_____________
Minnie R. Babb (E) ____

Dalton __________ Carl Tate (E) __________

VarnelL ________ Mrs. T. E. Sherwood(E) Dalton __________ Ray Gordon (E) ________

Whitfield _______ Rocky Face ______ L. N. Wood (E) _________ Dalton __________ Myrtle G. Bennett (E)_ Dalton __________ Dora Cheney__________

Varnell __________ Will Clark_____________

Cchutta_________ Rose Gossett__________

VarnelL ________ Willie R. Clark_________

Dalton __________ Evelyn Lance__________

Varnell __________ James Clark___________

Co"hutt-a-_-_-_-_-_-_-_-__-

John Clark____________ Henry Clark___________

Rocky Face ______ J. E. Smith___________

8-7-36
7-8-36 3-2-35 6-28-35 7-24-36
7-8-36 4-18-36
7-8-36 6-30-36 6-27-34 7-lQ-34
12-7-34
1G-16-35 1-19-37 5-5-35
3-29-34
6-1G-35 1{}-4--34
8-3-34
9-26-36 12-7-36
11-26-36 8-so-35 9-19-35 7-21-34.
9-22-36 4-29-36
5-1G-35 7-3-35 6-17-35 3-1Q-36
8-4-36
1-1G-35 4-4-35 4-12-35
7-2G-55 7-28-34
12-29-36
8-9-36 8-2Q-36
1-7-37 1-7-37
9-15-35 5-11-36 9-3Q-36
1-16-36
6-5-36 9--4-36 9-5-36 9-5-36 4-28-36 7-31-36

TUESDAY, FEBRUARY 9, 1937.

895

County

City

NAME

Application Received

Whitfield ______ -. Dalton __________ Ben Hogan ____________ Dalton__________ Mrs. J. M. Bailey______

Wilcox __________

D a l t o n __________ F1tts ____________

Mrs. Lethie CarrolL ___ Elizabeth Saunders___

Wilkes ______ c ___

W"ash-i-n-g-t-o-n--_-_-_-_-_

Pearl Beacham________ David Walter (E) ______

TignalL ________ Elbert Reeves__________

Washington_____ Nellie Booker__________

Danburg________ Roy BlackwelL _______

Was"hingt-o-n--_-__-_-_-

Cbas. Bradford________ Ernest StillwelL_ ______

Danburg________ Jacquelean BlackwelL Washington_____ J. J. Crow_____________

Wilkinson ______ Irvinton_________ Marion HowelL_______

Toomsboro ______ Rubie Payne __________

Irvinton_________ Geneva Clar.K._________

Toomsboro ______ Lela Payne____________

Gordon__________ Ellen Gibbs ___________

Worth __ -------- Warwick ________ Mrs. G. R. Hall (E) ____ Sylvester________ Lucinda Bland________

Oaksfield________ John Quaterman______

Sylvester________ Caulie H. Darden______

Ponlan.__________ Mattie Howard ________

Sumner__________ Mrs. Mannie Patton___

10-1-36 4-23-34 4-16--34 2-21-34 8-3--34 6--8-36 6--15--35 5--8-36 7-18-35 8-15--35
1-1-36 1-1-06 2-13--36 7-25--34 8-7-34
8-7-34 5--9-35 6--5--35 11-15--36 11-13-36 4-3--35
3-3--35
3--6--35 5--28-34

The following communication from His Excellency, the Governor, was read by the Secretary:

BoN. JoHN B. SPIVEY, President, And Merribers of the Senate, State Capitol, Atlanta, Ga.

February 4, 1937.

Dear Mr. President and Senators:
I beg to submit herewith a copy of the contract between the State of Georgia and the Federal Government, dealing with the Prison Farm in Tattnall County, along with com-

896

JOURNAL OF THE SENATE,

munications between Mr. Harold L. Ickes, Administrator of the Federal Emergency Administration, and myself.
I will appreciate it if you will give this such consideration as you feel just.
With kind regards, I remain
Respectfully,

E. D. RIVERS, Governor.

The Chair announced that reference of the material referred to in the above communication to a committee for study and investigation would be postponed, awaiting further action on a certain House Resolution providing for a Special Committee.

The following resolution of the Senate was read and adopted:

By Senators Purdom of the 46th District and Atkinson of the 1st District-
Senate Resolution No~ 40. A resolution extending to Senator Fowler of the 39th District the sincere hope of the Senate for his speedy recovery from his present illness.

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

By Messrs. Parker and Barlow of Colquitt, Davis of Floyd, Gross of Stephens, and Harrell of Brooks-
House Bill No. 125. A bill to be entitled an Act to establish a State Board of Education, prescribe the qualifications of the members of said board, fix their terms of office, define their duties, and for other purposes.

TuEsDAY, FEBRUARY 9, 1937.

897

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

Hon. James P. Mazingo, a member of the General Assembly of South Carolina from Darlington County, was introduced to the Senate by the President and spoke briefly.

The following resolution of the Senate was read and adopted:

By Senator Patten of the 6th District-
Senate Resolution No. 41. A resolution providing that the General Assembly of Georgia go on record as being favorable to the passage of the Harrison-Black-Fletcher Bill which is now pending in the National Congress.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Atkinson of the 1st District-
Senate Bill No. 1. A bill to be entitled an Act to abolish the State Highway Board of Georgia and to abolish Code Sections 95-1601 to 95-1606 of the Code of Georgia, having reference to said board, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

898

JouRNAL oF THE SENATE,

By Senator Atkinson of the 1st District-
Senate Bill No.2. A bill to create a State Highway Commission of Georgia, providing for membership thereof, and providing that said commission shall perform all the duties hereto performed by the State Highway Board, and for other purposes.

Senator Phillips of the 29th District moved tqe previous question.

Senator Harrell of the 12th District moved that further consideration of Senate Bill No. 2 be postponed until Wednesday, February lOth, and be made a special order of business .immediately following the period of unanimous consents.
The motion by Senator Phillips of the 29th District prevailed.
The main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Terrell of the 19th District-
Senate Bill No. 55. A bill to amend Section 24-1707 of the Code of 1933 by giving to the clerk of the Superior Court authority to perform all the duties which the Ordinary could perform during the vacancy in the office of the Ordinary.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.

TUESDAY, FEBRUARY 9, 1937.

899

The bill having received the requisite constitutional majority was passed.
Senator Atkinson of the 1st District asked unanimous consent that House Bill No. 18, known as the Police Patrol Bill, be set as a Special Order for Wednesday, February lOth, immediately following the first part of the period of unanimous consents.
The consent was granted.
Senator Harrell of the 12th District moved that the Senate do now adjourn. The motion was lost.
The following bills of the Senate were read the rhird time and put upon their passage:

By Senator Pruett of the 32nd District-
Senate Bill No. 63. A bill to amend Section 26-2402 of the 1933 Code providing that the punishment for burglary shall be imprisonment in the penitentiary for not less than one year nor more than twenty years by changing the punishment to the penalty of death, and for other purposes.
Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion was lost.
The committee offered the following substitute to Senate Bill No. 63:

A BILL
To be entitled an Act to amend Section 26-2402 of the 1933 Code of Georgia providing that the punishment for burglary shall be imprisonment in the penitentiary for not less than one year or more than twenty years by providing that burglary of any occupied dwelling house in the nighttime shall be punished by death, life imprisonment, or

900

JouRNAL OF THE SENATE,

from one to twenty years in the discretion of the jury, and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that on and after the passage of this Act:

Section 1. That Section 26-2402 of the 1933 Code providing:
"Burglary shall be punisheci by imprisonment in the penitentiary for not less than one year or more than twenty years."
be, and the same is hereby amended by adding thereto the following language:
"Provided however, burglary of any occupied dwelling house in the night-time shall be punished by death, life imprisonment or from one to twenty years in the discretion of the jury and the verdict of the jury in all such cases shall provide which of said punishments shall be inflicted upon the violator of this Act."
so that Section 26-2402 of the 1933 Code when amended will read as follows:
"Burglary shall be punished by imprisonment in the penitentiary for not less than one yt;ar or more than twenty years, provided however, burglary of any occupied dwelling house in the night-time shall, be punished by death, life imprisonment or from one to twenty years in the discretion of the jury and the verdict of the jury in all such cases shall provide which of said punishments shall be inflicted upon the violator of this Act."

Section 2. 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.

TUESDAY, FEBRUARY 9, 1937.

901

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 35, the nays 1.
The bill having received the requisite constitutional majority, was passed, by substitute.

Senator Ennis of the 20th District moved that the Senate reconsider its action in setting House Bill No. 18 as a special order for Wednesday, February lOth.
The motion prevailed.
Senator Ennis of the 20th District moved that House Bill No. 18 be made a special order for Thursday, January 11th, immediately following the period of unanimous consents and that the Secretary be authorized and instructed to have 100 copies of same printed for use of the members of the Senate.
The motion prevailed.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Pruett of the 32nd District:
Senate Bill No. 65. A bill amending Sections 24-2502 of the 1933 Code providing that the jury in their verdict on the trial of all cases of felony not punishable by life imprisonment shall prescribe a minimum and maximum term by providing that the jury shall pass on only the question of guilt or innocence in the trial of felonies and the judge shall fix a minimum and maximum sentence, and for other purposes.
The committee offered the following substi~te:

A BILL
To be entitled an Act to amend Section 27-2502 of the 1933 Code providing that the jury in their verdict on the trial

902

JOURNAL OF THE SENATE,

of all cases of felony not punishable by life imprisonment shall prescribe a minimum and maximum term by providing that the jury shall pass only on the question of guilt or innocence in the trial of felonies and the judge shall fix and prescribe a minimum and maximum sentence; except in the trial of reducible felonies, in which event the jury may recommend misdemeanor punishment; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that on and after the passage of this Act:

Section 1. That Section 27-2502 of the 1933 Code providing:
"The jury in their verdict on the trial of all cases of felony not punishable by life imprisonment shall prescribe a minimum and maximum term, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, and the judge in imposing the sentence shall commit said convicted person to the penitentiary in accordance with the verdict of the jury. The prison commission shall fix rules by which said convict, after serving the minimum sentence, may be allowed to complete his term without the confines of the penitentiary upon complying with said rules,"
be, and the same is hereby amended by striking therefrom the following language:

"The jury in their verdict on the trial of all cases of felony not punishable by life imprisonment, shall prescribe a minimum and maximum term, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, and that the judge in imposing the sentence shall commit said convicted person to the penitentiary in accordance with the ve diet of the jury,"

TuESDAY, FEBRUARY 9, 1937.

903

and by substituting in lieu thereof the following language:

"The jury in their verdict on the trial of all cases of felony not punishable by life imprisonment shall pass only on the verdict of the innocence of the defendant. In the event the jury finds the defendant guilty of the offense charged, it shall then become the duty of the judge to prescribe a minimum and maximum term, which shall be within the minimum and maximum prescribed by law as the punishment for said crime; provided, however, that in the trial of reducible felonies, the jury may recommend to the court misdemeanor punishment,"
so that Section 27-2502 of the 1933 Code when amended will read as follows:

"The jury in their verdict on the trial of all cases of felony not punishable by life imprisonment shall pass only on the verdict of the innocence of the defendant. In the event the jury finds the defendant guilty of the offense charged, it shall then become the duty of the judge to prescribe a minimum and maximum term, which shall be within the minimum and maximum prescribed by law as the punishment for said crime; provided, however, that in the trial of reducible felonies, the jury may recommend to the court misdemeanor punishment. The Prison Commission shall fix rules by which said convict, after serving the minimum sentence, may be allowed to complete his term without the confines of the penitentiary upon complying with said rules."

Section 2. All laws and parts of laws in conflict herewith 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.

904

JOURNAL OF THE SENATE,

On the passage of the bill, by substitute, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

The following privilege resolutions were read and adopted:

By Senator Aultman of the 23rd District-
A resolution extending the privileges of the floor to Hon. Sam Mathews of Fort Valley, Georgia.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon. Lonnie E. Pope of Douglas, Coffee County, Georgia.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon. J. R. Walker, Jr., of Blackshear, Georgia.

Senator Lindsay of the 34th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock, A.M., tomorrow.

WEDNESDAY, FEBRUARY 10, 1937.

905

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, FEBRUARY 10, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Lindsay of the 34th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of theCommittee on Journals, reported that the Journal of yese terday's proceedings had been examined and found to be correct.
Senator Pope of the 7th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:
1. In traduction of new matter under the rules.
2. Reports of standing committees.
3_. Second reading of Senate and House bills and resolutions favorably reported.
4. First reading and reference of House bills.
5. Special orders.

906

JOURNAL OF THE SENATE,

6. Putting on their passage general and local Senate and House bills and resolutions ready for third reading.
The consent was granted.
The following resolution of the Senate was read and adopted:
By Senators Atkinson of the 1st District, Purdom of the 46th District, Jones of the 38th District, Shannon of the 21st District, Griner of the 45th District, and Clements of the 9th District-
Senate Resolution No. 42. A resolution instructing the Secretary of the Senate to investigate the advisability and feasibility of having installed an amplification system in the Senate Chamber; also, to increase the number of pages heretofore provided for, and for other purposes.
The following communication from His Excellency, the Governor, was read:

HoN. JoHN B. SPIVEY, President, and Members of the Senate, State Capitol, Atlanta, Georgia.

February 8, 1937.

Dear Mr. President and
Senators:
Friday, February 12th, is Georgia Day. I feel that it is fitting and proper to suggest that the General Assembly observe this occasion by a joint ceremony, pledging allegiance to the Georgia Flag.
Respectfully, E. D. RIVERS, Governor.

WEDNESDAY, FEBRUARY 10, 1937.

907

ALLEGIANCE TO GEORGIA FLAG adopted March 30, 1935 House Resolution No. 239

"I pledge allegiance to the Georgia Flag, and to the principals for which it stands:
WisdomJustice and Moderation.
(The hand extends forward on the word "Georgia").

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

By Senator Atkinson of the 1st District-
Senate Resolution No. 43. A resolution providing for a joint session of the General Assembly in the Hall of the House of Representatives on Friday, February 12th, at 10:30, A. M., for the purpose of observing and pledging allegiance to the Georgia Flag; also, to provide for a committee of five, two from the Senate and three from the House, to arrange a suitable program for the occasion.
The President appointed as a committee on the part of the Senate the following:

Senators Williams of the 5th District, and Lindsay of the 34th District.

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

908

JOURNAL OF THE SENATE,

Mr. President:
The House has passed by the reqlllstte constitutional majority the following bills and/or resolutions of the House, to-wit:

By Messrs. Parker and Barlow of Colquitt-
House Resolution No. 19-118b. A resolution authorizing the General Assembly to convene itself in Extraordinary Session, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 35. A bill to be entitled an Act to provide for the sterilization of selected persons from the inmates of the State Institutions, and for other purposes.

By Mr. Hand of Mitchell-
House Resolution No. 58-336c. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article 3, providing that the fixed sums appropriated in the General Appropriations Act shall be reduced pro rata in the amount of the deficiency of revenue receipts for the period excepting the amounts appropriated for insurance on public property, and for other purposes.

By Messrs. Lanier of Richmond and Sutton of Wilkes-
House Resolution No. 64-314a. A resolution proposing for an amendment to Paragraph 2, Section 6, of the Constitution of Georgia, to provide authority in the counties to levy a tax for payment of old age assistance and other benefits.

By Mr. Harris of Richmond-
House Bill No. 122. A bill to be entitled an Act to appropriate $10,566.67 for the payment of the salaries of

WEDNESDAY, FEBRUARY 10, 1937.

909

Wm. B. Harrison, as Comptroller-General of Georgia, and George B. Hamilton as Treasurer of Georgia, and for other purposes.

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

By Senator Knabb of the 4th District-
Senate Bill No. 125. A bill to amend Sections 13-501 and 13-2005 of the 1933 Code relating to publication of re4 ports of State Banks and semi-annual examinations of State Banks by directors, and for other purposes.
Referred to Committee on Banks and Banking.

By Senators Knabb of the 4th District, Atkinson of the 1st District, and Atwood of the 2nd District-
Senate Bill No. 126. A bill to amend the "TraylorNeill Act" by adding a new road in Glynn County to be known as the "Fort Frederica National Shrine and Battle of Bloody March Highway," and for other purposes.
Referred to Committee on Highways and Public Roads.
'
By Senator Whitehead of the 30th District-
Senate Bill No. 127. A bill to amend the Motor Carriers Act of 1931, to include granite and other mine products as additional agricultural products as therein defined, and for other purposes.
Referred to Committee on Agriculture.

By Senators Purdom of the 46th District, Kimbrough of the 25th District, Atkinson of the 1st District, Pope of the 7th District, Greer of the 13th District, and Terrell of the 19th District-
Senate Bill No. 128. A bill to amend Section 77-303 of

910

JouRNAL OF THE SENATE,

the 1933 Code by increasing the salaries of the Prison Commissioners from $3500.00 to $5000.00, and for other purposes.
Referred to Committee on Penitentiary.

By Senator Knabb of the 4th District-
Senate Bill No. 129. A bill to reduce the bond of the Sheriff of Charlton Coun~y, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Sutton of the 47th District-
Senate Bill No. 130. A bill to repeal Section 5-112, Chapter 5-l, Title 5 of the 1933 Code, providing that all funds collected by the Department of Agriculture shall be paid into the Treasury of the State and disbursed by appropriations provided by the General Assembly, and approved by the Governor, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senators McCutchen of the 43rd District, Atkinson of the 1st District, and Almand of the 50th District-

Senate Bill No. 131. A bill to amend the Act of February 14,1935, defining the status of the Regents of the Uni. versity System, by striking that part of Section 3, page 171 of the 1935 Laws, which requires fees and proceeds of sales to be transmitted to the State Treasurer, and for other purposes.

Referred to Committee on University of Georgia.

Senator Patten of the 6th District, Chairman of the Com-

mittee on Education and Public Schools, submitted the

following report:



Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bills of the Senate

WEDNESDAY, FEBRUARY 10, 1937.

911

and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 26 do pass.
House Bill No. 141 do pass, as amended.
Respectfully submitted,
PATTEN, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties llpd County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 289.
Respectfully submitted,
JACKSON, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 62.

Respectfully submitted, ALLEN, Chairman.

912

JOURNAL OF THE SENATE,

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the .Constitution has had under consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Resolution No. 18 do not pass.
Senate Bill No. 120 do pass. Senate Resolution No. 23 do pass. Senate Bill No. 97 do pass.
Senate Bill No. 22 do pass. Senate Bill No. 15 do pass. House Resolution No. lo-41a do pass. House Bill No. 34 do pass, as amended.
Respectfully submitted, PoPE, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and

WEDNESDAY, FEBRUARY 10, 1937.

913

has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 215.

Respectfully submitted, JACKSON, Chairman.

The following special report of the Committee on Academy for the Blind was read:

Hon. John B. Spivey, President of the Senate.

Mr. President:
1. Your Committee on the Academy for the Blind submit the following report:

2. On Saturday, January 30, at 11:00 o'clock, A.M., we visited the Academy, furnishing our own transportation from Atlanta.

3. The Academy is an Institution of Learning and not one of custodial as many people believe it to be.

5.

ENROLLMENT

White School ... Male 52 Female 25 Total 77

Colored School. .Male 12 Female 17 Total29

Students are admitted from 7 to 21 years of age.

6.

STATE PROPERTY

(a) White School. .. 30 Acres of Land and Buildings

(b) Colored School. 3 Acres of Land and Buildings

914

JouRNAL OF THE SENATE,

7.

APPROPRIATION

1930 and 31. .... $50,000.00 Each Year.

1932 and 33 .... $43,000.00 Each Year.

1934 and 35 . . .. $38,000.00 Each Year.

None of these appropriations were paid in full and during this period of six years the unpaid appropriation due this Institution amounts to $44,385.82.

We recommend that the appropriation for this Institution be placed at Fifty Thousand ($50,000.00) Dollars per year due to the fact that the heating system in the White School has been in use for many years, and the boilers may become useless at any time, and the Institution be without heat. Plumbing, brick work and grounds in need of repairs.

Colored School-badly in need of many improvements such as bathrooms, toilets, heating system, and floors, these to a brick building erected in 1882.

We found the entire Institution in an immaculate condition and systematic in its operations. And we commend Mr. Oliphant and his staff most highly for the services they are rendering to these blind citizens and to the State of Georgia. His yearly report to the Board of Control attached hereto and made a part of this report.
Respectfully,
HoLMES of the 22nd District, Chairman
ATwooo of the 2nd District, Secretary
AuLTMAN of the 23rd Distric.t
WALKER of the 28th District.

WEDNESDAY, FEBRUARY 10, 1937.

915

January 30, 1936.

The Board of Control Eleemosynary Institutions 216 State Capitol, Atlanta, Georgia.

Ladies and Gentlemen:
In compliance with Georgia law I submit this brief report of the operation of the Georgia Academy for the Blind for the year 1935. As I am directed to make this report as concise as possible, I omit the details of administration relating to receipts and expenditures, since information as to these matters may be found on file in the office of the Secretary-Treasurer in the form of bills and reports, to which reference may be made if desired.

ENROLLMENT January 1 to December 31, 1935 White School. ... Males 51 Females 32 Total 83 Colored School. .. Males 17 Females 17 Total 41

124

HEALTH RECORD
The health of the student body during 1935 was good. We had no deaths, no epidemics, and no serious cases of illness. The health record of our pupils is remarkably good, taking into consideration that so many of them are subnormal physically.

WHITE SCHOOL
Attention is again called to the fact that this is an educational institution rather than a custodial institution. The fact that pupils are sent here during the school year and

916

JouRNAL OF THE SENATE,

supported by the State does not warrant its being classified as either a charitable or custodial institution. As explained in previous reports, living expenses are given to pupils not as a concession to them, but as a means of saving money for the State. If these children should be educated in their own communities, it would be recessary to send them specially trained teachers, which would greatly increase the cost of educating them. Therefore the State, as a matter of economy, brings them together at one central point because it is cheaper to feed and house them than it is to send teachers to each community where there is a blind child to be educated. Whatever concession there is in the case is made by the pupil rather than the State. Since this is an educational institution, the standards by which it must be judged are necessarily educational standards.

The White School offers instruction in its literary department covering ten grades, corresponding approximately with the course of study in the junior high school. Since this is the only education which most of these children get, it is very desirable that they should have the equivalent of the course of study offered in a standard accredited high school. At present it is not possible to give them this, on account of lack of income. The excellent quality of instruction in the literary department is proven by the record being made by our students who are in college.

In the music department instruction is given in piano, pipe organ, theory and harmony, musical history, and chorus.

The Boys' Manual Training Department offers instruction in various forms of woodwork, metal work, chair caning, and tuning and repairing pianos, and piano players. This department is equipped with a consider:tble number of motor-driven woodworking machines for the purpose of training boys in the careful use of machinery and helping

WEDNESDAY, FEBRUARY 10, 1937. '

917

them to understand how the work of the modern world is accomplished.

The Girls' Manual Training Department offers instruction in plain and fancy sewing, weaving, crocheting, knitting, basketry, chair caning, and other forms of hand training, with special attention to various forms of weaving. It has adeq';late equipment of looms for doing various kinds of weavmg.

The Typewriting Department is in charge of a graduate of a business college and gives instruction to all pupils in the use of the typewriter, beginning with the fifth grade. After pupils reach the fifth grade, they are required to hand in all written work to their teachers typewritten. Many of our pupils become very expert in the use of the typewriter.

SCHOOL FOR COLORED CHILDREN
The School for Negro Children is operated on the same basis as heretofore, with no changes in curriculum. The literary course covers eight grades, giving about the same course of study as is found in grammar schools for seeing children. The m~nual training work has been cut down until the only instruction offered in this department is sewing and laundry work for girls and chair caning for boys.

FINANCES
The necessity for brevity makes it impossible to discuss finances in detail. However, it is only fair to the governing authorities to call attention to certain matters which otherwise might escape notice. Except for the last six years, appropriations made to this institution have always been paid in full. In the last six years the amount received from the State has been less than the appropriations made, by the sum of $44,385.82. It must be remembered that the Legislature usually figured out the smallest amount on

918

JouRNAL OF THE SENATE,

which the institution could be operated with justice to taxpayers and with fairness to the blind children of Georgia. It would not be true to say that the school has been operated as well without this amount as it could have been with it. Very earnest effort has been made by the administration and the staff of the Georgia Academy for the Blind to give to the blind children of Georgia the best possible service under the circumstances; but it is well enough to consider that during this time we have had to curtail services, we have been unable to make desirable progress and improvements, to replace equipment, and to keep pace with progress in our line of work. Some of our equipment is so well worn that it does not serve its purpose efficiently. Some of it that could be overhauled and made efficient has necessarily been forced to do duty without overhauling beyond the point of economy.

Heavy cuts have been made in the salaries of employees and the rising cost of living is making it very difficult for some of our employees to live. The entire staff have realized that conditions made it necessary to curtail appropriations and that the lack of necessary funds made it impossible to pay the appropriations made. No complaint is made as to what has taken place; but now that the emergency has passed to a considerable extent and the State has paid its debts, it is respectfully suggested that the blind children of Georgia, as a matter of justice and fair play, are probably entitled to a larger share in the income of the State. If they are to compete with their seeing brothers and sisters, they must be better trained. To obtain and keep efficient people for this kind of work, they should be paid better salaries than are paid for similar work in the public schools. During the present school year we have lost four employees by resignation, which is more than we have lost in any one year for the past twenty-five years. In replacing these we have found very considerable difficulty in securing suitable qualified persons for the salaries paid. The school cannot be better than its teachers. If these facts can be called to

WEDNESDAY, FEBRUARY 10, 1937. .

919

its, all that is probably necessary is that these facts should be called to the attention of the Board, and their sense of justice and fair play to the blind children of Georgia that is necessary to induce them to do whatever is possible.

We have always kept within our appropriations, although we have not always been able to keep within our allotment from appropriations. We shall still endeavor to do our best with the means offered, but with the increased cost of living it will probably be more difficult this year than it has been heretofore. We hope that the Board will carefully consider this situation and afford us whatever relief may be in their power.
Yours truly,
G. F. OLIPHANT, Supt.
H. G. ATwooD as to copy.

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

By Senators Burgin of the 24th District and Terrell of the 19th District-
Senate Bill No. 15. A bill to amend Paragraph 16, Section 7, Article 3 of the Constitution, relating to the passage of local or special bills, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 22. A bill to amend Paragraph 1, Section 4, Article 1 of the Constitution, authorizing the General Assembly to enact laws creating a retirement system for teachers and employees of County School Systems, and for other purposes.

920

JouRNAL OF THE SENATE,

By Senator Millican of the 35th District-
Senate Bill No. 26. A bill to amend an Act codifying the school laws, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 97. A bill proposing to the voters of Georgia an amendment to Article II, Section 1 of the Constitution giving the governing authorities of DeKalb County certain powers, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 120. A bill to amend Paragraph 2, Section 4, Article 7 of the Constitution authorizing the General Assembly to enact laws creating a retirement fund for county officers of Chatham County, and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Terrell of the 19th DistrictSenate Resolution No. 23. A resolution proposing to the
voters of Georgia an amendment to the Constitution which creates a Board of Pardons, and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:
By Mr. Sutton of Wilkes-
House Resolution No. 10. A resolution proposing to the voters an amendment to the Constitution enlarging the jurisdiction of Justices of the Peace, and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:

WEDNESDAY, FEBRUARY 10, 1937.

921

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 34. A bill to propose a Constitutional amendment so as to authorize classification of property for taxation, and for other purposes.

By Messrs. Jones and Peebles of Bartow-
House Bill No. 62. A bill to provide for four terms per year of Bartow Superior Court, Cherokee Circuit, and for other purposes.

By Messrs. Peebles and Jones of Bartow-
House Bill No. 215. A bill to amend an Act creating a City Court of Bartow County, and for other purposes.

By Mr. Marshall of Macon-
House Bill No. 289. A bill to fix the compensation of the County Commissioners of Macon County, and for other purposes.

By Mr. Davis of Floyd-
House Bill No. 141. A bill to provide for the listing and adoption of text-hooks for the use in the public schools of this State; to prescribe the duties of State Board of Education with reference thereto, and for other purposes.

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

By Messrs. Parker and Barlow of Colquitt-
House Resolution No. 19. A resolution authorizing the General Assembly to convene itself in Extraordinary Session, and for other purposes.
Referred to Committee on Amendments to the Constitution.

922

JouRNAL OF THE SENATE,

By Mr. Hand of Mitchell-
House Resolution No. 58. A resolution proposing to the voters of Georgia an amendment to Article 3, Section 7, Paragraph 9, of the Constitution, providing that the fixed sums appropriated in the General Appropriations Act shall be reduced pro rata in the amount of the deficiency of revenue receipts, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Messrs. Lanier of Richmond and Sutton of Wilkes-
House Resolution No. 64. A resolution to amend the Constitution to provide authority in the counties to levy a tax for payment of old age assistance, and for other purposes.
Referred to Committee on Amendments to the Constitution.
The following bills of the House were read the first time and referred to the committees:

By Messrs. Lanier, Harris, and Barrett of RichmondHouse Bill No. 35. A hill to provide for the sterilization
of selected persons from the inmates of the state institution, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Mr. Harris of Richmond-
House Bill No. 122. A bill to appropriate $10,566.67 for the payment of the salaries of the Comptroller-General and Treasurer from the 24th day of February, 1936 until the 12th day of January 1937, and for other purposes.
Referred to Committee on Appropriations.

WEDNESDAY, FEBRUARY 10, 1937.

923

Senator Atkinson of the 1st District asked unanimous consent that House Bills No. 218, No. 219, and No. 231, as they come up for passage, be considered and acted upon section by section.
There was objection.
Senator Atkinson of the 1st District moved that House Bills No. 218, No. 219, and No. 231, as they come up for passage, be considered and acted upon section by section.
The motion prevailed.
The following bill of the House was read the third time and put upon its vassage:
By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 218. A bill to promote the public welfare by providing aid to dependent children and defining the duties and functions of the State Department of Public Welfare in Administering this Act, and for other purposes.
Senator Millican of the 35th District moved to amend House Bill No. 218, Section 12, line 15, of the printed bill by adding after the word "otherwise" the words: "except funds specifically allocated by law for other purposes."
The amendment was adopted.
Senator Lindsay of the 34th District moved to amend House Bill No. 218 by adding at the end of Section 12 the following words: "Provided, however, nothing in this Act shall be construed as delegating, directly or indirectly, the power of taxation to the County or State Welfare Boards herein created, and all assessments of the 10% of the expenses of this work against the various counties. shall be subject to the ability of the county to raise said amount by lawful and non-confiscatory taxes."
The amendment was adopted.

924

JouRNAL OF THE SENATE,

Senator Millican of the 35th District moved to amend House Biil No. 218 by adding a new Section to be numbered Section 17, as follows: "Section 17. Separability Clause: If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

The following communication from His Excellency, the Governor, was read:

February 10, 1937.
To THE GENERAL AssEMBLY oF GEoRGIA:
I am returning herewith House Bill No. 89 which I have vetoed with the consent and approval of the author of the bill, who plans to introduce another bill removing the objectionable features of this bill.

Attached hereto is a copy of an opinion by the Attorney General holding that there is grave doubt as to the constitutionality of this bill.

Respectfully submitted, E. D. RIVERS, Governor.

WEDNESDAY, FEBRUARY 10, 1937.

925

February 5, 1937.

GovERNOR E. D. RIVERs,
State Capitol,
Atlanta, Georgia,
My dear Governor:
I have examined House Bill No. 89 which is an amendment to a 1924 Act of the Legislature.
The amendment incorporated in House Bill No. 89 to the effect that no costs which may become due under the law to Justices of the Peace or committing courts in cases disposed of in the criminal court of Atlanta shall be paid out of the county treasury when construed in the light of the Act of 1924, would, in the opinion of this Department, enable the county to collect costs which are lawfully due committing courts under the general statutes of this State and keep the same as county property.
Under the terms of this amendment we know of no way for a committing court to receive any costs in Fulton County although the committing court is required to issue warrants and h<;>ld commitment hearings.
Under the general law of the State, a committing court can not collect any costs from a defendant until after final trial. It is a misdemeanor to do so.
This Department entertains strong doubt as to the constitutionality of the Act of 1924 and therefore as to the amendment to said Act incorporated in House Bill No. 89.
Trusting that the foregoing is the information that you desire, I am
Yours very truly, M. J. YEOMANS, Attorney General.

926

JouRNAL oF THE SENATE,

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

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 219. A bill to promote the public welfare by providing for assistance to the needy aged, to define the duties of the State Department of Public Welfare in arf. ministering this Act, and for other purposes.

Senator Atkinson of the 1st District moved to amend House Bill No. 219 by adding at the end of paragraph (e), Section 2 the following: "One year of which must be the year immediately preceding the application."
The amendment was adopted.
Senator Millican of the 35th District moved to amend House Bill No. 219, Section 17, line 17, of the printed bill by adding after the word "otherwise" the following words "except funds specifically allocated by law for other purposes."
The amendment was adopted.
Senators Lindsay of the 34th District and Pope of the 7th District moved to amend House Bill No. 219 as follows, by adding at the end of Section 17 the following words: "PrOvided, however, that no county shall be required to levy a tax for the purpose of this Act in excess of the reasonable ability of such county to raise the same without levying confiscatory taxes therefor."
The amendment was adopted.
Senator Lindsay of the 34th District moved to amend House Bill No. 219 by adding a new section to be known as Section 19 (a), as follows: "The various county welfare boards shall maintain for public information a roll book

WEDNESDAY, FEBRUARY 10, 1937.

927

giving the full name and address of each beneficiary and the name, address and salary paid each employee of said board in said county."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Millican of the 35th District asked unanimous consent that the Secretary be authorized and instructed to have 75 copies of the following bill printed for use of the members of the Senate:

By Mr. Davis of Floyd-
House Bill No. 141. A bill to provide for the listing and adoption of text-books for the use in public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto, and for other purposes.
The consent was granted.

The following resolution of the Senate was read the first time and referred to the committee:

By Senator Purdom of the 46th District__:.
Senate Resolution No. 44. A resolution protesting the issuance of a postage stamp by the United States Post Office Department in commemoration of Gen. William T. Sherman.
Referred to Committee on Rules.

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

928

JouRNAL OF THE SENATE,

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 231. A bill to promote the public welfare by providing aid to the needy blind, to define the duties of the State Department of Public Welfare administering this Act, and for other purposes.

Senator Harrison of the 17th District moved to amend House Bill No. 231 as follows: Amend Section 3 (e) by changing the period at the end of the sentence to a comma and adding thereafter the following language: "one year of which must be the year immediately preceding the application." Amend further by adding to Section 3 the following additional sub-section: "(g) is not receiving old age assistance."
The amendment was adopted.

Senator Harrison of the 17th District moved to amend House Bill No. 231 by adding to Section 3 an additional sub-section to read as follows: "(h) is not publicly soliciting alms in any part of this State. The term "publicly soliciting" shall be construed to mean the wearing, carrying, or exhibiting of signs denoting blindness or the carrying of the receptacles for the reception of alms, or the doing of the same by proxy or by begging from house to house."
The amendment was adopted.

Senator Harrison of the 17th District moved to amend House Bill No. 231, Section 5, sub-section (j) so the same shall read as follows: "G) Initiate or cooperate with other agencies in developing measures for the prevention of blindness, the restoration of eye-sight, and the vocational adjustment of blind persons, including employment in regular industry, independent business, sheltered work shops, or home industry, and the instruction of the adult blind in their homes."
The amendment was adopted.

WEDNESDAY, FEBRUARY 10; 1937.

929

Senator Lindsay of the 34th District moved to amend House Bill No. 231 as follows: amend Section 5 by striking the word "counties" in line 6, sub-section (b) of the printed bill and inserting in lieu thereof the words "county departments":
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 231, Section 20, by adding in the said section, line 6 of the printed bill, following the word "thereof" the following words: "provided, however, the county taxing authority is in no sense delegated to the Welfare Boards herein created and the 10% required of each county shall not exceed the amount of taxes or revenues available in such county for such purpose."
The amendment was adopted.

Senator Millican of the 35th District moved to amend House Bill No. 231, Section 20, line 13 of the printed bill, by adding after the word "otherwise" the following language: "except funds specifically allocated by law for other purposes."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35, the nays'O:
The bill having received the requisite constitutional majority was passed, as amended.

The following resolution of the Senate was read the first time and referred to the committee:

930

JOURNAL OF THE SENATE,

By Senator Shedd of the 3rd District-
Senate Resolution No. 45. A resolution approving the Act of the President of the United States in proposing to Congress legislation relative to the reorganization of the Supreme Court and memorializing our Senators and Representatives to support said legislation.
Referred to Committee on Rules.

Senator Pope of the 7th District moved that the Senate recess until 1:15, P. M., today, at which time it reconvene until otherwise ordered by the Senate.
The motion prevailed.
The President announced that the Senate stood recessed until 1:15, P.M., o'clock.
The hour of 1:15,P. M.,o'clock having arrived, the President called the Senate to order.

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

By Mr. Pilcher of Warren-
House Bill No. 164. A bill to amend an Act which incorporated the town of Warrenton, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Pilcher of WarrenHouse Bill No. 165. A bill to amend an Act incorporat-

WEDNESDAY, FEBRUARY 10, 1937.

931

ing the town of Warrenton, providing for the election of commissioners for 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 30, the nays 0.
The bill having received the requisite constitutional m::tjority was passed.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 222. A bill to amend an Act entitled an Act to create a new charter for the City of East Point, approved August 19, 1912, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Smith, Leonard, and Elliott of Muscogee-
House Bill No. 277. A bill extending the corporate limits of the City of Columbus, Ga., so as to embrace territory in the Eighth District of Muscogee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of GlynnHouse Bill No. 290. A bill to amend the charter of the

932

JouRNAL oF THE SENATE,

City of Brunswick; to reduce the City Limits of said City of Brunswick; to ratify the acts of its City Commission in closing certain portions of Carpenter Street, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays D.
The bill having received the requisite constitutional majority was passed.

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

By Senator Millican of the 35th District-
Senate Bill No. 76. A bill to define the crime of sedition and to prescribe the punishment therefor; to define the crime of possessing seditious literature with intent to circulate, and to prescribe the punishment therefor; and for other purposes.

Senator Millican of the 35th District offered the following amendmen~ to Senate Bill No. 76:

By adding a new Section as follows:
"Section 7. Be it further enacted, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 32, the nays 0.

WEDNESDAY, FEBRUARY 10, 1937.

933

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

By Senator Harrell of the 12th District-
Senate Bill No. 78. A bill to provide that in all incorpOrated towns and cities in this State the polls shall be kept open from seven o'clock, A. M., to six o'clock, P. M., in all primary, local and general elections, and for other purposes.
Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 78:
To amend Section 1 of said bill as follows:
By adding after the word" cities" in the third line of said section the words "having a population of 300, or more"; also by amending the caption of said bill to conform with Section 1 as amended.
The amendment was adopted.
Senator Atkinson of the 1st District moved that Senate Bill No. 78 be recommitted to the Committee on General Judiciary No. 2.
The motiqn was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended,' the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Senator Pruett of the 32nd District-
Senate Bill No. 96. A bill to amend Section 26-2502 of the Code of 1933 providing punishment for robbery by open force or violence so that the punishment shall be death instead of 4 to 20 years, and for other purposes.

934

JouRNAL oF THE SENATE,

The committee offered the following substitute to Senate Bill No. 96:

A BILL
To be entitled an Act to amend Section 26-2502 of the 1933 Code of Georgia providing punishment for robbery by open force or violence so that the punishment shall be death or life imprisonment instead of four to twenty years, and for other purposes.
Be it enacted by the General Assembly of Georgia:

Section 1. That Code Section 26-2502 of the 1933 Code of Georgia providing:
"Robbery by open force or violence shall be punished by imprisonment and labor in the penitentiary for not less than four years nor more than 20 years"
be, and the same is hereby amended by striking therefrom the following language:
"By imprisonment and labor in the penitentiary for not less than four years nor more than 20 years"
and substituting in lieu thereof the following words:
"By death unless the jury recommends mercy, in which event, punishment shall be imprisonment in the penitentiary for life"
so that Section 26-2502 of the 1933 Code when amended will read as follows:
"Robbery by open force or violence shall be punished by death unless the jury recommends mercy, in which event, punishment shall be imprisonment in the penitentiary for life."

Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.

WEDNESDAY, FEBRUARY 10," 1937.

935

Th~ committee 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 27, the nays 4.
The bill having received the requisite constitutional majority was passed, by substitute.

Senator Harrell of the 12th District gave notice that he would, at the proper time, make a motion to reconsider the action of the Senate in passing Senate Bill No. 96.

By Senator Hardman of the 33rd District-
Senate Bill No. 101. A bill to amend Section 42-207 of the Code of 1933, relating to penalties for selling mouldy or damaged feeding stuff, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Hardman of the 33rd District-
Senate Bill No. 102. A bill to amend Section 42-202 of the Code of Georgia, relating to the registration of feeding stuff with the Commissioner of Agriculture, by providing more fully the manner of such registration, fixing fees therefor and providing for the disposition of such fees, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0. -

936

JoURNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

The following resolution of the Senate was read and adopted:

By Senators Peebles of the 18th District and Purdom of the 46th District-
Senate Resolution No. 46. A resolution providing for the appointment of a joint committee of five, two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, to study classification of employees and the matter of salaries to be paid in such classification, and for other purposes.
Under the provisions of the above resolution the President named the following committee: Senators Peebles of the 18th District and Purdom of the 46th District.
Senator Allen of the 31st District moved that the Senate do now adjourn and the motion was lost.
The following resolution of the Senate was introduced, read the first time, and referred to the committee:

By Senator Ennis of the 20th District-
Senate: Resolution No. 47. A resolution designating the highway beginning at Augusta, Georgia, and passing through Louisville, Wrightsville, Dublin, McRae, Abbeville, Fitzgerald, Ocilla, Tifton, Albany, Dawson, Cuthbert, and Georgetown, as the official Jefferson Davis Trail in Georgia.
Referred to Committee on Highways and Public Roads.
The following bill of the Senate was read the third time and put upon its passage:

. WEDNESDAY, FE:SRUARY 10, 1937.

937

By Senator Pruett of the 32nd District-
Sen~te Bill No. 1iO. A bill to amend Section 92-1410 of the 1933 Code of Georgia relative to the distribution of money derived from the gasoline tax to counties by providing that the said money shall be paid to counties on a monthly basis, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following privilege resolutions were read and adopted:

By Senator Williams of the 5th District-
A resolution extending the privileges of the floor to Hon. Julius A. James, a prominent citizen of Ware County.

By Senator Phillips of the. 29th District-
A resolution extending the privileges of the floor to Dr. J. R. Wilson, Messrs. W. H. Batson, H. A. Bowen, and James Burnside of Thompson, Georgia.

By Senator Lindsay of the 34th District-
A resolution extending the privileges of the floor to Hon. Carl N. Guess, former Senator of the 34th District.

By Senator Horne of the lOth District-
A resolution extending the privileges of the floor to Hon. P. M. Lancaster, former member of the Senate from the lOth District.

938

JouRNAL OF THE SENATE,

By Senator Shedd of the 3rd District-
A resolution extending the privileges of the floor to Hon. J. Marvin Strickland, former Senator from the 4th District.

By Senator Atwood of the 2nd District-
A resolution extending the privileges of the floor to Miss Bessie Lewis, a noted historian of South Georgia.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon-
orables E. E. Bullock, R. L. Dixon, and John R. Griffis.

Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A. M.

THURSDAY, FEBRUARY 11, 1937.

939

SENATE CHAMBER, ATLANTA, GA., THURSDAY, FEBRUARY 11, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's session had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
Senator Harrell of the 12th District, having previously given notice of a motion to reconsider the action of the Senate in passing Senate Bill No. 96, moved that the Senate reconsider its action in passing said bill.
Senator Terrell of the 19th District moved the previous question on the motion by Senator Harrell and the motion was sustained.
The motion by Senator Harrell that the Senate reconsider its action in passing Senate Bill No. 96 prevailed and the
bill took its place at the foot of the calendar.
The Journal was confirmed.

940

JouRNAL oF THE SENATE,

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and resolutions.
5. Special orders.
6. Putting on their passage general and local Senate and House bills and resolutions ready for third reading.
The consent was granted and the order established.

Senator Harrison of the 17th District, Chairman of the , Committee on Public Welfare, submitted the following
report:

Mr. President: Your Committee on Public Welfare has had under con-
sideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 2.
Respectfully submitted, HARRISON, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

THURSDAY, FEBRUARY 11, 1937.

941

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass by Committee Substitute:
Senate Bill No. 16.

Respectfully submitted, LINDSAY, Chairman.

Senator Aultman of the 23rd District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President: Your Committee on Game and Fish has had under con-
sideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 116.
Respectfully submitted, AuLTMAN, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No.2 has had under consideration the following bills of the House and Senate

942

JouRNAL OF THE SENATE,

and has instructed me, as chairman, to report the same back to the Senafe with the recommendation that:
House Bill No. 93 do pass. Senate Bill No. 103 do pass, as amended.
Respectfully submitted, SHANNON, Chairman.

Senator McCutchen of the 43rd District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under consideration the following bills and resolution of the Senate and has instructed me, as chairman, to report the same back to the S~nate with the recommendation that the same do pass:
Senate Resolution No. 8.
Senate Bill No. 19.
Senate Bill No. 131.
Respectfully submitted,
McCuTCHEN, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:

THURSDAY, FEBRUARY 11, 1937.

943

Senate Bill No. 59 do pass, by substitute. Senate Bill No. 108 do pass. Senate Bill No. 111 do pass. Senate Bill No. 118 do pass.
Respectfully submitted, SHANNON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters has
had under consideration the following hills of the House . and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 48 do pass, as amended.
Senate Bill No. 129 do pass.
Respectfully submitted, JAcKsoN, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do not pass:
Senate Bill No. 37. Respectfully submitted, LINDSAY, Chairman.

944

JOU~NAL OF THE SENATE,

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

Mr. President:
The House has passed by the reqmsite constitutional majority the following resolutions of the Senate, to-wit:

By Senator Patten of the 6th Districi:-
Senate Resolution No. 41. A resolution providing that the General Assembly of Georgia go on record as favoring the passage of the Harrison-Black-Fletcher bill now pending in theNational Congress.

By Senators Spiv.ey of the 16th District, Atkinson of the 1st District, and Terrell of the 19th District-
Senate Resolution No. 43. A resolution requesting the. Senate and the House to hold a joint session in the hall of the House of Representatives on February 12, 10:30 o'clock, A. M., to pledge allegiance to the Georgia Flag.

The House has agreed to the Senate Amendment to the following bill of the House:

By Mr. Simmons of Decatur and many others-
House Bill No. 123. A bill to be entitled an Act to equalize educational opportunities; to provide for the operation of public schools of the State; to fix a minimum public school term; and for other purposes.

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

Mr. President:
The House has passed by the requiSite constitutional majority the following bill of the Senate, to-wit:

THURSDAY, FEBRUARY 11, 1937.

945

By Senator Atkinson of the 1st District-
Senate Bill No. 107. A bill to be entitled an Act to remove the County Site of Bryan County from Clyde to Pembroke, and for other purposes.

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

By Senator Allen of the 31st District-

Senate Bill No. 16. A bill to amend Code Section 46-208

of the 1933 Code relative to garnishment exemptions, and

' for other purposes.

.

By Senator Almand of the 50th District-
Senate Bill No. 19. A bill directing the State Librarian to deliver to the library of the University of Georgia Law School certain publications, and for other purposes.

By Senator Neely of the 36th District-
Senate Bill No. 59. A bill fixing the time within which settlements may be effected in causes of action arising out of torts, and for other purposes.

By Senator Harrell of the 12th District-
Senate Bill No. 103. A bill to carry into effect Paragraph 18, Section 1, Article 5 of the Constitution of 1877, providing for the suspension of the Treasurer or ComptrollerGeneral from the discharge of duties of their offices in certain cases, and for other purposes.

By Senator Pruett of the 32nd District-
Senate Bill No. 108. A bill to amend Section 24-2702 of the 1933 Code by providing that a clerk is not prevented from practicing law except in his own county, and for other purposes.

946

JOURNAL OF THE SENATE,

By Senator Millican of the 35th District-
Senate Bill No. 111. A bill providing that voluntary express trusts created by residents of Georgia and to be executed shall be construed to be revocable during the life of the donor unless otherwise provided, and for other purposes.

By Senator Atwood of the 2nd District-
Senate Bill No. 116. A bill amending Georgia Laws, 1935, 386, prescribing hunting regulations by adding "squirrels and marsh hens" to Section 3, and for other purposes.

By Senator Shannon of the 21st District-
Senate Bill No. 118. A bill to amend Section 68-214 of the 1933 Code by providing for one metal number plate only for each motor vehicle, and for other purposes.

By Senator Knabb of the 4th District-
Senate Bill No. 129. A bill to reduce the bond of the Sheriff of Charlton County, and for other purposes.

By Senators McCutchen of the 43rd District, Atkinson of the 1st District, and Almand of the 50th District-
Senate Bill No. 131. A bill to amend the Act of February 14, 1935, Section 3, Page 171 of the 1935 Laws, defining the status of the Regents of the University System of Georgia, requiring fees and proceeds of sales to be transmitted to the State Treasurer, and for other purposes.

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

By Senator Almand of the 50th DistrictSenate Resolution No. 8. A resolution authorizing cer-

THURSDAY, FEBRUARY 11, 1937.

947

tain county officials to deposit certain Printed Documents in the Library of the University of Georgia, and for other purposes.

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

By Mr. Grayson of Chatham-
House Bill No. 2. A bill proposing an amendment to the State Constitution providing for payment of old age assistance to aged persons who need aid, and for other purposes.

By Mr. Gross of Stephens-
House Bill No. 48. A bill creating the City Court of Stephens County, and for other purposes.

By Mrs. Mankin of Fulton and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 93. A bill to regulate charitable trust created by will, gift, etc., and for other purposes.

Senator Lindsay of the 34th District moved that House Bill No. 18, known as the Highway Patrol Act, be considered section by section by the Senate, and the motion prevailed.
The following bill of the House, having been established as a special order for the day, was read the third time and put upon its passage:

By Messrs. Hollis of Morgan, Hill of Screven, Ellington of Gilmer, Hastings, Kendrick, and Mrs. Mankin of Fulton, Peebles of Bartow, Harris of Richmond, Bennett of Ware, Sutton of Wilkes, Davis of Floyd, Evans of McDuffie, and many others-

948

JouRNAL OF THE SENATE,

House Bill No. 18. A bill to be entitled an Act to create a Department of Public Safety for Georgia, and to name the members, officers, and divisions thereof, and for other purposes.
The following amendments were offered as the article and section to which they referred was read:

Senators Atkinson of the 1st District, Lindsay of the 34th District, Phillips of the 29th District moved to amend House Bill No. 18, Article 1, Section 1 of the printed bill as follows: Strike the words on line five after the word "Chairman," "of the Secretary of State, the Treasurer of the State of Georgia, the Comptroller-General of the State of Georgia, and the State Superintendent of Schools," and add in lieu thereof the following words: "The Chairman of the Revenue Commission, the Chairman of the Highway Board and the Comptroller General of the State of Georgia."
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 1, Section 3 of the printed bill by striking the word "sixty" on line twelve and inserting in lieu thereof the word "fifty."
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 1, Section 5, line 13 of the printed bill by striking the words "fifty-five" and inserting in lieu thereof the word "fifty."
The amendment was adopted.
The committee moved to amend House Bill No. 18 by striking the words and figures "Forty Eight Hundred Dollars" in Article 1, Section 3, line 9, and substituting therefor the words and figures "Six Thousand Dollars."

THURSDAY, FEBRUARY 11, 1937.

949

On the adoption of the amendment, Senator Whitehead 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:

Allen Almand Atkinson Burgin Hardman

Harrison Jackson Lindsay Neely Phillips

Pope Purdom Shannon Sutton Thrasher

Those voting in the negative were Senators:

Atwood Aultman Brock Burrell Chason Clements Ennis Flynt Greer Griner

Hampton Harrell Holmes Horne Johnson Jones Kimbrough Knabb McKenzie Moye

Pruett Sammon Shedd Sikes Terrell Walker WhiteheaJ Williams

The roll call was verified.

The ayes were 15, the nays 28.

The amendment having failed to receive a majority was lost.

Not voting were: Senators Forrester of the 44th District, Fowler of the 39th District, McCutchen of the 43rd District~ Patten of the 6th District, Pee.bles of the 18th District,
and Peterson of the 15th District.

Senator Whitehead of the 30th District moved to amend House Bill No. 18, Article 1, Section 5, line 3, of the printed bill by striking the words and figures "Three Thousand Six Hundred Dollars" and inserting in lieu thereof the words "Three Thousand Dollars."

950

JOURNAL OF THE SENATE,

On the adoption of the amendment, Senator Whitehead of the 30th District called for the ayes and the nays, and the call was s.ustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Atwood Aultman Chason Flynt Greer Harrell

Holmes Johnson Jones Kimbrough Moye Pruett

Sammon Sikes Terrell Walker Whitehead Williams

Those voting in the negative were Senators:

Allen

Griner

McKenzie

Almand

Hampton

Millican

Atkinson

Hardman

Phillips

Brock

Harrison

Pope

Burgin

Horne

Purdom

Burrell

Jackson

Shedd

Clements

Knabb

Sutton

Ennis

Lindsay

Thrasher

The roll call was verified

The ayes were 18, the nays 24.

The amendment having failed to receive a majority was lost.
Not voting were: Senators Forrester of the 44th District, Fowler of the 39th District, Neely of the 36th District, Patten of the 6th District, Peebles of the 18th District, Peterson of the 15th District, and. Shannon of the 21st District.
The committee moved to amend House Bill No. 18, Article 2, Section 3, Paragraph 3 by inserting immediately after the words "Department of Public Safety" (line 16 of the printed bill) the following words "shall possess at least a high school education" so that said line of said article, section, and paragraph shall read: "in addition to the other qualifications named such llpplicants for appointments

THURSDAY, FEBRUARY 11, 1937.

951

to the uniform division of the department of public safety shall possess at least a high school education, and shall pass a mental and physical examination," etc.

Senators Lindsay of the 34th District and Phillips of the 29th District moved to amend the committee amendment by adding after the words "high school education" the following words "or the equivalent thereof."
This amendment was adopted; whereupon the committee amendment as amended was adopted.

Senator Millican of the 35th District moved to amend House Bill No. 18, Article 2, Section 3, line 4 of the printed bill, by striking the word "twenty-one" in line 4 and inserting in lieu thereof the word "twenty-five."
The amendment was adopted.

Senator Millican of the 35th District moved to amend House Bill No. 18, Article 2, Section 3, line 5 of the printed bill, after the word "enlistment" by striking the words "except that in organizing the Uniform Division, the Commissioner of Public Safety shall be authorized to enlist not more than twenty-five per cent (25%) of such personnel above the maximum age, but not more than fifty years of age at the time of enlistment."
The amendment was adopted.

Senator Terrell of the 19th District moved that the Senate do now recess until 2:00 o'clock, P. M., this day at which time it will reconvene in session until otherwise ordered by the Senate.
The motion prevailed.
The President announced that the Senate stood recessed until 2:00 o'clock, P. M.

952

JouRNAL oF THE SENATE,

The hour of 2:00 o'clock, p. M., ha:ving arrived, the President called the Senate to order and consideration of House Bill No. 18 was resumed.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 2, Section 9, line 9 of the printed bill, by inserting after the words "public safety" the following words "with the consent and approval of the Department of Public Safety."
The amendment was adopted.

Senator Millican of the 35th District moved to amend House Bill No. 18, Article 2, Section 9, lines 8 and 9 of the printed bill by striking the words "Commissioner of the Department of Public Safety" and inserting in lieu thereof the words "State Purchasing Agent"; and to further amend the same section line 13 of the printed bill by striking the wor_ds "Commissioner of Public Safety" and inserting in lieu thereof the words "State Purchasing Agent."
The amendment was adopted.

Senator Thrasher of the 27th District moved to amend House Bill No. 18, Article 2, Section 10, line 6 of the printed bill, by adding after the words "State of Georgia," the following "provided that only funds from Automobile Drivers License Fund shall be used for this purpose."
The amendment was adopted.

Senator Williams of the 5th District moved to amend House Bill No. 18, Section 10, Article 2, by striking from line 8 of the printed bill the words "County of Fulton."
The amendment was adopted.
Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 2, Section 14, line 19 of the printed bill by adding after the word "fugitive" the follow-

THURSDAY, FEBRUARY 11, 1937.

953

ing words "or is likely to be a fugitive on account of a crime committed."
The amendment was adopt~d.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 2, Section 14, line 23 of the printed bill by striking the word "their" and inserting in lieu thereof the word "any."
The amendment was adopted.

Senator Pope of the 7th District moved to amend House Bill No. 18, Article 2, Section 14, line 9 of the printed bill by striking the following: "They shall have the power to arrest without warrant any person or persons committing or attempting to commit a breach of the peac~ or criminal offense in their presence, within this State; they are empowered to serve and execute warrants of arrest or search issued by any lawful officer of this State, and to exercise all the powers of peace officers of this State, except as herein restricted, and any warrant of arrest or search may be executed within any part of this State according to the tenor thereof without indorsement or backing,"
and inserting in lieu thereof the following:
"They shall not exercise any power or arrest unconnected with the violation of traffic laws or laws and regulations governing the ownership and operation of motor vehi,cles in any county or incorporated municipality in this State, except upon request of the mayor or other goyerning authority of such municipality, or the sheriff of the county, or judge of the superior court of such circuit. Provided, however, that the patrol may follow a fugitive from justice anywhere within the limits of the State."
The amendment was adopted.
Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 2, Section 15 on line 21 of the

954

JouRNAL OF THE SENATE,

printed bill as follows: by adding after the word "licensed" the words "and not overloaded."
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 2, Section 15, line 29 of the printed bill by adding the following words at the end of said section "it shall be the further duty of said Georgia State Patrol to strictly enforce the statute laws of this State as to the length, size, and weight of motor vehicles and trailers upon the highways."
The amendment was adopted.

Senator Pope of the 7th District moved to amend House Bill No. 18; Article 4, Section 1, line 14 of the printed bill, sub-paragraph (2) by striking the words "timbering or logging."
The amendment was adopted.

Senator Whitehead of the 30th District moved to amend House Bill No. 18, Article 4, Section 2, line 8 of the printed bill by striking the figures "21" and inserting in lieu thereof the figures " 18" so that the same will read " 18 years of age."
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 4, Section 3, line 7 of the printed bill by adding after the word "permit" the following "and if no guardian or parent the affidavit may be made by any responsible person."
The amendment was adopted.
The following privilege resolution was read and adopted:

THURSDAY, FEBRUARY 11, 1937.

955

By Senator Spivey of the 16th District-
A resolution extending. the privileges of the floor to Han. and Mrs. James D. Henry, prominent citizens of Georgia.

Senator Lindsay of the 34th District moved that the Senate do now adjourn, and the motion prevailed.

Senator Allen of the 31st District was granted a leave of absence from the Senate on Friday, February 12th.

Senators Flynt of the 26th District and Knabb of the 4th District were permitted to cast their vote on House Bill No. 18 due to the fact that they would not be present on tomorrow. They both requested to be recorded as voting aye.

The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

956

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA., FRIDAY, FEBRUARY 12, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Terrell of the 19th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was gran ted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following 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. Unfinished business of previous session.

FRIDAY, FEBRUARY 12, 1937.

957

5. First reading and reference of House bills and resOlutions.
The consent was granted.

Senator Lindsay of the 34th District moved that the Senate disagree to the report of the committee, which was unfavorable to the passage of the following bill of the Senate, to-wit:

By Senator Williams of the 5th District-
Senate Bill No. 18. A bill to amend Code Section 38-418, relating to confidential communications excluded from evidence, and for other purposes.
The motion of Senator Lindsay prevailed and the report of the committee was disagreed to, and the bill given a second reading.

The following resolution of the Senate was read and referred to the committee:

By Senator Pruett of the 32nd District-
Senate Resolution No. 48. A resolution providing that Senate Bill No. 96 and the substitute thereto which was passed by the Senate on February 10 and reconsidered on February 11th be made a special order of the day immediately after the order of unfinished business.
Referred to Committee on Rules.

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

By Senator Harrison of the 17th District-
Senate Bill No. 132. A bill to add a road on' the TraylorNeill map from Millen, Jenkins County,lto Girard, Burke County, and for other purposes.
Referred to Committee on Highways and Public Roads.

958

JOURNAL OF THE SENATE,

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

By Mr. Thomas of Chattooga-
House Bill No. 305. A bill to be entitled an Act to amend an Act to abolish the Board of Commissioners of Chattooga County, and for other purposes.

By Mr. Lewallen of Banks-
House Bill No. 314. A bill to be entitled an Act to fix the bond of the Sheriff of Banks County, Georgia, and for other purposes.

By Mr. Zellner of Monroe-
House Bill No. 327. A bill to he entitled an Act to amend an Act approved February 22, 1873, as amended by an Act of the General Assembly of Georgia approved July 27, 1923 (Acts 1_923, page 288), fixing the bond of the Sheriff of Monroe County, and for other purposes.

By Mr. Harden of Turner-
House Bill No. 339. A bill to he entitled an Act to reduce the official bond of the Sheriff of Turner County, Georgia, and for other purposes.

By Mr. Reid of Wilcox-
House Bill No. 352. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Com-

FRIDAY, FEBRUARY 12, 1937.

959

missioners of Roads and Revenues for Wilcox County," and for other purposes.
Under the provisions of Senate Resolution No. 43 the Speaker has appointed as a committee on the part of the House to confer with a like committee on the part of the Senate to arrange for a joint session program commemorating Georgia Day:

Messrs. Mundy of Polk, Smith of Muscogee, and Palmour of Hall.

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 125.
Respectfully submitted,
KNABB, Vice-Chairman.

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following resolutions of the House and Senate and has instructed me, as chairman, to

960

JouRNAL OF THE SENATE,

report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 9. House Resolution No. 64-341a. House Resolution No. 19-118b. House Resolution No. 5S-336c.

Respectfully submitted, PoPE, Chairman.

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report)'the same back to the Senate with the recommendation that the same do pass:
House Bill No. 35.
Senate Bill No. 98.
Senate Bill No. 71.

Respectfully submitted, CHASON, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government has had

FRIDAY, FEBRUARY 12, 1937.

961

under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended:
House Bill No. 126.

Respectfully submitted, PEEBLEs, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 302.

Respectfully submitted, JAcKsoN, Chairman.

The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senators Chason of the 8th District and Purdom of the 46th District-
Senate Bill No. 71. A bill to amend Section 88-105 of the 1933 Code relating to the salary of the Director of Public Health, and for other purposes.

By Senator Purdom of the 46th District-
Senate Bill No. 98. A bill to authorize the Board of Health to cooperate with the Childrens Bureau of the U.S. Department of Labor, and for other purposes.

962

JOURNAL OF THE SENATE,

By Senator Knabb of the 4th District- ,
Senate Bill No. 125. A bill to amend Code Section 13-501 relating to the number, verification, contents, and publications of reports of State Banks, and for other purposes.

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

By Senators Greer of the 13th District and Chason of the 8th District-
Senate Resolution No. 9. A r~solution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution to permit counties to levy a tax for medical care of indigent sick people, and for other purposes.

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

By Messrs. Parker and Barlow of Colquitt-
House Resolution No. 19. A resolution authorizing the General Assembly to convene itself in extraordinary session, and for other purposes.

By Mr. Hand of Mitchell-
House Resolution No. 58. A resolution proposing an amendment to Article 3, Section 7, Paragraph 9 ot the Constitution providing that fixed sums appropriated in the general appropriation Act shall be reduced pro rata in the amount of the deficiency of revenue receipts, and for other purposes.

By Messrs. Lanier of Richmond and Sutton of Wilkes-
House Resolution No. 64. A resolution proposing an amendment to Paragraph 2, Section 6, Article 7 of the

FRIDAY, FEBRUARY 12, 1937.

963

Constitution giving the counties authority to levy taxes for . payment of old age assistance, and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:

By Messrs. Lanier, Harris, and Barrett of Richmon~
House Bill No. 35. A bill to provide for the sterilization of selected persons from the inmates of the state institution, and for other purposes.

By Messrs. McNall, Grayson, and Cohen of Chatham-
House Bill No. 126. A bill to amend the charter of the Mayor and Aldermen of the City of Savannah, to create the Armstrong Junior Commission, and for other purposes.

By Mr. Fitts of Madison-
House Bill No. 302. A bill amending an Act creating an advisory board to the Commissioner of Roads and Revenues of Madison County; and for other purposes.

Senator Lindsay of the 34th District moved that further consideration of House Bill No. 18, known as the Highway Patrol Act, which was carried over from yesterday as unfinished business, be postponed until Tuesday, February 16th, and made a special order.
The motion prevailed.
The following bills of the House were read the first time and referred to the.committees:

By Mr. Tho!llas of Chattooga-
House Bill No. 305. A bill to amend an Act abolishing the Board of Commissioners of Chattooga County, Georgia, and for other purposes.
Referred to Committee on Counti~s a..~d County Matters.

964

JouRNAL OF THE SENATE,

By Mr. Lewallen of Banks-
House Bill No. 314. A bill to fix the bond of the Sheriff of Banks County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Zellner of Monroe-
House Bill No. 327. A bill to amend an Act fixing the bond of the Sheriff of Monroe County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Harden of TurnerHouse Bill No. 339. A bill to reduce the bond of the
Sheriff of Turner County, and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Reid of WilcoxHouse Bill No. 352. A bill to amend the Act creating a
Board of Commissioners of Roads and Revenues for Wilcox County, and for other purposes.
Referred to Committee on Counties and County Matters.
The following bills of the House were read the third time and put upon their passage:

By Mr. Gross of Stephens-
House Bill No. 48. A bill to be entitled an Act to create and establish the City Court of Stephens County, and for other purposes.
Senator Allen of the 31st District offered the following amendment to House Bill No. 48:

FRIDAY, FEBRUARY 12, 1937.

965

By striking the words "Fifteen Hundred Dollars" in line eighteen in Section 9 and inserting in lieu thereof the words "Twelve Hundred Dollars."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Jones and Peebles of Bartow-
House Bill No. 62. A bill to be entitled an Act to provide for four terms per year of Bartow Superior Court, Cherokee Judicial Circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was pa~sed.

By Messrs. Peebles and Jones of Bartow-
House Bill No. 215. A bill to be entitled an Act to amend an Act to create a City Court in the County of Bartow, and for other purposes.
The report of the committee,which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

966

JOURNAL OF THE SENATE,

By Mr. Marshall of Macon-
House Bill No. 289. A bill to fix the compensation of the County Commissioners of Macon County at $240.00 a year, and for other purposes.
The report of the committee, which was favorable to the passage of the. bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Atkinson of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. President: Your Committee on Rules has had under consideration
the following resolution of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 48.
Respectfully submitted, ATKINSON, Vice-Chairman.

The following resolution of the Senate was read and adopted:

By Senator Pruett of the 32nd District-
Senate Resolution No. 48. A resolution establishing Senate Bill No. 96 as a special order of business for today.
The following bill of the Senate, which was reconsidered on yesterday, was taken up for consideration:

FRIDAY, FEBRUARY 12, 1937.

967

By Senator Pruett of the 32nd District-
Senate Bill No. 96. A bill to be entitled an Act to amend Code Section 26-2502 of the 1933 Code of Georgia providing the punishment for robbery by open force or violence so that the punishment shall be death instead of 4 to 20 years, and for other purposes.
The committee substitute for Senate Bill No. 96, which was adopted on yesterday, was again before the Senate for consideration.

Senator Harrell of the 12th District offered the following amendment to the committee substitute to Senate Bill No. 96:
To amend the substitute by adding at the end of Section 1 of the substitute the following:
"Provided, however, the jury in all cases may recommend that the defendant be imprisoned in the penitentiary for not less than 4 years nor longer than 20 years in the discretion of the Court."
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 bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 30, the nays 0.
The bill having received the reqmstte constitutional majority was passed, by substitute, as amended.
The bill as passed by substitute, as amended, read as follows:

968

jOURNAL OF THE SENATE,

A BILL
To be entitled an Act to amend Section 26-2502 of the 1933 Code of Georgia providing punishment for robbery by open force or violence so that the punishment shall be death or life imprisonment instead of four to twenty years, and for other purposes.
Be it enacted by the General Assembly of Georgia:

Section 1. That Code Section 26-2502 of the 1933 Code of Georgia providing:
"Robbery by open force or violence shall be punished by imprisonment and labor in the penitentiary for not less than four years nor more than 20 years"
be, and the same is hereby amended by striking therefrom the following language:
"By imprisonment and labor in the penitentiary for not less than four years nor more than 20 years"
and substituting in lieu thereof the following words:
"By death unless the jury recommends mercy, in which event, punishment shall be imprisonment in the penitentiary for life provided, however the jury in all cases may recommend that the defendant be imprisoned in the penitentiary for not less than four years nor longer than 20 years in the discretion of the court"
so that Section 26-2502 of the 1933 Code when amended will read as follows:
"Robbery by open force or violence shall be punished by death unless the jury recommends mercy, in which event, punishment shall be imprisonment in the penitentiary for life provided, however, the jury in all cases may recommend that the defendant be imprisoned in the penitentiary for not less than four years nor longer than 20 years in the discretion of the court."

FRIDAY, FEBRUARY 12, 1937.

969

Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Senator Burgin of the 24th District asked unanimous consent that the following bill of the Senate be postponed until Wednesday, February 17th, and made a special order of business immediately following the first part of the period of unanimous consents:

By Senators Burgin of the 24th District and Terrell of the 19th District-
Senate Bill No. 15. A bill to amend the Constitution of the State of Georgia so as to change the paragraph relating to the passage of local or special bills, and for other purposes.
The consent was granted.
The hour having arrived for the convening of the joint session, the President accompanied by the Secretary and members of the Senate repaired to the Hall of the House of Represen ta ti ves.
Hon. John B. Spivey, President of the Senate, called the joint session to order. Senate Resolution No. 43, which provided for the joint session, was read by the Hon. John W. Hammond, Secretary of the Senate.
His Excellency, the Governor, accompanied by the State House Officials and distinguished guests entered the Hall and occupied the seats arranged for them.
Prayer was offered by the Chaplain of the House of Representatives.
Dr. S. V. Sanford, Chancellor of the University System of Georgia, was introduced to the General Assembly and addressed the session on the potentialities of Georgia's natural resources.

970

JOURNAL OF THE SENATE,

A pledge of allegiance to the Flag of the State of Georgia was then administered by Hon. John B. Spivey.
Mr. Sutton of Wilkes moved that the joint session now dissolve and the motion prevailed.
The members of the Senate returned to the Senate Chamber and were called to order by the President.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Almand of the 50th District-
Senate Bill No. 19. A bill to be entitled an Act authorizing and directing the State Librarian to deliver to the Library of the University of Georgia Law School certain publications and providing for the use of this material.
Senators Almand of the 50th District and McCutchen of :he 43rd District offered the following amendment;
To amend Senate Bill No. 19 by adding after the word 'shall" in line 1 of Section 1 the words "when available."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th District-
Senate Bill No. 22. A bill to amend Paragraph 1, Section 4, Article 1 of the Constitution to authorize the General Assembly to enact laws not having uniform operation authorizing any County Board of Education to create a re-

FRIDAY, FEBRUARY 12, 1937.

971

tirement system for teachers and employees, and for othe-r purposes.

Senator Millican of the 35th District moved that further consideration of Senate Bill No. 22 be postponed until Wednesday, February 17th. The motion prevailed.
The following privilege resolution was read and adopted:

By Senator Clements of the 9th District-
A resolution extending the privileges of the floor to Han. C. K. Sharp, prominent citizen of Arlington, Georgia.

Senator Atkinson of the 1st District moved that the Senate do now adjourn until Monday, February 15th, at 10:00 o'clock, A. M.

The motion prevailed.

The President announced that the Senate stood adjourned until10:00 o'clock, A. M., next Monday.

)'

972

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, FEBRUARY 15, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.

Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with.

There was objection.

The roll was called and the following Senators answered present:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Forrester Greer Griner Hampton Hardman

Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican :M.oye Neely Patten

Peebles Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams Mr. President

The following message was receiv;!d from the House through Mr. Kingery, the Clerk thereof:

MoNDAY, FEBRUARY 15, 1937.

973

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House and;or Senate, to-wit:

By Senators Lindsay of the 34th District and Sutton of the 47th District-
Senate Bill No. 23. A bill to be entitled an Act to repeal Section 62-901 of the Code of Georgia of 1933 (Title No. 62 "Live Stock") creating the office of the State Veterinarian, and providing for his salary and expenses, etc., and for other purposes.

By Senators Lindsay of the 34th District and Sutton of the 47th District-
Senate Bill No. 24. A bill to be entitled an Act to establish the office of State Veterinarian; to provide for the appointment of State Veterinarian; to prescribe his duties; to provide for the length of term of office; and for other purposes.

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 31. A bill to be entitled an Act to amend an Act approved by the Ge~eral Assembly and set forth on page 75 in the transactions of the General Assembly of the year 1893, relating to the capital stock required of insurance companies incorporated in this State, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 375. A bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Brunswick," and for other purposes.

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of Friday's session had been examined and found to be correct.

974

JOURNAL OF THE SENATE,

Senator Patten of the 6th District asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.

The Journal was confirmed.

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents, today:
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. First reading and reference of House bills and resolutions.
5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

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

By Senator Millican of the 35th District-
Senate Bill No. 133. A bill to amend Section 40-1901 and Section 40-1902 of the 1933 Code to prescribe the duties and authority of the Supervisor of Purchases; to create a State Purchasing Board; and for other purposes.
Referred to Committee on Finance.

J\!ONDAY, FEBRUARY 15, 1937.

975

By Senator Millican of the 35th District-
Senate Bill No. 134. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Lindsay of the 34th District-
Senate Bill No. 135. A bill to amend Section 55-201 of the 1933 Code by providing that Superior Court Judges shall not, except in certain cases, grant an ex parte interlocutory injunction to restrain duly constituted city electricians on condemning faulty electrical wiring installation within the city limits, and for other purposes.
Referred to Committee on General Judiciary No.1.

By Sena~or Pope of the 7th District-
Senate Bill No. 136. A bill to establish a Board of Photostatic Examiners; to regulate and license photographers; and for other purposes.
Referred to Committee on Uniform Laws.

By Senator Atwood of the 2nd District-
Senate Bill No. 137. A bill to relieve owners from all boat fees, and special taxes imposed from privately owned cultivated oyster beds, and for other purposes.
Referred to Committee on Conservation.

The following resolution of the Senate was read and adopted:

By Senators Clements of the 9th District and Chason of the 8th District-
. Senate Resolution No. 49.

976

JouRNAL OF THE SENATE,

A RESOLUTION
Whereas, the General Assembly has learned with profound sorrow of the recent death of the Hon. A. N. McLeod, who represented Baker County and the lOth Senatorial District in the General Assembly, as Representative and Senator for a number of terms, with honor and distinction;
Therefore, be it resolved by the Senate, the House concurring, that we express our deepest sympathy to the family of this great Georgian; and that a copy of this resolution be sent to the family, and a copy be spread on the minutes of the present session of the General Assembly.

Senator McKenzie of the 48th District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 124.
Respectfully submitted,
McKENZIE, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on M~nicipal Government has had
under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the

MoNDAY, FEBRUARY 15, 1937.

977

Senate with the recommendation that the same do pass, as amended:
House Bill No. 87. Respectfully submitted, PEEBLEs, Chairman.
The following bills of the House, favorably reported by the committees, were read the second time:

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 87. A bill to amend an Act incorporating the City of Dublin, and for other purposes.
By Messrs. Grayson of Chatham, Harris of Richmond, and Gross of Stephens-
House Bill No. 124. A bill to establish a State wide general election in addition to those elections now provided under existing laws, and for other purposes.

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

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 31. A bill to amend Title 56, Chapter 56-2, Paragraph 56-207 of the 1933 Code relating to the capital stock required of insurance companies incorporated in this State, and for other purposes.
Referred to Committee on Insurance.

By Mr. Cogdell of Glynn-
House Bill No. 375. A bill to amend an Act establishing the City Court of Brunswick, and for other purposes.
Referred to Committee on Counties. and County Matters.

978

JouRNAL oF THE SENATE,

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

By Messrs. MeNall, Grayson, and Cohen of Chatham-
House Bill No. 126. A bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah; to create an Armstrong Junior College Commission; and for other purposes.
The committee offered the following amendment to House Bill No. 126:

By striking Section 5 and inserting m lieu thereof the following:

"Section 5. The Armstrong Junior College Commission shall have the entire and exclusive management, operation and control of the Armstrong Junior College, and of all the buildings and properties which now or hereafter constitute a part of said college. The Commission shall have the entire and exclusive charge and control of the appropriation and expenditure of all money which may be appropriated to said Commission or college by the Mayor and Aldermen of the City of Savannah, and of tuition and laboratory fees received from students, and money or property received by the college, or by the corporation referred to in Section 6, from any and all sources, including donations, legacies and bequests."

The committee amendment was adopted.

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

On the passage of the bill, as amended, the ayes were 33,

~n~~

'

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

MoNDAY, FEBRUARY 15, 1937.

979

By Mr. Fitts of Madison-
House Bill No. 302. A bill to amend an Act approved August 17, 1914, as amended by an Act approved August 8, 1916, to provide for the creation of an Advisory Board to the Commissioner of Roads and Revenues of Madison County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lanier, Harris) and Barrett of Richmond-
House Bill No. 34. A bill to propose to the qualified voters of the State an amendment to the Constitution so as to authorize classification of property for taxation and to adopt different rates and methods for taxing different property, and for other purposes.
The committee offered an amendment to House Bill No. 34 which was read.
Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 34 and all amendments thereto be postponed until Thursday, February 18th, immediately following the first part of the period of unanimous consents, at which time it will be made a special and con tinuing order.
The consent was granted.

Senator Lindsay of the 34th District asked unanimous consent that the Secretary of Senate be authorized and instructed to have 100 copies of House Bill No. 34, the present constitutional provisions affected thereby and the provisions which House Bill No. 34 seeks to strike printed~

980

JOURNAL OF THE SENATE,

showing what changes are proposed to be made m the present Constitution by House Bill No. 34.
The consent was granted.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 35. A bill to provide for the sterilization of selected persons from the inmates of the State institutions, and for other purposes.
Senator Ennis of the 20th District asked unanimous consent that further consideration of House Bill No. 35 be postponed until Friday, February 19th, immediately following the period of unanimous consents at which time it will be made a special and continuing order of business; also, that the Secretary be authorized and instructed to have 100 copies of House Bill No. 35 printed for the use of the members of the Senate.
The consent was granted.
The President presented to the Senate Hon. Richard J.
Barr, a member of the Illinois State Senate from the 41st District of Illinois, who addressed the Senate briefly.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 93. A bill to be entitled an Act to regulate charitable trust created by will, gift, etc., and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, FEBRUARY 15, 1937.

981

The following resolutions of the House were read the third time and put upon their passage:

By Mr. Sutton of Wilkes-
House Resolution No. 19. A resolution proposing to the qualified voters of Georgia an amendment to Article 6, Section 7, Paragraph 2, of the Constitution of Georgia enlarging the jurisdiction of the Justices of the Peace.

Senator Chason of the 8th District asked unanimous consent that further consideration of House Resolution No. 10 be postponed until immediately following the final consideration of House Bill No. 18, known as the Highway Patrol Act, and that said resolution be made a special order for this time.
The consent was granted.

By Messrs. Parker and Barlow of ColquittHouse Resolution No. 19.

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia authorizing the General Assembly to convene itself in extraordinary session; to provide for a limitation of time upon such extraordinary session; to provide for the manner in which the General Assembly may convene itself; to provide compensation for the members of the General Assembly for and during said session; and for other purposes.
Be it resolved by the General Assembly of the State of Georgia, that:

Section 1. That Paragraph Thirteen (13) of Section One (1) of Article Five (5) of the Constitution of the State of

982

JOURNAL OF THE SENATE,

Georgia be amended by adding thereto a new paragraph to read as follows:

"Provided, however, that when three-fifths of the members elected to the House of Representatives and threefifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five (5) days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self-co:;vened session shall be limited to a period
of thirty c:~o) c>: :, :_ kss at the expiration of said period,
there shall be ;x:-,:_ing .1n impeachment trial of some officer of the State GoYerm'1ent, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed.

Section 2. Be it further resolved that the members of the General Assembly shall receive the same per diem and mileage during such extraordinary session as is now or may be hereafter provided.
Section 3. Be it further resolved that when this amendment shall be agreed to by a two-thirds vote of the members of the House, and two-thirds vote of the Senate, it shall be entered upon the Journal of each House with the "yeas" and "nays" thereon, and shall be published in one or more newspapers in each congressional district in the State for two months previous to the time for holding the next General election, and at the next General election, shall be submitted to the people for ratification. All persons voting at said

MoNDAY, FEBRUARY 15, 1937.

983

election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to the Constitution authorizing the General Assembly to convene itself in extraordinary session in case of emergency." All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: "Against ratification of amendment to the Constitution authorizing the General Assembly to convene itself in extraordinary session in case of emergency," and if a majority of the electors qualified to vote for the members of the General Assembly voting the reonshall vote for ratification thereof, when the returns shall he consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Paragraph 13 of Section One (1) of Article Five (5) of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor as provided by law.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senato~s:

Allen Almand Atkinson Atwood Aultman Brock Burrell Chason Clements Ennis Flynt Forrester Greer Griner Hampton

Hardman Holmes Home Jackson Johnson Jones Knabb Lindsay McCutchen McKenzie Millican Neely Patten Peebles

Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

984

JouRNAL OF THE SENATE,

Those voting in the negative were Senators:

Harrell

Harrison

Moye

Verification of the roll call was dispensed with.
The ayes were 43, the nays 3.
The resolution having received the two-thirds constitutional majority was adopted.

Not voting were: Senators Burgin of the 24th District, Fowler of the 39th District, Kimbrough of the 25th District, and Peterson of the 15th District.

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

By Mr. Davis of Floyd-
House Bill No. 141. A bill to be entitled an Act to provide for the listing and adoption of text-hooks for use in the public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto, and for other purposes.
The committee offered two amendments to House Bill No. 141.

Senator Patten of the 6th District offered the following substitute for House Bill No. 141:
Substitute by Senator Patten of the 6th District for House Bill No. 141.

A BILL
To be entitled an Act to provide for the listing and adoption of text-hooks for use in the public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto; to provide for furnishing free

MoNDAY, FEBRUARY 15, 1937.

985

text-books for use by the pupils in the public schools, and for use by the pupils in the public eleemosynary institutions of the State, and define the duties of the State Board of Education with reference thereto; to authorize the State Board of Education to provide for the publication of text-books, if in their discretion the same is deemed advisable; to repeal Chapter 32-7, except Sections 32-705 and 32-706, of the Code of Georgia of 1933; to repeal Chapter 38-8 of the Code of Georgia of 1933; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The State Board of Education is authorized and empowered to prescribe by regulation the text-books to be used in the various grades in the public schools of this State, including the elementary grades and high school grades. The Board may provide by regulation for multiple listings of books for use in the various grades, and may in its discretion authorize the County School Superintendent or the Superintendent of independent school systems to exercise a choice as between books so listed or adopted for any particular grade. The Board is authorized in its discretion to disregard any adoption or listings at any time it may be advisable to do so in order to secure competitive prices. It being the intent of this Act to give full and complete power to the Board to acquire school books in any manner necessary in order to reduce the cost of books to the State.
Section 2. The State Board of Education may select a committee of professional educators to examine and recommend text books for listings. Such Commission shall consist of such number of educators as the Board may deem , advisable. They shall serve for such time and for such duties as the State Board of Education may prescribe, and receive such compensation as may be fixed by the State Board of Education. None of said books so adopted shall contain anything of a partisan or sectarian nature.

986

JouRNAL oF THE SENATE,

Section 3. The State Board of Education is hereby authorized and directed to inaugurate and administer a system of free text-books for the public schools of the State of Georgia. The State Board of Education shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose.

Section 4. The State Board of Education shall under such rules and regulations as it may deem advisable provide for purchasing and furnishing such free text-books for use by the pupils in all of the elementary and high school grades in the public schools of this State. For the purposes of this Act the elementary grades shall embrace grades one to seven inclusive and no other; and the high school grades shall embrace grades eight to eleven, inclusive, and no other. In order to effectuate the purposes of this Act the State Board of Education is authorized to enter upon such contracts as may be necessary for that purpose. The State Board of Education may in its discretion extend the provisions of this section under such rules and regulations as it may adopt to the Georgia Training School for Boys, the Georgia Training School for Girls, the Academy for the Blind, the School for the Deaf, and the other public eleemosynary institutions operated in this State for text-books prescribed by the State Board of Education in conformity with this Act, are used.

Section 5. If the State Board of Education shall find it advantageous to the State to provide for publishing any or all of the text-books required to be used in the public schools of this State, it is authorized and empowered to do so under such reasonable rules and regulations as it may prescribe, and to that end may enter upon such contracts as may be necessary for that purpose. The Board shall also have authority to repair the books to extend the period of use. The Board may also purchase any second-hand books as it may deem advisable on such basis as may be reasonable.

MoNDAY, FEBRUARY 15, 1937.

987

Section 6. The expense of administering this Act and the cost of purchasing or publishing or repairing and furnishing such free text-books shall be paid by the State Board of Education from such funds as may be provided by the General Assembly for that purpose; provided, however, that if funds sufficient to furnish free text-books for all grades shall not be available at any time the Board shall give preference to the elementary grades, starting with the lower grades and furnishing free text-books to the higher grades as rapidly as funds are available for that purpose. Provided further, that the State Board of Education shall be authorized if in its discretion it is deemed advisable to do so to contract with the Board of Education of counties or independent school systems now owning text-books for the purchase or use of such text-books upon such terms as may be mutually agreed upon. Provided further, that nothing in this Act shall be construed to prevent the Board of Education of the various counties and independent systems from furnishing free text-books or school supplies from local funds, or furnishing such text-books and school supplies on a rental basis for all grades in addition to the free text-books supplied by the State Board of Education.

Section 7. Chapter 32-7 of the Code of Georgia of 1933, which creates a State Text-Book Commission, and provides for the adoption and listing of uniform text-books and for prescribing a course of study, except so much of said chapter as is contained in Sections 32-705 and 32-706, is hereby repealed. Chapter 32-8 of the Code of _Georgia of 1933, which regulates the furnishing of text-books other than uniform text-books is hereby repealed.

Section 8. In addition to the powers hereinbefore granted to the State Board of Education to provide free school books to the pupils in the common schools, the Board is authorized and empowered to do whatever may be necessary for the general welfare of the Free School Book System, and in order to acquire school books at the lowest possible cost.

988

JouRNAL oF THE SENATE,

Such powers hereinbefore set out being cumulative and not restrictive.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Atkinson of the 1st District asked unanimous consent that the Senate do now recess until 1:30 o'clock, P. M., at which time it reconvene in session and remain in session until otherwise ordered by the Senate.
The consent was granted.
The President announced that the Senate stood recessed until 1:30 o'clock, P. M.
The hour of 1:30 o'clock, P.M., having arrived, the President called the Senate to order.
Consideration of House Bill No. 141, known as the Free Text-hook Act, was resumed.
Senator Millican of the 35th District offered the following amendment to the Patten substitute to House Bill No. 141
To amend Section 1, line 6, by striking the words "may in its discretion" and substituting in lieu thereof the word "shall."
On the above amendment, Senator Sutton of the 47th District moved the previous question, and the call was sustained.
The amendment by Senator Millican was lost.

Senator Millican of the 35th District offered the following amendment to House Bill No. 141:
To amend Section 2, line 1, by striking the word "may" and inserting in lieu thereof the word "shall", and in line 4

MoNDAY, FEBRUARY '15, 1937.

989

of said Section by striking the word "may" and inserting the word "shall."
The above amendment by Senator Millican was adopted.
Senator Johnson of the 42nd District moved that the Senate reconsider its action in adopting the above Millican amendment, and the motion prevailed.
The Millican amendment was lost.
The substitute was adopted.
Senator Lindsay of the 34th District asked unanimous consent that the Senate reconsider its action in adopting the substitute to House Bill No. 141. There was objection.
Senator Lindsay of the 34th District moved that the Senate reconsider its action in adopting the substitute to House Bill No. 141. The motion prevailed.
Senator Lindsay of the 34th District offered the following amendment to the substitute to House Bill No. 141:
By adding to the end of Section 6 of the substitute the following: "Provided, however, in those municipalities and Counties wherein the local Boards of Education have purchased books and are furnishing free or renting same to the pupils, it shall be the duty of the State Board, if different books be selected for use in such municipality or county the State Board shall compensate the local board for the books owned by the local board or allow the use of such locally owned books, so long as said books are serviceable."
The amendment by Senator Lindsay to the substitute was adopted.
The substitute, as amended, was adopted.

990

JoURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill by substitute, as amended, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute, as amended.

The following privilege resolutions were read and adopted:
By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Hon. C. A. Rackley, Tax Commissioner of Montgomery County, Georgia.

By Senator McKenzie of the 48th District-
A resolution extending the privileges of the floorJto
Hon. Edwin Hyman, former member of the Senate from the 20th District.

By Senator Purdom of the 6th District-
A resolution extending the privileges of the floor to Hon. J.P. Kelley of Valdosta, Georgia.

Senator Thrasher of the 27th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10:00 o'clock, A.M., tomorrow.

TuESDAY, FEBRUARY 16, 1937.

991

SENATE CHAMBER, ATLANTA, GA., TuESDAY, FEBRUARY 16, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President Pra-Tempore.
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 the consen~ was granted.
Senator Clements of the 9th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Pope of the 7th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:
1. In traduction of new matter under the rules.
2. Reports of standing committees.
3. Second reading of Senate and House bills and resolutions favorably reported.
4. First reading and reference of House bills and resolutions.

992

jOURNAL OF THE SENATE,

5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
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 reqms1te constitutional majority the following bills of the House, to-wit:

By Mr. Sutton of Wilkes and others-
House Bill No. 121. A bill to be entitled an Act to create a committee for the investigation of State affairs, and for other purposes.

By Messrs. Musgrove of Clinch, Freeman of Bibb, and Harris of Richmond-
House Bill No. 312. A bill to create a new division of the State Highway Department of Georgia, to be known as the Division of United States Rural Post Roads, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 340. A bill to be entitled an Act to amend an Act approved Feb. 15, 1935, amending the charter of the City of Augusta, and for other purposes.
Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:

Mr. President:
Your Committee on Uniform Laws has had under consideration the following bill of the Senate and has instructed

TUESDAY, FEBRUARY 16, 1937.

993

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 124. Respectfully submitted, BRocK, Chairman.
The following bill of the Senate, favorably reported by the committee, was read the second time:
By Senator Terrell of the 19th DistrictSenate Bill No. 124. A bill to amend Title 73, Chapter
73-2 of the 1933 Code, to prevent deception, substitution, and misbranding in the storing or selling of liquid fuels, lubricating oils, etc., and for other purposes.
The following bills of the House were read the first time and referred to the committees:

By Mr. Sutton of Wilkes and othersHouse Bill No. 121. A bill to create a committee for the
investigation of State affairs, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Musgrove of Clinch, Freeman of Bibb,and Harris of Richmond-
House Bill No. 312. A bill to create a new division of the State Highway Department to be known as the Division of United States Rural Post Roads, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 340. A bill to amend an Act amending the charter of the City of Augusta so as to provide for a Mayor of Augusta, and for other purposes.
Referred to Committee on Municipal Government.

994

JouRNAL OF THE SENATE,

The following bill of the House, having been carried oyer as unfinished business and made a special order for today, was taken up for consideration:

By Messrs. Hollis of Morgan, Hill of Screven, Ellington of Gilmer, and many others-
House Bill No. 18. A bill to create a Department of Public Safety for Georgia, and to name the members; officers, and divisions thereof, and for other purposes.

Senator Sutton of the 47th District moved that the Senate reconsider its action in adopting Section 12 of Article 2 of House Bill No. 18. The motion prevailed.
Senator Sutton of the 47th Distri~t moved to amend House Bill No. 18, Article 2, Section 12, by striking from lines 5 and 6 of the printed bill the following "and may accept in the name and behalf of the State of Georgia gifts of property for such purposes," and inserting in lieu thereof the following "and the Department of Public Safety is authorized to accept in the name and behalf of the State of Georgia, any property, equipment, or service that may be donated for use at headquarters, any division or district thereof, which may be of value to any division of the Department of Public Safety."
The amendment was adopted.

Senator Whitehead of the 30th District. moved to amend House Bill No. 18, Article 4, Section 7, line 2 of the printed bill by adding after the word "person" the following words "on his car."
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 4, Section 7, line 8 of the printed

TuESDAY, FEBRUARY 16, 1937.

995

bill by inserting after the word "when" the words "while driving a,"
The amendment was adopted.

Senator Millican of the 35th District moved to amend Hou~e Bill No. 18, Article 4~ Section 10, line 6 of the printed bill by adding after the word "Act" the following: "PrOvided a copy of rules and regulations be furnished each citizen when permit is issued."
The amendment was adopted.

Senator Millican of the 35th District moved to amend House Bill No. 18, Article 4, Section 10, line 4 o'f the printed bill by adding after the word "gazette" the following words "in each Congressional District."
The amendment was adopted.

Senator Pruett of the 32nd District moved to amend House Bill No. 18, Article 4, Section 13, line 9 of sub-section (4) by striking the words "without cost" and inserting in lieu thereof the following words "including such fees as are customary in such matters to be paid by the Department of Public Safety."
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 18, Article 4, Section 16, line 7 of the printed bill by adding at the end thereof the following "It shall be the duty of the Department of Public Safety or whatever authority vested with the duty of examination of applicants or issuing drivers' licenses to maintain at all times in every county facilities for the issuance of such licenses or permits."
The amendment was adopted.
The President assumed the Chair.

996

JouRNAL OF THE SENATE,

Senator Lindsay of the 34th District moved that further consideration of House Bill No. 18, known as the Highway Patrol Act, be postponed until Tuesday, February 23rd, and be made a special order for the day immediately following the first part of the period of unanimous consents.
The motion prevailed.

Senator Johnson of the 42nd District moved that the Chair be instructed to appoint as a special committee to study House Bill No. 18 and report back to the Senate on Tuesday, February 23rd, the following: Senators Phillips of the 29th District, Lindsay of the 34th District, Pope of the 7th District, and Atkinson of the 1st District.
The motion prevailed and the President named the above as a special committee to study House Bill No. 18.
The following bills of the Senate and House were read the third time, and put upon their passage:

By Senator Knabb of the 4th District-
Senate Bill No. 129. A bill to reduce the official bond of the Sheriff of Charlton County, Georgia, from $10,000.00 to $3,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 87. A bill to amend an Act approved August 15, 1919, incorporating the City of Dublin, and Acts amendatory thereof, and for other purposes.

TUESDAY, FEBRUARY 16, 1937.

997

Senator Spivey of the 16th District offered the following amendment to House Bill No. 87:
By striking Section 2 thereof in its entirety.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Grayson of Chatham, Harris of Richmond, and Gross of Stephens-
House Bill No. 124. A bill to establish a State-wide general election in addition to those elections now provided for under existing laws, to provide how and when held, and for other purposes.
The committ~e offered the following amendments to House Bill No. 124:
By adding the following words at the end of Section 1 thereof, after the word "act" the following:
"Provided, however, this Section shall not be construed as requiring the election of United States Senator serving an appointment for an unexpired term."
By striking out all of the words after the word "section" in line 10 of Section 2, as follows, to-wit: "Provided nothing in this section shall effect any appointment now commissioned to fill vacancies under existing laws and constitution."
The committee amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

998

JouRNAL OF THE SENATE,

On the passage of the bill, as amended, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Allen of the 31st District-
Senate Bill No. 16. A bill to amend Section 46-208 of the Code of 1933 by adding in the third line of said section the words "two dollars per day of," by adding in the fourth line the words "and fifty percent on the excess thereof," and by adding at the conclusion thereof the words "all wages above the exemption herein provided for shall be subject to garnishment," and for other purposes.
The committee offered the following substitute for Senate Bill No. 16:

A BILL
To be entitled an Act to amend Section 46-208 of the Code of Georgia of 1933 by striking from the second line of said section of said Code the figures "$1.25" and inserting in lieu of said figures "$1.25" the figures "$1.50;" and by adding at the end of said section of said Code a sentence to read as follows: "Provided, that no wages shall be subject to garnishment where the total amount earned in one week does not exceed nine dollars, irrespective of the days or hours employed to earn such amount;" and for other purposes.

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act Section 46-208 of the Code of Georgia of 1933 be, and the same is, hereby amended by striking from the second line of said section of said Code the figures "$1.25," and inserting in said line of said section in lieu of the figures "$1.25" the figures "$1.50," and by adding at the end of said section ot" said Code a

TUESDAY, FEBRUARY 16, 1937.

999

sentence to read as follows: "Provided that no w~ges shall be subject to garnishment where the total amount earned in one week does not exceed nine dollars, irrespective of the days or hours employed to earn such amount," so that said section when amended will read as follows:

Section 46-208. (5298) Exemption of Wages; Amount.-

All persons shall be exempt from the process and liabilities

of garnishment on $1.50 per day of their daily, weekly or

monthly wages and on 50 per cent. of the excess thereof,

whether in the hands of their employers or others. All

wages above the exemption herein provided for shall be

subject to garnishment. Provided, that no wages shall be

subject to garnishment where the total amount earned in

one week does not exceed nine dollars, irrespective of the

days or hours employed to earn such amount.



Sec. 2. Be it further enacted, 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 of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

By Mr. Williams of the 5th District-
Senate Bill No. 18. A bill to be entitled an Act to amend Section 38-418 of the Code of Georgia of 1933, relating to confidential communications excluded from evidence, and for other purposes.
The r~port of the committee, which was unfavorable to the passage of the bill, was disagreed to February 12th, 1937.

1000

JouRNAL oF THE SENATE,

On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Senator Almand of the 50th District-

Senate Resolution No. 8. A resolution authorizing certain county officials to deposit in the Library of the University of Georgia certain Old Newspapers and Printed Documents, and for other purposes.

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

On the adoption of the resolution, the ayes were 33, the

na~Q



The resolution having received the requisite constitutional majority was adopted.

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

By Mr. Grayson of Chatham-
House Bill No.2. A bill proposing an amendment to the Constitution of the State of Georgia so as to provide for payment of old age assistance to aged persons in need and for the payment of assistance to the needy blind, and to dependent children, and other welfare benefits to be administered by the State Department of Welfare, and for other purposes.
The committee offered the following amendment. to House Bill No.2:

TuESDAY, FEBRUARY 16, 1937.

1001

By adding a new paragraph known as Paragraph 2, to follow Paragraph 1 in Section 1, to read as follows:
"Paragraph 2. Section 1.
"Provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder."
The committee 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, 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:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Forrester Greer Griner

Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye

Patten Peebles Phillips Pope Pruett Purdom Sammon Shannon Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 45, the nays 0.

The bill having received the requisite twa-thirds constitutional majority was passed, as amended.

Not voting were: Senators Fowler of the 39th District>

1002

JOURNAL OF THE SENATE,

Hampton of the 41st District, Neely of the 36th District, Peterson of the 15th District, and Shedd of the 3rd District.
The bill as passed read as follows:

A BILL
Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph 1, Section 1, Article 7, of the Constitution of Georgia, so as to provide for payment of old age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children, and other welfare benefits to he administered by the State Department of Public Welfare, and for other purposes.
Be it resolved by the General Assembly of Georgia.

Section 1. That Paragraph 1, Section 1, Article 7, of the Constitution of Georgia, be and the same is hereby amended, by adding at the end of said paragraph the following language:
"To authorize the levy of taxes for, and to make provision for the payment of old age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits, provided that no person shall he entitled to the assistance herein authorized, who does not qualify for such provisions in every respect,. in accordance with enactments of the General Assembly, which may be in force and effect, pre-. scribing the qualifications for beneficiaries hereunder."
Provided no in dehtedness against the State shall ever he created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General As~embly authorized hereunder.

Section 2. That when this amendment shall be agreed to by a twa-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House,

TUESDAY, FEBRUARY 16, 1937.

1003

with the "yeas" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election, to be held on the Tuesday after the first Monday in June, 1937, and at said next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Paragraph 1, Section 1, Article 7, of the Constitution, providing assist;mce to the aged, needy blind, and dependent children and other welfare benefits." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Paragraph 1, Section 1, Article 7, of the Constitution, providing for assistance to the aged, needy blind, and dependent children and other welfare benefits."

And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall he consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.

Section 3. That any and all provisions of law and parts of laws in conflict with this amendment be and the same are hereby repealed.

Senator Williams of the 5th District asked unanimous consent that Senate Bill No. 18 be immediately transmitted to the House of Representatives. There was objection.

Senator Williams of the 5th District moved that Senate

1004

JOURNAL OF THE SENATE,

Bill No. 18 be immediately transmitted to the House of Representatives.
On point of order by Senator Pope of the 7th District, the Chair ruled the motion to immediately transmit was debatable.

Senator Atkinson of the 1st District asked unanimous consent that the Senate remain in session until 1:30 o'clock, P. M., today. There was objection.

Senator Atkinson of the 1st District moved that the Senate remain in session until 1:30 o'clock, P. M., today unless otherwise ordered by the Senate. The motion prevailed.
On the motion by Senator Williams of the 5th District, Senator Harrell of the 12th 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:

Allen Almand Atkinson Aultman Brock Burrell Ennis Forrester Greer Hardman Harrison Holmes

Jackscn Johnson Kimbrough Knabb Lindsay McCutchen McKenzie Millican Patten Peebles Phillips

Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Whitenead Williams

Those voting in the negative were Senators:

Atwood Chason Clements

Flynt Griner Harrell

Horne Jones Moye

TuESDAY, FEBRUARY 16, 1937.

1005

Verification of the roll call was dispensed with.
The ayes were 34, the nays 9.
The motion therefore prevailed.
Not voting were: Senators Burgin of the 24th District, Fowler of the 39th District, Hampton of the 41st District, Peterson of the 15th District, Thrasher of the 27th District, and Walker of the 28th District.

The following resolution of the House was read the third time and put upon its passage:

By Messrs. Lanier of Richmond and Sutton of Wilkes: House Resolution No. 64.

A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph 2, Section 6, Article 7, of the Constitution of Georgia so as to provide authority to the counties to levy a tax for the purpose of paying old age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits to be administered by the State Department of Public Welfare, and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Paragraph 1, Section 6, Article 7, of the Constitution of Georgia be and the same is hereby amended by adding at the end of said paragraph the following language: "To provide for payment of old age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect in accordance with enactments of

1006

JouRNAL oF THE SENATE,

the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder."

Section 2. That when this amendment shall be agreed to by a two-thirds vote of the members elected to eacti House it shall he entered upon the Journal of each House with the "yeas" and "nays" thereon and it shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election to he held on the Tuesday after the first Monday in June, 1937, and at said next general election shall he submitted to the people for ratification.
All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Paragraph 2, Section 6, Article 7, of the Constitution providing for assistance to the aged, needy blind, and dependent children and other welfare benefits." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Paragraph 2, Section 6, Article 7, of the Constitution providing for assistance to the aged, needy blind, and dependent children and other welfare benefits."
And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall he consolidated as now required by law in elections for mem hers of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of his State, declaring the amendment ratified.
Section 3. That any and all provisions of law and parts of laws in conflict with this amendment be and the same are hereby repealed.

TuESDAv, FEBRUARY 16, 1937.

1007

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Forrester Greer Griner Hardman

Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Patten

Peebles Phillips Pope
Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.
The ayes were 45, the nays 0.
The resolution having received the requisite twO-thirds constitutional majority was adopted.
Not voting were: Senators Almand of the 50th District, Fowler of the 39th District, Hampton of the 41st District, Neely of the 36th District, and Peterson of the 15th District.

The following privilege resolutions were adopted:
By Senator Purdom of the 46th DistrictA resolution extending the privileges of the floor to
.Mrs. C. M. McKenzie, the charming wife of the Senator of the 48th District.

1008

JouRNAL OF THE SENATE,

By Senator Millican of the 35th District-
A resolution extending the privileges of the floor to Dr.
E. E. Steele, prominent Baptist minister of the State.

Senator Atkinson of_ the 1st District moved that the Senate do now adjourn. The motion prevailed.

The President announced that the Senate stood adjourned untillO:OO o'clock, A.M., tomorrow.

WEDNESDAY, FEBRUARY 17, 1937.

1009

SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, FEBRUARY 17, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock A. M. this day and was called to order by the . President.
Prayer was offered by the Rev. W. W. Webb of Hahira, Georgia.

Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

Senator Terrell of the 19th District asked unanimous con-

sent that the reading of the Journal be dispensed with and

the consent was granted.



The Journal was confirmed.

Senator Flynt of the 26th District asked una.nimous consent that the President be instructed to appoint Senator Millican of the 35th District to serve with the special committee named on yesterday to consider House Bill No. 18, known as the Highway Patrol Act. The consent was granted.

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:

1010

JouRNAL OF THE SENATE,

1. Introduction of new matter q.nder the rules.
2. Reports of standing committees.
3. Second reading of Senate and House hills and resolutions favorably reported.
4. First reading and reference of House hills and resOlutions.
5. Special orders.
6. Putting on their passage general and local House and Senate hills and resolutions ready for third reading.
The consent was granted.

The following resolutions of the Senate were read and adopted:

By Senator Spivey of the 16th District-
Senate Resolution No. 50. A resolution extending the sympathy of the General Assembly upon the untimely death of Han. Collins Bird, a prominent citizen of the State of Georgia.

By Senator Spivey of the 16th District-
Senate Resolution No. 51. A resolution providing for a joint session of the General Assembly on Tuesday, February 23rd, at 10:30 o'clock A. M., to hear an address by
Han. J. B. Hutson of the United States Department of
Agriculture.

The following hill of the Senate was introduced, read the first time, and referred to the committee:

By Senators Jackson of the 14th District, Lindsay of the 34th District, Greer of the 13th District, Chason of the 8th District, and Shannon of the 21st District-

WEDNESDAY, FEBRUARY 17, 1937.

1011

Senate Bill No. 138. A bill to regulate the operation of hospitals, sanitoriums and clinics; to prescribe who shall be eligible for treatment therein; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

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

By Senator Jones of the 38th District-
Senate Resolution No. 52. A resolution authorizing..the State Libr<trian to furnish certain law books to Paulding Coun~y, ar:td for other purposes. '
Referred to Committee on Public Library.

By Senator Almand of the 50th District-
Senate Resolution No. 53. A resolution to designate the name of a certain road "The William H. Crawford Highway," and for other purposes.
Referred to Committee on Historical Research.
The following resolution of the Senate was read the first time and referred to the committee:
By Senator Chason of the 8th District-
Senate Resolution No. 54. A resolution establishing Senate Bills Nos. 71 and 98 as orders of business for the day.
R~ferred to Committee on Rules.
Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President: Your Committee on Hygiene and Sanitation has had

1012

JouRNAL OF THE SENATE,

under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
Senate Bill No. 119.
Respectfully submitted,
CHASON, Chairman.

Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report:
Mr. President:
Your Committee on Conservation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 137.
Respectfully submitted,
SHEDD, Chairman.

Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 122.
Respectfully submitted, FLYNT, Chairman.

WEDNESDAY, FEBRUARY 17, 1937.

1013

The following bills of the S~nate, favorably reported by the committees, were read the second time:

By Senator Purdon of the 46th District-
Senate Bill No. 119. A bill to amend an Act creating the State Board of Examiners in Optometry and Amendments enacted thereto, and for other purposes.

By Senator Atwood of the 2nd District-
Senate Bill No. 137. A bill relieving owners from boat fees and special taxes imposed upon gathering of oysters from privately owned oyster beds, and for other purposes.
The following bill of the House, favorably reported by the committee, was read the second time:

By Mr. Harris of RichmondHouse Bill No. 122. A bill to appropriate $10,566.67
for payment of salaries due the Comptroller-General and the Treasurer, and for other purposes.
Senator Millican of the 35th District asked unanimous consent that Senate Bill No. 15, a special order for today, be postponed until next Monday, February 22nd, due to the absence of its author today.
The consent was granted.
The following bills and resolutions of the Senate were read third time and put upon their passage:

By Senator Millican of the 35th District: Senate Bill No. 22.

1014

JOURNAL OF THE SENATE,

A BILL
An Act to amend Paragraph I of Section IV of Article I of the Constitution of the State of Georgia by authorizing the General Assembly to enact laws not having uniform operation authorizing any County Board of Education to create a retirement system for teachers and employes of the County School System, and providing for the tenure of office of such teachers and employes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Section 1. That the Constitution of the State of Georgia is hereby amended as follows, ta-wit: By adding to Paragraph I of Section IV of Article I thereof the following words, to-wit:
"The General Assembly shall have authority, however, to enact laws authorizing any County Board of Education in the State of Georgia to create a retireme}}t fund and a system of retirement pay for the teachers and other employes of the County School System, and to enact laws establishing rules of tenure of office for such teachers and employes. Such legislation need not have uniform operation throughout the State."

Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.

Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be sub-

WEDNESDAY, FEBRUARY 17, 1937.

1015

mitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Canstitution shall have written or printed on their ballots the words, "For ratification ~f amendment to Paragraph I of Section IV of Article I of the Constitution authorizing the Legislature to enact laws authorizing any County Board of Education to create teachers' retirement fund and to enact laws establishing rules of tenure of office for county school teachers;" and all persons oppo~ed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph I of Section IV of Article I of the Constitution authorizing the Legislature to enact laws authorizing any County Board of Education to create teachers' retirement fund and to enact laws establishing rules of tenure of office for county school teachers." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1016

JouRNAL OF THE SENATE,

On the passage of the bill, 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:

Allen Almand Atkinson Atwood Aultman Brock Burrell Chason Ennis Forrester Fowler Greer Griner Fampton Hardman

Harrison Holmes Horne Jackson Johnson Jones Knabb Lindsay McCutchen McKenzie Millican Neely Patten Peebles

Phillips Pope Pruett Purdom Sammon shannon Shedd Sikes Sutton rerrell Thrasher Walker W.hitehead Williams

Those voting in the negative were Senators:

Harrell

Moye

Verification of the roll call was dispensed with.
The ayes were 43, the nays 2.
The bill having received the requisite twa-thirds constitutional majority was passed.
Not voting were: Senators Burgin of the 24th District, Flynt of the 26th District, Kimbrough of the 25th District, and Peterson of the 15th District.

By Senators Greer of the 13th District and Chason of the 8th District-
Senate Resolution No. 9.

WEDNESDAY, FEBRUARY 17, 1937.

1017

A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article VII, Section VI, Paragraph II, of the Constitution of Georgia, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of furnishing medical care and hospitalization for the indigent sick people of the county, and for other purposes.
Be it resolved by the General Assembly of Georgia:

Section 1. That Article VII, Section VI, Paragraph II, of the Constitution of Georgia be and the same is hereby amended by adding to the first paragraph of Paragraph II the following words: "to provide medical care and hospitalization for the indigent sick people of the county," so that said Article VII, Section VI, Paragraph II, of the Constitution as amended shall read as follows:
"Par. II. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners; and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, disease, and health; to provide medical care and hospitalization for the indigent sick people of the county.
"Furthermore, in any county in this State, which has wholly or partly within its boundaries a city of not less tha_n 200,000 population, the-county authorities thereof are hereby authorized to levy a tax not exceeding one mill for educational purposes, on all the taxable property throughout the entire county, including territory embraced in independent school systems, the same to be appropriated to the use of

1018

JouRNAL oF THE SENATE,

the County Board of Education and to educational work directed by them."

Section 2. The foregoing amendment shall be publishedin 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 of 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 their ballots, "For the amendment to article VII, Section VI, Paragraph II, of the Constitution, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of providing medical care and hospitalization for the indigent sick people of the county;" and all persons voting against the ratification .of the amendment shall have written or printed on their ballots, "Against the amendment to Article VII, Section VI, Paragraph II, of the Constitution, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of providing medical care and hospitalization for the indigent sick people of the county." 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 VII, Section VI, Paragraph II, of the Constitution of Georgia.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.

On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen

Aultman

Clements

Almand

Brock

Ennis

Atkinson

Burrell

Flynt

Atwood

Chason

Forrester

WEDNESDAY, FEBRUARY 17, 1937.

1019

Fowler Greer Griner Hampton Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones

Knabb Lindsay McCutchen McKenzie Millican Moye Neely Patten Peebles Phillips Pope Pruett

Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 47, the nays 0.

The resolution having received the requisite two-thirds constitutional majority was adopted.

Not voting were: Senators Burgin of the 24th District, Kimbrough of the 25th District, and Peterson of the 15th District.

By Senator Millican of the 35th District-
Senate Bill No. 26. A bill to be entitled an Act to amend an Act entitled "An Act to codify the school law of the State of Georgia in compliance with the provisions of the Act entitled 'An Act to empower the State Superintendent of Schools, the Attorney General; the Chairman of the Senate and House Committees on Education to codify the School Laws of the State of Georgia," and for other purposes.

Senator Millican of the 35th District offered the following amendment to Senate Bill No. 26:

By adding another section to be numbered Sectiod 2, to read as follows:

1020

JouRNAL oF THE SENATE,

"All laws and parts of laws in conflict with this Act be and the same are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes wer~ 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Neely of the 36th District asked unanimous consent that further consideration of Senate Bill No. 59 be postponed until Thursday, February 18th, and the consent was granted.

By Senator Terrell of the 19th District-
Senate Resolution No. 23. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article 5, Section 1, Paragraph 12, of the Constitution of Georgia, which creates a Board of Pardons, and for other purposes.

Senator Pope of the 7th District offered the following amendment to Senate Resolution No. 23:

By striking the words "Attorney General" wherever same appear in this bill.

The amendment was adopted.

Senator Harrell of the 12th District offered the following

amendment to Senate Resolution No. 23:



By adding after the word "pardon" in line 24, page 3, the followiflg: "Provided, however, no pardon or reprieves or commutations may be granted unless two members of

WEDNESDAY, FEBRUARY 17, 1937.

1021

Prison Commission recommend the pardon, reprieve, commutation, or parole--or removal of disabilities."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the resolution, was agreed to, as amended.
On the adoption of the resolution, 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:

Allen Almand Atkinson Atwood Aultman Brock Burrell Chason Ennis Flynt Greer Griner

Bampton Hardman Harrell Harrison Holmes Home Johnson Kimbrough Knabb McCutchen McKenzie Millican

Moye Peebles Pope
Pruett Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Those voting in the negative were Senators:

Clements

Lindsay

Sammon

Verification of the roll call was dispensed with.
The ayes were 36, the nays 3.
The resolution having received the requisite twa-thirds constitutional majority was adopted.
Not voting were: Senators Burgin of the 24th District, Fowler of the 39th District, Forrester of the 44th District, Jackson of the 14th District, Jones of the 38th District, Patten of the 6th District, Peterson of the 15th District, Phillips of the 29th District, and Purdom of the 46th District.
The resolution, as passed, read as follows:

1022

JouRNAL OF THE SENATE,

A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article (5), Section (1), Paragraph (12), of the Constitution of Georgia, providing that the Governor shall. have power to grant reprieves, pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons; upon conviction for treason, he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof; said amendment to provide that reprieves, pardons, commutation of penalties and removal of disabilities shall be granted by a Board of Pardons, or a majority thereof, such board to consist of the Governor and the members of the Prison Commission of this State.
Be it resolved by the General Assembly of Georgia:

Section 1. That Article (5), Section (1), Paragraph (12), of the Constitution of Georgia which provides:
"He shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardQns. Upon conviction for treason, he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall, at each session of the General Assembly, communicate to that body each case of reprieve, pardon, or commutation granted, stating the name of the convict, the offense of which he was convicted, the sentence and its date, the date of the reprieve,

WEDNESDAY, FEBRUARY 17, 1937.

1023

pardon, or commutation, and the reasons for gral).ting t~e same. He shall take care that the laws are faithfully executed, and shall he a conservator of the peace throughout the State," he, and the same is hereby amended by striking therefrom the following language:
"He shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence offenses against the State, after conviction," and substituting in lieu thereof the following language:
"A Board of Pardons consisting of the Governor and member of the Prison Commission shall have power to grant reprieves and pardons, to commute penalties, .remove disabilities imposed by law, and to remit any part ofa sentence for offenses against the State, after conviction."
And the said Article (5), Section (1), Paragraph (12) of the Constitution of Georgia he further amended by striking therefrom the following language:
"He may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof," and insert_jng in lieu thereof the following language:
"The Board of Pardons may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof," and the said Article, Section, and Paragraph of the Constitution is hereby further amended by striking therefrom the following language:
"He shall, at each session of the General Assembly communicate to that body each case of reprieve, pardon, or commutation granted, stating the name of the convict, the offenses for which he was convicted, the date of the reprieve, pardon or commutation, and the reasons for granting same," and shstituting in place thereof the following language:
"The Board of Pardons, shall, at each session of the General Assembly communicate to that body each case of

1024

JOURNAL OF THE SENATE,

reprieve, pardon, or commutation granted, stating the name of the convict, the offense to which he was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reasons for granting the same," and the said Article (5), Section (1), Paragraph (12) be, and the same is hereby amended by adding at the end of said paragraph the following language:

"The Board of Pardons may act on any reprieve, pardon, or commutation or remove disabilities imposed by law or remit any part of the sentence for offenses against the State or a majority of the members of said hoard may control the action of the board on any of the cases enumerated herein," so that Article (5), Section (1), Paragraph (12) of the Constitution of Georgia as amended will read as follows:
"A Board of Pardons consisting of the Governor and members of the Pri'son Commission shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Provided, however, no pardon or reprieves or commutation may be granted unless two members of Prison Commission recommend the pardon, reprieves, commutation or parole or removal of disabilities. Upon conviction for treason, the Board of Pardons may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve." The Board of Pardons shall, at each session of the General Assembly, communicate to that body each case of reprieve, pardon, or commutation granted, stating the name of the convict, the offense of which he was convicted, the sentence and its ~ate, date of the reprieve, pardon or commutation, and the reasons for granting the same. The Governor shaltakel

WEDNESDAY, FEBRUARY 17, 1937.

1025

care that the laws are faithfully executed and shall be a conser~ator of the peace throughout the State.
The Board of Pardons may act on any reprieve, pardon, or commutation or remove disabilities imposed by law or remit any part of the sentence for offenses against the State or a majority of the members of said board may control the action of the board on any of the cases enumerated herein."

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 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 on their ballots, "For ratification of the amendment to Article (5), Section (1), Paragraph (12), of the Constitution of Georgia, providing for a Board of Pardons consisting of the Governor and members of the Prison Commission who shall exercise the rights of pardon, reprieve and commutation." The voters voting against ratification of the amendment shall have written or printed on their ballots, "Against ratification of the amendment to Article (5), Section (1), Paragraph (12), of the Constitution of Georgia, providing for the creation of a Board of Pardons consisting of the Governor and members of the Prison Commission who shall exercise the rights of pardon, reprieve and commutation." If a majority of the qualified voters voting at such election shall vote in favor of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment shall become a part of the Constitution of the State of Georgia.

By Senators Chason of the 8th District and Purdom of the 46th District-
Senate Bill No. 71. A bill amending Section 88-105 of the 1933 Code, as to salary of the Director of the Depart-

1026

JouRNAL oF THE SENATE,

ment of Public Health and expiration of the term of the incumbent, and for other purposes.

Senator Chason of the 8th District asked unanimous consent that Senate Bill No. 71 be withdrawn from further consideration of the Senate.
There was objection.

Senator Shedd of the 3rd District moved that Senate Bill No. 71 be recommitted to the Committee on Hygiene and Sanitation.

Senator Flynt of the 26th District moved that Senate Bill No. 71 be tabled.
The motion by Senator Flynt of the 26th District prevailed and Senate Bill No. 71 was tabled.

The following resolution of the Senate was read and adopted:

By Senator Atkinson of the 1st District-
Senate Resolution No. 55. A resolution providing for a joint session of the General Assembly to meet in the Hall of the House of Representatives on Thursday, February 18th, for the purpose of hearing a message from His Excellency, the Governor; also, providing that a Committee of five, two from the Senate and three from the House, be appointed as a Committee of escort for the Governor.
The President appointed as a Committee on the part of the Senate the following:
Senators Horne of the lOth District and
Clements of the 9th District.
The following bills of the Senate were read the third time and put upon their passage:

WEDNESDAY, FEBRUARY 17, 1937.

1027

, By Senator Lindsay of the 34th District-
Senate Bill No. 97. A bill proposing _an amendment to the Constitution, Article 11, Section 1, establishing and administering the County of DeKalb Districts for fire prevention, sanitation, and for other purposes.
Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 97:
By adding after the word "assessments" at the end of the 11th line of Section 1 the words "not exceeding 5 mills."
Also, to strike the word "holders" in the first line of the ' caption and insert the word "voters."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burrell Chason Clements Ennis Flynt Greer Griner Hampton Hardman

Harrell Harrison Holmes Home :Johnson :Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Neely

Peebles Phillips Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 43, the nays 0.

1028

JOURNAL OF THE SENATE,

The bill having received the requisite twa-thirds constitutional majority was passed, as amended.
Not voting were: Senators Burgin of the 24th District, Forrester of the 44th District, Fowler of the 39th District, Jackson of the 14th District, Patten of the 6th District, Peterson of the 15th District, and Sammon of the 51st District.
The bill, as passed by the Senate, read as follows:
A BILL
An Act to propose to the q~alified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State by adding at the end of said Section a new paragraph as follows:
"The governing authorities of the County of DeKalb shall have authority to establish and administer within the bounds of the County of DeKalb districts for fire prevention, sanitation, sewerage and/or water, and to establish and administer in such districts systems of fire prevention, sanitation, sewerage and/or water, and to levy taxes and/or special assessments therefor on property in said districts," and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 11, Section 1, of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph as follows:
"The governing authorities of the County of DeKalb shall have authority to establish and administer within the bounds of the County of DeKalb districts for fire prevention, sanitation, and/or water, and to establish and administer in such districts systems of fire prevention, sanitation, and/or water, and to levy taxes and/or special assessments not exceeding 5 mills therefor on property in said districts," and for other purposes.

WEDNESDAY, FEBRUARY 17, 1937.

1029

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by tWOthirds vote of the members elected to each House, it shall be. entered upon the Journal 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 prior 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 general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article 11, Section 1, of the Constitution .of Georgia authorizing DeKalb County to establish and administer districts for fire prevention, sanitation, sewerage and/or water and to establish and administer systems of fire prevention, sanitation, sewerage and/or water in said districts" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, authorizing DeKalb County to establish and administer districts for fire prevention, sanitation, sewerage and/or water and to establish and administer systems of fire prevention, sanitation, sewerage and/or water in said districts," and if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for their ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 11, Section 1, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
By Senator Purdom of the 46th District-
Senate Bill No. 98. A bill to authorize and empower the State Board of Health. to cO-operate with t}:le .Children's Bureau of the United States Department of Labor, arid for other purposes.

1030

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes ~ere 35, the nays 0.
The hill having received the requisite constitutional majority was passed.

The following hill of the Senate which was read the third time ort February 8th and lost, and was reconsidered on February 9th, was taken up for consideration:

By Senator Millican of the 35th District-
Senate Bill No. 75. A hill to authorize the Insurance Commissioner to appoint such investigators for the activities and business of Insurance Companies doing business in the State of Georgia as the Insurance Commissioner may deem necessary and to pay them reasonable compensation, and for other purposes.
An amendment by Senator Harrison of the 17th District was lost.
Senator Pope of the 7th District asked unanimous consent that the Senate stay in session until consideration of Senate Bill No. 75 was completed.
The consent was granted.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 37, the nays 0.
The hill having received the requisite constitutional majority was passed.
The following privileg.e resolutions were read and adopted:

By Senator Horne of the lOth District-
A resolution extending the privileges of the floor to Hon.
and Mrs. E. L. Forrester of Leesburg, Georgia.

WEDNESDAY, FEBRUARY 17, 1937.

1031

By Senator Shedd of the 3rd District-
A resolution extending the privileges of the floor to Hon. David S. Price of Jesup, Georgia.

By Senator Whitehead of the 30th District-
A resolution extending the privileges of the floor to Hon. Jim Boykin, a former member of the Senate.

By Senators Terrell of the 19th District and Pope of the 7th District-
A resolution extending the privileges of the floor to Hon. H. H. Wind, of Cairo, Georgia.

By Senators Patten of the 6th District, Sutton of the 47th District, and Atkinson of the 1st District-
A resolution extending the privileges of the floor to Hon. Jas. D. Ashley, Mayor of Valdosta, Georgia.

By Senators Johnson of the 42nd District, Harrison of the 17th District, Williams of the 5th District, and McCutchen of the 43rd District-
A resolution extending the privileges of the floor to Hon. J. M. Carroll, Ordinary of Dade County; and Hon. Roy Climer, a distinguished lawyer of North Georgia.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon. W. Ben Gibbs of Jesup, Georgia.

By Senators Atkinson of the 1st District and Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon. Columbus Alexander of Savannah, Georgia.

1032

jOURNAL OF THE SENATE,

By Senators Terrell of the 19th District and Pope of the 7th District-
A resolution expressing the joy of the Senate upon the return to the deliberations of this body of its distinguished member, Senator Fowler of the 39th District.

The hour of adjournment having arrived, Senator Atkin-
son of the 1st District, who was presiding, announced the Senate stood adjourned until tomorrow at 10:00 o~clock, A.M.

THURSDAY, FEBRUARY 18, 1937.

1033

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, FEBlWARY 18, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
The following resolution of the Senate was read and adopted by a unanimous_vote:
the By Senators Spivey of the 16th District, Terrell of 19th District, Atkinson of the 1st District, Johnson of the 42nd District, Burrell of the 40th District, Sutton of the 47th District, Williams of the 5th District, Chason of the 8th District, Greer of the 13th District, Brock of the 37th District, Flynt of the 26th District, and others-
Senate Resolution No. 56.
A RESOLUTION.
Whereas, the deplorable information has come to the Georgia Senate of the death at 8:30 o'clock this morning of that grand Georgian, Christian gentleman and highly beloved friend of mankind, the Hon. Lamartine G. Hardman, former Governor of this State, a former member of the General Assembly, and a brother of our distinguished colleague, Senator John B. Hardman:

1034

JoURNAL OF THE SENATE,

Be it resolved, that it is the sentiment of the Senate, the State of Georgia has lost one of its most useful and valuable citizens, the medical profession one of its deservedly outstanding members.

Be it further resolved, that the heartfelt sympathy of the Senate is expressed to the members of the family of Dr. Hardman and the Senate remain silent for a period of five minutes in respect to the memory of our departed friend.

The Senate remained silent for five minutes in respect to the memory of Dr. ;Hardman.

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and. resolutions.
5. Special orders.

THURSDAY, FEBRUARY 18, 1937.

1035

6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent. was granted.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

By Messrs. Kendrick of Fulton and -Lanier of Richmond-
House Bill No. 169. A bill to be entitled an Act to amend the Code of Georgia of 1933, and to create the office of Commissioner of Labor, and for other purposes.

By Mr. Gary of Quitman-
House Bill No. 441. A bill to be entitled an Ac.t to repeal an Act entitled" An Act to create a Board of Commissioners of Roads and Revenues of Quitman County," and for other purposes.
The House has adopted the following resolution of the Senate:

By Senator Atkinson of the 1st District-
Senate Resolution No. 55. A resolution providing for a joint session of the House and Senate on Thursday, February 18, at 11:00 o'clock, A. M., for the purpose of hearing a message from the Governor; and providing for a Committee of Escort.
The Speaker has appointed as a Committee of Escort on the part of the House, to escort the Governor to the Hall

1036

JOURNAL OF THE SENATE,

of the House of Representatives, the following members of the. House:
Messrs. Clary of Columbia, Sams of DeKalb, and Moore of Baldwin.

The House has agreed to the Senate amendments to the following bills of the House, ta-wit:

By Mr. Gross of Stephens-
House Bill No. 48. A bill to be entitled an Act to create and establish the City Court of Stephens County, and for other purposes.

By Messrs. Dampier and Larsen of Laurens-
House Bill No. 87. A bill to be entitled an Act to amend an Act incorporating the City of Dublin, and for other purposes.

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

By Senator Atkinson of the 1st District-
Senate Bill No. 139. A bill to prohibit the filing in the Courts of the Ordinary a return of receipts by Trustees, Executors false or fraudulent in their nature, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senators Jones of the 38th District and Fowler of the 39th District-
Senate Bill No. 140. A bill to abolish the fee system now existing in the Superior Court of the Tallapoosa circuit, and for other purposes.
Referred to Committee on Special Judiciary.

THURSDAY, FEBRUARY 18, 1937.

1037

By Senators Harrell of the 12th District and Burgin of the 24th District-

Senate Bill No. 141. A bill to amend Section 23-1403 of the 1933 Code designating the powers of County Police, and for other purposes.
Referred to Committee on General Judiciary No. 2.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the . following report:

Mr. President: Your Committee on General Judiciary No. 1, has had
under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 135 do pass. Senate Bill No. 47 do pass, by substitute.
Respectfully submitted, LtNDSAY, Chairman.
The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senators Flynt of the 26th District, Pope of the 7th District, and many others- .

Senate Bill No. 47. A bill t_o create the positions of

Chief Justices Emeritus of the State Supreme Court, and

for other purposes.



1038

JOURNAL OF THE SENATE,

By Senator Lindsay of the 34th' District-
Senate Bill No. 135. A bill to amend Section 55-201 of the 1933 Code by providing that Superior Court Judges shall not grant an ex parte interlocutory injunction to restrain duly constituted electricians on condemning faulty electrical wiring, and for other purposes.

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

By Messrs. Kendrick of Fulton and Lanier of Richmond- .
House Bill No. 169. A bill to amend Title 54-Chapter 54-1, of the 1933 Code so as to create the office of Commissioner of Labor, and for other purposes.
Referred to Committee on Industrial Relations.
By Mr. Gary of Quitman-
House Bill No. 441. A bill .to repeal an Act creating a Board of Commissioners of Roads and Revenues of Quitman County, and for other purposes.
Referred to Committee on Counties and County Matters.
Senator El).nis of the 20th District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have 100 copies of Senate Bill No. 104, known as the Civil Service Act, printed for the use of the members of the Senate.
The consent was granted.
The President announced the appointment, as a committee of escort under the provisions of Senate Resolution No. 51, passed on yesterday, of the following: Senator Purdom of the 46th District and Senator Moye of the 11th District.

THURSDAY, FEBRUARY 18, 1937.

1039

The following bill of the House, having been established as a special order of business for today, was taken up for consideration:

By Messrs. Lanier, Harris, and Barrett of RichmondHouse Bill No. 34.

A BILL.
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph One (1), Section Two (2) of Article Seven (7) of the Constitution of the State of Georgia, so as to authorize the General Assembly to classify property for taxation and to adopt different rates and methods for taxing different classes of property, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph One (1) of Section Two (2) of Article Seven (7) of the Constitution of the State of Georgia be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof as Paragraph One (1), Section Two (2) of Article Seven (7) of said Constitution, the following, to-wit:
All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property, and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property.
Section 2. Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a '

1040

JOURNAL OF THE SENATE,

twO-thirds vote of the members elected to each House, it

shall be entered upon the Journal of each House with the

"yeas" and "nays" thereon, and shall be published in

one or more newspapers in each Congressional District in

the State for two months previous to the time for holding

the next general election, and, at the next general election,

shall be submitted to the people for ratification. All

persons voting at said election in favor of adoption of said

proposed amendment to the Constitution shall have written

or printed on their ballots the words: "For ratification

of amendment of Paragraph One (1), Section Two (2),

Article Seven (7) of the Constitution, authorizing classifi-

cation of property for taxation and the adoption of different

rates and methods for diff~rent classes of property," and

all persons opposed to the adoption of said amendment

shall have written or printed on their ballots the words;

"Against ratification of amendment to Paragraph One

(1), Section Two (2), Article Seven (7) of the Constitution,

authorizing the classification of property for taxation and

the adoption of different rates and methods for different

classes of property," and if the majority of the electors

qualified to vote for members of the General Assembly

voting thereon shall vote for ratification thereof, when

the returns shall be consolidated as now required by law

in elections for members of the General Assembly, and

return thereof made to the Governor, then he shall declare

.said amendment adopted and make proclamation of the

result by publication of the results of said election by one

insertion in one of the daily papers of this State, declaring

, the amendment ratified.

-

section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The committee offered an amendment.

.

.

The following message was received from the House

through Mr. Kingery, the Clerk thereof:

THURSDAY, FEBRUARY 18, 1937.

1041

Mr. President:
The_ House .has passed as amended by the requisite constitutional majority the following bill of the Senate, ta-wit:

By Senators Patten of the 6th District, Purdom of the 46th District, Atkinson of the 1st District, Pope of the 7th District, Ennis of the 20th District, and Spivey of the 16th District-
Senate Bill No. 61. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government by abolishing the Board of Control of Eleemosynary Institutions; to abolish the Board of Public Welfare; and transferring the functions and activities of the two said Boards to the Department herein created.
The House has passed by the requisite constitutional majority the following bills of the House, ta-wit:

By Messrs. Houze and Coleman of Lowndes-
House Bill No. 347. A bill to be entitled an Act to amend the charter of the City of Valdosta, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 354. A bill to be entitled an Act to amend the charter of the.City of Brunswick by providing its City Commission shall not have power to require any street or road duty, and for other purposes.

By Mr. Jackson of Habersham-
House Bill No. 355. A bill to be entitled" an Act to amend an Act entitled "An Act to repeal the charter of the City of Demorest, and define the limits thereof; to create a city council and a city board of education;" and for other purposes.

1042

JOURNAL OF THE SENATE,

By Mr. Jackson of Habersham-
House Bill No. 356. A bill to be entitled an Act to amend an Act approved October 22, 1887, incorporating the City of Cornelia, conferring upon the city authority to distribute surplus water to customers located without its corporate limits, and for other purposes.

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

Mr. President:
The House has disagreed to the Senate Substitute as amended to the following bill of the House, to-wit:

By Mr. Davis of Floyd-
House Bill No. 141. A bill to be entitled an Act to prOvide for the listing and adoption of text-books for use in the public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto, and for other purposes.
The House respectfully requests that a committee of conference be appointed on the part of the Senate to confer with a like committee on the part of the House on House BHl No. 141.
The Speaker has appointed, as a committee of conference on the part of the House, the following .members of the House:
Messrs. Key of Jasper,
Whipple. of Bleckley, and
Harrell of Brooks.
The H~use has disagreed to the Senate amendments to the following bills of the House, ta-wit:

THURSDAY, FEBRUARY 18, 1937.

1043

By Mr. Grayson of Chatham and Mrs. Coxon of Long-
House Bill No.2. A resolution proposing an amendment to the Constitution of the State of Georgia so as to provide for payment of old age assistance, assistance to the needy blind, to dependent children, and other welfare benefits to be administered by the State Department of Public Welfare, and for other purposes.

By Mr. Grayson of Chatham and Mrs. Coxon of Long-
House Bill No. 231. A bill to be entitled an Act to promote the public welfare by providing aid to the needy blind, to define the duties of the State Department of Public Welfare in administering this Act, and for other purposes.

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 218. A bill to be entitled an Act to promote the public welfare by providing aid to dependent children, and defining the duties and function of the State De~ partment of Public Welfare in administering this Act, and for other purposes.

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 219. A bill to be entitled an Act to promote the public welfare by providing for assistance to the needy aged, to define the duties of the State Department of Public Welfare in administering this Act, and for other purposes.
The House respectfully requests the appointment of a committee of conference on the part of the Senate to con. fer with a like committee on the part of the House on House Bills Nos. 2, 218, 219, and 231.
The Speaker has appointed as a committee of confer-

1044

JouRNAL OF THE SENATE,

ence on the part of the House, the following members of the House, to-wit:
Messrs. Sutton of Wilkes,
Key of Jasper, and
Mrs. Coxon of Long.
The hour of 11 :00 o'clock, the time for the convening of the joint session, having arrived the President of the Senate accompanied by the Secretary and members of the Senate repaired to the Hall of the House of Representatives and the joint session was called to order by Han. John B. Spivey.

Han. John W. Hammond, Secretary of the Senate, read Senate Resolution No. 55 which provided for the joint session.

His Excellency, the Governor, the distinguished committee of escort from the Senate and House of Representatives, and the members of the Governor's party entered the Hall of the House of Representatives and occupied the seats arranged for them, the Governor being seated on the Speaker's dias.

Governor Rivers was presented to the General Assembly by Hon. John B. Spivey.

The Governor's address to the General Assembly was as follows, to-wit:

MR. PRESIDENT, MR. SPEAKER, LADIES AND GENTLEMEN oF THE AssEMBLY:

It has been my purpose in my messages to the Assembly to present recommendations in logical order, so that the comprehensive program of progress for our people, as carried in the Democratic Platform of the State, could

THURSDAY, FEBRUARY 18, 1937.

1045

be considered step by step as the progress of your legisla-; tive calendar permitted.

The recommendations made in my two previous messages have progressed to such an extent that I am able in this fourth week of your session to bring to you this further part of the program. In each of my previous appearances before you I took occasion to commend you for the patriotic and unprecedented harmony and dispatch with which you were writing into law the mandate of the people of the State. Your work since I last stood before you has justified every faith the people of Georgia had in you, and I wish to again join in the plaudits the people are giving you for this splendid service to Georgia. Your work is the subject of universal and enthusiastically favorable comment at home and abroad. The fame of this General Assembly has become a household subject in every section of this State. From the bottom of my he!rt and with all the sincerity of my soul I congratulate you, but more than that I congratulate the people of Georgia upon the splendid service you are rendering.

As you enter mid session there are hazards and handicaps we all must recognize and guard against. Each of you and I are working long hours under tremendous strain and pressure, with nerves at times frayed. Evidences of the subtle work of the reactionary forces of the State, the camouflaged lobbying of selfish groups, are beginning to come to surface. As we enter this stretch of the session we must be aware of these influences, keep our heads cool, our feet on the ground, and continue calmly and courageously forward to the goal Georgia has come to expect us to attain. That you will do this I have no doubt; that I will do it shall be my constant prayer.

Quite naturally in the course of a legislative session the law of averages will cause minor disruptive influences to appear. These things must be accepted for what they are and not magnified to the extent of detracting our eyes from

1046

JOURNAL OF THE SENATE,

our ultimate achievement. I say these things that you may all be on guard, for eternal vigilance is as essential to a successful session as it is the price of liberty.

The parts of the program you have enacted into law, or have proceeded with enactment to the extent that it appears certain to immediately be accomplished, have laid the foundation for shifting the burden of taxation from the local subdivisions, where it is pressing so heavily as to be almost to the point of confiscation of visible property, to the State where it can be more equitably and effectively distributed.
By your school legislation you have relieved the necessity of exhorbitant school tax levies in municipalities, counties and school districts. By your rural route legislation, with the companion financing measure, you are relieving the necessity of levying exhorbitant road taxes by the counties. By your social security legislation you are relieving the necessity of levying exhorbitant pauper and welfare taxes. You have, and are, making possible the reduction of local taxes on our people to a marked degree, while at the same time you are making possible the extension of these services to all our people wherever located in the State.

The next question that arises is two-fold:
Will the local people have advantage of this possible tax reduction and, if so, who will get benefit of the reduction?
We come now to that part of the program which enables you and the people to guarantee that there will be a reduction of local taxes as a result of this shifting of the burden to the State government and the class of people who will have the advantage of that reduction.
We come to the section of the Democratic Platform which reads as follows:

THURSDAY, FEBRUARY 18, 1937.

1047

"Appropriate exemption of personal effects and small homes occupied by owners."

By the exemption of personal effects, which I recommend that you designate to be household and kitchen furniture, and small homes occupied by owners, you guarantee that these tax levies we are making pqssible to relieve will actually go into effect and the local people actually be relieved by them.

You furthermore make possible for the people to designate beyond any possibility of manipulation the citizens of our State who will have the benefit of this relief. Without these exemptions there can be no guarantee that there will actually be relief given that we are making possible, or that the people who should be relieved will get the benefits of the relief.

The fallacy of giving general relief through tax limitations on property generally is so obvious as to need no argument. To give general relief locally would be to relieve large corporate and out-of-state property-holders the advantage of the relief locally and, at the same time, when this burden is shifted to the State they would not have any part or parcel in the State burden. Whatever new or additional State taxes are levied will have to be paid by the people who live in Georgia. Therefore, certainly the people who live and make their homes in Georgia should have the benefit of the local tax relief we propose. The only way to guarantee this is through home and household and kitchen furniture exemptions.

With your minimum, state-supported, seven-months school term bill you are making possible the relief of $5,000,000 of local school taxes. By your rural route program, should you provide $3,000,000 as recommended, you will make possible, not reckoning the additional fed~ral funds,

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JouRNAL oF THE SENATE,

a local road tax relief of $3,000,000. By these two items alone, without consideration of the social security program, which it is impossible to accurately estimate in its local relief aspects in advance, you are making possible the relief of the local taxpayer of a total of $8,000,000 annually. We must guarantee that this $8,000,000 of possible reduction in local levies will be passed on to the people, and that it will be passed on to the people who need and deserve it.

I am filing with the Clerk of the House and the Secretary of the Senate a copy of a survey recently sponsored by the University of Georgia and the Association of County Commissioners, showing the percentages and total money amounts the people of Georgia will save in taxes through home exemptions, ranging from $2,500 to $5,000, and household and kitchen furniture exemptions, ranging from $25.00 to $300.00.

This survey shows that a $5,000 exemption on owneroccupied farms and owner-occupied non-farm homes, as based on the 1936 tax digest, will together relieve the local taxpayers 24.3% of the county tax levy, or a total of $3,360,755.60 of county taxes in Georgia. A $5,000 home exemption will relieve the local taxpayers of $619,003 of county-wide school taxes and the same amount of exemption will relieve the local taxpayers of $495,202.40 of local school district taxes. Thus the total saving to the local taxpayers in county and school taxes through a $5,000 home exemption is estimated to be $4,475,001.

It is to be borne in mind that the $5,000 exemption referred to would mean a $5,000 exemption on the basis of the tax return value and not on actual value. Since property is returned on an average of from 40% to 60% of actual value, it will be seen that should there be a $5,000 exemption of actual value, it would amount to only a $2,500 exemption of return value. So that, should the exemption be so worded as to mean $5,000 actual value, it would auto-

THURSDAY, FEBRUARY 18, 1937.

1049

matically decrease the amount of saving to the taxpayers to about $3,000,000. In other words, should you see proper to fix the exemption at $5,000 on the returned value of homes, the local taxpayers will save approximately $4,475,000. Whereas, if you should fix the exemption at $5,000 on the actual value, the taxpayers will save only approximately $3,000,000. This wording of the exemption on the basis of tax value or actual value is, therefore, very importan.t as affecting the saving to the taxpayer.

You will note from the survey that while the exemption of $300.00 of value of household ana kitchen furniture will relieve 99.3% of the returned value of household and kitchen furniture, that this amounts to only 2.8% of the total digest. Again, it must be pointed out that the exemption of $300.00 tax value would mean only the exemption of approximately $150.00 in actual value. So that again in the fixing of the amount of the exemption on household and kitchen furniture the amount of exemption will be affected considerably by the wording of either actual value or tax value. It will also be seen that the exemption of all household and kitchen furniture would aggregate only a very small saving to the taxpayer.
From this shrvey it is, therefore, conclusive that even with a $5,000 home exemption based on tax valuation and a $300.00 household and kitchen furniture exemption based on tax valuation, will total only about two-thirds of the saving made possible to local taxpayers through the sevenmonths' school term bill and the rural route road program. In other words, after exempting homes up to $5,000 tax value and even $300.00 tax value of household and kitchen furniture, we will not take out of the county and school digests but about twa-thirds of the amount we are making it possible for them to reduce the tax through our program of schools and rural routes. The difference, the other onethil;d, could be used in a general reduction of taxes on other property than homes.

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jOURNAL OF THE SENATE,

You will note from the survey that should the $5,000 home exemption apply to municipalities it would mean a saving to the taxpayers of only $1,875,188.40, or a loss of that amount to the municipalities. Adding this saving to the figures I have heretofore quoted, you wiH see that should we give a $5,000 home exemption and $300.00 household and kitchen furniture exemptions on all taxes, including cQunty, school and municipalities, we would still not relieve the local taxes the total we are making possible to reduce the local taxes through the school and rural route program. It is, therefore, interesting to those of us who have advocated this program for years that an actual survey discloses the fact that with the maximum home exemption we have advocated and the household and kitchen furniture exemptions, based on tax value rather than actual value, will not take out of the digest as much as we are giving relief through shifting the support of the schools to the state for seven months and the rural route program.

I am not urging upon the Assembly what amount of home exemption you provide, nor what amount of household and kitchen furniture exemption you provide. That is a matter entirely in your discretion. However, let me again point o.ut that unless you provide approximately the same amount of exemption that you are making possible to take off of the local tax that the people have no guarantee that the reduction will actually in fact be made or that the people who should have the benefit of the reduction will be the ones to actually receive it.
You will also note from the survey that should you grant a $5,000 home exemption, based even on tax value, that there would only be a saving to the taxpayers of $840,198.90 of state taxes, so that adding the saving of the state tax through the exemption to the saving in county school and municipal tax, we would still lack nearly a million dollars of guaranteeing the relief made possible to the local taxpayers through the rural route and school program.

THURSDAY, FEBRUARY 18, 1937.

1051

In this connection it should, of course, be mentioned that in the event home and household and kitchen furniture exemptions are passed that we would naturally expect to restore the five mill state levy. This restoration would give $2,000,000 additional state revenue, and subtracting therefrom the $840,000 loss through a $5,000 home exemption, the state revenue would be increased more than a million dollars, after allowing tor home exemptions, over what it is at the present time at the three mill rate. The trouble with the reduction of the millage from five mills to three mills for state purposes is that the bulk of the relief goes to those who are able to pay the tax and not the home owner. With home exemptions there could be no reason for not placing the state rate back to five mills.

While I feel that the home and household and kitchen furniture should be exempted from county, school, municipal and state levies-in other words, all taxes-and while I know that the total of such exemptions from all taxes will not be as much as the saving made possible through our school and rural route program, still I realize that our large municipalities, and some of the smaller ones, are finding it increasingly hard to balance their budgets. I know that home exemptions in other states apply to municipalities and there has been no disruption in the finances of those municipalities as a result of those exemptions. I am confident that exemption, applying to municipalities would not ultimately seriously affect municipal finances in the State. Yet, all in all, should the Assembly see proper to omit the municipal tax from the exemption for the present it might be justified in doing so, although ultimately it must be conceded that the home arid household and kitchen furniture should be exempted from municipal tax, too. There is one basis of logic for not applying the exemption to municipal taxes and that is with modern means of communication and transportati~n it is not mandatory that a person live in a municipality. The home owner can exempt himself from the municipality tax by the moving outside of the corporate

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JOURNAL OF THE SENATE,

limits of the municipality. It might be !laid with some soundness that since he has this option of either living or not living within the municipality that exemption is not absolutely essential. It is argued with some force that should he choose to live inside the municipality, knowing he would have to pay his municipal tax for the additional governmental services, he would receive by virtue of living within the municipality, he of right should be subject to the municipal tax. This argument has the fallacy, however, that many already own homes inside the municipalities who cannot very well arrange a sale and removal outside the municipality. But, all in all, should the Assembly see proper at the moment to not apply the exemption to municipal taxes, but to await the workings of the exemption otherwise, with a view to later applying the municipal exemption, there could be no serious objection. Of course, although it is true that a person has some choice about whether or not he lives inside or outside a municipality, he does have to live in a county, a school district and a state. Therefore, there certainly can be no reason for not applying the exemption to all taxes other than the possible exception of the municipal tax.

While I have used the figure of $5,000 for the exemption, and I trust that you will see proper to make it this amount, based on the survey submitted, nevertheless, whatever the General Assembly in its wisdom sees fit to make the exemption amount and whatever you see proper to word the exemption-whether it be tax value or actual value-is a matter entirely with you. Any exemption is better than no exemption at all.

Let me point in this connection to the fact that Florida on the South of us, has a $5,000 exemption. Lying immediately contiguous to us and attracting through our State to her borders multitudes of visitors, who are prospective home owners, makes it advantageous for us to place our home exemption at the same attractive amount as Florida, if possible. It must also be borne in mind that the trend will

THURSDAY, FEBRUARY 18, 1937.

1053

be to fill our State with the type of homes the amount of the exemption will determine. The home owner will have a strong tendency to limit the value and improvements on his home to the amount of the exemption. If the exemption is only $2,500, for instance, we will probably fill our State with $2,500 homes. While, if the exemption is $5,000, we will fill our State with $5,000 homes. Those who do not now have homes of that value will be constantly striving to improve them up to that amount, so that they may have the advantage of the full amount of the exemption.

This improvement and building of homes to the $5,000 exemption mark will have a marked effect upon employment and materials in building lines. The increased activity will be reasonably well sustained all along until we reach the saturation point of homes up to $5,000, which we all admit is many, many years in the future.

Thus far I have undertaken to point out the cold dollars and cents effect of home exemptions and how home exemption is essential in our program to guarantee the saving we are making possible to the local taxpayers, and that it will actually be given to him and that it will be given to the people who need and deserve it most.
The desirability for home exemption, other than the strict fiscal effect involved, must not be overlooked. The home is the citadel of our civilization. It is the unit of both society and government. The trend of all Christian statesmanship i~ towards the reestablishment of the home. A survey of Georgia made in 1935, at our last session of the Assembly, showed that approximately 85 percent of the lands in Georgia suitable for home-Ownership are in the hands of commercial and, to a great extent, out-Of-State ownership.

The federal government has recognized the necessity of reestablishing the home to such an extent that they set up the Home Owners Loan Corporation, whereby people who

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JouRNAL oF THE SENATE,

did chance to own their homes, but were in danger of losing them, through mortgage foreclosures, might have money at a low rate of interest, over a long period of years, to retain their homes. The federal government likewise provides through the Federal Land Bank and the Land Bank CommiSsioner means whereby the farmer can own or retain his farm home. Through the Federal Housing administration, they are providing means whereby people may acquire a small tract of land and build them a home or, having one, may improve that home. It is interesting that Congress immediately, and practically unanimously, recently extended the activities of the Federal Government in this behalf. The social security program of the federal government is designed to make possible an income to our unfortunates and our people in need, to enable them to retain their home life.

Various of the states have already granted exemptions in varying amounts and most of those who have not already done so are, as are we, undertaking to grant an exemption.
Christian leaders everywh~re are urging this reestablishment of the home. The Wesleyan Christian Advocate, just prior to our last session of the General Assembly, carried columns urging the General Assembly to exempt homes up to $5,000. Dr. George W. Truitt, Pre3ident of the World's Baptist Alliance, during a recent address, had for his theme the reestablishment of the American home. Everywhere it is conceded that we must not only make home-owning possible, but attractive to our people.

At the present time in Georgia you can ask the average citizen why he does not own a home, and he will tell you he can rentcheaper than he can own it; that taxes on it are so high that there is no inducement to own a home. We want to make it so in Georgia that, when a young man marries and prepares to settle down and rear his family, he will want to procure him a piece of land and build him a home, with the knowledge that, although he may speculate and lose his

THURSDAY, FEBRUARY 18, 1937.

1055

home, or he may mortgage it and lose it, yet neither the great State of Georgia nor any of its subdivisions will ever let the sheriff come and put him out of it for taxes. When a home is sold by the Government for taxes, the Government is destroying the very basis and unit by and through which it exists.

We are alarmed on every hand by the rapid growth of communism in this country. Give us a State of owneroccupied homes and we will have a State where no form of communism or radicalism can exist. A few years ago you could go out into the rural districts of Georgia and you would find the church painted, the window lights in, the grounds well kept, and on Sunday you would find the pastor in his pulpit, his congregation in their pews, and, if you went home with that congregation at noontime, you would find them living in their own homes, in which their fathers and grandfathers before them had lived, and making plans to acquire a few acres adjacent on which to build a home for their sons and sons-in-law. But in too many instances in Georgia today, you can go out in these rural communities and you will find the church unpainted, the window lights out, the grounds unkept, Sunday services at intervals, the preacher poorly paid, with very few people in the pews and, if you go home with those who are there, in many instances you will find they are having to live in a rented house, on a rented piece of land, with no hope of home-ownership for themselves or their children. Absentee land lords and commercial agencies have turned our people into tenants, which ends in poverty and pauperism. We find that one of the greatest causes is that we have a burdensome ad valorem taxation that the people of this State have been trying to throw off for years. It is obsolete, antiquated and unjust.

A home owner takes a pride in his community, in the development and expansion of its resources and enterprises, in the support of its schools, and in the support of its churches.

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JouRNAL oF THE SENATE,

He has an interest in making his community a better place in which to live and, having a fixed asset in the community through the ownership of the home, he encourages his children themselves to become home owners.

We want to make it so in Georgia that when a young couple rear their family, they will know that there will be a home to which the children can return to worship at the shrine of their mother's knee, even until her death, without fear of it being sold by the tax gatherer.

There are thousands of people in Georgia who in this generation will never be able to own a home. The only thing that represents home to them and their children is the family bedstead, the cook stove, pots and pans, bureaus and dressers, which they move from tenant house to tenant house.. When we grant exemption to the home owner, we should also grant an exemption for household and kitchen furniture, to this poorer class of our people, who at this time are not able to own a home; so that, with home exemptions, there should be, and must be, household and kitchen furniture exemptions. In exempting homes and household and kitchen furniture, we are setting no new precedent on the question of exemptions. We already in Georgia exempt property owned by churches, schools, civic, fraternal and secret organizations from taxation. We exempt this property from taxes for two reasons: They are non-profit making and they are rendering a service to society. On the same basis, the home and household and kitchen furniture should be exempt. Certainly the home is non-profit making and certainly it serves society. Indeed, without the home, there would be no need for either the church, the school, the civic, the fraternal or the secret order. Therefore, it is right and proper that the home and household and kitchen furniture be taken out of the profit-making, non-society serving class, that is taxed, and put into the non-profit making, societyserving class, where it belongs, and where it is according to precedent already established, already exempt from taxation.

THURSDAY, FEBRUARY 18, 1937.

1057

In 1935 the House of Representa~tives passed a $5,000 home exemption proposal and a $500 household and kitchen furniture proposal. The last administration blocked the submitting of this measure to the people. On March 22, 1935, while I was Speaker of the House of Representatives, in a speech on the floor of this House, I told the mem hers of the House of 1935 that, although the selfish interests of this State had crucified home exemptions, it was not dead; tha,t we would make it an issue before the people in the next campaign; and that the spirit of home and household and kitchen furniture exemptions would rise up in every nook and corner of Georgia to put hope in the hearts and brighten the firesides of our people. They thought by their crucifixion then that it was dead, just as those who crucified the Savior on the Cross and stuck spears in His sides, put the bitter draught to His mouth and proclaimed Him dead, but a short while from that time He arose from His grave and lives the Eternal God in Heaven as a Savior of men's souls. Just so this home exemption has risen from its crucifixion of two years ago and, through the efforts of this administration, will rise and, with its spirit, carry economical salvation to the masses of the people of this State in every hamlet of Georgia.

Of course, the exemption of the home and household and kitchen furniture is a matter of amending our Constitution. Therefore, the people will have the final say as to whether or not they want it. In such circumstances, I am confident that this General Assembly will not deprive them of the right to say whether or not they want their home and household and kitchen furniture exempt. Following the voting of the exemption by the people or during this session, conditioned on that vote, an Act must be provided for the manner and method and appraisal of setting aside such exemptions, so that the exemption cannot be nullified through the expediency of raising local assessments. The details will be worked out satisfactorily by the Assembly without my going into that question in this message.

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JouRNAL oF THE SENATE,

With the enactment of the program outlined in my previous messages and called for in the Democratic Platform and the enactment of the home and household and kitchen furniture proposal, the Assembly will have arrived at that point in the program to give consideration to the question of taxation. It is perfectly proper for the people to know how the tax money is to be spent and what taxes are to be taken off before we place additional taxes on them. Through the educational, social security and various of the other items of the program heretofore outlined in my previous messages, the people know for what purpose we propose to expend the tax money. Through the home and household and kitchen furniture exemptions they know and are guaranteed what taxes they are to be relieved of. The people of Georgia will not, and should not, stand for any taxes simply as additional taxes. These new taxes must be, in as large a measure as possible, substitute taxes and not additional taxes. In other words, when we put on some new taxes we must take off some old taxes. When we distribute the burden State wide, we must relieve the burden locally. So that before we approach the question of taxation, in my opinion, it is absolutely necessary that we enact the program heretOfore outlined, so that the people will know how the money is going to be spent, and that we enact the home and household and kitchen furniture exemption so that they will know from what taxes they are going to be relieved. When this is done, then we shall approach the question of how best to raise the revenue through taxation to care for the services we are to give the people and to grant them the relief we have provided. To that end, I will within the next few days, with your permission, come before you with a special message on taxation.

CONTINGENT MATTERS
Meanwhile, before approaching the subject of taxation to raise the revenue for this program, it is essential that some matters be cleared away by the Assembly.

THURSDAY, FEBRUARY 18, 1937.

1059

Certain parts of the program are to be financed as we pro.. pose by specific and definitely allocated taxes. For instance -it is proposed that the rural route program be financed by a maintenance tax on trucks and buses; that the free school book program be financed by a readjustment of the tax on beer and the placing of a tax on wine. These 'specifically allocated taxes to support a segregated part of the program, I feel, should be acted upon by the Assembly in advance of the general tax program. By doing this we clear away certain parts of the program that have their own particular finance measures allocated to them. I urge you to consider these specific finance measures in clearing the way for our general tax program.

LIQUOR
There are two other matters that should be determined by the Assembly, in my opinion, before we come to the consideration of additional tax measures for the general pro.. gram. One is the question of raising revenue from the regulation of liquor. I am making no recommendations to the Assembly on whether or not you rais~ revenue from liquor. The reason I am making no recommendation is because this question was neither an is~ue in the last campaign nor a plank in the Democratic platform. For me to urge yopr action one way or the other on this question, since I have no legislative prerogative in the mat~er aqd have qo issue upon which to justify such a recommendation, would not only be highly presumptious on my part, ~ut w.ould Qe breaking faith with those people who migqt have voted for or against me had they known in advance my positio_n.
In a~dition to this, the question of raising revenue from . liquor'has been so thoroughly debated-pro and cpn-until nearly every member ot the Assembly has his or her mi~d. m~de up ,definitely one. way or' aqother about it. . Bills have. been introduced in the A~sembly for the raising 'ofre.venue, from liquor. This question is an issue in the Assembly,

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JouRNAL OF THE SENATE,

which all of us recognize must he settled. I am not undertaking to tell you how to settle it, but I am urging you to settle it one way or another, with as much dispatch and with as little friction as possible, in advance of consideration of the general tax program.

The reason for this is obvious. Should you decide to legalize liquor that would affect the amount of revenue necessary to he raised from other sources. Likewise, should you decide not to raise revenue from liquor, that would affect the raising of revenue from other sources. Should you decide to raise revenue on the State store plan or on the monopoly and license plan jointly or on the license plan, the amount of revenue raised would vary in each instance. So that, until you determine, not only the question of whether or not you are going to raise revenue from liquor, hut the plan by which you propose to do it, we cannot intelligently go forward with the general tax program.

Let me urge this upon you, however, not to over estimate the amount of revenue to be raised from liquor in the event you see proper to raise it in that manner. In my opinion, the amount of revenue to he raised from liquor will be disappointing to those who have their estimates as high as figures I have seen published.
Then, too, it must he considered that, although you might see proper to raise revenue from liquor, it is going to he the policy of this administration to use its influence in every way possible to curtail the drinking of liquor in our State, rather than promoting the drinking of it.
This fact I would make known to you in advance; that whatever you see proper to do in this behalf I intend to assume responsibility with you. Whatever revenue raising measure you see proper to pass, if any, will not he vetoed by me, but will be approved because I expect to work wholeheartedly with this General Assembly and assume joint responsibility with it to the people of this State.

THURSDAY, FEBRUARY 18, 1937.

1061

GENERAL TAX ACT
.Another matter that should be determined before the consideration of the additional taxes is the General Tax Act. Until the General Tax Act is passed, and we know how much revenue is to be raised from it, we cannot intelligently determine how much additional revenue we need to raise. Therefore, I recommend that you go forward with the paSsage of your General Tax Act as early as possible.

With the question of these specific taxes to finance specific parts of the program out of the way, with the question of whether or not you expect to raise revenue from liquor out of the way, with the question of how much money you would raise from your General Tax Act out of the way, then we will know how much money we will have to raise from other sources of taxation and can bend our efforts to devise the most equitable and best plan possible to raise the revenue to finance our program. It will be to this question that I will want to most largely address my message on the question of tax3:tiona few days hence.

In that message on taxation I hope to bring you further facts and figures touching upon that question, together with the survey now being made, just as I have brought you facts and figures with reference to the exemption of homes and household and kitchen furniture, which survey I am filing with your Clerk and Secretary, respectively.

There is another matter in the platform that I wish to urge you to immediately enact and that is legislation to prevent a Governor from arbitrarily expelling from office men who have been duly qualified and installed after popular election, without cause and without due notice of the nature of the charges against them and a full hearing on the merits.
CIVIL SERVICE
In my last message I discussed with you a question .of

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JouRNAL OF THE SENATE,

establishing a form of merit system for State employees. The reaction Qf the press of -the State was -so unanimous and of the people so apparently unanimous in. the support of this proposal that various heads of departments of the Capitol have assured me that they were going to mark time of final determination of the personnel of their depart. ments, awaiting your action on this measure. I, therefore, recommend that you determine the question of whether or not you want to establish civil service for State employees as early as you reasonably can, so that the heads of departments may go forward with their personnel on the basis of either civil service, in the event you enact it into law, or on the usual basis, in the event you decide not to enact it.

The respqnse having been so favorable throughout the State to the measure as to cause the department heads to mark 6me and, as I understand it, will probably continue in this status, awaiting your final determination in this matter.

CONCLUSION
In conclusion, let me again thank you for the wonderful work you are doing and to observe that the people of Georgia are united as never before behind you in accompli,shing a great program of progress for our State. May the remainder of the session see the continued fulfillment of their hopes and, to this end, may the blessings of Almighty God attend your labor.
Mr. Sutton of Wilkes moved that the Joint Session of the General Assembly do now dissolve and the motion prevailed.
The members of the Senate returned to the Senate Chamber and the Senate was called to order by the President.
Senator Lindsay of the 34th District, who was speaking at the time of the convening of the Joint Session, resumed the floor and continued to address himself to House Bill No. 34.

THURSDAY, FEBRU~RY 18, 1937.

1063

Senator Patten of the 6th District arose to a point of personal privilege and addressed the Senate.

Senator Harrell of the 12th District moved that further consideration of House Bill No. ~4 be postponed until Thurs-
day, February 25th. The motibn was lost.

Senator Fowler of the 39th District moved the previous question on House Bill No. 34 and all amendments thereto, and the motion was sustained.

Senator Lindsay of the 34th District offered an amendment to House Bill No. 34, which was lost.
The committee amendment to House Bill No. 34 was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, 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:

Almand Atkinson Aultman Brock Burgin Burrell Chason Clements Ennis
Flynt
Forrester Fowler Greer Griner

Hampton
Harrell Harrison Holmes Jackson Johnson Jones Kimbrough Knabb
:McCutchen
:McKenzie lfill1can :Moye Neely

Patten
Peebles Pope Pruett Purdom Shannon Shedd Sikes
Sutton
Terrell Thrasher Walker . Whitehead WUliams

Voting in the negative was Senator:
Lindsay

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JouRNAL oF THE SENATE,

Verification of the roll call was dispensed with.
The ayes were 42, the nays 1.
The bill having received the requisite two-thirds constitutional majority was passed.
Not voting were: Senators Allen of the 31st District, Atwood of the 2nd District, Hardman of the 33rd District, Horne of the lOth District, Peterson of the 15th District, Phillips of the 29th District, and Sammon of the 51st District.

The following resolution of the Senate was read and adopted:

By Senator Atkinson of the 6th District-
Senate Resolution No. 58. A resolution expressing the confidence of the Senate in the distinguished Senator of the 6th District and expressing its appreciation for his great and efficient work as Chairman of the Committee on Education.

Senator Almand of the 50th District asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on Historical Research, read a second time, and recommitted to the Committee on Historical Research:

By Senator Almand of the 50th District-
Senate Resolution No. 53. A resolution to designate the name of a certain road "The William H. Crawford Highway," and for other purpos_es.
The consent was granted and Senate Resolution No. 53 was given a second reading.

The following resolution of the Senate was read and adopted:

THURSDAY, FEBRUARY 18, 1937.

1065

By Senators Sutton of the 47th District, Atkinson of the 1st District, Pope of the 7th District, Terrell of the 19th District, Millican of the 35th District, and Ennis of the 20th District-
Senate Resolution No. 57.

A RESOLUTION
Whereas, it has come to the attention of this body that certain provisions of the United States Revenue Act of 1936 are detrimental to the progress and industrial growth of the South, and particularly to the State of Georgia and injurious to her citizens, and,
Whereas, the said United States Revenue Act of 1936 imposes upon all undistributed profits of corporations a tax which virtually forces the distribution of said profits, and,

Whereas, such distribution often weakens the financial
structure of these corporations and makes it impossible for them to expand plants and replace obsolete machinery, and~

Whereas, small growing businesses, faced with the neces-

sity of plant expansion and debt retirem~nt, must pay a pro-

hibitive cost under this tax Act to maintain and improve

their position, and,



Whereas, there should be some provisions made which will permit corporations in this class to retire indebtedness existing prior to the passage of the Revenue Act of 1936 out of their current earnings without having to pay a tax for the exercising of sound business judgement, and,
Whereas, the officials of se~eral of the corporations affected by this provision of the said Revenue Act of 1936 have given ~urances that their corporations will expand their enterprises in the State, by extensive building programs, if permitted to do so by relief from this prohibitive tax, and,

Whereas, numerous groups representing employers and

1066

JouRNAL oF THE SENATE,

employees have urged that thes.e provisions of the said tax Act be repealed for this benefit of people in the State, and,
Whereas, the Southeast is logically the place for the most rapid industrial expansion in the near future, and these pravisioris of the Revenue Act of 1936 are more harmful to this section of the country than to any other;.
Therefore, be it hereby resolved by the Senate of the General Assembly of the State of Georgia, the House of said General Assembly concurring, as follows:
1. The Senators and Representatives of the Georgia delegation in Congress be requested to support an amendment removing from the United States Revenue Act of 1936 the provision imposing the tax complained of herein.
2. The Georgia delegation in Congress be urged to exempt from this tax provision all funds of corporations used, or to be used, in expansion of industry and all funds used to pay the debts of said corporations incurred prior to January 1, 1936.
3. Copies of this resolution be furnished to each member of the Georgia delegation in Congress.
4. A copy of this resolution be spread on the minutes of each House of the General Assembly.
The Senate insisted upon its position on the following bills of the House, tO-wit:

By Mr. Grayson of Chatham-

House Bill No.2.. A bill proposing an amendment to the

Constitution of the Stiite of Georgia so as to provide for

payment of old age assistance to aged persons in' need and

for the payment of .assisd.nce -to 'the needy blind, and to dep~tlent' childten, "and other 'welfare benefits to be ad-

ministered by the State Department of Welfare,_ and for

other purposes.



.

THURSDAY, FEBRUARY 18, 1937.

1067

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 218. A bill to promote the public welfare by providing aid to dependent children and defining the duties and functions of the State Department of Public Welfare, and for other purposes.

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 219. A bill to promote the public welfare by providing for assistance to the needy blind, and for other purposes.

By Mrs. Coxon of Long and Mr. Grayson of Chatham-
House Bill No. 231. A bill to promote the public welfare by providing aid to the needy blind, and for other purposes.
The President appointed as a Committee of Conference on the part of the Senate to confer with a like committee from the House on the above bills the following members of the Senate, tO-wit:
Senators Lindsay of the 34th District,
Patten of the 6th District, and
Harrison of the 17th District.

The Senate insisted upon its position on the following bill of the Senate, to-wit:

By Mr. Davis of Floyd-
House Bill No. 141. A bill to provide for the listing and adoption of text-books for use in the public schools of this State, and to prescribe the duties of the State.:Board of Education with reference thereto, and for other purposes.'-~ .r
-the President appointed as a Committee of Coriferen~e on the part of'the Senate to confer with alike committee'from

1068

JouRNAL oF THE SENATE,

the House on House Bill No. 141 the following members of the Senate, ta-wit:
Senators Jackson of the 14th District, Purdom of the 46th District, and Phillips of the 29th District.
The Senate disagreed to the House amendments to the following bill of the Senate, to-wit:

By Senators Atkinson of the 1st District, Purdom of the 46th District, Patten of the 6th District, Pope of the 7th District, Ennis of the 20th District, and Spivey of the 16th District-
Senate Bill No. 61. A bill to simplify operations of the executive branch of the State Government by abolishing the Board of Control of Eleemosynary Institutions, by abolishing the Board of Public Welfare, etc., and for other purposes.
The following communication from the Executive Department was read by the Secretary:

February 17, 1937.
HoN. JoHN B. SPIVEY, President And Members of the Senate, State Capitol, Atlanta, Georgia.
Dear Mr. President and Senators: It is my desire to have a little informal reception for the
wives, mothers, daughters, and sweethearts of the members of the General Assembly, at the Mansion, on Wednesday afternoon, February 24th, between four and six.

THURSDAY, FEBRUARY 18, 1937.

1069

I would appreciate it if each Senator would leave with the Secretary of the Senate the names and addresses of those members of his family or close friends, who will be able to attend, so that I may send a personal letter of invitation.
Sincerely yours,
LuciLE LASHLEY RIVERS,
(MRs. E. D. RIVERs.)

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

By Mr. Harris of Richmond-
House Bill No. 122. A bill to appropriate $10,566.67 for the payment of the salaries of Wm. B. Harrison, as Comptroller General of Georgia, and Geo. B. Hamilton, as Treasurer of the State of Georgia, from the 24th day of February, 1936, until the 12th day of January, 1937, and for other 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 carrying an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Aultman Brock Burgin l!hltten .
Chason ... Clements Ennis Flynt Forrester Fowler Greer Grtner

Hampton

Harrell

Harrison

Holmes

Home

- _,......

Jackson :Johnson

Jones

Kimbrough

Knabb

Lindsay

McCutchen

McKenzie

Millican

~Moye

Neely Patten Peebles Phillips Pruett Purdom Shannon Shedd Sikes
Sutton
Terrell Thrasher Walker
Williams

1070

JouRNAL OF THE SENATE,

Those voting in the negative were Senators:

A~~

~uh~d

Verification of the roll call was dispensed with.
The ayes were 44, the nays 2.
The bill having received the requisite constitutional majority was passed.
Not voting were: Senators Hardman of the 33rd District, Peterson of the 15th District, and Sammon of the 51st District.

The following resolution of the House was read the third time and put upon its passage:

By Mr. Hand of Mitchell-
House Resolution No. 58, A resolution proposing an amendment to the Constitution, providing that the fixed sums appropriated in the General Appropriations Act shall be reduced pro rata in the amount of the deficiency of revenue receipts for the period excepting the amounts apprOpriated for insurance on public property, for the interest on the fixed public debt, etc., and for other purposes.
Senator Peebles of the 18th District asked unanimous consent that further consideration of House Resolution No. 58 be postponed until Friday, February 19, and the consent was granted.
Senator Atkinson of the 1st District asked unanimous consent that until further ordered by the Senate the hour of adjournment be placed at 1:30 o'clock, P.M.
The consent was granted.
The following privilege resolutions were read and adopted:

THURSDAY, FEBRUARY 18, 1937.

1071

By Senator Neely of the 36th District-
A resolution extending the privileges of the floor to Hon. Ben Pierce of Augusta, Georgia.

By Senator Neely of the 36th District-
A resolution extending the privileges of the floor to Hon. Geo. C. Kennedy of Manchester, Georgia.

By Senator Terrell of the 19th District-
A resolution extending the privileges of the floor to Rev. Warren M. Marshall, Jr., Pas~or of the Tennille Baptist Church.

By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Judge J. R'ender Terrell of Greenvlille, Georgia.

Senator Harrison of the 17th District moved that the Senate do now adjourn.

The motion prevailed.

The President announced that the S~nate stood adjourned until 10:00 o'clock tomorrow morning.

1072

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, qA., FRIDAY, FEBRUARY 19, 1937.

The Senate met, pursuant to adjournment,- at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.

Senator Lindsay of the 34th District asked unanimous

consent that the calling of the roll be dispensed with and the

consent was granted.



Senator Terrell of the 19th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined apd found to he correct.

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

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today:
1. Introduction of new matter under the rules.
2. Reports of standing committees.
3. Second reading of Senate and House hills and resolutions favorably reported.
4. First reading and reference of House bills and resolutions.
5. Special orders.

FRIDAY, FEBRUARY 19, 1937.

1073

6. Putting on their passage general and local House and Senate bills and resolut~ns ready for third rea,ding.
The consent was granted.

The following resolution of the Senate was read and adopted:

By Senator Purdom of the 46th District-
Senate Resolution No. 59. A resolution to name a: special
committee to inquire into the status and consider the use of the Tattnall County Prison.
The President named as. a committee on the part of the Senate under the above resolution the following:
Senators Purdom of the 46th District,
Phillips of the 29th District, and
Lindsay of the 34th District.

The President announced the following as a committee from the Senate to attend the funeral ofHon. L. G. Hardman in Commerce, Georgia:
Senators Whitehead of the 30th District, Almand of the 50th District~ and
Allen of the 31st District.

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 and/or Senate, to-wit:

1074

JouRNAL OF THE SENATE,

By Senator Millican of the 35th District-
Senate Bill No. 39. A bill to amend an Act approved August 27th, 1925, in counties of over 200,000 population by providing for payment into the county treasury of cor poration taxes collected in said counties.

By Senator Shannon of the 21st District-
Senate Bill No. 105. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Twiggs County, and for other purposes.

By Messrs. McCracken of Jefferson and Batchelor of Putnam-
House Bill No. 259. A bill to be entitled an Act to amend Section 42-207 of Georgia Code of 1933, relating to penalties for selling damaged feeding stuff, and for other purposes.

By Messrs. McCracken of Jefferson and Batchelor of Putnam-

House Bill No. 260. A bill to be entitled an Act to amend

Section 42-202 of the Georgia Code of 1933, relating to the

registration of feeding stuff with the Commissioner of Agri-

culture, and for other purposes.



By Mr. Williams of Bacon-
House Bill No. 364. A bill to be entitled an Act to amend an Act approved Aug. 20, 1927, Georgia Laws 1927, entitled "An Act to create a Board of Commissioners of Roads and Revenue of Bacon County," and for other purposes.

By Mr. DeFoor of Mcintosh-

~ "

House Bill No. 373. A bill to be entitled an Act to reduce

the official bond of the Sheriff of Mcintosh County, arid for

other purposes.

.

FRIDAY, FEBRUARY 19, 1937.

1075

By Mr. Drinkard of Lincoln-
House Bill No. 376. A bill to be entitled an Act to provide that where surety bond is given by Treasurer of Lincoln County, county authorities may pay premium, and for other purposes.

By Mr. Moore of Taliaferro--
Hause Bill No. 379. A bill to be entitled an Act to create a new charter for Alexander Stephens Institute, and for other purposes.

By Mr. Morris of Douglas-
House Bill No. 383. A bill to be entitled an Act to reduce the bond of the Sheriff of Douglas County, and for other purposes.

By Mr. Swindle of Berrien-
House Bill No. 398. A bill to be entitled an Act to amt!nd an Act creating a Board of Roads and Revenue for Berrien County, and for other purposes.

By Mr. Vickery of Charlton-
House Bill No. 401. A bill to be entitled an Act to reduce the official bond of the Sheriff of Charlton County, and for other purposes.

By Mr. Hodges of Liberty-
House Bill No. 408. A bill to be entitled an Act to amend an Act approved March 12, 1935, Actt 1935, by striking a portion of paragraph 5 of said Act, and for other purposes.

By Messrs. Le,wis and Bargeron of Burke-
House Bill No. 434. A bill to be entitled an Act to fix the amount of bond for the Sheriff of Burke County, and for other purposes.

1076

JouRNAL oF THE SENATE,

By Mr. McCravey of Union-
House Bill No. 442. A bill to be entitled an Act to abolish the office of County Treasurer in and for the County of Union, and for other purposes.

By Mr. McCravey of Union-
House Bill No. 443. A bill to be entitled an Act to create the office of Tax Commissioner of Union County, and for other purposes.

By Mr. Morris of Douglas-
House Bill No. 445. A bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the town of Douglasville, and for other purposes.
The House has adopted by the requisite constitutional majority the following resolutions of the Senate, to-wit:

By Senator Kimbrough of the 25th District-
Senate Resolution No. 26. A resolution authorizing his Excellency E. D. Rivers, to convey to the United States of America a one-fourth undivided interest in tract of land No. 25 of the Pine Mountain Recreational Project, being parts of lots of land twenty-five and forty-four of the third District of Harris County, Georgia.

By Senator Williams of the 5th District-
Senate Resolution No. 33. A resolution to amend the Constitution authorizing Ware County to levy a tax for a fund to encourage the location of new industries in the county, and for other purposes.
The House has adopted the following resolutions of the House, to-wit:

FRIDAY, FEBRUARY 19, 1937.

1077

By Mr. Salter of Baker and others-
House Resolution No. 111. A resolution expressing the deepest sorrow to the family of Bon. A. N. McLeod, and for other purposes.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Resolution No. 112. A resolution providing for the appointment of a committee to make an investigation of the property tendered to the State of Georgia by the City of Atlanta, and known as the Battle Hill Tubercular Sanatorium, and for other purposes.
Under the provisions of House Resolution No. 112 the Speaker has appointed the following committee on the part of the House:
Messrs. Jackson of Habersham,
Martin of Jeff Davis, and
Daves of Dooly.

By Mr. Palmour of Hall and many others-
House Resolution No. 113. A resolution that the Senators and Representatives of the Georgia delegation in Congress be requested to support an amendment removing from the United States Revenue Act of 1936 the provisions imposing the tax complained of herein, and for other purposes.
The House has adopted as amended the following resolution of the Senate, tO-wit:

By Senator Spivey of the 16th District and others-
Senate Resolution No. 36. A resolution extending congratulations to the City of Atlanta upon reaching the age of 100 years, urging the Federal Government and Congres-

1078

JOURNAL OF THE SENATE,

sional delegation to rush the completion of the City Auditorium.

The House has adopted the following resolutions of the Senate, ta-wit:

By Senators Peebles of the 18th District and Purdom of the 46th District-
Senate Resolution No. 46. A resolution that a joint committee of five, two from the Senate and three from the House, be appointed by the President of the Senate and the Speaker of the House to study classification ofemployees and the matter of salaries to be paid in su~h classification.

By Senator Spivey of the 16th District-
Senate Resolution No. 50. A resolution extending the sympathy of the General Assembly to the family of Honorable Collins Bird over his untimely death.

Senator Atwood of the 2nd District, Chairman of the Committee on Historical Research, submitted the following report:

Mr. President: Your Committee on Historical Research has had under
consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 53.
Respectfully submitted,
ATwooD, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, has submitted the following report:

FRIDAY, FEBRUARY 19, 1937.

1079

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 294.
House Bill No. 340.

Respectfully submitted, PEEBLES, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary has had under consid-
eration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 140.
Respectfully submitted, ALLEN, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Public Highways, submitted the following report:
Mr. President:
Your Committee on Public Highways has had under consideration the following bill and resolutions of the Senate and has instructed me, as chairman, to report the same back

1080

JouRNAL OF THE SENATE,

to the Senate with the recommendation that the same do pass:
Senate Bill No. 132. Senate Resolution No. 47. Senate Resolution No. 58.
Respectfully submitted, PHILLIPS, Chairman.

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

By Senator Lindsay of the 34th District-
Senate Bill No. 142. A bill to amend Section 22-1302, Chapter 22-13, Title 22 of the 1933 Code, authorizing Superior Court Judges to fix places of hearing of petitions for the dissolution of corporations at chambers in vacation, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Lindsay of the 34th District-
Senate Bill No. 143. A bill to provide for granting relief by injunction and decrees for specific performance with regard to certain contracts between employers and employees, and for other purposes.
Referred to Committee on General Judiciary No. 1.

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

By Senator Aultman of the 23rd District-
Senate Bill No. 58. A bill to amend the Highway Mileage Act by adding a road from Fort Valley, the county seat of

FRIDAY, FEBRUARY 19, 1937.

1081

Peach County, to State Highway No. 11, and for other purposes.

By Senator Harrison of the 17th District-
Senate Bill No. 132. A bill to add a road on the TraylorNeill map from Millen, Jenkins County, to Girard, Burke County, and for other purposes.

By Senators Jones of the 35th District and Fowler of the 39th District-
Senate Bill No. 140. A bill to abolish the fee system now existing in the Superior Court of the Tallapoosa Circuit, and for other purposes.

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

By Mr. Whitaker of Clayton-
House Bill No. 294. A bill to amend an Act consolidating the several Acts incorporating the City of Jonesboro, Clayton County, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 340. A bill to amend an Act of Feb. 15, 1935, amending the charter of Augusta, and for other purposes.

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

By Senator Ennis of the 20th District-
Sen,ate Resolution No. 47. A resolution designating the highway beginning at Augusta and passing through Louisville, Wrightsville, Dublin, and other cities as the Jefferson Davis Trail, and for other purposes.

1082

JouRNAL oF THE SENATE,

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

By Messrs. McCracken of Jefferson and Batchelor of Putnam-
House Bill No. 259. A bill to amend Section 42-207 of the 1933 Code, relating to penalties for selling damaged feeding stuff, and for other purposes.
Referred to Committee on Agriculture.

By Messrs. McCracken of Jefferson and Batchelor of Putnam-
House Bill No. 260. A bill to amend Section 42-202 (2107) of the 1933 Code relating to the registration of feeding stuff with the Commissioner of Agriculture, and for other purposes.
Referred to Committee on Agriculture.

By Messrs. Houze and Coleman of LowndesHouse Bill No. 347. A bill to amend the charter of the
City of Valdosta, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Cogdell of Glynn-
House Bill No. 354. A bill to amend the charter of the City of Brunswick, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Jackson of Habersham-
House Bill No. 355. A bill to amend an Act repealing the charter of the City of Demorest, and for other purposes.
Referred to Committee on Municipal Government.

FRIDAY, FEBRUARY 19, 1937.

1083

By Mr. Jackson of Habersham-
House Bill No. 356. A bill to amend an Act incorporating the City of Cornelia, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Williams of Bacon-
House Bill No. 364. A bill to amend the Act creating a Board of Commissioners of Roads and Revenues of Bacon County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. DeFoor of Mcintosh-
House Bill No. 373. A bill to reduce the official bond of the Sheriff of Mcintosh County, and for other purposes.

By Mr. Drinkard of Lincoln-
House Bill No. 376. A bill to amend an Act providing that where surety bond is given by the Treasurer of Lincoln County, county authorities may pay premium on such bond out of public moneys, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Moore of Taliaferro-
Hause Bill No. 379. A bill creating a new charter for Alexander Stephens Institute, and for other purposes.
Referred to Committee on Education.

By Mr. Morris of Douglas-
House Bill No. 383. A bill to reduce the bond of the Sheriff of Douglas County, and for other purposes.
Referred to Committee on Counties and County Matters.

1084

JOURNAL OF THE SENATE,

By Mr. Swindle of Berrien-'-'-
House Bill No. 398. A bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Berrien County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Vickery of Charlton-
House Bill No. 401. A hill to reduce the bond of the Sheriff of Charlton County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Hodges of Liberty-
House Bill No. 408. A bill to amend an Act of March 12, 1935, page 717, Georgia Laws, relative to road districts and commissioners, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 434. A bill to fix the amount of Bond of the Sheriff of Burke County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. McCravey of Union_::
House Bill No. 442. A bill to abolish the office of County Treasurer for Union County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. McCravey of Union- ,
House Bill No. 443. A bill to create the office of Tax Commissioner of Union County, and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, FEBRUARY 19, 1937.

1085~

By Mr. Morris of Douglas-
House Bill No. 445. \A bill to amend the several Acts incorporating the Town of Douglasville, and for other purposes.
Referred to Committee on Municipal Government.

The following bill and resolution of the House were taken up for consideration:

By Messrs. Lanier, Harris, and Barrett of Richmond-'-
House Bill No. 35 A bill to provide for the sterillzation_ of selected persons from the inmates of the State institutions, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 1.
The bill having received the requisite constitutional majority was passed.

By Mr. Hand of Mitchell-
House Resolution No. 58. A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution, providing that the 6xed sums appropriated in the _General Appropriations Acts shall be reduced pro rata in the amount of the defi~iency or revenue receipts for the period excepting the amounts appropriated for insurance on public property, for the_ interest on the fixed public debt, for the interest on current loans, and for the expenses of the judicial and legislative branches of the Government, and for other purposes.
An amendment by Senators Ennis of the 20th Districtand Pe~bles of the 18th District was lost.

1086

JouRNAL OF THE SENATE,

Senator Atkinson of the 1st District moved that further consideration of House Resolution No. 58 be postponed until Tuesday, February 23rd.
The motion prevailed.

The following resolutions of the House were read and adopted:
By Messrs. Salter of Baker, Bargeron of Burke, Hand of Mitchell, and Evans of McDuffie-
Hoose Resolution No. 111. A resolution expressing the sorrow of the General Assembly upon the death of Hon. A. N. McLeod.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Resolution No. 112. A resolution providing for the appointment of a committee to make an investigation of the property tendered to the State of Georgia by the City of Atlanta, and known as the Battle Hill Tubercular Sabatorium, and for other purposes.

By Messrs. Palmour of Hall, Almond of Walton, Sanders of Coweta, Marshall of Macon, Kendrick of Fulton, Coleman of Lowndes, Sutton of Wilkes, Turner of DeKalb, and many others-
House Resolution No. 113. A resolution requesting the Senators and Representatives of the Georgia delegation in Congress to support an amendment removing from the United States Revenue Act of 1936 the provision imposing the tax complained of herein, and for other purposes.
The Senate agreed to the following House amendment to Senate Resolution No. 38:
Mr. Sutton of Wilkes offered the following amendment:

FRIDAY, FEBRUARY 19, 1937.

1087

By striking the words" Clerk of the House" wherever they appear in said resolution and inserting in lieq thereof the words "Secretary of the Senate."

Senator Pope of the 7th District asked unanimous consent that further consideration of Senate Bill No. 47 be postponed until Wednesday, February 24th. The consent was granted.

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

By Senator Neely of the 36th District-
Senate Bill No. 59. A bill fixing the time within which settlements and compromises may be effected in all causes of action arising out of torts; to render voidable contracts made within sixty days after the date of injury; and for other purposes.
The committee offered a substitute for Senate Bill No. 59 which was read.
Senator Jones of the 38th District offered an amendment.
Senator Harrell of the 12th District offered an amendment.

Senator Fowler of the 39th District moved that Senate Bill No. 59 and all amendments thereto be tabled.
The motion prevailed.

Senator Flynt of the 26th District moved that the Senate reconsider its action in tabling Senate Bill No. 59.
On the motion to reconsider, Senator Flynt called for the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:

1088

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Aultman Brock Burgin Flynt
Forrester Griner Hampton

Harrell Holmes Home Jackson Johnson Jones McKenzie

Millican Moye Neely Peebles Phillips Terrell Walker

Those voting in the negative were Senators:

Atkinson Atwood Clements Fowler

Harrison Lindsay McCutchen Pope

Pruett Thrasher Williams

Verification of the roll call was dispensed with.
The ayes were 21, the nays 11.
The motion to reconsider the action of the Senate in tabling Senate Bill No. 59 prevailed.
Not voting on the motion were: Senators Allen of the 31st District, Almand of the 50th District, Burrell of the 40th District, Chason of the 8th District, Ennis of the 20th District, Greer of the 13th District, Hardman of the 33rd District, Kimbrough of the 25th District, Knabb of the 4th District, Patten of the 6th District, Peterson of the 15th District, Purdom of the 46th District, Sammon of the 51st District, Shannon of the 21st District, Shedd of the 3rd District, Sikes of the 49th District, Sutton of the 47th District, and Whitehead of the 30th District.

Senator Flynt of the 26th District moved that further consideration of Senate Bill No. 59 and all amendments thereto be postponed until Monday, February 22nd, and the motion prevailed.

Senator Harrell of the 12th District moved that when the Senate adjourn today that it starid adjourned until 10:00 o'clock Mon4ay morning.

FRIDAY, FEBRUARY 19, 1937.

1089

Senator Burgin of the 24th District moved that when the Senate adjourn today that it stand adjourned until 10:00 o'clock Tuesday morning. .
The motion by Senator Burgin was lost.
The motion by. Senator Harrell prevailed.

The following resolution of the Senate was read and adopted:

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Neely of the 36th District-
Senate Resolution No. 60. A resolution providing for a joint Session qf the General Assembly on Wednesday, the 3rd day of March, at 12:00 o'clock noon, for the purpose of hearing a speaker representing the stockmen and farmers of the State.

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

By Senator Pruett of the 32nd District-
Senate Bill No. 108. A bill to amend Section 24-2702 of the 1933 Code of Georgia prohibiting Clerks of the Superior Court from practicing law by providing that a clerk is not prevented from practicing law except in his own county, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 13, the nays 17.
The bill having failed to receive the requisite constitutic;mal majority was lost.

By Senator Harrell of the 12th DistrictSenate Bill No. 103. A bill to provide for the suspension

1090

JOURNAL OF THE SENATE,

and removal of the Treasurer or Comptroller General of this State from the discharge of the duties of their offices in certain cases, and for other purposes.
The committee offered the following amendment:
By striking the word" immediately" in line 10 of Section 2 and inserting in lieu thereof the words "within five days."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th District-
Senate Bill No. 111. A bill to provide that voluntary express trusts created by residents of this State and to be executed in this State shall be construed to be revocable during the life of the donor or grantor, unless otherwise expressly provided, and for other purposes.
Senators Millican of the 35th District and Lindsay of the 34th District offered the following amendment to Senate Bill No. 111:

By adding before the word "be" in line 1 the words "Section 1;" also by adding a new section to be known as Section 2 and reading as follows: "That all laws and parts of laws in conflict with this law are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

FRIDAY, FEBRUARY 19, 1937.

1091

On the passage of the bill, as amended, the .ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

The following privilege resolutions were read and adopted:

By Senator Hampton of the 41st District-
A resolution extending the privileges of the floor to Miss Bonnie Lou Aycock, Miss Nell Clements, and Hon. Jerome Clements, Jr., the distinguished friend and members of the family of the Senator from the 9th District.

By Senator Harrell of the 12th District-
A resolution extending the privileges of the floor to Hon. Stonewall Bryant, Tax Collector ofTreutlen County, Georgia.

By Senator Patten of the 6th District-
A resolution extending the privileges of the floor to Hon. Lon Burton, Editor and Manager of the Lanier County News.

By Senator Williams of the 5th District-
A resolution extending the privileges of the floor to Hon. Isadore Gelders, prominent editor of Ben Hill County.

By Senator Williams of the 5th District-
A resolution extending the privileges of the floor to Mrs. J. A. Rollison, President of Woman's Democratic Club of Georgia.

By Senator Atkinson of the 1st District-
A resolution extending the privileges of the floor to Hon. 0. E. Bright, Mayor of Savannah Beach, Georgia.

1092

. JouRNAL oF THE SENATE,

Senator Purdom of the .46th District was granted a leave of absence from the Senate on Monday, February 22nd.

Senator Lindsay of the 34th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock Monday morning.

MoNDAY, FEBRUARY 22, 1937.

1093

SENATE CHAMBER, ATLANTA, GA., MoNDAY, FEBRUARY 22, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Senator Walker of the 28th District presented to the Chaplain a Bible to be used by hilll in conqucting the devotional services ~n, the Senate.
Prayer was offered by the Chaplain.
Senator Millican of the 35th District asked unanin\ous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of last Friday's proceedings had been examined and found to be correct.
Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as, the order of business immediately following the first part of the, period of unanimous consents today:
1. Introduction of new matter under the rules. 2. Reports of standing committees.

1094

JoURNAL OF THE SENATE,

3. Second reading of Senate and House bills and resolutions favorably reported.
4. First reading and reference of House bills and resolutions.
5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and/or resolutions of the House and/or Senate, ta-wit:

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District~ and Almand of the 50th Distri_ct-
Senate Bill No. 10. A bill to be entitled an Act to provide that prescription shall not run against the owner or holder of a mortgage, deed to secure debt, etc., in favor of a person who has actual or constructive notice of such instrument, and for other purposes.

By Mr. Sutton of Wilkes-
House Bill No. 82. A bill to be entitled an Act to provide under what terms a certificate shall be issued to Motor Common Carriers, and for other purposes.

By Mr. Sutton of Wilkes-
House Bill No. 83. A bill to be entitled an Act to prOvide under what terms a certificate shall be issued to Motor

MoNDAY, FEBRUARY 22, 1937.

1095

Carriers, and to provide in what manner suit shall be brought, and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 133. A bill to be entitled a,n Act to empower the Prison Commission to control and direct the place of service of all persons convicted in the Courts of Georgia, and for other purposes.
By Messrs. Key of Jasper, Allison of Gwinnett, and Parker of Colquitt-
House Bill No. 160. A bill to be entitled an Act to amend an Act to create and establish the Securities Commission, and for other purposes.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 204. A bill to be entitled an Act to change the amount of the bond of the sheriff of Laurens County, and for other purposes.

By Messrs. Cochran of Thomas and Bargeron of Burke-
House Bill No. 274. A bill to be entitled an Act to amend an Act providing marketing regulations for eggs, and for other purposes.

By Mr. Adams of Franklin-
. House Bill No. 439. A bill to be entitled an Act to amend the charter of the City of Lavonia, and for other purposes.

By Mr. Brown of Greene--
House Bill No. 459. A bill to be entitled an Act to amend the charter of the City of Woodville, and for other purposes.

1096

JouRNAL OF THE SENATE,

By Mr. Beck of Carroll-
House Bill No. 466. A bill to be entitled an Act to amend the charter of the Town of Bowdon, and for other purposes.

The House has passed, as amended, the following bill of the Senate:

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, and others-
Senate Bill No. 7. A bill to be entitled an Act to amend the Code relating to the construction and manner of exercise cof powers of sale in deeds, mortgages, etc., and for other purposes.

The House has adopted the following resolutions of the House and Senate, ta-wit:

By Messrs. Lewis and Bargeron of B1:1rke-
House Resolution No. 121. A resolution naming the official tree of Georgia, and for other purposes.

By Senator Spivey of the 16th District-
Senate Resolution No. 51. A resolution providing for a Joint Session i:o hear an address by Hon. J. B. Hutson, Assistant Administrator of the United States Department of Agriculture, and providing for a Committee of Escort.
Under the provisions of Senate Resolution No. 51, the Speaker appointed as a Committee of Escort on the part of the House: Messrs. Cochran of Thomas, Bargeron of Burke, and Smith of Muscogee.
Senator Johnson of the 42nd District asked unanimous consent that Senator Atkinson of the 1st District be permitted to read to the members of the Senate certain parts

MoNDAY; FEBRUARY 22~ .1937.

1097

of George Washington's Farewell Address. The consent was granted.

Senator Atkinson of the 1st District addre.ssed the Senate

in words of commemoration to George Washington and

read to the members of the Senate parts of Washington's

Farewell Address.



The following resolutions of the Senate were read and adopted:

By Senators Atkinson of the 1st District, Purdom of the

46th District, Pope of the 7th District, and Terrell

of the 19th District-



Senate Resolution No.. 61. A resolution giving the President the discretion to determine compensation of attaches not in excess of the amount designated forsame in Senate Resolution No. 7.

By Senators Moye of the 11th District, Millican of the 35th District, and Atkinson of the 1st District-:-
Senate Resolution No. 62. A resolution extending the regrets of the Senate to Hon. E. R. King upon his illness and wishing for him a speedy recovery.
The President named as Committee to act under the provisions of House Resolution No. 112, to study the advisability of the State taking over Battle Hill Tubercular Sanatorium, the following members of the Senate:
Senators Allen of the 31st District and
Hardman of the 33rd District.
The following communication from Bis Excellency, the Governor, was read:

1098

JOURNAL OF THE SENATE,

To THE MEMBERS oF THE GENERAL AssEMBLY:
Under authority of Act passed March 28, 1935, creating a Commission to be known as the State Properties Commission, composed of the Governor of the State, Chairman of the Public Service Commission and the State Treasurer, with power and authority to manage, control, lease and preserve the properties known as Hotel Properties of the State of Georgia, located in Chattanooga, Tennessee, we beg to submit herewith our report of the activities of this Commission from April 1, 1935, the date it assumed control of these properties to December 31, 1936.
This report is made in accordance with Section 7 of the above named Act, which sets forth, "that said Commission shall keep a record of its actions and doings and shall make a report to each regular session of the General Assembly of Georgia."
The Governor of Georgia cancelled the lease held by J. B.
Pound of Chattanooga under date of February 28, 1935, and
placed the properties under J. J. E. Anderson, a member of
the Public Service Commission, as Custodian. The properties were operated under this Custodian until April 1, 1935, when the management passed into the hands of the Commission created by the Legislature. Full report of the activities of the Custodian were made to the Commission under date of April 6, 1935, and all.monies handled by the Custodian were fully accounted for and are incorporated in t!Ie financial statement made a part of this report.

The Commission found the two properties badly in need of necessary repairs and replacements and taxes due and unpaid to the City of Chattanooga, Hamilton County, and the State of Tennessee in the amount of $20,648.07. Also,
a.t the time of .cancellation of the lease of J. B. Pound, he
was in default in the payment of rents in the sum of $19,-
643.62. Your Commission immediately set abo'lit i~asing

MoNDAY, FEBRUARY 22, 1937.

1099

these properties, bearing in mind not only that they should be put in position of producing revenue to the State of Georgia, but that necessary repairs and replacements should be made immediately to safeguard and preserve the value of the properties. Proposals were requested through public notice from all interested parties and after due and careful consideration of all proposals submitted the properties were leased for a period of five years as follows:
The hotel known as the Plaza Hotel was leased under date of June 28, 1935, to the Plaza Hotel Company, Inc., a Tennessee Corporation, Paul N. McQuiddy, President.

The property known as the Eastern Hotel was leased under date of August 30, 1935, to P. C. Steele and Mrs. Irene C. Steele and the Eastern Hotel Company, all of Tennessee.

Copies of these leases are attached to this report and made a part thereof.

The Treasurer of the State of Georgia held bonds pledged

by J. B. Pound to cover faithful performance of his lease

to the extent of $9,550.00. Under date of May 29, 1935,

the Governor of the State of Georgia issued Executive

Order authorizing the Treasurer of the State of Georgia

to convert these bonds into cash and apply the proceeds

against the indebtedness of the said J. B. Pound to the

State of Georgia. Under authority of this Executive Order,

the Treasurer of the State of Georgia converted these

bonds and paid to the Properties Commission the sum of

$9,878.10~ which was duly credited against the indebtedness

6fJ. B. Pound. :: .



. U~der: date of June 25-1 1935, the (;over_!lor of the State
Of Georgia issued an Executive Order directing J. B. Pound
to release and quit-claim to the State of Georgia any and

1100

JOURNAL OF THE SENATE?,

all interests he may have or claim of equity in and to the

improvements and personal properties accumulated during

the life of his lease and for this, J. B. Pound was to be re-

leased from any and all liability from the State of Georgia

for balances of unpaid rents under the terms of his lease.

Copy of this Executive Order is attached and made a part

of this report.



Statements of the monies handled by your Commission for the years 1935 and 1936 are attached hereto and made a part of this report. During the year of 1935 your Commission operated these properties only riine months and yet was able to pay off all indebtedness against the properties and place in the general fund of the State a balance of $90.92. During the year of 1936, ad valorem taxes against the properties were paid with the exception of personal property tax amounting to $189.60, which have not a:s yet been paid. 'An amount of $4,895.20 was turned into the general fund of the State from the operation Of these properties during 1936 and a cash balance of $856.25 was retained In the accounts of the Properties Commission, January 1,1937. During the period of the operation:; of the new lease under this Commission to December 31, 1936, improvements and replacements were made to the Property known as the Plaza Hotel in the amount of $16,346.00. Improvements and replacements on the property known as the Eastern Hotel for the same period amounted to $1,500.00.

Photograph of Hotel Plaza before and after improvements were made is attached hereto and made a part of this report.
All of this was accomplished by your Commission with a total expense of $79.41 as set forth in the statements of handling of funds. All rents under the lease have been paid promptly and there are no arrears at this time.
The properties are fully covered by insurance in the amounts set forth in the leases.

MoNDAY, FEBRUARY 22, 1937.

1101

Should the Legislature desire any additional information, your Commission will be delighted to furnish same.

STATE PROPERTIES COMMISSION,
By
E. D. RIVERS,
Governor.
J. P. WILHOIT,
Chairman Public Service Commission.

GEo. B. HAMILTON, State Treasurer.

STATEMENT-STATE PROPERTIES COMMISSION ACCOUNT-1935.

RECEIPTS:

Rents collected and turned over to State Properties Commission by ;r. ;r. E. Anderson, Custodian: Plaza Hotel, 3/8___________________$ 3/16_________________ _ 3/22_________________ _ 4/3__________________ _

170.60 170.60 170.60 170.60 $

682.40

Eastern Hotel, 33//186_______________________________$ 3/22______________ _ 4/3_______________ _ 4/6_______________ _

90.33 90.33 90.33 90.33 90.33

451.65

W. H. Farrar & Co., 43//68______________________$

26.72 25.00

51.72

E. W. Grafton, 43//68______:_________________________$

127.50 127.50

255.00

Chattanooga Florist, 3/8__________$ 35.00 4/6._________ 35.00

70.00

GColalsegmoawn T&avHeernnd, e4r/s6o_n__, _4_/_6__-_-_-_-_-_--_ Gus Viatas, 3/8-------------------
TOTAL________________________ _

150.00 35.00 30.00
$ 1,725.77

1102

JouRNAL OF THE SENATE,

Collections by State Properties Commission-Direct:
Plaza Hotel, 4/22__________________$ 5/29_________________ _ 6/1 __________________ _ 7/3__________________ _ 8/1__________________ _ 9/3__________________ _ 10/1_________________ _ 11/1_________________ _ 12/1_________________ _

658.05 600.00 506.25 506.25 506.25 506.25 506.25 506.25 506.25

$ 4,801.80

6 / 8C oOl lna tee rYa Le_a_r__R__e_n__t __D__e_p_o_s_i_t__a_s_

Eastern Hotel, 4/12_______________$ 4/18______________ _ 4/29 ______________ _ 5/2_______________ _
5/14______________ _ 5/17______________ _ 5/27______________ _
5/31______________ _ 5/31______________ _

90.33 90.33
90.33 90.33 90.33 90.33 90.33
90.33
25.71

(Three Months' Rent as Collat-

eral), 96//3L_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_--_ 10/4______________________ _ 11/4______________________ _

1,050.00 350.00 350.00 350.00

12/3----------------------- 350.00

W. H. Farrar & Co., 6/L _________ _

EC.hWat.taGnroaoftgoanF, l6o/r1is-t-,-6--/-L--_-_-_-_-_-_-_--_

Coleman & Henderson, 5/23 _____ _

Glasgow

Tavern,

6/L _____________$ 7/3_____________ _
-

35.00
-3-5.-00

Gus Viatas, 7/3___________________

Sale U.

asn. d

Redemption of $9,550.00 A. Fourth Liberty Loan

Bonds-Deposited by J. B. Pound

as Collateral on Rents :

Redemption of Called Bonds____$ 4,450.00 Sale of 5,100.00 in Fourth Liberty
Loan Bonds____________________ 5,234.73

6,00'5.00
3,198.35 50.00 127.50 35.00 150.00 70.00 15.00
9,684.73

Interest on Fourth Liberty Loan Bonds Due April16, 1935, Check Endorsed Over by J. B. Pound_
Refund on Taxes by City of Chat
tan~------------------------

193.37 372.00

665.37

MoNDAY, FEBRUARY 22, 1937.

1103

Insurance:

Claims received to cover loss by

fire in Eastern Hotel :

July:

BSuufnf aIlnos .I nCso. . C_o_-_-_-_-_-_-_-__~_-_-_-_-_-_-_-_-_-_--_$ Aetna Ins. Co.___________________ _

14.96 2.88 2.30

LHDonmdeoInn&s. LCaon._c_a_s_h__ir_e__I_n_s_.__C_o_.______ __

2.88 2.88

----

NoLvu.m1:bermen's Ins. Co.____________$ Aetna Ins. Co.___________________ _ Buffalo Ins. Co. _________________ _ Sun Ins. Co. ____________________ _
London & Lancashire____________ Southern Fire Ins. Co. __________ _

5.04 2.02 13.11 2.52 2.53 2.53

TOTAL RECEIPTS___________ _

25.90
27.75 $26,552.17

DISBURSEMENTS:
Travel Expense : J. P. Wilhoit, 6/24, to Chattanooga and Return ____________________$
Geo. B. Hamilton, 6/24, Three Trips to Chattanooga and Return____________________________
H. A. Hixon, to Chattanooga and . Return_________________________
Geo. B. Hamilton, 7/3, to Chatta- . nooga and Return______________

13.55
47.96 5.40 12.50 $

79.41

Taxes: June25:
Wiley Couch, County Trustee, Hamilton County, Tennessee___$ 2,032.92
French Grubb, Solicitor, Interest and Penalties___________________ 430.51
Sam Envin, C. and M., Chancery nCeosusrete,__H_a__m_i_l_t_o_n__C__o_u__n_t_y_,__T__e_n_- 4,307.64
Alvin Shipp, City Treasurer, Chattanooga Improvement Assessment_______________________ 983,48 $ 7,754.55

Oct. 31st: City of Chattanooga, Tenn., City Taxes, 1935_____________________
Dec. 18th: Wiley Couch, Trustee, Hamilton County, Tennessee, State and County Taxes, 1935_____________

2,967.44 2,634.36

5,6Q1.80

July 11th: Reimbursement Emergency Fund, Advanced to Pay Taxes on Prope r t y _____________~--------------

12,893.52

1104

JouRNAL OF THE SENATE,

Insurance Premiums from March 1 to June 1:

July 25th:

KSteamnple&y LCaoch-m--a-n--&---C-o-.-_-_-_-_-_-_-_-_-_--_$

,89
2:7.21

- - - - Grady Alexander & Walter_______ _
Payne Head Co. _________________ _

16.71 6.79

Refunds:

July 15th:

FaMrroanr th& RCeon.t,__O__v_e_r_p_a_ycm__e_n__t__O_n__e$ 26.72

P. C. Steele, Refund Insurance
Olaims Paid to Commission on Loss Sustained by Fire in East-
Oct. 9ethm__H__o_t_e_l_:______________$25 .90 Nov. 6th ______________________ 2:7.75

53.65

51.60 8>.37

TOBTaAlaLncDe ItSoBGUeRnSerEaMl FEuNnTdSb__y__C_h__e_c_k____-_-_-_-_-_-_-_-_-_-__-_-_--c-______-_-_-_-_-_-

26,461.25 90.92

$26,552.17

STATEMENT-STATE PROPERTIES COMMISSION ACCOUNT-1936. RECEIPTS:

Rents Collected :

PElaasztaerHnoHteolt,eJla, nJaunaurya_r_y________________-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_$
Eastern Hotel, February_____________________ _ Plaza Hotel, February_______________________ _
Plaza Hotel, March____________________ ------Eastern Hotel, March________________________ _

506.25 350.00
350.00
506.25 506.25 350.00

Plaza Hotel, ApriL ___________ ----------- ____ _ Eastern Hotel, ApriL _________-_______________ _ Eastern Hotel, May__________________________ _ Plaza Hotel, May_____________________________ _
Plaza Hotel, June. __________________________ _ Eastern Hotel, June_________________________ _ Eastern Hotel, July _________________________ _ Plaza Hotel, July____________________________ _ Plaza Hotel, August_________________________ _

506.25 350.00
350.00 506.25 506.25 350.00
350.00 506.25 506.25

Eastern Hotel, August________ ----------- ____ _ Eastern Hotel, September____________________ _

350.00 350.00

Plaza Hotel, September_______ ~--------------- 506.25

Plaza Hotel, O EEaasstteermn HHoptteell,,

cONtcootbvoeebrme.r"b.-e~--r-_7-,_--_--_--_--_--,--_--_--_--_--_--_--_--_--_--_--_--_-_----_

506.25 350.00
. 350.00

PPllaazzaa HHootteell,, DNoevceemmbebre-r-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__---_-_-_-_~_-_ Eastern Hotel, December_____________________ _

506.25 506.25 350.00

Eastern Hotel, January, 1937----------------- 350.00 Plaza Hotel, January, 1937-------------------- 506.25

TOTAL RECEIPTS ____ ------ ____ ----------------

$11,131.25

MoNDAY, FEBRUARY 22, 1937.

1105

DISBURSEMENTS: Alvin Shipp, City Treasurer, Taxes, 1936, CheckDated Oct. 19, 1936___________________$ 2,849.84 Wi1l9e3y6_C_o_u__c_h_,__T_r_u_s__te_e__, _C__h_e_c_k___D_a__te_d___D_e_c_.__2_9_, 2,529.96 To General Fund, State Treasury ____________ 4,895.20
TOTAL DISBURSEMENTS.. ________________________________ $10,275 .00 Balance in Bank______________________________________________ 856.25
$11,131.25

LEASE

GEORGIA, FULTON COUNTY.

This indenture of lease made the 28th day of June, 1935

by and between the State of Georgia, acting through its

State Properties Commission (pursuant to an Act of the

General Assembly of said St;tte approved March 28, .1935)

herein called Lessor, and Plaza Hotel Company, J.nc., a

Tennessee corporation~ herein called Lessee, WIT-

NESSETH:

.

1. Lessor hereby leases and demises to Lessee the premises situated in the City of Chatt!lnooga, Tennessee, and described as follows:

That tract or lot of land bounded by Market Street, Georgia Avenue and Tenth Street, the said lot having a frontage of one hundred sixty-five (165) feet on Market Street; one hundred and twenty-eight (128) feet on Georgia Avenue, and ninety-three (93) feet on Tenth Street;

on which there is situated a four-story brick b.uilding formerly known as the Southern Express Company Building, later known as Hotel Annex and now known as Hotel Plaza.

Together with the appurtenances thereunto belonging and also including all furniture located in said Hotel Plaza, and belonging to the Lessor; it being understood that the

1106

JouRNAL oF THE SENATE,

Lessor owns all the furniture and furnishings used in said Hotel Plaza except draperies, window curtains, linens, the personal effects contained in the private apartment now occupied by Paul N. McQuiddy, the Neon signs on the exterior of the building, a certain Kelvinator water cooler located in the lobby.

TO HAVE AND TO HOLD to Lessee, its successors and assigns for a term of five years commencing June 1, 1935, and ending May 31, 1940, at a yearly rental of $6,075.00 payable in monthly installments of $506.25 at the office of the State Treasurer, State Capitol, Atlan~a, Georgia, upon the first day of each month in advance.'

2. Lessee shall have the privilege of renewing this l,ease

for a further term of five years from June 1, 1940, to May

31, 1945, at a rental of $10,600.00 per year on the same

terms and conditions as herein expressed, except that for

such renewal period Lessee shall deposit as security the sum of $10,600.00 (see Section 8 hereof below), which

deposit may he in the form of cash, or, in lieu thereof, in

the form of negotiable bonds of the United States, the State of Georgia, or any county or municipality of the State of

Georgia, acceptable to the Lessor. Any interest received by the Lessor on such bonds shall he remitted to the Lessee. If coupon bonds are deposited the lessee shall have access to same for the purpose of clipping the coupons. Notice of the exerCise of the right to renew this lease as herein

provided shall he given by 'Lessee to Lessor three months prior to the expiration of this lease, which notice may he

_ served ,upon Lessor by a letter addressed to the Commiss~on a11ddelivere<i t9 any.memher thereof. Failure to give such notice at lease three months prior to the expiration

of this lease shall he a waiver of the privileges to renew.

> '" ~3

'L' '
essee

.....,' ...
ag:t,ees-

~.

'1
;

.. ~-..


...

(

1,

I

'

."'

L, .

_..~ ,

( '~ 1 -~-

'J(, (a}L That it,will :pay.the rent as1aho~e-specitied.

MoNDAY, FEBRUARY 22, 1937.

1107

(b) That it will comply with such lawful requirements of State, Municipal or other public authorities as relate to its use of the premises.
(c) That it will take good care of the premises, and return the same at the expiration of this lease, or any renewal hereof, or upon termination of this lease or any renewal hereof by Lessor's election as herein provided for, in as good order as received, ordinary wear and tear and natural decay excepted, unless destroyed by lightning or other natural causes, or fire not caused by lessee's default; and that it will not erect, or permit to be erected on the premises any nuisance, nor commit any waste.
(d) That it will keep all of the furniture and other personal property covered by this lease in repair, and replace any broken or destroyed article of furniture, or other personal property covered by this lease and return all of the the personal property at the expiration of this lease, or any renewal hereof, or upon the termination of this lease, or any renewal lease, by Lessor's election as herein provided for, in as good order as received, ordinary wear and tear and natural decay excepted, unless destroyed by lightning or other natural cause or fire not caused by Lessee's default.
(e) That should Lessee continue to occupy the premises after the expiration of said term, such tenancy shall be from month to month and in no event from year to year.
(f) To keep the Hotel Plaza building insured against fire in the amount of at least $45,000.00 and the contents thereof insured against fire in the amount of at leas't $5,000.00 (loss payable to Lessor and Lessee as their respective interests hereunder may appear.)
(g) To expend during the term hereof at least $6,000.00 in improvements and/or additions to the building and equipment.

ll08

jOURNAL OF THE SENATE,

(h) To replace all broken glass.

4. Lessor agrees-

(a) To pay all taxes and assessments (including assessments for municipal improvements) against said premises now in default and all such taxes and assessments which accrue during the term of this lease.

(b) That if Lessee perform its obligations hereunder, Lessee shall have quiet and peaceful possession arid enjoyment of said premises during said term.

5. Should the premises be destroyed or rendered wholly untenantable by fire or other unavoidable accident, or should they be condemned or declared unsafe or directed to be rebuilt or substantially rebuilt, by any duly constituted public authorities, the rent shall abate and the lease shall be terminated. In case of partial destruction of said building and/or equipment to such extent as to render the building temporarily wholly or substarttially untenantable, or a substantial portion of the furniture unu~able, there shall be a proportionate abatement of rent until the building and/ or equipment is wholly repaired. If there should be a partial destruction by fire, it is agreed that the insurance money received therefor shall, insofar as necessary, be used to promptly replace or repair the property destroyed or damaged. In event this lease is terminated under the provisions of this section, the deposit by Lessee with Lessor, provided for in Section 8 hereof, or any sum theteof remaining at the time of such termination, shall be returned to Lessee.

6. Lessee shall not, without the consent of Lessor,

assign this lease; nor shall Lessee, without. the consent of

Lessor, sublet the Hotel Plaza; but Lessee may, without

Lessor's consent, sublet the store rooms. The consent

of the Lessor to any sublease of the Hotel Plaza shall not

be unreasonably withheld.



MoNDAY, FEBRUARY 22, 1937.

1109

7. Should Lessee become bankrupt or be and remain in default in the payment of rent or other obligation imposed on Lessee hereunder, for a period of thirty days after written notice by registered mail by Lessor to Lessee, of an intention to do so, Lessor may terminate this le.ase; but if within thirty days after receipt of such notice Lessee pays the rent or performs the other obligation or obligations with respect to which it is in default, then there shall be no forfeiture under this provision. Notice as contemplated by this paragraph shall be deemed sufficient if mailed by registered mail to Plaza Hotel Company, Inc., Hotel Plaza, Chattanooga, Tennessee.

8. To secure its obligations hereunder Lessee has deposited with Lessor $6,075.00 in cash, receipt of which by Lessor is hereby acknowledged, representing an amount equal to one year's rent, which shall be held by Lessor and applied as the rent to become due hereunder for the fifth year; that is to say, that, beginning on the first day of each month of said fifth year, one-twelfth of said deposit shall become the property of Lessor in its own right and shall be deemed the rental owing by Lessee for its occupancy during such month. In the event this lease is terminated before its expiration date by the Lessor, in conformity with Paragraph 7 of this contract, because of default on the part of the Lessee in the payment of the rent or other obligation imposed on Lessee hereunder, the Lessee shall forfeit to the Lessor as liquidated damages for such breach of contract the entire amount of said deposit, or any sum thereof remaining at the time of such default; and the Lessor is authorized and empowered to apply any such sum to the payment of said liquidated damages, without any legal proceeding of any sort.

9. Lessee shall have the right during the term hereof at its own expense to make such alterations and repairs in or to the building as it may desire, provided the same do not materially injure the building.

1110

JouRNAL OF THE SENATE,

10. It is the intention of the Lessor to lease to the Lessee the said Hotel Plaza completely furnished, with the exceptions noted in Paragraph 1 hereof, but it is understood that the store rooms which form a part of the Hotel Plaza Building are completely unfurnished. It is the intention of the parties that said Hotel Plaza shall at all times during the period of this lease or any renewal hereof, be maintained by the Lessee as a completely furnished hotel, and that any additions to the furniture or furnishings or replacements thereof, except additions or replacements of the draperies, window curtains, linens, and the personal effects of Paul N. McQuiddy, shall become the property of the Lessor. Such additions to the furniture or equipment shall be deemed to have been made pursuant to subsection (g) of Paragraph 3.

11. During the last thirty days of the term hereof Lessor shall be privileged to post appropriate "for rent" signs on the exterior of the building.

12. This lease contract is a Georgia Contract, made pursuant to the laws of the State of Georgia and in conformity with, and subject to the Act of the General Assembly of Georgia approved March 27, 1935. The interpretation of this contract, and the rights, privileges and liabilities of the parties hereunder are to be governed by the laws of the State of Georgia.

IN WITNESS WHEREOF, the parties have dulv executed this instrument in duplicate on the day and year first above written.
STATE OF GEORGIA
By EuGENE TALMADGE (Signed) Governor.
By GEo. B. HAMILTON, (Signed) State Treasurer.

MoNDAY, FEBRUARY 22, 1937.

1111

By J.P. WILHOIT, (Signed) Chairman, Public Service Commission.

STATE PROPERTIES COMMISSION. PLAZA HOTEL COMPANY, INC.
By PAuL N. McQuiDDY, (Signed) President.
(SEAL) Plaza Hotel Co., Inc.

ATTEST: David L. McQuiDDY, (Signed) Secretary.

STATE OF GEORGIA COUNTY OF FULTON
Personally appeared before me Harriett B. Jackson, a notary public of the State of Georgia for the State at large, Eugene Talmadge, Governor of the State of Georgia, George B. Hamilton, State Treasurer of the State of Georgia, and Jud P. Wilhoit, Chairman of the Public Service CommiSsion of the State of Georgia, the members composing the State Properties Commission, with whom I am personally acquainted, and who acknowledged that they executed the within instrument for the purposes therein contained.
Witness my hand this 28th day of June, 1935.
HARRIETT B. JAcKsoN, (Signed)
Notary Public, State at large, Atlanta, Georgia.
(SEAL)
STATE OF TENNESSEE COUNTY OF HAMILTON
Personally appeared before me Edgar S. Beck, an officer authorized by law to make acknowledgments, Paul N.

1112

JouRNAL OF THE SENATE,

McQuiddy, President of the Plaza Hotel Company, Inc., with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained.

Witness my hand this 9th day of July, 1935.

(SEAL)

EDGAR S. BEcK, (Signed) Notary Public.

LEASE
GEORGIA, FULTON COUNTY.
This indenture of lease made the 30th day of August, 1935, by and between the State of Georgia, acting through its State Properties Commission (pursuant to an Act of the General Assembly of the State approved March 28, 1935), herein called Lessor, and P. C. Steele, and Mrs. Irene C. Steele and the Eastern Hotel Company, all of Hamilton County, Tennessee, herein called Lessees, WITNESSETH:
1. Lessor hereby leases and demises to Lessees the premises situated in the City of Chattanooga, Hamilton County, Tennessee, and described as follows:
"That tract or lot of land situated at the corner of Market and Eleventh Streets upon which i~ situated at this time a four-story brick building known as the Eastern Hotel, the said lot having a frontage of sixty-one (61) feet on Market Street and extending back along Eleventh Street one hundred sixty-seven (167) feet."

Together with the appurtenances thereunto belonging and also including all furniture located in the said Eastern Hotel and all furnishings therein including license; it being understood that the Lessor owns all the furniture and furnishings

MoNDAY, FEBRUARY 22, 1937.

1113

now situated in said Eastern Hotel consisting of sixty-three (63) rooms in addition to halls and lobbies, all completely furnished for hotel purposes.

To have and to hold to Lessees, their successors, heirs, and assigns, for a term of five years commencing June 1, 1935, and ending May 31, 1940; at a yearly rental of $4,200.00 payable in monthly installments of $350.00 at the office of the State Treasurer, State Capitol, Atlanta, Georgia, upon the first day of each month in advance.

2. Lessees shall have the privilege of renewing this lease for a further term of five years from June 1, 1940, to May 31, 1945, at a rental of $5,400.00 per year upon the same terms and conditions as herein expressed, except that to secure the performance of their obligations under this contract for such second period of five years, the Lessees shall deposit with the State Treasurer of the State of Georgia negotiable cash, or, in lieu thereof, negotiable bonds of the United States, the State of Georgia, or any county or municipality of the State of Georgia, acceptable to the Lessor, to the amount of $2,700.00. Notice of the exercise of the right to renew this lease as herein provided shall be given by Lessees to Lessor three months prior to the expiration of this lease, which notice may be served upon Lessor by a letter addressed to the Commission and delivered to any member thereof. Failure to give such notice at least three months prior to the expiration of the lease shall be a waiver of the privilege to renew.

3. Lessees agree-

(a) That they will pay the rent as above specified.
(b) That they will comply with such lawful requirements of the State, Municipal or other public authorities as relate to their use of the premises.

1114

JOURNAL OF THE SENATE,

(c) That they will take good care of the premises, and return the same at the expiration of this lease, or any renewal hereof, or upon termination of this lease or any renewal hereof by Lessor's election as herein provided for, in as good state as received, ordinary wear and tear and natural decay excepted, unless destroyed by an agency insured against; and that they will not erect or permit to be erected on the premises, any nuisance, or commit any waste.

(d) That they will keep all the furniture and other personal property covered by this lease in repair, and replace any broken or destroyed article of furniture, or other personal property covered by this lease, and return all the personal property at the expiration of this lease, or any renewal hereof, or upon the termination of this lease, or any renewal lease, by Lessor's election as herein provided for, in as good order as received, ordinary wear and tear and natural decay excepted, unless destroyed by an agency insured against.

(e) That should Lessees continue to occupy the premises after the expiration of said term, such tenancy shall be from month to month and in no event from year to year.

(f) To keep the Eastern Hotel building insured against fire in the amount of at least $30,000.00 and the contents thereof insured against fire in the amount of at least $5,000.00 (loss payable to Lessor and Lessees as their respective interests hereunder may appear.)

(g) To expend during the term hereof at least $2,000.00 in improvements and/or additions to the building and equipment.

(h) To replace all broken glass.

4. Lessor agrees-

MoNDAY, FEBRUARY 22, 1937.

1115

(a) To pay all taxes and assessments (including assessments for municipal improvements), against said premises now in default and all such taxes and assessments which may accrue during the term of this lease.

(b) That if Lessees perform their obligations hereunder, Lessees shall have quiet and peaceful possession and enjoyment of said premises during said term.

5. Should the premises be destroyed or rendered wholly

untenantable by fire or other unavoidable accident, or should

they be condemned or declared unsafe or directed to be

rebuilt or substantially rebuilt, by any duly constituted

public authorities, the rent shall abate and the lease shall be

terminated. In case of partial destruction of said building

and/or equipment to such extent as to render the building

temporarily wholly or substantially untenantable, or a sub-

stantial portion of the furniture unusuable there shall be a

proportionate abatement of rent until the building and/or

equipment is wholly repaired. If there should be a partial

destruction by fire it is agreed that the insurance money

received therefor shall, insofar as necessary, be used to

promptly replace or repair the property destroyed or

damaged.



6. Lessees shall not, without the consent of Lessor, assign this lease; nor shall Lessees, without the consent of Lessor sublet the Eastern Hotel, but Lessees may, without Lessor's consent, sublet the store rooms.
7. Should Lessees, or either of them, become bankrupt, or be and remain in default in the payment of rent or other obligation imposed on them hereunder, for a period of thirty days after written notice by registered mail by Lessor to Lessees, of an intention so to do, Lessor may terminate this lease; but if within thirty days after receipt of such notice Lessees pay the rent or perform the other obligation or obligations with respect to which they are in default, then there

1116

JOURNAL OF THE SENATE,

shall be no forfeiture under this provision. Notice as contemplated by this paragraph shall be deemed sufficient if mailed by registered mail to Eastern Hotel Company, Eastern Hotel, Chattanooga, Tennessee.

8. In the event of the exercise by Lessees of the option to renew this lease for a second period of five years from June 1, 1940, to May 31, 1945, as provided for by Paragraph 2, hereof, Lessees shall deposit with the State Treasurer in cash, or in securities as provided for by said Paragraph 2, the sum of $2,700 which shall be held by Lessor and applied as the rent to become due for the last six months of such renewal period. That is to say, beginning on the first day of each of said last six months of said second period, onesixth of said deposit shall become the property of Lessor in its own right and shall be deemed the rental owing by Lessees for their occupancy during such month. In the event this lease is terminated during said second period and before its expiration date by the Lessor, in conformity with Paragraph 7 of this contract, bec<Juse of default on the part of the Lessees in the payment of the rent or other obligation imposed on Lessees hereunder, Lessees shall forfeit to the Lessor as liquidated damages for such breach of contract the entire amount of said deposit, or any sum thereof remaining at the time of such default; and the Lessor is authorized and empowered to apply any such sum to the payment of said liquidated damages, without any legal proceeding of any sort. In the event said deposit is made in the form of bonds of the United States, the State of Georgia, or a political subdivision of the State of Georgia, the same shall be registered in the name of the Lessees and shall be accompanied by an irrevocable power of attorney authorizing the Treasurer of the State of Georgia to sell and dispose of the same for the purposes of this provision of this lease contract.

9. Lessees shall have the right during the term hereof and at their own expense to make such alterations and re-

MoNDAY, FEBRUARY 22, 1937.

1117

pairs in or to the building as they may desire provided the same do not materially injure the building.

10. It is the intention of the Lessor to lease to the Lessees the said Eastern Hotel completely furnished, but it is understood that the store rooms which form a part of the Eastern Hotel building are completely unfurnished. It is the intention of the parties that said Eastern Hotel shall at all times during the period of this lease or any renewal hereof be maintained by the Lessees as a completely furnished hotel, and that any additions to the furniture or furnishings or replacements thereof, shall become the property of the Lessor. Such additions to the furniture or equipment shall be deemed to have been made pursuant to subsection (g) of Paragraph 3.

11. It is understood that at the present time the said Eastern Hotel building does not contain a heating plant, but that it is connected with the building known as the Pound Building in the City of Chattanooga and is heated from the Pound Building. Lessees agree to pay all the expense of heating said building, so long as the necessary heat can be obtained at a cost not exceeding $900.00 per year. In the event the Lessees shall become unable to procure necessary heat at a cost not exceeding $900.00 per year, and the Lessor shall be unable to obtain the necessary heat for the Lessees at a cost to the Lessees not exceeding $900.00 per year, the Lessor agrees to install an adequate heating plant for said Eastern Hotel building in one of the store rooms now forming a part of said Eastern Hotel building. The expense of installing said heating plant shall be borne by the Lessor, but there shall be no diminution of the rent because of the use of such store rooms for said purpose. The cost of operating and maintaining the heating plant after installation shall be borne by the Lessees.
12. During the last thirty days of the term hereof Lessor shall be privileged to post appropriate "for rent" signs on the exterior of the building.

1118

JouRNAL oF THE SENATE,

13. This lease contract is a Georgia contract made pursuant to the laws of the State of Georgia, and in conformity with, and subject to, said Act of the General Assembly of Georgia approved March 28, 1935. The interpretation of this contract, and the rights, privileges, and liabilities of the parties hereunder are to be governed by the laws of the State of Georgia.

IN WITNESS WHEREOF the parties have duly executed this instrument in duplicate on the day and year first above written.

STATE OF GEORGIA,
By EuGENE TALMADGE, (Signed) Governor.
By GEo. B. HAMILTON, (Signed) State Treasurer.
By Juo P. WILHOIT, (Signed)
Chairman, Public Service Commission.
State Properties Commission. P. C. STEELE, (Signed) IRENE C. STEELE, (Signed)

EASTERN HOTEL COMPANY, By P. C. STEELE, (Signed)
President.
STATE OF GEORGIA,
COUNTY OF FULTON. Personally appeared before me Mattie O'Shields, a Notary
Public of the State of Georgia for the State at Large, Eugene Talmadge, Governor of the State of Georgia, George B. Ham-

MoNDAY, FEBRUARY 22, 1937.

1119

ilton, State Treasurer of the State of Georgia, and Jud P. Wilhoit, Chairman of the Public Service Commission of the State of Georgia, the members composing the State Properties Commission, with whom I am personally acquainted, and who acknowledged that they executed the within instrument for the purposes therein contained.
Witness my hand this 30th day of August, 1935.

MATTIE O'SHIELDS (Signed)

Notary Public, State at Large,

ATLANTA, GEORGIA.

(SEAL)

My Commission Expires 11 /19/36.

STATE OF GEORGIA,
COUNTY OF FULTON.
Personally appeared before me Ruth Shore, a Notary Public of the State of Georgia for the State at Large, authorized by law to take acknowledgments, P. C. Steele, President of the Eastern Hotel Company, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained, as the act and deed "of the said Eastern Hotel Company.
Witness my hand this the 30th day of August, 1935.
RuTH SHORE (Signed)
Notary Public, State at Large,

(SEAL)

ATLANTA, GEORGIA. My Commission expires 1/16/39.

1120

JouRNAL oF THE SENATE,

STATE OF GEORGIA,
COUNTY OF FULTON.
Personally appeared before me, Ruth Shore, an officer authorized by law to make acknowledgments, P. C. Steele, with whom I am personally acquainted and who acknowledged that he executed the within instrument for the purposes therein contained.

Witness my hand this 30th day of August, 1935. RuTH SHORE, (Signed) Notary Public, State at Large,

(SEAL)

ATLANTA, GEORGIA. My Commission expires 1/16/39.

STATE OF ALABAMA,
COUNTY OF MOBILE.
Personally appeared before me Blanche M. Dempsy, an officer authorized by law to make acknowledgments, Mrs. Irene C. Steele, with whom I am personally acquainted and who acknowledged that she executed the within instrument for the purposes therein contained.

Witness my hand this 3rd day of Sept., 1935. BLANCHE M. DEMPSY, (Signed)
(SEAL)

EXECUTIVE ORDER BY THE GovERNOR:
Whereas, On the 6th day of November, 1919, the State of

MoNDAY, FEBRUARY 22, 1937.

1121

Georgia and J. B. Pound of Chattanooga, Hamilton County,
Tennessee, entered into a lease contract pursuant to an Act of the General Assembly approved November 30, 1915, as
amended, whereby the State leased to the said J. B. Pound
two certain tracts of land lying and being in the City of Chattanooga, Hamilton County, Tennessee, being the lots on which the hotels known as the Hotel Plaza and the Eastern Hotel are now situated, said lease being for a term of fifty years from November 6, 1919; and,
Whereas, By an executive order dated February 28, 1935, said lease contract was declared forfeited by virtue of the failure of said Pound, as therein set out, to pay certain rent and other charges accruing under said contract; and,
Whereas, On the 25th day of November, 1932, in order to better secure the performance of said contract by the said
J. B. Pound the said J. B. Pound executed to the State of
Georgia a mortgage deed to certain hotel furniture and personal property therein set out and described, the same being located in the said buildings known as the Eastern Hotel and the Hotel Plaza; said mortgage contract or deed appearing of record in the Register's Office~ Hamilton County, Tennessee, Book 0, Volume 26, pages 459, et seq.; and,
Whereas, In accordance with the terms of said contract
the said J. B. Pound did deposit with the Treasurer of the
State of Georgia securities in the face value of $9,550.00 on which certain interest has accrued; and,
Whereas, By the terms af said lease contract of November
6, 1919, the said J. B. Pound obligated himself to spend
within three years from said date not less than $35,000.00 in repairs and improvements in and on the buildings then on said lots; and,
Whereas, It appears that during the operative period of
said lease contract the said J. B. Pound did expend a sum of
money greatly in excess of said sum of $35,000. for repairs and improvements to and on said property, said repairs and

1122

JouRNAL oF THE SENATE,

improvements consisting of the substantial rebuilding of one of said buildings and the entire new construction of the other building, and estimated to have cost approximately $200,000; and
Whereas, By virtue of said improvements the said J. B.
Pound claims an equity in said property and a right to the use and enjoyment thereof because of the sums expended by him in excess of the amount required by said lease contract; and,
Whereas, It appears that during the operative period of said lease contract, and during the years of the so-called depression the State of Georgia permitted the said Pound to fall behind with the payment of the rental reserve and did not require him to conform strictly to the terms of said lease contract; and,
Whereas, It further appears that it is necessary that the
State own the personal property described in said mortgage deed in order to lease the said hotel buildings to other parties; and,
Whereas, The said J. B. Pound is willing in consideration
of the release of any claim against him by the State of Georgia on account of any rents or other charges accruing under said lease contract and remaining unpaid on said February 28, 1935, to surrender to the State the said bonds held by the State Treasurer, together with the accrued interest thereon, and the said personal property described in said mortgage deed and to release and quit claim any interest he may have, or claim of equity, in and to the property described in said lease contract arising by virtue of the terms thereof or the improvements of said property by the said Pound; and,
Whereas, It further appears tram the best information
obtainable that the said J. B. Pound is probably insolvent
and that a judgment against him would be substantially worthless and that it would not therefore be to the best inter-

MoNDAY, FEBRUARY 22, 1937.

1123

est of the State to incur the cost and expense of bringing an action against said J. B. Pound for the reason that it would probably be impossible to realize anything on any judgment obtained against him; and,
Whereas, It therefore appears that it would be and is to the best interest of the State to accept the offer of said J. B. Pound and release him from liability on account of any unpaid amounts due because of said lease contract in consideration of the release by him of the property herein described and any claim against the State growing out of said lease contract,
It is therifore ordered That upon the execution by the said J. B. Pound of a release or quit-claim to all claim of title, interest or equity in or to the property described in said lease contract and the surrender by him of the personal property described in said mortgage deed or contract, and the deposit of bonds herein referred to, with all accrued interest thereon, the said J. B. Pound be released from any and all liability to the State of Georgia arising by virtue of or under said lease contract of November 6, 1919.
This June 6th, 1935.
EuGENE TALMADGE (Signed)
Governor.

BY THE GovERNOR: Carlton Mobley (Signed) Secretary, Executive Department.

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President: Your Committee on Finance has had under consideration

1124

JouRNAL OF THE SENATE,

the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
Senate Bill No. 104.
Respectfully submitted,
ENNIS, Chairman.

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

By Mr. Sutton of Wilkes-
House Bill No. 82. A bill to provide under what terms a certificate shall be issued to Motor Common Carriers, and for other purposes.
Referred to Committee on Motor Vehicles.

By Mr. Sutton of Wilkes-
House Bill No. 83. A bill to provide under what terms a certificate shall be issued to Motor Carriers and in what manner suit shall be brought; amending Section 7 of Act approved March 31, 1931; and for other purposes.
Referred to Committee on Motor Vehicles.

By Messrs. Almand and Preston of Walton-
House Bill No. 133. A bill to empower the Prison Commission to control and direct the place of service of all sentences of persons convicted in the courts of Georgia, and for other purposes.
Referred to Committee on Penitentiary.

By Messrs. Key of Jasper, Allison of Gwinnett, and Parker of Colquitt-
Hou_se Bill Ng..J60. A .bill to amend an Act entitled

MoNDAY, FEBRUARY 22, 1937.

1125

"An Act to create and establish the Securities Commission" and acts amendatory thereof, so as to more clearly define a security, and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 204. A bill to change the amount of the bond of the Sheriff of Laurens County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Cochran of Thomas and Bargeron of Burke-

. .

(



, r 1



House Bill No. 274. A bill to amend an Act approved

March 26, 1935, providing marketing regulations for eggs,

and for other purposes.
..

Referred to Committee on Agriculture.

By Mr. Adams of Franklin-
House Bill No. 439. A bill to amend the charter of the City of Lavonia, Franklin County, so as to provide that candidates of the office of Mayor or Councilman file a notice of intention to offer for office, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Brown of GreeneHouse Bill No. 459. A bill to amend the charter of the
City of Woodville, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Beck of Carroll. House Bill No. 466. A bill to amend the charter of the Town of Bowdon, and for other purposes.
Referred to Committee on Municipal Governmeht.

1126

JouRNAL OF THE SENATE,

The following resolution of the House was read and adopted:

By Messrs. Lewis and Bargeron of Burke-
House Resolution No. 121. A resolution naming the live oak as the official tree of Georgia.

The following bill of the Senate having been postponed until today was taken up for consideration:

By Senator Neely of the 36th District-
Senate Bill No. 59. A bill fixing the time within which settlements and compromises may be effected in all causes of action arising out of torts; to render voidable contracts made within sixty days after date of injury; and for other purposes.
The committee offered a substitute to Senate Bill No. 59.
An amendment by Senator Jones of the 38th District was adopted.
An amendment by Senator Neely of the 36th District was adopted.
The committee substitute as amended was adopted.

Senator Neely of the 36th District asked unanimous consent that further consideration of Senate Bill No. 59 be postponed until Thursday, February 25th, and made a special order for the day.
The consent was granted.

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

By Sen-ators Jones of the 38th District and Fowler of the

39th District-

.

Senate Bill No. 140. A bill to abolish the fee sys~em now

MoNDAY, FEBRUARY 22, 1937.

1127

existing in the Superior Courts of the Tallapoosa Circuit, as applied to the office of the Solicitor-General, and all fees naw, heretofore, or hereafter accruing to the office of Solicitor-General in said Circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Whitaker of Clayton-
House Bill No. 294. A bill to amend an Act to consolidate and supersede the several Acts incorporating the City of Jonesboro, in the County of Clayton, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 340. A bill to amend an Act approved February 15, 1935, amending the charter of the City of Augusta so as to provide for a Mayor of the City of Augusta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

1128

JOURNAL OF THE SENATE,

By Senator Almand of the 50th District-
Senate Resolution No. 53. A resolution to designate and name the William H. Crawford Highway.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

Senator Almand of the 50th District asked unanimous consent that Senate Resolution No. 53 be immediately transmitted to the House and the consent was granted.

By Senator Aultman of the 23rd District-
Senate Bill No. 58. A bill to amend the Highway Mileage Act by adding a road from Fort Valley, the county seat of Peach County, to State Highway No. 11, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Atwood of the 2nd District-
Senate Bill No. 116. A bill to amend the Act approved March 28, 1935 (Ga. Laws 1935, 368) prescribing hunting regulations, by adding "squirrels and marsh hens" to Section 3 thereof, and for other purposes.

Senator Atwood of the 2nd District offered the following

amendment to Senate Bill No. 116:



MoNDAY, FEBRUARY 22, 1937.

1129

By adding a new section to be known as Section No. 2, to read as follows:
"The provisions of this Act shall be severable and if any of the provisions shall be held to be unconstitutional the decision of the Court respecting such provision or provisions shall not affect the validity of any other provisions which can be given effect without such invalid provisions."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Atkinson of the 1st DistrictSenate Bill No. 120.

A BILL
An Act to amend Paragraph II of Section VI of Article 7 of the Constitution of the State of Georgia by authorizing the General Assembly to enact laws to create a retirement fund and system of retirement pay for county officers of Chatham County, and for other purposes.
Be it enacted by the General Assembly of the ~tate of Georgia and it is hereby enacted by authority of the same:

Section 1. That the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding to Paragraph II of Section VI of Article 7 thereof the following words, to-wit:
"The General Assembly shall have authority, however, to enact laws authorizing the County of Chatham to

1130

} OURNAL OF THE SENATE,

create a retirement fund and a system of retirement pay for county employees and levy taxes for that purpose and to enact laws establishing rules of tenure of office for such employees."

Section 2. Be it further enacted by the authority 'aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.
Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second sectio_n of this Act, in the several election districts Of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitption shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph II of Section VI of Article 7 of the Constitution authorizing the Legislature to enact laws authorizing the County of Chatham to create a retirement fund and system of retirement pay for county employees of said County;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph II of Section VI of Article 7 of the Constitution authorizing the Legislature to enact laws authorizing the County of Chatham to create a retirement fund and system of retirement pay for county employees of said county."

MoNDAY, FEBRUARY 22, 1937.

1131

If the people ratify such amendmen.t by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 4. Be it further enacted by the authority afore-

said that all laws and parts of laws in conflict with this Act

be and the same are hereby repealed.



The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, 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:

Allen Almand Atkinson Atwood Aultman Brock Chason Clements Ennis Forrester Fowler Greer Griner

Hampton Hardman Harrell Harrison Holmes Jackson Johnson Kimbrough Knabb Lindsay McKenzie Millican Moye

Neely Patten Peebles Phillips Pope Pruett Shedd Sikes Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 39, the nays 0.

The bill having received the requisite twa-thirds constitutional majority was passed.

1132

JOURNAL OF THE SENATE,

Those not voting were: Senators Burgin of the 24th District, Burrell of the 40th District, Flynt of the 26th District, Horne of the 20th District, Jones of the 38th District, McCutchen of the 43rd District, Peterson of the 15th District, Puriom of the 46th District, Sammon of the 51st District, Shannon of the 21st District, and Sutton of the 47th District.

By Senator Terrell of the 19th District-
Senate Bill No. 124. A bill to amend Title 73 of the Code of Georgia for the purpose of preventing deception, substitution, and misbranding in the storing, selling or offering for sale of liquid fuels, lubricating oils, greases and/or other similar products, and for other purposes.
Senator McKenzie of the 48th District moved the previous question on Senate Bill No. 124 and the call was sustained.
The main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Knabb of the 4th District-
Senate Bill No. 125. A bill to amend Sections 13-501 and 13-2005 of the 1933 Code of Georgia relating to publication of reports of State Banks and semi-annual examinations of State Banks by Directors, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.

MoNDAY, FEBRUARY 22, 1937.

1133

The bill having received the requisite constitutional majority was passed.

By Senators McCutchen of the 43rd District, Atkinson of the 1st District, and Almand of the 50th District-
Senate Bill No. 131. A bill to amend the Act of February 14, 1935, defining the status of the Regents of the University System, by striking that part of Section 3, page 171 of the 1935laws, which requires fees and proceeds of sales to be transmitted to the State Treasurer, and for other purposes.
Senator Atkinson of the 1st District offered the following amendment to Senate Bill No. 131:
By adding a section to be known as Section 2, as follows:
"Section 2. All laws and parts of laws in conflict herewith are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Harrison of the 17th District-
Senate Bill No. 132. A bill to add a road on the TraylorNeill map from Millen, Jenkins County, to Girard, Burke County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.

1134

J<?URNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Senator Lindsay of the 34th District-
Senate Bill No. 135. A bill to amend Section 55-201 of the 1933 Code by providing that Superior Court Judges shall not, except in certain cases, grant an ex parte interlocutory injunction to restrain duly constituted city electricians on condemning faulty electrical wiring installation within the city limits, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Atwood of the 2nd District-
Senate Bill No. 137. A bill relieving owners from all boat fees, pickers' fees and special taxes imposed upon the gathering of oysters from privately owned cultivated oyster beds in this State, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Williams of the 5th District, Atkinson of the 1st District, and others-
Senate Bill No. 7. A bill to amend Code Section 37-607
relating to the construction and manner of exercise of powers of sale in deeds, etc., was taken up for the purpose of considering the following House amendments thereto:

MoNDAY, FEBRUARY 22, 1937.

1135

Mr. Elliott of Muscogee:
Moves to amend Senate Bill No. 7 by striking from Section 1 tht:reof the following words in the second sentence of said amended section:

"In the absence of stipulations to the contrary tn the instrument."

Mr. Bennett of Ware:
Moves to amend Senate Bill No. 7 by inserting the word "heirs" after the word "heir" wherever it appears in said bill.

Mr. Bennett of Ware: Moves to amend by striking the words "near or remote" from said bill wherever same appear.
On motion of Senator Williams of the 5th District, the Senate agreed to the House amendments to Senate Bill No.7.

Senator Lindsay of the 34th District asked unanimous consent that the following bill of the House be withdrawn from the committee on General Judiciary No. 1, read a second time, and recommitted to the committee on General Judiciary No. 1:

By Mr. Sutton of Wilkes and others-
House Bill No. 121. A .bill to create a committee for the investigation of State affair~, ~nd for other purposes.
'.
The consent was granted, the bill given a second reading, and recommitted to the Committee on General Judiciary No.1.

The following communication from His Excellency, the Governor, was read:

1136

JOURNAL OF THE SENATE,

HoN. JoHN B. SPIVEY, President, and Members of the Senate, State Capitol, Atlanta, Georgia.

February 19, 1937.

Dear Mr. President and Senators:
I submit herewith a preliminary report of the Survey of County and Municipal Fiscal Affairs, relating to the effect of possible property tax exemptions in Georgia, for your attention, consideration and direction.
Respectfully,
E. D. RIVERS, Governor.

A PRELIMINARY REPORT
OF THE

SURVEY OF COUNTY AND MUNICIPAL FISCAL AFFAIRS

RELATING TO
"THE EFFECT OF POSSIBLE PROPERTY TAX EXEMPTIONS IN GEORGIA"

A PROJECT SPONSORED BY THE

UNIVERSITY OF GEORGIA AND ASSOCIATION COUNTY COMMISSIONERS

IN CO-OPERATION WITH THE

WORKS PROGRESS ADMINISTRATION

0. P. 165-34-6999

GEORGIA

FEBRUARY 1 9 3 7.

MoNDAY, FEBRUARY 22, 1937.

1137

PRELIMINARY REPORT UPON
THE EFFECT OF POSSIBLE PROPERTY TAX EXEMPTION IN GEORGIA.
I. INTRODUCTION.
The data presented in the following pages was gathered and analyzed under the auspices of the Survey of County and Municipal Fiscal Affairs. The survey itself is one of the statistical projects of the Works Progress Administration, sponsored jointly by the University of Georgia and the Association County Commissioners. Only a small part of the work contemplated by the survey, however, is concerned with the exemption data; and with respect to this report, it must be regarded solely as a very condensed and preliminary analysis of what may be the anticipated effect upon State, County and school revenues if property tax exemptions are enacted into law.

In a preliminary report, as this is designed to be, it should be emphasized from the outset that both the tabulations and the conclusions therefrom are essentially tentative in nature. Nevertheless, in spite of the limited time alloted to both the gathering and the analysis of the data, reasonably reliable judgments may be derived from a study of the material as herein presented.

No workable statistics were available that could give any reliable indication as to the possible effect of property tax exemptions. It was necessary to go directly to the copies of the tax digests as submitted by the counties to the State Revenue Commission. Since the actual present effect of property exemptions was desired, the 1936 tax digests were chosen. From these records the total number of owneroccupied farms, of owner-occupied non-farm homes, and the total number of household and kitchen furniture returns were tabulated. The methods used in distinguishing these types of ownership, as reported in the tax digests, will be indicated later in discussions of the tabular material.

1138

JOURNAL OF THE SENATE,

The complete report on all of the data thus obtained from the tax digests must await presentation at a later date. With data for each of the 159 counties, the possible effect upon the revenue of individual county governments can be charted. The necessary calculations require much time and a great deal of painstaking labor. For the present, this brief summary report must suffice.
L.B.R.

II. SUMMARY AND CONCLUSIONS.
1. Homestead exemptions on owner-occupied farms and owner-occupied non-farm homes, as based on the 1936 tax digests, will together remove approximately the following percentages of the total tax valuations available for county purposes.
a. A $5,000 exemption will remove approximately 24.3 per cent.
b. A $4,000 exemption will remove approximately 22.3 per cent.
c. A $3,000 exemption will remove approximately 20.8 per cent.
d. A $2,500 exemption will remove approximately 19.7 per cent.
e. A $2,000 exemption will remove approximately 18.2 per cent.
f. A $1,500 exemption will remove approximately 16.1 per cent.
g. A $1,000 exemption will remove approximately 13.2 per cent.
h. A $500 exemption will remove approximately 8.2 per cent.

MoNDAY, FEBRUARY 22, 1937.

1139

2. The approximate loss to the State in dollars for the combined owner-occupied farms and owner-occupied nonfarm homes at the various exemption levels is as follows:
a. A $5,000 exemption will mean a loss of $840,198.90. b. A $4,000 exemption will mean a loss of $783,891.90. c. A $5,000 exemption will mean a loss of $725,226.60. d. A $2,500 exemption will mean a loss of $884,474.60. e. A $2,000 exemption will mean a loss of $631,236.90. f. A $1,500 exemption will mean a loss of $558,693.30. g. A $1,000 exemption will mean a loss of $452,554.80. h. A$ 500 exemption will mean a loss of $284,931.00.

3. The approximate loss to the Counties in dollars for the combined owner-occupied farms and owner-occupied non-farm homes at the various exemption levels is as follows:
a. A $5,000 exemption will mean a loss of $3,360,795.60. b. A $4,000 exemption will mean a loss of $3,155,576.60. c. A $3,000 exemption will mean a loss of $2,900,906.40. d. A $2,500 exemption will mean a loss of $2,737,898.40. e. A $2,000 exemption will mean a loss of $2,524,947.60. f. A $1,500 exemption will mean a loss of $2,234,773.20. g. A $1,000 exemption will mean a loss of $1,810,219.20. h. A$ 500 exemption will mean a loss of $1,139,724.00.

4. The approximate loss in County-wide school tax revenues for the combined owner-occupied farms and owneroccupied non-farm homes at the various exemption levels is as follows:
a. A $5,000 exemption will mean a loss of $619,003.00.

1140

JouRNAL or THE SENATE,

b. A $4,000 exemption will mean a loss of $574,683.00. c. A $3,000 exemption will mean a loss of $544,510.50. d. A $2,500 exemption will mean a loss of $522,375.00. e. A $2,000 exemption will mean a loss of $492,247.50. f. A $1,500 exemption will mean a loss of $445,074.00. g. A $1,000 exemption will mean a loss of $375,135.00. h. A $ 500 exemption will mean a loss of $342,962.60.

5. The approximate loss in School District tax revenues for the combined owner-occupied farms and owner-occupied non-farm homes at the various exemption levels is as follows:
a. A $5,000 exemption will mean a loss of $495,202.40.
b. A $4,000 exemption will mean a loss of $459,746.40. c. A $3,000 exemption will mean a loss of $435,608.40.
d. A $2,500 exemption will mean a loss of $417,900.00. e. A $2,000 exemption will mean a loss of $393,798.00.
f. A $1,500 exemption will mean a loss of $356,059.20. g. A $1,000 exemption will mean a loss of $300,106.40.
h. A$ 500 exemption will mean a loss of $194,369.60.

6. The approximate loss in Municipal tax revenues for the combined owner-occupied farms and owner-occupied farm homes at the various exemption levels is as follows:
a. A $5,000 exemption will mean a loss of $1,875,188.40.
b. A $4,000 exemption will mean a loss of $1,756,328.40.
c. A $3,000 exemption will mean a loss of $1,594,081.20.
d. A $2,500 exemption will mean a loss of $1,484,198.40.

MoNDAY, FEBRUARY 22, 1937.

1141

e. A $2,000 exemption will mean a loss of $1,343,553.60. f. A $1,500 exemption will mean a loss of $1,166,595.60. g. A $1,000 exemption will mean a loss of$ 909,900.00. h. A $ 500 exe~ption will mean a loss of$ 556,615.20.

7. The approximate total loss in State, County and School District revenues for the combined owner-occupied farms and owner-occupied non-farm homes at the various exemption levels is as follows:
a. A $5,000 exemption will mean a loss of $7,190,388.30. b. A $4,000 exemption will mean a loss of $6,710,217.30. c. A $3,000 exemption will mean a loss of $6,200,333.10. d. A $2,500 exemption will mean a loss of $5,946,846.40. e. A $2,000 exemption will mean a loss of $5,385,785.60.
f. A $1,500 exemption will mean a loss of $4,761,195.30. g. A $1,000 exemption will mean a loss of $3,847,913.40.
h. A $ 500 exemption will mean a loss of $2,418,601.80.

8. Of the aggregate value of all city real estate, amounting to $402,180,297.00 as reported by the 1936 tax digests, exemptions at the different levels will remove the following percentages:
a. A $5,000 exemption will remove approximately 33.9 per cent.
b. A $4,000 exemption will remove approximately 31.9 per cent.
c. A $3,000 exemption will remove approximately 29.2
per cent.
d. A $2,500 exemption will remove approximately 27.4 per cent.

1142

JOURNAL OF THE SENATE,

e. A $2,000 exemption will remove approximately 24.9 per cent.
f. A $1,500 exemption will remove approximately 21.7 per cent.
g. A $1,000 exemption will remove approximately 17.1 per cent.
h. A $500 exemption will remove approximately 10.4 per cent.

9. Of the aggregate value of household and kitchen furniture, amounting to $30,431,367.00 as reported by the 1936 tax digests, exemptions at different levels will remove the following percentages:
a. A $300 exemption will remove approximately 99.3 per cent.
b. A $200 exemption will remove approximately 78.2 per cent.
c. A $100 exemption will remove approximately 45.8 per cent.
d. A $50 exemption will remove apprpximately 31.8 per cent.
e. A $25 exemption will remove approximately 25.0 per cent.

10. The inability of the State Revenue Commission effectively to control assessment valuations has resulted in competjtive under-assessment, so that most of the counties, in effect, have already provided themselves with property tax exemptions.

III. THE EFFECT OF POSSIBLE EXEMPTIONS ON OWNER-OCCUPIED FARMS.
No student of public finance will deny that the general property tax has resulted in placing an unequal burden upon

MoNDAY, FEBRUARY 22, 1937.

1143

the owners of farm property. For the most part, counties in Georgia are forced to look to tangible real estate for revenues in supporting local services. But to whatever extent farm real estate is relieved of taxation, either alternate forms of taxation must of necessity be adopted, or public services now performed by the counties must be assumed by the State. Neither of these alternatives can be considered in this report, but the adoption of either depends upon the amount of taxable values to be removed from the digests with the adoption of homestead exemptions.
Table I in the following shows the total amount of taxable values removed from the tax digests by exemptions at va:.. rious levels. These values are in turn translated to percentages both of the total digests and of the total value of wild and improved lands within the State. By applying these percentages to the State revenue derived from the general property tax for county purposes, or to the county revenues as a whole, some idea may be gained as to the loss of revenue both to the State and to the counties.
TABLE 1. Property Values Removed from Digests by Possible Exemptions on Owner-Occupied Farms.

Possible Exemption

Amount Removed

Exemption oL ______ $ 500 Exemption oL ______ 1,000 Exemption oL ______ 1,500 Exemption oL ______ 2,000 Exemption oL ______ 2,500 Exemption oL ______ 3,000
Exemption oL ______ 4,000 Exemption of_______ 5,000

$ 45,991,750 70,780,750 84,119,000
92,548,000 98,387,500 102,687,750 108,717,250
121,062,250

Percent of Per cent of Total Digest Farm Values

4.3

19.6

6.7

30.1

7.9

35.8

8.7

39.4

9.3

41.9

9.7

43.7

10.2

46.3

11.4

51.5

Some explanation may be in order as to the method of arriving at the figures presented in the table. Tabulators were employed to determine the actual number of farms re- ported within each of the value brackets. That is to say, the tabulators determined the number of farms reported at values up to $500, the number reported between $500 and

1144

JouRNAL OF THE SENATE,

$1,000, and so on through the other value brackets. The number of farms in each group was multiplied by a selected point within the group. Actual tests were run on several counties to establish the reliability of these figures. At any particular exemption level the returns at less than the chosen figure were valued at the selected point, while the returns above the exemption level were multiplied by the possible exemption. In other words, the exemption would apply to all farms, but since the amount removed from the digests would depend upon the number of farms reported at figures below the exemption level, the chosen point had to be observed for such returns.

It should be mentioned, further, that no one by an inspection of the tax digests can determine whether a particular return represents a farm or other type of non-city real . estate. Only those returns for wild and improved land, therefore, which included returns for horses and mules and farming equipment, and for household and kitchen furniture were counted as farms. This procedure must inevitably admit some taxpayers as landowners who would really not be entitled to the exemption because they do not occupy the farms but do furnish both the land and the equipment to tenants. Nevertheless, the total number of owner-occupied farms does not depart materially from the figures for the 1935 Agricultural census, if consideration is given to the fact that the tabulations as above include farms of less than three acres, which are not included in the census figures.

IV. THE EFFECT OF POSSIBLE EXEMPTIONS ON OWNER-OCCUPIED NON-FARM HOMES.
Table 2 is designed to measure the percentage of taxable values removed by exemptions at selected levels. In constructing this table the same procedure as ou dined for farm exemptions was observed.

MoNDAY, FEBRUARY 22, 1937.

1145

TABLE 2. Property Values Removed from Digest by Possible Exemptions on Owner-Occupied Non-Farm Homes

Possible Exemptions

Amount Removed

Exemption oL ______ $ 500 Exemption oL ______ 1,000 Exemption of___ ____ 1, 500 Exemption oL ______ 2, 000 Exemption of_______ 2,500
Exemption oL ______ 3,000 Exemption of. ______ 4,000 Exemption of_______ 5,000

$ 41,672,000 68,811,750 87,165,250 100,330,750 110,071,000
117,468,250 128,250,750 136,373,250

Per cent of Per cent of Total Digest City Property

3.9 6.5 8.2
9.5 10.4 11.1 12.1 12.9

10.4 17.1 21.7
24.9
27.4 29.2 31.9
33.9

Painstaking tabulations were made of the number of returns reported in each group. As in the case of owneroccupied farms, some makeshift was necessary in distinguishing the returns for owner-occupied homes from the returns for rented homes or for other city real estate. The simultaneous return of household and kitchen furniture with a return for a dwelling house was taken as a test of home ownership. By this method an apparent understatement, as well as the overwhelming tendency towards under-assessment in values for tax purposes is set forth in Table 3.

TABLE 3. The Number of Non-Farm Owner-Occupied Homes Tabulated in the Survey as Compared v.ith the Number Reported in the 1930 Census.

Values
Under $1,000__________________________ _ $1,000 to 1,500__________________________ _ 1,500 to 2,000__________________________ _ 2,000 to 3,000__________________________ _ 3,000 to 5,000__________________________ _
Over 5,000 ______________ _: _________ _
Total______________________________ _

1930 Census
23,756 11,138
8,127 14,880 20,915 33,093
111,909

Survey Figures
58,129 12,472 8,280 9,372 6,407 6,415
101,075

IV. EXEMPTION ON HOUSEHOLD AND KITCHEN FURNITURE.
Table 4 is designed to show the percentages of property

1146

JOURNAL OF THE SENATE,

values removed from the tax digests on the basis of exemptions at various levels.

The actual number of household and kitchen furniture returns iri each class was tabulated. The returns in each class were then converted to dollar valuations by multiplying the number of such returns by the midpoint of each class value.

TABLE 4. Property Values Removed from Digest by Possible

Exemptions on Household and Kitchen Furniture.

Per cent of --

Amount Per cent of Household

Possible Exemptions

Removed Total Digest Furniture

Value

Exemption oL ________ $ 25 . $ 7,578,025

.7

25.0

Exemption oL ________ 50 9,633,572

.9

31.8

Exemption oL ________ 100 13,885,722

1.3

45.8

Exemption oL ________ 200 23,706,222

2.2

78.2

Exemption oL ________ 300 30,098,172

2.8

99.3

VI. LOSSES IN TAX REVENUES FROM HOMESTEAD EXEMPTIONS.
The following tables present figures as to the actual loss in tax revenues under homestead exemptions at selected levels.
Table 5 shows the combined loss in revenue for exemptions on both owner-occupied farms and owner-occupied city homes, while Tables 6 and 7 show the breakdown for the city homes and the farms separately. Mr. Thrasher of the Comptroller General's Office has prepared these tables as based upon tabulations furnished him. The column headings should be self-explanatory.
A description of the actual mechanics used in constructing the tables may be helpful. Figures shown in Table 6 may be used in illustration of the procedure. In the column headed "Number," the Table shows 35,456 homes reported

MoNDAY, FEBRUARY 22, 1937.

1147

at less than $500.00 value for taxable purposes, and 67,950

homes reported at above $500.00. Multiplying 35,456 by

the assumed average returned value of $350.00 gives

$12,409,600.00 as the total returned value of the homes that

would be entirely eliminated from the tax digest by an ex-

emption of $500.00. The homes reported at above $500

would not be entirely eliminated from the digest, but by

multiplying 67,950 by $500.00, the actual value removed is

obtained, amounting to $33,975,000. By applying the mill-

age rates of the various taxing units to the combined totals

of both groups of homes, the actual loss in dollars and cents

is shown for each unit in succeeding columns.



In calculating the effect of an exemption of $1,000 the same procedure as outlined in the above was observed. For the 22,673 homes reported at valuations between $501.00 and $1,000.00 the value removed from the digest would be $18,138,400.00 at an assumed average of $800.00 for homes within the group. For the 45,277 homes reported at valuations above $1,000 the value removed from the digest would .be $45,277,000.00. In compq.ting the loss in the State tax, the values removed from the digest were multiplied by the three-mill rate, amounting to $54,415.20 for the $501-$1;000 group, and $135,831.00 for the group "Above $1,000." To these two totals was added the $37,228.80 loss on the $1$500 group, making a total loss in State revenues of $227,475.00 on the basis of an exemption of $1,000 on owner-occupied homes and farms. Similar calculations were made for each taxing unit.
Calculations in th~ loss of tax revenues for each of the succeeding exemption levels follow the same procedure. The loss at any level includes (a) the loss in taxable values resulting from an exemption on those homes reported at values in excess of the exemption value, and (b) the loss in taxable values at values representing averages for class-intervals of $500.00 below $3,000 and class intervals of $1,000.00 above $3,000.00.

.

..

'

1-'

TABLE 5~~ COMBINED LOSSES IN TAX REVENUES FROM OWNER-OCCUPIED CITY HOMES AND FARMS

~

UNDER EXEMPTIONS AT DIFFERENT LEVELS. VARIOUS CLASSIFICATIONS SHOWING

oo

LOSSES IF EXEMPTION IS MADE OF FIXED AMOUNT OF VALUE

Classification

CountyWide School Dist. Municipal

State Tax County Tax School Tax

Tax

Tax

.003

.012

.005

.012

.012

Total Exemption Each Class

RETURNED VALUE BETWEEN

.. $1-500.... ____ .... _..Homes $139' 153 .80 $ 556' 615 .20 $. 556,615.20 $1,252,384.20 ~ ................................. .......................................

And Above................Farms 145,777.20 583,108.80 $ 242,962.00 $ 194,369.60 .................................... 1,166,217.60 ~

Loss $500 Exemption______________ $284,931.00 $1,139,724.00 $ 242'962 .00 $ 194,369.60 $ 556,615.20 $2,418,601.80

.oo $501-1,000_________________ Homes $227,475.00
And Above................Farms.. 225,079.80

$

909 '900 900,319.20

$---3-7--5-,1--3-3-.0--0-

....................................
$ 300,106.40 -

$ 909,900.00
--------------

$2,047,275.00 1,800,638.40

0c::
z:;.:1 >
t" 0

'

Loss $1,000 Exemption. ________ . __ $452' 554 .80 $1,810,219.20 $ 375, 133 .GO $ 300,106.40 $ 909'900 .00 $3,847,913.40 "::

$1,001-1,500...... _... __ ..Homes And Above........ _.......Farms

$291,648.90 267,044.40

$1,166,595.60 1,068,177.60

$---4-4-5-,-(Y--7-4-.0-0-

________ ., _____ $ 356,059.20

$1,166,595.60
-------------

$2,624,840.10 2,136,355.20

~
t>1

CJ)

z Loss $1,500 Exemption... ~ .... _.. _$558,693.30 $2,234,773.20 $ 445,(Y74.00 $ 356,059.20 $1,166,595.60 $4' 761' 195 .so t>1

.. $1,501-2,000. ______________ Homes
And Above...............Farms

$335' 888 .40 295,348.50

$1,343,553.60 1,181,394.00

$---4--9-2-,2--4-7-.5--0-

$---3--9-3-,7--9-8-.0--0-

$_1__,3__4_3.,.5_5__3_.6__0_

$3,022,995.60 2,362,788.00

>
....,)
t>1

Loss $2,000 Exemption.. ___ ...... _ $631,236.90 $2,524,947.60 $ 492,247.50 $ 393,798.00 $1,343,553.60 $5,385,783.60

2,001-2,500 . . . . . . . . . . . . . . Homes And Above _______________ Farms

$371 '049 .60 313,425.00

$1,484,198.40 1,253,700.00

--------------
$ 522' 375 .00

r4i7~ooo~oo-

$1,484,198.40
--------------

$3,339,446.40 2,507,400.00

Loss $2,500 Exemption.. ---------- $684,474.60 $2,737,898.40 $ 522,375.00 $ 417,900.00 $1,484,198.40 $5,846,846.40

TABLE 5. COMBINED LOSSES IN TAX REVENUES FROM OWNER-OCCUPIED CITY HOMES AND FARMS
UNDER EXEMPTIONS AT DIFFERENT LEVELS. VARIOUS CLASSIFICATIONS SHOWING LOSSES IF EXEMPTIONS IS MADE OF FIXED AMOUNT OF VALUE

CountyWide School Dist. Municipal

Total

Classification

State Tax County Tax School Tax

Tax

Tax

Exemption

.003

.012

.005

.012

.012

Each Class

~

$2.,501-3,000. _____________ .Homes And Above________________ Farms

$398,520 .3o 326,706.30

$1,594,081.20 1,306,825.20

-------------- .............................

$1,594,081.20 $3,586,682.70

$ 544,610.50 $ 435' 608 .40 ............................ 2,613,650.40

Less $3,000 Exemption ____________ $725,226.60 $2' 900.906 .40 $ 544,510.50 $ 435,608.40 $1,594,081.20 $6,200,333.10

z0
0
--~

$3,001-$4,ooo ______________ Homes And Above________________Farms

$439,082.10 344,809.80

$1 '756 ,328 .40 1,379,239.20

.................................
$ 674,683.00

$---4--5-9-,7--4-6-.-4-0-

$1,756,328.40
--------------

$3,951,738.90 2, 758,478.40

l'%j
ttl t:l:l )':1

Loss $4,000 Exemption ____________ $783,891.90 $3,135,567.60 $ 574,683.00 $ 4.59,746.40 $1,756,328.40 $6,710,217.30 >c:::

$4,001-5,000. ______________ And Above ________________

H o m e s __ Farms

$468,795.10 871,401.80

$1,875,188 .40 1,485,607.20

$---6-1--9,-0-0-3-.0--0-

$---4-9--5-,2--0-2-.4--0-

$1,875,188 .40
--------------

$4,219,173.90 2,971,214.40

Loss $5,000 Exemption____________ $840,198 .90 $3,860,795.60 $ 619,003.00 $ 495,202.40 $1,875,188.40 $7,190,388.30

. :;P~

~
-J5
<:0
1:,1)

~

;:_

,,__..

,j:>.. <:0

..... g TABLE 6. LOSSES IN TAX REVENUES FROM OWNER-OCCUPIED NON-FARM HOMES UNDER EX,EMPTIONS ,....
AT DIFFERENT LEVELS. THIS CLASSIFICATION COVERS ONLY SUCH PROPERTY ON THE DIGEST AS COULD BE IDENTIFIED AS HOMES-NO COMBINATION STORE-0\l/NED NOR APARTMENT HOUSES INCLUDED.

Class Returned Value

Average Present

Total

Number Returned Tax

Returned

Value All Units Value

State Tax
.003

County Tax .012

Municipal

Total

Tax

Exemption

.012

Each Class

Less than $500_________ 35,456 $ 350.00 $ 9.45 $12,409,600.00 $ 37,228.80 $ 148,915.20 $ 148,915.20 $ 335,059.20

Above $5()()____________ - 67,950 500.00 14.25 33,975,000.00 101,925.00 407,700.00 407,700.00 915,325.00 ~

Loss $500 Exemption_,_ -------- ---------- ---------- -------------- $139,153.80 $

556,615.20 $

556,615.20 $1,252,384.20

0c::
:>::1

- - A5b0o1v-e1,0$10,00-0-0- -_-__--__-_-_-_-_-_-_-

22,673 45,277

$ 800.00 $1,000.00

$

21.60 28.50

$18,138,400.00 $54,415.20 $ 217,660.80 $ 217,660.80 $ 489. 736 .80 ~
45. 277.000 .00 135,831.00 543,324.00 543,324.00 1,222,479.00 t"'
0

Loss $1,000 Exemption_ -------- ---------- ---------- -------------- $227,475.00 $ 909,900.00 $ 909,900.00 $2,047,275.00 'oj

A1b,0o0v1e-1$,15,50000_-_-__-_-_-_-_-_-_-_-_-

12,472 32,805

$1,400.00 1,500.00

$

37.80 42.75

$17,460,800.00 $ 52,382.40 $ 209,529.60 $ 209,529.60 $ 471,441.60 49,207,500.00 147,622.50 590,490.00 590,490.00 1,328,602.50

~
ttl

C/)

Loss $1,500 Exemption_ -------- ---------- ---------- -------------- $291,648.90 $1,166,595.60 $1,166,595.60 $2,624,840.10

$A1b,o5v0e1-$22,,000000__-_-_-_-_- _-_-_-_-_-_-

8,280 24,525

$1,800.00 2,000.00

$

48.60 57.00

$14,904,000.00 $ 44,712.00 $ 178,848.00 $ 178,848.00 $ 402,408.00 49,050,000.00 147,150.00 588,600.00 588,600.00 1,324,350.00

ttl
~
>-l
J'l

Loss $2,000 Exemption_ -------- ---------- ---------- -------------- $335.888 .40 $1,343, 5E.S .60 $1,343,553.60 $3,022,995.60

$A2b,0o0v1e-2$,25,05000_-_-_-_-__-_-_-_-_-_-_-

5,421 19,104

$2,400.00 2,500.00

$

64.80 71.25

$13,010,400.00 $ 39,031.20 $ 156 ,124 .80 $ 156,124.80 $ 351,280 .80 47,760,000.00 143,280.00 573,120.00 573,120.00 1, 289,520.00

Loss $2,500 Exemption_

~
---------- ---------- -------------- $371,049.60 $1,484,198 .40 $1,484,198.40 $3.339.446 .40

TABLE 6. LOSSES IN TAX REVENUES FROM OWNER-OOOUPIED NON-FARM HOMES UNDER EXEMPTIONS AT DIFFERENT LEVELS. THIS OLASSIFIOATION OOVERS ONLY SUOH PROPERTY ON THE DIGEST AS OOULD BE IDENTIFIED AS HOMES-NO OOMBINATION STORE-OWNED NOR APARTMENT HOUSES INCLUDED.

Average Present Total

State Oounty Municipal Total

Olass

Number Returned Tax

Returned

Tax

Tax

Returned Value

Value All Units Value

.003

.012

Tax .012

s= Exemption
Each Olass 0z

A~.b1o50v1e-3$,30,0000.0_-_-_-_-__-_-_-_-_-_-

8,951 15,158

$2,900.00 3,000.00

$

78.80 85.50

$11,457,900.00 $ 34,373.70 $ 45,459,000.CO 136,377.00

187 ,494 .80 $ 545,508.0C

187,494 .so $ 809,363.80
545,508.00 1,227,398.00

>t:l
..>. <

"%j

"' LoBJ $3,000 Exemption. -------- ---------- --------- -------------- $898,520.80 $1,594,081.20 $1,594,081.20 $8,586,682.70 1'1

$A3b,o0v0e1$-44,,000000_._-_-_-_--_-_-_-_-_-_-

4,081 11,072

$3,600.00 4,000.00

$ 87.20 114.00

$14,691,600.00 $ 44,074.80 $ 176,299.20 $ 176,299.20 $ 896,673.20 44,288,000 .00 182,864.00 581,456.00 581,456.00 1,195, 776.00

c~:: >

Loss $4,000 Exemption. -------- ---------- ---------- -------------- $489,082.10 $1,765,328.40 $1,756,828.40 $8,951,788.90

~
t-:)

.... $A4b,o0v0e1$-65,,000000_._-_-_-_-_--_-_-_-_-_- .

2,834 8,738

$4,500.00 5,000.00

$ 121.50 142.50

$10,508,000.00 $81,509.00 $ 1~,036.00 $ 126,086.00 $ 288,581.00 ,.t-=> 48,690,000 .00 181,076.00 524,280.00 524,280.00 1,179,680.00

~

Loss $5,000 Exemption. -------- ........................ ---------- -------------- $468,797.10 $1,875,188.40 $1,875,188.40 $4,219,173.90

CiJ
:--I

........ C...).l

Olass

TABLE 7. LOSSES IN TAX REVENUES FROM OWNER-OOOUPIED. FARMS UNDER EXEMPTIONS OF DIFFERENT LEVELS

..........
~

Average Present Total

Number Returned Tax

Value

Value AllUnits for Olass

State
Tax
.003

Oounty
Tax .012

' Oounty
Wide School Tax .005

Local

School

Total

District Exemption

Tax .004

$1-500....... ~-- --.---- _. Above $500. _

51,958 66,010

'

530000..0000 $

7.20 12.00

$15,587,400 $ 46,762.20 $ 187,048.80 $ 77,937.00 $ 82,349.60 $ 374,097.60 33,005,000 99,015.00 396,060.00 165,025.00 132,020.00 792,120.00

Loss $500 Exemption ................ ---------- ---------- ----------- $145,777.20 $

A5b0o1v-e1$,010,000-0-_-_-_-_--_-_-_-_-_-_-_-

82,854 $ 800.00 $ 33,156 1,000.00

19.20 24.00

$26' 283 ,200 $ 78,849.60 $ 33,156,000 99,468.00

583,108.80 $242,962.00 $194,369.60 $1,166,217.60 315,398.40 $131,416.00 $105,132.80 $ 630/l96.80 397,872.00 165,780.00 132,624.00 795,744.00

'-
0c::
~
~

-------- ----------- Loss $1,000 Exemption_

........................ .....................

$225,079.80 $

$A1b,o0v0e1-$11,,550000_.-_-_-_-_-_-_-__-_-_.

12,949 20,207

$1,300.00 1,500.00

$

31.20 36.00

$16,833,700 $ 50,501.10 $ 30,310,500 90,931.50

900,319.20 $375,133.00 $300,106.40 $1,800,638.40
202' 004 .40 $ 84,168.50 $ 67,334.80 $ 404.008 .so
363,726.00 151,552.50 121,242.00 727,452.00

t"'
0
'"l
~

-------- Loss $1,500 Exemption.

---------- ...................... ----------- $267,044.40 $1,068,177.60 $445,074.00 $356' 059 .20 $2,136,355.20 tr.l

U'J

$1,601-2,000. ---~------ 6,688 $1,900.00 $ 45.60 $12 '707. 200 $ 38,121.60 $ 152,486.40 $ 63,536.00 $ 50,828.80 $ 304,9'72.80 tr.l

z Above $2,000..
.-
-------- . Loss $2,000 ~xemption.

13,519

2,000.00 48.00 27,038.000 81,114.00 324,456.00 135,190.00 108,152.00 648,912.00
---------- ---------- ....................... $295,348.50 $1,181,394.0C. $492,247.50 $393 '798 .00 $2,362,788.00

>
~
tr.l

$A2b,0o0v1e-$$22,,550000.. __-_-_-_-___-_-_.

3,670 $2,300.00 $ 55.20 9,849 2,500.00 60.00

$ 8,441,000 $ 25,323.00 $ 101,292.00 $ 4.2,205.00 $ 33,764.00 $ 202' 584 .00 24,622,500 73,867.50 295,470.00 123,112.50 98,490.00 590,940.00

Loss $2,500 Exemption_ ................. ---------- ................... ----------- $313,425.00 $1 '253 '700 .00 $522,375 .00 $417,900.00 $2,507,400.00

TABLE 7. LOSSES IN TAX REVENUES FROM OWNER-OOOUPIED FARMS UNDER EXEMPTIONS OF DIFFERENT LEVELS

Olass

Average Present Total

Number Returned Tax

Value

Value All-Units for Olass

State Tax .003

Oounty Tax .012

Oounty Wide School
Tax .005

Local School District Tax .004

Total Exemption

s=

$A2b,o5v0e1$-33,,000000.._-_-_-_--_-_-_-_-_-_-

2,487 $2,800.00 7,362 8,000.00

$67.20 6,936,000 $ 20,890.80$ 83,563.20 $ 84,818.00 $ 27,854.40 $ 167,126.40 0
72.00 22,086,000 66,258.00 265,082.00 110,480.00 88,844.00 M0,064.00 ~

------- Loss $3,000 Exemption.

---------- ---------- ........................ $826,706 .so $1,806,825.20 $544,510.50 $485, 608 .40 $2,618,650.40 ,;><

$A8b,o0v0e1$-44,,000000_._-_---_-_-_-_-_-_-_-

2,655 $8,600.00 $ 84.00 $ 9,292,600 $27,877.50 $ 111,510.00 $ 46,462.50 $ 87,170.00 $ 228,020.00 4,707 4,000.00 96.00 18,828,000 56,484.00 225,936.00 94,140.00 75,812.00 451,872.00

. Loss $4,000 Exemption. ................. ...................... ..................... ----------- $844,809.80 $1,879,239.20 $574,683.00 $459,746.40 $2,758,478.40

1-rj
=ttl
>cliC:I

fA4b,0o0v1e-5$,50,0000.0-. -__-__._______

1,505 $4,600.00 $ 110.40 3,202 5,000.00 120.00

'6,923,000 $ 20,769.00$ 16,010,000 62,807.00

83,076.00 $ 84,615.00 $ 27,692.00 $ 166,152.00 249,228.00 108,845.00 83,076.00 498,456.00

~

~ ............. Loss $5,000 Exemption.

................ .. ............... ....................... $871,401.80 $1,485,607.20 $619,008.00 $495,202.40 $2,971,214.40

.....

co

Col)

:-l

..........
01 t,l.:l

1154

JouRNAL oF THE SENATE,

The following privilege resolutions were read and adopted:

By Senator Pope of the 7th District-
A resolution extending the privileges of the floor to Hon. Roy A. Bell, Mayor of the City of Cairo and an outstanding lawyer of Georgia.

By Senator McKenzie of the 48th District-
A resolution extending the privileges of the floor to Hon. John Darsey, former Senator from the 48th Senatorial District.

By Senator Harrison of the 17th District-
A resolution extending 'the privileges of the floor to Hon. Ben A. Neal, Editor of The Millen News of Millen, Georgia.

Senator Harrell of the 12th District moved that the
Senate do now adjo'urn and the motion prevailed.

The President ant1ounced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A.M.

TuESDAY, FEBRUARY 23, 1937.

1155

SENATE CHAMBER, ATLANTA, GA., TUESDAY, FEBRUARY 23, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.

Prayer was offered by the Chaplain.

Senator McK~nzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.

Senator Terrell of the 19th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

Senator Aultman of the 23rd District asked unanimous

consent that the reading of the Journal be dispensed with

and the consent was granted.

-

The Journal was co.nfirmed.

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today:
1. Introduction of new matter under the rules.
_2. Reports of standing committees.
3. Secop.d reading of Senate and House bills and resolutions favorably reported.
4. First reading and reference of House bills and resolutions.

1156

JouRNAL oF THE SENATE,

5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted
The following bills of the Senate were introduced, read the first time, and referred to the committees:
By Senator Atkinson of the 1st DistrictSenate Bill No. 144. A bill to further regulate the busi-
ness of taking salary assignments; to provide penalties for violations thereof; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Allen of the 31st DistrictSenate Bill No. 145. A bill to amend Title 87, Chapter
87-3 of the 1933 Code to provide a method for refunding bonds of political divisions of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Millican of the 35th District-
Senate Bill No. 146. A bill to amend Chapter 92-58, Title 92 of the 1933 Code, so as to provide for additional duties of the Revenue Commission and its Agents for the collection of taxes due the State for ad valorem taxes against property owned by delinquent or defaulting taxpayers, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Senator Griner of the 45th District-
Senate Bill No. 147. A bill to amend the "Highway Mileage" Act, known as the 'Traylor-Neill Bill" so as to add road beginning in Irwin County and running through Coffee County and Atkinson County, and for other purposes.
Referred to Committee on Highways and Public Roads.

TuESDAY, FEBRUARY 23, 1937.

1157

By Senator Shedd of the 3rd District-
Se.nate Bill No. 148. A bill to amend Chapter 5-9 of the Code relating to the prevention of the introduction within the State of diseases of Honey Bees; to provide expiration date for licenses; and for other purposes.
Referred to Committee on Agriculture.

By Senator Chason of the 8th District-
Senate Bill No. 149. A bill to amend Section 88-105 of the 1933 Code as to the salary of the Director of the Department of Public Health, and for other purposes.
Referred.to Committee on Hygiene and Sanitation.

By Senators Atkinson of the 1st District, Spivey of the 16th District, and Purdom of the 46th District-
Senate Bill No. 150. A bill to regulate the practice of general road and street contracting; to define the terms; to establish a State Licensing Board for Contractors, and for other purposes.
Referred to Committee on State of the Republic.
The following resolution of the Senate was introduced, read the first time, and referred to the committee:

By Senator Allen of the 31st District-
Senate Resolution No. 63. A resolution proposing to the voters of Georgia an amendment to Article 7, Section 7, Paragraph 2 of the Constitution providing for refunded indebtedness by political divisions of this State, and for other purposes.
Referred to Committee on Amendments to the Constitution.

1158

JOURNAL OF THE SENATE,

The following resolutions of the Senate were read and adopted:

By Senators Purdom of the 46th District, Atkinson of the 1st District, Pope of the 7th District, Phillips of the 29th District, and Sutton of the 47th District-
Senate Resolution No. 64. A resolution urging the Georgia delegation in Congress to have the United States Department of Agriculture continue the screw worm control program in Georgia.

By Senator Lindsay of the 34th District-
Senate Resolution No. 65. A resolution extending the sympathy of the Senate to Senator Sammon of the 51st District and wishing for him a speedy recovery.

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and/or resolutions of the House and/or Senate, to-wit:

By Mr. Evans of McDuffie-
Hause Resolution No. 17-67e. A resoludon to designate and name the Thomas E. Watson Highway.

By Messrs. Hill and Joel of Clarke-

House Resolution No. 26-14lc. A resolution expressing

assent of the Legislature of Georgia to provisions and pur-

poses of the Act approved June 29, 1935 (Public No. 182-

74th Congress).



By Mr. Whipple of BleckleyHouse Resolution No. 123. A resolution providing for a

TuESDAY, FEBRUARY 23~ 1937.

1159

joint session at 12:00 o'clock noon, March 3rd, 1937, for a
visit from farmers and stockmen.

By Mr. Parker of Colquitt-
House Bill No. 161. A bill to be entitled an Act to repeal an Act approved August 27, 1931, and Code Section 67-107 of the Code of 1933, and for other purposes.

By Messrs. Erwin of Lamar, Edwards of Thomas, and many others-
House Bill No. 241. A bill to be entitled an Act to prohibit ordinaries of counties from giving legal advice to persons having interest in the proceedings in their courts~ and for other purposes.

By Messrs. Whipple of Bleckley and Groover of Troup-
House Bill No. 284. A bill to be entitled an Act to amend Title 40, Chapter 40-2, Section 40-206 of Georgia Code of 1933, by striking all of said section 40-206 and en~cting in lieu thereof a new section; providing for the suspension of the Comptroller General; and for other purposes.

By Messrs. Kendrick of Fulton, Lanier of Richmond, and Turner of DeKalb-
House Bill No. 316. A bill to be entitled an Act to pr~ hibit the sale of goods on the open market produced by co~ victs in the State of Georgia or any other State; to provide penalties for violation of this Act and to repeal Section 77-323 of Chapter 77-3 of Title 77 of the 1933 Code of Georgia; and for other purposes.

By Messrs. Chappell of Sumter, Hart of Coweta, Lanham of Floyd, and Lewis of Burke-
House Bill No. 371. A bill to be entitled an Act to establish a Committee on Interstate Ca-operation; to provide for

1160

JouRNAL OF THE SENATE,

the manner of appointing or electing members of said committee, etc., and for other purposes.

By Mr. Warnock of Montgomery-
House Bill No. 463. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Montgomery County, and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:

By Senator Purdom of the 46th District-
Senate Resolution No. 59. A resolution to name a special committee to inquire into the status and consider the use of Tattnall Prison.
Under the provisions of the Senate Resolution No. 59, the Speaker has appointed as a committee on the part of the House the following members of the House, to-wit:

Messrs. Bradley of Tattnall,
Deal of Bullock, and
Bennett of Ware. The House insists to its amendments to the following bill of the Senate, to-wit:

By Senators Patten of the 6th District, Purdom of the 46th District, Atkinson of the 1st District, Pope of the 7th District, Ennis of the 20th District, and Spivey of the 16th District-
Senate Bill No. 61. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government by abolishing the Board of Control of Eleemosynary Institutions; to abolish the Board of Public Welfare; and transferring the functions and activities of the two $aid boards to the department created.

TUESDAY, FEBRUARY 23, 1937.

1161

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

Mr. President: The Speaker has appointed as a Committee of Confer-
ence on the part of the House, to confer with a like committee on the part of the Senate, on Senate Bill No. 61, the following members of the House, ta-wit:
Mrs. Coxon of Long,
MeSsrs. Key of Jasper, and
Moore of Baldwin.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has disagreed to Senate Amendment No. 1 with reference to the election of United States Senator serving an appointment for an unexpired term, to the following bill of the House, ta-wit:

By Messrs. Grayson of Chatham, Harris of Richmond, and Gross of Stephens-
House Bill No. 124. A bill to be entitled an Act to establish a State wide general election in addition to those elections now provided for under existing laws, to provide how and when held, and for other purposes.
The House has agreed to Senate Amendment No. 2 to House Bill No. 124.
Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

1162

JouRNAL oF THE SENATE,

Mr. President: Your Committee on Municipal Government has had under
consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the samedopass:
Senate Bill No. 134. Respectfully submitted, PEEBLES, Chairman.
Senator Atkinson of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules has had under consideration.
the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
Senate Resolution No. 45. Respectfully submitted, ATKINSON, Vice-Chairman.
Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 121 do pass, as amended.
Senate Bill No. 139 do pass. Respectfully submitted, LINDSAY, Chairman.

TUESDAY, FEBRUARY 23, 1937.

1163

Senator Fowler of the 39th District, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. President:
Your Committee on Public Utilities ha.s had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:

Senate Bill No. 122. Respectfully submitted, FoWLER, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 376. House Bill No. 352. House Bill No. 383. House Bill No. 398. House Bill No. 314. ~ouse BilP-N.if..401. . flotlse Bill No. 339. House Bill No. 443. House Bill No. 442. House Bill No. 105.

Respectfully submitted, J ACK.SON, Chairman

1164

JOURNAL OF THE SENATE,

Senator Sammon of the 51st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 31.
Respectfully submitted,
SAMMON, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 126.
Respectfully submitted,
PHILLIPS, Chairman.

The President named as a Committee of Conference on the part of the Senate to confer with a like committee of the House on Senate Bill No. 61 the following members of the Senate, ta-wit:
Senators Ennis of the 20th District,
Harrison of the 17th District, and
Allen of the 31st District.

TUESDAY, FEBRUARY 23, 1937.

1165

The hour for the convening of the joint session having arrived, the President, accompanied by the Secretary and members of the Senate, repaired to the Hall of the House of Representatives and the Joint Session was called to order by Honorable John B. Spivey, President of the Senate.

The Honorable John W. Hammond, Secretary of the Senate, read Senate Resolution No. 51, providing for the joint session to hear an address by Honorable J. B. Hutson, Assistant Administrator of the United States Department of Agriculture.

The Honorable J. B. Hutson, accompanied by His Excellency, the Governor, and the distinguished committee of escort from the House and Senate along with other distinguished guests entered the Hall of the House of Representatives and were seated.

Honorable John B. Spivey presented to the General Assembly Honorable J. B. Hutson who addressed the joint session on the Federal Agricultural control policies.

Mr. Coleman of Lowndes moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
The Senate returned to the Senate Chamber and was called to order by' the President.

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

By Senators Atkinson of the 1st District and Pope of the 7th District-

Senate Bill No. 122. A bill to amend Section 15 of the

1931 Motor Carriers Act relating to the operating of vehicles

for hire by railroad companies on highways of this State,

and for other purposes.



1166

JOURNAL OF THE SENATE,

By Senators Knabb of the 4th District, Atkinson of the 1st District, and Atwood of the 2nd District-
Senate Bill No. 126. A bill to amend the "Traylor-Neill Act" and creating the Fort Frederica National Shrine and Battle of Bloody Marsh Highway, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 134. A bill to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, so as to extend city limits, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 139. A bill to prohibit the filing in Court of Ordinary false and fraudulent returns by executors, guardians and Trustees and to provide punishment for violations thereof, and for other purposes.

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

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 3L A bill to amend Title 56, Chapter 56-2, Paragraph 56-207 of the 1933 Code relating to the capital stock required of insurance companies incorporated in this State, and for other purposes.

By 1\frs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 105. A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Fulton County, and for other purposes.

By Mr. Lewallen of Banks-
House Bill No. 314. A bill to fix the bond of the Sheriff of Banks County at $5,000.00, and for other purposes.

TUESDAY, FEBRUARY 23, 1937.

1167

By Mr. Harden of Turner-
House Bill No. 339. A bill to reduce the official bond of the Sheriff of Turner County, and for other purposes.

By Mr. Reid of Wilcox-
House Bill No. 352. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Wilcox County, and for other purposes.

By Mr. Drinkard of Lincoln-
House Bill No. 376. A bill to amend an Act to provide that where surety bond is given by Treasurer of Lincoln County, county authorities may pay premium on such bond out of public moneys, and for other purposes.

By Mr. Morris of Douglas-
House Bill No. 383. A bill to reduce the bond or the Sheriff of Douglas County, and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 398. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Berrien County, and for other purposes.
By Mr. Vickery of Charlton-
House Bill No. 401. A hill to reduce the bond of the Sheriff of Chariton County, and for other purposes.

By Mr. McCravey of Union-
House Bill No. 442. A bill to abolish the office of County Treasurer of Union County, and for other p'urposes.

By Mr. McCravey of Union-
House Bill No. 443. A bill to create the office of Tax Commissioner of Union County, and for other purposes.

1168

JouRNAL oF THE SENATE,

The following bills of the Hou.l)e were read the first time and referred to the committees:

By Mr. Parker of Colquitt-
House Bill No. 161. A bill to repeal an Act approved August 27, 1931, Section 67-107 of the 1933 Code, providing for the recording of mortgages and security deeds, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Erwin of Lamar, Edwards of Thomas, and many others-
House Bill No. 241. A bill to prohibit ordinaries of counties from giving legal advice to persons having interest in the proceedings in their courts, and for other purposes.
Referred to Committee on Uniform Laws.
By Messrs. Whipple of Bleckley ~nd Groover of Troup-
House Bill No. 284. A bill amending Title 40, Chapter 40-2, Section 40-206 of the 1933 Code, providing for the suspension of the Comptroller-General, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Kendrick of Fulton, Lanier of Richmond, and Turner of DeKalb-
House Bill No. 316. A bill to prohibit the sale of goods on the open market produced by convicts in Georgia or in any other State; and to repeal Section 77-323, Chapter 77-3, Title 77 of the 1933 Code; and for other purposes.
Referred to Committee on Penitentiary.

TUESDAY, FEBRUARY 23, 1937.

1169

By Messrs. Chappell of Sumter, Hart of Coweta, Lanham of Floyd, and Lewis of Burke-
House Bill No. 371. A bill to establish a Committee on Interstate CO-operation; to provide for appointment of committee; to prescribe the powers and duties of committee, and for other purposes.
Referred to Committee on Uniform Laws.

By Mr. Warnock of Montgomery-
House Bill No. 463. A bill to create a Board of Commissioners of Roads and Revenues for Montgomery County, and for other purposes.
Referred to Committee on Counties and County Matters.

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

By Mr. Evans of McDuffie-
Honse Resolution No. 17. A resolution to designate arid name the Thomas E. Watson Highway, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Hill and Joel of Clarke-
House Resolution No. 26. A resolution expressing assent of the State Legislature to provisions and purposes of the Act approved June 29, 1935 (Public No. 182-74th Congress) relating to research into basic laws of agriculture and to provide for the further development of cO-operative agricultural work, and for other purposes.
Referred to Committee on Agriculture.

The following resolution of the House was read and adopted:

1170

JouRNAL OF THE SENATE,

By Mr. Whipple of Bleckley-
House Resolution No. 123. A resolution providing for a joint session at 12:00 o'clock noon, March 3rd, 1937, for a visit from farmers and stockmen.

The following bill of the House having been last before the Senate for consideration on February 16th, at which time several amendments were placed thereto, and having on that date been referred to a Special Committee and set as a special order of business for today, was taken up for further consideration by the Senate:

By Messrs. Hollis of Morgan, Hill of Screven, Ellington of

Gilmer, and many others-



House Bill No. 18. A bill to be entitled an Act to create a Department of Public Safety for Georgia, and to name the members, officers, and divisions thereof, and for other purposes.

The report of the Special Committee appointed to study and consider House Bill No. 18 was read and was as follows, ta-wit:

Mr. President:
Your -sub-committee appointed to consider House Bill No. 18 and report to the Senate with its recommendations upon the same begs to report as follows:
Your Committee recommends that House Bill No. 18, as amended in the Senate, be further amended as follows and as thus amended adopted: .
Sub-Committee Amendment No.1.
Your committee recommends that the Senate amendment to Article I, Section I, be amended by adding at the end of

TUESDAY, FEBRUARY 23, 1937.

1171

said amendment the following words after the words "State of Georgia:"
"and one member to be selected, by the Governor from a list of five nominations made by the Georgia Peace Officers Association."
Amendment No. 2.
To amend Section 6, Article 2, in the last paragraph of said section by striking ($200.00) wherever the same appears and inserting in lieu thereof ($100.00), and by striking ($600.00) and in lieu thereof inserting ($300.00).
Amendment No.3.
To amend Section 8, Article 3 by amending the last paragraph of said section by inserting after the word "authorized," the words "with approval of the Department of Safety."
Amendment No.4.
To amend Section 14, Article 2, by adding to the first paragraph of said Section 14 after the words "throughout this State," the following words:
"To enforce the Motor Vehicle laws and traffic regulations on the Highways of this State and when called upon by local authorities."
Amendment No.5. To amend Section 14, Article 2, by adding after the word "City" in the third line of said paragraph the words "except for violation of the Motor Vehicle laws and traffic laws of this State."
Amendment No. 6. To amend Section 15, Article 2, by adding at the end of the first paragraph the following sentenc~:
"All arresting fees to go to the Sheriffs' in the county in which the arrest is made."

1172

JouRNAL OF THE SENATE,

Amendment No. 7.
To amend S~ction 15 of Article 2 by striking the word "shall" in the last paragraph of said section as often as the same appears therein and adding in lieu thereof the word "may."

Amendment No.8.
To amend Section 6 of Article 4 by inserting quotation marks before the word "that" beginning with the third to last paragraph of said section and following the word "judge," the last word in said paragraph.

Amendment No.9.
Add at the end of the second line of Section 7, Article 4, in line three after the word "person" the following words:
"except in cases of emergencies or for other good causes shown."

Amendment No. 10.
Following the Millican amendment on page 19 of the Printed Bill after line 10, Article 4, House Bill No. 18, add the following paragraph:
"Upon the conviction any licensee hereunder in any Court of competent jurisdiction in this State of any offense of driving a motor vehicle while intoxicated or driving a motor vehicle while engaged in a felony or deliberately, willfully or negligently violating any traffic law of this State, or any Municipality thereof. The Court trying the same is hereby given authority and jurisdiction upon .such licensee being adjudged guilty to cancel or suspend the license of such defendant for such time and on such time and on such conditions as the Court may deem proper, and in the event that the Court should place such licensee under probation, it is hereby provided that the

TUESDAY, FEBRUARY 23, 1937.

H73

Court shall retain jurisdiction of said case during the period of probation with the right and power to suspend or revoke the licensee .as to the Court may deem in keeping with the public safety. It should be the duty of the Clerk of the Court trying the case to immediately transmit a certified copy of the sentence and judgment to the Department of Public Safety. The Clerk to receive his usual cost for such certificate."

Amendment No. 11.
Add (page 20) at the end of Section 13 of Article 4, the following:
"As each application is received by the Department of Public Safety and a license is issued, an exact copy of the application with the date the license is issued shall be immediately furnished the Sheriff of the County of the residence of the applicant or to that person or officer designated by the Sheriff to receive the same. Provided, however, that upon request of the Mayor of any incorporated City, of this State, the Commissioner shall send the copy application of all residents of such City, to the said Mayor or a Department of the City Government to be designated by him."

Amendment No. 12.
Add (page 22) at the end of a section, to be known as Section 17 of Article 4, House Bill No. 18, the following:

"The provisions of Article 4 of this Act, or any part thereof, may be suspended by the Governor of Georgia, pending the organization of the Department of Public Safety or in order to permit the granting of licenses without undue hardship upon applicants."

Respectfully,

G. s. PHILLIPS,

PAULL. LINDSAY,

Senator 29th District.

Senator 34th District.

JEFF A. PoPE, Senator '7th District.

DAVIDs. ATKINSON, Senator 1st District.

1174

JouRNAL oF THE SENATE,

Upon motion of Senator Lindsay of the 34th District, member of the sub-committee, Amendment No. 6 of the report of the sub-committee was withdrawn from the report, and the remainder of the report was adopted.

Senator Horne of the lOth District moved that House Bill No. 18 and all amendments thereto be printed and placed on the Senator's desk. The motion was lost.

Senator McKenzie of the 48th District moved the previous question on House Bill No. 18, as amended. The call for the previous question was sustained.

Senator Whitehead of the 30th District moved that the Senate reconsider its action in calling the previous question. The motion was lost.
Senator Harrell of the 12th District moved that the Senate do now adjourn.. The motion was lost.

Senator Harrell of the 12th District moved that House Bill No..18, as amended, be tabled. The motion was lost.
Senator Harrell of the 12th District moved that the Senate recess until2:30 o'clock today. The motion was lost.

The main question was ordered.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed t,o.
Senator Fow)er of the 39th District called for the ayes and nays on the passage of the bill, as amended, and the call was sustained.
The roll was called and the vote was as follows:

TUESDAY, FEBRUARY 23, 1937.

1175

Those voting in the affirmative were Senat;ors:

Allen Almand Atkinson Atwood Brock Burgin Burrell Chason Olements Ennis Forrester Fowler Greer Griner

Hampton
Hardman Harrell Harrison Home Jackson Johnson Kimbrough Knabb Lindsay McCutchen McKenzie Millican Patten

Peebles Phillips Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Williams

Those voting in the negative were Senators:

Aultman Holmes

Jones Moye

Whitehead

Verification of the roll call was dispensed with.
The ayes were 41, the nays 5.
The bill having received the requisite constitution11l majority was pa,ssed, as amended.
Not voting were: Senators Flynt of the 26th District, Peters.on of the 15th District, Neely of the 36th District, and Sammon of the 51st District.
House Bill No. 124. A bill providing for a state wide general election in addition to those elections now provided for under existing laws, was taken up for the purpose of considering Senate amendment No. 1 thereto, which the House disagreed to on February 23rd, relative to the election of a United States Senator serving an appointment for an unexpired term.

Senator Lindsay of the 34th District moved that the Senate recede from its position on Senate amendment No. 1 to House Bill No. 124. The motion prevailed.

1176

JouRNAL oF THE SENATE,

Senator Fowler of the 39th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read a second time, and recommitted to the Committee on MuniCipal Government.:

By Mr. Morris of Douglas-
House Bill No. 445. A bill to amend, consolidate, and supersede the several Acts incorporating the town of Douglasville, and for other purposes.
The consent was granted, the bill given a second reading, and recommitted to the Committee on Municipal Government.

The following resolution of the House having been established as a special order to immediately follow House Bill No. 18 was taken up for consideration:

By Mr. Sutton of Wilkes-
House Resolution No. 10. A resolution proposing to the qualified voters of Georgia an amendment to Article 6, Section 7, Paragraph 2, of the Constitution, enlarging the juris- diction of the Justices of the Peace, and for other purposes.
Senator Lindsay of the 34th District moved that further consideration of House Resolution No. 10 be postponed until Monday, March 1st.
The following privilege resolutions were read and adopted:
By Senators Ennis of the 20th District and Millican of the 35th District-
Senate Resolution No. 66. A resolution inviting the Milledgeville Chappella Choir to sing in the Senate Chamber at 9:30 o'clock Monday morning, March 8th.

TuESDAY, FEBRUARY 23, 1937.

1177

By Senator Aultman of the 23rd District-
A resolution extending the privileges of the floor to Hon. Joe Davidson of Fort Valley, Ga.

By Senator Shedd of the 3rd District-
A resolution extending the privileges of the floor to Hon. J. B. Strickland, former member of the General Assembly.

By Senator Aultman of the 23rd District-
A resolution extending the privileges of the floor to Hon. J. E. Lee, Sheriff of Peach County.

The hour of adjournment having arrived, the President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock.

1178

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, FEBRUARY 24, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by Rev. Nath Thompson, Director of the Georgia Association for Temperance.
Senator Harrell of the 12th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Whitehead of the 30th District gave notice that at the proper time he would move that the Senate reconsider it's action in passing House Bill No. 18, known as the Highway Patrol Act.
Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
Senator Phillips of the 29th District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have 100 copies of the Committee Substitute for House Bill No. 312, known as the Rural Post Roads Act, printed for the use of the members of the Senate.
Senator Whitehead of the 30th District moved that the Senate reconsider it's action in passing House Bill No. 18, known as the Highway Patrol Act.

WEDNESDAY, FEBRUARY 24, 1937.

1179

On the motion to reconsider, Senator Harrell of the

12.th District called for the ayes and nays and the call was

~~~~

.~

The roil. was called and the vote was as follows:

Those voting in the affirmative were Senators:

Aultman Greer Harrell Holmes Home

Jones Moye Neely
Peterson

Shannon Thrasher Walker Whitehead

Those voting in the negative were Senators:

Allen Almand Atkinson Atwood Brock Burgin Burrell Chason Clements Forrester Fowler

Griner Hampton Hardman Harrison Jackson Johnson Kimbrough Knabb Lindsay McKenzie Millican

Patten Peebles Phillips Pope Pruett Purdom Shedd Sikes Sutton Terrell Williams

Verification of the roll call was dispensed with.

The ayes were 13, the nays 33.

The motion to reconsider the action of the Senate m passing House Bill No. 18 was los~.

Not voting were: Senators Ennis of the 20th District, Flynt of the 26th District, McCutchen of the 43rd DiStrict, and Sammon of the 51st District.

The Journal was confirmed.

Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of

1180

JOURNAL OF THE SENATE,

business immediately following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and resolutions.
5. Unfinished business of previous session.
6. Special orders.
7. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

The following resolutions of the Senate were read and adopted:

By Senator Spivey of the 16th District-
Senate Resolution No. 68. A resolution providing for the appointment of a committee from the House and Senate to consider repairing and refurnishing the Governor's Mansion.
The President appointed as a committee on the part of the Senate the following:
Senators Purdom of the 46th District, and
Forrester of the 44th District.

By Senator Sutton of the 47th District-
Senate Resolution No. 67. A resolution extending the
cordial felicitations of the Senate to Hon. W. J. Peterson
upon his return to the deliberations of this body.

WEDNESDAY, FEBRUARY 24, 1937.

1181

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

Mr. Pr~sident:
The House has passed by the reqms1te constitutional majority the following bills and/or resolutions of the House, to-wit:

By Messrs. Marshall of Macon and Booth of Barrow-
House Bill No. 58. A hill to be entitled an Act to amend an Act approved March 23, 1935, entitled an Act to provide for license and excise taxes upon the business of dealing in Malt Beverages, and for other purposes.

By Messrs. Edwards and Cochran of Thomas-
House Bill No. 429. A hill to be entitled an Act to amend the Code to authorize the Mayor and Council of Boston, Ga., to sell and convey certain property for school purposes, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 436. A hill to be entitled an Act to extend the City limits of Valdosta, and for other purposes.

By Messrs. Barlow and Parker of Colquitt-
House Bill No. 449. A hill to he entitled an Act to amend an Act to create a City Court in and for Colquitt County, and for other purposes.

By Mr. Booth of Barrow-
House Bill No. 455. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Bartow, and for other purposes.

1182

JOURNAL OF THE SENATE,

By Mr. Striplin of Heard-
House Bill No. 470. A bill to be entitled an Act to amend the Act creating the office of Commissioner of Roads and Revenue of Heard County, and for other purposes.

By Messrs. Smith, Leonard, and Elliott of Muscogee-
House Bill No. 471. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Muscogee County, and for other purposes.

By.Mr. Gammage of Terrell-
House Bill No. 491. A bill to be entitled an Act to amend the charter of Dawsort, and for other purposes.
By Mr. Gammage of Terrell-
House Bill No. 492. A bill to be entitled an Act to amend the School Laws of the City of Dawson, and for other purposes.

By Mr. Carmichael of Cobb and others-
House Bill No. 351. A bill to be entitled an Act to amend an Act approved March 20, 1933, entitled an Act to abolish the fee system of the Blue Ridge Judicial Circuit and fix salary in lieu thereof, and for other purposes.

By Mr. Welsch of Cobb-
House Bill No. 385. A bill to be entitled an Act to amend an Act approved March 28, 1935 (Ga. Laws 1935 page 149) pert~ining to deposits required of fire, marine and inland insurance companies by adding and including the word "casualty," and for other purposes.
The House has adopted the following resolutions of the House, ta-wit:

WEDNESDAY, FEBRUARY 24, 1937.

1183

By Messrs. Lanier and Harris of Richmond, and many others-
House Resolution No. 132. A resolution requesting President Roosevelt to direct prompt construction of the dam on the Savannah River near Clarke Hill.

By Messrs. Sutton of Wilkes, Harris and Lanier of Richmond, and others-
House Resolution No. 134. A resolution expressing interest in the plans of the Federal Government with reference to flood erosion control and re-forestation, to assure cooperation, and for other purposes.
The following bills of the Senate were introduced, read the first time, and referred to the committees:
By Senator Millican of the 35th District-
Senate Bill No. 151. 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, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Jackson of the 14th District-
Senate Bill No. 152. A bill to amend Title 13 (Banking Laws) of the Code of 1933, to regulate and control the conditions upon which they may do business, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Johnson of the 42nd DistrictSenate Bill No. 153. A bill to amend Section 92-5001

1184

JouRNAL OF THE SENATE,

of the 1933 Code which fixes the interest rate on tax fi. fas. at seven per cent per annum from December 20th of each year, by fixing said rate at four per cent, and for other purposes.
Referred to Committee on Special Judiciary.

By Senator McKenzie of the 48th District-
Senate Bill No. 154. A bill providing that qualified voters in certain counties shall be entitled to vote to fill the office of county school superintendent in all elections, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Aultman of the 23rd District-
Senate Bill No. 155. A bill to reduce the bond of the Sheriff of Peach County for $10,000.00 to $3,500.00, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Millican of the 35th District-
Senate Bill No. 156. A bill to authorize the Municipal Authorities of certain cities to license the business of making loans, secured or unsecured, and lending monies by assignment of wages or salaries, earned or to be earned, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Spivey of the 16th District-
Senate Bill No. 157. A bill to aJllend an Act entitled "Highway Mileage," being known as the Trayler-Neill Bill, so as to add a road in Emanuel County to the map designated in said bill, and for other purposes.
Referred to Committee on Highways and Public Roads.

WEDNESDAY, FEBRUARY 24, 1937.

1185

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
House Bill No. 312.
Respectfully submitted,
PHILLIPS, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 150.
House Bill No. 160.
Respectfully submitted,
GRINER, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

1186

JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 445.
House Bill No. 466.
Respectfully submitted,
PEEBLES, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 99 do pass, as amended.
Senate Bill No. 147 do pass.
Respectfully submitted,
PHILLIPS, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Public Library, submitted the following report:

Mr. President:
Your Committee on Public Library has had under consideration the following bill and resolution of the Senate

WEDNESDAY, FEBRUARY 24, 1937.

1187

and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the , same do pass:
Senate Bill No. 50.
Senate Resolution No. 52.
Respectfully submitted,
JOHNSON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 434.
House Bill No. 305.
House Bill No. 297.
House Bill No. 204.
Respectfully submitted)
jAcKsoN, Chairman.

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

By Senator Spivey of the 16th District-
Senate Bill No. 99. A bill to authorize the State Highway Board to take over and maintain certain roads as part of the State-Aid System, and for other purposes.

1188

JouRNAL OF THE SENATE,

By Senator Griner of the 45th District-
Senate Bill No. 147. A bill to amend the "Highway Mileage" Act, known as the "Traylor-Neill Bill" so as to add a road beginning in Irwin County and running through Coffee County and Atkinson County, and for other purposes.

By Senators Atkinson of the 1st District, Purdom of the 46th District, and Spivey of the 16th District-
Senate Bill No. 150. A bill to regulate the practice of general road and street contracting; to define the terms; to establish a State Licensing Board for Contractors; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Jones of the 38th District-
Senate Resolution No. 52. A resolution requesting that the State Librarian be directed to furnish certain law books to Paulding County, and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:

By Messrs. Key of Jasper, Allison of Gwinnett, and Parker of Colquitt-
House Bill No. 160. A bill to amend an Act creating and establishing the Securities Commission, so as to more clearly define a security, to fix the punishment for the unlicensed sale of securities, and for other purposes.

By Messrs. Larsen and Dampier of LaurensHouse Bill No. 204. A bill to change the amount of

WEDNESDAY, FEBRUARY 24, 1937.

1189

the bond of the Sheriff of Laurens County, and for other purposes.

By Mr. Musgrove of Clinch-
House Bill No. 297. A bill to amend an Act creating a Board of Commissioners of Clinch County, and for other purposes.

By Mr. Thomas of Chattooga-
House Bill No. 305. A bill to amend an Act to abolish the Board of Commissioners of Chattooga County, and for other purposes.

By Messrs. Musgrove of Clinch, Freeman of Bibb, and Harris of Richmond-
House Bill No. 312. A bill to create a new division of the State Highway Department of Georgia to be known as Rural Post Roads, and for other purposes.

By Messrs. Lewis and Bargero~ of Burke-
House Bill No. 434. A bill to fix the amount of the bond of the Sheriff of Burke County, and for other pur.., poses.

By Mr. Beck of CarrollHouse Bill No. 466. A bill to amend the charter oFthe
town of Bowdon, and for other purposes.
The following bills of the House were read the first time and referred to the committees:

By Messrs. Marshall of Macon and Booth of Barrow-
House Bill No. 58. A bill to amend an Act providing for license al}d excise taxes upon the business of dealing

1190

JouRNAL oF THE SENATE,

in Malt Beverages; to allocate funds derived from such taxes; and for other purposes.
Referred to Committee on Temperance.

By Mr. Carmichael of Cobb and others-
House Bill No. 351. A bill to amend an Act of March 20, 1933, abolishing the fee system of the Blue Ridge Judicial Circuit and fixing a salary in lieu thereof, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Welsch of Cobb-
House Bill No. 385. A bill to amend an Act (Ga. Laws, 1935, page 149) pertaining to deposits required of fire, marine, and inland insurance companies, and for other purposes.
Referred to Committee on Insurance.

By Messrs. Edwards and Cochran of Thomas-
House Bill No. 429. A bill to amend the Code to authorize the Mayor and Council of Boston, Ga., to sell certain property for school purposes, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 436. A bill to extend the city limits of the City of Valdosta, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Barlow and Parker of Colquitt-

House Bill No. 449. A bill to amend an Act to create

a city court for Colquitt County, and for other purposes.

I

~

Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 24, 1937.

1191

By Mr. Booth of Barrow-
House Bill No. 455. A bill to create a Board of Commissioners of Roads and Revenues for Barrow County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Striplin of Heard-
House Bill No. 470. A bill to amend the Act creating the office of Commissioner of Roads and Revenue of the County of Heard, and for other purposes~
Referred to Committee on Counties and County Matters.

By Messrs. Smith, Leonard, and Elliott of Muscogee--
House Bill No. 471. A bill to fix the amount of the bond of the Sheriff of Muscogee County at $3,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Gammage of Terrell-

House Bill No. 491. A bill to amend the charter of the

City of Dawson so as to authorize the city council to regulate

and control the streets of Dawson for business purposes,

and for other purposes.



Referred to Committee on Municipal .Government.

By Mr. Gammage of TerrellHouse Bill No. 492. A bill to amend the School Laws
of Dawson, (pages 1020 to 1025, Ga. Laws, 1927) to provide for compensation for members of the Board of School Commissioners, and for other purposes.
Referred to Committee on Education and Public Schools.
The following resolutions of the House were read and adopted:

1192

JOURNAL OF THE SENATE,

By Messrs. Lanier and Harris of Richmond, Pilcher of Warren, Jones of Elbert, Sutton of Wilkes, Moore of Taliaferro, and others-
House Resolution No. 132. A resolution requesting the President to direct prompt construction of the dam on the Savannah River near Clarke Hill.

By Messrs. Lanier of Richmond, Sutton of Wilkes, Bennett of Ware, Pound of Hancock, and others-
House Resolution No. 134. A resolution expressing deepest interest in the plans of the Federal Government with reference, to flood erosion control and re-forestation, and to assure sincere and hearty cooperation, and for other purposes.
The following resolution of the Senate was read and adopted:
By Senators Almand of the 50th District and McCutchen of the 43rd District-
Senate Resolution No. 69. A resolution extending the greetings and congratulations of the Senate to Miss Moina Michael, the original "Poppy Lady" from Athens, Georgia.
Miss Michael was presented to the Senate by the President and addressed the members of the Senate briefly.
Under the head of unfinished business, consideration of the following resolution of the House was continued:

By Mr. Sutton of Wilkes-
House Resolution No. 10. A resolution proposing to the qualified voters of Georgia an amendment to Article 6, Section 7, Paragraph 2 of the Constitution, enlarging the jurisdiction of the Justices of the Peace, and for other purposes.

WEDNESDAY, FEBRUARY 24, 1937.

1193

Senator Harrell of the 12th District moved that House Resolution No. 10 be indefinitely postponed. The motion was lost.

Senator Lindsay of the 34th District offered as a substitute for his motion on yesterday, which was carried over as unfinished business, that House Resolution No. 10 be recommitted to the Committee on Amendments to the Constitution. The motion prevailed.
The following resolution of the House having been established as a special order of business for today was taken up for consideration:

By Mr. Hand of MitchellHouse Resolution No. 58.

A RESOLUTION.
Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article 3, Section 7, Paragraph 9 of the Constitution of Georgia, providing that the fixed sums appropriated in the General Appropriations Act shall be reduced pro rata in the amount of the deficiency of revenue receipts for the period excepting the amounts appropriated for insurance on public property, for the interest on the fixed public debt, for the interest on current loans, and for the expenses of the Judicial and Legislative branches of the Government.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article 3, Section 7, Paragraph 9 of the Constitution of Georgia be amended by adding thereto the following words:
"In the event that the revenue receipts of the State Treasurer available for paying the fixed sum appropria-

1194

JouRNAL OF THE SENATE,

tions made in the General Appropriations Act should be less than the total sum of such appropriations in the period or periods covered by the General Appropriations Act, then the fixed amounts appropriated for that period shall be paid in full for the following purposes: For insuranc~ on public property, for the interest on the fixed public debt, for the interest on the current loans, and for the expenses of the Judicial and Legislative branches; and the fixed sums appropriated for all other purposes for that period shall be reduced pro rata in the amount of the deficiency of revenue receipts for the period. The sums so stricken to be annulled, and the sums remaining after the application of the provisions of this section shall be appropriations for the purposes named in the General Appropriations Act in lieu of the amounts therein fixed and set out."

Section 1-A. Provided that no sections or parts of this bill shall ever effect the payment of any money due or to become due the Confederate soldiers or their widows as now provided by law.

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 submitted to the qualified voters of this 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 3, Section 7, Paragraph 9 of the Constitution of Georgia, providing for pro rata reduction in appropriations on account of insufficient revenue." The voters voting against the ratification of the amendment shall have written or printed upon their ballots, "Against ratification of the amendment to Article 3, Section 7, Paragraph 9 of the Constitution of Georgia, providing for pro rata reduction in appropriations

WEDNESDAY, FEBRUARY 24, 1937.

1195

on account of insufficient revenue." If a majority of the qualified voters voting at said election shall vote in favor of ratification of the amendment, the Governor shall make a proclamation thereof, and the foregoing amendment 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 adoption of the resolution, it being a proposed amendment to the constitution, the roll was called and the vote was as follows:
Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell . Chason Clements Ennis Forrester Fowler

Greer Hardman Harrell Harrison Holmes Home Jackson Jones Kimbrough Lindsay McKenzie Moye Neely

Patten Peebles Peterson Phillips Pope Pruett Shannon Sikes Sutton Terrell Thrasher Walker Williams

Those voting In the negative were Senators:

Johnson

Shedd

\\hitehead

Verification of the roll call was dispensed with.

The ayes were 39, the nays 3.

The resolution having received the requisite two-thirds constitutional majority was adopted.
Not voting~were:l SenatorslFlynt of the 26th District, Grinetof thei45th1District, Hampton of the 41st District,

1196

JOURNAL OF THE SENATE,

Knabb of the 4th District, McCutchen of the 43rd District, Millican of the 35th District, Purdom of the 46th District, and Sammon of the 51st District.

Senator Lindsay of the 34th District moved that Senate Bill No. 47, a bill to create the positions of Chief Justice Emeritus, etc., be postponed until Wednesday, March 3rd. The motion prevailed.

Senator Chason of the 8th District asked unammous consent that the Secretary be authorized and instructed to have 100 copies of Senate Bill No. 47 printed for use of the members of the Senate. The consent was granted.

Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 1:00 o'clock P. M., today to meet back at 2:00 o'clock P. M., for an afternoon session. The consent was granted.

The following bill of the Senate having been set as a special order of business for today was taken up for consideration:

By Senators Burgin of the 24th District and Terrell of the 19th District-
Senate Bill No. 15. A bill to amend the Constitution of Georgia by repealing Paragraph 16 of Section 7 of Article 3, said paragraph relating to the passage of local or special bills, and for other purposes.

Senator Patten of the 6th District offered the following amendment:
By changing the words "special, etc." to read "general bills with local application," where they appropriately occur or apply in the bill and caption.
The amendment was adopted.

WEDNESDAY, FEBRUARY 24, 1937.

1197

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Ennis Forrester Fowler Greer Griner

Hampton Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Lindsay McKenzie Millican Moye

Neely Patten Peebles Phillips Pope Pruett Purdom Shannon Shedd Sikes Terrell Thrasher Walker Williams

Those voting in the negative were Senators:

Peterson

Whitehead

Verification of the roll call was dispensed with.

The ayes were 42, the nays 2.
The bill having received the requisite two thirds constitutional majority, was passed, as amended.

Not voting were: Senators Clements of the 9th District, Flynt of the 26th District, Knabb of the 4th District, McCutchen of the 43rd District, Sammon of the 51st District, and Sutton of the 47th District.

Senate Bill No. 15, as amended, and passed by the Senate read as follows:

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JouRNAL oF THE SENATE,

A BILL
To be entitled an Act to amend the Constitution of the State of Georgia by repealing Paragraph 16 of Section 7 of Article 3 of the Constitution of the State of Georgia, said paragraph relating to the passage of local or special bills, and inserting in lieu thereof a new section prescribing that no local or general bills with local application shall be introduced into the General Assembly and authorizing the General Assembly to provide for such matters by a general law, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Paragraph 16 of Section 7 of Article 3 of the Constitution of this State, said paragraph relating to the passage of local or special bills, be, and the same is hereby repealed and the following paragraph, to be known as Paragraph 16, be inserted in said section of said article in lieu of such stricken paragraph:
"Paragraph 16. No local or general bills with local application shall be introduced into the General Assembly, but the General Assembly shall by general law prescribe how such local or general bills with local application shall be handled in, for or by the several municipalities and counties of this State. Provided that the General Assembly shall, before the passage by it and the approval of an act putting into effect this paragraph, have power existing prior to the ratification of this amendment to pass all local and general bills with local application."

Section 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by twa-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each congres-

WEDNESDAY, FEBRUARY 24, 1937.

1199

sional district in this State for the period of two months next preceding the time of holding the next general election.

Section 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the second section of this Act in the several election districts of this State, at which election every person shall be qu,alified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed upon their ballots the words, "For amendment -of Constitution, providing that no local or general bills with local application be introduced into the General Assembly," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against amendment of Constitution, providing that no local or general bills with local application shall be introduced into the General Assembly."

Section 4. Be it further enacted, That the Governor

be, and he is hereby authorized and directed to provide

for the submission of the amendment proposed in this

Act to a vote of the people, as required by the Constitution

of said State in 'Paragraph One of Section One of Article

Thirteen, and if ratified the Governor s\lall, when he ascer-

tains such ratification from the Secretary of State, to

whom the returns shall be referred in the manner as in

cases of elections for members of the General Assembly,

to count and ascertain the result, issue his proclamation

for one insertion in one of the daily papers of this State,

announcing such result and declaring the amendment

ratified.



Section 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

1200

JOURNAL OF THE SENATE,

The following resolution of the Senate was read and adopted:

By Senators Terrell of the 19th District and Williams of the 5th District-
Senate Resolution No. 70. A resolution inviting Miss Colleen Moore to visit the Senate Thursday morning, February 25th.

The hour of 1:00 o'clock, P. M., having arrived, the President announced that the Senate stood recessed until 2:00 o'clock, P. M., today.

The hour of 2:00 o'clock, P. M., having arrived, the President called the Senate to order.

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

By Senator Millican of the 35th District-
Senate Bill No. 134. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays o.
The bill having received the requisite constitutional majority was passed.

By Senators Knabb of the 4th District, Atkinson of the 1st District, and Atwood of the 2nd District-
Senate Bill No. 126. A bill to amend the "TraylorNeill Act" by adding a new road in Glynn County to be known as the "Fort Frederica National Shrine and Battle of Bloody Marsh Highway," and for other purposes.

WEDNESDAY, FEBRUARY 24, 1937.

1201

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Shannon of the 21st District-
Senate Bill No. 118. A bill to amend Section 68-214 of the 1933 Code relative to motor vehicle number plates, by providing for one metal number plate only for each vehicle; to amend Section 68-215 of the 1933 Code relative to the display of number plates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Shannon of the 21st District asked unanimous consent that Senate Bill No. 118 be immediately transmitted to the House and the consent was granted.

By Senator Purdom of the 46th District-

Senate Bill No. 119. A bill to amend an Act approved

August 7, 1916, creating the State Board of Examiners in

Optometry, and for other purposes.



The committee offered a substitute for Senate Bill No. 119.

Senator Millican of the 35th District offered the following amendment:
Moves to amend Section 4 of the committee substitute

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JOURNAL OF THE SENATE,

to Senate Bill No. 119 by inserting in line 5, after the word "State" and before the word "nor" the following':
"; nor to prevent any lay individual, firm or corpOration, with whom a registered and licensed optometrist is associated, from advertising, offering and rendering optometric services to the public, provided such optOmetric services are actually performed by such licensed optometrist, and his name is made to appear in all such advertising;".
The amendment to the substitute was adopted.
The substitute as amended, which read as follows, was adopted:

A BILL
To be entitled an Act to amend an Act approved August 7, 1916, creating the State Board of Examiners in Optometry and Amendments enacted thereto approved March 24, 1933:
To provide for defining the practice of Optometry; to provide who may practice Optometry; to provide fee for annual registration of Optometrists and location to practice; to provide for the qualifications of applicants who apply for a license in this State; to provide how applications for licenses or. registration shall be made and what said application shall contain; to provide how practice shall be conducted; to provide for reciprocity between other states and the state of Georgia; to provide when a license shall be refused or revoked; to provide penalties for the violation of this Act and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that Section One of the Act approved August 7, 1916 shall be amended by striking the same in its entirety and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 24, 1937.

1203

(1) Practice of Optometry Defined: Optometry is hereby declared to be a profession. The practice ofOptometry is defined as follows: A person practices Optometry within the meaning of th~s Act who by any means
or methods other than qy the use of drugs, diagnoses or
corrects any optical deficiency or deformity, visual or muscular anomaly of the human eye, or prescribes, provides, furnishes or adapts lenses, prisms, devices or ocular exercises for the correction or relief thereof, or who offers or undertakes so to do.

(2) Who May Practice: In order to safeguard life

and health any person practicing or offering to practice

the profession of Optometry in this State shall be required

to submit evidence that he is qualified so to practice and

shall be licensed as hereinafter provided. A person shall

be deemed to be practicing Optometry within the mean-

of this Act who shall display a sign, such as an eye, a pair

of eyes, or who shall in any way advertise himself as an

Optometrist, or who shall examine the human eye to ascer-

tain the presence of defects or abnormal con,ditions which

can be corrected or relieved or the effects of which may

be corrected or relieved by the use of lenses, prisms, or

ocular exercises, or who shall employ any subjective or

objective mechanical means to determine the accommo-

dative or refractive state of the human eye or range or

power of vision of the human eye, or who shall diagnose

any ocular deficiency or deformity, visual or muscular

anomaly of the human eye, or prescribe, provide, furnish

or adapt lenses, prisms, or ocular exercises for the cor-

rection or relief of the same, or who holds himself out as

being able to do so, or who shall use the title of Doctor

of Optometry (0. D.), or any other letters or title in con:..

nection with his or her name, which in any way may con-

vey the impression that he is engaged in the practice of

Optometry.



(3) All persons practicing Optometry shall register annually with the Secretary of Said Board and shall pay

1204

JOURNAL OF THE SENATE,

an annual registration fee of $5.00 which must be paid on or before January lOth in each year subsequent to 1937. Failure to register and pay this fee shall forfeit the certificate of such delinquent, but he may be reinstated by paying all registration dues and an additional penalty of $5.00 for each year he is in default.

Section 2. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that Section 6 and Sub-sections 1, 2, and 3 of Section 6 of the Act approved August 7, 1916 shall be amended by striking the same in its entirety and inserting in lieu thereof the following:

Section 6. Be it further enacted that from and after the passage of this Act all persons engaged in the practice of Optometry or who wish to begin practice of same in this State shall make application to the Board to be registered and for a certificate of registration. Said application shall be in writing and the applicant shall state the county of his residence, the county in which he expects to practice said profession, whether or not he expects to practice in more than one county and if so, in what counties he expects to practice or locate, provided that if he wishes to practice in more than one county, that he be required to maintain at least one permanently located office in this state open to the public twelve months in the year and with a registered optometrist in personal charge. Provided, that any person so registered changes the location of his practice from one county to another county or counties after such registration, he shall within ten days give notice thereof to the Board of Optometry. Such applications when applying to those desiring to begin practice in Georgia, shall be made upon forms to be furnished by the Board and shall contain such other and additional questions and shall be accompanied with such affidavits, documents or other credentials as may be required by the Board to pass upon said applications. Such registration and certifi-

WEDNESDAY, FEBRUARY 24, 1937.

1205

cates shall be granted to applicants already holding licenses to practice in Georgia, but for those beginning the practice of Optometry in Georgia only upon compliance with the following conditions contained in Sub-divisions 1, 2, of this Section:
(1) The Board shall admit to examination any applicant submitting evidence satisfactory to the Board that he
1. is over twenty-one years of age.
2. is of good moral character.
3. is a citizen of the United States or has duly declared his intention of becoming such citizen in accordance with law.
4. had prior to admission to his professional courses of study been graduated from an accredited High School having a four-year course or its equivalent.
5. has been graduated from a School or College of Optometry in good standing and accredited by the Board, which School or College requires an actual personal attendance of at least two years with not less than one thousand school hours per calendar year.
Such examinations shall consist of written and practical examinations in subject matters to be specified by the Board, which subject matters cover all subjects necessary to prove that the applicant is educated, trained, and qualified to practice Optometry.

The passing grade of each examination shall be 75 per cent on each subject and not less than 75 per cent on any subject; when an applicant shall have passed said subjects he shall be given a certificate of registration, which certificate shall operate as a license to practice Optometry in this State when it shall have been recorded in the office of the Clerk of the Superior Court of each county in which said person practices.

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JOURNAL OF THE SENATE,

The Clerk of said Court shall be entitled to a fee of One Dollar for recordirtg such certificate. The fees for applicants shall be Fifteen Dollars for examination and Ten Dollars for registration. In the event of failure on the part of an applicant to pass the examination he may within fifteen months thereafter take a subsequent examination upon payment of a fee of Five Dollars.

(2) An applicant shall be registered and given a certificate of registration if he is over twenty-one years of age, is of good moral character, is a citizen of the United States or has duly declared his intention of becoming such citizen in accordance with law and if he holds a valid certificate of registration or license from a legally constituted Board of Optometry or similar body of another state, provided that the educational requirements for registration or license and the Optometry laws of said state shall be deemed by the Board to be equivalent to those of this State, provided the applicant appears in person before the Board and satisfied the Board by oral and practical examination of his fitness and that he possesses the necessary education, training and qualifications to entitle him to reciprocity and to practice Optometry in this State, and provided further that the state from which such applicant comes grants like privileges to persons who are holders of certificates of registration of the Georgia State Board of Examiners in Optometry. The fee for registering such applicants shall be Fifty Dollars.
Section 3. Be it further enacted by the authority aforesaid that Section 7 of the Act approved August 7, 1916 as amended, the amendments being approved March 24, 1933, be and the same is hereby repealed and the following section enacted in lieu thereof:
The Board of Examiners in Optometry shall refuse to issue its certificate of registration or may suspend or revoke its certificate of registration for any one or any combination of the following:

WEDNESDAY, FEBRUARY 24, 1937.

. 1207

1. Conviction of any offense involving moral turpitude aslshown by a certified copy of the record of the court of conviction.

2. When the holder of a license has been found guilty of the violation of any of the provisions of this Act or any of the rules published or regulations established or promulgated by the Board for the administration of this Act.

3. For gross malpractice.

4. For gross immorality.

5. When the holder of a license has been found by said Board to be grossly incompetent.

6. When the holder of a license is suffering from . a contagious or infectious disease which, in the opinion of a licensed physician renders practice of Optometry by the holder dangerous to public health, provided, however, if such disease is curable and temporary in its character, license shall be withh,eld o.r suspended during the interim.

7. Upon proof that the holder of a license has been guilty of any fraud, deceit, or misrepresenta.tion in his admission to practice.

8. Upon proof that the holder of a license has employed, hired, procured or induced a person not licens,ed to practice Optometry in this State to so practice.

9. Upon proof th~t the holder of a license aids or abets
in his practice of Optometry any person not duly licensed to practice Optometry in this s~ate.

10. Upon proof that the holder of a license is employed

or associated with a lay individual, firm or corporation

and fails to have his or her name as a licensed optometrist

appear in all advertising or other publicity of such a lay

partnership, firm or corporation, when offering to the

public optometric services.



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JOURNAL OF THE SENATE,

11. To make a house to house canvas either in person or through solicitors or associates for the purpose of selling, advertising or through soliciting the sale of eyeglasses, spectacles, lenses, frames, mountings, eye examinations of optometrical services.
12. To peddle spectacles, eyeglasses, lenses, frames, mountings, eye examinations or optometrical services from house to house or on the streets or highways notwithstanding any law for the licensing of peddlers. 1 his shall not be construed as prohibiting an optometrist or physician from attending, prescribing for and furnishing eyeglasses, spectacles or lenses to a person who is confined by reason of illness or physical or mental infirmity.

13. The following Acts shall be deemed by said Board as unprofessional conduct: Any conduct of a character tending to deceive or defraud the public or any individual; the obtaining of any fee by fraud or misrepresentation; the lending of his license by an optometrist to any person, charging exorbitant fees; "splitting" or dividing a fee with any person or persons; advertising professional superiority or the performance or professional service in a superior manner advertising "free examination of eyes," "free advice," or any other words or phrases of similar import calculated to or which would tend to imply to the public the furnishing of optometric services without cost, or advertising by any means whatsoever improbable, misleading or impossible statements.

14. Provided, in all such cases the Board of Examiners shall serve written notice. of the charges on such accused person at least ten days prior to the date set for hearing and said person notified to appear before the Board to answer the charges at such time and place as the Board may direct. Such notice shall plainly set forth the charges made and notify the accused person to appear to answer the same. On such hearing, if the charges are found true,

WEDNESDAY, FEBRUARY 24, 1937.

1209

the accused having the right to produce witnesses in his behalf and cross examine those testifying against him, the Board shall render judgement after such hearing and the person accused may enter an appeal within thirty days to the Superior Court of the County in which the defendant resides, if he is dissatisfied with the finding, such appeal to act as a supersedeas and to be a de novo proceeding in said Court with trial by jury unless waived by both li tigants.

15. Any person violating any provtstons of this Act will be deemed guilty of a misdemeanor and punished for such violations as prescribed by the laws governing misdemeanors.

Section 4. Be it further enacted by the authority aforesaid that Section 9 of the Act approved August 7, 1916 shall be amended by striking the entire Section and inserting in lieu thereof the following: that nothing in this Act shall be construed to apply to physicians and surgeons duly licensed to practice medicine under the laws of this State, nor to prevent any lay individual, firm or corporation, with whom a registered and licensed optometrist is associated, from advertising, offering and rendering optometric services to the public, provided such optometric services are actually performed by such licensed optometrist, and his name is made to appear in all such advertising; nor to prevent persons from selling spectacles, ore yeglasses on prescription from any duly qualified optometrist .or physician, nor to prevent any person or persons from selling spectacles or eyeglasses as articles of merchandise or from using test cards in connection with the sale of such spectacles or eyeglasses at a permanently located place in this State when not trafficking or attempting to traffic upon assumed skill in Optometry or holding themselves out as optometrists. Neither shall anything in this Act be construed to authorize any registered Optometrist to prescribe or administer drugs or practice medicine

1210

} OURNAL OF THE SENATE,

or surgery in any manner as defined by the laws of Georgia; nor shall the same be construed to authorize any such person to use the title M. D., which might lead the public to believe such person has the right to practice medicine:

Section 5. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are repealed.

Section 6. Be it further enacted, that if any Section or part of this Act is declared invalid, the same shall not affect the other sections or provisions hereto.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to by substitute, as amended.
On the passage of the bill by substitute, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
Senator Almand of the 50th District asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Agricuiture, read a second time, and recommitted to the Committee on Agriculture:

By Messrs. Hill and Joel of Clarke-
House Resolution No. 26. A resolution expressing the assent of the Georgia Legislature to the provisions and purposes of the Act approved June 29, 1935, Public No. 18 182-74th Congress.
The consent was granted, the resolution given a second reading, and recommitted to the Committee on Agriculture.

WEDNESDAY, FEBRUARY 24, 1937.

1211

By Senator Atkinson of the 1st District-
Senate Bill No. 139. A hill to prohibit the filing in the Courts of the Ordinary a return of receipts by Trustees, Executors false or fraudulent in their nature, and for other purposes.

Sen.ator Atkinson of the 1st District offered the following amendment:
Moves to amend Senate Bill No. 139 by adding the words "Section 3" immediately before the last paragraph of said hill.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the hill, was agreed to, as amended.
On the passage of the hill, as amended, the ayes were 36, the nays 0.
The hill having received the requisite constitutional majority was passed, as amended.

The following hills of the House were read the third time and put upon their passage:

By Messrs. Simmons and Kirho of Decatur-
House Bill No. 31. A hill to amend an Act of the General Assembly of 1893, set forth in Title 56, Chapter 56-2,. Paragraph 56-207 of the 1933 Code, relating to the capital stock required of insurance companies incorporated in this State, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 32, the nays 0.
The hill having received the requisite constitutional majority was passed.

1212

JOURNAL OF THE SENATE,

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 105. A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Fulton County, and for other purposes.-
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Lewallen of Banks-
House Bill No. 314. A bill to fix the bond of the Sheriff of Banks County at $5,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harden of Turner-
House Bill No. 339. A bill to reduce the official bond of the Sheriff of Turner County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Reid of WilcoxHouse Bill No. 352. A bill to amend an Act entitled

WEDNESDAY, FEBRUARY 24, 1937.

1213

"An Act to create a Board of Commissioners of Roads and Revenues for Wilcox County," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Drinkard of Lincoln-
House Bill No. 376. A bill to amend an Act to provide that where surety bond is given by the Treasurer of Lincoln County, county authorities may pay premium on such 'bond out of public moneys, and for other purposes.
The report of the committee, which was fa,vorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Morris of DouglasHouse Bill No. 383. A bill to reduce the bond of the
Sheriff of Douglas County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Swindle of Berrien-
House Bill No. 398. A bill to amend an Act creating a Board of Commissioners of Roads and Revenue of Berrien

1214

JoURNAL OF THE SENATE,

County, providing for the election of Commissioners by the qualified voters, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Vickery of Charlton-
House Bill No. 401. A bill to reduce the official bond of the Sheriff of Charlton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. McCravey of Union-
House Bill No. 442. A bill to abolish the office of County Treasurer of Union County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. McCravey of Union-
House Bill No. 443. A bill to create the office of Tax Commissioner of Union County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEB:RUARY 24, 1937.

1215

On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following reports of the conference committee on House Bills No. 2, No. 218, No. 219, and No. 231 were read and adopted:

IN THE GENERAL ASSEMBLY OF GEORGIA, 1937 SESSION.
Mr. President:
Mr. Speaker:
Your conference committee, composed of Senator Lindsay of the 34th, Senator Patten of the 6th, and Senator Harrison of the 17th, representing the Senate; and Mrs. Coxon of Long, Mr. Sutton of Wilkes, and Mr. Key of Jasper, representing the House, having had referred to them as a ioint conference committee House Bill No. 2 beg to repo;t that we have conferred on February 22, 1937, and submit to you the result of our conference and recommend as follows:

HOUSE BILL NO. 2
That the House recede from its position in disagreeing to the amendment offered by the Senate and that the amendment offered by the Senate by adding a new paragraph known as Paragraph 2 to follow Paragraph 1 in Section 1 be adopted, reading as follows:
"Provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of General Assembly authorized hereunder."

1216

JouRNAL oF THE SENATE,

The above report of your conference committee is respectfully submitted and a copy offered in each branch of the Genetal Assembly.
Respectfully submitted,
On the part of the Senate:
LINDSAY of the 34th District,
PATTEN of the 6th District, HARRISON of the 17th District,

On the part of the House: MRs. CoxoN of Long, KEY of Jasper, SuTTON of Wilkes,

IN THE GENERAL ASSEMBLY OF GEORGIA, 1937 SESSION.
Mr. President:
Mr. Speaker:
Your conference committee, composed of Senator Lindsay of the 34th, Senator Patten of the 6th, and Senator Harrison of the 17th, representing the Senate; and Mrs. Coxon of Long, Mr. Sutton of Wilkes, and Mr. Key of Jasper, representing the House, having had referred to them as a joint conference committee House Bill No. 218 beg to report that we have conferred on February 22, 1937, and submit to you the result of our conference and recommend as follows:

HOUSE BILL NO. 218
That the House recede from its position with reference to amendments adopted by the Senate and that the amendments stand adopted as follows:

WEDNESDAY, FEBRUARY 24, 1937.

1217

In Section 12, line 15, of the printed Bill by adding after the word "otherwise" the words "except funds specifically allocated by law for other purposes."
By adding at the end of Section 12, the following words: "Provided, however, nothing in this Act shall be construed as delegating directly or indirectly the power of taxation to the county or State Welfare Boards herein created, and all assessments of the 10% of the expenses of this work against the various counties shall be subject to the ability of the county to raise said amount by lawful and nonconfiscatory taxes."
And by adding a new section to be numbered Section 11 as follows:
"Section 17. Separability Clause. If any provtston of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby."

The above report of your conference committee is respectfully submitted and a copy offered in each branch of the General Assembly.
Respectfully submitted, On the part of the Senate:
LINDSAY of the 34th District,. PATIEN of the 6th District, HARRISON of the 17th District.

On the part of the House: MRs. CoxoN of Long, KEY of Jasper, SurroN of Wilkes.

1218

JOURNAL OF THE SENATE,

IN THE GENERAL ASSEMBLY OF GEORGIA, 1937 SESSION.

Mr. President:

Mr. Speaker:
Your conference committee, composed of Senator Lindsay of the 34th, Senator Patten of the 6th, and Senator Harrison of the 17th, representing the Senate; and Mrs. Coxon of Long, Mr. Sutton of Wilkes, and Mr. Key of Jasper, representing the House; having had referred to them as a joint conference committee House Bill No. 219, beg to report that we have conferred on February 22, 1937, and submit to you the result of our conference and recommend as follows:

HOUSE BILL NO. 219
That the Senate recede from its position with reference to amending Paragraph (e), Section 2, and in lieu thereof the word "three" he stricken and the word "one" substituted, so that said Section shall read as follows:

"(e) Has been a bona fide resident of the State for not less than one year."

That the House recede from its posttwn and that the amendment to Section 17, line 17, by adding after the word "otherwise" the following words: "except funds specifically allocated by law for other purposes" be adopted.

That the House recede from its position and that the amendment_ at the end of Section 17 offered by the Senate in the following language: "Provided, however, that no county shall be required to levy a tax for the purposes of this Act in excess of the reasonable ability of such county to raise the same without levying confiscatory taxes thereor," he adopted.

WEDNESDAY, FEBRUARY 24, 1937.

1219

That the House recede from its position and recommends that the amendment providing for a new section to be known as Section 19(a) as follows: "Section 19 (a). The various county Welfare Boards shall maintain for public information a roll book, giving the full name and address of each beneficiary, and the name and address and salary paid each employee of said board in said county," be adopted.

The above report of your conference committee is respectfully submitted and a copy offered in each branch of the General Assembly.
Respec:tfully submitted, On the part of the Senate:
LINDSAY of the 34th District,
PATTEN of the 6th District,
HARRISON of the 17th District.

On the part of the House: )MRs. CoxoN of Long, KEY of Jasper, SuTToN of Wilkes.

IN THE GENERAL ASSEMBLY OF GEORGIA, 1937 SESSION.
Mr. President:

Mr. Speaker:
Your conference committee, composed of Senator Lindsay of the 34th, Senator Patten of the 6th, and Senator Harrison of the 17th, representing the Senate; and Mrs. Coxon of Long, Mr. Sutton of Wilkes, and Mr. Key of Jasper, representing the House, having had referred to

1220

JouRNAL oF THE SENATE,

them as a joint conference committee House Bill No. 231 beg to report that we have conferred on February 22, 1937, and submit to you the result of our conference and recommend as follows:

HOUSE BILL NO. 231
That the Senate recede from its position with reference to amending Section 3(e) and by substitution for such amendment a change in said section, changing the word "three" to "o.ne", so that said subsection as amended shall read as follows: "(e). Has been a bona fide resident of the State for not less than one year."
That the House recede from its position and recommends that the amendment further by adding to Section 3 the following additional subsection: "(g). Is not receiving old-age assistance," he adopted.
That the House recede from its position and agrees that Section 3 he further amended by adding an additional subsection to read as follows:
"(h). Is not publicly soliciting alms in any part of this State. The term 'publicly soliciting' shall he construed to mean the wearing, carrying or exhibiting of signs denoting blindness, or the carrying of the receptacles for the reception of alms or the doing of the same by proxy or by begging from house to house."
That the House recede from its position and agrees that Section 5, subsection (j), he amended, so that said subsection, as amended, shall read as follows:
"(j). Initiate or cooperate with other agencies in developing measures for the prevention of blindness, the restoration of eyesight, and the vocational adjustment of blind persons, including employment in regular industries, independent business, sheltered work shops

WEDNESDAY, FEBRUARY 24, 1937.

1221

or home industry, and the instruction of the adult bl_ind in their homes."
That the House recede from its position and agrees that Section 5, line 6, subsection (b), be amended by striking the word "county" and inserting in lieu thereof the words "county departments."
That the House recede from its position and agrees that Section 20 be amended by adding in said Section, line 6 of the printed Bill, following the word "thereof", the following words: "Provided, however, the county taxing authority is in no sense delegated to the Welfare Boards herein created, and the 10% required of each county shall not exceed the amount of taxes or revenues available in such county for such purpose."
That the House recede and agree that Section 20, line 13, be amended by adding after the word "otherwise" the following language: "except funds specifically allocated by law for other purposes."
The. above report of your conference committee is respectfully submitted and a copy offered in each branch of the General Assembly.
Respectfully submitted,
On the part of the Senate:
LINDSAY of the 34th District,
PATIEN of the 6th District,
HARRISON of the 17th District.

On the part of the House: MRs. CoxoN of Long, KEY of Jasper, SurroN of Wilkes.

1222

JouRNAL oF THE SENATE,

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

By Mr. Sutton of Wilkes and others-
House Bill No. 121. A bill to create a committee to investigate State affairs, and for other purposes.
The committee offered amendments to House Bill No. 121.
The following privilege resolutions were read and adopted:

By Senator Burgin of the 24th District-
A resolution extending the privileges of the floor to
Hon. C. C. Oates, Q. T. Foster, and E. G. Blanton ofMusco-
gee County, Georgia.

By Senator Shannon of the 21st District-
A resolution extending the privileges of the floor to Hon. W. M. Whitehead, Mayor of Jeffersonville and a former member of this body.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to Mrs. Jack Williams and Miss Eva Williams, wife and daughter of the distinguished Senator from the 5th District.

By Senator Shedd of the 3rd District-
A resolution extending the privileges of the floor to Mrs. W. C. Banks, Mrs. J. E. Miller, and Mrs. L. L. Patten, wife of the distinguished Senator of the 6th District, and all of Lakeland, Georgia.
Senator Atkinson of the 1st District moved that the Senate do now adjourn. The motion prevailed.
The President announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A. M.

THURSDAY, FEBRUARY 25, 1937.

1223

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, FEBRUARY 25, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to .order by the President.
Prayer was offered by the Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Terrell of the 19th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Aultman of the 23rd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
Senator Johnson of the 42nd District moved that the Senate reconsider it's action in passing House Resolution No. 58, known as the "Grandfather Clause" Amendment.
The motion prevailed and House Resolution No. 58 was given its proper place on the calendar.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today:
1. Introduction of new matter under the rules.
2. Reports of standing committees.

1224

JouRNAL OF THE SENATE,

3. Second reading of Senate and House bills and resolutions favorably reported.
4. First reading and reference of House bills and resOlutions.
5. Unfinished business of previous session.
6. Special orders.
7. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

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

By Senator Harrell of the 12th District-
Senate Bill No. 158. A bill to prohibit the Board of County Commissioners of Roads and Revenues or the Ordinary or other governing authority of any county from creating any debt against the county which exceeds the anticipated revenue of the county of the year in which said debt is made, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Millican of the 35th District-
Senate Bill No. 159. A bill to amend an Act amending an Act providing that certain cities shall furnish pensions to all officers and employees of such cities who have served for twenty-five years, now in active service, and for other purposes.
Referred to Committee on Pensions.

By Senator Atkinson of the 1st DistrictSenate Bill No. 160. A bill to amend the several Acts

THURSDAY, FEBRUARY 25, 1937.

1225

creating and relating to the Municipal Court of Savannah, and for other purposes.
Referred to Committee on Special Judiciary.

By Senator Harris of the 17th District-
Senate Bill No. 161. A bill to authorize the municipalities of Georgia to levy, assess, and collect an occupation tax on business of Motor Common Carriers and on business of bus stations and terminals operated within municipalities, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Griner of the 45th District-
Senate Bill No. 162. A bill to amend an Act (Acts of 1929, pages 260-268) designating highway mileage by adding mileage from Irwinville to Jefferson Davis Memorial Park in Irwin County, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Knabb of the 4th District-
Senate Bill No. 163. A bill to amend Title 13, Section 13-201 (Banking Laws) of the 1933 Code by excluding therefrom corporations chartered by the Superior Court, and providing that such corporations doing a saving business or taking any form of deposits or savings accounts, shall show that they are not under the supervision of the Superintendent of Banks, and for other purposes.
Referred to Committee on Banks and Banking.

By Senators Knabb of the 4th District, Patten of the 6th District, Atwood of the 2nd District, and Williams of the 5th District-
Senate Bill No. 164. A bill to amend an Act of August 20, 1929, so as to authorize highway mileage in Clinch and

1226

JOURNAL OF THE SENATE,

Charlton Counties with the proper highway officials of Florida in construction of a highway from Fargo, Ga., to Jacksonville, Fla., and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Forrester of the 44th District-
Senate Bill No. 165. A bill to amend an Act designating highway mileage, by adding to the system of state aid roads a certain road known as the Scenic Highway located in Walker and Dade Counties, an'd for other purposes.
Referred to Committee on Highways and Public Roads.

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

Mr. President:
The House has passed by the reqms1te comstitutional majority the following bills of the House and/or Senate, ta-wit:

By Mr. Sabados of Dougherty and others-
House Bill No. 117. A bill to be entitled an Act to regulate the use of Public Highways and to provide for maximum weight and size of vehicles, and for other purposes.

By Senator Knabb of the 4th District-
Senate Bill No. 129. A bill to be entitled an Act to reduce the official bond of the Sheriff of Charlton County, and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 159. A bill to be entitled an Act to create a Department of Natural Resources and four subdivisions thereof, and for other purposes.

THURSDAY, FEBRUARY 25, 1937.

1227

By Mr. Sapp of Coffee-
House Bill No. 476. A bill to be entitled an Act to create the office of Tax Receiver for Coffee County, and for other purposes.

By Mr. Sapp of Coffee-
House Bill No. 477. A bill to be entitled an Act to create the office of Tax Collector for Coffee County, and for other purposes.

By Mr. Sapp of Coffee-
House Bill No. 478. A bill to be entitled an Act to repeal an Act approved August 14, 1931, abolishing the offices of Tax Receiver and Tax Collector of Coffee County, and for other purposes.

By Mr. Hampton of Fannin-
House Bill No. 479. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, and for other purposes.

By Mr. Ragan of Pulaski-
House Bill No. 483. A bill to be entitled an Act to amend an Act to abolish the office of Treasurer of Pulaski County, and for other purposes.

By Mr. Sabados of Dougherty-
House Bill No. 537. A bill to be entitled an Act to amend the charter of the City of Albany, and for other purposes.
Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

1228

JOURNAL OF THE SENATE,

Mr. President:
,
Your Committee on Amendments to the Constitution has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 151.
Respectfully submitted,
PoPE, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President: Your Committee on General Judiciary No. 1 has had
under consideration the following bills of the Senate and has instructed me, as chairman, to ~eport the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 142.
Senate Bill No. 130.
Respectfully submitted,
LINDSAY, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the House and

THURSDAY, FEBRUARY 25, 1937.

1229

Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 94 do not pass. Senate Bill No. 114 do pass. Senate Bill No. 117 do pass. Senate Bill No. 141 do pass. House Bill No. 284 do pass.
Respectfully submitted, SHANNON, Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. President: Your Committee on Penitentiary has had under consider-
ation the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 128.
Senate Bill No. 112.
House Bill No. 316.
House Bill No. 133. Respectfully submitted, PuRDOM, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President: Your Committee on Municipal Government!has had

1230

JouRNAL OF THE SENATE,

..
under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:

House Bill No. 298 do pass.

House Bill No. 354 do pass.

House Bill No. 296 do pass.

House Bill No. 356 do' pass.

House Bill No. 439 do pass. House Bill No. 355 do pass. Senate Bill No. 123 do not pass. House Bill No. 459 do pass.

Respectfully submitted, PEEBLES, Chairman.

The following resolution of the Senate was read and adopted:

By Senators Spivey of the 16th District, Atkinson of the 1st District, Purdom of the 46th District, and Pope of the 7th District-
Senate Resolution No. 71. A resolution providing that the time for the purchase of automobile license tags for 1937 be and the same is hereby extended until March 15, 1937, without penalty on the purchaser, and for other purposes.

Senator Lindsay of the 34th District asked unanimous consent that Senate Bill No. 123, which was adversely reported by the committee, be placed on the calendar for the purpose of disagreeing to said report at the proper time. The consent was granted.

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

THURSDAY, FEBRUARY 25, 1937.

1231

By Senator Millican of the 35th District-
Senate Bill No. 112. A bill to amend Section 201, Chapter 77, Title 77, of the 1933 Code so as to provide that any county may establish and maintain farm, quarters or places of confinement for misdemeanor convicts, and for other purposes.

By Senator Harrell of the 12th District-
Senate Bill No. 114. A bill to pres<;ribe the penalty of perjury; to provide that the jury may add to their verdict of guilty a recommendation that the defendant be punished as for a misdemeanor; and for other purposes.

By Senator Harrell of the 12th District-
Senate Bill No. 117. A bill to provide punishment for violation of the Game and Fish Laws, and for other purposes.

By Senators Purdom of the 46th District, Kimbrough of the 25th District, Atkinson of the 1st District, Pope of the 7th District, Greer of the 13th District, and Terrell of the 19th District-
Senate Bill No. 128. A bill to amend Section 77-303 of the 1933 Code by increasing the salaries of the Prison Commissioners from $3,500.00 to $5,000.00, and for other purposes.

By Senator Sutton of the 47th District-
Senate Bill No. 130. A bill to repeal Section 5-112, Chapter 5-1, Title 5 of the 1933 Code, providing that all funds collected by the Department of Agriculture shall be paid into the Treasury of the State and disbursed by appropriations provided by the General Assembly, and approved by the Governor, and for other purposes.

1232

JouRNAL oF THE SENATE,

By Senators Harrell of the 12th District and Burgin of the 24th District-
Senate Bill No. 141. A bill to amend Section 23-1403 of the 1933 Code designating the powers of County Police, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 142. A bill to amend Section 22-1302, Chapter 22-13,. Title 22 of the 1933 Code authorizing Superior Court Judges to fix places of hearing of petitions for the dissolution of corporations at Chambers in vacation, and for other purposes.
By Senator Millican of the 35th District-
Senate Bill No. 151. A bill proposing to the qualified voters of Georgia an amendment to Article III, Section II, ot the Constitution of Georgia, creating a new senatorial district to be composed of the County of Fulton, and for other purposes.

The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Preston and Almand of Walton-
House Bill No. 133. A bill to empower the Prison Commission to control and direct the place of service of all sentences of persons convicted in the courts of Georgia; to provide that the Prison Commission may provide suitable camps for youthful criminals; and for other purposes.

By Messrs. Whipple of Bleckley an.d Groover of Troup-
House Bill No. 284. A bill to amend Title 40, Chapter 4Q-2, Se.ction 4Q-206 of the 1933 Code providing for the suspension of the Comptroller-General, and for other purposes.

THURSDAY, FEBRUARY 25, 1937.

1233

By Mr. Musgrove of Clinch-
House Bill No. 296. A bill to abolish the county court of Clinch County, and for other purposes.

By Mr. Musgrove of ClinchHouse Bill No. 298. A bill to create a charter for the
City of Homer~ille, and for other purposes.

By Messrs. Kendrick of Fulton, Lanier of Richmond, and

Turner of DeKalb-



House Bill No. 316. A bill to prohibit the sale of goods on the open market produced by convicts in Georgia or in any other state; to repeal Section 77-323, Chapter 77-3 of Title 77 of the 1933 Code; and for other purposes.

By Mr. Cogdell of Glynn-
House Bill No. 354. A bill to amend the charter of the City of Brunswick by providing its City Commission shall not have power to require any street or road duty, and for other purposes.

By Mr. Jackson of Habersham-
House Bill No. 355. A bill to amend an Act repealing the charter of the City of Demorest, and define the limits thereof; to create a city council and a board of education; and for other purposes.

By Mr. Jackson of Habersham-
House Bill No. 356. A bill to amend an Act approved October 22, 1887, incorporating the City of Cornelia, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 439. A bill to amend an Act to amend the charter of the City of Lavonia (Acts of 1918, pages 710

1234

JouRNAL OF THE SENATE,

to 739); to provide that candidates for Mayor and Councilman file notice of intention to offer for office ten days prior to date of election; and for other purposes.

By Mr. Brown of GreeneHouse Bill No. 459. A bill to amend the charter of the
City of Woodville, and for other purposes.
The following bills of the House were read the first time and referred to the committees:

By Mr. Sabados of Dougherty and others-
House Bill No. 117. A bill to t;egulate the use of the Public Highways and to provide for maximum weight and size of vehicles using the highways, and for other purposes.
Referred to Committee on Motor Vehicles.

By Mr. Cugdell of Glynn-
House Bill No. 159. A bill to create a Department of Natural Resources and four subdivisions thereof; to provide for the control and jurisdiction of said department; and for other purposes.
Referred to Committee on Conservation.

By Mr. Sapp of Coffee-
House Bill No. 476. A bill to create the office of Tax Receiver of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Sapp of Coffee-
House Bill No. 477. A bill to create the office of Tax Collector of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, FEBRUARY 25, 1937.

1235

By Mr. Sapp of Coffee-
House Bill No. 478. A bill to repeal an Act approved August 14, 1931, abolishing the offices of Tax Receiver and Tax Collector, and creating in lieu thereof the office of Tax Commissioner of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Hampton of Fannin-
House Bill No. 479. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Ragan of Pulaski-
House Bill No. 483. A bill to amend an Act to abolish the office of Treasurer of Pulaski County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Sabados of Dougherty-
House Bill No. 537. A bill to amend the charter of the City of Albany, and for other purposes.
Referred to Committee on Municipal Government.

. As unfinished business from the previous session, the following bill of the House was taken up for further consideration by the Senate:
By Mr. Sutton of Wilkes and others-
House Bill No. 121. A bill to create a committee to investigate State affairs, and for bther purposes.
The Senate Committee Amendment No. 3, which prOvided for the appropriation of $50,000.00 for the investiga-

1236

JouRNAL OF THE SENATE,

tion, was withdrawn from the consideration of the Senate by unanimous consent.

At this time Miss Colleen Moore and party accompanied by the distinguished committee of escort from the Senate entered the Senate Chamber.
The Secretary read Senate Resolution No. 70, which invited Miss Moore to visit the Senate, after which the President presented to the members of the Senate the charming and distinguished visitor who briefly addressed the Senate.

Senator Harrison of the 17th District moved the previous question on House Bill No. 121 and all amendments thereto and the call was sustained.
The main question was ordered.

Senator Harrell of the 12th District offered the following amendment to House Bill No. 121:

Moves to amend said bill by striking from Section 6, lines 5 and 6 in their entirety.

On the adoption of the Harrell amendment, Senator . Whitehead 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:

Almand Aultman Forrester Griner Hampton Hardman Harrell

Harrison Home Jackson Jones KimbroUgh Moye
NeelY

Peterson Pruett Purdom Shannon Thrasher Whitehead

THURSDAY, FEBRUARY 25, 1937.

1237

Those voting in the negative were Senators:

Allen Atkinson Atwood Brock Burgin Burrell Chason Clements Ennis

Fowler Greer Holmes Johnson Knabb Lindsay McCutchen McKenzie Millican

Patten Pope Shedd Sikes Sutton Terrell Walker Williams

The roll call was verified.

The ayes were 20, the nays 26.

The amendment not having received a majority was lost.

Not voting were: Senators Flynt of the 26th District, Peebles of the 18th District, Phillips of the 29th District, and Sammon of the 51st District.

Senator Thrasher of the 27th District moved that House Bill No. 121 and amendments be indefinitely postponed. The motion was ruled out of order by the President.
Committee amendment No.2 was lost.

Committee amendment No. 1 read as follows:
Moves to amend said House Bill No. 121 by adding the following words at the end of said section:
"To repeal all laws or parts of laws in conflict with this Act."
Committee amendment No.1 was adopted.
On agreeing to the report of the committee, which was favorable to the passage of the bill, as amended, Senator Harrell of the 12th District called for the ayes and nays and the call was sustained.
The roll was called, the result not being announced.

1238

JouRNAL oF THE SENATE,

Senator Lindsay of the 34th District moved that the Senate reconsider it's action in calling the main question.

On the motion by Senator Lindsay to reconsider, Senator Harrell of the 12th District called for the ~yes and nays and
the call was sustained.

The roll was called and the vote on the motion to reconsider the action of the Senate in calling the main question was as follows:

Those voting in the affirmative were Senators:

Allen Atkinson Brock Ennis Fowler Holmes

.Johnson Knabb Lindsay McKenzie Patten Pope

Shedd Sikes Sutton Walker

Those voting in the negative were Senators:

Almand
A~ood
Aultman Burgin Burrell Chason Forrester Greer Griner

Hampton
H~~n
Harrell Harrison Home .Jackson .Jones Kimbrough
Millican

Mo:ve
N~~
Peterson Pruett Purdom Shannon Terrell Thrasher Whitehead

Verification of the roll call was dispensed with.

The ayes were 16, the nays 27.
The motion to reconsider the action of the Senate in calling the main question was lost.
Not voting were: Senators Clements of the 9th District, Flynt of the 26th District, McCutchen of the 43rd District, Peebles of the 18th District, and Williams of the 5th District.
The vote on agreeing to the report of the committee, which was favorable to the passage of the bill, as amended, was as follows:

THURSDAY, FEBRUARY 25, 1937.

1239

Those voting in the affirmative were Senators:

Allen Atkinson Aultman Brock Burgin Chason Ennis

Holmes .Johnson Knabb Lindsay McKenzie Patten Pope

Sheda Sikes Sutton Terrell Thrasher Walker Williams

Those voting in the negative were Senators:

Almand Atwood Burrell Clements Forrester Greer Griner Hampton

Hardman Harrell Harrison Home .Jackson .Tones Kimbrough Millican

Moye Nee]y Peterson Pruett Purdom Shannon Whitehead

The roll call was verified.

The ayes were 21, the nays 23.

The report of the committee was disagreed to and the bill was lost.

Senator Harrell of the 12th District moved that the Senate reconsider its action in disagreeing to the report of the committee.

Senator Lindsay of the 34th District moved that the motion to reconsider the action of the Senate in disagreeing to the report of the committee be tabled.

Senator Harrison of the 17th District moved that the Senate do now adjourn. The motion was -lost.

Senator Lindsay of the 34th District addressed the Chair on a point of order.

1240

JOURNAL OF THE SENATE,

Senator Lindsay of the 34th District moved that the Senate do now adjourn. The motion was lost.

Senator Lindsay of the 34th District moved that the Senate recess until 1:30 o'clock, P. M., today at which time it reconvene for an afternoon session. The motion was lost.

Senator Lindsay of the 34th District moved that further consideration of the motion to reconsider the action of the Senate in disagreeing to the report of the committee be postponed until1:30 o'clock, P.M., today.

The Chair put the motion by Senator Harrell of the 12th District that the Senate reconsider it's action in disagreeing to the report of the committee. The motion was lost.

Senator Fowler of the 39th District moved that the Senate recess until 1:30 o'clock, P. M., at which time it reconvene for an afternoon session. The motion prevailed.

The President announced that the Senate stood recessed until1:30 o'clock,P. M.

The hour of 1:30 o'clock, P. M., having arrived, the President called the Senate to order.

The following resolutions of the Senate were read and adopted:

By Senators Spivey of the 16th District, Atkinson of the 1st District, Purdom of the 46th District, Pope of the 7th District, Williams of the 5th District, Sutton of the 47th District, and many others-
Senate Resolution No. 72. A resolution expressing to Han. Paul Lindsay, the Senator from the 34th District, our absolute confidence in his integrity, our appreciation of his

THURSDAY, FEBRUARY 25, 1937.

1241

great and unselfish endeavors as a Senator, and our regard and esteem for him as a citizen and a friend.

By Senator Kimbrough of the 25th District-
Senate Resolution No. 73. A resolution expressing the
sympathy of the Senate to Hon. Jas. J. Flynt, Senator from
the 26th District, upon his recent illness.

The following bill of the Senate having been last considered by the Senate on February 22nd and set as a special order for today was taken up for consideration:

By Senator Neely of the 36th District-
Senate Bill No. 59. A bill to fix the time within which settlements and compromises may be effected in all causes of action arising out of torts; to render voidable contracts made within sixty days after the date of injury; and for other purposes.

The committee substitute, as amended, which was passed on February 22nd, read as follows:

A BILL
To be entitled an Act to fix the time within which settlements and compromises may be affected in all causes of action arising out of torts; to render voidable contracts made within fifteen days after the date of personal injury, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by an authority of the same, that from and after the passage of this Act, all compromises and/or settlements of causes of actions arising out of torts, made within fifteen days of the date of the personal injury from which such causes of action arose, shall be voidable at the option of the party executing the release and;or instrument of accord and satisfaction.

1242

JouRNAL OF THE SENATE,

Section 2. Be it further enacted by the authority aforesaid that from and after the passage of this Act no release andjor instrument of accord and satisfaction of a cause of action arising out of tort shall be pleaded as a defense or be admissible in evidence against the party so executing the same, if it appears that such release and;or instrument of accord and satisfaction was executed within fifteen days of the injury and it shall be permissible for the person executing such release and;or instrument of accord and satisfaction to introduce parole evidence to show that such release or instrument of accord and satisfaction was, in fact, executed within fifteen days of the date of the injury, where such release or instrument of accord and satisfaction is dated more than fifteen days after the date of the personal injury. Provided, however, that this bill will not affect any settlements made for a consideration of less than $100.00 exclusive of hospital and medical costs.

Section 3. Be it further enacted by the authority aforesaid that any release and/or instrument of accord and satisfaction may be attached in any court where the same is pleaded as a defense without any special pleading and the jury shall cause the evidence in reference to the release and;or instrument of accord and satisfaction along with the other testimony and render a general verdict.

Section 4. Be it further enacted by the authority aforesaid that settlement may be affected within fifteen days of the date of personal injury if approved by a court of record and if the claimant is represented by an attorney in such proceedings. The Judge of such Court of Record is hereby empowered to approve any settlement either in term time or in Vacation at Chambers.
Section 5. That from and after the passage of this Act that whenever a release is given by a party injured by a tort and the intention of the parties was to settle and satisfy a minor injury and not a permanent injury and the con-

THURSDAY, FEBRUARY 25, 1937.

1243

sideration was paid for a minor personal injury, the party

injured may bring suit and show that he suffered a perma-

nent injury from the tort and that the permanent injury

was not in the contemplation and intention of the parties

and was unknown to the party injured at the time of sign-

ing the release and making the settlement, such a release

and compromise will not bar an action for a permanent

injury. Provided, however, the jury shall allow credit for

any amount previously paid for a minor injury on recovery

as for a permanent injury.



Section 6. Be .i.t further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and they are hereby repealed.

Senator Harrell of the 12th District offered the following amendment:

Moves to amend caption of Senate Bill No. 59 by adding

thewords after the word "injury" in line 3 of the substitute

the following:



"to prescribe when and under what circumstances and

conditions a release and receipt and satisfaction will bar

an action for a permanent injury."



.The amendment was adopted.

Senator Harrell of the 12th District moved that the bill,

by substitute, as amended, be voted on section by section.

The motion prevailed.

.

I.

On the passage of Section 1 of the bill, by substitute, as

amended, Senator Harrell of the 12th District called for the

ayes

and

nays '

and

the

c. all was

sustained.

,_,--_:

The roll was called and the vote was as follows:

1244

JouRNAL oF THE SENATE,

Those voting in the affirmative were Senators:

Griner Harrell Harrison Home Jackson Jones

McKenzie Mo;ve Neely
Peterson Purdom Shannon

Shedd Terrell Walker Whitehead Williams

Those voting in the negative were Senators:

Allen Atkinson Atwood Aultman Burgin Burrell Chason Clements

Fowler Greer Hardman Johnson Kimbrough Knabb Lindsay
McCutchen

Patten Peebles Pope
Pruett Sikes Sutton Thrasher

Verification of the roll call was dispensed with.

The ayes were 17, the nays 23.

Section 1 was therefore lost.

Not voting were: Senators Almand of the 50th District, Brock of the 37th District, Ennis of the 20th District, Flynt of the 26th District, Forrester of the 44th District, Hampton of the 41st District, Holmes of the 22nd District, Millican of the 35th District, Phillips of the 29th District, and Sammon of the 51st District.

Senator Harrell of the 12th District asked unanimous consent that Sections 2, 3 and 4 be stricken from the bill, by substitute, as amended. The consent was granted and the sections were stricken.

Senator Harrell of the 12th District offered the following amendment:
Moves to renumber the adopted section 1 of the bill by

THURSDAY, FEBRUARY 25, 1937.

1245

substitute, as amended, as number 1 and the repealing section as Section 2.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute, as amended.
On the passage of the bill by substitute, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute, as amended.

Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 59 be immediately transmitted to the House and the consent was granted.
The report of the Conference Committee on Senate Bill No. 61 as follows, was read and adopted:

IN THE GENERAL ASSEMBLY OF GEORGIA, 1937 SESSION
Mr. President,

Mr. Speaker:
Your conference committee, composed of Senator Harrison of the 17th, Senator Ennis of the 20th, and Senator Allen of the 31st, on the part of the Senate; and Mrs. Coxon of Long, Mr. Key of Jasper and Mr. Moore of Baldwin, on the part of the House, having had referred to them as a joint conference committee Senate Bill No. 61, being the Department of Public Welfare Reorganization Act, beg to report that we have conferred on February 24, 1937, and submit to you the results of our conference and recommend disposition of the amendments to said bill numbered as follows:

1246

JouRNAL OF THE SENATE,

1.
We recommend and agree that the Senate recede and that an additional subsection to Section 6 of said bill to be known as subsection 17 be added as follows:
"17. Certify and approve such hospitals applying therefor, which may be found to be eligible to render hospital service under any group non-profit hospital insurance plan, which may be approved and become effective, and supervise the services rendered by hospitals operating under such plan, with authority to withdraw approval from any hospital which subsequently may under rules and regulations of the State Department hecome ineligible for rendering such services, provided that in fixing rules and regulations in this connection, or in enforcing such rules, hospitals interested therein shall be given opportunity to be heard."

2.
We recommend and agree that the House recede and that Section 10 be amended by including therein as the last sentence of said section the following:
"Provided, however, the gross expenses so assessed against a county shall not exceed the amount of the budget of said county previously set aside and levied by said county authorities for said purpose."

3.
We recommend and agree that the Senate recede and that Section 15 in line nine be amended by striking the following words:
"The State Treasurer upon authority of," so that the sentence in which the words moved to be stricken after 1;>eing stricken therefrom will read as follows:
"Nine-tenths of the administration cost of the County

THURSDAY, FEBRUARY 25, 1937.

1247

Department shall be reimbursed to the county by the State Director of Public Welfare from funds appropriated or made available for this purpose,-etc."

4.
We recommend and agree that the House recede and that Section 15 be amended by inserting as the last sentence in said section beginning with the word "Provided" in line seventeen thereof as follows:
"Provided the gross expenses assessed against any county shall not be in excess of the amount available in accordance with the provisions of Section 10 of thisAct."

5.
We recommend and agree that the Senate recede and that Section 19 (a) be stricken in its entirety as therein written and by inserting in said bill in lieu thereof as an addition to Section 6 of said bill to be known as subsection 16 as follows:
"16. Be empowered with authority to create and eStablish a Board of Trustees for the Milledgeville State Hospital, and/or any other eleemosynary institution of the State, with general representation from each congressional district of the State on any board which may be established; such board or boards to be empowered with duties and authority delegated to them by the State Department and to function under the direction of the State Department, and to cooperate with the State. Purchasing Department in connection with the purchasing of supplies and necessities for such institution or institutions; such board or boards in the discretion of the State Department to be established whenever and;or wherever practicable and advisable for the operation of such institution or institutions."

1248

JouRNAL oF THE SENATE,

6.
We recommend and agree that the Senate recede and that Section 3 be amended by striking from the second line the words" four additional members" and inserting in lieu thereof the following words: "six additional memhers, one of which said members shall be a medical doctor in active practice and one a dentist in active practice."

7.
We recommend and agree that the Senate recede and that Section 3 be further amended by striking from the ninth and tenth lines. the following: "The terms of the remaining four members of the Board shall be two for terms of one year and two for terms of three years", and inserting in lieu thereof the following: "The terms of the remaining six members of the Board shall be three for terms of one year and three for terms of three years."

8.

We recommend and agree that both the Senate and the

House recede by striking the figures "$5,000.00" in line

four of Section 5 of said Act and by inserting in lieu thereof

the figures "$6,000.00".



9.
We recommend and agree that the Senate recede and that Section 10 be amended by striking from line two of said Section the following words: "judge of the superior court of the county" and by inserting in lieu thereof the words "county commissioner or board of commissioners, or the constituted fiscal or financial agent of each respective county", so that the first sentence of said Section 10 when amended shall read as follows:
"The County Board of Public Welfare shall consist of five members appointed by the county commissioner

THURSDAY, FEBRUARY 25, 1937.

1249

or board of commissioners, or the constituted fiscal or financial agent of each respective county with the approval of the State Department, provided that no elected officer of the State or any sub-division shall be eligible for such appointment."

10.
We recommend and agree that the Senate recede and that Section 10 be further amended by striking from lines ten and eleven the words "out of the general funds of the county", so that the sentence as amended shall read as follows:
"The members of the county board shall serve without compensation except that they shall be reimbursed for the amount of their traveling and other expenses actually incurred in the performance of their official duties."

11.
We recommend and agree that the Senate and House both recede and propose that Section 11 be amended by striking from lines two and three the following words: "who shall be appointed from a list of eligibles certified by the State Department of Public Welfare as meeting,. and by inserting in lieu thereof the following words: "who shall meet the", and by striking the word "It" in the fourth line and by inserting in lieu thereof the words "the State Department", so that said sentence, as amended, shall read as follows: "It shall be the duty of the County Board of Public Welfare to appoint a County Director of Public Welfare, who shall meet the qualifications prescribed by the State Department."

12.
We recommend and agree that the Senate recede by striking from Section 18 all of said section after the words

1250

JouRNAL oF THE SENATE,

"as created in this Act" in line nine thereof and by adding in lieu of the same the following:
"Provided, however, that effective July 1, 1937, the authority and duti,es in supervising and conducting the management of the State Tuberculosis Sanatorium, as laid down in Chapter 35-4 of the 1933 Code of Georgia are hereby transferred and removed to the State Board of Health of Georgia."

13.
We recommend and agree that the Senate recede and that an additional section to be known as Section 20 (a) be adopted and added to read as follows:
"20 (a). That no individual, supervisor, or member of the State or County Boards herein created, having to do with the administration of this Act, shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this Act."

14.
We recommend and agree that the Senate recede and that the .amended caption including adequate provisions for all amendments heretofore adopted in said bill as prepared by Mr. Parker of Colquitt and adopted in the House do be inserted in lieu of the original caption of said bill as follows:
"A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government by abolishing the Board of Control of eleemosynary institutions created under and by virtue of an Act approved August 28, 1931 (Acts 1931, pages 7, 15); by abolishing the Board of Public Welfare created under and by virtue of an Act approved August 18, 1919 (Acts 1919, pages 222, 228) and transferring the functions and activities of the two said Boards to the Department herein created; by

THURSDAY, FEBRUARY 25, 1937.

1251

transferring and removing from the Veterans Service Office the functions in administering, distributing, and supervising payment of pensions to ex-Confederate soldiers and sailors and their dependents as provided for in Title 78, Chapter 78-2 of the 1933 Code of Georgia, and vesting such functions in the Department herein created; by creating the State Department of Public Welfare of Georgia and distributing to said Department the above duties and functions of said Executive Branch, defining such powers, duties and functions and coordinating the same; and fixing salaries, terms of office, method o{ appointment and duties and qualifications of the personnel in charge thereof; by defining the State Department of fublic Welfare as an institution of the State of Georgia within the meaning of the Constitution of the State as codified in Section 2-4901 of the 1933 Code of Georgia; by defining terms used in this Act, by providing for a Director and a State Board and their duties, by providing for activities of the State Department and a Departmental and County Organization with County Boards, County Directors, County Staffs, and their respective duties; by providing for County and Sta,te appropriations, and for the State and County Directors to be bonded; by authorizing the Department to cooperate with the agencies and instrumentalities of the Federal Government in administering all of the provisions of Titles I, IV, V (Part 3) and X of Public Number 271, Seventy-Fourth Congress, House Resolution 7260, being the Federal Social Security Act, with any amendment which may subsequently be enacted by the Congress of the United States; to authorize the creation within the Public Welfare Department of a Board of Trustees for the Milledgeville State Hospital and other eleemosynary institutions of the State, and, if created, to define its duties and powers; to permit said Public Welfare Department to certify and approve hospitals eligible to render hospital service under any group non-profit hospital insurance plan and to authorize said department to with- -

1252

JouRNAL oF THE SENATE,

draw approval from any such hospital in its discretion and to provide for the rules and regulations controlling said hospitals in connection with the administration of their affairs; to limit the gross expenses assessed against a county for the administration of this Act; to restr~ct the sale of supplies or other items to the institutions benefited by this Act, by providing that no interested supervisor or member of the State or County Board shall be authorized to sell supplies to said institutions; by providing. a saving clause and a short title; and repealing all laws and parts of laws in conflict herewith, and for other purposes."

The above report of your conference committee is respect-

fully submitted and a copy offered in each branch of the

General Assembly.



On the part of the Senate: HARRISON of the 17th District, ENNIS of the 20th District, ALLEN of the 31st District.

On the part of the House: MRs. CoxoN of Long, KEY of Jasper, MooRE of Baldwin.

The following resolution of the Senate was read and adopted:

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Purdom of the 46th District-
Senate Resolution Nc.. 7~. A resolution requesting the
Governor of Georgia to appoint a State Constitution Sesquicentennial Commission to cooperate with the United States

THURSDAY, FEBRUARY 25, 1937.

1253

Constitution Sesquicentennial Commission in celebrating the 150th anniversary of the formation and ratification of the Constitution of the United States.

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

By Senator Johnson of the 42nd DistrictSenate Bill No. 50. A bill to establish a State Board for
the Certification of Librarians, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 1.
The bill having received the requisite constitutional majority was passed.

The following privilege resolutions of the Senate were read and adopted:

By Senators Allen of the 31st District and Knabb of the 4th District-
A resolution extending the privileges of the floor to Han. H. Langdale, a prominent Attorney of Valdosta.

By Senators Forrester of the 44th District, McCutchen of the 43rd District, and Johnson of the 42nd District-
A resolution extending the privileges of the floor to Han. C. W. Hitt, Treasurer of Dade County.

Senator Greer of the 13th District was granted a leave of absence on account of illness in his family.

Senator Millican of the 35th District moved that the Senate do now adjourn to stand adjourned until tomorrow at 9:00 o'clock, A.M.

1254

JOURNAL OF THE SENATE,

Senator Harrell of the 12th District moved that the Senate do now adjourn.

The motion by Senator Harrell of the 12th District prevailed.

The President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock.

FRIDAY, FEBRUARY 26, 1937.

1255

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, FEBRUARY 26, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A.M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Terrell of the 19th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and resolutions.

1256

JouRNAL OF THE SENATE,

5. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

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

By Senator Ennis of the 20th District-
Senate Bill No. 166. A bill to provide that streets lying within corporate limits of municipalities and forming a continuation of the State-aid System of Roads shall become a part of the State-aid System of Roads and shall be maintained by the State Highway Board, and for other purposes.
Referred to Committee on Municipal Government.

By Senators Hardman of the 33rd District and Whitehead of the 30th District-
Senate Bill No. 167. A bill to amend Section 68-201 of the 1933 Code relating to the registration and license of motor vehicles and chauffeurs, and for other purposes.
Referred to Committee on Motor Vehicles.

By Senator Jackson of the 14th District-
Senate Bill No. 168. A bill to enlarge and define the powers and duties of the State Auditor, and for other purposes.
Referred to Committee on Finance.

By Senator Shedd of the 3rd District-
Senate Bill No. 169. A bill to provide that any dairyman or milk dealer may register the brand used on milk bottles with the Ordinary of county in which he sells or delivers milk; providing that it shall be a misdemeanor to commer-

FRIDAY, FEBRUARY 26, 1937.

1257

cially sell or exchange milk bottles bearing the registered mark of any dealer other than his own; and for other purposes.
Referred to Committee on Agriculture.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President: Your Committee on Municipal Government has had under
consideration the following bills of the House and has in-structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 347.
House Bill No. 436.
Respectfully submitted,
PEEBLES, Chairman.

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 152.
Respectfully submitted,
KNABB, Vice-Chairman.

1258

JOURNAL OF THE SENATE,

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 408.
Respectfully submitted,
PHILLIPs, Chairman..

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committeeon Special Judiciary has had under con-
sideration the following bills of the House and Senate and has instructed me,,~s chairman, to report the same back to the Senate with the ~ec?mmendation that the same do pass:
House Bill" No. 351.
Senate Bill No. 153.
Respectfully submitted,
j .,
ALLEN, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President: Your Committee on Highways and Public Roads has had

FRIDAY, FEBRUARY 26, 1937.

1259

under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recomme~dation that the same do pass, as amended:
Senate Bill No. 36.

Respectfully submitted, PHILLIPs, Chairman.

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bills of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 86 do not pass.

Senate Bill No. 87 do pass.

Senate Bill No. 88 do not pass.

Senate Bill No. 89 do not pass.

I' J._

Respectfully submitted,

KNABB, Vice-Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agricurture has had under consideration the following hills and resolution of the Senate and

1260

JouRNAL oF THE SENATE,

House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 115 do pass, as amended.
Senate Bill No. 127 do pass. House Bill No. 274 do pass. House Resolution No. 26-141 do pass.
Respectfully submitted, PuRDOM, 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 ma-
jority the following bill of the House, to-wit:

By Messrs. Harris and Lanier of Richmond-
House Bill No. 107. A bill to be entitled an Act to license Chain Stores and Moving Picture Theatres, and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:
By Senator Spivey of the 16th District-
Senate Resolution No. 68. A resolution appointing a committee to consider repairing and refurnishing the Governor's Mansion.
Under the Provision of Senate Resolution No. 68, the Speaker has appointed as a committee on the part of the House the following members of the House:
Messrs. Palmour of Hall, Smith of Muscogee, and Flanders of Emanuel.

FRIDAY, FEBRUARY 26, 1937.

1261

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

By Messrs. McNall, Grayson, and Cohen of Chatham-
House Bill No. 126. A bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, etc., relating and supplementary thereto to create Armstrong Junior College Commission, and for other purposes.
Under the provisions of Senate Resolution No. 46, the Speaker has appointed as a committee on the part of the House the following members of the House, to-wit:
Messrs. Mundy of Polk,
Coleman of Lowndes, and
Sanders of Harris.

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

Mr. President:
The House has adopted the report of the Committee of Conference on House Bills Nos. 2, 218, 219,231 and Senate Bill No. 61.

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

By Senator Millican of the 35th District-
Senate Bill No. 36. A bill to authorize the State Highway Department to take over the maintenance of streets that form parts of state highways in cities of more than 200,000 population, and for other purposes.

1262

JOURNAL OF THE SENATE,

By Senator Knabb of the 4th District-
Senate Bill No. 87. A hill to amend Section 13-2013, Title 13, of the 1933 Code, fixing the limit of loans which may he made by a hank, by specifying the kind of security which is to he required where loans exceed ten percent of the capital and surplus, and for other purposes.

By Senators Harrison of the 17th District, Chason of the 8th District, Purdom of the 46th District, and Williams of the 5th District~
Senate Bill No. 115. A hill to prevent the introduction into and dissemination within this State of insect pests and diseases of plants; to establish a State Department of Entomology; and for other purposes.
By Senator Whitehead of the 30th District-
Senate Bill No. 127. A bill to amend the Motor Carriers' Act of 1931, so as to include granite and other mine products as additional agricultural products as therein defined, and for other purposes.
By Senator Jackson of the 14th District--
Senate Bill No. 152. A bill to amend Title 13 of the 1933 Code (Banking Law) so as to provide for the regulation.and terms upon which banks may do business, and for other purposes.

By Senator Johnson of the 42nd District-
Senate Bill No. 153. A bill to amend Section 92-5001 of the 1933 Code so as to change the rate of interest on tax fi. fas. from seven per cent per annum to four per cent per annum, and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:

FRIDAY, FEBRUARY 26, 1937.

1263

By Messrs. Cochran of Thomas and Bargeron of Burke-
House Bill No. 274. A bill to amend an Act of March 26, 1935, (Ga. Laws, 1935, 364-367) providing marketing regulations for eggs, and for other purposes.

By Mr. Carmichael of Cobb and others-

House Bill No. 351. A bill to amend an Act abolishing

the fee system of the Blue Ridge Judicial Circuit and fixing

salary in lieu thereof, and for other purposes.

'

By Mr. Hodges of Liberty-
House Bill No. 408. A bill to amend an Act approved March 12, 1935, (page 717, etc.), so as to provide how Roa!f Commissioners shall be elected, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bili No. 436. A bill to extend the City limits of Valdosta, and for other purposes.

By Messrs. Houze and Coleman of Lowndes-
House Bill No. 347. A bill to amend the charter of the City of Valdosta, and for other purposes.

The following resolution of the Senate was read the first time and ordered to lie on the table for one day.

By Senator Patten of the 6th District-
Senate Resolution No. 75. A resolution requesting the State Highway Board of Georgia to install ridges of concrete, metal point or other material on existing hard-surfaced roads in Georgia marking the center thereof, and f<;>r other purposes.

The following resolution of the Senate was read and adopted:

1264

JouRNAL oF THE SENATE,

By Senator Patten of the 6th District-
Senate Resolution No. 76. A resolution requesting the Georgia delegation and the Congress of the United States to introduce and press for enactment laws that will compel the manufacturers of motor vehicles to either so construct the mechanism of the car as to insure a maximum speed of not exceeding 50 miles per hour, and for other purposes.

The following resolutions of the Senate were read first time and ordered to lie on the table for one day:

By Senator Patten of the 6th District-
Senate Resolution No. 77. A resolution requesting the :Department of Public Safety to adopt rules and regulations that will require monthly inspection of all motor vehicles operated on the highways of the State of Georgia, and for other purposes.

By Senator Patten of the 6th District-
Senate Resolution No. 78. A resolution requesting the State Board of Education and the State Superintendent of Schools to have the schools of this State give courses to the pupils therein on accident prevention, and for other purposes.

Senator Lindsay of the 34th District moved that the following bill of the Senate be taken up at this time for the purpose of disagreeing to the report of the committee, which was adverse to the passage of the bill:

By Senator Lindsay of the 34th District-
Senate Bill No. 123. A bill providing that in cities of 150,000 or more population where a paid fire department is maintained there shall be a fireman's board of civil service, and for other purposes.

FRIDAY, FEBRUARY 26, 1937.

1265

The report of the committee was disagreed to and the bill was given a second reading.

Senator Johnson of the 42nd District asked unanimous consent that further consideration of Senate Resolution No. 45 be postponed until Tuesday, March 2nd. The consent was granted.
Senator Ennis of the 20th District asked unanimous consent that Senate Resolution No. 47 be recommitted to the Committee on Highways and Public Roads. The consent was granted and the resolution recommitted.

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

By Messrs. Hill and Joel of Clarke-
House Resolution No. 26. A resolution expressing assent of the Legislature of Georgia to provisions and purposes of the Act approved June 29, 1935, (Public No. 182-74th Congress).
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Senator Spivey of the 16th District-
Senate Bill No. 99. A bill to authorize the State Highway Board to take over and maintain certain roads as part of the State-aid System, and for other purposes.
The committee offered the following amendment to Sen
ate Bill No. 99:

1266

JOURNAL OF THE SENATE,

Amend line one in caption after the word "empower" by striking the word "direct" and inserting in lieu thereof the words "in the discretion of;" to further amend section one, line four by striking the word "directed" and inserting in lieu thereof the words "in the discretion of the State Highway Board and creating no obligation upon the State Highway Board."
The committee amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 26, the nays 0.
The bill having received tlie requisite constitutional majority was passed, as amended.

Senator Ennis of the 20th District asked unanimous consent that Senate Bill No. 104, known as the Civil Service Act, be postponed until Tuesday, March 2nd, and made a special order of business for that day. The consent was granted.

By Senator Millican of the 35th District-
Senate Bill No. 112. A bill to amend Section No. 201, Chapter 77, Title 77, of the 1933 Code of Georgia, so as to provide that any county may establish and maintain farms, quarters or other places of confinement for misdemeanor convicts, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
l
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

:fRIDAY, FEBRUARY 26, 1937.

1267

By Senator Harrell of the 12th District-
Senate Bill No. 114. A bill to prescribe the penalty of perjury; to provide that the trial jury of any person charged with perjury may add to their verdict of guilty a recommendation that the defendant be punished as for a misdemeanor, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Lindsay of the 34th District asked unanimous consent that the Senate take a short recess subject to the call of the Chair.

The President called the Senate to order.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 204. A bill to change the amount of the bond of the Sheriff of Laurens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Musgrove of Clinch-
House Bill No. 296. A bill to abolish county court of Clinch County, Georgia.

1268

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitution.al majority was passed.

By Mr. Musgrove of Clinch-
House Bill No. 297. A bill to amend the Act creating Board of Commissioners and Revenues in and for the County of Clinch, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Musgrove of Clinch-
House Bill No. 298. A bill to create charter for City of Homerville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Thomas of Chattooga-
House Bill No. 305. A bill to amend an Act to abolish the Board of Commissioners of Chattooga County, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 26, 1937.

1269

On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of Glynn-
House Bill No. 354. A bill to amend the charter of the City of Brunswick by providing its City Commission shall not have power to require any street or road duty, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Jackson of Habersham-
House Bill No. 355. A bill to amend an Act entitled" An Act to repeal the charter of the City of Demorest, and define the limits thereof; to create a city council and a city board of education;" and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Jackson of Habersham-
House Bill No. 356. A bill to amend an Act approved Oct. 22, 1887, incorporating the City of Cornelia, conferring upon the city authority to distribute surplus water to customers located without its corporate limits, and for other purposes.

1270

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the. bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lewis and Bargeron of BurkeHouse Bill No. 434. A bill to fix the amount of Bond of
the Sheriff of Burke County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bil1 having received the requisite constitutional majority was passed.

By Mr. Adams of Franklin-

House Bill No. 439. A bill to amend the charter of the

City of Lavonia in Franklin County (Acts of 1918, Pages 710

to 739, inclusive) approved August 20, 1918, and all Acts

amendatory thereof, to provide that candidates for the office

of Mayor or councilman file a notice of intention to offer for

office at least ten days prior to the date of the election, and

for other purposes.



The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Morris of Douglas-
House Bill No. 445. A bill to amend, consolidate, and supersede the several Acts incorporating the Town of Douglasville, and for other purposes.

FRIDAY, FEBRUARY 26, 1937.

1271

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Brown of Greene--
House Bill No. 459. A bill to amend the charter of the City of Woodville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Beck of CarrollHouse Bill No. 466. A bill to amend the charter of the
Town of Bowdon, and for other purposes.
The report of the com-mittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Terrell of the 19th District asked unanimous consent that further consideration of Senate Bill No. 128, a bill to increase the salaries of the members of the Prison Commission, be postponed until Monday, March 1st and be made a special and continuing order of business for the day.
The consent was granted.

1272

JouRNAL oF THE SENATE,

By Senator Lindsay of the 34th District-
Senate Bill No. 142. A hill to amend Section 22-1302 of the Code of 1933, so as to provide that Judges of the Superior Court of this State shall he authorized to fix places of hearing of petitions for the dissolution of corporations at chamhers in vacation, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 26, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Senator Jones of the 38th District-
Senate Resolution No. 52. A resolution requesting the State Librarian to furnish certain law hooks to Paulding County, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resoluti9n, the ayes were 26, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Senator Harrell of the 12th District-
Senate Bill No. 117. A hill to provide punishment for violation of the Game and Fish Laws and all rules and regulations promulgated and adopted by the Game and Fish Commissioner, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 27, the nays 0.

FRIDAY, FEBRUARY 26, 1937.

1273

The bill having received the requisite constitutional major~ty was passed.

By Senators Harrell of the. 12th District and Burgin of the 24th District-
Senate Bill No. 141. A bill to amend Section 23-1403 of the Code of 1933, designating the powers of County Police, by adding thereto the provision that County Police have power to exe<;ute civil writs or levy executions issued by competent authority, and for other purposes.

Senator Holmes of the 22nd District moved that Senate Bill No. 141 be tabled and the motion prevailed.

By Messrs. Key of Jasper, Allison of Gwinnett, and Parker of Colquitt-
House. Bill No. 160. A bill to amend an Act entitled "An Act to create and establish the Securities Commission, and for other purposes," approved August 17, 1920, and Acts amendatory thereof, so as to more clearly define a security, to change the method of paying fees, and for other purppses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Purdom of the 46th District asked unanimous consent that further consideration of Senate Bill No. 150, a bill to regulate the practice of general road and street contracting, be postponed until Monday, March 1st. The consent was granted.

By Senator Griner of the 45th DistrictSenate Bill No. 147. A bill to add another road be-

1274

JouRNAL oF THE SENATE,

ginning at Ocilla in Irwin County and running to Willa-

coochee in Atkinson County to the Traylor-Neill Highway

Map, and for other purposes.



The report of the committee; which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 26, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Almand and Preston of Walton-
House Bill No. 133. A bill to empower the prison commission to control and direct the places of service of all sentences of persons convicted in the courts of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Atkinson of the 1st District asked unanimous consent that when the Senate adjourn today that it stand adjourned until Monday morning at 10:00 o'clock. The consent was granted.

Senator Atkinson of the 1st District asked unanimous consent that further consideration of House Bill No. 312, known as the Rural Post Roads Act, be postponed until Wednesday, March 3rd, and that it be made a special and continuing order of business for that day.
The consent was granted.

Senator Lindsay of the 34th District asked unanimous consent that the Secretary be authorized and instructed to

FRIDAY, FEBRUARY 26, 1937.

1275

have 100 copies of the original of House Bill No. 312 printed for the use of the Senators.
The consent was granted.

By Messrs. Whipple of Bleckley and Groover of Troup-
House Bill No. 284. A bill to amend Title 40, Chapter 40-2, Section 40-206 of the 1933 Code, by striking all of said Section 40-206 and enacting in lieu thereof a new section, providing for the suspension of the Comptroller General, and for other purposes.

Senator Lindsay of the 34th District moved that House Bill No. 284 be tabled. The motion prevailed.

Senator Harrell of the 12th District moved that Senate Bill No. 141 be taken from the table. The motion was lost.

By Messrs. Kendrick of Fulton, Lanier of Richmond, and Turner of DeKalb-
House Bill No. 316. A bill to prohibit the sale of goods on the open market produced by convicts in the State of Georgia or in any other State, to provide penalties for violation of this Act and to repeal Section 77-323 of the 1933 Code, and for other purposes.

Senator Terrell of the 19th District moved that House Bill No. 316 be recommitted to the Committee on Penitentiary.
On the motion by Senator Terrell, Senator Purdom moved the previous question and the call was sustained.
The main question was ordered.
The motion by Senator Terrell that House Bill No. 316 be recommitted was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1276

JoURNAL OF THE SENATE,

On the passage of the bill, the ayes were 26, the nays 1.

The bill having received the requisite constitutional majority was passed.

Senator Lindsay of the 34th District asked unanimous consent that the Senate take a short recess subject to the call of the Chair.

The Senate was called to order.

A sealed communication from His Excellency, the Governor, was received through the Executive Secretary, Honorable Downing Musgrove.

Senator Lindsay of the 34th District moved that the Senate go into executive session. The motion prevailed.

The President ordered the floor and galleries of the Senate cleared.

The following communication was transmitted by the Secretary of the Senate to His Excellency, the Governor:

FEBRUARY 26, 1936.
HaN. E. D. RIVERs,
Governor of Georgia,
Executive Department.
In compliance with Rules 4 and 5, governing the State Senate in Executive Session, I beg to report that your nomination of Han. Fred D. Neel, to be Solicitor of the City Court of Cartersville, Bartow County, for a term of four years from the time said appointee shall assume the duties

FRIDAY, FEBRUARY 26, 1937.

1277

of said Solicitor was this day confirmed by the Georgia Senate by a vote of 31 to 0.
Very sincerely yours,
JoHN W. HAMMOND, Secretary Georgia Senate.

The President called the Senate to order.

The following privilege resolutions were read and adopted:

By Senator Peterson of the 15th District-
A resolution extending the privileges of the floor to Hon. J. M. D. McGregor. a former member of the Senate from the 15th District.

By Senator Shedd of the 3rd District-
A resolution extending the privileges of the floor to D. T. Price, Lieutenant Governor Georgia Kiwanis, Hon. W. B. Gibbs, Solicitor Brunswick Judicial Circuit, Hon. W. B. Quinn, Clerk of Wayne Superior Court, and Hon. J. T. McLaughlin, Chairman of Commissioners of Wayne County.

By Senator Williams of the 5th District-
A resolution extending the privileges of the floor to Mrs. H. C. Koelz and Miss Virginia Tanner, distinguished ladies of Waycross, Ga.

Senator Lindsay pf the 34th District moved that the Senate do now adjourn. The motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock Monday morning, March 1st.

1278

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, MARCH 1, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
The President introduced to the Senate Rev. John D. Durden, Pastor of the Primitive Baptist Church of Swainsboro, Ga., whom he announced would act as Chaplain dur. ing the absence of Brother Fraser.
Prayer was ofFered by Rev. Durden.
Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found to be correct.
Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 122 and all amendmel'lts thereto be recommitted to the Committee on Public Utilities. The consent was granted and Senate Bill No. 122 was recommitted.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of

MoNDAY, MARCH 1, 1937.

1279

business immediately following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and resolutions.
5. Unfinished business of previous session.
6. Special orders.
7. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

The following communication from His Excellency, the Governor, was received and read:

March 1, 1937.

HoN. JoHN B. SPIVEY, President, And Members of the Georgia Senate, State Capitol, Atlanta, Ga.

Dear Mr. President and Senators:
On Wednesday evening, between six and eight o'clock, Mrs. Rivers and I will entertain the President and Members of the Senate at a buffet supper.

1280

JouRNAL oF THE SENATE,

It is our sincere hope that it will be possible for each of

you to be present.

'

Cordially yours, E. D. RIVERS, Governor.

The following communication from His Excellency, the Governor, was received and read:

HoN. JoHN B. SPIVEY, President, And Members of the Senate, Georgia Senate, State Capitol, Atlanta, Ga.

March 1, 1937.

Dear Mr. President and Senators:
I attach hereto copy of a letter from President Franklin D. Roosevelt and two exhibits, which are self-explanatory.
I suggest that this letter from President Roosevelt be read in open session of the Senate and that it be referred to the Conservation Committee of the Senate for attention.
Respectfully,
E. D. RIVERS, Governor.

MoNDAY, MARCH 1, 1937.

1281

T~E WHITE HousE, WASHINGTON,

FEBRUARY 23, 1937.

My dear Gor:ernor:
The dust storms and floods of the last few years have underscored the importance of programs to control soil erosion. I need not emphasize to you the seriousness of the problem and the desirability of our taking effective action, as a Nation and in the several States, to conserve the soil as our basic asset. The Nation that destroys its soil destroys itself.
In the Act of Congress approved April 27, 1935 (Public No. 46 of the 74th Congress), the Federal Government, through the Soil Conservation Service of the Department of Agriculture, initiated a broad program for the control of soil erosion. Demonstration work has been undertaken but much remains to be done. The conduct of isolated demonstration projects cannot control erosion adequately. Such work can only point the way.

The problem is further complicated by the fact that the failure to control erosion on some lands, particularly if such eroding lands are situated strategically at the heads of valleys or waterheads, can cause a washing and blowing of soil onto other lands, and make the control of erosion anywhere in the valley or watershed all the more difficult. We are confronted with the fact that, for the problem to be adequately dealt with, the erodible land in every watershed must be brought under some form of control.

To supplement the Federal programs, and safeguard their results, State legislation is needed. At the request of representatives from a number of States, and in cooperation with them, the Department of Agriculture has prepared a standand form of suitable State legislation for this purpose, gen-

1282

JouRNAL OF THE SENATE,

erally referred to as the Standard State Soil Conservation Districts Law. The Act provides for the organization of "soil conservation districts" as governmental subdivisions of the State to carry on projects for erosion control, and to enact into law land-use regulations concerning soil erosion after such regulations have been approved in a referendum. Such legislation is imperative to enable farmers to take the necessary cooperative action.

I am sending to you several copies of the Standard State Soil Conservation Districts Law, with a memorandum summarizing its basic provisions. I hope that you will see fit to make the adoption of legislation along the lines of the Standard Act part of the agricultural program for your State.

Very sincerely yours,

His Excellency,

D. FRANKLIN

RoosEVELT.

E. D. RIVERS, Governor of Georgia, Atlanta, Georgia.

Enclosures.
The letter from the President and the material attached thereto was referred to the Committee on Conservation.

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

By Senator Atkinson of the 1st District-
Senate Bill No. 170. A bill to amend Section 93-205 of the 1933 Code providing for the suspension of the Public Service Commissioners by the Governor, and for other purposes.
Referred to Committee on State of the Republic.

MoNDAY, MARCH 1, 1937.

1283

By Senator Purdom of the 46th District-
Senate Bill No. 171. A bill to define and regulate the practice of naturopathy, and for other purposes.
Referred to Committee on State of the Republic.

By Senator McKenzie of the 48th District~
Senate Bill No. 172. A bill to amend the charter of the City of Cordele, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Atkinson of the 1st District-
Senate Bill No. 173. A bill to authorize courts of record in this State to render declaratory judgments, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Patten of the 6th District-
Senate Bill No. 174. A bill to amend Title 92 of the 1933 Code (''Public Revenue") Part V ("Equalization of Assessments"), and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senator Patten of the 6th Distric-t-
Senate Bill No. 175. A bill to amend Section 92-7601 of the 1933 Code relative to the collection of certain penalties for failure to pay tax executions, and for other purposes.
Referred to Committee on General Judiciary No.2.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

1284

JouRNAL oF THE SENATE,

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instmcted me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 491.
House Bill No. 537.
Respectfully submitted,
PEEBLES, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 476.
House Bill No. 477.
House Bill No. 478.
Respectfully submitted,
jACKSON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters has had

MoNDAY, MARCH 1, 1937.

1285

under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the -Senate with the recommendation that the same do pass:
Senate Bill No. 155.
House Bill No. 449.
House Bill No. 463.
House Bill No. 471.
Senate Bill No. 154.

Respectfully submitted, jACKSON, Chairman.

Senator Knabb of the 4th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President: Your Committee on Banks and Banking has had under
consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 113 do pass, by substitute. Senate Bill No. 90 do not pass.
Senate Bill No. 163 do pass.
Respectfully submitted, KNABB, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

1286

JouRNAL OF THE SENATE,

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 160.
Respectfully submitted,
ALLEN, Chairman.

Senator Patten of the 6th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 181.
House Bill No. 379.
House Bill No. 492.
Respectfully submitted,
PATTEN, Chairman.
Senator Jackson of the 14th District, Chairman Of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and.County Matters has had under 5=onsideration the following: bills of the Senate and

MoNDAY, MARCH 1, 1937.

1287

House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 470. House Bill No. 483. House Bill No. 479. Senate Bill No. 158. House Bill No. 455.
Respectfully submitted, jACKSON, Chairman.

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

By Senator Allen of the 31st District-
Senate Bill No. 113. A bill to amend Section 13-901 of the 1933 Code relating to the chartering of the business of banking by providing that the capital stock shall be not less than $15,000 in certain cases, and for other purposes.

By Senator McKenzie of the 48th District-
Senate Bill No. 154. A bill providing that registered voters qualified to vote for members of the G~neral Assembly shall be qualified to vote to fill the office of County School Superintendent in counties of nbt more than 18,100 and not less than 17,300 population, and for other purposes.

By Senator Aultman of the 23rd District-
Senate Bill No. 155. A bill to r:educe the bond of the Sheriff of Peach County, and for other_purposes.

1288

JouRNAL OF THE SENATE,

By Senator Harrell of the 12th District-
Senate Bill No. 158. A bill to prohibit Boards of County Commissioners of Roads and Revenues, or the Ordinary or other governing authority of any county from creating debts in excess of anticipated revenue, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 160. A bill to amend the several Acts creating and relating to the Municipal Court of Savannah, and for other purposes.

By Senator Knabb of the 4th District-
Senate Bill No. 163. A bill to amend the Banking Laws as codified in Title 13 of the 1933 Code defining the term "Bank" by excluding therefrom corporations chartered by the Superior Court, and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:

By Mr. Moore of Haralson-
House Bill No. 181. A bill to create an independent school system for the City of Tallapoosa, and for other purposes.

By Mr. Moore of Taliaferro--
Hause Bill No. 379. A bill to create a new charter for Alexander Stephens Institute, and for other purposes.

By Messrs. Barlow and Parker of Colquitt-
House Bill No. 449. A bill to amend an Act creating a City Court for Colquitt County, and for other purposes.

MoNDAY, MARCH 1, 1937.

1289

By Mr. Booth of Barrow-
House Bill No. 455. A bill to create a Board of Commissioners of Roads and Revenues for Barrow County, and for other purposes.

By Mr. Warnock of Montgomery-
House Bill No. 463. A bill to create a Board of Commissioners of Roads and Revenues for Montgomery County, and for other purposes.

By Mr. Striplin of Heard-
House Bill No. 470. A bill to amend the Act creating the office of Commissioner of Roads and Revenues of Heard County, and for other purposes.

By Messrs. Smith, Leonard, and Elliott of MuscogeeHouse Bill No. 471. A bill to fix the amount of the bond
of the sheriff of Muscogee County at $3,000, and for other purposes.
By Mr. Sapp of CoffeeHouse Bill No. 476. A bill to create the office of Tax
Receiver for Coffee County, and for other purposes.

By Mr. Sapp of Coffee-
House Bill No. 477. A bill to create the office of Tax Collector for Coffee County, and for other purposes.

By Mr. Sapp of Coffee-

House Bill No. 478. A bill to repeal an Act abolishing

the offices of Tax Receiver and Tax Collector and creating in

lieu thereof the office of Tax Commissioner of Coffee County,

and for other purposes.



1290

JOURNAL OF THE SENATE,

By Mr. Hampton of Fannin-
House Bill No. 479. A bill to amend an Act creating the office of Commissioner of Roads arid Revenues of Fannin County, and for other purposes.

By Mr. Ragan of Pulaski-
House Bill No. 483. A bill to amend an Act to abolish the office of Treasurer of Pulaski County, and for other purposes.

By Mr. Gammage of Terrell-
House Bill No. 491. A bill to amend the charter of the City of Dawson, and for other purposes.

By Mr. Gammage of Terrell-
House Bill No. 492. A bill to amend the School Laws of the City of Dawson, and for other purposes.

By Mr. Sabados of Dougherty-
House Bill No. 537. A bill to amend the charter of the City of Albany, and for other purposes.

Senator Shedd of the 3rd District asked unanimous con-

sent that the following bill of the House be withdrawn from

the Committee on Conservation, read a second time, andre-

committed to the Committee on Conservation:



By Mr. Cogdell of Glynn-
House Bill No. 159. A bill to create a Department of Natural Resources, and four subdivisions thereof; to provide forthe control and management of said department and the subdivisions thereof; and for other purposes.
The consent was granted, the bill given a second reading, and recommitted to the Committee on Conservation.

MoNDAY, MARCH 1, 1937.

1291

The following bill of the House was read the first time and referred to the committee:

By Messrs. Harris and Lanier of Richmond-
House Bill No. 107. A bill to license chain stores and chain moving picture theatres, and for other purposes.
Referred to Committee on Finance.

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. Musgrove of Clinch-
House Resolution No. 133-548a. A resolution authorizing the Clinch County Commission to pay certain sums of money.

By Mr. Herrin of Echols-
Hause Bill No. 481. A bill to be entitled an Act to require the Commissioners of Echols County to give bond, to prohibit Ordinary of Echols County from administering oath of office to such officers before such bonds are given, and for other purposes.

By Messrs. Smith and Jones of Dodge-
House Bill No. 486. A bill to amend an Act creating the office of Tax Commissioner for Dodge Coutity, and for other purposes.

1292

JOURNAL OF THE SENATE,

By Messrs. Jones and Smith of Dodge-
House Bill No. 488. A bill to repeal an Act entitled an Act to provide that all scrip or warrants relating to expenses of Superior Court of Dodge County, and for other purposes.

By Mr. Wall of Schley-
House Bill No. 522. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in Effingham County, so as to provide for compensation for the Clerk of the Board of Commissioners of Schley County, and for other purposes.

By Messrs. Milam and Harris of Spalding-
House Bill No. 529. A bill to be entitled an Act to amend "An Act to revise and consolidate the several Acts of the General Assembly granting and amending the charter of the City of Griffin," and for other purposes.

By Mr. Batchelor of Putnam-
House Bill No. 531. A bill to amend an Act entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for Putnam County, and for other purposes.

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 533. A bill to be entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Emanuel, and for other purposes.

By Mr. Lewis of Burke-
House Bill No. 538. A bill to amend the charter of Waynesboro, Ga., by providing that the City of Waynesboro may acquire property outside the city, and for other purposes.

MoNDAY, MARCH 1, 1937.

1293

By Mr. Herrin of Echols-
Hause Bill No. 539. A bill to be entitled an Act to repeal the Act approved March 15, 1935 (Ga. Laws 1935) requiring Commissioners of Roads and Revenues of Echols County and members of the County School Board of Echols County to give bonds providing the amounts to be required, and for other purposes.

By Messrs. Wages and Brooks of Jackson-
House Bill No. 542. A bill to reduce official bond .of the Sheriff of Jackson County, and for other purposes.

By Messrs. Milam and Harris of Spalding-
House Bill No. 543. A bill to be entitled an Act to amend an Act of General Assembly of Ga. Acts, 1921, to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, and for other purposes.

By Mr. Jones of Elbert-
House Bill No. 547. A bill to be entitled an Act to amend the Act abolishing the offices of Tax Collector and Tax Receiver of Elbert County, and for other purposes.

By Mr. Lewis of Burke-
House Bill No. 573. A bill to amend the Act incorporating the town of Midville, and to confer additional powers on said corporation, and for other purposes.
The House has passed, as amended, the following bill of the Senate, to-wit:

By Senator Jackson of the 14th District-
of Senate Bill No. 33. A bill to be entitled an Act to amend
Section 3851 of the present Code Georgia so as to add

1294

JOURNAL OF THE SENATE,

thereto a proviso to the effect that when the estate shall exceed two hundred thousand dollars in value, the restrictions of this section shall not apply to such excess, and in estimating values of devises that of a Life Estate under the annuity tables shall be included.

The House has passed by the reqms1te constitutional majority the following bill of the Senate, to-wit:

By Senator Pruett of the 32nd District-
Senate Bill No. 64. A bill to be entitled an Act to amend Section 26-1603 of the 1933 Code of Georgia providing the punishment for the offense of kidnapping by changing the penalty from four to twenty years imprisonment to death, and for other purposes.

The House has passed, by substitute, as amended, the following bill of the Senate, to-wit:

By Senator Chason of the 8th District-
Senate Bill No. 74. A bill to be entitled an Act to establish a State Planning Board for the study of matters relating to the physical, social, and economic development of resources of Georgia; to provide for the members thereof, their compensation and terms of office, the filling of vacancies thereon, and prescribing, defining, and outlining the duties and authority of said board; and for other purposes.

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

Mr. President:
The House has adopted by the requisite constitutional majority. the fo!lowing resolution of the Senate, to-wit:

MoNDAY, MARCH 1, 1937.

1295

By Senators Spivey of the 16th District, Atkinson of the 1st Dis~rict, Phillips of the 29th District, Purdom of the 46th District, and Pope of the 7th District-
Senate Resolution No. 71. A resolution extending the time of purchase of automobile license tags for 1937, and for other purposes.

Senator Terrell of the 19th District asked unanimous consent that Senate Bill No. 128, a bill increasing the salaries of the Prison Commissioners, which was set as a special order of business fer today, be postponed until Monday, March 8th. The consent was granted.

Senator Patten of the 6th District asked unanimous consent that Senate Resolutions No. 75, No. 77 and No. 78 be taken from the table and considered at this time. The consent was granted.
The following resolutions of the Senate were read and adopted:

By Senator Patten of the 6th District-
Senate Resolution No. 75. A resolution requesting the State Highway Board of Georgia to install ridges of concrete, metal point or other material on existing hard-surfaced roads in Georgia marking the center thereof, and for other purposes.

By Senator Patten of the 6th District-
Senate Resolution No. 77. A resolution urging and requesting the Department of Public Safety to adopt rules and regulations that will require monthly ~nspection of all motor vehicles operated on the highways of the State of Georgia, and for other purposes.

1296

JOURNAL OF THE SENATE,

By Senator Patten of the 6th District-
Senate Resolution No. 78. A resolution requesting and urging the State Board of Education and the State Superintendent of Schools to have the schools of this State give courses to the pupils therein on accident prevention, and for other purposes.

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

By Senator Millican of the 35th District-
Senate Bill No. 36. A bill to authorize the State Highway Department to take over the maintenance of streets that form parts of State highways in cities of more than 200,000 population, and for other purposes.

The committee offered the following amendments:
Amend the caption of Senate Bill No. 36, line 2, by striking the word "shall" and inserting in lieu thereof the word
" may.,
Further amend Senate Bill No. 36, Section 1, line 2, by striking out the word "shall" and inserting in lieu thereof the word "may."
Amend Section 2 of Senate Bill No. 36 by striking out the word "shall" in lines 4 and 5 and inserting in lieu thereof the word" may."
Amend Senate Bill No. 36, Section 4, line 2, by striking out the word "shall" and inserting in lieu thereof the word
" may.,
The committee amendments were adopted.

Senators Horne of the 22nd District, Atkinson of the 1st District, and Lindsay of the 34th District, offered the following amendment:

MoNDAY, MARCH 1, 1937.

1297

Amend Senate Bill No. 36 by striking words "200,000" -wherever i:hey appear and inserting in lieu thereof, "2,500."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senators Atkinson of the 1st District, Spivey of the 16th District, and Purdom of the 46th District-
. Senate Bill No. 150. A bill to regulate the practice of general road and street contracting; to define the terms; to establish a State Licensing Board for Contractors; and for other purposes.
Senator Purdom of the 46th District offered the following amendments to Senate Bill No. 150:
To amend Section 2 thereof by striking the word "oath" as appears in line 9 of said section and inserting in lieu thereof the word" office."
To further amend Section 10 of said bill in next to last line on page 4 by striking the word "protest" and inserting in lieu thereof the word "prosecute."
The amendments were adopted.

Senator Aultman of the 23rd District offered the following amendments to Senate Bill No. 150:
To amend said bill by striking out the figures" $10,000.00" where said figures appear in all places in Sections 1 and 13 thereof and inserting in lieu thereof the figures" $15,000.00."

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JouRNAL OF THE SENATE,

To further amend said bill by adding at the end of Section 7 thereof a sentence to read as follows:
"Provided, that in no event shall the expense of the Board exceed the amount of funds received as fees from the operation of this Act."
To further amend said bill by inserting in line 1 of Section 9 thereof between the word "person" and the word "desiring" the following words: "and any firm or corporation, which firm or corporation &hall act in the application and examination by and through its duly authorized president or secretary."

To further amend said bill by striking therefrom all of Section 12 thereof and adding a new section in lieu thereof likewise numbered Section 12 to read as follows:

"Section 12. Any person, firm or corporation engaging directly or indirectly in the business of general highway or street contracting in Georgia as such business is defined in Section 1 of this Act without first obtaining a license as provided in this Act, and any person, firm or corporation presenting or attempting to file as his own the license certificate of another, or who shall give false or forged evidence to the Board, or to any member thereof in obtaining a certificate of license, or who shall falsely impersonate another and thereby practice a fraud in obtaining such certificate of license, or who shall use, or operate with an expired or revoked certificate of license, shall be deemed guilty of a misdemeanor and when adjudged guilty thereof in a court of competent jurisdiction shall for each such offense be sentenced to a fine of not less than $100.00 nor more than $500.00, or imprisonment of not less than one or more than three months, or both fine and imprisonment in the discretion of the Court trying such case."
The amendments by Senator Aultman were adopted.

MoNDAY, MARCH 1, 1937.

1299

Senator Griner of the 45th District offered the following amendment to Senate Bill No. 150:
To amend by striking the words or figures "$200.00" in Section 9 wherever it appears and inserting in lieu thereof the words or figures "$500.00."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senators Purdom of the 46th District, Chason of the 8th District, Harrison of the 17th District, Fowler of the 39th District, and Williams of the 5th District-

Senate Bill No. 115. A bill to be known as "The EntOmology Act of 1937," and for other purposes.

The committee offered the following amendments to Sen-

ate Bill No. 115:



To amend Section 4 by adding a sub section to be known as 14-A, as follows:

"14-A.. Any rules and regulations made by the State Entomologist relative to the certification of tomato, cabbage, onion and all other cruciferous plants shall be published on or before December 15th, of the preceding year in which said plants are to be grown. Provided, however, that in case of emergency supplemental rules and regulations may be promulgated and published. Provided, further, that certification of tomato, cabbage, onion and other cruciferous plants shall not be compulsory on the grower."
~

1300

JouRNAL OF THE SENATE,

To amend Section 6 by striking the words "the State Entomologist" in the third line thereof and inserting in lieu thereof the words "three Constitutional State Officers designated by the Governor" so that siad Section, when amended, shall read as follows:

"Section 6. Any person affected by any rule or regulation made or notice given pursuant to this Act may have a review thereof by three Constitutional State Officers designated by the Governor, for the purpose of having such rule, regulation or notice modified, suspended or withdrawn and such review shall be allowed and considered."
To amend Section 7 by striking the words "the State Entomologist" in the third line from the bottom of said section and inserting in lieu thereof the words "three Constitutional State Officers designated by the Governor," and further amends said Section by striking out the last sentence thereof and substituting therefor the following:" An appeal may be taken within three days and when so taken shall be heard and determined within three days thereafter, during which time the appeal shall act as a stay of proceedings," so that said section, when amended, shall read as follows:

"Section 7. Whenever inspection discloses that any places, or plants, or plant products, or other things or substances are infested or infected with any dangerous insect pest or plant disease which has been declared a public nuisance, the State Entomologist, or his agents or employees, shall give written notice to the owner, or other person in possession or control of the place where found, in person or by registered mail, and such owner or other person shall proceed to control, eradicate or prevent the dissemination of such insect pest or plant disease, and to remove, cut, or destroy infested or infected plants and plant products, or other things or substances within the time and in the manner prescribed by said notice or the rules and regulations made pursuant to this Act, unless an appeal to three Con-

MoNDAY, MARCH 1, 1937.

1301

stitutional State Officers designated by the Governor is taken. An appeal may be taken within three days and when so taken shall be heard and determined within three days thereafter, during which time the appeal shall act as a stay of proceedings.~'
The committee amendments were adopted.

Senator Sutton of the 47th District offered the following amendment to Senate Bill No. 115:
To amend by striking the words "Six years" in Section 3 and inserting in lieu thereof the words "Two years."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the ,bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th DistirctSenate Bill No. 151.

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 I.
That Article III, Section II of the Constitution of Georgia be and the same is hereby amended by striking from the

1302

JouRNAL OF THE SENATE,

second line of Paragraph I thereof the words "fifty-one" and inserting in lieu thereof the words "fifty-two," by striking from 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 and 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 2.
That said Article III, Section II of the Constitution of Georgia be amended by striking from sub-paragraph 35 of Paragraph II thereof the word "Fulton" and by addi,ng at the end of said Paragraph II a new sub-section 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 of Article III of the Constit,ution, as amended, shall read as follows:
"Paragraph II. Senatorial District 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.

MoNDAY, MARCH 1, 1937.

1303

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 of the Counties of 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 of the Counties ofSumter, Schley and Macon.

14. The Fourteenth Senatorial District shall be composed of the Counties of Dooly, Pulaski and Bleckley.

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 of the Counties of Screven, Burke and Jenkins.

18. The Eighteenth Senatorial District shall be composed of the Counties of Richfi1.ond, Glascock and Jefferson.

1304

JOURNAL OF THE SENATE,

19. The Nineteenth Senatorial District shall be composed of the Co~nties of Taliaferro, Greene and Warren.
20. The Twentieth Senatorial District shall be composed of the Counties of Baldwin, Hancock and Washington.
21. The Twenty-first Sttnatorial 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 b~ 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 Chat. tahoochee.
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 Franklin, Habersham and . Stephens.

MoNDAY, MARCH 1, 1937.

1305

32. The Thirty-second Senatorial District shall be composed of the Counties of White, Dawson and 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 be composed of the Counties of DeKalb, Rockdale and Newton.
35. The Thirty-fifth Senatorial District shall be composed of the Counties of Clayton an.d Henry.
36. The Thirty-sixth Senatorial District shall be composed of the Counties of Coweta and Meriwether.
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. 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 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.

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JOURNAL OF THE SENATE,

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 Bullock, 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 suhmitted 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 Disc. trict 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 Ill, 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 be-

MoNDAY, MARCH 1, 1937.

1307

. come a part of Article III, Section II of the Constitution of Georgia and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, 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:

Allen Almand Atkinson Atwood Aultman Brock Burgin
Burrell Chason Clements
Ennis
Forrester Griner
Harrell

Harrison Holmes Jackson Johnson Jones Lindsay McCutchen McKenzie
Millican
Maye
Neely
Patten Peebles Peterson

Phillips
Pope
Pruett Purdom
Sammon Shannon
Shedd
Sikes Sutton Terrell
Thrasher Walker Williams

Verification of the roll call was di~pensed with.

The ayes were 42, the nays 0.
The bill having received the requisite two-thirds constitu~ tiona! majority was passed.

Not voting were: Senators Flynt of the 26th District~ Fowler of the 39th District, Greer of the 13th District, Hampton of the 41st District, Hardman of the 33rd District, Horne of the lOth District, Kimbrough of the 25th District, Knabb of the 4th District, Whitehead of the 30th District.

Senator Millican of the 35th District asked unanimous consent that Senate Bill No. 151 be immediately transmitted to the House. The consent was granted.

1308

JOURNAL OF TUE SENATE,

Senator Purdom of the 46th District asked unanimous consent that Senate Bill No. 115 be immediately transmitted to the House. The consent was granted.

By Mr. Carmichael of Cobb and others-
House Bill No. 351. A bill to amend an Act approved March 20, 1933, entitled an Act to abolish the fee system of the Blue Ridge Judicial Circuit and fix salary in lieu thereof, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 436. A bill to extend the city limits of the City of Valdosta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Houze and Coleman of LowndesHouse Bill No. 347. A bill to amend the charter of the
City of Valdosta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0. The bill having received the requisite constitutional majority was passed.

MoNDAY, MARCH 1, 1937.

1309

By Senator Jackson of the 14th District-
Senate Bill No. 152. A bill to amend Title 13 of the Code of 1933, to regulate and control the conditions upon which private banks may do business, and for other purposes.

Senator Williams of the 5th District asked unanimous consent that further consideration of Senate Bill No. 152 be postponed until Wednesday, March 3rd, and made a special order for the day; also that the Secretary be authorized and instructed to have 100 copies of said bill printed and placed on the desk of each Senator.
The consent was granted.

Senator Terrell of the 19th District asked unanimous consent that Senate Bill No. 128, previously set as a special order for Monday, March 8th, be set as a special order for Wednesday, March 3rd.
The consent was granted.

Senator Johnson of the 42nd District asked unanimous consent that Senate Bill No. 153 be postponed until Tuesday, March 2nd, and the consent was granted.

The following resolution of the House which was passed on February 24th and reconsidered on February 25th was taken up for consideration:

By Mr. Hand of Mitchell-
House Resolution No. 58. A resolution proposing an amendment to the Constitution of the State of Georgia providing that the fixed sums appropriated in the General Appropriations Act shall be reduced pro rata in the amount of any deficiency of revenue receipts for the period, and for other purposes.

1310

JOURNAL OF THE SENATE,

Senators Millican of the 35th District and Pope of the 7th District offered the following amendments to House Resolution No. 58:
To amend by adding in line 9 of Section 1 after the word "Judicial" the word "Executive."
To further amend the last line of the caption by adding the word" Executive" between the words"Judicial and."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the resolution, as amended, was agreed to.
On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called.
Before the vote was announced, Senator Harrell of the 12th District moved that House Resolution No. 58, as amended, be tabled, and the motion prevailed.

Senator Terrell of the 19th District was granted a leave of absence from Tuesday's session of the Senate, March 2nd.

The following privilege resolution was read and adopted:

By Senators Lindsay of the 34th District, Atkinson of the 1st District, Terrell of the 19th District, and Pope of the 7th District-
A resolution expressing the pleasure of the Senate upon the recovery of Senator Sammon from his recent illness.

Senator Atkinson of the 1st District moved that the Senate do now adjourn and the motiorl prevailed.

.The President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock.

TuESDAY, MARCH 2, 1937.

1311

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, MARCH 2, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator Harrison of the 17th District asked unanimous ~onsent that the calling of the roll be dispensed with and the consent was granted.
Senator Williams of the 5th District, member of the Committee on J ourn~ls, reported that the Journal of yesterday's proceedings had been examined and found to be
corre~t.
Senator McKenzie of the 48th District l\Sked unanimous consent that the r~ading of the Journal be di,spens_ed with and the consent was granted.
The Journal was confirmed.
Senator Atkinsqn of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today<:
1. Introduction of new matter under the rules.
2. Reports of standing committees.
3. Senate bills for agreement or disagreement to House amendments or substitutes.
4. Second reading of Senate and House bills and resolutions favorably reported.

1312

JOURNAL OF THE SENATE,

5. First reading and reference of House bills and resOlutions.
6. Special orders.
7. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

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

By Senator Atkinson of the 1st District-
Senate Bill No. 176. A bill to extend the penal laws relating to illegal practices in general elections to all primary elections, and for other purposes.
Referred to Committee on Privileges and Elections.

By Senator Fowler of the 39th District-
Senate Bill No. 177. A bill to open to young people opportunity to obtain vocational training; to establish a program of apprenticeship; to establish employment opportunity; and for other purposes.
Referred to Committee on Education and Public Schools.

By Senator Burrell of the 40th District-
Senate Bill No. 178. A bill to create a Board of Commissioners of Roads and Revenues for Towns County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Lindsay of the 34th District-
Senate Bill No. 179. A bill to provide for the annual interest on the debt due by the State to the University of Georgia referred to in Article 8, Section 6, Paragraph 1, of

TuESDAY, MARCH 2, 1937.

1313

the State Constitution, to m~ke an annual appropnatton to the payment of said interest, specifying amount thereof, and for other purposes.
Referred to Committee on University System of Georgia.

By Senator Brock of the 37th District-
Senate Bill No. 180. A bill to regulate the hunting and killing of fox in Georgia; to provide that the Director of Wild Life shall have the authority to open and close seasons for fox hunting; and for other purposes.
Referred to Committee on Game and Fish.

By Senators Thrasher of the 27th District and Almand of

the 50th District-

-

Senate Bill No. 181. A bill to amend the Highway Mile-

age Act of 1929, pages 26Q-268, known as the Traylor-Neill

Bill, by adding a road from Watkinsville to Lexington, and

for other purposes.



Referred to Committee on Highways and Public Roads.

By Senator McCutchen of the 43rd District-
Senate Bill No. 182. A bill to provide for the levying of a tax for the maintenance of public schools in Dalton; to fix the limit to be observed in the levying of such tax; and for other purposes.
Referred to Committee on Municipal Government.

By Senator McCutchen of the 43rd District-
Senate Bill No. 183. A bill to amend the charter of the City of Dalton; to create a police department; and for other purposes.
Referred to Committee on Municipal Government.

1314

JouRNAL OF THE SENATE,

Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:

Mr. President:
Your Committee on Unifarm Laws has had under consideration the following bills of the House and Senate and has instr,ucted me, as chairmati, to r~ort the same back to the Senate with the recommendation that:
House Bill No. 371 do pass. House Bill No. 241 do not pass. Senate Bill No. 136 do pass.
Respectfully submitted,
BRocK, Chairman,

Senator Chason of the 8th District, Chairm,an of the Committee on Hygiene and Sanitation, submitted t;he following report:

Mr. President:
Your Committe,e on Hygiene and Sanitation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same d() pass:
Senate Bill No. 149.
Respectfully submitted,
CHASON, Chairman,

Senator Griner of the 45th District, Chairman of the Committee on State of Republic, submitted the following report:

TuESDAY, MARCH 2, 1931.

1315

Mr. President:
Your Committee on State of Republic has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 170.
Sena~ Bill No. 171.

Respectfully submitted, GRINER, Chairman,

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President: Your Committee on General Judiciary No. 2 has had
under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 146.
Respectfully submitted,
SHANNON, Chairman.

Senate Bill No. 74 by Senator Chason of the 8th District, a bill to establish a State Planning Board, was taken up for the purpose of considering the follo.wing House substitute and amendment thereto:

By Mr. Sabados of DoughertyMoves to substitute for Senate Bill No. 74 the following:

1316

JouRNAL OF THE SENATE,

A BILL
To be entitled an Act to establish a State Planning Board; to provide for the appointment of a chairman and members of the Board: to define its functions and duties; to provide for the payment of a portion of its expenses by the Highway Department, and for other purposes.
Be it enacted by the General Assembly of Georgia:

Section 1. Be it enacted that a State Planning Board is hereby created. The board shall consist of seven members, on~ of whom shall be designated by the Governor as chairman. Three members of the State Planning Board shall be the chairman of the State Highway Board, or a member of such board designated by him; the Commissioner of Health, and either the head of the State Department of Conservation or the head of the State Department of Education, in the discretion of the Governor; together with four citizen members appointed by the Governor for terms of fiye years each, except that the first civilian members shall be appointed one to serve for five years, one for four years, one for three years and one for two years, the terms of their respective successors being five years each. The Governor shall by appointment fill vacancies for unexpired terms. Members of the board shall not be paid, but may receive compensation for reasonable expenses incurred in the performance of their duties. Four members of the board shall constitute a quorum. The board shall maintain an office and keep permanent and complete records of its proceedings, meetings, hearings, orders and decisions. The board is hereby authorized and empowered to employ such persons, technical, clerical or otherwise, as may be necessary expenses within the limits of any fund provided therefor. The board is hereby authorized and empowered to accept emergency fund grants from the Federal Government or from the State Government, or by gifts from individuals. The responsible executive or executive board or designated representative of each state department shall constitute an

TUESDAY, MARCH 2, 1937.

1317

advisory board, and shall be called to meet with the State Planning Board not less than four times annually.

Section 2. It shall be the duty of the State Planning Board:
(a) To make surveys, prepare maps and publish information on land use and classification with a view to the determination among other things of areas suitable' for field crops, reforestation, recreation, watershed protection, and industrial and urban expansion; population distribution and decentralization; schools and other educational institutions; parkways, highways in their relation to all development, rural and urban; water supply, drainage and sewerage; building and housing conditions; real property inventories; control of land subdivision; tax maps; long range financial programs; and other subjects affecting the health and welfare of the people of the State, as the Commission may determine.
(h) To make a broad study of matters relating to the physical, social and economic development of the resources in Georgia, in so far as they may be properly directed or influenced by a state agency. To prepare and perfect plans for the physical development of the State and to advise and coordinate with the various departments and agencies for: Highways; airways and air terminals; parkways, parks and other recreation areas; forest reservations; water supply reservations; and other land uses that are related to plans for an ordered and comprehensive development of the State. To develop long term policies in relation to agriculture, land and water utilization, flood control, conservation, and other regulations for land settlement, tree cutting, watershed protection, and the preservation of the beauty of the countryside. And to submit such plans and reports to the Governor and Legislature with recommendations.

Section 3. Be it further enacted, that it shall be the duty of the State Planning Board to encourage the planning

1318

JouRNAL oF THE SENATE,

of counties, cities and to~ns, and by groups of counties, cities and towns; to extend and correlate state planning by agencies of the state government; and to participate in interstate and national planning efforts, both with a ,view to the benefits to be derived by the larger region or nation, and by the State.

Section 4. The State Highway Board is hereby empowered, authorized and directed to pay into the general fund of the State Treasury $15,000.00 for the year 1937 and $15,000.00 for the year 1938 of State Highway funds arising from revenue allocated to the State-aid road funds.

Section 5. The funds arising under Section 4 of this Act shall he disbursed upon warrants of the Governor for the payment of the operating expenses of the State Planning Board. The chairman of said board to make requisition for said funds as need.ed in the operation of the State Planning Board.

Section 6. All laws and parts of laws in conflict herewith he and the same are hereby repealed.

By Messrs. Harris of Richmond, Whipple of Bleckley, Sahados of Dougherty, and Smith of Muscogee-
Moves to amend the House substitute to Senate Bill No. 74 by striking therefrom Sections 4 and 5 thereof in their entirety and renumbering Section 6 of said substitute Section 4.
The Senate agreed to the House substitute, as amended, to Senate BiU No. 74.
Senate Bill No. 33 by Senator Jackson of the 14th District, a bill amending the restrictions relative to charitable devises, was taken up for the purpose of considering the following House amendments thereto:

TuESDAY, MARCH 2, 1937.

1319

By the Committee:

To amend Senate Bill No. 33 as follows:

1. By striking from the title the following:

:,;

"Section 3851 of the present Code of Georgia" by substituting in lieu thereof the following: "Section 113-107 of die present Code of Georgia regulating charitable devises."

2. Amend Section 1 of the Act by striking therefrom the words "Section 3851" wherever the same appear in said section and substituting in lieu thereof the words "Section 113-107."

By Mr. Parker of Colquitt-
To amend Senate Bill No. 33 by inserting the word "section" between the words "this" and "shall" in line 5 of Section 1 thereof.
The Senate agreed to the House amendments to Senate Bill No. 33.

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

By Senator Pope of the 7th District-
Senate Bill No. 136. A bill to establish a Board of Photostatic Examiners; to regulate and license photographers, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 146. A bill to amend Chapter 92-58, Title 92 of the 1933 Code, so as to prov~de for additional duties of the Revenue Commission and its Agents for the collection of taxes due the State for ad valorem taxes against property owned by delinquent or defaulting taxpayers, mid for other purposes.

1320

JOURNAL OF .THE SENATE,

By Senator Chason of the 8th District-
Senate Bill No. 149. A hill to amend Section 88-105 of the 1933 Code, relating to the salary of the Director of the Department of Public Health, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 170. A hill to amend Section 93-205 of the 1933 Code providing for the suspension of the Public Service Commissioners by the Governor, and for other purposes.

By Senator Purdom of the 46th District-
Senate Bill No. 171. A hill to define and regulate the practice of Naturopathy, and for other purposes.

The following hill of the House, favorably reported by the committee, was read the second time:

By Messrs. Chappell of Sumter, Hart of Coweta, Lanham of Floyd, and Lewis of Burke-

House Bill No. 371. A hill to establish a Committee on

Interstate Corporation; to provide for appointment of

committee and to prescribe its powers and duties; and for

other purposes.



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

By Mr. Herrin of Echols-
Hause Bill No. 481. A hill to require the Commissioners of Roads and Revenues of Echols County to give bond; to prohibit the Ordinary from administering oath of office to such officers before such bonds are given; and for other purposes.
Referred to Committee on Counties and County Matters.

TuESDAY, MARCH 2, 1937.

1321

By Messrs. Smith and Jones of Dodge-
House Bill No. 486. A bill to amend an Act creating the office of Tax Commissioner for Dodge County by increasing the .salary from $2,500.00 to $3,600.00, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Jones and Smith of Dodge-
House Bill No. 488. A bill to repeal an Act providing that all scrip or warrants relating to expenses of Superior Court of Dodge County, and for other purposes.
Referred to Committee on Uniform Laws.

By Mr. Wall of SchleyHouse Bill No. 522. A bill to amend an Act creating a
Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, so as to provide for compensation for the clerk of the Board of Commissioners of Schley County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Milam and Harris of SpaldingHouse Bill No. 529. A'bill to amend an Act revising and
consolidating the several acts granting and amending the charter of the City of Griffin, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Batchelor of Putnam-
House Bill No. 531. A bill to amend an Act entitled "An Act to repeal an Act to create a Board of Commission-

JOURNAL OF THE SENATE,
ers of Roads and Revenue for Putnam County," and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Flanders and Rountree of EmanuelHouse Bill No. 533. A bill to amend an Act creating a
Board of Commissioners of Roads and Revenues for Emanuel County; to prescribe the duties and powers thereof; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Lewis of BurkeHouse Bill No. 538. A bill to amend the charter of
Waynesboro by providing that the City of Waynesboro may acquire property outside the city, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Herrin of Echols-
Hause Bill No. 539. A bill to repeal the Act of March 15, 1935 .(pages 646-647), requiring Commissioners of Roads and Revenues of Echols County and member of the County School Board to give bonds providing the amounts to be required; to prohibit the Ordinary from accepting the oath of office of such officers until such bonds are filed; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Wages and Brooks of Jackson-
House Bill No. 542. A bill to reduce the official bond of the Sheriff of Jackson County, and for other purposes.
Referred to Committee on Counties and County Matters.

TuESDAY, MARCH 2, 1937.

1323

By Messrs. Milam and Harris of Spalding-
House Bill No. 543. A bill to amend an Act of 1921 (pages 959-992) amending the charter of the City of Griffin, and for other purposes.
Referred to Committee on Municipal Government.

. By Mr. Jones of Elbert-
House Bill No. 547. A bill to amend the Act abolishing the offices of Tax Collector and Tax Receiver of Elbert County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Lewis of Burke-
House Bill No. 573. A bill to amend the Act incorporating the town of Midville (August 16, 1915, pages 704-713 of the 1915 Acts); by changing the terms of office of members of council; and by authorizing the Mayor and Cou.ncil to levy taxes; and for other purposes.
Referred to Committee on Municipal Government.
The following resolution of the House was read the first time and referred to the committee:

By Mr. Musgrove of Clinch. House Resolution No. 133. A resolution authorizing the Clinch County Commissioners to pay certain sums of money, and for other purposes.
Referred to Committee on Counties and County Matters.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

1324

JouRNAL oF THE SENATE,

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 527. A bill to be entitled an Act to provide for a teacher tenure for Richmond County p~blic school system, and for other purposes.

By Mr. Key of Jasper-
House Bill No. 552. A bill to be enti tied an Act to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Jasper County; to create the office of Tax Commissioner, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 555. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 563. A bill to be entitled an Act to amend the charter of the City of College Park, and for other purposes.

By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 564. A bill to be entitled an Act to amend an Act establishing the Municipal Court of Atlanta; DeKalb Section, and for other purposes.

By Mr. Sapp of Coffee. House Bill No. 574. A bill to be entitled an Act to re-

TUESDAY, MARCH 2, 1937.

1325

peal an Act providing for additional compensation for the Tax Commissioner of Coffee County, and for other purposes.

By Mr. Harrell of Brooks-
House Bill No. 579. A bill to be entitled an Act to amend an Act approved December 26, 1888, entitled "an Act to establish a system of public schools in the Town of Quitman," and for other purposes.

By Mr. Moore of Haralson-
House Bill No. 581. A bill to be entitled an Act to amend an Act to consolidate the office of Tax Receiver and Tax Collector in Haralson County, and for other purposes.

By Mr. Fowler of Treutlen-
House Bill No. 591. A bill to be entitled an Act to amend an Act creating a new charter for the City of Soperton, to create the office of Recorder and for other purposes.

By Messrs. Smith and Jones of Dodge-
House Bill No. 592. A bill to be entitled an Act to create a new charter for the City of Eastman, and for other purposes.
By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 593. A bill to be entitled an Act to amend Acts authorizing Commissioners of Chatham County to levy and collect taxes for certain purposes, so as to fix a definite limitation of 2Y:l' mills instead of an indefinite limitation of 50 per cent as now provided in said Act, and for other purposes.
Senator Chason of the 8th District asked unammous

1326

JouRNAL oF THE SENATE,

consent that Senate Bill No. 171 be recommitted to the Committee on State of the Republic.
There was objection.

Senator Millican of the 35th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Pensions, read second time, and recommitted to the Committee on Pensions:

By Senator Millican of the 35th District-
Senate Bill No. 159. A bill to amend an Act amending an Act providing that certain cities shall furnish pensions to all officers and employees of such cities who have served for twenty-five years, now in active service, and for other purposes.
The consent was granted, the bill read the second time, and recommitted to the Committee on Pensions.

The following bill of the Senate having been set as a special order of business for today was taken up for consideration:

By Senator Ennis of the 20th District-
Senate Bill No. 104. A bill to establish a Civil Service Commission; to provide for the appointment of members of the Commission; to define the duties of the Commission; to provide for a Chief Examiner, and to define his duties; to provide penalties for failure to observe the terms of this Act; to provide exceptions to the provisions of this Act; to provide for the removal of persons in the State Service; and for other purposes.
The committee offered the following substitute for Senate Bill No. 104:
Committee Substitute:

TUESDAY, MARCH 2, 1937.

1327

A BILL
FOR
An Act to be entitled: "An Act to provide for a merit system of personnel administration in the State service and to create and prescribe the powers and duties of a State Civil Service Commission and an office of State Personnel Director."
Be it enacted by the General Assembly of the State of Georgia:

INDEX
Section 1. Definitions.
Section 2. Appointment, Removal, Compensation, and Duties of the State Civil Service CommissiOn.
Section 3. Appointment, Removal, Compensation, and Duties of the Personnel Director.
Section 4. Unclassified Service and Classified Service. Section 5. Status of Incumbents. Section 6. Methods of Filling Vacancies. Section 7. Certification and Appointment. Section 8. Temporary and Provisional Employment. Section 9. Examinations. Section 10. Promotion. Section 11. Reemployment. Section 12. Transfer. Section 13. Demotion. Section 14. Suspension.

1328

JOURNAL OF THE SENATE,

Section 15. Lay-Off. Section 16. Removal. Section 17. Political Activity. Section 18. Residence. Section 19. Veterans Preference. Section 20. Dismissal for Violation. Section 21. Penalties. Section 22. Board of Examiners. Section 23. Exemptions. Section 24. Constitutionali ty. Section 25. Repeal. Section 26. Effective Date.

Section 1. (Definitions). The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise:
(1) ."Classified Service" means all offices and positions of trust or employment in the State service except those placed in the unclassified service by this Act.
(2) "Commission" means the State Civil Service Commission; and "Commissioner" means a member of that body.
(3) "Director" means the State Personnel Director.
(4) "Appointing Authority" means the officer, commission, board or body having the power of appointment, employment or election to or removal from, suborqinate positions ih any office, department, commi'ssion, board or institution; or any person or g~oup of persons having the power by virtue of the Constitution, statute, or lawfully

TUESDAY, MARCH 2, 1937.

1329

__ delegated authority. to make appointments or employments to po&itions in -the State service.
(5) "Position" means any office or place of employment in the State seryice.
(6) "Classified Employee" means any employee holding a position in the classified service.
(7) "Public Hearing" means an opportunity given after public notice of at least five days for any person or persons to appear and he heard on the matter involved.

Section 2. (Appointment, Removal, Compensation, and Duties of the State Civil Service Commission.)
(1) There is hereby created and established a State Civil Service Commission which shall consist of three members of known sympathy to the merit system who shall he appointed by the Governor, with the consent of the Senate. One of the first three members so appointed, to he designated by the Governor at the time of appointment, shall hold office for a term of one year. One of said first three members shall he so appoi~ted to hold office for a term of two years, and one shall he appointed for a term of three years. Thereafter all appointments shall he for a term of three years, and members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their number as chairman of the Commission. Two members of the Commission shall constitute a quorum for the transaction of business. Vacancies in the office of Commissioner created by death, resignation or otherwise shall he filled by t~e Governor for the unexpired term, subject to t~e confirmation of the Senate. No member shall hold any other lucrative office or employment under the United States or this State, except the office of notary public or a military office.

(2) A Commissioner may be removed only for cause and after a public hearing. Such hearing shall he conducted

1330

JouRNAL ov THE SENATE,

before a board composed of the Constitutional Officers of the State, and removal shall be by the Governor upon recommendation of a majority of the Constitutional Officers of the State.

(3} The members of the Commission shall be reimbursed

for necessary travel and other proper expenses and shall be

paid at the rate of fifteen dollars per diem for time actually

devoted to the business of the Commission, but no mem-

bers shall be paid for more than forty days of service in any

one year; provided that this limitation shall not apply

during the first year after the effective date of this Act,

during which year no member shall be paid for more than

sixty days.



(4) The Commission shall keep its office and shall hold its meetings, in the State Capitol or in quarters which the Secretary of State shall provide and maintain, and all of said meetings shall be open to the public. The Commission shall hold regular meetings at least once quarterly, and as often in addition thereto as the Commission may provide. It shall be the duty of all officers of the State and of several counties, to allow the reasonable use of public buildings and rooms, and to heat and light the same for the holding of any examinations or investigations provided for by this Act ~nd in all proper ways to facilitate the work of the Commis-
SIOn.
It shall be the duty of the Commission as a body:
(a) After public hearing to adopt, rescind and amend rules and regulations for the administration of this Act,, which rules, when approved and proclaimed by the Governor, shall have the force and effect of law. Notice of the contents of such rules and of any modification thereof, shall be given to all appointing officers affected thereby, and such rules and modifications shall also be printed for public distributio~.

TUESDAY, MARCH 2, 1937.

1331

(b) From time to time, after public hearing and subject to the approval of the Governor to adopt and modify such classification and compensation plans for the classified serV-ice, together with rules for their administration, as may be recommended by the Director after a thorough survey of the personnel and departmental organizations included in such plan or plans.
(c) To hear and determine the appeals and complaints respecting the ad~inistrative work of the Director, and. such other matters as may be referred to the Commission by the Director.
(d) To make such investigations as may be requested by the Governor or the Legislature or on its own motion and to report thereon.
(e) To keep minutes of its own meetings and such other records as the Commission rnay deem necessary.
(f) To examine and approve or modify the biennial report prepared by the Director and submit such report to the Governor on or before the first day of December of each even-numbered year, transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purposes of this Act.

Section 3. (Appointment, Removal, Compensation and Duties of the Personnel Director).
(1) The Commission shall appoint a Personnel Director. Such Director shall be a person competent, trained and experilenced in the field of personnel administration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel.
(2) The Director shall hol!f his office during good behavior and may be removed only for cause after a public hearing by the Commission.

1332

JouRNAL OF THE SENATE,

(3) The Director shall be paid a salary of five thousand dollars per annum.
(4) It shall be his duty:
(a) To attend meetings of the Commission, to act as its secretary and to record its official actions.
(b) To appoint and supervise all necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation therefor by the General Assembly.
(c) To prepare, recommend, and administer rules and regulations for the administration and execution of this Act, which rules as approved by the Commission and Governor shall have the force and effect of law. Such rules shall govern examination procedure, formulation of registers of eligibles; the certification of persons quidified for appointment to the classified service, administration of appointments, transfers, demotions, promotions, sus~ pensions, lay-offs, re-appointments, vacations, sick and special leaves, resignations, hours of service, dismissals of employees, service ratings and welfare and training programs of employees.
(d) To establish and maintain a roster of all the officers and employees in the State service, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent.
(e) To check all payrolls or other compensation for personal services in the classified service or supply the proper data to the Comptroller-General for checking payrolls or other compensation for personal services before they may be lawfully authorized for payment.
(f) To recommend to the Commission and to the Governor a classification and compensation plan for all

TuESDAY, MARCH 2, 1937.

1333

positions in the State service and to administer such classification and compensation plan as approved by the Commission and Governor. Such a plan shall be based as far as practicable, on prevailing wages paid in public and private service within the State, and shall provide for classification of positions according to duties and responsi hili ties.
(g) To make such investigations pertammg to personnel, salary scales, and employment conditions in the State service as he may deem necessary and as may be requested by the Commission, the Governor, or by the General Assembly. To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any such i,nvestigations.
(h) To make a biennial report to the Commission.
(i) To, in case of death, resignation, removal, absence or incapacity of a Commissioner, perform, without additional compensation, the duties of such Commissioner until such absence or incapacity shall cease or a new appointment under the provisions of this Act shall be made. As Acting CoJl1missioner he shall have all the powers of a Commissioner.
(j) To perform any other lawful act required to carry into effect the purposes and spirit of this Act.

Section 4. (Unclassified Service and Classified Service). The Civil Service of the State shall be divided into the unclassified service and the classified service.
(1) The unclassified service shall consist of the following:
(a) Officers elected by the people, and persons appointed to fill vacancies in such elective offices.
(b) Officers and employees for whom the Constitution specifically directs the manner of appointment.

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(c) Officers and employees of courts of record, including receivers, commissioners, court reporters, arbiters, jurors, judges, and persons appointed by a court to make or conduct any special inquiry of a judicial or temporary character, persons appointed to execute any process or order of court and Notaries Public.
(d) Members of boards and commission appointed by the Governor and heads of departments required by law to be appointed by the Governor.
(e) One deputy or assistant for each elective officer, and for each person appointed to fill a vacancy in an elective office, and for each head of a department required by law to be appointed by the Governor.
(f) Such assistant Attorney-General and Special Attorneys- as may be appointed by the Governor.
(g) One executive secretary and three other confidential employees of the Governor's office.
(h) One confidential clerk or secretary for each elective office, and for each person appointed to fill a vacancy in an elective office, and for each head of a department required by law to be appointed by the Governor.
(i) All officers, agents, and employees of all State schools, colleges and the University and the various departments thereof, in the public school system of the State.
G) All commissioned and non-commissioned officers and enlisted men in the military service of the State.
~k) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination where such appointment or designation is certified by the Commission to be for employment which should not be performed by persons in the classified service.
(1) Election officials.

TuESDAY, MARCH 2, 1937.

1335

(2) The classified service shall include all other public officers and employees in the State service, now or hereafter employed, and all appointments, employments, removals, promotions, transfers, lay-offs, reinstatements, suspensions, leaves of absence and changes in grade, compensation or title in the classified service shall be made and permitted only as prescribed in this Act, and not otherwise.

Section 5. (Status of Incumbents). Any person holding a position in the classified service as herein defined on the effective date of this Act shall continue to hold such position subject to the provisions of this Act and shall be deemed to have received a regular appointment in accordance. with the provisions of this Act.

Section 6. (Methods of Filling Vacancies). Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The Director may advise with appointing authorities as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practicable.

Section 7. (Certification and Appointment). Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the Director a statement of the duties of the position and a request that the Director certify to him the names of pe'rsons eligible for appointment to the position. The Director shall immediat~ly certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established or all the names on the register if there be less than three: If it should prove impossible to locate any of the persons so certified or should it become

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JouRNAL oF THE SENATE,

known to the Director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for a,ppointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist an eligible register. which the Director deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible r;!gister as soon as possible, after receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the Personnel Director after investigation may with the approval of the Commission remove the name of such person from the eligible register.

All regular appointments to the classified service shall be for a probationary period of six months, diJring which time the appointing authority shall report to the Director concerning the work of the employee and after six months from the date of appointment no salary or other compensation shall be paid to any such person, unless the appointing authority has filed with the Director a statement in writing that the services of the appointee during the probationary period have been satisfactory and that it is desirable that the appointee be continued in the service. Any employee may be dismissed by the appointing authority during the probationary period for reasons relating to the employee's qualifications or the good of the service, which reasons must be stated by the appointing authority in writing to become a public record filed with the Director. The Commission may in its discretion extend the probationary period for specified positions to a period not exceeding one year.

TuESDAv, MARCH 2, 1937.

1337

Section 8. (Temporary and Provisional Employment). Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Director. If such nominee is found by the Director to have had experience and training which appear to qualify him for the position, he may be temporarily appointed to fill such vacancy but only until an appropriate eligible register can ,be established and an appointment made therefrom, provided that, the Director with the approval of the Commission may approve a provisional appointment to fill a technical or professional position, which requires specialized knowledge or training and which can not be filled from the eligible register. In no event shall a temporary appointment be continued for more than three months. Successive temporary appoi~tment of the same person shall not be made; not more than one temporary appointment shall be m.ade to any position within any twelve months period. The Director with the approval of the Commission, may authorize, without requiring competitive tests, the appointment of unskilled laborers or persons engaged in custodial and domestic work in the state institutions or departments.

Section 9. (Examinations). Each eligible register shall consist of a list of all the persons who have shown by competitive tests that they possess the qualifications which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or any other demonstration of fitness as the Director may determine. Such tests shall be competitive, free and open to all persons who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, residence, health, habits, character, sex and other qualifications as may be considered desirable by the Director and

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specified in the public announcement of the test. Public notice of the time, place and general scope of every test shall be given.

Section 10. (Promotion). An appointing authority may at any time recommend a classified employee for prOmotion under his jurisdiction from a position in one class to a position in a higher class. Said employee must pass a qualifying test for the position in the higher class and be certified by the Director in accordance with rules established by the Commission.

Section 11. (Re-employment). (1) Whenever any employee in the classified service, who has been performing his duties in a satisfactory manner, as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the Commission and the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Personnel Director shall cause the name of such employee to be placed on the re-employment list for the appropriate class for re-employment within two years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be established by rule. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn within two years after it has been presented and accepted.
(2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the Director in such form as may be prescribed by the Commission a request that the Director certify to him the names of persons eligible for reemployment in the class in which the vacant position is

TuEsDAY, MARCH 2, 1937.

1339

established. The Director shall immediately certify to the appointing authority the names of persons on any appropriate re-employment registers.

Section 12. (Transfer). An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification, provided, that the Director has authorized the transfer of the employee from one department to another and has received approval of both appointing authorities concerned. In every such case the appointing authority shall give written notice of his action to the Director.

Section 13. (Demotion). An appointing authority may, in accordance with rules established by the Commission, demote a classified employee under his jurisdiction from a position in one class to a position in a lower class.

Section 14. (Suspension). An appointing authority may, upon giving written notice to and. with the approval of the Director, suspend a classified employee for disciplinary purposes without pay for a period not exceeding thirty days in any twelve months period.

Section 15. (Lay-Off). An app~inting authority may lay off a classified employee whenever he deems it necessary because of a material change in duties or organization or shortage or stoppage of work or funds. In every case the appointing authority shall, before the effective date thereof, give written notice of his action to the Director. Any person who has been appointed to a position in the classified service under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act shall have his name placed on an appropriate re-employment register.
Section 16. (Removal). Any appointing authority may dismiss a subordinate for any cause which will promote the

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JouRNAL OF THE SENA'I'~,

efficiency of the service, upon filing with the Commission, with a copy to th~ employee, written reasons for such action on or before the effective date of such removal. The dismissed employee shall have an opportunity to answer the charges in writing within ten days, and to file with the Commission affidavits in support of such answer. All papers filed in the case shall be subject to inspection of the persons affected. Such action of the appointing officer shall be final and not reviewable in any court, except that the Commission may reinstate an officer or employee so removed only in case it appears after a proper hearing that the removal was made for political or religious reasons. The Commission may, after investigations of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee, if in the same position or class of positions. Any such re-employment shall be made only with the approval of and by the appointing authority.

Section 17. (Political Activity). In applying the provisions of this Act or in doing any of the things hereby provided for, no person whosoever shall give any weight to political or religious consideration. No person holding a position in the classified service shall directly or indirectly solicit or receive or be in any manner concerned with soliciting or receiving any assistance or subscriptions or contributions for any political party or political purpose, nor participate in any form of political activity whatsoever other than to express privately his views as a citizen and to cast his vote in any election.
Section 18. (Residence). Positions in the State service shall be filled by citizens who have been residents of Georgia for at least one year immediately preceding the date of examination. In order that, in so far as is practicable, some equitable distribution shall be made among the counties of positions in the State service, examinations shall be held at conveniently located examination points through-

TUESDAY, MARCH 2, 1937.

1341

out the entire State. In the discretion of the Commission residence requirements may be waived for technical and professional positions for which qualified applicants who are residents of Georgia can not be obtained.

Section 19. (Veteran Preference). The names of all persons who serve in the United States Army, Navy, Marine Corps, or in the Army or Navy Nurse Corps, in time of war, or in any foreign expedition of the armed forces of the United States, and who received an honorable discharge or certificate of honorable active service upon attaining the minimum final earned rating shall have five points added to their ratings and thei,r names shall be placed upon the register in the order of such augmented ratings.

Section 20. (Dismissal for Violation). Any person in the State service violating any of the provisions of this Act or of the rules established in accordance with this Act may be dismissed from the service.

Section 21. (Penalties). Any person who shall willfully violate any of the provisions of this Act, or of the rules of the Commission, shall be guilty of a misdemeanor, and shall on conviction thereof be punished by a fine of not less than $50.00 and not more than $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment, in the discretion of the court, and if such convicted person be in the service of the State he shall also be dismissed from the service and shall not be eligible for reappointment or reinstatement for a period of three years.
Section 22. (Boards of Examiners). The Director shall designate a suitable number of persons in the official service of the State of Georgia, after consulting with the head of the department or office in which such persons serve, to be members of boards of examiners, as deemed necessary. Their members shall perform such duties as the Director may direct in connection with the administration of this

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JouRNAL oF THE SENATE,

Act, and in the performance thereof they shall be under the direct and sole control of the Director. Such duties shall be considered part of the duties of the office in which they are serving and time shall be allowed therefor during office hours.

Section 23. (Exemptions). (1) The Commission is authorized, with the approval of the Governor to establish an exempt service which shall include exemptions in the public service from the provisions of this Act because of peculiar circumstances involved. Appointments in the exempted division may be made without examination, but no office or position shall be deemed established in the exempt service unless it is specifically exempt by law or is named in such service in the rules of the Commission after a public hearing, and if so named, the reasons for such exemptions shall be stated separately i:n the reports of the Commission. Not more than one appointment shall be made to, or under the title of, any such exempted office or position unless a different number is specifically authorized by law or mentioned in the rules.

Section 24. (Constitutionality). Should any section or provision of this Act be held to be unconstitutional or invalid such section shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional.

Section 25. (Repeal). All acts or parts of acts which are inconsistent with the provisions of this Act are hereby repealed.

Section 26. (Effective Date). That this Act take effect from and after its passage.

Senator Millican of the 35th District asked unanimous consent that Senate Bill No. 104 be considered by the Senate section by section and the consent was granted.

TuESDAY, MARCH 2, 1937.

1343

The following amendments were offered to the Committee Substitute to Senate Bill No. 104:

By Senator Millican of the 35th DistrictBy adding to Section 3, sub-section 2, line 5, between
words "behavior" and "and" the words "and faithful and proper performance of duty."
The amendment was adopted.

By Senator Millican of the 35th DistrictBy adding to line 17 of Section 2, sub-section 2, after the
word "State," the following: "composed of the Governor, Comptroller-General, State Treasurer, Attorney-General, State Superintendent of Schools and Secretary of State."
The amendment was adopted.

By Senator Harrell of the 12th DistrictBy adding the following proviso to Section 3, sub-section
2, line 6: "Provided his term of office shall be three years." The amendment was adopted.
By Senator Millican of the 35th DistrictTo amend Section 4 by adding a new sub-section to be
known as "M" and reading as follows: "Employees in any department of the State whose salary or wage is based on a per day basis and classified as temporary labor."
The amendment was adopted.
By Senator Millican of the 35th DistrictTo amend Section 7, line 5, by striking the word "three"
and substituting in lieu thereof the word "five."
Also in lines 6, line 9, line 10, line 11, by striking the word "three" and substituting in lieu thereof the word "five."
The amendment was adopted.

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JOURNAL OF THE SENATE,

By Senator Millican of the 35th District-
By adding to line 1, Section 8, after the word "temporary" the following: "and provisional."
The amendment was adopted.

By Senator Lindsay of the 34th District-
To amend line 4 by changing the word "may" following "tests" and preceding "take" to the word "shall", making the line read: "The tests shall take into consideration," etc.
The amendment was adopted.
By Senator Harrell of the 12th District-
To amend Section 10 by adding the following words after the words "qualifying test" in line 3 of Section 10 the words, "and competitive tests as provided in Section 9 of this Act."
The amendment was adopted.
By Senator Millican of the 35th District-
To amend Section 9, line 9, after the word "Director" by adding the words "and approved by the Commission."
The amendment was adopted.

By Senator Lindsay of the 34th District-
To amend Section 13 by adding after the last word of said section the following: "provided said demotion IS approved by the Director and the Commission."
The amendment was adopted.

By Senator Harrell of the 12th District-
To amend Section 14 by adding after the words "disciplinary purposes" in line 2 thereof, the following: "the

TuESDAY, MARCH 2, 1937.

1345

cause of the order and acts complained of must be set forth in the order of suspension."
The amendment was adopted.

By Senator Millican of the 35th District-
To amend Section 15, line 3 after the word "shall" by adding the words "at least two weeks" and line 4 after the word "Director" the words "and to the employee."
The amendment was adopted.

By Senator Lindsay of the 34th District-
By adding to line 9, Section 16, after the word "rellg10us" the words "or personal."
The amendment was adopted.

By Senator Lindsay of the 34th District-
To amend Section 16, line 6, by striking the words "and not reviewable in any court, except that", and by placing a period immediately after the word "final."
The amendment was adopted.

By Se.nator Millican of the 35th District-
To amend Section 16, lines 11 and 12, by striking the following: "Any such re-employment shall be made only with the approval of and by the appointing authority."
The amendment was adopted.

By Senator Allen of the 31st District-
To amend by striking from Section 18 the following sentence: "In the discretion of the Commission residence requirements may be waived for a technical and profes-

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JOURNAL OF THE SENATE,

sional positiOns for which qualified applicants who are residents of Georgia can not be obtained."
The amendment was adopted.

By Senator Millican of the 35th District-
To amend Section 18, line 5, after the word "State" by adding the following: "At least one examination shall be called and held each year in each of the Congressional Districts of the State."
The amendment was adopted.

By Senator Patten of the 6th District-
To amend Section 18, line 5, by aclding the following words after the word "State"; "After publication in the official organ of each county, in such District."
The amendment was adopted.

By Senator Whitehead of the 30th District-
To amend Section 19, line 2, by inserting after the words "Marine Corps" the words "Coast Guard."
The amendment was adopted.

By Senator Whitehead of the 30th District-
To ame!ld Section 19, line 5, by inserting after the word "ratings" the following: "and 10 points added to the final ratings of those who are 10 per cent or more disabled according to action of the United States Veterans Administration."
The aniendment was adopted.

By Senators Thrasher of the 27th District, Allen of the 31st District, and Lindsay of the 34th District-
To amend by adding at the end of Section 19 the follow-

TuESDAY, MARCH 2, 1937.

1347

ing words: "Provided that the added percentage herein provided shall not apply if the service man is drawing compensation from the Government for such disability."
The amendment was adopted.

By Senator Millican of the 35th District-
To amend Section 20, line 3, after the word "service;". by ad,ding the words "with the opportunity of answering charges and re-instatement as provided in Section 16."
The amendment was adopted.

By Senator Aultman of the 23rd District-
To amend Section 21, line 2, by striking the words "or of the Commission."
The amendment was adopted.

By Senator Harrell of the 12th District-
To amend by striking Section 23 in its entirety and renumbering the remaining Sections accordingly.
The amendment was adopted.

By Senator Millican of the 35th District-
To amend by adding a new section to be numbered 23 and the following Sections to be renumbered accordingly:
"Section 23. Any unclassified groups of employees may be brought under the provisions of this Act by written request of the head of the Department or appointing authority employing such group of employees."
The amendment was adopted.
The hour of 1:30 o'clock, P.M., having arrived, the President announced that the Senate stood adjourned until tomorrow a~ 10:00 o'clock, A. M.

1348

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, MARCH 3, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Ptayer was offered by the acting Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Johnson of the 42nd District asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and resolutions,

WEDNESDAY, MARCH 3, 1937.

1349

5. Unfinished business of previous session. 6. Special orders.
7. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.
The following bills of the Senate were)introduced, read the first time, and referred to the committe~:
By Senator Peter~n of the 15th DistrictSenate Bill No. 184. A bill to amend the Highway
Mileage. Act of 1929 (pages 260-268), known as the TraylorNeill Bill, by adding a certain road in Montgomery County, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senators Harrison of the 17th District and Atkinson of the 1st District-
Senate Bill No. 185. A bill to amend the Highway Mileage Act of 1929, known as the Traylor-Neill Bill, by adding a road beginning in Chatham County and ending in Jenkins County, and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senator Pope of the, 7th District-
Senate Bill No. 186. A bill permitting, under certain conditions, disabled or indigent soldiers and blind persons to peddle or conduct business without paying license, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Millican of the 35th DistrictSenate Bill No. 187. A bill to amend Chapter 25-3 of

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JouRNAL OF THE SENATE,

the 1933 Code, relatingto the sale, assignment or order for the payment of wages, salary, commissions or other compensation for service, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Millican of the 35th District-
Senate Bill No. 188. A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Fulton County, so as to provide for the recall of members of the Board of County Commissioners, and for other purposes.
Referred to Committee on Counties and County Matters.

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

By Senator Millican of the 35th District.
Senate Resolution No. 79. A resolution authorizing and directing the county authorities to reimburse W. W. Wilson, of Fulton County, the sum of $2,550.00 for monies paid out under bond forfeitures, and for other purposes.
Referred to Committee on Counties and County Matters.

Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your Committee on Conservation has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 159. Respectfully submitted,
SHEDD, Chairman.

WEDNESDAY, MARCH 3, 1937.

1351

Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report:

' Mr. President:
Your Committee on Pensions has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 159.
Respectfully submitted,
KIMBROUGH, Chairman.

Senator Fowler of the 39th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President: \ Your Committee on Public Utili ties has had under
consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
Senate Bill No. 122.
Respectfully submitted,
FowLER, Chairman.
Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President: Your Committee on Agriculture has had under consider-

1352

JOURNAL OF THE SENATE,

ation the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 259.
House Bill No. 260.
Respectfully submitted,
PuRDOM, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government has had
under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 166. Senate Bill No. 182. Senate Bill No. 183. House Bill No. 429.
Respectfully submitted, PEEBLES, Chairman.
Senator McCutchen of the 43rd District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President: Your Committee on University System of Georgia has

WEDNESDAY, MARCH 3, 1937.

1353

had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 179.
Respectfully submitted,
McCuTcHEN, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bills and resolution of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 165.
Senate Bill No. 181.
Senate Bill No. 157.
Senate Bill No. 164.
House Resolution No. 17.
Respectfully submitted,
PHILLIPS, Chairman.

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

By Senator Spivey of the 16th DistrictSenate Bill No. 157. A bill to amend an Act entitled

1354

JOURNAL OF THE SENATE,

"Highway Mileage," being known as the Traylor-Neill Bill, so as to add a road in Emanuel County to the map designated in said bill, and for other purposes.

By Senators Knabb of the 4th District, Patten of the 6th District, Atwood of the 2nd District, and Williams of the 5th District-
Senate Bill No. 164. A bill to amend an Act of August 20, 1929, so as to authorize highway mileage in Clinch and Charlton Counties with the proper highway officials of Florida in construction of a highway from Fargo, Georgia, to Jacksonville, Florida, and for other purposes.

By Senator Forrester of the 44th District-
Senate Bill No. 165. A bill to amend an Act designating highway mileage, by adding to the system of state-aid roads a certain road known as the Scenic Highway located in Walker and Dade Counties, and for other purposes.

By Senator Ennis of the 20th District-
Senate Bill No. 166. A bill to provide that streets lying within corporate limits of municipalities and forming a continuation of the state-aid system of roads shall become a part of the state-aid system for the purpose of construction and maintenance of the State Highway Board, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 179. A bill to provide for the annual interest on the debt due by the State to the University of Georgia referred to in Article 8, Section 6, Paragraph 1, of the Constitution, to make an annual appropriation to the payment of said interest, specifying amount thereof, and for other purposes.

WEDNESDAY, MARCH 3, 1937.

1355

By Senators Thrasher of the 27th District and Almand of the 50th District-
Senate Bill No. 181. A bill to amend the Highway Mileage Act of 1929, pages 26Q-268, known as the TraylorNeill Bill, by adding a road from Watkinsville to Lexington, and for other purposes.

By Senator McCutchen of the 43rd District-
Senate Bill No. 182. A bill to provide for the levying of a tax for the maintenance of public schools in Dalton, and for other purposes.

By Senator McCutchen of the 43rd District-
Senate Bill No. 183. A bill to amend the charter of the City of Dalton, and for other purposes.

The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. McCracken of Jefferson and Batchelor of Putnam-
House Bill No. 259. A bill to amend Section 42-207 of the 1933 Code relating to penalties for selling damaged feeding stuff, and for other purposes.

By Messrs. McCracken of Jefferson and Batchelor of Putnam-
House Bill No. 260 A bill to amend Section 42-202 (2107) of the 1933 Code relating to the registration of feeding stuff with the Commissioner of Agriculture, and for other purposes.

By Messrs. Edwards and Cochran of ThomasHouse Bill No. 429. A bill to amend the Code to au-

1356

JOURNAL OF THE SENATE,

thorize the Mayor and Council of Boston, Georgia, to sell and convey certain property for school purposes, and for other purposes.

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

By Mr. Evans of McDuffie-
Hause Resolution No. 17. A resolution to designate and name the Thomas E. WatsonHighway, and for other purposes.

Senator Millican of the 35th District asked unanimous consent that the Senate stand recessed upon the dissolution of the Joint Session until 2:00 o'clock, P. M., at which time it convene for an afternoon session. The consent was granted.

The following report of the Conference Committee on House Bill No. 141 was submitted, read, and adopted:
Your Conference Committee on House Bill No. 141, known as The Free Text Book Bill, beg leave to submit the following report:
Conferees appointed on the part of the Senate and conferees appointed on the part of the House of Representatives have agreed as follows, taking as a basis the bill as passed by the House of Representatives and harmonizing therewith certain Senate amendments and in some instances inserting new matter:

Section 1. Said Section is left the same as in the House Bill except that the word "shall" in the House Bill is changed to the word "may" in the Senate substitute. The House conferees to that extent receding, so that the said provision shall read: "The Board may provide by regulation, for multiple listings of books for use in the various grades."

WEDNESDAY, MARCH 3, 1937.

1357

Both Senate and House conferees recede so as to add to said Section the following new matter: "The State Board of Education may provide for the selection and purchase of free text books either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books at the lowest possible cost; provided, such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the Board of Education." The Senate recedes in its position and the following provision of the Senate substitute is stricken; "The Board is authorized in its discretion to disregard any adoption or listing at any time it may be advisable to do so in order to secure competitive prices, it being the intent of this Act to give full and complete power to the Board to acquire school books in any manner necessary in order to reduce the cost of books to the State."

Section 2. The conferees on the part of the Senate and of the House both recede and rephrase said Section
as set out in Section 2 of the conference committee substi~ute herewith submitted.

Section 3. The House conferees recede and strike from said Section the sentence: "Provided, that nothing in this Act shall affect or impair the obligation of any existing text book contract." It was thought that this sentence added nothing to the law and was without substantial effect since all valid contracts will necessarily remain valid.

Section 4. The Senate recedes from its postt!On in striking from said Section the provisions for furnishing book covers for such books as are supplied by the State and the Senate further recedes from its position in striking from the Senate substitute the provision for advertisement of purchases of school books authorized under the bill and both Senate and House conferees recede to the extent of rephrasing said provision to read as follows: "All pur-

1358

} OURNAL OF THE SENATE,

chases, listings, or adoptions of text books for use in the public schools of the State, as authorized herein, shall be made upon competitive, sealed bids or proposals, after notice of the time and place of receiving same has been published once in each of at least three newspapers of general circulation published in the State, at least thirty days prior to the date set for receiving proposals, as determined by the State Board." Conferees for both Senate and House recede and add to said Section 4 new matter as follows: "All purchases or contracts for purchases shall be made subject to the condition that the price paid by the State shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book." Both Senate and House conferees recede with reference to the first sentence of said Section so as to include therein a provision for covering and repairing free school books.
Section 5. The conferees of the House recede with reference to the Senate substitute and both House and Senate conferees recede with reference to the rephrasing of same with reference to the last sentence of said Section SQ that, as rephrased, said sentence reads in the conference substitute as follows: "The Board may also purchase any second hand books now or hereafter used in Georgia as it may deem advisable on such basis as may be reasonable."
Section 6. The House conferees recede as to Senate amendment to said Section and the conference substitutes and at the end of said Section said Senate amendment as follows: "Provided, however, that in those municipalities and counties wherein the local boards of education have purchased books and are furnishing free or renting same to the pupils, it shall be the duty of the State Board, if different books be selected for use in such municipalities or counties, to compensate the local Board for the books owned by the local Board or allowed the use of such locally owned books, so long as said books are serviceable."

WEDNESDAY, MARCH 3, 1937.

1359

Section 7. The House confer:ees recede and accept Section 8 of the Senate substitute and the same is designated as Section 7 of the conference committee substitute, the effect of said provision being to extend to the State Board of Education whatever powers may be necessary for the general welfare of the Free School Book System in order to acquire school books at the lowest possible cost. It is recommended that the conference committee substitute to said House Bill No. 141, embracing the main provisions of the House Bill and the Senate Substitute as set out in said substitute, be ratified, approved and adopted as House Bill No. 141, as amended, by your Conference Committee.
Conferees on the part of the House:
WHIPPLE of Bleckley,
HARRELL of Brooks,
KEY of Jasper.

Conferees on the part of the Senate: JAcKSON of the 14th District, PuRDOM of the 46th District, PHILLIPS of the 29th District.

House Bill No. 141 is hereby amended by striking all the words following the words "An Act" in the first line of said House Bill and substituting therefor the following:
To provide for the listing and adoption of text books for use in the public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto; to provide for furnishing free text books and book covers for use by the pupils in the public schools, and for use by pupils in the public eleemosynary institutions of the State, to provide the manner of purchasing such books,

1360

JouRNAL OF THt: SENATE,

and define the duties of the State Board of Education with reference thereto; to authorize the State Board of Education to provide for the publication of text books, if, in their discretion, the same is deemed advisable; to provide for purchasing certain second-hand books and to repair and furnish covers for free text books, to repeal Chapter 32-7 except Section 32--:705 and 32-706 of the Code of Georgia of 1933; to repeal Chapter 32-8 of the Code of Georgia of 1933; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

Section 1. The State Board of Education is authorized and empowered to prescribe by regulation the text books to be used in the various grades in the public schools of this State, including the elementary grades and high school grades. The Board may provide, by regulation, for multiple listings of books for use in the various grades, and may, in its discretion, authorize the county school superintendent or the superintendent of independent school systems, to exercise a choice as between books so listed or adopted for any particular grade. The State Board of Education may provide for the selection and purchase of free. text books either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books at the lowest possible cost; provided, such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the Board of Education. None of said books so purchased shall contain anything of a partisan or sectarian nature.

Section 2. The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this State to examine text books and make recommendations thereon to the State Board of Education. Such committee or committees shall consist of such number of educators as the Board may deem

WEDNESDAY, MARCH 3, 1937.

1361

advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the State Board of Education may prescribe, and receive such compensation as may be fixed by the State Board of Education.

Section 3. The State Board of Education is hereby authorized and directed to inaugurate and administer a system of free text books for the public schools of the State of Georgia. The State Board of Education shall have authority to promulgate and enforce such rules and .regulations as may be necessary for that purpose.

Section 4. The State Board of Education shall, under such rules and regulations as it may deem advisable, provide for purchasing, covering, repairing and furnishing such free text books for use by the pupils in all of the elementary and high school grades in the public schools of this State. The State Board of Education may contract for, and provide rules and regulations for, the covering with book covers of such books as are supplied under the provisions of this Act. The State Board of Education is further empowered, in such manner as may seem to it best for the purpose, to restore, repair, recover, or rebind, or to contract for restoring, repairing, recovering or rebinding any and all books used in the public schools of the State, furnished by the Board of Education under this Act, for the purpose of restoring and extending the use of the books. All purchases or contracts for purchases shall be made subject to the condition that the price paid by the State shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book. For the purposes of this Act the elementary grades shall embrace grades one to seven inclusive and no other; and the high school grades shall embrace grades eight to. eleven inclusive and no other. In order to effectuate the purposes of this Act, the State Board of Education is authorized to enter upon

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JOURNAL OF THE SENATE,

such contracts as may be necessary for that purpose. The State Board of Education may, in its discretion, extend the provisions of this Section, under such rules and regulations as it may adopt, to the Georgia Training School for Boys, the Georgia Training School for Girls, the Academy for the Blind, the School for the Deaf, and the other public eleemosynary institutions operated by this State, where text books prescribed by the State Board of Education in comformity with this Act are used.
All purchases, listings, or adoptions of text books for use in the public schools of the State, as authorized herein, shall be made upon competitive, sealed bids or proposals, after notice of the time and place of receiving same has been published once in each of at least three newspapers of general circulation published in the State, at least thirty days prior to the date set for receiving proposals, as determined by the State Board.
Section 5. If the State Board of Education shall find it advantageous to the State to provide for publishing any or all of the text books required to be used in the public schools of this State, it is authorized and empowered so to do, under such reasonable rules and regulations as it may prescribe, and to that end may enter upon such contracts as rnay be necessary for that purpose. The Board rnay also purchase "any second-hand books now or hereafter used in Georgia as it may deem advisable on such basis as may be reasonable.

Section 6. The expense of administering this Act, and the cost of purchasing, publishing, covering, repairing and furnishing such free text books shall be paid by the State Board of Education from such funds as may be provided by the General Assembly for that purpose: provided, however, that, if funds sufficient to furnish free text books for all grades shall not be available at any time, the Board shall give preference to the elementary

WEDNESDAY, MARCH 3, 1937.

1363

grades, starting with the lower grades, and furnishing free text books to the higher grades as rapidly as funds are available for that purpose. Provided, further, that the State Board of Education shall be authorized, if in its discretion it is deemed advisable to do so, to contract with the boards of education of counties or independent school systems now owning text books, for the purchase or use of such text books, upon such terms as may be mutually agreed upon. Provided, further, that nothing in this Act shall be construed to prevent the boards of education of various counties and independent systems from furnishing free text books or school supplies from local funds or furnishing such text books and school supplies on a rental basis, for all grades in addition to the free text books supplied by the State Board of Education. Provided, further, however, that in those municipalities and counties wherein the local boards of education have purchased books, and are furnishing free or renting same to the pupils, it shall be the duty of the State Board, if different books be selected for use in such municipalities or counties, to compensate the local board for the books owned by the local board, or allow the use of such locally owned books, so long as said books are serviceable.

Section 7. In addition to the powers hereinbefore granted to the State Board of Education to provide free school books to the pupils of the public schools of the State, the State Board of Education is authorized and empowered to do whatever may be necessary for the general welfare of the free school book system, and in order to acquire school books at the lowest possible cost. Such powers hereinbefore set out being cumulative and not restrictive.

Section 8. Chapter 32-7 of the Code of Georgia of 1933 which creates a State Text Book Commission, and provides for the adoption and listing of uniform text books and for prescribing a course of study, except so much of said Chapter as is contained in Section 32-705 and Section

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JouRNAL OF THE SENATE,

32-706, is hereby repealed. Chapter 32-8 of the Code of Georgia of 1933, which regulates the furnishing of text books other than uniform text books, is hereby repealed.
. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

The following communication from His Excellency, the Governor, was read and referred to the Committee on Finance:

Executive Department Atlanta, March 2, 1937.
HoN. JoHN B. SPIVEY, President, and Members of the Georgia Senate, State Senate, State Capitol, Atlanta, Ga.

Dear Mr. President and Senators:
Attached hereto is a copy of resolution passed by the General Council, City of A.tlanta, which I submit herewith for your attention, consideration and direction.
Respectfully yours,
E. D. RIVERS, Governor.
Enc.
RESOLUTION
By The Finance Committee:
Whereas, a proposal has been 'made that the City of Atlanta purchase the old John B. Gordon home, and

WEDNESDAY, MARCH 3, 1937.

1365

Whereas, said home has a historical value, and it would be well to preserve this historical place, and
Whereas, the City of Atlanta is without funds to make said purchase,
Therefore, be it resolved By the Mayor and General Council that the State of Georgia be and is hereby requested to purchase said home.
Adopted February 15th, 1937
Approved February 19th, 1937 William B. Hartsfield, Mayor
A true copy, J. L. RICHARDSON (Signed)
Clerk of the Council

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

By Senator. Atkinson of the 1st District and all other Senators-
Senate Resolution No. 80. A resolution expressing to Hon. Jeff Pope of the 7th District the appreciation of the Senate for his generosity in presenting the members of the Senate with individual containers of Georgia Maid pickles, and for other purposes.
A sealed communication from His Excellency, the Governor, was received through the Executive Secretary, Hon. Downing Musgrove.

Senator Lindsay of the 34th District moved that the Senate go into Executive Session and the motion prevailed.
The President ordered the floor of the Gallery and the Senate Chamber cleared.

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JOURNAL OF THE SENATE,

The following communication was transmitted by the Secretary of the Senate to His Excellency, the Governor:

HaN. E. D. RIVERS, Governor of Georgia, Executive Department.

March 3, 1937.

Dear Governor Rivers:

The State Senate received, under date of March 2, 1937, the following nominations:

Han. W. A. Bailey of the County of Stephens to be Judge of the City Court of Stephens County, to serve for a term beginning this date and expiring December 31, 1940.

Han. Winston Owen of the County of Stephens to be Solicitor of the City Court of Stephens County, to serve for a term beginning this date and expiring January 1, 1941.

I beg leave to report both the above nominations were confirmed by the State Senate, in executive session; the vote being 43 to 0.

Sincerely yours,

w. JOHN

HAMMOND,

Secretary of State Senate.

The President called the Senate to order.
The following bills of the House were read the first time and referred to the committees:
By Messrs. Lanier, Harris, and Barrett of RichmondHouse Bill No. 527. A bill to provide a teacher tenure

WEDNESDAY, MARCH 3, 1937.

1367

for the Richmond County public school system; to provide for those eligible for teaching therein; and for other purposes.
Referred to Committee on Education and Public Schools.

By Mr. Key of Jasper-
House Bill No. 552. A bill to amend an Act to consolidate the offices of Tax-Receiver and Tax-Collector of Jasper County; to create the office of County Tax Commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 555. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 563. A bill to amend the charter for the City of College Park, Fulton County, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Candler, Sams, and Turner of DeKalb- . House Bill No. 564. A bill to amend an Act establish-
ing the Municipal Court of Atlanta, DeKalb Section, and for other purposes.
Referred to Committee on General Judiciary No. 1.

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JOURNAL OF THE SENATE,

By Mr. Sapp of Coffee-
House Bill No. 574. A bill to repeal an Act providing for additional compensation for the -Tax Commissioner of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Harrell of Brooks-
House Bill No. 579. A bill to amend an Act establishing a system of public schools in the town of Quitman, and for other purposes.
Referred to Committee on Education and Public Schools.

By Mr. Moore of Haralson-
House Bill No. 581. A bill to amend an Act to consolidate the offices of Tax-Receiver and Tax-Collector in Haralson County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Fowler of Treutlen-
House Bill No. 591. A bill to amend an Act creating a new charter for the City of Soperton, to create the office of Recorder for said city, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Smith and Jones of Dodge-
House Bill No. 592. A bill to create a new charter for the City of Eastman, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 593. A bill to amend Acts of 1882-3, page 552, authorizing Commissioners of Chatham County

WEDNESDAY, MARCH 3, 1937.

1369

to levy and collect taxes for certain purposes, so as to fix a definite limitation of 2-1/2 mills instead of an indefinite limitation of 50 per cent, and for other purposes.
Referred to Committee on Counties and County Matters.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

By Me~srs. Harris, Lanier, and Barrett of Richmond-
House Bill No. 30. A bill to be entitled an Act proposing to the qualified voters of the State an amendment to the Constitution exempting certain personal property, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond, and others-
House Bill No. 26. A resolution proposing an amendment to the Constitution of the State exempting from ad valorem taxation homesteads not ex,ceeding $2500, and for other purposes.

By Mr. Edwards ofThomas-
House Bill No. 86. A bill to be entitled an Act making it unlawful for any person to sell, purchase, trade or barter certain animals in Georgia without a bill of sale, and for other purposes.

By Messrs. Houston and Perry of Worth, and others-
House Bill No. 409. A bill to be entitled an Act to amend Section 5 of an Act passed by the General Assembly of Georgia, 1927, known as Act 314 Tuberculosis in Domestic

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JouRNAL oF THE SENATE,

Animals, so as to include in each and all of the provisions of this Act the control of Bang Disease, and for other purposes.

By Mr. Jones of Brantley-
Hause Bill No. 615. A bill to be entitledanAct torequire the Commissioners of Roads and Reven,ues of Brantley County to establish and maintain roads over which school bus routes are located upon the recommendation of the various school trustees, and for other purposes.

By Mr. Jones of Brantley-
Hause Bill No. 616. A bill to be entitled an Act to require the Tax Commissioner of Brantley County, Georgia; to give bond in the sum of $15,000.00; and for other purposes.

The House has adopted the following resolution of the House, to-wit:

By Messrs. Preston of Bulloch, Booth of Barrow, and Warnell of Bryan-

House Resolution No. 175. A resolution inviting Han.

Henry Ford to address a joint session of the General As-

sembly of Georgia.



The House has adopted the following resoluti.on of the Senate, to-wit:

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Purdom of the 46th District-
Senate Resolution No. 74. A resolution requesting the Governor to appoint a State Constitution Sequicentennial Commission, and for other purposes.
The House has passed, as amended, the following bill of the Senate, to-wit:

WEDNESDAY, MARCH 3, 1937.

1371

By Senator Millican of the 35th District-
Senate Bill No. 91. A bill to amend Section 73-202 of Title 73 of the Georgia Code which provides for the appointment, duties, term of office, and salary of State Oil Inspectors, and for other purposes.
The House has disagreed to the Senate amendments to the following bill of the House:

By Messrs. Hollis of Morgan, Hill of Screven, and many

others-



House Bill No. 18. A bill to create a Department of Public Safety for Georgia, and for other purposes.

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

Mr. President:
1he House has passed, by substitute, the following bills of the Senate, to-wit:

By Senator Atkinson of the 1st District-
Senate Bill No. 1. A bill to be entitled an Act to abolish the State Highway Board, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 2. A bill to be entitled an Act to create a State Highway Commission of Georgia, and for other purposes.
The President named the following as a committee on the part of the Senate to escort the distinguished guests to the Hall of the House of Representatives for the joint session at 12:00 o'clock:
Senators Sutton of the 47th District, and
Moye of the 11th District.

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JouRNAL OF THE SENATE,

The following bill of the Senate, having been carried over as unfinished business from yesterday, was taken up for consideration:

By Senator Ennis of the 20th District-
Senate Bill No. 104. A bill to be entitled an Act to establish a Civil Service Commission, and for other purposes.
The following amendments were offered to Senate Bill No. 104:

By Senator Lindsay of the 34th District-
To amend by adding at the end of Section 5 the following: "Provided, however, temporary employees in the service of the State at the time of the effective date of this Act shall not be affected by this Section."
The amendment was adopted.

By Senator Lindsay of the 34th District-
To amend Section 5 by adding at the end of said section, as amended, the words: "Each employee is to be determind a temporary employee who is filling a position in any Department that is not specifically provided by law but is authorized by permissive legislation."
The amendment was adopted.

By Senator Millican of the 35th District-
To amend Section 26 (effective Date) by striking the words "from and after its passage" and substituting in lieu thereof "June 1, 1937."
The amendment was adopted.

WEDNESDAY, MARCH 3, 1937.

1373

The hour of 12:00 o'clock having arrived, the President accompanied by the Secretary and members of the Senate repaired to the Hall of the House of Representatives and the joint session of the General Assembly was called to order by Hon. John B. Spivey.
The joint resolution providing for the joint session was read by Hon. John W. Hammond, Secretary.
The distinguished guests, accompanied by His Excellency, the Governor, entered the Hall and were seated in seats arranged for them.
Hon. E. B. Weatherley of Cochran, Georgia, and Hon. Paul Chapman, Dean of the College of Agriculture of the University of Georgia, were introduced by the Chair, each addressing the members of the General Assembly relative to Agricultural and Livestock problems in Georgia.
Mr. Sutton of Wilkes moved that the joint session do now dissolve and the motion prevailed.
The Senate stood recessed.
The hour ot 2:00 o'clock, P. M., having arrived, the President called the Senate to order.
Consideration of Senate Bill No. 104, known as the Civil Service Act, was resumed.

Senator Thrasher of the 27th District asked unanimous consent that the Senate reconsider its action in adopting the following amendment to Senate Bill No. 104.

By Senators Thrasher of the 27th District, Allen of the 31st District, and Lindsay of the 34th Di$trict-
To amend by adding at the end of Section 19 the following words: "Provided that the added percentage herein provided shall not apply if the service man is drawing compensation from the Government for such disability."
The consent was granted.

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JOURNAL OF THE SENATE,

Senator Thrasher of the 27th District asked unanimous consent that the above amendment be withdrawn from consideration of the Senate and the consent was granted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, by substitute, as amended.

Senator Lindsay of the 34th District called for the ayes and nays on the passage of the bill and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Aultman Brock Burrell Chason Ennis Forrester Fowler Greer Griner

Hampton Hardman Holmes Jackson Johnson Kimbrough Knabb McCutchen McKenzie Millican Neely Patten

Peebles Phillips Pope Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Williams

Those voting in the negative were Senators:

Harrell Harrison Jones

Lindsay Moye Peterson

Pruett Sammon Whitehead

Verification of the roll call was dispensed with.

The ayes were 36, the nays 9.

The bill having received the requtstte constitutional majority was passed, by substitute, as amended.

Not voting were: Senators Atwood of the 2nd District, Burgin of the 24th District, Clements of the 9th District, and Flynt of the 26th District.

WEDNESDAY, MARCH 3, 1937.

1375

Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 104 be immediately tranSmitted to the House and the consent was granted.

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

By Senator Ennis of the 20th District-
Senate Resolution No. 81. A resolution providing for a change in the Standing Rules of the Senate relative to the limit of debate.
Referred to Committee on Rules.

House Bill No. 18, known as the Highway Patrol Act, was taken up for the purpose of considering the House's disagr:eement to the Senate amendments placed thereto.

The Senate insisted upon its position on House Bill No. 18 and requested that a Conference Committee be appointed to consider the bill. The President appointed as a Committee of Conference on the part of the Senate the following:

Senators Atkinson of the 1st District, Lindsay of the 34th District, and Pope of the 7th District.

The following resolution of the House was read and adopted:

By Messrs. Preston of Bulloch, Booth of Barrow, and Warnell of Bryan-
House Resolution No. 175. A resolution inviting Hon. Henry Ford to address. a joint session of the General Assembly of Georgia.

1376

JouRNAL OF THE SENATE,

The following bill of the House having been set -as a special order of business for today was read the third time and put upon its passage:

By Messrs. Musgrove of Clinch, Freeman of Bibb, and Harris of Richmond-
House Bill No. 312. A bill to create a New Department of the State Highway Department of Georgia to be known as the Division of United States Rural Post Roads, and for other purposes.
The committee offered the following substitute for House Bill No. 312:
Committee Substitute for House Bill No. 312.
A BILL
To be entitled an Act to define U. S. Rural Post Roads; to provide for a new Division to be known and designated as U. S. Rural Post Roads Division of the State Highway Department of Georgia; to provide for the functions of said Division; to provide for a Director of said Division; to provide for receiving funds available for said Division from the U. S. Government and any Agency thereof and from the Treasury of the State of Georgia and from the several counties of the State and from the municipalities of the State and from any other source to be used in the construction and maintenance of U. S. Rural Post Roads and Bridges thereon located in said State and to provide for the construction and maintenance of Farm to Market Roads; to provide for method of receiving and disbursing such funds; to create a system of U. S. Rural Post Roads of the State of Georgia; to provide the method of determining the amount of U. S. Rural Post Roads mileage in each county of this State and to provide for the distribution of the funds of this Division accordingly; to empower the State Highway

WEDNESDAY, MARCH 3, 1937.

1377

Board of Georgia in conjunction with the Federal Government, County or Municipal authorities to make changes, surveys, location and relocation of the U. S. Rural Post Roads; to empower the "State Highway Board of Georgia to enter into contracts with the U. S. Government, its agencies and with proper county authorities and municipal authorities and to empower proper county authorities and proper municipal authorities to likewise contract; to fix the duties of procuring the rights of way for such roads on the proper county authorities; to empower the State Highway Board to make reasonable rules and regulations, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted ~y authority of the same that there is hereby created a Division of the State Highway Department of Georgia which Division shall be known and designated as U. S. Post Roads Division.

Section 2. Be it further enacted by the authority aforesaid that the Rural Post Roads Division of the State Highway Department hereby created shall be under the supervision and control of the State Highway Board for the handling of all construction and/or maintenance work financed aU together or in part by either State and/or county and/or Federal and/or Municipal funds; or when requested by the County for the handling of construction work financed entirely with county funds; and the State Highway Board is authorized to defray expenses as may be necessary to supervise and control such construction work and/or maintenance work subject to provision hereinafter set forth. Be it -further enacted that the Rural Post Roads Division as herein provided for shall have such supervision of maintenance and/or construction of farm to market roads as the State Highway Board shall designate under such rules and regulations as the State Highway. Board may prescribe of Farm and Market roads in the

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JouRNAL oF THE SENATE,

State in addition to Supervision of maintenance or construction of Rural Post Roads; such supervision of Farm to Market Roads shall be on such cooperative basis as the Board may prescribe in order to obtain Federal and/or State and/or County and/or Municipal funds available for such Farm to Market Roads.

Section 3. Be it further enacted by the authority aforesaid that the State Highway Board shall name and designate a Director of the Division of RuraJ Post Roads of the State Highway Department of Georgia and that such Director shall have power and duties relative to the immediate supervision of this Division as being necessary and advisable by the State Highway Board of Georgia.

Section 4. Be it further enacted that the Director of the Rural Post Roads Division provided for herein shall be an Engineer experienced and trained in Rural road construction and/or maintenance.

Section 5. Be it further enacted that the Director of

Rural Post Roads shall hold office at the pleasure of the State

Highway Board.

.

Section 6. The term Rural Post Roads shall mean all roads and highways in the several counties of the State of Georgia over which U. S. Mail is carried not included in the present highway system. The term Farm to Market Roads in this Act shall mean all public roads and highways in the several counties of the State of Georgia other than U. S. Post Roads and/or State Aid Roads.

Section 7. Be it further enacted by the authority aforesaid that from and after the passage of this Act the State Highway Department of Georgia be and it is hereby constituted the proper receiving agency of any and all funds available from the Federal Government and/or the Treasurer of the State of Georgia and any other source

WEDNESDAY, MARCH 3, 1937.

1379

by virtue of legal appropriation, allocation or otherwise for the purpose of this Act and that the same restriction shall govern the expenditure of these funds as restricts and governs any funds coming under the direction of the State Highway Board of Georgia. The State Highway Board shall he empowered and directed to set up a special Rural Post Roads Fund account in the records of their accounting department and shall keep separately in this account funds accruing from all sources and separate account shall he made of receipts and disbursements. Likewise, all funds for Farm to Market Roads shall he separately kept and accounted for.

Section 8. Be it further enacted that all Rural Post Roads in the State of Georgia not already a part of the State Aid System of Georgia he and the same are hereby made a part of the Rural Post Roads Division of the State Highway Department eligible for aid under the terms and conditions of this Act provided the Board is hereby empowered to make rules and regulations to he complied with by the several counties of this State as the condition precedent to such counties receiving the benefits of this Act.
Section 9. Be it further enacted that the proper county authorities of the several counties of the State having jurisdiction over the construction and maintenance of roads and bridges he and they are hereby required to file with the State Highway Board within a reasonable time to he prescribed by the State Highway Board after the approval of this Act a map of all Rural Post Roads in their respective counties designating those roads which are already on the State Aid System and those roads which are not.
Said map may he provided where the same can he obtained by the several rural mail carriers of each of the counties as being substantially correct. Where such approval cannot he obtained it is the duty of the State High-

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way Board to satisfy themselves as to the correctness of said maps.

Section 10. All funds available to the Division of Rural Post Roads through the State Highway Board for construction and/or maintenance of U. S. Rural Post Roads shall be apportioned among the several counties of the State according to the Rural Post Roads mileage in each of said counties not on the State Aid System at the time of the approval of this Act except that the funds herein provided for may be withheld pending the preparation of a program covering Federal funds to meet the approval of the U. S. Bureau of Public Roads and/or other Federal agencies. As new Rural Post Roads are created and established according to law descriptions thereof shall be furnished the State Highway Board and the maps hereinbefore provided for shall be amended accordingly and addition'al mileage occasioned thereby added to the counties quota where such roads are thus established subsequent to the passage of this Act. Provided that funds so apportioned to any county may be set aside and allowed 1to accumulate to the credit of such county for not to exceed two years if in the opinion of the State Highway Board the annual apportionment to such counties is not sufficient to expend efficiently during any current year.

Section 11. The State Highway Board is empowered with the same authority to relocate Rural Post Roads as they are empowered to relocate any roads on the State Highway system subject to the approval of the proper Federal Authorities.

Section 12. The State Highway Board is hereby empowered to contract with the counties for the construction of Rural Post Roads and bridges upon such terms as they are empowered to contract for the construction of any roads on the State Highway system.

WEDNESDAY, MARCH 3, 1937.

1381

Section 13. Be it further enacted by the authority that all roads in the Rural Post Roads and all Farm to Market Roads hereinbefore provided for shall be maintained by the counties and maintenance provision to be provided in contract at the time the contract or agreement for the construction of said road is entered into with the State Highway Board, subject to such rules, regulations and requirements as the Federal Bureau of Roads and/or other Federal agencies may prescribe, it being definitely directed that in no event shall anything in this Act and/or in said contract be construed as to place upon the State Highway Board the duties of taking over any of the U. S. Post Roads and/or Farm to Market Roads for maintenance, nor shall it be construed to place upon the State Highway Board any of the burdens of taking over any of said roads into the State Aid Road system existing prior to this Act.

Section 14. It is hereby made the duty of the ~uthority having jurisdiction and control of the roads and bridges of the several counties in the State of Georgia to procure all rights of way necessary to the construction and/or maintenance of roads participated in by this Division of the State Highway Department at the expense of the counties and no funds of the State Highway Department or of the Post Road Division thereof shall be expended in the procurement of such rights of way.

Section 15. The county authorities of the several counties of this State having jurisdiction of the roads and bridges of such counties are hereby empowered to contract with the State Highway Board for the construction of any U. S. Rural Post Roads and Bridges and/or any Farm to Market Roads or Bridges thereon in their respective counties ~nd are hereby empowered to use such funds in the County Treasury for this purpose as is available for road purposes including the one cent gasoline tax now allocated to the counties for road purposes.

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Section 16. Be it further enacted that if any provisions of this Act is inconsistent with or contrary to any rules, regulations or requirements of the Federal Bureau of Roads and/or other Federal Agencies the State Highway Board is hereby authorized and empowered to waive such provisions of this Act in order to meet any such rule, regulation, or requirement, it being the purpose of this Act to enable the Board to comply with any rule, regulation or requirement of the Federal Government in order to cooperate with the Federal Government and all its agencies to procure all possible Federal Aid and assistance for construction and/or maintenance of U. S. Rural Post Roads and/or Farm to Market Roads.

Section 17. Be it further enacted by the authority aforesaid that in the event any part of this Act is declared unconstitutional or void for any reason by any court of competent jurisdiction, such decision shall in no wise affect the remaining portions hereof.

Section 18. 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.
By unanimous consent House Bill No. 312 and the substitute thereto were considered section by section.
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 the passage of the bill, by substitute, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
Senate Bill No. 91, a bill providing for the appointment, duties and term of office of the State Oil Inspectors,

WEDNESDAY, MARCH 3, 1937.

1383

was taken up for the purpose of considering the following House amendment thereto:

By Mr. Key of Jasper-
To amend Senate Bill No. 91, Section 1 of said bill, by changing the period at the end of said Section to a comma, and adding the following words: "provided, however, the expenses shall not exceed ~2400.00 per annum."
The Senate agreed to the House amendment.
Senate Bill No: 1. A bill to abolish the Highway Board of Georgia was taken up for the purpose of considering the following House substitute thereto:

A BILL
To be entitled an Act to abolish the State Highway Board of Georgia, and to repeal Code Sections 95-1601 and 95-1602 of the Code of Georgia of 1933, said Sections having reference to membership, appointment and terms of the memhers, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows, to-wit:
(1) That from and after the passage of this Act, the Highway Board of the State of Georgia shall be, and is, hereby abolished, and the term and tenure of office of each of the members thereof shall be and is hereby terminated and ended, and no member of said Board shall have the power and authority to act as such.
(2) That Section 95-1601 of the Code of Georgia of 1933, providing that the State Highway Department shall be managed and controlled by the State Highway Board, and providing for membership and appointment of the members of the Board shall be and is hereby repealed.

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(3) That Section 95-1602 of the Code of Georgia of 1933, having reference to the terms of office of the members of the State Highway Board be and the same is hereby repealed.

Section 2. 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 Senate agreed to the House substitute to Senate Bill No. 1.
Senate Bill No. 2, a bill to create the State Highway Commission, was taken up for the purpose of considering the House substitute thereto as follows:

A BILL
To be entitled an Act to create the State Highway Board of Georgia, providing for membership thereof, the appointment and terms of office, to provide that said Board shall perform all of the duties heretofore performed by the State Highway Board of Georgia, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of same as follows, to-wit:
(1) The State Highway Department shall be managed and conttolled by the State Highway Board, which shall consist of three members, to be appointed by the Governor, and confirmed by the Senate. Each member shall be selected from different sections of the State.
(2) The term of office of each member of the State Highway Board herein created shall be six years, except that the first three appointments shall be made as follows:

WEDNESDAY, MARCH 3, 1937.

1385

(a) One member shall be appointed for a term ending February 1st, 1939;
(b) One member shall be appointed for a term ending February 1st, 1941;
(c) One member shall be appointed for a term ending February 1st, 1943;
Upon the completion of each of said terms, the succe~d ing member respectively shall be appointed for the full term of six years. All vacancies shaJl be filled by appointment of the Governor for the balance of the unexpired term wherein the vacancy exists.

Section 2. 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 .Senate agreed to the House substitute to Senate Bill No.2.

Senator Atkinson of the 1st District asked unanimous consent that House Bill No. 312 be immediately transmitted to the House and the consent was granted.

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

By Mr. Cogdell of Glynn-
House Bill No. 159. A bill to create a Department of Natural Resources, and four subdivisions thereof; to provide for the control and management of said Department and the subdivisions thereof; to define the jurisdiction of said Department, and for other purposes.
The committee offered the following Amendments to House Bill No. 159:

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To amend by adding a sub paragraph to Section 2 thereof to be known as paragraph (d) as follows:
(d) The Commissioner of Natural Resources, the Director of Wild Life and the Inspector of Coastal Fisheries are hereby authorized and required under the terms of this Act to cooperate fully with the Bureau of Fisheries of the Federal Government, and with anv other Federal Agency interested in the preservation and propagation of fish, shell fish and wild life in the promulgation of the fishing industry in this State, and for such purposes they are ?uthorized to cooperate with the Federal Government and all agencies thereof in all matters of mutual concern pertaining to the matter of developing the fishing industry in this State, including the adoption of all necessary rules, regulations and methods of administration as may be found by the Federal Government to be necessary for the efficient operation of the Division of Wild Life as herein created and established."
To amend Section 2 by adding between the words "conservation" and "and" in the sixth line thereof a comma, and the following words, "protection, propagation."
To amend Section 9 and Paragraph 3 thereof, by striking said Paragraph 3 as it appears in said House Bill and substituting in lieu thereof another paragraph likewise numbered and to be known as Paragraph 3, to read as follows: "DIVISION OF MINES, MINING, AND GEOLOGY. A division of Mines, Mining and Geology is hereby created, which shall be under the imme,diate direction of a Director of Mines, Mining, and Geology, who shall be a graduate in Geology of a recognized college or university giving a full geology course and shall have had at least four (4) years of practical experience in geological work. He may appoint, with the approval of the Commissioner, technical assistants who shall have had the same educational qualifications as those required of

WEDNESDAY, MARCH 3, 1937.

1387

the Director, and the functions, duties; and powers of the Geological Division of the Department of Forestry and Geological Development are hereby transferred to and vested in the Director of Mines, Mining and Geology and the Commissioner of Natural Resources. Such functions, duties, and powers are defined by the Law of 1894, Page 111, Section 1964 of the Code of 1910, and Section 22, Page 13 of the Reorganization Act approved August 28, 1931. It shall be the duty of the Division of Mines, Mining, and Geology to conduct cooperative work with the Departments and Bureaus of the United States Government in the activities and investigations for which such Division is created, provided that the expenditure for such purpose shall at least equal that of the State. Said Division shall conduct studies in the field, map and prepare reports of the geological and mineral resources of the State, prepare, or cooperate in preparing, topography maps for use as base maps in the geological field study and in mining development, for use in planning power developments, agriculture and reclamation work and highways, make hydrographic surveys deemed by the Division to be advantageous, to the mining and milling of mineral deposits, water-power utilization, reclamation, or as proper cooperative investigations with other Departments of the State or Federal governments to aid the laboratory researches upon mining, metallurgical problems of the State's mining and mineral industry and publish bulletins embodying reports provided by the Division."

To amend Section 11 of said House Bill No. 159, by striking the period at the end of said section after the word "jurisdiction" and inserting in lieu of the period a comma and adding the following words: "Except as otherwise provided by this Act and other valid statutes of this State."
The committee amendments were adopted.

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JouRNAL OF THE SENATE,

Senator Aultman of the 23rd District moved to amend House Bill No. 159, Section 14(a) thereof, by striking said section 14(a) in its entirety.
To amend House Bill No. 159 by striking the words "Mines and Mining" wherever they appear in the Bill and inserting in lieu thereof the words "Mines, Mining and Geology."
The amendments by Senator. Aultman of the 23rd District were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was. agreed to.
On the passage of the bill, as amended, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

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

Mr. President:
The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like Committee on the part of the Senate on House Bill No. 18 the following members of the House, to-wit:
Messrs. Sutton of Wilkes,
Trapnell of Candler, and
Cochran of Thomas.

The following privilege resolutions were read and adopte9-:

By Senator Moye of the 11th DistrictA resolution extending the privileges of the floor to Hon

WEDNESDAY, MARCH 3, 1937.

1389

L. M. Moye, Jr., son of th~ distinguished Senator from the 11th District.

By Senator McCutchen of the 43rd District-
A resolution extending the privileges of the floor to
Hon. 0. R. Hardin, Mayor of the City of Dalton.

By Senator Patten of the 6th District-
A resolution extending the privileges of the floor to Mrs. J.P. Shedd, wife of the distinguished Senator from the 3rd District.

By Senator Shannon of the 21st District-
A resolution extending the privileges of the floor to Hon. H. L. D. Hughes of Danville, Georgia.

By Senator B'urgin of the 24th District-
A resolution extending the privileges of the floor to Hon. J.P. Turner, Tax Commissioner of Muscogee County, Georgia.

By Senator Burgin of the 24th District-
A resolution extending the privileges of the floor to Hon. Frank G. Lumpkin, prominent citizen of Columbus, Georgia.

Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A. M.

1390

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, MARCH 4, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by Senator Millican of the 35th District.
Senator Peterson of the 15th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Terrell of the 19th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Aultman of the 23rd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and resolutions.

THURSDAY, MARCH 4, 1937.

1391

5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

Senator Horne of the lOth District asked unanimous consent that Senate Bill No. 154 by Senator McKenzie of the 48th District, a bill providing that the qualified voters of certain counties shall be entitled to vote to fill the office of County School Superintendent in all elections, be re-committed to the Committee on Counties and County Matters.
. The consent was granted.

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

By Senator Allen of the 31st District-
Senate Bill No. 189. A bill to provide payment from highway funds to the several municipalities excluded from participating in highway construction on account of having in excess of 2,500 population, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Whitehead of the 30th District-
Senate Bill No. 190. A bill to amend theHighwayMileage Act of 1929, known as the Traylor-Neill Bill, by adding a certain road in Elbert County and running to Sander's Ferry Bridge across the Savannah River, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Terrell of the 19th District-
Senate Bill No. 191. A bill to increase the mileage of the State Aid System of Public Highways by adding a road in

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JouRNAL OF THE SENATE,

Warren County known as the Warrenton-Camak-WadleyWoodruff Mill Road, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Harrell of the 12th District-
Senate Bill No. 192. A bill to amend Section 8 of the 1931 Income Tax Act, New Code Section 92-3106, relating to personal exemption in the case of a married individual living with a husband or wife, and for other purposes.
Referred to Committee on Finance.

By Senators Harrell of the 12th District, Sikes of the 49th District, and Atkinson of the 1st District-
Senate Bill No. 193. A bill to amend Chapter 106-3, Title 106 of the 1933 Code, providing for the filing of affidavits of certain persons carrying on business under an assumed name, in the office of the Clerk of the Superior Court of the county where business is located, and for other purposes.
Referred to Committee on Uniform Laws.

By Senator Lindsay of the 34th District-
Senate Bill No. 194. A bill to amend Section 46-101 of the 1933 Code, providing that no summons of garnishment shall issue on a pending suit unless the affidavit for garnishment recites that the money or property to be garnished are not wages of the defendant, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Harrison of the 17th District-
Senate Bill No. 195. A bill to amend the Banking Law of the 1933 Code (Title 13, Section 13-2015) by regulating

THURSDAY, MARCH 4, 1937.

1393

banks doing a commercial business and receiving deposits subject to check, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Shedd of the 3rd District-
Senate Bill No. 196. A bill to amend Title 15, Chapter 15-3 and Chapter 15-304 relating to the acquisition by the United States of certain land in Georgia, and for other purposes.
Referred to Committee on Conservation.

By Senator Shedd of the 3rd District-

Senate Bill No. 197. A bill to increase the mileage of the

State Aid System by adding a certain road in Wayne County

and extending through Appling County and Bacon County,

and for other purposes.



Referred to Committee on Highways and Public Roads.

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

By Senator Harrell of the 12th District-
Senate Resolution No. 82. A resolution proposing to the qualified voters of Georgia an amendment to Article V of the Constitution, authorizing the creation of a department to be known as the Georgia Bonding and Surety Commissioner and to prescribe the duties of said Commissioner, and for other purposes.
Referred to Committee on Amendments to the Constitution.

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

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JouRNAL OF THE SENATE,

Mr. President:
The House has passed by the reqms1te constitutional majority the following b'ills of the House and ;or Senate, to-wit:

By Mr. Cogdell of Glynn-
House Bill No: 44. A bill to repeal an Act providing for a secret and private ballot of Section 138 (8-21) of Michie's Code of 1926, applying to Glynn County, and for other purposes.

By Messrs. Sanders and Hart of Coweta-
House Bill No. 609. A bill to amend an Act entitled "An Act to create a new charter for the City of Newnan," and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 621. A bill to repeal an Act to create a Board of Roads and Revenues of Coffee County, and for other purposes.

By Mr. Sapp of Coffee-
House Bill No. 622. A bill to create the office of Commissioners of Roads and Revenues for Coffee County, and for other purposes.

By Mr. Mavity of Walker-
House Bill No. 623. A bill to amend and alter the charter of the City of Rossville, and for other purposes.

By Messrs. Trippe and Mundy of Polk-

House Bill No. 624. A bill to repeal an Act entitled an

Act to amend and consolidate the several acts incorporating

the City of Cedartown, and for other purposes.

-

THURSDAY, MARCH 4, 1937.

1395

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 631. A bill to amend an Act entitled "An Act to create a Board of County Commissioners of Gwinnett County," so as to change the pay of each Commissioner from three to five dollars per day, and for other purposes.

By Mr. Harvey of Upson-
House Bill No. 632. A bill to amend the charter of the City of East Thomaston, and for other purposes.

By Mr. Harvey of Upson-
House Bill No. 634. A bill to amend the charter of the City of Thomaston, and for other purposes.

By Mr. Hogg of Marion-
House Bill No. 636. A bill to create a Board of Commissioners of Roads and Revenues for Marion County, and for other purposes.

By Mr. Hogg of Marion-
House Bill No. 637. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Marion, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 72. A bill to protect trademark owners, producers, distributors, and the general public against injurious and uneconomic practices in the distribution of competitive commodities, and for other purposes.
Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

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JouRNAL OF THE SENATE,

Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bills and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation th::tt the same do pass:
House Bill No. 574. House Bill No. 593. House Bill No. 581.
Senate Bill No. 188. Senate Resolution No. 79.
House Bill No. 375.
Respectfully submitted,
JACKSON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 133-548a.
House Bill No. 522.
House Bill No. 542.
House Bill No. 486.

THURSDAY, MARCH 4, 1937.

1397

House Bill No. 547. House Bill No. 364. Senate Bill No. 178.

Respectfully submitted, JACKSON, Chairman.

Senator Atkinson of the 1st District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 81.
Respectfully submitted,
ATKINSoN, Chairman.

Senator McKenzie of the 48th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 176.
Respectfully submitted,
McKENZIE, Chairman.

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JouRNAL oF THE SENATE,

Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President:
Your Committee on Motor Vehicles has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 82.
House Bill No. 83.
Respectfully submitted,
SuTToN, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on Finance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
Senate Bill No. 133.
Respectfully submitted,
ENNIS, Chairman.

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President: Your Committee on Banks and Banking has had under
consideration the following bill of the Senate and has in-

THURSDAY, MARCH 4, 1937.

1399

structed me, as vice-chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 113, by substitute, and amendment thereto do pass.
Respectfully submitted,
KNABB, Vice-Chairman.

The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senator Millican of the 35th District-
Senate Bill No. 133. A bill to amend Section 40-1901 and Section 40-1902 of the 1933 Code to prescribe the duties and authority of the Supervisor of Purchases; to create a State Purchasing Board; and for other purposes.
By Senator Atkinson ~f the 1st District-
Senate Bill No. 176. A bill to extend the penal laws relating to illegal practices in general elections to all primary elections, and for other purposes.

By Senator Burrell of the 40th District-
Senate Bill No. 178. A bill to create a Board of Commissioners of Roads and Revenues of Towns County, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 188. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Fulton County, so as to provide for the recall of members of the Board of County Commissioners, and for other purposes.

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

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JouRNAL oF THE SENATE,

By Senator Millican of the 35th District-
Senate Resolution No. 79. A resolution authorizing the County Authorities to reimburse W. W. Wilson, of Fultoq County, the sum of $2,550.00 for monies paid out under bond forfeitures, and for other purposes.

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

By Mr. Musgrove of Clinch-
House Resolution No. 133. A resolution authorizing the Clinch County Commissioners to pay certain sums of money, and. for other purposes.

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

By Mr. Sutton of Wilkes-
House Bill No. 82. A bill to provide under what terms a certificate shall be issued to Motor Common Carriers, and for other purposes.

By Mr. Sutton of Wilkes-
House Bill No. 83. A bill to provide under what terms a certificate shall be issued to Motor Carriers and to provide in what manner suit shall be brought; amending Section 7 of Act approved March 31, 1931; and for other puq~oses.

By Mr. Williams of Bacon-
House Bill No. 364. A bill to amend an Act of August 20, 1927, creating a Board of Commissioners of Roads and Revenues of Bacon County, and for other purposes.

By Mr. Cogdell of GlynnHouse Bill No. 375. A bill to amend an Act establishing

THURSDAy' MARCH 4, 1937.

1401

the City Court of Brunswick, approved December 9, 1895, and amended by Acts of August 20, 1906, August 22, 1907, and August 11, 1927, and March 22, 1935, providing that the Judge and Solicitor of said court shall be elected by popular vote, and for other purposes.

By Messrs. Smith and Jones of Dodge-
House Bill No. 486. A bill to amend an Act creating the office of Tax Commissioner for Dodge County; by increasing salary from $2,500.00 to $3,600.00; and for other purposes.

By Mr. Wall of Schley-
House Bill No. 522. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in Floyd, Berrien and Effingham, Schley, Sumter and Green Counties; to provide for compensation for the Clerk of the Board of Schley County; and for other purposes.

By Messrs. Wages and Brooks of Jackson-
House Bill No. 542. A bill to reduce the bond of the Sheriff of Jackson County; and for other purposes.

By Mr. Jones of Elbert-
House Bill No. 547. A bill to amend the Act abolishing the office of Tax Collector and Tax Receiver of Elbert County, and for other purposes.

By Mr. Sapp of Coffee-
House Bill No. 574. A bill to repeal an Act providing for additional compensation for the Tax Commissioner of Coffee County, and for other purposes.

By Mr. Moore of HaralsonHouse Bill No. 581. A bill to amend an Act consoli-

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JouRNAL OF THE SENATE,

dating the office of Tax Receiver and Tax Collector of Haralson County, and for other purposes.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 593. A bill to amend Acts of 1882-3, authorizing Commissioners of Chatham County to levy and collect taxes for certain purposes; to fix a definite limitation of 2U mills instead of an indefinite limitation of 50 per cent as now provided in said Act; and for other purposes.

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

By Senator Ennis of the 20th District-
Senate Resolution No. 81. A resolution amending the standing rules of the Senate relative to the limit of debate, and for other purposes.

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

By Senator Aultman of the 23rd District-
Senate Bill No. 155. A bill to reduce the bond of the Sheriff of Peach County from $10,000.00 to $3,500.00, and for other purposes.
The report of the committee, which_ was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator McCutchen of the 43rd District-
Senate Bill No. 183. A bill to amend the charter of the City of Dalton; to create a police department; and for other purposes.

THURSDAY, MARCH 4, 1937.

1403

Senator McCutchen of the 43rd District offered the following amendment to Senate Bill No. 183:
To amend Section 16 of said bill as follows:
By inserting the words "or banks" after the word "bank" wherever the word "bank" appears in said section, and by striking the letter "a" appearing before the words "City Depository" in line 5 of said section.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator McCutchen of the 43rd District-
Senate Bill No. 182. A bill to be entitled an Act to provide for the levying of a tax for the maintenance of public schools of Dalton; to fix the limit to be observed in the levying of such tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Moore of Haralson-
House Bill No. 181. A bill to create an independent school system for the City ofTallapoosa in Haralson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1404

JouRNAL OF THE SENATE,

On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Moore of Taliaferro-
Hause Bill No. 379. A bill to crea.te a new charter for Alexander Stephens Institute, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Edwards and Cochran of Thomas-
House Bill No. 429. A bill to amend the Code to authorize the Mayor and Council of Boston, Georgia, to sell and convey certain property for school purposes, and for other purposes.
The report of the committee, which was favorable to the pass~ge of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Barlow and Parker of Colquitt-
House. Bill No. 449. A bill to amend an Act to create a City Court in and for Colquitt County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.

THURSDAy, MARCH 4, 1937.

1405

The bill having received the requisite constitutional majority was passed.

By Mr. Warnock of Montgomery-
House Bill No. 463. A bill to create a Board of Commissioners of Roads and Revenues for Montgomery County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Striplin of Heard-
House Bill No. 470. A bill to amend the Act creating the office of Commissioner of Roads and Revenues of the County of Heard, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Smith, Leonard, and Elliott of Muscogee-
. House Bill No. 471. A bill to fix the amount of the bond of the Sheriff of Muscogee County at $3,000.00, to provide for increasing the same by the Judge of the Superior Court of Muscogee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.

1406

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Sapp of Coffee-
House Bill No. 476. A bill to create the office of Tax Receiver for Coffee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sapp of CoffeeHouse Bill No. 477. A bill to create the office of Tax
Collector for Coffee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sapp of Coffee-
House Bill No. 478. A bill to repeal an Act approved August 14, 1931, abolishing the offices of Tax Receiver and Tax Collector, and creating in lieu thereof the office of County Tax Commissioner of Coffee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, MARCH 4, 1937.

1407

By Mr. Hampton of Fannin-
House Bill No. 479. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin . County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Ragan of Pulaski-
House Bill No. 483. A bill to amend an Act to abolish the office of Treasurer of Pulaski County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gammage of Terrell-
House Bill No. 491. A bill to amend the charter of the City of Dawson, Georgia, so as to authorize the city council to regulate and control the streets of the City of Dawson for business purposes, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

1408

JouRNAL oF THE SENATE,

By Mr. Gammage of Terrell-
House Bill No. 492. A bill to amend the school laws of the City of Dawson, Georgia, so as to provide for compensation for members of the Board of School Commissioners, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sabados of Dougherty-
House Bill No. 537. A bill to amend the charter of the City of Albany, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.
A sealed communication from His Excellency, the Governor, was received through the Executive Secretary, Han. Downing Musgrove.

Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 1:00 P. M., to reconvene at 2:00P.M., and remain in session until otherwise ordered by the Senate. The consent was granted.

By Senators Flynt of the 26th District, Pope of the 7th .District, Allen of the 31st District, Atkinson of the 1st District, and others-
Senate Bill No. 47. A bill to create the positions of Chief Justice, and Associate Justices, Emeritus of the Supreme

THURSDAY, MARCH 4, 1937.

1409

Court and Court of Appeals of Georgia, and for other purposes.
The committee offered the following substitute for Senate Bill No. 47:
Committee Substitute for Senate Bill No. 47.

A BILL
To be entitled An Act to create an official body to be known as The Advisory Appellate Council of Georgia, to prescribeits duties, and the duties of those holding office as members thereof; to define the eligibility of persons for appointment to such positions; to prescribe the method of their appointment or selection, their term of office, and salary; to provide the number of persons who may constitute such Council, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that there is hereby created an official body to be known as the Advisory Appellate Council of Georgia.
Section 2. Be it further enacted that it shall be the duty of the said Advisory Appellate Council and its members to consult with and assist the Supreme Court and the Court of Appeals in framing and revising rules of appellate court practice and procedure and in performing any of the administrative duties of said courts, to the end of expediting the administration of justice, and also to give assistance in the solution of any legal questions pending before either of said courts; provided that they shall act only in an advisory capacity, and shall have no determining voice or vote in any of such matters, all of which shall be finally determined by said courts respectively, as now provided by law, according to their independent authority and judgment. It shall also be the duty of said Advisory Appellate Council and its members to consult with the 1\ttorney General and the assistants

1410

JouRNAL OF THE SENATE,

to the Attorney General upon legal matters when their service and consultation are requested, and consult with the committees of the General Assembly, and to furnish advice and information to said committees of the General Assembly upon questions of law when their advice and assistance are requested. They shall organize by electing such internal officers as they deem proper and for such periods as they may choose, proyided that the chief officers shall be known as Presfdent o(the Advisory Appellate Council of Georgia, and the other officers c9rrespondingly designa~ed. They shall meet as often as necessary at the State Capitol, and may ~n .the discharge of their duties have the services of any stenog- rapher of either of the appellate courts when available.

Section 3. Be it further enacted that no person shall be eligible to hold office as a member of said Advisory Appellate Council except persons who have attained the age of seventy years, and who have been in continuous service as judges for as long as fourteen years upon the Superior Court or the Court of Appeals or the Supreme Court, or partly upon any one or more of said courts, but with continuous unbroken judicial service for said period of foll_rteen years, including judicial service on the Court of Appeals or the Supreme Court, or partly on one and partly on the other, for a total period of four years next immediately preceding appointment to said Advisory Appellate Council; provided that any person who has attained an unbroken record of judicial service as defined above for a period of twenty-four years shall be eligible for such office, regardless of age; and provided further that a person may not become a member of such Council while holding any other office of profit or trust within the meaning of Section 89-101 (4) of the Code, but any member of the Court of Appeals or Supreme Court possessed of the other requisite qualifications shall be eligible and his acceptance of an appointment to said Advisory Appellate Council shall constitute his resignation or retirement from such court, and provided further that no person shall be eligible to hold office as a member of said Advisory

THURSDAY, MARCH 4, 1937.

1411

Appellate Council who shall have been defeated as a candidate for re-election in any primary or general election unless and until his eligibility is reestablished by subsequent continuous judicial service as defined in this Act.

Section 4. Be it further enacted by the authority aforesaid that the offices in said Advisory Appellate Council shall be filled only by appointment by the Governor, who is hereby authorized to appoint any person who is eligible therefor at any time; it being the intent and purpose of this Act that :said Advisory Appellate Council may consist at any time of :as many members as there are persons eligible. Each of such. members before entering upon the discharge of his duties shall take the oath required by law of public officers.

Section 5. Be it further enacted that each member of said Advisory Appellate Council shall be paid from the State Treasury an annual salary equal to two-thirds of the salary provided by law at the time of his appointment for members of the Court upon which he served last before appointment to such Advisory ~ppellate Council.

Section 6: Be it further enacted, that all persons appointed as members of said Advisory Appellate Council shall hold their offices for life, and shall be commissioned by the Governor accordingly.
Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senators Atkinson of the 1st District and Spiv.ey of the 16th District offered the following substitute for the committee substitute for Senate Bill No. 47:
Substitute to Senate Bill No. 47.
By Senators Atkinson of the 1st District and Spivey of the 16th District-

1412

JouRNAL OF THE SENATE,

A BILL
To be entitled An Act to create the positions of Chief Justice Emeritus, and Associate Justice Emeritus: To provide for the eligibility of persons for appointment to such positions; to provide for the method of appointment to such positions and salaries to those holding such positions and their tenure of office; to provide that such persons holding such positions shall constitute the Advi~ory Appellate Council of Georgia; to provide for its duties and the duties of those holding said positions; to provide that no person shall be appointed to a vacancy on the Supreme Court to succeed any member thereof who has resigned in order to take the benefits of this A<;t who is in excess of sixty years of age; to provide for the appointment of a Superior Court Judge to sit in the place of a Justice of the Court of Appeals, and, or, Supreme Court who is disqualified in a particular case; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, that there is hereby created the position of C_hief Justice Emeritus. No person shall be eligible to be appointed to said office except persons occupying the position of Chief Justice of the Supreme Court of Georgia, and who have attained the age of seventy years, and who have been in continuous service as Judges for more than ten years upon the Superior Court of the Court of Appeals, or the Supreme Court, or partly upon any one or more of sa~d Courts, but with continuous unbroken judicial service for ten years. The Governor shall appoint to such position anyone eligible under the provisions of this Act who shall advise the Governor in writing that he desires to resign from the position of Chief Justice and accept appointment as a Chief Justice Emeritus, and upon such appointment being made by the Governor the resignation shall automatically be effective. Chief Justice Emeritus shall receive an annual salary equal to twa-thirds of the salary provided by law for a Chief Justice of the Supreme Court at the time of the appointment of such Chief Justice Emeritus.

THURSDAY, MARCH 4, 1937.

1413

Section 2. Be it further enacted by the General Assembly of the State of Georgia, that there are hereby created the positions of Associate Justices Emeritus. No person shall be eligible to be appointed to said offices except persons occupying the position of Justices of the Supreme Court of Georgia, and who have attained the age of seventy years, and who have been in continuous service as Judges for more than ten years, upon the Superior Court or the Court of Appeals, or the Supreme Court, or partly upon any one or more of said courts, but with continuous unbroken judicial service for ten years. The Governor shall appoint to such positions anyone eligible under the provisions of this Act who shall advise the Governor in writing that he desires to resign from the position of Justice and accept appointment as Justice Emeritus, and upon such appointment b.eing made by the Governor, the resignation shall automatically be effective. The Justice Emeritus shall recei.ve an annual salary equal to twa-thirds of the salary provided by law for Justices of the Supreme Court at the time of the appointment of such Justices Emeritus.

Section 3. Be it further enacted that all persons appointed to any of the foregoing offices by this Act created shall hold for life.

Section 4. Be it further enacted that the Chief Justice Emeritus and the Associate Judge Emeritus, shall constitute the Advisory Appellate Council. It shall be the duty of the Advisory Appellate Council, and of its members, to consult with the Supreme Court and the Court of Appeals, and to advise and assist each of said Courts in the revision of the rules of practice of the said courts, in handling the administrative duties of the said courts, and generally in the performance of all duties now or hereafter placed upon said courts by law; provided, however, the Advisory Appellate Council and its members shall not participate, directly, or indirectly, in the decision of any cases coming before the said courts for decision. It shall also be the duty of the said

1414

JouRNAL OF THE SENATE,

Advisory Appellate Council to consult with the Attorney General and the Assistants to the Attorney General upon legal matters when their advice and consultation is requested. It shall further be the duty of the said Advisory Appellate Council to consult with committees of the General Assembly, and to furnish advice and information to said committees of the General Assembly upon questions of law when their advice and assistance is requested.

Section 5. Be it further enacted that there may be as many members of said council as there are at any one time persons previously appointed and serving on said council under this Act, added to the number otherwise eligible under this Act to be appointed.

Section 6. Be it further enacted that in the event any member of the Supreme Court shall resign his position under the provisions of this Act, the Governor's appointee to fill such vacancy, or vacancies, shall not be in excess of sixty years of age.
Section 7. Be it further enacted that in the event any Justice of the Supreme Court or Judge of the Court of Appeals shall be disqualified to sit upon any case pending in either of said courts, the Chi~f Justice of the Supreme Court shall be, and is hereby al).thorized, to nominate a Superior Court Judge or Judges of this State to sit upon such case or cases in such court, from time to time, and the judge or judges so nominated who shall be selected upon a majority vote of the Justices of the Supreme Court who are not disqualified shall sit upon such case or cases in the Supreme Court, or Court of Appeals, as the case may be.
Section 8. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed.
The substitute by Senators Atkinson and Spivey for the committee substitute to Senate Bill No. 47 was adopted.

THURSDAy) MARCH 4, 1937.

1415

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 34, the nays 6.
The bill having received the requisite constitutional majority was passed, by substitute.
Senator Thrasher of the 27th District asked unanimous consent that House Bill No. 455, a bill to create a Board of Commissioners of Roads and Revenues of Barrow County, be recommitted to the Committee on Counties and County Matters. The consent was granted.

By Senators Purdom of the 46th District, Kimbrough of the 25th District, Atkinson of the 1st Distrjct, Pope of the 7th District, Greer of the 13th District, and Terrell of the 19th District-
Senate Bill No. 128. A bill to amend Section 77-303 of the 1933 Code by increasing the salaries of the Prison Commissioners from $3,500.00 to $5,000,00, and for other purposes.
Senator Terrell of the 19th District asked unanimous consent that further consideration of Senate Bill No. 128 be postponed until Friday, March 5th, and made a special order of business for the day.
The consent was granted.

Senator Atkinson of the 1st District asked unanimous con'sent that Senate Bill No. 47 be immediately transmitted to the House and the consent was granted.

By Senator Knabb of the 4th District-
Senate Bill No. 87. A bill to amend the Banking Laws of the 1933 Code, Title 13, Section 13-2013, fixing the limit of

1416

JouRNAL OF THE SENATE,

loans which may be made by a bank, by specifying the kind of security which is to be required where loans exceed ten per cent of the capital and surplus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes wer:-e 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Millican of the 35th District-
Senate Bill No. 159. A bill to be entitled an Act to amend an Act amending an Act providing that certain cities shall furnish pensions to all officers and employees of such cities who have served for twenty-five years, now in active service, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Jackson of the 14th District asked unanimous consent that further consideration of Senate Bill No. 152, a bill regulating private banking in the State, be postponed until Tuesday, March 9th, and the consent was granted. .

By Messrs. Chappell of Sumter, Hart of Coweta, Lanham of Floyd, and Lewis of Burke-
House Bill No. 371. A bill to establish a committee on Interstate Co-operation; to provide for the manner of appointing or electing members of said committee; to prescribe the powers, duties and functions of said committee; and for other purposes.

THURSDAY, MARCH 4, 1937.

1417

Senator Millican of the 35th District offered the following amendment to House Bill No. 371:
To amend by adding a new section to be numbered Section 14 and to read as follows:

"Section 14. All laws or parts of laws in conflict with this Act, be and the same are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Millican of the 35th District asked unanimous consent that the Secretary of the Se~ate be authorized and instructed to have 100 copies of Senate Bill No. 133, relating to the Supervisor of Purchases, printed for the use of the members of the Senate. The consent was granted.

By Senator Pope of the 7th District-
Senate Bill No. 136. A bill to establish a Board of Photographic Examiners; to regulate and license photographers; and for other purposes.

Senator Pope of the 7th District offered the following amendments to Senate Bill No. 136:
To amend by adding to Section 1, Article 1 the following:
"That for the purposes of this Act the term "Itinerant non-resident photographer" is defined to be any person, firm or corporation, engaged in the business of going into and about the city or county soliciting orders through the sale of coupons, or otherwise, for portrait photographic

1418

JOURNAL OF THE SENATE,

work, enlargements or portraits, and tinted portraits whether in water colors or in oils, and not haying within this State a permanently established and bona fide place of business of at least one year standing before applying for the license permit to do business."
To amend Article 4, Section 4 by striking the words and figures $25 wherever they appear in said section and inserting in lieu thereof the words and figures $15 and by striking the words and figures $15 wherever same appear and inserting in lieu thereof the figures $7.50.
To amend by adding a new section to be numbered 10-A, as follows: "Provided the expenses of said Board shall not exceed the fees collected under this Act."
To amend by adding thereto a new section to be numbered 10-B, as follows:" All photographers shall submit a certificate from the Board of Health showing a negative Wasserman test when making application for license."
To amend by striking the first sentence of Section 10.
The amendments by Senator Pope were adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35~ the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Millican of the 35th District-
Senate Bill No. 146. A bill to amend Chapter 92-58, Title 92 of the 1933 Code of Georgia, so as to provide for additional duties of the Revenue Commission and its agents for the collection of taxes due the State for ad valorem taxes against property owned by delinquent or defaulting taxpayers, and for other purposes.

THURSDAY, MARCH 4, 1937.

1419

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Chason of the 8th District-
Senate Bill No. 149. A bill to amend Section 88-105 of the 1933 Code as to the salary of the Director of the Department of Public Health, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 6.
The bill having received the requisite constitutional majority was passed.
Senator Atkinson of the 1st District moved that the Senate do now consider the sealed communication from His Excellency, the Governor, and the motion prevailed.
Senator Atkinson of the 1st District moved that the Senate do now go into Executive Session, and the motion prevailed.
The President ordered the Senate cleared of all persons not entitled, under the rules, of the Senate to the floor during Executive Session.
The Executive Session was dissolved and the hour of 1:00 o'clock having arrived the President announced that the Senate stood recessed until 2:00 o'clock, P. M.
The hour of 2:00 o'clock, P. M., having arrived, the President called the Senate to order.

1420

JouRNAL OF THE SENATE,

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

By Messrs. Harris, Lanier, and Barrett of Richmond, and others-
House Bill No. 30. A bill proposing to the qualified voters of Georgia an amendment to the Constitution exempting certain personal property, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Mr. Cogdell of Glynn-
House Bill No. 44. A bill to repeal an Act providing for a secret and private ballot of Section 138 (8-21) of Michie's Code of 1926, applying to Glynn County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Edwards of Thomas-
House Bill No. 86. A bill making it unlawful for any person to sell, purchase, trade or barter certain animals in Georgia without giving and receiving Bill of Sale, and for other purposes.
Referred to Committee on Agriculture.

By Messrs. Houston and Perry of Worth, Parker of Colquitt, Peters of Meriwether, and Sutton of Wilkes-
House Bill No. 409. A bill to amend Section 5, pages 348-352 of the 1927 General Assembly, Act No. 314, Tuberculosis in Domestic Animals, providing for the control of certain infectious diseases, and for other purposes.
Referred to Committee on General Judiciary No. 1.

THURSDAY, MARCH 4, 1937.

1421

By Messrs. Sanders and Hart of Coweta-
House Bill No. 609. A bill to amend an Act creating a new charter for the City of Newnan, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Jones of Brantley-
Hause Bill No. 615. A bill to require the Commissioners of Roads and Revenues of Brantley County to establish and maintain roads over which school bus routes are located upon recommendation of the school trustees, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Jones of Brantley-
Hause Bill No. 616. A bill to require the Tax Commissioner of Brantley County to give bond of $15,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Sapp of CoffeeHouse Bill No. 621. A bill to repeal ~n Act to create a
Board of Commissioners of Roads and Revenues of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters

By Mr. Sapp of Coffee-
House Bill No. 622. A bill to create the office of Commissioners of Roads and Revenues of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Trippe and Mundy of PolkHouse Bill No. 624. A bill to repeal an Act amending an

1422

JouRNAL OF THE SENATE,

Act of 1898, amending and consolidating the several acts incorporating the City of Cedartown, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 631. A bill to amend an Act creating a Board of County Commissioners of Gwinnett, so as to change the pay of each Commissioner from three dollars per day to five dollars per day, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Harvey of Upson-
House Bill No. 632. A bill to amend the charter of the City of East Thomaston, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Harvey of Upson-
House Bill No. 634. A bill to amend the charter of the City of Thomaston, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Hogg of Marion-
House Bill No. 636. A bill to create a Board of Commissioners of Roads and Revenues for Marion County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Hogg of Marion-
House Bill No. 637. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Marion County, and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, MARCH 4, 1937.

1423

By Messrs. Lanier, Harris, and Barrett of Richmond, and others-
House Bill No. 26. A bill proposing an amendment to the Constitution exempting from ad valorem taxation homesteads not exceeding $2,500.00 in value, and for other purposes.
Referred to Committee on Amendments to the Constitution.

The following resolution of the Senate was read and adopted:

By Senators Phillips of the 29th District, Griner of the 45th

District, Purdom of the 46th District, Ennis of the 20th

District, Sutton of the 47th District, and Atkinson of

the 1st District~



Senate Resolution No. 83. A resolution requesting the State of Iowa Assembly to refuse to pass Senate Bill No. 150 now pending before the Iowa General Assembly, and for other purposes.

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

By Senator Spivey of the 16th District-
Senate Bill No. 157. A bill to amend an Act entitled "Highway Mileage," being known as the Traylor-Neill Bill, so as to add a road in Emanuel County to the map designated in said bill, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

1424

JouRNAL oF THE SENATE,

By Senators Knabb of the 4th District, Patten of the 6th

District, Atwood of the 2nd District, and Williams of

the 5th District-



Senate Bill No. 164. A bill to amend an Act of August 20, 1929, so as to authorize highway mileage in Clinch and Charlton Counties with the proper highway officials of Florida in construction of a highway from Fargo, Ga., to Jacksonville, Fla., and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senator Forrester of the 44th District-
Senate Bill No. 165. A bill to amend an Act designating Highway mileage, by adding to the system of State aid roads a certain road known as the Scenic Highway located in Walker and Dade Counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Thrasher of the 27th District and Almand of the 50th District-
Senate Bill No. 181. A bill to amend the Highway Mileage Act of 1929, pages 260-268, known as the Traylor-Neill Bill, by adding a road from Watkinsville to Lexington, and for other purposes.

THURSDAY, MARCH 4, 1937.

1425

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senator Harrell of the 12th District-
Senate Bill No. 158. A bill to prohibit the Board of County Commissioners of Roads and Revenues or the Ordinary or other governing authority of any county from creating any debt against the county which exceeds the anticipated revenue of the county of the year in which said debt is made, and for other purposes.
Senator Terrell of the 19th District asked unanimous consent that further consideration of Senate Bill No. 158 be postponed until Friday, February 5th, and that it be made a special and continuing order of business for the day. The consent was granted.
Senator Johnson of the 42nd District moved that the Senate do now go into Executive Session and the motion prevailed.
The President ordered the Senate cleared of all persons not entitled, uhder the rules, to sit in attendance at an Executive Session.
The following communication was transmitted by the Secretary of the Senate to His Excellency, the Governor:

1426

JouRNAL OF THE SENATE,

March 4, 1937.

HoNoRABLE E. D. RJVERs, Governor of Georgia, Executive Department.

My Dear Go11ernor:
Conforming with the rules of the Senate governing executive sessions, I beg leave to report that your nominations made to the Senate this date were confirmed as follows:
Hon. A. L. Miller to be Judge of the City Court of Morgan for a term beginning October 2, 1936, and expiring October 2, 1940; and Hon. J. M. Cowart to he Solicitor of the City Court of Morgan, for a term beginning October 2, 1936, and expiring October 2, 1940, were this day confirmed by the State Senate, the vote being 48 to 0.
Hon. W. L. Miller, to be Chairman of the State Highway Board of Georgia for a term beginning March 3, 1937, and expiring February 1, 1943; Hon. Jim L. Gillis to he a member of the State Highway Board of Georgia for a term beginning March 3, 1937, and expiring February 1, 1943; Hon. Herman H. Watson to he a member of the State Highway Board of Georgia for a term beginning March 3, 1937, and expiring February 1, 193g, were this day confirmed by the State Senate, the vote being 49 to 0.
Hon. T. Grady Head to he a member of the State Revenue
Commission for the unexpired term of H. H. Watson, expiring December 31, 1932, was this day confirmed by the State Senate, the vote being 35 to 0.
Hon. Colquitt Finley to be Judge of the City Court of Cartersville for the unexpired term ofHon. J as. R. Whitaker, expiring Oct 1, 1937, and for the term beginning Oct. 20,

THURSDAY, MARCH 4, 1937.

1427

1937, and expiring Oct. 19, 1941, was this day confirmed by the State Senate, the vote being 36 to 0.
With highest regards, I am, Sincerely yours, JoHN W. HAMMOND, Secretary Georgia Senate.

The Senate was called to order.

The following bills and resolutions of the House and Senate were read the third time, and put upon their passage:
By Mr. Evans of McDuffie-
Hause Resolution No. 17. A resolution to designate and name the Thomas E. Watson Highway, and for other purposes.

Senator Burrell of the 40th District offered the following amendment to House Resolution No. 17:
By adding thereto a new paragraph immediately before the repealing clause, to read as follows:
"Be it further resolved that whereas oneofGeorgia's most distinguished sons, the late Honorable Logan E. Bleckley, who was a son of Rabun County, and who brought great honor and renown to his native State because of his great ability, learning, wisdom and fairness as a jurist and as a man, was born in Rabun County, that all of the aforesaid highway and route which passes through Rabun County be designated as the Thomas E. Watson Highway and as the Logan E. Bleckley Highway, so that said Highway in Rabun County shall commemorate the lives and deeds of both these great Georgians."
The amendment was adopted.
The report of the committee, which was favorable to the

1428

JouRNAL OF THE SENATE,

passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 27, the nays 0.
The resolution having received the requisite constitutional majority was adopted, as amended.

By Messrs. McCracken of Jefferson and Batchelor of Putnam-
House Bill No. 260. A bill to amend Section 42--202 of the Georgia Code of 1933, relating to the registration of feeding stuff with the Commissio1;1er of Agriculture by providing more fully the manner of such registration, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Atkinson of the 1st District-
Senate Bill No. 160. A bill to amend" the several Acts creating and relating to the Municipal Court of Savannah, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays O:
The bill having received the requisite constitutional rna.jority was passed.

By Messrs. McCracken of Jefferson and Batchelor of Putnam-
House Bill No. 259. A bill to amend Section 42--207 of

THURSDAY, MARCH 4, 1937.

1429

the Georgia Code of 1933, relating to penalties for selling damaged feeding stuff, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Cochran of Thomas and Bargeron of Burke-
House Bill No. 274. A bill to amend an Act approved March 26, 1935, providing marketing regulations for eggs, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 1.
The bill having received the requisite constitutional majority was passed.

By Mr. Hodges of Liberty-
House Bill No. 408. A bill to amend an Act approved March 12, 1935, Acts 1935, page 717, etc., by striking a portion of paragraph 5 of said Act, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Atkinson of the 1st District-
Senate Bill No. 170. A bill to amend Section 93-205 of the 1933 Code providing for the suspension of the Public

1430

JouRNAL oF THE SENATE,

Service Commissioners by the Governor, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following privilege resolutions were read and adopted:

By Senators Williams of the 5th District and Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon. John W. Bennett, Sr., a former member of the Senate from the 5th District.

By Senator Millican of the 35th District-
A resolution extending the privileges of the floor to Hon.
D. F. McClatchey, son of the former beloved Secretary of
the Senate.

By Senator Harrell of the 12th District-
A resolution extending the privileges of the floor to Pro-
fessor F. R. Hobb of Stewart County.

By Senator McCutchen of the 43rd District-
A resolution extending the privileges of the floor to Hon. Isaac Adams, attorney of Dalton, Ga.

Senator Neely of the 36th District moved that the Senate do now adjourn.
The motion prevailed.
The President announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A. M.

FRIDAY, MARCH 5, 1937.

1431

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, MARCH 5, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Aultman of the 23rd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following the first part of the period of unanimous consents today:
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..

JOURNAL OF THE SENATE,
4. First reading and reference of House hills and resolutions.
5. Special orders.
6. Putting on their passage general and local House and Senate hills and resolutions ready for third reading.
The consent was granted.
The following resolution of the Senate was read and adopted:
By Senators Atkinson of the 1st District, Flynt of the 26th District, Pruett of the 32nd District:, Harrell of the 12th District, Shannon of the 21st District, Johnson of the 42nd District, Burgin of the 24th District, Ennis of the 20th District, Lindsay of the 34th District, and oth.ers-
Senate Resolution No. 84.
A RESOLUTION
Whereas, during the past year Georgia has lost one of her noblest sons and most faithful servants in the passing on April 9, 1936 of the late Devereaux F. McClatchey, affectionately known as "Mac" to his thousands of friends throughout the state, and
Whereas, Mr. McClatchey served as Secretary of the Senate for 14 years, from 1915 to 1929, and previous to 1915 had served for 16 years as Reading Clerk of the House of Representatives, in both of which capacities his talent and efficiency were unexcelled, and
Whereas, "Mac's" genial personality, generous heart, and love for his fellowman endeared him to all whose lives he touched, and

FRIDAY, MARCH 5, 1937.

1433

Whereas, his services to the state over a period of 30 years were an invaluable contribution to the work of the General Assembly and the progress of the state,

Now therefore be it resolved by the Senate, the House of Representatives concurring, that the General Assembly express to the family of the late Devereaux F. McClatchey our heartfelt sympathy at the loss they have sustained, which has also been a great loss to the State of Georgia which he served so faithfully and well.
Be it further resolved that this body observe a period of three minutes silence out of respect to the memory of this great man, and that a copy of this resolution be sent to the surviving family.
In accordance with the above resolution, the Senate observed a period of three minutes silence.

Senator Pope of the 7th District asked unanimous consent that the Secretary of the Senate be authorized and instructed to correct any and all typographical errors in Senate Bill No. 136, known as the Photographers License Act. The consent was granted.

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

By Senator Patten of the 6th District-
Senate Bill No. 198. A bill to amend Section 32-1008 of the 1933 Code relating to the removal of county schools superintendents, and for other purposes.
Referred to Committee on Education and Public Schools.

Senator Aultman of the 23rd District, Chairman of the Committee on Game and Fish, submitted the following report:

1434

JouRNAL oF THE SENATE,

Mr. President: Your Committee on Game and Fish has had under con-
sideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 180.
Respectfully submitted,
AuLTMAN, Chairman.

Senator Sammons of the 51st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President: Your Committee on Insurance has had under considera-
tion the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 385 do pass, as amended.
Senate Bill No. 5 do not pass.
Respectfully submitted,
SAMMONS, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the

FRIDAY, MARCH 5, 1937.

1435

Senate with the recommendation that t~e same do pass: House Bill No. 564. Respectfully submitted, LINDSAv, Chairman.

Senator Peebles of the 18th District, Chairman of. the Committee on Municipal Government, submitted the following report:

Mr. President: Your Committee on Municipal Government has had
under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 591.
House Bill No. 543.
House Bill No. 563.
House Bill No. 592.
Respectfully submitted,
PEEBLES, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to

1436

JouRNAL oF THE SENATE,

the Senate with the recommendation that the same do pass:
House Bill No. 636. House Bill No. 637. House Bill No. 44. House Bill No. 615. House Bill No. 616. House Bill No. 631.
Respectfully submitted, JACKSON, Chairman.

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

By Senator Brock of the 37th District-
Senate Bill No. 180. A bill to regulate the hunting and killing of fox in Georgia; authorizing the Director of Wild Life to open and close seasons for hunting fox in certain counties of the State, and for other purposes.

The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Cogdell of Glynn-
House Bill No. 44. A bill to repeal an Act providing for a secret and private ballot of Section 138 (8-21) of Michie's Code of 1926, applying to Glynn County, and for other purposes.

By Mr. Welsch of Cobb-
House Bill No. 385. A bill to amend an Act (Ga. Laws, 1935, page 149) pertarning to deposits required of fire,

FRIDAY, MARCH 5, 1937.

1437

.marine and inland insurance companies by adding and including the word "casualty," and for other purpbses.

By Messrs. Kendrick and Hastings and Mrs." Mankin of Fulton-
House Bill No. 563. A bill to amend the charter of the City of College Park, Fulton County, and for other purposes.
By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 564. A bill to amend an Act establishing the Municipal Court of Atlanta, DeKalb Section, and for other purposes.

By Mr. Fowler of Tre.utlen-
House Bill No. 591. A bill to amend an Act creating a new charter for the City of Soperton; to create the office of Recorder of said city, and for other purposes.
By Messrs. Smith and Jones of DodgeHouse Bill No. 592. A bill to create a new charter for
the City of Eastman, and for other purposes.

By Mr. Jones of Brantley-
House Bill No. 615. A bill to require Commissioners of Roads and Revenues of Brantley County to establish and maintain certain roads over which school bus routes are located, and for other purposes.

By Mr. Jones of BrantleyHouse Bill No. 616. A bill to require the Tax Commis-
sioner of Brantley County to give bond of $15,000.00, and for other purposes.
By Messrs. Allison and Tapp of GwinnettHouse Bill No. 631. A bill to amend an Act creating a

1438

JouRNAL oF THE SENATE,

Board of County Commissioners of Gwinnett County so as to change the pay of Commissioners from three dollars to five dollars per day, and for other purposes.

By Mr. Hogg of Marion-
House Bill No. 636. A bill to create a Board of Commissioners of Roads and Revenues for Marion County, and for other purposes.

By Mr. Hogg of Marion-
House Bill No. 637. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Marion County, and for other purposes.

By Messrs. Milam and Harris of Spalding-
House Bill No. 543. A bill to amend an Act of 1921, pages 959-992, revising the Acts amending the charter of the City of Griffin, and for other purposes.

Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 128, a bill increasing the salaries of the Prison Commissioners, be postponed until Monday, March 8th, and made a special and continuing order of business for the day. The consent was granted.

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

By Senator Johnson of the 42nd District-
Senate Bill No. 153. A bill to amend Section 92-5001 of the 1933 Code which fixes the rate on tax fi. fas. at seven per cent per annum from December 20th of each year, by fixing said rate at four per cent, and for other purposes.

Senator Johnson of the 42nd District asked unanimous consent that further consideration of Senate Bill No. 153 be

FRIDAY, MARCH 5, 1937.

1439

postponed until Monday, March 8th, and made a special order for the day. The consent was granted.

By Senator Harrell of the 12th District-
Senate Bill No. 158. A bill to prohibit the Board of County Commissioners of Roads and Revenues or the Ordinary or other governing authority of any county from creating any debt against the county which exceeds the anticipated revenue of the county of the year in which said debt is made, and for other purposes.

Senator Harrell of the 12th District moved that Senate Bill No. 158 be tabled and the motion prevailed.

Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 133, a bill to prescribe the duties and authority of the Supervisor of Purchases, be postponed until Monday, March 8th, and made a special order of business for the day. The consent was granted.

By Senator Burrell of the 40th District-
Senate Bill No. 178. A bill to create a Board of Commissioners of Roads and Revenues for Towns County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Millican of the 35th District-
Senate Resolution No. 79. A resolution authorizing and directing the county authorities to reimburse W. W. Wilson, of Fulton County, the sum of $2,550.00 for monies paid out under bond forfeitures, and for other purposes.

1440

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Mr. Musgrove of Clinch-
House Resolution No. 133. A resolution authorizing the Clinch County Commissioners to pay certain sums of money.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Mr. Williams of Bacon-
House Bill No, 364. A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues of Bacon County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cogdell of Glynn-
House Bill No. 375. A bill to amend the Act which created the City Court of Brunswick, and for other purposes.

FRIDAY, MARCH 5, 1937.

1441

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Smith and Jones of Dodge-
House Bill No. 486. A bill to amend an Act creating the office of Tax Commissioner in and for the County of Dodge by increasing the salary from $2500 to $3600, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was _agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Wall of Schley-
House Bill No. 522. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, etc., so as to prOvide for compensation for the clerk of the board of commissioners of Schley County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Wages and Brooks of Jackson-
House Bill No. 542. A bill to reduce the official bond of the Sheriff of Jackson County, Georgia, and for other purposes.

1442

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Jones of Elbert-
House Bill No. 547. A bill to amend the Act abolishing the offices of Tax Collector and Tax Receiver 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 the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sapp of Coffee-
House Bill No. 574. A bill to repeal an Act providing for additional compensation for the Tax Commissioner of Coffee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Moore of Haralson-
House Bill No. 581. A bill to amend an Act to consolidate the office of Tax Receiver and Tax Collector in Haralson County, and for other purposes.

FRIDAY, MARCH 5, 1937.

1443

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
- The bill having received the requisite constitutional majority was passed. .

By Senator Lindsay of the 34th District-
Senate Bill No. 179. A bill to provide for the annual interest on the debt due by the State to the University of Georgia referred to in Article 8, Section 6, Paragraph 1, of the State Constitutions, to make an annual appropriation to the payment of said interest, specifying amount thereof, and for other purposes.

Senator Lindsay of 'the 34th District moved that Senate Bill No. 179 be tabled and the motion prevailed.

By Senator Millican of the 35th District-
Senate Bill No. 188. A bill to amend an Act cr~ating the Board of Commissioners of Roads and Revenues of Fulton County, so as to provide for the recall of members of the Board of County Commissioners, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Allen of the 31st District-
Senate Bill No. 113. A bill to amend the Code of 1933 by providing that the amount of capital stock of a bank located in a county which has no adequate banking facilities shall not be less than $15,000.00, and for other purposes.

1444

JOURNAL OF THE SENATE,

The committee offered the following substitute, as amended, for Senate Bill No. 113:

A BILL
To be entitled an Act to amend an Act entitled "An Act to amend the Banking Laws" as codified in Title 13, Section 13-901, Paragraph 3, of the Georgia Code of 1933, relating to the incorporation of banks, appearing on page 101-103 of Georgia Laws of 1935, by substituting the figures "3500'' in place of the figures "2500" wherever they appear in Section 1 of the said Act appearing on page 102 of Georgia Laws of 1935 and by extending the time in which banks in certain size cities of Georgia may be incorporated with a capital stock in the amount of $15,000.00, and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Act to amend an Act entitled "An Act to amend the Banking Laws" as codified in Title 13, Section 13-901, Paragraph 3, of the Georgia Code of 1933, appearing on page 101-103 of Georgia Laws of 1935, be and the same is hereby amended by striking the figures "2500" wherever they appear in Section 1 of the said Act appearing on page 102 of Georgia Laws of 1935 and by substituting in lieu thereof the figures "3500", so that Paragraph 3 of Section 1 of the Act appearing on page 102 of Georgia Laws of 1935, when amended, shall read as follows:
"3. The amount of its capital stock which shall not be less than $25,000 where located in a town or city whose population does not exceed 7,500 according to the last preceding census of the United States, and not less than $50,000 where located in a city or town whose population exceeds 7,500 according to said census: Provided further that banks may be chartered for a period of one year after the passage of this Act in towns, the population of which does not exceed 3,500 according to the last preced-

FRIDAY, MARCH 5, 1937.

1445

ing census of the United States, with a minimum capital of not less than $J5,000. Provided also that any bank now located in a town whose population does not exceed 3,500 according to the last preceding census of the United States, and having a capital of $25,000 or more, may, within a period of one year from the date of the passage of this Act, reduce their capital to $15,000 by amending their charter."

Section 2. The terms of this Act shall be construed to mean, when referring to a period of one year from the date of the passage of this Act, one year from the date of the passage of this amendatory Act.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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 passage of the bill, by substitute, as amended, the

ayes were 35, the nays 0.



The bill having received the requisite constitutional majority was passed by substitute, as amended.

Senator Atkinson of the 1st District moved that the Senate recess for 15 minutes and the motion prevailed.
The President called the Senate to order.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:

1446

JouRNAL oF THE SENATE,

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 358. A bill to be entitled an Act to require candidates in primary elections for members of the General Assembly in Sumter County to specify incumbent which they desire to oppose, and for other purposes.

By Messrs. Peters and McGraw of Meriwether-
Hause Bill No. 378. A bill to require candidates in primary elections for members of the General Assembly to specify incumbent which they desire to oppose, in Meriwether County, and for other purposes.
By Messrs. Phillips and Palmour of Hall-
House Bill No. 423. A bill to amend an Act establishing the City Court of Hall County.

By Messrs. Leonard, Elliott, and Smith of MuscogeeHouse Bill No. 452. A bill to repeal an Act approved
August 4, 1917, entitled an Act to require all political parties in Muscogee County to nominate their candidate for county officers by primary elections, and for other purposes.
By Mr. Newton of Toombs-
Hause Bill No. 508. A bill to amend an Act establishing the City Court of Lyons so as to give said City Court of Lyons jurisdiction in civil cases where the principal sum claimed is less than $100.00, and for other purposes.
By Mr. McCravey of Union-
House Bill No. 595. A bill to establish the City Court of Blairsville, and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 604. A bill to fix the salaries of the Judges of the Municipal Court of Atlanta, and for other purposes.

FRIDAY, MARCH 5, 1937.

1447

By Mr. Grubbs of Crisp-
House Bill No. 625. A bill to amend the charter of the City of Cordele, and for other purposes.

By Messrs. Grayson, Cohen; and McNall of Chatham-
House Bill No. 641. A bill to amend the charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 647. A bill to amend the charter of the City of Hapeville, and for other purposes.

By Mr. Whitaker of Clayton-
House Bill No. 648. A bill to establish the City Court of Jonesboro, and for other purposes.

By Mr. Wilson of Murray-
House Bill No. 649. A bill to amend the charter of the City of Chatsworth, and for other purposes.

By Mr. Howard of Chattahoochee-
House Bill No. 650. A bill to repeal an Act approved August 5, 1913, and all Acts amendatory thereto, creating a Board of Commissioners of Roads and Revenues for the County of Chattahoochee, and for other purposes.
The House has agreed to Senate Amendment No. 1, as amended, and Senate Amendments Nos. 2, 3, and 4 of the following bills of the House:

By Mr. Cogdell of GlynnHouse Bill No. 159. A bill to be entitled an Act to

1448

JouRNAL oF THE SENATE,

create a Department of Natural Resources, and four subdivisions thereof; to provide for the control and management of said department, and for other purposes.
House Bill No. 159, a bill to create a Department of Natural Resources, was taken up for the purpose of considering the following House amendment to the Senate amendment thereto:

By Mr. Elliott of Muscogee-
To amend the Senate amendment to House Bill No. 159 referring to Section 2 thereof by striking the figure 2 wherever the same appears and inserting in lieu thereof the following: "9, sub-section 2".
The Senate agreed to the House amendment to the Senate amendment to House Bill No. 159.

Senator Purdom of the 46th District asked unanimous consent that Senate Bill No. 171, a bill to regulate the practice of Naturopathy, be recommitted to the committee on State of the Republic and the consent was granted.

Senator Pope of the 7th District asked unanimous consent that the following bills of the House be withdrawn from the Committee on Amendments to the Constitution, read the second time, and recommitted to the Committee on Amendments to the Constitution:

By Messrs. Harris, Lanier, and Barrett of Richmond-
House Bill No. 26. A bill proposing an amendment to the Constitution exempting ad valorem taxation of homesteads not exceeding the value of $2500.00, and for other purposes.

By Messrs. Harris, Lanier, and Barrett of RichmondHouse Bill No. 30. A bill proposing an amendment to

FRIDAY, MARCH 5, 1937.

1449

the Constitution exempting certain personal property from taxation, and for other purposes.
The consent was granted, the bills read a second time, and recommitted to the Committee on Amendments to the Constitution.

The following privilege resolutions were read and adopted:

By Senators Whitehead of the 30th District and Allen of the 31st District...:.._
A resolution extending the privileges of the floor to Han. T. S. Mason, a former member of the Senate from the 30th District.

By Senators Forrester of the 44th District, Atkinson of the 1st District, and Johnson of the 42nd District-
A resolution extending the privileges of the floor to Mrs.
R. S. Townsend, First Lady of Dade County.

Senator Pope of the 7th District moved that the Senate do now stand adjourned until Monday morning at 10:00 o'clock, A. M.

The motion prevailed.

The President announced that the Senate stood adjourned until Monday, March 8th, at 10:00 o'clock, A. M.

1450

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, MARCH 8, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Hon. C. A. Lanier led the Senate in singing.
Prayer was offered by the acting Chaplain.
Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found to be in order.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.
The Journal was confirmed.
Senator Millican of the 35th 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 of new matter under the rules.
2. Reports of standing committees.
3. Second reading of Senate and House bills and resolutions favorably reported.

MoNDAY, MARCH 8, 1937.

1451

4. First reading and reference of House bills and resolutions.
5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.

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

By Senator Atkinson of the 1st District-
Senate Bill No. 199. A bill to amend the charter of the Town of Thunderbolt, Chatham County, so as to increase the extent of the corporate limits of said town, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Jones of the 38th District-
Senate Bill No. 200. A bill to amend the Motor Common Carriers Act of 1931 for the purpose of clarifying the definition of common carriers by motor vehicles, and for other purposes.
Referred to Committee on Motor Vehicles.

By Senator Griner of the 45th District-
Senate Bill No. 201. A bill to relieve owners of motor vehicles from liability to guests or accommodation passengers for injuries sustained while riding therein, and for other purposes.
Referred to Committee on Motor Vehicles.
The following bills of the House were read the first ttme and referred to the committees:

1452

JouRNAL oF THE SENATE,

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 358. A bjll to require candidates in primary elections for members of the General Assembly in Sumter County to specify incumbent which they desire to oppose, and for other purposes.
Referred to Committee on Privileges and Elections.

By Messrs. Peters and McGraw of Meriwether-
Hause Bill No. 378. A bill to require candidates in primary elections for members of the General Assembly in Meriwether County to specify incumbent which they desire to oppose, and for other purposes.
Referred to Committee on Privileges and Elections.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 423. A bill to amend an Act establishing a City Court in Hall County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Leonard, Elliott, and Smith of Muscogee-
House Bill No. 452. A bill repealing an Act of August 4, 1917, requiring all political parties in Muscogee County to nominate their candidates for county office, by primary elections, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Newton of Toombs-
Hause Bill No. 508. A bill to amend an Act of August 27, 1931, establishing the City Court of Lyons, so as to give said court jurisdiction in civil cases where the principal sum claimed is less than $100.00, and for other purposes.
Referred to Committee on Municipal Government.

MoNDAY, MARCH 8, 1937.

1453

By Mr. McCravey of Union-
House Bill No. 595. A bill to establish the City Court of Blairsville, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 604. A bill to fix the salaries of the Judges of the Municipal Court of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Grubbs of Crisp-
House Bill No. 625. A bill to amend the charter of the City of Cordele, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Grayson, Cohen, and MeNall of Chatham-
House Bill No. 641. A bill to amend the charter of the Mayor and Aldermen of Savannah, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 647. A bill to amend the charter of the City of Hapeville, and for other pur;poses.
Referred to Committee on Municipal Government.

By Mr. WhitakerofClaytonHouse Bill No. 648. A bill to establish the City Court
of Jonesboro, Clayton County, and for other purposes.
Referred to Committee on Counties and County Matters.

1454

JouRNAL oF THE SENATE,

By Mr. Wilson of Murray-
House Bill No. 649. A hill to amend the charter of the City of Chatsworth so as to empower the city to own property outside its corporate limits, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Howard of Chattahoochee-
House Bill No. 650. A hill to repeal an Act of August 5, 1913, and all Acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues of Chattahoochee County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Simmons of Decatur and Dugas of White-
House Bill No. 5. A hill to amend Title 92, Chapter 92-14, of the 1933 Code, so as to provide laws and regulations for collecting motor fuel tax, etc., and for other purposes.
Referred to Committee on Finance.

By Messrs. Ennis and Moore of BaldwinHouse Bill No. 598. A hill to fix the bond of the Sheriff
of Baldwin County at $3,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.

The following hill of the Senate, having been set as a special order of business for today, was read the third time and put upon its passage:

By Senator Millican of the 35th District-
Senate Bill No. 133. A hill to amend Section 40-1901 and Section 40-1902 of the 1933 Code to prescribe the duties and authority of the Supervisor of Purchases; to create a State Purchasing Board; and for other purposes.

MoNDAY, MARCH 8, 1937.

1455

Senator Millican of the 35th District asked unanimous consent that Senate Bill No. 133 be considered section by section by the Senate, and the consent was granted.
The committee offered the following amendments:
Amend Senate Bill No. 133, Section 2, sub-section F, by adding after the word "classes" in line 29 the following:
"and for the purpose of making effective this Act, Chapter 90-1 of the Code of. 1933 be and the same is hereby repealed.''
Amend Senate Bill No. 133, Section 4, line 1, by striking the words "State Auditor" and inserting in lieu thereof . "State Treasurer, Chairman Highway Board, Secretary of State."
Amend Senate Bill No. 133, Section 4 at the end of said section by adding the following:
"Three members of said board shall constitute a quorum."
Amend Senate Bill No. 133, Section 8, by striking out all of Section B and inserting in lieu thereof the following:
"(b) Live stock for slaughter, and perishable articles such as fresh vegetables, fresh meats, fish and oysters, butter, eggs, poultry and milk. Provided, no other article shall be considered perishable within the meaning of this clause, unless so classified by the Supervisor of Purchases, with the approval of the State Purchasing Board."
Further amend Section 8 by adding a new sub-section to be known as (c) and reading as follows:
"(c) Emergency supplies of drugs, chemicals and sundries, dental supplies and equipment. In the purchasing of emergency supplies under this paragraph it shall be the duty of the department making said purchases to report same to the Supervisor of Purchases, giving the circumstances necessitating such purchases."

1456

JouRNAL oF THE SENATE,

Amend Senate Bill No. 133 by striking in its entirety Section 14 and inserting in lieu thereof a new section to be known as Seetion 14 and reading as follows:

Section 14. It shall be the duty of the Governor to appoint a standardization committee to consist of seven members as follows: The Director of Purchase and Contract, who shall be chairman of said Committee; an engineer from the State Highway Commission to be appointed by the Governor upon the recommendation of the Chairman of the State Highway Commission; a representative of the State educational Institutions to be appointed by the Governor, a representative of the State Departments to be appointed by the Governor, a representative of the State charitable and correctional institutions to be appointed by the Governor, and two members of the General Assembly to be designated by the Governor. Four members of said committee shall constitute a quorum for the transaction of business, or the performance of any duties imposed upon the committee by this Act. The committee shall meet at such time, or times, as it shall by rule or regulation prescribe, but it may meet at other times at the call of the Chairman. The committee shall keep official minutes and such minutes shall be open to public inspection. It shall be the dutv of the Standardization Committee to formulate, adopt, establish, and/or modify standard specifications applying to State contracts. In ~he formulation, adoption and/or modification of any standard specifications, the Standardization Committee shall seek the advice, assistance and cooperation of any State department, institution or agency to ascertain its precise requirements in any given commodity. Each specification adopted for any commodity shall insofar as possible satisfy the requirements of the majority of the State departments, institutions or agencies which use the same in common. After its adoption each standard specification shall until revised or rescinded apply alike in terms and effect to every State purchase of the commodity described in such specifications.

MoNDAY, MARCH 8, 1937.

1457

In the preparation of any standard specifications the Standardization Committee shall have power to make use of any State laboratory for chemical arid physical tests in the determination of quality.
Amend Senate Bill No. 133 by adding a new section to be known as Section 20 and reading as follows:
"This Act shall take effect from and after its passage and approval by the Governor."
The committee amendments were adopted.

Senator Millican of the 35th District offered the following amendment:
To amend Senate Bill No. 133, the caption thereof, line 25, by striking the words "to provide for the termination of contracts already in existence" and substituting in lieu thereof the following:
"to provide for the continuation of coptracts already in existence.''
The amendment was adopted.

Senator Millican of the 35th District offered the following amendment:
. To amend Senate Bill No. 133, Section 1, by adding after the word "governor" the words " and confirmed by the Senate."
The amendment was adopted.

Senator Flynt of the 26th District offered the following

amendment:



To amend Senate Bill No. 133, Section 6, line 30 of printed bill, by striking the word" may" and substituting the word "shall."
The amendment was adopted.

1458

JouRNAL oF THE SENATE,

Senator Lindsay of the 34th District offered the following amendment:
To amend Section 8 of Senlil,te Bill No. 133 as follows:
"Provided, however, nothing in this Act shall be construed to give to the Purchasing Agent any supervision over the selection or purchase of school text-hooks which is, by law, vested in the Department of Education."
The amendment was adopted.

Senator Millican of the 35th District offered the following amendment:
To amend Senate Bill No. 133 by striking all of Section 16 and substituting in lieu thereof the following to be known as Section 16:
"Be it further enacted by the authority aforesaid that nothing contained in this Act shall be construed to interfere with contracts in existence at the time of the approval of this Act, which have been entered into by the Supervisor of Purchases, which contracts shall continue in effect until their expiration."
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 40, the nays 1.
The bill having received the requisite constitutional majority was passed, as ~mended.

The following bill of the Senate, having been set as a special order of business for today, was taken up for consideration:

MoNDAY, MARCH 8, 1937.

1459

By Senators Purdom of the 46th District, Kimbrough of the 25th District, Atkinson of the 1st District, Pope of the 7th District, Greer of the 13th District, and Terrell of the 19th District-
Senate Bill No. 128. A hill to amend Section 77-303, the Georgia Code of 1933, relating to the salaries of the prison commissioners of Georgia, which provides that "The commissioners shall receive as salaries the sum of $3,500 each per annum, by striking from said Section 77-303 the figures '$3,500' and by inserting in lieu thereof the figures '$5,000,' " and for other purposes.

Senator Aultman of the 23rd District offered the following amendment to Senate Bill No. 128:

To amend by striking the figures "$5,000.00" wherever such figures appear in the caption and all sections of said hill, and substituting in lieu thereof the figures "$4,000.00."

The amendment was adopted.

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

On the passage of the bill, as amended, the ayes were 39,

the nays 3.



The hill having received the requisite constitutional majority was passed, as amended.

The following bill of the Senate having been set as a special order of business for today was taken up for consideration:

By Senator Johnson of the 42nd District-
Senate Bill No. 153. A hill to amend Code Section 92-5001 of the Georgia Code of 1933 which fixes the interest rate on tax fi. fas. at seven per cent per annum from December 20th of each year, by fixing said rate at four per cent, and for other purposes.

1460

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 8, the nays 32.
The bill having failed to receive the requisite constitutional majority was lost.
The A Chappalla Choir of Milledgeville at this time rendered a musical program.
The President expressed the gratitude of the Senate to the members of the A Chappalla Choir and their conductor for the beautiful program.

Senator Lindsay of the 34th District moved that the Senate go into Executive Session for the purpose of considering a sealed communication from His Excellency, the Governor, and the motion prevailed.

Senator Lindsay of the 34th District asked unanimous consent that when the Executive Session dissolve that the Senate stand recessed until 2:00 o'clock, P. M., at which time it reconvene and remain in session until otherwise ordered by the Senate. The consent was granted.
The President ordered t,he galleries and floor of the Senate cleared of all persons not entitled to floor under the rules governing the Executive Session.

The following communication was transmitted by the Secretary of the Senate to His Excellency, the Governor:

HoN. E. D. RIVERS,

March 8, 1937.

Governor of Georgia,

Executive Department.

My Dear Governor Rivers: In conformity with the rules of the Senate I beg leave to

MoNDAY, MARCH 8, 1937.

1461

report that the following nomination sent by you to the Senate today:
."Hon. Joe D. Mitchell, of the County of Ware, be, and he is hereby appointed Director of Wild Life for a term of four years, beginning March 6, 1937"
was this day confirmed by the Senate, the vote being 48 to 0.
With high esteem, I am
Sincerely yours, JoHN W. HAMMOND, Secretary of the State Senate.
The President announced that the Senate stood recessed until 2:00 o'clock, P. M., this day.
The hour of 2:00 o'clock, P.M., having arrived, the President called the Senate to order.

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 and/or Senate, tO-wit:

By Messrs. Simmons of Decatur and Dugas of White-
House Bill No. 5. A bill to be enti tied an Act to amend Title 92 ("Public Revenue") ("Motor Fuels") ("Sources of Revenue") ("Motor Fuel Tax Law"), etc., to provide laws and regulations for collecting motor fuel tax, etc., and for other purposes.

By Senators Atkinson of the 1st District, Flynt of the 26th District, and many others-
Senate Resolution No. 84. A resolution extending the

1462

JouRNAL OF THE SENATE,

sympathy of the General Assembly to the family of the late Devereaux F. McClatchey over his untimely death.

By Messrs. Ennis and Moore of Baldwin-
House Bill No. 598. A bill to fix the bond of the Sheriff of Baldwin County at $3,000.00, and for other purposes.

The House has agreed to the Senate amendment, as amended, to the following resolution of the House, ta--wit:

By Mr. Evans of McDuffie-
Hause Resolution No. 17-67e. A resolution to designate and name the Thomas E. Watson Highway.

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

By Mr. Cogdell of Glynn-
House Bill No. 44. A bill to repeal an Act providing for a secret and private ballot of Section 138 (8-21) of Michie's Code of 1926, applying to Glynn County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Milam and Harris of Spalding-
House Bill No. 543. A bill to amend an Act of the General Assembly of 1921, pages 959 through 992, amending the charter of the City of Griffin, and for other purposes.
The report of the committee, which was favorable to
the passage of the bill, was agreed to.

MoNDAY, MARCH 8, 1937.

1463

On the passage of the hill, the ayes were 26, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 563. A hill to amend the charter of the City of College Park, Fulton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Candler, Sams, and Turner of DeKalh-
House Bill No. 564. A bill to amend an Act establishing the Municipal Court of Atlanta, DeKalb Section, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Mr. Fowler of Treutlen-
House Bill No. 591. A hill to amend an Act creating a new charter for the City of Soperton; to create the office of recorder for said city; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.

1464

JouRNAL oF THE SENATE,

On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Smith and Jones of Dodge-
House Bill No. 592. A bill to create a new charter for the City of Eastman, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 593. A bill to amend Acts of 1882-3, page 552, authorizing Commissioners of Chatham County to levy and collect taxes for certain purposes, so as to fix
a definite limitation of 2Ya mills instead of an indefinite
limitation of 50 per cent as now provided in said Act, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Jones of Brantley-
Hause Bill No. 615. A bill to require the Commissioners of Roads and Revenues of Brantley County to establish, provide and maintain roads over which school bus routes are located upon the recommendation of the various school trustees, and for other purposes.

MoNDAY, MARCH 8, 1937.

1465

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, tQe ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Jones of Brantley-
Hause Bill No. 616. A bill to require the Tax Commissioners of Brantley County to give bond in the sum of $15,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By M~ssrs. Allison and Tapp of Gwinnett-
House Bill No. 631. A bill to amend an Act creating a Board of County Commissioners of Gwinnett County, so as to change the pay of each commissioner from three dollars to five dollars per day, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hogg of Marion-
Heuse Bill No. 636. A bill to create a Board of Commissioners of Roads and Revenues for Marion County, and for other purposes.

1466

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hogg of Marion-
House Bill No. 637. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Marion County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

House Resolution No. 17, a resolution to designate the Thomas E. Watson Highway, was taken up for the purpose of considering the following House amendment to the Senate amendment thereto:

By Mr. Lewis of Burke-
To amend House Resolution No. 17 by adding the following to the Senate amendment thereto:
"The repealing clause in this resolution is hereby stricken, and this resolution shall not be construed to change or alter the ident~ty or name of any highway previously designated by any other name, portions of which it may traverse or with which the route herein designated may coincide."
The Senate agreed to the House amendment to the Senate amendment to House Resolution No. 17.

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

MoNDAY, MARCH 8, 1937.

1467

BySenator Ennis of the 20th District--;-
Senate Bill No. 166. A bill to provide that streets or parts of streets lying within corporate limits of municipalities of this State and forming a continuation of the Stateaid system of roads shall become a part of the State-aid system of roads for the purpose of construction and maintenance thereof by the State Highway Board from State Highway Funds allocated to said board for the construction and maintenance of roads in Georgia, ~nd for other purposes.

Senator Ennis of the 20th District moved that further consideration of Senate Bill No. 166 be postponed until Wednesday, March lOth, and made a special order of business for the day, and the motion prevailed.

Senator Fowler of the 39th District asked unanimous consent that Senate Bill No. 122, a bill to amend Section 15 of the Motor Common Carriers' Act of 1931, be recommitted to the Committee on Public Utilities, and the consent was granted.

By Senator Knabb of the 4th District-
Senate Bill No. 163. A bill to amend Section 13-201 of the 1933 Code by excluding therefrom corporations chartered by the Superior Court, and providing that such corporations doing a saving business or taking any form of deposits or savings accounts, shall show that they are not under the supervision of the Superintendent of Banks, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

1468

JOURNAL OF THE SENATE,

By Mr. Sutton of Wilkes-
House Bill No. 82. A bill to provide under what terms a certificate shall be issued to Motor Common Carriers, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sutton of Wilkes-
House Bill No. 83. A bill to provide under what terms a certificate shall be issued to Motor Carriers and to provide in what manner suit shall be brought, amending Section 7 of the Act approved March 31, 1931, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 1.
The bill having received the requisite constitutional majority was passed.

By Senator Brock of the 37th District-
Senate Bill No. 180. A bill to regulate the hunting and killing of fox in Georgia; authorizing the Director of Wild Life to open and close seasons for hunting fox in certain counties of the State; and for other purposes.
Senator Brock of the 37th District asked unanimous consent that further consideration of Senate Bill No. 180 be postponed until Tuesday, March 9th, and made a special order of business for the day. The consent was granted.

MoNDAY, MARCH 8, 1937.

1469

By Mr. Welsch of Cobb-
House Bill No. 385. A bill to amend an Act approved March 28, 1935, pertaining to deposits required of fire, marine, and inland insurance companies by adding and including the word "casualty," and for other purposes.
The committee offered the following amendments to House Bill No. 385:
To amend caption by adding after the word "marine" the words "and life," and amends caption after the word "casualty" the words "to provide that in all cases where a domestic or non-resident Life Insurance Company is being liquidated under receivership or otherwise, that policy holding claimants shall have preference over any common or unsecured claim."
To amend Section 1 after the word "marine" wherever it appears the words "and life."
To amend at the end of Section 1 after the word "bonds" the following words: "to provide that in all cases where a domestic or non-resident Life Insurance Company is being liquidated under receivership, or otherwise that policy holding claimants shall have preference over any common or unsecured claim, claims in the disbursements of the assets through liquidation."
'Fhe committee amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator McKenzie of the 48th District asked unanimous consent that Senate Bill No. 154, a bill providing that in

1470

JouRNAL OF THE SENATE,

certain counties of the State all registered voters of said counties shall be entitled to vote to fill the office of County School Superintendent, be withdrawn from further consid.eration of the Senate. The consent was granted.

Senator Shedd of the 3rd District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Conservation, read the second time, and recommitted to the Committee on Conservation:

By Senator Shedd of the 3rd District-
Senate Bill No. 196. A bill to amen.d Title 15, Chapter 15-3 and Section 15-304 relating to the acquisition by the United States of certain lands in Georgia, and for other purposes.
The consent was granted.
The following privilege resolutions were read and adopted:

By Senators Atkinson of the 1st District, Pope. of the 7th District, Phillips of the 29th District, and Purdom of the 46th District-
A resolution extending the privileges of the floor to Hon. Randolph A. Hearst, a son of William Randolph Hearst.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to
Hon. Thomas E. Oden of Blackshear, Ga.

By Senator Purdom of the 46th District-
A resolution extending the priyileges of the floor to Mrs. Knabb, wife of the distinguished Senator from the 4th District.

MoNDAY, MARCH 8, 1937.

1471

By Senator Almand of the 50th District-
A resolution extending the privileges of the floor to Mrs. H. B. Ritchie, prominent citizen of Athens, Ga.

By Senator Walker of the 28th District-
A resolution extending the privileges of the floor to Hon. Albert Foster of Madison, Ga.

Senator Atkinson of the 1st District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until ton:torrow at 10:00 o'clock, A. M.

1472

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
TUESDAY, MARCH 9, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Burgin of the 24th District, Secretary of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Jackson of the 14th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Finance, read a second time, and recommitted to the Committee on Finance:
By Messrs. Simmons of Decatur and Dugas ofWhiteHouse Bill No. 5. A bill to amend Title 92, Chapter 92-
14, of the 1933 Code, so as to provide laws and regulations for collecting motor fuel tax, etc., and for other purposes.
The consent was granted, the bill read a second time, and recommitted to the Committee on Finance.

TuESDAY, MARCH 9, 1937.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business "immediately following the first part of the period of unanimous consents today:
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. First reading and reference of House bills and resOlutions.
5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for third reading.
The consent was granted.
The following report of the special committee appointed to investigate the advisability of the State taking over the Tattnall County Prison was submitted and read:
Mr. President:
We, your committee to investigate and complete the details of the taking over by the State of the new prison in Tattnall County, have met and have gone as far as we can safely go with the facts and figures available.
We have consulted with His Excellency, the Governor, and it has been unanimously agreed that your committee immediately contact the Secretary of the United States Treasury and other officials in Washington in order that the exact facts and figures may be ascertained upon which we are to base our actions.
We therefore recommend that your committee be given authority to proceed to Washington for consultation with

1474

JouRNAL oF THE SENATE,

the authorities in order that such recommendations may be made by our committee as will be founded on full information on the subject which has been delegated to your committee.
Respectfully submitted,
PuRDOM of the 46th District,
PHILI.IPS of the 29th District,
LINDSAY of the 34th District.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bills and/or resolutions of the House and/or Senate, ta-wit:

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 90. A bill to be entitled an Act to authorize Board of County Commissioners to make regulations as to traffic on the public roads of the county outside.of municipalities, in counties of over 200,000 population, and for other purposes.

By Mr. Morris of Douglas-
House Resolution No. 18-118a. A resolution authorizing. the State Librarian to furnish Douglas County certain missing law books, and for other purposes.

By Mr. Morgan of Troup-
House Resolution No. 20-118c. A resolution to relieve J. H. Murphy and I. I. West as sureties on the bond of Heyward Alverson.

TuESDAY, MARCH 9, 1937.

1475

By Mr. Morris of Douglas-
House Resolution No. 21-118d. A resolution authorizing Librarian to furnish certain volumes to Douglas County, and for other purposes.

By Messrs. Phillips and Palmour of Hall-
House Resolution No. 30-151a. A resolution authorizing and directing Librarian of the State of Georgia to furnish certain volumes to the Clerk of Superior Court of Hall County, and for other purposes.

By Mr. Smith of Dodge-
House Resolution No. 36-198a. A resolution to relieve L. C. Ragan as surety on a bond, and for other purposes.

By Mr. Pirkle of Forsyth-
House Bill No. 202. A bill to provide for holding three terms a year of the Superior Court of Forsyth County, and for other purposes.

By Mr. Cochran of Thomas-
House Resolution No. 40-209d. A resolution authorizing State Librarian to furnish the Ordinary of Thomas County certain volumes of Court of Appeals and Court of Reports, and for other purposes.

By Messrs. Kendrick of Fulton and Allison and Tapp of Gwinnett.

House Bill No. 244. A bill to amend the Highway Mileage

Act, by adding a road to the System of State Aid Roads, and

for other purposes.

-

By Messrs. Joel and Hill of Clarke-
House Bill No. 265. A bill to be entitled an Act to vest in the Tax Collectors of the State in all counties having a

1476

JouRNAL oF THE SENATE,

population of not less than 25,600 and not more than 25,650, the power and authority to appoint one or more deputies relative to the levy and collection of tax fi. fas., and for other purposes.

By Messrs. Durden and Sabados of Dougherty-

House Resolution No. 46-266a. A resolution authorizing

State Librarian to furnish the Ordinary of Dougherty County

certain volumes of Georgia Reports and Court of Appeals

Reports, and for other purposes.



By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 276. A bill to amend an Act entitled "Highway Mileage'' by adding a road to the State Aid System of Roads.

By Messrs. Reid and Beck of Carroll-
House Bill No. 283. A bill to relieve J. H. Burson, Tax
Commissioner of Carroll County, of certain State and County taxes, and for other purposes.

By Mr. Musgrove of Clinch-
House Bill No. 306. A bill to be entitled an Act to provide for holding three terms a year of Superior Court in Clinch County, and for other purposes.
By Messrs. Almand and Preston of Walton-
House Resolution No. 55-320a. A resolution authorizing and directing the State Librarian to furnish certain volumes to the Board of Commissioners of Walton County, and for other purposes.

By Mr. Carmichael of Randolph-
House Bill No. 323. A bill to be entitled an Act to amend an Act entitled Highway Mileage, by adding a certain road to the State Aid System, and for other purposes.

TuESDAY, MARCH 9, 1937.

1477

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 346. A bill to be entitled an Act to require all candidates for the General Assembly in counties having a population between 29,990 and 29,998 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents, and for other purposes.

By Mr. Whitaker of Clayton-
House Resolution No. 68-369a. A resolution authorizing State Librarian to furnish certain law books to the Ordinary of Clayton County, and for other purposes.

By Mr. Barnard of Towns-
House Bill No. 400. A bill to be entitled an Act to repeal an Act providing for the election of County School Superintendents in counties of a population of not more than 4,350 and not less than 4,340, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Resolution No. 83-406b. A resolution to re-establish the library of the Superior Court Room and Ordinary's office of Lowndes County, and for other purposes.

By Mr. Harrison of Crawford-
House Resolution No. 84-406c. A resolution authorizing State Librarian to furnish the Ordinary of Crawford County certain missing volumes of the Supreme Court reports of the State of Georgia, and for other purposes.

By Messrs. Sams, Turner, and Candler of DeKalb-
House Resolution No. 93-456c. A resolution authorizing State Librarian to furnish certain missing law books to the Court Library of DeKalb County, and for other purposes.

1478

JouRNAL OF THE SENATE,

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 458. A bill to he entitled an Act to pravide payment by counties having a population according to the census of 1930 of not less than 32,693, nor more than 32,703 of actual cost incurred in the Superior Courts for the trial and conviction of misdemeanor convicts worked by said county upon public roads, and for other purposes.

By Mr. McCrac~en of Jefferson-
House Resolution No. 104-470a. A resolution authorizing Librarian to furnish certain missing law books to the Ordinary of Jefferson County, and for other purposes.

By Mr. Mavity of Walker-
House Bill No. 472. A bill to he entitled an Act to amend an Act entitled Highway Mileage by adding a road to the State Aid System of Roads.

By Messrs. Smith and Jones of Dodge-
House Bill No. 489. A bill to prohibit the running at large of goats in counties having a population of not less than 21,500 and not more than 21,600, according to 1930 census, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 505. A hill to he entitled an Act to empower the Board of Commissioners of Roads and Revenues of the Ordinary in counties having a population of 200,000 or more to acquire real estate by purchase or condemnation when such acquisition is necessary for slum clearance, or to abate a health nuisance, and for other purposes.
By Messrs. Smith, Leonard, and Elliott of Muscogee, and Sanders of Harris-
House Bill No. 517. A bill to amend an Act entitled

TuESDAY, MARCH 9, 1937.

1479

Highway Mileage by adding a road to the State Aid System of Roads.

By Messrs. Deal and Preston of Bullock-
House Bill No. 544. A bill to provide a salary in lieu of the fee system for the Clerk of the Superior Court and other courts served by the Clerk of the Superior Court in counties of 26,225 to 26,250, and for other purposes.

By Mr. Jones of Elbert-
House Resolution No. 130-547a. A resolution to relieve J. E. Brown of Elbert County as surety on the bond of Sie Sailing, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 590. A bill to authorize County Commissioners to improve the sanitary conditions of the county by providing systems of garbage disposal, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 605. A bill to provide for the establishment of county authorities of rules and regulations for the protection of the health of the several counties in this State, and for other purposes.

By Mr. Jones of Brantley-
Hause Bill No. 617. A bill to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the Ordinary, the Sheriff and the Tax Commissioner, and for other purposes.

1480

JouRNAL oF THE SENATE,

By Senator Aultman of the 23rd District-
Senate Bill No. 14. A bill to provide for holding three terms a year of Superior Court of Peach County, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 25. A bill to authorize the Boards of Education of all counties in the State of Georgia having a population in excess of 200,000 to borrow money for the operation of schools, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 27. 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 system, and for other purposes.

By Senator Shannon of the 21st District-
Senate Resolution No. 30. A resolution furnishing law books to Twiggs County, and for other purposes.

By Senator Jones of the 38th District-
Senate Resolution No. 52. A resolution requesting that the State Librarian furnish certain law books to Paulding County, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 93. A bill to provide that in any county having a population of more than 200,000 by the census of 1930 or any future census, the Board of Commissioners of Roads and Revenues or the body of persons in charge of the business and financial affairs of the county shall be authorized, and have authority to take over by lease, contract, agreement, or otherwise, the operation and maintenance of

TuESDAY, MARCH 9, 1937.

1481

any public charitable hospital now maintained by any municipality located in said county, and for other purposes.

By Senators Knabb of the 4th District, Atkinson of the 1st District, and Atwood of the 2nd District-
Senate Bill No. 126. A bill to be entitled an Act to amend the Traylor-Neill Act and creating the Fort Frederica National Shrine and Battle of Bloody Marsh Highway, and for other purposes.
The House has passed, as amended, the following bills of the Senate, to-wit:

By Senator Millican of the 35th District-
Senate Bill No. 43. A bill to amend an Act establishing municipal court in Atlanta to extend the jurisdiction of said court.

By Senator Millican of the 35th District-
Senate Bill No. 41. A bill to provide a discount not exceeding 10 per cent on the sale of tax executions in counties of more than 70,000 population.
The House has adopted the following resolution of the House, to-wit:
House Resolution No. 205. A resolution authorizing a joint committee appointed by the House and Senate to proceed to Washington, D. C., to make further investigations relative to the Tattnall Prison, and for other purposes.

The following resolution of the House was read and adopted:

By Mr. Bradley of Tattnall-
House Resolution No. 205. A resolution authorizing the joint committee appointed by the House and Senate to pro-

1482

JouRNAL OF THE SENATE,

ceed to Washington, D. C., to make further investigations relative to the Tattnall Prison, and for other purposes.

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

By Senator Phillips of the 29th District-
Senate Bill No. 202. A bill to increase the State Aid System of Public Roads by adding thereto certain roads in Columbia, McDuffie, and Richmond Counties, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Shedd of the 3rd District-
Senate Bill No. 203. A bill to increase the mileage of the State Aid System of Highways by adding thereto a road from Jesup to Lanes Bridge Road in Wayne and Appling Counties, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Shedd of the 3rd District-
Senate Bill No. 204. A bill to amend an Act creating the office of County Tax Commissioner of Wayne County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Millican of the 35th District-
Senate Bill No. 205. A bill to repeal an Act approved March 20, 1935, providing a public welfare board in certain counties, and for other purposes.
Referred to Committee on Public Welfare.

By Senator Patten of the 6th District-
Senate Bill No. 206. A bill to repeal Section 92-4402 and 92-8301 of the 1933 Code, so as to prescribe a right to redeem

TUESDAY, MARCH 9, 1937.

1483

property sold under an execution issued for the collection of State, County, City, Municipal or School Taxes or special assessments, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senator Almand of the 50th District-
Senate Bill No. 207. A bill to amend an Act of 1884-1885, page 603, providing for the establishment and power of the Board of Education of Athens, Ga., and for other purposes.
Referred to Committee on Education and Public Schools.

By Senator Neely of the 36th District-
Senate Bill No. 208. A bill to repeal an Act of December 14, 1871, creating Commissioners of Roads and Revenue for Meriwether County, and for other purposes.
Referred to Committee on Counties and County Matters.

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

By Senator Shedd of the 3rd District-
Senate Resolution No. 85. A resolution requesting the State Librarian to furnish certain law books to Wayne County, and for other purposes.
Referred to Committee on Public Library.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has

1484

JouRNAL OF THE SENATE,

instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 455 do pass. House Bill No. 214 do not pass. House Bill No. 373 do pass.
Respectfully submitted, JACKSON, Chairman.

Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your Committee on Conservation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
. Senate Bill No. 196. Respectfully submitted,
SHEDD, Chairman.

Senator Hardman of the 33rd District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. President:
Your Committee on Industrial Relations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
House Bill No. 169. Respectfully submitted,
HARDMAN, Chairman.

TuESDAY, MARCH 9, 1937.

1485

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following hill of the Senate and has instructed me, as vice-chairman, to report the same hack to the Senate with the recommendation that the same do pass:
Senate Bill No. 195.
Respectfully submitted,
KNABB, Vice-Chairman.

Senator Patten of the 6th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools has had under consideration the following hills of the House and Senate and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass:
Senate Bill No. 198.
House Bill No. 527.
House Bill No. 579.
Respectfully submitted,
PAITEN, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

1486

JouRNAL oF THE SENATE,

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 604.
House Bill No. 624.
Respectfully submitted,
PEEBLEs, Chairman.

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

By Senator Harrison of the 17th District-
Senate Bill No. 195. A bill to amend the Banking Law as codified in Title 13, Section 13-2015 of the 1933 Code by regulating banks doing a commercial business and receiving deposits subject to check, and for other purposes.

By Senator Patten of the 6th District-
Senate Bill No. 198. A bill to amend Section 32-1008 of the 1933 Code relating to the removal of County School Superintendents, and for other purposes.

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

By Mr. DeFoor of Mcintosh-
House Bill No. 373. A bill to reduce the official bond of the Sheriff of Mclntosh County, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of RichmondHouse Bill No. 527. A bill to provide a teacher tenure

TuESDAY, MARCH 9, 1937.

1487

for the Richmond County public school system, and for other purposes.

By Mr. Harrell of Brooks-
House Bill No. 579. A bill to amend an Act of December 26, 1888, establishing a system of public schools in the town of Quitman, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 604. A bill to fix the salaries of the Judges
of the Municipal Court of Atlanta, and for other purposes.

By Messrs. Trippe and Mundy of Polk-
House Bill No. 624. A bill to repeal an Act of March 24, 1933, amending an Act of December 13, 1898, amending the several Acts incorporating the City of Cedartown, and for other purposes.

By Messrs. Kendrick ofFulton and Lanier of Richmond-
House Bill No. 169. A bill to amend Title 54, Chapter 54-1 of the Code of 1933 by striking the entire chapter and substituting therefor a new section, and to create the office of Commissioner of Labor, and prescribe the duties of said commissioner, and for other purposes.

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

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 90. A bill to authorize Board of County Commissioners to make regulations as to traffic on the public roads in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

1488

JOURNAL OF THE SENATE,

By Mr. Pirkle of Forsyth-
House Bill No. 202. A bill to provide for holding three terms a year of the Superior Court of Forsyth County, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Kendrick of Fulton, and Allison and Tapp of Gwinnett-
House Bill No. 244. A bill to amend the Highway Mileage Act by adding a road to System of State Aid Roads in Gwinnett County, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Joel and Hill of Clarke-
House Bill No. 265. A bill to vest in the Tax Collectors in certain counties the power to appoint one or more deputies relative to the levy and collection of tax fi. fas., and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 276. A bill to amend an Act entitled "Highway Mileage" so as to add a road from a point in Cobb County to a point in Fulton County, and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Reid and Beck of Carroll-
House Bill No. 283. A bill to relieve J. H. Burson, Tax Commissioner of Carroll County, of certain State and County taxes, and for other purposes.
Referred to Committee on Appropriations.

TUESDAY, MARCH 9, 1937.

1489

By Mr. Musgrove of Clinch-
House Bill No. 306. A hill to provide for holding three terms a year of the Superior Court of Clinch County, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Carmichael of Randolph-
House Bill No. 323. A hill to amend the Highway Mileage Act by adding a certain road in Randolph and Clay Counties to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 346. A hill to require all candidates for the General Assembly in certain counties to designate and qualify for the seats in the General Assembly from all such counties, a.nd to name their incumbent opponents, and for other purposes.
Referred to Committee on Privileges and Elections.

By Mr. Barnard of Towns-
House Bill No. 400. A hill to repeal an Act providing for the election of County School Superintendents in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 458. A hill to provide payment by certain counties of actual cost incurred in the Superior Courts for the trial and conviction of misdemeanor convicts worked by said counties upon the public roads, and for other purposes.
Referred to Committee on Special Judiciary.

1490

JouRNAL OF THE SENATE,

By Mr. Mavity of Walker-
House Bill No. 472. A bill to designate the "Cloud Springs Road" in Catoosa County, as a part of the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Smith and Jones of Dodge-
House Bili No. 489. A bill to prohibit the running at large of goats in certain counties, and for other purposes.
Referred to Committee on Agriculture.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 505. A bill to empower the Board of Commissioners of Roads and Revenues or the Ordinary in certain counties to acquire real estate by purchase or condemnation when such acquisition is necessary for slum clearance, or to abate a health nuisance, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Smith, Leonard, and Elliott of Muscogee, and Sanders of Harris-
House Bill No. 517. A bill to amend the Highway Mileage Act, so as to add a certain road from Columbus to West Point to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Deal and Preston of Bullock-
House Bill No. 544. A bill to provide a salary in lieu of the fee system for the Clerk of the Superior Court and other courts served by the Clerk of the Superior Court in certain counties, and for other purposes.
Referred to Committee on Special Judiciary.

TUESDAY, MARCH 9, 1937.

1491

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 590. A bill to authorize County Commissioners to improve the sanitary conditions of the county . by providing systems of garbage disposal, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 605. A bill to provide for the establishment by the county authorities of rules and regulations for the protection of the health of the several counties in this State, and for other purposes..
Referred to Committee on Hygiene and Sanitation.

By Mr. Jones of Brantley-
Hause Bill No. 617. A bill to change from the fee to the salary system in certain counties, the Clerk of the Superior Court, the Ordinary, Sheriff and Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

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

By Mr. Morris of Douglas-
House Resolution No. 18. A resolution authorizing the State Librarian to furnish the Ordinary of Douglas County certain law books, and for other purposes.
Referred to Committee on Public Library.

By Mr. Morgan of TroupHouse Resolution No. 20. A resolution to relieve J. H.

1492

JouRNAL OF THE SENATE,

Murphy and I. I. West as sureties on the bond of Heyward Alverson, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Morris of Douglas-
House Resolution No. 21. A resolution authorizing and directing the Librarian to furnish certain books to Douglas County, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Phillips and Palmour of Hall-
House Resolution No. 30. A resolution authorizing the State Librarian to furnish certain volumes to the Clerk of the Superior Court of Hall County, and for other purposes.
Referred to Committee on Public Library.

By Mr. Smith of Dodge-
House Resolution No. 36. A resolution to relieve L. C. Ragan as surety on a bond, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Cochran of Thomas-
House Resolution No. 40. A resolution authorizing the State Librarian to furnish the Ordinary of Thomas County certain volumes of Court of Appeals and Supreme Court reports, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Durden and Sabados of Dougherty-
House Resolution No. 46. A resolution authorizing the State Librarian to furnish the Ordinary of Dougherty County certain laws books, and for other purposes.
Referred to Committee on Public Library.

..

TUESDAY, MARCH 9, 1937.

1493

By Messrs. Almand and Preston of Walton-
House Resolution No. 55. A resolution authorizing the State Librarian to furnish certain volumes to the Board of Commissioners of Walton County, and for other purposes.
Referred to Committee on Public Library.

By Mr. Whitaker of Clayton-
House Resolution No. 68. A resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Clayton County, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Coleman and Houze of Lowndes-
House Resolution No. 83. A resolution to re-establish the Library of the Superior Court Room and Ordinary's office of Lowndes County, and for other purposes.
Referred to Committee on Public Library.

By Mr. Harrison of Crawford-
House Resolution No. 84. A resolution authorizing the State Librarian to furnish to the Ordinary of Crawford County certain law books, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Sams, Turner, and Candler of DeKalb-
House Resolution No. 93. A resolution authorizing the State Librarian to furnish certain law books to the Court Library of DeKalb County, and for other purposes.
Referred to Committee on Public Library.

By Mr. McCracken of JeffersonHouse Resolution No. 104. A resolution authorizing the

1494

JouRNAL oF THE SENATE,

State Librarian to furnish certain law books to the Ordinary of Jefferson County, and for other purposes.
Referred to Committee on Public Library.

By Mr. Jones of Elbert-
House Resolution No. 130. A resolution to relieve J. E. Brown, of Elbert County, as surety on the bond of Sie Sailing, and for other purposes.
Referred to Committee on Counties and County Matters.

Senator Harrell of the 12th District asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on Amendments to the Constitution, read a second time, and recommitted to the Committee on Amendments to the Constitution:

By Senator Harrell of the 12th District-
Senate Resolution No. 82. A resolution proposing to the qualified voters of Georgia an amendment to Article V of the Constitution, authorizing the creation of a department to be known as the Georgia Bonding and Surety Commissioner and to prescribe the duties of said commissioner, and for other purposes.
The consent was granted, the resolution read a second time, and recommitted to the Committee on Amendments to the Constitution.
Senator Hardman of the 33rd District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have 100 copies of the committee substitute for House Bill No. 169 printed for the use of the members of the Senate. The consent was granted.
Senate Bill No. 41, a bill to provide for a discount not exceeding ten per cent on the sale of tax execution in counties

TuESDAY, MARCH 9, 1937.

1495

of more than 70,000 population, was taken up for the purpose of considering the following House amendment thereto:
By Mrs. Mankin of Fulton-
To amend Section 1, lines 7 and 8, so that when amended same shall read two hundred thousand. The caption to be similarly amended so that the bill shall apply only to counties of 200,000 population according to the United States census of 1930.
The Senate agreed to the House amendment to Senate Bill No. 41.
The following bill of the House was read the third time and put upon its passage:

By Mr. Booth of Barrow-
House Bill No. 455. A bill to create a Board of Commissioners of Roads and Revenues for the County of Barrow,. and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill of the Senate having been set as a special order of business for the day was taken up for consideration:
By Senator J~ckson of the 14th District-
Senate Bill No. 152. A bill to amend Title 13 (Banking Laws) of the Code of 1933, to regulate and control the conditions upon which they may do business, and for other purposes.

1496

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 9.
The bill having received the requisite constitutional majority was passed.

Senator Jackson of the 14th District asked unanimous consent that Senate Bill No. 152 be immediately transmitted to the House. There was objection.

Senator Jackson of the 14th District moved that Senate Bill No. 152 be immediately transmitted to the House, and the motion prevailed.

Senator Lindsay of the 34th District arose to a point of personal privilege and addressed the Senate touching a previous debate relative to a proposed investigation.

The following bills of the Senate were read the third time and put upon their passage:
By Senator Atkinson of the 1st District-
Senate Bill No. 176. A bill to extend the penal laws relating to illegal practices in general elections to all primary elections, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Brock of the 37th District-
Senate Bill No. 180. A bill to be entitled an Act to regulate the hunting and killing of fox in this State; to pra-

TuESDAY, MARCH 9, 1937.

1497

vide that the Director of Wild Life shall have the authority to open and close seasons for the hunting and killing of fox in certain counties of this State; and for other purposes.

Senator Fowler of the 39th District offered the following amendments to House Bill No. 180:
To amend by striking from the caption of the bill the words "hunting and."
To amend by striking from Section 1 the words "hunt or."
To amend by striking from Section 2 the words "hunting or" wherever they occur.
The amendments by Senator Fowler were adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35; the nays 0.
The bill having received the requisite constitutional majority was passed, as amende<!.

By Senator Shedd of the 3rd District-
Senate Bill No. 196. A bill to amend Title 15 (Boundaries and Jurisdiction of the State) Chapter 15-3 (Jurisdiction over certain land ceded to or acquired by the United States) Section 15-304 (Forest reserved by the Federal Government in mountain region and in Okefenokee Swamp), and for other purposes.

Senator Shedd of the 3rd District offered the following amendments to Senate Bill No. 196:
To amend by adding to second line of the bill, following the caption, the words "Section 1."
To further amend by adding a new section to be numbered Section 2 to read as follows: "Be it further enacted that all

1498

JouRNAL oF THE SENATE,

laws and parts of laws in conflict herewith 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 the passage of the bill, as amended, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following privilege resolutions were read and adopted:
By Senator Brock of the 37th DistrictA resolution extending the privileges of the floor to Hon.
J. H. Burson, prominent citizen of Carroll County.
By Senator Fowler of the 39th District-
A resolution extending the privileges of the floor to Judge and Mrs. J. R. Hutcheson of Douglasville, Ga.
Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A. M.

WEDNESDAY, MARCH 10, 1937.

1499

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, MARCH 10, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following be established as the order of business immediately following .the first part of the period of unanimous consents today:
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.

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4. First reading and reference of House bills and resolutions.
5. Special orders.
6. Putting on their passage general and local House and Senate bills and resolutions ready for the third readmg.
The consent was granted.

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

By Senators Whitehead of the 30th District, Terrell of the 19th District, Pope of the 7th District, and Thrasher of the 27th District-
Senate Bill No. 209. A bill concerning the guardianship of incompetent veterans, orphans of deceased veterans, and other incompetent and minor beneficiaries of the veterans administration, and for other purposes.
Referred to Committee on Military Affairs.

By Senator Knabb of the 4th District-
Senate Bill No. 210. A bill to propose to the voters of Georgia an amendment to Article 3, Section 7, of the Constitution, permitting governing authorities of Glynn County to pass zoning laws, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Neely of the 36th District-
Senate Bill No. 211. A bill to amend an Act of August 17, 1923, providing for the organization and taxation of incorporated mutual or cooperative fire insurance companies, and for other purposes.
Referred to Committee on Insurance.

WEDNESDAY, MARCH 10, 1937.

1501

By Senator Jackson of the 14th District and Patten of the 6th District-
Senate Bill ~o. 212. A bill to provide for rules and regulations governing the use, lease and operation of school trucks and buses, and for other purposes.
Referred to Committee on Motor Vehicles.

By Senator Almand of the 50th District-
Senate Bill No. 213. A bill to amend the charter of the City of Athens, Ga., relative to payment of pensions to city employees, and for other purposes.
Referred to Committee on Municipal Government.
By Senators McCutchen of the 43rd District and Hampton of the 41st District-
Senate Bill No. 214. A bill to amend the Highway Mileage Act, known as the Traylor-Neill Bill, so as to add a road in Murray County, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator McKenzie of the 48th District-
Senate Bill No. 215. A bill to amend Section 59-703 and Section 59-704 of the 1933 Code, reducing the number of jurors for the trial of civil cases, and for other purposes.
Referred to Committee on General Judiciary No. 1.
The following resolution of the Senate was introduced, read the first time, and referred to the committee:

By Senator McKenzie of the 48th District-
Senate Resolution No. 86. A resolution proposing to the voters of Georgia an amendment to Article 7, Section

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2, Paragraph 2a of the Constitution, providing for the exemption of manufacturing plants that manufacture any farm product produced in Georgia, and for other purposes.
Referred to Committee on Amendments to the Constitution.

Senator Almand of the 50th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Education and Public Schools, read a second time and recommitted to the Committee on Education and Public Schools:

By Senator Almand of the 50th District-
Senate Bill No. 207. A bill to amend an Act of 18841885, page 603, providing for the establishment and powers of the Board of Education of Athens, Ga., and for other purposes.
The consent was granted, the bill read a second time, and recommitted to the Committee on Education and Public Schools.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 156 do pass, as amended.
Senate Bill No. 121 do not pass.
House Bill No. 538 do pass.
Senate Bill No. 161 do pass, as amended.

WEDNE!!DAY, MAR~H 10, 1937.

1503

Senate Bill No. 186 do pass. Senate Bill No. 199 do p~ss. House Bill No. 625 do pass. House Bill No. 634 do pass. House Bill No. 632 do pass. House Bill No. 609 do pass. House Bill No. 647 do pass. House Bill No. 649 do pass.

Respectfully submitted, PEEBLEs, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 276.
House Bill No. 323.
House Bill No. 517.
House Bill No. 244.
House Bill No. 472.
Senate Bill No. 197.
Senate Bill No. 203.

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Senate Bill No. 185. . Senate Bill No. 190. Senate Bill No. 202. Senate Bill No. 184.

Respectfully submitted, PHILLIPs, Chairman.

Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President: Your Committee on Motor Vehicles has had under
consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 117 do pass, as amended.
Senate Bill No. 201 do pass.
Respectfully submitted, SuTToN, Chairman.

Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:

Mr. President:
Your Committee on Uniform Laws has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 488. Respectfully submitted,
BRocK, Chairman.

WEDNESDAY, MARCH 10, 1937.

1505

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 5.
Respectfully submitted,
ENNIS, Chairman.
Senator Atkinson of the 1st District, Vice-Chairman of the Committee on Temperance, submitted the following report:

Mr. President:
Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
House Bill No. 58.
Respectfully submitted,
ATKINSON, Vice-Chairman.

The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senators Millican of the 35th District and Atkinson of the 1st District-
Senate Bill No. 156. A bill to authorize the_ Municipal Authorities of certain cities to license the business of mak-

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JouRNAL oF THE SENATE,

ing loans, secured or unsecured, and lending monies by assignment of wages or salaries, earned or to be earned, and for other purposes.

By Senator Harrison of the 17th District-
Senate Bill No. 161. A bill to authorize the mumctpalities of Georgia to levy, assess and collect an occupation tax on business of Motor Common Carriers and on business of bus stations and terminals operated within municipalities, and for other purposes.

By Senator Peterson of the 15th District-
Senate Bill No. 184. A bill to amend the Highway Mileage Act of 1929 (pages 260-268), known as the TraylorNeill Bill, by adding a certain road in Montgomery County, and for other purposes.

By Senators Harrison of the 17th District and Atkinson of the 1st District-
Senate Bill No. 185. A bill to amend the Highway Mileage Act by adding a road beginning in Chatham County and ending ~n Jenkins County, and for other purposes.

By Senator Pope of the 7th District-
Senate Bill No. 186. A bill permitting, under certain conditions, disabled or indigent soldiers and blind persons to peddle or conduct business without paying license, and for other purposes.

By Senator Whitehead of the 30th District-
Senate Bill No. 190. A bill to amend the Highway Mileage Act of 1929, known as the Traylor-Neill Bill, by adding a certain road in Elbert County and running to Sander's Ferry Bridge across the Savannah River, and for other purposes.

WEDNESDAY, MARCH 10, 1937.

1507

By Senator Shedd of the 3rd District-
Senate Bill No. 197. A bill to amend the Highway Mileage Act of 1929, pages 268-269, by adding a certain road in Wayne County and extending through Appling County and Bacon County, and for other purposes.

By Senator Griner of the 45th District-
Senate Bill No. 201. A bill to relieve owners of motor vehicles from liability to guests or accommodation passengers for injuries sustained while riding therein, and for other purposes.

By Senator Phillips of the 29th District-
Senate Bill No. 202. A bill to increase the State Aid System of Public Roads by adding thereto certain roads in Columbia, McDuffie and Richmond Counties, and for other purposes.

By Senator Shedd of the 3rd District-
Senate Bill No. 203. A bill to increase the mileage of the State Aid System of Highways by adding thereto a road from Jesup to Lanes Bridge Road in Wayne and Appling Counties, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 199. A bill to amend the charter of the Town of Thunderbolt, Chatham County, and for other purposes.

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

By Messrs. Marshall of Macon and Booth of Barrow-
House Bill No. 58. A bill to amend an Act approved March 23, 1935, providing for the li<;ense and excise taxes

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JouRNAL oF THE SENATE,

upon the business of dealing in Malt Beverages, and for other purposes.
By Mr. Sabados of Dougherty and others-
House Bill No. 117. A bill to regulate the use of the Public Highways and to provide for maximum weight and size of vehicles using the Highways, and for other purposes.

By Messrs. Kendrick of Fulton and Allison and Tapp of Gwinnett-
House Bill No. 244. A bill to amend the Highway Mileage Act, by adding a road to the System of State Aid Roads in Gwinnett and Fulton Counties, and for other purposes.

By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 276. A bill to amend the Highway Mileage Act of 1929, so as to add a road beginning in Cobb County and ending at a certain point in Fulton County, and for other purposes.

By Mr. Carmichael of Randolph-
House Bill No. 323. A bill to amend the Highway Mileage Act by adding a certain road in Randolph and Clay Counties, and for other purposes.

By Mr. Mavity of Walker-
House Bill No. 472. A bill to designate the "Cloud Springs Road," Catoosa County, and for other purposes.

By Messrs. Jones and Smith of Dodge-
House Bill No. 488. A bill to repeal an Act providing that all scrip or warrants relating to expenses of Superior Court of Dodge County, and for other purposes.

WEDNESDAY, MARCH 10, 1937.

1509

By Messrs. Smith, Leonard, anc;l Elliott of Muscogee, and Sanders of Harris-
House Bill No. 517. A bill to amend the Highway Mileage Act by adding a certain road from Columbus to West Point, and for other purposes.

By Mr. Lewis of Burke-
House Bill No. 538. A bill to amend the charter of Waynesboro, and for oth~r purposes.

By Messrs. Sanders and Hart of Coweta-
House Bill No. 609. A bill to amend an Act creating a new charter for the City of Newnan, and for other purposes.

By Mr. Grubbs of Crisp-
House Bill No. 625. A bill to amend the charter of the City of Cordele, and for other purposes.

By Mr. Harvey of Upson-
House Bill No. 632. A bill to amend the charter of the City of East Thomaston, and for other purposes.

By Mr. Harvey of Upson-
House Bill No. 634. A bill to amend the charter of the City of Thomaston, and for other purposes.

By Messrs.. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 647. A bill to amend the charter of the City of Hapeville, and for other purposes.

By Mr. Wilson of Murray-
House Bill.No. 649. A bill to amend the charter of the City of Chatsworth, and for other purposes.

1510

JouRNAL OF THE SENATE,

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

By Senator Lindsay of the 34th District-
Senate Bill No. 123. A bill providing that in ctttes of 150,000 or more population where a paid fire department is maintained there shall be a fireman's board of civil service, and for other purposes.

Senator Millican of the 35th District and Senator Lindsay of the 34th District offered the following substitute for Senate Bill No. 123:

A BILL
To be entitled an Act to create a Civil Service Board in the cities in the State of Georgia, having a population in excess of 200,000 people; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, employment and promotion of all officers and men appointed in said fire department in the respective cities; to regulate the transfer, reinstatement, suspension and discharge of said officers and firemen, and for other purposes.
Be it enactd by the General Assmbly of the State of Georgia, and it is hereby enacted by authority of the same.
Section 1. That from and after the passage of this Act, in all cities of this State having a population in excess of 200,000 people by the last or any future federal census, there shall be a regulation of Civil service covering all of the uniformed officers and firemen, and the fire alarm and maintenance department and office force of the Fire Department of said cities excluding the Chief of said Department.
Section 2. The Board of Fire Masters appointed by the Mayor or other governing authority of such cities from

WEDNESDAY, MARCH 10, 1937.

1511

the members of the general council thereof in office at the time of the passage of this act, or their successors in office, shall constitute the Board of Fire Masters under this act and shall have the powers, duties, and functions hereinafter prescribed.

Section 3. The classified civil service provistons of this Act shall include all full paid employees as specified in Section 1 of this Act of the Fire Department of each town, city, municipality coming within its purview, except the chief of said Department. Said Board of Fire Masters shall have authority to promulgate rules and regulations providing for eligibility and examination of all applicants for positions as firemen, fire alarm and maintenance employees and shall have authority over holding examinations relative to the mental and physical fitness of all applicants, and those applicants passing the examination, which is to be held by the Board, shall be placed upon the eligible list. It shall be the duty of the said Board to appoint those whose names appear on said eligible list in accordance with their ratings, rank and priority on said list. All promotions in said department shall be solely on merit, efficiency, and fitness which shall be determined by the recommendations of the Chief of such Fire Department and confirmed by the Board of Fire Masters created hereunder. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of this Act.

Section 4. Immediately after the passage of this Act the Board shall organize with the Chairman of the Board of Fire Masters as Chairman and hold regular Meetings as may be required for the proper discharge of their duties. They shall appoint a secretary who shall keep the records of the Board, preserve all reports made to it, keep a record of all examinations or other proceedings held under its direction, and perform such other duties as the Board may prescribe.

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Section 5. It shall be the duty of the Board:
(a) To make suitable rules and regulations not mconsistent with the provisions of this Act. Such rules and regulations shall provide in detail the manner in which the business of the Board may be transacted and may also provide for any other matters connected with the general subject of personnel administration, and which may be considered desirable to further carry out the general purposes of this Act. Such rules and regulations may be changed from time to time. The rules and regulations and any amendments thereof shall be printed, mimeographed, or multigraphed for free public distribution.
(b) All tests shall be practical, and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill.
(c) The Board shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this Act, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments effected by this Act; and ascertain whether this Act and all such rules and regulations are being obeyed. Such investigations may be made by the Board or by any Board Member designated by the Board for that purpose. Not only must these investigations be made by the Board as aforesaid, but the Board may make investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the Board or designated Board members shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation, and also to cause the

WEDNESDAY, MARCH 10, 1937.

1513

deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil action in the Superior Court of this State; and the oaths administered hereunder and the subpoenas issued hereunder shall have the same force and effect as the oaths administered by a Circuit Judge in his judicial capacity; and the failure upon the part of any persons so subpoenaed to comply with the provisions of this section shall be deemed a violation of this Act, and punishable as such.
(d) All hearings and investigations before the Board or designated Board member shall be governed by this Act and by rules of practice and procedure to be- adopted by the Board, and in the conduct thereof neither the Board nor designated Board Member shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the Board, or designated Board member, shall invalidate any order, decision, rule or regulation made, approved, or confirmed by the Board; provided, however, that no order, decision, rule or regulation made by any designated Board Member conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by a majority of the members of the Board.
(e) To hear and determine appeals or complains respecting the administrative work of the personnel of the department; appeals upon the allocation of position; and such other matters as may be referred to the Board.
(f) To establish and maintain in card or other suitable form a register of officers and employees.
(g) To provide that men laid off because of curtailment of expenditures, reduction in force, and for like causes shall be the last man or men, including probationers, that have been appointed to said fire department, all recent appoints to said fire department, until such reductions

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necessary shall have been accomplished; further provide, that in the event the said fire department shall again be increased in numbers the said firemen suspended under the terms of this subsection of this Act shall be reinstated before any new appointments to said fire department shall be made.
(h) To keep such records as may be necessary for the proper administration of this Act.

Section 6. For the benefits of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this Act, all persons coming under the provisions of this Act and holding a position in the fire department except the Chief thereof, when this Act takes effect, are hereby declared appointed under civil service to the offices, places, positions or employments which they shall then hold, respectively, without examination or other Act on their part; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation.

Section 7. (a) An applicant for a position of any kind under civil service, must be a citizen of the United States of America and an elector of the County in which he resides, who can read and write the English language and must have been a resident of such city for at least one year.
(b) An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the chief of the fire department may deem advisable.

WEDNESDAY, MARCH 10, 1937.

1515

Section 8. No person shall be eligible to be appointed for Lieutenant until he has served three years as a member of said department and no person shall be eligible for appointment for Captain until he has served three years as a Lieutenant in said Department, and no person shall be eligible for appointment as Assistant Chief until he has served three years as Captain in the said department and no person shall be eligible for Chief until he shall have served (10) years in said fire department.

Section 9. Members of said fire department shall receive full pay for time lost while sick for thirty (30) days of continuous sickness, any further pay allowance for said sickness shall be subject to the approval of the Board of Fire Masters.

Section 10. The tenure of every one holding an office, place, position or employment under the provisions of this Act shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or such other special privileges for any of the following reasons:
(a) lncompentency, inefficiency or inatt~ntion to or dereliction of duty.
(b) Dishonesty, intemperance, immor:al conduct, insubordination. Discourteous treatment of the public, or a fellow employe, or any other Act of omission or commission tending to injure the public service; or any other wilful failure on the part of the employe to properly conduct himself, or any wilful violation of the provisions of this Act or the rules and regulations to be adopted hereunder.
(c) Mental or physical unfitness for the position which the employe holds.
(d) Dishonesty, disgraceful, immoral or prejudicial conduct.

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(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit-forming drugs, liquid or preparation to such extent that the use thereof will interfere with the efficiency of mental or physical fitness of the employe, of which precludes the employe from properly performing the functions and duties of any position under civil service.
(f) Conviction of a felony, or a misdemeanor, involving moral turpitude.
(g) Any other Act or failure to Act which in the judgment of the Board of fire masters is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.
(h) No employee shall be discriminated against for the exercise of his constitutional rights in connection with his employment.

Section 11. No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this Act, shall be removed, suspended, demoted or discharged except for cause, and only upon the written accusation of the Chief of the Fire Department or a member of the Board of Fire Masters or any citizen or taxpayer, a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the Board. The Chief of the Fire Department may suspend a member pending the confirmation of the suspension by the Board of Fire Masters. Any petson so removed, suspended, demoted or discharged may within ten days from the time of his removal, suspension, demotion, or discharge, file with the Board a written demand for an investigation, whereupon the Board shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political, personal or religious reasons and was or was not made in

WEDNESDAY, MARCH 10, 1937.

1517

good faith for cause. After such investigation the Board may, if in its estimation the evidence is conclusive, affirm the removal, or if it shall find that the removal suspension, or demotion was made for political, personal or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or re-employment of such person in the office, place, position or employment of such person in the office, place, position, or employment from which a such person was removed, suspended, demoted or discharged, which reinstatement shall, if the Board so provides in its discretion, be retroactive, and entitled such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The Board upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge, may modify the order of removal, suspension, demotion or discharge by directing suspension, without pay, for a given period and subsequent restoration or duty, or demotion in classification, grade, or pay; the findings of the Board will be certified, in writing to the Chief of the Fire Department and shall be forthwith enforced by such officer.

All investigations made by the Board pursuant to the provisions of this section shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel and presenting his defense. If such judgment or order be concurred in by the Board or a majority thereof their action is final.

Section 12. It shall be the duty of all officers and em-
ployees of any such City to aid in all proper ways of carrying out the provisions of this Act, and such rules and regulations as may, from time to time, be prescribed by the Board thereunder and to afford the Board, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents and accounts apply-

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ing or in any way appertaining to any and all offices, places, positions and employments, subject to civil service and also, to produce said books, papers, documents, accounts, and attend and testify, whenever required so to do by the Board or any Board member.

Section 13. Leave of absence, without pay, may be granted by the Chief of the Fire Department to any person under civil service; provided, that such Chief of the Fire Department shall give notice of such leave to the Board of Fire Masters. All temporary employment caused by leaves of absence shall be made in the same manner as other appointments to such Fire Department.

Section 14. It shall be the duty of the Board to begin and conduct all civil suits which may be necessary for the proper enforcement of this Act and of the rules of the Board. The Board shall be represented in such suits by the regular City Attorney, of such City, but such Board may in any case be represented by special counsel appointed by it.

Section 15. No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose.

Section 16. The various ctttes affected by the provisions of this Act, shall, immediately upon the taking

WEDNESDAY, MARCH 10, 1937.

1519

thereof, enact appropriate legislation for carrying this Act into effect, and the failure upon the party of the duly constituted authorities of any such city so to do shall be considered a violation of this Act and be punishable as such.

Section 17. The duly constituted authorities of each and every city coming within the purview of this Act, shall provide the Board with Suitable and convenient rooms and accommodations and cause the same to be furnished, heated and lighted and supplied with all office supplies, with equipment necessary to carry on the business of the Board and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in each such city coming within the purview of this Act; and the failure upon the part of the duly constituted authorities to do so, shall be considered a violation of this Act and shall be punishable as such.
Section 18. It shall be the duty of each Board appointed subject to the provisions of this Act, to immediately organize and see to it that the provisions thereof are carried into effect, and to the end to make suitable rules and regulations not inconsistent with the purposes of this Act, for the purpose of carrying the provisions thereof into effect; and the failure upon the. part of said Board or any individual member thereof to do so, shall be deemed a violation of this Act, and shall be punishable as such.
Section 19. Any person who shall wilfully violate any of the provisions of this Act shall be deemed guilty of a misdemeanor.
Section 20. As used in this Act, the following mentioned terms shall have the following described meaning:
The term 'Board' means the Board of Fire Masters appointed by the Mayors in such cities affected by this Act.

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The terms 'Board Member' means any member of the Board of Fire Masters so appointed.
The term 'Appointment' includes all means of selection, appointment or employing any person to hold any office, place, position or employment subject to civil service.
The term 'City' includes all cities, towns, and municipalities in the State having a population in excess of 200,000 according to the last or any future federal census.

Section 21. If any section, subsection, subdivision, sentence, clause or phrase of this Act, shall for any reason be held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this Act.

Section 22. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed in so far as they conflict with the provisions of this Act.
The substitute by Senator Millican and Senator Lindsay was adopted.
The report of the committee, which was unfavorable to the passage of the bill, was disagreed to February 26, 1937.
On the passage of the bill, by substitute, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

By Senator Patten of the 6th District-
Senate Bill No. 198. A bill to amend Section 32-1008 of the 1933 Code relating to the removal of county schools superintendents, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.

WEDNESDAY, MARCH 10, 1937.

1521

The bill having received the requisite constitutional majority was passed.

By Messrs. Trippe and Mundy of Polk-
House Bill No. 624. A bill to repeal an Act approved March 24, 1933, entitled an Act to amend an Act approved December 13, 1898, amending and consolidating the several Acts incorporating the City of Cedartown, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 604. A bill to fix the salaries of the Judges of the Municipal Court of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harrell of Brooks-
House Bill No. 579. A bill to amend an Act approved December 26, 1888, entit_led "An Act to establish a system of public schools in the town of Quitman," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1522

JouRNAL OF THE SENATE,

On the passage of the bill, the ayes were 33, the nays 0.
The hill having received the requisite constitutional majority was passed.
By Mr. DeFoor of McintoshHouse Bill No. 373. A bill to reduce the official bond
of the sheriff of Mcintosh County, and for other purposes. The report of the committee, which was favorable to the
.passage of the bill, was agreed to.
'
On the passage of t~e hill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 527. A hill to provide a teacher tenure for the Richmond County public school system; to provide for those eligible for teaching therein; and for other purposes.
The report uf the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the House having been established as a special order of business for the day was taken up for consideration:

By Messrs. Kendrick of Fulton and Lanier of Richmond-
House Bill No. 169. A bill to amend Title 54, Chapter 54-1 of the Code of 1933 by striking the entire chapter, and substituting therefor a new section, and to create the office of Commissioner of Labor, and prescribe the duties of said Commissioner, and for other purposes.

WEDNESDAY, MARCH 10, 1937.

1523

Senator Hardman of the 33rd District asked unanimous consent that the printed copy of the substitute be established as the official committee substitute for House Bill No. 169 on account of interlineations on the original substitute. The consent was gran ted.

Senator Millican of the 35th District asked unanimous consent that House Bill No. 169 be considered section by section and the consent was granted.

The committee offered the following substitute for House
aill No. 169:

SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 169.
To be entitled an Act to provide for the establishment of a Department of Labor; to abolish the Department of Industrial Relations and all offices therein; to create the office of Commissioner of Labor and to define the duties of sa\d Commissioner as administrative head of the Department of Labor; to provide for the arbitration and conciliation of labor disputes; to authorize the Commissioner of Labor to make investigations and to collect statistics relating to labor conditions; and to make inspections for the purpose of enforcing the labor laws of the State of Georgia; to create an Industrial Board; to empower such Board to make rules relating to health and safety in places of employment; to provide a proper procedure for review of such rules; to provide penalties for the proper enforcement of this Act and to repeal all laws in conflict herewith, and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Definitions. That, whenever used in this Act, "employer" includes every person, firm, corporation, partnership, stock association, agent, manager, representa-

1524

JouRNAL oF THE SENATE,

tive, or foreman, or other persons having control or custody of any representative, place of employment or of any employees, except agricultural and domestic labor, and those employers having less than eight employees. The Naval Stores business shall be classified as agricultural.

Section 2. Repeal. That Sections 54-101 to 54-115, inclusive of Chapter 54-1 of Title 54 of .the Georgia Code of 1933, establishing a Department of Industrial Relations, providing for the election of the Commissioner of Commerce and Labor and the appointment of Directors and personnel of the Department, and describing the duties of the Department, and also an Act of the General Assembly of Georgia of 1935, Page 107, entitled" An Act to amend Title 54 ("Industrial Relations") Chapter 54-1 ("Department of Industrial Relations") Section 54-107 ("Commissioner of Commerce and Labor; election; term of office, vacancy of office") of the Code of Georgia of 1933, by providing a term of office of four years for the Commissioner of Commerce and Labor; and for other purposes", be hereby repealed.

On and after the effective date of this Act, the Department of Industrial Relations shall be abolished with the respective offices therein created, that within 60 days after such effective date, the Commissioner of Commerce and Labor shall submit to the Governor a report of the activities of the Department of Industrial Relations for the portion of the year 1937 during which the said Department was in existence. In lieu of the aforesaid Department a Department of Labor shall be organized as follows:

Section 3. Department of Labot Established. There is hereby created and established a separate and independent administrative agency to be known as the Department of Labor. The said Department herein established shall have all the powers and perform all the duties heretofore vested by law in the Department of Industrial Relations except as otherwise provided. On and after the effective date of the

WEDNESDAY, MARCH 10, 1937.

1525

Act, any reference to the Department of Industrial Relations in any law shall be deemed to refer to the Department of Labor, and any reference to the Commissioner of Commerce of Labor or to the Directors designated pursuant to Sections 101 imd 102 of the Act approved August 28, 1931, appearing in the .Acts of 1931, page 42, and being Sections 54-101 and 54-102 of Chapter 54-1 of Title 54 of the Georgia Code of 1933, to manage the Department of Industrial Relations, shall be deemed to refer to the Commissioner of Labor herein created or the Industrial Board and its members respectively. All sections of the Georgia Code of 1933, and all Acts or parts of Acts of the Georgia Session Laws relating to the said Department of Industrial Relations; the Commissioner of Commerce and Labor and the Directors of said Department are hereby amended accordingly; except that in Section 114-9901, Chapter 114-99, of Title 114, the term "directors" shall be deemed to refer to the Commissioner of Labor herein created.

Section 4. Commissioner of Labor. The Department ofLabor shall be under the direction and supervision of a Commissioner to be known as Commissioner of Labor. Such Commissioner shall devote his full time to the duties of his office and shall not hold any other office during his term of office. Said Commissioner shall be elected by those ,persons entitled to vote for the members of the General Assembly, and his term shall be for two (2) years except that the Governor shall appoint the Commissioner of Labor to serve until the next general election in 1938, if and when this Act shall become effective. Should a vacancy occur in said office the Governor shall be empowered to appoint any individual to fill an unexpired term of the Commissioner of Labor. The salarv of said Commissioner shall not exceed the sum of Five Thousand Dollars ($5,000.00) per annum and the same shall not be changed during the Commissioner's term of office. The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office, "The Commissioner may be removed by the

1526

JouRNAL oF THE SENATE,

Governor for neglect of duty or malfeasance in office, provided written charges are served upon the Commissioner at least ten (10) days prior to a hearing thereon before the Governor and the Constitutional Officers of this State, and provided further a majority shall find that" the Commissioner is guilty of the charges preferred under the provisions of this Act, but for no other cause." The Commissioner shall have charge of the administration and enforcement of all laws, rules and regulations which it is the duty of the Department to administer and enforce, except as provided in the next section hereof and shall direct all inspections and investigations except as otherwise provided_.

Section 5. Industrial Board. (a) There is hereby created and established within the Department of Labor an Industrial Board, composed of three (3) members who shall be appointed by the Governor, by and with the advice and consent of the Senate. The present incumbent of the office of Commissioner of Commerce and Labor (hereafter to be known as Chairman of the Industrial Board) shall serve as Chairman of said Board for the unexpired portion of his term, "for which he was elected and his salary shall be $4,800 per annum. The Board herein created shall have all the power and authority heretofore vested in the Department of Industrial Relations for the administration of the Workmen's Compensation Act."
Provided, that nothing in this Act shall affect the term of office of any member or Director of the present Department of Industrial Relations whose term of office has heretofore been confirmed by the State Senate. Upon the expiration of the present incumbent's term, the Governor shall appoint such chairman in accordance with the provisions of Section 6. Of the other two original members of the Industrial Board, one shall be appointed for a term of two years and the other for a term of three years, and their successors shall be appointed for terms of four years each. Any individual chosen to fill a vacancy shall be appointed only for the un-

WEDNESDAY, MARCH 10, 1937.

1527

expired term of the member whom he shall succeed. The Chairman of the Board shall represent the interests of the public, one member of said Board to be appointed by the Governor shall be a person who on account of his previous employment, or affiliation, shall be classified as a representative of employers, and one of such appointees shall be a person whose previous employment has been in a class subject to the provisions of the Workmen's Compensation law, regardless of whether the employment has been with a person, firm, or corporation coming within the operation of , the Workmen's Compensation Law. The Commissioner of Labor shall be ex-officio member of the Board but shall have no vote. The members of the Industrial Board, as well as the Commissioner of Labor, shall before entering upon the duties of their respective offices, take an oath for the faithful discharge of their duties. Any member of the Industrial Board may be removed by the Governor for neglect of duty or malfeasance in office, provided written charges are served upon the "member" at least ten (10) days prior to a hearing thereon before the Governor and the Constitutional Officers of this State, and provided further a majority shall find that the "member" is guilty of the charges preferred under the provisions of this Act or if he ceases to represent the interests on whose behalf he was appointed, but for no other cause.
(b) The annual salaries of the members of the Board, shall not be changed during the term of office of such member. The salary of each member except the Chairman, is fixed at $4,000.00 per annum.
(c) The Industrial Board shall exercise all the powers and perform all the duties relating to the enforcement of the Workmen's Compensation Law, heretofore in the Department of Industrial Relations, and in the Directors of said Department, by the provisions of Title 114 of the Georgia Code of 1933, as amended, except those powers and duties which are purely administrative in character and which are vested in the Commissioner of Labor under this Act.

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JouRNAL OF THE SENATE,

(d) The Industrial Board may adopt a proper procedure to govern the exercise of its functions and hearings before the Board.

Section 6. Appointment of Chairman of the Industrial Board. Upon the expiration of the term of the present incumbent of the office of Commissioner of Commerce and Labor (hereafter to be known as Chairman of the Industrial Board pursuant to Section 3, of this Act) the vacancy in the office of Chairman of the Industrial Board shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, and the appointee shall hold his office for four years and until his successor shall have been appointed and shall have qu:J.lified. Any vacancy in the office shall be filled by the Governor for the unexpired portion of the term.
(b) The provisions of this Act shall not change the salary of the present Chairman of the Industrial Board which shall remain the same during the present incumbent's term of office.

Section 7. Office. The Commissioner of Labor shall keep and maintain the office of the Department of Labor in the City of Atlanta, Georgia, and shall be provided with suitable rooms, necessary furniture, stationary, books, periodicals, maps, instruments and other necessary supplies; the expense thereof to be paid by the State in the same manner as other similar expenses are paid. The Commissioner, the members of the Industrial Board and the employees of the Department of Labor shall be entitled to receive from the State their necessary and actual expenses for travelling on business of the Department, either within or without the State of Georgia. Such expenses shall be paid by the State in the same manner as other similar expenses are paid.

Section 8. Division of Department. (a) The Commissioner of Labor, by and with the approval of the Governor,

WEDNESDAY, MARCH 10, 1937.

1529

may set up within the Department of Labor such divisions or bureaus as he may deem necessary for the exercise of the powers and the performance of the duties of the Department, except as otherwise provided.
(b) The Commissioner is authorized and empowered by and with the approval of the Governor, to appoint a secretary, the head of all divisions or bureaus and such other employees as may be needed, and to assign them their duties and fix their annual salaries. Provided, however, that no appointment shall be made whereby the aggregate salaries of the appointees are in excess of the amount appropriated by the Legislature for salaries within the Department of Labor. Moreover, the Commissioner may remove from office any officer or employee in the Department upon notice and hearing, for neglect of duty or malfeasance in office.

Section 9. Duties and Power of Commissioner. In addition to such other duties and powers as rnay be conferred upon him by law, the Commissioner of Labor shall have the power, jurisdiction, and authority:
(a) To superintend the enforcement of all labor laws in the State of Georgia, the enforcement of which is not otherwise specifically provided for, and all rules and variations made pursuant to Sections 11 and 13 of this Act;
(b) To make or cause to be made all necessary inspections to see that all laws and rules made pursuant thereto which the Department has the duty, power and authority to enforce, are promptly and effectively carried out;
(c) To make investigations, collect and compile statistical information and report upon the conditions of labor generally, and upon all matters relating to the enforcement and effect of the provisions of this Act and of the Rules issued thereunder;

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JouRNAL oF THE SENATE:,

(d) To propose to the Industrial Board such rules, or changes in rules, as he may deem advisable for the prevention of accidents or the prevention of industrial or occupational diseases in every employment or place of employment, and such rules, or changes in rules, for the construction, repair and maintenance of places of employment, places of public assembly, and public buildings as he may deem advisable to render them safe. The Commissioner may appoint committees composed of employers, employees, and experts to suggest rules or changes therein;

(e) To do all in his power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employees, and to avoid the necessity of resorting to strikes, picketing, lockouts, boycotts, black list, discriminations, and legal proceedings in matters of employment In pursuance of this duty, the Commissioner may appoint temporary boards of arbitration, provide necessary expenses of such boaws, order reasonable compensation not exceeding $7.00 per day for each member engaged in such arbitration, prescribe rules for such arbitration boards, conduct investigations and hearings, publish reports and advertisements, and may do all things convenient and necessary to accomplish the purpose of the Act. The Commissioner may designate a mediator and may detail employees or persons not in the Department from time to time to act as his assistants for the purpose of executing such provisions. Employees of the Department of Labor shall act on temporary boards without extra compensation:
(f) To supervise the business of private employment agencies and intelligence bureaus and as frequently as may be necessary to examine into the condition of each such agency or bureau. The Commissioner shall require each agent to make application for license to do business, which application must be endorsed by two taxpayers in the county where such agency proposes to conduct business, said license to be granted by the Commissioner upon the

WEDNESDAY, MARCH 10, 1937.

1531

payment to the State of such tax as may be charged, and the filing of a bond in the sum of $500 for the faithful performance of duty, said license to be .renewed annually. The Commissioner shall require each agency to report to him once a month in writing, showing the names, addresses and number of persons for whom positiqns were secured, where secured, the kind of position, the pay of same, the amount of fee collected and the amount still to be collected. Nothing in this paragraph shall authorize any employment agency or persons with such agency, or any employee thereof, to act as an emigrant agent. If any agent shall be found to be violating the law, it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for prosecution and to cancel the license of such agency to do business.

(g) To exercise jurisdiction over such person, firm or corporation acting as an emigrant agent or agency, hereinafter referred to as emigrant agent. The Commissioner shall require each emigrant agent to make application for license to do business, said application to be endorsed by two taxpayers and accompanied by a bond of $1000 for the faithful performance of du.ty, and the payment of such tax as may be required by law. Each emigrant agent shall make a daily report to the Commissioner, showing the names, addresses and number of people carried out of the State, the points to which they have been carried, the kind and character of work secured for them, the pay to be received by them, the fee charged them or to be collected and from whom. The emigrant agent shall show clearly by whom employed, if paid a salary, or from whom he receives a commission, and how much. The Commissioner shall inspect the office and work of each emigrant agent as often as may be necessary and, if any emigrant agent shall be found to be violating the law, it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for the prosecution and to cancel the license to do business. Each emigrant agent

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JouRNAL OF THE SENATE,

must secure annually a license to do business. In comtemplation of this section, an emigrant agent is any person who shall solicit or attempt to procure labor in this State to be employed beyond the limits of same.

.Section 10. Employer's Duty as to Safety. (a) Every employer shall furnish employment which shall be reasonably safe for the employees therein and shall furnish and . use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees; provided that as used in this Act, the term "safe" or "safety". as applied to any employment or place of employment shall include conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, and welfare of employees.
(b) Every employer and every owner of a place of employment, place of public assembly, or public building, now or hereafter constructed, shall so construct, repair, and maintain the same as to render it reasonably safe.

Section 11. Public Hearing on Proposed Rules. Before any rule is adopted, amended or repealed, there shall be a public hearing thereon, notice of which shall be published at least once not less than ten days prior thereto in such newspaper or newspapers as the Industrial Board may prescribe.

Section 12. Effective Date of Rules; Publication. (a) The rules and all amendments and repeals thereof shall unless otherwise prescribed by the Board, take effect twenty days after the first publication thereof and certified copies thereof shall be filed in the office of the Secretary of State.
(b) Every rule adopted and every amendment or repeal thereof shall be published in such manner as the Board may

WEDNESDAY, MARCH 10, 1937.

1533

determine and the Board shall deliver a copy to every person making application therefor. The Commissioner of Labor shall include the text of such rule, or amendment thereto, in an appendix to the annual report of the Department of Labor next following the adoption or amendment of such rule.

Section 13. Variations. If there shall be practicable difficulties or unnecessary hardships in carrying out a rule of the Industrial Board, the Board may, after public hearing, make a variation from such requirement if the spirit of the rule and law shall be observed. Any person affected by such rule, or his agent, may petition the Board for such variation stating the grounds therefor. The Board shall fix a day for a hearing on such petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept in the office of the Department of Labor and open to public inspection.

Section 14. Petition and Hearing. (a) Any person in interest, or his authorized agent may petition the Board for a review of the validity or reasonableness of any rule made under the provision of this Act.
(b) The petition shall be verified, shall be filed with the Board and shall state the rule proposed to be reviewed and in what respect it is claimed to be invalid or unreasonable. The Board may join in one proceeding all petitions alleging invalidity or unreasonableness of substantially similar rules. The filing of such petition shall operate to stay all proceedings under such rule until the determination of such review.
(c) The Board shall order a hearing if necessary to determine the issue raised, or if the issues have been considered in a prior proceeding, the Board, without hearing, may confirm its previous determination. Notice of the time and place of hearing shall be given to the petitioner and to such other persons as the Board may determine.

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JouRNAL oF THE SENATE,

(d) If the Board finds that the rule is invalid or unreasonable, it shall revoke or amend the same.

Section 15. (a) Review of Rules. Any employer, owner, or other person in interest being dissatisfied with any rule of the Board may, commence an action in the Superior Court of the County wherein such employer, owner, or other person in interest, resides, or has his or its principal place of business against the Department of Labor as defendant to enjoin and set aside any such rule on the ground that the rule is unlawful or that any such rule is unreasonable, in which action the defendant shall be served with a copy of the complaint. Service of the complaint may be made by serving a copy or second original by the sheriff or any deputy sheriff of any county wherein the Commissioner of Labor may be found, and service shall be made upon such Commissioner of Labor.

Section 16. Duty to Furnish Information-Keeping of Records. Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by him, and of the daily and weekly hours worked by each such person and of the wages paid such pay period to each such person. Such records shall be kept on file for at least one year after the date of the record. No employer shall make or cause to be made any false entries in any such record.

Section 17. Enforcement. It shall be the duty of the Attorney General of the State and the solicitors general of their respective judicial circuits, upon request of the Commissioner of Labor, or any of his authorized representatives, to prosecute any violation of the law which is made the duty of the said Commissioner to enforce.

Section 18. Penalty. (a) Any employer, or owner, who violates or fails or refuses to comply with any provisions of this Act within the time prescribed, or any judg-

WEDNESDAY, MARCH 10, 1937.

1535

ment or decree made by any court in connection with the provisions of the Act for which no penalty has been otherwise provided, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty ($20) dollars nor more than two hundred ($200) dollars, or shall be imprisoned for not exceeding six months, or both so fined and imprisoned for each such offense; provided, that any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Commissioner of Labor or his authorized representatives, or to any member of the Industrial Board, shall be deemed guilty of perjury.
(b) Any employer or owner who violates, or fails or refuses to comply with any rule of the Industrial Board shall be fined not less than ($20.00) and not more than ($200.00) for each offense.

Section 19. Annual Report-Recommendation as to Legislation Needed. The Commissioner of Labor shall annually, on or before the first day of January, file with the Governor a report covering the activities of the Department of Labor, accompanied by recommendations with reference to such changes in the law, applying to and affecting induStrial labor conditions, as the Commissioner of Labor may deem advisable. The report of the Commissioner shall be printed and distributed in such manner as the Governor shall authorize.

Section 20. Transfer of Records, Files, etc. and ApprOpriations. Upon the effective date of this Act, all records, papers, files, property and pending business of the Department of Industrial Relations or any other governmental agency the powers of which have been transferred to the Department of Labor, the Commissioner of Labor, or to the Industrial Board by the provisions of this Act, shall become the records, papers, files, property and pending

1536

JOURNAL OF THE SENATE,

business of the Department of Labor, and ail unexpended funds and appropriations of the Department of the Industrial Relations and other governmental agencies shall become funds and appropriations available to be expended by the Commissioner of Labor in the exercise of rights, powers, and duties conferred upon the Department of Labor, the Commissioner of Labor or the Industrial Board by this Act.

Section 21. Pending :Litigation. Nothing in this Act shall be construed to affect pending litigation growing out of, connected with, or based upon proceedings under the workmen's compensation law, and all indictments, prosecutions, suits and other proceedings relating to the labor laws of the State of Georgia in any of the courts shall be prosecuted to final judgment and execution.

Section 22. Nothing in this Act contained shall apply to any railroad company the principal motive power of which is steam or to the employees of any such railroad company.

Section 23. Separability. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Section 24. Repeal. All laws and parts of laws m conflict with this Act are hereby repealed.

Senator Hardman of the 33rd District offered the following amendments to the Committee Substitute to House Bill No. 169:
To amend by striking the word "representative" from Section 1, in line 3 of the substitute.
The amendment was adopted.

WEDNESDAY, MARCH 10, 1937.

1537

To amend by striking from Section 4 the following complete sentence which appears on lines 10 and 11: "The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office."

To amend by striking the quotation marks which appear in Sections 4 and 5.

By striking the words "Section 3" as they appear in Section 6, and substituting in lieu thereof: "Section 5".

By adding in Section 16 immediately after the word "paid", as the same appears in line 4, the word "during".

Senator Sammon of the 51st District moved that House Bill No. 169, the committee substitute, and amendments thereto be tabled and the motion prevailed.
The following report of the Conference Committee on House Bill No. 18, known as the Highway Patrol Act, was submitted, read and adopted:

REPORT OF CONFERENCE COMMITTEE OF THE HOUSE AND SENATE ON HOUSE BILL NO. 18 KNOWN AS THE HIGHWAY PATROL BILL.
1.
The House agrees to the Senate Amendment No. 1 offered by Senator Atkinson of the 1st and others by striking the words in Article 1, Section 1, line 5 of the printed bill after the word "chairman" as follows: "of the Secretary of State, the Treasurer of the State of Georgia, the ComptrollerGeneral of the State of Georgia, and the State Superintendent of the Schools," and adding in lieu thereof the following words: "the chairman of the Revenue Commission, the Chairman of the Highway Board, the Comptroller-General of the State of Georgia."

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JouRNAL OF THE SENATE,

2.
The House agrees to the amendment by Senator Lindsay of the 34th District shown as Senate Amendment No. 2 amending Article 1, Section 3, line 12 of the printed bill by striking the word "sixty" and inserting in lieu thereof the word "fifty".

3.
The House agrees to Senate Amendment by Senator Lindsay shown as No. 3 to Article 1, Section 5, line 13 of the printed bill by striking the words "fifty-five" and inserting in lieu thereof "fifty".

4 and 5.
The Senate recedes from its Amendment No. 4 shown as Committee Amendment to Article 2, Section 3, Paragraph 3 and also recedes from its Amendment No. 5 to the same article and section as offered by Senators Lindsay of the 34th District and Phillips of the 29th District and your conferees have combined the two said amendments and amend Article 2, Section 3, Paragraph 3, line 16 of the printed bill by adding after the word "shall" the words "possess a high school education or its equivalent thereof and shall" so that said sentence when amended shall read as follows: "In addition to the other qualifications named such applicant for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent thereof and shall pass a mental and physical examination, etc."

6.
The House agrees to the amendment offered by Senator Millican of the 35th District shown as Senate Amendment No. 6 amending Article 2, Section 3, line 4 of the printed bill by striking the word "twenty-one" and inserting in lieu thereof "twenty-five".

WEDNESDAY, MARCH 10, 1937.

1539

7.
The House agrees to the Senate Amendment by Senator Sutton of the 47th District shown as No. 7 amending Article 2, Section 12 of the printed bill by striking from lines 5 and 6 the following: "and may accept in the name and behalf of the State of Georgia gifts of property for such purposes" and inserting in lieu thereof the following "and the Department of Public Safety is authorized to accept In the name and behalf of the State of Georgia any property, equipment, or service that may be donated for use at head- quarters, any division or district thereof, which may be of value to any division of the Department of Public Safety".

8.
The House agrees to Senate Amendment No. 8 by Senator Whitehead of the 30th District to Article 4, Section 7, line 2 by adding after the word "person" the following words "or in his car" so that said line when amended shall read "to carry such license upon his person or in his car, etc."

9.
The House agrees to Senate Amendment No.9 by Senator Lindsay of the 34th District to Article 4, Section 7, line 8 of the printed bill by inserting after the word "when" the words "while driving a" so that said line when amended shall read "when, while driving, a request is made by any legal officer, etc.".

10.
The Senate recedes from its amendment shown as No. 10 by Senator Millican of the 35th District to Article 4, Section 10, line 6 of the printed bill and your conferees amend Article 4, Section 10, line 6 by adding after the word "act" the following: "A copy of rules and regulations shall be furnished each person when a licensed is issued".

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JouRNAL OF THE SENATE,

11.
The House agrees to Senate Amendment No. 11 by Senator Millican of the 35th District to Article 4, Section 10, line 4 of the printed bill by adding after the word "gazette" the words "in each congressional district" so that said sentence shall read "in some public gazette in each congressional district, etc."

12.
The Senate recedes from its Amendment No. 12 offered by Senator Pruett of the 32nd District to Article 4, Section 13, line 9, and your conferees amend said Section by striking lines 9, 10 and 11 of Article 4, Section 13 and inserting in lieu thereof the following: "The Clerk of the Courts of this State shall furnish to the Department of Public Safety a transcript of each case involving an offense under the provisions of this Act on a form to be provided by the Department of Public Safety upon the payment by such Department of the customary fee".

13.
The House agrees to Senate Amendment No. 13 by Senator Lindsay of the 34th District to Article 4, Section 16 by adding at the end of line 7 the following: "It shall be the duty of the Department of Public Safety or whatever authority is vested with the duty of examination of applicants or issuing Driver's License to maintain at all times in every county facilities for the issuance of such licenses or permits".

14.
The House agrees to Senate Amendment No. 14 of the printed bill offered by Senator Millican of the 35th District to Article 2, Section 3, line 5 after the word "enlistment" by striking the words "except that in organizing the Uniform Division the Commissioner of Public Safety shall

WEDNESDAY, MARCH 10, .1937.

1541

be authorized to enlist not more than twenty-five per cent of such personnel above the maximum age but not more than fifty years at the time of enlistment".

15.
The House agrees to Senate Amendment No. 15 of the printed bill by Senator Lindsay of the 34th District to Article 2, Section 9, line 9 by inserting after the words "Public Safety" the following words "with the consent and approval of the Department of Public Safety".

16.
The House agrees to Senate Amendment No. 16 by Senator Millican of the 35th District to Article 2, Section 9, lines 8 and 9 of the printed bill by striking the words "Commissioner of the Department of Public Safety" and inserting in lieu thereof the words" State Purchasing Agent" and by further amending the same Section, line 13 by striking the words "Commissioner of Public Safety" and inserting in lieu thereof the words "State Purchasing Agent".

17.
The Senate recedes from its amendment shown as No. 17 by Senator Thrasher of the 27th District to Article 2, Section 10, line 6 of the printed bill which states "that only funds from automobile Driver's Licenses shall be used for this purpose".

18.
The House agrees to Senate Amendment No. 18 by Senator Williams of the 5th District to Section 10, Article 2 by striking from line 8 of the printed bill the words" County of Fulton".

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JouRNAL oF THE SENATE,

19.
The House agrees to Senate Amendment No. 19 by Senator Lindsay of the 34th District to Article 2, Section 14, line 19 of the printed bill by adding after the word "fugitive" the following words "or is likely to be a fugitive on account of a crime committed".

20.
The House agrees to Senate Amendment No. 20 by Senator Lindsay of the 34th District to Article 2, Section 14, line 23 of the printed bill by striking the word "their" and inserting in lieu thereof the word" any".

21.

The Senate recedes from its Amendment No. 21 by Senator Pope of the 7th District to Article 2, Section 14, line 9 of the printed bill, and your conferees offer the following amendments in lieu thereof:

By striking that part of Article 2, Section 14 beginning on the 9th line of the printed bill, page 11 with the words, "They shall have power, etc." and ending with the 14th line of said paragraph, and by substituting therefor the following:

"They shall not exercise any power of arrest except for

offenses arising for violation of the traffic laws, or laws

regulating the use, ownership and control of motor vehicles,

or for offenses committed upon the highways of the State.

Provided, that upon request of the governing authorities

of the municipality, or of the Sheriff of any county or of

the Judge of the Superior Court of any county of this

State, the Georgia State Patrol shall be authorized to

render such assistance as such authorities mav request in

any other criminal case."



Your conferees further amend House Bill No. 18, Article 2, Section 14, line 4 on page 11 of the printed bill by adding

WEDNESDAY, MARCH 10, 1937.

1543

after the words "criminal offenses", the words "appertaining thereto" so that said sentence when amended shall read: "and apprehend those charged with committing criminal offenses appertaining thereto, and to safeguard the lives and property of the public".

22.
The House agrees to Senate Amendment No. 22 by Senator Lindsay of the 34th District to Article 2, Section 15, line 21 of the printed bill by adding after the word "licensed" the words "and not overloaded".

23.
The House agrees to Senate Amendment No. 23 by Senator Lindsay of the 34th District to Article 2, Section 15, line 29 of the printed bill by adding the following words at the end of said section: "It shall be the further duty of said Georgia State Patrol to strictly enforce the statute laws of this State as to the length, size and weight of motor vehicles and trailers upon the highways."
24.
The House agrees to Senate Amendment No. 24 by Senator Pope of the 7th District to Article 4, Section 1, line 14, Sub-Paragraph 2 of the printed bill by striking the words "timbering or logging". Your conferees also amend the same Article, Section and Sub-Paragraph by striking from line 15 the words "or timber".

25.
The House agrees to Senate Amendment No. 25 by Senator Whitehead of the 30th District to Article 4, Section 2, line 8 of the printed bill by striking the figures "21" and inserting in lieu thereof the figures "18" so that the same will read" 18 years of age".

1544

JouRNAL oF THE SENATE,

26.
The House agrees to Senate Amendment No. 26 by Senator Lindsay of the 34th District to Article 4, Section 3, line 7 of the printed bill by adding after the word "permit" the following words "and if no parent or guardian the affidavit may be made by any responsible person".

27.
Your committee recommends that the Senate recede from the Committee amendment shown as No. 27 and your conferees amend Article 1, Section 1 by adding after the first paragraph the following, "And one member be selected by the Governor from a list of ten nominations made by the Georgia Peace Officers Association."

So that said Article 1, Section 1 and Paragraph 1 shall read after all amendments have been added as follows:
"There is hereby created and established as a part of the Executive Branch of the State of Georgia a department which shall be known as 'The Department of Public Safety'. It shall be composed of the Governor of Georgia as Chairman, the Chairman of the Revenue Commission, the Chairman of the Highway Board, the ComptrollerGeneral of the State of Georgia, and one member to be selected by the Governor from a list of ten nominations made by the Georgia Peace Officers Association."

28.
The House agrees to Amendment No. 28 of the Senate Committee to Article 2, Section 6, second paragraph of the printed bill which strikes the words and figures "($200.00)" and inserting in lieu thereof"($100.00)" and by striking the words and figures "($600.00)" and inserting in lieu thereof "($300.00),.

WEDNESDAY, MARCH 10, 1937.



29.

1545

The House agrees to Amendment No. 29 of the Senate Committee to Section 8, Article 2, last paragraph of said section by inserting after the word "authorized" the words "with the approval of the Department of Public Safety".

30. .
The Senate recedes from its Amendment No. 30 to Article 2, Section 14 which added after the words "throughout this State" the words "to enforce the Motor Vehicle laws and traffic regulations on the Highways of this State and when called upon by local authorities" because words having the same effect have been added by Senate Amendment No. 21.

31.
The Senate recedes from its Amendment No. 31 by the committee to Section 14, Article 2 which sought to add after the word "City" in the third line of said paragraph the words "except for violation of the Motor Vehicle laws and traffic laws of this State", because words having the same effect have been added by Senate Amendment No. 21.

32.
The House agrees to amendment of Senate Committee No. 32 to Section 1, Article 3 which strikes the word "shall" in the last paragraph wherever it occurs in said section and adds in lieu thereof the word "may".

33.
The House agrees to amendment of Senate Committee No. 33 to second line of Section 7, Article 4 after the word "person" the following words, "except in cases of emergen- cies or for other good causes shown".

1546

JouRNAL OF THE SENATE,

34.
The House agrees to amendment by Senate Committee to page 19 of the printed bill, Article 4, Section 10 immediately following line 14 of that section which adds the following:
"Upon the conviction of any licensee hereunder in any court of competent jurisdiction in this State of any offense of driving a motor vehicle while intoxicated or driving a motor vehicle while engaged in a felony, or deliberately, wilfully or negligently violating any traffic law of this State, or any municipality thereof. The court trying the same is hereby given authority and jurisdiction upon such licensee being adjudged guilty to cancel or suspend the license of such defendant for such time and on such conditions as the court may deem proper, and in the event that the court should place such licensee under probation, it is hereby provided that the court shall retain jurisdiction of said case during the period of probation with the right and power to suspend or revoke the license as to the court may deem in keeping with the public safety. It shall be the duty of the Clerk of the Court trying the case to immediately transmit a certified copy of the sentence and judgment to the Department of Public Safety. The Clerk to receive his usual cost of such certificate."

35.
The House agrees to amendment of the Senate Committee No. 35 which adds at the end of Section 13 of Article 4 of the printed bill (page 20) the following:
"As each application is received by the Department of Public Safety and a license is issued, an exact copy of the application with the date the license is issued shall be immediately furnished the Sheriff of the county of the residence of the applicant or to that person or officer designated by the sheriff to receive the same. Provided, however, that upon request of the Mayor of an incorporated

WEDNESDAY, MARCH 10, 1937.

1547

city of this State, the Commissioner shall send a copy of the application of all residents of such city to the said mayor or a department of the City Government to be designated by him instead of to the Sheriff".

37.
The Senate recedes from its amendment by Senate Committee known as No. 37 to Section 17 of Article 4 which seeks to add the following:
"The provisions of Article 4 of this Act, or any part thereof may be suspended by the Governor of Georgia, pending the organization of the Department of Public Safety or in order to permit the granting of licenses without undue hardship upon applicants", since it appears that it is provided that the operations of the part of the Act relating to drivers' licenses does not become penal until after July 1, 1937.

38.
Your conferees amend the caption of this Act by inserting before the repealing clause the following:
"To authorize the Department of Public Safety to accept gifts of property, equipment or services in the name and in behalf of the State of Georgia which may be donated for use of such department or any division thereof; to provide for the revocation of licenses granted. under this Act by the court trying the defendant, to provide for the probation of offenders by the court with power to suspend, or revoke licenses, to require that copies of the sentence or judgment of the court be sent to the Department of Public Safety,

1548

JouRNAL oF THE SENATE,

and to provide a fee for the Clerk of Court sending such certificate."
Respectfully submitted, For the Senate: LINDSAY of the 34th District, PoPE of the 7th District, ATKINSON of the 1st District.

For the House: CocHRAN of Thomas, TRAPNELL of Candler, SuTTON of Wilkes.

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

Mr. President:
The House has passed by the requtsJte constitutional majority the following bills and/or resolutions of the House, and/or Senate, to-wit:

By Mr. Adams of Franklin-
House Bill No. 61. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Hill of Screven-
House Bill No. 129. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Dunn of PikeHouse Bill No. 131. A bill to amend the Highway

WEDNESDAY, MARCH 10, 1937.

1549

Mileage Act by adding a road to the State Aid System of roads.

By Mr. Harrison of Crawford-
House Bill No. 206. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Whipple of Bleckley-
House Bill No. 229. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Whipple of Bleckley-
House Bill No. 230. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Messrs. Herndon of Hart and Adams of Franklin-
House Bill No. 254. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.
By Messrs. Freeman, Weaver, and Horne of BibbHouse Bill No. 300. A bill to amend the Highway
Mileage Act by adding a road to the State Aid System of roads.
By Messrs. Freeman, Weaver, and Horne of Bibb-House Bill No. 301. A bill to amend the Highway
Mileage Act by adding a road to the State Aid System of roads.

By Messrs. Whaley of Telfair and Jones and Smith of Dodge-
House Bill No. 308. A bill to amend the Highway

1550

JOURNAL OF THE SENATE,

Mileage Act by adding a road to the State Aid System of roads.

By Mr. Oden of Pierce-
House Bill No. 395. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Clark of Catoosa-
House Bill No. 464. A bill to amend the Highway . Mileage Act by adding a road to the State Aid System of roads.

By Mr. Hodges of Liberty-
House Bill No. 473. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Messrs. Fitts of Madison and Adams of Franklin-
House Bill No. 501. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Adams of Franklin-

House Bill No. 528. A bill to amend the Highway

Mileage Act by adding a road to the State Aid System of

roads.

.

By Messrs. Sapp of Coffee, Corbett of Atkinson, Rawlins of Ben Hill, and others-
House Bill No. 534. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

WEDNESDAY, MARCH 10, 1937.

1551

By Messrs. Brewton of Evans and Hodges of Liberty-
House Bill No. 540. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Gross of Stephens-
House Bill No. 550. A ~ill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Drake of Seminole-
House Bill No. 556. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Messrs. Drake of Seminole and Bridges of Early-
House Bill No. 557. A bill to amend the Highway ,Mileage Act by adding a road to the State Aid System of roads.

By Mr. Adams of Franklin-
House Bill No. 585. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Messrs. Manry of Calhoun and Carmichael of Randolph-
House Bill No. 627. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mr. Thomas of Chattooga-
House Bill No. 629. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

1552

JouRNAL OF THE SENATE,

By Mr. Thomas of Ch~ttooga~
Hquse Bill No. 630. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Messrs. Hastings and Kendrick and Mrs. Mankin. of Fulton-
House Bill No. 645. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Senator Almand of the 50th District-
Senate Resolution No. 53. A resolution to designate the name of the William H. Crawford Highway.

By Senator Aultman of the 23rd District-
Senate Bill No. 58. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Senator Harrison of the 17th District-
Senate Bill No. 132. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.
By Senator Griner of the 45th District-
Senate Bill No. 147. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of roads.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 588. A bill to be entitled an Act to authorize Boards of County Commissioners to adopt build-

WEDNESDAY, MARCH 10, 1937.

1553

ing Codes, provide electrical, plumbing and building Inspectors and similar matters, and for other purposes.

By Mr. Horne of Bibb-
House Bill No. 628. A bill to be entitled an Act to increase the salaries of County Commissioners of Bibb County from six hundred to nine hundred dollars per year, and for other purposes.

By Mr. Gross of Stephens-
House Bill No. 666. A bill to be entitled an Act to repeal the Board of Roads and Revenues of Stephens County, and for other purposes.

By Mr. Gross of Stephens-:-
House Bill No. 667. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in Stephens County, and for other purposes.

ByMr. Moss of Gordon-
House Resolution No. 137-570a. A resolq.tion authorizing the State Librarian to furnish certain volumes to the offices of the Ordinary of Gordon County, and for other purposes.

By Messrs. Harris, Barrett, and Lanier of Richmond-
House Resolution No. 171-639b. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County, and for other purposes.

By Messrs. Harris, Lanier, and Barrett of Richmond-
House Resolution No. 172-639c. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County.

1554

JouRNAL oF THE SENATE,

By Mr. Adams of Franklin-
House Resolution No. 173-646a. A resolution authorizing the State Librarian to furnish certain volumes to Franklin County, and for other purposes.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Resolution No. 203. A resolution providing that a New Year's football game be played in Atlanta, and for other purposes.

By Senator Aultman of the 23rd District-
Senate Bill No.. 14. A bill to be entitled an Act to provide for holding three regular terms of the Superior Court of Peach County, and for other purposes.

By Senators Phillips of the 29th District, Griner of the 45th District, and others-
Senate Resolution No. 83. A resolution requesting the Iowa Assembly. to refuse to pass Senate Bill No. 150.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 14. A bill to increase mileage of State Aid System of roads.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 167. A bill to be entitled an Act to amend that certain Act adopted and approved March 1, 1933, entitled" An Act to enable the State Highway Department of Ga. to effectually carry out and put into effect the provisions of an amendment to the Georgia Constitution so as to authorize the governing of fiscal authorities of counties, and for other purposes.

WEDNESDAY, MARCH 10, 1937.

1555

By Mr. Dollar of Grady-
House Bill No. 170. A hill to amend an Act entitled Highway Mileage by adding a road to the State Aid System of roads.

By Messrs. Freeman, Horne, and Weaver of Bibb-
House Bill No. 191. A hill to he entitled an Act to amend Section 1141 of the Penal Code, contained in Parks Annotated Code, Volume 6, so as to provide for a salary for coroners in counties of not less than seventy-five thousand or more than a hundred thousand population, by the census of 1930, or any future census, and for other purposes.

By Messrs. Beck of Carroll and Moore of Haralson-
House Bill No. 330. A hill to he entitled an Act to amend an Act entitled Highway Mileage by adding a road to the State Aid System of roads. .

By Mr. Jones of Bartow-
House Bill No. 341. A hill to he entitled an Act to amend Chapter 106-3 of the 1933 Code of Georgia by adding thereto a new section, providing that nothing contained in said chapter shall work any forfeiture of any right of any civil action in the courts of this State, and for other purposes.

By Mr. Croker of Paulding-
House Bill No. 384. A hill to he entitled an Act entitled Highway Mileage by adding a road to the State Aid System of roads.

By Messrs. Corbett of Atkinson, Sapp of Coffee, and Swindle of Berrien-
House Bill No. 403. A hill to amend an Act entitled

1556

JouRNAL oF THE SENATE,

Highway Mileage by adding a road.to the State Aid System of roads.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 461. A hill to amend an Act entitled Highway Mileage by adding a road to the State Aid System of roads.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 553. A hill to be entitled an Act to provide for Civil Service for teachers and employees of the public school systems of all counties having a population in excess of 200,000, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 554. A hill to be entitled an Act to repeal "An Act to provide the duties, rights and powers of county boards of education, and for the management and control of public schools and educational matters, and for the consolidation of school management to be effective only in counties of this State wherein is now or hereafter situated wholly or in greater territorial part a city of more than two hundred thousand population," and for other purposes.
The following resolution of the Senate was read and adopted by a rising vote of the Senate:

By Senators Spivey of the 16th District, Atkinson of the 1st District, and others-
Senate Resolution No. 87.

WEDNESDAY, MARCH 10, 1937.

1557

A RESOLUTION
Whereas, during the morning of March 9, 1937, the home of the distinguished Senator from the 35th became brightened by the arrival of a bouncing baby boy of lOU pounds, and all of the Senate rejoices with its distinguished member upon the arrival of Everett, Junior.

Therrfore be it resolved that the Senate of Georgia extend its congratulations to Senator and Mrs. Everett Millican upon this new and glorious addi!ion to the family, with the hope that the son and heir may inherit the grace and charm of his mother, with the marked ability and pleasing personality of his distinguished father.

In token of our regard and esteem for his distinguished father, it is ordered that Everett Mi1lican, Junior, be and is hereby dec1ared. to be the official mascot of the Senate of Georgia for the 1937 session.

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

By Messrs. Simmons of Decatur and Dugas of White-
House Bill No. 5. A bill to amend Title 92 of the 1933 Code of Georgia by providing laws and regulations for collecting motor fuel- tax, etc., and for other purposes.
The committee offered the following amendments to House Bill No. 5:
To amend Section 92-1415, Sub-section A, line 12 after the word "mortgage" by striking the words "deeds to secure debt".
To amend Section 92-1407, Sub-section C, line 4 by striking the words "one-half of one" and substituting in lieu thereof the words "one and one-half".

1558

JouRNAL oF THE SENATE,

To amend Section 92-1403, Sub-section G, line 5 by striking the word "line" and substituting in lieu thereof the word "like".
To amend Section 92-1402, Sub-section C, line 2 by striking the words "or other type of".
To amend Section 92-1418, Sub-section B, line 5 by striking the word and figure "one (1)" and inserting in lieu thereof the word and figure "two (2) ".
To amend Section 92-1402, Section B, line 11 by striking the balance of said section after the word "highways".
The Committee amendments were adopted.

Senator Terrell of the 19th District asked unanimous consent that the Senate recess at 1:00 o'clock to reconvene at 2:00 o'clock, P.M., and remain in session until otherwise ordered by the Senate. The consent was granted.
The hour of 1:00 o'clock having arrived the President announced that the Senate stood recessed until 2:00 o'clock, P.M.
The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.
A sealed communication from His Excellency, the Governor was received through the Executive Secretary, Hon. Downing Musgrove.
Consideration of House Bill No.5, known as the" Bootleg Gasoline Act" was continued.
Senator Johnson of the 42nd District offe;ed the following amendment to House Bill No. 5:
To amend Section 92-1403, Sub-section D, by adding a new paragraph to be known as 3A reading as follows:
"3A. The sale of motor fuel and/or Kerosene sold and used exclusively for tractor purposes."

WEDNESDAY, MARCH 10, 1937.

1559

The amendment by Senator Johnson was lost.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Phillips of the 29th District asked unanimous consent that House Bill No. 5, as amended, be immediately transmitted to the House and the consent was granted.
The following bills of the House were read the first time and referred to the committees:

By Mr. Adams of Franklin-
House Bill No. 61. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Hill of Screven-
House Bill No. 129. A bill to amend the Highway Mileage Act by adding a road to the State Aid Road System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Dunn of Pike-
House Bill No. 131. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

1560

JouRNAL OF THE SENATE,

By Mr. Harrison of Crawford-
House Bill No. 206~ A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Whipple of Bleckley and Daughtry of Wilkinson-
House Bill No. 229. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Whipple of Bleckley-
House Bill No. 230. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Herndon of Hart and Adams of Franklin-
House Bill No. 254. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

:JJy Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 300. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

WEDNESDAY, MARCH 10, 1937.

1561

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 301. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Whaley of Telfair and Jones and Smith of Dodge-
House Bill No. 308. A bill to amend the Highway Mileage Act by adding a road to the State Aid System; a!J.d for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Oden of Pierce-
House Bill No. 395. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Clark of Catoosa-
House Bill No. 464. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Hodges ofLiberty-
House Bill No. 473. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Fitts of Madison and Adams of FranklinHouse Bill No. 501. A bill to amend the Highway Mile-

1562

JouRNAL or THE SENATE,

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Adams of Franklin-
House Bill No. 528. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Sapp of Coffee, Corbett of Atkinson, Rawlins-of Ben Hill, and Harrell of Oglethorpe-

House Bill No. 534. A bill to amend the Highway Mile-

age Act by adding a road to the State Aid System, and for

other purposes.



Referred to Committee on Highways and Public Roads.

By Messrs. Brewton of Evans and Hodges of Liberty-
House Bill No. 540. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Gross of Stephens-
House Bill No. 550. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Drake of SeminoleHouse Bill No. 556. A bill to amend the Highway Mile-

WEDNESDAY, MARCH 10, 1937.

1563

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Drake of Seminole and Bridges of Early-
House Bill No. 557. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Adams of Franklin-
House Bill No. 585. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Manry of Calhoun and Carmichael of Randolph-
House Bill No. 627. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Thomas of Chattooga-
House Bill No. 629. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Thomas of ChattoogaHouse Bill No. 630. A bill to amend the Highway Mile-

1564

JouRNAL oF THE SENATE,

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Hast-ings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 645. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Gross of Stephens-
House Bill No. 667. A bill to create a Board of Commissioners of Roads and Revenues of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 14. A bill to amend the Highway Mileage Act by adding a road to the State Aid System,- and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 167. A bill to amend an Act of March 1, 1933, authorizing the governing of fiscal authorities of certain counties to put into effect certain provisions, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Dollar of GradyHouse Bill No. 170. A bill to amend the Highway Mile-

WEDNESDAY, MARCH 10, 1937.

1565

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Freeman, Horne, and Weaver of Bibb-
House Bill No. 191. A bill to amend Section 1141 of the Penal Code (Parks Annotated Code, Volume 6), providing for the salary for coroners in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Beck of Carroll and Moore of Haralson-
House Bill No. 330. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Jones of Bartow-
House Bill No. 341. A bill to amend Chapter 106-3 of the 1933 Code providing that nothing contained in said chapter shall work any forfeiture of any right of any civil action in the courts of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Croker of Paulding-
House Bill No. 384. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Corbett of Atkinson, Sapp of Coffee, and Swindle of Berrien-
House Bill No. 403. A bill to amend the Highway Mile-

1566

JoURNAL OF THE SENATE,

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 461. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 553. A bill to provide for Civil Service for teachers and employees of the public school system in certain counties, and for other purposes.
Referred to Committee on Education and Public Schools.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 554. A bill to repeal an Act providing the duties, rights and powers of county boards of education, and for the control of public schools, and for other purposes.
Referred to Committee on Education and Public Schools.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 588. A bill to authorize Boards of County Commissioners to adopt building Codes, provide electrical, plumbing and building inspectors and similar matters, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, MARCH 10, 1937.

1567

By Mr. Horne of Bibb-
House Bill No. 628. A bill to increase the salaries of County Commissioners of Bibb County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Gross of Stephens-
House Bill No. 666. A bill to repeal an Act creating a Board of Roads and Revenues of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.

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

By Mr. Moss of Gordon-
House Resolution No. 137. A resolution providing that the State Librarian furnish certain volumes to the Ordinary and Clerk of the Superior Court of Gordon County, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Harris, Barrett, and Lanier of Richmond-
House Resolution No. 171. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Harris, Lanier, and Barrett of Richmond-
House Resolution No. 172. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County, and for other purposes.
Referred to Committee on Public Library.

1568

JouRNAL oF THE SENATE,

By Mr. Adams of Franklin-
House Resolution No. 173. A resolution authorizing the State Librarian to furnish certain volumes to Franklin County, and for other purposes.
Referred to Committee on Public Library.

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

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton.:_
House Resolution No. 203. A resolution providing that a New Year's football game be played in Atlanta, and for other purposes.

Senator Ennis of the 20th District moved that the Senate give immediate consideration to a sealed communication from the Governor. The motion prevailed.

Senator Ennis of the 20th District moved that the Senate do now go into Executive Session and the motion prevailed.
The President ordered the Senate Chamber cleared of all visitors and attaches.
The following communication was transmitted by the Secretary of the Senate to His Excellency, the Governor:

HoN. E. D. RIVERs,
Governor of Georgia, Executive Department.

March 10, 1937.

Dear Governor:
In conformity with the rules of the Senate I beg leave to report that your nomination of

WEDNESDAY, MARCH 10, 1937.

1569

"Hon. J. T. Powell, of the County of Glynn, to be Judge of the City Court of Brunswick, for a term beginning this date and expiring when his successor is elected and qualified"
was this day confirmed by the State Senate, the vote being 42 to 0.
With high regards, I am
Sincerely yours,
JoHN 'W. HAMMOND,
Secretary Georgia Senate.

The President called the Senate to order.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Harrison of the 17th DistrictSenate Bill No. 195. A bill to amend the Banking Law
of the 1933 Code (Title 13, Section 13-2015) by regulating banks doing a commercial business and receiving deposits subject to check, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0. The bill having received the requisite constitutional majority was passed.
The following privilege resolutions were read and adopted:
By Senator Sutton of the 47th DistrictA resolution extending the privileges of the floor to Hon.
Homer Ray of Moultrie, Ga.

1570

JouRNAL oF THE SENATE,

By Senator Burgin of the 24th District-
A resolution extending the privileges of the floor to Hon.
R. M. Page, Editor of the Columbus Ledger and Enquirer.

By Senators Williams of the 5th District, Forrester of the 44th District, and Spivey of the 16th District-
A resolution extending the privileges of the floor to Miss Emily Woodward, former President of the Georgia Press Association.

By Senator Pruett of the 32nd District-
A resolution extending the privileges of the floor to Rev. W. Y. Grindle of Dahlonega, Ga.

Senator Millican of the 35th District moved that the Senate do now adjourn. The motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock, A. M., tomorrow.

THURSDAY, MARCH ll, 1937.

1571

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, MARCH 11, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the. acting Chaplain.
Senator Millican of the 35th District asked unanimous consent that the calling of the roll he dispensed with and the consent was granted.
Senator Harrell of the 12th District gave notice that he would move that the Senate reconsider its action in passing House Bill No. 5, known as the "Bootleg Gasoline Act."
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to he correct.
Senator Patten of the 6th District gave notice that he would move that the Senate reconsider its action in passing Senate Bill No. 198, a local hill affecting Lanier County.
Senator Millican of the 35th District asked unanimous consent that the reading of the Journal he dispensed with and the consent was granted.
Senator Harrell of the 12th District moved that the Senate reconsider its action in passing House Bill No. 5 on yesterday.
The President ruled that the motion to reconsider by Senator Harrell was out of order due to the fact that House

1572

JouRNAL OF THE SENATE,

Bill No. 5 was ordered immediately transmitted to the House on yesterday and was out of the physical possession of the Senate.

Senator Patten of the 6th District moved that the Senate reconsider its action in passing Senate Bill No. 198, and the motion prevailed.
The Journal was confirmed.

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

By Senator Phillips of the 29th District-
Senate Bill No. 216. A bill to pay the Sheriffs and Clerks of the Superior Court in certain counties the sum of three hundred dollars per annum for which they are not otherwise compensated, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senators Jones of the 38th District, Sutton of the 47th District, and Griner of the 45th District-
Senate Bill No. 217. A bill to amend Section 68-301 of the 1933 Code which provides the speed limits of motor vehicles, and for other purposes.
Referred to Committee on Motor Vehicles.

By Senators Purdom of the 46th District, Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, and Griner of the 45th District.
Senate Bill No. 218. A bill providing that voters in any general election shall upon oath declare his political allegiance, and for other purposes.
Referred to Committee on Privileges and Elections.

THURSDAY, MARCH 11, 1937.

1573

By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Griner of the 45th District, and Purdom of the 46th District-
Senate Bill No. 219. A bill to amend Section 34-107 of the 1933 Code providing that registered voters shall state the name of the political party of which he or she is affiliated at least two months prior to any election, and for other purposes.
Referred to Committee on Privileges and Elections.

By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Purdom of the 46th District, and Griner of the 45th District-
Senate Bill No. 220. A bill to amend Section 34-805 of the Code of 1933 by requiring an oath of voters that he or she will not vote for any candidate in a general election except the nominee of the political party with which he or she is affiliated, and for other purposes.
Referred to Committee on Privileges and Elections.

By Senators Spivey of the 16th District, Atkinson of the 1st District, Allen of the 31st District, and Pope of the 7th District-
Senate Bill No. 221. A bill to create the office of Commissioner of Motor Vehicles, and for other purposes.
Referred to Committee on Motor Vehicles.

By Senator Purdom of the 46th District-
Senate Bill No. 222. A bill to amend Section 100-101 of the 1933 Code relati,ng to State depositories; ,to provide for a depository for the town of Patterson; and for other purposes.
Referred to Committee on Banks and Banking.

1574

JOURNAL OF THE SENATE,

By Senator Atkinson of the 1st District-
Senate Bill No. 223. A bill to give authority to County Commissioners and ex officio judges of Chatham County to fix, levy and assess taxes and license fees, and for other purposes.

Referred to Committee on Counties and County Matters.

By Senators Patten of the 6th District and Atkinson of the 1st District-
Senate Bill No. 224. A bill to permit governing authorities of counties to fix, levy and assess taxes and license fees, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Purdom of the 46th District, and Griner of the 45th District-
Senate Bill No. 225. A bill to amend Section 34-103 of the Code of 1933, by providing that the oath. to qualify an elector shall set forth the name of the political party with which such elector is affiliated, and for other purposes.
Referred to Committee on Privileges and Elections.

By Senator Purdom of the 46th DistrictSenate Bill No. 226. A bill to amend an Act establishing
the City Court of Blackshear, and for other purposes. Referred to Committee o~ Counties and County Matters.
Senator Whitehead of the 30th District, Chairman of the Committee on Military Affairs, submitted the following report:

THURSDAY, MARCH 11, 1937.

1575

Mr. President:
Your Committee on Military Affairs has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 209.

Respectfully submitted, WHITEHEAD, Chairman.

Senator Allen of the 31st District, Vice-Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 144 do pass, as amended.
Senate Bill No. 173 do pass.
Respectfully submitted, ALLEN, Vice-Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to

1576

JouRNAL OF THE SENATE,

the Senate with the recommendation that the same do pass: House Bill No. 617. Respectfully submitted, JAcKsoN, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 174.
Senate Bill No. 175.
Senate Bill No. 206.
Respectfully submitted,
SHANNON, Chairman.

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bills and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 26.

THURSDAY, MARCH 11, 1937.

1577

House Bill No. 30. Senate Bill No.-210. Senate Resolution No. 82.
Respectfully submitted, PoPE, Chairman.

Senator McKenzie of the 48th District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:

Your Committee on Privileges and Elections has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 358.

House Bill No. 378.

House Bill No. 346.

Respectfully submitted, McKENZIE, Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:

Your Committee on Agriculture has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 489.

Respectfully submitted, PuRDOM, Chairman.

1578

JouRNAL oF THE SENATE,

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 508.
Senate Bill No. 213.
Respectfully submitted, PEEBLEs, Chairman.

Senator Patten of the 6th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 207.
Respectfully submitted,
PATTEN, Chairman.

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President: Your Committee on Hygiene and Sanitation has had

THURSDAY, MARCH 11, 1937.

1579

under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 590.
Respectfully submitted,
CHASON, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 202.
House Bill No. 306.
Respectfully submitted, ALLEN, Chairman.

Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 283.
Respectfully submitted,
FLYNT, Chairman.

1580

JoURNAL OF THE SENATE,

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 208. Senate Bill No. 204. House Bill No. 505. House Bill No. 90. House Resolution No. 36-198a. House Bill No. 595. House Bill No. 452. House Bill No. 650. House Bill No. 648. House Resolution No. 130-547a. House Bill No. 423. House Resolution No. 20-118c. House Bill No. 598.
Respectfully submitted,
JACKSON, Chairman.

Senator Fowler of the 39th District, Chairman of the Committee on Public Utilities, submitted the following report:

THURSDAY, MARCH 11, 1937.

1581

Mr. President:
Your Committee on Public Utilities has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
Senate Bill No. 122.
Respectfully submitted,
FowLER, 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/or resolutions of the House and/or Senate, ta-wit:

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 27. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 32. A bill to amend an Act entitled State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 59. A bill to be entitled an Act amending Code Section 26-7303 of Code of 1933 providing for the protection of surf bathers by Life Guards, and for other purposes.

1582

JouRNAL OF THE SENATE,

By Messrs. Dunn of Pike and McGraw of Meriwether-
Hause Bill No. 79. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Erwin of Lamar and Harvey of Upson-
House Bill No. 331. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Patten of Cook, Swindle of Berrien, and Goff of Tift-
House Bill No. 353. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Moore of Taliaferro and Brooks of Oglethorpe-
House Bill No. 391. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Houze and Coleman of Lowndes and Harrell and Blease of Brooks-
House Bill No. 405. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Jones of Jenkins and Bargeron of Burke-
House Bill No. 415. A bill to amend an Act to the State Highway Mileage Act by adding a road to the State Aid Syste111 of Roads.

By Messrs. McCravey of Union and Barnard of Towns-
House Bill No. 431. A bill to amend Section 45-329 of the Georgia Code of 1933 which Section reads as follows: The sea-

THURSDAY, MARCH 11, 1937.

1583

son for taking or possessing mink, otter, beaver, bear, muskrat and raccoon shall be from the 20th day of November to the last day of February, inclusive.

By Messrs. Durden and Sahados of Dougherty-
House Bill No. 444. A hill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Mr. Adams of Franklin-
House Bill No. 454. A hill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Lewis and Bargeron of Burke, and others-
House Bill No. 462. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.
By Mr. Wilson of Murray-
House Bill No. 500. A bill to he entitled an Act to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Messrs. Parker and Barlow of Colquitt, and others-
House Bill No. 558. A hill to amend the State Highway
Mileage Act by adding a road to the State Aid System of Roads.

By Mr. Musgrove of Clinch-
House Bill No. 566. A bill to he entitled an Act to amend an Act entitled "An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution

1584

JouRNAL oF THE SENATE,

of the State of Georgia" by an Act approved Aug. 25, 1931, and for other purposes.

By Messrs. Hill of Screven, Guyton of Effingham, and Jones of Jenkins-
House Bill No. 653. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System of Roads.

By Mr. Moore of Lumpkin-
House Bill No. 715. A bill to be entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenue for Lumpkin County, and for other purposes.

By Messrs. Batchelor of Putnam, Hollis of Morgan, and Moore of Taliaferro.
House Resolution No. 74-380b. A resolution designating the highway beginning at Augusta, Ga., then passing through Thomson, Warrenton, Crawfordville, Greensboro, Madison, Covington to Atlanta, known on the Georgia Highway Map as State Route No. 12, and then from Atlanta through Fairburn, Newnan, LaGrange to West Point, known on the Georgia Highway Map as State Route No. 14 as the official Jefferson Davis Highway in Georgia.

The House has adopted, as amended, the following resolution of the Senate, to-wit:

By Senators Purdom of the 46th District, Atkinson of the 1st District, Pope of the 7th District, and others-
Senate Resolution No. 64. A resolution urging the members of the Georgia Congressional Delegation to do everything in their power to get the United States Department of Agriculture to continue the screw worm control program in Georgia and other affected States, and for other purposes.

THURSDAY, MARCH 11, 1937.

1585

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 and/or Senate, to-wit:

By Mr. MeNall of Chatham-
House Bill No. 71. A bill to be entitled an Act to protect the Public Health by providing rules and regulations for the sale and manufacture of mattresses, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 313. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of Roads.

By Mr. Wall of Schley-
House Bill No. 366. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of Roads.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 646. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of Roads.

By Mr. Harden of Turner-
House Bill No. 669. A bill to amend the Highway Mileage Act by adding a road to the State Aid System of Roads.

By Senator Aultman of the 23rd District-
Senate Bill No. 155. A bill to reduce the bond of the Sheriff of Peach County from $10,000.00 to $3,500.00, and for other purposes.

1586

JouRNAL OF THE SENATE,

The following bills of t'he House, favorably reported by the committees, were read the second time:

By Mr. Pirkle of Forsyth-
House Bill No. 202. A bill to provide for holding three terms a year of the Superior Court of Forsyth County, and for other purposes.

By Messrs. Reid and Beck of Carroll-
House Bill No. 283. A bill to relieve J. H. Burson, Tax
Commissioner of Carroll County, of certain taxes, and for <_:>ther purposes.

By Mr. Musgrove of Clinch-
House Bill No. 306. A bill to provide for holding three terms a year of the Superior Court of Clinch County, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 346. A bill to require all candidates for the General Assembly of certain counties to qualify for the seats from such counties and to name their incumbent opponents, and for other purposes.

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 358. A bill to require candidates in primary elections for members of the General Assembly in Sumter Co~nty to specify incumbent which they desire to oppose, and for other purposes.

By Messrs. Peters and McGraw of Meriwether-
Hause Bill No. 378. A bill to require candidates in primary elections for members of the General Assembly in Meriwether County to specify incumbent which they desire to oppose, and for other purposes.

THURSDAY, MARCH 11, 1937.

1587

By Messrs. Phillips and Palmour of Hall-
House Bill No. 423. A bill to amend an Act establishing the City Court of Hall County, and for other purposes.

By Messrs. Leonard, Elliott, and Smith of Muscogee-
House Bill No. 452. A bill to repeal an Act requiring all political parties in Muscogee County to nominate their candidates for county officers by primary elections, and for other purposes.

By Messrs. Smith and Jones of Dodge-
House Bill No. 489. A bill to prohibit the running at large of goats in certain counties, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 505. A bill to empower the Board of Commissioners of Roads and Revenues in certain counties to acquire real estate by purchase when spch acquisition is necessary for slum clearance, and for other purposes.

By Mr. Newton of Toombs-
Hause Bill No. 508. A bill to amend an Act establishing the City Court of Lyons, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 590. A bill to authorize County Commissioners to improve the sanitary conditions of the county by providing systems of garbage disposal, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 90. A bill to authorize a Board of County

1588

JouRNAL OF THE SENATE,

Commissioners to make regulations as to traffic on public roads in certain counties, and for other purposes.

By Mr. McCravey of Union-
House Bill No. 595. A bill to establish the City Court of Blairsville, and for other purposes.

By Messrs. Ennis and Moore of Baldwin-
House Bill No. 598. A bill to fix the bond of the Sheriff of Baldwin County at $3,000.00, and for other purposes.

By Mr. Jones of Brantley-
Hause Bill No. 617. A bill to change from the fee to the salary system in certain counties, the Clerk of the Superior Court, Ordinary, Sheriff, and Tax Commissioner, and for other purposes.

By Mr. Whitaker of Clayton-
House Bill No. 648. A bill to est;ablish the City Court of Jonesboro, and for other purposes.

By Mr. Howard of Chattahoochee-
House Bill No. 650. A bill to repeal an Act of August 5, 1913, creating a Board of Commissioners of Roads and Revenues of Chattahoochee County, and for other purposes.
The following resolutions of the House, favorably reported by the committees, were read the second time:

By Mr. Morgan of Troup-
House Resolution No. 20. A resolution to relieve J. H. Murphy and I. I. West as sureties on the bond of Heyward Alverson, and for other purposes.

THURSDAY, MARCH 11, 1937.

1589

By Mr. Smith of Dodge-
House Resolution No. 36. A resolution to relieve L. C. Ragan as surety on the bond of Willie Duhart, and for other purposes.

By Mr. Jones of Elbert-
House Resolution No. 130. A resolution to relieve J. E. Brown of Elbert County as surety on the bond of Sie Sailing, and for other purposes.

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

By Senator Atkinson of the 1st District-
Senate Bill No. 144. A bill to further regulate the business of taking salary assignments; to provide penalties for violations thereof; and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 173. A bill to authorize Courts of Record in this State to render declaratory judgments, and for other purposes.

By Senator Patten of the 6th District-
Senate Bill No. 174. A bill to amend Title 92, Chapter 92-69 of the 1933 Code pertaining to "County Board of Tax Assessors," by providing for the election of a chairman and the employment of a secretary and agents to seek out unreturned property, and for other purposes.

By Senator Patten of the 6th District-
Senate Bill No. 175. A bill to amend Section 92-7601 of the 1933 Code, so as to provide for the accrual and collection of certain penalties in the event executions issued for taxes

1590

JouRNAL oF THE SENATE,

shall not be paid and satisfied by the persons against whom the same were issued, and for other purposes.

By Senator Shedd of the 3rd District-
Senate Bill No. 204. A bill to amend an Act creating the office of County Tax Commissioner of Wayne County, and for other purposes.

By Senator Patten of the 6th District-
Senate Bill No. 206. A bill to repeal Section 92-4402 and 92-8301 of the 1933 Code, so as to extend a right to redeem property sold under an execution issued for the collection of certain taxes or special assessments, and for other purposes.

By Senator Neely of the 36th District-
Senate Bill No. 208. A bill to repeal an Act of December 14, 1871, creating Commissioners of Roads and Revenue for Meriwether County, and for other purposes.

By Senators Whitehead of the 30th District, Terrell of the 19th District, Pope of the 7th District, and Thrasher of the 27th District-
Senate Bill No. 209. A bill concerning the guardianship of incompetent veterans, orphans of deceased veterans, and other incompetent and minor beneficiaries of the veterans' administration, and for other purposes.

By Senator Knabb of the 4th District-
Senate Bill No. 210. A bill to propose to the voters of Georgia an amendment to Article 3, Section 7 of the Constitution permitting governing authorities of Glynn County to pass zoning laws, and for other purposes.

By Senator Almand of the 50th District-
Senate Bill No. 213. A bill to amend the charter of the City of Athens, Georgia, and for other purposes.

THURSDAY, MARCH 11, 1937.

1591

Senator Neely of the 36th District asked unanimous consent that House Bill No. 378 be recommitted to the Committee on Privileges and Elections, and the consent was granted.

The following hills of the Senate and House were read the third time, and put upon their passage:

By Senator Atkinson of the 1st District-

Senate Bill No. 199. A bill to amend the charter of the Town of Thunderbolt, Chatham County, so as to increase the extent of the corporate limits of said town, and for other purposes.

The report of the committee, which was favorable to the

passage of the bill, was agreed to.

'

On the passage of the bill, the ayes were 34, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senator Almand of the 50th District-
Senate Bill No. 207. A bill to amend an Act of 18841885, page 603, providing for the establishment and powers of the Board of Education of Athens, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Wilson of Murray-
House Bill No. 649. A bill to amend the charter of the City of Chatsworth so as to empower said city to own property outside its corporate limits, and for other purposes.

1592

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 647. A bill to amend the charter of the City of Hapeville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harvey of Upson-
House Bill No. 634. A bill to amend the charter of the City of Thomaston, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harvey of Upson-
House Bill No. 632. A bill to amend the charter of the City of East Thomaston, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 11, 1937.

1593

On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Grubbs of Crisp-
House Bill No. 625. A bill to amend the charter of the City of Cordele, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Sanders and Hart of Coweta-
House Bill No. 609. A bill to amend an Act entitled "An Act to create a new charter for the City of Newnan in the County of Coweta," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agr~ed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Lewis of Burke-
House Bill No. 538. A bill to amend the charter of the City of Waynesboro, Georgia, by providing that the City of Waynesboro may acquire property outside the 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 33, the nays 0.

1594

JouRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Messrs. Jones and Smith of Dodge-
House Bill No. 488. A bill to repeal an Act entitled an Act to provide that all scrip or warrants relating to expenses of Superior Court of Dodge County, etc., and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Shedd of the 3rd District-

Senate Bill No. 203. A bill to increase the mileage of the
State Aid System of Highways by adding a road thereto a
road from Jesup to Lane's Bridge Road, and for other purposes.

The report of the committee, 'Yhich was favorable to the

passage of the bill, was agreed to.



On the passage of the bill, the ayes were 33, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Senator Phillips of the 29th District-
Senate Bill No. 202. A bill to increase the State Aid System of Public Roads by adding thereto certain roads in Columbia, McDuffie, and Richmond Counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.

THURSDAY, MARCH 11, 1937.

1595

The bill having received the requisite constitutional majority was passed.

By Senator Whitehead of the 30th District-
Senate Bill No. 190. A bill to amend the Highway Mileage Act of 1929, known as the Traylor-Neill bill, by adding a road in Elbert County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Harrison of the 17th District and Atkinson of the 1st District-
Senate Bill No. 185. A bill to amend the Highway Mileage Act of 1929, by adding a road beginning in Chatham and ending in Jenkins County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Peterson of the 15th District-
Senate Bill No. 184. A bill to amend the Highway Mileage Act of 1929, by adding a certain road in Montgomery County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

1596

JouRNAL OF THE SENATE,

By Senator Shedd of the 3rd District-
Senate Bill No. 197. A bill to increase the mileage of the State Aid System by adding a road from Alma to Jesup, and for other purposes.

Senator Shedd of the 3rd District offered the following amendment to Senate Bill No. 197:
To amend by striking the words and figures "ten (10)" in the eighth line of the caption and by striking the words and figures" ten (10)" in the tenth line of Section 1 of said bill, and inserting in lieu thereof in each instance the words,-and figures "six (6)."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Smith, Leonard, and Elliott of Muscogee, and Sanders of Harris-
House Bill No. 517. A bill increasing the mileage of the State Aid System by adding a road from Columbus to West Paint, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, MARCH 11, 1937.

1597

By Messrs. Kendrick of Fulton and Allison and Tapp of Gwinnett-
House Bill No. 244. A bill to amend the Highway Mileage Act by adding a road to the System of State Aid Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Carmichael and Welsch of Cobb-
House Bill No. 276. A bill to amend the Highway Mileage Act by adding a road in Cobb County to the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Carmichael of Randolph-
House Bill No. 323. A bill to amend the Highway Mileage Act by adding a certain road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

1598

JouRNAL oF THE SENATE,

By Mr. Mavity of Walker-

House Bill No. 472. A bill to amend the Highway Mile-

age Act by adding a certain road in Catoosa County, and

for other purposes.

,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, the nays 0.

The bill having received the requisite constitutional majority was passed.

A sealed communication from His Excellency, the Governor., was received through the Executive Secretary, Hon. Downing Musgrove.

By Messrs. Marshall of Macon and Booth of Barrow-
House BilL No. 58. A bill to amend an Act approved March 23, 1935, 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 to provide for the holding of an election to ratify or reject this Act; and for other purposes.

Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 1:00 o'clock to reconvene at 2:00 o'clock, P. M., and remain in session until otherwise ordered by the Senate. The consent was granted.
The committee offered the following substitute for House Bill No. 58:

A BILL
To be entitled an Act to amend an Act approved March 23, 1935, 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

THURSDAY, MARCH 11, 1937.

1599

enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes," by (1) amending Section 5 by striking the words and figures "One Dellar and Twenty-five Cents ($1.25)," where the same appear therein, and substituting in lieu thereof the words and figures "Two Dollars and Fifty Cents ($2.50) ;" by (2} repealing the last paragraph of Section 5, and substituting a new paragraph therefor, to the effect that the fees referred to therein shall he payable immediately when a brewer, wholesale dealer, or retail dealer enters business, and annually thereafter, while engaged in such business; by (3) amending Section 15-B of said Act, so that said Section shall apply only to State, County, city or church school grounds or campuses, and such other schools that teach subjects usually taught in the common. schools of the State of Georgia, and that the one hundred (100) yards mentioned in said Section shall he said to mean by the nearest travelled road, street or highway; by (4) adding a new Section to said Act, providing that when a municipality, or county revokes the license issued to any person, firm or corporation to whom said was granted for the manufacture, distribution or sale of malt beverages specified in this Act, such action shall automatically revoke the license issued to such person, firm or corporation by the State Revenue Commission, insofar as the license applies to the locality or jurisdiction wherein such revocation takes place, and providing further that when the State Revenue Commission revokes any license issued by it to any person, firm or corporation, such action shall automatically revoke license issued to such person, firm or corporation by any county or municipality of this State; by (5) striking and repealing Section 15-A of said Act, and substituting in lieu thereof a new Section, to he known as Section 15-A, providing that the privilege of manufacturing, distributing, and selling by wholesale or retail the malt beverages provided for in said Act may be conducted in any county or municipality of this State,

1600

JOURNAL OF THE SENATE,

upon the payment of the license taxes to the State Revenue Commission, as provided in said Act, together with the payment of such license taxes as may be fixed or imposed by such municipality or county, and providing further that upon the written petition or application of as many as fifteen percent of the registered voters of such municipality or county shall cause an election to be held to decide the question of whether or not such business may or may not be conducted in such municipality or county; by (6) adding a new Section to said Act, providing that when any person, firm or corporation shall sell, offer for sale, possess for the purpose of sale, any of the malt beverages specified in said Act, without first having obtained a license to conduct the business in which such person, firm or corporation is engaged, as provided in this Act, the State Revenue Commission and its agents shall have the right to seize and take possession of such beverages on hand, and providing the method of the disposition of such stock so seized and for the enforcement of this Section; by (7) adding a new Section providing that no person, firm or corporation engaged in the business of distributing or selling, either at wholesale or retail, the malt beverages specified in this Act, shall sell, offer for sale, or possess for the purpose of sale and distribution such beverages, either in bottles or cans, unless such bottle or can containing such beverage shall have affixed on the top thereof what is known as a tax-paid crown or lid-crown showing that the tax has been paid on the beverage contained in said bottle or can, and when said malt beverages are sold, offered for sale, or distributed for sale in barrels, or in any fractional part of a barrel, except in bottles or cans, there shall be attached to any and every such container a stamp showing that the tax upon the malt beverage therein contained has been paid and authorizing the State Revenue Commission to pass such rules and regulations as it may be necessary to carry out the provisions of this Section, and for the enforcement of this Section, and for other purposes.

THURSDAY, MARCH 11, 1937.

1601

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:

Section 1. That Section 5 of the Act of the General Assembly of Georgia, approved March 23, 1935, entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages, etc." he amended by striking the words and figures "One Dollar and Twenty-five Cents ($1.25)" where same appears in said Section, and substituting in lieu thereof the words and figures "Two Dollars and Fifty Cents ($2.50) ;" and by repealing the last paragraph of said Section of said Act entirely, and substituting in lieu thereof the following:
"Said fees shall be paid on each place of business operated and shall be paid to the State Revenue Commission when such brewer, wholesale dealer or retail dealer enters business, and annually thereafter, so long as such business is operated and conducted."

Section 2. That Section 15-B of said Act be amended by adding at the end thereof the following words:
"The school ground or college campus referred to in this paragraph shall apply only to State, County, city or church school ground or campus, and such other schools as teach the subjects usually taught in the common schools of the State of Georgia; and the one hundred (100) yards mentioned in said paragraph shall be construed to mean by the nearest travelled .road, street or highway."
so that said section shall read, as amended:
"No alcoholic beverage of any kind shall be sold upon any church, school ground or college campus or within one hundred (100) yards of such ground or campus. The school ground or college campus referred to in this paragraph shall apply only to State, County, city or church school ground campus, and to such other schools as teach

1602

JouRNAL oF THE SENATE,

the subjects commonly taught in the common schools of this State. Any violation of this Section shall be a misdemeanor."

Section 3. Be it further enacted that said Act be, and the same is, hereby amended by adding thereto a new Section to be known as Section 6 (3-B), which said new Section shall read as follows:
"When any license issued under the provisions of this Act to any person, firm or corporation, for the manufacture, distribution, or wholesale or retail sale of malt beverages specified in said Act shall be revoked by any County or municipality of this State, such action shall automatically revoke the license issued to such firm, person or corporation by the State Revenue Commission insofar as said license applies to the locality or jurisdiction wherein such revocation took place, and when a license issued to any person, firm or corporation to engage in any business specified in said Act shall be revoked by the State Revenue Commission, such action shall automatically revoke the license issued to such person, firm or corporation by any municipality or county of this State. That if any person, firm or corporation, whether operating as a brewery, wholesale distributor or retailer, who enters business or conducts business, fails to file application for license with the proper fee accompanying same, within fifteen days from the date of beginning business, or from the date of the expiration of the previous license, shall be required to pay an amount equal to one and one-half the amount required for a license under the classification under which the business is conducted. In cities or counties where the issuing of licenses have been withheld by the licensing authorities, this higher price may be waived on presentation of an affidavit from the licensing authorities, setting forth facts and reasons showing that it was impossible for the applicant to have secured a license within the fifteenday period from the expiration of the old license, or from

THURSDAY, MARCH 11, 1937.

1603

the date the dealer entered business, and the regular price accepted for the license."

Section 4. Be it further enacted, that said Act be further amended by adding a new Section thereto to be known as Section 17-A, to read as follows:

"Section 17-A. Be it further enacted, that no person, firm or corporation shall sell, offer for sale, or possess for the purpose of sale, any of the malt beverages specified and legalized by said Act, without first having obtained a license to deal in such beverages under the provisions of said Act, and any person, firm or corporation guilty of violating the provisions of this Section shall be guilty of a misdemeanor and punished as provided in this Act. It shall be the duty of the State Revenue Commission and its agents to seize and take possession of any and all malt beverages specified herein, found in the possession of any person, firm or corporation in violation of the provisions of this Section, and turn the same over to the sheriff of the County in which same were' seized for safe-keeping for a period of ten days. The said commission or its agent or agents making said seizure shall take a receipt from said sheriff for the goods so seized; a receipt shall be given to the person, firm or corporation from whom said goods were seized, if known, stating from whom seized, if known, the place of seizure, and a description of the goods seized; and a duplicate of said receipt shall be filed in the office of the State Revenue Commission, which shall be open to public inspection, and a copy of said receipt shall be posted at the place of seizure. If, during the ten days specified herein, a claim should be filed to said goods seized, said claim shall be returned to the Superior Court of the County of such seizure, to be tried, as other claims. If no claim is filed to said goods so seized within ten days, the same shall be destroyed by the State Revenue Commission or its agents, as contraband. The State Revenue Commission is authorized to prepare proper notices and receipts

1604

JouRNAL OF THE SENATE,

as herein referred to and make such rules and regulations as it may deem proper to carry out the provisions of this Section."

Section 5. Be it further enacted, that said Act shall be further amended by adding thereto a new Section to be known and designated as Section 17-B, to read as follows:
"Section 17-B. Any person, firm or corporation engaged in the business of selling or distributing either at wholesale or retail, the malt beverages specified in said Act, in bottles or cans, shall not sell nor offer for sale, or possess for the purpose of sale, any bottle or can containing such malt beverages, unless such bottle or can shall have attached or affixed thereto what is known as a taxpaid crown or lid-crown, showing that the tax has been paid on the malt beverages contained in such bottle or can. And no person, firm or corporation engaged in the business of selling or distributing, either at wholesale or retail, the malt beverages legalized by said Act, in barrels, or any fractional part of a barrel, except in bottles or cans, shall sell or offer for sale, or possess for the purpose of sale any barrel or fractional part of a barrel containing the malt beverages herein referred to, except in bottles or cans, without having attached or affixed to any such container a stamp showing that the tax has been paid upon the malt beverages contained therein. And the State Revenue Commission is hereby empowered and authorized to make, provide and promulgate such rules and regulations as it may deem advisable for the purpose of carrying out the provisions of this Section, and to provide by its rules, specifications for the crowns or lids to be attached to bottles and cans containing the malt beverages mentioned herein, and for stamps to be attached to barrels and fractional parts of barrels containing such beverages."
Section 6. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this amendment be and the same are hereby repealed.

THURSDAY, MARCH 11, 1937.

1605

Senator Whitehead of the 30th District offered the following amendment to the committee substitute for House Bill No. 58:
To amend by adding at the end of Section 1, the following:
"Provided that a tax of 1/2 cent per bottle and 76 cents per gallon on syrup sold from soda fountains is hereby levied
cornowCnosc.a, Cola and all soft drinks to be shown by attached
To amend the caption accordingly.
The President ruled that the amendment offered by Senator Whitehead was out of order.

Senator Harrell of the 12th District offered the following amendment to the committee substitute for House. Bill No. 58:
To amend Section 1 and the caption by striking the words and figures $2.50 where same appear and substituting in lieu thereof the word and figures $4.00 per barrel.

Senator Griner of the 45th District offered the following amendment to the committee substitute for House Bill No. 58:
To amend Section 1 by striking the words and figures "$2.50 (two fifty)" where same appears in said section and caption and substituting in lieu thereof the figures "$2.00" per barrel.

Senator Flynt of the 26th District moved that House Bill No. 58, the substitute and amendments thereto, be postponed until Monday, March 15th.
On the motion by Senator Flynt, Senator Purdom of the 46th District called for the ayes and nays, and the call was sustained.

1606

JouRNAL OF THE SENATE,

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Atwood Brock Burgin Burrell Flynt
Forrester Fowler

Greer Harrison Home McKenzie Moye Neely

Peterson Shannon Sikes Terrell Walker Whitehead

Those voting in the negative were Senators:

Almand Atkinson Aultman Clements Ennis Griner Hampton Hardman Harrell

Holmes Johnson Jones Kimbrough Knabb McCutchen Millican Peebles

Phillips Pope Pruett Purdom Sammon Sutton Thrasher Williams

The roll call was verified.

The ayes were 19, the nays 25.

The motion was therefore lost.

Not voting were: Senators Allen of the 31st District, Chason of the 8th District, Jackson of the 14th District, Lindsay of the 34th District, Patten of the 6th District, and Shedd of the 3rd District.

Senator Flynt of the 26th District moved that House Bill No. 58, the substitute and amendments thereto, be tabled, and the motion was lost.
On the amend~ent by Senator Harrell of the 12th District, Senator Harrell called for the ayes and nays and the call was sustained.

THURSDAY, MARCH 11, 1937.

1607

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Aultman Burgin
Burrell Ohason Forrester Greer

Harrell Harrison Holmes Jones Kimbrough

McKenzie Pruett l Terrell Walker Whitehead

Those voting in the negative were Senators:

Almand Atkinson Atwood Brock Clements Ennis FlYnt Fowler Griner Hampton

Hardman Horne Johnson Knabb Lindsay
Millican Moye Neely Peebles Peterson

Phillips Pope Purdom Sammon Shannon Shedd Sikes Sutton Thrasher Williams

Verification of the roll call was dispensed with.
The ayes were 16, the nays 30.
The amendment was therefore lost.
Not voting were: Senators Allen of the 31st District, Jackson of the 14th District, McCutchen of the 43rd District, and Patten of the 6th District.
The amendment by Senator Griner of the 45th District was lost.
The committee substitute for House Bill No. 58 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 37, the nays 3.

1608

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed, by substitute.
Senate Resolution No. 64 was taken up for the purpose of considering the following House amendment thereto:

By Mr. Parker of Colquitt-
To amend by striking the words "Clerk of the House" wherever same appear and inserting in lieu thereof the words "Secretary of the Senate."
The Senate agreed to the House amendment to Senate Resolution No. 64.

By Senator Griner of the 45th District-
Senate Bill No. 201. A bill to relieve owners of motor vehicles from liability to guest or accommodation passengers for injuries sustained while riding therein, and for other purposes.
Senator Harrell of the 12th District moved that Senate Bill No. 201 be tabled. The motion was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 25, the nays 6.
The bill having failed to receive the requisite constitutional majority was lost.
Senator Neely of the 36th District gave notice that he would move that the Senate reconsider its action in defeating Senate Bill No. 201.

By Messrs. Harris, Lanier, and Barrett of Richmond, and others-
House Bill No. 30.

THURSDAY, MARCH 11, 1937.

1609

A BILL
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph Two (2), Section two (2) of Article seven (7) of the Constitution of the State of Georgia so as to exempt from ad valorem taxation, the owner of personal property, of all clothing and also personal property not exceeding $300.00 in actual value, and for other purposes.

Section 1. Be it enacted by the General Assembly of Georgia that Paragraph two (2), Section two (2) of Article seven (7) of the Constitution of Georgia is hereby amended by adding at the end of Paragraph two (2), Section two (2) of Article seven (7) of the Constitution of the State of Georgia, the following:
"There is hereby exempted of owners, beginning January 1, 1938, from all ad valorem taxation, State, County, Municipal and School District, all clothing, household and kitchen furniture and all other personal property except as hereafter excepted, not to exceed $300.00 in actual value. Provided the person or persons herein entitled to exemption shall register such exemption of personalty, giving a full description thereof, upon such forms, terms and manner as shall be prescribed by the General Assembly of Georgia. Provided further that the value of the property in excess of said exempted personal property shall be subject to taxation, as now or hereafter provided by law. The words 'personal property' or 'personalty' wherever used in this bill shall be defined as personal property used and included solely within the home, domestic animals, tools and implements of trade of manual laborers. This exemption shall not include motor vehicles."

Section 2. Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a twothirds vote of the memhers elected to each House with the "Yeas" and "Nays" thereon, and shall be published in one

1610

JouRNAL oF THE SENATE,

or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election, and at the next general election, shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to the Article seven (7), Section two (2) Paragraph two (2) of the Constitution exempting $300.00 in actual value from ad valorem taxation in clothing and personal property to every owner of personal property." All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: "Against the ratification of amendment to Paragraph two (2), Section two (2), Article seven (7) of the Constitution, exempting $300.00 in actual value from ad valorem taxation in clothing and personal property to every owner of personal property," and if the majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for ratification thereof, when the return shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof to be mad~ to the Governor, then he shall declare said amendment adopted and make proclamation of the results by one (1) insertion in one of the daily papers of this State declaring the amendment ratified.

Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
On House Bill No. 30, Senator Millican of the 35th District moved the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

THURSDAY, MARCH 11, 1937..

1611

Those voting in the affirmative were Senators:

Almand Atkinson Atwood Aultman
Brock
Burgin
Burrell
Chason Clements
Ennis
Flrnt Forrester Fowler Griner

Hampton Hardman Harrell Holmes Home Johnson Jones Kimbrough
McCutchen McKenzie
Millican
Mwe Neell' Peebles

Phill1ps Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Whitehead Williams

Those voting in the negative were Senators:

Greer

Harrison

Peterson

Verification of the roll call was dispensed with.
The ayes were 41, the nays 3.
The bill having received the requisite two-thirds constitutional majority was passed.
Not voting were: Senators Allen of the 31st District, Jackson of the 14th District, Knabb of the 4th District, Lindsay of the 34th District, Patten of the 6th District, and Walker of the 28th District.

Senator Atkinson of the 1st District moved that the Senate give immediate consideration to a sealed communication from His Excellency, the Governor, and the motion prevailed.

Senator Atkinson moved that the Senate do now go into Executive Session, and the motion prevailed.

The President ordered the Senate Chamber cleared of all not entitled to floor under rules of an executive session.

1612

JouRNAL oF THE SENATE,

The following communication was transmitted by the Secretary of the Senate to His Excellency, the Governor:

HaN. E. D. RrvERS,
Governor of Georgia, Executive Department.

March 11, 1937.

Dear Governor Rivers:
In conformity with the rules of the Senate I beg leave to report that the following nominations sent to the Senate by you under date of March lOth have this day been confirmed:
Han. G. G. LeGuin, to be Judge of the County Court of Henry County for a term beginning March 10, 1937, and expiring the 28th day of October, 1940.
Han. Thomas J. Brown, Jr., to be Solicitor of the County Court of Henry County for a term beginning March 10, 1937, and expiring the first day of January, 1938.
Upon each of the nominations the vote of confirmation was 45 to 0.
With high regards I am
Sincerely yours,
JoHN W. HAMMOND,
Secretary Georgia Senate.

The executive session was dissolved and the Senate called to order by the President.
Senator Atkinson of the 1st District moved that the Senate do now recess and the motion prevailed.
The President announced that the Senate stood recessed until 2:00 o'clock, P. M.

THURSDAY, MARCH 11, 1937.

1613

The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.

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

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 27. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Simmons and Kirbo of Decatur -
House Bill No. 32. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 59. A bill amending Section 26-7303 of the 1933 Code providing for the protection of surf bathers by Life Guards, and for other purposes.
Referred to Committee on State of the Republic.

By Mr. McNall of Chatham-
House Bill No. 71. A bill protecting the Public Health by providing rules for the sale of mattresses, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Messrs. Dunn of Pike and McGraw of MeriwetherHause Bill No. 79. A bill to amend the Highway Mileage

1614

JOURNAL OF THE SENATE,

Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Adams of Franklin-
House Bill No. 313. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Erwin of Lamar and Harvey of -ppson-
House Bill No. 331. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Patten of Cook, Swindle of Berrien, and Goff of Tift-
House Bill No. 353. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Wall of SchleyHouse Bill No. 366. A bill to amend the Highway Mile-
age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Moore of Taliaferro and Brooks of OglethorpeHouse Bill No. 391. A bill to amend the Highway Mile-

THURSDAY, MARCH 11, 1937.

1615

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Houze and Coleman of Lowndes, and Harrell and Blease of Brooks-
House Bill No. 405. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Jones of Jenkins and Bargeron of Burke-
House Bill No. 415. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. McCravey of Union and Barnard of Towns-

House Bill No. 431. A bill to amend Section 45-329 of

the 1933 Code relating to the season of taking or possess-

ing mink, otter, beaver, bear, muskrat and racoon, and for

other purposes.



Referred to Committee on Game and Fish.

By Messrs. Durden and Sabados of Dougherty-
House Bill No. 444. A bill to amend Section 57-116 of the 1933 Code relating to interest on loans, and for other purposes.
Referred to Committee on Banks and Banking.

By Mr. Adams of FranklinHouse Bill No. 454. A bill to amend the Highway Mile-

1616

JouRNAL OF THE SENATE,

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Lewis and Bargeron of Burke, and others-
House Bill No. 462. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Wilson of Murray-
House Bill No. 500. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Parker and Barlow of Colquitt, and others-
House Bill No. 558. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Musgrove of Clinch-
House Bill No. 566. A bill to amend an Act of August 25, 1931, enabling the State Highway Department to effectually carry out certain provisions of the constitutional amendment relating to Highway Certificate of Indebtedness, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 646. A bill to amend the Highway Mile-

THURSDAY, MARCH 11, 1937.

1617

age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Hill of Screven, Guyton of Effingham, and Jones of Jenkins-
House Bill No. 653. A hill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Harden of Turner-
House Bill No. 669. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Moore of Lumpkin-
House Bill No. 715. A hill to amend an Act creating a Board of Commissioners of Roads and Revenue of Lumpkin County, and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the House was read the first time and referred to the committee:

By Messrs. Batchelor of Putnam, Hollis of Morgan, Moore of Taliaferro, and others-
House Resolution No. 74. A resolution designating the Jefferson Davis Highway, and for other purposes.
Referred to Committee on Highways and Public Roads.

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

1618

JouRNAL OF THE SENATE,

Mr. President:
The House has agreed to the Committee of 'Conference Report on the following bill of the House, to-wit:

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 18. A bill to be entitled an Act to create a Department of Public Safety for Georgia, and for other purposes.

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

By Senator Pope of the 7th District-
Senate Bill No. 186. A bill providing for manner of issuing licenses to disabled veterans, and for other purposes.

Senator Pope of the 7th District offered the following amendments to Senate Bill No. 186:
To amend Senate Bill No. 186, Section 3 by changing the figure 3 in line 2 by striking same and inserting in lieu thereof the figure 5.
To further amend Section 3 by adding thereto at the end of the section the following words: "~rovided that such veteran shall be exempt from license tax on one place of
business, and shall pay a tax on the remainder of his places
of business."
The amendments w~re adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

THURSDAY, MARCH 11, 1937.

1619

Senator Pope of the 7th District asked unanimous consent that Senate Bill No. 186 be immediately transmitted to the House, and the consent was granted.

By Senators Millican of the 35th District and Atkinson of the 1st District-
Senate Bill No. 156. A bill to authorize the Municipal authorities of certain cities to license the business of making loans, secured or unsecured, and lending monies by assignment of wages or salaries, earned or to be earned, and for other purposes.
The committee offered the following amendment to Senate Bill No. 156:
To amend by adding at the end of 5th line of caption the words "or buying salaries."
And by adding after the words "Business of" in the 9th line of Section 1 the following:" buying salaries or."
The committee amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Sutton of the 47th District-
Senate Bill No. 130. A bill to repeal Section 5-112, Chapter 5-l, Title 5 of the 1933 Code, providing that all funds collected by the Department of Agriculture shall be paid into the Treasurer of the State and distributed by apprOpriations provided by the General Assembly, and approved by the Governor, and for other purposes.

1620

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 122 be postponed until Monday, March 15th, and made a special order of business for the day. The consent was granted.

The following privilege resolutions were read and adopted:

By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Judge E. Earle Camp of Dublin, Ga.

By Senators Burgin of the 24th District and Millican of the 35th District-
A resolution extending the privileges of the floor to Mrs. Alpha Fowler, the charming wife of the distinguished Senator from the 39th District.

By Senator Terrell of the 19th District-
A resolution extending the privileges of the floor to Hon. F. R. Lowe of Warrenton, Ga.

By Senators Hardman of the 33rd District and Sammon of the 51st District-
A resolution extending the privileges of the floor to Judge W. W. Stark, a former member of the Senate.

By Senator Williams of the 5th District-
A resolution extending the privileges of the floor to Mrs. Fred Ricketson, prominent citizen of Coffee County.

THURSDAY, MARCH 11, 1937.

1621

By Senator Terrell of the 19th District- .
A resolution extending the privileges of the floor to Miss Irene Burkhalter of Warrenton, Ga.

By Senator Terrell of the 19th District-
A resolution extending the privileges of the floor to Hon. E. D. Ricketson of Warrenton, Ga.

Senator Atkinson of the 1st District moved that the Sen.,. ate do now adjourn and the motion prevailed.

The President Pro Tempore announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A.M.

1622

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, MARCH 12, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Terrell of the 19th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
Senator Harrison of the 17th District moved that the Senate reconsider its action in defeating Senate Bill No. 201 on yesterday.
The motion prevailed and the bill took its place at the foot of the calendar.
The Journal was confirmed.
Senator Johnson of the 42nd District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Privileges and Elections, read a second time, and recommitted to the Committee on Privileges and Elections:

FRIDAY, MARCH 12, 1937.

1623

By Senators Purdom of the 46th District, Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, and Griner of the 45th District-
Senate Bill No. 218. A bill providing that voters in any general election shall upon oath declare his political allegiance, and for other purposes.

By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Griner of the 45th District, and Purdom of the 46th District-
Senate Bill No. 219. A bill to amend Section 34-107 of the 1933 Code providing that registered voters shall state the name of the political party of which he or she is affiliated at least two months prior to any election, and for other purposes.

By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Purdom of the 46th District, and Griner of the 45th District-
Senate Bill No. 220. A bill to amend Section 34-805 of the Code of 1933 by requiring an oath of voters that he or she will not vote for any candidate in a general election except the nominee of the political party with which he or she is affiliated, and for other purposes.

By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Purdom of the 46th District, and Griner of the 45th District-
Senate Bill No. 225. A bill to amend Section 34-103 of the Code of 1933, by providing that in the oath to qualify an elector he shall set forth the name of the political party with which such elector is affiliated, and for other purposes. .
The consent was granted, the bills read a second time, and recommitted to the Committee on Privileges and Elections.

1624

JouRNAL oF THE SENATE,

Senator Almand of the 50th District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Agriculture, read a second time, and recommitted to the Committee on Agriculture:

By Senator Almand of the 50th District-
Senate Bill No. 20. A bill to repeal Code Section 5-1105 relative to tags being attached to bags or packages of fertilizer sold within this State, and for other purposes.
By Senator Almand of the 50th District-
Senate Bill No. 21. A bill to repeal an Act which relates to the unlawful sale of planting seed within the State, and for other purposes.
The consent was granted, the bills read a second time, and recommitted to the Committee on Agriculture.
The following bills of the Senate were introduced, read the first time, and referred to the committees:

By Senator Brock of the 37th District-
Senate Bill No. 227. A bill to amend Section 24-4108 of the 1933 Code, relating to the payment of salaries of the Deputy Clerk of the Supreme Court, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senators Spivey of the 16th District, Pope of the 7th District, Phillips of the 29th District, and Harrison of the 17th District-
Senate Bill No. 228. A bill to provide for the establishment and maintenance of equipment for the manufacture of highway signs, etc., and for other purposes.
Referred to Committee on Penitentiary.

FRIDAY, MARCH 12, 1937.

1625

By Senator Allen of the 31st District-
Senate Bill No. 229. A bill to amend an Act establishing the City Court of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senators Johnson of the 42nd District, Millican of the 35th District, Sutton of the 47th District, and Atkinson of the 1st District-
Senate Bill No. 230. A bill to provide for the conservation of resourceful agricultural land of Georgia, and for other purposes.
Referred to Committee on Agriculture.

Senator Sammons of the 51st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 211.
Respectfully submitted,
SAMMONs, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the Senate and

1626

JOURNAL OF THE. SENATE,

House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 226. Senate Bill No. 224. Senate Bill No. 223. House Bill No. 628. House Bill No. 715. House Bill No. 191. Senate Bill No. 216. House Bill No. 588. House Bill No. 666. House Bill No. 667.
Respectfully submitted, JACKSON, Chairman.

Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President:
Your Committee on Motor Vehicles has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 212.
Senate Bill No. 217.
Senate Bill No. 221. Respectfully submitted, SuTToN, Chairman.

FRIDAY, MARCH 12, 1937.

1627

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 222.
Respectfully submitted,
KNABB, Vice-Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 529.
Respectfully submitted,
PEEBLES, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

1628

JouRNAL OF THE SENATE,

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
House Bill No. 161.

Respectfully submitted, SHANNON, Chairman.

Senator Allen of the 31st District, Vice-Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the House and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 265. House Bill No. 341.
Respectfully submitted,
ALLEN, Vice-Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President: Your Committee on Agriculture has had under considera-
tion the following bills of the Senate and has instructed

FRIDAY, MARCH 12, 1937.

1629

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 148.
Senate Bill No. 169.

Respectfully submitted, PuRDOM, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President: Your Committee on Highways and Public Roads has had
under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 214 do pass. House Bill No. 167 do pass. House Bill No. 206 do pass. House Bill No. 129 do pass. House Bill No. 131 do pass. House Bill No. 645 do pass. House Bill No. 540 do pass. House Bill No. 557 do pass. House Bill No. 630 do pass. House Bill No. 629 do pass. House Bill No. 556 do pass. House Bill No. 230 do pass.

1630

jOURNAL OF THE SENATE,

House Bill No. 501 do pass. House Bill No. 528 do pass. House Bill No. 534 do pass. House Bill No. 300 do pass. House Bill No. 254 do pass. House Bill No. 550 do pass, as amended. House Bill No. 384 do pass. House Bill No. 61 do pass. House Bill No. 627 do pass. House Bill No. 585 do pass. House Bill No. 301 do pass. House Bill No. 403 do pass. House Bill No. 330 do pass. House Bill No. 170 do pass. House Bill No. 229 do pass. House Bill No. 395 do pass. House Bill No. 473 do pass. House Bill No. 461 do pass. House Bill No. 464 do pass. House Bill No. 308 do pass.

Respectfully submitted, PHILLIPs, Chairman.

FRIDAY, MARCH 12, 1937.

1631

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President: Your Committee on Highways and Public Roads has
had under consideration the following bills and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 74<~80h. House Bill No. 500. House Bill No. 366. House Bill No. 353. House Bill No. 454. House Bill No. 313. House Bill No. 79. House Bill No. 462. House Bill No. 566. House Bill No. 646.
House Bill No. 653.
House Bill No. 669.
House Bill No. 558.
House Bill No. 405.
House Bill No. 415.

Respectfully submitted, PHILLIPS, Chairman.

1632

JouRNAL oF THE SENATE,

Senator McKenzie of the 48th District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 378.
Respectfully submitted,
McKENZIE, Chairman.

Senator Burrell of the 40th District, Chairman of the Committee on Alto Sanatorium, submitted the following report:

Mr. President:
Your Committee on Alto Sanatorium has instructed me, as chairman, to report to the Senate upon our examination of the property as follows:
Your committee visited the Alto Sanatorium on the afternoon of March 4th.
We found the buildings and grounds in good shape, the buildings clean and sanitary throughout.
The institution, to the best of our knowledge, is efficiently staffed and is apparently giving scientific treatment to the tuberculous patients. The patients seem to be cheerful and happy under the treatment being received. We find the buildings filled to capacity, both white and colored with the exception of thirty beds in the Children's Building. We find a waiting list of over 1,000 patients clamoring to be admitted to the institution.

FRIDAY, MARCH 12, 1937.

1633

We make certain observations and recommendations as follows:

1. We find a great many patients that have been in the institution for a much longer time than the institution can benefit them by its treatment. These patients seem to have been given special favors through certain people that have permitted them to remain charges of the State. They should be sent home and their beds filled with some of the 1,000 on the waiting list that have never received the benefit of the scientific treatment that the institution can give them. We recommend this practice be discontinued and that the patients be moved at the discretion of the superintendent when he thinks the institution has rendered all the services necessary to the individual patients.

2. We find that for some years there has been a policy of admitting some patients that can pay a part of their per diem cost. This practice has been abused to the effect that some have represented themselves as being willing to pay so as to be advanced on the waiting list and get in immediately and on reaching the institution and staying a while refused to pay, thereby working an injustice on those that cannot afford to pay by displacing them on the waiting list. We recommend this practice be discontinued.
3. We also find that in the nurses' home more than one-fourth of the beds have been set aside for the special use of board members. Since these rooms can only be used once in a while, we recommend this practice be discontinued and the rooms be used for nurses so as to further treatment of the tuberculous sick.

4. Due to the fact there is a tremendous wa1 tmg list and the institution could serve more people if more beds were provided, we recommend that if an arrangement can be worked out with the Works Progress Administration that 260 more beds be added to the hospital, 200 for wh;te

1634

JouRNAL oF THE SENATE,

and 60 for colored patients. This will necessitate more housing space for nurses and doctors and a larger water supply.
Respectfully submitted,
BuRRELL, Chairman.

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bill and/or resolution of the Senate, to-wit:

By Senator Almand of the 50th District-
Senate Resolution No. 8. A resolution authorizing certain county officials to deposit in the library of the University of Georgia certain old newspapers and printed documents.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, and others-
Senate Bill No. 77. A bill to be entitled an Act to regulate and provide for the effect of conveyance and encumbrances of property of a deceased person before and after a year's support is set apart, to authorize ordinary to approve conveyances and encumbrances of interests of the children under year's support, to provide the procedure and effect of such approval, and for other purposes.
The House has disagreed to the Senate amendments to the following bill of the House:

By Messrs. Simmons of Decatur and Dugas of WhiteHouse Bill No. 5. A bill to be entitled an Act to amend

FRIDAY, MARCH 12, 1937.

1635

Title 92 ("Public Revenue") ("Motor Fuels") ("Sources of Revenue") ("Motor Fuel Tax Law"), etc., to provide laws and regulations for collecting motor fuel tax, etc., and for other purposes.

The House has agreed to the Senate substitute, as amend-

ed, to the following bill of the House:



By Messrs. Musgrove of Clinch, Freeman of Bibb, and Harris of Richmond-
House Bill No. 312. A bill to create a new division of the State Highway Department of Georgia to be known as the Division of United States Rural Post Roads, and for other purposes.
Upon motion of Senator Pope of the 7th District, the Senate insisted upon its position on House Bill No. 5, known as the "Bootleg Gasoline Act," and asked that a Committee of Conference be appointed.
The President appointed as a Committee of Conference on the part of the Senate to confer with a like committee from the House on House Bill No.5 the following:

Senators Jackson of the 14th District,
Pope of the 7th District, and
Millican of the 35th District.
House Bill No. 312, known as the Rural Post Roads Act, was taken up for the purpose of considering the following House amendments to the Senate substitute for House Bill No. 312:

By Mr. Kirbo of Decatur-
To amend Senate substitute by adding at the end of Section 10 the following:
"Provided the funds so accumulated to the credit of any county shall not be expended in any other county."

1636

JouRNAL oF THE SENATE,

By Mr. Welsch of Cobb-
To amend the Senate substitute to House Bill No. 312 by adding after the word "Division" in the third line of the caption the following:

"to provide for the salary for the Director."

To further amend Section 3 of the said substitute by adding at the end of the said section the following:

"The salary and expenses of the director shall not be more than $5,000.00 annually."

The Senate disagreed to the House amendments to the Senate substitute for House Bill No. 312.

The following communication from His Excellency, the Governor, was read:

HaN. JoHN B. SPIVEY, President, and Members of the Senate.

March 12, 1937.

Gentlemen: I hand you, herewith, an opm10n from the Attorney
General dealing with the Public Welfare legislation. This for your information. Sincerely yours, E. D. RIVERS,
Goue1-nor.

FRIDAY, MARCH 12, 1937.

1637

STATE OF GEORGIA DEPARTMENT OF LAw
Atlanta
(SEAL)
M. J. y EOMANS,
Attorney General,

HaN. E. D. RIVERs, Governor, State of Georgia, State Capitol, Atlanta, Georgia.

March 5, 1937.

., My Dear Goternor:
The Law Department has given careful study to "The Welfare Reorganization Act of 1937," which creates a State Department of Public Welfare, a. State Board of Public Welfare, defining their duties, and establishing County Departments, County Boards, and defining their duties, and providing for State and County appropriations for the purpose of carrying out the duties and obligations of the State Department, and maintaining the necessary welfare service within the various counties of this State, and defraying the cost of the administration of the services.

The general activities of the State Department briefly are as follows: administer public assistance for persons in need, old-age assistance, aid to dependent children and aid to the blind or otherwise handicapped.

we have also carefully considered separate Acts relating to each of these particular activities, being the "Old Age Assistance Act," the "Aid to Dependent Children Act," .and the "Aid to the Blind Act."

1638

JoURNAL OF THE SENATE,

The general bill creating the State Department of Public Welfare also provides for the administration of all child welfare activities, including those services as provided for in Public Number 271, Title V, (Part 3) as enacted by the 74th Congress of the United States in House Resolution 7260; and for cooperation with the Federal government and its agencies in establishing and instituting services for protection and care of dependent children, and assisting other departments of the State and Federal governments in performing services coming within the purpose of the Act. It might be said that th~ purpose of this Act is to put into force and operation the provisions of the Federal Social Security legislation.
The two questions are of controlling importance in passing upon the constitutionality of these various Acts. These questions are (1) whether the General Assembly can make an appropriation for the purpose of this social security legislation under the Constitution of this State, and (2) whether the counties can appropriate tax funds for the purpose of this legislation.
Under Article 7, Section 1, Paragraph 1 of the Constitution, Code of 1933, Section 2-4901, the first object of taxation over the whole State which may be exercised by the General Assembly is as follows:
"For the support of the State gov.;rnment and for public institutions."
If the State Department of Public Welfare is a "public institution" within the purview of this provision of the Constitution, an appropriation by the General Assembly for the purpose of these Acts is authorized.
A public institution has been defined as "any organized activity created or established by law or public authority.:'
32 c. J., 943;
State v. Clausen, 85 Washington, 260.

FRIDAY, MARCH 12, 1937.

1639

"A public institution of the State . . . is not alone . . . institutions of a physical character, but, also, all branches and departments created by law and exercising any activity or function defined by the Legislature."
32 c. J., 943;
State v. Clausen, 85 Washington, 260.

"Public institutions" are those which are created and exist by law or public authority, while "private institutions" are those which are created or established by private individuals for their own private purposes.
Toledo Bank v. Bond, 1 Ohio St., 622.
Mannington v. Hocking Val. Ry. Co., 183 Fed. 133.

An isolation hospital owned and operated by the City of Chicago was held to be a "public institution" within the prohibition of an Act limiting the employment of females for more than ten hours during any one day in public institutions.
People v. Chicago, 256 Ill., 558.

A State armory has been held to be a State institution within the meaning of the exception to the general labor law of New York, whereby eight hours constitute a day's work, which exception provides that the provisions of the Act shall not apply to persons regularly employed in "state institutions."
Burns v.. Fox, 98 App. Div. 507, 90 N. Y. Supp. 254,

1640

JOURNAL OF THE SENATE,

An "institution" may include not only its property, but also all of its legitimate activities that are consistent with, and in the furtherance of, the purposes for which it was organized. It is generally defined as anything forming a characteristic and persistent feature in social or national life or habits.
32 c. J. 942;
Corbin Y. M. C. A. v. Com., 181 Ky., 384.
Noble Co. v. Hamline, Univ., 46 Minn., 316.

The Supreme Court of Georgia has discussed the meaning of the word "institution" in a case involving a tax exemption, and quoted approvingly from an Ohio case this statement:
"The term 'institution' is sometimes used as description of an establishment, or place, where the business or operations of a society or association is carried on; at other times it is used to designate the organized body."
Gerks v. Purcell, 25 Ohio St. 244.
Trustees, etc. v. Bohler, Tax Collector, 80 Ga. 159, 162.
This Georgia case discusses the legal and colloquial meaning of the word "institution." The Acts in question embody all of the elements discussed in these definitions, in that they establish definite offices and physical places of doing business, as well as personnel staffs, directors, boards, etc., for
the administration of the laws.
When the Constitution of this State was ratified in December, 1877, there were then in existence the following State institutions:

FRIDAY, MARCH 12, 1937.

1641

The Georgia State Sanitarium, for the insane, at Milledgeville.

The Academy for the Blind at Macon.

The Academy for the Deaf and Dumb at Cave Springs.

Since the adoption of the Constitution of 1877 the General Assembly of Georgia has established, without amending the Constitution for such purposes, the following State institutions:
The Confederate Soldiers' home of Georgia, for the support and maintenance of Confederate soldiers, who are from infirmity or poverty unable to maintain themselves, established in 1900. (Ga. Laws 1900, p. 86).
The Georgia State Training School for Boys, established in 1905. (Ga. Laws 1905, p. 127).
A State Sanatorium for patients affiicted with tuberculosis or consumption, established in 1908. (Ga. Laws 1908, p. 101).
The Georgia Training School for Girls, established in 1913. (Ga. Laws 1913, p. 87).
The Georgia Training School for Mental Defectives, established in 1919. (Ga. Laws 1919, p. 378).

The Welfare Reorganization Act of 1937 establishes and creates a public institution. Section 2 of the Act is in part as follows:
"The State Department of Public Welfare is hereby declared to be an institution of the State of Georgia within the meaning of that term as defined in the Constitution and as codified in Section 2-4901 of the 1933 Code of Georgia, and as such institution is empowered and authorized to .administer, expend, and disburse funds ap-

1642

JouRNAL oF THE SENATE,

propriated to it and allocated to it by the General Assembly of Georgia and by the respective counties of said State and by the United States government through "its appropriating agencies and instrumentalities for the purpose of distributing old age assistance and all other benefits provided for in this Act."

There is another general rule that the Legislature must of necessity have a wide latitude in the enactment of laws.

Smith v. Chase, 109 So. 94, 91 Fla., 1044;

State v. Hooker, 98 P. 964, 22 Okla. 712;

Cooley Canst. Lim., (74th Ed.) p. 126.

The general rule is that the Legislature has the authority and it is its duty, on occasion, to deal with every element of human experience involved in the life of the community, and in the discharge of this duty, the sweep of its vision is a10 wide as the confines of human knowledge.
59 c. J. 525;
People v. Goldberger, 163 N.Y. S. 663.
There is a presumption of law in favor of the constitutionality of all Acts of the General Assembly; and only when they manifestly infringe upon the constitution or violate rights of citizens will they be declared unconstitutional. An Act of the Legislature should not be declared unconstitutional and set aside by the courts in a doubtful

FRIDAY, MARCH 12, 1937.

1643

case. The repugnancy between the statute and the constitution must be clear and palpable.

Wright, Camp. Gen., v. Hirsch, 155 Ga. 229.

It is the opinion of the Law Department that the State Department of Public Welfare, and all of the agencies and administrative branches thereof, as established in the Acts referred to above, are constitutional, and that as a public institution the State Department of Public Welfare may be supported by a general appropriation made by the General Assembly of this State as in the Acts set forth and contemplated.
We now come to an examination of the second question, namely, whether the counties of this State can lawfully appropriate tax funds for the puq~oses of these Acts.
The Acts as a whole provide generally for an expenditure of 10% of the necessary cost of administration to be borne by the individual counties, and for the 'appropriation by counties of the necessary amount of funds up to 10% of the total cost.
Under Article 7, Section 6, Paragraph 2, (Code of 1933, Section 2-5402) of the Constitution, the General Assembly has no power to delegate to any county a right to levy a tax for any purpose, except:
For educational purposes;
To build and repair the pul;>lic buildings and bridges;
To maintain and support prisoners;
To pay jurors and coroners, and for litigation, quarantine, roads, and expenses of courts;
To support paupers and pay debts heretofore existing

.. -"-

1644

JouRNAL oF THE SENATE,

To pay the county police, and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, disease and health.
If the objects and purposes to be served by these several Acts come within the purview of the purposes for which a county may levy taxes as above set forth, the Acts are constitutional.
It has been the policy of the State of Georgia from its earliest history to care for the poor and indigent among its worthy citizens. This policy is expressed in the first Code adopted in Georgia, the Code of 1863, Section 715 thereof being as follows:
"No person shall be entitled to the benefits of the provision for the poor who is able to maintain himself or herself by labor, or if not, has sufficient means, and any females who are unable to maintain themselves and the helpless children they may have also, they may be aided to the extent required in the furnishing of food, clothing or shelter."

This section of the Code of 1863 dealt with the right of counties to aid the needy, and it will be noted that it was the expressed policy of this State many years before the adoption of the Constitution of 1877. It may be assumed, in the light of this fixed policy of the State, that the framers of the Constitution, in limiting the power of counties to levy taxes, did not intend to exclude the levy of taxes for this taxes, did not intend to exclude the levy of taxes for this kind of service to its needy citizens.
The provisions in the Code of 1863 herein referred to have been included in every code adopted by the State of Georgia throughout its history, and are now found in Section 23-2301 of the Code of 1933.
The Supreme Court of Georgia has construed from time to time the constitutional limitation on the power of

FRIDAY, MARCH 12, 1937.

1645

counties to levy taxes, and a study of its decisions shows that it has uniformly held that a tax may be levied for any proper county purpose, though not specifically authorized by the Constitution, if such purpose is germane to an object or purpose that is specifically authorized.

It has been held that a county .may build a pier upon its property at the terminus of a public road, as a part of such road, including a pavilion for use by the public for observation and recreation, with restrooms and refreshment stands for the public comfort and convenience, and that the expenditure of county funds for such purpose was proper and legal.

McGinnis v. McKinnon, 165 Ga., 713.

This case involved the right of Glynn County to build a pier, pavilion, comfort-room and dance hall on St. Simons Island, at the terminus of a highway connecting the island with the mainland. The expenditure for these purposes was held to be lawful, all of the Justices concurring in the decision, under the authority in the Constitution, whereby a county may levy taxes "to build and repair the public buildings and bridges; . . . and for roads, . . . and to provide for necessary sanitation."
The building of an airport on land of a county, the main purpose of which is to facilitate travel and transportation through air and on land for the public convenience and general welfare, is a proper and legal county purpose as authorized by the Constitution. The building of a "boatgarage" by a county is also a proper and legal county purpose for which county funds may be expended.
Swager v. Glynn County, 179 Ga., 768.

1646

JouRNAL oF THE SENATE,

This case involved a construction of the uniform airport Act of 1933 (Ga. L. 1933, 102), which was held as not void as violative of Article 7, Section 6, Paragraph 2 of the Constitution, which is the limitation on counties to levy taxes. The airport Act was sustained as being authorized under the power expressed in the Constitution to levy taxes for the purpose of " roads."

It has been held also that a county may expend funds derived from the sale of highway refunding certificates in building and keeping a hospital to take care of sick convicts and the indigent poor of the county, although it has limited facilities for pay patients, and that such purpose is lawful and does not offend the provisions of Article 7, Section 6, Paragraph 2 of the Constitution of this State limiting the taxing power of counties.

Griner v. Bulloch County, 180 Ga., 619.
The provisions of the Constitution of Georgia inhibiting the delegation by the Legislature to any county of the right to levy a tax for any purposes except for those specified in Article 7, Section 6, Paragraph 2, among which purposes is that of providing for sanitation, is not offended by an Act authorizing the appropriation of funds for carrying on and aiding in the work of the eradication of cattle-ticks and the suppression "provide for necessary sanitation," is sufficiently comprehensive to authorize the raising and the expenditure of money for the purposes stated.
Townsend v. Smith, Ordinary, 144 Ga. 792;
Avera et. al. v. Clyatt et. al., Commissioners, 152 Ga. 280.

FRIDAY, MARCH 12, 1937.

1647

These cases recognize the right of a county to expend tax money for the eradication of cattle-ticks on the theory that such purpose is germane to the constitutional authorization of a tax for sanitation.

It has been held also that under the Constitution of
this State the Legislature has authority to authorize the counties thereof to employ county demonstration agents and to pay their salaries froil,l funds to be raised by county taxation.
Bowers v. Hanks, 152 Ga., 659 (3).
The court held in this case that the employment of county demonstration agents, whose salaries are paid from funds raised by county taxation, is lawful because their work is educational in its character and is germane to one of the objects for which a county may levy a tax.
The Law Department is of the further opinion that the State Department of Public Welfare, and the agencies and administrative branches thereof, are within the objects and purposes for which a county may levy taxes, as authorized by the Constitution of this State, and the several counties of this State may lawfully appropriate the necessary amount of funds therefor.

Yours very truly,
(Signed) M. J. YEOMANS,
Attorney General.

W. H. DucKwORTH, Assistant Attorney General.

DAVE M. PARKER, Assistant Attorney General.

1648

JouRNAL oF THE SENATE,

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

By Senator Shedd of the 3rd District-
Senate Bill No. 148. A bill to amend Chapter 5-9 of the Code relating to the prevention of the introduction within the State of diseases of Honey Bees; to provide expiration date for licenses; and for other puq)oses.

By Senator Shedd of the 3rd District-
Senate Bill No. 169. A bill providing that any dairyman or milk dealer may register the brand used on milk bottles with the Ordinary of any county in which he sells milk, and for other purposes.

By Senator Neely of the 36th District-
Senate Bill No. 211. A bill to amend an Act of August 17, 1923, providing tor the organization and taxation of incorporated mutual or cooperative fire insurance companies, and for othet purposes.

By Senators Jackson of the 14th District and Patten of the 6th District-
Senate Bill No. 212. A bill to provide for rules and regulations governing the use, lease and operation of school trucks and buses, and for other purposes.

By Senators McCutchen of the 43rd District and Hampton of the 41st District-
Senate Bill No. 214. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Senator Phillips of the 29th DistrictSenate Bill No. 216. A bill to pay the Sheriffs and Clerks

FRIDAY, MARCH 12, ~937.

1649

of the Superior Court the sum of three hundred dollars per annum for services for which they are not otherwise compensated, and for other purposes.

By Senators Jones of the 38th District, Sutton of the 47th . District, and Griner of the 45th District-
Senate Bill No. 217. A bill to amend Section 68-301 of the 1933 Code which provides the speed limits of motor vehicles, and for other purposes.

.By Senators Spivey of the 16th District, Atkinson of the 1st District, Allen of the 31st District, and Pope of the 7th District-
Senate Bill No. 221. A bill to create the office of Commissioner of Motor Vehicles, and for other purposes.

By Senator Purdom of the 46th District-
Senate Bill No. 222. A bill to amend Section 1Q0-101 of the 1933 Code relating to State depositories; to provide for a depository for the Town of Patterson; and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 223. A bill to give authority to County Commissioners and ex officio judges of Chatham County to fix, levy, and assess taxes and license fees, and for other purposes.

By Senators Patten of the 6th District and Atkinson of the 1st District-
Senate Bill No. 224. A bill to permit governing authorities of counties to fix, levy, and assess taxes and license fees, and for other purposes.

1650

JouRNAL OF THE SENATE,

By Senator Purdom of the 46th District-
Senate Bill No. 226. A bill to amend an Act establishing the City Court of Blackshear, and for other purposes.

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

By Mr. Parker of Colquitt-
House Bill No. 161. A bill to repeal Section 67-107 of the 1933 Code providing for the attestation and recording of mortgages and secm:ity deeds, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 167. A bill to amend an Act enabling the State Highway Department to effectually carry out and put into effect certain Constitutional Amendment, and for other purp.oses.

By Messrs. Freeman, Horne, and Weaver of Bibb-
House Bill No. 19i. A bill to amend Section 1141 of the Penal Code providing for a salary for coroners in certain counties, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 61. A bill to amend the HighwayMileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Dunn of Pike and McGraw of Meriwether-
House Bill No. 79. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

FRIDAY, MARCH 12, 1937.

1651

By Mr. Hill of Screven-
House Bill No. 129. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Dunn of Pike-
House Bill No. 131. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Dollar ofGrady-
House Bill No. 170. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Harrison of Crawford-
House Bill No. 206. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Whipple of Bleckley and Daughtry of Wilkinson-
House Bill No. 229. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Whipple of Bleckley-
House Bill No. 230. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Joel and Hill of Clarke-
House Bill No. 265. A bill to vest in the Tax Collectors in certain counties the power to appoint one or more depu-

1652

JouRNAL oF THE SENATE,

ties relative to the levy and collection of tax fi. fas., and for other purposes.

By Messrs. Herndon of Hart and Adams of Franklin-
House Bill No. 254. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Horne, Freeman, and Weaver of Bibb-
House Bill No. 300. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 301. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Whaley of Telfair and Jones and Smith of Dodge-
House Bill No. 308. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 313. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Beck of Carroll and Moore of Haralson-
House Bill No. 330. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

FRIDAY, MARCH 12, 1937.

1653

By Mr. Jones of Bartow-
House Bill No. 341. A bill to amend Chapter 106-3 of the 1933 Code providing that nothing contained in said chapter shall work any forfeiture of any right of any civil action in the courts of Georgia, and for other purposes.

By Messrs. Patten of Cook, Swindle of Berrien, and Goff of Tift-
House Bill No. 353. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Wall of Schley-
House Bill No. 366. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Croker of Paulding-
House Bill No. 384. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Oden of Pierce-
House Bill No. 395. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Corbett of Atkinson, Sapp of Coffee, and Swindle of Berrien-
House Bill No. 403. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

1654

JouRNAL oF THE SENATE,

By Messrs. Houze and Coleman of Lowndes, and Harrell and Blease of Brooks-
House Bill No. 405. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Jones of Jenkins and Bargeron of Burke-
House Bill No. 415. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 454. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 461. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Lewis and Bargeron of Burke, and others-
House Bill No. 462. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Clark of Catoosa-
House Bill No. 464. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Hodges of Liberty-
House Bill No. 473. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

FRIDAY, MARCH 12, 1937.

1655

By Mr. Wilson of Murray-
House Bill No. 500. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
By Messrs. Fitts of Madison and Adams of Franklin-
House Bill No. 501. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 528. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Milam and Harris of Spalding-
House Bill No. 529. A bill to amend the Act revising the charter of the City of Griffin, and for other purposes.
By Messrs.- Sapp of Coffee, Corbett of Atkinson, Rawlins of Ben Hill, and Harrell of Oglethorpe-
House Bill No. 534. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
By Messrs. Brewton of Evans and Hodges of Liberty-'-
House Bill No. 540. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Gross of Stephens-
House Bill No. 550. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

1656

JouRNAL OF THE SENATE,

By Mr. Drake of Seminole-
House Bill No. 556. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Drake of Seminole and Bridges of Early-
House Bill No. 557. A biil to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Parker and Barlow of Colquitt, and others-
House Bill No. 558. A bill to amenci. the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Musgrove of Clinch--
House Bill No. 566. A bill to amend an Act enabling the State Highway Department to effectually carry out certain provisions of an amendment to the State Constitution, and for other purposes.

By Mr. Adams of FranklinHouse Bill No. 585. A bill amending the Highway
Mileage Act by adding a road to the State Aid System, and for other purposes.
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 588. A bill to authorize Boards of County Commissioners to adopt building codes, and for other purposes.
By Messrs. Manry of Calhoun and Carmichael of Randolph-
House Bill No. 627. A bill to amend the Highway

FRIDAY, MARCH 12, 1937.

1657

Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Horne of Bibb-
House Bill No. 628. A bill to increase the salaries of County Commissioners of Bibb County, and for other purposes.

By Mr. Thomas of Chattooga-
House Bill No. 629. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Thomas of Chattooga-
House Bill No. 630. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 645. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of-Fulton-
House Bill No. 646. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Hill of Screven, Guyton of Effingham, and Jones of Jenkins-
House Bill No. 653. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

1658

JouRNAL oF THE SENATE,

By Mr. Gross of Stephens-
House Bill No. 666. A bill to repeal an Act creating the Board of Commissioners of Roads and Revenues of Stephens County, and for other purposes.

By Mr. Gross of Stephens-
House Bill No. 667. A bill to create a Board of Commissioners of Roads and Revenues of Stephens County, and for other purposes.

By Mr. Harden of Turner-
House Bill No. 669. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Moore of Lumpkin-
House Bill No. 715. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lumpkin County, and for other purposes.

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

By Messrs. Batchelor of Putnam, Hollis of Morgan, Moore of Taliaferro, and others-
House Resolution No. 74. A resolution designating the Jefferson Davis Highway, and for other purposes.

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

By Mr. Jones of Brantley-
Hause Bill No. 617. A bill to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the Ordinary, the Sheriff, and the Tax Commissioner, and for other purposes.

FRIDAY, MARCH' 12, 1937.

1659

Senator Shedd of the 3rd District offered the following amendment to House Bill No. 617:
To amend by adding at the end of Section 3 the following:
"Said Commissioner shall fix the salary of the County Attorney at not less than $240.00 per annum and not more than $300.00 per annum payable monthly."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Neely of the 36th District-
Senate Bill No. 208. A bill to repeal an Act of December 14, 1871, creating Commissioners of Roads and Revenues for Meriwether County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutioQQ,.l majority was passed.

By Senator Shedd of the 3rd District-
Senate Bill No. 204. A bill to amend an Act creating the office of County Tax Commissioner of Wayne County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, :was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.

1660

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Senator Almand of the 50th District-
Senate Bill No. 213. A bill to amend the charter of the City of Athens, Georgia, relative to payment of pensions to city employees, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr.. Morgan of Troup-
House Resolution No. 20. A resolution to relieve J. H.
Murphy and I. I. West as sureties on the bond of Heyward Alverson.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Mr. Smith of Dodge-
House Resolution No. 36. A resolution to relieve L. C
Ragan as surety on a bond, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, the nays 0.

FRIDAY, MARCH 12, 1937.

1661

The resolution having received the requisite constitutional majority was adopted.
By Mr. Jones of AlbertHouse Resolution No. 130. A resolution to relieve
J. E. Brown of Elbert County as surety on the bond of Sie Sailing, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Mr. Howard of Chattahoochee-
House Bill No. 650. A bill to repeal an Act approved August 5, 1913, and all Acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues in and for the County of Chattahoochee, and for other purposes.

Senator Burgin of the 24th District offered the following amendment to House Bill No. 650:
To amend by adding a new section to be known as Section 14 and to read as follows:
"Section 14. The County Commissioners are hereby authorized and required to have an audit made of the books of all county officers handling public funds at least once every two years, provided that the books of the County Board of Education and the County School Superintendent who are already being audited by the State Department of Education shall not be included."
Also amend said bill by re-numbering Sections "14" and "15" as "15" and "16" respectively.
The amendment was adopted.

1662

JouRNAL OF THE SENATE, ,r

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 36, the nays 0.
The bill having received the requisite constitutional maiority was passed, as amended.

By Messrs. Reid and Beck of Carroll-
House Bill No. 283. A .bill to relieve J. H. Bursori,
Tax Commissioner of Carroll County, Georgia, of certain State and County taxes, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 358. A bill to require candidates in primary elections for members of the General Assembly in Sumter County to specify incumbent which they desire to oppose, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Leonard, Elliott, and Smith of Muscogee--
House Bill No. 452. A bill to repeal an Act approved August 4, 1~17, entitled "An Act to require all political parties in Muscogee County to nominate their candidates

FRIDAY, MARCH 12, 1937.

1663

for county officers by primary elections," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 423. A bill to amend an Act establishing a City Court in the County of Hall, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. McCravey of Union-
House Bill No. 595. A bill to establish the City Court of Blairsville, and for other purposes.
The repor(of the committee, which was favorable t~ the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the. nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Ennis and Moore of Baldwin---:

House Bill No. 598. A bill to fix the bond of the Sheriff of Baldwin County at $3,000.00, and for other purposes.

The report'of the committee, which was favorable to. the

passage of the bill, was agreed to.

i

1664

JouRNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Whitaker of Clayton-
House Bill No. 648. A bill to establish the City Court of Jonesboro in and for the County of Clayton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Newton ofToombs-
House Bill No. 508. A bill to amend an Act establishing the City Court of Lyons so as to give said City Court of Lyons jurisdiction in civil cases where the principal sum claimed is less than $100.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Peters and McGraw of Meriwether-
Hause Bill No. 378. A bill to require candidates in primary elections for members of the General Assembly in Meriwether County to specify the particular incumbent which they desire to oppose or succeed, and for other purposes.

FRIDAY, MARCH 12, 1937.

1665

Senator Neely of the 36th District offered the following amendment to House Bill No. 378:
To amend by adding the words "and for member of Commissioners of Roads and Revenue" wherever the words "General Assembly" appear and to amend the caption accordingly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35, the nay~ 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 505. A bill to empower the Board of Commissioners of Roads and Revenues or Ordinary in counties having a population of 200,000 or more, to acquire real estate by purchase or condemnation when such acquisition is necessary for slum clearance, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Smith and Jones of Dodge-
House Bill No. 489. A bill to prohibit the running at large of goats in counties having a population of not less than 21,500 and not more than 21,600, according to the 1930 census, and for other purposes.

1666

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 28, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 346. A hill to require all candidates fot the General Assembly in counties having a population between 29,990 and 29,998 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 30, the nays 0.
The hill having received the requisite constitutional majority. was passed.

By Mr. Musgrove of Clinch-
House Bill No. 306. A hill to provide for the holding of three terms a year of the Superior Court of Clinch County, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 38, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Mr. Pirkle of Forsyth-
House Bill No. 202. A bill to provide for holding three terms a year of the Superior Court of Forsyth County, and for other purposes.

FRIDAY, MARCH 12, 1937.

1667

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 90. A bill to authorize the Board of County Commissioners to make regulations as to traffic on the public roads of the county, outside the municipalities, in c<;mnties of over 200,000 population, and for other purposes.
The report of the committee, which was favorable to the. passage of the the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority w~s passed.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 590. A bill to authorize the County Commissioners to improve the sanitary conditions of the county by providing systems of garbage disposal, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the p,assage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

1668

JouRNAL oF THE SENATE,

By Senators Whitehead of the 30th District, Terrell of the 19th District, Pope of the 7th District, and Thrasher of the 27th District-
Senate Bill No. 209. A bill concerning the guardianship of incompetent veterans, orphans of deceased veterans, and other incompetent and minor beneficiaries of the veterans administration, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Whitehead of the 30th District asked unanimous consent that Senate Bill No. 209 be immediately transmitted to the House and the consent was granted.

By Senator Atkinson of the 1st District-
Senate Bill No. 144. A bill to further regulate the business of taking salary assignments, to provide penalties for violations thereof, and for other purposes.

Senator Harrell of the 12th District moved that Senate Bill No. 144 be tabled. The motion was lost.
Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 1:00 o'clock to reconvene at 2:00 o'clock, P. M., to remain in session until"otherwise ordered by the Senate. The consent was granted.
The committee offered the following amendments to Senate Bill No. 144:
To amend by striking from the first section all of the words following, "assignor or vendor" in the 11th line thereof so that said section when so amended will read as follows:

FRIDAY, MARCH 12, 1937.

1669

"Section 1. That no action, at law or in equity, shall be instituted or maintained against the assignor or vendor of salary or wages or against the employer, in any of the courts of this State, for the enforcement of any contract, or for any tort based upon or arising out of any contract, written or oral, whereby any earned or unearned salary or wages is assigned, whether such assignment or sale is of the whole or a part of such earned or unearned salary or wages, unless it shall appear that written notice or the assignment or sale of such salary or wages has been given to the employer of the assignor or vendor."
Further amend by striking all of Section 2.
Further amend by changing the numbers of Sections 3 and 4 to Sections 2 and 3.
The amendments were adopted.
Senator Atkinson of the 1st District offered the following amendment to Senate Bill No. 144:
To amend by adding at the end of Section 1 the following:
"Within five days after the date of the assignment."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 29, the nays 4.
The bill having received the requisite constitutional majority was passed, as amended.
The President announced that the Senate now stood recessed until2:00 o'clock, P.M.
The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.
The following communication was read:

1670

JouRNAL oF THE SENATE,

HoN. JoHN W. HAMMOND, Secretary of the Senate, State of Georgia, Atlanta, Georgia.

March 10, 1937.

My Dear Mr. Hammond:

The resolution adopted by the General Assembly of

Georgia, requesting the Federal Government to undertake

the constructibn of a dam on the Savannah River near

Clarks Hill, has been referred to this Department for con-

sideration and acknowledgment.

'

The Federal Power Commission is now engaged in a

survey to determine the availability of a power market in

the vicinity of the Clarks Hill Dam so that appropriate

consideration may be given to the economic advisability

of its construction at the present time.



Very truly yours,

. E. M. MARKHAM,

Major General,

Chief of Engineers.

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and/or resolutions of the House, to-wit:

By Messrs. Leonard and Elliott of MuscogeeHouse Bill No. 190. A bill to be entitled an Act to amend

FRIDAY, MARCH 12, 1937.

1671

Sections 84-321 and 84-9903 of the 1933 Code relating to the practice of the profession of architecture in this State, and for other purposes.

By Mr. Taunton of Taylor-
House Bill No. 638. A bill to reduce the bond of the Sheriff of Taylor County.

By Mr. McCracken of Jefferson__:_
House Bill No. 654a. A bill to reduce the bond of the Sheriff of Jefferson County.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 660. A bill to be entitled an Act to amend an Act establishing a charter for the City of Macon by fixing working hours for firemen, and for other purposes.

By Mr. Rawlins of Ben Hill-
House Bill No. 662. A bill to be entitled an Act to repeal the Act approved March 8, 1933, amending the Act creating the office of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes.

By Mr. Rawlins of Ben Hill-
House Bill No. 663. A bill to reduce the bond of the Sheriff of Ben Hill County.

By Mr. Daughtry of Wilkinson-
House Bill No. 670. A bill to be entitled an Act to amend an Act incorporating the Town of Mcintyre, so as to change the town limits, and for other purposes.

By Messrs. Smith and Jones of DodgeHouse Bill No. 686. A bill to regulate the holding of

1672

JouRNAL OF THE SENATE,

primary elections in Dodge County, Georgia, by all political parties, and for other purposes.

By Messrs. Jones and Smith of Dodge-
House Bill No. 687. A bill to regulate the holding of primary elections by all political parties in Dodge County, and for other purposes.

By Messrs. Keel, Davis., and Lanham of Floyd-
House Bill No. 688. A bill to be entitled an Act to amend "An Act to create a new charter and Municipal Government for the City of Rome," and for other purposes.

By Mrs. Coxon of Long-
House Bill No. 706. A bill to reduce the bond of the Sheriff of Long County.

By Mr. Warnell of Bryan-
House Bill No. 710. A bill to be entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes.

By Messrs. Carmichael of Cobb and Freeman of Bibb-
House Bill No. 723. A bill to be entitled an Act to amend an Act approved March 23, 1935; to legalize the making and manufacturing and selling of domestic and foreign wines; to license dealers in wine; to provide a tax on all wines manufactured or sold; and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 657. A bill to be entitled an Act to amend an Act establishing a charter for the City of Macon by providing for retirement pensions for Macon firemen and policemen, and for other purposes.

FRIDAY, MARCH 12, 1937.

1673

By Mr. Pound of Hancock-
House Resolution No. 28-151a. A resolution proposing for ratification or rejection an amendment to Article 7, Section 6, Paragraph 2 of the Constitution of Georgia giving the right to any county to levy a tax for the purpose of paying county agricultural and home demonstration agents, and for other purposes.

The following resolution of the House was read the first time and referred to the committee:

By Mr. Pound of Hancock-
House Resolution No. 28. A resolution proposing for ratification or rejection an amendment to Article 7, Section 6, Paragraph 2 of the State Constitution, giving the right to any county to levy a tax for the purpose of paying county agricultural and home demonstration agents, and for other purposes.
Referred to Committee on Amendments to the Constitution.

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

By Messrs. Freeman, Weaver, and Horne of BibbHouse Bill No. 657. A bill to amend an Act establishing
the charter for the City of Macon, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Carmichael of Cobb and Freeman of Bibb-
House Bill No. 723. A bill to amend an Act approved March 23, 1935, to legalize the making and manufacturing and selling of domestic and foreign wines, and for other purposes.
Referred to Committee on Temperance.

1674

JouRNAL oF THE SENATE,

The following resolution was read and adopted:
By Senator Sutton of the 47th District-
Senate Resolution No. 88. A resolution extending the sincere appreciation of the Senate to the Georgia Woman's Democratic Club for the delightful picnic lunch served the members of the Senate in the corridors of the Capitol.
The President introduced to the Senate several distinguished members of the Woman's Democratic Club who were present.
Senator Purdom of the 46th District asked unanimous consent that the Senate members of the Conference Committee on House Bill No. 18, known as the Highway Patrol Act, be authorized, in conjunction with the House conferees, to supervise the enrollment of the bill, in order that the completed document shall properly incorporate the details of the conference report as intended by the Conference Committee.
The consent was granted.
The following privilege resolutions were read and adopted:
By Senator Thrasher of the 27th District-
A resolution extending the privileges of the floor to Hon. Hugh Carithers.
By Senator Whitehead of the 30th DistrictA resolution extending the privileges of the floor to Hon.
J. 0. M. Smith, a former member of the Senate.
By SenatOr Spivey of the 16th DistrictA resolution extending the privileges of the floor to Mrs.
Susie T. Moore, a former member of the Senate.
Senator Purdom of the 46th District moved that the Senate do now adjourn until Monday, March 15th, at 10:00 o'clock, A. M. The motion prevailed.
The President announced that the Senate stood adjourned until Monday at 10:00 o'clock, A. M.

MoNDAY, MARCH 15, 1937.

1675

SENATE CHAMBER, ATLANTA, GA., MoNDAY, MARCH 15, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Burgin of the 24th District, Secretary of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
The following resolution of the Senate was read and adopted:
By Senators Sutton of the 47th District and Harrison of the 17th District-
Senate Resolution No. 89. A resolution extending the sympathy of the Senate to the Hon. Wm. B. Harrison, Comptroller General, upon his illness, and for other purposes.

1676

JouRNAL oF THE SENATE,

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

By Senator Jones of the 38th District-
Senate Bill No. 231. A bill to provide for the change of county lines lying within the limits of incorporated towns and cities, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Lindsay of the 34th District-
Senate Bill No. 232. A bill to amend an Act defining and regulating the practice of law and prohibiting corporations and persons other than duly licensed attorneys at law from practicing law or performing legal services, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Lindsay of the 34th DistrictSenate Bill No. 233. A bill to provide for county prima-
ries in DeKalb County for the purpose of nominating county officers, and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Pope of the 7th District-
Senate Bill No. 234. A bill to amend the charter of the City of Thomasville, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Millican of the 35th District-
Senate Bill No. 235. A bill to amend Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize the City of Atlanta to issue refunding bonds; to borrow money; to issue debt certificates; and for other purposes.

MoNDAY, MARCH 15, 1937.

1677

Referred to Committee on Amendments to the Constitution.

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Purdom of the 46th District-
Senate Bill No. 236. A bill to establish an unemployment compensation division of the Department of Labor, and for other purposes.
Referred to Committee on Industrial Relations.

By Senators Spivey of the 16th District and Atkinson of the 1st District-
Senate Bill No. 237. A bill to amend Section 54-301 of the Code of 1933 by raising the age limit of child labor to 18 years, and for other purposes.
Referred to Committee on Industrial Relations.

By Senators Spivey of the 16th District and Atkinson of the 1st District-
Senate Bill No. 238. A bill to amend Code Section 114107 in reference to Workmen's Compensation Awards, and for other purposes.
Referred to Committee on Industrial Relations.
The following bills of the House were read the first time and referred to the committees:

By Messrs. Leonard and Elliott of Muscogee-
House Bill No. 190. A bill to amend Sections 84-321 and 84-9903 of the 1933 Code relating to the practice of the profession of architecture, and for other purposes.
Referred to Committee on Uniform Laws.

1678

JouRNAL OF THE SENATE,

By ~r. Taunton of Taylor-
House Bill No. 638. A bill to reduce the bond of the Sheriff of Taylor County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. McCracken of Jefferso~-:-
House Bill No. 654-A. A bill to reduce the bond of the
Sheriff of Jefferscin County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 660. A bill to amend an Act establishing a charter for the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Rawlins of Ben Hill-
House Bill No. 662. A bill to repeal an Act amending the Act creating the office of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Rawlins of Ben Hill-
House Bill No. 663. A bill to reduce the bond of the Sheriff of Ben Hill County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Daughtry of Wilkinson-
House Bill No. 670. A bill to amend an Act incorporating the Town of Mclntyre, and for other purposes.
Referred to Committee on Municipal Government.

MoNDAY, MARCH 15, 1937.

1679

By Messrs. Smith and Jones of Dodge-
House Bill No. 686. A bill to regulate the holding of primary election in Dodge County by all political parties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Jones and Smith of Dodge-
House Bill No. 687. A bill to regulate the holding of primary elections by all political parties of Dodge County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Keel, Davis, and Lanham of FloydHouse Bill No. 688. A bill to amend an Act creating
a new charter and Municipal Government for the City of Rome, and for other purposes.
Referred to Committee on Municipal Government.

By Mrs. Coxon of Long-
House Bill No. 706. A bill to reduce the bond of the Sheriff of Long County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Warnell of Bryan-
House Bill No. 710. A bill to amend. an Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes.
Referred to Committee on Counties and County Matters.
The following message was received from the House through Mr. King~ry, the Clerk thereof:

1680

JouRNAL OF THE SENATE,

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and/or resolutions of the House and/or Senate, to-wit:

By Messrs. Ragan of Pulaski, Whipple of Bleckley, Smith of Dodge, and others-
House Bill No. 239. A bill to be entitled an Act to provide additional compensation for the Official Stenographic Reporter of the Superior Courts of Oconee Judicial Circuit of Ga., and for other purposes.

By Messrs. Ennis and Moore of Baldwin-
House Bill No. 644. A bill to be entitled an Act to require payment of fees of clerks and sheriffs of the Superior Court in divorce cases in counties having a population of not less than 22,778 and or more than 22,970, and for other purposes.

By Messrs. Smith, Elliott, and Leonard of Muscogee-
House Bill No. 656. A bill to be entitled an Act amending the charter of Columbus, Ga., so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city, and for other purposes.

By Mr. Taunton of Taylor-
House Bill No. 665. A bill to be entitled an Act to consolidate and codify the various Acts incorporating the City of Butler, Ga., and for other purposes.
By Mr. Goff of Tift-
House Bill No. 674. A bill to be entitled an Act to amend the charter of the City of Tifton, to repeal Sections 15, 16, 17, 18, 19, and 20 provided by Acts 1920, and for other purposes.

MoNDAY, MARCH 15, 1937.

1681

By Mr. Bridges of Early-
House Bill No. 680. A bill to be entitled an Act to repeal the Act approved August 6, 1929 changing the number of terms per year of the City Court of Blakely, by providing for the terms of Court, and prescribing the jurisdiction of the Court at such terms, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 692. A bill to be entitled an Act to amend an Act entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Franklin County; to fix the term and compensation of sa1d officer; and for other purposes.

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 698. A bill to be entitled an Act to amend the charter of the City of Americus; to provide for 5 commissioners of the City of Americus; to provide the manner of the election of said commissioners; and for other purposes.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 704. A bill to authorize counties having a population of over 200,000 to create a county Board of Welfare, and for other purposes.

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 705. A bill to be entitled an Act to amend an Act entitled an Act to incorporate the City of Swainsboro in the County of Emanuel, and for other purposes.

1682

JouRNAL OF THE SENATE,

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 707. A bill to be entitled an Act t;o amend the Act of 1927, establishing a charter for the City of Macon, by appropriating from the funds of the Macon Water Board $20,000 annually to the Macon Hospital, and for other purposes.

By Mr. Warnell of Bryan-
House Bill No. 709. A bill to be entitled an Act to amend an Act entitled an Act to create and establish the County Treasurer of Bryan County, Ga., to provide his election, and for other purposes.

By Mr. Daughtry of Wilkinson-
House Bill No. 712. A bill to be entitled an Act to amend "An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County," and for other purposes.

By Mr. McCracken of Jefferson-
House Bill No. 713. A bill to be entitled an Act to amend an Act approved August 7, 1918, creating a Board of Roads and Revenue of Jefferson County, so as to provide that each county commissioner holding office under this Act, shall give a bond in the sum of $4,000.00, and for other purposes.

By Mr. Swindle of Berrien-
House Bill No. 714. A bill to be entitled an Act to reduce the official bond of the Sheriff of Berrien County, and for other purposes.
By Messrs. Parker and Barlow of Colquitt. House Bill No. 716. A bill to be entitled an Act to create and establish a new charter for the City of Moultrie, and for other purposes.

MoNDAY, MARCH 15, 1937.

1683

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 718. A bill to be entitled an Act to amend Sections 5 and 7 of an Act approved August 14th, 1931, entitled "An Act to abolish the offices of Tax Receiver and Tax Collector of Decatur County," and for other purposes.

By Mr. Campbell of Newton-
House Bill No. 720. A bill to be entitled an Act to amend the charter of the City of Covington, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 721. A bill to be entitled an Act to amend an Act to regulate public instruction in the County of Richmond, and for other purposes.

By Mr. Brooks of Oglethorpe-
House Bill No. 725. A bill to be entitled an Act to amend an Act entitled an Act to establish the City Court of Lexington, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 728. A bill to be entitled an Act to amend the charter of the City of Valdosta, and the Mayor and Council shall have full power and authority to require any person, firm or co.rporation engaged in any business or profession to pay license and to use same for school purposes, and for other purposes.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 731. A bill to be entitled an Act establishing the City Court of Gwinnett County, and for other purpOSS.

1684

JouRNAL OF THE SENATE,

By Messrs. Grayson, Cohen, and McNall of Chatham-
House Bill No. 733. A bill to be entitled an Act to alter, revise and amend the several Acts incorporating the Mayor and Councilmen of Town of Tybee now known as Savannah Beach, and for other purposes.

By Messrs. Scruggs and Dukes of Washington-
House Bill No. 747. A bill to be entitled an Act to amend an Act fixing the salary of the County Commissioners of Washington County, and for other purposes.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 748. A bill to be entitled an Act to amend an Act entitled an Act to amend the charter changing the present form of goyernment for the City of College Park, and for other purposes.

By Mr. Newton ofToombs-
House Bill No. 753. A bill. to be entitled an Act to create and incorporate the City of Charles, to grant a charter to that municipality, and for other purposes.

By Messrs. Jones and Smith of Dodge-
House Bill No. 754. A bill to be entitled an Act to amend an Act entitled" An Act to incorporate the Town of Chauncey, in the County of Dodge," and for other purposes.
By Messrs. Joel and Hill of Clarke-
House Bill No. 756. A bill to be entitled an Act to amend an Act to amend the charter of the Town of Athens, by providing an amendment to the charter of .the Mayor and Council of Athens, authorizing and directing the Mayor and Council to establish a fund for the payment of pensions to school teachers and Superintendents of Schools, and for other purposes.

MoNDAY, MARCH 15, 1937.

1685

By Messrs. Moore and Ennis of Baldwin-
House Bill No. 758. A bill to be entitled an Act to amend an Act creating a new charter for Milledgeville, by providing that the authorities of Milledgeville may levy a 2 mill increase in tax for the support of the public schools of said city, and for other purposes.

By Mr. Dukes of Washington-
House Bill No. 450. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Washington County, and for other purposes.

By Messrs. Cochran and Edwards of Thomas-
House Resolution No. 49-294a. A resolution authoriZing the State Librarian to furnish certain volumes to Thomas County, and for other purposes.

By Mr. Claxton of Camden-
House Resolution No. 126-533a. A resolution authorizing State Librarian to furnish certain volumes to Camden County, and for other purposes.

By Mr. Taunton of Taylor-
House Resolution No. 200-675c. A resolution authorizing State Librarian to furnish certain volumes to Taylor County.

By Mr. Daughtry of Wilkinson-
House Resolution No. 202-717a. A resolution authorizing State Librarian to furnish certain books to Wilkinson County.

By Messrs. Joel and Hill of ClarkeHouse Resolution No. 207. A resolution inviting Hon.

1686

JouRNAL OF THE SENATE,

James Roosevelt to address a joint session of the General Assembly of Georgia.

By Senator Pruett of the 32nd District-
Senate Bill No. 96. A bill to amend Section 26-2502 of the 1933 Code providing punishment for robbery by open force or violence so that the punishment shall be death or life imprisonment instead of four to twenty years, and for other purposes.

By Senator McCutchen of the 43rd District-
Senate Bill No. 182. A bill to provide for the levying of a tax for the maintenance of public schools in Dalton County; to fix the limit to be observed in the levying of such tax; and for other purposes.

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:

By Mr. Oden of Pierce-
House Bill No. 777. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Pierce County, and for other purposes.

By Mr. Oden of Pierce-
House Bill No. 778. A bill to be entitled an Act to repeal the Act creating the office of Commissioner of Roads and Revenues of Pierce County, and for other purposes.

MoNDAY, MARCH 15, 1937.

1687

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 697. A bill to be entitled an Act to amend an Act establishing the new charter for the City of of Atlanta approved February 28, 1874, and the several acts amendatory thereof, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House recedes from its position on House Amendment No. 2 and insists on its Amendment No. 1 to the Senate Substitute to the following bill of the House, to-wit:

By Messrs. Musgrove of Clinch, Freeman of Bibb, and Harris of Richmond-
House Bill No. 312. A bill to be entitled an Act to create a New Division of the State Highway Department of Georgia to be known as the Division of United States Rural Post Roads, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:

By Mr. Smith of Muscogee-
House Resolution No. 212. A resolution providing for a joint session of the General Assembly at 12:10, P. M., today to hear a message from His Excellency, the Governor of Georgia.

1688

JouRNAL OF THE SENATE,

The Speaker has appointed as a committee of escort on the part of the House the following members of the House, to-wit:
Messrs. Jones of Dodge,
Manry of Calhoun, and
.Etheridge of Houston.

Senator Jackson of the 14th District asked unanimous consent that House Bill No. 715, a local bill affecting Lumpkin County, be recommitted to the Committee on Counties and County Matters. The consent was granted.

Senator Pope of the 7th District asked unanimous consent that the following bill of the House be withdrawn from the committee on Temperance, read a second time, andrecommitted to the Committee on Temperance:

By Messrs. Carmichael of Cobb and Freeman of Bibb-
House Bill No. 723. A bill to amend an Act approved March 23, 1935, to legalize the making and manufacturing and selling of domestic and foreign wines, and for other purposes.
The consent was granted, the bill read a second time, and recommitted to the Committee on Temperance.

Senator Johnson of the 42nd District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Agriculture, read a second time, and recommitted to the Committee on Agriculture:

By Senators Johnson of the 42nd District, Millican of the 35th District, Sutton of the 47th District, and Atkinson of the 1st District-
Senate Bill No. 230. A bill to provide for the conservation of resourceful agricultural land of Georgia, and for other purposes.

MoNDAY, MARCH 15, 1937.

1689

The consent was gran ted, the bill read a second time, and recommitted to the Committee on Agriculture.

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

By Senators McCutchen of the 43rd District and Hampton of the 41st District-
Senate Bill No. 214. A bill to amend the Highway Mileage Act, known as the Traylor-Neill Bill, so as to add a road in Murray County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Atkinson of the 1st District-
Senate Bill No. 223. A bill to give authority to County Commissioners and ex officio judges of Chatham County to fix, levy and assess taxes and license fees, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Purdom of the 46th District-
Senate Bill No. 226. A bill to amend an Act establishing the City Court of Blackshear, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Phillips of the 29th District-:-
Senate Bill No. 216. A bill to pay the Sheriffs and Clerks of the Superior Court in certain counties the sum of three hundred dollars per annum for which they are not otherwise compensated, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gross of Stephens-
House Bill No. 667. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Stephens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to. /
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 167. A bill to amend that certain Act entitled "An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of an amendment to the Georgia Constitution so as to authorize the governing or fiscal authorities of certain counties to give, assign and transfer certain of the certificates

MoNDAY, MARCH 15, 1937.

1691

of indebtedness of the Highway Department held by such counties to Boards of Education therein," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Joel and Hill of Clarke-
House Bill No. 265. A bill to vest in the Tax Collectors of the State in all counties having a population of not less than 25,600 and not more than 25,650, the power and authority to appoint one or more deputies relative to the levy and collection of tax fi. fas., and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Musgrove of Clinch-
House Bill No. 566. A bill to amend an Act enti tied "An Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia proposed by the General Assembly of Georgia by an Act approved August 25, 1931," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

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JouRNAL OF THE SENATE,

By Messrs. Milam and Harris of Spalding- .
House Bill No. 529. A bill to amend "An Act to revise and consolidate the several Acts of the General Assembly granting and amending the charter of the City of Griffin," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Horne of Bibb-
House Bill No. 628. A bill to increase the salaries of the County Commissioners of Bibb County from six hundred to nine hundred dollars per year, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gross of Stephens-
House Bill No. 666. A bill to repeal the Act creating the Board of Roads and Revenues of Stephens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, MARCH 15, 1937.

1693

The following resolution of the House was read and adopted:

By Mr. Smith of Muscogee-
House Resolution No. 212. A resolution providing for a joint session of the General Assembly for the purpose of hearing a message from His Excellency, the Governor, at 12:10 o'clock, March 15th, and to provide for a committee of escort.
The President appointed as a committee of escort on the part of the Senate the following:
Senators Burrell of the 40th District, and
Sammon of the 51st District.

By Senators Atkinson of the 1st District and Pope of the 7th District-
Senate Bill No. 122. A bill to amend Section 15 of the Motor Common Carriers' Act of 1931, by providing the conditions under which railroad companies may operate motor vehicles for hire, and for other purposes.
The committee offered a substitute for Senate Bill No. 122 which was read.
The committee offered an amendment to the committee substitute, which was read.
Senator Pope of the 7th District asked unanimous consent that further action on Senate Bill No. 122, the substitute and amendments thereto. be postponed until Tuesday, March 16th, and set for a special order; also, that the Secretary of the Senate be authorized and instructed to have 100 copies of the committee substitute and amendment printed for the use of the Senators. The consent was granted.

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JouRNAL oF THE SENATE,

The following resolution of the House was read and adopted:

By Messrs. Joel and Hill of Clarke-
House Resolution No. 207. A resolution invttmg Hon. James Roosevelt to address the General Assembly of Georgia during his visit to the State.
Senator Millican of the 35th District asked unanimous consent that when the joint session of the General Assembly be dissolved that the Senate stand recessed until2:00 o'clock, P. M., at which time it reconvene and remain in session until otherwise provided by the Senate. The consent was granted.

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

By Senator Atkinson of the 1st District-
Senate Bill No. 173. A bill to authorize courts of record in this State to render declaratory judgments, and for other purposes.

Senator Atkinson of the 1st District offered the following amendment to Senate Bill No. 173:
To amend by adding a section as follows:
"Section 18. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 30, the nays 3.

MoNDAY, MARCH 15, 1937.

1695

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

By Mr. Parker of Colquitt-
House Bill No. 161. A bill to repeal Section 67-107 of the 1933 Code providing for the attestation and recording of mortgages and security deeds, and for other purposes.

The committee offered the follqwing substitute for House Bill No. 161:

A BILL
Committee's report by substitute for House Bill No. 161 caption of which is "A bill to be entitled an Act to repeal an Act approved August 27, 1931, Georgia laws, 1931, pages 153-154 now codified in Code of 1933 as Section 67-107, and for other purposes, and by substituting for said caption the following:
A bill to be entitled an Act to amend Section 67-1305 of the 1933 Code of Georgia by adding to the provisions of said Code Section the words "chattel mortgage, conditional sales contract and retention of title contract" so that the provisions of said Code Section shall apply to said instruments so that failure to record said instruments shall be the same as is the effect of failure to record a deed or bargain and sale.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 67-1305 of the 1933 Code of the State of Georgia be and it is hereby amended by adding. in the third line of said Code Section immediately after the words "bill of sale to secure debt" and before the next ensuing word "in" the following: "chattel mortgage, conditional sales contract and retention of title contract"; by adding immediately after the words "bills of sale" in the sixth line of

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JouRNAL oF THE SENATE,

said Code Section and before the next ensuing word "not" the following: "chattel mortgages, conditional sales contracts and retention of title contracts"; by adding immediately after the words "bill of sale" in the seventh line of said Code Section and before the next ensuing word "shall" the following: "chattel mortgages, conditional sales contracts and retention of title contracts" so that said Code Section shall read, when so amended, as follows: "67-1005 (3307). Record and effect of failure to record. Every deed to secure debt shall be recorded in the county where the land conveyed lies; every bill of sale to secure debt, chattel mortgage, conditional sales contract and retention of title contract in the county where the maker resided at the time of its execution, if a resident of this State; and if a non-resident, then in the county where the personalty conveyed is. Deeds or bills of sale, chattel mortgages, conditional sales contracts and retention of title contracts not recorded remain valid against the persons executing them. The effect of failure to record such deeds and bills of sale, chattel mortgages, conditional sales contracts and retention of title contracts shall be the same as is the effect of failure to record a deed of bargain and sale.

Section 2. 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 of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

By Senator Patten of the 6th DistrictSenate Bill No. 174. A bill to be entitled an Act to amend

MoNDAY, MARCH 15, 1937.

1697

Title 92, Chapter 92-69 of the Code of 1933 relating to the powers and duties of County Boards of Assessors, and for other purposes.

Senator Millican of the 35th District offered the following amendment to Senate Bill No. 174:
To amend Section 1, next to last line, after the word treasurer by adding the following: "out of the amounts so placed on the books by the said agents and when collected by the county."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Shedd of the 3rd District-
Senate Bill No. 148. A bill to amend Chapter 5-9 of the 1933 Code relating to the prevention of the introduction within the State of Diseases of Honey Bees; to provide expiration date for licenses, and for other purposes.
The report of the <;ommittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Lindsay of the 34th District asked unanimous consent that House Bill No. 26, known as the Homestead Exemption Bill, be postponed until the afternoon session of the Senate, and the motion prevailed.

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JouRNAL oF THE SENATE,

By Senators Patten of the 6th District and Atkinson of the 1st District-
Senate Bill No. 224. A bill to permit governing authorities of counties to fix, levy and assess taxes and license fees; and for other purposes.

Senators Patten of the 6th District and Atkinson of the 1st Districts offered the following substitute for Senate Bill No. 224:

A BILL
To be entitled an Act to authorize and permit the Commissioners of Roads and Revenues or other officer or board in the several counties of the State of Georgia vested with jurisdiction of county matters and the fiscal affairs thereof annually to levy, assess and collect license fees and specific and occupation taxes for the support of said several counties in addition to ad valorem tax on real and personal property and other taxes and licenses now allowed or required by the Constitution or laws of the State of Georgia to be levied, assessed and collected; to provide for the collection of the license fees, occupation and business taxes to be levied and assessed under the provisions of this Act; to provide that any person failing to pay the business or occupation tax or license fee so assessed shall be guilty of a misdemeanor and punished as provided by Section 27-2506 of the Code of Georgia of 1933, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. That in addition to the ad valorem tax on real and personal property and other taxes and license fees now allowed or required by the Constitution or laws of the State to be levied and collected by the several counties thereof for the support and maintenance of said counties

MoNDAY, MARCH 15, 1937.

1699

and the performance of the governmental functions delegated to them by the Constitution and laws, the Commissioners of Roads and Revenues or other. officer or board vested with jurisdiction of county matters and the fiscal affairs thereof in the several counties of the State are hereby authorized and empowered annually to fix, levy, assess and collect such taxes and license fees on the inhabitants of the counties in which such Commissioners of Roads and Revenues or other officers respectively have jurisdiction and as well those who hold taxable property within the same and those who transact or offer to transact business therein as such county authorities may deem to be expedient for the safety, benefit, convenience and advantage of such county, and as they may deem necessary for the support and maintenance thereof. Such license fee or business or occupation tax may in the discretion of the said taxing authorities be levied within or without the territorial limits of any incorporated town or city in such county.

Section 2. The license fees, business, occupation or other taxes authorized by this Act to be assessed, may be levied by the Commissioners of Roads and Revenues or other office or board vested with jurisdiction of county matters and the fiscal affairs thereof, by an order duly passed and entered on the minutes of said Board of Commissioners of Roads and Revenues or other officer or board as aforesaid, and it shall be the duty of the Tax Collector or the Tax Commissioner, as the case may be, of said counties respectively to collect the tax so levied and to that end such Tax Collector or Tax Commissioner, as the case may be, upon default in payment, by any person, of the license fee or other tax so levied, shall issue an execution therefor which shall be directed as tax fi. fas. issued by such Collector or Tax Commissioner in case of default in payment of ad valorem taxes assessed against real estate and personal property or the owner thereof are directed, and such fi. fas. shall have such lien, force and legal effect and shall be enforced in the same

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JouRNAL OF THE SENATE,

manner as tax fi. fas. issued in case of default in payment of
. ad valorem taxes. Section 3. Be it further enacted that any person who shall conduct or pursue any business without paying the license fee or business or occupation tax assessed under the provisions of this Act, shall be guilty of a misdemeanor and upon conviction in any court of competent jurisdiction of this State shall be punished as provided in Section 27-2506 of the Code of Georgia of 1933.

Section 4. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby expressly repealed.

Senator Millican of the 35th District offered the following amendment to the substitute for Senate Bill No. 224:
,To amend Section 1, line 20 by striking the words "within or .
The amendment was adopted.
The substitute, as amended, was adopted.

Senator Atkinson of the 1st District moved that Senate Bill No. 224, the substitute and amendment thereto, be tabled and the motion prevailed.
The hour of 12:10 o'clock having arrived the President and Secretary accompanied by the members of the Senate proceeded to the Hall of the House of Representatives and the Joint Session was called to order by Hon. John B. Spivey.
House Resolution No. 212 providing for the Joint Session was read by Hon. John W. Hammond.
His Excellency, the Governor, accompanied by the distinguished committee of escort were admitted to the Hall and took seats arranged there for them.

MoNDAY, MARCH 15, 1937.

1701

Hon. John B. Spivey presented to the General Assembly His Excellency, the Governor, who delivered the following message:
Mr. President, Mr. Speaker,
Ladies and Gentlemen of the
Assembly:
(Word of silent prayer for Mr. Bill Harrison).
(Congratulate WSB on celebration of 15th anniversary).
The work of this General Assembly at this session has made history for harmony, dispatch and constructive humanitarian legislation unparralleled in this, or any other commonwealth. From all parts of Georgia, and indeed the nation, there rings in our ears the plaudits your splendid accomplishments so justly merit.
Starting this session with an overwhelming mandate of the people of Georgia translated into a Democratic Platform of principles, you set about at the outset to do for the people of Georgia what they have willed to have done for them. Yo~ have not been able to enact the entire program into law up to this time solely by reason of lack of time within which to do so. However, you have proceeded as far with the program as the length of the session thus far has possibly permitted and without doubt, by the same hard work the remainder of the session, you will he able to complete it. No legislative body could have done more; none heretofore have done so much.
Indeed you have worked so hard and so faithfully morning, noon and night until you are hound to he tired in body, despite your alertness of mind and indomitable spirit to finish your work. At such a stage of the legislative session, when the people's representatives are tired and weary, is the stage of the session when we must be most on guard against the forces of reactionaryism and of selfish interests who are ever alert to try to thwart the will of the people and bring failure to your work. I am reliably informed that some of these forces in Georgia, who most want you to

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JOURNAL OF THE SENATE,

fail-yes, us to fail-have been holding nightly meetings devising and scheming means to bring discord and friction into our ranks and to destroy the harmony and dispatch with which your service has been marked up to now. But I bid you to be of good cheer, to keep your feet on the ground, your heads cool, your tempers calm, and I pray that I may be able to do likewise in cooperating with you to the end that our triumph in the interest of the people of Georgia may be completed.
We started out this session-you and !-carrying out the platform of the Democratic Party and the mandate of the people of this state and, with the help of God, we will end the session in the same manner, despite the sinister forces ever present to nag and annoy those devoutly engaged in doing good. These forces always creep in seeking to exaggerate minor disappointments and magnify honest differences on details so as to create a state of confusion and bring about unbridgable chasms. But this is one session of the General Assembly of Georgia, I feel free to predict, in which their poisonous propaganda will be blown back into their faces to further work their own well-accomplished undoing. So,
"Fear not each sudden sound and s' hock
'Tis of the wave and not the rock,
'Tis but the flapping of the sail
And not a rent made by the gale:"
The ship of state will still sail on.
In approaching the task of this Assembly, we started off logically, in my judgment, first to show the people of Georgia for what purpose we expected to spend their money; second, to show them what relief we expected to give them from their present tax burdens; and we have now arrived at the stage when we must raise the money to finance this program for the people. Parts of the program are financed by specific measures and definite allocations. For example--free school books are to be financed with the beer

MoNDAY, MARCH 15, 1937.

1703

and wine taxes; rural routes are to be financed with the maintenance tax on trucks and busses, WPA farm-tomarket and other federal road funds. The financing of these services in this manner you will he able to accomplish at this session on a permanent basis, which need not give you concern about these parts of the program, except probably for some amendments of these specific financing measures in future years as our experience with the operation may warrant. But, in general, at the close of this session we will be able to say that we have definitely and reasonably permanently, in the main, financed the program for free school books and rural routes to where there will he no need of seriously considering a change in these finance measures of the program at least during this administration. These parts of the program will take their place as having been reasonably well settled along with the financing of our state highway system by the gasoline tax allocations.

The fifth plank in the Democratic Party Platform of our State, however, calls for a general revision of our basic system of taxation to support generally the activities of our State Government not financed by specifically allocated measures. The fifth plank in the platform calls for "a modern, intelligent system of taxation." To write such a system will require a special session of the General Assembly devoted solely and exclusively to that subject matter. To write such a system will require granting to the Assembly the right to classify property for taxation, which we do not now have under our constitution. You have wisely passed a proposal to be ~oted on by the people on June 8th this year, giving the Assembly the right to classify property for taxation. Until the people have voted favorably upon that proposal, we cannot write a modern, intelligent, equitable, efficient and economical system of taxation to finance the general operation of the State Government to carry on the Governmental services our people need, deserve and want. There has never been an Assembly in the history of this State that the people could trust with more faith to write

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JouRNAL OF THE SENATE,

a tax system, in my judgment, than this Assembly. Therefore, it is my purpose, in the event the people pass favorably upon the classification tax amendment you are submitting to them in June, to call a special session of this Assembly sometime within the next twelve months to devote the entire time to writing this moder~ and intelligent tax system called for in the platform. To write such a system calls for._months of study of the experience of other states, and especially the laws of our sister states, so as not to put our people at a disadvantage with the people of these states, any many other details impossible to work out when there are other considerations in a session than the one subject matter of taxation.

For more than two decades, to my own knowledge, the people of Georgia have been chafing under our present system of taxation and have had their hopes dashed when sessions of the Assembly would close without such a change being accomplished. They have come to expect failure to enact a tax system but they have never resigned themselves to a fate of enduring forever the present obsolete system. None of us expected at the outset of this session, without a classification amendment and with the many other problems . confronting us, to be able to write a permanent tax system at this time. But all of us did expect, and still expect, that this administration will ultimately be able to carry out this plank of our platform, just as we are carrying out other planks of the platform. So I would have the people of Georgia know, as you and I know, that whatever measures are passed to finance our program at the outset is temporary and stop-gap legislation solely. These emergency financing measures will be enacted in order to give these benefits promptly to the people, pending our holding a special tax session to write a modern, intelligent and reasonably permanent tax system for our people.

The people have been loathe to vote a classification amendment for fear that the homes and personalty of the

MoNDAY, MARCH 15, 1937.

1705

poor would be classified out of proportion with the property of the rich. By the passage of the proposals for exemptions on homes and household and kitchen furniture from taxation, we remove this fear from the hearts of this class of our people to where they will, in my opinion, be willing to vote, simultaneously with these ~xemptions, to give the General Assembly the right to properly classify property for taxation, so that in submitting the exemption proposals, whereby the home-owner is given a fair tax exemption stake in the community, I feel confident the classification amendment will receive a favorable vote too.

In writing a modern and intelligent system of taxation due concern and consideration must be given to enforcement provtstons. This calls for an exhaustive, legal and administrative study of each part of the tax system. One of our great troubles in Georgia, and indeed with any system of taxation, is the lack of proper and equitable enforcement. When the enforcement machinery is not efficient and adequate, the rate of taxation and the number of taxes must be increased to make up for the losses through lack of effective enforcement. This works a double burden on the taxpayer who honestly wants to support his government because he not only pays his own tax but, through higher rates and more numerous forms of taxes, pays the tax of the tax-dodger and the tax-<;hisler. When we come to our special session of this Assembly to write a program of taxation, these enforcement and administrative provisions must be effectively and intelligently made. It is obvious to everyone that such a permanent system cannot be written at anything except a special session of the Assembly devoted exclusively to the question of taxation.

There enters into the question of a permanent system also the factor of competition between Georgia and the other states in the acquisition of capital and of industry because movements of capital and industry are influenced by taxation. This circumstance of competition takes on

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JouRNAL oF THE SENATE,

particular importance in the case of Georgia because we have not been receiving our proper share of the southward industrial migration, because we are in effect a deficit area for capital, and, because the people of Georgia during the past decade were able to maintain their standard of living only by going further and further in debt to the people of other states. The collapse of wages in Georgia from 1920 to 1930 as given in "contemporary Georgia" causes us to almost have a case of the "jitters." These things necessarily must be maturely considered when we enact a permanent, a modern and an intelligent tax system. They can only be so considered in a special session devoted exclusively to taxation. There are no miracles in State finances. We cannot afford to write a tax system that permanently injures our future development; especially since Georgia stands on the threshold of a great industrial expansion and unusual resource developments.

There is no way by which Georgia, considering its present level of wealth and income, can bring its standard of governmental activity and social service up to a level of the average state in the union without either imposing taxes at rates very much higher than the average state or by receiving funds from the federal treasury under some sort of federal equalization arrangement. For this reason, alone, it is most necessary that, while the federal government is making available funds of various sorts in the way of social security and other benefits, we adjust our tax system on a permanent, modern and up-to-date basis to the end that we can take full advantage of these federal funds. Should we not finally take full advantage of each and every fund made possible to us by the federal government, we will sooner or later face the crisis of having to impose taxes at rates that will put us at a considerable disadvantage with the other states in the nation, in order to give our people these governmental services given by other states, which are governmental services th.ey deserve, demand and will finally get in one way or another. In my judgment,

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1707

the only long-run cure for Georgia's fiscal difficulties is through the avenue of federal equalization funds. All signs point to the fact that one of the great, coming conflicts in American history will revolve around the question of equalizing opportunity and governmental service between the relatively fortunate and rich areas of the country and the relatively poor areas. We are having a survey made in Georgia at this time for the purpose of making out a case with the federal government along these lines, especially with reference to conditions that exist by reason of the low tax-paying ability of certain classes of our citizens. As an illustration of what I have in mind along these lines, this administration is now preparing to present the strongest possible case to the United States Public Health and Service Commission for continuation of the program of federal aid to public health in Georgia-we presented such a case to the Federal Government for education in Georgia in 1935, and received some temporary aid, but this effort was not followed up by the last administration and the ground gained was lost.

The fact is that the tax-paying ability per capita of Georgia is less than fifty percent of the tax-paying ability of the average State of the nation, and approximately 20 percent less than the tax-paying ability per capita of the average of the 13 Southern States. This strikingly illustrates the point I have just made that the only hope of Georgia maintaining its standard of governmental services on a par with that of the average State of the nation is to either double our tax per capita or secure federal equalization. The only hope Georgia has of maintaining its standard of governmental services on a par with the 13 Southern States is to either levy a 20 percent higher tax per capita than the average Southern State or to secure federal equalization for these services. It is obvious from these facts that Georgia must promptly- take advantage of all the federal aid possible, else burden our people almost to the point of confiscation and be discriminated against in competition for industry; or deny

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JouRNAL oF THE SENATE,

our people the governmental services given by other states; which we cannot afford to do.
It must not be understood, however, from the statements I have just made that Georgia is to be excused from doing its full duty when we come to setting up a permanent tax system. Nor must it be construed that we are doing that full duty now. We are not doing our full duty by reason of our antiquated tax system and our antiquated methods of tax enforcement.
North Carolina has an average tax-paying ability slightly below the average of the Southern States and approximately the same as Georgia; yet, she appropriated last year for the support of higher education $5,826,533.11, and for public schools $20,854,759.72, a total for education of more than 26 million dollars. So while it is true that Georgia has an average tax-paying ability per capita below the average of either the Southern States and below the average of the United States, we do have approximately the same as North Carolina; yet, even with the program submitted in the budget for education at this session, the support to education gives less than half given by North Carolina. If North Carolina can give her educational institutions more than $26,000,000.00 per year, and still rank high in competition for industry, we in Georgia can write a tax system that will more adequately support our educational institutions and other governmental services. But there is involved in the writing of such a system, as you will see from these various elements involved, such a tedious task of concentrated study and effort as cannot be accomplished except through a special session of the General Assembly, devoted entirely to the question of tax revision and only then when the General Assembly has the power to classify property for taxation as is proposed in the amendment you are submitting to the people at the coming June election.
So that at this session of the Assembly the only tax legislation for financing our program, other than that specifically

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1709

allocated as I have heretofore outlined, must be temporary and stop-gap measures. It is to the enactment of these temporary measures that I wish to address the major part of this message to you.

We cannot await a special tax session to finance these additional governmental services for our people. To do so would postpone putting into effect our seven-months minimum school term program, our old age pensions, aid for the blind, the crippled, the dependent children, our health prOgram, proper support of our eleemosynary institutions and the loss of millions of dollars of federal benefits to our people. The Democratic Platform calls for" adequate support of the educational institutions of our State; . . . full cooperation with the federal government in all phases of school support; the equalization of educational opportunities for all children of the State through a system of State-supported schools, under local control; a State system of schools under apprOpriate, professional educational guidance; higher professional standards for administrators and teachers, reasonable tenure and adequate -compensation promptly paid." This cannot be accomplished without temporary financing measures passed at this session. We cannot afford to delay meeting the pressing needs of the children and the teachers of Geo.rgia until a special tax session. We might do it at this sesston.

The Democratic Platform calls for: "reasonable old age pensions, especially in cooperation with the federal government in caring for the old people of our state." The General Assembly cannot afford not to pass tax measures necessary to secure prompt assistance for the "dependent, old people of this State through the old age pension program of the federal government." We cannot disappoint our old people by asking them to wait for a special tax session; we must not delay them in getting their pensions. The only way to give old age pensions to them promptly, is by enacting emergency and temporary tax measures in this session.

1710

JouRNAL oF THE SENATE,

The Democratic Platform declares: "That Georgia must take a forward step in matters of public health. We realize that the health of the people is the State's most vital asset. We call upon the Legislature to adopt a comprehensive health program, to see that ample provision is made to take full advantage for the people from benefits made possible by the federal government, which would aid the indigent, the crippled, the blind, and in the prevention of diseases." We cannot ask the sick people of Georgia, the blind and the crippled to wait for a special tax session. We must give them these benefits promptly by enacting some temporary tax legislation in this emergency at this session.

The Platform of the Democratic Party of the State, along these lines, further emphasizes the necessity of prompt action (although of necessity it must be temporary at this session) when it says, "We deplore the policy of the present administration (referring to the last administration) in its failure to cooperate with the Federal Government in securing these and other benefits made available to States under provisions of the social security legislation." We must not have our administration subjected to the same criticism lodged against the last administration in failing to promptly give our people these benefits awaiting at the hands of the Federal Government. We must, therefore, not await the special tax session, but must pass the necessary, though temporary and emergency, financing measures at this time to start these benefits, and then at our special tax session work out a permanent program. In my opinion, when we write a permanent tax system for Georgia, with proper enforcement provisions, we will be able to finance, without undue burden to our people, a $10,000,000 program for old age pensions, public health, aid to the blind, the crippled, the dependent children and other forms of social security. At the moment, however, in this emergency, the Budget Commission is asking the Assembly for only approximately $4,000,000 for these activities, including old age pensions, public health, aid for the blind, the crippled and dependent

MoNDAY, MARCH 15, 1937.

1711

children; all of which is matched, in some form, by the Federal Government, which matching gives us practically $2.00 for every $1.00 we expend. We must pass some form of temporary tax legislation to finance this program at this time, all of which, with the exception of a very small sum now spent on public health requires new money.

The budget submitted calls for more than $9,000,000 to finance the seven-months school term program. This is an increase of $5,000,000, and calls for that much new State money, although taking off that much of local taxation. We must pass the necessary temporary tax legislation to raise the money for our seven-months school term pending our special tax session.

Thus, it is seen that, while our new State budget calls for approximately $10,000,000 of new and additional money, that $9,000,000 of the $10,000,000 is to be spent for old age pensions, aid for the blind, the crippled, the dependent children, and for the public health program, nearly all of which the Federal Government matches; and for the seven-months school term which takes $5,000,000 off of the local tax burden. No Georgian in whose heart there exists a spark of love for humanity can complain at the passage of the necessary tax legislation, at this session to finance these activities; on the contrary, every old person in Georgia, every crippled child, every blind person, every sick and unfortunate person, every school child and every school teacher will have just cause to condemn us, as will the citizens of our State generally, unless we have the courage and the intelligence to pass at this session whatever tax legislation, though of a temporary and emergency nature to do this job, pending our special tax session to write a permanent, modern and intelligent system.

The -other approximate million dollars raised In the budget goes principally to better care of our eleemosynary institutions and our institutions of higher learning. No Georgian

1712

JouRNAL OF THE SENATE,

who knows the conditions of our eleemosynary institutions and the pressing needs of our institutions of higher learning and who loves Georgia can criticise us for raising this muchneeded money at this session. On the contrary, they will have every cause to criticise us if we fail to do so. Some of this extra million goes to natural resour.ces and to the Tattnall County Prison.

Our old budget called for approximately $10,000,000. Our new budget, with these added activities I have detailed, calls for approximately $20,000,000. This is a minimum budget cut to the bone for absolutely necessary funds, that must be provided at this session in some manner and which cannot, and must not, wait until we have our special tax session. When we do have our special tax session and do write a modern and intelligent and permanent tax system, we must, and will, still more adequately finance old age pensions, aid to the blind, the crippled, the dependent children, the public health, the eleemosynary institutions, the institutions of higher learning, the development of our natural resources and all of our governmental activities necessary to keep Georgia the Empire State of the South in fact as well as in name.

In order to finance the budget on the appropriation bill as it stands we will, as you see, have to raise ten million dollars of new revenue. As I have heretofore stated I do not feel that we can cut the appropriation bill a single dollar; it has already been cut to the bone; if we are to give even partially the governmental service called for by the Democratic Platform and the measures you have enacted into law.

The possible sources from which you can raise this added ten million dollars are as follows:
In my opinion, the net income tax law can be amended so as to raise an additional four million dollars, without doing an injustice to business and industry in Georgia.

MoNDAY, MARCH 15, 1937.

1713

If the pending tobacco tax bill, known as the Alabama law, is passed after eliminating therefrom snuff, chewing and smoking tobacco, which I recommend you do eliminate, we can raise one million dollars new money from that source.

Should you pass measures no:w pending relating to finance corporations and stocks transfer tax, and amendments to the inheritance and gift tax act, we can raise one million dollars new money in that manner. I realize that others are estimating these specific taxes to raise considerably more money than this; however, a conservative figure from the most authentic sources I have been able to consult, place the estimate at one million dollars, and I recommend that you consider this as being the amount to be raised therefrom in considering the passage of these thnee measunes. This will give us a total of six million dollars new money.

Should you see proper to recommend that the Governor and the Comptroller-General restore the State ad valorem tax to five mills, this ,restoration will give us two million dol.:. Iars of new money this year, and, after allowing for home and personalty exemptions, will give us one million dollars new money each year thereafter that the five mills is levied. This, if recommended by you, will bring the total of new money available, to eight million dollars; which will leave a deficit on the ten million dollars new money needed, of two million . dollars.

There are one of three ways m which you can, in my optmon, raise this additional two million dollars at this time. That is, through the one-fourth of one percent gross receipts tax, or a one percent transaction tax on all transactions of $25, or a revenue measure from liquor. I recommend that from among these sources I have mentioned, you raise the new money required at this time.

There are other forms of taxes that have been suggested, a combination from which we would be able to raise a sizable

1714

JouRNAL oF THE SENATE,

sum of the needed revenue. However, the time remaining of this session to work out the details of such a combination of taxes, is, in my opinion, too short, and such matters should be left to the special tax session.

You will note from reading the budget and appropriation bill that there is no provision for a building program for our eleemosynary institutions. The reason there is not is that the proposed chain store tax is allocated to the eleemosynary institutions, and should it pass, the money raised therefrom will be devoted to this building program for these insti tutions. In the event it does not pass, I recommend that when the budget and appropriation bill reaches the Senate that it be amended to include necessary funds for such a building program. In that event it will be necessary to raise some additional revenue for that purpose, so that in the event the chain store tax fails to pass the Senate in sufficient amount for this building program, I recommend that you take that into consideration to the extent of providing one million dollars for the two year period for that purpose, which will mean that the new revenue necessary to be raised will be increased. In that event you can raise the additional building fund program out of the gross income tax levied temporarily to meet a similar emergency in 1931, and which worked no considerable hardship on anyone.

The Platform further calls for "an agricultural conservation program that will prevent soil erosion, build up our soils and reforest our waste and unprofitable lands." This item in the platform is so important that a special message has been sent you, based upon a request from President Roosevelt, for State action, the lack of which will cause Georgia to lose many millions of dollars from federal funds that will not cost us one penny to match. It is very important that this legislation be passed during this session. The platform further calls for "some effection plan of Civil Service for State employees," and I trust the Assembly will see proper to complete enactment of this measure.

MoNDAY, MARCH 15, 1937.

1715

I recommend that your Rules Committee of both the House and Senate take a copy of the Democratic Platform and check it against all measures that have been passed and that are pending, with a view to completing passage of all legislation necessary to fully carry out the Party Platform.

It is my purpose, with your permission, to again appear before you within a few days and summarize the result of your labors and the far-reaching beneficial results therefrom for our people-at that time I will analyze the platform pledges, item by item, in order that there may be no misunderstanding that we have kept faith with the people-at that time I will also make my final recommendations to this session of the Assembly-In the meanwhile may God bless you in your labors for the peopl~ of Georgia.

Mr.-Coleman of Lowndes moved that the Joint Session of the General Assembly do now dissolve, and the motion prevailed.

The Chair announced that the Senate now stood recessed.

The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.

Consideration of the following bill of the House was resumed:

By Messrs. Lanier, Harris, and Barrett of Richmond, and others-

House Bill No. 26.

A RESOLUTION
Proposing to the qualified voters of Georgia for ratification or rejection of an amendment to Article 7, Section 2, of the Constitution of Georgia exemption for ad valorem taxa-

1716

JouRNAL OF THE SENATE,

tion, except special assessments and taxation, for any existing bonded indebtedness, and homestead not exceeding $2,500.00 in value.

Resolved by the General Assembly of Georgia:

Section 1. That Article 7, Section 2 of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a new paragraph to be numbered Paragraph 7, and to read as follows:
"Beginning January 1, 1938, there is exempted from all ad valorem t,axation by the State, Counties, and School Districts of this State the homestead of each resident of this State actually occupied as a residence by the owner to the value ofTwenty-five Hundre 1 ($2500.00) Dollars, and only so long as actually occupied by the owner as such, with the exception of taxation to pay the interest on and relire existing or future bonded indebtedness incurred by authority of law. Such value to be determined in such manner as may be prescribed by law, and according to such rules and regulations as prescribed by law. That such homestead when sought to be exempted from taxation herein, shall, if lying within the incorporated limits of any village, town or city, be composed of one parcel of land with the home of such owner located thereon; and if said homestead sought to be exempted therein shall lie without the limits of any incorporated city, town or village in this State, it shall not consist of more than one hundred (100) acres of land with the home and improvements thereon. Where such homestead exempted herein shall lie within or without the limits of an incorporated village, town or city in this State it shall be used primarily as a homestead.

"Provided, further; That the value of such homestead 'as herein defined in excess of Twenty-five Hundred ($2500.00) Dollars shall be subject to taxation as now or may hereafter be provided by law."

MoNDA v, MARCH 15, 1937.

1717

Section 2. 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 upon their ballots the words: "For ratification of the Amendment of Article 7, Section 2, of the Constitution of Georgia exempting homesteads from taxation;" Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words: "Against ratification of the Amendment of Article 7, Section 2 of the Constitution of Georgia, exempting homesteads from taxation." 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 7, Section 2 of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law.

Section 3. All laws and parts of laws in conflict with this resolution are hereby repealed.

Senators Spivey of the 16th District, Jackson of the 14th District, Atkinson of the 1st District, Pope of the 7th DiStrict, Fowler of the 39th District, Griner of the 45th District, Holmes of the 22nd District, Jones of the 38th District, Johnson of the 42nd District, Shannon of the 21st District, Burgin of the 24th District, Forrester of the 44th District, Moye of the 11th District, Burrell of the 40th District, Atwood of the 2nd District, Brock of the 37th District, Hardman of the 33rd District, Pruett of the 32nd District, Whitehead of the 30th District, Peebles of the 18th District, Neely of the 36th District, Almand of the 50th District, Sutton of the 47th District, Peterson of the 15th District, Horne of the 1Oth District, Phillips of the 29th .District,

1718

JouRNAL oF THE SENATE,

Terrell of the 19th District, Thrasher of the 27th District, Millican of the 35th District, Williams of the 5th District, Sammon of the 51st District, Sikes of the 49th District, Kimbrough of the 25th District, Allen of the 31st District, Shedd of the 3rd District, Purdom of the 46th District, Walker of the 28th District, Clements of the 9th District, moved to amend House Bill No. 26 by striking all of Section 1 except the first three lines thereof and substituting the following:

"Beginning January 1, 1938, there is exempted from all ad valorem taxation for State, Counties, and School purposes the homestead of each resident of this State actually occupied as a resident by the owner to the value of $1,600.00 so long as actually occupied by the owner as such, with the exception of taxation to pay interest on and retire bonded indebtedness incurred by authority of law. Such value to be determined in such manner as may be prescribed by law, and according to such rules and regulations as may be prescribed by law.

"Provided, further: That the value of such homestead as herein defined in excess of $1,600.00 shall be subject to taxation as now or may hereafter as provided by law; and provided also that the General Assembly may from time to time, as the condition of the fiscal affairs of the State, Counties or Schools may warrant, raise or lower said exemption value from either or all of said taxes."

Senator Atkinson of the 1st District moved to amend the foregoing amendment by striking from the third line of the last paragraph the word "as" and substitute in lieu thereof the word "be."
The amendment was adopted.
Senator Lindsay of the 34th District moved to amend the foregoing amendment as follows: By striking the word "is"

MoNDAY, MARCH 15, 1937.

1719

on the first line of the amendment and substituting the words "may be".
The amendment was adopted.

Senator Patten of the 6th District moved to amend the amendment by inserting after the word "residence" in the fourth line of said amendment the word "only."
The amendment was adopted.

Senators Millican of the 35th District and Terrell of the 19th District moved to amend the amendment by striking from the next to the last line thereof the words "raise or."
The amendment was adopted.

The amendment offered by Senators Spivey of the 16th District and others, after the adoption of the foregoing amendments, was made to read as follows: "Beginning Jan. 1, 1938, there may be exempted from all ad valorem taxation for State, Counties, and School purposes the homestead of each resident of this State actually occupied as a residence only by the owner to the value of$1,600.00 so long as actually occupied by the owner as such, with the exception of taxation to pay interest on and retire bonded indebtedness incurred by authority of law. Such value to be determined in such manner as may be prescribed by law, and according to such rules and regulations as may be prescribed by law.
"Provided further: That the value of such homestead as herein defined in excess of $1,600.00 shall be subject to taxation as now or may hereafter be provided by law; and provided also that the General Assembly may from time to time, as the condition of the fiscal affairs of the State, Counties or Schools may warrant, lower said exemption value from either or all of said taxes."
The foregoing amendment, as amended, was adopted.

1720

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, it being a proposed amendment to the Constitution the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Ennis Flmt Forrester Fowler Griner

Hampton Holmes Home Jackson Johnson Knabb McCutchen McKenzie Millican
Neely
Patten Peebles Phillips

Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Those voting in the negative were Senators:

Chason Clements Greer

Harrell Harrison Jones

Lindsay Moy-e

Verification of the roll call was dispensed with.

The ayes were 39, the nays 8.

The bill having received the requisite two-thirds constitutional majority was passed, as amended.

Not voting were: Senators Hardman of the 33rd Di~trict, Kimbrough of the 25th District, and Peterson of the 15th District.

Senator Pope of the 7th District asked unanimous consent that House Bill No. 26, as amended, be immediately transmitted to the House, and the consent was granted.

MoNDAY, MARCH 15, 1937.

1721

House Bill No. 312, known as the Rural Post Roads Act, which passed the Senate by substitute, and which substitute was amended in the House, the House having receded from its position on one amendment to the Senate substitute, was taken up for the purpose of considering the following amendment thereto:

By Mr. Kirbo of Decatur-
To amend the Senate substitute by adding at the end of Section 10 the following:
"Provided the funds so accumulated to the credit of any county shall hot be expended in any other county."
The Senate receded from its position of disagreement to the above House amendment to the Senate substitute for House Bill No. 312.

Senator Atkinson of the 1st District moved that House Bill No. 169, known as the Labor Relations Act, be taken from the table, and the motion prevailed.
The following privilege resolutions were read and adopted:

By Senator Purdom of the 46th District- .
A resolution extending the privileges of the floor to Miss Gertrude Knabb, attractive daughter of the distinguished Senator from the 4th District.

By Senators Chason of the 8th District and Williams of the 5th District-
A resolution extending the privileges of the floor to Hon. Henry T. Mcintosh of Albany, Ga.
By Senators Millican of the 35th District and Burgin of the 34th District-
A resolution extending the privileges of the floor to Hon. Lawrence S. Camp, U. S. District Attorney.

1722

JouRNAL oF THE SENATE,

By Senator Forrester of the 44th District-
A resolution extending the privileges of the floor to Hon. C. D. McCutchen, City Attorney of Dalton, Ga.

By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Mrs. Arthur Broak, Chairman of National Red Cross in Georgia.

By Senator McCutchen of the 43rd District-
A resolution extending the privileges of the flo::lr to Hon. Alvin White, former County School Superintendent of Whitfield County.

Senator Fowler of the 39th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A. M.

TuESDAY, MARCH 16, 1937.

1723

SENATE CHAMBER, ATLANTA, GA., TuESDAY, MARCH 16, 1937.
The Senate met, pursuant to adjournment, at 9:30 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator Holmes of the 22nd District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Allen of the 31st District gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 667, a local bill affecting. Stephens County.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
Senator Allen of the 31st District moved that the Senate reconsider its action in passing House Bill No. 667, a local bill affecting Stephens County. The motion prevailed.
The Journal was confirmed.
The following bills of the Senate were introduced, read the first time, and referred to the committees:

1724

JouRNAL oF THE SENATE,

By Senator Millican of the 35th District-
Senate Bill No. 239. A bill to amend Sect~on 85-1312 of the 1933 Code relating to "Franchise when exclusive", so that municipal corporations shall have the right to grant exclusive franchise of any character under this authority in certain cities, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Jackson of the 14th District--'-
Senate Bill No. 240. A bill making unlawful certain discriminations in price or services in connection with the sale of commodities in the course of trade or commerce, and for other purposes.
Referred to Committee on Special Judiciary.

By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 241. A bill to declare the necessity of creating public bodies to be known as housing authorities to undertake slum clearance, and for other purposes.
Referred to Committee on State of the Republic.

By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 242. A bill to authorize cities, towns, counties, and other public bodies to aid housing projects, and for other purposes.
Referred to Committee on State of the Republic.

By Senators Ennis of the 20th District, Spivey of the 16th District, and Atkinson of the 1st District-
Senate Bill No. 243. A bill to increase the revenue of the State without levying additional taxes by providing

TuESDAY, MARCH 16, 1937.

1725

that commissions allowed Tax Commissioners and other officers for services rendered the State shall be retained by them as their compensation, and for other purposes.
Referred to Committee on Finance.

By Senators Harrison of the 17th District, Jackson. of the 14th District, and Phillips of the 29th District-
Senate Bill No. 244. A bill to amend Section 36-202, Chapter 2, of the 1935 Code (Title 36), to ptovide the right of eminent domain for the purpose of running pipe lines for the transportation or distribution of Petroleum products, and for other purposes.
Referred to Committee on State of the Republic.

By Senator Pope of the 7th District-
Senate Bill No. 245. A bill to amend the charter of the City of Cairo, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Pope ofthe 7th District-
Senate Bill No. 246. A bill to amend the charter of the City of Cairo, so as to provide permanent registration of the city voters, and for other purposes.
Referred to Committee on Municipal Government.

By Senators Atkinson of the 1st District, Atwood of the

2nd District, Knabb of the 3rd District, and Aultman

of the 23rd District-



Senate Bill No. 247. A bill to provide that the Department of Public Health be charged with the duties of inspection and analysis of oysters and shell fish used for food, and for other purposes.

Referred to Committee on Game and Fish.

1726

JouRNAL oF THE SENATE,

By Senators Lindsay of the 34th District, Purdom of the 46th District, Spivey of the 16th District, and Atkinson of the 1st District-
Senate Bill No. 248. A bill to provide that the Speaker of the House of Representatives and the President of the Senate shall be ex-officio members of all Departments, etc., of the State Government of which the Governor is an exofficio member, during their terms of office, and for other purposes.
Referred to Committee on State of the Republic.

By Senators Atkinson of the 1st District, Lindsay of the 34th District, Purdom of the 46th District, and Spivey of the 16th District-
Senate Bill No. 249. A bill to establish the Georgia Radio Commission, and for other purposes.
Referred to Committee on State of the Republic.

By Senator Lindsay of the 34th.District-
Senate Bill No. 250. A bill to amend Chapter 40~18 of the 1933 Code, so as to empower the State Auditor to issue summons, administer oaths, to examine witnesses, and for other purposes.
Referred to Committee on State of the Republic.

The following resolution of the Senate was read and adopted:

By Senators Harrison of the 17th District and Sutton of the 47th District-
Senate Resolution No. 91. A resolution condemning those improperly engaged in lobbying on the floor of the Senate.

TUESDAY, MARCH 16, 1937.

1727

The following resolution of the Senate was introduced, read the first time, and ordered to lie on the table:

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Purdom of the 46th District-
Senate Resolution No. 90. A resolution providing that the Governor be authorized to appoint a committee of fifty outstanding Georgians to formulate plans for Georgia's participation in the New York World Fair of 1939, and for other purposes.

The following bills of the House were read the first time and referred to the committees:
By Messrs. Ragan of Pulaski, Whipple of Bleckley, Smith of Dodge, Whaley of Telfair, Clements of Wheeler, Warnock of Montgomery, and Fowler of Treutlen-
House Bill No. 239. A bill to provide additional compensation for the Official Stenographic Reporter of the Superior Courts of the Oconee Judicial Circuit, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Dukes of Washington-
House Bill No. 450. A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Washington County, and creating in lieu thereof the office of County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Ennis and Moore of Baldwin-
House Bill No. 644. A bill to require payment of fees of clerks and sheriffs of the Superior Court in divorce cases in certain counties, and for other purposes
Referred to Committee on Finance.

1728

JouRNAL oF THE SENATE,

By Messrs. Smith, Elliott, and Leonard of Muscogee-
House Bill No. 656. A hill to amend the charter of Columbus, so as to empower the city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Taunton of Taylor-
House Bill No. 665. A hill to consolidate and codify the various Acts incorporating the City of Butler, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Goff of Tift-
House Bill No. 674. A bill to amend the charter of the City of Tifton, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Bridges of Early-
House Bill No. 680. A hill to repeal the Act of August 6, 1929, changing the number of terms per year of the City Court of Blakely; to amend Act of 1906 establishing City Court of Blakely; and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Adams of Franklin-
House Bill No. 692. A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Franklin County, and for other purposes.
Referred to Committee on Counties and County Matters.

TuESDAY, MARCH 16, 1937.

1729

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 697. A bill to amend an Act establishing the new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 698. A bill to amend the charter of the City of Americus, and for other purposes.
Referred to Committee on Municipal Government.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 704. A bill to authorize certain counties to create a County Board of Welfare, and for other purposes.
Referred to Committee on Public Welfare.

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 705. A bill to amend an Act incorporating the City of Swainsboro, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 707. A bill to amend the Act of 1927, establishing a charter for the City of Macon, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Warnell of BryanHouse Bill No. 709. A bill to amend an Act creating

1730

JouRNAL OF THE SENATE,

the County Treasurer of Bryan County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Daughtry of Wilkinson-
House Bill No. 712. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. McCracken of Jefferson-
House Bill No. 713. A bill to amend an Act creating a Board of Roads and Revenue of Jefferson County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Swindle of BerrienHouse Bill No. 714. A bill to reduce the official bond of
the Sheriff of Berrien County, and for other purposes. Referred to Committee on Counties and County Matters.
By Messrs. Parker and Barlow of ColquittHouse Bill No. 716. A bill to create a new charter for
the City of Moultrie, and for other purposes. Referred to Committee on Municipal Government.

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 718. A bill to amend Sections 5 and 7 of an Act of August 14, 1931, abolishing the offices of Tax Receiver and Tax Collector of Decatur County, and for other purposes.
Referred to Committee on Counties and County Matters.

TuESDAY, MARCH 16, 1937.

1731

By Mr. Campbell of NewtonHouse Bill No. 720. A bill to amend the charter of the
City of Covington, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 721. A bill to amend an Act to regulate public instruction in the County of Richmond, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Brooks of Oglethorpe-
House Bill No. 725. A bill to amend an Act establishing the City Court of Lexington, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 728. A bill to amend the charter of the City of Valdosta, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 731. A bill to establish the City Court of Gwinnett, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 733. A bill to amend the Acts incorporating the Mayor and Councilmen of the Town of Tybee, now known as Savannah Beach, and for other purposes.
Referred to Committee on Municipal Government.

1732

JouRNAL oF THE SENATE,

By Messrs. Scruggs and Dukes of Washington-
House Bill No. 747. A bill to amend an Act fixing the salary of the County Commissioners of Washington County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 748. A bill to amend an Act amending the charter of the City of College Park, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Newton of Toombs-
Hause Bill No. 753. A bill to create and incorporate the City of Charles, Toombs County; to grant a charter to that municipality; and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Jones and Smith of Dodge-
House Bill No. 754. A bill to amend an Act incorporating the Town of Chauncey, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Joel and Hill of Clarke-
House Bill No. 756. A bill to amend an Act amending the charter of the Town of Athens, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Messrs. Moore and Ennis of BaldwinHouse Bill No. 758. A bill to amend an Act creating a

TuESDAY, MARCH 16, 1937.

1733

new charter for the City of Milledgeville, and for other purposes.
Referred to Committee on Municipal Government.

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

By Mr. Claxton of Camden-
House Resolution No. 126. A resolution authorizing the State Librarian to fur.nish the Ordinary of Camden County certain law books, and for other purposes.
Referred to Committee on Public Library.

By Mr. Taunton of Taylor-
House Resolution No. 200. A resolution authorizing the State Librarian to furnish certain volumes to Taylor County, and for other purposes.
Referred to Committee on Public Library.

By Mr. Daughtry of Wilkinson-
House Resolution No. 202. A resolution authorizing the State Librarian to furnish the Clerk of the Superior Court of Wilkinson County certain law books, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Cochran and Edwards of Thomas-
House Resolution No. 49. A resolution authorizing the State Librarian to furnish the Clerk of Thomas County with certain volumes, and for other purposes.
Referred to Committee on Public Library.

1734

JouRNAL OF THE SENATE,

By Mr. Daughtry of Wilkinson-
House Resolution No. 52. A resolution to relieve 0. W. Bell, Tax Collector of Wilkinson County, and his bondsmen, from any obligation on the bond of said 0. W. Bell, and for other purposes.
Referred to Committee on Special Judiciary.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 715.
Respectfully submitted,
JAcKSON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back1 to the Senate with the recommendation that the same do pass:
Senate Bill No. 229.
Respectfully submitted,
JAcKSONs Chairman.

TUESDAY, MARCH 16, 1937.

1735

Senator Shannon of the 21st District, Chairman of the Committee on General Judici-ary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 has had under con:;ideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
Senate Bill No. 6.
Respectfully submitted,
SHANNON, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 227.
Respectfully submitted,
SHANNON, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:

Mr. President: Your Committee on State of the Republic has had under

1736

JouRNAL oF THE SENATE,

consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 171.
House Bill No. 59.

Respectfully submitted, GRINER, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary has had under
consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 544.
Respectfully submitted,
ALLEN, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the

TUESDAY, MARCH 16, 1937.

1737

same back to the Senate with the recommendation that the same do pass:
House Bill No. 409. Senate Bill No. 194. Senate Bill No. l43. Senate Bill No. 215. Senate Bill No. 232.
Respectfully submitted,
LINDSAY, Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 230.
Respectfully submitted,
PuRDOM, Chairman.

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the House and has instructed me, as vice-chairman, to report the same back to

1738

JouRNAL oF THE SENATE,

the Senate with the recommendation that the same do pass: House Bill No. 444. Respectfully submitted, KNABB, Vice-Chairman.

Senator Patten of the 6th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 553 do pass.
House Bill No: 554 do not pass.
Respectfully submitted,
PATTEN, Chairman.

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

Mr. President:
The House has passed by the requ1s1te constitutional majority the following bills and/or resolutions of the House, to-wit:

By Mr. Daughtry of Wilkinson-
House Resolution No. 52-308a. A resolution to relieve 0. W. Bell, Tax Collector of Wilkinson County, and his bondsmen, from any obligation on the bond of said 0. W. Bell, and for other purposes.

TuESDAY, MARCH 16, 1937.

1739

By Messrs. Pound of Hancock, Musgrove of Clinch, and McCracken of Jefferson-
House Bill No. 321. A bill to provide for the levy of an additional special tax to be known as a maintenance tax in addition to any and all other taxes, etc., now required, under existing laws, to be paid by owners of motor buses, trucks and/or trailers operating over the public roads of this State, and for other purposes.

By Messrs. Cochran of Thomas and Bargeron of Burke-
House Bill No. 332. A bill to provide for the conservation, protection, improvement and profitable use of agricultural land resources of the State of Georgia, and for other purposes.

By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 607. A bill to provide for the licensing of dance halls, swimming pools, tourist camps, boxing or wrestling arenas or amusement parks, for money or profit outside the limits of incorporated towns and cities in any county having a population of not less than 70,000 and not more than 73,000, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 773. A bill to create the office of Assistant Solicitor General of the Macon Judicial Circuit, and for other purposes.

By Mr. Gammage of Terrell-
House Bill No. 741. A bill to change the time of holding Superior Court in and for Terrell County, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of RichmondHouse Bill No. 679. A bill to be entitled an Act to

1740 .

JouRNAL oF THE SENATE,

amend an Act to change from the fee system to the salary system in certain counties; the Clerk of the Superior Court, Sheriff, Ordinary, Tax Collector, Tax Receiver, and Treasurer, and for other purposes.

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

Mr. President:
The House has passed by the reqms1te constitution~! majority the following bills of the House and/or Senate, ta-wit:

By Mr. Hand of Mitchell-
House Bill No. 602. A bill to be entitled an Act to fix the bond of the Sheriff of Mitchell County.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 737. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Bulloch County, Georgia, and to create the office of Bulloch County Tax Commissioner, and for other purposes.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 738. A bill to be entitled an Act to amend an Act to create the City Court of Statesboro, so as to change the salary of the Solicitor of the City Court of Statesboro, and for other purposes.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 739. A bill to be entitled an Act to amend an Act entitled: An Act to provide for the creation of a Board of County Commissioners for Bulloch County, and for other purposes.

TuESDAY, MARCH 16, 1937.

1741

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 746. A bill to be entitled an Act to amend an Act establishing the Municipal Court of Macon, and for other purposes.

By M.r. Scruggs of Washington-
House Bill No. 751. A bill to be entitled an Act to repeal an Act establishing a council for Washington County, Georgia, and for other purposes.

By Messrs. Scruggs and Dukes of Washington-
House Bill No. 752. .A bill to be entitled an Act to establish a County Council for Washington County, and for other purposes.

By Messrs. Jones and Smith of Dodg~
House Bill No. 755. A bill to be entitled an Act to amend an Act entitled an Act to abolish the office of Treasurer of Dodge County; to provide that the Ordinary shall perform the duties of the County Treasurer; and for other purposes.

By Mr. Whipple of Bleckley-
House Bill No. 762. A bill to be entitled an Act to provide for the holding of three terms of the Superior Court of Bleckley County, and for other purposes.

By Mr. Ansley ofLe~
House Bill No. 764. A bill to be entitled an Act approved December 11, 1901, amending the charter of the Town of Smithville providing for qualifications of the Mayor and Aldermen, and for other purposes.

1742

JouRNAL oF THE SENATE,

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 769. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and to provide for pension of Mrs. W. H. Cook.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 771. A bill to amend an Act establishing a charter for the City of Macon.

By Messrs. Weaver, Horne, and Freeman of Bibb-
House Bill No. 772. A bill to amend an Act establishing a charter for the City of Macon.

By Mr. Gross of Stephens-
House Bill No. 776. A bill to amend an Act establishing the City Court of Stephens County.

By Senator Knabb of the 4th District-
Senate Bill No. 83. A bill to be entitled an Act to amend Section 13-1901 of the Code as amended by the Act of March 15, 1935, defining and limiting the liability of stockholders of banks incorporated under Title 13 of the Code, so as to make the same apply to the stockholders of banks incorporated under any general law for the incorporation of banks, and for other purposes.

By Senator Knabb of the 4th District-
Senate Bill No. 125. A bill to be entitled an Act to amend Code Section 13-501 of the 1933 Code relating to the number, verification, contents, and publication of reports of State Banks; to amend Section 13-2005 of the 1933 Code relating to semi-annual examinations of State Banks by directors; employment of certified public accountants; and for other purposes.

TuESDAY, MARCH 16, 1937..

1743

By Senator Millican of the 35th District-
Senate Bill No. 159. A bill to be entitled an Act to amend that certain Act entitled "An Act to amend an Act approved August 20, 1927, entitled An Act to provide that cities having a certain population shall furnish pensions to all officers and employees of such cities who have served twenty years," and for other purposes.
The House agrees to Senate amendments to House Bills Nos. 650 and 617.

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

By Senator Lindsay of the 34th District-
Senate Bill No. 143. A bill to provide for granting relief by injunction and decrees for specific performance with regard to certain contracts between employers and employees, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 194. A bill to amend Section 46-101 of the 1933 Code providing that no summons of garnishment shall issue on a pending suit unless the affidavits for garnishment recites that the money to be garnisheed is not wages of the defendant, and for other purposes.

By Senator McKenzie of the 48th District-
Senate Bill No. 215. A bill to amend Section 59-703 of the 1933 Code and Section 59-:-704, reducing the number of jurors for the trial of civil cases, and for other purposes.

By Senator Brock of the 37th District-
Senate Bill No. 227. A bill to amend Section 24-4108 of the 1933 Code relating to the payment of salaries of the Deputy Clerk of the Supreme Court out of costs collected, and for other purposes.

1744

JouRNAL OF THE SENATE,

By Senator Allen of the 31st District-
Senate Bill No. 229. A bill to amend an Act establishing the City Court of Stephens County, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 232. A bill to amend an Act of August 7, 1931, defining and regulating the practice of law, and for other purposes.

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

By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 59. A bill amending the 1933 Code, Section 26-7303, providing for the protection of surf bathers by Life Guards, and for other purposes.

By Messrs. Houston and Perry of Worth, Parker of Colquitt, Peters of Meriwether, and Sutton of Wilkes-
House Bill No. 409. A bill to amend Section 5, pages 348-352 of the 1927 Act No. 314, pertaining to the control of anthrax or Bangs Disease, and Tuberculosis in Domestic Animals, and for other purposes.

By Messrs. Durden and Sabados of Dougherty-
House Bill No. 444. A bill to amend Section 57-116 of the 1933 Code relating to interest on loans, and for other purposes.

By Messrs. Deal and Preston of Bullock-
House Bill No. 544. A bill to provide a salary in lieu of the fee system for the Clerk of the Superior Court and other courts served by the Superior Court Clerk in certain counties, and for other purposes.

TuESDAY, MARCH 16, 1937.

1745

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 553. A bill to provide for civil service for teachers and employees of the public school systems of certain counties, and for other purposes.

The following bill of the House, having been tabled on March lOth, and taken from the table on March 16th, was taken up for consideration together with all amendments thereto:

By Messrs. Kendrick of Fulton and Lanier of Richmond-
House Bill No. 169. A bill to amend the Code of 1933, Chapter 54-1 by striking the entire chapter, and substituting therefor a new section, and to create the office of Commissioner of Labor, and prescribe the duties of said Commissioner, and for other purposes.

The Committee Substitute for House Bill No. 169 read as follows:

SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 169.
To be entitled an Act to provide for the establishment of a Department of Labor; to abolish the Department of Industrial Relations and all offices therein; to create the office of Commissioner of Labor and to define the duties of said Commissioner as administrative head of the Department of Labor; to provide for the arbitration and conciliation of labor disputes; to authorize the Commissioner of Labor to make investigations and to collect statistics relating to labor conditions; and to make inspections for the purpose of enforcing the labor laws of the State of Georgia; to create an Industrial Board; to empower such Bo;:trd to make rules relating to health and safety in places of employment; to provide a proper

1746

JouRNAL OF THE SENATE,

procedure for review of such rules; to provide penalties for the proper enforcement of this Act and to repeal all laws in conflict herewith, and for other purposes.

Be it enacted by the General Assembly of Georgia:
Section 1. Definitions. That, whenever used in this Act, "employer" includes every person, firm, corporation, partnership, stock association, agent, manager, representative, or foreman, or other persons having control or custody of any representative, place of employment or of any employees, except agricultural and domestic labor, and those employers having less than eight employees. The Naval Stores business shall be classified as agricultural.

Section 2. Repeal. That Sections 54-101 to 54-115, inclusive of Chapter 54-1 of Title 54 of the Georgia Code of 1933, establishing a Department of Industrial Relations, providing for the election of the Commissioner of Commerce and Labor and the appointment of Directors and personnel of the Department, and describing the duties of the Department, and also an Act of the General Assembly of Georgia of 1935, Page 107, entitled "An Act to amend Title 54 ("Industrial Relations") Chapter 54-1 ("Department of Industrial Relations") Section 54-107 ("CommiSsioner of Commerce and Labor; election; term of office, vacancy of office") of the Code of Georgia of 1933, by prOviding a term of office of four years for the Commissioner of Commerce and Labor; and for other purposes," be hereby repealed.

On and after the effective date of this Act, the Department of Industrial Relations shall be abolished with the respective offices therein created, that within 60 days after such effective date, the Commissioner of Commerce and Labor shall submit to the Governor a report of the activities of the Department of Industrial Relations for the portion of the year 1937 during which the said Department was

TuESDAY, MARCH 16, 1937.

1747

in existence. In lieu of the aforesaid Department a Department of Labor shall be organized as follows:

Section 3; Department of Labor Established. There is hereby created and established a separate and independent administrative agency to be known as the Department of Labor. The said Department herein established shall have all the powers and perform all the duties heretofore vested by law in the Department of Industrial Relations except as otherwise provided. On and after the effective date of the Act, any reference to the Department of Industrial Relations in any law shall be deemed to refer to the Department of Labor, and any reference to the Commissioner of Commerce of Labor or to the Directors designated pursuant to Sections 101 and 102 of the Act approved August 28, 1931, appearing in the Acts of 1931, Page 42, and being Sections 54-101 and 54-102 of Chapter 54-1 of Title 54 of the Goergia Code of 1933, to manage the Department of Industrial Relations, shall he deemed to refer to the Commissioner of Labor herein created or the Industrial Board and its members respectively. All sections of the Georgia Code of 1933, and all Acts or parts of Acts of the Georgia Session Laws relating to the said Department of Industrial Relations, the Commissioner of Commerce and Labor and the Directors of said Department are hereby amended accordingly; except that in Section 114-9901, Chapter 114-99, of Title 114, the term "directors" shall be deemed to refer to the Commissioner of Labor herein created..

Section 4. Commissioner of Labor. The Department of Labor shall be under the direction and supervision of a Commissioner to be known as Commissioner of Labor.. Such Commissioner shall devote his full time to the duties of his office and shall not hold any other office during his term of office. Said Commissioner shall be elected by those persons entitled to vote for the members of the General Assembly, and his term shall be for two (2) years except that the Governor shall appoint the Commissioner of Labor

1748

JouRNAL oF THE SENATE,

to serve until the next general election in 1938, if and when this Act shall become effective. Should a vacancy occur in said office the Governor shall be empowered to appoint any individual to fill an unexpired term of the Commissioner of Labor. The salary of said Commissioner shall not exceed the sum of Five Thousand Dollars ($5,000.00) per annum and the same shall not be changed during the Commissioner's term of office. The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office, "The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office, provided written charges are served upon the Commissioner at least ten (10) days prior to a hearing thereon before the Governor and the Constitutional Officers of this State, and provided further a majority shall find that the Commissioner is guilty of the charges preferred under the provisions of this Act, but for no other cause." The Commissioner shall have charge of the administration and enforcement of all laws, rules and regulations which it is the duty of the Department to administer and enforce, except as provided in the next section hereof and shall direct all inspections and investigations except as otherwise provided.
Section 5. Industrial Board. (a) There is hereby created and established within the Department of Labor an Industrial Board, composed of three (3) members who shall be appointed by the Governor, by and with the advice and consent of the Senate. The present incumbent of the office of Commissioner of Commerce and Labor (hereafter to be known as Chairman of the Industrial Board) shall serve as Chairman of said Board for the unexpired portion of his term, "for which he was elected and his salary shall be $4,800 per annum. The Board herein created shall have all the power and authority heretofore vested in the Department of Industrial Relations for the administration of the Workmen's Compensation Act."
Provided, that nothing in this Act shall affect the term of office of any member or Director of the present Depart-

TUESDAY, MARCH 16, 1937.

1749

ment of Industrial.Relations whose term of office has heretofore_ been confirmed by the State Senate. Upon the expiration of the present incumbent's term, the Governor shall appoint such chairman in accordance with the prOvisions of Section 6. Of the other two original members of the Industrial Board, one shall be appointed for a term of two years and the other for a term of three years, and their successors shall be appointed for terms of four years each. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The Chairman of the Board shall tepresent the interests of the public, one member of said Board to be appointed by the Governor shall be a person who on account of his previous employment, or affiliation, shall be classified as a representative of employers, and one of such appointees shall be a person whose previous employment has been in a class subject to the provisions of the Workmen's Compensation law, regardless of whether the employment has been with a person, firm, or corporation coming within the operation of the Workmen's Compensation Law. The Commissioner of Labor shall be ex-officio member of the Board but shall have no vote. The members of the Industrial Board, as well as the Commissioner of Labor, shall before entering upon the duties of their respective offices, take an oath for the faithful discharge of their duties. Any member of the Industrial Board may be removed by the Governor for neglect of duty or malfeasance in office, provided written charges are served upon the "member" at least ten (10) days prior to a hearing thereon before the Governor and the Constitutional Officersof this State, and provided further a majority shall find that the "member" is guilty of the charges preferred under the provisions of this Act or if he ceases to represent the interests on whose behalf he was appointed, but for no other cause..

(b) The annual salaries of the members of the Board, shall not be changed during the term of office of such mem-

1750

JouRNAL oF THE SENATE,

her. The sahry of each member except .the Chairman, is fixed a~ $4,000 00 per annum.
(c) The Industrial Board shall exercise all the powers and perform all the duties relating to the enforcement of the WorKmen's Compensation Law, heretofore in the Department of Industrial Relations, and in the Directors of said Department, by the provisions of Title 114 of the Georgia Code of 1933, as amended except those powers and duties which are purely administrative in character and which are vested in the Commissioner of Labor under this Act.
(d) The Industrial Board may adopt a proper procedure to govern the exercise of its functions and hearings before the Board.

Section 6. Appointment of Chairman of the Industrial Board. Upon the expiration of the term of the present incumbent of the office of Commissioner of Commerce and Labor (hereafter to be known as Chairman of the Industrial Board pursuant to Section 3, of this Act) the vacancy in the office of Chairman of the Industrial Board shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, and the appointee shall hold his office for four years and until his successor shall have been appointed and shall have qualified. Any vacancy in the office shall be filled by the Governor for the unexpired portion of the term.
(b) The provisions of this Act shall not change the salary of the present Chairman of the Industrial Board which shall remain the same during the present incumbent's term of office.

Section 7. Office. The Commissioner of Labor shall keep and maintain the office of the Department of Labor in the City of Atlanta, Georgia, and shall be provided with suitable rooms, necessary furniture, stationary, books,

TUESDAY, MARCH 16, 1937.

1751

periodicals, maps, instruments and other necessary supplies; the expense thereof to he paid by the State in the same manner as other similar expenses are paid. The Commissioner, the members of the Industrial Board and the employees of the Department of Labor shall he entitled to receive from the State their necessary and actual expenses for travelling on business of the Department, either within or without the State of Georgia. Such expenses shall he paid by the State in the same manner as other similar expenses are paid.

Section 8. Division of Department. (a) The Commissioner of Labor, by and with the approval of the Governor, may set up within the Department of Labor such divisions or bureaus as he may deem necessary for the exercise of the powers and the performance of the duties of the Department, except as otherwise provided.
(h) The Commissioner is authorized and empowered by and with the approval of the Governor, to appoint a secretary, the head of all divisions or bureaus and such other employees as may he needed, and to assign them their duties and fix their annual salaries. Provided, however, that no appointment shall he made whereby the aggregate salaries of the appointees are in excess of the amount appropriated by the Legislature for salaries within the Department of Labor. Moreover, the Commissioner may remove from office any officer or employee in the Department upon notice and hearing, for neglect of duty or malfeasance. in office.

Section 9. Duties and Power of Commissioner. In addition to such other duties and powers as may he conferred upon him by law, the Commissioner of Labor shall have the power, jurisdiction, and authority:
(a) To superintend the enforcement of all labor laws in the State of Georgia, the enforcement of which is not otherwise specifically provided for, and all rules and variations made pursuant to Sections 11 and 13 of this Act;

1752

JouRNAL OF THE SENATE,

(b) To make or cause to be made all necessary inspections to see that all laws and rules made pursuant thereto which the Department has the duty, power and authority to enforce, are promptly and effectively carried out;
(c) To make investigations, collect and compile statistical information and report upon the conditions of labor generally, and upon all matters relating to the enforcement and, effect of the provisions of this Act and of the Rules issued thereunder.
(d) To propose to the Industrial Board such rules, or changes in rules, as he may deem advisable for the prevention of accidents or the prevention of industrial or occupa tional diseases in every employment or place of employment, and such rules, or changes in rules, for the construction, repair and maintenance of places of employment, places of public assembly, and public buildings as he may deem advisable to render them safe. The Commissioner may appoint committees composed of employers, employees, and experts to suggest rules or changes therein;
(e) To do all in his power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employees, and to avoid the necessity of resorting to strikes, picketing, lockouts, boycotts, black list, discriminations, and legal proceedings in matters of employment. In pursuance of this duty, the Commissioner may appoint temporary boards of arbitration, provide necessary expenses of such boards, order reasonable compensation not exceeding $7.00 per day for each member engaged in such arbitration, prescribe rules for such arbitration boards, conduct investigations and hearings, publish reports and advertisements, and may do all things convenient and necessary to accomplish the purpose of the Act. The Commissioner may designate a mediator and may, detail employees or persons not in the Department from time to time to act as his assistants for the purpose of executing such provisions. Employees of the Depart-

TuESDAY, MARCH 16, 1937.

1753

ment of Labor shall act on temporary boards without extra compensation:
(f) To supervise the business of private employment agencies and intelligence bureaus and as frequently as may be necessary to examine into the condition of each such agency or bureau. The Commissioner shall require each agent to il1ake application for license to do business, which application must be indorsed by two taxpayers in the county where such agency proposes to conduct business, said license to be granted by the Commissioner upon the payment to the State of such tax as may be charged, and the filing of a bond in the sum of $500 for the faithful performance of duty, said license to be renewed annually. The Commission~r shall require each agency to report to him once a month in writing, showing the names, addresses and number of persons for whom positions were secured, where secured, the kind of position, the pay of same, the amount of fee collected and the amount still to be collected. Nothing in this paragraph shall authori'le any employment agency or persons with such agency, or any employee thereof, to act as an emigrant agent. If any agent shall be found to be violating the law, it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for prosecution and to cancel the license of such agency to do business.
(g) To exercise jurisdiction over such person, firm or corporation acting as an emigrant agent or agency, hereinafter referred to as emigrant agent. The Commissioner shall require each emigrant agent to make application for license to do business, said application to be indorsed by two taxpayers and accompanied by a bond of $1000 for the faithful performance of duty, and the payment of such tax as may be required by law. Each emigrant agent shall make a daily report to the Commissioner, showing the names, addresses and number of people carried out of the State, the points to which they have been carried, the kind and character of work secured for them, the pay to be received

1754

JouRNAL OF THE SENATE,

by them, the fee charged them or to be collected and from whom. The emigrant agent shall show clearly by whom employed, if paid a salary, or from whom he receives a commission, and how much. The Commissioner shall inspect the office and work of each emigrant agent as often as may be necessary and, if any emigrant agent shall be found to be violating the law, it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for the prosecution and to cancel the license to do business. Each emigrant agent must secure annually a license to do business. In contemplation of this section, an emigrant agent is any person who shall solicit or attempt to procure labor in this State to be employed beyond the limits of same.

Section 10. Employer's Duty as to Safety. (a) Every employer shall furnish employment which shall be reasonably safe for the employees therein and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees; provided that, as used in this Act, the term "safe" or" safety" as applied to any employment or place of employment shall include conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, and welfare of employees.
(b) Every employer and every owner of a place of employment, place of public assembly, or public building, now or hereafter constructed, shall so construct, repair, and maintain the same as to render it reasonably safe.

Section 11. Public Hearing on Proposed Rules. Before any rule is adopted, amended or repealed, there shall be a public hearing thereon, notice of which shall be published at least once not less than ten days prior thereto in such

TuESDAY, MARCH 16, 1937.

1755

newspaper or newspapers as the Industrial Board may prescribe.

Section 12. Effective Date of Rules; Publication. (a) The rules and all amendments and repeals thereof shall unless otherwiseprescribed by the Board, take effect twenty days after the first publication thereof and certified copies thereof shall be filed in the office of the Secretary of State.

(b) Every rule adopted and every amendment or repeal

thereof shall be published in such manner as the Board

may determine and the Board shall deliver a copy to every

person making application therefor. The Commissioner

of Labor shall include the text of such rule, or amendment

thereto, in an appendix to the annual report of the Depart-

ment of Labor next following the adoption or amendment

of such rule.



Section 13. Variations. If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Industrial Board, the Board may, after public hearing, make a variation from such requirement if the spirit of the rule and law shall be observed. Any person affected by such rule, or his agent, may petition the Board for such variation stating the grounds therefor. The Board shall fix a day for a hearing on such petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept in the office of the Department of Labor and open to public inspection.

Section 14. Petition and Hearing. (a) Any person in interest, or his authorized agent, may petition the Board for a review of the validity or reasonableness of any rule made under the provision of this Act.
(b) The petition shall be verified, shall be filed with the Board and shall state the rule proposed to be reviewed and in what respect it is claimed to be invalid or unreasonable. The Board may join in one proceeding all petitions alleging

1756

JouRNAL oF THE SENATE,

invalidity or unreasonableness of substantially similar rules. The filing of such petition shall operate to stay all proceedings under such rule until the determination of such review.
(c) The Board shall order a hearing if necessary to determine the issue raised, or if the issues have been considered in a prior proceeding, the Board, without hearing, may confirm its previous determination. Notice of the time and place of hearing shall be given to the petitioner and to such other persons as the Board may determine.
(d) If the Board finds that the rule is invalid or unreasonable, it shall revoke or amend the same.

Section 15. (a) Review of Rules. Any employer, owner, or other person in interest being dissatisfied with any rtlle of the Board may, commence an action in the Superior Court of the County wherein such employer, owner or other person in interest, resides, or has his or its principal place of business against the Department of Labor as defendant to enjoin and set aside any such rule on the ground that the rule is unlawful or that any such rule is unreasonable, in which action the defendant shall be served with a copy of the complaint. Service of the complaint may be made by serving a copy or second original by the sheriff or any deputy sheriff of any county wherein the Commissioner of Labor may be found, and service shall be made upon such Commissioner of Labor.

Section 16. Duty to Furnish Information-Keeping of Records. Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by him, and of the daily and weekly hours worked by each such person and of the wages paid such pay period to each such person. Such records shall be kept on file for at least one year after the date of the record. No employer shall make or cause to be made any false entries in any such record.

TUESDAY, MARCH 16, 1937.

1757

Section 17. Enforcement. It shall be the duty of the Attorney General of the State and the solicitors general of their respective judicial circuits, upon request of the Commissioner of Labor, or any of his authorized representatives, to prosecute any violation of the law which is made the duty of the said Commissioner to enforce.
Section 18. Penalty. (a) Any employer, or owner, who violates or fails or refuses to comply with any provisions of this Act within the time prescribed, or any judgment or decree made by any court in connection with the provisions of the Act for which no penalty has been otherwise provided, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty ($20) dollars nor more than two hundred ($200) dollars, or shall be imprisoned for not exceeding six months, or both so fined and imprisoned for each such offense; provided, that any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Commissioner of Labor or his authorized representatives, or to any member of the Industrial Board, shall be deemed guilty of perJury.
(b) Any employer or owner who violates, or fails or refuses to comply with any rule of the Industrial Board shall be fined not less than ($20.00) and not more than ($200.00) for each offense.
Section 19. Annual Report-Recommendation as to Legislation Needed. The Commissioner of Labor shall annually, on or before the first day of January, file with the Governor a report covering the activities of the Department of La,bor, accompanied by recommendations with reference to such changes in the law, applying to and affecting industrial labor conditions, as the Commissioner of Labor may deem advisable. The report of the Commissioner shall be printed and distributed in such manner as the Governor shall authorize.

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JOURNAL OF THE SENATE,

Section 20. Transfer of Records, Files, Etc., and Appropriations. Upon the effective date of this Act, all records, papers, files, property and pending business of the Department of Industrial Relations or any other governmental agency the powers of which have been transferred to the Department of Labor, the Commissioner of Labor, or to the Industrial Board by the provisions of this Act, shall become the records, papers, files, property and pending business of the Department of Labor, and all unexpended funds and appropriations of the Department of the Industrial Relations and other governmental agencies shall become funds and appropriations available to be expended .by the Commissioner of Labor in the exercise of rights, powers, and duties conferred upon the Department of Labor, the Commissioner of Labor or the Industrial Board by this Act.

Section 21. Pending Litigation. Nothing in this Act shall be construed to affect pending litigation growing out of, connected with, or based upon proceedings under the workmen's compensation law, and all i'ndictments, prosecutions, suits and other proceedings relating to the labor laws of the State of Georgia in any of the courts shall be prosecuted to final judgme'nt and execution.

Section 22. Nothing in this Act contained shall apply to any railroad company the "principal motive power of which is steam or to the employees of any such railroad company.

Section 23. Separability. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not he affected thereby.

TUESDAY, MARCH 16, 1937.

1759.

Section 24. Repeal. All laws and parts of laws in conflict with this are hereby repealed.

The following amendments were offered to the Comf!Iittee Substitute for House Bill No. 169:

1.
By the committee: To amend by striking the word "representatives" from Section 1 in line 3 of substitute.

2.
By Senator Hardman of the 33rd DistrictTo amend by striking the word "Session" m line 12 of
Section 3.

3.
By Senator Hardman of the 33rd District-
To amend by placing a period after the word "created" in line 11 of Section 2 and striking the word "that" in said line.
3. (b) Moves to amend Senate Committee Substitute for House Bill No. 1.69 by striking the sentence heginning on line 9 of Section 5 and reading as follows: "Provided, that nothing in this Act shall affect the term of office any member or Director of the present Department of Industrial Relations whose term of office has heretofore been confirmed by the State Senate."
To further amend by striking the quotation mark in the first paragraph.
4. By the committee:
To amend by striking from Section 4 the following com-

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JouRNAL OF THE SENATE,

plete sentence which appears on lines 10 and 11: "The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office."

5.
By the committee:
By striking the quotation marks which appear m Sections 4 and 5.

6.
By the committee:
By striking the words "Section 3," as they appear in Section 6, and by substituting in lieu thereof; "Section 5."

7.
By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House Bill No. 169 by striking at the end of line 6 and the beginning of line 7 of Section 18 the words "employer or owner" and inserting in lieu thereof the word "person."
To further amend strike "employer or owner" in line 10, and insert in lieu therefor the word "person."

8.
By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House Bill No. 169 by striking the word "head" in line 6 of Section 8 and substituting in lieu thereof the word "heads."

8 (b). By Senators Williams of the 5th District and Atkinson of the 1st District-
Move to amend Paragraph (b) of Section 8 by adding the following at the end of said section: "Provided, how-

TuESDAY, MARCH 16, 1937.

1761

ever, that .it shall be understood that the Commissioner of Labor is not authorized and empowered to appoint a Secretary and Treasurer of the Industrial Board nor shall he exercise any authority over the personnel of the Industrial Board and shall not be authorized in any circumstance to remove from office any officer or employee of the Industrial Board upon any ground whatsoever, his authority with the Industrial Board shall be advisory only."

9.
By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House Bill No. 169 by striking the period after the word "Labor" in line 9 of Section 8 and substituting in lieu thereof a comma and adding after said comma the following: "and no salary in excess of $2400 per annum shall be paid without the approval of the Governor."

10.
By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House Bill No. 169 by inserting a comma after the word" Commissioner" in line 9 of Section 8 and after said comma inserting the following: "with the approval of the Governor."

11.
By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House Bill No. 169 by adding before the word "intelligence" in line 30 of Section 9 the word "employment."

12. By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House

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JouRNAL oF THE SENATE,

Bill No. 169 by adding after the word "therein" in line 18 of Section 9 the following: "provided, however, that this shall not be construed to enlarge the rule making powers of the Industrial Board."

13.
By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House Bill No. 169 by striking in line 20 of Section 9 the following words: "the necessity of resorting to."

14.
By Senator Hardman of the 33rd District-
Moves to amend Senate Committee Substitute for House Bill No. 169 by adding after the word "compensation" in line 29 of Sectiolrl 9 the following: "Nothing in this section or in this Act shall be construed to in anywise prohibit or limit employees' right to bargain collectively."
14 (b).
By the committee:
By adding in Section 16 immediately after the word "paid," as the same appears in line 4, the words "during such."

15.
By Senator Hardman of the 33rd DistrictTo amend Section 24, line 1, between words "this" and
"are" by inserting word "Act."
The above amendments to the Committee Substitute for House Bill No. 169 were adopted.
The Committee Substitute, as amended, was adopted.

TuESDAY, MARCH 16, 1937.

1763

The report of the committee, which was favorable to the passage of the bill, by substitute, as amended, was agreed to.
On the passage of the bill, by substitute, as amended, the ayes were 33, the nays 4.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.

The following bill of the Senate was taken up for consideration having been postponed when reached on yesterday:

By Senators Atkinson of the 1st District and Pope of the 7th District-
Senate Bill No. 122. A bill to amend Section 15 of the Motor Common Carriers' Act of 1931 relating to the operation of motor vehicles for hire by railroad companies on the highways of this State, and providing the terms and conditions under which said railroad companies may operate such motor vehicles, and for other purposes.
The committee offered the following substitute for Senate Bill No. 122:
Committee Substitute for Senate Bill No. 122.

A BILL TO BE ENTITLED:
An Act to amend Section 15 of the Motor Common Carriers' Act of 1931 relating to the operatio!l of motor vehicles for hire by railroad companies on the highways of this State, and providing the terms and conditions under which said railroad companies may operate such motor vehicles.
Be it enacted by the Legislature of the State of Georgia:
Section 1. That Section 15 of the Motor Common Carriers' Act of 1931 be, and the same is, hereby amended so as to read as follows:

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JouRNAL oF THE SENATE,

Section 15. Railroad Companies operating m this State are hereby authorized .to operate motor vehicles for hire upon the highways of this State, provided they obtain from the Commission a certificate under this Act, and provided further that they shall be, as to said motor vehicles, motor carriers under this Act and subject to all the provisions of this Act; and railroad companies operating in this State are also authorized to own the whole or any part of the capital stock of a corporation or corporations organized or operating as a motor carrier. Except as hereinafter provided, no railroad company, nor any company whose stock is owned by a railroad company, shall be granted a certificate of public convenience and necessity without proof such as would be required by an independent motor carrier; provided, however, that upon the making of proper application therefor by any such railroad company or by any company other than a railroad company, the majority of whose stock is owned by any such railroad company, the Commission shall, as a matter of right and without a hearing, grant a certificate of necessity and convenience to any such railroad company or to any such company other than a railroad company, the majority of whose stock is owned by any such railroad company, to operate for the transportation of freight and/or United States mail over the highways and public roads of this State motor vehicles between and within communities which are connected by and served by the rail lines of any such railroad company, but not elsewhere. The rates and charges for transportation by motor vehicles, as in this section provided, shall be the same as those which any such railroad company may be authorized to charge if such transportation had been solely by rail.
Section 2. All laws or parts of law in conflict herewith be, and the same are, hereby repealed.
The committee offered the following amendment to the Committee Substitute for Senate Bill No. 122:

TuESDAY, MARCH 16, 1937.

1765

By adding a new section to be Section 2, as follows:

Section 2. It is hereby declared to be the intent of this Act that the term "Railroad Companies" as used herein shall be construed to include receivers and/or trustees of Railroad Companies, and certificates shall be issued to such receivers or trustees in the same manner as directly to Railroad Companies.
And re-numbering the succeeding section to be Section 3.

Senator Harrison of the 17th District moved that Senate Bill No. 122, the substitute and amendments thereto be tabled.
The motion was lost.

Senator Atkinson of the 1st District moved that the Senate recess at 1:00 o'clock until 2:00 o'clock, P. M., at which time it 1econvene and remain in session until otherwise ordered by the Senate: also that when the Senate adjourn today it stand adjourned until tomorrow morning at 9:30 o'clock. The motion prevailed.

Senator Forrester of the 44th District moved that Senate Bill No. 122, the substitute and all amendments be postponed indefinitely.
On the motion by Senator Forrester of the 44th District, Senator Millican of the 35th District moved the previous question, and the call was sustained.
The main question was orde1 ed.
On the adoption of the motion by Senator Forrester of the 44th District to indefinitely postpone, Senator Flynt of the 26th District called for the ayes and nays, and the call was sustained.

1766

JouRNAL OF THE SENATE,

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Atwood Brock Burgin Burrell Clements Ennis Forrester Griner

Hampton Harrison .Jackson .Johnson .Jones Millican Peebles Phillips

Purdom Shedd Sutton Terrell Whitehead Williams

Those voting in the negative were Senators:

Allen Almand Atkinson Chason
Flynt
Fowler Greer Hardman Harrell

Holmes Home Kimbrough Knabb Lindsay McKenzie Moye Neely Patten

Pope Pruett Sammon Shannon Sikes Thrasher Walker

The roll call was verified.

The ayes were 22, the nays 25.

The motioN to indefinitely postpone was therefore lost.

Not voting were: Senators Aultman of the 23rd District, McCutchen of the 43rd District, and Peterson of the 15th District.

The amendment to the substitute was 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 passage of the bill, by substitute, as amended,

TuESDAY, MARCH 16, 1937.

1767

Senator Purdom of the 46th District called for the ayes and nays. The call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Chason Flynt
Fowler Greer Harrell

Holmes Horne Kimbrough Knabb Lindsay McKenzie Moye Neely

Patten Pope Pruett Shannon Sikes Thrasher Walker

Those voting in the negative were Senators:

Atwood Brock Burgin Burrell Clements Ennis Forrester Griner

Hampton Hardman Harrison Jackson Johnson Jones Millican Peebles

Phillips Purdom Sammon Shedd Sutton Terrell Whitehead Williams

The roll call was verified.

The ayes were 23, the nays 24.

The bill having failed to receive the requisite constitutional majority was lost.

Not voting were: Senators Aultman of the 23rd District, McCutchen of the 43rd District, and Peterson of the 15th District.

Senator Lindsay of the 34th District gave notice that he would, at the proper time, move that the Senate reconsider its action in defeating Senate Bill No. 122.

1768

JouRNAL OF THE SENATE,

The following report of the Conference Committee was submitted and read:

Mr. President:

Mr. Speaker:
Your Conference Committee appointed to consider amendments to House Bill No. 5 beg leave to submit the following report:
1. Your committee recommends that the House recede from its action to Senate amendment No. 1 which is as follows:
Amend House Bill No.5, Section 92-1418, Sub-section B, line 5, by striking the word and figure "One (1)" and inserting in lieu thereof the word and figure "Two (2)."
Your committee recommends that the House recede from its action to amendment No.2 which is as follows:
Amend House Bill No. 5, Section 92-1403, Sub-section G, line 5, by striking the word "line" and sub-stituting in lieu thereof the word "like."
Your committee recommends that the Senate recede from its action in adopting Senate amendment No. 3 which is as follows:
Amend House Bill No. 5, Section 92-1402, Sub-section C, line 2, by striking the words "or other type of."
Your committee recommends that the Senate recede from its action in adopting Senate amendment No.4 which is as follows:

Amend House Bill No. 5, Section 92-1402, Section B, line 11, by striking the balance of said section after the word" highways."

TUESDAY, MARCH 16, 1937.

1769

Your committee recommends that the Senate recede from its action in adopting Senate amendment No. 5 which is as follows:

Amend House Bill No. 5, Section 92-1415, Sub-section A, line 12, after the word "mortgagee" by striking the words "deeds to secure debt."

Your committee recommends that the House and Senate recede from their position regarding Section 92-1407, Sub-section C, line 4 and the bill as passed by the House be amended by striking the words "one-half of one" and substituting in lieu thereof the words "one."
Respectfully submitted,
On the part of the House:
SIMMONS of Decatur,
LARSEN of Laurens,
GRoss of Stephens.

On the part of the Senate: MILLICAN of the 35th District, jACKSON of the 14th District, PoPE of the 7th District.

Senator Harrell or the 12th District moved that the Senate adopt all of the report of the Conference Committee except the last paragraph thereof. The motion was lost, the report being adopted in its entirety.
The hour of 1:00 o'clock having arrived, the President announced that the Senate stood re::essed until 2:00 o'clock, P.M.
The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.

1770

JouRNAL OF THE SENATE,

The following bills of the House and Senate were read the third time and put upon their passage:
By Senator Griner of the 45th District-
Senate Bill No. 201. A bill to relieve owners of motor vehicles from liability to guest or accommodation passengers 'for injuries sustained while riding therein, and for other purposes.

Senator Harrison of the 17th District offered the following amendment to Senate Bill No. 201:
To amend by adding after the word "liability" in line 4 of Section 1 the following words: "except for gross negligence."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

The following report of the special committee named to investigate the feasibility of the State accepting from the City of Atlanta, Battle Hill Sanatorium, was submitted, read and adopted:

Atlanta, Georgia,

HaN. JOHN B. SPIVEY,

March 15, 1937.

Georgia State Senate,

Atlanta, Georgia.

Dear Sir: We, the undersigned members of your honorable body,

TuESDAY, MARCH 16, 1937.

1771

appointed to investigate the feasibility of the State of Georgia taking over and operating Battle Hill Sa,natorium, now owned by the City of Atlanta, beg to submit the following report:

We visited this institution and went over same thoroughly. The institution in question has approximately. 250 patients, both white and colored, adult and children. The sanatorium is located in the southwest section of Atlanta at the edge of the city limits. All .of the buildings are of wood construction, with the exception of one building recently finished which we understand was built through the aid of the Federal Government.
The institution is in charge of Dr. J. R. Bradfield, who
has been in charge of same for more than 20 years.

From our observation, it appears that the institution is extremely well managed. We were particularly struck by the cleanliness of the entire institution in every respect. The equipment, such as X-Ray machines, laboratories, etc., are of the very finest.

We understand that there is a waitmg list of nearly 400 patients desiring admission, although each and every bed is filled. This condition has existed for .a number of years.. The hospital is open to residents of Fulton County, including those in the city and out of the city. Preference is given, where possible, in cases where there is a chance to cure or arrest the disease.

There is no limit to the time that the patients stay at the hospital. Many have been there for several years, and a large number for 18 months or more. The cost of operating the institution is approximately $150,000.00 per year. The property, owned by the city, covers approximately 50 acres, and both the land and all buildings are debt free.

1772

JouRNAL oF THE SENATE,

We do not feel that it is feasible for the State to take over an institution of this kind. In the first place, there would have to be very radical changes made in the time that the patients could stay in the hospital, as at the Tubercular Sanatorium at Alto, the period of time any one patient can stay is eight months. If this were made a State institution, it would necessarily be open to the citizens of the entire State, and with the present condition, where the institution is filled to capacity with many on the waiting list, it would not be possible to change the present method without putting out a large number of people afflicted with tuberculosis who have no other place to go.

The authorities of Fulton County pay a small portion of the expense of the operation of this institution.

The committee wish to again stress the efficiency which was evident in the operation of this institution, and feel that the City of Atlanta is to be congratulated on having such a person as Dr. Bradfield at the head of same. We wish to further commend the City of Atlanta for their generous offer in extending this institution to the State, but we do not feel that it would be to the interest of the people of the City of Atlanta and the balance of Fulton County, as well as to the State Government as a whole, to accept this offer. It is, therefore, our recommendation that the offer of the city be declined.
Respectfully submitted,
ALLEN of the 31st District,
HARDMAN of the 33rd District.

By Senator Neely of the 36th District-
Senate Bill No. 211. A bill to amend an Act of August 17, 1923, providing for the organization and taxation of incorporated mutual or cooperative fire insurance companies, and for other purposes.

TUESDAY, MARCH 16, 1937.

1773

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Patten of the 6th District-
Senate Bill No. 175. A bill to amend Section 92-7601 of the 1933 Code so as to provide for the accrual and collection of certain penalties in the event executions issued for taxes shall not, on or before certain dates, be paid and satisfied by the person against whom the same were issued, and for other purposes.
Senators Millican of the 35th District and Pope of the 7th District offered amendments to Senate Bill No. 175 which were read.
Senator Neely of the 36th District moved that Senate Bill No. 175 and amendments thereto be tabled, and the motion prevailed.
_ Senator Atkinson of the 1st District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industrial Relations, read the second time and recommitted to the Committee on Industrial Relations:

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Purdom of the 46th District-
Senate Bill No. 236. A bill to establish an unemployment compensation division of the Department ofLabor, and for other purposes.
The consent was granted, the bill read a second time and recommitted.

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JouRNAL OF THE SENATE,

Senator Harrison of the "17th District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have 100 copies of Senate Bill No. 221 printed for the use of the members of the Senate. The consent was granted.

By Senator Knabb of the 4th DistrictSenate Bill No. 210.

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 3, Section 7, of the Constitution of said State, by adding thereto an additional paragraph numbered 26, which shall authorize the General Assembly to grant to the governing authorities of the County of Glynn authority to pass zoning laws, or planning laws, whereby the county may be zoned or districted for various uses, and other or different uses prohibited therein, and regulating the plans for development and improvement of real estate therein, and to authorize taxation therefor, and shall ratify any such authority heretofore undertaken to be granted by the General Assembly to any such county, and acts done pursuant thereto.

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 3, Section 7, of the Constitution of Georgia be amended by adding thereto the following paragraph, to-wit: "Paragraph 26. The General Assembly of the State shall have authority to pass zoning and planning laws whereby such county may be zoned or districted for various uses and other and different uses prohibited therein, to regulate the uses for which said zones or districts may be set apart, and to regulate the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize

TuESDAY, MARCH 16, 1937.

1775

such county to pass zoning and planning laws, and to levy and collect a tax therefor; and as the date of the ratification hereof Acts of the General Assembly heretofore passed, undertaking to grant such authority to such county, and Acts of the county authorities regulatly done pursuant to such Acts of the General Assembly are hereby ratified and confirmed."

Section 2. Be it further enacted by the authority aforesaid that when said amendment shall be. agreed to by a twothirds 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 of the State for two months prior to 'the time for holding the next generalelection, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of Amendment to Article 3, Section 7, of the Constitution of Georgia, by adding Paragraph 26 thereto and authorizing the legislature to grant to the governing authorities of the County of Glynn authority to pass zoning and planning laws, and ratifying the acts of the legislature heretofore passed, undertaking to grant such authority to such county and acts done pursuant thereto" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against the ratification of Amendment to Article 3, Section 7, of the Constitution
of Georgia, by adding Paragraph 26 thereto and authoriz-
ing the legislature to grant to the governing authorities of the County of Glynn authority to pass zoning and planning laws, and ratifying the acts of the legislature heretofore passed, undertaking to grant such authority to such county and acts done pursuant thereto." And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, sh.all vote for the

1776

JouRNAL oF THE SENATE,

ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 3, Section 7, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage o( the bill, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Thos~ voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt
Forrester Fowler Greer

Griner Hardman Harrell Harrison Holmes Jackson Johnson Jones Kimbrough
Knabb Lindsay McCutchen McKenzie Millican

Moye Phillips Pope Pruett Purdom Sammon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 43, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.

Not voting were: Senators Hampton of the 41st DiStrict, Horne of the lOth District, Neely of the 36th District, Patten of the 6th District, Peebles of the 18th District, Peterson of the 15th District, and Shannon of the 21st District.

TuESDAY, MARCH 16, 1937.

1777

Senator Pope of the 7th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal (}overnmen t.

By Senator Pope of the 7th District-
Senate Bill No. 234. A bill to amend the charter of the City of Thomasville, and for other purposes.
The consent was granted; the bill read a second time and recommitted to the Committee on Municipal Government.

By Senator Shedd of the 3rd District-
Senate Bill No. 169. A bill to be entitled an Act providing that any dairyman or milk dealer may register the brand used on bottles with the Ordinary of any county, and for other purposes.
The. report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Hardman of the 33rd District asked unanimous consent that Senate Bill No. 169 be immediately transmitted to the House and the consent was granted.

By Mr. Clark of Catoosa-
House Bill No. 464. A bill to amend the Highway Mileage Act by adding a road in Catoosa County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1778

JouRNAL oF THE SENATE,

On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hodges of Liberty-
House Bill No. 473. A bill to amend the Highway Mileage Act by adding a road in Bryan, Liberty, Long, and Tattnall Counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes wete 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Wilson of Murray-
House Bill No. 500. A bill to amend the Highway Mileage Act by adding a road in Murray County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Fitts of Madison and Adams of Franklin-
House Bill No. 501. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.

TuESDAY, MARCH 16, 1937.

1779

The bill having received the requisite constitutional majority was passed.

By Mr. Adams of Franklin-
House Bill No. 528.' A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the b~ll, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Sapp of Coffee, Corbett of Atkinson, Rawlins of Ben Hill, and Harrell of Oglethorpe-
House Bill No. 534. A bill to amend an Act entitled Highway Mileage by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Brewton of Evans and Hodges of Liberty-
House Bill No. 540. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

1780

'JouRNAL OF THE SENATE,

By Mr. Gross of Stephens-
House Bill No. 550. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage ofthe bill) the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Drake of Seminole-
House Bill No. 556. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Drake of Seminole and Bridges of Early-
House Bill No. 557. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

TUESDAY, MARCH 16, 1937.

1781

By Messrs. Parker and Barlow of Colquitt, and others-
House Bill No. 558. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0. -
The bill having received the requisite constitutional majority was passed.

By Mr. Adams of Franklin-
House Bill No. 585. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requ'isite constitutional majority was passed.

By Messrs. Manry of Calhoun and Carmichael of Randolph-
House Bill No. 627. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

1782

JoURNAL OF THE SENATE,

By Mr. Thomas of Chattooga-
House Bill No. 629. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Thomas of Chattooga-
House Bill No. 630. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 645. A. bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

TuESDAY, MARCH 16, 1937.

1783

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 646. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Hill of Screven, Guyton of Effingham, and Jones of Jenkins-
House Bill No. 653. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harden of Turner-
House Bill No. 669. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to .the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

1784

JouRNAL OF THE SENATE,

By Mr. Moore of Lumpkin-
House Bill No. 715. A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Lumpkin County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bills of the House were read the first time and referred to the committees:

By Messrs. Pound of Hancock, Musgrove of Clinch, and McCracken of Jefferson-
House Bill No. 321. A bill to provide for the levy of an additional special tax to be known as a maintenance tax in addition to any and all other taxes now required under existing laws to be paid by owners of motor-busses, trucks, and trailers operating over public roads, and for other purposes.
Referred to Committee on Motor Vehicles.

By Messrs. Cochran of Thomas and Bargeron of Burke-
House Bill No. 332. A bill to provide for the conservation and profitable use of agricultural land resources in the State, and for other purposes.
Referred to Committee on Agriculture.

By Mr. Hand of Mitchell-
House Bill No. 602. A bill to fix the bond of the Sheriff of Mitchell County, and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, MARCH 16, 1937.

1785

By Messrs. Candler, Sams, and Turner of DeKalb-
House Bill No. 607. A bill to provide for the licensing of dance halls, swimming pools, amusement parks~ etc., outside the limits of incorporated towns or cities of certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 679. A bill to amend an Act to change from the fee system to the salary' system in certain counties the Clerk of the Superior Court, Sheriff, Ordinary, Tax Collector, Tax Receiver, and Treasurer, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Deal and Preston of Bulloch-

Hause Bill No. 737. A bill to abolish the offices of

Tax Receiver and Tax Collector of Bulloch County and

to create the office of Bulloch County Tax Commissioner,

and for other purposes.



Referred to Committee on Counties and County Matters.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 738. A bill to amend an Act creating the City Court of Statesboro, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 739. A bill to amend an Act providing for the creation of a Board of County Commissioners for Bulloch County, and for other purposes.
Referred to Committee on Counties and County Matters.

1786

JouRNAL oF THE SENATE,

By Mr. Gammage of Terrell-
House Bill No. 741. A bill to change the time of holding Superior Court of Terrell County from the third Mondays in May and November to the first Mondays in June and December, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 746. A blll to amend an Act establishing a Municipal Court for Ci'ty of Macon, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Scruggs of Washington-
House Bill No. 751. A bill to repeal an Act establishing a council for Washington County, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Scruggs and Dukes of Washington-
House Bill No. 752. A bill to establish a County Council for Washington County; to provide for councilmanic districts; and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Jones and Smith of Dodge-
House Bill No. 755. A bill to amend an Act abolishing the office of Treasurer of Dodge County; to provide that the Ordinary shall perform the duties of the County Treasurer; and for other purposes.

Referred to Committee on Counties and County Matters. By Mr. Whipple of Bleckley-
House Bill No. 762. A bill to provide for the holding

TuESDAY, MARCH 16, 1937.

1787

of three terms of the Superior Court of Bleckley County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Ansley of Lee-
House Bill No. 764. A bill to amend an Act amending the charter of the Town of Smithville, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 769. A bill to amend an Act establishing a new charter for the City of Atlanta; to provide for pension of Mrs. W. H. Cook; and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 771. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Weaver, Horne, and Freeman of Bibb-
House Bill No. 772. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 773. A bill to create the office of Assistant Solicitor General of the Macon Judicial Circuit, and for other purposes.
Referred to Committee on Uniform Laws.

1788

JouRNAL oF THE SENATE,

By Mr. Gross of Stephens-
House Bill No. 776. A bill to amend an Act establishing the City Court of Stephens County, and for other purposes.
Referred to Committee on Counties and County Matters.

The following privilege resolutions were read and adopted:

By Senators Holmes of the 22nd District and Aultman of the 23rd District-
A resolution extending the privileges of the floor to Hon. W. 0. Cooper, a prominent attorney of Macon, Georgia, and a former member of the Senate.

By Senator Holmes of the 22nd District-
A resolution extending the privileges of the floor to Messrs. J. W. Pierson, R. H. Pierson, W. T. Holmes, J. E. Abercrombie, Mrs. R. H. Pierson, Mrs. J. G. Holmes, Mrs. W. T. Holmes, Mrs. A. J. Johnson, Mrs. R. H. H,olmes, and Mrs. Elizabeth Holmes, prominent citizens of Monroe County.

By Senators McCutchen of the 43rd District and Terrell of the 19th District-
A resolution designating Hon. Walter Harrison, Senator from the 17th District, as the official Fire Chief of the State Senate.

By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Hon. Fred Scott, Chief of Governor's Staff and former member of the Senate.

By Senator Burgin of the 24th DistrictA resolution extending the privileges of the floor to

TuESDAY, MARCH 16, 1937.

1789

Hon. Sam D. Snellings, prominent citizen of Muscogee County.

By Senator Holmes of the 22nd District-
A resolution extending the privileges of the floor to Hon. George W. Newton, distinguished citizen of Monroe County.

By Senator Burgin' of the 24th District-
A resolution extending the privileges of the floor to Hon. Bentley H. Chappell of Columbus, Georgia.

By Senator Johnson of the 42nd District-
A resolution extending the privileges of the floor to Hon. Bob Styles and Hon. Joe Nelson of Cartersville, Georgia.

By Senator Burgin of the 24th District-
A resolution requesting Hon. Elbert Forrester, Senator from the 44th District, to render a violin number to the Senate at earliest convenience, to be accompanied vocally by Senator Atkinson, the Kingfish from the 1st District.

Senator Atkinson of the 1st District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 9:30 o'clock, A.M.

1790

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, MARCH 17, 1937.
The Senate met, pursuant to adjournment, at 9:30 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
Senator Atkinson of the 1st District moved that the Senate reconsider its action in defeating Senate Bill No. 122 on yesterday and the motion prevailed.
The Journal was confirmed.
Senator Atkinson of the 1st District asked unanimous consent that the following bills of the Senate and House be withdrawn from the committees, read a second time, and recommitted to their respective committees:
By Senators Lindsay of the 34th District, Purdom of the 46th District, Spivey of the 16th District, and Atkinson of the 1st District-

WEDNESDAY, MARCH 17, 1937.

1791

Senate Bill No: 248. A hill to provide that the Speaker of the House of Representatives and the President of the Senate shall be ex-officio members of all Departments, etc., of the State Government of which the Governor is an exofficio member, during their terms of office, and for other purposes.
Referred to Committee on State of the Republic.

By Senators Atkinson of the 1st District, Lindsay of the 34th District, Purdom of the 46th District, and Spivey of the 16th District-
Senate Bill No. 249. A hill to establish the Georgia Radio Commission, and for other purposes.
Referred to Committee on State of the Republic.

By Senator Lindsay of the 34th District-
Senate Bill No. 250. A hill to amend Chapter 40-18 of the 1933 Code, so as to empower the State Auditor to issue summons, administer oaths, to examine witnesses, and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Grayson, Cohen, and McNall of Chatham-
House Bill No. 641. A hill to amend the charter of the Mayor and Aldermen of the City of Savannah, and the several Acts amendatory thereof and relating and supplementary thereto, and for other purposes.
Referred to Committee on Municipal Government.
The consent was granted~ the above hills of the House and Senate read a second time and recommitted to the respective committees.

Senator Millican of the 35th District asked unanimous consent that the following hills of the House he withdrawn

1792

JouRNAL oF THE SENATE,

from their respective committees, read a second time, and recommitted:

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 697. A bill to amend the charter of the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Hastings and KeQdrick and Mrs. Mankin of Fulton-
House Bill No. 704. A bill to authorize counties having a population of over 200,000 to create a County Board of Welfare, and for other purposes.
Referred to Committee on Public Welfare.
The consent was granted, the bill read a second time and recommitted to the respective committees.
Senator Shedd of the 3rd District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters, read a second time, and recommitted:

By Mr. Swindle of Berrien-
House Bill No. 714. A bill to reduce the bond of the Sheriff of Berrien County, and for other purposes.
The consent was granted, the bill read a second time, and recommitted.

Senator Sammon of the 51st District asked unammous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters, read a second time, and recommitted:

WEDNESDAY, MARCH 17, 1937.

1793

By Messrs. Allison and Tapp of Gwinnett-

House Bill No. 731. A bill to establish the Citv Court of

Gwinnett County, and for other purposes.

'

The consent was granted, the bill read a second time, and recommitted.

Senator Pope of the 7th District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Municipal Government, read second time, and recommitted to the committee:

By Senator Pope of the 7th District-
Senate Bill No. 245. A bill to amend the charter of the City of Cairo, and for other purposes.

By Senator Pope of the .7th District-
Senate Bill No. 246. A bill to amend the charter of the City of Cairo, and for other purposes.
The consent was granted, the bills read a second time, and recommitted to the committee.

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

By Senator Harrison of the 17th District-
S~nate Bill No. 251. A bill to amend Section 5-1001 of the 1933 Code relating to fertilizer inspectors; by providing for fifty fertilizer inspectors appointed by the Commissioner of Agriculture; and for other purposes.
Referred to Committee on Agriculture.

By Senator Allen of the 31st District-
Senate Bill No. 252. A bill to amend Section 113-1706 of the 1933 Code relating to petition to sell land; notice, order,

1794.

JouRNAL oF THE SENATE,

etc., in the administration of estates; and for other purposes. Referred to Committee on Special Judiciary.

By Senator Lindsay of the 34th District-
Senate Bill No. 253. A bill to amend Section 15 of the 1929 Laws, known as Act No. 422, by prohibiting the shipping of milk or milk products into Georgia unless such milk or milk products are produced under sanitary conditions; to authorize a tax on milk and cream brokers and dairy manufacturing plants; and for other purposes.
Referred to Committee on Agriculture.

By Senator Spivey of the 16th District-
Senate Bill No. 254. A bill to submit to the voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the State Constitution so as to authorize the City of Swainsboro to issue refunding bonds; to make temporary loans; and for other purposes.
Referred to Committee on Counties and County Matters.

Senator Neely of the 36th District, Chairman of the Committee on Temperance, submitted the following report:

Mr. President:
Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 723.
Respectfully submitted,
NEELY, Chairman.

Senator Pope of the 7th District, Chairman of the Com-

WEDNESDAY, MARCH 17, 1937.

1795

mittee on Amendments to the Constitution, submitted the following report:

Mr. President.
Your Committee on Amendments to the Constitution has had under consideration the following bill and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 235.
Senate Resolution No. 86.
House Resolution No. 28-151-A.
Respectfully submitted, PoPE, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 239.
Respectfully submitted, jACKSON, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President: Your Committee on Finance has had under consideration

1796

JouRNAL oF THE SENATE,

the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 168.
Respectfully submitted,
ENNIS, Chairman.

Senator Harrison of the 17th Disti ict, Chairman of the Committee on Public Welfare, submitted the following report:

Mr. President:
Your Committee on Public Welfare has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 205.
Respectfully submitted,
HARRISON, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 234.
House Bill No. 670.

WEDNESDAY, MARCH 17, Hl:~7.

1797

House Bill No. 660. House Bill No. 688. House Bill No. 657. House Bill No. 573.

Respectfully submitted, PEEBLES, Chairman.

Senator Ennis c.f the 20th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President: Your Committee on Finance has had under consideration
the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
Hc.use Bill No. 107.
Respectfully submitted,
ENNis, Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture has had under consideration the following bill of the House and has instructed me, as chairman, to report the s~me back to the Senate with the recommendation that the same do pass:

House Bill No. 86.

Respectfully submitted, PuRDOM, Chairman.

1798

JouRNAL oF THE SENATE,

Senator Griner of the 45th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic has had under consideration the following bill of the Senate and has instructed me,aschairman, to report the same back to the Senate with the recommendation t.hat the same do pass:
Senate Bill No. 244.
Respectfully submitted,
GRINER, Chairman.

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 71.
Respectfully submitted,
CHASON, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bills of the House and has

WEDNESDAY, MARCH 17, 1937.

1799

instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 14 do pas~. House Bill No. 32 do pass, as amended. House Bill No. 27 do pass, as amended.
Respectfully submitted, PHILLIPS, Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
Your Committee on Penitentiary has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 228.
Respectfully submitted,
PuRDOM, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
I;Iouse Bill No. 654-A do pass.
House Bill No. 706 do pass.

1800

JouRNAL or THE SENA1E

House Bill No. 638 do pass. House Bill No. 710 do pass. House Bill No. 686 do pass. House Bill No. 687 do pass. House Bill No. 481 do pass, by substitute. House Bill No. 539 do pass. Senate Bill No. 231 do pass. Senate Bill No. 233 do pass. House Bill No. 663 do pass. House Bill No. 662 do pass.

Respectfully submitted, JACKSON, Chairman.

Senator Hardman of the 33rd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President: Your Committee on Industrial Relations has had under
consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 236.
Senate Bill No. 237.
Senate Bill No. 238.
Respectfully submitted,
HARDMAN, Chairman.

WEDNESDAY, MARCH 17, 1937.

1801

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, ta-wit:

By Mr. Almand of Walton-
House Bill No. 147. A bill to amend an Act to simplify the operations of the executive branch of the State Govern- ment, and for other purposes.
By Mr. Newton of Toombs-
Hause Resolution No. 199-675b. A resolution to release Mrs. M. F. Brice of Toombs County, Georgia, and Alex P. Smith of Telfair County, Georgia, from payment of a bond forfeiture.

By Messrs. Horne and Weaver of Bibb-
House Bill No. 172. A bill to amend Title 27-2703 of the Code to provide for the appointment of probation officers and assistants by judges of constitutional city courts in counties wherein such courts exist, and for other purposes.

By Messrs. Kendrick of Fulton, Lanier of Richmond, and Leonard of Muscogee--
House Bill No. 185. A bill to establish an un~mployment compensation division in the State Department of Labor, and to provide for cooperation of the Federal Government, and for other purposes.

By Mr. Durden of Dougherty-
House Bill No. 235. A bill to amend Section 2 of Article 6 of the Constitution of Georgia by substituting a new para-

1802

JouRNAL or THE SENATE,

graph 1, as to disqualified judges on the Supreme Court, and for other purposes.

By Messrs. Almand of Walton and Perry of Worth-
House Bill No. 250. A bill to be entitled an Act to provide for the chartering of non-profit corporations to be organized for the purpose of furnishing Group Hospitalization, and for other purposes.

By Mr. Carmichael of Cobb-
House Bill No. 295. A bill to be entitled an Act to repeal an Act to repeal part 3, Cigars and Cigarettes, Chapter 9222 of the 1933 Code, and for other purposes.

By Messrs. Candler, Turner, and Sams of DeKalb-
House Bill No. 551. A bill to be entitled an Act to amend an Act of the General Assembly of Georgia providing for the appointment of special criminal bailiffs in counties having a population of twenty thousand or more as amended by the General Assembly of 1929, providing for the salary of said special bailiffs in counties having a population of not less than seventy thousand and not more than ninety thousand, etc., and for other purposes.

By Messrs. Joel and Hill of Clarke-
House Bill No. 571. A bill to proyide for the fixing of the compensation of the official court reporter of the Superior Courts of the Western Circuit of Georgia, and for other purposes.

By Mr. Herndon of Hart-
House Bill No. 681. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid S) stem, and for other purposes.

WEDNESDAY, MARCH 17, 1937.

1803

By Messrs. Campbell of Newton, Key of Jasper, and Batchelor of Putnam-
House Bill No. 719. A hill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Messrs. Tate of Pickens, Wil~on of Murray, and Ellington of Gilmer-
House Bill No. 745. A hill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

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 hills of the House, to-wit:

By Mr. DeFoor of Mcintosh-
House Bill No. 438. A hill to he entitled an Act to amend Section 17 of the Act approved Aug. 8, 1924 (Ga. Laws 1924), relating to game and fish, and creating a State Commissioner, a Tidewater Commissioner, Wardens, etc., by imposing a tax on crabs or prawn, and for other purposes.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 613. A hill to he enti tied an Act to amend Code Section 36-1001, of Code of Ga. of 1933, to permit condemnation of private property for public roads to a width of
I/ 200 feet at the base, and for other purposes.
By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 708. A hill to he entitled an Act to require

1804

JouRNAL oF THE SENATE,

coroners in counties of not less than 75,000, to select as one of the jurors for every inquest a competent stenographer, and to provide for compensation, and for other purposes.
By Messrs. Dukes and Scruggs of Washington and McCracken of Jefferson-_
House Bill No. 724. A bill to be entitled an Act to amend an Act entitled Highway Mileage so as to add a certain road to the System of State Aid Roads, and for other purposes.
By Messrs. Hill and Joel of Clarke-
House Bill No. 137. A bill to be entitled an Act empowering the Board of Regents of the University System of Georgia to invest trust funds in real estate and in improvements or buildings thereon; repealing all laws in conflict; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 14. A bill to increase the mileage of the State Aid System of Roads, and for other purposes.
By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 27. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
By Messrs. Simmons and Kirbo of DecaturHouse Bill No. 32. A bill to amend the Highway Mileage
Act by adding a road to the State Aid System, and for other purposes.

WEDNESDAY, MARCH 17, 1937.

1805

By Mr. McNall of Chatham-
House Bill No. 71. A bill to protect the Public Health by providing rules and regulations for the sale of mattresses, and for other purposes.

By Mr. Edwards of Thomas-
House Bill No. 86. A bill making it unlawful for any person to sell or trade certain animals in this State without giving and receiving a bill of sale, and for other purposes.

By Messrs. Harris and Lanier of Richmond-
House Bill No. 107. A bill to license chain stores and chain moving picture theaters, and for other purposes.

By Mr. Herrin of Echols-
Hause Bill No. 481. A bill to require the Commissioners of Roads and Revenues of Echols County to give bond; to prohibit the Ordinary from administering oath of office to such officers before such bonds are given; and for other purposes.

By Mr. Herrin of Echols-

Hause Bill No. 539. A bill to repeal the Act of March 15,

1935, requiring Commissioners of Roads and Revenues of

Echols County and members of the County School Board to

give bonds providing the amounts to be required, and for

other purposes.

-

By Mr. Lewis of Burke-
Reuse Bill No. 573. A bill to amend the Act incorporating the Town of Midville, and for other purposes.

By Mr. Taunton of Taylor-
House Bill No. 638. A bill to reduce the official bond of the Sheriff of Taylor County, and for other purposes.

1806

JouRNAL oF THE SENATE,

By Mr. McCracken of JeffersonHouse Bill No. 654-A. A bill to reduce the bond of the
Sheriff of Jefferson County, and for other purposes.
By Messrs. Freeman, Weaver, and Horne of BibbHouse Bill No. 657. A bill to amend an Act establishing
a charter for the City of Macon, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 660. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.

By Mr. Rawlins of Ben Hill-
House Bill No. 662. A bill to repeal an Act amending the Act creating the office of Commissioners of Roads and Revenues of Ben Hill County, and for other purposes.
By Mr. Rawlins of Ben Hill-
House Bill No. 663. A bill to reduce the bond of the Sheriff of Ben Hill County, and for other purposes.

By Messrs. Smith and Jones of Dodge-
House Bill No. 686. A bill to regulate the holding of ~
primary elections in Dodge County, by all political parties, and for other purposes.

By Mr. Daughtry of Wilkinson-
House Bill No. 670. A bill to amend an Act incorporating the town of Mcintyre, so as to change the town limits of said town, and for other purposes.

By Messrs. Jones and Smith of DodgeHouse Bill No. 687. A bill to regulate the holding of pri-

WEDNESDAY, MARCH 17, 1937.

1807

mary elections by all political parties of Dodge County, and for other purposes.

By Messrs. Keel, Davis, and Lanham of Floyd-
House Bill No. 688. A bill to amend an Act creating a new charter and Municipal Government for the City of Rome, and for other purposes.

By Mrs. Coxon of Long-
House Bill No. 706. A bill to reduce the bond of the Sheriff of Long County, and for other purposes.

By Mr. Warnell of Bryan-
House Bill No. 710. A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Bryan County, and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Pound of Hancock-
House Resolution No. 28. A resolution proposing for ratification or rejection an amendment to Article 7, Section 6, Paragraph 2, of the Constitution, giving the right to any county to levy a tax for the purpose of paying county agricultural and home demonstration agent, and for other purposes.

The following resolution of the Senate, favorably reported

by the committee, was read the second time:

-

By Senator McKenzie of the 48th District-
Senate Resolution No. 86. A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 2a, of the State Constitution, providing

1808

JouRNAL oF THE SENATE,

for the exemption of manufacturing plants that manufacture any farm product produced in Georgia, and for other purposes.

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

By Senators Spivey of the 16th District, Pope of the 7th District, Phillips of the 29th District and Harrison of the 17th District-
Senate Bill No. 228. A bill to provide for the establishment and maintenance of equipment for the manufacture of highway signs, and for other purposes.

By Senator Jones of the 38th District-
Senate Bill No. 231. A bill to provide for the change of county lines lying within the limits of incorporate towns and cities, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 233. A bill to provide for county primaries in DeKalb County for the purpose of nominating county officers, and for other purposes.

By Senator Pope of the 7th District-
Senate Bill No. 234. A bill to amend the charter of the City of Thomasville, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 235. A bill to amend Artide 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City of Atlanta to issue refunding bonds; to borrow money; to issue debt certificates; and for other purposes.
By Senators Spivey of the 16th District and Atkinson of the 1st District-

WEDNESDAY, MARCH 17, 1937.

1809

Senate Bill No. 237. A bill to amend Section 54-301 of the Code of 1933 so as to raise the age limit of child labor to 18 years, and for other purposes.

By Senators Spivey of the 16th District and Atkinson of the 1st District-
Senate Bill No. 238. A bill to amend Code Section 114107 in reference to Workmen's Compensation Awards, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 239. A bill to amend Section 85-1312 of the Code of 1933 relating to "Franchise when exclusive, so that municipal corporations shall have the right to grant , exclusive franchise of any character under this authority in certain cities, and for other purposes.
By Senators Harrison of the 17th District, Jackson of the 14th District, and Phillips of the 29th District-
Senate Bill No. 244. A bill to amend Section 36-202, Title 36, Chapter 2, of the Code of 1935, to provide the right of eminent domain for the purpose of running pipe lines for the transportation and distribution of petroleum products, and for other purposes.
The following bill of the House, having been reconsidered on yesterday, was taken up for consideration:

By Mr. Gross of Stephens-
House Bill No. 667. A bill to create a Board of Commissioners of Roads and Revenues in the County of Stephens, and for other purposes.
Senator Allen of the 31st District offered the following amendment to House Bill No. 667:

1810

JouRNAL OF THE SENATE,

To amend by adding at the end of Section No. 3 the following:

"Provided however that nothing in this section or in this Act shall be construed to affect the rights of any parties now in litigation as respecting the office of County Commiss10ner."

The amendment was adopted.

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

On the passage of the bill, as amended, the ayes were 36, the nays 0.

The bill having received the requisite constitutional ma-

jority was passed, as amended.



By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 553. A bill to provide for Civil Service for teachers and employees of the public school systems of all counties having a population in excess of 200,000, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Harrison of the 17th District asked unanimous consent that the duplicate copy of Senate Bill No. 161, which was filed with the Secretary at the time of introduction of the bill, be established as the original copy of said bill. The consent was granted.

WEDNESDAY, MARCH 17, 1937.

1811

The following resolutions of the Senate were read and adopted:

By Senator Shedd of the 3rd District-
Senate Resolution No. 92. A resolution urging the Georgia delegation in Congress to support the President of the United States' Judicial Bill providing for the reorganization of the Federal Judiciary.

By Senators Spivey of the 16th District, Atkinson of the 1st District, and Purdom of the 46th District-
Senate Resolution No. 90. A resolution providing that the Governor be authorized to appoint a committee of fifty outstanding citizens of the State to formulate plans for Georgia's participation in the New York World's Fair of 1939, and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:

By Messrs. Carmichael of Cobb and Freeman of Bibb-
House Bill No. 723. A bill to amend an Act approved March 23, 1935; to legalize the making and manufacturing and selling of domestic and foreign wines; to license dealers in wine; to provide a tax on all wines manufactured or sold; and for other purposes.
The committee offered the following amendments to House Bill No. 723:

Section 1. By striking from paragraph (a) of Section 3, the following words: "On domestic wine a tax of 10 cents per gallon," and inserting in lieu thereof the following: "On domestic wines having an alcoholic strength of not more than 14 per cent alcohol by volume 20 cents per gallon."

1812

JouRNAL OF THE SENATE,

Section 2. By striking from the last two lines of said paragraph (a) of Section 3, the following words "and containing not more than 16 per cent alcohol by volume."

Section 3. By striking from the first line of paragraph (b) of Section 3 the words: "On foreign wines a tax of 60 cents per gallon," and inserting in lieu thereof the following: "On foreign wines having an alcoholic strength of not more than 14 per cent alcohol by volume 40 cents per gallon."

Section 4. By striking from the last two lines of said paragraph (b) of Section 3, the following words "and containing not more than 16 per cent alcohol by volume."

Section 5. By adding the following paragraph to Section 3, to be known as paragraph (c), to-wit:
(c) On all wines, whether foreign or domestic, having an alcoholic strength of more than 14 per cent by volume 60 cents per gallon; provided that no wine may be sold under this Act with alcoholic strength of more than 21 per cent by volume.

Section 6. Senator Millican of the 35th District amends House Bill No. 723, Section 6, by adding at end of first paragraph the following: "The tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper."

Section 7. The Committee of the Senate on Temperance further amends House Bill No. 723, by adding the following paragraph to Section 7, to-wit:
Section 7, shall be amended by adding thereto: "(k) State Revenue Commission is authorized to make such reasonable rules and regulations as will permit bona fide wineries to make or import wines, the sale of which is not prohibited herein, for storage or holding, without the payment of tax thereon, until such wines are bottled or other-

WEDNESDAY, MARCH 17, 1937.

1813

wise placed in container for sale, upon the giving of a bond un.de.r co,,nditions and in an amount prescribed by said com-
miSSIOn.
The above amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 33, the nays 1.
The bill having received the requisit'e constitutional majority was passed, as amended.

Senator Ennis of the 20th District asked unanimous consent that the Secretary be authorized and instructed to have 100 copies of the committee substitute for House Bill No. 107 printed for the use of the members of the Senate.
The consent was granted.

Senator Patten of the 6th District moved that the following bill of the Senate be taken from the table:

By Senator Patten of the 6th District-
Senate Bill No. 175. A bill to amend Section 92-7601 of the Code of 1933, so as to provide for the accrual and collection of certain penalties in the event executions issued for taxes shall not, on or before certain dates, be paid and satisfied by the persons against whom the same were issued, and for other purposes.
The motion prevailed, and the bill was taken from the table.

By Senator Lindsay of the 34th District-
Senate Bill No. 194. A bill to amend Section 46-101 of the 1933 Code providing that no summons of garnishment

1814

JouRNAL OF THE SENATE,

shall issue on a pending suit unless the affidavit for garnishment recites th.at the money or property to be garnished are not wages of the defendant, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Brock of the 37th District-
Senate Bill No. 227. A bill to amend Section 24-4108 of the 1933 Code relating to the payment of salaries of the Deputy Clerk of the Supreme 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Lindsay of the 34th District-
Senate Bill No. 232. A bill to amend an Act defining and regulating the practice of law and prohibiting corporations and persons other than duly licensed attorneys at law from practicing law or performing legal services, and for other purposes.

Senator Lindsay of the 34th District offered the following substitute for Senate Bill No. 232:

A BILL
To be entitled an Act to amel)d an Act approved August 7th, 1931, defining and regulating the practice of law and prohibiting corporations and persons other than duly

WEDNESDAY, MARCH 17, 1937.

1815

licensed attorneys at law from practicing law or performing legal services and prescribing penalties therefor, 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 same, that from and after the passage of this Act, Section 2 of said Act approved August 7th, 1931, be and the same is hereby amended by adding at the end of the first proviso, the following words, to-wit: But in preparing and filing affidavits upon which the following summary proceedings are based, ta-wit, dispossessory warrants, distress warrants and attachments, and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney at law, so that said section, as amended, shall read as follows:
The practice of law in this State is defined as representing litigants in court and the preparation of pleadings and other papers incident to any action or special proceedings in any court or other judicial body; conveyancing; the preparation of legal instruments of all kinds whereby a legal right is secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; and any action taken for others in any matter connected with the law. Provided, however, that nothing herein contained shall prevent any corporation, voluntary association, or individual from doing any act or acts hereinabove set out to which said persons are a party, but in preparing and filing affidavits upon which the following summary proceedings are based, ta-wit, dispossessory warrants, distress warrants and attachments, and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney at law. Nor shall any bank be prohibited from giving any advice to its customers in matters incidental to banks or banking. Nor shall any person, firm, or corporation be prohibited

1816

JouRNAL oF THE SENATE,

from drawing any legal instrument for another person, firm or corporation, providing it is done without fee and solely at the solicitation and request and under the direction of the person, firm, or corporation desiring to execute such instrument. Provided, that a tide-insurance company may prepare such papers as it thinks proper, or necessary, in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure such title, where no charge is made by it for such papers.

Section 2. Be it furthet enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to; by substitute.
On the passage of the bill, by substitute, the ayes were 29, the nays 10.
The bill having received the requisite constitutional majority was passed, by substitute.

Senator Johnson of the 42nd District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Agriculture, read a second time, and recommitted to the committee:

By Messrs. Cochran of Thomas and Bargeron of Burke-
House Bill No. 332. A bill to provide for the conservation and profitable use of agricultural land resources in the State, and for other purposes.
The consent was granted, the bill read a second time, and recommitted.
The following resolution of the Senate was read and adopted:

WEDNESDAY, MARCH 17, 1937.

1817

By Senatqr Atkinson of the 1st District-
Senate Resolution No. 93. A resolution to investigate and make recommendations with reference to purchase of the Tattnall County Prison, and for other purposes.

Senator Millican of the 35th District asked unanimous consent that the Senate recess at 1:00 o'clock, P. M., until 2:00 o'clock, P. M., at which time it reconvene and remain in session until otherwise ordered by the Senate. The consent was granted.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Lindsay of the 34th District-
Senate Bill No. 143. A bill to provide for granting relief by injunction and decrees for specific performance with regard to certain contracts between employers and employees, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Jackson of the 14th District and Patten of the 6th District-
Senate Bill No. 212. A bill to provide for rules and regulations governing the use, lease and operation of school trucks and buses, and for other purposes.
Senator Harrell of the 12th District moved that Senate Bill No. 212 be tabled.

1818

JouRNAL OF THE SENATE,

On the motion by Senator Harrell, Senator Millican of the 35th District called for the ayes and nays and the call was sustained.
The roll was <:alled and the vote was as follows:

Those voting in the affirmative were Senators:

Atwood Burrell Forrester Griner Hampton Harrell

Harrison Jones Moye Neel.y Peterson Pruett

Shannon Sikes Terrell Walker Whitehead Williams

Those voting in the negative were Senators:

Allen Almand Atkinson Aultman Brock Burgin Chason Clements Fl.ynt

Greer Hardman Holmes Home Jackson Johnson Kimbrough Knabb McKenzie

Millican Patten Peebles Phillips Pope Sammon Shedd Sutton

Verification of the roll call was dispensed with.

The ayes were 18, the nays 26.

The motion to table was therefore lost.

Not voting were: Senators Ennis of the 20th District, Fowler of the 39th District, Lindsay of the 34th District, McCutchen of the 43rd District, Purdom of the 46th District, and Thrasher of the 27th District.

The repor,t of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Millican of the 35th District called for the ayes and nays and the call was sustained.

WEDNESDAY, MARCH 17, 1937.

1819

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Aultman Burgin Chason Clements Greer

Hardman Holmes Home Jackson Knabb McKenzie Millican

Patten Peebles Phillips Purdom Sammon Shedd Sutton

Those voting in the negative were Senators:

Atkinson Atwood Brock Burrell Firot Forrester Griner Hampton Harrell

Harrison Johnson Jones Kimbrough Lindsay Moye Neely Peterson Pope

Pruett Shannon Sikes Terrell Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 21, the nays 25.

The bill having failed to receive the requisite constitutional majority was lost.

Not voting were: Senators Ennis of the 20th District, Fowler of the 39th District, McCutchen of the 43rd District, and Thrasher of the 27th District.

Senator Harrell of the 12th District moved that the Senate do now recess until 2:00 o'clock, P. M., and the motion prevailed.
The President announced that the Senate stood recessed.
The hour of 2:00 o'clock, P.M., having arrived, the President called the Senate to order.

1820

JouRNAL oF THE SENATE:,

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

By Mr. Hill of Screven-
House Bill No. 129. A hill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

Senator Spivey of the 16th District offered the following amendment to House Bill No. 129:
To amend by substituting in lieu of Section 4 thereof the following:

"Section 4. That that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said hill appears in the Acts of the Georgia Legislature of 1929, pages 260-268, together with the map opposite page 268 of said Acts of 1929, he, and the same is hereby amended by adding to and placing on said map, as fully and completely as though drawn on said map, that certain road in Emanuel County, Georgia, beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of GraymontSummit, where said road connects with State-aid Road No. 23, said road being a distance of approximately fifteen miles, all of said road being located in Emanuel County, Georgia.
"Section 5. The addition of said map and the placing of said road on said map, creates no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for maintenance of said road nor shall the addition of said road to said map entitle the County of Emanuel to receive its pro rata part of the gasoline tax allocated to said county, unless and until the said road is formally designated as a State-aid road by the State Highway Board of Georgia by appropriate action as

WEDNESDAY, MARCH 17, 1937.

1821

now provided by law and the map showing the said road thereon be filed with the Secretary of State as provided.

"Section 6. 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 in Emanuel County, Georgia, beginning at a point on Federal.Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of Graymont-Summit, where said road connects with State-aid Road No. 23, said road being a distance of approximately fifteen miles, as a State-aid Road, and if and when said road is so designated by the State Highway Department of Georgia, the said road shall not be considered a part of the 500 miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

"Section 7. All laws and parts oflaws in conflict with this Act be and the same are hereby repealed.
To further amend said bill by inserting in the tenth line of the caption thereof, between the words "miles" and "to
provide" the following: "so as to add to said map a road in
Emanuel County, Georgia, beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of Graymont-Summit, where said road connects with State-aid Road No. 23, said road being a distance of approximately fifteen miles."
To further amend the caption of said bill by striking the word "road" in the tenth line of the caption, and inserting in lieu thereof the word "roads."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

1822

JouRNAL oF THE SENATE,

On the passage of the bill, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senator Allen of the 31st District-
Senate Bill No. 229. A bill to amend an Act establishing the City Court of Stephens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Horne, Freeman, and Weaver of Bibb-
House Bill No. 191. A bill to provide for a salary for coroners in counties of not less than 75,000 or more than 100,000 population according to the 1930 census, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 588. A bill to authorize Boards of County Commissioners to adopt building codes, provide electrical, plumbing and building inspection, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 17, 1937.

1823

On the passage of the hill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution of the Senate was read the first time and ordered to lie on the table for one day:

By Senators Brock of the 37th District and Jackson of the 14th District-
Senate Resolution No. 94. A resolution requesting the Board of Regents to establish a School of Dentistry, when the funds are available, and for other purposes.

By Senator Harrison of the 17th District-
Senate Bill No. 161. A hill to authorize the municipalities of Gecrgia to levy, assess and collect an occupation tax on business of Motor Common Carriers and on business of bus stations and terminals operated within municipalities, and for other purposes.

Senator Jones of the 38th District moved that Senate Bill No. 161 be tabled and the motion prevailed.

By Senator Ennis of the 20th District-
Senate Bill No. 166. A hill to provide that streets or parts of streets lying within corporate limits of municipalities of this State and forming a continuation of the State Aid System of Roads shall become a part of the State Aid System of Roads, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 40, the nays o.

1824

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

Senator Ennis of the 20th District asked unanimous consent that Senate Bill No. 166 be immediately transmitted to the House and the consent was granted.

By Senators Spivey of the 16th District, Atkinson of the 1st District, Allen of the 31st District, and Pope of the 7th District-
Senate Bill No. 221. A bill to create the office of Commissioner of Motor Vehicles, and for other purposes.

Senator Thrasher of the 27th District moved that further consideration of Senate Bill No. 221 be postponed until tomorrow morning.
The motion was lost.

Senator Flynt moved that the Senate reconsider its action in defeating the motion by Senator Thrasher.

On the motion to reconsider, Senator Flynt 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:

Burgin Flynt
Forrester Greer Harrison

Horne Johnson Jones Pruett Sammon

Shannon Shedd Terrell Thrasher Whitehead

Those voting in the negative were Senators:

Allen Almand Atkinson Atwood Aultman

Brock Burrell Chason Clements Ennis

Griner Hampton
Hardman Harrell Holmes

WEDNESDAY, MARCH 17, 1937.

1825

Jackson Kimbrough Knabb McKenzie Millican

Mo:ve Patten Peebles Phillips Pope

Purdom Sikes Sutton Walker Williams

Verification of the roll call was dispensed with.

The ayes were 15, the nays 30.

The motion was therefore lost.

Not voting were: Senators Fowler of the 39th District, Lindsay of the 34th District, McCutchen of the 43rd District, Neely of the 36th District, and Peterson of the 15th District.
Senator Millican of the 35th District offered the following amendment to Senate Bill No. 221:
To amend Section 6, line 10, by striking the words after the word "year" and all oflines 11, 12, 13 through the word "vehicles" on line 13.

The amendment was adopted.

Senator Hardman of the 33rd District offered the following amendment:
To amend Section 6, line 8, after the word "register" by adding the words "and partnership of."

The amendment was adopted.

Senator Lindsay of the 34th District offered the following amendment:
To amend by adding a new Section to be known as Section 7, and to read as follows:

"Section 7. This Act being purely optional as to its operation and if put into force the Governor shall provide full safeguards as to the records and moneys thus involved so that the records of the Motor Vehicle Department will not be impaired and all moneys accounted for."

1826

JouRNAL oF THE SENATE,

To amend further by renumbering the last section accordingly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 29, the nays 9.
The bill having received the requisite constitutional majority was passed, as amended.

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

By Messrs. Hill and Joel of Clarke-
House Bill No. 137. A bill empowering the Board of Regents of the University System of Georgia to invest trust funds in real estate and in improvements or buildings thereon, and for other purposes.
Referred to Committee on University System of Georgia.

By Mr. Almand of Walton-
House Bill No. 147. A bill to amend an Act to simplify the operations of the executive branch of the State Government, and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Horne and Weaver of Bibb-
House Bill No. 172. A bill to amend Title 27-2703 of the Code to provide for the appointment of probation officers and assistants by Judgesof Constitutional City Courts in certain counties, and for other purposes.
Referred to Committee on Special Judiciary.

WEDNESDAY, MARCH 17, 1937.

1827

By Messrs. Kendrick of Fulton, Laniel of Richmond, and Leonard of Muscogee-:-
House Bill No. 185. A bill to establish an unemployment compensation division in the State Department of Labor, and for other purposes.
Refer1ed to Committee on Industrial Relations.

By Mr. Durden of Dougherty-
House Bill No. 235. A bill to amend Section 2 of Article 6 of the Constitution of Georgia relative to disqualified Judges on the Supreme Court, and for other purposes.
Refened to Committee on Amendments to the Constitution.

By Messrs. Almond of Walton, Perry of Worth, Lanier of Richmond, and Zellner of Monroe-
House Bill No. 250. A bill to provide for the chartering of the non-profit corporations to be organized for the purpose of furnishing Group Hospitalization Service, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Mr. Carmichael of Cobb-
House Bill No. 295. A bill to repeal an Act to repeal part three, Cigars and Cigarettes, Chapter 92-22 of the 1933 Code, and for other purposes.
Referred to Committee on State of the Republic;

By Messrs. DeFoor of Mcintosh, Cohen of Chatham, and Claxton of"Camden-
House Bill No. 438. A bill to amend Section 17 of the Georgia Laws of 1924, relating to game and fish, and creating

1828

JouRNAL OF THE SENATE,

a State Commissioner, a Tidewater Commissioner, etc., by imposing a tax on crabs or prawn, and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Candler, Turner, and Sams of DeKalb-
House Bill No. 551. A bill to amend an Act of 1890-1, Page 223, providing for the appointment of special criminal bailiffs in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Joel and Hill of Clarke-
House Bill No. 571. A bill to provide for the fixing of compensation of the official court reporter of the Superior Courts of the Western Circuit, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Mavity of WalkerHouse Bill No. 623. A bill to amend the charter of the
City of Rossville, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Herndon of Hart-
House Bill No. 681. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Campbell of Newton, Key of Jasper, and Batchelor of Putnam-
House Bill No. 719. A bill toamend theHighway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

WEDNESDAY, MARCH 17, 1937.

1829

By Messrs. Tate of Pickens, Wilson of Murray, and Ellington of Gilmer-
House Bill No. 745. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Moore of Lumpkin and Dugas of White-
House Bill No. 774. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

The fo1lowing resolution of the House was read the first time and referred to the committee:

By Mr. Newton of Toombs-
Hause Resolution No. 199. A resolution to r.elease Mrs. M. F. Brice of Toombs County and Alex P. Smith of Telfair County from payment of a bond forfeiture, and for other purposes.
Referred to Committee on Counties and County Matters.

The fo1lowing privilege resolutions were read and adopted:

By Senators Almand of the 50th District, Whitehead of the 30th District, Hatdman of the 33rd District, and Thrasher of the 27th Di&trict-
A resolution extending the ptivileges of the floor to Hon. Abit Nix, distinguished Attorney of Athens, Ga.

By Senator Kimbrough of the 25th DistrictA resolution extending the privileges of the floor to Hon.
J. W. Woodruff, prominent citizen of Columbus, Ga.

1830

JouRNAL oF THE SENATE,

By Senator Burgin of the 24th District-
A resolution extending the privileges of the floor to Han.
Z. A. Brooks and Han. Robert J. Reilly of Columbus, Ga.

Senator Millican of the 35th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 9:00 o'clock, A. M.

THURSDAY, MARCH 18, 1937.

1831

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, MARCH 18, 1937.
The Senate met, pursuant to adjournment, at 9:00 o'dock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Lindsay of the 34th District reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Purdom of the 46th District asked unanimous consent that the following bills of the House be withdrawn from the committee, read a second time, and recommitted:
By Mr. Sapp of CoffeeHouse Bill No. 621. A bill to repeal an Act to create a
Board of Commissioners of Roads and Revenues of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Sapp of CoffeeHouse Bill No. 622. A bill to create the office of Commis-

1832

JouRNAL OF THE SENATE,

sioner of Roads and Revenues in the County of Coffee, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Oden of Pierce-
House Bill No. 777. A bill to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Oden of Pierce-
House Bill No. 778. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Pierce County, and for other purposes.
Referred to Committee on Counties and County Matters.

The consent was granted, the bills given a second reading, and recommitted.
Senator Hardman of the 33rd District asked unanimous consent that the following bill of the House be withdrawn from the committee, read a second time, and recommitted:

By Messrs. Kendrick of Fulton, Lanier of Richmond, and Leonard of Muscogee-
House Bill No. 185. A bill to establish an unemployment compensation in the State Department of Labor, and to provide for cooperation of the Federal Government, and for other purposes.
Referred to Committee on Industrial Relations.
The consent was granted, the bill read a second time, and recommitted to the committee.

THURSDAY, MARCH 18, 1937.

1833

Senator Lindsay of the 34th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read a second time, and recommitted:

By Senators Atkinson of the 1st District, Lindsay of the 34th District, Purdom of the 46th District, and Spivey of the 16th District-
Senate Bill No. 249. A bill to establish the Georgia Radio Commission, and for other purposes.
Referred to Committee on State of the Republic.
The consent was granted, the bill read a second time, and recommitted.
Senator Atkinson of the 1st District asked unanimous consent that the following bill of the House be withdrawn from the committee, read a second time, and recommitted:

By Mr. Carmichael of CobbHouse Bill No. 295. A bill to repeal an Act known as the
Cigar and Cigarette Tax Act, and for other purposes.
Referred to Committee on State of the Republic.
The consent was granted, the bill read a second time, and recommitted to the committee.
The following bills of the Senate were introduced, read the first time, and referred to the committees:

By Senator Atwood ot the 2nd ~istrict-
Senate Bill No. 255. A bill to amend an Act providing for confirmation of sales under foreclosure proceedings on real estate, and for other purposes.
Referred to Committee on Special Judiciary.

1834

JouRNAL OF THE SENATE,

By Senator Ennis of the 20th District-
Senate Bill No. 256. A bill to amend an Act providing a tax on fairs conducted by organizations designed solely to advance and promote farming and livestock, and for other purposes.
Referred to Committee on Finance.

By Senator Thrasher of the 27th District-
Senate Bill No. 257. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.
The following resolution of the Senate was introduced, read the first time, and referred to the committee:

By Senator Almand of the 50th District-
Senate Resolution No. 95. A resolution requesting the State Librarian to furnish certain books to the Superior Court of Clarke County, and for other purposes.
Referred to Committee on Public Library.
Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 733 do pass, as amended.
House Bill No. 748 do pass.

THURSDAY, MARCH 18, 1937.

1835

House Bill No. 752 do pass. House Bill No. 720 do pass. House Bill No. 707 do pass. House Bill No. 754 do pass. House Bill No. 758 do pass. House Bill No. 751 do pass. House Bill No. 772 do pass. House Bill No. 698 do pass. House Bill No. 771 do pass. House Bill No. 705 do pass. House Bill No. 674 do pass. House Bill No. 656 do pass. House Bill No. 716 do pass, as amended. House Bill No. 753 do pass. House Bill No. 728 do pass. House Bill No. 641 do pass, as amended. Senate Bill No. 245 do pass. Senate Bill No. 246 do pass.
Respectfully submitted, PEEBLES, Chairman.

Senator Harrison of the 17th District, Chaitman of the Committee on Public Welfare, submitted the following report:

Mr. President:
Your Committee on Public Welfare has had under consideration the following bill of the House and has instructed

1836

JouRNAL oF THE SENATE,

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 704. Respectfully submitted, HARRISON, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary has had under con-
sideration the following bills and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Resolution No. 52-308a do not pass.
House Bill No. 239 do pass. Senate Bill No. 240 do pass.
Respectfully submitted, ALLEN, Chairman.

Senator Aultman of the 23rd District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President: Your Committee on Game and Fish has had under con-
sideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 247. House Bill No. 438.
Respectfully submitted, AuLTMAN, Chairman.

THURSDAY, MARCH 18, 1937.

1837

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture has had under consideration the following hills of the Senate and House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that:
Senate Bill No. 20 do not pass.
Senate Bill No. 21 do pass, by substitute.
House Bill No. 332 do pass.

Respectfully submitted, PuRDOM, Chairman.

Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President: Your Committee on Uniform Laws has had under con-
sideration the following hills of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that:
House Bill No. 190 do not pass.
House Bill No. 773 do pass.
Respectfully submitted, BRocK, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of Republic, submitted the following report:

1838

JouRNAL OF THE SENATE,

Mr. President: Your Committee on State of Republic has had under con-
sideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 241. Senate Bill No. 242. Senate Bill No. 248.
Senate Bill No. 249. Senate Bill No. 250.
Respectfully submitted, GRINER, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the Senate and has instructed me, 'as chairman, to report the same back to the Senate with the recol!lmendation that the same do pass:
Senate Bill No. 254.
Respectfully submitted,
jACKSON, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary has had under con-

THURSDAY, MARCH 18, 1937.

1839

sideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 252.
Respectfully submitted,
ALLEN, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 721. House Bill No. 712. House Bill No. 755. House Bill No. 714. House Bill No. 739. House Bill No. 713. House Bill No. 738. House Bill No. 737. House Bill No. 747. House Bill No. 450. House Bill No. 679. House Bill No. 762. House Bill No. 607.

1840

JouRNAL oF THE SENATE,

House Bill No. 709. House Bill No. 741. House Bill No. 718. House Bill No. 602. House Bill No. 680. House Bill No. 776. House Bill No. 746.

Respectfully submitted,

JAcKsoN, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bills and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 199-675b.
House Bill No. 692.
House Bill No. 571.
House Bill No. 172.
Respectfully submitted,
JACKSON, Chairman.

THURSDAY, MARCH 18, 1937.

1841

Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President:
Your Committee on Motor Vehicles has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 167.
Respectfully submitted,
SuTTON, Chairman.

The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senator Hardman of the 33rd District and Whitehead of the 30th District-
Senate Bill No. 167. A bill to amend Section 68-201 of the 1933 Code relating to the registration and license of motor vehicles and chauffeurs, and for other purposes.

By Senator Jackson of the 14th District-
Senate Bill No. 240. A bill to make unlawful certain discriminations in price or services in connection with the sale of commodities in the course of trade or commerce, and providing certain remedies for violation, and for other purposes.
By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 241. A bill to declare the necessity of creating public bodies corporate and politic to be known as housing authorities to undertake slum clearance, and for other purposes.

1842

JOURNAL OF THE SENATE,

By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st Disttict-
Senate Bill No. 242. A bill to authorize cities, towns, counties and othet public bodies to aid housing projects, and for other purposes.

By Senators Atkinson of the 1st District, Atwood of the 2nd District, Knabb of the 3rd District, and Aultman of the 23rd District-
Senate Bill No. 247. A bill to provide that the Department of Public Health be chatged with the duties of inspection and analysis of oysters and shell fish used for food, and for other purposes.

By Senator Allen of the 31st District-
Senate Bill No. 252. A bill to amend Section 113-1706 of the 1933 Code relating to petition to sell land, notice, order, etc., in the administration of estates, and for other purposes.

By Senator Spivey of the 16th District-
Senate Bill No. 254. A bill to submit to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the State Con"stitution so as to authorize the City of Swainsboro to issue refunding bonds; to make temporary loans; and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Newton of Toombs-
Hause Resolution No. 199. A resolution to release Mrs. M. F. Brice of Toombs County and Alex P. Smith of Telfair County from p<byment of a bond forfeiture, and for oth-er purposes.

THURSDAY, MARCH 18, 1937.

1843

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

.By Messrs. Horne and Weaver of Bibb-
House Bill No. 172. A bill to amend Title 27-2703 of the
Code to provide for the appointment of ptobation officers
and assistants by Judges of Constitutional City Courts in
certain counties, and for other purposes.

By Messrs. Ragan of Pulaski, Whipple of Bleckley, Smith of Dodge, Whaley of Telfair, Clements of Wheeler, Warnock of Montgomery, and Fowler ofTreutlen-
House Bill No. 239. A bill to provide additional compensation for the official stenographic reporter of the Superior Courts of the Oconee Judicial Circuit, and for other purposes.

By Mr. Dukes of Washington-
House Bill No. 450. A bill to amend an Act abolishing the offices ofTax Receiver and Tax Collector of Washington County; to create in lieu theteof the office of Tax Commissioner; and for other purposes.

By Messrs. Joel and Hill of Clarke-
House Bill No. 571. A bill to provide for the fixing of the compensation of the official court reporter of the Superior Courts of the Western Circuit, and for other purposes.

By Mr. Hand of Mitchell-
House Bill No. 602. A bill to fix the bond of the Sheriff of Mitchell County, and for other purposes.

By Messrs. Candler, Sams, and Turner of DeKalbHouse Bill No. 607. A bill to provide for the licensing of

1844

JouRNAL oF THE SENATE,

dance halls, swimming pools, wrestling arenas, etc., in certain cities, and for other purposes.

By Messrs. Smith, Elliott, and Leonard of Muscogee-
House Bill No. 656. A bill to amend the charter of Columbus, and for other purposes.

By Mr. Goff of Tift-
House Bill No. 674. A bill to amend the charter of the City of Tifton, and for othet purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 679. A bill to amend an Act to change from the fee system to the salary system in certain counties the Clerk of the Superior Court, Sheriff, Ordinary, Tax Collector and Tax Receiver and. Treasurer, and for other purposes.

By Mr. Bridges of Early-
House Bill No. 680. A bill to repeal an Act of 1929, Pages 377-378, changing the number of terms per year of the City Court of Blakely, as fixed by an Act of 1906, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 692. A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Franklin . County, and for other purposes.

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 698. A bill to amend the charter of the City of Americus, and for other purposes.

THURSDAY, MARCH 18, 1937.

1845

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 705. A bill to amend an Act incorporating the City of Swainsboro, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 707. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.

By Mt. Warnell of Bryan-
House Bill No. 709. A bill to amend the Act creating the County Treasurer of Bryan County, and for other purposes.

By Mr. Daughtry of Wilkinson-
House Bill No. 712. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.

By Mr. McCracken of Jefferson-
House Bill No. 713. A bill to amend an Act creating a Board of Roads and Revenues of Jefferson County, and for other purposes.

By Messrs. Parker and Barlow of Colquitt-
House Bill No. 716. A hill to create a new charter for the City of Moultrie, and for other purposes.

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 718. A bill to amend Sections 5 and 7 of an Act of 1931 abolishing the offices of Tax Receiver and Tax Collector of Decatur County, and for other purposes.

By Mr. Campbell of Newton-
House Bill No. 720. A bill to amend the charter of the City of Covington, and for other purposes.

1846

JouRNAL oF THE SENATE,

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 721. A bill to amend an Act regulating public instruction in the County of Richmond, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 728. A bill to amend the charter of the City of Valdosta, and for other purposes.

By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 733. A bill to alter and amend the acts incorporating the Mayor and Councilmen of Tybee, now known as Savannah Beach, and for other purposes.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 737. A bill to abolish the offices of Tax Receiver and Tax Collector of Bulloch County, and to create the office of Tax Commissioner, and for other purposes.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 738. A bill to amend an Act creating the City Court of Statesboro, and for other purposes.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 739. A bill to amend an Act providing for the creation of a Board of County Commissioners of Bulloch County, and for other purposes.

By Mr. Gammage of Terrell-
House Bill No. 741. A bill to change the time of holding the Superior Court of Terrell County, and for other purposes.

THURSDAY, MARCH 18, 1937.

1847

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 746. A bill to amend an Act establishing the Municipal Court for the City of Macon, and for other purposes.

By Messrs. Scruggs and Dukes of Washington-
House Bill No. 747. A bill to amend an Act fixing the salary of the County Commissioners of Washington County, and for other purposes.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 748. A bill to amend an Act amending the charter changing the present form of government for the City of College Park, and for other purposes.

By Mr. Scruggs of Washington-
House Bill No. 751. A bill to repeal an Act establishing a Council for Washington County, and for other purposes.
By Messrs. Scruggs and Dukes of Washington-
House Bill No. 752. A bill to establish a County Council for Washington County; to provide for compensation for members; and for other purposes.

By Mr. Newton of Toombs-
Hause Bill No. 753. A bill to create and incorporate the City of Charles, Toombs County, and for other purposes.

By Messrs. Jones and Smith of Dodge-
House Bill No. 754. A bill to amend an Act incorporating the town of Chauncey, Dodge County, and for other purposes.

1848

JouRNAL oF THE SENATE,

By Messrs. Jones and Smith of DodgeHouse Bill No. 755. A bill to amend an Act abolishing
the office of Treasurer of Dodge County, and for other purposes.
By Messrs. Moore and Ennis of BaldwinHouse Bill No. 758. A bill to amend an Act creating a
new charter for the City of Milkdgeville, and for other purposes.
By Mr. Whipple of BleckleyHouse Bill No. 762. A bill to provide for the holding of
three terms of the Superior Court of Bleckley County, and for other purposes.
By Messrs. Freeman, Weaver, and Horne of BibbHouse Bill No. 771. A bill to amend an Act estaqlishing
a charter for the City of Macon, and for other purposes.
By Messrs. Weaver, Horne, and Freeman of BibbHouse Bill No. 772. A bill to amend an Act establishing
a charter for the City of Macon, and for other purposes.
By Messrs. Freeman, Weaver, and Horne of BibbHouse Bill No. 773. A bill to create the office of Assistant
Solicitor-General of the Macon Judicial Circuit, and for other purposes.
By Mr. Gross of StephensHouse Bill No. 776. A bill to amend an Act establishing
the City Court of Stephens County, and for other purposes.
Senator Almand of the 50th District asked unanimous

THURSDAY, MARCH 18, 1937.

1849

consent that the following bill of the House be withdrawn from the committee, read a second time, and recommitted:

By Messrs. Joel and Hill of Clarke-
House Bill No. 137. A bill empowering the Board of Regents of the University System of Georgia to invest trust funds in real estate and in improvements or buildings thereon, and for other purposes.
Referred to Committee on University System of Georgia.

The consent was granted, the bill read a second time, and recommitted to the Committee.

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

By Senator Pope of the 7th District-
Senate Bill No. 245. A bill to amend the charter of the City of Cairo, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Pope of the 7th District-
Senate Bill No. 246. A bill to amend the charter of the City of Cairo, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

1850

JouRNAL OF THE SENATE,

By Senator Pope of the 7th District-
Senate Bill No. 234. A bill to amend the charter of the City of Thomasville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Lindsay of the 34th District-
Senate Bill No. 233. A bill to provide for county primaries in DeKalb County for the purpose of nominating county officials, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Aultman of the 23rd District asked unanimous consent that the following bill of the House be recommitted to the Committee on Game and Fish:

By Mr. DeFoor of Mcintosh and othersHouse Bill No. 438. A bill to impose a tax on crabs and
prawn, and for other purposes.
The consent was granted, and the bill was recommitted.

By Senator Millican of the 35th DistrictSenate Bill No. 235.

THURSDAY, MARCH 18, 1937.

1851

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article seven, Section seven, Paragraph one, of the Constitution of Georgia, so as to authorize the City of Atlanta to incur a bonded indebtededness in addition to that heretofore authorized bv the Constitution and laws of Georgia for the purpose ~f refunding and retiring its existing bonded indebtedness due and unpaid as of January 1, 1937, and which becomes due up to and including January 1, 1938; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1938; to authorize the City of Atlanta to make temporary loans and to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of revenue received by the City of Atlanta in the year in which said loans were made; to authorize the City of Atlanta to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Atlanta; to prOvide the terms of their issue; to provide for the submission of the amendment for ratification by the people, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article seven, Section seven, Paragraph one, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
I
"And except that the City of Atlanta may issue refunding serial bonds not in excess of the aggregate sum of $2,000,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid on January 1, 1937, and any bonded indebtedness of said City outstanding and which becomes due up to. and

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JouRNAL oF THE SENATE,

including January 1, 1938, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Atlanta to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the Mayor and General Council, and shall be validated.
"And except that the City of Atlanta, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st of each year, to be paid out of the revenues received by the City in that year, said loans to be evidenced by promissory notes signed by the Mayor and Comptroller of the City of Atlanta and previously authorized by resolution approved by a majority vote of the Mayor and General Council of the City of Atlanta at a regular meeting and entered on the minutes of the Council. The aggregate amount of said loans outstanding at any one time shall not exceed fifty per cent of the total gross receipts of the City of Atlanta from ad valorem taxes in the preceding year, and no new loans shall be made in any year until all loans made in previous years have been paid in full, provided, the failure to pay said loan out of the revenues received by the City in the year the loan is made shall not affect the obligation of the City to pay said loan.
"And except, also, that the City of Atlanta, by a majority vote of the Mayor and General Council, may issue notes or debt certificates, to be executed by the Mayor and Comptroller, for the retirement and payment of the deficit and current indebtedness of the City of Atlanta as the same may be at the date of such issues, provided such issues be prior to January 1, 1938, and otherwise in an amount not exceeding the said deficit and current indebtedness outstanding on January 1, 1938. Such notes or debt certificates may be issued in such denominations with interest and fall due at

THURSDAY, MARCH 18, 1937.

1853

such times as the Mayor and General Council may fix, not to exceed five years from the date of their issue."

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by twothirds vote of the members 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 elettion, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article seven, Section seven, Paragraph one, of the Constitution, authorizing the City of Atlanta to issue refunding bonds, to make temporary loans and to retire current deficit," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article seven, Section seven, Paragraph one, of the Constitution, authorizing the City of Atlanta to issue refunding bonds, to make temporary loans and to retire current deficit," 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 election for members of the General Assembly, the said amendments shall become a part of Article seven, Section seven, Paragraph one, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1854

JouRNAL oF THE SENATE,

On the passage of the bill, it being a proposed amend-
ment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Fowler Greer

Griner Hardman Harrison Holmes Home Johnson Kimbrough Knabb Lindsay McKenzie Moye
Peebles Peterson

Phillips Pope
Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Walker Whitehead
Willi~s

Verification of the roll call was dispensed with.

The ayes were 39, the nays 0.

The bill having received the requisite two-thirds constitu- tiona} majority was passed.

Not voting were: Senators Flynt of the 26th District, Forrester of the 44th District, Hampton of the 41st District, Harrell of the 12th District, Jackson of the 14th District, Jones of the 38th District, McCutchen of the 43rd District, Millican of the 35th -District, Neely of the 36th District, Patten of the 6th District, and Thrasher of the 27th District.

The following resolution of the Senate was read and adopted:
By Senators Brock of the 37th District and Jackson of the 14th District-
Senate Resolution No. 94. A resolution requesting the Board of Regents and Chancellor of the University, to establish a School of Dentistry as soon as funds are available for its equipment and operation, and for other purposes.

THURSDAY, MARCH 18, 1937.

1855

By Senator Atkinson of the 1st District-
Senate Bill No. 248. A bill to provide that the Speaker of the House of Representatives and the President of the Senate shall be ex-officio members of all Departments, etc., of the State Government of which the Governor is an exofficio member, during their terms of office, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Lindsay of the 34th District-
Senate Bill No. 250. A bill to amend Chapter 40-18 of the 1933 Code, so as to empower the State Auditor to issue summons, administer oaths, to examine witnesses, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 1.
The bill having received the requisite constitutional majority was passed.
Senator Lindsay of the 34th District asked unanimous consent that Senate Bill No. 248 and Senate Bill No. 250 be immediately transmitted to the House and the consent was granted.

By Senators Spivey of the 16th District, Pope of the 7th District, Phillips of the 29th District, and Harrison of the 17th District-
Senate Bill No. 228. A bill to provide for the establish-

1856

JouRNAL OF THE SENATE,

ment and maintenance of equipment for the manufacture of highway signs, etc., and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Pope of the 7th District asked unanimous consent that Senate Bill No. 228 be immediately transmitted to the House and the consent was granted.
By Senators Harrison of the 17th District, Jackson of the 14th District, and Phillips of the 29th District-
Senate Bill No. 244. A bill to amend Section 36-202, Chapter 2, of the 1933 Code, to provide the right of eminent domain for the purpose of running pipe lines for the transportation or distribution of Petroleum products, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Harrison of the 17th District asked unanimous consent that Senate Bill No. 244 be immediately transmitted to the House and the consent was granted.
The following resolution of the House was read and adopted:
By Messrs. Harris of Richmond, Coleman of Lowndes, Drake of Seminole, Musgrove of Clinch, and Fowler of Treutlen-

THURSDAY, MARCH 18, 1937.

1857

House Resolution No. 225. A resolution proposing that Naval Stores Laborers be classified as farm laborers, 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 and/or Senate, to-wit:

By Messrs. Jones and Smith of Dodge-
House Resolution No. 39-209c. A resolution to furnish certain reports of Supreme Court and Court of Appeals to Dodge County.

By Mr. Evans -of McDuffie-
House Bill No. 53. A bill to be entitled an Act to amend certain sections of Georgia Code of 1933 relating to drawing of juries, and for other purposes.

By Mr. Sutton of Wilkes-
House Bill No. 320. A bill to be entitled an Act to amend Section 100-101 of the Georgia Code of 1933 by adding the town of Tignall to the list of Depositories.

By Mr. Hastings of Fulton-
House Bill No. 427. A bill to be entitled an Act to be known as the "Alcoholic Beverage Act," and for other purposes.

By Messrs. Coleman and Houze of LowndesHouse Bill No. 524. A bill to be entitled an Act to amend

1858

JouRNAL oF THE SENATE,

Section 84-1319 of the Code of 1933 relating to the ann.ual registration of pharmacists by providing a fee to be paid to the joint secretary of the State Examining Boards, and for other purposes.

By Messrs. Candler of DeKalb and Freeman of Bibb-
House Bill No. 633. A bill to be entitled an Act to amend an Act approved Aug. 19, 1913, establishing the Georgia Training School for Girls and the Acts amendatory thereof by locating a division thereof in Bibb County, and for other purposes.

By Mr. Sapp of Coffee--
House Bill No. 661. A bill to be entitled an Act to create a Special Bailiff for counties of a certain population, and for other purposes.

By Messrs. Todd of Glascock, Pilcher of Warren, and McCracken of Jefferson-
House Bill No. 699. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," as same appears in Acts of Ga. Legislature, and including map opposite page 268 of said Acts of 1929; said Act hereby amended being known as the Traylor-Neill Bill; and for other purposes.

By Messrs. Musgrove of Clinch and Middleton of Dade-
House Bill No. 730. A bill to amend the Code of 1933, to provide for cooperation between counties and municipalities for school maintenance and improvement, and for other purposes.

By Mr. Vickery of Charlton-
House Bill No. 734. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

THURSDAY, MARCH 18, 1937.

1859

By Messrs. Perry and Houston of Worth-
House Bill No. 735. A bill to amend "An Act to abolish a fee system now existing in the Superior Courts of the Tifton Judicial Circuit as applied to office of Solicitor-General," and for other purposes.

By Messrs. Williams of Jones, Moore and Ennis of Baldwin, and others-
House Bill No. 765. A bill to amend the State Highway Mileage Act so as to add a certain road to the system of State Aid Roads, and for other purposes.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 796. A bill to amend an Act approved December 15, 1898, entitled an Act to amend an renew the various Acts incorporating the Town of Waynesboro, and for other purposes.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 797. A bill to be entitled an Act to amend an Act entitled "An Act to abolish the office of Tax Receiver and Tax Collector of Burke County," and for other purposes.

By Messrs. Cochran and Edwards of Thomas-
House Bill No. 807. A bill to amend the charter of the City of Thomasville, and for other purposes.

By Mr. Batchelor of Putnam-
House Bill No. 810. A bill to amend an Act entitled an Act to repeal an Act amending an Act to create a Board of Commissioners of Roads and Revenues f0r_Putnam County, and for other purposes.
The House has disagreed to Senate amendments to the following bill of the House:

1860

JouRNAL OF THE SENATE,

By Messrs. Lanier, Harris, and Barrett of Richmond, and others-
House Bill No. 26. A resolution proposing an amendment to the Constitution of the State of Georgia exempting from ad valorem taxation on homesteads not exceeding $2,500.00 in value a~d for other purposes.

The House has disagreed to the Senate substitute and amendments to the following bill of the House:

By Messrs. Kendrick of Fulton and Lanier of Richmond-
House Bill No. 169. A bill to be entitled an Act to amend Title 54, Chapter 54-1 of the Code of 1933 by striking the entire chapter and substituting therefor a new section, and to create the office of Commis!?ioner of Labor, and prescribe the duties of said commissioner, and for other purposes.

By Messrs. Harris of Richmond, Coleman of Lowndes, D rake of Seminole, and others-
House Resolution No. 225. A resolution proposing that the Naval Stores Labcrers be classified as farm lahorers. and for other purposes.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

By Mr. Simmons of Decatur-
House Bill No. 140. A bill to be entitled an Act to amend title 92 ("Public Revenue") division 1 ("Sources of Revenue") ("Income Taxes") as amended by the Act approved March 26, 1935, by amending chapter 92-31 ("Imposition,

THURSDAY, MARCH 18, 1937.

1861

Rate, and Computation of Tax; Exemptions"); by defining "sale or sales"; by defining "resident" and "non-resident"; and for other purposes.

By Mr. Hayes of Miller-
House Bill No. 803. A bill to be entitled an Act to amend the charter of the City of Colquitt by providing that the Mayor of Colquitt may succeed himself, and for other purposes.
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:

By Messrs; Carmichael of Cobb and Freeman of Bibb-
House Bill No. 723. A bill to be entitled an Act to amend an Act approved March 23, 1935; to legalize the making and manufacturing and selling of domestic and foreign wines; to license dealers in wine; to provide a tax on all wines manufactured or sold; and for other purposes.
Senate Bill No. 13, a bill to regulate the assignment of policies of incorporated mutual or cooperative fire insurance companies, was taken up for the purpose of considering the following House substitute thereto, to-wit:
By the Committee-

A BILL
To be entitled an Act relating to policies of incorporated Mutual or Cooperative Fire Insurance Companies in certain cases:
When any policy of insurance issued by any incorporated mutual or cooperative fire insurance company chartered or transacting business under the laws of this State is assigned as collateral security for the payment of a debt or made payable to a mortgagee or other creditor it shall be lawful for such company to insert in such policy or attach thereto

1862

JouRNAL oF THE SENATE,

by rider a provision or provisions whereby any or all conditions of the policy which work a suspension of forfeiture shall be waived in such case for the benefit of the assignee mortgagee or other creditor.
The Senate agreed to the House substitute for Senate Bill No. 13.
Senate Bill No. 98, a bill authorizing the State Board of Health to cooperate with the Children's Bureau of the Federal Government, was taken up for the purpose of considering the following House substitute thereto, to-wit:
By the Committee-
A BILL
To be entitled an Act to authorize and empower the State Board of Health to cooperate with the Children's Bureau of the United States Department of Labor under Title V, Part 1, for maternal and child health service; and with the Public Health Service of the United States Treasury Department under Title VI for public health work of the Social Security Act Public No. 271-74 Congress, House
- Resolution 7260, approved August 14, 1935; to receive and expend grants of Federal or other money for the aforenamed purposes in accordance with such provisions and regulations made thereto; to designate the State Board of Health as the official agency of the State of Georgia for the administration of the above activities; for the repeal of all laws and parts of laws in conflict herewith; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

Section 1. The State Board of Health is hereby designated as the State agency for and shall have the power to establish and administer a program for services for the purpose of promoting the health of mothers and children; supervise the administration of those services included in the pro-

THURSDAY, MARCH 18, 1937.

1863

gram, which are not administered directly by it; extend and improve any such services including maternal and child health services administered bv local maternal and child health units, and including all s"uch services in existence on the effective date of this Act; cooperate with medical nursing and welfare groups and crganizations; and provide for the development of demonstration services; to cooperate with the Federal Government through its appropriate agency 01 in-. strumentality in developing, extending and improving such services; and receive and expend all funds made available to the Department by the Federal Government, the State or its political subdivisions or from other soutces for such purposes.
Section 2~ The State Board is hereby authorized and empowered to cooperate with the Public Health Service of the United States Treasury Department in establishing and maintaining adequate public health services as provided for in Title VI of the Federal Social Security Act, Public No. 271, 74 Congress, House Resolution 7260, approved August 14, 1935, and as said Act of Congress may be amended hereafter.

Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The Senate agreed to the House substitute for Senate Bill No. 98.
The Senate insisted upon its position on House Bill No. 26, known as the Homestead Exemption Bill, and requested that a Committee of Conference be appointed.
The Senate insisted upon its position on House Bill No. 169, a bill to create the Commissioner of Labor, and requested that a Committee of Conference be appointed.

By Senators Jones of the 38th District, Sutton of the 47th District, and Griner of the 45th District-

1864

JouRNAL oF THE SENATE,

Senate Bill No. 217. A bill to amend Section 68-301 of the 1933 Code which provides the speed limits of motor vehicles, and for other purposes.

Senator Lindsay of the 34th District moved that further consideration of Senate Bill No. 217 be postponed and the motion prevailed.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 704. A bill to authorize counties having a population of over 200,000 to create a County Board of Welfare, and for.other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional ma__jority was passed.

By Senators Spivey of the 16th District and Atkinson of the 1st District-
Senate Bill No. 237. A bill to amend Section 54-301 of the Code of 1933 by raising the age limit of child labor to 18 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 26, the nays 1.
The bill having received the requisite constitutional majority was passed.

Senator Atkinson of the 1st District moved that House Bill No. 284 be taken from the table. The motion prevailed and the bill was taken from the table.

THURSDAY, MARCH 18, 1937.

1865

Senator Harrison of the 17th District asked unanimous consent that the Senate recess at 1:00 o'clock to reconvene at 2:00 o'clock, P. M., and remain in session until otherwise ordered by the Senate. The consent was granted.

By Senators Spivey of the 16th District and Atkinson of the 1st District-
Senate Bill No. 238. A bill to amend Code Section 114107 in reference to Workmen's Compensation Awards, and for other purposes.

Senator Hardman of the 33rd District offered the following amendment to Senate Bill No. 238:
To amend by striking from Section 114-501, the last paragraph thereof, in its entirety, which reads as follows:
"Provided, however, if so desired, an injured employee may select a physician of his own choosing to attend, prescribe and assume the care and charge of his case, subject to the approval of the Department of Industrial Relations."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senators Atkinson of the 1st District and Pope of the 7th District-
Senate Bill No. 122. A bill to amend Section 15 of the Motor Common Carriers' Act of 1931, by providing the conditions under which railroad companies may operate motor vehicles for hire, and for other purposes.

1866

JouRNAL oF TlfE SENATE,

The committee offered the following substitute for Senate Bill No. 122:
Committee Substitute for Senate Bill No. 122.

A BILL
To be entitled an Act to amend Section 15 of the Motor Common Carriers' Act of 1931 relating to the operation of motor vehicles for hire by railroad companies on the highways of this State, and providing the terms and conditions under which said railroad companies may operate such motor vehicles.
Be it enacted by the Legis.lature of the State of Georgia:

Section 1. That Section 15 of the Motor Common Carriers' Act of 1931 be, and the same is, hereby amended so as to read as follows:

Section 15. Railroad companies operating in this State are hereby authorized to operate motor vehicles for hire upon the highways of this State, provided they obtain from the Commission a certificate under this Act, and provided further that they shall be, as to said motor vehicles, motor carriers under this Act and subject to all the provisions of this Act; and railroad companies operating in this State are also authorized to own the whole or any part of the capital stock of a corporation or corporations organized or operating as a motor carrier. Except as hereinafter provided, no railroad company, nor any company whose stock is owned by a railroad company, shall be granted a certificate of public convenience and necessity without proof such as would be required by an independent motor carrier; provided, however, that upon the making of proper application therefor by any such railroad company or by any company other than a railroad company, the majority of whose stock is owned by any such railroad company, the Commission shall, as a matter of right and without a hearing, grant a certificate

THURSDAY, MARCH 18, 1937.

1867

of necessity and convenience to any such railroad company or to any such company other than a railroad company, the majority of whose stock is owned by any such railroad company, to operate for the transportation of freight and/or United States mail over the highways and public roads of this State motor vehicles between and within communities which are connected by and served by the rail lines of any such railroad company, but not elsewhere. The rates and charges for transportation by motor vehicles, as in this section provided, shall be the same as those which any such railroad company may be authorized to charge if such transportation had been solely by rail.

Section 2. All laws or parts of law in conflict herewith be,

and the same are, hereby repealed.



The committee offered the following amendment:
To amend substitute for Senate Bill No. 122 by adding a new section to be Section 2, as follows:

Section 2. It is hereby declared to be the intent of this Act that t~e term "Railroad Companies" as used herein shall be construed to include receivers and/or trustees of Railroad companies, and certificates shall be issued to such receivers or trustees in the same manner as directly to Railroad Compames.
And re-numbering the succeeding section to be Section 3.

Senator Thrasher of the 27th District offered the following amendment:
To amend the substitute by adding a new paragraph immediately before the repealing clause as follows:
"Provided further that this Act does not allow railroads to operate any passenger bus lines in this State."
The amendments to the substitute were adopted.

1868

JouRNAL oF THE SENATE,

The substitute, as amended, was adopted.

Senator Purdom of the 46th District moved that Senate Bill No. 122, the substitute and amendments thereto, be indefinitely postponed.
On the motion by Senator Purdom, Senator Harrison of the 17th 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:

Atwood Aultman Brock Burrell Clements Ennis Forrester Griner

Hampton Harrison Jackson Jones Kimbrough Millican Peebles

Phillips Purdom Shedd Sutton Terrell Whitehead Williams

Those voting in the negative were Senators:

Almand Atkinson Burgin Chason Flynt
Greer Hardman Harrell Holmes

Horne Johnson Knabb Lindsay McKenzie Moye Neely Patten

Peterson Pope
Pruett Sammon Shannon Sikes Thrasher Walker

The roll call was verified.

The ayes were 22, the nays 25.

The motion was therefore lost.

Not voting were: Senators Allen of the 31st District, Fowler of the 39th District, and McCutchen of the 43rd District.

THURSDAY, MARCH 18, 1937.

1869

The report of the committee, which was favorable to the passage of the bill, by substitute, as amended, was agreed to.

On the passage of the bill, by substitute, as amended, Senator Harrison of the 17th 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:

Allen Almand Atkinson Burgin Ohason Flrnt Greer Hardman Harrell

Holmes Home Johnson Knabb Lindsay McKenzie Moye Neely
Patten

Peterson Pope
Pruett Sammon Shannon
Sikes I
Thrasher! Walker

Those voting in the negative were Senators:

Atwood Aultman Brock Burrell Olements Ennis Forrester Griner

Hampton Harrison Jackson Jones Kimbrough Millican Peebles

Phillips Purdom Shedd Sutton Terrell Whitehead Williams

Verification of the roll call was dispensed with.
The ayes w,ere 26, the nays 22.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
Not voting were: Senators McCutchen of the 43rd District and Fowler of the 39th District.

Senator Purdom of the 46th District gave notice that at the proper time he would move that the Senate reconsider . its action in passing Senate Bill No. 122, by substitute, as amended.

1870

JOURNAL OF THE SENATE,

Senator Harrell of the 12th District moved that Senate Bill No. 122 be immediately transmitted to the House.

Senator Forrester of the 44th District moved that the Senate do now recess until 2:00 o'clock.

On the motion by Senator Forrester of the 44th District, Senator Purdom of the 46th 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:

Atwood Brock Bunell Clements Ennis Fonester Griner

Hampton Harrison Jackson Jones l{jm.brough
Millican

Peebles Phillips Purdom Sutton Terrell Whitehead

Those voting in the negative were Senators:

Allen Almand Atkinson Aultman Burgin Chason Flrnt Greer Hardman Harrell

Holmes Horne Johnson Knabb Lindsay McKenzie Moye Neely Patten

Peterson Pope Pruett Sammon Shannon Sikes Thrasher Walker Williams

Verification of the roll call was dispensed with.

The ayes were 19, the nays 28.

The motion was therefore lost.

Not voting were: Senators Fowler of the 39th District and McCutchen of the 43rd District.

THURSDAY, MARCH 18, 1937.

1871

The motion by Senator Harrell that Senate Bill No. 122 be immediately transmitted to the House prevailed.

By Senator McKenzie of the 48th District-
Senator Bill No. 215. A bill to amend Section 59-703 and Section 59-704 of the 1933 Code, reducing the number of jurors for the trial of civil cases, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 3, the nays 24.
The bill having failed to receive the requisite constitutional majority was lost.

Senator Harrell of the 12th District moved that the Senate do now recess until 2:00 o'clock, P. M. The motion prevailed.
The President announced that the Senate stood recessed until 2:00 o'clock, P. M.
The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.
The following resolution of the Senate was read and adopted:

By Senator Flynt of the 26th District-
Senate Resolution No. 96. A resolution of appreciation to the Chemical Foundation, Inc., and to Mr. Francis Garvin, President, and for other purposes.

Senator Lindsay of the 34th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read a second time, and recommitted to the Committee on Agriculture:

1872

JouRNAL oF THE SENATE,

By Senator Lindsay of the 34th District-
Senate Bill No. 253. A bill to amend Section 15 of the 1929 Laws, known as Act No. 422, by prohibiting the shipping of milk or milk products into Georgia unless such milk or milk products are produced under sanitary conditions; to authorize a tax on milk and cream brokers and dairy manufacturing plants; and for other purposes.
The consent was granted, the bill given a second reading, and recommitted.

Senator Johnson of the 42nd District asked unanimous consent that Senate Bill No. 230 be withdrawn from further consideration of the Senate and the consent was granted.

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

By Messrs. Cochran of Thomas and Bargeron of Burke-
House Bill No. 332. A bill to provide for the conservation, protection, improvement and profitable use of agricultural land resources of the State of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the Senate was read and adopted:

By Senator Lindsay of the 34th District-
Senate Resolution No. 97. A resolution authorizing the Governor and Prison Commission to execute and perfect a

THURSDAY, MARCH 18, 1937.

1873

lease of Tattnall Prison Farm from the Federal Government in accordance with recommendations of the joint committee of the General Assembly appointed to investigate the matter.
The following bills of the Senate and House were read the third time and put upon their passage:

By Senator Purdom of the 46th District-
Senate Bill No. 171. A bill to define and regulate the practice of Naturopathy, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 3, the nays 29.
The bill having failed to receive the requisite constitutional majority was lost.

By Senator Patten of the 6th District-
Senate Bill No. 206. A bill to repeal Sections 92-4402 and 92-8301 of the 1933 Code, so as to prescribe a right to redeem property sold under an execution issued for the collection of State, County, City, Municipal or School Taxes or special assessments, and for other purposes.

Senator Pope of the 7th District offered the following amendment to Senate Bill No. 206:
To amend by adding at the end of the second paragraph of Section 2 the following words:
"Provided that heirs of any deceased owner of any such lands shall be served by the sheriff or notified as provided herein."
To further amend said bill by adding at the end of Section 2 the following words: "or that service or notice was not given as required herein."
The amendments were adopted.

1874

JOURNAL OF THE SENATE,

Senator Harrell of the 12th District offered the following amendment to Senate Bill No. 206:
To amend Section 2 by striking from line 12 the words "at any time after 12 months from date of such sale," and inserting in lieu thereof the words "after 12 months from the date of such sale."
The amendment by Senator Harrell was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

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

By Mr. Evans of McDuffie-
Hause Bill No. 53. A bill to amend certain Code Sections of the 1933 Code relating to drawing of juries, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Simmons of Decatur-
House Bill No. 140. A bill to amend Title 92, Division 1, Part IX, relative to "Public Revenue;" by amending Chapter 92-31; by defining "sale or sales;" by defining "resident" and "non-resident;" and for other purposes.
Referred to Committee on Finance.

By Mr. Sutton of WilkesHouse Bill No. 320. A bill to amend Section 100-101 of

THURSDAY, MARCH 18, 1937.

1875

the 1933 Code by adding the town of Tignall to the list of State Depositories, and for other purposes.
Referred to Committee on Banks and Banking.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 524. A bill to amend Section 84-1319 of the 1933 Code relating to the annual registration of pharmacists, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Mr. Hastings of Fulton-
House Bill.No. 427. A bill to be known as the "Alcoholic Beverage Act," and for other purposes.
Referred to Committee on Temperance.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 613. A bill to amend Code Section 36- 1001 of the 1933 Code, to permit condemnation of private property for public roads to a width of 200 feet at the base, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Candler of DeKalb and Freeman of Bibb-
House Bill No. 633. A bill to amend an Act establishing the Georgia Training School for Girls and the Acts amendatory thereof by locating a division thereof in Bibb County, and for other purposes.
Referred to Committee on Training Schools.

By Mr. Sapp of Coffee-
House Bill No. 661. A bill to create a Special Bailiff for certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

1876

JouRNAL OF THE SENATE,

By Messrs. Todd of Glascock, Pilcher of Warren, and McCracken of Jefferson-
House Bill No. 699. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 708. A bill to require Coroners in certain counties to select as one of the jurors for every inquest a competent stenographer, and to provide for compensation, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Dukes and Scruggs of Washington, and McCracken of Jefferson-
House Bill No. 724. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Musgrove of Clinch and Middleton of Dade-
House Bill No. 730. A bill to amend the 1933 Code by" providing for cooperation between counties and municipalities for school maintenance and improvement, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Vickery of Charlton-
I
House Bill No. 734. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

THURSDAY, MARCH 18, 1937.

1877

By Messrs. Perry and Houston of Worth-
House Bill No. 735. A bill to amend an Act abolishing a fee system in the Superior Courts of the Tifton Judicial Circuit, and for other purposes.
Referred to Committee on Uniform Laws.

By Messrs. Williams of Jones, Moore and Ennis of Baldwin, Weaver, Freeman, and Horne of Bibb-
House Bill No. 765. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Lewis and Bargeron of Burke-
House Bill No. 796. A bill to amend an Act amending the Act incorporating the Town of Waynesboro, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 797. A bill to amend an Act abolishing the office of Tax Receiver and Tax Collector of Burke County, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Hayes of MillerHouse Bill No. 803. A bill to amend the charter of the
City of Colquitt, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Cochran and Edwards of ThomasHouse Bill No. 807. A bill to amend the charter ofthe
City of Thomasville, and for other purposes. Referred to Committee on Municipal Government.

1878

JouRNAL oF THE SENATE,

By Mr. Batchelor of Putnam-
House Bill No. 810. A bill to amend an Act creating a New Board of Commissioners of Roads and Revenues of Putnam County, and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the House was read the first time and referred to the committee:

By Messrs. Jones and Smith of Dodge--
House Resolution No. 39. A resolution authorizing the State Librarian to furnish certain law books to Dodge County, and for other purposes.
Referred to Committee on Public Library.
The following bills of the House were read the third time and put upon their passage:

By Mr. Jones of Bartow-
House Bill No. 341. A bill to amend Chapter 106-3 of the 1933 Code of Georgia, by adding thereto a new section, providing that nothing contained in said chapter shall work any forfeiture of any right of any civil action in the courts of this State, and for other purposes.

Senator Harrell of the 12th District offered the following amendment to House Bill No. 341:

To amend by adding the following at the end of Paragraph 5:

"But the party who has failed to register its trade or part-

nership name as required by this Act shall be cast for court

costs."



The amendment was adopted.

THURSDAY, MARCH 18, 1937.

1879

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Dollar of Grady-

House Bill No. 170. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

The report of the committee, which was favorable to the

passage of the bill, was agreed to.



On the passage of the bill, the ayes were 27, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Deal and Preston of Bulloch-
House Bill No. 544. A bill to provide a salary in lieu of the fee system for the Clerk of the Superior Court, and other Courts served by the Clerk of the Superior Court in counties of 26,225 to 26,550 inhabitants, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
' The bill having received the requisite constitutional majority was passed.

By Mr. Swindle of Berrien-
House Bill No. 714. A bill to reduce the official bond of the Sheriff of Berrien County from $10;ooo to $5,000, and for other purposes.

1880

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Grayson, Cohen, and MeNall of Chatham-
House Bill No. 641. A bill to amend the charter of the Mayor and Alderman of the City of Savannah, and the several Acts amendatory thereof and relating and supplementary thereto, and for other purposes.
The committee offered the following amendment to House Bill No. 641:
To amend by adding four sections to be known as Sections 5, 6, 7 and 8 as follows:
Section 5. (License and Regulate Small Loans Companies.) Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from af!d after passage of this Act, the Mayor and Alderman of the City of Savannah, shall have authority to license and regulate every firm, person or corporation in said city engaged in the business of making small loans that is to say, engaged in the business of making loans in the sum of $300.00, or less, secured or unsecured, or engaged in the business of lending monies by assignment of wages or salaries, earned or to be earned, or engaged in the business of buying salaries, to define by Ordinance the powers and privileges ofsuch businesses not inconsistent with the laws of this State, or license therein, with power to revoke licenses for violation of any law of ordinance, to enact Ordinances providing for the submission of daily reports of all wages or salaries so assigned, and generally to exercise such supervision over those .engaged in the several businesses aforesaid, as will insure fair dealings between the operators of said businesses and their customers.

THURSDAY, MARCH 18, 1937.

1881

Section 6. (Pension abated, when.) Be it further enacted that any employee of the City of Savannah who returns to active service and employment of the city after having been retired and pensioned, shall not be entitled to his pension during such active service, but upon subsequent retirement will be entitled to the pension previously granted such employee.

Section 7. (Officers, Employees, how appointed). Be it further enacted that the Mayor and Alderman of the City of Savannah are hereby authorized and empowered to appoint, hire and employ for and in behalf of the City of Savannah such officers, clerks and employees as he may deem necessary for the government of said City, to fix their salaries and to discharge them at any time in accordance with such ordinance or resolution adopted by council, provided that such officers and employees as are by the charter of the city made elective by council shall not be affected by the provisions of this section.

Section 8. (Recorders Court Jurisdiction Extended). Be it further enacted that the Recorder of the City of Savannah, sitting as Judge of the Police Court of Savannah shall have authority and jurisdiction to try all cases arising under the Act of the Legislature of Georgia of 1937, known as the State Highway Patrol Act; and shall also have authority and jurisdiction to take pleas of guilt in misdemeanor cases and pass judgment thereon where the defendant is brought before him on committment herein and waives the right to a trial in the City of Superior Courts. Provided that all fines from State offenses shall be paid into the County Treasury.

Section 9. Shall be the number of the Repealing Clause.
The committee amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

1882

JOURNAL OF THE SENATE,

On the passage of the bill, as amended, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mr. Adams of Franklin-
House Bill No. 454. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the n~ys 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 461. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 462. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.

THURSDAY, MARCH 18, 1937.

1883

The bill having received the requisite constitutional majority was passed.

By Mr. Whipple of Bleckley-
House Bill No. 230. A bill to amend an Act entitled Highway Mileage by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Batchelor of Putnam, Hollis of Morgan, and Moore of Taliaferro-
Rouse Resolution No. 74. A resolution designating ,he highway beginning at Augusta and passing across the State to West Point, Georgia, as the official Jefferson Davis Highway in Georgia, 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 the resolution, the ayes were 28, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
The Senate insisted upon its position on House Bill No. 723, known as the Wine License Act, and requested that a Committee of Conference be appointed.
The following privilege resolutions were read and adopted:

By Senator Moye of the 11th DistrictA resolution extending the privileges of the floor to Han.

1884

JouRNAL OF THE SENATE,

W. C. Ford and Hon. J. L. Irwin, prominent citizens of Randolph County.

By Senator Purdom of the 46th District-
A resolution extending the privileges of the floor to Mrs. Glenn S. Phillips, the charming wife of the distinguished Senator from the 29th District.

By Senator Shannon of the 21st District-
A resolution extending the privileges of the floor to Dr. Geo. DuPree and Hon. Wilbur Council, prominent citizens of_Wilkerson County.

By Senator Spivey of the 16th District-
A resolution extending the pt ivileges of the floor to Mrs. Nell Lowery Thompson, prominent citizen of Swainsboro, Ga.

By.Senator Terrell of the 19th District-
A resolution extending the privileges of the floor to Hon. Len Norris and Hon. J. D. Baston, prominent citizens of McDuffie County.

By Senator Neely of the 36th District-
A resolution extending the privileges of the floor to Hon. S. L. Gregot y, prominent citizen of Manchester, Ga.

By Senator Aultman of the 23rd District-
A resolution extending the privileges of the floor to Hon. Joe Davidson of Peach County.

By Senator Spivey of the 16th District-
A resolution extending the privileges of the floor to Hon. Herman Subotnick and Hon. W. A. Sumner of Swainsboro, Ga.

THURSDAY, MARCH 18, 1937.

1885

By Senator Forrester of the 44th District-
A resolution extending the privileges of the floor to Hon. Lenton Allison and Hon. Roy Moore of Dade County.

By Senator Allen of the 31st District-
A resolution extending the privileges of the floor to Hon. C. C. Kimsey, Hon. W. T. Brewer, Hon. Don. Stambaugh, Hon. Oscar E. Flor and Hon. Frank Gabrels of Habersham County.

Senator Flynt of the 26th District moved that the Senate

do now adjourn and the motion prevailed.



Senator Harrison of the 17th District asked unanimous consent that when the Senate adjourn today it stand adjourned until tomorrow at 9:30 o'clock, A.M. The consent was granted.

The President announced that the Senate stood adjourned until tomorrow at 9:30 o'clock, A. M.

1886

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA., FRIDAY, MARCH 19, 1937.
The Senate met, pursuant to adjournment, at 9:30 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by Senator Millican of the 35th District.
Senator McKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
The following resolution of the Senate was read and adopted:
By Senator Atkinson of the 1st DistrictSenate Resolution No. 98. A resolution providing for a
joint session of the General Assembly to hear His Excellency, Governor George H. Earle of Pennsylvania, address the body; also to provide for a joint committee of escort.

FRIDAY, MARCH 19, 1937.

1887

The President appointed as a Committee of Escort on the part of the Senate the following:

Senators Atkinson of the 1st District and Pope of the 7th District.

The following resolution of the Senate was read the first time and ordered to lie on the table for one day:

By Senators Jackson of the 14th District and Patten of the 6th District-
Senate Resolution No. 99. A resolution requesting the State Superintendent of Schools to carry out the mandate of the Law as per authority vested in Section 32-507 of the 1933 Code.

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

By Senator Atwood of the 2nd District-
Senate Bill No. 258. A bill to amend Section 45-308 and Section 45-310 of the 1933 Code providing for open season for hunting and killing deer and wild turkeys from November 1st through December 31st, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Millican of the 35th District-
Senate bill No. 259. A bill to authorize street railways to be substituted by trackless trolleys, and for other purposes.
Refetred to Committee on General Judiciary No.2.

By Senator Johnson of the 42nd District-
Senate Bill No. 260. A bill to provide that the practice of going upon private property for the purpose of soliciting

1888

JouRNAL OF THE SENATE,

orders for the sale of goods, etc, shall not he a nuisance, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senators Millican of the 35th District, Terrell of the 19th District, Shedd of the 3rd District, Williams of the 5th District, and Purdom of the 46th District-
Senate Bill No. 261. A hill to provide for the designation of persons to act in lieu of the Comptroller General and the State Treasurer in cases where they respectively by reason of providential cause become unable to perform the duties of their offices, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Atkinson of the 1st District-
Senate Bill No. 262. A bill to authorize Commissioners of Chatham County to create a pension board, and for other purposes.
Referred to Committee on Pensions.

Senator Phillips of the 29th District, Chairman of the

Committee on Highways and Public Roads, submitted the

following repot t:



Mr. President:

I'

Your Committee on Highways and Public Roads has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 774.

House Bill No. 391.

House Bill No. 745.

FRIDAY, MARCH 19, 1937.

1889

House Bill No. 681. House Bill No. 331. House Bill No. 719. House Bill No. 613. House Bill No. 699. House Bill No. 734. House Bill No. 724. House Bill No. 765. Senate Bill No. 257.

Respectfully submitted,

PHILLIPS, Chairman.

Senator Phillips of the 29th District, Vice-Chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic has had under
consideration the following bills of the House and Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 295 do pass, as amended.
House Bill No. 147 do pass, as amended.
Senate Bill No. 249 do pass.
Respectfully submitted,
PHILLIPS, Vice-Chairman.

1890

JouRNAL oF THE SENATE,

Senator Peterson of the 15th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 320.
Respectfully submitted,
PETERSON, Chairman.

Senator Aultman of the 23rd District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 438.
Respectfully submitted,
AuLTMAN, Chairman.

Senator McCutchen of the 43rd District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. President:
Your Committee on University System of Georgia has had under consideration the foflowing bill of the House and has

FRIDAY, MARCH 19, 1937.

1891

instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 137. Respectfully submitted,
McCuTCHEN, Chairman.

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bill of the House and has instrl}cted me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 250.
Respectfully submitted,
CHASON, Chairman.
Senator Hardman of the 33rd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President: Your Committee on Industrial Relations has had under
consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 185.
Respectfully submitted,
HARDMAN, Chairman.

1892

JouRNAL OF THE SENATE,

Senator Peebles of the 18th District, ChaiFman of the Com'mittee on Municipal Government, submitted the following report:

Mr. President: Your Committee on Municipal Government has had under
consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 555 do pass, by substitute.
House Bill No. 769 do pass.
House Bill No. 697 do pass.
House Bill No. 665 do pass. House Bill No. 797 do pass. House Bill No. 796 do pass. House Bill No. 803 do pass. House Bill No. 807 do pass.
Respectfully submitted,
PEEBLES, Chairman.

Senator Atkinson of the 1st District, Vice-Chairman of the Committee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 427. Respectfully submitted,
ATKINSON, Vice-Chairman.

FRIDAY, MARCH 19, 1937.

1893

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President: Your Committee on Hygiene and Sanitation has had under
consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 524.
Respectfully submitted,
CHASON, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on Finance has hl'!.d under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 644.
Senate Bill No. 243.

Respectfully submitted, ENNIS, Chairman.

Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:

Mr. President:
Your Committee on Uniform Laws has had under consideration the following bill of the House and has instructed

1894

JouRNAL oF THE SENATE,

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 735.
Respectfully submitted, BRocK, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on Finance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Sen'ate Bill No. 256.
Respectfully submitted,
ENNIS, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, by substitute:
House Bill No. 725.
Respectfully submitted,
SHANNON, Chairman.

FRIDAY, MARCH 19, 1937.

1895

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman:, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 551. House Bill No. 708.

Respectfully submitted, jACKSON, Chairman.

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary has had under con-
sideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 255.
Respectfully submitted, ALLEN, Chairman.

Senator Moye of the 11th District, Chairman of the Committee on Training Schools, submitted the following report:

Mr. President:
Your Committee on Training Schools has had under consideration the following bill of the House and has in-

1896

JouRNAL OF THE SENATE,

structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 633.
Respectfully submitted,
MovE, Chairman.
The following message was received fro~ the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has adopted the following resolution of the Senate:

By Senator Atkinson of the 1st District-
Senate Resolution No. 98. A resolution providing for a joint session at 12:30, P. M., today to hear an address by the Governor of Pennsylvania.
The Speaker has appointed as a Committee of Escort on the part of the House the following members of the House, ta-wit:
Messrs. Todd of Glascock,
Williams of Jones, and Tapp of Gwinnett.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on

FRIDAY, MARCH 19, 1937.

1897

the part of the Senate on House Bill No. 26, the following members of the House, ta-wit:

Messrs. Lanier of Richmond, McGraw of Meriwether, and Clements of Wheeler.

On House Bill No. 169, Labor Bill, the following members: Messrs. Houze of Lowndes, Bennett of Ware, and Turner of DeKalb.

On House Bill No. 723, Wine Tax Bill, the following members:
Messrs. Chappell of Sumter, Freeman of Bibb, and Carmichael of Cobb.
The following bills of the House, favorably reported by the committees, were read the second time:

By Mr. Almand of Walton-
House Bill No. 147. A bill to amend an Act to simplify operations of the executive branch of the State Government, and for other purposes.

By Messrs. Almond of Walton, Perry of Worth, Lanier of Richmond, and Zellner of Monroe-
House Bill No. 250. A bill to provide for the chartering of non-profit corporations to be organized for the purpose of furnishing Group Hospitalization Service, and for other purposes.

1898

JouRNAL oF THE SENATE,

By Mr. Sutton of Wilkes-
House Bill No. 320. A bill to amend Section 100-101 of the 1933 Code by adding the town of Tignall to the list of State Depositories, and for other purposes.

By Messrs. Erwin of Lamar and Harvey of Upson-
House Bill No. 331. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Moore of Taliaferro and Brooks of Oglethorpe-
House Bill No. 391. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 555. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 613. A bill to amend Section 36-1001 of the 1933 Code so as to permit condemnation of private property for public roads to a width of 200 feet at the base, and for other purposes.

By Mr. Taunton of Taylor-
House Bill No. 665. A bill to consolidate and codify the Acts incorporating the City of Butler, and for other purposes.

By Mr. Herndon of Hart-
House Bill No. 681. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

FRIDAY, MARCH 19, 1937.

1899

By Messrs. Todd of Glascock, Pilcher of Warren, and McCracken of Jefferson-
House Bill No. 699. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for othet: purposes.

By Messrs. Campbell of Newton, Key of Jasper, and Batchelor of Putnam-
House Bill No. 719. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Dukes and Scruggs of Washington and McCracken of Jefferson-

House Bill No. 724. A bill to amend the Highway Mile-

age Act by adding a road to the State Aid System, and for

other purposes.



By Mr. Vickery of Charlton-
House Bill No. 734. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 524. A bill to amend Section 84-1319 of the 1933 Code relating to the annual registration of pharmacists, and for other purposes.

By Messrs. Candler, Turner, and Sams of DeKalb-
House Bill No. 551. A bill to amend an Act of 1890-1, page 223, providing for the appointment of special criminal bailiffs in certain counties, and for other purposes.

By Messrs. Candler of DeKalb and Freeman of BibbHouse Bill No. 633. A bill to amend an Act establishing

1900

JouRNAL oF THE SENATE,

the Georgia Training School for Girls, by locating a division thereof in Bibb County, and for other purposes.

By Messrs. Ennis and Moore of Baldwin-
House Bill No. 644. A bill to require payment of fees of Clerks and Sheriffs of the Superior Court in divorce cases in certain counties, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 708. A bill to require coroners in certain counties to select as one of the jurors for every inquest a competent stenographer, and for other purposes.

By Messrs. Perry and Houston of Worth-
House Bill No. 735. A bill to amend an Act abolishing a fee system now existing in the Superior Courts of the Tifton Judicial Circuit, as applied to the office of Solicitor-General, and for other purposes.

By Messrs. Tate of Pickens, Wilson of Murray, and Ellington of Gilmer-
House Bill No. 745. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Williams of Jones, Moore and Ennis of Baldwin, Weaver, Freeman, and Horne of Bibb-
House Bill No. 765. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 769. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

FRIDAY, MARCH 19, 1937.

1901

By Messrs. Moore of Lumpkin and Dugas of White-
House Bill No. 774. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 796. A bill to amend an Act incorporating the Town of Waynesboro, and for other purposes.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 797. A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Burke County, and for other purposes.

By Mr. Hayes of Miller-
House Bill No. 803. A bill to amend the charter of the City of Colquitt, and for other purposes.

By Messrs. Cochran and Edwards of Thomas-
House Bill No. 807. A bill to amend the charter of the City of Thomasville, and for other purposes.

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

By Senators Ennis of the 20th District, Atkinson of the 1st District, and Spivey of the 16th District-
Senate Bill No. 243. A bill to increase the revenue of the State without levying additional taxes by providing that commissions allowed Tax Commissioners and other officers for services rendered by the State shall be retained by them as their compensation, and for other purposes.

By Senator Ennis of the 20th DistrictSenate Bill No. 256. A bill to amend an Act relating to a
,

1902

JouRNAL OF THE SENATE,

tax on county or municipal fairs conducted by organizations designed solely to advance and promote farming and livestock, and for other purposes.

By Senator Thrasher of the 27th District-
Senate Bill No. 25.7. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

Senator Almand of the 50th District asked unanimous consent that Senate Resolution No. 95, as follows, be withdrawn from committee, read a second time, and recommitted to the committee:

By Senator Almand of the 50th District-
Senate Resolution No. 95. A resolution requesting the State Librarian to furnish certain books to the Superior Court of Clarke County, and for other purposes.
The consent was granted, the resolution read a second time, and recommitted to the Committee on Public Library.

Senator Millican of the 35th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Motor Vehicles, read a second time, and recommitted to the committee:

By Mr. Pound of Hancock and others-
House Bill No. 321. A bill to provide for the levy of an additional special tax to be known as a maintenance tax to be paid by owners of motor buses, trucks and/or trailers, and for other purposes.
The consent was granted, the bill read a second time, and recommitted.
Senator Harrell of the 12th District asked unanimous consent that the Secretary of the Senate be authorized and in-

FRIDAY, MARCH 19, 1937.

1903

structed to have 100 copies of House Bill No. 321 as amended by the committee, upon being reported by the committee, printed for the use of the members of the Senate. The consent was granted.

Senator Harrell of the 12th District asked unanimous con, sent that the Secretary of the Senate be authorized and in-
structed to have 100 copies of House Bill No. 427 printed for the use of the members of the Senate. The consent was granted.

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

By Senator Spivey of the 16th District-
Senate Bill No. 254. A bill to submit to the voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the State Constitution so as to authorize the City of Swainsboro to issue refunding bonds; to make temporary loans; and for other purposes.
Senator Spivey of the 16th District offered the following amendment to Senate Bill No. 254:
1 o amend by striking the words "City of Swainsboro" wherever same appear in the bill and caption and inserting in lieu thereof the words "City Council of the City of Swainsboro."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill3 was agreed to, as amended.
On the passage of the bill, as amended, it being a proposed amendment to the Constitution of the State of Georgia, the roll was called and the vote was as follows:

1904

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allen Atkinson Atwood Aultman Brock Burrell Ohason Olements Ennis Flynt Forrester Fowler Greer

Griner Hampton Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb McKenzie

Millican Moye Peebles Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 39, the nays 0.

The bill having received the requisite two-thirdsconstitutional majority was passed, as amended.

Not voting were: Senators Almand of the 50th District, Burgin of the 24th District, Lindsay of the 34th District, McCutchen of the 43rd District, Neely of the 36th District, Patten of the 6th District, Peterson of the 15th District, Phillips of the 29th District, Pope of the 7th District, Sammon of the 51st District, and Walker of the 28th District.

The bill as passed read as follows:

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City Council of the City of Swainsboro to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of January 1, 1937. And which becomes due up to and including May 1, 1938; to provide that the funds raised from such additional bonded in-

FRIDAY, MARCH 19, 1937.

1905

debtedness shall be used exclusively for the retirement o( said bonded indebtedness that is or may become due and unpaid as of May 1, 1938; to authorize the City of Swainsboro to make temporary loans and to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must he paid off out of revenue received by the City of Swainsboro in the year in which said loans were made; to authorize the City of Swainsboro to issue notes or debt certificates for the" retirement and payment of the deficit and cunent indebtedness of the City Council of the City of Swainsboro; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article seven, Section seven, Paragraph one, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, ta-wit:
"And except that the City Council of the City of Swainsboro may issue refunding serial bonds not in excess of the aggregate sum of $15,000.00 for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid on January 1, 1937, and any bonded indebtedness of said City outstanding and which becomes due up to and including May 1, 1938, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City Council of the City of Swainsboro to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of May 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council, and shall be validated.
"And except that the City Council of the City of Swain~

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boro, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st of each year, to be paid out of the revenues received by the city in that year, said loans to be evidenced by promissory notes signed by the Mayor and Chairman of the Finance Committee of the City Council of the City of Swainsboro and previously authorized by resolution approved by a majority vote of the Mayor and City Council of the City of Swainsboro at a regular meeting and entered on the minutes of the Council. The Aggregate amount of said loans outstanding at any one time shall not exceed fifty per cent of the total gross receipts of the City Council of the City of Swainsboro from ad valorem taxes in the preceding year, and no new loans shall be made in any year until all loans made in previous years have been paid in full, provided, the failure to pay said loan out of the revenues received by the city in the year the loan is made shall not affect the obligation of the city to pay said loan.

"And except, also, that the City Council of the City of Swainsboro, by a majority vote of the Mayor and City Council, may issue notes or debt certificates, to be executed by the Mayor and Chair:man of the Finance Committee, for the retirement and payment of the deficit and current indebtedness of the City of Swainsboro as the same may be at the date of such issues, provided such issues be prior to January 1, 1938. Such notes or debt certificates may be issued in such denominations with interest and fall due at such times as the Mayor and City CounCil may fix, not to exceed five years from the date of their issue."

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by twothirds vote of the members 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, at which proposed amendments to the Constitution

FRIDAY, .MARCH 19, 1937.

1907

of this State may be voted on, and shall, at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment; of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City Council of the City of Swainsboro to issue refunding bonds, to make temporary loans and to retire current deficit," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City Council uf the City of Swainsboro to issue refunding bonds, to make temporary loans and to retire current deficit," 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 tesults shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as ptovided by law.

Section 3. 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 has passed by the requisite constitutional ma-
jority the following bills and/or resolutions of the House, to-wit:
By Mr. Williams of JonesHouse Resolution No. 166-610. A resolution that the

1908

JOURNAL OF THE SENATE,

General Assembly appropriate a certain sum to pay an obligation to the Bank of Gray.

By Messrs. Brooks of Jackson, Hamby of Rabun, Barnard of Towns, and Wages of Jackson, and many others-
House Bill No. 440. A bill to be entitled an Act to amend an Act empowering the Board of Regents to make certain changes in the University System of Georgia in the interest of economy, so as to except from the power of said Regents the power to abolish or suspend the 9th District Junior College, and for other purposes.

By Messrs. Sanders of Coweta and Sutton of Wilkes-
House Bill No. 642. A bill to be entitled an Act to amend Code Section 56-224 relating to investments by insurance companies, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and/or Senate, ta-wit:

By Mr. Goff of Tift-
House Bill No. 806. A bill to be entitled an Act entitled "An Act to create a Board of Commissioners in and for the County of Tift," and for other purposes.

By Messrs. Bennett and Spence of Ware--
House Bill No. 813. A bill to be entitled an Act to amend the charter of Waycross, by providing that the terms of M. M. Monroe and Everett Beaton as City Commissioners shall expire Jan. 1, 1938, and for other purposes.

FRIDAY, MARCH 19, 1937.

1909

By Messrs. Phillips and Palmour of Hall-
House Bill No. 822. A bill to be enti tied an Act to amend the charter of the City of Gainesville, and for other purposes.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 823. A bill to be entitled an Act creating .a Board of Commissioners of Roads and Revenues in Hall County, and for other purposes.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 825. A bill to be entitled an Act to reduce the bond of the Sheriff of Lowndes County, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 97. A bill to be entitled an Act to amend Article 11, Section 1, of the Constitution of this State establishing and administering the County of DeKalb districts for fire prevention, sanitation, etc., and for other purposes.

The House has passed, as amended, the following bills of the Senate, ta-wit:

By Senators .Aultman of the 23rd District, Forrester of the 44th District, and Holmes of the 22nd District-
Senate Bill No. 30. A bill to be entitled an Act to amend Chapter 92-82 (Purchase by counties at tax sales) Section 92-8201 thereof (Counties may buy property sold under tax executions) of the Code of Ga. of 1933, by adding at the end of said section a clause permitting the county authorities not to pay State and School taxes in buying such property.

By Senator Lindsay of the 34th DistrictSenate Bill No. 123. A bill to be entitled an Act to

1910

JOURNAL OF THE SENATE,

create a Civil Service Board in cities having a certain population; provide a civil service system relative to officers, and men in Fire Departments in such cities; 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 and/or Senate, to-wit:

By Fulton Delegation-
House Resolution No. 169-619a. A resolution giving the consent of the State of Georgia to the City of Atlanta to construct an underpass on W. & A. property.

By Mr. Harrell of Irwin-
House Resolution No. 652. A resolution appropriating a sum to Jefferson Davis Memorial Park.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 749. A bill to be entitled an Act to regulate the payment of compensation to the official court reporters, and for other purposes.

By Mr. McCracken of Jefferson-
House Bill No. 781. A bill to be entitled an Act to provide that persons handling food shall bear health certificates.

By Messrs. Gross of Stephens and Whipple of Bleckley-
House Bill No. 782. A bill to amend an Act entitled an Act to authorize and empower any county school district, local

FRIDAY, MARCH 19, 1937.

1911

school district, consolidated school district in which a local tax is now or may hereafter be levied for school purposes to refund outstanding bonded indebtedness, and for other purposes.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 791. A bill to be entitled an Act to amend an Act of 1919 creating Lula School District in Hall County, and for other purposes.

By Messrs. Mundy and Trippe of Polk-
House Bill No. 798. A bill to be entitled an Act to create a new city of Cedartown, and for other purposes.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 805. A bill to be entitled an Act to create a new charter for Dublin, Ga.
The House has adopted, as amended, the following resolution of the Senate, to-wit:

By Senator Pruett of the 32nd District-
Senate Resolution No. 34. A resolution proposing to the voters of Georgia for ratification or rejection an amendment to the Constitution providing how and for what purposes taxation may be exercised so that provisions may be made for the payment of pensions to widows of confederate soldiers who were married prior to the first day of January, 1910.

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

Mr. President:
The House has disagreed to the Senate substitute to .the following bill of the House:

1912

JouRNAL oF THE SENATE,

By Mr. Parker of Colquitt-
House Bill No. 161. A bill to be entitled an Act to repe.al an Act approved August 27, 1931, and Code Section 67-107 of the Code of 1933, and for other purposes.

By Senators Williams of the 5th District, Atkinson of the 1st District, Spivey of the 16th District, Purdom of the 46th District, and Almand of the 50th District-
Senate Bill No. 6. A bill to amend the Code of 1933 relating to non-profit marketing associations under the Act of 1921, so as to require petitions for articles of incorporation of such associations to state the names and addresses of the proposed directors for the first term and until the election of their successors, and for other purposes.
The committee offered the following substitute for Senate Bill No. 6:

A BILL
A bill to be entitled an Act to amend Sections 65-203, 65-204, 65-207, 65-213, and 65-214 of the Code of Georgia of 1933, relating to non-profit cooperative marketing associations under the Act of 1921, so as to require petition for articles of incorporation of such associations to state the names and addresses (not less than five) of the proposed directors for the first term and until the election of their successors; to authorize the inclusion and effect of additional provisions in petitions for articles of incorporation; to provide that a majority of a quorum of the members attending a meeting after notice may amend the articles of incorporation and may adopt or amend the by-laws, to authorize such associations to engage in any activity in connection with producing and the prevention of soil erosion; to authorize such associations to purchase, hold, own, transfer, or sell stock or bonds of corporations or associations engaged in financing the associations; and for other purposes.

FRIDAY, MARCH 19, 1937.

1913

.Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:

Section 1. That Section 65-203 of the Code of Georgia of 1933 be amended by striking therefrom the paragraph designated (e), and by inserting in lieu thereof the following:
"(e) The names and addresses (not less than five) of those who are to serve as directors for the first term or until the election of their successors."
and by adding to the said section, between the paragraph designated (g) and the last paragraph of said section, the following new paragraph:
"In addition to the foregoing, the petition for articles on incorporation may contain any provision consistent with law with respect to management, regulation, government, financing, indebtedness, membership, the establishment of voting districts and the election of delegates for representative purposes, the issuance, retirement and transfer of its stock, if formed with capital stock, or any provisions relative to the way or manner in which it shall operate with respect to its members, officers, or directors, and any other provisions relating to its affairs; provided that nothing so set forth shall be construed as limiting any of the rights or powers otherwise given to such associations."

Section 2. That Section 65-204 of the Code of Georgia of 1933 be amended by striking therefrom the second sentence thereof and by substituting in lieu thereof the following:
"An amendment must first be approved by two-thirds of the directors and then adopted by a vote representing a majority of a quorum of the members attending a meeting of which notice of the proposed amendment shall have been given."

1914

JouRNAL oF THE SENATE,

Section 3. That Section 65-207 of the Code of Georgia of 1933 be, and the same is, hereby amended by striking the second sentence from the first paragraph thereof and by inserting in lieu thereof the following:
"A majority vote of a quorum of the members or stockholders attending a meeting, of which notice of the proposed by-law or by-laws shall have been given, is sufficient to adopt or amend the by-laws."

Section 4. That Section 65-213 of the Code of Georgia of 1933 be, and the same, is hereby amended by adding to the paragraph thereof designated (a), between the words "the" and "marketing" in the first line, the words "with the terracing of lands" and a comma; by inserting in line 6 of paragraph (a) of section, after the semicolon following the word "equipment," the following:
"Or in connection with the prevention of soil erosion." and by adding at the end of paragraph (d) of said section the words "or engaged in financing of the association."

Section 5. That Section 65-214 of the Code of Georgia of 1933 be, and the same is, hereby amended by inserting therein between the words "the" and "marketing" the words "with terracing of land" and a comma, and by inserting in line six of said Section after the semicolon following the word "supplies" the following:
"Or in connection with the prevention of soil erosion."

Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 26, the nays 0.

FRIDAY, MARCH 19, 1937.

1915

The bill having received the requisite constitutional majority was passed, by substitute.

By Senators Jones of the 38th District, Sutton of the 47th District, and Griner of the 45th District-
Senate Bill No. 217. A bill to amend Section 68-301 of the 1933 Code which provides the speed of motor vehicles, and for other purposes.
Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 217:
To amend by striking Section 1 of said bill and inserting in lieu thereof the following:

Section 1. That Section 1 of Code Section 68...301 be amended as follows:
By inserting in said Section after the semicolon following the word "whatsoever" the following words: "no automobile shall he operated at a speed greater than sixty miles per hour on any street or highway of this State except in an emergency. It shall be the duty of the State Highway Patrol authorities to mark the highways where the maximum speed is allowed."
Also to amend by striking the words "except as provided in this Section" after the word "but."
The amendment was adopted.
Senator Pope of the 7th District offered the following amendment to Senate Bill No. 217:
To amend Section 1 of said bill by adding at the end of Section 1 the following: "Provided however that motor vehicles of gross weight including load of 16,000 pounds or more shall not be operated at a speed greater than 35 miles

1916

JouRNAL OF THE SENATE,

per hour provided such vehicle is equipped wtih pneumatic tires."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 30, the nays 2.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Lindsay of the 34th District moved that Senate Bill No. 217 be immediately transmitted to the House and the motion prevailed.

By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 241. A bill to declare the necessity of creating public bodies to be known as housing authorities to undertake slum clearance, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 242. A bill to authorize cities, towns, counties and other public bodies to aid housing projects, and for other purposes:
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 19, 1937.

1917

On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Patten of the 6th District-
Senate Bill No. 198. A bill to amend Section 32-1008 of the 1933 Code relating to the removal of County School Superintendents, and for other purposes.

Senator Patten of the 6th District offered the following amendment to Senate Bill No. 198:
To amend by striking the words "from which removed by the county board of education" wherever same appear on pages 2 arid 4 of said bill, and inserting in lieu thereof the following: "for the unexpired term."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended..
On the passage of the bill, as amended, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senators Atkinson of the 1st District, Lindsay of the 34th District, Purdom of the 46th District, and Spivey of the 16th District-
Senate Bill No. 249. A bill to establish the Georgia Radio Commission, and for other purposes.

Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 249:
To amend Section 6 as follows: By adding at the end of said paragraph the following sentence: "The Commission

1918

JouRNAL OF THE SENATE,

shall have the power to make such arrangements as to them seems proper to prevent any actual loss to any persons or corporations now operating said Station W. G. S. T. whether the contract be valid or invalid but the matter is purely discretionary with the commission."
To further amend by adding at the end of Section 10 the following words: "But in naming said station the said commission shall preserve the identity of the Georgia School of Technology to which said station was donated."
The amendments were adopted.

Senator Millican of the 35th District offered the following amendment to Senate Bill No. 249:
To further amend by adding to Section 8, lines 9 and 10 after the word "Commission... the following words "credited to the Georgia School of Technology to be used by that institution."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The President named the following as members of the Conference Committees on the following bills of the House, to-wit:

By Messrs. Harris, Lanier, and Barrett of Richmond, and others-
House Bill No. 26. A bill known as the Homestead exemption Act.

FRIDAY, MARCH 19, 1937.

1919

Senators Patten of the 6th District, Purdom of the 46th District, and Senator Millican of the 35th Distrct.

By Mr. Carmichael of Cobb and othersHouse Bill No. 723. A bill known as the Wine License
Act.
Senators Pope of the 7th District, Atkinson of the 1st District, and Patten of the 6th District.

By Messrs. Kendrick of Fulton and Lanier of RichmondHouse Bill No. 169. A bill known as the Commissioner
of Labor Act.
Senators Lindsay of the 34th District, Atkinson of the 1st District, and Hardman of the 33rd District.
Senator Peebles of the 18th District asked unanimous consent that House Bill No. 705 be recommitted to the Committee on Municipal Government, and the consent was granted.

By Senator Almand of the 50th District-
Senate Bill No. 21. A bill to repeal an Act which relates to the unlawful sale of planting seed within the State, and for other purposes.
The committee offered the following substitute for Senate
Bill No. 21:

1920

JouRNAL oF THE SENATE,

A BILL
To be entitled, An Act to repeal an Act, No. 290 (Georgia Laws 1935, page 460), approved March 26, 1935, "Planting Seed; Unlawful Sales", in its entirety, which said Act to be repealed relates to the unlawful sale of planting seed within the State, and to substitute therefor the following, to-wit:

GEORGIA PURE SEED LAW
An Act to regulate the selling, offering or exposing for sale . all Agricultural and vegetable seeds, defining same; providing for inspection thereof and fixing penalties for violation of this Act; Naming the enforcing agent and prescribing his duties, and repealing all laws or parts of laws in conflict with this Act.
Section 1. Be it enacted by the Legislature of the State of Georgia, That the term "agricultural seeds" as used in this Act shall be defined as the seeds of cotton, corn, melons, small grains, beans, peas, sorghums, peanuts, vetch, clovers, alfalfa, grasses, and any and all other plants (except potatoes and sweet potatoes), grown on field scale for grain, hay, fibre, or any other purpose, which are sold, offered or exposed for sale within this State for seeding purposes within this State; while the term "vegetable seeds" shall include the seeds of those crops that are generally grown in Georgia on garden scale and generally known and sold under the name of "vegetable seeds."

LABEL FOR AGRICULTURAL SEEDS.
Section 2. Every lot of agricultural seeds, as defined in Section 1 of this Act, except as herein otherwise provided, when in bulk, packages, or other containers of five pounds or more, shall have affixed thereto a plainly written or printed tag or label in the English language, stating:

FRIDAY, MARCH 19, 1937.

1921

(a) Commonly accepted name and variety of such agricultural seeds and the net weight thereof.
(b) The approximate percentage by weight of purity, meaning the freedom of such agricultural seeds from inert matter and from other seeds.
(c) The approximate total percentage by weight of weed seeds.
(d) The name and approximate number per ounce of each kind of the seeds or bulblets or tubers of noxious weeds as herein defined which are present, singly or collectively, as follows:
(1) In excess of one seed or bulblet or tuber in each five grams of the seeds of alfalfa, clovers, and grasses similar in size to alfalfa; (2) one in twenty-five grams of millets, rape, flax and other seeds not specified in (1) or (3) of this subsection; (3) one in one hundred grams of wheat, oats, rye, vetches and other seeds as large or larger than wheat.
For the purpose of this Act, noxious weed seeds or bulblets or tubers are defined as the seeds or bulblets or tubers of wild onion, Bermuda grass, Johnson grass, Dodder, hawkweed, Tie vine, Nut grass or cocoa grass, coffee weed, ragweed, thistle, rough pig weed, and of any other plant which may hereafter be designated as a noxious weed by the Commissioner of Agriculture.
(e) The approximate percentage of germination of such agricultut:al seeds together with the month and year said seed was tested, provided no seed shall be sold with a test date of more th.an 180 days prior to date of sale.
(f) Where such agricultural seeds were grown, if known.
(g) The full name and address of the person assuming the responsibilities under the conditions of this Act for the information placed on the tag or label as required by this Act.

1922

JouRNAL OF THE SENATE,

MIXTURES OF AGRICULTURAL SEEDS.
Section 3. Mixtures of agricultural seeds which contain two or more kinds of such seeds in excess of five per cent by weight of each, shall have affixed thereto, a plainly written or printed tag or label, in the English language, stating:
(a) That such seed is a mixture, together with the net weight thereof.
(b) The name and approximate percentage by weight of each kind of agricultural seed present in such mixture in excess of five per cent (5%) by weight of the total mixture.
(c) The approximate total percentage by weight of weed seeds.
(d) The name and approximate number per ounce of each kind of the seeds or bulblets or tubers of the noxious weeds set forth in Section 2 (d) of this Act which are present singly or collectively in excess of one seed or bulblet or tuber in each fifteen (15) grams of mixtures.
(e) The approximate percentage of germination of each kind of agricultural seed present in such mixture in excess of five per cent (5%) by weight, together with the month and year said seed was tested, provided no seed shall be sold with a test date of more than 180 days prior to date of sale; tOgether with the requirements as set forth in Section 2, subsections (f) and (g).

Section 4. The word "approximate" as used in this Act ahall be defined in the rules and regulations provided for in this Act, by the Commissioner of Agriculture, who may be guided by the "Rules and Methods of Testing" adopted and approved by the Association of Official Seed Analysts of North America.

Section 5. No statements regarding the quality of such agricultural seeds or mixtures, if inconsistent with the requirements of this Act, shall be written or printed on the tag

FRIDAY, MARCH 19, 1937.

1923

or label, or placed inside, or affixed to any container or bulk of agricultural seeds or mixtures sold, offered or exposed for sale or distribution or held in possession with intent to sell within this State, or shipped from one point within this State to another point within this State, for seeding purposes within this State.

LABELS FOR VEGETABLE SEEDS.
Section 6. Each separate container of vegetable seeds sold, offered or exposed for sale within this State for seeding purposes shall be clearly and plainly labeled in the English language as follows:
(a) The kind of seed and the variety.
(b) The name and address of the person or firnf who put up or packeted the seeds and labeled the same.

SEEDS EXEMPTED.
Section 7. Agricultural seeds or mixtures of same and vegetable seeds shall be exempt from the provisions of this Act:
(a) When possessed, exposed for sale, or sold for food or feed purposes only.
(b) When sold to merchants, firms, corporations, or cooperative associations, or when in store to be recleaned and labeled in accordance with the provisions of this Act before being sold or exposed for sale for seeding purposes provided that such seeds shall be tagged or labeled "To be Recleaned or Tested."
(c) When such seed are sold by the grower who is not a buyer and seller of seed.
(d) No label shall be required unless requested by the purchaser, on agricultural seeds;mixtures of same, and vegetable seeds, when such seeds are sold directly to .and in the pres-

1924

JouRNAL oF THE SENATE,

ence of the purchaser, and taken from a container labeled in accordance with this Act.

CERTAIN SEED MAY BE WITHDRAWN.
Section 8. Seed not having a reasonable viability, or that are extremely impure, notwithstanding that they may be properly labeled, shall be withdrawn from sale when, in the opinion of the Commissioner, such withdrawal is in the interest of normal crop production.
COMMISSIONER OF AGRICULTURE TO ENFORCE.
Section 9. The duties of enforcing this Act and carrying out its provisions and requirements shall be vested in the Commissioner of Agriculture, and the said Commissioner shall have authority to establish rules and regulations not inconsistent with the provisions of this Act. Said Commissioner may make use of other employees of the State Department of Agriculture. The said Commissioner shall maintain a seed laboratory such as may be deemed necessary.

DUTY OF COMMISSIONER.
Section 10. It shall be the duty of said Commissioner, either by himself or his duly authorized agents, to inspect, examine and make analysis of and test any agricultural seeds and mixtures of same and vegetable seeds sold, offered or exposed for sale within this State for seeding purposes, at such time and place, and to such extent as he may determine, and shall have free access at all reasonable hours to any premises or structures to make examination of any such agricultural seeds and mixtures of same and vegetable seeds, whether such seeds are upon the premises of the owner or consignee of such seeds or on the premises or in the possession of any warehouse, elevator, railway or steamship company, truck line, or other public or private carrier, and he is

FRIDAY, MARCH 19, 1937.

1925

hereby given authority in person or by his agents, upon notice to the dealer, his agent or the representative of any warehouse, elevator, railway or steamship company, truck line, or other public or private carrier, if present, to take for analysis a composite sample of such seeds, said sample shall be thoroughly mixed and two official samples taken therefrom and securely sealed. One of these samples ~hall be left with or on the premises of the vender or party of interest, and the other retained by said commissioner or agent for analysis or testing. In case a sample drawn as provided herein upon test or analysis is found to fall below the statement on the tag or label attached to the lot from which sample was secured, or to violate any of the provisions of this Act, the vendor or consignee of said lot of seed shall be notified and a copy of said notice mailed to the person, firm or corporation whose tag or label was found affixed thereto. The Commissioner of Agriculture, in his discretion, shall publish the results of the examination, analysis or test of any seed sampled under this Act, together with any other information he may deem advisable.

Section 11. It shall be unlawful for any seedsman or dealer to sell, distribute, offer or expose for sale or distribution in this State, any agricultural seed or mixture thereof or vegetable seed as defined in Section 1 of this Act, without first securing a permit approved by the Commissioner of Agriculture. Such permit shall be renewed annually, and may be revoked for cause by the Commissioner of Agriculture. The said Commissioner of Agriculture shall charge a registration fee of one dollar ($1.00) annually for each se@dsman so registering and twenty-five (25) annually for each agent, dealer, or representative of such seedsman or dealer doing business in Georgia.
Provided that the term "seedsman or dealer" as used in this Section shall be defined as a person, firm or corporation engaged in the buying, selling, exchanging, offering or exposing for sale of any agricultural seed or mixtures thereof,

1926

JouRNAL oF THE SENATE,

or vegetable seeds; and the said term "seedsman or dealer" shall apply to a grower engaged in growing, buying and selling agricultural seeds as defined by this Act and the said term "seedsman or dealer" shall not apply to a grower selling agricultural seed of his own production who is not engaged in buying and selling seed.

SEEDS MAY BE SEIZED.
Section 12. The Commissioner of Agriculture may cause to be seized and held any lot of agricultural seeds or mixtures of same, or vegetable seeds, found to violate any of the provisions of this Act until the law has been complied with and said violation otherwise legally disposed of.

VIOLATION DECLARED UNLAWFUL.
Section 13. It shall be unlawful. for any person, firm or corporation, to sell, offer or expose for sale within this State any agricultural seeds. or mixtures of agricultural seeds, or vegetable seeds, as defined in this Act, for seeding purposes within this State without complying with the requirements of this Act, or falsely to mark or label any agricultural seeds, or mixtures of agricultural seeds, or vegetable seeds, or to interfere in any way with the Commissioner or his agents in the discharge of the duties herein named.

PENALTIES, PROSECUTIONS, HEARINGS.
Section 14. Every violation of the provisions of this Act shall be deemed a misdemeanor punishable by a fine of not more than one hundred ($100.00) dollars, and if the Commissioner of Agriculture shall find upon examination, analysis or test, that any person, firm or corporation has violated any of the provisions of this Act, he or his duly authorized agent or agents may institute proceedings in a court of competent jurisdiction to have such person, firm or corporation convicted therefor, or the said Commissioner may, in his discretion, report the results_ of such examination to the district

FRIDAY, MARCH 19, 1937.

1927

attorney or county attorney having jurisdiction, together with such other evidence of said violation as he shall deem necessary, and any certificate of such analysis, examination or test, properly certified by affidavit of said analyst herein provided for, shall be competent evidence in any court of this State. It shall be the duty of said district attorney or county prosecuting attorney to institute proceedings at once against the person, or persons, firms or corporations, charged with such violation. Provided, however, that no prosecution under this act shall be instituted except in the manner following: When the Commissioner of Agriculture finds that the Act has been violated, he shall give notice to the person or firm in whose hands the seed was found, designating a time and place for a hearing. This hearing shall be open and the person or firm involved shall have the right to introduce evidence either in person, by agent or attorney. If, after said hearing, or without such hearing in case said person fails or refuses to appear, the said commissioner decides that the evidence warrants prosecution, he shall proceed as herein provided.

TESTS FOR RESIDENTS AND NON-RESIDENTS.
Section 15. Any citizen of the State of Georgia shall have the privilege of submitting to the Commissioner of Agriculture not more than 10 samples of agr'icultural or vegetable seeds for free tests and analysis in any one year. If any citizen of the State desires to have more than 10 samples tested, he shall pay a nominal fee for the same, the amount of fee for each test to be determined by the Commissioner of Agriculture. In case of non-residents of Georgia, a fee to be fixed by the Commissioner for the test of purity and germination shall be paid in advance.

Section 16. All fees collected by the Commissioner of Agriculture under this Act shall be handled as other fees collected by him.

1928

JouRNAL OF THE SENATE,

Section 17. If any section, sentence, clause or word of this Act shall become invalid by order of any court of competent jurisdiction, the same shall not affect the validity of any other section, sentence, clause or word hereof.

Section 18. That this Act shall take effect and be in force July 1st from and after its passage.
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 the passage of the bill, by substitute, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

By Senator McKenzie of the 48th DistrictSenate Resolution No. 86.

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 2a of the Constitution of Georgia, providing for the exemption of manufacturing plants that manufacture any farm product produced in Georgia.
Be it resolved by the General Assembly of Georgia:

Section 1. That Article 7, Section 2, Paragraph 2a, of the Constitution of Georgia be and the same is hereby amended by adding in line 5 between the words "plant" and "or" the following: "any and all products of the farm grown and produced within the State," so that when thus amended Article .7, Section 2, Paragraph 2a shall read as follows:
"Any person, natural or artificial, a resident of this State, who may after January 1st, 1924, build, equip, establish

FRIDAY, MARCH 19, 1937.

1929

or enlarge a plant for the manufacture or processing of cotton, wool, linen, silk, rubber, clay, wood, metal, metallic or non-metallic mineral or combination of same, creamery or cheese plant; any and all products of the farm grown and produced within the State or for the producted or development of electricity, may, as to such building, enlargement, or equipment, be exempt from all county, incorporated town or city ad valorem taxes for a period of time not exceeding five yeats from the date of the beginning of the building, enlargement or equipment of such plants. The legislature is herewith empowered to make provisions for the operation of this paragraph by appropriate legislation, provided such exemptions shall be approved by a majority of the electors voting in such county, incorporated town or city proposing said exemption."

Section 2. The foregoing amendment shall be published in one or more newspapers in each congressional district of the State of Georgia two months before the next general election, and at the next general election shall be submitted to the qualified voters of Georgia for 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 amendment to Article 7, Section 2, Paragraph 2a of the Constitution, providing for the exemption from taxation of manufacturing plants engaged in manufacturing farm products grown and produced on the farms of Georgia." 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 Article 7, Section 2, Paragraph 2a of the Constitution, providing for the exemption from taxation of manufacturing plants engaged in manufacturing farm products grown and produced on the farms of Georgia." If a majority of the qualified voters qualified to vote for mem hers of the General Assembly, voting at said election, shall vote in favor of the ratification of the amendment, the same shall become a part of Article 7, Section 2, Paragraph 2a of the Constitution of Georgia, and

1930

JOURNAL OF THE SENATE,

the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, 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:

Allen Almand Atkinson Atwood Aultman Brock Burrell Chason Clements Ennis Flrnt Forrester Fowler Greer

Griner Hardman Harrison Holmes Home Jackson Johnson Jones Kimbrough Lindsay McKenzie Millican Moye Neely

Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Sikes Terrell Thrasher Whitehead Williams

Voting in the negative was Senator:
Harrell
Verification of the roll call was dispensed with.
The ayes were 41, the nays 1.
The bill having received the requisite twa-thirds constitutional majority was passed.
Not voting were: Senators Burgin of the 24th District, Hampton of the 41st District, Knabb of the 4th District, McCutchen of the 43rd District, Patten of the 6th District, Shedd of the3rd District, Sutton of the 47th District, and Walker of the 28th District.

FRIDAY, MARCH 19, 1937.

1931

Senator McKenzie of the 48th District asked unanimous consent that Senate Resolution No. 86 be immediately transmitted to the House and the consent was granted.

Senator Almand of the 50th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on General Judiciary No. 2, read a second time, and recommitted to the committee:

By Mr. Brooks 0f Oglethorpe-
House Bill No. 725. A bill to amend an Act establishing the City Court of Lexington, Ga., and for other purposes.
The consent was granted, the bill read a second time, and recommitted.

By Senators Atkinson of the 1st District, Atwood of the 2nd District, Knabb of the 4th District, and Aultman of the 23rd District-
Senate Bill No. 247. A bill to provide that the Department of Public Health be charged with the duties of inspection and analysis of oysters and shell fish used for food, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senate Bill No. 123, providing a civil service system for Fire Department of the City of Atlanta, was taken up for the purpose ofconsidering the following House amendment thereto:

By the Fulton DelegationTo amend Section 1, line 4, by adding after the word

1932

JouRNAL OF THE SENATE,

"fireman," the words "members of the Bureau of Fire Prevention."
The Senate agreed to the House amendment to Senate Bill No. 123.
Senate Bill No. 30, permitting the county authorities not to pay State and School taxes in buying certain property, was taken up for the purpose of considering the following House amendments thereto:

By Mr. Hayes of Miller-
To amend by changing the period at the end of the caption to a comma and adding the following:
"And provided further that the twelve months redemption period now allowed by law for the redemption of realty sold under tax executions shall begin to run from the time the Commissioners and/or Ordinary draws their warrant on the County Treasurer to pay to the officers the cost due on said tax executions and accruing cost in effecting such sales."
To further amend by changing the period at the end of Section 1 to a comma and adding the following:
"and provided further that the twelve months redemption period now allowed by law for the redemption of realty sold under tax executions shall begin to run from the time the Commissioners and/or Ordinary draws their warrant on the County Treasurer to pay to the officers the cost due on said tax executions and accruing cost in effecting such sales."
The Senate agreed to the House amendments to Senate Bill No. 30.
By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 697. A bill to amend an Act establishing the new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof, and for other purposes.

FRIDAY, MARCH 19, 1937.

1933

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Atkinson of the 1st District asked unanimous consent that when the joint session of the General Assembly do dissolve today that the Senate stand recessed until 2:30 o'clock, P. M., at which time it reconvene and remain in session until otherwise ordered by the Senate. The consent was granted.

By Senators Hardman of the 33rd District and Whitehead of the 30th District-
Senate Bill No. 167. A bill to amend Section 68-201 of the Code of Georgia of 1933 relating to the registration and license of motor vehicles and chauffeurs, and for other purposes.

Senator Hardman of the 33rd District offered the following amendment to Senate Bill No. 167:
To amend by striking "ad valorem taxes" wherever same appear in said bill and caption thereof.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

The following communication from His Excellency, the Governor, was read:

1934

JOURNAL OF THE SENATE,

March 15, 1937.

HoNORABLE JOHN B. SPIVEY, President, and Members of the State Senate.

Gentlemen:
I am enclosing, herewith, a report on the National Resources Development Commission held in Denver, Colorado, on March 4, 5 and 6, 1937, as compiled by Honorable Count D. Gibson, head of the Department of Geology at the Georgia School of Technology. Dr. Gibson was the official delegate from Georgia at the Conference.
I will appreciate it if you will give this the consideration that you might think proper.
With kindest regards, I am
Sincerely,
E. D. RIVERS,
Governor.

REPORT ON
NATIONAL RESOURCES DEVELOPMENT COMMISSION Denver, Colorado
March 4th, 5th, 6th 1937 by'
Count D. Gibson Department of Geology Georgia School of Technology
Atlanta, Georgia

FRIDAY, MARCH 19, 1937.

1935.

CONTENTS Report: Letter of Transmittal Program of Convention Abstract as set up by Colorado Assembly Narrative Abstract as revised by the National Convention .Loans apportionment Questions for elucidation Answers for elucidation

To His ExcELLENCY, E. D. RivERs, The Governor of the State of Georgia, State Capitol, Atlanta, Georgia.

March 10, 1937.

Dear Governor Rivers:
Your representative to the Natural Resource Convention in Denver, Colorado, held March 4, 5, 6 to formulate tpe proposed congressional act pertaining to Federal financial aid in the developing of natural mining resources in the United States and Alaska, is pleased to report.
All courtesies were accorded to your representative, and Governor Teller Ammons sends his personal greetings.
The syllabus of the proposed act, as well as the general direction of the convention, had been set up by a joint resolution as passed by The Colorado Assembly now in session.
Copies of the Colorado resolutions, the abstracts and narrative of the proposed act, pertinent data tabulated in form,
.....a question and answer elucidation make up, the constitution

1936

JouRNAL OF THE SENATE,

and by laws as adopted by the National Convention, and a complete stenographic report of the convention are attached hereto, and form an integral part of this report. (It should be noted that the original abstract was modified by the National Convention.)

The following observations are listed for His Excellency's convemence:
First-All other natural resources and industries have been provided for by ample Federal legislation, (such as The National Reclamation Corporation.)

Second-There is a need and a place in our natural minerals resource development for such an act of Congress, (since according to John E. Morton, Reconstruction Finance Corporation engineer, only 81 mining loans have been approved by the Reconstruction Finance Corporation, totaling $500,590,500 divided into 23 class A loans and 58 class B loans.

Third-Georgia could, and no doubt would, profit con siderably if such funds were available to her mineral own ers and producers.

Fourth-Georgia's allotment under the Denver appor-

tionment is about $20,000,000.

-

Fifth-There was a seeming lack of interest on the part of the majority of the States, as was indicated by the lack of attendance. 22 of the States promised to send delegates, and only 11 actually did.

Sixth-The State of Colorado is determined to get such an act passed, if she has to do so single handed.

Seventh-It is importa,nt to note that the act applies equally (and to Georgia more so, due to the nature of her deposits) to non-metallic as well as metallic minerals.

FRIDAY, MARCH 19, 1937.

1937

Recommendations:
First-Since Georgia is a State rich in economic minerals and since easy financial aid would naturally increase Georgia's annual production in these minerals (thereby increasing the annual wealth and taxable possibilities of the State), and since there is no appropriations or funds asked from the State treasury, and since finally Georgia has many citizens of ability and influence in the mining industry, it is urged by your representative that the Georgia Legislature pass a resolution similar to Colorado's, which would legally set up a local state committee to work in conjunction with the plans and purposes of the national committee as formed at the National Convention.

Second-That the attached list of Georgia citizens interested in mining operations is to be considered only as possibilities from whom His Excellency might appoint the Georgia committee as provided for by the resolution mentioned in the preceding. paragraph, if and when the legislature should pass such a resolution.

It is a distinct honor and pleasure that your representative, a member of the faculty of the Georgia School of Technology, should have had the responsibility of serving Your Excellency and the State of Georgia.

Please be assured of your representative's continued interest and desire to serve in this and in all other matters in which Your Excellency may deem him qualified to serve.

Respectfully reported,

CouNT D. GIBSON, Head of Geology Department, Georgia School of T ech~ology.

1938

JouRNAL OF THE SENATE,

PROGRAM
NATURAL RESOURCE FINANCE ASSEMBLY
March 4th, 5th, and 6th,
1937
ARGONAUT HOTEL
Denver, Colorado
"A CONGRESSIONAL ACT FOR THE PURPOSE OF DEVELOPING THE NATION'S NATURAL RESOURCES BY ISSUING CURRENCY AGAINST ALL NEWLY MINED GOLD AND SILVER IN THE UNITED STATES AND ALASKA IN ORDER TO CREATE, FACILITATE AND STABILIZE EMPLOYMENT."
You, who have taken the initial step forward in drafting a resolution for the development of natural resources of the various states of the union including Alaska, Colorado welcomes you.
(Signed) SENATOR WARREN H. TwiNING.
Chairmap Executive Legislative Committee.

DAILY PROGRAM
Thursday, March 4th
9:00A.M. Registration-Assembly Room, Argonaut Hotel
11:00 A. M. Roll Call-Introduction of Delegates.
11:30 A. M.. Welcome Address in Behalf of Colorado ................ Governor Ammons
11:45 A. M. Welcome Address in Behalf of Denver ................... Mayor Stapleton

FRIDAY, MARCH 19, 1937.

1939

NOON
12:00 to 2:00P.M. Luncheon-Dining Room, Argonaut Hotel. Why We Need This Plan ...... John T. Joyce Smelting and Milling . . . . . . . . . . . R. J. Walter
2:00P.M. Introduction of H. J. R. No.3 as adopted by the Colorado Thirty-first General Assembly........ Senator Warren H. Twining
2:15P.M. Money vs. Depression ........ John A. Crook
2:30P.M. Delegates' discussion.
4:00P.M. Election of Committees and Officers. Election of Special Committee to draft complete plan.
6:00P.M. Dinner-Dining Room, Argonaut Hotel. Entertainment.

Friday, March 5th
9:30 A. M. Roll Call.
10:00 A.M. Natural Resources and their relation to the future prosperity of the Nation ............ Prof. R. D. George
10:30 A.M. Report of Committees and Officers.
11:30 A. M. National Organization Completed.

NOON
12:00 to 2:00P.M. Luncheon-Dining Room, Argonaut Hotel. Coal and Its Importance to the Development of the Natural Resources ...... Thomas Allen
2:00P.M. Report on Special Committee drafting complete plan.

1940

JouRNAL oF THE SENATE,

3:00P.M. Adoption of Plan.
4:00P.M. Complete National Organization.
6:30P.M. Dinner-Dining Room, Argonaut Hotel. Geophysics and their relation to development of natural resources .. Dr. C. A. Heiland Entertainment.

Saturday, March 6th

9:00 A. M.

Roll Call. Report of Committees and Officers. Signing of Completed Plan. Adjournment. Trip-Denver to Idaho Springs, Central City via Evergreen, return via Lookout Mountain, Golden. Luncheon-(Idaho Springs).

COMMITI'EES M. :r. Macaulay, Chairman
Registration Committee Carl H. Peterson, Chairman
Program Committee
W. w. :MacGruder, Chairman
Publicity Committee Myron C. McGinley, Chairman W. W. :MacGruder,
Entertainment Committee ThomasAllen,Chairman Carl H. Peterson,
Transportation Committee R. :r. Walter, Chairman
:rohn A. Crook M. :r. Macaulay Carl H. Peterson W. W. :MacGruder
ReceptionCommittee
STATE COMMISSION: :rohn A. Crook, Chairman W. H. Twining Chas. T. Mahoney Chas. E. Compton A. P. Ardourel

Myron C. McGinley, Sec. C. H. Peterson
COORDINATING COMMITI'EE:
Frank :r. Hayes Lieut.-Governor of Colorado Chairman
W. W. :MacGruder Publicity Director
Fred Foley Radio Director
0. M. Lightburn Valuation Engineer
:rohn T. :royce State Commissioner of Mines
Arthur C. Daman Mining and Metallurgical Eng.
COMMITTEE OF ENGINEERS:
R. D. George, Chairman Professor of Geology, University of Oolorado
R. :r. Walter, Vice Ohairman Mining and Metallurgical Eng.
Dr. C. A. Heiland Professor of Geophysics, Colorado School of Mines

FRIDAY, MARCH 19, 1937.

1941

Thomas Allen State Inspector of Coal Mines
Edward D. Dickerman Mining Engineer
M. J. Macaulay Sec. Committee of Engineers
ThomasAnnear State Auditor

EXECUTIVE LEGISLATIVE
COMMITTEE: Senators:
W. H. Twining, Chairman Rudolph Johnson Representatives: T. H. Dameron Ed. J. Hoefnagels A. Dean Coleman Secretary: C. H. Peterson Consulting Engineer : M. J. Macaulay

ABSTRACT.
1. An Act authorizing the U.S. Treasury Department to sell $1,250,000,000.00 in three percent (3%) Bonds to mature on or before thirty (30) years, to be used to develop the Nation's Natural Resources.

2. The eleven (11) Western States (producing the most gold and silver) to be allotted $300,000,000.00 of the above amount.

3. The remaining balance of $950,000,000.00 to be allotted to each of the 48 States and Alaska according to population.

4. The U. S. Treasury Department shall issue currency against the newly mined gold and silver from this capital just as fast as the gold and silver comes into the Mints.

5. As this currency is issued the capital account is to be credited until it is paid out.

6. When the sum of $1,250,000,000.00 plus interest has been paid in full the Government may call in the loans from each State and cancel the special issue of currency.

7. Senate (U. S.) to appoint a Committee of seven (7) from each State to manage or supervise the lending of

1942

JouRNAL oF THE SENATE,

this money from this Natural Resource Development Fund in an orderly and careful manner.

8. The Members to be appointed on this Committee are to be recommended by the President to the Senate and one Member's term to expire each year, either to be reappointed or replaced.

9. The Senate will also lay the Plans for a National Executive Committee, this Committee should consist of two Members from each State Committee.

10. Each State Committee shall have the right to elect two of their Members to the National Committee.

11. The National Committee to make all Rules and Regulations for the State Committees.

12. The Headquarters for the National Committee should be in Denver, Colorado.

iNARRATIVE
By SENATOR W. H. TwiNING,
Representatives,
Edw. J. Hoefnagels,
T. H. Dameron.
A CONGRESSIONAL ACT FOR THE PURPOSE OF DEVELOPING THE NATION'S NATURAL RESOURCES BY ISSUING CURRENCY AGAINST ALL NEWLY MINED GOLD AND SILVER IN THE UNITED STATES AND ALASKA IN ORDER TO CREATE, FACILITATE AND STABILIZE EMPLOYMENT.
t. A Congressional Act allowing the United States Trea-
- sury to sell bonds equal to Ten Dollars per capita, or

FRIDAY, MARCH 19, 1937.

1943

One Billion, Two Hundred and Fifty Million Dollars, plus interest at the rate of Three Per Cent due on or before thirty years.

2. The total amount of One Billion, Two Hundred and Fifty Million Dollars to he loaned to the forty-eight States, and also Alaska, and to he used only for the development of the Nation's natural resources.

3. The States producing gold and silver are the first to receive a special allotment of approximately Three Hundred Million Dollars out of the One Billion Two Hundred and Fifty Million Dollars, this amount to he divided according to their production of gold and silver; the State of Colorado producing about Eleven Per Cent of the total amount of gold and silver produced in the United States and Alaska would he entitled to ThirtyThree Million Dollars out of this special fund. The remaining balance would he divided among the fortyeight States and Alaska, according to their population, or equal to about Six Dollars and Eighty Cents per capita. This would give Colorado an additional Six Million Eight Hundred Thousand Dollars.

4. When the Treasury Department purchases the Gold and Silver from the Mines, produced by this New Capital, the United States Government will he asked to place this newly mined gold and silver in a separate vault so that currency can he issued against all of this newly mined gold and silver.

5. The United States Treasury department will he asked to issue currency just as rapidly as this gold and silver is received at the mints.

6. Just as soon as the Government issues the currency against this newly mined gold and silver they will credit the capital account, until the entire amount of

1944

JouRNAL OF THE SENATE,

One Billion, Two Hundred and Fifty Million Dollars, plus interest, is liquidated.

7. When the entire amount of One Billion, Two Hundred and Fifty Million Dollars; plus interest, has been liquidated by the issuance of the currency from this newly mined gold and silver, the Government may choose to do one of two things:

A. If the Government desires to take this currency out of circulation, they call in the Development Pools from each State.

B. Leave the currency in circulation as a future guaranty against unemployment. It is reasonably assumed, by intelligent people, that if the Nation's resources could be developed more efficiently that this would consume all of the Unemployed in the United States. Therefore, it is believed that the Government would continue these Revolving Funds, placed at the disposal of a committee, even after the capital account has been liquidated, this would act as a stabilizer of employment. If the Government would take this attitude then the special currency issue of One Billion, Two Hundred and Fifty Million Dollars, plus interest, would be permanently in circulation. Then, on the other hand, should the Government wish to collect or cancel this special issue of currency, all they would have to do wQuld be to call in to the Treasury Department these Revolving Funds from each State. If the Government should decide to take this latter course, the circle is now completed, without cost to the taxpayers, but could easily enrich the citizens of the United States, to the extent of a Hundred Billion Dollars.

FRIDAY, MARCH 19, 1937.

1945

8. In 1934 and 1935 92.1 Per Cent of all the gold and silver produced in United States and Alaska was produced by eleven States and Alaska. These are listed below in order of production.

1934
1. California______$ 25,700,000.00 2. Alaska _________ 18,887,000.00
3. So. Dakota_c___ 17,050,000.00 4. Colorado_______ 13,600,000.00 5. Utah___________ 9,370,000.00 6. Arizona________ 8,700,000.00 7. Idaho__________ 7,744,000.00 8. Nevada_________ 7,018,000.00 9. Montana_______ 5,996,000.00 10. New Mexico_____ 1,640,000.00 11. Oregon_________ 1,200,000.00 12. Texas__________ 565,000.00

1935
I. California______$ 31,959,000.00 2. So. Dakota_____ 19,961,000.00 3. Alaska_________ 16,634,000.00 4. Colorado_______ 15,600,000.00 5. Arizona________ 13,253,000.00 6. Utah___________ 13,080,000.00 7. Montana_______ 12,093,000.00 8. Idaho __________ 10,297,000.00 9. Nevada_________ 9,606,000.00 10. New Mexico_____ 1,933,000.00 11. Oregon_________ 1,931,000.00 12. Texas__________ 737,000.00

$117,470,000.00

$147,084,000.00

The above constitutes the total of 92.1 Per Cent of $286,543,000.00 produced in United States and Alaska in 1934 and 1935.

9. With each loan made by the State Committee, the owner of a natural resource will be obligated to pay back Twenty-Five Per Cent over and above what he receives, plus Four Per Cent interest on the actual money used together with a perpetual Two and One Half Per Cent net royalty. It should be understood that the proceeds left in the pool, from these three amounts mentioned, should become the property of the State. If the Government calls in these pools, the money should remain the property of each State and should be used for the same purpose and in the same way by the States themselves.
10. It is definitely seen that it is necessary to give to the eleven States producing the 92.1 Per Cent of all the gold and silver produced in the United States and Alaska, a special capital to be divided among these

1946

JouRNAL oF THE SENATE,

States according to their production, so the estimated Three Hundred Million Dollars mentioned before, as a special allotment to these eleven States, and Alaska may not be sufficient, therefore, it is suggested that the newly appointed Executive Mining Committees of the House and Senate should meet and decide on the special capital these eleven states should have from the total amount of One Billion, Two Hundred and Fifty Million Dollars before the plan and bill is submitted to Congress. There have been several suggestions made to the effect that as much as One and One-half, or Six Hundred and Twenty-five Million Dollars, should be at the disposal of these eleven States and then the remaining balance of Six Hundred Twenty-five Million Dollars should be divided among the 48 States and Alaska according to population.

11. The S~nate's joint resolution by Senator Twining should be adopted immediately and a committee of three should be appointed, one from the Senate and two from the House Mining Committees, with a secretary qualified to gather all available statistics to support this bill in Congress. This Committee should at once contact the Governors of the various States and ask them to go before their Legislatures to pass resOlutions similar to Senate joint resolution Number Six by Senator Twining. These newly appointed committees should immediately appoint a temporary committee of seven to function in each State until this bill is passed. The committe'e of seven should appoint a committee of two to meet in a de~ignated place, either Denver or Chicago. This committee of two from each State would constitute the Executive Committee who would lay the plans for the State Committees.

A. Uniformed persons may question the advisability of over-production to the extent that all natural resources will be exhausted. This of course, is

FRIDAY, MARCH 19, 1937.

1947

impossible, for almost every year we find a new use for a mineral to be used for some purpose, heretofore unknown. That this might interfere with private enterprise is another question likely to he brought up by these same people. The fact is, that this committee of seven will function almost like ari Industrial Commission. It would regulate the natural resources and safeguard them by regulating production of any commodity where there is an overproduction; for instance, if there were too much of a certain mineral on the market and because of this, over-production had brought the price down, this committee would have the authority to stop loans for this particular commodity until the. market was stabilized agam.

B. As a point of information two conflicting statements are offer~d. About two years ago Colorado University showed in a statement which appeared in the press that for every man put to work developing the natural resources, twelve were indirectly employed.

C. As a further point of information, in connection with this, the American Federation of Labor claims that for every person put to work in a factory, employment is created fqr three and onehalf persons indirectly. We believe the statement made by the Colorado University is more apt to be correct.

D. The eleven gold and silver producing States could easily find employment for a million people and what a tremendous leverage this would be to stimulate indirect employment.

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JouRNAL OF THE SENATE,

12. As an emergency exists, the Senate's Joint Resolution, by Senator Twining, should be passed immediately for the reason that all Legislatures are now in session and part of the duty of this committee would be to contact the Legislatures of each State and urge them to appoint their committees the same way, in order that they may contact their congressional delegation from their own state. These state committees should also arrange radio broadcasts to acquaint the people of their own State with the importance of getting this act through Congress, and the constituent in turn to contact their Congressmen and Senators in a wholesale way.

House Joint Resolution No. 2, by Representative Hoefnagels and Dameron.
In accordance with the above, the following resolution was passed by the Colorado House of Representatives on Friday, January 22, 1937, and concurred in the Colorado Senate on Monday, January 25, 1937, as follows:
Whereas, The depression affecting the business and economic life of the citizens of the United States and the unemployment situation existing, has been and is attributable directly or indirectly to the lack of flexibility in the monetary system; now, therefore,
Be it resolved by the House of Representatives of the Thirty-first General Assembly, the Senate concurring herein:
First. That a nonsalaried executive committee of five members be appointed from the standing committees on Mines and Mining of the Senate and the House of Representatives as follows: Two members from the Senate committee and three members from the House of Representatives committee;
Second. That said executive committee is authorized to negotiate with other state legislatures and assemblies now in session urging their cooperation in support of the Natural

FRIDAY, MARCH 19, 1937.

1949

Resource Finance Stabilization Employment act, which said act purports to make available necessary money for use in developing the nation's natural resources;
Third. That said executive committee is hereby granted the power to appoint a non salaried secretary for the purpose of securing and making available necessary statistical data and information and to conduct a public educational program pertaining to said Natural Resource Finance Stabilization Employment act.

REVISED
REVISED PRELIMINARY DRAFT OF BRIEF FOR "NATURAL RESOURCES DEVELOPMENT COMMISSION."
Section 1. An Act authorizing the United States Treasury Department to sell One billion two hundred and fifty million dollars ($1,250,000,000.00) worth of bonds, bearing interest not to exceed three per cent (3%) to mature in not to exceed thirty (30) years, to be used for the development of the natural resources of the forty-eight states and the Territory of Alaska.

Section 2. The several States producing gold and silver to be alloted Four hundred million dollars ($400,000,000.00) of the above amount, on the basis of their 1934 and 1935 production of gold and silver.

Section 3. The fourteen (14) states having less than one million (1,000,000) population, to be alloted One hundred million dollars ($100,000,000.00), the same to be pra-rated to those States in inverse ratio to their respective populations. The State of the fourteen (14) having the least population to be allocated the highest ratio, and the State of the fourteen (14) having the greatest population to be allocated the lowest ratio in the percentage relationship, with respect to the allocation of this One hundred million doBras ($100,000,000.00).

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Section 4. The balance of Seven hundred and fifty million dollars ($750,000,000.00) to he allocated to each of the forty-eight (48) States and Alaska, according to population.

Section 5. If this plan is adopted, the United States Treasury Department will issue currency against the newly mined gold and silver, as the metal is received at the United States' Mints. As this currency is issued against the newly mined gold and silver received in the United States' Mints, the aforesaid bonds are to he retired consecutively until the entire issue is liquidated.

Section 6. When the sum of One billion two hundred and fifty million dollars ($1,250,000,000.00) plus interest has been paid in full, the Government may call in the loans from each State and cancel the special issue of currency. Provided, however, that the Government may not call the issue in less than thirty (30) years.

Section 7. The President of the United States to appoint, with the concurrence and approval of the Senate, and with the advice of the Congressional Delegation of each State, a Commission of seven (7) members from each State, to manage and supervise the loan services of the Natural Resources Development Commission in that State. The activities of the commission to he in conformity with the proper development of the natural resources of their respective States, as proven by proper study and thorough investigation of such natural resources. Said loans to he made only to projects of self liquidating type, and for the utilization of such natural resources.

Section 8. The members to he appointed on this commission are to he recommended by the Congressional Delegations of each State, and said members shall he qualified electors of the State from which they are appointed. The terms of the first commission appointed will he as follows: One member's term to expire one (1) year after appoint-

FRIDAY, MARCH 19, 1937.

1951

ment, another whose term will expire two (2) years after appointment, another whose term will expire three (3) years after appointment, another whose term will expire four (4) years after appointment, another whose term will expire five (5) years after appointment, another whose term will expire six (6) years after appointment, another whose term will expire seven (7) years after appointment. After the term of the member first appointed shall have expired, each member appointed thereafter will serve for a term of seven (7) years, and any member may be reappointed or replaced at the discretion of the President and the Congressional Delegation of his State.

Section 9. The Senate of the United States will also lay the plans for a National Commission for development of Natural Resources, this Commission to consist of two (2) members from each State.

Section 10. Each State Commission shall elect two (2) of their members to the National Commission.

Section 11. The National Commission is to make all rules and regulations governing the activities of the National Commission.

Section 12. Each State Commission will make its rules and regulations for the conduct of its business in conformity with the rules and regulations of the National Commission.

Section 13. No State will be permitted to utilize in excess of thirty per cent (30%) of its allotment for industrialization of the natural resources affected.

Section 14. It is understood and agreed by the sponsors of the Natural Resources Development Commission, that

1952

JouRNAL OF THE SENATE,

its activities will not encroach on the program or functions of any Federal or State Agency now in existence.
Respectfully submitted: CHAS. E. CoMPToN, CARL H. PETERSON, JoHN A. CRooK,
CHARLES B. STAFFORD, Chairman.

February 9, 1937.
SENATOR W. H. TwiNING,
Chairman, Exec. Legislative Committee.
JOHN A. CRooK, Chairman, State Commission.
Gentlemen:
As per your request I wish to submit the following data as to the distribution of the $1,250,000,000 as set up under House Joint Resolution No. 2 for the development of natural resources in every State of the union including Alaska.
First: I wish to submit the following tables made for the purpose of showing the average gold and silver production of the 24 States and Alaska, as of 1934 and 1935, the percent due, based on that production.
Second: The estimated population of all States and Alaska as of January 1, 1936, as taken from the Department of Commerce and Bureau of Census Report.
Third: The amounts due based on the production of gold and silver in the 24 States and Alaska and the amounts due as per capita in all the States and Alaska which are tabulated in the following tables.

FRIDAY, MARCH 19, 1937.

1953

FIRST ITEM.

State

Average Production of 1934 and 1935 Percent

1. California ........... , ........ $ 28,829,000

2. South I>akota ................ 18,505,000

3. Alaska . . . . . . . . . . . . . . . . . . . . . . 17,760,000

4. Colorado ..................... 14,600,000

5.

Utah

0

0

0 0



11,275,000

6. Arizona 10,976,000 0 0 0. 0 0.

7. Montana ..................... 9,044,000

8. Idaho . . . . . . . . . . . . . . . . . . . . . . . 9,021,000

9. Nevada ...................... 8,312,000

10. New: Mexico ................. 1,786,000

11. Oregon ...................... 1,565,000

12. Texas ....................... 651,000

13. Washington .................. 347,000

14. Wyoming .................... 151,000

15. Alabama . . . . . . . . . . . . . . . . . . . . .

88,000

16. Missouri .....................

61,000

17. North Carolina ...............

53,000

18. Tennessee . . . . . . . . . . . . . . . . . . . .

52,000

19. South Carolina ...............

51,000

20. Georgia ......................

35,000

21. Pennsylvania . . . . . . . . . . . . . . . . .

28,000

22. Virginia .....................

23,000

23. New York ...................

16,000

24. Michigan ....................

3,000

25. Illinois ......................

2,000

21.638 13.889 13.330 10.958
8.463 8.238 6.788 6.771 6.239 1.340 1.175
.489 .260 .113 .066 .046 .040 .039 .038 .026 .021 .017 .012 .002 .002

$133,234,000 100.00
The above percentages are based on the average production record of 1934 and 1935 as taken from the Bureau of Mines Record and Report.

1954

JOURNAL OF THE SENATE,

SECOND ITEM.

The population of the United States and Alaska, based on Department of Commerce Report, Bureau of Census: January 1, 1936. (Estimated.)

State

Population

llaine___________________ 849,000 New Hampshire_________ 505,000 1Vermont________________ 379,000 llassachusetts__________ 4,403,000 Rhode Island___________ 681,000 Connecticut____________ 1,726,000 New York_______________ 12,915,000
New Jersey __ ----------- 4,310,000 Pennsylva!Ua ___________10,105,000 Ohio____________________ 6,710,000 Indiana_________________ 3,446,000 Illinois __________________ 7,832,000 llichigan________________ 4, 760,000 Wisconsin_______________ 2,908,000 llinnesota ______________ 2,631,000 Iowa ____________________ 2,539,000
!!issouri________________ 3,938,000
North Dakota___________ 702,000 South Dakota___________ 692,000 Nebraska _______________ 1,364,000
lransas ________ ~------~- 1,882,000 Delaware________________ 258,000
llaryland_ -------------- 1,672,000 1Virginia_______ --------- _ 2,656,000 West 1Virginia___________ 1,824,000 North Carolina__________ 3,439,000

State

Population

South Carolina_________ 1,851,000 Georgia_________________ 3,049,000 Florida__________________ 1,630,000 Kentucky_______________ 2,866,000 ~ennessee ______________ 2,846,000 Alabama________________ 2,851,000
llississippL ____________ 2,008,000 Arkansas _______________ 2,012,000 ~uisiana_______________ 2,121,000
Oklahoma_______________ 2,520,000 ~exas___________________ 6,099,000
!!ontana________________ 531,000 Idaho___________________ 482,000 WyontU1g________________ 233,000 Colorado_____________ ~-- 1,064,000 New !!eXico_____________ 422,000 Arizona_________________ 406,000 1Jtah____________________ 516,000 Nevada_________________ 100,000 Washington_____________ 1,639,000
Oregon_________ ------- __ 1,013,000 Califor!Ua _______________ 6,031,000
Alaska__________________ 60,000

~otal population as listed 128,676,000

THIRD ITEM.
The following table is submitted to show the amounts due the following States and Alaska under the forms which are as follows:
Column 1 shows the amounts due with $300,000,000 being appropriated to the mining States and Alaska.
Column 2 shows the amounts due with $400,000,000 being appropriated to the mining States and Alaska.
Column 3 shows the amounts due with $500,000,000 being appropriated to the mining States and Alaska.
Column 4 shows the amounts due with $625,000,000 being appropriated to the mining States and Alaska.

FRIDAY, MARCH 19, 1937.

1955

State

Column 1 Column 2 Column 3 Column 4

1. California________ $ 64,914,000 $ 86,552,000 $108,190,000 $135,237,500

2. South Dakota____ 41,667,000 55,556,000 69,445,000 86,806,250

3. Alaska___________ 39,990,000 53,320,000 66,650,000 83,312,500

4. Colorado_________ 32,874,000 43,832,000 M, 790,000 68,487,500

5. Utah_____________ 25,389,000 33,852,000 42,315,000 52,893,750

6. JUizona__________ 24,714,000 32,952,000 41,190,000 51,487,500

7. Montana_________ 20,364,000 27,152,000 33,940,000 42,425,000

8. Idaho___________ " 20,313,000 27,084,000 33,855,000 42,318,750

9. Nevada __________ 18,717,000 24,956,000 31,195,000 38,993,750

10. New Mexico______ 4,020,000 5,360,000 6,700,000 8,375,000

11. Oregon_____ "----- 3,525,000 4, 700,000 5,875,000 7 ,343, 750

12. ~exas____________ 1,467,000 1,956,000 2,445,000 3,056,250

13. Washington______ 7ro,ooo 1,040,000 1,300,000 1,625,000

14. Wyoming..________ 339,000

452,000

565,000

706,250

15. Alabama_________ 198,000

264,000

330,000

412,500

16. Missouri_________ 138,000

184,000

230,000

287,500

17. North Carolina___ 120,000

160,000

200,000

250,000

18. ~ennessee_______

117,000

156,000

195,000

243,750

19. South Carolina__ 114,000

152,000

190,000

237,500

20. Georgia__________

78,000

104,000

130,000

162,500

21. Pennsylvania____

63,000

84,000

105,000

131,250

22. Virginia__________

51,000

68,000

85,000

106,250

23. New York________

36,000

48,000

60,000

75,000

24. Michigan_________

6,000

8,000

10,000

12,500

25. lllinois___________

6,000

8,000

10,000

12,500

$300' 000.000 $400.000 '000 $500.000 '000 $625.000.000

SECOND PART.
THIRD ITEM.
The following table is submitted to show the .amounts due the following States and Alaska under the forms which are as follows:

Column 1 shows the amounts due with $950,000,000 being appropriated to the following States and Alaska, based on the population of each or $7.45238 per capita.

Column 2 shows the amounts due with $850,000,000 being appropriated to the following States and Alaska, based on the population of each or $6.66792 per capita.

Column 3 shows the amounts due with $750,000,000 being appropriated to the following States and Alaska, based on the population of each or $5.88346 per capita.

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JouRNAL oF THE SENATE,

Column 4 shows the amounts due with $625,000,000 being appropriated to the following States and Alaska, based on the population of each or $4.90288 per capita.

State

Column 1 Column 2 Column 3 Column 4

]daine _______________ $ 6,327,071 $ 5,661,064 $ 4,995,058 $ 4,162,545

New Hampshire______ 1Verrnont_____________ ]dassachussetts ______ Rhode Island________ Connecticut_________ New York ____________ New Jersey__________ Pennsylvarua________ Otuo_________________ Indiana_____________ Illinois______________ ]dicbJgan ____________ Wisconsin ___________ ]dinnesota___________ Iowa_________________ ]dissouri _____________ Northi>akota________ South I>akota_______ Nebraska ____________ lransas ______________ I>elaware____________ ]daryland ____________ 1Virginia_____________ West Virginia________ North Carolina______ South Carolina______ Cieorgia______________ Florida______________ l r e n t u c k y ___________ Tennessee ___________ Alabama_____________ ]dississippi__________ Arkansas____________

3, 763,452 2,824,452 32,812,829 5,075,071 12,862,808 96,247,488
32,119,758 75,306,300 50,005,470 25,680,901 58,367,040 35,473,329
21,671,521 19,607,211 18,921,593 29,347,472
5,231,571 5,157,047 10,165,046 14,025,379
1,922,714 12,460,379 19,793,521 13,593,141 25,628,735 13,794,355 22,722,307 12,147,379 21,358,521 21,209,473 21,246,735 14,964,379 14,994,189

3,367,300 2,527,142 29,358,852 4,540,854 11,508,830 86,116,187
28,738,735 67,379,332 44,741,743 22,977,652 52,223,149 31,739,299
19,390;311 17,543,298 16,929,849 26,258,269
4,680,880 4,614,201 9,095,043 12,549,025
1,720,323 11,148,762 17,709,996 12,162,286 22,930,977 12,342,320 20,330,488 10,868,710 19,110,259 18,976,900 19,010,240 13,389,183 13,415,855

2,971,147 2,229,831 25,904,874 4,006,636 10;154,852 75,984,886
25,357,713 59,452,363 39,478,017 20,274,403 46,079,259 28,005,270
17,109,102 15,479,383 14,938,105 23,169,065
4,130,189 4,071,354 8,025,039 11,072,672
1,517,933 9,837,145 15,626,470 10,731,431 20,233,219 10,890,284 17,938,670 9,590,040 16,861,996 16,744,327 16,773,744 11,813,988 11,837,522

2,475,954 1,858,192 21,587,381 3,338,861 8,462,371 63,320,695
21,131,413 49,543,602 32,898,325 16,895,324 38,399,356 23,337,709
14,257,575 12,899,477 12,448,412 19,307,541
3,441,822 3,392,793 6,687,528 9,227,220
1,264,943 8,197,615 13,022,049 8,942,853 16,861,004 9,075,231 14,948,881 7,991,694 14,051,654 13,953,596 13,978,111 9,844,983 9,864,595

~Uisiana___________
Oklahoma___________ Texas ________________ ]dontana_____________ Idaho________________ Wyoming____________ Colorado_________ "--New ]dexico__________ Arizona______________ Utah________________ Nevada______________ Wastllngton_________ Oregon______________ California ___________ Alaska_______________

15,806,498 18,779,998 45,452,066
3,957,214 3,592,047
1, 736,505
7,929,332 3,144,904 3,025,666 3,845,428
745,436
12,214,451 7,549,261 44,945,304
447,243

14,142,658 16,803,158 40,667,644
3,540,666 3,213,937
1,553,653
7,094,667 2,813,862 2,707,176 3,440,647
666,992
10,928,721 6,754,603 40,214,226
400,075

12,478,819 14,826,319 35,883,223
3,124,117 2,835,828
1,370,846
6,260,001 2,482,820 2,388,685 3,035,865
588,399
9,642,991 5,959,945 35,483,147
353,008

10,399,008 13,355,258 29,902,665
_2,603,429 2,363,188
1,142,446
5,216,664 2,069,015 1,990,569 2,529,886
490,688
8,035,820 4,966,617 29,569,269
294,173

Totals _______ ~ ___$950,000,000 $850,000,000 $750,000,000 $625,000, 000

FRIDAY, MARCH 19, 1937.

1957

All of the above and foregoing tables are made in accordance to your request for the purpose of computing the amounts due the various States, on the four different. schedules under the Act entitled as follows:

"A CONGRESSIONAL ACT FOR THE PURPOSE OF DEVELOPING THE NATION'S NATURAL RESOURCES BY ISSUING CURRENCY AGAINST ALL NEWLY MINED GOLD AND SILVER IN THE UNITED STATES AND ALASKA IN ORDER TO CREATE, FACILITATE AND STABILIZE EMPLOYMENT."
A copy of the complete plan, as set up, explaining in full the above action may be had on request.
All of which is,
Respectfully submitted,
J. M. MACAULAY,
Consulting Engineer.

1. Value of the plan to the Nation? 2. Effect of the plan to each State of the Union? 3. Effect of the plan to communities? 4. Effect of the plan to individuals? 5. Effect of the plan on communities? 6. Will this plan cause overproduction of gold and silver?
Can there be any overproduction of gold and silver? 7. What effect will this plan have on the price of the more
common metals such as lead, zinc, copper? 8. What effect will this plan have on the price of tin? 9. How will this plan affect the unemployed?

1958

JouRNAL OF THE SENATE,

10. What provision is made in this plan against ov.erproduction of the more common minerals?
11. Can this plan be used by the various States as a guarantee against unemployment of its people?
12. Do you consider this plan a remedy against depressions such as we have just passed through?
13. How do you consider this plan will affect you?
14. Can the money derived from this plan be used other than in the development of gold and silver mines?
15. How would you determine the meaning of the words, "Natural Resources"?
16. How will this plan affect the coal industry?
17. By the development of coal deposits in the various States, can any new commodity be developed? (Dye industries.)
18. By further developing.our known coal deposits, as well as new ones, what effect will it have on commercial trade?
19. Are there any prospectors left? What is the scope of their operation: now as compared to early day prospecting?
20. The production of gold and silver in Colorado amounts to about $14,600,000 annually. How would this plan affect that production?
21. What classes of people will benefit by the passing by Congress of this measure?
22. If this money raised by this measure were just used to develop gold and silver mines, would it have any effect on the population of the country as a whole?
23. If this money were used just to develop gold and silver mines, and is of benefit to all the people of the nation,

FRIDAY, MARCH 19, 1937.

1959

in that it would better their financial condition, will not this plan, as set up now, be of even greater benefit?
24. It has been suggested that this plan, if put into action would be a detriment to some of our basic industries. Is this correct?
25. Can this be termed, in any sense of the word, inflation?
26. From what group of people is this plan likely to meet with the most opposition?
27. What action is necessary to get this plan adopted by Congress?
28. Is this plan drawn up fairly to all States and Alaska? Will you explain why you think that?
29. Is this plan drawn up only for the development of new natural resources?
30. With the enacting of this measure will it work a hardship on any class of people in additional taxation? How then will this $1,250,000,000 be paid back without cost to the taxpayer?
31. As I understand it, if I have one mining claim or several, I can get one of these loans. What do I have to do to secure a loan for developing my property?
32. Should the property not turn out as expected how will I be able tc return the money borrowed?
33. I have a track of land that contains marble. I would like to get some money to develop it. Can I do that from this fund?
34. How long will this plan run ?
35. Do I have to own the property or can I qualify for a loan on a leased property ?
:~6. Under the terms of a bond and lease would there be any money available from this mesaure for payment on a property?

1960

JouRNAL OF THE SENATE,

37. I have a mine fairly well developed. I need a mill to concentrate my low grade ores to make the mine pay. Can I get a loan for that purpose?
40. How much money can I get in a loan, mine is a large property and will require a large sum of money to put in operation?
41. I am a broker. I feel that your plan will wreck my business. Is that so?
42. I sell coal. I'm afraid if your plan becomes a reality it will ruin my business in that you will flood the market. Am I right?
43. How will the operation of this plan affect the metal mining industry as a whole?
44. How will the operation of this plan affect other industries?
45. What states should back this plan most?
46. How will losses, which may occur, be liquidated?
47. Will the revolving fund be depleted easily?
48. As an engineer, won't the enacting of this measure make less work for the mem hers of your profession?
49. I have a placer deposit. As I read your editorials I note that you refer to mining. Can I get a loan for placer operations?
50. Do I have to qualify my mining company with the S. E. C. to secure one of these loans?
51. Is it necessary to take in any partners or have a partner to qualify for a loan?
52. During the time the loan is in effect on my property, who has active charge of its operation? Can I get help from the engineering staff for my property during the course of development and paying off of the loan?

FRIDAY, MARCH 19, 1937.

1961

53. Can you give any reason why this plan should not be put in operation?
54. I am a farmer.. How can this measure possibly benefit me?
55. This fund of $1,250,000,000 will be divided into two funds. How will this fund be segregated to the two funds? How much from each fund will the gold and silver producing states get and how was that. amount determined? Using Colorado as an example, how much money will Colorado get from these funds?
56. This measure has, I suppose, the endorsement of the Colorado Legislature?
57. What is being done to get Federal recognition of this measure?
58. Is this a self-liquidating measure?
59. If bonds are issued to the amount of $1,250,000,000 at not to exceed 3%, how will that item of interest be taken care of without an additional tax being put in operation?
60. As I understand it, I will pay 4% on my loan. Is there any other interest or additions to the loan? Why must I pay 25% above the actual loan plus 4% and then a perpetual 234% royalty? Who is to get this 234%, and what will it be used for?
61. I have 640 shares of land that geologists' reports show has good possibilities of having a structure carrying oil. Can I get a loan to drill it?
62. On a trade sometime ago I received a fraction of a mining claim. I believe it contains about five acres. Can I get a loan to develop it?

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JouRNAL oF THE SENATE,

63. What is the meaning of the word, "inflation"? What is the meaning of the word," deflation"?
64. I own a property that was an operation mine; due to the fall in the price of silver, I had to close it years ago. Now that mine would pay again. Can I get a loan to rehabilitate it and put in equipment?
65. What States will participate under the special fund of this Act? How many are there? What States are they? What States will participate under the other fund? How much will each state get?
66. In what manner was it determine::l that Colorado was to get 10.958% of the special fund?
67. Do each of the other gold and silver producing States participate in this special fund on the same basis?
68. If a plant or mill is needed for a district how will you proceed to get it?
69. What right would a party have that?
70. Is this a tax measure?
71. If this is not a tax measure, may it not originate in either the House or the Senate?
72. Will plants or mills operated under this plan be operated for profit?
73. When mills or plants are paid for, who will own them?

1. Any activity that takes natural resources from mother

earth through our various processes of labor, adds to

the natural wealth and makes for more employment of

labor or any activitity that increases the volume of

metallic circulating medium increases the purchasing

power of labor and commodi ties.



FRIDAY, MARCH 19, 1937.

1963

2. Developing natural resources in each State would be adding to the State's wealth and employment and also creating a demand in one State for the commodities peculiar to some other State.

3. Make for more abundant home life and contentment of its Citizens.

4. Create enlarged demand for the labor and metal activ-

ity of all individuals.

Please note that the employment of one individual

creates a demand for commodities produced by twelve

other individuals.



5. Create added demand for all commodities, therefore create greater purchasing power for those so employed.

6. No. No. Nature has been very sparing of her gifts and the scarcity of the gold and silver deposits will always cause the demand to exceed the supply.

7. Increased purchasing power of all individuals and communities will create demand for more of the common metals and thereby increase their price.

8. Increased building will create a demand for more tin, thereby causing us to use our increased production of lead and antimony, will cause us to produce our own tin rather than import it as is now often done. Now, about 90% of our tin comes in 'as ballast in big ships.

9. Our State Committees of business men will approve loans for the development of mines carrying more common minerals. If there is an overproduction on the market, the loans on that particular field can be withheld until the market has adjusted itself.

10. Statistics show conclusively that, for each person employed in developing natural resources, indirectly twelve other persons are given employment of various forms.

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JouRNAL oF THE SENATE,

11. Yes; that is the main purpose of the plan. We develop natural resources not only to create new wealth but to give employment to our people.
12. Yes; this depression was a monetary depression caused by lack of proper volume or medium of exchange. The added gold and silver production ofour mining States alone is a fundamental remedy.
13. Permit me to share in the added prosperity. Make for more comfortable home life and security.
14. Yes; money derived from this plan can he used to develop any industries or enterprises that can he termed as a natural resource and for which there is an active market.
15. Natural resources are the minerals, energies, or elements of nature placed here by the Great Creator for the benefit of mankind.
16. Coal being a source of heat and energy is a basic commodity of mankind, and added activity will create more demand for this energy in expanding transportation and power.
17. Yes; many by-products come from coal. America should develop her dye and other by-product industries derived from this source.
18. Cause us to develop new industries in extracting many things from coal.
19. In the general sense of their work, there are few, if any, prospectors left. Lack of finances or grub stake has limited the activity of prospecting, hut present day methods have increased the scope of operations of the mining people, and such prospecting as is being done is much more complete and thorough than that of past years.
20. It should double that production.

FR.IDAY, MARCH 19, 1937.

1965

21. . All classes either directly or indirectly.
22. Yes; the development of this mineral resource alone would indirectly affect the prosperity of the population of the country as a whole.
23. Yes; please do not thin.k of gold and silver as the only natural resource to be developed.
24. No; this plan will create a demand for all things produced by our basic industries.
25. No; neither new wealth or added metallic medium of exchange can be termed inflation.
26. Only two groups; only the money changers in the temple who live upon interest from debts and the large smelting group.
27. A campaign of education of the taxpayers and citizens of all States, so that they in turn will educate and bring pressure tobear upon their members of Congress.
28. Yes; we are asking in this convention for suggestions and opinions from the representatives from all States. They will participate equally according to their population, with only a small special fund set aside for a development of gold and silver mines in certain mining States, which gold and silver will be used to retire the loans from this fund of all other States.
29. No; it is for the development of many natural resources for which there is a market.
30. No; it is a complete circle. By placing in the vaults of the nation the newly mined gold and silver obtained by this loan as a metallic backing against which new money, gold and silver certificates can be issued. This money will soon retire the bonds issued for these loans. In addition thereto, we have the interest paid by the borrowers on this money to further protect the taxpayers.

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31. You will be -required to seCtire and make application to the State Commission who, in turn, will instruct an engineer to make a complete examination of your property. Should your property pass that inspection, recommendations will be made and passed on and a grub stake loan will be advanced.
32. It is impossible to foresee at the beginning of opera~ tions just what the eventual outcome of a mine will be; therefore, should the mine not turn out as expected, you will not be held accountable for the grub stake money advanced.
33. Yes; if you can convince the State Commission that the market for marble demands additional supply, and deposit can be developed profitably.
34. As presented by the assembly of Colorado for a period of thirty years; however, that will be determined by this, meeting, and it might be as Andy says "from now on.
35. Yes; with the consent of the owner and approval of the State Commission.
36. No.
37. No money is made available under the terms of this plan for individual mills, but mills will be built to do custom work at different points in the State, located at central points, easily accessible to the various mines in different districts of the State.
38. Most assuredly; if your mine is developed to a point where it will show profitable operation and all you lack is buildings for operations and living purposes, the State Commission is amply secured in making you the loan, provided that fact is established.
39. Other than the terms of the repayment contract, it would cost you nothing.

FRIDAY, MARCH 19, 1937.

1967

40. Nothing.:in the--acdim-its. the amount of-a-loan.. It -is just a question of what you can convince the State Commission they can safely loan you. It has been suggested that the State Commission approve loans up to fifty million and over that amount, the loan be approved by the National Committee.
41. No; it should make it possible for you to negotiate a larger volume of legitimate business.
42. No; the State Commission will approve loans in that field only when the market demands more production of that commodity.
43. It will improve the industry as a whole.
44. Create broadened markets for all commodities of all other industries.
45. All States, especially States with a number of undeveloped resources.
46. They will be liquidated from the 25% item in the loan contract.
47. No.
48. An engineer is one who economically directs man power and utilizes the materials and forces of nature for the benefit of mankind. Naturally his services are required first in developing natural resources.
49. Yes; placer mining is legitimate mining.
50. It will not be necessary to qualify your company, as you are not making a stock issue or contacting the public for finances.
51. No; you may secure this loan by your property in your own name.
52. You will have charge of the operation of your mine at all times. The engineering staff is retained to offer

1968

JOURNAL OF THE SENATE,

every assistance possible in guiding you to develop your mine into a paying enterprise.
53. Not a single person; a development of natural resources is the duty of mankind.
54. By creating enlarged and new markets for all the commodities and live stock I produce.
55. The total amount will be aggregated to the two funds. The special fund will be divided according to their production of gold and silver. They will participate in the remainder as per capita of population. Colorado will receive 10.958% of the special fund, or $32,874,000 and, having a population of 1,064,000, will receive $7.45238 per capita, or $7,929,332, making a total of $40,803,332.
56. Yes; it passed the House of Representatives withouta dissenting vote, and the Senate with only one dissenting vote, as a resolution.
57. The government of every State and Alaska has been contacted to urge them to get a like resolution adopted by their legislature. When the majority has agreed on a plan acceptable to them, the plan will be presented to the Federal Government at Washington for final action.
58. Yes; the revolving fund, under the terms of the kian contract, make this a self-liquidating measure.
59. Bonds left in the Treasurer's Department against which money is issued are interest coupons, when due, clipped by the Government itself.
60. Yes; you will pay 25% of the total amount loaned plus a 2~% perpetual royalty after the initial amount has been paid. The 25% is used to compensate for losses which may occur, and will be the State's warrantee of being able to pay back the amount borrowed by the State from the Federal Government at the expiration of the time

FRIDAY, MARCH 19, 1937.

1969

limit set on the loan, and the 2,%% royalty will be used to carry on this program by the State, and will be used as a future means of guarding against unemployment of its people after the main program has been completed.
61. Yes; oil is a natural resource.
62. Yes; regardless of size you are enti tied to a loan if your property will stand and pass inspection.
63. (Mr. Crook).
64. Yes; any natural resource that you can prove will operate at profit is entitled to a loan to rehabilitate.
65. Any State producing gold and silver. 24 States and Alaska. (Refer to Report.) Every State in the Union and Alaska. (See Report).
66. Based on their average yearly production of gold and silver.
67. Yes; according to their production.
68. By group action in certain districts requesting State Commission to investigate need for mill in that district.
69. Same equal rights and privileges and protection.
70. No.
71. Yes.
72. No.
73. State.

The following communication from His Excellency, the Governor, was read and referred to the Committee on Western and Atlantic Railroad:

1970

JouRNAL OF THE SENATE,

HaN. JoHN B. SPIVEY, President of the Senate, and The Members of the Senate. HaN. RoY V. HARRis, Speaker of the House, and The Members of the House.

March 18, 1937.

REPORT OF THE GovERNOR OF THE STATE OF GEORGIA TO THE GENERAL AssEMBLY oF THE STATE OF GEORGIA, RESPECTING LEASE oF THE STATE's PROPERTY, KNowN AS OLD UNION DEPOT SITE IN THE CITY OF ATLANTA, TO DIXIE TERMINAL BuiLDING CoMPANY.
The State of Georgia owns The Western & Atlantic Railroad, which is leased to The Nashville, Chattanooga & St. Louis Railway for a period of fifty years, ending at midnight December 27, 1969. Included in this leased property is the old Union Depot site in the City of Atlanta.
This site is now surrounded by viaducts built by the City of Atlanta, and is bounded on the west by Pryor Street viaduct; on the north by Wall Street viaduct; on the east by Central Avenue viaduct; and on the south by stores which front on Alabama street.
In 1929, the General Assembly of Georgia created Western & Atlantic Railroad Commission, giving said commission power in the name of the State to contract for construction of certain improvements on the old Union Depot site (Georgia Laws 1929, page 352, et seq.) This act provided, among other things, that the improvements should not cost less than $2,000,000, and that the Commission could not extend the lease on any portion of the State's terminal property in Atlanta for a period of time in excess of thirty years from the expiration of the Railway Company's lease.

FRIDAY, MARCH 19, 1937.

1971

This act further provided that the W. & A. Commission would terminate unless continued by an act of the General Assembly, on August 31, 1931.
(The Commission was not continued by legislative enactment.)
On January 20, 1930, a lease agreement was entered into between N. C. & St. L. Railway, W. & A. Railroad, in which the State joined, and Dixie Terminal Building Company, leasing Union Depot site from January 20, 1930, to December 27, 1969.
The State of Georgia, through the W. & A. Commission, on the same date entered into a further lease contract with Dixie Terminal Building Company, leasing this same property to it from midnight December 27, 1969, to midnight December 27, 1999.
The two leases aggregate a term of seventy years. The average rental for the first forty years, that is, until 1970, is at the rate of $25,000 per annum, all of which rental is payable to the lessee of the State's property, to-wit, N .C. & St. L. Railway.
The average annual rental for the last thirty years of the lease; from 1970 to the year 2000, is $35,000, which would be paid to the State.
The leases provide, among other things:
1. That the improvements erected would cost not less than $2,000,000.
2. That part of the building would not be less than fifteen stories in height.
3. That the improvements shall be completed not later than August 1, 1931.
4. That Dixie Terminal Building Company shall have an option on all of the State's property and on all of the Railroad's property in the City of Atlanta, so that

1972

JouRNAL oF THE SENATE,

neither the State, nor the Railroad, could lease any of their properties to any one for the purpose of operating an ice plant and;or storage facilities which may compete with Dixie Terminal Building Company, without first offering said property to Dixie Terminal Building Company.
5. That Dixie Terminal Building Company, the lessee, during the term of the lease shall be free of all taxes on the land and on the improvements located thereon to the State, to any County and to any municipality.
The United States Cold Storage Corporation, doing business in Chicago, Illinois, and in Kansas City, Mo., owned all of the stock in Dixie Terminal Building Company and organized it for the purpose of making these leases. The United States Cold Storage Company entered into a contract with the State of Georgia and with N.' C. & St. L. Railway to pay into the treasury of Dixie Terminal Building Company not later than August 1, 1931, $1,000,000 in cash.

It became apparent in 1931 that Dixie Terminal Building Company would not carry out its contract, and it reported to Western & Atlantic Railroad Commission that it would be unable to do so and asked that its contract of January 20, 1930, with the State of Georgia and the other parties be modified in the following particulars:
1. That the cost of the building to be erected be reduced from $2,000,000 to $1,500,000.
2. That the time for the erection of the $1,000,000 unit be extended to August 1, 1933.
3. That on or before August 31, 1937, it erect another unit to cost $500,000.
4. That theN. C. & St. L. Railway and the State of Georgia cancel the obligation of United States Cold Storage Corporation to pay $1,000,000 in cash into the treasury of the Warehouse Company.

FRIDAY, MARCH 19, 1937.

1973

5. That the United States Cold Storage Corporation deposit $100,000 in good securities with a trust Company to guarantee that the building will be erected. Should they fail to erect the building by August 1, 1933, twathirds of this $100,000 would be delivered toN. C. & St. L. Railway Company and one-third to the State of Georgia. In addition, United States Cold Storage Corporation would agree to give its obligation for $50,000, and if the improvements are not erected N. C. & St. L. Railway would get two-thirds of this amount and the State of Georgia the balance.
Accordingly, on the 24th of June, 1931, the two railroad companies, Dixie Terminal Building Company, Western & Atlantic Railroad Commission, and United States Cold Storage Corporation entered into a series of contracts granting all of the modifications as set out in paragraphs numbered 1 through 5 above, which contracts were subject to ratification by the General Assembly of Georgia.
The Western & Atlantic Railroad Commission recommended to the General Assembly that these modifications be granted, and the General Assembly of Georgia at its 1931 session passed a resolution, approved August 27, 1931, ratifying the modification of such contract. (Georgia Laws, 1931, page 1095.)
The chief effect of the modification of the contract was to reduce the cost of the proposed improvements from $2,000,000 to $1,500,000, and to release United States Cold Storage Corporation from an obligation to pay $1,000,000 in cash into the treasury of Dixie Terminal Building Company, which sum was to be used for the purpose of making the improvement on the State's property. The consideration of this modification was the deposit of $100,000 in United States Bonds with Trust Company of Georgia, onethird of which would go to the State of Georgia as liquidated damages, and the other two-thirds to the N. C. & St. L. Railway Company, in the event the modified agreement was

1974

JouRNAL oF THE SENATE,

not carried out. In addition, the United States Cold Storage Corporation agreed to- forfeit $50,000 in the event the modified contract was not carried out, one-third to the State and two-thirds to N. C. & St. L. Railway.

In January, 1933, it became apparent that the modified contract would not be carried out, and that it would be impossible to erect the $1,000,000 building on the State's property as called for by the modification of the contract, by August 1, 1933. To meet this situation, the two railroad companies, Dixie Terminal Building Company, United States Cold Storage Corporation, and Eugene Talmadge, Governor of the State of Georgia, by a writing dated January 17, 1933, extended the time for the completion of the improvements to August 1, 1934, for the $1,000,000 unit, and to August 1, 1938, for the $500,000 unit. It was further agreed in this contract that if N. C. & St. L. Railway Company granted to Dixie Terminal Building Company an extension to August 1, 1935, within which to erect the $1,000,000 unit, that the State of Georgia would do likewise. It was further provided in such extension agreement that the deposit of $100,000 of Liberty Loan Bonds with the Trust Company of Georgia be continued along with the obligation of United States Cold Storage Corporation to pay $50,000 in the event the extension agreement was not carried out.
It was further provided in this contract that if the extension agreement was not carried out that Trust Company of Georgia should deliver toN. C. & St. L. Railway two-thirds in value of the securities, and to the State of Georgia, onethird; and United States Cold Storage Corporation agreed that if the extension was not carried out that it would immediately pay to said Railway $33,333.33, and to the State of Georgia, $16,666.67.
Although the General Assembly of Georgia was in session at the time this modified contract was executed, the same was not referred to the General Assembly for ratification and approval.

FRIDAY, MARCH 19, 1937.

1975

On the 6th of April, 1934, a contract was .entered into between the two railroad companies and Dixie Terminal Building Company, extending the period of time within which to complete the $1,000,000 unit of the pwposed building to August 1, 1935.
By the terms of the writing dated January 17, 1933, and executed by Governor Talmadge on behalf of the State of Georgia, it was provided that if the Railway Company extended the time to August 1, 1935, within which the $1,000,000 unit might be erected that the State of Georgia would do likewise.
It was obvious in the beginning of 1935 that Dixie Terminal Building Company would not be able to carry out its agreement. The Legislature was in session at that time and adjourned on or about March 23, 1935.
On July 31, 1935, the two railroad companies, United States Cold Storage Corporation, and Dixie Terminal Building Company entered into another writing by the provisions of which it was agreed as follows:
1. That the time for completion of the $1,000,000 unit of the building on the State's property be extended to August 1, 1937, and that the time for the erection of the second unit to cost $500,000, be extended to August 1, 1941.
2. That if the first unit is not completed on or before August 1, 1937, that the Trust Company of Georgia shall deliver the bonds or securities deposited with it in the amount of $100,000, one-third to the State of Georgia, and two-thirds to N. C. & St. L. Railway Company, and that, in addition, shall turn over to the Railway Company all plans, drawings, specifications, etc., and that the entire contract shall be at an end.
This extension agreement of July 31, 1935, was submitted to Eugene Talmadge, then Governor of Georgia, and he signed an executive order on the same day, in which it was provided as follows:

1976

JouRNAL OF THE SENATE,

1. That the time for the completion of the building by Dixie Terminal Building Company be automatically extended until the next session of the General Assembly, or until definite action is had thereon by the next regular session of the General Assembly.
2. That the $100,000 in bonds now deposited with the Trust Company of Georgia be allowed to remain there for the benefit of the two railroads named.
3. That $50,000 be deposited with the State Treasurer to protect the State's rights in this matter.
4. That when such executive order is approved by the Railway Company and the $50,000 deposited with the State Treasurer that this order shall become effective, and a full report will be made to the next regular session of the General Assembly.
On the same day, to-wit, July 31, 1935, United States Cold Storage Corporation delivered to Trust Company of Georgia its check for $50,000 for delivery to the Treasurer of the State of Georgia, "upon the distinct understanding that the State of Georgia has no further interest in or claim to the securities and/or cash to be retained by Trust Company of Georgia." In other words, by the Executive Order of Governor Talmadge the State of Georgia gave up all interest that it might have had in the $100,000 worth of bonds deposited with Trust Company of Georgia, and transferred its claim to $50,000 in cash, which was to be deposited in the State treasury.
By the alleged agreement as it now stands, due to failure of the Dixie Terminal Building Company to erect the improvements, N. C. & St. L. Railway Company is entitled to receive the $100,000 in Liberty Bonds or their equivalent, deposited with Trust Company of Georgia, and the State of Georgia is entitled to retain the $50,000 deposited in the treasury of the State of Georgia.

FRIDAY, MARCH 19, 1937.

1977

On the 19th of August, 1935, George B. Hamilton signed a receipt, acknowledging that Dixie Terminal Building Company had paid to him as Trustee and agent for the State of Georgia, $50,000, which money was to he held by him as Trustee and Agent by virtue of an executive order issued by the Governor on the 31st day of July, 1935.

This is a short statement of the history of the proposed improvement to the old Union Depot site in the City of Atlanta, which is the property of the State of Georgia.
Should the General Assembly ratify the various extensions and renewals of the contract, including the one referred to in the executive order of ex-Governor Talmadge, dated July 31, 1935, theN. C. & St. L. Railway Company would he entitled to receive from Trust Company of Georgia $100,000 in cash, or its equivalent, and the State of Georgia will he entitled to retain the $50,000 in cash deposited with George B. Hamilton, Trustee and Agent for the State of Georgia.
Should the extension and renewals of the contract he disapproved by the General Assembly, then the State of Georgia apparently would be entitled to receive one-third of the cash or securities held by Trust Company of Georgia to-wit, $33,333.33, and one-third of the $50,000, to-wit, $16,666.67, aggregating $50,000; and N. C. & St. L. Railway Company would he entitled to receive two-thirds of the cash or securities held by Trust Company of Georgia, and two-thirds of the $50,000.
Please give this any consideration you might think it is entitled to.
Yours sincerely,
E. D. RIVERS,
Governor.

1978

JouRNAL oF THE SENATE,

The hour of 12:30 o'clock having arrived the President, accompanied by the Secretary and members of the Senate, proceeded to the Hall of the House of Representatives.
The Joint Session was called to order by Hon. John B. Spivey, and Senate Resolution No. 98, providing for the Joint Session was read by Hon. John W. Hammond.
His Excellency, Governor George H. Earle of Pennsylvania, His Excellency, the Governor of Georgia, the distinguished Committee of escort from the House and Senate, and distinguished guests were admitted to the Hall of the House of Representatives.
Hon. John B. Spivey presented His Excellency, Governor Rivers, who introduced to the General Assembly His Excellency, Governor Earle, the speaker of the occasion.
Governor Earle addressed the General Assembly.
Mr. Sutton of Wilkes moved that the Joint Session do now dissolve, and the motion prevailed.
The Senate stood recessed.
The hour of2:30 o'clock, P.M., having arrived the President called the Senate to order.

Senator Millican of the 35th District asked unanimous consent that the following bill of the House he withdrawn from the Committee on Finance, read a second time, andrecommitted:

By Mr. Simmons of Decatur-
House Bill No. 140. A hill to amend Chapter 92-31 of the Code of 1933 by defining "sale or sales" and by defining "resident" and" non resident," and for other purposes.
The consent was granted, the hill read a second time and recommitted.

FRIDAY, MARCH 19, 1937.

1979

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

By Messrs. Sanders of Coweta and Sutton of Wilkes-
House Bill No. 642. A bill to amend Section 56-224 of the 1933 Code, relating to Investments by Insurance Companies, and for other purposes.
Referred to Committee on Insurance.

By Messrs. Brooks of Jackson, Jackson of Habersham, Hamby of Rabun, Barnard of Towns, Wages ofJackson, and others-
House Bill No. 440. A bill to amend an Act empowering the Board of Regents to make certain changes in the University System of Georgia, and for other purposes.
Referred to Committee on University System of Georgia.
By Mr. Goff of Tift-
House Bill No. 806. A bill to create a Board of Commissioners of Roads and Revenues of Tift County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Bennett and Spence of Ware-
House Bill No. 813. A bill to amend an Act amending the charter of the City of Waycross, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 822. A bill to amend the charter of the City of Gainesville, and for other purposes.
Referred to Committee on Municipal Government.

1980

JouRNAL OF THE SENATE,

By Messrs. Phillips and Palmour of Hall-
House Bill No. 823. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in Hall County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 825. A bill to reduce the bond of the Sheriff of Lowndes County, and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the House was read the first time and referred to the committee:

By Mr. Williams of Jones-
House Resolution No. 166. A resolution that the General Assembly appropriate a certain sum to pay an obligation to the Bank of Gray, Gray, Ga., and for other purposes.
Referred to Committee on Appropriations.

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

By Mr. Carmichael of Cobb-
House Bill No. 295. A bill to repeal an Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22 of the 1933 Code, and for other purposes.
The committee offered the following amendments to House Bill No. 295:
To amend Section 1 of said bill by adding thereto an additional paragraph to be known as sub-paragraph (u) and read as follows:
"In addition to the privileged tax levied herein each

FRIDAY, MARCH 19, 1937.

1981

wholesale and retail dealer in this State now engaged or who desires _to become engaged in the sale of any tobacco products defined herein shall be required to file with the State Revenue Commission an application for license as a wholesale or retail dealer. Said application to be accompanied by a fee of $25.00 if for a wholesaler; or a fee of
$1.00 if for a retailer. Said application shall be on forms
provided by the State Revenue Commission to be furnished upon written request, the failure to furnish shall be no excuse for the failure to file. Said license shall expire on December 31 of each year, but may be renewed upon like application and upon payment of another fee in the amount required for the kind of license desired. Said license shall be nontransferrable and nonassignable and shall be issued to fixed places of business only."

so that said Section when amended shall read as follows:
That in addition to all other taxes of every kind now imposed by law and which are not specifically repealed by this chapter, every person, firm, corporation, club or association, within the State of Georgia, who sells and/or stores and/or received for the purpose of distribution to any person, firm, corporation, club or association, within the State of Georgia, cigars, cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, snuff or any substitute therefor, either or all, shall pay to the State of Georgia, for State purposes only a license or privilege tax which shall be measured by and graduated in accordance with the volume of sales of such person, firm, corporation, club or association in Georgia. There is hereby levied license or privilege taxes on articles containing tobacco enumerated in this Act the following amounts:

(a) Little Cigars. Upon cigars of all descriptions made of tobacco or any substitute therefor, and weighing not more than three (3) pounds per thousand, one cent ($0.01) for each ten (10) cigars, or fraction thereof.

1982

JouRNAL oF THE SENATE,

(b ) Cheroots, Stogies. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for three a!Jd one-third ($0.03 1/3) cents each or less, one ($1.00) dollar per thousand.

(c) Cigars. Upon cigars of all- descriptions made of tobacco, or any substitute therefor, retailing for more than three and one-third ($0.031/3) cents each and not more than five ($0.05) cents each, two ($2.00) dollars per thousand.

(d) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than five ($0.05) cents and not exceeding eight ($0.08) cents, three ($3.00) per thousand.

(e) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than eight cents ($0.08) each and not exceeding ten ($0.10) cents each, five ($5.00) dollars per thousand.

(f) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than ten ($0.10) cents each and not exceeding twenty ($0.20) cents each, ten dollars ($10.00) per thousand.

(g) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than twenty cents ($0.20) each, thirteen dollars and fifty cents ($13.50) per thousand.
(h) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, three inches long or less and weighing not more than three (3) pounds per thousand, one and one half (1.%') mills on each such cigarette.
(i) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, over three inches long and less than six inches long, weighing not more than six (6) pounds per thousand, three (3) mills on each such cigarette.

FRIDAY, MARCH 19, 1937.

1983

(j) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, more than six inches long and not weighing more than six (6) pounds per thousand, six (6} mills on each such cigarette.
(k) Smoking Tobacco. Upon all smoking tobacco including granulated, plug cut, crimp cut, ready rubbed and other kinds and forms of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette; upon each package retailing for five ($0.05) cents or less, one ($0.01) cent; upon each package retailing for more than five ($0.05) cents each, an additional one ($0.01) cent for each five ($0.05) cents or fractional part thereof the retail selling price in excess of five ($0.05) cents.
(1) Chewing Tobacco. Upon all chewing tobacco prepared in such manner as to be suitable for chewing only and not suitable for smoking as described and taxed in Section (k) above; upon each plug or package retailing for five ($0.05) cents or less, one half ($0.0;%) cent; upon such plug or package retailing for more than five ($0.05) cents each, an additional one-half ($0.0;%) cent for each five ($0.05) cents or fractional part thereof of the retail selling price in excess of five ($0.05) cents.
(m) Snuff. Upon each can or package of snuff retailing for five ($0.05) cents or less, one-half ($0.0;%) cent; upon each can or package of snuff retailing for more than five ($0.05) cents each, an additional one-half ($0.0;%) cent for each five cents ($0.05) or fractional part thereof of the retail selling price in excess of five ($0.05) cents.
(n) Whenever in this Act reference is made to any manufactured tobacco products, manufactured or imported to sell at a certain price, as the basis for computing the tax, it is intended to mean the ordinary, customary or usual price paid by the consumer for each individual cigar, package of cigarettes, package of smoking tobacco, or any other tobacco products taxable under this chapter.

1984

JouRNAL OF THE SENATE,

(o) When the retail or selling price js referred to in this Act as the basis for computing the amount of stamps required on any article, it is intended to mean the retail or selling price of the article before adding the amount of the tax.
. (p) When any article or commodity subject to tax in this Act are given as prices on punch boards, shooting galleries, premiums, etc., the tax shall be based on ordinary selling price for each article.
(q) The tax herein levied shall be paid through the use of stamps herein provided for, stamps in the denomination to the amount of the tax shall be affixed to the box or other container from or in which tobacco products taxed by this Act are normally sold at retail. The stamps shall be affixed in such a manner that their removal will require continued application of water or steam, and in case of cigars, cheroots, chewing tobacco, and like manufactured tobacco products, where sales are made from the original container, the stamps shall be affixed to the box or container in such a way that the stamps shall be torn into or mutilated when such containers or boxes are opened for the sale of the tobacco products. In the case of cigarettes, smoking tobacco, snuff, and like products, sold by retail in packages, the required amount of stamps to cover the tax shall be affixed to each individual package or container. All taxable tobaccos herein enumerated, when offered for sale, either at wholesale or retail, without having stamps affixed in the manner set out in this Act, shall be subject to confiscation, in the manner provided for contraband goods as set out in this Act.
(r) The description of tobacco products contained in sub-sections (h) to (j) of Section 1 of this Act are hereby declared to be standard as to dimensions and weights for taxing purposes as provided in this Act and should any cigarettes be stored, sold or offered for sale or given away of a size or weight other than the standard dimensions

FRIDAY, MARCH 19, 1937.

1985

and. weights set out in this Act, the same shall be taxed at the rate of one cent for each such cigarette.

(s) Provided, further, that where cigarettes described in sub-section (h) of Section one (1) of this Act, are packed in varying quantities of less than twenty (20) cigarettes, the following rates shall govern; packages containing ten (10) cigarettes or less shall require a two ($0.02) cent stamp; packages containing more than ten and not to exceed twenty (20) cigarettes, shall require a three ($0.03) cent stamp.

(t) Provided further, that where cigarettes described in sub-section (i) and sub-section (j) of Section one (1) of this Act, are packed in varying quantities of less than twenty (20) cigarettes, the following rates shall govern; packages containing ten (10) cigarettes or less shall require a five ($0.05) cent stamp; packages containing more than ten (10) cigarettes and not to exceed twenty (20) cigarettes shall require a ten ($0.10) cent stamp.

(u) In addition to the privileged tax levied herein each wholesale and retail dealer in this State now engaged or who desires to become engaged in the sale of any tobacco products defined herein shall be required to file with the Stgte Revenue Commission an application for a license as a wholesale or retail dealer. Said application to be accompanied by a fee of $~5.00 if for a wholesaler; or a fee of $1.00 if for a retailer. Said application shall be on forms provided by the State Revenue Commission to be furnished upon written request, the failure to furnish shall be no excuse for the failure to file. Said license shall expire on December 31st of each year but may be renewed upon like application and upon payment of another fee in the amount required for the kind of license desired. Said license shall be nontransferable and nonassignable and shall be issued to fixed places of business only.

1986

JouRNAL oF THE SENATE,

He further amends said bill by adding an additional. paragraph to Section 20 to be known as sub-paragraph (a) and read as follows:
"Any person, firm, corporation, club or association of persons, who/which has not a license as provided in this Act, who orders for another or pools orders from any or many persons, or connives with others for pooling orders for the purpose of evading the payment of the taxes herein provided, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100.00 nor more than $250.00 for each offense, and provided that each order for each purchase shall be considered a separate offense."
so tha,t said section when amended shall read as follows:
Any person, firm, corporation, club or association of persons, who purchases, and ;or receives, in any manner whatsoever any of the articles of tobacco enumerated herein, which does not have affixed revenue stamps as described in. this Act, shall within three (3) days of their receipt of such articles of tobacco, report the receipt of purchases of said tobacco to the State Revenue Commission, giving the date of purchases or receipt the name of person or firm from whom purchased or received and a list describing the articles of tobacco so purchased or received. The report must be made by registered mail or in person. Any person, firm, corporation, club or association of persons who fail and;or refuses to make the report as required in this sub-section shall be guilty of a misdemeanor and upon conviction shall be fined not less than five dollars ($5.00), nor more than one hundred ($100.00) dollars, or imprisoned not to exceed thirty days for each offense.

(A) Any person, firm, corporation, club or association of persons, who/which has not a license as provided in this Act, who orders for another or pools orders from any or many persons, or connives with others for pooling orders for the

FRIDAY, MARCH 19, 1937.

1987

purpose of evading the payment of the taxes herein provided, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100.00 nor more than $250.00 for each offense, and provided that each order for each purchase shall be considered a separate offense.
Further moves to amend said bill by adding an additional paragraph to Section 7, which shall read as follows:
"Any rules or regulations of the State Revenue Commission, when duly made and promulgated shall have the full force and effect of law. Any person when violating such rule when duly made and promulgated, shall be guilty of a misdemeanor, and shall upon conviction be fined not less than Fifty Dollars ($50.00), nor more than one hundred dollars ($100.00) for each offense."
so that said section shall read as amended as follows:

SECTION 7.
"STATE REvENUE CoMMISSION MAY CoMPROMISE CoNFISCATION.
"The State Revenue Commission may in its discretion return any goods, confiscated under this Act or any part thereof, when it is shown that there wasno intention to violate the provisions of this Act. Provided, when any goods, merchandise, or other property, are confiscated under the provisions of this Act, the State Revenue Commission may, in its discretion, return such ,goods to the parties from whom they are confiscated if and when such parties shall pay to the State Revenue Commission, or its duly authorized representative, an amount equal to the tax due under this Act on the goods confiscated, and in such cases no advertisement shall be made or notices posted in connection with said confiscation.
"The State Revenue Commission may promulgate rules and regulations governing the stamping of any articles or

1988

JouRNAL oF THE SENATE,

commodities enumerated herein handled by persons, firms, or corporations operating on interstate common carriers.
"Any rules or regulations of the State Revenue Commission, when duly made and promulgated shall have the full force and effect of law. Any person violating such rule when duly made and promulgated, shall be guilty of a misdemeanor, and shall upon conviction be fined not less than Fifty Dollars ($50.00), nor more than one hundred dollars ($100.00) for each offense."
Further moves to amend said bill by striking in its entirety Section 26 and adding a new section to be numbered 26, which shall read as follows:
"The provisions of this Act shall become effective at twelve o'clock Noon, April first, 1937."
The committee amendments were adopted.

Senators Pope of the 7th District, Jackson of the 14th District, and Purdom of the 46th District moved to amend the committee amendment of House Bill No. 295 by striking Sections" k," "1" and" m" on page 2 of said amen~ment.
The amendment was adopted.

The committee moved to amend House Bill No. 295 by striking therefrom the words" smoking tobacco", the words "chewing tobacco" and the word" snuff" wherever the same appear therein.
That said bill be amended by eliminating therefrom any tax upon the sale and use of smoking tobacco, chewing tobacco, and snuff by striking from said bill paragraphs (k), (1) and (m) of Section 1 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.

FRIDAY, MARCH 19, 1937.

1989

On the passage of the bill, as amended, the ayes were 32, the nays 1.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Kendrick of Fulton, Lanier of Richmond, and Leonard of Muscogee-
House Bill No. 185. A bill to provide for establishment of an Unemployment Compensation Division in the State Department of Labor; for an Unemployment Compensation Law and to define the functions of the above Division in administering said law, and for other purposes.

Mr. Hardman of the 33rd District moved to amend House Bill No. 185, Section 5, by striking _all of sub-sections (a), (b) and (c), and substituting the following:
(a) For the week in which he has left work voluntarily without good cause, if so found by the commissioner and for not more than the five weeks which immediately follow such week, as determined by the commissioner according to the circumstances in each case.
(b) For the week in which he has been discharged for misconduct connected with his work, if so found by the commissioner and for not more than the five weeks which immediately follow such week, as determined by the commissioner in each case according to the seriousness of the misconduct.
(c) If the commissioner finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the commissioner or to accept suitable work when offered him, or to return to his customary self-employment (if any) when so directed by the commissioner. Such disqualification shall continue for the week in which such failure occurred and for not more than five weeks which immediately follow such week as de-

1990

JouRNAL OF THE SENATE,

termined by the commisswner according to the circumstances in each case.
The amendment was adopted.

Senator Millican of the 35th District moved to amend Section 14, Paragraph (d) by adding the following at the end of Paragraph (d):
If the tax imposed by Title IX of the Federal Social Security Act or any amendments thereto, or any other Federal tax against which contributions under this Act may be credited shall for any cause become inoperative, the provisions of this Act, by virtue of that fact, shall likewise become inoperative, and any unobligated funds in the State unemployment compensation fund or returned by the United States Treasurer because such Federal Social Security Act is inoperative, shall be refunded to the contributors proportionately to their unexpended contributions under the regulations of the board. Provided: any funds which are unexpended and for which there are no claimants for a period of one year, due to contributors being out of business, death or other causes shall be turned over to the eleemosynary institutions of the State.
The amendment was adopted.

Senator Millican of the 35th District moved to amend Section 19, sub-section (k), Paragraph 2, by striking the words "six-fifths" and inserting in lieu the words "fivesixths."
The amendment was adopted.

Senator Millican of the 35th District moved to amend Section 19, sub-section "p", line 4, by striking the figures " 1937" and inserting " 1938."
The amendment was adopted.

FRIDAY, MARCH 19, 1937.

1991

Senator Millican of the 35th District moved to amend by adding a new Section to he known as Section 23, reading as follows:
"Section 23. All laws and parts of laws in conflict with this Act he and the same are hereby repealed."
The amendment was adopted.

Senator Lindsay of the 34th District moved to amend House Bill No. 185 as follows:
To amend sub-paragraph (i) of Section 6 by inserting after the word "Fraud," in line 89 of the printed hill, the words:" or apparent injury."
To amend sub-paragraph (i) of Section 6, by adding at the end of line 91 of the printed hill, and before the word "arising" on line 92, the words: "to which the State is a material party and cases."
Also to amend sub-paragraph (i) of Section 11 by striking the words "of the court" on line 91 and the word "said" on line 91, and inserting the words: "the Superior."
Also amend sub-section (h) of Section 14 as follows: Add the words: "and other actions to which the State is a material party which are now given precedence."
Amend sub-paragraph (h) of Section 15 by striking on lines 14 and 15 the words: "hut no such counsel or agent shall either charge or receive for such services more than an amount approved by the Board of Review."
Amend sub-paragraph (h) of Section 17 by striking on line 8 the words: "the employer has a place of business or the violator resides" and adding in lieu thereof the words: "such case is pending."
Also amend sub-paragraph (f) of Section 19 by striking the word: "one" on line 17 and adding in lieu thereof the word "eight."

1992

JouRNAL oF THE SENATE,

Also amend Section 19 and said paragraph (f) by adding after the word "State" where it first occurs on line 18 the words: "or who, having less than eight employees, have voluntarily had themselves placed thereunder."
The amendments by Senator Lindsay were all adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 34, .the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Atkinson of the 1st District asked unanimous consent that when the Senate adjourn today that it stand adjourned until tomorrow morning at 10:00 o'clock. The consent was granted.

By Messrs. Whipple of Bleckley and Groover of Troup-
House Bill No. 284. A bill to amend Section 40-206 of the Code of 1933, by striking all of said Section 40-206 and enacting in lieu thereof a new section; providing for the suspension of the Comptroller General, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Houston and Perry of Worth, Parker of Colquitt, Peters of Meriwether, and Sutton of Wilkes-
House Bill No. 409. A bill to amend an Act of 1927, known as Act No. 314, Tuberculosis in Domestic Animals, so

FRIDAY, MARCH 19, 1937.

1993

as to include in each and all of the proyisions of this Act the control of anthrax and ;or Bangs Disease, and for other 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 providing an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Forrester Fowler Griner Hardman

Harrell Harrison Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye
Neely
Patten

Peebles Peterson Pope Pruett Purdom Sammon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 43, the nays 0.

The bill having recejved the requisite constitutional majority was passed.
Not voting were: Senators Ennis of the 20th District, Flynt of the 26th District, Greer of the 13th District, Hampton of the 41st District, Holmes of the 22nd District, Phillips of the 29th District, and Shannon of the 21st District.

By Messrs. DeFoor of Mcintosh, Cohen of Chatham, and Claxton of Camden-
House Bill No. 438. A bill to amend an Act relating to

1994

JouRNAL OF THE SENATE,

game and fish and creating a State Commissioner, a Tidewater Commissioner, Wardens, etc., by imposing a Tax on Crabs, or prawn, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following communication from the Governor was ordered to be filed with the Secretary:

March 19, 1937. HoNoRABLE JOHN B. SPIVEY, President, And Members of the Senate.

Gentlemen: I am, herewith, transmitting you a resolution of the Fulton
County Grand Jury. I will appreciate it if you will give this whatever consideration you might see proper.
With kind regards, I am
Sincerely yours,
E. D. RIVERS,
Governor.

HoN. JoHN B. SPIVEY, Senate, State Capitol, Atlanta, Ga.

March 19, 1937.

Dear Mr. Spivey: I am herewith transmitting to you resolution of the Grand

FRIDAY, MARCH 19, 1937.

1995

Jury. Please bring this protest to the attention of the

General Assembly. It is in the nature of a petition to the

General Assembly. For this reason, we ask you to please

see that our protest is made known.



Respectfully,
NELSON CRIST,
Secretary. Fulton County Grand Jury, March-April, 1937, Term.

RESOLUTION.
The Grand Jury is advised that there is pending in the Legislature a bill to legalize dog races, horse races and slot machines. We wish to go on record as protesting against the enactment of such laws, believing that they would be hurtful to this community and to the State at large.

We are advised as to conditions prevailing in Florida, where this experiment has been rriade. The licensing of gambling in Florida has been so hurtful to communities of that State that dog races and slot machines have be.en recently voted out. In Jacksonville legalized gambling had been so hurtful to merchants and business men of that City that it seriously interferred with the collection of honest debts, due to the fact that persons had gambled away wages and salaries on horse races, dog races and slot machines.

To legalize gambling would bring into this State, and among our midst, a horde of gamblers and touts, and undesirable citizens, and it would have the effect of debauching our own citizens for the sake of a little revenue, without considering the evils that it would bring and the great loss that would be sustained by the citizens of this State.

1996

JouRNAL OF THE SENATE,

The evil :flowing fromJegalized gambling is well expressed by the late George W. Wickersham, who was Attorney General of the United States and Chairman of the National Crime Commission in the following statement:

"In my opinion, legalized gambling, whether on race-track or elsewhere, is subversive of the fundamental principles of sound social organization. The vice of gambling is that it teaches men to rely on chance rather than on industry and thrift for their advancement in life, and it undermines all those homely virtues which lie at the roots of a sound social order. This is generally recognized, but under pressure of interests concerned, every now and again, States are led to sanction gambling in particular places, on race-tracks or elsewhere. If the general attitude of our people toward gambling is sound-and I believe it to be-in regarding it as a great evil, the Act of a Legislature in licensing it in any particular place is highly immoral."

And also in the statement of Dr. Edward G. MacKay of the First Methodist Church of this City:

"Gambling privately engaged in is bad enough, but when, with the sanction of law, it becomes an institution of the State, the stage is set for the continued crumbling of the moral foundations which underlie the liberty and happiness of the people. Let this bill die the death it deserves."

We appeal to our local representatives, and to the representatives at large, to oppose these measures.

.Be it resclved that this protest of the Grand Jury be transmitted by the Secretary of this Grand Jury to Han. Roy Harris, Speaker of the House of Representatives, and Han. John B. Spivey, President of the Senate, and that a copy also be transmitted to Governor E. D. Rivers.

FRIDAY, MARCH 19, 1937.

1997

This resolution adopted by the March-April Term, 1937, Grand Jury, this the 19th day of March, 1937.

FULTON COUNTY GRAND JURY,
LEWIS c. GREGG,
Foreman.
NELSON CRIST,
Secretary.
P. L. BARDIN,
w. HAL BARKER,
L. F. GREEN,
H. H. FIELDS, S. H. McGuiRE,
w. s. BAILEY,
GEo. F. EuBANKS, ARCHIBALD GANN,
c. A. CLAYTON'
J. D. BuRNETT,
J. C. PHILIPS, L. H. PALMER,
J. H. MANNING, R. c. DARBY,
WILLIAM AKERS,
E. c. FINDLEY,
BEN F. WILLIS,
J. R. PoRTER,
F. R. JoNES, J.P. ALLEN.

1998

JouRNAL oF THE SENATE,

R y Messrs. Hill and Joel of Clarke-
House Bill No. 137. A bill empowering the Board of Regents of the University System of Georgia to invest trust funds in real estate and in improvements or buildings thereof, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Cohen, Grayson, and McNall of Chatham-
House Bill No. 59. A bill amending the Code of 1933, Section 26-7303 providing for the protection of surf bathers by Life'Guards, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Durden and Sabados of Dougherty-
House Bill No. 444. A bill to amend Section 57-116 of the Code of 1933, relating to interest on loans, and for other purposes.
Senator Harrell of the 12th District offered the following amendment to House Bill No. 444:
To amend by striking the word "weekly" wherever same appears in the bill.
The amendment was adopted.

FRIDAY, MARCH 19, 1937.

1999

The report of the committee, which was favorable to tJ:!e passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional rna. jority was passed, as amended.

By Mr. Newt~n ofToombs-
House Resolution No. 199. A resolution to release Mrs. M. F. Brice of Toombs County, Ga., and Alex P. Smith of Telfair County, Georgia, from payment of a bond forfeiture, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 27, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 679. A bill to amend an Act to change from the fee system to the salary system in certain counties of Georgia, the Clerk of the Superior Court, Sheriff, Ordinary, Tax Collector, Tax Receiver and Treasurer, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having receiv~d the requisite constitutional majority was passed.

2000

JouRNAL oF THE SENATE,

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 14. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Wall of Schley-
House Bill No. 366. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following privilege resolutions were read and adopted:

By Senators Forrester of the 44th District and McCutchen of the 43rd District-
A resolution extending the privileges of the floor to Hon. W. P. Cole and John Murphy, prominent citizens of Dade County.

FRIDAY, MARCH 19, 1937.

2001

By Senators Burgin of the 24th District and Harrell of the 12th District-
A resolution providing the Press Room, adjacent "to the Senate Chamber, for the use by Senators Harrison and Johnson in entertaining their lady friends.

Senator Pope of the 7th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 10:00 o'clock, A. M.

2002

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
SATURDAY, MARCH 20, 1937.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain of the House of Representatives.
Senator Sammon of the 51st District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
The following resolutions of the Senate were read and adopted:
By Senators Jackson of the 14th District and Patten of the 6th District~
Senate Resolution No. 99. A resolution requesting the State Superintendent of Schools to carry out the mandate of the law as per authority vested in Section 32-507 of the 1933 Code of Georgia.
By Senator Spivey of the 16th District and all other members of the Senate--

SATURDAY, MARCH 20, 1937.

2003

Senate Resolution No. 100. A resolution extending to Senator Joe Burgin of the 24th District the congratulations of the Senate upon his 64th birthday.

Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 166.

Respectfully submitted, FLYNT, Chairman.

Senator Aultman of the 23rd .District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President: Your Committee on Game and Fish has had under con-
sideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 431 do not pass.
Senate Bill No. 258 do pass.
Respectfully submitted,
AuLTMAN, Chairman.

2004

JouRNAL OF THE SENATE,

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 259.
Senate Bill No. 261.
Respectfully submitted,
SHANNON, Chairman.

Senator McKenzie of the 48th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 218.
Senate Bill No. 219.
Senate Bill No. 220.
Senate Bill No. 225.
Respectfully submitted,
McKENZIE, Chairman.

SATURDAY, MARCH 20, 1937..

2005

Senator Johnson of the 42nd District, Chairman of the Committee on Public Library, submitted the following report:

Mr. President: Your Committee on Public Library has had under con-
sideration the following resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Resolution No. 85 do pass. House Resolution No. 172 do pass. House Resolution No. 171 do pass. Senate Resolution No. 95 do not pass. House Resolution No. 39 do not pass. House Resolution No. 200 do not pass. House Resolution No. 126 do not pass. House Resolution No. 49 do not pass. House Resolution No. 173 do not pass. House Resolution No. 137 do not pass. House Resolution No. 18 do not pass. House Resolution No. 21 do not pass. House Resolution No. 40 do not pass. House Resolution No. 46 do not pass. House Resolution No. 68 do not pass. House Resolution No. 83 do not pass. House Resolution No. 84 do not pass. House Resolution No. 93 do not pass. House Resolution No. 104 do not pass.

2006

JouRNAL oF THE SENATE,

House Resolution No. 30 do not pass. House Resolution No. 202 do not pass. House Resolution No. 55 do not pass.
Respectfully submitted, JOHNSON, Chairman.

Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report:

Mr. President:
Your Committee on Pensions has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 262.
Respectfully submitted,
KIMBROUGH, Chairman.

Senator Sammon of the 51st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 642.
Respectfully submitted,
SAMMON, Chairman.

SATURDAY, MARCH 20, 1937.

2007

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. Daves of Dooly-
House Bill No. 824. A bill to amend an Act entitled "An Act to reduce the sheriff's bond of Dooly County."

By Mr. Jackson of Habersham-
House Bill No. 827. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Mr. Tapp of Gwinnett-
House Bill No. 829. A bill to amend an Act of December 23, 1896, entitled "An Act incorporating the Town of Buford, so as to extend the present limits."

Messrs. Rowland of Johnson and Scruggs of Washing- ton-
House Bill No. 831. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System.
The House has agreed to the Senate amendments to the following bills of the House:

By Chatham Delegation-
House Bill No. 641. A bill to amend the charter of the City of Savannah.

2008

JOURNAL OF THE SENATE,

By Mr. Gross of StephensHouse Bill No. 667. A bill to be entitled an Act to
create a Board of Commissioners of the County of Stephens. The House has passed the following bills of the Senate:
Senate Bill No. 204 by Senator Shedd of the 3rd District. Senate Bill No. 207 by Senator Almand of the 50th District. Senate Bill No. 213 by Senator Almand of the 50th District. Senate Bill No. 151 by Senator Millican of the 35th District. Senate Bill No. 226 by Senator Purdom of the 46th District. Senate Resolution No 90, by Senator Spivey of the 16th Dis-
trict and others.
The House has disagreed to the Senate amendments to House Bills Nos. 341 and 295.

The following resolutions of the House, favorably reported by the committees, were read the second time:
By Mr. Williams of Jones-
House Resolution No. 166. A resolution that the General Assembly appropriate a certain sum to pay an obligation to the Bank of Gray, Gray, Georgia, and for other purposes.
By Messrs. Harris, Barrett, and Lanier of Richmond-
House Resolution No. 171. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County, and for other purposes.
By Messrs. Harris, Lanier, and Barrett of Richmond-
House Resolution No. 172. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County, and for other purposes.
The following bills of _the Senate, favorably reported by the committees, were read the second time:

SATURDAY, MARCH 20, 1937.

2009

By Senator Atwood of the 2nd District-
Senate Bill No. 258. A bill to amend Sections 45-308 and 45-310 of the 1933 Code providing an open season for hunting deer and wild turkeys from November 1st through December 31st, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 259. A bill to authorize street railways to be substituted by "trackless trolleys," and for other purposes.

By Senators Millican of the 35th District, Terrell of the 19th District, Shedd of the 3rd District, Williams of the 5th District, and Purdom of the 46th District-
Senate Bill No. 261. A bill to provide for the designation of persons to act in lieu of the Comptroller-General and State Treasurer in cases where they, respectively, by reason of sickness become unable to perform the duties of their respective offices, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 262. A bill to authorize Commissioners of Chatham County to create a Pension Board, and for other purposes.

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

By Senator Shedd of the 3rd District-
Senate Resolution No. 85. A resolution requesting the State Librarian to furnish the County ofWayne certain law books, and for other purposes.

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

2010

JouRNAL OF THE SENATE,

By Mr. Hastings of Fulton-
House Bill No. 427. A bill to be known as the "Alcoholic Beverage Act," and for other purposes.

By Messrs. Sanders of Coweta and Sutton of Wilkes-
House Bill No. 642. A bill to amend Section 56-224 of the 1933 Code relating to investments by Insurance Companies, and for other purposes.

Senator Pope of the 7th District asked unanimous consent that House Resolution No. 49, a resolution providing certain books for Thomas County, be placed oil the calendar for the purposes of disagreeing to the report of the committee. The consent was granted.

Senator Millican of the 35th District asked unanimous

consent that the following bill of the House be withdrawn

from the Committee on Municipal Government, read a

second time, and recommitted:



By Messrs. Bennett and Spence of Ware-
House Bill No. 813. A bill to amend the charter of the City of Waycross, and for other purposes.
The consent was granted, the bill read a second time and recommitted.
Senator Jackson of the 14th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Special Judiciary, read a second time, and recommitted:

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 458. A bill to provide payment by counties in the State having a population according to the census of 1930 of not less than 32,693, nor more than 32,703 of

SATURDAY, MARCH 20, 1937.

2011

actual cost incurred in the Superior Courts for the trial and conviction of misdemeanor convicts worked by said county upon the public roads, and for other purposes.
The consent was granted, the bill read a second time and recommitted.

Senator Hardman of the 33rd District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read a second time, and recommitted:

By Messrs. Phillips and Palmour of Hall-
House Bill No: 822. A bill to amend the charter of the
City of Gainesville, and for other purposes.
The consent was granted, the bill read a second time and recommitted.
The following resolution of the Senate was read and adopted:
By Senators McCutchen of the 43rd District and Atkinson of the 1st District, and others-
Senate Resolution No. 101. A resolution expressing the appreciation of the General Assembly for what Miss Margaret Mitchell's book "Gone With The Wind" has meant to Georgia and the people of the South.
Senator Atkinson read certain excerpts from "Gone With The Wind" to the members of the Senate.
The following bills of the House were read the first time and referred to the committees:
By Mr. Harrell of IrwinHouse Bill No. 652. A bill appropriating $5,000 to the
Jefferson Davis Memorial Park, and for other purposes. Referred to the Committee on Appropriations.

2012

JouRNAL OF THE SENATE,

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 749. A bill to regulate the payment of compensation to the official court reporters of Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. McCracken of Jefferson-
House Bill No. 781. A bill providing that all persons serving or preparing food in commercially operated eating places shall have a health certificate, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Messrs. Gross of Stephens and Whipple of Bleckley-
House Bill No. 782. A bill to authorize school districts in which local taxes are levied to refund outstanding bonded indebtedness, and for other purposes.
Referred to Committee on Education and Public Schools.

By Messrs: Phillips and Palmour of HallHouse Bill No. 791. A bill to amend an Act creating
the Lula School District, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Mundy and Trippe of PolkHouse Bill No. 798. A bill to create a new charter for
the City of Cedartown, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Larsen and Dampier of LaurensHouse Bill No. 805. A bill to create a new charter for
the City of Dublin, and for other purposes.
Referred to Committee on Municipal Government.

SATURDAY, MARCH 20, 1937.

2013

The following resolution of the House was read the first time and referred to the committee:

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Resolution No. 169. A resolution giving the consent of the State for the construction by the City of Atlanta of an underpass on the State's property known as the Western and Atlantic Railroad, and for other purposes.
Referred 'to Committee on Western and Atlantic Railroad.

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and/or resolution of the House and/or Senate, to-wit:

By Messrs. Harrell and Blease of Brooks-
House Resolution No. 89-456. A resolution proposing a constitutional amendment to Article 3, Section 7, authorizing planning and zoning laws in counties of certain population, and for other purposes.

By Mr. Marshall of Macon and others-
House Bill No. 57. A bill to authorize the Commissioner of Game and Fish to make necessary rules and regulations to control and regulate seafood industries.

By Messrs. Durden and Sabados of Dougherty-
House Bill No. 594. A bill proposing a constitutional amendment to Article 7, Section 7 of the Constitution, so as to provide for allowing the City of Albany to increase its bonded indebtedness.

2014

JouRNAL OF THE SENATE,

By Messrs. Harrison of Crawford, Zellner of Monroe, and others--.
House Bill No. 243. A bill to be entitled an Act to enable the State Highway Department to effectually carry out and put into effect the provision of the constitutional amendment to declare and define the amount of indebtedness of the several counties of this State, and for other purposes.

By Messrs. Elliott of Muscogee, Lanier and Harris of Rich-

mond, and others-



House Bill No. 676. A bill to be entitled an Act to Conserve Soil, etc., and for other purposes.

By Messrs. Moore of Lumpkin, Phillips and Palmour of Hall-
House Bill No. 790. A bill to place on the State Highway System a road in Lumpkin County and Hall County.
By Mr. Dugas of White-
House Bill No. 792. A bill to amend the Highway Mileage Act by adding a certain road to the State Aid System.

By Messrs. Rountree and Flanders of Emanuel-
House Bill No. 793. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Mr. Baggs of Mitchell-
House Bill No. 794. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

SATURDAY, MARCH 20, 1937.

2015

By Mr. Hand of Mitchell-
House Bill No. 795. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Mr. Adains of Franklin-
House Bill No. 801. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Mr. Etheridge of Houston-

House Bill No. 802. A bill to be entitled an Act to create a new charter for the City of Perry, and for other purposes.

By Mr. Gary of Quitman-
House Bill No. 821. A bill to be entitled an Act to repeal an Act "entitled an Act to create a Board of Commissioners of Roads and Revenue for Quitman County."

By Messrs. Phillips and Palmour of HallHouse Bill No. 804. A bill to be entitled an Act to create
a new charter for the Town of Flowery Branch.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Millican of the 35th District-
Senate Bill No. 239. A bill to amend Section 85-1312 of the Code of 1933 relating to "Franchises when exclusive" so that municip~l corporations shall have the right to grant exclusive franchise of any character under this authority in all cities or municipalities having a population of more than 200,000, and for other purposes.

2016

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 28, the nays 0.
The bill having received the requisite constitutional rnaj ority was passed.

By Senator Thrasher of the 27th District-
.Senate Bill No. 257. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was a,greed to.
On the passage of .the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Messrs~ Simmons and Kirbo of Decatur-
House Bill No. 27. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The committee offered the following amendment to House Bill No. 27:
To amend by striking Section 2 in its entirety and inserting in lieu thereof the following:
"Be it further enacted that the said bill shall not have the effect of certifying said proposed road in the new State Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act in 1929."
The amendment was adopted.

SATURDAY, MARCH 20, 1937.

2017

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

On the passage of the bill, as amended, the ayes were 30,

the nays 0.



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

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 32. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The committee offered the following amendment to House Bill No. 32:
To amend by striking Section 2 in its entirety and inserting in lieu thereof the following:
"Be it further enacted that the said bill shall not have the effect of certifying said proposed road in the now State Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act in 1929."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mr. Herrin of Echols-
Hause Bill No. 481. A bill to require the Commissioners of Roads and Revenues of Echols County to give bond, to prohibit the Ordinary of the county from adminis-

2018

JOURNAL OF THE SENATE,

tering the oath of office to such officers before such bonds are given, and for other purposes.
The committee offered the following substitute for House Bill No. 481:

SUBSTITUTE FOR HOUSE BILL NO. 481.

A BILL
To be entitled an Act to require the Commissioners of Roads and Revenues of Echols County to give bond, and providing the kind of bond, and the amount thereof, and prohibiting the ordinary from a;ccep~ing the oath of office of such officers until the bond as herein required has been given and filed with him, and for other purposes.

Be it enacted by the General Assembly of Georgia:
Section 1. On and after the passage of this Act, except as hereinafter provided, all memhers of the Board of County Commissioners of Roads and Revenues of the County of Echols are hereby required to enter into a joint bond in the sum of $5,000.00, payable to the ordinary of said county, constituting a joint and several obligation on each of the said members of the board to the Ordinary of Echols County, conditioned upon the faithful performance of their duties as required by law, as now required of other officers of the county; which bond shall be executed by some reliable bonding or insurance company authorized to do business . in this State, and approved by the ordinary before being accepted or filed by him. Provided, however, that this Act shall not apply to the officers now in office or to the bond already executed by them, but shall apply to future members of the Board of County Commissioners of Roads and Revenues of said county.

Section 2. It shall be unlawful for the ordinary to receive the oath of office or deliver the commission of office to said commissioners who come under the terms of this

SATURDAY, MARCH 20, 1937.

2019

Act until and unless the bond provided for has been executed and approved by him and filed with him.

Section 3. The premium on said bond shall be paid by Echols County out of any funds not otherwise used for other purposes, and shall be treated as a part of the compensation paid to said officers.

Section 4. All laws and parts of laws in conflict with this Act 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 29, the nays 0.
The bill having received the requisite constitutional majo~ity was passed, by substitute.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 555. A bill to amend the charter of the City of Atlanta, andfor other purposes.
The committee offered the following substitute for House Bill No. 555:

A BILL
To be entitled 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.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended, as follows:

2020

JouRNAL OF THE SENATE,

Section 1. That the charter of the City of Atlanta as found in Chapter 20, -entitled "Police-Board of Police Commissioners," and Section 343 to 360, inclusive, of said Chapter be amended by adding at the end of said Chapter the following new Section:
"360A. All references and provisions for civil- service as provided for the regular police force in the foregoing sections shall not be construed to refer to clerical help and laborers and assistants not employed as regularly constituted members of the Police force of said City."

Section 2. Before any person shall be entitled to any hospital or charitable services render.ed by the City of Atlanta, he shall be a bona fide :resident of Atlanta or Fulton County for at least six months prior to the time of such hospital or charitable service is requested, provided, however, this residence provision shall not prevent one from receiving hospitalization for an illness or an injury growing out of an emergency and the superintendent of the hospital shall in his judgment determine what is an emergency case.
Section 3. The Engineer and Secretary .of the Planning Commission shall in the future be elected by the Mayor and General Council, and shall be elected for a term of three (3) years.

Section 4. The present ex1stmg terms 9f the two Recorders of the City of Atlanta are hereby extended one year. They shall hold their respective offices until the first Monday in January, 1940, or until their successors are duly elected and qualified. Their successors shall be voted on at the next general election of the City of Atlanta.

Section 5. In any case where the Tax Assessors and Receivers have knowledge or information that personal property which is subject to a lien for unpaid taxes is being

SATURDAY, MARCH 20, 1937.

2021

removed or is about to be removed beyond the limits of the city, prior to the date on which executions can be issued, such Tax Assessors and Receivers are authorized and empowered to issue, instanter, tax executions against the owner and said property about to be or being removed.

Section 6. The Library Committee appointed by General Council shall consist of two members from each ward, one of whom shall be a woman.

Section 7. Section 46 of the charter of the City of Atlanta as embodied in Code City of Atlanta, 1924, is amended by adding at the end of said section the following:

"or, in the event the Board of Aldermen does not con-

cur by reason of a tie vote, in the action of Council, then

by a majority vote of the General Council at its next

meeting, general or special."



so that such amended Section 46 shall read as follows:

Sec. 46. Separate Action-Indebtedness-ExpenditureIn all votes, resolutions or ordinances having for their object the increase of the indebtedness of the city, or the expenditure of its revenue, except appropriations for the payment of its salaried officers, the Councilmen representing the different wards, and Aldermen representing the city at large, shall act as separate and distinct legislative bodies; and no vote, resolution or ordinance having for its object the increase of the indebtedness of the city, or the expenditure of its monies, or authorizing the sale of any part of the public property of the city, or the granting of franchises for street railroads or railways, or telephone companies or telegraph companies, or electric or gas companies, or any other similar franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the company seeking the franchise, shall be voted until the sanie shall have received a majority
of the votes of a quorum of each 6 those legislative bodies,

.

..

2022

JouRNAL OF THE SENATE,

separately cast, or, in the event the Board of Aldermen does not concur by reason of a tie vote, in the action of council, then by a majority vote by General Council at next meeting, general or special."

Section 8. Section 48 of the charter of the City of Atlanta, as embodied in Code City of Atlanta, 1924, is amended as follows: by adding between the words of said section "regular meeting," the words "or special," and between the words "meeting" and "the meeting," the words "at which time if there is a tie vote on re-consideration, the provisions of Section 46 shall apply", so that said Section 48, as amended, shall read:

"Section 48. Notice to reconsider-One AldermanTwo Councilmen.-When any such vote or resolution is passed, any one A~derman or two Councilmen may give notice of a motion to reconsider, which motion in either case shall operate to delay the question until said consideration can be acted upon at the next regular or special meeting, at which time if there is a tie vote on re-consideration, the provisions of Section 46 shall apply. The meeting of said Aldermen to be presided over by the Mayor-Pro tern., and the City Clerk shall keep the minutes as in meeting of General Council."

Section 9. The duly elected Mayor shall be an ex-officio member of all Standing Committees of General Council, Boards, or Commissions created by charter or ordinance, other than the Board of Education or any committee created by said Board.

Section 10. All laws or 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.

SATURDAY, MARCH 20, 1937.

2023

On the passage of the bill, by substitute, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

By Messrs. Parker and Barlow of Colquitt-
House Bill No. 716. A bill to create and establish a new charter for the City of Moultrie, and for other purposes.
The committee offered the following amendment to House Bill No. 716:
To amend by striking Section 79 in its entirety. The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mr. Brooks of Oglethorpe-
House Bill No. 725. A bill to amend an Act entitled an Act to establish the City Court of Lexington in and for the County of Oglethorpe, and for other purposes.
The committee offered the following substitute for House Bill No. 725:

A BILL
To be entitled an Act to amend an Act entitled an Act to establish the City Court of Lexington, in and for the County of Oglethorpe; to define its jurisdiction and powers; to provide for the. appointment of a Judge, Solicitor and other cfficers thereof, and to defin.e their powers and duties; to provide for pleading and practice

2024

JouRNAL OF THE SENATE,

and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes approved December 13, 1899, and all acts amendatory thereto, by providing that the Judge and Solicitor of said City Court of Lexington shall on and after January 1, 1941, he elected; to provide for the election of a Judge and Solicitor of said Court at an election to be held in the year of 1940 at the same time other county officers of Oglethorpe County are elected and under the provisions of law applicable thereto; to provide that there_after the Judge and Solicitor of said Court shall hold office for terms of four years; to provide the compensation for the said Judge and Solicitor; to provide for a special election to fill any vacancy occurring in said offices; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that:

Section 1. The Act to establish the City Court of Lexington appearing on page 395 et seq. of the Acts of the -General Assembly of 1899, he, and the same is hereby amended by adding thereto the following section at the end of Section 66 appearing on page 406 of Georgia Laws of 1899, to read as follows:
"Be it further enacted by the authority aforesaid, that inthe 1940 general election to he held in the County of Oglethorpe for the election of county officials, there shall be elected a Judge and Solicitor of the City Court of Lexington for terms of office beginning January 1, 1941 and ending December 31, 1945. Thereafter the successors. to the office of Judge and Solicitor of the City Court of Lexington shall he elected for terms of four years. In the event of a vacancy in either office it shall be the
duty of .the Ordinary of Oglethorpe .County to c_all a special .election jo fill t~e said~ ifLCat1CY. N o~ice of said
election must be adverttsed. for two_ weeks priOr to hold-

SATURDAY, MARCH 20, 1937.

2025

ing the same and the election must be held within 60 days after the said vacancy occurs."

Section 2. All laws and parts of laws m conflict with this Act are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

By Messrs. Moore and Ennis of Baldwin-
House Bill No. 758. A bill to amend the charter of the City of Milledgeville by providing that the authorities of the city may levy a 2 mill increase in the tax levied for the support of the public schools of said city, and for other purposes.
The committee offered the following amendment to House Bill No. 758:
To amend by inserting the number 60 in lieu of 30 in line 18 and by inserting the words, closed 10 days prior to said primary, or election, after the holding, in line 18, so as to read when amended, as follows in lines 17-18 and 19.
"The Registration Books of the said city, shall be opened 60 days prior to Primary or election and closed 10 days prior to said Primary or election and any qualified voter may register so as to be entitled to vote in said Primary, or election."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

2026

JouRNAL OF THE SENATE,

On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

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

By Mr. Adams of Franklin-
House Bill No. 61. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the reqtiisite constitutional majority was passed.

By Messrs. Dunn of Pike and McGraw of Meriwether-
House Bill No. 79. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majotity was passed.

By Mr. Dunn of Pike-
House Bill No. 131. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

SATURDAY, MARCH 20, 1937.

2027

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Horne and Weaver of Bibb-
House Bill No. 172. A bill to amend Title 27-2703 of the Code providing for appointment of probation officers by Judges of Constitutional City Courts in counties where such courts exist, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harrison of Crawford-
House Bill No. 206. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Whipple of Bleckley and Daughtry of Wilkinson-
House Bill No. 229. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

2028

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Ragan of Pulaski, Whipple of Bleckley, Smith of Dodge, Whaley of Telfair, Clements of Wheeler, Warnock of Montgomery, and Fowler of Treutlen-
House Bill No. 239. A hill to provide for additional compensation for the Official Stenographic Reporter of the Superior Courts of the Oconee Judicial Circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 26, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Messrs. Herndon of Hart and Adams of Franklin-

House Bill No. 254. A bill to amend the Highway

Mileage Act by adding a road to the State Aid System, and

for other purposes.



The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the hill, the ayes were 27, the nays 0.

The hili having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 300. A hill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

SATURDAY, MARCH 20, 1937.

2029

. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 301. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Whaley of Telfair and Jones and Smith of Dodge-
House Bill No. 308. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Adams of Franklin_,.

House Bill No. 313. A bill to amend the High~ay

Mileage Act,by adding>a road to.the Statd Aid System, llnd

for other purposes.

_,) ~ . ;n'J ::.. ..

. J"i. . : ~-:

2030

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to. the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sutton of Wilkes-
House Bill No. 320. A bill to amend Section 100-101 of the Code of 1933 by adding the Town of Tignall to the list of State depositories, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Beck of Carroll and Moore of Haralson-
House Bill No. 330. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Erwin of Lamar and Harvey of Upson-
House Bill No. 331. A bill to amend the HighwayMileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, MARCH 20, 1937.

2031

On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Patten of Cook, Swindle of Berrien, and Goff of Titt-
House Bill No. 353. A bill to amend the Highway Mileage Act by adding .a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Croker of Paulding-
House Bill No. 384. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Moore of Taliaferro and Brooks of Oglethorpe-
House Bill No. 391. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.

2032

JOURNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Oden of Pierce-
House Bill No. 395. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Corbett of Atkinson, Sapp of Coffee, and Swindle of Berrien-
House Bill No. 403. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Houze and Coleman of Lowndes, and Harrel and Blease of Brooks-

House Bill No. 405. A bill to amend the Highway Mileage Act by adding a'road to the State Aid System, and for other purposes.

The report of the committee, which was favorable to

the; passage of the bill, was agreed to.

'

On the passage of the bill, the ayeS' were 27; the Jilays 0.

SATURDAY, MARCH 20, 1937.

2033

The bill having received the requisite constitutional majority was passed.

By Messrs. Jones of Jenkins and Bargeron of Burke-
House Bill No. 415. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Dukes of Washington-
House Bill No. 450. A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Washington County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Herrin of Echols-
Hause Bill No. 539. A bill to repeal an Act requiring Commissioners of Roads and Revenues of Echols County and members of the County School Board to give bond, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.

2034

JouRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Messrs. Joel and Hill of Clarke-
House Bill No. 571. A bill to fix the compensation of the official court reporter of the Superior Courts of the Western Circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Lewis of Burke-
House Bill No. 573. A bill to amend an Act incorporating the Town of Midville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hand of Mitchell-
House Bill No. 602. A bill to fix the bond of the Sheriff of Mitchell County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

SATURDAY, MARCH 20, 1937.

2035

By Mr. Taunton of Taylor-
House Bill No. 638. A bill to reduce the official bond of the Sheriff of Taylor County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having- received the requisite constitutional majority was passed.

By Messrs. Enriis and Moore of Baldwin-
House Bill No. 644. A bill to require payment of fees of Clerks and Sheriff of the Superior Court in divorce cases in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, .the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. McCracken of Jefferson-
House Bill No. 654-A. A bill to reduce the bond of the Sheriff of Jefferson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Smith, Elliott, and Leonard of Muscogee--
House Bill No. 656. A bill to amend the charter of the City of Columbus, and for other purposes.

2036

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb-

House Bill No. 657. A bill to amend the charterforthe

City of Macon by providing retirement pensions for Macon

firemen and policemen, and for other purposes.



The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, the naysO.

The bill having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb--
House Bill No. 660. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Rawlins of Ben Hill-
House Bill No. 662. A bill to repeal the Act creating the office of Commissioners of Roads and Revenues for Bep Hill County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, MARCH 20, 1937.

2037

On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Rawlins of Ben Hill-
House Bill No. 663. A bill to reduce the bond of the Sheriff of Ben Hill County, and for other purposes.
The report of the committee, which was favorable to . the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Taunton of Taylor-
House Bill No. 665. A bill to consolidate the Acts incorporating the City of Butler, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Daughtry of Wilkinson-
House Bill No. 670. A bill to amend an Act incorporating the Town of Mcintyre, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

2038

JouRNAL oF THE SENATE,

By Mr. Goff of Tift-
House Bill No. 674. A bill to amend the charter of the City of Tifton, and for other purposes.
_The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Bridges of Early-
House Bill No. 680. A bill to repeal an Act changing the number of terms per year of the City Court of Blakely, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Herndon of Hart-
House Bill No. 681. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Smith and Jones of DodgeHouse Bill No. 686. A bill to regulate the holding of

SATURDAY, MARCH 20, 1937.

2039

primary elections in Dodge County, by all political parties, and for other purposes.

The report of the committee, which was favorable to

the passage of the bill, was agreed to.



On the passage of the bill, the ayes were 29, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Jones and Smith of Dodge-
House Bill No. 687. A bill to regulate the holding of primary elections by all political parties in Dodge County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Keel, Davis, and Lanham of Floyd-
House Bill No. 688. A bill to amend an Act creating a new charter for the City of Rome, and for other purposes.
The report of the committee, which was favorable to the passl;lge of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Adams of Franklin-
House Bill No. 692. A bill to amend an Act abolishing the offices ofTax Receiver and Tax Collector of Franklin County, and for other purposes.

2040

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Chappell and Ferguson of Sumter-
House Bill No. 698. A bill to amend the charter of the City of Americus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Todd of Glascock, J:>ilcher of Warren, and McCracken of Jefferson-
House Bill No. 699. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 705. A bill to amend an Act incorporating the City of Swainsboro, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, MARCH 20, 1937.

2041

On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mrs. Coxon of Long-
House Bill No. 706. A bill to reduce the bond of the Sheriff of Long County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 707. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 708. A bill to require coroners in certain counties to select as one of the jurors for every inquest a competent stenographer, and to provide for compensation, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.

2042

JOURNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Warnell of Bryan-
House Bill No. 709. A bill to amend an Act establishing the County Treasurer of Bryan County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Warnell of Bryan-
House Bill No. 710. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Bryan County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Daughtry of Wilkinson-
House Bill No. 712. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Wilkinson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0. The bill having received the requisite constitutional majority was passed.

SATURDAY, MARCH 20, 1937.

2043

By Mr. McCracken of Jefferson-
House Bill No. 713. A bill to amend an Act creating a Board of Roads and Revenues for Jefferson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Simmons and Kirbo of Decatur-
House Bill No. 718. A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County, and for other purposes.
The report of the committee, which was favorable to the pa.Ssage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Campbell of Newton, Key of Jasper, and Batchelor of Putnam-
House Bill No. 719. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

2044

JouRNAL OF THE SENATE,

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 721. A bill to amend an Act to regulate public instruction in the County of Richmond, and for other purposes.
The report of the committee, which was favorable to _the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Dukes and Scruggs of Washington, and McCracken of Jefferson-
House Bill No. 724. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Coleman and Houze of Lowndes-

House Bill No. 728. A bill to amend the charter of the

City of Valdosta, and for other purposes.

.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Vickery of CharltonHouse Bill No. 734. A bill to amend the Highway

SATURDAY, MARCH 20, 1937.

2045

Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Perry and Houston of Worth-
House Bill No. 735. A bill to amend an Act abolishing a fee system now existing in the Superior Court of the Tifton Judicial Circuit, as applied to the office of SolicitorGeneral, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 737. A bill to abolish the offices of Tax Receiver and Tax Collector of Bulloch County and to create the office of County Tax Commissioner, and for other purposes..
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Deal and Preston of BullochHause Bill No. 738. A bill to amend an Act creating

2046

JouRNAL OF THE SENATE,

the City Court of Statesboro, and to. change the salary of the Solicitor of the City 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 739. A bill to amend an Act to provide for the creation of a Board of County Commissioners of Bulloch County, and for other purposes.
The report of the committee, which was fa~orable to the pa!>sage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gammage of Terrell-
House Bill No. 741. A bill to change the time of holding the Superior Court of Terrell County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Tate of Pickens, Wilson of Murray, and Ellington of Gilmer-
House Bill No. 745. A bill to amend the Highway

SATURDAY, MARCH 20, 1937.

2047

Mileage Act by adding a road to the State Aid System, and for otl. er purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 746. A bill to amend an Act establishing the Municipal Court of Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Scruggs and Dukes of Washington-
House Bill No. 747. A bill to amend an Act fixing the salary of the County Commissioners of Washington Comity, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 748. A bill to amend an Act amending the charter of the City of College Park, and for other purposes.

2048

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Scruggs of Washington-
House Bill No. 751. A bill to repeal an Act establishing a Council for Washington County, and for other purposes.
The report of the committee, which was favorable to the passage of tht- hill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Scruggs and Dukes of Washington-
House Bill No. 752. A bill to establish a County Council for Washington County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. New~on ofToombs-
House Bill No. 753. A bill to create and incorporate the City of Charles, Toombs County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, MARCH 20, 1937.

2049

On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Jones and Smith of DodgeHouse Bill No. 754. A bill to amend an Act incorporat-
ing the Town of Chauncey, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of th~ bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Jones and Smith of Dodge-
House Bill No. 755. A bill to amend an Act abolishing the office of Treasurer of Dodge County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Whipple of Bleckley-
House Bill No. 762. A bill to provide for the holding of three terms of the Superior Court of Bleckley County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional. majority was passed.

2050

JouRNAL oF THE SENATE,

By Messrs. Williams of Jones, Moore and Ennis of Baldwin, Weaver, Freeman, and Horne of Bibb-
House Bill No. 765. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and fot other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 771. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Weaver, Horne, and Freeman of Bibb-
House Bill No. 772. A bill to amend an Act establishing a charter for the City of Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having recei\'ed the requisite constitutional majority was passed.

By Messrs. Freeman, Weaver, and Horne of BibbHouse Bill No. 773. A bill to create the office of Assistant

SATURDAY, MARCH 20, 1937.

2051

Solicitor General of the Macon Judicial Circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Moore of Lumpkin and Dugas of White-
House Bill No. 774. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gross of Stephens~
House Bill No. 776. A bill to amend an Act establishing the City Court of Stephens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lewis and Bargeron of BurkeHouse Bill No. 796. A bill to amend and renew the
various Acts incorporating the Town of Waynesboro, and for other purposes.

2052

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lewis and Bargeron of Burke-
House Bill No. 797. A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Burke County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional I?ajority was passed.

By Mr. Hayes of Miller-
House Bill No. 803. A \:-ill to amend the charter of the City of Colquitt, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Cochran and Edwards of Thomas-
House Bill No. 807. A bill to amend the charter of the City of Thomasville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.

SATURDAY, MARCH 20, 1937.

2053

The bill having received the requisite consti:tutional majority was passed.
Senate Resolution No. 34, .a resolution proposing an amendment to the Constitution providing payment of pensions to Confederate widows, was taken up for the purpose of considering the following House amendment thereto:

By Mr. Hamby of Rabun-
To amend by striking the figures "1910" wherever the same appear in said resolution and inserting in lieu thereof the figures "1920."
The Senate agreed to the House amendment to Senate Resolution No. 34.
The Senate insisted upon its pos1t1on on the following bill of the House and requested that a Conference Committee be appointed:
By Mr. Parker of Colquitt-
House Bill No. 161. A bill to repeal an Act approved August 27, 1931, and Code Section 67-107 of the Code of 1933, and for other purposes.
The Senate insisted upon its pos1t1on on the following bill of the House and requested that a Committee of Conference be appointed:

By Mr. Carmichael of Cobb-
House Bill No. 295. A bill to be known as the Tobacco Tax Act.
The Senate insisted upon its position on the following bill of the House and requested that a Committee of Conference be appointed:

'2054

JouRNAL oF THE SENATE,

By Mr. Jones of Bartow-
House Bill No. 341. A bill to amend Chapter 106-3 of the 1933 Code by adding thereto a new section providing that nothing contained in said chapter shall work any forfeiture of any right of any civil action in the courts of this State, and for other purposes.

Senator Millican of the 35th District moved that House Bill No. 190, a bill to provide fm the licensing of Architects, be placed on the calendar for the purpose of disagreeing to the report of the committee.
The motion prevailed.

The followil:]g Conference Committee report was submitted, read and adopted:
The Conference Committee of the House and Senate on House Bill No. 723, beg to report and recommend as follows:
1st. That the Senate recede from its position raising the tax on domestic wines; that both the Senate and the House recede from their positions on the other portions of the first, second and fitth Senate Committee amendments; and that the following be substituted for Subsection (a) of Section 3 of the House bill:
"(a) On domestic wines having an alcoholic strength of not more than 14% alcohol by volume-10 per gallon. On domestic wines of between 14% and 21% alcoholic strength by .volume-30 per gallon. Domestic wines are hereby defined and declared to be those wines manufactured wholly within this State from fruits and berries grown only within the State of Georgia and produced by natural fermentation. Wine manufactured in Georgia for export shall not be subject to the tax herein imposed."

SATURDAY, MARCH 20, 1937.

2055

2nd. That the Senate and House both recede from their positions on the 3rd, 4th and 5th Senate Committee amendments, and substitute in lieu thereof, the following for Subsection (b) of Section 3 of the House bill:
"(b) On foreign wines having an alcoholic strength of not more than 14% alcohol by volume-40 per gallon. On toreign wines between 14% and 21% alcoholic strength by volume--60 per gallon. Foreign wines are hereby defined and declared to be wines which are imported in whole or in part into the State of .Georgia or manufactured in the State of Georgia from products imported in whole or in part from without the State and produced by .natural fermentation."
3rd. The House recedes from its position on the other Senate amendments.
Respectfully submitted,
On part of the Hou~e:
CARMICHAEL of Cobb,
FREEMAN of Bibb,
CHAPPELL of Sumter.

On part of the Senate:
PATTEN of the 6th District, ATKINSON of the 1st District, PoPE of the 7th District.
The President named as a Committee on Conference on the part of the Senate to confer with a like committee from the House on House Bill No. 295, known as the Tobacco Tax Act the following:
Senators Purdom of the 46th District, Jackson of the 14th District, and Pope of the 7th District.

2056

JOURNAL OF THE SENATE,

Senator Atkinson of the 1st District moved that the Senate give immediate consideration to a sealed communication from His Excellency, the Governor. The motion prevailed.

Senator Atkinson of the 1st District moved that the Senate do now go into Executive Session, and the motion prevailed.
The President ordered the floor and galleries of the Senate cleared.

The following communication was transmitted. by the Secretary of the Senate to His Excelleqcy, the Governor:

HoN. E. D. RivERS, Governor of Georgia, Executive Department.

March 20, 1937.

Dear Governor Rivers:

In compliance. with the rules of the Senate govermng executive sessions, I beg leave to report:
Your nomination of: "Hon. E. R. Hines of the County of Baldwin, to be Judge of the County Court of Baldwin County, for a term begirming September 3, 1937, and expiring on September 3, 1941," was this day confirmed by the Georgia State Senate. The vote on confirmation was 31 to 0. It is informative to state there were but 31 members of the Senate present today, this being Saturday and the date of a large Senate committee absent on visitation.

With high regards, I am

Sincerely yours,

w. JOHN

HAMMOND,

Secretary Georgia Senate.

FRIDAY, MARCH 20, 1937.

2057

The following privilege resolutions were read and adopted:

By Senator Terrell of the 19th District-
A resolution extending the privileges of the floor to Major and Mrs. T. H. Rentz, distinguished citizens of Milledgeville, Georgia.

By Senator Holmes of the 22nd District-
A resolution extending the privileges of the floor to Mrs. W. D. Aultman, Miss Dorothy and Mr. Hugh Aultman, the charming wife and children of the distinguished Senator from the 23rd District.

By Senator Burgin of the 24th District-
A resolution extending the privileges of the floor to Hon. James W. Woodruff of Columbus, Georgia.

By Senator Aultman of the 23rd District-
A resolution extending the privileges of the floor to Mr. C. A. Holmes, Jr., son of the distinguished Senator of the 22nd District.

By Senator Terrell of the 19th District-
A resolution extending the privileges of the floor to Hon. H. W. Fortson of Macon, Georgia.

Senator Walker of the 28th District moved that the Senate do now adjourn until Monday, March 22nd, at 10:00 o'clock, A.M. The motion prevailed.

The President announced that the Senate stood adjourned until Monday morning at 10:00 o'clock.

2058

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, MARCH 22, 1937.

The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President.

Prayer was offered by the Rev. C. G. Earnest, acting Chaplain.

Senator Millican of the 35th District asked unanimous consent that the calling of the roll be dispensed with and the consent was gran ted.

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of Saturday's session had been examined and found to be correct.

Senator McKenzie of the 48th District asked unanimous

consent that the reading of the Journal be dispensed with

and the consent was granted.



The Journal was confirmed.

The following resolutions of the Senate were read and adopted:

By Senator Forrester of the 44th District and others-
Senate Resolution No. 102. A resolution expressing the thanks of the members of the Penitentiary Committee to Senator Purdom of the 46th District for his efforts in arranging for the visit of the committee over last week-end.

By Senator Millican of the 35th DistrictSenate Resolution No. 103. A resolution instructing

MoNDAY, MARCH 22, 1937.

2059

the Secretary of the Senate to furnish to the Clerk of the House a certified copy of Senate Bill No. 92 which had been misplaced in the House.

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

Mr. President:
The House has passed by the reqms1te consthutional majority the following hills and re~olution of the House, to-wit:

By Messrs. Houston and Perry of Worth-
House Resolution No. 127-533h. A resolution relieving
John M. Massey and J. G. S. Powell from liability on the
bond of Troy Tyson, and for other purposes.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 460. A hill to he entitled an Act to provide for the compensation of Jury Commissioners and their Clerks in certain counties, and for other purposes.

By Messrs. Gammage of Terrell, Houston of Worth, and others-
House Bill No. 545. A hill to he entitled an Act to amend Code Section 855 as found in Parks 1914 Annotated Code of Georgia to sell goods, wares and merchandise to such municipality, and for other purposes.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 603. A hill to he entitled an Act amending the Act creating the Criminal Court of Atlanta.

2060

JouRNAL OF THE SENATE,

By Mr. Rawlins of Ben Hill-
House Bill No. 763. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Messrs. Peters and McGraw of Meriwether and Douglas of Talbot---,-
House Bill No. 775. A bill to be entitled an Act to amend the State Highway Mileage Act by adding additional mileage known as the Scenic Highway located in Harris, Talbot, and Meriwether Counties, and for other purposes.

By Messrs. Gammage of Terrell and Manry of Calhoun-
House Bill No. 818. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Mr. Campbell of Newton-
House Bill No. 838. A bill to be entitled an Act to amend an Act of August 18, 1919, relating to the salary of Treasurer of Newton County, and for other purposes.

By Mr. Warnock of Montgomery-
House Bill No. 842. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 555. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and the several acts amendatory thereto, and for other purposes.

MoNDAY, MARCH 22, 1937.

2061

The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on House Bill No. 555 the following members of the House, ta-wit:

Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

By Mrs. Coxon of Long and Messrs. Key of Jasper, Parker of Colquitt, and Gross of Stephens-
House Bill No. 446. A bill to be entitled an Act to authorize counties, cities and towns to acquire, construct, etc., and extend revenue producing undertakings; to maintain and operate same; to collect rates, fees, etc., for services; and for other purposes.

By Messrs. Mundy of Polk, Hill of Clarke, Lanham of Floyd, Bennett of Ware, and others-
House Bill No. 689. A bill to be entitled an Act to amend Section 32-104 of the present Code of the State of Georgia relating to the Board of Regents of the University System of Georgia and how constituted, and for other purposes.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 809. A bill to amend an Act of March 28, 1935, which provides for the appointment of special criminal bailiffs in certain counties, and for other purposes.
The House has adopted the reports of Conference Committees on the following bills of the House, ta-wit:

2062

JouRNAL oF THE SENATE,

By Messrs. Kendrick of Fulton and Lanier of Richmond-
House Bill No. 169. A bill to be entitled an Act to amend Title 54, Chapter 54-1 of Georgia Code of 1933, by striking the entire chapter and substituting therefor a new section, and to create the office of Commissioner of Labor and prescribe the duties of said commissioner, and for other purposes.

By Mr. Carmichael of Cobb-
House Bill No. 295. A bill to be entitled an Act to double the present tax on cigars and cigarettes, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and/or resolutions of the House, to-wit:

By Mr. Ragan of Pulaski-
House Resolution No. 34-189a. A resolution authorizing the State Librarian to furnish certain law books to Pulaski County.

By Messrs. Harris of Richmond and Fowler of Treutlen-
House Resolution. No. 234. A resolution that the Committee on Conservation be permitted to make its inspection trip after adjournment sine die of this session and when the committee decides to make said trip.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 397. A bill to be entitled an Act to

MoN'DAY, MARCH 22, 1937.

2063

provide for the examination of Master and Journeyman Plumbers in counties having a population ofover 150,000, and for other purposes.

By Mr. Whipple of Bleckley-
House Bill No. 536. A bill to be entitled an Act to provide for research work for the (urther development of the livestock industry in Georgia, and to appropriate $50,000, and for other purposes.

By Messrs. Candler, Turner, and Sams of DeKalb-
House Bill No. 560. A bill to be entitled an Act to amend Section 92-6911 of the Code of 1933 so as to provide for service of notice of corrections, changes and equali.:. zations made by the County Board of Tax Assessbrs by mail, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-

House Bill No. 750. A bill to be entitled an Act to

provide for pensions for members of the police department

in cities having a population of 150,000 or more, and for

other purposes.



By Mr. Hampton of Fannin-
House Bill No. 779. A bill to be entitled an Act to amend "An Act to create the office of Commissioner of Roads and Revenues of Fannin County," and for other purposes.

By Messrs. Brooks and Wages of Jackson, and others-
House Bill No. 789. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

2064

JouRNAL OF niE SENATE,

By Mr. Miller ofLanier-
House Bill No. 826. A hill to he entitled an Act amending an Act to create a Board of Commissioners of Roads and Revenue for Lanier County, and for other purposes.

By Messrs. Rowland of Johnson and Larsen of Laurens-
House Bill No. 832. A hill to he entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Mr. Key of Jasper-
House Bill No. 761. A hill to he entitled an Act to make appropriations for operation of the State Government, and for other purposes.
The House has passed, as amended, the following hills of the Senate, ta-wit:

By Senator Atkinson of the 1st District-
Senate Bill No. 160. A hill to he entitled an Act to amend the several Acts creating and relating to the Municipal Court of Savannah, and for other purposes.
By Senator McCutchen of the 43rd District-
Senate Bill No. 183. A hill to he entitled an Act to amend the charter of the City of Dalton; relative to the police department of said city; and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following hill of the House the following members of the House, to-wit:
By Mr. Carmichael of Cobb-
House Bill No. 295. A hill to he entitled an Act to

MoNDAY, MARCH 22, 1937.

2065

double the present tax on ctgars and cigarettes, and for other purposes.

Messrs. Smith of Muscogee,
Carmichael of Cobb, and
Sabados of Dougherty.
The Speaker has appointed asa CommitteeofConference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House the following members of the House, ta-wit:

By Mr. Jones of Bartow-
House Bill No. 341. A bill to be entitled an Act to amend the Code of 1933, by adding thereto a new section in reference to the use of fictitious or trade names used in business, and for other purposes.

Messrs. Sams of DeKalb,. Durden of Dougherty, and Jones of Bartow.
The following bills of the House were read the first time and referred to the committees:

By Messrs. Marshall of Macon, Booth of Barrow, and Sanders of Coweta-
House Bill No. 57. A bill to authorize the Commissioner of Game and Fish to make necessary rules to control Seafood Industries, and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Harrison of Crawford, Zellner of Monroe, and Taunton of Taylor-
House Bill No. 243. A bill to enable the State Highway

2066

JouRNAL OF THE SENATE,

Department to effectually carry out the provisions of a certain amendment to the State Constitution, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 397. A bill to provide for the examination of Master and Journeyman Plumbers and Steam Fitters carrying on business in certain counties; to create a Board of Examiners for said purpose; and for other purposes.
Referred to Committee on Uniform Laws.

By Mr. Whipple of Bleckley-
House Bill No. 536. A bill to provide for research and work for the further development of the livestock industry in Georgia; to appropriate a sum for 1938 to the Board of Regents of the University System to be expended for such work; and for other purposes.
Referred to Committee on Agriculture.

By Messrs. Candler, Turner, and Sams of DeKalb-
House Bill No. 560. A bill to amend Section 92-6911 of the 1933 Code so as to provide for service of notice of corrections and equalizations made by the County Board of Tax Assessors by mail, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Durden and Sabados of Dougherty-
House Bill No. 594. A bill to amend Paragraph 1, Section 7, Article 7 of the State Constitution so as to provide for allowing the City of Albany to increase bonded indebtedness, and for other purposes.

MoNDAY, MARCH 22, 1937.

2067

Referred to Committee on Amendments to the Constitution.

By Messrs. Elliott of Muscogee, Lanier and Harris of Richmond, Sutton of Wilkes, and many others-
House Bill No. 676. A bill to conset ve soil resources and prevention and controlling erosion, and for other purposes.
Referred to Committee on Conservation.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 750. A bill to provide pensions for members of the police department in certain cities, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Key of Jasper-
House Bill No. 761. A bill to make appropriations for operation of the State Government, and for other purposes.
Referred to Committee on Appropriations.

By Mr. Hampton of Fannin-
House Bill No. 779. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, a,nd for other purposes.
Referred. to Committee on Counties and County Matters.

By Messrs. Brooks and Wages of Jackson, and others-
House Bill No. 789. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

2068

JouRNAL OF THE SENATE,

By Messrs. Moore of Lumpkin and Phillips and Palmour of Hall-
House Bill No. 790. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Dugas of White-
House Bill No. 792. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Rountree and Flanders of Emanuel-
House Bill No. 793. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Baggs of Mitchell-
House Bill No. 794. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Hand of Mitchell-
House Bill No. 795. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

MoNDAY, MARCH 22, 1937.

2069

By Mr. Adams of Franklin-
House Bill No. 801. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Etheridge of Houston-
House Bill No. 802. A bill to create a new charter for the City of Perry, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 804. A bill to create a new charter for the Town of Flowery Branch, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Larsen and 'Dampier of Laurens-
House Bill No. 460. A bill to provide for the compensation of jury commissioners and their clerks in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Gammage of Terrell, Houston of Worth, Booth of Barrow, and Gross of Stephens-
House Bill No. 545. A bill to amend Section 855(aa) as found in Park's 1914 Annotated Code, so as to authorize persons holding office under municipal corporations to sell goods to such municipality, and for other purposes.
Referred to Committee on State of the Republic.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-

2070

JouRNAL OF THE SENATE,

House Bill No. 603. A bill to amend an Act creating a Criminal Court of Atlanta, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Rawlins of Ben Hill-
House Bill No. 763. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Peters and McGraw of Meriwether and Douglas of Talbot-

House Bill No. 775. A bill to amend the Highway

Mileage Act by adding a road to the State Aid System, and

for other purposes.



Refened to Committee on Highways and Public Roads.

By Messrs. Gammage of Terrell and Manry of Calhoun-
House Bill No. 818. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Campbell of Newton-
House Bill No. 838. A bill to amend an Act relating to the salary of the Treasurer of Newton County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Warnock of Montgomery-
House Bill No. 842. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

MoNDAY, MARCH 22, 1937.

2071

By Mr. Gary of Quitman-
House Bill No. 821. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenue of Quitman County, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Mr. Daves of Dooly-
House Bill No. 824. A bill to amend an Act reducing the bond of the Sheriff of Dooly County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Miller of Lanier-
House Bill No. 826. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lanier County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Jackson of Habersham-
House Bill No. 827. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Tapp of Gwinnett-
House Bill No. 829. A bill to amend an Act incorporating the Town of Buford, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Rowland of Johnson and Scruggs of Was?ington-
House Bill No. 831. A bill to amend the Highway

2072

JouRNAL oF THE SENATE,

Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Rowland of Johnson and Larsen of Laurens-
House Bill No. 832. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.
The following resolutions of the House were read the first time and referred to the committees:

By Mr. Ragan of Pulaski-
House Resolution No. 34. A resolution authorizing the State Librarian to furnish certain law books to the County of Pulaski, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Harrell and Blease of Brooks-
House Resolution No. 89. A resolution proposing to the qualified voters an amendment to Article 3, Section 7, of the Constitution, authorizing planning and zoning laws for certain counties, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Messrs. Houston and Perry of Worth-
House Resolution No. 127. A resolution relieving John M. Massey and J. G. S. Powell from liability on the bond of Troy Tyson, and for other purposes.
Referred to Committee on Counties and County Matters.

MoNDAY, MARCH 22, 1937.

2073

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 825.
House Bill No. 823.

Respectfully submitted, JAcKSON, Chairman.

Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report:

Mr. President: Your Committee on Conservation has had under con-
sideration the following bill of the House and has instructed me, as. chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 676.
Respectfully submitted,
SHEDD, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

2074

JouRNAL oF THE SENATE,

Mr. President:
Your Committee on Counties and County Matters 'has had under consideration the following bills and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 560.
House Resolution No. 127-533b.
House Bill No. 824.
House Bill No. 779. Respectfully submitted, JAc:<.soN, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass:
House Bill No. 603. Respectfully submitted, SHANNON, Chairman.
Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President: Your Committee on Hygiene and Sanitation has had

MoNDAY, MARCH 22, 1937.

2075

under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass:
House Bill No. 605.

Respectfully submitted,

CHASON, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President: Your Committee on General Judiciary No. 1 has had
under consideration the following hills of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass:
House Bill No. 53.
House Bill No. 730.
Respectfully submitted,
LINDSAv, Chairman.

Senator Aultman of the 23rd District, Chairman of the Committee on Game and Fish, submitted the following report:
.Mr. P1 esident: Your Committee on Game and Fish has had under
consideration the following hill of the House and has in-

2076

JouRNAL OF THE SENATE,

structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 57.

Respectfully submitted, AuLTMAN, Chairman.

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to the Constitution
has had under consideration the following bills and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 89-456a.
House Bill No. 235.
House Bill No. 594.
Respectfully submitted,
PoPE, Chairman.

Senator Patten of the 6th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back

MoNDAY, MARCH 22, 1937.

2077

to the Senate with the recommendation that the same do pass:
House Bill No. 782. Respectfully submitted, PATTEN, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President: Your Committee on Municipal Government has had.
under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 813 do pass, as amended.
House Bill No. 822 do pass.
House Bill No. 798 do pass.
Respectfully submitted, PEEBLES, Chairman.

Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President:

Your Committee on Motor Vehicles has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute:

House Bill No. 321.

Respectfully submitted, SuTToN, Chairman.

2078

JouRNAL oF THE SENATE,

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

By Mr. Evans of McDuffie-
Hause Bill No. 53. A bill to amend certain Code Sections of the 1933 Code relating to drawing of juries, and for other purposes.

By Mr. Durden of Dougherty-
House Bill No. 235. A bill to amend Section 2, Article 6 of the State Constitution, as to disqualified Judges on the Supreme Court, and for other purposes.

By Messrs. Musgrove of Clinch and Middleton of Dade-
House Bill No. 730. A bill to amend the 1933 Code, so as to provide for cooperation between counties and municipalities for school maintenance and improvement, and for other purposes.

By Messrs. Gross of Stephens and Whipple of Bleckley-
House Bill No. 782. A bill to authorize school districts in which local tax is now or may hereafter be levied for school purposes to refund outstanding bonded indebtedness of such district, and for other purposes.

By Messrs. Mundy and Trippe of Polk-
House Bill No. 798. A bill to create a new charter for the City of Cedartown, and for other purposes.

The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Phillips and Palmour of HallHouse Bill No. 823. A bill to amend an Act creating a
Board of Commissioners of Roads and Revenues of Hall County, and for other purposes.

MoNDAY, MARCH 22, 1937.

2079

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 825. A bill to reduce the bond of the Sheriff of Lowndes County, and for other purposes.

The following resolution of the House was read and adopted:

By Messrs. Harris of Richmond and Fowler of Treutlen-
House Resolution No. 234. A resolution providing that the Committee on Conservation be permitted to make its inspection trip after adjournment sine die of this session and when the committee decides to make said trip.

Senator Thrasher of the 27th District asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Western and Atlantic Railroad, read a second time and recommitted to the committee:

By Messrs. Hastings and Kendrick and Mrs. Mankin of

Fulton-



House Resolution No. 169. A resolution giving the consent of the State of Georgia to the City of Atlanta to construct an underpass under the State's property known as the Western and Atlantic Railroad in Atlanta.

The consent was granted, the resolution read a second time and recommitted.

Senator Griner of the 45th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Appropriations, read a second time and recommitted:

By Mr. Harrell of IrwinHouse Bill No. 652. A bill to appropriate the sum of

2080

JOURNAL OF THE SENATE,

five thousand dollars to Jefferson Davis Memorial Park.
The consent was granted, the bill read a second time and recommitted.

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

By Senator Shedd of the 3rd District-
Senate Resolution No. 85. A resolution requesting the State Librarian to furnish certain law books to Wayne County, and for other purposes.
The report of the committtee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 34, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Senator Atkinson of the 1st District-
Senate Bill No. 262. A bill to authorize Commissioners of Chatham County to create a pension board, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Harris, Barrett, and Lanier of Richmond-
House Resolution No. 171. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County, and for other purposes.

MoNDAY, MARCH 22, 1937.

2081

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 34, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Messrs. Harris, Lanier, and Barrett of Richmond-
House Resolution No. 172. A resolution authorizing the State Librarian to furnish certain volumes to Richmond County.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 34, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Mr. Williams of Jones-

House Resolution No. 166. A resolution providing that the General Assembly appropriate a certain sum to pay an obligation to the Bank of Gray at Gray, Georgia.

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

On the adoption of the resolution, it carrying an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock

Burgin Burrell Chason Clements
Ennis
Flmt

Forrester Fowler Griner Hampton Hardman Harrell

2082

JOURNAL OF THE SENATE,

Harrison Holmes Horne .Jackson .Johnson Kimbrough Knabb Lindsay McCutchen McKenzie

Millican Moye Neely Patten Peebles Peterson Pope Pruett Purdom Sammon

Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 47, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

Not voting were: Senators Greer of the 13th District, Jones of the 38th District, and Phillips of the 29th District.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 769. A bill to amend an Act establishing a new charter for the City of Atlanta, to provide for pension of Mrs. W. H. Cook, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Candler, Turner, and Sams of DeKalb-
House Bill No. 551. A bill to amend an Act of the General Assembly of Georgia of 1890-1 providing for the appointment of special criminal bailiffs in counties having a certain population, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MoNDAY, MARCH 22, 1937.

2083

On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Pope of the 7th District moved that the Senate

disagree to the report of the committee which was un-

favorable to the passage of the following resolution of

the House, tO-wit:



By Messrs. Cochran and Edwards of Thomas-
House Resolution No. 49. A resolution authorizing the State Librarian to furnish certain books to Thomas County.
The motion prevailed and the resolution was given a second reading.
Senate Bill No. 183, a bill amending the charter of the City of Dalton, was taken up for the purpose of considering the following House amendment thereto:

By Mr. Field of Whitfield-

Section 2. By striking from the. last line of Section 2 the words, "Mayor and Council of said City" and inserting in lieu thereof the words, "A Police Commission consisting of three (3) members to be appointed by the mayor and council of said city."

Section 3. By striking all of Section 3 and inserting in lieu thereof the following: "The Mayor and Council of the City of Dalton at their first regular meeting held during the year of 1938, shall appoint three (3) citizens to be known as 'The Police Commission of the City of Dalton, Georgia,' one (1) Commissioner shall serve one-third (1/3) of a full term, or one (1) year; one (1) Commissioner shall serve (2/3) two-thirds of a full term or two (2) years; one (1) Commissioner shall serve a full term. Upon the expira-
tion of the term of service of any member so appointed the

2084

JouRNAL OF THE SENATE,

Mayor and Council of the City of Dalton shall appoint a member for a full term; one (1) member to be appointed each year starting one (1) year from the date of the appointment of the first Police Commission. It shall be the duty of the Mayor and Council to name and designate a Chairman of said Commission and to fix the salary and compensation of said Commission, but in no case shall any Commission be paid more than Twenty-five ($25.00) Dollars per year."
Said Commission shall elect some suitable person to be Chief of Police of said City of Dalton and said Chief of Police shall select police officers with the approval of said Commission. Said police officers to serve under said Chief of Police in said Police Department.
The salary of Chief and each member of the Police Department and the number of police thereof, shall be fixed and regulated by the Police Commission of the City of Dalton, Georgia.

Section 4. By striking from the last line of Section 4, the words, "Mayor and Council of said City" and inserting in lieu thereof, the words, "Police Commission of said City of Dalton."

Section 5. By striking from line 4, of Section 5, the words, "Mayor and Council," and inserting in lieu thereof the words "Police Commission of Dalton, Georgia."

Section 6. By striking from Section 6, the words, "Mayor and Council," wherever it may appear in said section and inserting in lieu thereof the words, "Police Commission of City of Dalton, Georgia."
Section 7. By striking from Section 7, the words, "Mayor and Council" from the 4th line of said section and inserting in lieu thereof the words, "Police CommiSsion of Dalton, Georgia."

MoNDAY, MARCH 22, 1937.

2085

Section 8. By striking from Section 8, line 2, the words, "Mayor !lnd Council," and inserting in lieu thereof the words, "The Police Commission of Dalton, Georgia."
The Senate agreed to the House amendment to Senate Bill No. 183.
Senate Bill No. 160, a bill to amend the Acts creating the Municipal Court of Savannah, was taken up for the purpose of considering the following House amendment thereto:

By Messrs. Grayson, Cohen, and McNall of Chatham-
Move to amend Senate Bill No. 160 by striking from the caption of said bill on page two (2) lines 6, 7, and 8 the following:
"To give the Court jurisdiction to try criminal cases involving violations of State and county traffic laws, and to take pleas of guilty and pass sentence in misdemeanor cases:" and inserting in lieu thereof the following:
"To give the Court jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law, when such cases shall have origin in said Court by virtue of warrants issued in said Court," and
By striking from Section Three (3) of said bill, in the 6th line, beginning with the word "and" the remainder of said section including lines 7, 8, 9, and 10, and concluding with the word "law" in the lOth line of said section, and inserting in lieu thereof the following:
"And said Court shall have jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law, when such cases shall have origin in said Court by virtue of warrants issued in said Court", so that said Section Three (3) as amended shall read as follows:

2086

JouRNAL oF THE SENATE,

Section 3. Be it further enacted by the authority aforesaid, That the jurisdiction of the Municipal Court of Savannah as to civil and criminal matters shall in all respects be the same as the jurisdiction of justices' courts in the County of Chatham at the date of the passage of this Act, and in addition thereto, the said court shall have jurisdiction in trover and in bail trover proceedings in which the value of the property sued for, exclusive of hire, does not exceed the principal sum of one hundred dollars, and shall also have jmisdiction of actions to recover penalties which may be sued for under the laws of Georgia, but in no case shall said court have jurisdiction to render judgment for more than three hundred dollars exclusive of interest, and said Court shall have jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law when such cases shall have origin in said Court by virtue of warrants issued in said Court.

The Senate disagreed to the House amendment to Senate Bill No. 160.

By Senator Millican of the 35th District-
Senate Bill No. 259. A bill to authorize street railways to be substituted by "trackless trolleys", and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Millican of the 35th District, Terrell of the 19th District, Shedd of the 3rd District, Williams of the 5th District, and Purdom of the 46th District-

MoNDAY, MARCH 22, 1937.

2087

Senate Bill No. 261. A bill to provide for the designation of persons to act in lieu of the Comptroller General and the State Treasurer in cases where they, respectively, by reason of providential causes become unable to perform the duties of their offices, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Spivey of the 16th District, Forrester of the 44th District, Atkinson of the 1st District, and Pope of the 7th District-
Senate Resolution No. 104. A resolution providing for certain officials and members of the Senate, and attaches to remain at the Capitol after adjournment, for purpose of clearing and closing the business.
The above resolution was read and adopted.

The President introduced to the Senate Han. Ben. T. Leppard, Chairman of the South Carolina Democratic Executive Committee, who addressed the Senate briefly.

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

Mr. President:
The House has adopted the Conference Committee's report on the following bill of the House, to-wit:

By Messrs. Carmichael of Cobb and Freeman of Bibb-
House Bill No. 723. A bill to be entitled an Act to amend an Act of 1935, to legalize the making and selling of domestic and foreign wine, to license dealers, and for other purposes.

2088

JouRNAL OF THE SENATE,

The House has disagreed to the Senate amendments to the following bill of the House and 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, ta-wit:

By Messrs. Kendrick of Fulton, Lanier of Richmond, and Leonard of Muscogee--
House Bill No. 185. A bill to be entitled an Act to provide for establishment of an Unemployment Compensation Division in the State Department of Labor; for an Unemployment Compensation Law and to define the functions of the above; and for other purposes.

Messrs. Leonard of Muscogee, Turner of DeKalb, and Brewton of Evans.

The Senate insisted upon its position on the following bill of the House, ta-wit:

By Messrs. Kendrick of Fulton, Lanier of Richmond, and Leonard of Muscogee--

House Bill No. 185. A bill to establish the division of

Unemployment Compensation under the State Department 1

of Labor, and for other purposes.

~

The President named as a Committee of Conference on ' the part of the Senate on House Bill No. 185 the following:

Senators Hardman of the 33rd District,

Atkinson of the 1st District, and

Lindsay of the 34th District.

By Senator Atwood of the 2nd DistrictSenate Bill No. 258. A bill to amend Section 45-308

MoNDAY, MARCH 22, 1937.

2089

and Section 45-310 of the 1933 Code providing for open season for hunting and killing deer and wild turkeys from November 1st through December 31st, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requis-ite constitutional majority was passed.

The following resolution of the Senate was read and adopted:

By Senators Almand of the 50th District and Whitehead of the 30th District-
Senate Resolution No. 105. A resolution permitting the American Legion and American Auxiliary to place in the Capitol a marble likeness of Miss Moina Michael.

By Senator Ennis of the 20th District-
Senate Bill No. 256. A bill to amend an Act known as 1935 General Tax Act of Georgia by adding to Section 2, Paragraph 42, a provision whereby a tax of $25.00 on county or municipal fairs or fairs conducted by associations or organizations designed solely to advance and promote farming and livestock will be levied, and for other purposes.

Senator Harrell of the 12th District offered the following amendment to Senate Bill No. 256:
To amend Section 1 by adding an additional proviso at end of Section 1 as follows:
"Provided nothing in this Act shall be considered to legalize the operation of any lottery enterprise."
The amendment was adopted.

2090

JouRNAL oF THE SENATE,

The report of the committee, which was favorabl~ to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Senators Purdom of the 46th District, Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, and Griner of the 45th District-
Senate Bill No. 225. A bill to amend Section 34-103 of the Code of 1933, by providing that the oath to qualify an elector shall set forth the name of the political party with which such elector is affiliated, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Ennis of the 20th District, Spivey of the 16th District, and Atkinson of the 1st District-
Senate Bill No. 243. A bill to increase the revenue of the State without levying additional taxes by providing that commissions allowed tax commissioners and other officers for services rendered the State shall be retained by them as their compensation, and for other purposes.

Senator Atkinson of the 1st District offered a substitute for Senate Bill No. 243.

Senator Millican of the 35th District offered the following amendment to the substitute for Senate Bill No. 243:

MoNDAY, MARCH 22, 1937.

2091

To amend by adding at the end of Section 1 the following:
"Provided that the provisions of this Act shall not apply in counties of 200,000 or over according to the last or any future census."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.

The substitute, as amended, read as follows:

A BILL
To be entitled an Act to increase the revenue of the State without levying additional taxes by providing that commissions, fees and costs allowed tax collectors, tax commissioners and other officers for services rendered the State in the collection of professional or occupational taxes shall be retained by them as their compensation.
Be it enacted by the General Assembly of Georgia and it is enacted by authority of the same that:

Section 1. From and after the passage of this Act all commissions, fees, or costs allowed tax collectors, tax commissioners or other officers in the collection of any professional or occupational taxes, including sheriffs' costs or fees, shall be retained by such officers as their compensation for services rendered the State and shall not be paid into the treasury of any county for distribution as county funds or otherwise on sala,ries fixed for the tax collectors, tax commissioners or other officers under or by virtue of any law fixing the salaries

2092

JOURNAL OF THE SENATE,

of such officers. Provided, that the provisions of this Act shall not apply in counties of200,000 or over according to the last or any future Federal census.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Purdom of the 46th District, and Griner of the 45th District-
Senate Bill No. 220. A bill to amend Section 34-805 of the Code of 1933 by requiring an oath of voters that he or she will not vote for any candidate in a general election except the nominee is of the political party with which he or she is affiliated, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senators Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, Griner of the 45th District, and Purdom of the 46th District-
Senate Bill No. 219. A bill to amend Section 34-107 of the 1933 Code providing that registered voters shall state the name of the political party of which he or she is affiliated at least two months prior to any election, and for other purposes.
Senator Harrell of the 12th District moved that further action on Senate Bill No. 219 be indefinitely postponed.
The motion was los.t.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MoNDAY, MARCH 22, 1937.

2093

On the passage of the bill, the ayes were 18, the nays 18.
The bill having failed to receive the requisite constitutional majority was therefore lost.

By Senators Purdom of the 46th District, Sutton of the 47th District, Spivey of the 16th District, Millican of the 35th District, and Griner of the 45th District---'-
Senate Bill No. 218. A bill providing that voters in any general election shall upon oath declare his political allegiance, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Grayson, MeNall, and Cohen of Chatham-
House Bill No. 613. A hill to amend Code Section 361001 of the Code of 1933, to permit condemnation of private property for public roads to a width of 200 feet at the base, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 2.
The bill having received the requisite constitutional majority was passed.
Senator Peebles of the 18th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read a second time and recommitted:

2094

JOURNAL OF THE SENATE,

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 805. A bill to create a new charter for the City of Dublin, and for other purposes.
The consent was granted, the bill read a second time and recommitted.

Senator Lindsay of the 34th District moved that House Bill No. 321 and substitute thereto, and House Bill No. 117 be printed, 100 copies of each, for use of the members of the Senate. The consent was granted.

Senator Lindsay of the 34th District asked unanimous consent that House Bill No. 427, known as the Alcoholic Beverage Act, be postponed until 2:00 o'clock, P. M., this day. The consent was granted.

By Mr. Pound of HancockHouse Resolution No. 28.

A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article (7), Section (6), Paragraph (2), of the Constitution of Georgia, giving the right to any county to levy a tax for the purpose of paying county agricultural and home demonstration agents, and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article (7), Section (6), Paragraph (2) of the Constitution of Georgia, which provides the purposes for which counties may levy taxes be and the same is hereby amended by adding at the end of said Section of said paragraph after the clause "and for the collection and preservation of records of birth, death, disease and health," the following words, "and to pay county agricultural and home

MoNDAY, MARCH 22, 1937.

2095

demonstration agents," so that Article (7), Section (6), Paragraph (2) of the Constitution of ~eorgia will read as follows: "Paragraph (2) taxing power of counties limited. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay sheriffs and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, disease, and health, and to pay county agricultural and home demonstration agents."

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 submitted to the qualified voters of the State, qualified to vote for the 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 (7), Section (6), Paragraph (2) of the Constitution of Georgia providing that counties may levy a tax to pay county agricultural and home demonstration agents." Voters voting against the ratification of the amendment shall have written or printed upon their ballots, "against ratification of the amendment to Article (7), Section (6), Paragraph (2) of the Constitution of Georgia providing that counties may levy a tax to pay county agricultural and home demonstration agents." If a majority of the qualified voters voting at said election shall vote in favor of the ratification of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment 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.

2096

JouRNAL oF THE. SENATE,

On the passage of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Atkinson Aultman Brock Burgin Burrell Chason Clements Forrester Fowler Greer Griner Hampton

Hardman Harrison Holmes Jackson Johnson Kimbrough Knabb Lindsay McCutchen McKenzie
Millican Neely Patten

Peebles Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Those voting in the negative were Senators:

Atwood Harrell

Horne Moye

Peterson

Verification of the roll call was dispensed with.

The ayes were 39, the nays 5.

The resolution having received the requisite twa-thirds constitutional majority was passed.

Not voting were: Senators Almand of the 50th District, Ennis of the 20th District, Flynt of the 26th District, Jones of the 38th District, Phillips of the 29th District, and Sammon of the 51st District.

Senator Millican of the 35th District moved that the Senate disagree to the report of the committee on the following bill of the House, ta-wit:
By Messrs. Leonard and Elliott of Muscogee-
House Bill No. 190. A bill to amend Sections 84.,.321 and 84-9903 of the 1933 Code relating to the practice of the pro-

MoNDAY, MARCH 22, 1937.

2097

fession of architecture in this State, and for other purposes.
The motion prevailed and the bill was given a second reading.

By Messrs. Almand of Walton, Perry of Worth, Lanier of Richmond, and Zellner of Monroe-
House Bill No. 250. A bill to provide for the chartering of non-profit corporations to be organized for the purpose of furnishing Group Hospitalization Service, and for other purposes.

The following amendments to House Bill No. 250 were read and adopted:

By Senator Harrison of the 17th District-
To amend Section 12 of said bill by adding thereto the following words, to-wit:
"Said hospitals shall guarantee the benefits of the certificates of membership issued by the corporation in such a way as will be satisfactory to the Insurance Commission and Public Welfare Department."
By Senators Chason of the 8th District, Atkinson of the 1st District, Senator Purdom of the 46th District, and Patten of the 6th District-
To amend by adding an additional sentence to Se~tion 18 of said bill to read as follows:
"Any and all supervision, liquidation or examination of the affairs of any such corporation by the Insurance Commissioner shall be at the expense of such corporation; the expense of supervising, licensing and approving of hospitals by the State Department of State Welfare under the terms of this Act shall be borne by such hospitals under regulations provided by said Department."

2098

JouRNAL OF THE SENATE,

By Senator Allen of the 31st District-
To amend Section 19 by adding at the end of the said Section the following:
"In case of dissolution of any group formed under the provisions of this Act, certificate holders of such group shall he given priority over all other claims except cost of liquidation."

By Senator Jones of the 38th District-
To amend by adding at the end of Section 20 the following:
"Provid~d, that any doctor licensed by the State of Georgia be permitted to attend any individual paying insurance if the individual wishes."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the hill, as amended, the ayes were 40, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Millican of the 35th District asked unanimous consent that the Senate recess at 1:00 o'clock to reconvene at 2:00 o'clock and remain in session until otherwise ordered by the Senate. The consent was granted.

Senator Millican of the 35th District asked unanimous consent that the following bills of the House be withdrawn from committees, read a second time and recommitted to the committees:

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 605. A bill to provide for the establish-

MoNDAY, MARCH 22, 1937.

2099

ment by the county authorities of rules and regulations for the protection of the Health of the several counties in the State, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 749. A bill to regulate payment of compensation to the official court reporters of Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters.
The consent was granted, the bills read a second time and recommitted.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 733. A bill to alter, tevise and amend the several Acts incorporating the Mayor and Councilmen of the town of Tybee, known as Savannah Beach, and for other purposes.
The Committee on Municipal Government of the Senate moved to amend House Bill No. 733 as follows: .

1. By adding at the end ofSection 1 the following words: Provided no house or edifice shall be erected thereon for commercial purposes, or occupied or used for commercial purposes.
And provided further that an adequate walkway shall be maintained for the use of residents of the municipal corporation, and their visitors giving ingress and egress at all reasonable times to the Beach and Ocean from Butler Avenue and Chatham Avenue of said town.
2. By adding two sections to be known as Sections 2 and 3 as follows:

2100

. JouRNAL oF THE SENATE,

2. Be it further enacted that no person shall be qualified for election as Mayor or Alderman of the said town of Savannah Beach unless he has been a bona fide resident of said town for a period of at least one month during the year immediately preceding the election, nor after the present term shall any person elected to such office be qualified to hold such office who does not during his term of office, bona fide reside within the corporate limits of said town for a period of one month, during the first nine months of each calendar year of his service.

3. Be it further enacted that the Provisions of Part VII, Chapter 34-33 of the Code of Georgia, relating to voting by mail shall be extended to the elections for the Mayor and Alderman of the town of Savannah Beach, and that the Clerk of Council of said town, having charge of the voters' lists and registration of voters for such elections, shall perform as to such town elections the same duties required of the county registrars in said Code Chapter for State and County elections.

4. The Repealing Section shall be appropriately numbered.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended..

The following communication from His Excellency, the Governor, was read:

MoNDAY, MARCH 22, 1937.

2101

March 20, 1937.

To the General Assembly of Georgia:

I am returning herewith House Bill No. 423 which I have vetoed with the consent and approval of the authors of the
bill.

Respectfully submitted,
E. D. RTVERS,
Governor.

The President appointed as a Conference Committee on the part of the Senate on House Bill No. 185, known as the Workmen's Compensation Act, the following:

Senators Hardman of the 33rd District, Atkinson of the 1st District, and Lindsay of the 34th Di.strict.

The hour of 1:00 o'clock, P.M., having arrived, the President announced that the Senate stood recessed until 2:00
o'clock, P. H.

The hour o.'" 2:00 o'clock, P. M., having arrived, the President called the Senate to order.

Senator Atkinson of the 1st District moved that the Senate reconsider its action in disagreeing to the House amendments to Senate Bill No. 160. The motion prevailed.
The Senate agreed to the House amendments to Senate Bill No. 160.
The Senate insisted upon its position on the following bill of the House, to-wit:

2102

JouRNAL oF THE SENATE,

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 555. A bill to amend an Act creating a new charter for the City of Atlanta, and for other purposes.
The President appointe~ as a Committee of Conference on the part of the Senate on House Bill No. 555 the following:

Senators McCutchen of the 43rd District, Millican of the 35th District, and Hampton of the 41st District.

Senator Lindsay of the 34th District moved that the Senate reconsider its action in passing House Bill No. 250, known as the Group Hospitilization Bill. The motion prevailed.

Senator Lindsay of the 34th District offered the following amendment:
To amend by adding to Section 10 at the end thereof the following words: "or a Board of Directors which shall be approved by the Insurance Commissioner and the Public Welfare Department."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill of the House was read the third time, and put upon its passage:

MoNDAY, MARCH 22, 1937.

2103

By Mr. Hastings of Fulton-
House Bill No. 427. A bill to be entitled an Act known as the" Alcoholic Beverage Act," and for other purposes.

Senator Millican of the 35th District asked unanimous consent that House Bill No. 427 be considered section by section, and the consent was granted.

The following amendments to House Bill No. 427 were read and adopted:

By Senator Lindsay of the 34th District-
To amend by adding the words "or synthetic" after the word "fermented" wherever it appears in this Act.
To further amend by inserting after the word "distilled" wherever it appears in this Act the words" or synthetic."

By Senator Lindsay of the 34th District_::

To amend by striking from Section 3, Sub-section (c), the word," fermented" and by adding at the end of said Section 3, Sub-Section (c), the following words, "and shall include synthetic ethyl alcohol," so that as amended said Section 3, Sub-section (c) shall read as follows:

"(c) The word' alcohol' means the product of distillation

of any liquid, whether rectified or diluted, whatever may be

I

the origin thereof, and shall include synthetic ethyl alcohol." By Senator Harrison of the 17th District-

To amend Section 5 by adding a new section to be known as Sub-section (k), and reading as follows:

"That all applicant for licenses under the provisions of this bill shall before being granted licenses have their finger prints taken by the State Revenue Commission and be placed in their files for future reference and granting permits or licenses."

2104

JouRNAL OF THE SENATE,

By Senator Harrison of the 17th District-
To amend Section 5 by striking Section (f) m tts entirety and substituting in lieu thereof the following sentence:
"That the State Revenue Commission shall not permit any advertising of any sort, either newspaper, radio, circulars, bill boards or by other means, by any licensed liquor store doing business under the provisions of this Act."

By Senator Atkinson of the 1st District-
To amend the amendment by Senator Harrell to Section 7, Sub-section (c) (which immediately follows) by adding at the end of said amendment the following: "except that this provision shall not apply in counties of over 50,000 inhabitants."

By Senator Harrell of the 12th District-
Moves to amend Section 7, Sub-section (c), line 22 by . striking the words "or by the governing authorities of the
county where the place of business is located if said place of business is outside the corporate limits of a town or city" and inserting in lieu thereof the words "it shall not be lawful to issue any retailer's license to sell by retail any of the beverages, wines or liquors to any applicant for a license to sell liquors, wines or beverages mentioned and described in this Act outside of an incorporated town or city and this Act shall be construed to be the intention of the Legislature to prohibit the sales of liquors, wines and beverages and drinks described and mentioned, to prohibit the granting of a license and the sale of the wines, liquors and beverages mentioned in this Act beyond and outside of the incorporated towns and cities of this State, and this Act shall be so construed by the Courts, notwithstanding there might be a conflict with some other provisions of this Act."

By Senator Terrell of the 19th DistrictTo amend Section 7, Sub-section (b), thereof, by striking

MoNDAY, MARCH 22, 1937.

2105

the words, "which may be reduced to one-half for licenses issued on and after August 1st of each year" as they appear in lines 14 and 15 of Page 5 of said House bill.

By Senator Terrell of the 19th District-
To amend Section 7, Sub-section (c), thereof, by inserting between the word "packages" and the word "and" in line 18 of Page 5 the following words: "which package or packages shall contain not less than one-half pint of distilled spirits or alcohol each."

By Senator Terrell of the 19th District-
Moves to amend Section 7, Sub-section (c)'by striking the words "which fee may be reduced to one-half for licenses issued on and after August 1st of each year" as they appear in lines 25 and 26 on Page 5.

By Senator Harrell of the 12th District-
To amend Section 7, Sub-section (b), line 14, by striking the words "$500.00" and inserting the words and figures "$1000.00."

By Senator Jones of the 38th District-
To amend by striking "100 yards" in line 7 of Section 8, and inserting in lieu thereof "200 yards."
-
By Senator Neely of the 36th District-
To amend Section 9 as follows: By striking the words and figures "forty cents ($0.40)" wherever it appears in the bill and adding in lieu thereof the words and figures "seventyfive cents ($0.75)."
To further amend by striking the words and figures "Eighty cents ($0.80)" wherever it appears in the bill and adding in lieu thereof the words and figures "One Dollar and Fifty cents ($1.50)."

2106

JouRNAL OF THE SENATE,

To further amend by striking the words and figures "One Dollar and Sixty cents ($1.60)," wherever it appears in the bill and adding in lieu thereof the words and figures "Three Dollars ($3.00)."

By Senator Millican of the 35th District-
To amend Section 9, line 12 after the word "Act" by adding the following: "and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper."

By Senator Harrell of the 12th District-
To amend Section 10 by striking the word "three" in line 15, and inserting in lieu thereof the word "five."

By Senator Harrison of the 17th District-
To amend Section 10, lines 8 and 9 by striking the words after "For Legalization" the words "and control alcoholic beverages" and after the words "Against Legalization" strike "and control Alcoholic Beverages" and strike similar words in lines 11, 12, 13, 19, 20, 21, 22, 25 and 27.

By Senator Allen of the 31st District-
To amend Section 11 by striking in line 2, the word "ten" and inserting in lieu thereof the word "twenty."

By Senator Millican of the 35th District-
To amend Section 13 by inserting after the word "Sundays" the words "or legal holidays, or election days."

By Senator Har.rison of the 17th District-
To amend Section 14 by adding an additional line to read as follows: "That no female shall be allowed to work in any liquor store as hostess, barmaid of in any manner whatsoever."

MoNDAY, MARCH 22, 1937.

2107

Senator Millican of the 35th. District offered the following amendment to House Bill No. 427:
By adding a new section to be known as Section 15A.
"That it shall be unlawful for any person, firm or corporation, to sell, possess, conceal, store, convey any venous, malt or spirituous liquors or beverages whereon any tax or license fee is imposed by this Act, upon which such tax or license fee has not been paid.
"All vehicles and conveyances of every kind and description which are used in this State, and all boats and vessels of every kind and description which are used in any of the waters of this State in conveying, removing, concealing or storing any liquors or beverages subject to tax or license under this Act and upon which said tax or license has not been paid, shall be seized by any sheriff or other arresting officer, who shall, within ten days fom date of seizure, report the same to the solicitor of the county, city or superior court having jurisdiction in the country where the seizure was made, whose duty it shall be within ten days from time he received said notice to institute proceedings in said court by pett tton. Said proceeding shall be a proceeding in rem, against said vehicle, which shall be described by name of general designation, and it shall be no ground for defense that the person or persons by whom said vehicle was used has not been convicted of such violation.
"Service upon all persons having any interest in said vehicle shall be made by publication of notice of said proceeding once a week for two weeks in the newspaper or publication in which sheriff's advertisements appear in said county, said publication being sufficient service of notice on all parties at interest.
"The right of forfeiture of such vehicles shall not be dependent upon the property being owned by the person guilty of the unlawful use of it, nor upon the fact that the owner or lienor of the property shared in the guilt of the unlawful user
th~reof.

2108

JouRNAL OF THE SENATE,

"Any person at interest may appear and be made a party defendant and make defense, which must be done by answer under. oath.

"Provided that, when it shall appear from the evidence, to the satisfaction of the court that the owner or lienor of such vehicle was ignorant of the illegal use to which the same was put and that such illegal use was without his connivance or consent, express or implied, the Court shall have the right, in its discretion, to relieve said owner or lienor from the forfeiture herein provided, but such owner or lienor shall pay the costs incident to the seizure, storage charges and court costs. Provided, that such owner shall not be relieved of such forfeiture unless it be shown that, prior to the seizure, he has registered said vehicle with the State Motor Vehicle Department as required by law, and such registration must show his true name and address. Provided, further that no such lienor shall be relieved of said forfeiture unless prior to the time of seizure of such vehicle, duly recorded in the office of the Superior Court in the County in which lienee resided, the instrument creating such lien. All tires, batteries and other equipment on or about any such vehicle shall be considered a part of such vehicle.

"If no defense is filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, and the court shall pass an order directing the sale of the property and the distribution of the proceeds as provided by law, after such advertisement as the court may direct. If any defense is filed, and allowed by the court, the case shall proceed as other civil cases in said court. Upon the trial of any such case, the burden shall be upon the defendant to prove that he was free from knowledge of the illegal use, connivance therein, and that he used diligent efforts to ascertain whether or not the person indebted to him had the reputation of dealing in illegal liquors or beverages, before such lien was created. Any record of the conviction of the person or persons guilty of the illegal use of

MoNDAY, MARCH 22, 1937.

2109

said vehicles shall be constructive notice of his intent to use said vehicle illegally to any lienor. Actual knowledge of such conviction prior to the creation of such lien shall be a bar to any claim of such lienor in such proceeding. Should it appear upon the trial that such vehicle is subject to forfeiture, the court shall order the same sold at public outcry by the Sheriff of the County in which seizure was made after such advertisement as the court may direct. The proceeds arising from the sale shall be applied as follows:

1. To the payment of expenses incurred in the seizure, storage and care of the property.

2. To the payment of the court costs.

3. One-third of the remainder to the officer making the seizure and furnishing the proof.

4. The remainder, if any, shall be paid into the county treasury and become the property of such county.

"Provided further, that the court may in its discretion,

where any party at interest shows to the satisfaction of the

court that the ends of justice will be furthered thereby, allow

such party to give bond for such property pending the out-

come of the proceeding, upon payment of accrued costs and

other expenses, said bond to be an eventual condemnation

I

money bond in a penal sum double the value of the car according to the rating in the official guide of the National Automobile Dealers Association. Judgment may be en-

tered up against the principal and surety on said bond upon

judgment in the main case without further proceedings there-

under.

"Provided further, that, in the exercise of its discretion in relieving any party at interest of the forfeiture, in addition to the payment of the costs and expenses herein provided, the court may require the payment of a sum repre-

2110

JouRNAL OF THE SENATE,

senting the fair value of the interest or equity of the guilty party at interest, and order settlement of the proceeding."

By Senator Atkinson of the 1st District-
To amend by adding a new section to he numbered Section 17A, and to read as follows:
"Section 17A. Before any license is granted applicants must file with the Revenue Commission corporate surety bond in a surety company licensed to do business in the State of Georgia in amounts as follows: Distillers, $10,000.00, Wholesalers, $5,000.00, Retailers, $2,000.0Q-bond to he approved by the Revenue Commission, and shall he executed on such form as may he prescribed by rules of the Revenue Commission of Georgia."

By Senator Harrell of the 12th District-
To amend Section 19, line 1, by striking the words ~give away" and inserting in lieu thereof the words "shall give away to induce trade or for the purpose of evading the provisions of this Act."

By Senator Harrell of the 12th District-

To amend Section 20 by striking, the words" have the right to" in lines 1 and 2 after the word "shall" in line 1, and by adding after the word "municipality" in line 3 the words

I

"except in cities of 50,000 or more inhabitants; and after the

word" and" in line 3 the words" shall have the right."

Senator Atkinson of the 1st District asked unanimous consent that debate on House Bill No. 427 he limited to one hour to each side and the consent was granted.

The following report of the Conference Committee on House Bill No. 169 was suhmi tted, read and adopted:

MoNDAY, MARCH 22, 1937.

2111

Your Committee on Conference, appointed on House Bill No. 169, known as the Labor Bill, respectfully submits the following report:

1. The Senate passed House Bill No. 169 by substitute as amended.

2. Your committee makes the following recommendations:

(a) The Conference Committee recommends that the House accept the Senate Substitute as amended to House Bill No. 169, except in the following particular:

That the following provision which was stricken by the Senate be placed in said bill, ta-wit:

"Provided that nothing in this Act shall affect the term of office of any member or director of the present Department of Industrial Relations, whose term of office has heretofore been confirmed by the State Senate."

3. Your committee further amends said Senate substitute as follows: By striking therefrom the last sentence of Section 1, of said Act, which reads as follows:

I

"The Naval Stores business shall be classified as Agricultural" and in lieu thereof, insert the following sentence: Naval Stores Producers shall be classified as Agricultural, except in the administration of those Acts where otherwise

classified by Federal Laws.

Senate conferees agree to the foregoing changes and the House conferees recedes from its position on Senate amendments. As amended we recommend the adoption of the bill.

2112

JouRNAL oF THE SENATE,

Respectfully submitted, this 22nd day of March, 1937. On the Part of the Senate: HARDMAN of the 33rd District, ATKINSoN of the 1st District, LINDSAY of the 34th District.

On the Part of the House: H<?UZE of Lowndes, TuRNER of DeKalb, BENNETT of Ware.

Senator Johnson of the 42nd District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read a second time and recommitted to the Committee on General Judiciary No. 1:

By Senator Johnson of the 42nd District-
Senate Bill No. 260. A bill to provide that the practice of going upon private property for the purpose of soliciting orders for the sale of goods, etc., shall not be a nuisance, and for other purposes.
The consent was granted, the bill read a second time and recommitted.

Senator Atkinson of the 1st District asked unanimous consent that the following bill of the House be withdrawn from

I

the Committee on Counties and County Matters, read a

second time and recommitted:

By Messrs. Flanders and Rountree of Emanuel-
House Bill No. 533. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Emanuel County, and for other purposes.

MoNDAY, MARCH 22, 1937.

2113

The consent was granted, the bill read a second time and recommitted.

Senator Harrison of the 17th District moved that the Senate do now recess until 7:00 o'clock, P.M., today.
The motion prevailed.

The President announced that the Senate stood recessed until 7:00 o'clock, P.M., this day.

The hour of 7:00 o'clock, P.M., having arrived the President called the Senate to order.

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 resolution of the House, to-wit:

By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 221-832a. A resolution authorizing the City of Dublin to issue refunding bonds for bonds due and outstanding as of Jan. 1, 1936.

By Messrs. Cochran of Thomas, Batchelor of Putnam, and Bargeron of Burke-
House Bill No. 310. A bill to be entitled an Act declaring an emergency concerning the production and distribution and sale of milk, operating a milk control board, and for other purposes.

By Messrs. Grayson, McNall, and Cohen of ChathamHouse Bill No. 614. A bill to be entitled an Act to amend

2114

JouRNAL oF THE SENATE,

Code Sections 92-3702, etc., to remove the limitation of county taxes upon the State levy; to provide a definite limitation on county tax levies for current expenses; and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 626. A bill to be entitled an Act to amend an Act approved August 13, 1924, so as to provide that the salaries of county officials shall be fixed upon an annual basis for either a calendar or fiscal year, and for other purposes.

By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton-
House Bill No. 694. A bill to amend Paragraph II of Section VI of Article VII of the Constitution of the State of Georgia, by directing the county authorities of all counties having a certain population to levy a tax not exceeding 1,%' mills for educational purposes.

By Messrs. Peebles of Bartow and Morris of Douglas-

House Bill No. 195. A bill to be entitled an Act to provide

the payment of a license by certain persons fishing within the

State of Georgia, to prescribe penalties for the violation of

this Act, and for other purposes. A lengthy debate on House Bill No. 427, known as the

I

"Alcoholic Beverage Act," was had.

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

On the passage of the bill, as amended, Senator Harrison of the 17th District called for the ayes and nays and the call was sustained.

MoNDAY, MARCH 22, 1937.

2115

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Almand Atkinson Atwood Burgin Burrell Chason
Ennis
Flrnt Fowler Griner

Hampton Harrell Horne Johnson Knabb
Lindsay
McCutchen Millican Neely Patten

Peebles Phillips Pope Purdom Sammon Shedd Sikes Sutton Thrasher Williams

Those voting in the negative were Senators:

Allen Aultman Brock Clements Forrester Greer Hardman

Harrison Holmes Jackson Jones Kimbrough McKenzie Moye

Peterson Pruett Shannon Terrell Walker Whitehead

The roll call was verified.

The ayes were 30, the nays 20.

The bill having received the requisite constitutional ma-

jority was passed, as amended.

I

Senator Harrison of the 17th District asked unanimous consent that House Bill No. 427, as amended, be immediately

transmitted to the House and the consent was granted.

The following resolution of the Senate was read and adopted:

By Senators Spivey of the 16th District, Atkinson of the 1st District, Millican of the 35th District, Pope of the 7th District, Purdom of the 46th District, and Jackson of the 14th District-

2116

JouRNAL oF THE SENATE,

Senate Resolution No. 106. A resolution providing for appointment of a special committee to make a thorough study of the tax question and report back.

The following privilege resolutions were read and adopted:

By Senator Aultman of the 23rd District-
A resolution extending the privileges of the floor to Mrs. W. I. Bocoman of Birmingham, Ala., the daughter of the distinguished Senator from the 22nd District.

By Senator Peebles of the 18th District-
A resolution extending the privileges of the floor to Hon. Ben. T. Leppard and wife, Chairman of the South Carolina State Democratic Executive Committee.

By Senators Fowler of the 39th District and Forrester of the 44th District-
A resolution extending the privileges of the floor to Mrs. Joe S. Burgin, wife of the distinguished Senator from the 24th District.

By Senator Burgin of the 24th District-

A resolution extending the privileges of the floor to Hon.

Frank D. Foley, prominent Attorney of Columbus, Ga. By Senators Spivey of the 16th District and Jackson of the

I

14th District-

A resolution extending the privileges of the floor to Hon. Lewis Mills of Savannah, Ga. _

Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until tomorrow at 9:30 o'clock, A. M.

TUESDAY, MARCH 23, 19:~7.

2117

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, MARCH 23, 1937.
The Senate met, pursuant to adjournment, at 9:30 o'clock, A.M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator Holmes of the 22nd District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Terrell of the 19th District, member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Jackson of the 14th District asked unanimous consent that the following bills of the House be withdrawn from the Committee on Counties and County Matters, read a second time and recommitted:
By Mr. Barnard of TownsHouse Bill No. 400. A bill to repeal an Act providing for
the election of County School Superintendents in counties of a certain population, and for other purposes.
By Mr. Zellner of MonroeHouse Bill No. 327. A bill to amend an Act fixing the
bond of the Sheriff of Monroe County, and for other purposes.

2118

JouRNAL OF THE SENATE,

By Mr. Goff of Tift-
House Bill No. 806. A bill to create a Board of Commissioners of Roads and Revenues ofTift County, and for other purposes.

By Mr. Dampier of Laurens-
House Bill No. 205. A bill to repeal Section 1 of an Act amending an Act creating a Board of Commissioners of Laurens County, and for other purposes.

By Mr. Key of Jasper-
House Bill No. 552. A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Jasper County, and for other purposes.

By Mr. Batchelor of Putnam-
House Bill No. 810. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Putnam County, and for other purposes.

By Mr. Batchelor of Putnam-
House Bill No. 531. A bill amending an Act creating a Board of Commissioners of Roads and Revenues of Putnam County, and for other purposes.
The consent was granted, the bills read a second time and recommitted to the Committee on Counties and County Matters.

Senator Atkinson of the 1st District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Appropriations, read a second time and recommitted to the committee:

By Mr. Key of JasperHouse Bill No. 761. A bill to make appropriations for the

TUESDAY, MARCH 23, 1937.

2119

operation of the State Government, and for other purposes.
The consent was granted, the bill read a second time and recommitted.

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

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Resolution No. 169. A resolution giving the consent of the State to the City of Atlanta, to construct an underpass under the State's property known as the Western and Atlantic Railroad in Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the res<;>lution, was agreed to.
On the adoption of the resolution, the ayes were 34, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

By Messrs. Bennett and Spence of Ware-
House Bill No. 813. A bill to amend an Act to amend the charter of the City of Waycross, and for other purposes.

Senator Williams of the 5th District offered the following amendment to House Bill No. 813:
To amend by inserting after the semicolon in line 8 of the caption the following language:
"Providing for election of successors and lengths of terms of office."
To further amend Section 2 of the said bill by adding at the end thereof the following language:
"Thereafter, their successors shall be elected for four terms of office."

2120

JouRNAL oF THE SENATE,

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended..
On the passage of the bill, as amended, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Phillips and Palmour of Hall-

House Bill No. 822. A bill to amend the charter of the

City of Gainesville, and for other purposes.



The committee offered the following amendment to House Bill No. 822:
To amend by striking from said bill Section 3 in its entirety and inserting in lieu of said Section 3 the following:

"Section 3. Be it further enacted that the said City of Gainesville shall be and is hereby vested with power and authority to condemn any prjvate property, either real or personal, for public purposes, whether the property to be condemned be located within or without the city limits of said City."
To amend by striking from the caption of said bill the last four lines beginning with the words "property" after the word" condemn" in the fourth from the last line in said caption and inserting in lieu thereof the following: "condemn any property for public purposes, and for other purposes."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 34, the nays 0.

TuEsDAY, MARCH 23, 1937.

2121

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

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 825. A bill to reduce the bond of the Sheriff of Lowndes County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 823. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Hall County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Mundy and Trippe of PolkHouse Bill No. 798. A bill to create a new charter for the
City of Cedartown, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

2122

JouRNAL oF THE SENATE,

By Messrs. Candler, Sams, and Turner of DeKalb-

House Bill No. 607. A bill to provide for the licensing of

dance halls, swimming pools, tourist camps, boxing or wrest-

ling arenas or amusement parks, for money or profit outside

the limits of incorporated towns or cities in any county hav-

ing a population of not less than 70,000 and not more than

73,000, and for other purposes.

.

Senator Millican of the 35th District offered the following

substitute for House Bill No. 607:

.A BILL
To be entitled an Act to provide that no person, firm or corporation shall establish, maintain or operate any public dance hall, swimming pool, tourist camp, barbecue stand, boxing or wrestling arena or amusement place, for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of more than 57,000 according to the last or any future Federal census, without first obtaining the permission of the Commissioners of Roads and Revenue or other authority in charge of such counties; to confer authority on the Commissioners of Roads and Revenue or other authority in charge of county matters, to grant, renew or refuse such permission, or to grant or refuse the same for such time or under such regulations as they may deem proper for the public good; to confer authority on the County Commissioners or other authority in charge of county matters to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this Act; to provide punishment for violation of this Act, and to provide for the abatement of any such establishment maintained or operated without the permission of the county authority, and for other purposes.

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same,

TuESDAY, MARCH 23, 1937.

2123

that from and 'after the passage of this Act, no person, firm or corporation shall establish, maintain, or operate any public dance hall, swimming pool, tourist camp, barbecue stand, boxing or wrestling arena or amusement plate for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of more than 57,000 according to the last or any future Federal census, without first obtaining the permission of the Commissioners of Roads and Revenue or other authority in charge of such counties.

Section 2. Such commissioners of roads and revenue or other authority in charge of said counties shall have authority to grant, renew or refuse such permission, or to grant or renew the same for such time and under such regulations as they may deem proper for the public good. Such Commissioners of Roads and Revenue or other authority in charge of said counties shall have authority to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this Act.

SeCtion 3. Any person, firm or corporation establishing, maintaining, or operating any such establishment as herein set forth without securing the said permission, shall be guilty of a misdemeanor and such establishment shall be subject to be abated as a nuisance.

Section 4. Be it further enacted that all laws and parts of laws in conflict with this measure be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 36, the nays 0.

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JOURNAL OF THE SENATE,

The bill having received the requisite cons'titutional majority was passed, by substitute.

By Messrs. Cochran and Edwards of Thomas-
House Resolution No. 49. A resolution to authorize the State Librarian to furnish the Clerk of Thomas County with certain volumes, 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, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
The President named as a Committee of Conference on the part of the Senate on House Bill No. 341, known as the Trade Name Act, the following:

Senators Harrell of the 12th District, Lindsay of the 34th District, and Allen of the 31st District.

Senator Williams of the 5th District asked unanimous consent that House Bills Nos. 813 and 822 be immediately transmitted to the House, and the consent was granted.

By Messrs. Musgrove of Clinch and Middleton of Dade-
House Bill No. 730. A bill to amend the Code of 1933, to provide for cooperation between Counties and Municipalities for school maintenance and improvement, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.

TuESDAY, MARCH 23, 1937.

2125

The bill having received the requisite constitutional majority was passed.

By Messrs. Pound of Hancock, Musgrove of Clinch, and McCracken of Jefferson-
House Bill No. 321. A bill to provide for the levy of an additional special tax to be known as a maintenance tax in addition to any and all other taxes, license or registration fees now required under existing laws, to be paid by owners of Motor-buses, Trucks and/or Trailers operating over the public roads of this State, and for other purposes.
The committee offered the following substitute for House Bill No. 321:

COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 321.

A BILL
To. be entitled an Act to provide for the levy of an additional tax to be known as a Maintenance Tax to be paid by owners of Motor-Buses, Trucks and/or Trailers operating over the public roads of this State; to provide a schedule of rates to be paid; to provide a date upon which said tax will become effective; to provide for the registrations of all Motor-Buses, Trucks and/or Trailers affected by this Act with the Director of the Motor Vehicle Division of the State Revenue Commission in the manner that applications and registrations of all motor vehicles are now made; to provide for owners of said vehicles to make oath as to factory weights of same upon registration; to provide for one-half of the tax where vehicles are registered after August 1st up to December 31st, of each year; to provide a penalty for failure to register; to provide that a Maintenance Tag shall be procured from the Director of the Motor Vehicle Division of the State Revenue Commission upon the payment of the tax herein levied, and to provide

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JouRNAL OF THE SENATE,

for the issuance of a Maintenance Tag to persons registering under this Act; to provide that the Director of the Motor Vehicle Division of the State Revenue Commission shall not issue a tag until the Maintenance Tax herein provided for has been paid; to provide for the design of the Maintenance Tag to be issued upon the payment of the tax herein provided; to provide that resident and nonresident owners of such vehicles shall register and pay the tax when making more than two (2) trips in the State from out of the State each month, except where seasonable agricultural products are hauled; to provide for the allocation of the funds derived from this tax to the United States Rural Post Roads Division of the State Highway Department of Georgia; to provide a saving clause in case any portion of this Act be declared unconstitutional; to provide for the punishment of any person violating the terms of this Act; to provide that said Act shall become effective April 1st, 1937; to provide for the exemption of certain trucks and buses from the payment of this tax; to repeal all laws and parts of laws in conflict with this Act, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, all persons, firms, corporations, or associations holding title to a motor-bus, truck and/or trailer or having exclusive right to the use thereof for a period of more than thirty (30) days, shall pay a maintenance tax for the operation of such motorbus, truck, and/or trailer upon and over the public roads of this State, according to the schedule hereinafter provided. The maintenance tax herein provided for shall be in addition to any and all oth~r taxes, license, or registration fees now required under existing laws. Provided that nothing in this Act shall apply to trucks and buses owned and operated by any political sub-division of this State and used exclusively in its governmental functions. Provided further that this Act shall not apply to motor vehicles engaged exclusively in

TuESDAY, MARCH 23, 1937.

2127

transporting school children and school teachers to and from public schools nor to buses or other motor vehicles operated on fixed routes wholly within the corporate or police limits of municipalities and their environs and/or in connection with the operation of which a franchise or occupational tax is required to be paid to such municipalities. Provided further that this Act shall not apply to carriers operating over route of not more than twenty miles in length and solely between a point in this State and a point within a United States Military Reservation in this State under special franchise granted by the United States War Department.

Section 2. Be it further enacted by the authority aforesaid that for the purpose of this Act the following definitions shall apply:
A. Motor-Bus-Any passenger-carrying motor vehicle having a passenger seating capacity of eight (8) or more persons.
B. Trucks-A motor vehicle for the transportation of property, which shall include any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently, except what are commonly known as farm tractors.
C. Trailer-Any vehicle without motive power, designed for carrying persons or property either partially or wholly on its own structure and for being drawn by a self-propelled vehicle and operated over the public roads of this State.

Section 3. Be it further enacted by the authority aforesaid, that the annual maintenance tax for operation of motorbuses, trucks and/or trailers over the public roads of this State shall be as follows for each vehicle hereinafter named:
A. For each passenger-carrying motor-bus the following sums, ta-wit:
(1) For each such motor-bus weighing not more than 6,000 pounds factory weight. . . . . . . . $30.00

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JouRNAL oF THE SENATE,

(2) For each such motor-bus weighing more than 6,000 pounds factory weight but not more than 10,000 pounds factory weight. . $70.00
(3) For each such motor-bus weighing more than 10,000 pounds factory weight but not more than 14,000 pounds factory weight.. $90.00
(4) For each such motor-bus weighing more than 14,000 pounds factory weight but not more than 18,000 pounds factory weight ................................ $150.00
(5) For each motor-bus weighing more than 18,000 pounds factory weight ............ $180.00
B. For each non-passenger-carrying motor vehicle or truck not used as a common or contract carrier for hire, the following sums, to-wit:
(1) For each non-passenger carrying motor vehicle or truck of less than one ton manufacturer's rated capacity. . . . . . . . . . . . . . . . $5.00
(2) For each non-passenger carrying motor vehicle or truck of one ton manufacturer's rated capacity. . . . . . . . . . . . . . . . . . . . . . . . . $10.00
(3) For each non-passenger carrying motor vehicle or truck of more than one ton and not exceeding one and one-half tons manufacturer's rated capacity ................. $15.00
(4) For each non-passenger carrying motor vehicle or truck of more than one and onehalf and not exceeding two tons manufacturer's rated capacity. . . . . . . . . . . . . . . . . . . $30.00
(5) For each non-passenger carrying motor vehicle or truck of more than two tons and not exceeding two and one-half tons manufacturer's rated capacity. . . . . . . . . . . . . . . . $37.50

TuESDAY, MARCH 23, 1937.

2129

(6) For each non-passenger carrying motor vehicle or truck of more than two and onehalf tons and not exceeding three tons manufacturer's rated capacity. . . . . . . . . . . $45.00
(7) For each non-passenger carrying motor vehicle or truck of more than three tons and not exceeding three and one-half tons manufacturer's rated capacity. . . . . . . . . . . . . . . . $52.50
(8) For each non-passenger carrying motor vehicle or truck of more than three and onehalf tons and not exceeding four tons manufacturer's rated capacity ................ $75.00
(9) For each non-passenger carrying motor vehicle or truck of more than four tons and not exceeding five tons manufacturer's rated capacity ......................... $150.00
(10) For each non-passenger carrying motor vehicle or truck of more than five tons and not exceeding six tons manufacturer's rated capacity .............................. $375.00
(11) For each non-passenger carrying motor vehicle or truck of more than six tons and not exceeding seven tons manufacturer's rated capacity .......................... $750.00
(12) For each non-passenger carrying motor vehicle or truck of more than seven tons manufacturer's rated capacity ............... $1,125.00
C. For each non-passenger carrying motor vehicle or truck used either as a common or contract carrier for hire, the following sums, to-wit:
(1) For each non-passenger carrying motor vehicle or truck of less than one ton manufacturer's rated capacity. . . . . . . . . . . . . . . . $6.25

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JouRNAL OF THE SENATE,

(2) For each non-passenger carrying motor vehicle or truck of one ton manufacturer's rated capacity. . . . . . . . . . . . . . . . . . . . . . . . . $12.50
(3) For each non-passenger carrying motor vehicle or truck of more than one ton and not exceeding one and one-half tons manufacturer's rated capacity. . . . . . . . . . . . . . . . $20.00
(4) For each non-passenger carrying motor vehicle or truck of more than one and one-half and not exceeding two tons manufacturer's rated capacity....... . . . . . . . . . . . . . . . . . . . $37.50
(5) For each non-passenger carrying motor vehicle or truck of more than two tons and not exceeding two and one-half tons manufacturer's rated capacity. . . . . . . . . . . . . . . . . . . $50.00
(6) For each non-passenger carrying motor vehicle or truck of more than two and onehalf tons and not exceeding three tons manufacturer's rated capacity. . . . . . . . . . . . $60.00
(7) For each non-passenger carrying motor vehicle or truck of more than three tons and not exceeding three and one-half tons manufacturer's rated capacity. . . . . . . . . . . . . . . $75.00
(8) For each non-passenger carrying motor vehicle or truck of more than three and onehalf tons and not exceeding four tons manufacturer's rated capacity ................. $100.00
(9) For each non-passenger carrying motor vehicle or truck of more than four tons and not exceeding five tons manufacturer's rated capacity ............................... $175.00
(10) For each non-passenger carrying motor vehicle or truck of more than five tons and not

TUESDAY, MARCH 23, 1937.

2131

.exceeding six tons manufacturer's rated capacity ............................... $450.00
(11) For each non-passenger carrying motor vehicle or truck of more than six tons and not exceeding seven tons manufacturer's rated capacity .............................. : $900.00
(12) For each non-passenger carrying motor vehicle or truck of more than seven tons manufacturer's rated capacity ............... $1,250.00

D. For each trailer or semi-trailer not used as, or in connection with a non-passenger carrying motor vehicle or truck used as a common or contract carrier for hire the following sums, to-wit:
(1) For each Trailer or Semi-Trailer not exceeding 1,000 pounds factory weight. . . . . . $5.00
(2) For each Trailer or Semi-Trailer exceeding 1,000 pounds but not more than 1,500 pounds factory weight. . . . . . . . . . . . . . . . . . $10.00
(3) For each Trailer or Semi-Trailer exceeding 1,500 pounds but not more than 3,000 pounds factory weight. . . . . . . . . . . . . . . . . . $20.00
(4) For each Trailer or Semi-Trailer exceeding 3,000 pounds but not more than 4,000 pounds factory weight. . . . . . . . . . . . . . . . . . $30.00
(5) For each Trailer or Semi-Trailer exceeding 4,000 pounds but not more than 5,000 pounds factory weight. . . . . . . . . . . . . . . . . . $40.00
(6) For each Trailer or Semi-Trailer exceeding 5,000 pounds but not exceeding 6,000 pounds factory weight. . . . . . . . . . . . . . . . . . $50.00

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(7) For each Trailer or Semi-Trailer exceeding 6,000 pounds but not exceeding 7,000 pounds factory weight. . . . . . . . . . . . . . . . . . $60.00

(8) For each Trailer or Semi-Trailer exceeding 7,000 pounds but not exceeding 8,000 pounds factory weight................... $75.00

(9) For each Trailer or Semi-Trailer exceeding 8,000 pounds but not exceeding 9,000 pounds factory weight. . . . . . . . . . . . . . . . . . $90.00

(10) For each Trailer or Semi-Trailer exceeding 9,000 pounds but not exceeding 10,000 pounds factory weight .................. $100.00

(11) For each Trailer or Semi-Trailer exceeding 10,000 pounds factory weight ............ $150.00

E. For each Trailer or Semi-Trailer used as, or in connection with, a non-passenger carrying motor vehicle or truck used as common or contract carrier for hire, the following sums, to-wit:
(1) For each Trailer or Semi-Trailer not exceeding 1,000 pounds factory weight.. . . . . $6.25
(2) For each Trailer or Semi-Trailer exceeding 1,000 pounds but not more than 1,500 pounds factory weight. . . . . . . . . . . . . . . . . . $12.50
(:~) For each Trailer or Semi-Trailer exceeding 1,500 pounds but not more than 3,000 pounds factory weight. . . . . . . . . . . . . . . . . . $25.00
(4) For each Trailer or Semi-Trailer exceeding 3,000 pounds but not more than 4,000 pounds factory weight. . . . . . . . . . . . . . . . . . $35.00

TuESDAY, MARCH 23, 1937.

2133

(5) For each Trailer or Semi-Trailer exceeding

4,000 pounds but not more than 5,000

pounds factory weight $50.00 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

(6) For each Trailer or Semi-Trailer exceeding

5,000 pounds but not exceeding 6,000 pounds

factory weight $60.00 0

0

0

0

0

0

0

0

0

0

0

0



0

0

0

0

0

0

0

0

0

0

0

0

(7) For each Trailer or Semi-Trailer exceeding

6,000 pounds but not exceeding 7,000

pounds factory weight $70.00 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

(8) For each Trailer or Semi-Trailer exceeding

7,000 pounds but not exceeding 8,000 pounds

factory weight $90.00 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

(9) For each Trailer or Semi-Trailer exceeding

8,000 pounds but not exceeding 9,000 pounds

factory weight $100.00 0

0

0

0

0

00

0

00

0

0

0

0

00

0

0

0

0

00

0

0

0

(10) For each Trailer or Semi-Trailer exceeding

9,000 pounds but not exceeding 10,000

pounds factory weight $125.00 0

0

0

0

00

0

0

00

0

0

00

00

0

0

(11) For each Trailer or Semi-Trailer exceeding 10,000 pounds factory weight 0 0 0 0 0 0 0 0 0 0 0 0 $200.00

Provided that all motor drawn hearses or ambulances shall not be included in any of the above schedules but shall pay annually the amount of license levied upon passenger cars not for hire.

Section 4. Be it further enacted by the authority aforesaid that the maintenance tax herein provided for shall become due and payable April 1st, 193,7, for the year 1937, provided, however, that no person, firm, corporation or association subject to the payment of this tax shall be required
to pay more than three-fourths ( %) of the amounts herein
provided for the year 1937.

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JouRNAL oF THE SENATE,

Section 5. Be it further enacted by the authority aforesaid that the owners of motor-buses, trucks and/or trailers, shall, on or before the 1st day of May of the year 1937, and before they shall operate such motor-buses, trucks and/or trailers, register such vehicle or vehicles in the Office of the Director of the Motor Vehicle Division of the State Revenue Commission and obtain a maintenance tag to operate the same for the year 1937. That the application for registration of such vehicle shall be made to the Director of the Motor Vehicle Division of the State Revenue Commissi::m upon blanks prepared by him the same as now required for the registry of motor vehicles where application is made for license or identification tags; provided, however, that it shall not be necessary after the year 1937 for any person, firm, corporation, or association subject to the tax herein provided to have to register said vehicle except as is now provided for application and registration for the purpose of obtaining a license or identification tag.

Provided, however, that owners upon registration of said vehicles shall make oath before some officer authorized to administer oaths in this State, setting forth the correct factory weight or rating of said vehicle.

Section 6. Be it further enacted by the authority aforesaid that any person, firm, corporation or association registering any of the said above named vehicles between the dates of August 1st and December 31st of any year, shall not be required to pay more than one-half of the annual tax herein provided for.

Section 7. Be it further enacted by the authority aforesaid that any person, firm, corporation or association failing to pay the tax herein provided within thirty (30) days after same is due and payable, shall pay a penalty of twenty per cent (20%) for said failure to register said vehicle as is required.

TuEsDAY, MARcH 23, 1937.

2135

Section 8. Be it further enacted by the authority aforesaid that beginning January 1st, 1938, all persons, firms, corporations or associations subject to the tax herein provided for shall apply for and obtain a maintenance tag on or before the 1st day of February in each year thereafter and the payment of said maintenance tax shall be required of those subject to the tax at the time that said vehicle is registered with the Director of the Motor Vehicle Division of the State Revenue Commission for payment of license tag fee, and it shall be the duty of said Director to first collect the maintenance tax before issuing a license tag on the application made for registration for a license tag; and it shall be unlawful for said Director to issue a license tag to any person, corporation, firm or association until the maintenance tax herein provided for shall have been paid in full.

Section 9. Be it further enacted by the authority aforesaid that, upon application and registration for license tag for operation of any of the vehicles herein named, payment
of the maintenance tax shall be then and there made, and
the Director of the Motor Vehicle Division of the State Revenue Commission shall issue a maintenance tag to person or persons paying said tax which maintenance tag shall have inscribed thereon, the words, "Maintenance Tag" and the year for which said tax is paid. Said maintenance tag shall be oval in shape and not more than three inches (3") in diameter, and shall follow the same color scheme of the license tags for the year in which it is sold.

Section 10. Be it further enacted by the authority aforesaid that all persons, firms, corporations or associations, whether resident or non-resident of this State making or causing to be made by or through any of their agents, servants or employees more than two (2) trips per month into this State with any of the vehicles herein named shall be liable to and shall pay the tax herein provided for except that any of the named vehicles named herein shall be allowed a maximum of ten (10) trips per month into this State for the

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JouRNAL oF THE SENATE,

purpose of hauling seasonable agricultural products grown in this State without payment of the tax herein provided for.
Be it further enacted that any person, firm, corporation or association found to be operating any vehicle herein named upon the highways of this State contrary to the provisions of this Section shall, in addition to any and all other penalties that may be now or hereafter imposed, be required to pay immediately the tax herein provided for such vehicle.

Section 11. Be it further enacted by the authority aforesaid that any and all monies derived from the sale of maintenance tags shall be and the same are hereby allocated to the United States Rural Post Roads Division of the State Highway Department of Georgia, to be expended through the Director thereof, and the said monies shall be prorated among the several counties of this State according to the number of miles of Rural Post Roads in said Counties.
Section 12. Be it further enacted by the authority aforesaid, that should any of the provisions of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect.
Section 13. Be it further enacted by the authority aforesaid that all persons, firms, corporations or associations violating the terms of this Act shall be guilty of a misdemeanor and shall be punished as such.
Section 14. Be it further enacted by the authority aforesaid, that this Act shall not take effect until April 1st, 1937.
Section 15. Be it further enacted that the State agency having the duty to collect the taxes herein provided for is authorized and empowered to furnish to its employees collecting or enforcing said taxes such weighing devices as

TuESDAY, MARCH 23, 1937.

2137

necessary to enforce this Act, and all persons employed to enforce this Act are hereby authorized to stop and/or weigh any truck and/or trailer and/or bus, using any public road of this State.

Section 16. 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 following amendments to the Committee Substitute for House Bill No. 321 were read and adopted:

By Se!lator Millican of the 35th District-
To amend Section 2(A) by striking the figure "8" and sub stituting in lieu thereof the figure "6."

By Senator Thrasher of the 27th District~
To amend by adding at the end of paragraph (C) of Section 2, the following:
"That Trailer in this Act does not mean House Trailer used for a home only, or for small luggage or boat trailers."

By Senator Pope of the 7th District-
To amend by adding to Section 2 a new paragraph to be known as Paragraph D:
"Semi-Trailer, means a vehicle designed to be attached to, and having its front end supported by, a motor truck or truck tractor, and such vehicle shall be considered as one unit."

By Senator Terrell of the 19th District-
To amend by striking the figure "$5.00" as it appears in line 4 in Section 3, Sub-section (B) and inserting in lieu thereof the figure "$3.00."

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JOURNAL OF THE SENATE,

By Senator Terrell of the 19th District-
To amend Section 3, Sub-section (D) by striking the figure "$5.00" as it appears in line 4 on page 5 and substitute in lieu thereof the figure "$3.00."

By Senators Burgin of the 24th District and Millican of the 35th District-
To amend Section 3, Sub-division D, paragraph 2, line 5, by striking the words "1,500 pounds factory weight," and insert "2,000 pounds factory weight."
To further amend Section 3, Sub-division D, paragraph 3, line 7, by striking "1,500," and inserting "2,000."

By Senators Griner of the 45th District and Forrester of the 44th District-
To amend by adding to Section 3, E, another Sub-section known as Sub-section E (12):
"Providing that nothing in this Act shall be construed to allow what is known as four-wheel Trailers to operate on highways of this State, after September 30, 1937, unless airbrakes are provided."

By Senator Purdom of the 46th District-
To amend by adding after Section 9 and as a part thereof the following:
"Provided that in the event any motor vehicle upon which said tax has been paid shall be totally destroyed or disposed of by transfer of title, or shall be permanently removed from this State, before the expiration of the period for which the tax has been paid thereon, and the taxpayer substitutes another vehicle in lieu thereof the taxpayer shall in procuring maintenance tag for the latter vehicle be credited with the unearned portion of the tax on the destroyed, transferred or removed vehicle; but in no event shall there be a refund of unearned tax."

TuESDAY, MARCH 23, 1937.

2139

By Senator Whitehead of the 30th District-
To amend by adding at the end of first paragraph of Section 10, following the Allen Amendment (which immediately follows) the following:
"Provided that the tax levied herein shall not apply to trucks hauling quarry products within a distance of thirty miles to any quarry or quarry products plant in this State."

By Senator Allen of the 31st District-
To amend by adding at the end of the first paragraph oj Section 10 the following:
"Provided that a non-resident who is engaged in sawing lumber in the forest and whose trucks travel over Georgia roads less than 50 miles shall not be liable for this tax."
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.

Senator Griner of the 45th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Highways and Public Roads, read a second time and recommitted to the Committee on Counties and County Matters:

. By Mr. Rawlins of Ben Hill-
House Bill No. 763. A bill to amend the Code relating to the election of members of the County Boards of Education in certain counties, and for other purposes.

2140

JOURNAL OF THE SENATE,

The consent was gran ted, the bill read a second time and recommitted to the Committee on Counties and County Matters.

By Messrs. Coleman and Houze of Lowndes-
House Bill No. 524. A bill to amend Section 84-1319 of the Code of 1933 relating to the annual registration of pharmacists by providing a fee to be paid to the joint secretary of the State Examining Boards, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following report of the Conference Committee on House Bill No. 341, was submitted, read and adopted.
Conference Committee appointed by the President of the Senate upon House Bill No. 341 respectfully reports:
That the committee has agreed that the Senate amendment by Senator Harrell of the 12th District read as follows: "Amend House Bill No. 341 by adding the following words to Section 3: 'Except costs as hereinafter provided'." And further adds at the end of Section 5 the following: "But the party who has failed to register his trade or partnership name at the time suit is filed, as required by this Act, shall be cast with court costs."
And as thus amended the Conference Committee recommends that House Bill No. 341 be agreed to.

CONFERENCE COMMIITEE: On the part of the Senate: HARRELL of the 12th District, ALLEN of the 31st District, LINDSAY of the 34th District.

TuESDAY, MARCH 23, 1937.

2141

On the part of the House: SAMS of DeKalb, DuRDEN of Dougherty, JoNES of Bartow.

By Mr. Almand of Walton-
House Bill No. 147. A bill to amend an Act to s;mplify the operations of the executive branch of the State Government, and for other purposes.
Senator Atkinson of the 1st District offered the following amendment to House Bill No. 147:
By adding a new sentence thereto, beginning at the end of the third sentence therein, said new sentence to be as follows:
"That all persons practicing the professions and trades enumerated herein shall be required to register annually with said Secretary upon blanks furnished by said Secretary for such purposes."
The Committee on State of the Republic offered the following amendments to House Bill No. 147:
By adding thereto a new section to be known as Section 1, as follows:
Section 1. By striking out in its entirety St::ction 86 of Article 8 of said Act and substituting in lieu thereof the following:
"The salary of the Secretary of State is hereby fixed at $6,000.00 per annum, payable monthly, which shall be in lieu of all fees, perquisites, and other emoluments, same to be paid including salaries for necessary clerical assistants out of the maintenance appropriation made for such purposes."

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JouRNAL OF THE SENATE,

To further amend House Bill No. 147 by re-numbering the sections thereof so that said sections shall be numbered 1, 2, 3 and 4.
To further amend House Bill No. 147 by inserting in the fourth line of the caption, after the words "Secretary of State" the following: "to fix the salary of the Secretary of State."

The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 32, the nays 1.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Atkinson of the 1st District moved that the Conference Committee appointed on House Bill No. 723 be permitted to correct errors in said bill not affecting the meaning of the bill. The motion prevailed.

By Messrs. Kendrick and Hastings _and Mrs. Mankin of Fulton-
House Bill No. 605. A bill to provide for the establishment by the county authorities of rules and regulations for the protection of the health of the several counties in this State, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

TuEsDAY, MARCH 23, 1937.

2143

By Messrs. Gross of Stephens and Whipple of Bleckley-
House Bill No. 782. A bill to authorize and empower any county school district, local school district, consolidated school district, in which a local tax is now or may hereafter be levied for school purposes to refund outstanding bonded indebtedness of such 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 29, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Campbell of Newton-
House Bill No. 720. A bill to amend the charter of the City of Covington, and for other purposes.
Senator Lindsay of the 34th District offered the following amendment to House Bill No. 720: By inserting in said bill a new section to be appropriately numbered and to read as follows, and to amend caption accordingly:
"No member of the council, the mayor, nor any official or employee of the City of Covington shall be, directly or indirectly, interested in any contract, sale of merchandise, service with or for the city, or in the profits or emoluments therefrom; and any contract on the part of the city which violates this section shall be null and void. No member of the council, the mayor, nor any officer or employee of the city shall accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm or corporation seeking to sell or which may desire to sell supplies to the city, perform service for, or make a contract with the City of Covington."

2144

JouRNAL oF THE SENATE,

Senator Lindsay of the 34th District offered the following amendment to House Bill No. 720:
To amend by adding another new section before the repealing clause to be appropriately numbered and to read as follows, and to amend caption accordingly:
"The Mayor and councilmen in adopting ordinances, and the present laws regulating the adoption of ordinances shall continue in force, except that a proposed ordinance, after being read in any meeting, shall be published in full in the official county newspaper and shall not come up for passage until five days after such publication."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 34, the nays 0.
The bill having received the requisite constitutional major. ity was passed, as amended.

By Messrs. Sanders of Coweta and Sutton of Wilkes-
House Bill No. 642. A bill to amend the Code of 1933, Section 56-224, relating to Investments by Insurance Companies, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Edwards of Thomas--
House Bill No. 86. A bill making it unlawful for any person to sell, purchase, trade or barter certain animals in

TUESDAY, MARCH 23, 1937.

2145

this State without giving and receiving a bill of sale, and for other purposes.
The repdrt of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Candler of DeKalb and Freeman of Bibb-
House Bill No. 633. A bill to amend an Act establishing the Georgia Training School for Girls by locating a division thereof in Bibb County, and for other purposes.
The committee offered the following amendment to House Bill No. 633:
To amend Section 1, paragraph "A," line 2 by striking the word "by" and substituting the word "to."
The amendment was adopted.
The report of the committee, whi{:h was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 29, the nays 2.
The bill having received the req_uisite constitutional majority was passed, as amended.

By Mr. Evans of McDuffie-
Hause Bill No. 53. A bill to amend certai11 Code Sections of Georgia Code of 1933 relating to drawing of juries, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 1.

2146

JouRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Sapp of Coffee-
House Bill No. 621. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues of Coffee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agrc;:ed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sapp of Coffee-
House Bill No. 622. A bill to create the office of Commissioners of Roads and Revenues in the County of Coffee, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Allison and T app of Gwinnett-
House Bill No. 731. A bill establishing the City Court of Gwinnett County, and for other purposes.
The committee offered the following amendment to House Bill No. 731:
To amend House Bill No. 731 and Section 8 thereof by adding the following to said Section 8: "Provided, however, that upon the final trial or determination of any indictment or presentment so transferred to said City Court; that the

TuESDAY, MARCH 23, 1937.

2147

Solicitor General of the Piedmont Judicial Circuit shall be paid from the fine or forfeiture that may be collected in said particular case the accrued costs to which he would be entitled for his work in obtaining such indictment or presentment before the Grand Jury of Gwinnett County-to the amount of $5.50."

Said Section VIII when so amended to read as follows:
Section VIII Be it further enacted, that any indictment or presentment by the Grand Jury of Gwinnett County, in cases of which the City Court of Gwinnett County has juriSdiction under this Act, may from time to time, be transferred by the Judge of the Superior Court of Gwinnett County to the City Court of Gwinnett County, and shall thereafter stand for trial in said court. Provided, however, that upon the final trial or determination of any indictment or presentment so transferred to said City Court; that the Solicitor General of the Piedmont Judicial Circuit shall be paid from the fine or forfeiture that may be collected in said particular case the accrued costs to which he would be entitled for his work in obtaining such indictment or presentment before the Grand Jury of Gwinnett County, to the amount of $5.50.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The hour of 1:00 o'clock having arrived the President announced that the Senate stood recessed until 2:00 o'clock, P.M.

2148

JouRNAL oF THE SENATE,

The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.

Senator Thrasher of the 27th District, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:

Mr. President:
Your Committee on Western and Atlantic Railroad has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 169-619a.
Respectfully submitted,
THRASHER, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 545.
Respectfuily submitted,
GRINER, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

TuEsDAY, MARcH 23, 1937.

2149

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendatio~ that the same do pass:
House Bill No. 829.
House Bill No. 802.
House Bill No. 804.
Respectfully submitted,
PEEBLEs, Chairman:

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 791.
House Bill No. 826.
Respectfully submitted,
JACKSON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Preside11t:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and

2150

JouRNAL OF THE SENATE,

has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 460.
Respectfully submitted,
JAcKsoN, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:

Your Committee on Highways and Public Roads has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 795.

House Bill No. 827.

House Bill No. 842.

House Bill No. 775.

House Bill No. 792.

House Bill No. 790.

House Bill No. 794.

House Bill No. 243.

House Bill No. 793.

House Bill No. 832.

House Bill No. 801.

House Bill No. 789. House Bill No. 831.

Respectfully submitted, PHILLIPs, Chairman.

TuESDAY, MARCH 23, 1937.

2151

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills o(the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 621.
House Bill No. 622.
Respectfully submitted, JAcKSON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on CouPties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 731. Respectfully submitted,
JACKSON, Chairman.

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to the Constitution has

2152

JouRNAL OF THE SENATE,

had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 10.
Respectfully submitted,
PoPE, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 763.
Respectfully submitted,
JACKSON, Chairman.
Senator McCutchen of the 43rd District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. President:
Your Committee on University System of Georgia has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
House Bill No. 440.
Respectfully submitted,
McCuTcHEN, Chairman.

TUESDAY, MARCH 23, 1937.

2153

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 260.
Respectfully submitted,
LINDSAv, 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/or resolutions of the House and/or Senate, tO-wit:

By Mr. Horne of Bibb-
House Bill No. 78. A bill to promote the prevention and cure of cancer; and to appropriate $100,000.00 for same.

By Mr. Walton of Stewart-
House Resolution No. 237-847a. A resolution authorizing State Librarian to furnish certain books to Montgomery County.

By Mr. Palmour of Hall-
House Bill No. 413. A bill to amend Section 68-623 of the Code of 1933 which provides for annual registration by motor common carriers, and for other purposes.

2154

JouRNAL or THE SENATE,

By Mr. Dugas of White-
House Bill No. 549. A bill to be entitled an Act to provide a tax on transfers of stock and provide additional emergency tax, and for other purposes.

By Mr. Walton of Stewart-
House Bill No. 844. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Senator Lindsay of the 34th District-
Senate Bill No. 233. A bill to provide for County Primaries in DeKalb County for the purposes of nominating county officers, and for other purposes.

By Senator Pope of the 7th District-
Senate Bill No. 245. A bill to be entitled an A-::t amending the charter of Cairo, and for other purposes.

By Senator Pope of the 7th District-
Senate Bill No. 246. A bill to be entitled an Act to amend the charter of the City of Cairo, and for other purposes.

The House has disagreed to the Senate amendments to the following bill of the House:

By Mr. Almand of Walton and many others-
House Bill No. 250. A bill to be entitled an Act to provide for the chartering of non-profit corporations to be organized for the purpose of furnishing group hospitalization, and for other purposes.
The Speaker has appointed on the part of the House as a Committee of Conference to confer with a like committee

TuESDAY, MARCH 23, 1937.

2155

on the part of the Senate on House Bill No. 250 the following members of the House, to-wit:

Messrs. Sams of DeKalb, Perry of Worth, and Lanier of Richmond.

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

By Mr. Marshall of Macon-
House Bill No. 56. A bill to be entitled an Act to regulate the manner of teaching, learning and serving the public in barber and beauty schools and colleges, and for other purposes.

By Messrs. Culpepper of Fayette and McGraw of Merjwether-
House Bill No. 318. A bill to be entitled an Act to repeal Section 24-2628 of Chapter 24-26 of the Code of 1933, and to substitute in lieu thereof a new Section 24-2628 to read as follows:" Convention of judges to recommend rules of practice to the General Assembly of Georgia," and for other purposes.

By Messrs. Lewis of Burke, Lanham of Floyd, Chappell of Sumter, and Hart of Coweta-
House Bill No. 338. A bill to authorize and permit peace officer of another State of the United States who enters the State of Georgia in fresh pursuit of persons believed to have committed a felony in another State to arrest and hold such person in custody, and for other purposes.

2156

JouRNAL oF THE SENATE,

By Mr. Pound of Hancock-
House Bill No. 532. A bill to create and establish in Georgia a factory 'to produce such supplies used by the State and its subdivisions and institutions thereof, as may be successfully manufactured by the blind and persons of sub-standard vision, and for other purposes.
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:

By Mr. Hastings of Fulton-
House Bill No. 427. A bill to be entitled an Act to be known as the Alcoholic Beverage Act, and for other purposes.
The House has adopted the report of the Committee of Conference to the following bill of the House, to-wit:

By Mr. Carmichael of Cobb--c-
House Bill No. 295. A bill to be entitled an Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22 of the 1933 Code, and for other purposes.

By Mr. Chappell of Sumter-
House Bill No. 639. A bill to amend Paragraph 110 of General Tax Act of 1935, which imposes a license fee of $100 for each place of business upon persons, firms or corporations engaged in automobile financing, etc., by increasing the amount of license fee imposed, and for other purposes.
Mr. President:
The House has passed by the requisite constitutional majority the following bills and/or resolutions of the House, towit:
By Mr. Evans of McDuffie-
Hause Resolution No. 232. A resolution requesting Congress to issue a Tom Watson postage stamp.

TuESDAY, MARCH 23, 1937.

2157

By Mr. Sanders of Coweta-
House Resolution No. 233. A resolution cancelling the contract between the State of Georgia and the Dixie Terminal Building Co., unless certain erections are made before August 1, 1937, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 171. A bill to be entitled an Act to amend an Act approved March 20, 1935, to provide for maintenance of libraries established or maintained by municipalities but operated by boards of trustees or other officials.

By Messrs. Key of Jasper and Coleman of Lowndes-
House Bill No. 548. A bill to be entitled an Act regulating insurance companies doing business within the State of Georgia; prescribing a method by which suits may be instituted; and for other purposes.

By Mrs. Coxon of Long-
House Bill No. 700. A bill to authorize and empower the State Department of Public Welfare to cooperate ~ith the Federal Government through its appropriate agency in supervising administration of a program of services for children who are crippled, and for other purposes.-

By Messrs. Bradley of Tattnall, Deal of Bulloch, and Bennett of Ware-
House Resolution No. 216-816a. A resolution to investigate arid make recommendations with reference to purchase of the Tattnall County Prison.

By Messrs. Parker of Colquitt, Key. of Jasper, and Welsch of Cobb-
House Bill No. 506. A bill to be entitled an Act to provide that the acceptance by non-residents of the rights and

2158

JouRNAL OF THE SENATE,

privileges conferred by the laws of this State, permitting the operation of motor vehicles upon the highways of this State, and for other purposes.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

By Messrs. Parker and Barlow of Colquitt-
House Bill No. 575. A bill to be entitled an Act to provide for formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for purpose of engaging in rural electrification, and for other purposes.

By Messrs. Cohen and MeNall of Chatham and Lanier of Richmond-
House Bill No. 582. A bill to be entitled an Act to amend Section 56-309 of the Georgia Code of 1933, which relates to the deposit of securities by insurance companies, by providing that credit loan and insurance companies engaged exclusively in insuring loans or other evidences of indebtedness may deposit only $50,000.00, and for other purposes.

By Messrs. Lewallen of Banks and Brooks and Wages of Jackson-
House Bill No. 819. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Mr. Sutton of Wilkes-
House Bill No. 664. A bill to be entitled an Act to amend Section 100-101 (State Depositories provided for in various

TuESDAY, MARCH 23, 1937.

2159

cities) of the Code of Georgia of 1933, by striking said section in its entirety and making a new insert, and for other purposes.

By Messrs. Moore of Lumpkin, Phillips and Palmour of Hall-
House Bill No. 816. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

By Messrs. Key of Jasper and Leonard of MuscogeeHouse Bill No. 279. A bill to be entitled an Act to regu-
late the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying, and for other purposes.
By Messrs. Cohen and Grayson of Chatham and Booth of Barrow-
House Bill No. 695. A bill to regulate boxing, sparring and wrestling, etc., to create a State Athletic Commission, and for other purposes.
By Messrs. Dampier and Larsen of LaurensHouse Bill No. 800. A bill to be entitled an Act to repeal
an Act amending Section 808 of the Penal Code of Georgia of 1910, and the section corresponding thereto.
By Mr. Campbell of Newton-
House Bill No. 839. A bill to be entitled an Act to revise and consolidate the several Acts of the General Assembly granting and amending the charter of the City of Covington, and for other purposes.

2160

JOURNAL OF THE SENATE,

The House has adopted the report of the Conference Committee on the following bills of the House, to-wit:
House Bills Nes. 341 and 185.

By Mr. Adams of Franklin-
House Bill No. 811. A bill to amend an Act entitled "Highway Mileage," by adding a certain road to the State Aid System of Roads.

By Messrs. Adams and Candler of DeKalb-
House Bill No. 541. A bill to amend subsection 2 of Section 5 of Act No". 524 of the Acts of 1914 relating to fraternal benefit societies.

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 836. A bill to be entitled an Act to provide for a pension fund for county employees in counties having a certain population, and for other purposes.

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, ta-wit:

By Messrs. Hill and Joel of Clarke-
House Bill No. 425. A bill to be entitled an Act to provide for the selection of an official organ in counties of population not less than twenty-three thousand and not more than thirty thousand, where there are two or more daily newspapers of general circulation that have been so published and circulated for a period of at least two years, and for other purposes.

TUESDAY, MARCH 23, 1937.

2161

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

By Messrs. Marshall of Macon, Booth of Barrow, and Sanders of Coweta-
House Bill No. 57. A bill to authorize the Commissioner of Game and Fish to make regulations to control and regulate Seafood Industries, and for other purposes.

By Messrs. Harrison of Crawford, Zellner of Monroe, and Taunton of Taylor-
House Bill No. 243. A bill to enable the State Highway Department to effectually carry out and put into effect the provisions of a certain amendment of the State Constitution, and for other purposes.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 460. A bill to provide for the compensation of Jury Commissioners and their Clerks in certain count ties, and for other purposes.

By Messrs. Gammage of Terrell, Houston of Worth, Boohof Barrow, and Gross of Stephens-
House Bill No. 545. A bill to amend Code Section 855(aa), as found in Park's Annotated Code of Georgia, so as to authorize persons holding office under municipal corporations in Georgia to sell goods, etc., to such municipality, and for other purposes.

By Messrs. Candler, Turner, and Sam's of DeKalb-
House Bill No. 560. A bill to amend Section 92-6911 of the 1933 Code so as to provide for service of notice of corrections made by the County Board of Tax Assessors by mail, and for other purposes.

2162

JouRNAL OF THE SENATE,

By Messrs. Durden and Sabados of Dougherty-
House Bill No. 594. A bill to amend Paragraph 1, Section 7, Article 7, of the State Constitution, so as to provide for allowing the City of Albany to increase its bonded indebtedness, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 603. A bill to amend an Act creating a Criminal Court of Atlanta, and for other purposes.

By Messrs. Elliott of Muscogee, Lanier and Harris of Richmond, Sutton of Wilkes, and others-
House Bill No. 676. A bill to conserve soil resources and prevention and controlling erosion, and for other purposes.

By Messrs. Peters and McGraw of Meriwether and Douglas of Talbot-
House Bill No. 775. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Hampton of Fannin-
House Bill No. 779. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, and for other purposes.

By Messrs. Brooks and Wages of Jackson, and others-
House Bill No. 789. A bill to .amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Moore of Lumpkin, Phillips and Palmour of Hall-
House Bill No. 790. A bill to place on the State Highway

TuESDAY, MARCH 23, 1937.

2163

System a certain road in Lumpkin and Hall Counties, and for other purposes.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 791. A bill to amend an Act creating the Lula School District in Hall County, and for other purposes.

By Mr. Dugas of White-
House Bill No. 792. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Rountree and Flanders of Emanuel-
House Bill No. 793. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Baggs of Mitchell-
House Bill No. 794. A bill to amend an Act entitled "Highway Mileage" so as to add a certain road to the System of State Aid Roads, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 801. A bill to amend an Act entitled "Highway Mileage" as the same appears in the Acts of the Georgia Legislature of 1929, page 260 to 268, and including the maps opposite page 269 of said Acts of 1929, for a road in Franklin County.

By Mr. Hand of Mitchell-
House Bill No. 795. A bill to amend an Act entitled "Highway Mileage," by adding a certain road in Mitchell County, Georgia, and for other purposes.

2164

JouRNAL OF THE SENATE,

By Mr. Etheridge of Houston-
House Bill No. 802. A bill to create a new charter for the City of Perry, and for other purposes.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 804. A bill to create a new charter for the town of Flowery Branch, Ga., and for other purposes.

By Mr. Daves of Dooly-
House Bill No. 824. A bill to amend" An Act to reduce the Sheriff's bond of Dooly County," and for other purposes.

By Mr. Miller of Lanier-
Hause Bill No. 826. A bill amending an Act to create a Board of Commissioners of Roads and Revenue for the County of Lanier, Ga., approved March 7, 1933, .and for other purposes.

By Mr. Jackson of Habersham-
House Bill No. 827. A bill to amend an Act entitled "Highway Mileage" by adding a road to State Aid System, and for other purposes.

By Mr. Tapp of Gwinnett-
House Bill No. 829. A bill to amend an Act approved Dec. 23, 1896, entitled "An Act incorporating the town of Buford, so as to extend and enlarge the present limits,'' and for other purposes.

By MessJ:."s. Rowland of Johnson and Scruggs of Washington-
House Bill No. 831. A bill to amend an Act entitled "Highway Mileage" by adding a road from Wrightsville to Pringle in Washington County, and for other purposes.

TuESDAY, MARCH 23, 1937.

2165

By Messrs. Rowland of Johnson and Larsen of Laurens-
House Bill No. 832. A bill to amend State Highway Mileage Act by adding a certain road to the State Aid System.

By Mr. Warnock of Montgomery-
House Bill No. 842. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes.

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

By Messrs. Harrell and Blease of Brooks-
House Resolution No. 89-456a. A resolution proposing to the qualified voters of Georgia an amendment to Article 3, Section 7, of the Constitution, authorizing planning and zoning laws in counties of a certain population, and for other purposes.
By Messrs. Houston ~nd Perry of Worth-
House Resolution No. 127-533b. A resolution relieving John M. Massey and J. G. S. Powell from liability on the bond of Troy Tyson, and for other purposes.

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

By Senator Johnson of the 42nd District-
Senate Bill No. 260. A bill to provide that the practice of going upon private property for the purpose of soliciting orders for the sale of goods, etc., shall not be a nuisance, and for other purposes.

Senator Atkinson of the 1st District moved that Senate Bill No. 260 be tabled and the motion prevailed.

2166

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The following report of the Conference Committee on House Bill No. 295 was submitted, and read:

CONFERENCE COMMITTEE REPORT.

Mr. Speaker, Mr. President:
Your Committee of the House and Senate on Conference on House Bill No. 295 have conferred and after due deliberation, makes the following recommendations:

Item 1. Your committee recommends that an amendment curing the defect in the bill as originally drawn and providing for allocation of the funds to be derived from this Act be adopted by the House and Senate. The amendment is as follows:

"Section 32. The net proceeds of all sums derived under the operations of this Act, or so much thereof as shall be necessary, are hereby appropriated to the payment of pensions due or hereafter to be due to Confederate Soldiers and their widows under such present or future laws as may grant such pension; the same be drawn out on warrants of the Governor on requisition of the authority having supervision of pension. Any surplus not necessary for that purpose shall be held in the treasury and paid out as a part of the State's General Funds."

Item 2. Your committee further recommends that the Senate recede from its position on Senate Amendment No.2 which levies a privilege tax on wholesale and retail dealers on the products taxed under this Act.

Item 3. Your committee further recommends that the House recede from its position on Senate Amendment No.3 which amendment strikes Sections" K," "L" and" M" on Page 2 of the Senate Committee Amendment. Said sections being sections levying a tax on smoking tobacco, chewing tobacco and snuff.

TuESDAY, MARCH 23, 1937.

2167

Item 4. Your committee further recommends that the House concur in Senate Amendments Nos. 4, 5 and 6.
Respectfully submitted,

COMMITTEE ON CONFERENCE

On the part of the Senate: PoPE of the 7th District, JAcKSON of the 14th District, PuRDOM of the 46th District.

On the part of the House: SMITH of Muscogee, SABADOS of Daugherty, CARMICHAEL of Cobb.

On the adoption of the Conference Committee report on House Bill No. 295, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt
Forrester Fowler Greer

Hardman Harrell Harrison Holmes Home Jackson Johnson Kimbrough Knabb Lindsay McCutchen McKenzie Moye Neely

Peebles Phillips Pope Pruett Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Voting in the negative was Senator:

Griner
The ayes were 43, the nays 1.
Those not voting were: Senators Hampton of the 41st District, Jones of the 38th District, Millican of the 35th

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District, Patten of the 6th District, Peterson of the 15th District, and Purdom of the 46th District.
The report of the Conference Committee was therefore adopted.
The following bill of the House was taken up for passage:
By Messrs. Harris and Lanier of RichmondHouse Bill No. 107. A bill to be entitled an Act to License
Chain Stores and Chain Moving Picture Theatres, and for other purposes.
The committee offered the following substitute for House Bill No. 107:
Committee Substitute for House Bill No. 107.

A BILL
To be entitled an Act requiring a license for the opening, operating, and maintenance of a store or a chain of stores, and fixing an occupation tax thereon; to define "store" and "chain of stores" as used in the Act; to provide for certain duties of the State Revenue Commission in connection therewith; to provide for the collection of the tax and its allocation and the manner in which, and conditions on which its legality may be inquired into; to provide penalties for a violation thereof; providing that if any part of this Act be declared invalid, the invalidity shall not affect other portions of it, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that for the privilege of opening, establishing, operating, maintaining, or continuing in the business of operating within this State a store or a chain of stores as defined in this Act, each person, firm, corporation, assocaition, or partnership, trust or joint stock company, or any firm or association of persons however organized or what-

TuESDAY, MARCH 23, 1937.

2169

ever be the plan of operation, shall be required to obtain from the State Revenue Commission a license, non-trans- ferable, to conduct such business, and shall pay an annual tax therefor in addition to the other specific, business and occupational taxes now and hereafter provided by l'aw which tax shall be as follows:
For the 1st Store ............... $ 5.00 For the 2nd Store. . . . . . . . . . . . . . 10.00 For the 3rd Store... . . . . . . . . . . . . 15.00
For the 4th Store... . . . . . . . . . . . . 20.00 For the 5th Store... . . . . . . . . . . . . 25.00.
For the 6th Store. . . . . . . . . . . . . . . 30.00 For the 7th Store.... . . . . . . . . . . . 35.00
For the 8th Store... . . . . . . . . . . . . 40.00
For the 9th Store... . . . . . . . . . . . . 45.00 For the lOth Store... . . . . . . . . . . . 50.00 For the 11th Store... . . . . . . . . . . . 55.00 For the 12th Store.............. 60.00
For the 13th Store.............. 65.00
For the 14th Store........ . . . . . . 70.00 For the 15th Store... . . . . . . . . . . . 75.00 For the 16th Store.............. 80.00 For the 17th Store.............. 85.00 For the 18th Store.... . . . . . . . . . . 90.00 For the 19th Store.............. 95.00 For the 20th Store .............. 100.00 For the 21st Store. . . . . . . . . . . . . . 105.00 For the 22nd Store. . . . . . . . . . . . . 110.00

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For the 23rd Store .............. $115.00 For the 24th Store .............. 120.00 For the 25th Store . . . . . . . . . . . . . . 125.00 For the 26th Store . . . . . . . . . . . . . . 130.00 For the 27th Store... . . . . . . . . . . . 135.00 For the 28th Store .............. 140.00 For the 29th Store.. . . . . . . . . . . . . 145.00 For the 30th Store . . . . . . . . . . . . . . 150.00 For the 31st Store. . . . . . . . . . . . . . 155.00 For the 32nd Store .............. 160.00 For the 33rd Store .............. 165.00 For the 34th Store .............. 170.00 For the 35th Store .............. 175.00 For the 36th Store.. . . . . . . . . . . . . 180.00 For the 37th Store . . . . . . . . . . . . . . 185.00 For the 38th Store . . . . . . . . . . . . . . 190.00 For the 39th Store . . . . . . . . . . . . . . 195.00 For the 40th Store. . . . . . . . . . . . . . 200.00 For all Stores in excess of forty (40) $200.00 each.

Section 2. Be it further enacted by the authority aforesaid, that the taxes required by this Act shall be paid to the State Revenue Commission on or before the 31st day of , December of each year for the following calendar year. At the time of paying such tax, the taxpayer shall file with the Commission on a form to be prescribed by and furnished by the Commission on the application of the taxpayer, stating the name of the applicant, the name and the specific location

TuEsDAY, MARCH 23, 1937.

2171

of each store, operated in this State, and such other facts as the Commission may require. Provided, nevertheless, that the first occupational tax required by this Act shall be due and payable on the 30th day of June, 1937, and shall be for the remainder of the calendar year 1937, for those who on June 30, 1937, are operating a store or a chain of stores as defined in this Act; and provided further that the occupational tax contemplated by this Act for any person first engaging in the store or chain store business after January 1st in any year, including the year 1937, shall be diminished by one-twelfth of the tax required by this Act for every full month already expired in the year in which such new business is commenced.

Section 3. The term "store" as used in this Act shall be

construed to mean and include any store or mercantile estab-

lishment, whether stationary or traveling by motor, either of

domestic or foreign ownership, in which any goods, wares or

merchandise of any kind are sold either at wholesale or re-

tail; Provided, nevertheless, that the word" store" shall not

be held to include:





(a) Manufacturers' plants, or manufacturers' trucks, dis~ tributing products of their own manufacture at wholesale only, or vehicles of manufacturers selling and distributing to wholesalers or retailers products of their own manufacture or processing exclusively.

(b) Factories, depots, warehouses, stores, or other places where fertilizer, cottonseed products or other exclusive agriculture products are sold, or where meat or meat products are sold by the persons, firms, or corporations slaughtering the animals from which said meat or meat products are obtained and preparing the same and selling the same at least 90 per cent to wholesale or retail trade.

(c) Depots, warehouses, or platforms where ice is manufactured, stored or sold, nor vehicles used for the delivery or sale of ice.

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JouRNAL OF THE SENATE,

(d) Depots, dairies, and vehicles used only in the delivery or sale of milk or butter, cheese, ice cream, or other dairy products.
(e) Depots and warehouses and other places where only soft drinks are manufactured, bottled, stored, or sold, including vehicles used in the delivery or sale of such soft drinks.
(f) Vehicles used only in the delivery or sale of bread and other bakery products, salted nuts, potato chips, sandwiches, and candy.
(g) Stores, yards, warehouses, plants, or vehicles used for the purpose of storing, manufacturing, selling, or delivering building materials, coal, charcoal, wood, or coke.
(h) Nor any railroad or similar freight depot which is designed solely for receipt and delivery of freight.
(i) Nor cotton ginneries where only bagging and ties are sold.

Section 4. The term" store" as used in this Act shall not be construed to mean or include any place of business at which the principal business conducted is that of selling, storing, or distributing petroleum products.
And provided further, that the term "store" as used in this Act shall not be construed to mean or include any place of business owned or operated by a public utility where articles, fixtures and appliances are sold in connection with and to be used for the purpose of utilizing the service rendered to its customers by the public utility.

Section 5. Be it further enacted by the authority aforesaid, that the term "chain of stores" shall be construed to apply to and be applied to the business of any person, firm or corporation, domestic or foreign, owning, operating or maintaining, directly or indirectly, under the same general management, control, supervision or ownership two or more stores. The fact that several stores or mercantile establish-

TuESDAY, MARCH 23, 1937.

2173

ments, are ostensibly owned or operated by different persons, firms or corporations shall not defeat the application of this section where such stores are under the same general management, control, supervision or ownership. Two or more stores shall, for the purpose of this section, be treated as being under a single or common ownership, control, supervision or management, if directly or indirectly owned or controlled by a single person or any group of persons having a common interest in such stores, or if any part of the gross revenues, net revenues or profits from such stores, shall, directly or indirectly, be required to be immediately or ultimately made available for the beneficial use, or shall directly or indirectly inure to the immediate or ultimate benefit of any single person or any group of persons having a common interest therein. Lease and ownership, lease and agency, lease and release, oral or written agreements, or contracts, where such relationships, agreements or contracts embrace provisions for exclusive sale of particular commodities in whole or part, or where contracting parties share any expenses of the retail operations, or where there is no reasonable rental involved, or where the rental is based upon the dollar or quantity volume of business done, or where the contracting parties have the relation of employer and employee, either directly or inference, or where relationships, agreements or contracts provide for unequal cancellation of same or where operation of such store is under a common name shall be deemed to constitute operations under the same general managements, supervision or ownership. Nothing in this section shall be construed to mean or inclu~e sale and delivery of motor vehicles, automobile agencies, or exclusive franchise for the wholesale or retail distribution of motor vehicles. Provided, nevertheless, that what are generally known as "rolling stores," selling a general line of merchandise and/or groceries shall be counted in determining what is a store or chain of stores within the meaning of this Act.

Section 6. Be it further enacted by the authority aforesaid, that the taxes collected under this Act shall be by the

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JouRNAL oF THE SENATE,

State Revenue Commission paid promptly into the State Treasury, and into the general fund.

Section 7. Be it further enacted by authority aforesaid that if any tax imposed by this Act remains due and unpaid for 30 days from the due date thereof, the person, firm or corporation liable therefor shall be subject to and shall pay a penalty of 5% of the tax due and unpaid; Should the tax so imposed, or any part thereof, remain due and unpaid for 60 days from the due date the person, firm or corporation liable therefor shall be subject to and shall pay a penalty of 10% of ~he tax due anc;l unpaid. Should the tax so imposed, or any part thereof, remain due and unpaid for 90 days the person, firm or corporation liable therefor shall be subject to and shall pay a penalty of20% of the tax due and unpaid.

Section 8. Be it further enacted by the authority afore- said, that when any tax due under this Act is unpaid, it shall be the duty of the State Revenue Commission to issue execution therefor, bearing teste in the name of the chairman and directed to all and singular the sheriffs of this State and their deputies, commanding them to levy upon the goods and chattels, lands and tenements, of the taxpayer, which execution it shall be the duty of any sheriff or deputy to execute as in case of writs or executions from the Superior Courts. Whenever any such writ of execution has been issued, the taxpayer in order to determine whether the tax is legally due, may tender to the levying officer his affidavit of illegality thereto; and upon his giving a.good and solvent bond for the eventual condemnation money, payable to the State Revenue Commission, the levying officer shall return the same to the Superior Court of the taxpayer's residence, where the taxpayer is an individual, and in the event the taxpayer is a partnership to the Superior Court of the residence of any one or more of the partners, and in case the taxpayer is a corporation, to the Superior Court of the county in which the levy is made, where the issue raised by the levy and the affidavit shall be heard and determined as other like causes

TuESDAY, MARCH 23, 1937.

2175

therein. If such issue is found against the taxpayer, it shall be competent for the State Revenue Commission to bring suit on said bond.

Section 9. Be it further enacted by the authority aforesaid, that in all applications to restrain or enjoin the collection of any tax imposed by this Act, the Judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the State Revenue Commission in double amount of the tax, the collection of which is sought to be enjoined, to be approved by the Clerk of the Superior Court, conditioned to pay the tax in the event petitioner does not finally prevail in his effort to resist the payment of the said tax; and it shall be competent for the State Revenue Commission to bring suit on said bond.
Section 10. Be it further enacted by the authority aforesaid, that if any section, provision or clause of this Act shall be declared invalid or unconstitutional, or if the provisions of this Act as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Act not so held to be invalid or the application of this Act to other situations and to other circumstances not so held to be invalid. It is hereby declared as the legislative intent that this Act would have adopted had such invalid portion not been included herein.
Section 11. Be it further enacted by authority aforesaid, that 95 per cent of the revenue collected shall be paid to the proper authorities of the eleemosynary institutions of Georgia to be used as in their judgment is in the best interest, either for maintenance, improvements, buildings, or support or for any or all of these purposes; five per cent to be set aside for the enforcement of this Act.

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Section 12. This Act shall become effective July 1st, 1937.

Section 13. 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.

Senator Millican of the 35th District asked unanimous consent that House Bill No. 107 be considered section by section and the consent was granted.
The Senate insisted upon its position on House Bill No. 250, known as the Group Hospitalization Act, and requested that a Committee of Conference be appointed:
The President appointed as a Conference Committee on the part of the Senate the following:

Senators Lindsay of the 34th District, Chason of the 8th District, and Hardman of the 33rd District.

The Senate insisted upon its position on House Bill No. 427, known as the Alcoholic Beverage Act, and requested that a Conference Committee be appointed.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Atkinson of the 1st District,
Lindsay of the 34th District, and
Pope of the 7th District.

Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 5:30 o'clock, P. M., to reconvene at 7:00 o'clock, P. M., and remain in session until otherwise ordered by the Senate. The consent was granted.

TuEsDAY, MARCH 23, 1937.

2177

The report of the Conference Committee on House Bill No. 26, known as the Homestead Exemption Act, as follows, was submitted, read and adopted:
The conferees of the Senate and the conferees of the House have agreed as to House Bill No. 26 as follows:
1. That the House not insist on its bill as passed.
2. That the Senate not insist on its substitute as passed.
3. That both the House and Senate adopt the following:
Beginning January 1, 1938, there is exempted from all ad valorem taxation for State, County and School purposes the homestead of each resident of this State actually occupied by the owner as a residence and homestead, to the value of $2,000.00, and only so long as actually occupied by the owner primarily as such, with the exception of taxation to pay interest on and retire bonded indebtedness. Such value to be determined in such manner and according to such rules and regulations as may be prescribed by law.
That the General Assembly may from time to time, as the condition of fiscal affairs of the State, Counties, or Schools may warrant, lower said exemption to not less than $1,250.00.
Conferees on the part of the Senate: PATIEN of the 6th District, Chairman. ATKINSON of the 1st District, PuRDOM of the 46th District.
Conferees on the part of the House: LANIER of Richmond, Chairman. DEAL of Bulloch, McGRAW of Meriwether.

2178

JouRNAL OF THE SENATE,

Senator Pope of the 7th District moved that the Senate give immediate consideration to a sealed comtn11nication from His Excellency, the Governor, and the motion prevailed.

Senator Pope of the 7th District moved that the Senate do now go into Executive Session and the motion prevailed.

The President ordered the floor and gallery of the Senate cleared.

The following communication from the Secretary of the Senate was transmitted to His Excellency, the Governor:

HoN. E. D. RivERs, Governor of Georgia, Executive Department.

March 23, 1937.

Dear Governor Rivers:
Under date of March 23, the State Senate received the following nominations:
Hon. C. D. Rivers, to be Judge of the City Court of Chattooga County, for a term beginning this date, and expiring November 5, 1940.
The above nomination was confirmed by the State Senate, the vote being 46 to 0.

Sincerely yours,
JOHN w. HAMMOND,
Secretary State Senate.

The President called the Senate to order.

TUESDAY, MARCH 23, 1937.

2179

Senator Sutton of the 47th District asked unanimous consent that the Senate stand recessed until 7:15 o'clock, P.M., and the consent was granted.
The President announced that the Senate stood recessed until 7:15 o'clock, P. M.
The hour of 7:15 o'clock, P. M., having arrived the President called the Senate to order.

Senator Aultman of the 23rd District asked unanimous

consent that the Secretary of the Senate be permitted to

make certain corrections of typographical errors in the

House amendments to Senate Bill No. 30 so as to make

amendment applicable to said bill, and the consent was

granted.

l

The following report of the Conference Committee on House Bill No. 185 was submitted, read and adopted:

Mr. President,

Mr. Speaker:
Your committee, consisting of Representatives Leonard, Turner, and Brewton, on the part of the House; and Senators Hardman, Lindsay, and Atkinson, on the part of the Senate, having had referred to them House Bill No. 185, known as the Unemployment Compensation Act, respectfully submit their report and make the following recommendations:

1. We recommend that the House recede from its position, with reference to Section 5, subsections (a), (b) and (c), with the exception of subsections (1) and (2) of subsection (c), and recommend that subsections (a), (b) and (c) as adopted by the Senate upon amendment offered by Senator Hardman, including subsections (1) and (2) of subsection (c), be incorporated in the bill as appeared in the original House substitute.

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JouRNAL OF THE SENATE,

2. We recommend that the House recede from its position in disagreeing to the Senate amendment to Section 14, paragraph (d), and that the Senate amendment to Section 14, paragraph (d) be adopted.

3. We recommend that the Senate recede from its position, with reference to amending Section 19, subsection (k), paragraph (2), and that the words "five-sixths" as used therein and passed by the Senate be stricken and that there be inserted in lieu thereof the words "six-fifths," thereby reinserting the same language in said section as passed originally by the House.

4. We recommend that the House recede from its position and that the Senate amendment, amending Section 19, subsection (p), line four, by striking the figures" 1937" and inserting" 1938," be adopted.

5. We recommend that the House recede from its position with reference to inserting a new section to be known as Section 23, reading as follows:
"Section 23. All laws and parts of laws in conflict with this Act be and the same are hereby repealed."
But, we recommend further that said section be numbered in the bill and placed in its proper section as Section 22, and that Section 22 of said bill, reading as follows: "This Act shall take effect upon passage," be placed in its proper numerical position and follow and be renumbered as Section 23.

6. We recommend that the Senate recede from its position in amending subparagraph (i) of Section 6 by inserting after the word "fraud," in line 89 of the printed bill, the words "or apparent injury," and that said three words, "or apparent injury," be stricken.

TuESDAY, MARCH 23, 193' 7.

2181

7. We recommend that the Hornoe recede from its position with reference to the Senate amendment to subparagraph (i) of Section 6, wherein the Senate added at the end of line 91 of the printed bill and before the word" arising," on line 92, the words" to which the State is a material party and cases." We recommend that said language as added by the Senate remain in said subparagraph.

8. We recommend that the House recede from its position with reference to the Senate amendment offered to subparagraph (i) of Section 11, and that the words "of the court," on line 91, of the printed bill be stricken; that the word "said" immediately thereafter be stricken; that the words" the superior" be inserted in lieu of the word" said," so that said phrase, as amended, will read as follows: "and any failure to obey such order may be punished by the Superior Court as a contempt thereof."

9. We recommend that the House recede from its position with reference to the Senate amendment to subsection (b) of Section 14, that the language added at the end of subsection (b) remain in the bill as follows: "and other actions to which the State is a material party, which are now given precedence.''

10. We recommend that the Senate recede from its position in amending subparagraph (b) of Section 15 by striking on lines 14 and 15 of the printed bill the following words: "but no such counsel or agents shall either charge or receive for such services more than an amount approved by the Board of Review." We recommend that said language be reinstated in said subparagraph (b) of Section 15 in its proper place as originally passed by the House.

11. We recommend that the House recede from its position with reference to the Senate amendment to subparagraph (b) of Section 17, in which the Senate struck the following language beginning on line 3 of the printed bill as

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JouRNAL OF THE SENATE,

follows:" the employer has a place of business or the violator resides," so that said clause, when amended, shall read as follows: "or, at the attorney-general's request and under his direction, by the prosecuting attorney of any county in which such case is pending."

12. We recommend that the Senate recede from its position in amending Section 19, subparagraph (f), by striking the word "one" on line 17 of the printed bill and adding in lieu thereof the word" eight." We recommend that the word "eight" be stricken from the bill as passed by the Senate, and that in lieu thereof it be replaced by the word" one."

13. We recommend that the Senate recede from its position in amending Section 19, subparagraph (f), on line 18 of the printed bill wherein the Senate undertook to insert after the word" State" the first time said word appears, the following language:" or who, having less than eight employees,have voluntarily had themselves placed thereunder." We recommend that said language added to said subsection (f) of Section 19 be stricken.
We, your Conference Committee, having carefully read the proof of the engrossed bill as passed. by the House and as passed by the Senate, and having found some typographical errors contained therein, attach to this, our report, a carefully tabulated list of typographical errors, which should be corrected in the said bill and recommend that all such corrections be made in said bill and that all corrections be made as provided for in the exhibit attached hereto.

SUBSTITUTE HOUSE BILL No. 185, TYPOGRAPHICAL ERRORS TO BE CORRECTED.
1. Section 5, subsection (c), (2), line 5, strike the word "lookout" a:nd insert in lieu thereof the word "lockout."
2. Section 5, subsection (d), line 4, strike first word" as" and insert in lieu thereof the word "was."

TuESDAY, MARCH 23, 1937.

2183

3. Section 6 (b), line 7, strike the word "determinations" and insert in lieu thereof tA.e word" decision."
4. Section 6 (b), line 10, strike the word "finding," inserting in lieu thereof the word " findings."
5. Section 6 (b), line 21, strike the word "and" as it appears after the word "files," inserting in lieu thereof the word "an."
6. Section 6 (c), line 6, strike the word "decisions" and insert in lieu thereof the word" decision."
7. Section 6 (d), line 2, strike the word "establish" and insert in lieu thereof the word" appoint."
8. Section 6 (i), line 13, amend by inserting after the second "and" and before the word "transcript," the word
' a. ,
9. Section 7 (c), line 10, third word, by striking the word "its" and inserting in lieu thereof the word" his."
10. Section 9 (b), line 12, strike the word "Treasurer," inserting in lieu thereof the word "Treasury."
11. Section 9 (b), line 19, strike the word "benefits" and insert in lieu thereof the word "benefit."
12. Section 9 (d), line 16, strike the word "an" as appears before the word "provided" and insert in lieu thereof the word "and."
13. Section 10, subparagraph (c), line 2, by striking the word "the" as it appears before the word "Act" and insert in lieu thereof the word "this."
14. Section 11, subparagraph (b), line 5, by striking the word "the" as it appears betore the word "State," inserting in lieu thereat the word "this."
15. Section 11 (d), line 6, by striking the word "any" and inserting in lieu thereat the word "may."

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16. Section 11 (d), line 7, by striking the word "of" as it appears after the word "moneys," inserting in lieu thereof the word "or."
17. Section 11 (d), line 15, by inserting the word "public" after the word "elective" and before the wcrd "office."
18. Section 11 (e), line 2, by striking the word "amy" and inserting in lieu therecf the word "may."
19. Section 11 (t), line 1, by striking the word "advise" and inserting in lieu thereat the wotd "advice."
20. Section 11 (g), line 16, inserting after the word "member" the words "of the Board of Review or."
21. Section 11 (i), first line, by inserting the word "a" between the words "obey" and "subpoena."
22. Section 11 (i), line 7, by striking the word "on" as it appears before the word "order" and inserting in lieu thereof the word "an."
23. Section 11 (k), line 16, by suiking the word "benefit" and inserting ir. lieu thereat the word "benefits."
24. Section 12 (a), line 21, by striking the word "appointment" and inserting in lieu thereof the word "appointments."
2:1. Section 14 (c), last line, by striking "II" as it appears after the word "1 itle" and inserting in lieu thereof the figures "11."
26. Section 15 (a), first line, by striking the word "or" as it appears before the word "rights" and inserting in lieu thereof the word "of."
27. Section 15 (a), line 3, by striking the word "an" as it appears before the word "individual" and inserting in lieu thereat the word "any."
28. Section 15 (a), line 4, by striking the word "for" and inserting in lieu thereat the word "from."

TuESDAY, MARCH 23, 1937.

2185

29. Section 15 (b), line 3, by inserting between the words "or" and "its" the words "his or," to read as follows: "or his or its."
30. Section 17 (b), line 3, by inserting after the word "State" a semi-colon, and after the word "or" a comma.
31. Section 19 (f), line 1, by striking the word "or" as it appears between the word "type" and "organization," inserting in lieu thereof the word "of."
32. Section 19 (f), line 17, by striking the comma, as it appears after the word "work" and inserting in lieu thereof a semi-colon.
33. Section 19 (g), (2), line 2, by inserting a comma after the word "organizatioP.''
34. Sectiof' 19 (g), (4), line 6, by striking the word "unit" and inserting in lieu thereof the word "units.''
35. Section 19 (h), (4), line 4, by striking the word "which" as it appears before the word "shall."
36. Section 19 (h), (6) (A), line 3, by striking the words "services, both under his contract of service, and," substituting in lieu thereof the following words: "service and."
37. Section 19 (h), (7) (E), line 3, by striking the word "education" and inserting in lieu thereof the word "educational."
38. Section 19 (h), (7) (H), line 9, by inserting between the words "under" and "Act" the word "such."
39. Section 19 (k), (2), line 2, by striking the word "his" and inserting in lieu thereof the word "the."
40. Section 19 (k), (4), line 3, by striking the word "be" and inserting in lieu thereof the word "by."
41. Section 19 (1), line 1, by striking the word "state" as it appears the second time in the said line and inserting in lieu thereof the word "states.''

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42. Section 19 (n), line 3, by inserting between the words "customarily" and "by" the word "received," so as to read as follows: "customarily received by."
43. Section 19 (p), line 4, by striking the figures "1937" and inserting in lieu thereof the figures "1938."
44. Section 19 (r), line 3, by striking the comma appearing after the word "week;" and in line 4 by striking the comma appearing after the word "thereafter."
Respectfully submitted, this 22nd day of March, 1937.
On the part of the Senate:
HARDMAN of the 33rd District,
ATKINSON of the 1st District,
LINDSAY of the 34th District.

On the part of the House: 1 URNER of DeKalb, BREWTON of Evans, LEONARD of Muscogee.

1 he following communication from His Excellency, the Governor, was read:
March 23, 1937. To the General Assembly:
I am returning herewith House Bill No. 772 which I have vetoed with the consent and approval of the authors of the bill.
Respectfully submitted, .E. D. RIVERS, Governor.

TUESDAY, MARCH 23, 1937.

2187

The following communication from His Excellency, the Governor, was read:

March 23, 1937.

To the General .dssembiy: I am returning herewith House Bill No. 705which I have
vetoed with the consent and approval of the authors of the bill.
Attached hereto is a copy of an opinion of the Attorney General holding that the said bill is unconstitutional.
Respectfully submitted,
E. D. RIVERS,
Governor.

STATE OF GEORGIA DEPARTMENT OF LAW
Atlanta, Ga.

HoN. E. D. RIVERS, Governor, State Capitol, Atlanta, Georgia.

March 23, 1937.

Dear Governor Rivers:
In Re: House Bill No. 705
The authority of the General Assembly to grant to the governing authorities of any city the authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses must, if it exists, must be found in the Constitution.

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Paragraph 25 of Article 3, Section 7 of the Constitution, being Section 2-1825 of the Code of 1933, gives authority to the General Assembly to authorize certain cities named therein and other cities having a population of 25,000 or more inhabitants according to the 1920 United States census, or any future census, to pass zoning and planning laws.
The City of Swainsboro is not included among the number of cities designated in the Constitution either by name or by population.
My conclusion, therefore, is that the General Assembly is without constitutional authority to pass House Bill No. 705, the object of which is to zone the City of Swainsboro for the purposes described in the Act.
Yours sincerely,
M. J. YEOMANS,
Attorney General.

Senator Lindsay of the 34th District moved that Senate Bill No. 260 be taken from the table and the motion prevailed.

The following bill of the Senate, having already been read a third time, was put upon its passage:
By Senator Johnson of the 42nd District-
Senate Bill No. 260. A bill to provide that the practice of going upon private property for the purpose of soliciting orders for the sale of goods, etc., shall not be a nuisance, and for other purposes.

Senator Lindsay of the 34th District offered the following amendments:
To amend by striking the caption thereof and inserting in lieu thereof, the following:

\

TuESDAY, MARCH 23, 1937.

2189

"A bill to be entitled 'An Act to provide that it shall be unlawful for any municipality to ordain by ordinance or resolution that the ordinary solicitations of orders for goods, wares and merchandise to be delivered shall be a nuisance.' "
To amend by striking Section 1 of said bill and inserting in lieu thereof the following:

"Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any municipality to ordain by ordinance, or resolution, that the ordinary solicitations of orders for goods, wares and merchandise to be delivered shall be a nuisance."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 34, the nays 4.
The bill having received the requisite constitutional majority was passed, as amended.
The following resolution of the House was read and adopted:

By Messrs. Evans of McDuffie and Drinkard of Lincoln-
House Resolution No. 232. A resolution urging the Georgia delegation in Congress to support a move to have the United States Postal Authorities issue a series of postage stamps bearing the likeness of Thomas E. Watson.

The following Conference Committee report on House Bill No. 250 was submitted, read and adopted:
Mr. President, Mr. Speaker:
We, your committee appointed to confer on House Bill

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No. 250, a bill to be entitled an Act to provide for the chartering of non-profit corporations to be organized for the purpose of furnishing group hospitalization and service, and for other purposes, have conferred and beg leave to submit this, our Conference Committee report:
We recommend that the Senate recede from its position on Senate amendment No. 1, by Senator Lindsay of the 34th District.
We recommend that the House recede from its position on Senate amendments Nos. 2, 3, 4 and 5, by Messrs. Harrison of the 17th. District, Chason of the 8th District, et al., Allen of the 31st District, and Jones of the 38th District.
Respectfully submitted,
On the part of the Senate:
LINDSAY of the 34th District,
CHASON of the 8th District,
HARDMAN of the 33rd District.

On the part of the House: PERRY of Worth, LANIER of Richmond, SAMS of DeKalb.

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 and resolution of the House, to-wit:

By Mr. Dugas of WhiteHouse Bill No. 833. A bill to be entitled an Act to pra-

TUESDAY, MARCH 23, 1937.

2191

vide a tax to be known as commodity stamp tax, and 'for other purposes.
By Mr. Zellner of Monr~e and others-
House Resolution No. 57-336b. A resolution proposing an amendment to the Constitution of the State of Georgia authorizing zoning laws in certain cities, and for other purposes.
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mrs. Mankin of Fulton and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 91. A bill to be entitled an Act to amend Section 105-1306 of Code of 1933, providing for the recovery for homicide of wife or mother, etc., and for other purposes.
By Messrs. Houze of Lowndes and Morris of Douglas-
House Bill No. 194. A bill to regulate and prohibit the storage ofgame birds, game animals, deer, wild turkey, wild duck, and other game animals to provide penalties for violations of this Act, and for other purposes.
By Messrs. Allison and Tapp of Gwinnett and Pirkle .of Forsyth-
House Bill No. 817. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.
By Messrs. Bond of Oconee and Preston and Almand of Walton-
House Bill No. 837. A bill to amend the State Highway

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Mileage Act by adding a certain road to the State Aid System of Roads.

By Messrs. Turner, Candler, and Sams of DeKalb, and many others-
House Bill No. 840. A bill to be entitled an Act to regulate the production, sale and distribution of milk in cities having a certain population, and for other purposes.
By Messrs. Coleman of Lowndes, Houston of Worth, and Key of Jasper-
House Bill No. 484. A bill to amend the 1929 Milk Laws by making certain strikes and inserts, and for other purposes.

Mr. President:
The House has passed by the requisite constitutional majority the following resolution, to-wit:

By Messrs. Harrell and Blease of Brooks-
House Resolution No. 90. A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State, authorizing the City of Quitman in the County of Brooks to pass and enforce zoning and planning laws for said city, and for other purposes.
The following bills of the House were read the first time and referred to the committees:

By Mr. Marshall of Macon-
House Bill No. 56. A bill to regulate the manner of teaching and serving the public in barber and beauty schools and colleges, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

TuESDAY, MARCH 23, 1937.

2193

By Mr. Horne of Bibb-
House Bill No. 78. A bill to promote the prevention and cure of cancer; to appropriate $100,000.00 annually, therefor; and for other purposes.
Referred to Committee on Appropriations.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 171. A bill to amend an Act to provide for maintenance of libraries established by municipalities but operated by boards of trustees, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Key of Jasper and Leonard of Muscogee-
House Bill No. 279. A bill to regulate the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Culpepper of Fayette and McGraw of Meriwether-
House Bill No. 318. A bill to repeal Section 24-2628 of Chapter 24-26 of the 1933 Code, relating to a convention of judges to recommend rules of practice to the General Assembly of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Lewis of Burke, Lanham of Floyd, Chappell of Sumter, and Hart of Coweta-
House Bill No. 338. A bill to permit Peace Officers of another State of the United States who enters the State of Georgia in fresh pursuit of persons believed to have com-

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mitted a felony in another State to arrest and hold such person in custody, and for other purposes.
Referred to Committee on Uniform Laws.

By Mr. Palmour of Hall-
House Bill No. 413. A bill to amend Section 68-623 of the 1933 Code which provides for annual registration by motor common carriers, and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Hill and Joel of Clarke-
House Bill No. 425. A bill to provide for the selection of an official organ in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Parker of Colquitt, Key of Jasper, and Welsch of Cob~
House Bill No. 506. A bill to provide that the acceptance by non-residents of the rights conferred by the Georgia Laws, permitting the operating of motor vehicles upon the highways of this State, and for other purposes.
Referred to Committee on Motor Vehicles.

By Mr. Pound of Hancock-
House Bill No. 532. A bill to create and establish a factory by the State to produce such supplies used by the State and its political subdivisions, as may be successfully manufactured by the blind and persons of sub-standard vision, and for other purposes.
Referred to Committee on Manufactures.
By Messrs. Adams of Franklin and Candler of DeKalb-
House Bill No. 541. A bill to amend Subsection 2, Sec-

TuESDAY, MARCH 23, 1937.

2195

tion 5 of Act No. 524 of the Assembly of 1914 relating to Fraternal Benefit Societies, and for other purposes.
Referred to Committee on Insurance.

By Messrs. Key of Jasper and Coleman of Lowndes-
House Bill No. 548. A bill regulating insurance and insurance companies, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Dugas of White-
House Bill No. 549. A bill to.provide a tax on transfers of stock and provide additional emergency tax, and for other purposes.
Referred to Committee on Finance.

By Mr. Chappell of Sumter-
House Bill No. 639. A bill to amend Paragraph 110 of the General Tax Act of 1935, which imposes a license fee of $100.00 for each place of business upon persons or corporations engaged in the business 0f automobile financing, etc., by increasing the amount oflicense fee imposed, and for other purposes.
Referred to Committee on Finance.

By Messrs. Cohen and Grayson of Chatham and Booth of Barrow-
House Bill No. 695. A bill'to regulate boxing, sparring and wrestling exhibitions in Georgia; to create a State Athletic Commission; and for other purposes.
Referred to Committee on State of the Republic.

By Mrs. Coxon of LongHouse Bill No. 700. A bill to authorize the State Depart-



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JouRNAL OF THE SENATE,

ment of Public Welfare to cooperate with the Federal Government through its appropriate agency in supervising the administration of a program of services for children who are crippled, and for other purposes.
Referred to Committee on Public Welfare.

By Messrs. Dampier and Larsen of LaurensHouse Bill No. 800. A bill to repeal an Act amending
Section 808 of the Penal Code of Georgia of 1910, and the section of the Code of Georgia of 1933 corresponding thereto, relating to the appointment of criminal bailiff in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Adams of FranklinHouse Bill No. 811. A bill to amend the Highway Mile-
age Act so as to add a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Campbell of NewtonHouse Bill No. 839. A bill to revise the several Acts
amending the charter of the City of Covington, and for other purposes.
Referred to Committee on. Municipal Government.
By Mr. Walton of StewartHouse Bill No. 844. A bill to amend the Highway Mile-
age Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

TuESDAY, MARCH 23, 1937.

2197

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 91. A bill to amend Section 105-1306 of the 1933 Code providing for the recovery for homicide of wife or mother, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Houze of Lowndes and Morris of Douglas-
House Bill No. 194. A bill to regulate and prohibit the storage of game birds, deer, wild turkey and other game animals, and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Coleman of Lowndes, Houston of Worth, and Key of Jasper-
House Bill No. 484. A bill to amend the 1929 Milk Laws by making certain strikes and inserts, and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Allison and Tapp of Gwinnett and Pirkle of Forsyth-
House Bill No. 817. A bill to amend the State Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Mr. Dugas of White-
House Bill No. 833. A bill to provide a tax to be known as Commodity Stamp Tax on the sale or purchase of certain commodities and the contracts therefor, and for other purposes.
Referred to Committee on Finance.

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JouRNAL oF THE SENATE,

By Messrs. Bond of Oconee, Preston of Walton, and Almand of Walton-
House Bill No. 837. A hill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Turner, Candler, and Sams of DeKalb; Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 840. A bill to declare an emergency concerning the production and sale of milk; to define milk; to regulate the distribution of milk in certain counties; and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 626. A bill to amend an Act approved August 13, 1924, so as to provide that the salaries of county officials shall be fixed upon an annual basis for either a calendar or fiscal year, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Sutton of Wilkes-
House Bill No. 664. A bill to amend Section 100-101 (State Depositories provided for in various cities), of the Code of Georgia of 1933, by striking said section in its entirety and making a new insert, and for other purposes.
Referred to Committee on Banks and Banking.

By Messrs. Mundy of Polk, Hill of Clarke, Lanham of Floyd, Bennett of Ware, Moore of Baldwin, Lanier of Richmond, and Key of Jasper-
House Bill No. 689. A bill to amend Section 32-104 of

TuESDAY, MARCH 23, 1937.

2199

the present Code of the State of Georgia relating to the Board of Regents of the University of Georgia, and how constituted.
Referred to Committee on University System of Georgia.
By Messrs. Kendrick and Hastings of Fulton and Mrs. Mankin of Fulton-
House Bill No. 694. A bill to amend Paragraph II of Section VI of Article VII of the Constitution of the State of Georgia by directing the county authorities of all counties having wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax not exceeding 1~ mills for educational purposes.
Referred to Committee on Amendments to the Constitution.

'-, By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 809. A bill to amend an Act approved March 28, 1933, said Act to be amended being itself an amendment to Section 808 of the Penal Code of Georgia of 1910, which provides for the appointment of special criminal bailiffs in counties of a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Moore of Lumpki'n and Phillips and Palmour of Hall-
House Bill No. 816. A bill to amend the"Highway Mileage" Act by permitting the placing on the Highway System of a certain road located in Hall and Lumpkin Counties.
Referred to Committee on Highways and Public Roads.

By Messrs. Lewallen of Banks and Brooks and Wages of Jackson-
House Bill No. 819. A bill to amend an Act entitled

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JouRNAL oF THE SENATE,

"Highway Mileage" as the same appears in the Acts of 1929 in order to add a road to the State Road System, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 836. A bill to provide for a pension fund for county employees in counties having a certain population, and for other purposes.
Referred to Committee on Municipal Government.

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

By Messrs. Peebles of Bartow and Morris of Douglas-
House Bill No. 195. A bill to provide for the payment of / a license by certain persons fishing within the State of Georgia, and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Cochran of Thomas, Batchelor of Putnam, and Bargeron of Burke-
House Bill No. 310. A bill declaring an emergency concerning the production and sale of milk; creating a milk control board; and for other purposes.
Referred to Committee on Agriculture.

By Mrs. Coxon of Long and Messrs. Key of Jasper, Parker of Colquitt, and Gross of Stephens-
House Bill No. 446. A bill to authorize counties and cities to acquire and extend revenue producing undertakings; to maintain and operate same; collect fees, etc., for services; and for other purposes.
Referred to Committee on State of the Republic.

TuESDAY, MARCH 23, 1937.

2201

By Messrs. Parker and Barlow of Colquitt-
House Bill No. 575. A bill to provide for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in Rural Electrification by furnishing electrical energy, wiring assistance, etc., and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Cohen and McNall of Chatham and Lanier of Richmond-
House Bill No. 582. A bill to amend Section 56-309 of the 1933 Code which relates to the deposit of securities by insurance companies, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 614. A bill to amend Sections 92-3702, 3706, 3710, 3711 and 3715 of the 1933 Code to remove the limitation of county taxes upon the State levy, and for other purposes.
Referred to Committee on Finance.

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

By Messrs. Bradley of Tattnall, Deal of Bulloch, and Bennett of Ware-
House Resolution No. 216. A resolution to investigate and make recommendations with reference to purchase of. the Tattnall County Prison, and for other purposes.
Referred to Committee on Penitentiary.

By Mr. Sanders of CowetaHouse Resolution No. 233. A resolution cancelling the

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JouRNAL OF THE SENATE,

contract between the State of Georgia and the Dixie Terminal Building Company, unless certain erections are made before August 1, 1937, and for other purposes.
Referred to Committee on Western and Atlantic Railroad.

By Mr. Warnock of Montgomery-
House Resolution No. 237. A resolution authorizing the State Librarian to furnish certain volumes to Montgomery County, and for other purposes.
Referred to Committee on Public Library.

By Mr. Evans of McDuffie-
Hause Resolution No. 232. A resolution requesting Congress to issue a Thos. E. Watson postage stamp.

By Mr. Zellner of Monroe-
House Resolution No. 57. A resolution proposing to the voters of Georgia an amendment to the Constitution authorizing the City of Forsyth to pass and enforce zoning and planning laws, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Messrs. Harrell and Blease of Brooks-
House Resolution No. 90. A resolution proposing to the voters of Georgia an amendment to the Constitution authorizing th~ City of Quitman to pass zoning and planning laws, and for other purposes.
Referred to Committee on Amendments to the Constitution.

The following resolution of the House was read the first time and referred to the committee:

By Messrs. Dampier and Larsen of LaurensHouse Resolution No. 221. A resolution authorizing the

TUESDAY, MARCH 23, 1937.

2203

City of Dublin to issue refunding bonds for bonds due and outstanding as of January 1, 1938, and for other purp<_>ses.
Referred to Committee on Municipal Government.
House Bill No. 107, known as the Chain Store Tax Act, which was carried over as unfinished business from the afternoon session was taken up for consideration:
On House Bill No. 107 and all amendments theteto, Senator McKenzie of the 48th District moved the previous question and the motion prevailed.

Senator Millican of the 35th District moved to amend House Bill No. 107, by substituting the scale below in lieu of the scale shown in Section 1 of the Committee Susbtitute:
For one store operated in this State ............... $ 5.00
For not more than four (4) additional stores, for each such additional store ..................... $ 10.00
For five (5) additional stores and not more than eight (8), for each such additional store ......... $ 15.00
For nine (9) additional stores and not more than twelve (12), for each such additional store . . . . . . . $ 25.00
For thirteen (13) additional stores and not more than sixteen (16), for each such additional store ....... $ 3"5.00
For seventeen (17) additional stores and not more than twenty (20), for each such additional store .. $ 45.00
For twenty-one (21) additional stores and not more than twenty-five (25), for each such additional store ........................................ $ 55.00
For twenty-six (26) additional stores and not more than fifty (50), for each such additional store ..... $ 70.00
For fifty-one (51) additional stores and not more than seventy-five (75), for each such additional store ........................................ $ 85.00

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JouRNAL OF THE SENATE,

For seventy-six (76) additional stores, and not more than one hundred (100), for each such additional store........................................ $100.00
For one hundred and one (101) additional stores and not more than two hundred (200), for each such additional store ............... : .............. $125.00
For two hundred and one (201) stores and over, for each such additional store ..................... $150.00
On the adoption of the above amendment by Senator Millican, 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:

Burrell Chason Forrester Fowler

Hardman Harrison Millican Neely

Phillips Thrasher Walker

Those voting in the negative were Senators:

Allen AJma.nd Atkinson Atwood Aultman Brock Burgin Clements
Ennis
Flynt
Greer Griner Hampton

Harrell Holmes Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Moye Patten Peebles

Peterson Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 11, the nays 38.

TuESDAY, MARCH 23, 1937.

2205

The Millican amendment to the committee schedule was therefore lost.
Not voting was Senator Horne of the lOth District.
Senator Purdom of the 46th District moved to amend the Committee Substitute for House Bill No. 107 by striking therefrom Section 1 and substituting in place thereof a new Section 1, as follows:
"Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that for the privilege of opening, establishing, operating, maintaining, or continuing in the business of operating within this State a store or a chain of stores as defined in this Act, each person, firm, corporation, association, or partnership, trust or joint stock company, or any firm or association of persons however organized or whatever be the plan of operation, shall be required to obtain from the State Revenue Commission a license, non-transferable, to conduct such business, and shall pay an annual tax therefor in addition to the other specific, business and occupational taxes now and hereafter provided by law which tax shall be as follows:
For one store operated in this State ............... $ 5.00
For each store in addition to one and not in excess of 9 additional stores............................ $ 10.00
For each store in excess of 10 and not in excess of20.$ 15.00
For each store in excess of20 and not in excess of30. $ 25.00
For each store in excess of 30 and not in excess of 50.$ 35.00
For each store in excess of 50 and not in excess of 75.$ 45.00
For each store in excess of 75 and not in excess of 100.$ 55.00
For each store in excess of 100 and not in excess of 125 ......................................... $ 70.00
For each store in excess of 125 and not in excess of 150 . . . . . . . . . . . . . . . . . . . . . . . . . !, $ 80.00

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JOURNAL OF THE SENATE,

For each store in excess of 150 and not in excess of 200 ......................................... $ 90.00
For each store in excess of200 ................... $100.00
On the adoption of the above amendment by Senator Purdom, 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 Fowler Hardman Harrison Jackson Lindsay

McCutchen Millican Moye
Patten Phillips Pope

Purdom Shannon Thrasher Walker Williams

Those voting in the negative were Senators:

Allen Almand Atwood Aultman Brock Burgin Clements Ennis Flynt Forrester

Greer Griner Hampton Harrell Holmes Johnson Jones Kimbrough Knabb McKenzie

Neely Peebles Peterson Pruett Sammon Shedd Sikes Sutton Terrell Whitehead

Verification of the roll call was dispensed with.

The ayes were 17, the nays 30.

The Purdom amendment to the committee schedule was therefore lost.

Not voting were: Senators Horne of the lOth District, Burrell of the 40th District, and Chason of the 8th District.

Senator Millican of the 35th District offered the following amendment:

TuESDAY, MARCH 23, 1937.

2207

To amend the Committee Substitute to House Bill No. 107 or whatever scale is adopted to make the rate on the first store to read $1.00.

The amendment was adopted.

Senator Pope of the 7th District offered the following amendment to the Committee Substitute for House Bill No. 107:
To amend by ad_ding a new paragraph at the end of Section 1 to be numbered Section 1(a):
"That because of the manifest advantages accruing from the operation of retail stores collateral to, and in conjunction with, the operation of a mail order or catalog sales type of business, and because of the basic differences inherent in the operation of such a mail order or catalog sales business there be and is hereby levied an annual license tax upon each retail store engaged in the sale of goods, wares or merchandise within the State of Georgia, where such store is owned, operated, managed or controlled, directly or indirectly, by any person, firm, partnership, corporation or association of persons engaged in the business of selling by mail or in the distribution of catalogues within this State and the filling of orders at retail for merchandise as displayed therein, a:s follows:
(1) Upon one store, the annual license fee shall be One Thousand Dollars ($1,000).
(2) For a chain of two stores the annual license fee shall be Five Thousand Dollars ($5,000) per store.
(3) For a chain of three stores the annual license fee shall be Seven Thousand Five Hundred Dollars ($7,500) per store.

(4) For a chain of four stores the annual license fee shall be Ten Thousand Dollars ($10,000) per store.

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JouRNAL OF THE SENATE,

(5) Upon each store in excess of four stores the annual license fee shall be Fifteen Thousand Dollars for each additional store."
The amendment was adopted.

Senator Millican of the 35th District offered the following amendment to the Committee Substitute for House Bill No. 107:

By striking from Subsection D of Sec~ion 3, the words "Ice Cream."
The amendment was adopted.

Senator Harrell of the 12th District offered the following amendment to the Committee Substitute for House Bill No. 107:
To amend by adding at the end of Section 5 the following words:
"Provided further, that in determining what is a chain of stores within the meaning of this Act, each department in what are usually termed department stores, whether on the same or on a different floor, shall be counted as a separate store.
"And provided further, that in all cases each floor of the same department store shall be counted as a separate store.
"And provided further, that in all cases, each section of every department store, when the sales force assigned to such section is a different sales force from that of the other sectionsf shall be counted as a separate store."
On the adoption of the amendment by Senator Harrell of the 12th District, the ayes and nays were called for and the call was sustained.
The roll was called and the vote was as follows:

TUESDAY, MARCH 23, 1937.

2209

Those voting in the affirmative were Senators:

Almand Burgin Chason Ennis Flrnt Forrester Fowler Greer

Griner Hampton Harrell Harrison Holmes Jackson Johnson Jones

Knabb McKenzie Moye Neely Pruett Walker Whitehead

Those voting in the negative were Senators:

Allen Aultman Brock Burrell Clements Hardman Kimbrough Lindsay

McCutchen Millican Peebles Peterson Phillips Pope Sammon

Shannon Shedd Sikes Sutton Terrell Thrasher Will1ams

Verification of the roll call was dispensed with.

The ayes were 23, the nays 22.

The Harrell amendment was therefore adopted.

Not voting were: Senators Atkinson of the 1st District, Atwood of the 2nd District, Horne of the lOth District, Patten of the 6th District, and Purdom of the 46th District.

Senator Allen of the 31st District offered the following amendment to the Committee Substitute for House Bill No. 107:
To amend Section 8, line 16 by striking the word" competent" and inserting in lieu thereof the words" the duty."
The- amendment was adopted.

Senator Allen of the 31st District offered the following amendment to the Committee Substitute for House Bill No. 107:

2210

JouRNAL OF THE SENATE,

To amend Section 9, line 7 by striking the word "competent" and inserting in lieu thereof the words" the duty."
The amendment was adopted.
The Committee Substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, Senator Purdom of the 46th 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:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Forrester Fowler Greer

Griner Hampton Hardman Harrell Holmes Jackson Johnson Jones Kimbrough Knabb McCutchen McKenzie Millican Neely Patten

Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Whitehead Williams

Those voting in the negative were Senators:

Harrison Lindsay

Moye

Walker

Verification of the roll call was dispensed with.

The ayes were 45, the nays 4.

TuESDAY, MARCH 23, 1937.

2211

The bill having received the requisite constitutional majority was passed, by substitute, as amended.
Not voting: Senator Horne of the lOth District.
Senator Burgin of the 24th District asked unanimous consent that House Bill No. 107, by substitute, as amended, be immediately transmitted to the House and the consent was granted.
Senator Lindsay of the 34th District moved that the Senate reconsider its action in adopting the report of the Conference Committee on House Bill No. 26 and the motion prevailed.
The following report of the Conference Committee on House Bill No. 26, having the effect of amending the original report was read:
The conferees of the Senate and the conferees of the House, as to House Bill No. 26, have filed the conference report in the Senate and the House, respectively, however in order to clarify said report amends the conference report as follows:
By adding to the third paragraph numbered "3" immediately after the semi-colon at the end of the first line, the following: "That Section 1 of House Bill No. 26 be stricken, and that there be substituted in lieu thereof the following:
Conferees on the part of the Senate: PATTEN of the 6th District, Chairman.
ATKINSON of the 1st District, PuRDOM of the 46th District.
Conferees on the part of the House: LANIER of Richmond, Chairman.
McGRAw of Meriwether, DEAL of Bulloch.

2212

JouRNAL OF THE SENATE,

Senator Patten of the 6th District moved that the Senate adopt both the reports of the Conference Committee on House Bill No. 26.

Senator Lindsay of the 34th District offered as a substitute motion for the motion by Senator Patten of the 6th District, that the Senate disagree to the Conference Committee reports on House Bill No. 26 and the committee be discharged and that another Committee of Conference be appointed to confer with a like committee from the House on House Bill No. 26.
On the motion by Senator Patten of the 6th District that the Conference Committee reports be adopted, the ayes were 20, the nays 13.
The President announced that the reports, having received a majority of a quorum voting, were therefore adopted.

Senator Lindsay made the point of order that the reports of the Conference Committee affected an amendment to the Constitution and therefore would require a twa-thirds vote of the Senate for adoption.
The Chair ruled that only a majority of a quorum voting was necessary for the adoption of a Conference Committee report.

Senator Lindsay of the 34th District gave notice of a motion to reconsider the action of the Senate in adopting the reports of the Conference CoJ:!lmittee on House Bill No. 26.
The following privilege resolutions were read and adopted:
By Senator Millican of the 35th DistrictA resolution extending the privileges of the floor to Han.
J. D. Kirkland of Metter, Georgia.

TuESDAY, MARCH 23, 1937.

2213

By Senator Williams of the 5th District and McKenzie of the 48th District-
A resolution extending the privileges of the floor to Hon.
John R. Brown of the City of Cordele, Georg~a.

By Senators Forrester of the 44th District and McCutchen of the 43rd District-
A resolution extending the privileges of the floor to Hon. L. G. Hardman, son of former Governor Hardman.

By Senator Williams of the 5th District-
A resolution extending the thanks of the Senate to Senator Atwood of the 2nd District fat the delightful shrimp which were presented to the members.

By Senator Peebles of the 18th District-
A resolution expressing the thanks of the Senate to the County of Richmond for the invitation to attend the County Commissioners Association to be held in Augusta on April 12th.

Senator Purdom of the 46th District moved that the Senate do now adjourn until9:30 o'clock tomorrow morning and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 9:30 o'clock, A.M.

2214

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, MARCH 24, 1937.
The Senate met, pursuant to adjournment, at 9:30 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the acting Chaplain.
Senator Holmes of the 22nd District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.
Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found 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.
Senator Lindsay of the 34th District moved that the Senate reconsider its action in adopting the report of the Conference Committee on House Bill No. 26 and the motion prevailed.
Senator Lindsay of the 34th District asked unanimous consent that the report of the Conference Committee on House Bill No. 26 be withdrawn from further consideration of the Senate and that same committee be appointed as a Committee of Conference on House Bill No. 26. The consent was granted.
The Journal was confirmed.

WEDNESDAY, MARCH 24, 1937.

2215

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 533.
House Bill No. 425..
Respectfully submitted,
JACKSON, Chairman.

Senator Griner of the 45th District asked unanimous consent that the following bills of the House be withdrawn from committees, read a second time and recommitted to the respective committees:
By Messrs. Coleman of Lowndes, Houston of Worth, and Key of Jasper-
Ho.use Bill No. 484. To amend the 1929 Milk Laws by making certain strikes and inserts, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Turner, Candler, and Sams of DeKalb; Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 840. A bill to declare an emergency concerning the production and sale of milk, and for other purposes.
Referred to Committee on State of the Republic.

2216

JouRNAL oF THE SENATE,

By Messrs. Cohen and Grayson of Chatham and Booth of Barrow-
House Bi,ll No. 695. A bill to regulate boxing, sparring and wrestling exhibitions in Georgia; to create a State Athletic Commission; and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Cochran of Thomas, Batchelor of Putnam, and Bargeron of Burke-
House Bill No. 310. A bill declaring an emergency concerning the production and sale of milk; creating a milk control board; and for other purposes.
Referred to Committee on Agriculture.

By Mr. Palmour of Hall-
House Bill No. 413. A bill to amend Section 68-623 of the 1933 Code which provides for annual registration by motor common carriers, and for other purposes.
Referred to Committee on State of the Republic.

By Mrs. Coxon of Long and others-
House Bill No. 446. A bill to authorize counties and cities to acquire and extend revenue producing undertakings; to maintain and operate same; and for other purposes.
Referred to Committee on State of the Republic.

By Messrs. Key of Jasper and Leonard of Muscogee-
House Bill No. 279. A bill to regulate the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying, and for other purposes.
Referred to Committee on State of the Republic.

WEDNESDAY, MARCH 24, 1937.

2217

The consent was granted, the bills read a second time and recommitted to the respective committees.

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

By Messrs. F1anders and Rountree of Emanuel-
House Bill No. 533. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Emanuel, and for other purposes.

AMENDMENT
Senator Spivey of the 16th District moves to amend House Bill No. 533 by inserting in the caption thereof after the semi-colon in line 8 of the caption the following language:
"To provide for the approval or rejection of this Act at a referendum election on June 8, 1937."
and by further amending House Bill No. 533 by adding thereto a new section to be appropriately numbered and to read as follows:
"This Act shall take effect only in the event it is approved by a majority of the voters of Emanuel County voting in the election on June 8, 1937. At said election those favoring the approval and adoption of this Act shall vote ballots marked' For election of clerk of County Commissioners by the voters of Emanuel County,' and those voting against the adoption of this Act and for the rejection thereof shall vote ballots having printed upon them 'Against election of clerk of County Commissioners by the voters of Emanuel County.' If a majority of those voting in Emanuel County in said election vote 'For election of clerk of County Commissioners by the voters of Emanuel County,' this Act shall be of full force and effect, but if a majority of those voting in

2218

JouRNAL oF THE SENATE,

Emanuel County vote' Against election of clerk of County Commissioners by the voters of Emanuel County,' this Act shall be void and of no effect."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 460. A bill to provide for compensation of Jury Commissioners and their clerks in certain counties, and for other purposes.

Senator Spivey of the 16th District offered the following amendment to House Bill No. 460:
To amend Section 1 thereof by adding after the words 32,703 in line five (5) the following"and all future census."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Houston and Perry of Worth-
House Resolution No. 127. A resolution to relieve John M. Massey and J. G. Powell from liability on the bond_of Troy Tyson.

WEDNESDAY, MARCH 24, 1937.

2219

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 28, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

Senator McCutchen of the 43rd District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. President:
Your Committee on University System of Georgia has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 689.
Respectfully submitted,
McCuTCHEN, Chairman.

Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:

Mr. President:
Your Committee on Uniform Laws has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 397.
Respectfully submitted, BRocK, Chairman.

2220

JouR~AL oF THE SENATE,

Senator Lindsay of the .34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass:
House Bill No. 626.
Respectfully submitted,
LINDSAY, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:

Mr. President:
Your Committee on State of the Republic has had under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 575.
Respectfully submitted,
GRINER, Chairman;

Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President: Your Committee on Hygiene and Sanitation has had

WEDNESDAY, MARCH 24, 1937.

2221

under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 56.

Respectfully submitted,

CHASON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bills .of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 838.
House Bill No. 809.
Respectfully submitted,
jACKSON, Chairman.

Senator .Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to

2222

JouRNAL oF THE SENATE,

the Senate with the recommendation that the same do pass:
House Bill No. 816.
House Bill No. 819.

Respectfully submitted,

PHILLIPS, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Public Library, submitted the following report:

Mr. President: Your Committee on Public Library has had under con-
sideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
House Resolution No. 34-189a.
Respectfully submitted,
JOHNSON, Chairman.

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the

WEDNESDAY, MARCH 24, 1937.

2223

same back to the Senate with the recommendation that the same do pass:
House Resolution No. 90. House Resolution No. 57.
Respectfully submitted, PoPE, Chairman.

Senator Knabb of the 4th District, Vice-Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the House and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 664.
Respectfully submitted,
KNABB, Vice-Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
Your Committee on Penitentiary has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 216-816a.
Respectfully submitted,
PuRDoM, Chairman.

2224

JouRNAL oF THE SENATE,

Senator Pope of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 694.
Respectfully submitted,
PoPE, Chairman.

Senator Aultman of the 23rd District, Chairman of the Committee on Game and Fish, s~bmitted the following
report:

Mr. President: Your Committee on Game and Fish has had under con-
sideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 195.
Respectfully submitted,
AuLTMAN, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills and resolution of the

WEDNESDAY, MARCH 24, 1937.

2225

House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 582. House Bill No. 836. House Resolution No. 221-832a. House Bill No. 839.
Respectfully submitted,
PEEBLES, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bills of the House and has in~structed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 614 do pass.
House Bill No. 140 do pass, as amended.
Respectfully submitted,
ENNIS, Chairman.

Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the

2226

JOURNAL OF THE SENATE,

Senate with the recommendation that the same do pass, as amended:
House Bill No. 805.

Respectfully submitted, PEEBLEs, Chairman.

Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President: Your Committee on Highways and Public Roads has
had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 844. House Bill No. 811.
House Bill No. 837. House Bill No. 817.
Respectfully submitted, PHILLIPS, Chairman.

Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President:
Your Committee on Motor Vehicles has had under consideration the following bill of the House and has instructed

WEDNESDAY, MARCH 24, 1937.

2227.

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 506.
Respectfully submitted,
SuTToN, Chairman.
Senator Aultman of the 23rd District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 194.
Respectfully submitted,
AuLTMAN, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Public Library, submitted the following report:
Mr. -President:
Your Committee on Public Library has had under consideration the following bill and resolution of the House and has instructed me, as chairma:r:t, to report the same back to the Senate with the recommendation that:
House Resolution No. 237-847a do not pass.
House Bill No. 171 do pass.
Respectfully submitted, JoHNSON, Chairman.

2228

JouRNAL OF THE SENATE,

Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: '
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
House Bill No. 458.
Respectfully submitted,
ALLEN, Chairman.

Senator Sammon of the 51st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 541.
Respectfully submitted,
SAMMON, Chairman.

Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
1\.1r. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the

WEDNESDAY, MARCH 24, 1937.

2229

Senate with the recommendation that the same do pass, as amended:
House Bill No. 821. Respectfully submitted,
SHANNON, Chairman.

Senator Burgin of the 24th District, Chairman of the Committee on Manufactures, submitted the following report:
Mr. President:
Your Committee on Manufactures has had under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass:
House Bill No. 532.
Respectfully submitted,
BuRGIN, Chairman.

Senator Harrison of the 17th District, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. President:
Your Committee on Public Welfare has had under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the Senate with the recommendation that the same do pass:
House Bill No. 700.
Respectfully submitted,
HARRISON, Chairman.

2230

JouRNAL OF THE SENATE,

Senator Jackson of the 14th District, Chairman of the Committee on Counties and .County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that: .
House Bill No. 778 do pass.
House Bill No. 777 do pass, as amended.
House Bill No. 205 do pass.
Respectfully submitted,
JACKSON, Chairman.

Senator Brock of the 37th District, Chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President:
Your Committee on Uniform Laws has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 338.
Respectfully submitted,
BRocK, Chairman.
Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report:

WEDNESDAY, MARCH 24, 1937.

2231

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 548.
Respectfully submitted,
ALLEN, Chairman.

Senator Lindsay of the 34th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President: Your Committee on General Judiciary No. 1 has had
under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 91.
House Bill No. 318.
House Bill No. 800.
Respectfully submitted, LINDSAY, Chairman.

Senator Thrasher of the 27th District, Chairman of the

Committee on Western and Atlantic Railroad, submitted

the following report:



Mr. President:
Your Committee on Western and Atlantic Railroad has had under consideration the following resolution of the House and has instructed me, as chairman, to report the

2232

JOURNAL OF THE SENATE,

same back to the Senate with the recommendation that the same do pass, as amended:
House Resolution No. 233-844a. Respectfully submitted, THRASHER, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:

Mr. President:
Your Committee on State of the Republic has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate witn the recommendation that the same do pass, as amended:
House Bill No. 446.
Respectfully submitted,
GRINER, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:

Mr. President:
Your Committee on State of the Republic has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 695 do pass, as amended.
House Bill No. 413 do pass.
Respectfully submitted, GRINER, Chairman.

WEDNESDAY, MARCH 24, 1937.

2233

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committe~ on Agriculture has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 310.
Respectfully submitted,
PuRDOM, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted .the following report:
Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 552. Respectfully submitted,
JACKSON, Chairman.
Senator Fowler of the 39th .District, Vice-Chairman of the Committee on Finance, submitted the following report:
Mr. President: Your Committee on Finance has had under consideration
the following bills of the House and has instructed me, as

2234

JouRNAL oF THE SENATE,

vice-chairman, to report the same back to the Senate with the recommendation that the same do not p~ss:
House Bill No. 639. House Bill No. 549. House Bill No. 833.
Respectfully submitted, FowLER, Vice-Chairman.

Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 78 do pass, as amended.
House Bill No. 652 do pass.
House Bill No. 761. The Senate Committee on Appropriations not having sufficient time to go over this bill reports the same back to the Senate without recommendation but with the suggestion that the Senate constitute itself as the Committee of the whole on Appropriations when this bill comes on for a hearing, and that the committee of the whole consider this bill section by section.
Respectfully submitted,
FLYNT, Chairman.

MINORITY REPORT
Members of the Committee on Finance submitted the following report:

WEDNESDAY, MARCH 24, 1937.

2235

Mr. President:
The undersigned memhers of your Committee on Finance have had under consideration the following bills of the House and dis~gree with the majority of the committee and wish to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 549.
House Bill No. 833.

Senators Ennis of the 20th District, Neely of the 36th District, and Patten of the 6th District. Respectfully submitted, ENNIS, Chairman.

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

By Mr. Marshall of Macon-
House Bill No. 56. A bill to regulate the manner of teaching, learning and serving the public in ibarber and beauty schools and colleges; to provide penalties for the violation of Chapter 84-4 of this Act; and for other purposes.

By Messrs. Peebles of Bartow and Morris of Douglas-
House Bill No. 195. A bill to provide for the payment of a license by certain persons fishing within the State of Georgia, to prescribe penalties for the violation of this Act, and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 397. A hill to provide for the examination

2236

JouRNAL OF THE SENATE,

of master and journeyman plumbers and steam fitters, carrying on said vocations in certain counties; to create a Board of Examiners for said purpose; and for other purposes.

By Messrs. Hill and Joel of Clarke--
House Bill No. 425. A bill to provide for the selection of an official organ in counties of population not less than twenty-three thousand and not more than thirty thousand, where there are two or more daily newspapers of general circulation that have been so published and circulated for a period of at least two years, and for other purposes.

By Messrs. Parker and Barlow of Colquitt-
House Bill No. 575. A bill to provide for the formation of Cooperative Non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in Rural Electrification by furnishing electrical energy, wiring assistance, etc., and for other purposes.

By Messrs. Cohen and MeNall of Chatham and Lanier of Richmond-
House Bill No. 582. A bill to amend Section 56-309 of the 1933 Code which relates to the deposit of securities by insurance companies, and for other purposes.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 614. A bill to amend Sections 92-3702, 3706, 3710, 3711, and 3715 of the 1933 Code to remove the limitation of county taxes upon the State levy, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of BibbHouse Bill No. 626. A bill to amend an Act approved

WEDNESDAY, MARCH 24, 1937.

2237

August 13, 1924, so as to provide that the salaries of county officials shall be fixed upon an annual basis for either a calendar or fiscal year, and for other purposes.

By Mr. Sutton of Wilkes-
House Bill No. 664. A bill to amend Section 100-101 (State Depositories provided for in various cities), of the Code of Georgia of 1933, by striking said section in its entirety and making a new insert, and for other purposes.

By Messrs. Mundy of Polk, Hill of Clarke, Lanham of Floyd, Bennett of Ware, Moore of Baldwin, Lanier of Richmond, and Key of Jasper-
House Bill No. 689. A bill to amend Section 32-104 of the present Code of the State of Georgia relating to the Board of Regents of the University System of Georgia, and how constituted.

By Messrs. Kendrick and Hastings of Fulton and Mrs. Mankin of Fulton-
House Bill No. 694. A bill to amend Paragraph II of Section VI of Article VII of the Constitution of the State of Georgia by directing the county authorities of all counties having wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax not exceeding 1_%' mills for educational purposes.

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 809. A bill to amend an Act approved March 28, 1935, said Act to be amended being itself an amendment to Section 808 of the Penal Code of Georgia of 1910, which provide for the appointment of special criminal bailiffs in counties of a certain population, and for other purposes.

2238

JouRNAL OF THE SENATE,

By Messrs. Moore of Lumpkin and Phillips and Palmour of Hall-
House Bill No. 816. A bill to amend the "Highway Mileage" Act by permitting the placing on the Highway System of a certain road located in Hall and Lumpkin Counties.

By Messrs. Lewallen of Banks and Brooks and Wages of Jackson-
House Bill No. 819. A bill to amend an Act entitled "Highway Mileage" as the same appears in the Acts of 1929 in order to add a road to the State Road System, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 836. A bill to provide for a pension fund for county employees in counties having a certain population, and for other purposes.

By Mr. Campbell of Newton-
House Bill No. 838. A bill to amend an Act of August 18, 1919, relating to the salary of Treasurer of Newton County, by reducing salary of said treasurer.

By Mr. Campbell of Newton-
House Bill No. 839. A bill to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Covington, and for other purposes.

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 171. A bill to amend an Act to provide for maintenance of libraries by municipalities but operated by boards of trustees, and for other purposes.

WEDNESDAY, MARCH 24, 1937.

2239

By Messrs. Key of Jasper and Coleman of Lowndes-
House Bill No. 548. A bill regulating Insurance and Insurance Companies, and for dther purposes.

By Mr. Horne of Bibb-
House Bill No. 78. A bill to promote the prevention and cure of cancer; to appropriate $100,000.00 annually therefor; and for other purposes.

By Messrs. Houze of Lowndes and Morris of Douglas-
House Bill No. 194. A bill to regulate and prohibit the storage of game birds, deer and all other game animals, and for other purposes.

By Messrs. Parker of Colquitt, Key of Jasper, and Welsch of Cobb-
House Bill No. 506. A bill to provide that the acceptance by non-residents of the rights and privileges conferred by the Georgia laws permitting the operation of motor vehicles upon the highways of this State, and for other purposes.

By Mr. Pound of Hancock-
House Bill No. 532. A bill to create by the State a factory to produce such supplies used by the State and its political sub-divisions as may be successfully manufactured by the blind and persons of sub-standard yision, and for other purposes.

By Messrs. Adams of Franklin and Candler of DeKalb-
House Bill No. 541. A bill to amend Subsection 2 of Section 5, of Act No. 524 of the 1914 General Assembly relating to Fraternal Benefit Societies.

2240

JOURNAL OF THE SENATE,

By Mrs. Coxon of LQng-
House Bill No. 700. A bill to authorize and empower the State Department of Public Welfare to cooperate with the Federal Government in supervising the administration of a program of services for children who are crippled, and for other purposes.

By Mr. Adams of Franklin-
House Bill No. 811. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Messrs. Allison and Tapp of Gwinnett and Pirkle of Forsyth-
House Bill No. 817. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Gary of Quitman-
House Bill No. 821. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Quitman County, and for other purposes.

By Messrs. Bond of Oconee, Preston of Walton, and Almand of Walton-
House Bill No. 837. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

By Mr. Walton of Stewart-
House Bill No. 844. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

WEDNESDAY, MARCH 24, 1937.

2241

The following resolutions of the House, favorably reported by the committees, were read the second time:
By Mr. Zellner of Monroe-
House Resolution No. 57-336b. A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, authorizing the City of Forsyth to pass and enforce zoning and planning laws for said city, and for other purposes.

By Messrs. Harrell and Blease of Brooks-
House Resolution No. 90-456b. A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State, authorizing the City of Quitman in the County of Brooks to pass and enforce zoning and planning laws for said city, and for other purposes.

By Messrs. Bradley of Tattnall, Deal of Bulloch, and Bennett of Ware-
House Resolution No. 216-816a. A resolution to investigate and make recommendations with reference to purchase of the Tattnall County Prison, and for other purposes.
By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 221-832a. A resolution authoriZing the City of Dublin to issue refunding bonds for bonds due and outstanding as of January 1, 1938, and for other purposes.

By Mr. Sanders of Coweta-
House Resolution No. 233. A resolution cancelling the contract between the State of Georgia and the Dixie Terminal Building Company, unless certain erections are made before August 1, 1937, and for other purposes.

2242

JouRNAL oF THE SENATE,

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

By Mr. McNall of Chatham-
House Bill No. 71. A bill to protect the public health by providing rules for the sale of mattresses, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On. the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Harrison of Crawford, Zellner of Monroe, and Taunton of Taylor-
House Bill No. 243. A bill to enable the State Highway Department to effectually carry out and put into effect certain provisions of the amendment to the State Constitution.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Gammage of Terrell, Houston of Worth, Booth of Barrow, and Gross of Stephens-
House Bill No. 545. A bill to amend Code Section 855 (aa) as found in Park's 1914 Annotated Code of Georgia, so as to authorize persons holding office under municipal corporations in Georgia to sell goods to such municipality, and for other purposes.

WEDNESDAY, MARCH 24, 1937.

2243

The report of the committe, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 603. A bill amending Acts creating a Criminal Court of Atlanta, and for other purposes.
The repqrt of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Rawlins of Ben Hill-
House Bill No. 763. A bill to amend the Code of 1933 relating to the election of members of the county Boards of Education in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Peters and McGrawof Meriwether and Douglas of Talbot-
House Bill No. 775. A bill to amend the Highway Mileage Act so as to add a road to the State Aid System, and for other purposes.

2244

JouRNAL oF THE SEN ATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Hampton of Fannin-

House Bill No. 779. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, and for other purposes.

The report of the committee, which was favorab~e to

the passage of the bill, was agreed to.



On the passage of the bill, the ayes were 28, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Brooks and Wages of Jackson and others-
House Bill No. 789. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Moore of Lumpkin and Phillips and Palmour of Hall-
House Bill No. 790. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

WEDNESDAY, MARCH 24, 1937.

2245

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 791. A bill to amend an Act creating the Lula School District in Hall County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Dugas of White-
House Bill No. 792. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Rountree and Flanders of EmanuelHouse Bill No. 793. A bill to amend the Highway
Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.

2246

JOURNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Baggs of Mitchell-
House Bill No. 794. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hand of Mitchell-
House Bill No. 795. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Adams of Franklin-
House Bill No. 801. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, MARCH 24, 1937.

2247

By Mr. Etheridge of Houston-
House Bill No. 802. A bill to create a new charter for the City of Perry, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Phillips and Palmour of Hall-
House Bill No. 804. A bill to create a new charter for the Town of Flowery Branch, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Daves of Dooly-
House Bill No. 824. A bill to amend an Act reducing the Sheriff's bond of Dooly County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Miller of Lanier-
Hause Bill No. 826. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lanier Courity, and for other purposes.

2248

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 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Jackson of HabershamHouse Bill No. 827. A bill to amend the Highway
Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Tapp of GwinnettHouse Bill No. 829. A bill to amend an Act incorporat-
ing the Town of Buford, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Rowland of Johnson and Scruggs of Washington-
House Bill No. 831. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

WEDNESDAY, MARCH 24, 1937.

2249

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Rowland of Johnson and Larsen of LaurensHouse Bill No. 832. A bill to amend the Highway
Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Warnock of MontgomeryHouse Bill No. 842. A bill to amend the Highway
Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage ofthe bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

M.,.. President:
The House has passed by the reqms1te constitutional majority the following bills and/or resolutions of the Senate, to-wit:

2250

JouRNAL oF THE SENATE,

By Senator Shannon of the 21st District-
Senate Resolution No. 29. A resolution relieving M. C. Arnold as surety bond of M. L. Pope~

By Senator Spivey of the 16th District-
Senate Bill No. 157. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.
By Senators Knabb of the 4th District, Patten of the 6th District, and many others-
Senate Bill No. 164. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Senator Forrester of the 44th District-
Senate Bill No. 165. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.
By Senators Thrasher of the 27th District and Almand of the 50th District-
Senate Bill No. 181. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.
By Senator Peterson of the 15th District-
Senate Bill No. 184. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Senators Harrison of the 17th District and Atkinson of the 1st District-
Senate Bill No. 185. A bill to amend the State Highway

WEDNESDAY, MARCH 24, 1937.

2251

Mileage Act by adding a certain road to the State Aid System of Roads.

By Senator Whitehead of the 30.th District-
Senate Bill No. 190. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.
By Senator Shedd of the 3rd District-
Senate Bill No. 197. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Senator Phillips of the 29th District-
Senate Bill No. 202. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Senator Shedd of the 3rd District-
Senate Bill No. 203. A bill to amend t.Lle State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Senators McCutchen of the 43rd District and Hampton of the 41st District-
Senate Bill No. 214. A bill to amend the State Highway Mileage Act by adding a certain road to the State Aid System of Roads.

By Senator Millican of the 35th District-
Senate Bill No. 75. A bill to authorize the Insurance Commissioner to appoint such investigators for the activities and business of Insurance Companies doing business in Georgia as the Commissioner may deem necessary and to pay reasonable compensation.

2252

JouRNAL OF THE SENATE,

The House has adopted the following resolutions of the House, to-wit:

By Messrs. Hand of Mitchell and Houze of Lowndes-
House Resolution No. 246. A resolution to request the Governor in case of any extraordinary session to make the call so as to keep alive all bill~ that have received favorable committee reports in the regular session, and for other purposes.

By Mr. Clary of Columbia-
House Resolution No. 241. A resolution urging the people of Georgia to attend the Livestock Show at Augusta, Georgia, on March 31, 1937, and for other purposes.
The House has passed, as amended, the following bills of the Senate, to-wit:
By Senator Pope of the 7th District-
Senate Bill No. 136. A bill to establish a State Board of Photographic Examiners, providing for the appointment of members thereof, defining the jurisdiction, etc., and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 188. A bill to amend an Act creating the Board of Commissioners of Roads and Revenue for Fulton County, and for other purposes.

By Senator Atkinson of the 1st District-
Senate Bill No. 223. A bill to give to the County Commissioners and ex-officio judges of Chatham County authority to fix, levy and assess taxes and license fees in said county, and giving the authority to enforce payment thereof, and for other purposes.

WEDNESDAY, MARCH 24, 1937.

2253

The House has agreed to the Senate Substitute to the following bill of the House, to-wit:

By Mr. Brooks of Oglethorpe-
House Bill No. 725. A bill to be entitled an Act to amend an Act establishing the City Court of Lexington, and for other purposes.

Mr. President:
The House ha!,> adopted the report of the Conference Committee on the following bills, to-wit:

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 555. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 26. A resolution proposing an amendment to the _Constitution exempting homesteads from ad valorem taxation, and for other purposes.

By Messrs. Almand of Walton, Perry of Worth, and others-
House Bill No. 250. A bill to be entitled an Act to provide for the chartering of .non-profit corporations for hospitalization service, and for other purposes.

Mr. President:
The House has disagreed to the Senate Substitute and amendments to the following bills of the House:

By Messrs. Harris and Lanier of Richmond-
House Bill No. 107. A bill to be entitled an Act to License Chain Stores and Theatres, and for other purposes.

2254

JouRNAL OF THE SENATE,

By Messrs. Pound of Hancock, Musgrove of Clinch, and McCracken of Jefferson-
House Bill No. 321. A bill to be entitled an Act to provide for the levy of a special tax to be known as a maintenance tax on motor vehicles, and for other purposes.

Mr. President:
The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on House Bill No. 321, "A bill to be entitled an Act to regulate the use of the public highways, weight and size of vehicles, using same, and for other purposes," the following members of the House, to-wit:

Messrs. Freeman of Bibb, Chappell of Sumter, and Houston of Worth.

The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on House Bill No. 107, "A bill to be entitled an Act to license chain stores in Georgia," and for other purposes, the following members of the House, to-wit:

Messrs. Harvey of Upson, Lanier of Richmond, and Harrell of Brooks.

The House has passed, as amended, the following bill of the Senate, to-wit:

By Senators Flynt of the 26th District, Pope of the 7th District, Allen of the 31st District, and others-
Senate Bill No. 47. A bill to create the positions of

WEDNESDAY, MARCH 24, 1937.

2255

Chief Justice and Associate Justice Emeritus of the Supreme Court, Court of Appeals of Georgia, and for other purposes.

The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

By Mr. Hastings of Fulton-
House Bill No. 427. A bill to be entitled an Act to be known as the "Alcoholic Beverage Act," and for other purposes.

By Senators Harrison of the 17th District, Jackson of the 14th District, and Phillips of the 29th District-
Senate Bill No. 244. A bill to amend Section 36-202 of the Code of 1933 (Title 36) Chapter 2, to provide the right of eminent domain for the purpose of running pipe lines for the transportation and;or distribution of petroleum products, and for other purposes.
The House has passed, as amended, the following bills of the Senate, to-wit:
By Senators Williams of the 5th District, Atkinson of the 1st District, and others-
Senate Bill No. 17. A bill to be entitled an Act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, etc., and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 35. A bill to be entitled an Act to require dance halls, boxing or wrestling arenas or amusement parks operating in counties over 3,000 population to secure license from county commissioners.
By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 242. A bill to be entitled an Act to

2256

JouRNAL oF THE SENATE,

authorize ctttes, towns, counties, and other public bodies to aid housing projects, and for other purposes.
The House has agreed to the Senate amendments to the following bill of the House, to-wit:

By Mr. Oden of Pierce-
House Bill No. 777. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for Pierce County, and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:

By Messrs. McCutchen of the 43rd District, Atkinson of the 1st District, Williams of the 5th District, and others-

Senate Resolution No. 101. A resolution expressing the appreciation of the General Assembly for what Margaret Mitchell's book, "Gone With the Wind," has meant to the people of Georgia and the South.

Mr. President:
The House has passed the following bills and/or resolutions of the Senate, to-wit:

By Senators Williams of the 5th District, Atkinson of the 1st District, and many others-
Senate Bill No. 8. A bill to be entitled an Act to amend Section 31-110 of Georgia Code of 1933 which provides how dower may be barred, to provide that dower shall be barred by a sale by an administrator, and for other purposes.

By Senator Almand of the 50th District and many othersSenate Bill No. 11. A bill to be entitled an Act to pro-

WEDNESDAY, MARCH 24, 1937.

2257

vide for the filing, recordation and indexing of plats, or blue prints, tracing, etc., and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 26. A bill to be entitled an Act to codify the school law of the State of Georgia in compliance with the provisions 'of the Act entitled" An Act to empower the State Superintendent of Schools, etc., to codify the school laws of the State," and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 29. A bill to be entitled an Act to regulate the business of selling second-hand and used motor vehicles by non-residents or persons who have no place of business, and for other purposes.
By Senator Johnson of the 42nd District-
Senate Bill No. 50. A bill to establish a State Board for the certification of librarians, and for other purposes.

By Senators Brock of the 37th District and Jackson of the 14th District-
Senate Resolution No. 94. A resolution requesting the Board of Regents of the University of Georgia to establish a school of dentistry, and for other purposes.
By Senator Lindsay of the 34th DistrictSenate Bill No. 95. A bill to be entitled an Act to define
contracts of life insurance, etc., and for other purposes.
By Senator Harrell of the 12th DistrictSenate Bill No. 103. A bill to carry into effect Para-
graph 18, Section 1, Article 5, of the Constitution of 1877, to provide for the suspension and removal of the Treasurer or Comptroller General, and for other purposes.

2258

JOURNAL OF THE SENATE,

By Senators McCutchen of the 43rd District, Atkinson of the 1st District, and Almand of the 50th District-
Senate Bill No. 131. A bill to amend an Act to define the status of the Regents of the University System of Georgia, and for other purposes.

By Senator Patten of the 6th District-
Senate Bill No. 174. A bill to amend Title 92-69 of Georgia Code of 1933, and for other purposes.

By Senator Harrison of the 17th District-
Senate Bill No. 195. A bill to amend the banking law as codified in Title 13, of the Code of 1933, by amending that portion of Code Section 13-2015, and for other purposes.

By Senator Patten of the 6th District-
Senate Bill No. 206. A bill to repeal Sections 92-4402 and 92-8301 of the 1933 Code, so as to extend and prescribe a right to redeem property sold under obedience to an execution for collection of taxes, and for other purposes.

By Senators Whitehead of the 30th District and Terrell of the 19th District, and others-
Senate Bill No. 209. A bill concerning the guardianship of incompetent veterans, orphans of deceased veterans, and other incompetent and minor beneficiaries of veterans administration, and for other purposes.

By Senator Neely of the 36th District-
Senate Bill No. 211. A bill to amend an Act by adding to Section 6, Act approved August 17, 1923, the following: "b Plate glass insurance-Against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage thereof."

WEDNESDAY, MARCH 24, 1937.

2259

By Senator Brock of the 37th District-
Senate Bill No. 227. A bill to amend Section 24-4108 of 1933 Code relating to the payment of salaries of the deputy clerk of the Supreme Court out of costs collected, and for other purposes.

Mr. President:
The House has passed, as amended, the following bill of the Senate, ta-wit:

By Senator Millican of the 35th District-
Senate Bill No. 133. A bill to be entitled an Act to amend Chapter 40-19 of the Code of 1933 creating the Supervisor of Purchases within the Executive Department by amending Section 40-1901 changing the amount of salary, and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House:

By Mr. Campbell of NewtonHouse Bill No. 720. A bill to amend the charter of the
City of Covington, and for other purposes.
By Me~srs. Palmour and Phillips of HallHouse Bill No. 822. A bill to be entitled an Act to
amend the charter of the City of Gainesville, and for other purposes.

Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the Senate, to-wit:

2260

JouRNAL oF THE SENATE,

Senate Bill No. 115. A bill to be known as the" Entomology Act of 1937."
The House has adopted the Committee of Conference Report on House Bill No. 341.
House Bill No. 341. A bill to be entitled an Act to amend Chapter 106-3 of the 1933 Code of Georgia, by adding thereto a new section, providing that nothing contained in said chapter shall work any forfeiture of any right of any civil action in the courts of this State, and for other purposes.

By Mr. Simmons of Decatur-
House Bill No. 140. A bill to amend the Income Tax Act of Georgia, and for other purposes.
The committee offered the following amendments to House Bill No. 140:
By striking Section 2 in its entirety from said bill and inserting in lieu thereof the following to be known as Section 2 of said bill:
"A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected, and paid annually, with respect to the entire net income of the taxpayer as hereinafter defined; and upon every non-resident with respect to his entire net income not hereinafter exempted, received by such taxpayer from property owned or from business carried on in this State; computed at the following rates:
On the first $1,000.00 or any part thereof. . . . . . . . . . 1%
On all income in excess of $1,000.00 and not exceeding $3,000.00 or any part thereof. . . . . . . . . . . . . . . . 2%
On all income in excess of $3,000.00 and not exceeding $5,000.00 or any part thereof. . . . . . . . . . . . . . . . 3%

WEDNESDAY, MARCH 24, 1937.

2261

On all income in excess of $5,000.00 and not exceeding $7,000.00 or any part thereof. .............. 4%
On all income in excess of $7,000.00 and not exceeding $10,000.00 or any part thereof. . . . . . . . . . . . . . 5%
On all income in excess of $10,000.00. . . . . . . . . . . . . . 6%
Each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return."
so that said Section 92-3101 of Chapter 92-31 of the Code of Georgia of 1933, as amended, shall read as follows:
That Title 92, Division I, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, be further amended by striking and repealing Section 92-3101 and inserting in lieu thereof the following:
"A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected, and paid annually, with respect to the entire net income of the taxpayer as hereinafter defined; and upon every nonresident with respect to his entire net income not hereinafter exempted, received by such taxpayer from property owned or from business carried on in this State; computed at the following rates:
On the first $1,000.00 or any part thereof .......... 1%
On all income in excess of $1,000.00 and not exceed-"' ing $3,000.00 or any part thereof. . . . . . . . . . . . . . . 2%
On all income in excess of $3,000.00 and not exceeding $5,000.00 or any part thereof. . . . . . . . . . . . . . . 3%
On all income in excess of $5,000.00 and not exceeding $7,000.00 or any part thereof. .............. 4%

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JouRNAL oF THE SENATE,

On all income in excess. of $7,000.00 and not exceeding $10,000.00 or any part thereof. . . . . . . . . . . . . . 5%

On all income in excess of $10,000.00. . . . . . . . . . . . . . 6%

Each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return."
That said bill be further amended by striking from Section 3 the word "six" in the third line and inserting in lieu thereof the word "five"; that said Section 3 be further amended by striking from Subsection (a) thereof in the second line the figures $25.00 and inserting in lieu therepf the figures $10.00 so that said Section 3 as amended shall read as follows:
"92-3102. Rate of Taxation of Corporations. Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to five per cent of the net income from property owned or from business done in Georgia, as is defined in Section 92-3113; Provided, that the amount of the tax shall not be less than would be produced by applying a rate of two per cent to a base consisting of the entire net income, as defined in this title, plus all salaries and other compensation .paid to all elected and appointed officers, and to the stockholder owning in excess of five per cent of the issued capital stock of the corporation or a relative percentum of the capital stock of any other corporation owning or holding the capital stock of such corporation, and after deducting from such base ten thousand dollars ($10,000.00) and the deficit, if any; such tax shall be assessed upon the base provided by this section which shall .produce the greater tax.

"(a) Each and every corporation subject to file a return as provided by this Act shall pay a minimum

WEDNESDAY, MARCH 24, 1937.

2263

tax of $10.00 whether s~ch return shall show any liability for tax on its net income as disclosed in the return."

That said bill he further amended by adding to subparagraph (2) of subsection (c) of Section 4 of said hill thereof the following words "except that a credit of $10.00 shall be allowed only to a fiduciary acting in the capacity of an administrator, executor, trustee or guardian, of the minor child or children of the deceased, also to guardians, trustees, executors and administrators, representing persons who are incompetent"; that Section 3 be further amended by adding to subsection (c) the following paragraphs:

"If the taxable year of a beneficiary is different from that of the estate or trust, the amount which he is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year for the estate or trust ending within this taxable year.

The tax imposed upon a fiduciary shall he a charge against the estate or trust."

so that subsection (c) of Section 4 of said hill when amended shall read as follows:

"(c) The entire net income of resident insolvent or incompetent individuals, whether or not any portion thereof is held for the future use. of the beneficiaries, where the fiduciary has complete charge of such net mcome.

The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual.

If the taxable year of a beneficiary is different from that of the estate or trust, the amount which is required to include in computing his net income shall be based

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JouRNAL oF THE SENATE,

upon the income of the estate or trust for any taxable year for the estate or trust ending within this taxable year.
"The tax imposed upon a fiduciary shall be a charge against the estate or trust."
That said bill be further amended by striking from Section 7 thereof Subsection (7) of Subparagraph (b) in its entirety and inserting in lieu thereof the following:
"Dividends received on stock of Banks and Trust Companies doing a regular commercial banking business."
that Section 7 of said bill be further amended by adding to Subparagraph (b) thereof a new subsection to be known and designated as Subparagraph (8) as follows:
"Salaries, wages and other compensations received from the United States by officials and employees thereof, including persons in the military and naval forces of the United States."
That said bill be further amended by striking from Paragraph (3), Subsection (f) of Section 8 of said bill and inserting in lieu thereof the following:
"(f) A reasonable allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits, and timber, a reasonable allowance for depletion: Provided: that after the cost has been recovered or restored through depreciation previously allowed for either Federal or State Income Tax purposes no further deduction shall be allowed. The amount allowed as a deduction for depreciation or depletion shall in no instance exceed the amount so allowed in a return filed with the Federal Government for the same period."
That said bill be further amended by striking from Section 9 the word "tangible" apearing in the second line of Paragraph (3) of Subsection (a) thereunder and inserting

WEDNESDAY, MARCH 24, 1937.

2265.

in lieu thereof the word" intangible" so that Paragraph (3) of Subsection (a) of Section 9 of said bill when amended shall read as follows:
"Where income is derived principally from the holding and/or sale of intangible property, having a taxable situs in this State, the tax shall be imposed on the entire business income; if a portion of such intangible property has a taxable situs without the State, the portion of the income derived from the holding and/or sale of such property attributable to this State shall be taken to such percentage as the gross receipts from su~h intangible property in this State for the taxable year bear to the total gross receipts from such sources; Provided, that the taxable situs of intangible property held or owned by any domestic corporation or by any foreign corporation whose principal place of business is in Georgia, shall be deemed to be in the State of Georgia, notwithstanding any domicile of any such corporation established elsewhere.''
That said bill be further amended by striking from Section 13 the words and figures" ($500.00) five hundred dollars" wherever they occur and inserting in lieu thereof the words and figures "($1,000.00) one thousand dollars," so that said section when amended shall read as follows:

"92-3205. Information at the Source; Payment of $1,000.00 or more. Every individual, partnership, corporation, association or insurance company, being a resident or having a place of business in this State, including lessees or mortgages of real or personal property, fiduciaries, employers, and all officers and employees of the State or of any political subdivision of the State, having the control, receipt, custody, disposal or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits and income amounting to $1,000.00 or over, paid or

2266

JouRNAL oF THE SENATE,

payable during any year to any taxpayer, shall make complete returns thereof under oath to the State Revenue Commission, under such regulations and in such form and manner and to such extent as may be prescribed by the Commission; and unless such income is so reported, the Commission may disallow such payments as deductions or credits in computing the tax of the payer."

Senator Harrell of the 12th District offered the following amendment to House Bill No. 140:
To amend by adding at end of Paragraph (d) of Section 6 the following after the words " 18 years of age" the words "or dependent females, or dependent brother or father who is aged or infirm."

Senator Millican of the 35th District offered the following amendment to House Bill No. 140:
To amend Section 6, Title 92-3106, by adding in Subsection H after the word" individual" the following:" except that an exemption of $1,000.00 shall be allowed only to a fiduciary acting in the capacity of an administrator, executor, trustee or guardian, of the minor child or children of the deceased, also to guardians, trustees, executors, and administrators, representing persons who are incompetent."

Senator Pope of the 7th District offered the following amendment to House Bill No. 140:
To amend by adding after the word" tax" where it first appears in Section 8 thereof the following:
"and be further amended by striking in Paragraph (c) of said Section 92-3109 the words' and Federal' where they appear after the word' State' and inserting the words' State and Federal' before the word' estate.' "
To further amend by striking the words "and Federal" where they appear in Paragraph (c) of Section 8 and in-

WEDNESDAY, MARCH 24, 1937.

2267

serting the words" State and Federal" in said section before the word "estate."
The amendments to House Bill No. 140 were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 31, the nays 2.
The bill having received the requisite constitutional majority was passed, as amended.

Senator Millican of the 35th District asked un'animous consent that House Bill No. 140 be immediately transmitted to the House and the consent was granted.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 805. A bill to amend the charter of the City of Dublin, and for other purposes.

Mr. Spivey of Emanuel amends House Bill No. 805 providing for a new charter for the City of Dublin by the following manner:
1. That wherever the word "Council" appear in this Act that the same is hereby amended by striking the same and inserting in lieu thereof the word "Aldermen"
2. That wherever the words "sheriff's advertisements for Laurens County" appear in said Act that the same is hereby amended by striking the same and inserting in lieu thereof the words "official gazette of said City of Dublin"
3. That said Act is hereby amended by striking on page six (6) lines 27, 28, 29, 30, 31, 32, and on page seven (7) lines 1, 2, 3, 4,

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JouRNAL OF THE SENATE,

4. That said Act is hereby amended by striking on page seventeen (17) that part of lines 27 and 28 which provides as follows: "No person shall serve as Mayor of Dublin for more than two consecutive terms." So said Act, lines 26, 27, 28, 29, 30, 31, when amended shall read as follows: "The term of the office of mayor shall be two years, and until his successor is elected and qualified. He shall sign all deeds and contracts except deeds made for property sold at public sale under execution, which shall be signed by the marshal or deputy marshal, and approve all vouchers for the payment of money."
5. That said Act is hereby amended by striking on page eighteen (18) that part of lines 20 and 21 and the words therein $750.00 in line 20 and $600.00 in line 21 and substituting in lieu thereof the words $400.00 in line 20, and 21.
6. That said Act is hereby amended by striking on page eighteen (18) that part of lines 4 and 6, and the words July therein and substituting in lieu thereof the words "Decemher" in lines 4, and 6,
7. That said Act is hereby amended by striking on page twelve (12) that part of lines 4, and 7, the words" July" therein and substituting in lieu thereof the words" December" in lines 4, and 7.
8. That said Act is hereby amended by striking wherever they appear in this Act the words "July" and inserting in lieu thereof the words" December."
9. That said Act is hereby amended by striking on page twelve (12) that part of line 26 the word "twenty-one (21)" and inserting in lieu thereof the word" twenty-five (25)."
10. That said Act is hereby amended by striking on page thirteen (13) that part of lines 24, 25 the words therein "one" and inserting in lieu thereof the words

WEDNESDAY, MARCH 24, 1937.

2269

"both" also that part of lines 26, 27, and 28 the words "of the Superior Court of Laurens County. The other list of voters and tally sheets shall be filed by the managers with the clerk." Also that part of lines 30, 31, 32, and 33 the words "The clerk of said Superior Court and the city clerk, after the expiration of 60 days from the time of said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending."
11. That said Act is hereby amended by striking on page fifteen (15) in lines 20, 21, and 22 the following words "and deliver said book to the mayor, who shall, with the advice and consent of the board of aldermen appoint some person or persons, not exceeding three in number as registrar or registrars" and inserting in lieu thereof the words "the city clerk shall for all intents and purposes of this Act be the registrar."
12. That said Act is hereby amended by numbering the sections on pages 6, 7, 8, 9, and 10, consecutively, as follows:
Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21.
13. That said Act is hereby amended by renumbering the sections on page 21 as follows:
By striking the figures 29 and 30 and substituting in lieu thereof Section 28 and Section 29.
14. That said Act is hereby amended by striking the words "Ten Thousand Dollars" on page 33, in line 3 and inserting in lieu thereof the words "Five Thousand Dollars."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.

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JouRNAL OF THE SENATE,

On the passage of the bill, as amended, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent, the following bills of the House were withdrawn from committees, read a second time and recommitted to the Committee on General Judiciary No. 1:

By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton-
House Bill No. 91. A bill to amend Section 105-1306 of the 1933 Code providing for recovery for homicide of wife or mother, and for other purposes.

By Messrs. Culpepper of Fayette and McGraw of Meriwether-
House Bill No. 318. A bill to repeal Section 24-2628 of the 1933 Code, relating to a convention of judges to recommend rules of practice to the General Assembly of Georgia, and for other purposes.

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 800. A bill to repeal an Act amending Section 808 of the Penal Code of Georgia of 1910 and the corresponding Code Section of the 1933 Code, relating to appointment of criminal bailiffs in certain counties, and for other purposes.

The following report of the Conference Committee was submitted, read and adopted:

Mr. President:

March 24, 1937.

Mr. Speaker:

Your Conference Committee, appointed to consider the

WEDNESDAY, MARCH 24, 1937.

2271

Senate Substitute for House Bill No. 555, has agreed upon the following and so recommends:
That the Senate recede from its position in including Section 6 (six) in the substitute and that the said Section 6 (six) be stricken in its entirety.
On the part of the Senate:
MILLICAN of the 35th District,
HAMPTON of the 41st District,
McCuTCHEN of the 43rd District.

On the part of the House: HASTINGS of Fulton, KENDRICK of Fulton, MANKIN of Fulton.

The following Conference Committee report was submitted, read and adopted:
The conferees of the Senate and the conferees of the House have agreed as to House Bill No. 26 as follows:
(1) That the House recede from its position on Section 1 of House Bill No. 26.
(2) That the Senate recede from its position on its Senate amendments.
(3) :rhat both the House and Senate agree to adopt the following:
(a) Striking the second and third paragraphs of Section ~ of House Bill No. 26 and adding in lieu. thereof the followmg:
"Beginning January 1, 1.938, there shall be exempted from all ad valorem taxation for State, County and School pur-

2272

JouRNAL oF THE SENATE,

poses the homestead of each resident of this State actually occupied by the owner as a residence and homestead, to the value of $2,000.00, and only so long as actually occupied by the owner primarily as such, with the exception of taxation to pay interest on and retire bonded indebtedness. Such value to be determined in such manner and according to such rules and regulations as may be prescribed by law.

That the General Assembly may from time to time, as the condition of fiscal affairs of the State, Counties, or Schools may warrant, lower said exemption to not less than $1,250.00.,
Conferees on the part of the Senate: PATTEN of the 6th District,
Chairman.
ATKINSON of the 1st District,
PuRDOM of the 46th District.

Conferees on the part of the House: LANIER of Richmond, Chairman. DEAL of Bulloch.

The following report by the Enrolling Committee of the House was filed:
Whereas, the Enrolling Committee of the House and/or the Enrolling or Engrossing Committee of the Senate have found in checking House Resolution No. 26 relating to home exemptions, that the Committee on Conference of both House and Senate did recommend a Homestead exemption of two thousand dollars ($2,000), and did further recommend that the General Assembly have authority to

WEDNESDAY, MARCH 24, 1937.

2273

lower said exemption to not less than twelve hundred fifty

dollars ($1,250), said report being adopted by the General

Assembly, and



Whereas, the caption to the original resolution provided a homestead exemption not exceeding twenty-five hundred dollars ($2,500) in value, and

Whereas, the Conference Committee of both House and Senate in making said recommendation failed to make any recommendation to change the caption of said resolution to conform to the exemption actually recommended by them for the body of the bill, and

The undersigned committee desiring only to carry out the purpose and intent as expressed in the body of s~id resolution as adopted, have instructed the clerk to change the caption of said resolution to conform to the purpose, intent, and meaning of the body of said resolution by changing the figures twenty-five hundred dollars ($2,500) as same appears in the caption, to the figures two thousand dollars ($2,000), and to further amend said caption so as to provide for a homestead exemption of not less than twelve hundred fifty dollars ($1,250) which may be fixed by the General Assembly and as contained in the recommendation of the Conference Committe~'s report which was adopted by the General Assembly.

Respectfully submitted, March 29, 1937.

Members of House Committee:

GROOVER ofTroup,

Chairman,

BENNE'IT of Ware,

LEONARD of Muscogee.

By Mr. Dampier of LaurensHouse Bill No. 205. A bill to repeal Section One of an

2274

JouRNAL OF THE SENATE,

Act to amend an Act creating a Board of County Commissioners of Laurens County, and for other purposes.

The following communication from the Law Department was read:

HaN. JoHN B. SPIVEY, Senator Sixteenth District, Senate Chamber, Atlanta, Georgia.

March 24, 1937.

My dear Mr. Senator:

In Re: House Bill No. 205

Hurriedly answering your inquiry of recent date as to the constitutionality of this bill, beg to advise as follows:

The bill provides for the election of County Commissioners from certain designated road districts and not from the county at large. County Commissioners are county officers. The general law provides that all county officers must be elected from the county at large by the qualified voters thereof.

Provision could be made by the party authorities for the nomination of the Board of County Commissioners from their respective districts. This would be a matter of party control and not one of law. The bill in its present shape is clearly unconstitutional.

I regret that in the rush I have not been able to cite authorities. There is no question whatever about the correctness of the conclusions stated.

Yours sincerely,

J. M.

YEOMANS,

Attorney General.

WEDNESDAY, MARCH 24, 1937.

2275

The report of the committee, which was favorable to the the passage of House Bill No. 205, was disagreed to.

By Messrs. Harrell and Blease of BrooksHouse Resolution No. 89.

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 3, Section 7 of the Constitution of said State, by adding thereto an additional paragraph numbered 26, which shall authorize the General Assembly of said State to grant to the governing authorities of any city or county in this State having a population of 1,000 or more according to the 1930 Federal census or any future census, authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvements of real estate therein. The General Assembly is given general authority to authorize said municipalities to pass zoning and planning laws.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article 3, Section 7, of the Constitution of Georgia be amended by adding thereto the following paragraph to be numbered Paragraph 26, to-wit: Paragraph 26.-The General Assembly of the State shall have the authority to grant to the governing authorities of any city or county in this State having a population of 1,000 or more, according to the Federal Census of 1930 or any such future census, the authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein.

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JOURNAL OF THE SENATE,

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by twothirds vote of the members elected to each House it shall be entered upon the journal 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 prior to the time for holding the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Article 3, Section 7, by adding Paragraph 26, authorizing the legislature to grant to the governing authorities of any city or county in this State having a population of 1,000 or more according to the Federal Census of 1930 or any such future census the authority to pass zoning and planning laws," and all persons opposed to the addition of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Article 3, Section 7, by adding Paragraph 26, authorizing the legislature to grant to the governing authorities of any city or county in this State having a population of 1,000 or more according to the Federal Census of 1930 or any such future census, the authority to pass zoning and planning laws," and if a majority of the said electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for the ratification thereof when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 3, Section 7, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

WEDNESDAY, MARCH 24, 1937.

2277

Those voting in the affirmative were Senators:

Allen Atkinson Atwood Aultman Brock Burgin Burrell Chason Flynt
Forrester Fowler Greer Griner Hampton Hardman

Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Peebles

Peterson Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 45, the nays 0.

The resolution having received the requisite two-thirds constitutional majority was adopted.

Not voting were: Senators Almand of the 50th District, Clements of the 9th District, Ennis of the 20th District, Neely of the 36th District, and Patten of the 6th District.

By Messrs. Durden and Sabados of DoughertyHouse Bill No. 594.

AN ACT
To amend Paragraph One of Section Seven of Article Seven of the Constitution of the State of Georgia, as now amended, so as to provide for allowing the City of Albany, Georgia, to increase its bonded indebtedness, in addition to, and separate from, the amount of debts heretofore allowed under said paragraph, under certain circumstances, for the purpose of purchasing, erecting, building, repairing and/or maintaining a waterworks system.

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JouRNAL OF THE SENATE,

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph 1 of Section 7 of Article 7 of the Constitution of the State of Georgia, as now amended, is hereby further amended by adding at the end of said paragraph the following, to-wit:

Except that the City of Albany, Georgia, from time to time as necessary for the purpose of purchasing, erecting, building, repairing, constructing and/or maintaining (either, any or all of them) a waterworks system, including all necessary pipe lines, pumping stations, reservoirs, or anything else that may be necessary, convenient or proper for the building, constructing, repairing, maintaining and/or operating a waterworks system for the City of Albany, may incur a bonded indebtedness, in addition tb and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of Four Hundred Thousand ($400,000.00) Dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city voting at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Albany. Provided said two-thirds so voting shall be a majority of the registered voters.

So that said paragraph of the Constitution, when amended,

shall read as follows, to-wit:



Paragraph 1. The debt hereafter incurred by any county, municipal corporation or political division of this State except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the

WEDNESDAY, MARCH 24, 1937.

2279

assent of two-thirds of the qualified voters thereof, voting at an election for that purpose to be held as prescribed by law: Provided, said two-thirds so voting shall be a majority of the registered voters, and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any '!md all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1918, shall not be affected hereby. But any city the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution may be authorized by law to increase at any. time the amount of said debt three per centum upon such assessed valuation; except that the City of Augusta, from time to time, as necessary for the purpose of protection against flood, may incur a bonded indebtedness upon its power-producting canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city at an election or elections for that purpose to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by said City Council of Augusta. Except that the City of West Point, from time to time as may be necessary for the purpose of protection against floods, may incur a bonded indebtedness in addition to and

2280

JouRNAL OF THE SENATE,

separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of seven hundred and fifty thousand dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city at an election or elections to be held as may now or hereafter be prescribed by law for the incurring of new debts by said City of West Point. Except that the City of LaGrange, from time to time as necessary for the purpose of repairing, purchasing or constructing waterworks system, including all necessary pipe-line~ pumpingstations, reservoirs, or anything else that may be necessary for the building, or consttucting or operating a waterworks system for the City of LaGrange, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of five hundred thousand ($500,000.00) dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city at an election or elections to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by said City of LaGra11ge. Except that the City of Cornelia, from time to time as necessary for the purpose of repairing, purchasing, or constructing a waterworks system for the City of Cornelia, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of two hundred and fifty thousand dollars ($250,000.00), and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city at an election or elections to be held as may now or hereafter be prescribed by law for the incurring of new debts by said City of Cornelia. The city authorities of the City of Cornelia shall set aside and designate each year all of the net revenue derived from the operation of its waterworks system, when constructed under the provisions of this Act, for the purpose of paying the interest

WEDNESDAY, MARCH 24, 1937.

2281

and retiring its bonded indebtedness incurred under this Act. Except that the City of Albany, .Georgia, from time to time as necessary for the purpose of purchasing, erecting, building, repairing, constructing and/or maintaining (either, any or all of them) a waterworks system, including all necessary pipe-lines, pumping stations, reservoirs, or anything else that may be necessary, convenient or proper for the building, constructing, repairing, maintaining and/or operating a waterworks system for the City of Albany, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of Four Hundred Thousand ($400,000.00) Dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city voting at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Albany. Provided said two-thirds so voting shall be a majority of the registered voters.

Section 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State for a period of two months next preceding the time of holding the next general election.

Section 3. Be it further enacted by the authority- aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State. at the next general election to be held after publication as provided for in the second section of this Act, in the several election districts of this State, at which-election every person

2282

JouRNAL oF THE SENATE,

shall be qualified to vote who is now entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots, "For amendment allowing City of Albany to increase its bonded indebtedness for waterworks system," and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words, "Against the amendment allowing the City of Albany to increase its bonded indebtedness for waterworks system."

Section 4. Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Paragraph 1, of Section 1, of Article 13, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of the State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily newspapers of this State, announcing such results and declaring the amendment ratified.

Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

WEDNESDAY, MARCH 24, 1937.

2283

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Ennis Flynt
Forrester Fowler Greer Hardman

Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McKenzie Millican Moye Neely

Patten Peebles Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 43, the nays 0.

The bill having received the requisite twa-thirds constitutional majority was passed.

Not voting were: Senators Clements of the 9th District, Griner of the 45th District, Hampton of the 41st District, McCutchen of the 43rd District, Peterson of the 15th District, and Phillips of the 29th District.

By Mr. Oden of Pierce-
House Bill No. 777. A bill to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce, and for other purposes.
Senator Purdom of the 46th District moves to amend House Bill No. 777 in the following particulars:
(1) By striking therefrom Section 2 in its entirety and by substituting in lieu thereof the following language to be known as Section 2 of House Bill No. 777:

2284

JouRNAL OF THE SENATE,

"L. J. Cason is hereby appointed, constituted, and named as a member of the Board of Commissioners of Roads and Revenues of Pierce County, and his term of office shall expire January 1, 1939. He shall hold office until his successor is elected and duly qualified. L. J. Cason is hereby constituted Chairman of the Board of Commissioners of Roads and Revenues for the County of Pierce for and during a term expiring January 1, 1939. Thomas E. Oden and Roma Thomas are hereby appointed and made members of the said Board and shall hold office until their successors are elected and duly qualified. Within thirty days from and after the passage and approval of this Act, it shall be the duty of the Ordinary of Pierce County to call a special election, which said special election shall be held within sixty days after the approval of this Act. At said special election two members of the Board of Commissioners of Roads and Revenues for Pierce County shall be elected
for terms of office concurrent with that ofL. J. Cason, to-wit;
until January 1, 1939. Members of the Board of Commissioners shall be elected thereafter at the regular general election for county officers to be held in said county in 1938 for four year terms to begin January 1, 1939."

(2) By amending Section 5 of House Bill No. 777 by adding thereto the following language:
"Each of the other two Commissioners shall, before entering upon the discharge of the duties of their offices, give bond with a surety company licensed to do business in this State, approved by the ordinary of said county, in the sum of $5,000.00, payable to the Ordinary of Pierce County and his successors in office, and conditioned upon the faithful discharge of the duties of the county commissioners. The premiums for the said surety bonds required in this section shall be paid by the County of Pierce out of the County Treasury."

(3) By striking Section 7 m its entirety from House

WEDNESDAY, MARCH 24, 1937.

2285

Bill No. 777, and by substituting in lieu thereof the following language to be known as Section 7:
"The compensation of the Chairman of said Board shall be $2,400.00 per year, payable monthly, and he shall be allowed mileage at the rate of 5 per mile for each mile traveled in going from place to place in the county to discharge the duties imposed upon him by this Act. Such mileage shall be paid only upon the itemized voucher of the Chairman duly approved in writing by the other two members of the Board. The Chairman of the Commission shall file such itemized vouchers for mileage and for compensation on the first day of each month, and the same shall be recorded on the minute book in his office.'.'
(4) By striking Section 8 in its entirety from House Bill No. 777 and by substituting therefor the following language to be known as Section 8:
"The members of the Board, other than the Chairman, shall receive as their full compensation the sum of $6.00 per diem for each day engaged upon the duties of their office as County Commissioners of Pierce County, and 5 per mile for each mile traveled in going from place to place in the county to discharge the duties of their office. Such mileage charges shall be paid only upon the itemized vouchers of the members, duly approved in writing by the Chairman of the Board and the other members thereof. Each member of the Board shall file such itemized vouchers for mileage, and for per diem c'ompensation, on the first day of each month, and the same shall be recorded in the minute book of the county commissioners.''
(5) By striking from Section 9 of House Bill No. 777 the amount "$50.00" where the same appears in said section, and by substituting in lieu thereof the amount" $75.00."

(6) By striking from House Bill No. 777 Section 10 thereof and by substituting in lieu thereof a new section to be known as Section 10, to read as follows:

2286

JouRNAL OF THE SENATE,

"The Board shall hold regular meetings on the first Tuesday in each month, and at such other times as said Board may fix, for the transaction of the business of the county. Two members of said Board shall constitute a quorum for the transaction of business, and the vote of each Commissioner shall have equal weight and dignity as that of the Chairman, or any other member. A majority of the Board present at a meeting must concur in order to pass any order or resolution or let any contract, or grant or allow any claim against the county, and their acts on all such matters must be duly entered on the minutes of the Board in order to be valid. At the expiration of the term of L. J. Cason, as Chairman of the said Board, a new Chairman shall be elected at the general election in 1938, to take office January 1, 1939. At said election, and thereafter at all subsequent elections, the candidates shall signify or designate whether they are candidates for office of the Chairman or candidates for a place on the Commission as Board members. The candidate who has signified his intention to become a candidate for office of Chairman of the County Commissioners receiving the highest number of votes shall be elected Chairman of the said Board of Commissioners. The two candidates who have signified their intentions of being candidates for Board members receiving the highest number of votes shall be elected members of the Board of Commissioners of Roads and Revenues of Pierce County."
(7) By striking from House Bill No. 777 Section 14 in its entirety, and by substituting in lieu thereof a new section to read as follows:
"It shall be unlawful for the Board of Commissioners, or any member thereof, or the Chairman, to have any financial interest in the sale or purchase of any articles to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract for said county, and if any Commissioner shall violate any

WEDNESDAY, MARCH 24, 1937.

2287

provision of this section he shall be guilty of a misdemeanor, and upon conviction shall be punished for such in the manner prescribed by law, and he shall immediately forfeit his office, and such conviction shall create a vacancy in said office, which said vacancy shall be filled as provided in Section 3 of this Act. The Chairman of the County Commissioners is hereby given authority, in the event of an emergency, to purchase supplies for the county in an amount not to exceed $500.00."

(8) By striking from House Bill No. 777 Section 16 thereof in its entirety and by substituting in lieu thereof the following, language:
"The Board of Commissioners of Roads and Revenues of Pierce County is hereby given authority to employ in its discretion an auditor to audit all books, accounts, vouchers, warrants, and other records of the Board."
(9) By amending the numbering of all sections in House Bill No. 777 so that the sections shall be consecutively numbered.
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mr. Oden of Pierce-
House Bill No. 778. A bill tb repeal the Act creating the Board of Commissioners of Roads and Revenues for the County of Pierce, and for other purposes.

2288

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senate Bill No. 136, known as the Photographers Act, was taken up for the purpose of considering the following House amendments thereto:
By Mr. Hill of Screven-
To amend by placing the following at the end of Article 1, Section 1, (b) :
"On and after June 30, 1937, all forms of coupon and/or certificate selling or soliciting by agents or employees for photographs or any photographic products is hereby prohibited."
By Mr. Harrell of Brooks-
To amend by adding another subdivision at the end of Article 1, Section 1 to be known as Subdivision C as follows:
"That for the purposes of this Act the term 'itinerant non-resident photographer' is defined to be any person, firm or corporation, engaged in the business of going into and about the city or county soliciting orders through the sale of coupons, or otherwise, for portrait photographic work, enlargements or portraits, and tinted portraits, whether in water colors or in oils, and not having within this State a permanently established and bona fide place of business of at least one year standing before applying for the license permit to do business."
By Messrs. Harrell of Brooks and Bennett of Ware-
To further amend by striking Section Two of Article 2 in its entirety and inserting a new section Numbered 2, to read as follows:

WEDNESDAY, MARCH 24, 1937.

2289

"The members of the State Board of Photographer Examiners shall annually elect one of their members to act as Chairman. The Joint Secretary, State Examining Boards, shall act as Secretary to this board. He shall keep an accurate record of all the proceedings of the board and shall collect and disburse the fees, provided for in this Act, upon approval by the President of the Board.

By Mr. Hill of Screven-
To further amend by striking the words "five and onehalf inches" in line four, Section Four of Article Four, and inserting in lieu thereof the following words:
"two and one-half inches"
To further amend by striking all words in Article Five, Section One, line eleven, beginning with the following words: "Provided all fines paid for violation of this Act or bail forfeitures collected for appearance given by virtue of any process issued from any of the courts of this State shall be paid one-half to the treasurer of the county where such process was issued for the general fund of such county and one-half to the State Treasurer to be by him deposited .to the credit of the general funds of the State."
To further amend by striking all of Article Ten, Section One, and inserting in lieu thereof the following words:
"This Act shall not apply to those photographers whose product is retailed at a unit price not exceeding ten cents per picture, where the picture is taken, developed, and delivered on a public street or highway."

By Mr. Harrell of Brooks-
To amend Article 5, Section 1, in line 7 thereof, after the word "offense," by striking all of the remainder of said section so that the s.ame, shall read as follows:

2290

JouRNAL OF THE SENATE,

"Section 1. Any person violating any of the provisions of this Act, or engaged in any of the activities or practices herein defined without being duly licensed as herein provided, shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed by Section 27-2506 of the Code of Georgia of 1933."

The Senate agreed to the House amendments to Senate Bill No. 136.
Senate Bill No. 188, a local bill affecting Fulton County, was taken up for the purpose of considering the following House amendment thereto:

By Mrs. Mankin of Fulton-
To amend by striking the words "one-fourth" in line one of the second paragraph of Section 1, and inserting in lieu thereof the words "thirty-five per cent" so that when amended the first line of Paragraph 2, of Section 1 shall read as follows:
"When a petition signed by thirty-five per cent of the qualified voters of Fulton,"-etc.
The Senate agreed to the House amendment to Senate Bill No. 188.
Senate Bill No. 223, a local bill affecting Chatham County, was taken up for the purpose of considering the following House amendment thereto:
The following amendment to Senate Bill No. 223 was read and adopted:

By Messrs. Grayson, Cohen, and MeNall of Chatham-
To amend by striking Section 1, and inserting in lieu thereof, the following:

WEDNESDAY, MARCH 24, 1937.

2291

"Section 1. Be it enacted that in addition to the ad valorem tax on real estate and personal property or other taxes and licenses allowed or required by the Constitution or laws of the State, the County Commissioners and exofficio Judges of Chatham County shall have the authority to fix, levy and assess such taxes and license fees on the inhabitants of said county on those who transact or offer to transact business therein as such county authorities may deem expedient for the safety, benefit, convenience and advantage of such county, and may enforce payment of such license fees and taxes in such manner as the said county authorities may prescribe, and such tax shall be levied only without the limits of any incorporated town or city in said county."
The Senate agreed to the House amendment to Senate Bill No. 223.
The Senate insisted upon its position on House Bill No. 107, known as the Chain Store Tax Act, and requested the appointment of a Conference Committee.
The President appointed as a Conference Committee on the part of the Senate the following:

Senators Jackson of the 14th District,
Millican of the 35th District, and
Purdom of the 46th District.
The Senate insisted upon its position on House Bill No. 321, known as the Maintenance Tax Act, and requested the appointment of a Conference Committee. '
The President appointed as a Conference Committee on the part of the Senate the following:

Senators Purdom of the 46th District, . Pope of the 7th District, and Millican of the 35th District.

2292

JouRNAL oF THE SENATE,

The following resolution of the House was read and adopted:
By Mr. Clary of Columbia-
House Resolution No. 241. A resolution commending the Twin States Live Stock Association and urging a large attendance at the Augusta Live Stock Show, March 31, 1937.
The hour of 1:00 o'clock, P. M., having arrived the President announced that the Senate stood recessed until 2:00 o'clock, P.M.
The hour of 2:00 o'clock, P.M., having arrived the President called the Senate to order.

The following resolution of the House was read:
By Messrs. Hand of Mitchell and Houze of Lowndes-
House Resolution No. 246. A resolution requesting the Governor in case of an extraordinary session to make the call so as to keep alive all bills that have received favorable committee reports in the regular session, and for other purposes.

Senator Flvnt of the 26th District moved that House Resolution N~. 246 be tabled, and the motion prevailed.

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

Mr. President:
The House has agreed to the Senate Substitute to the following bill of the House:

By Messrs. Candler, Sams, and Turner of DeKalbHouse Bill No. 607. A bill to provide for licensing of

WEDNESDAY, MARCH 24, 1937.

2293

dance halls, swimming pools, tourist camps, boxing or wrestling arenas, etc., for money or profit outside thelimits of incorporated towns or cities in counties having a certain population, and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:

By Messrs. Candler of DeKalb and Freeman of Bibb-
House Bill No. 633. A bill' to be entitled an Act to amend an Act approved August 19, 1913, establishing the Georgia Training School for Girls and the Acts amendatory thereof by locating a division thereof in Bibb County, and for other purposes.

By Messrs. Allison and Tapp of Gwinnett-
House Bill No. 731. A bill to establish the City Court of Gwinnett County, and for other purposes.

By Messrs. Bennett and Spence of Ware-
House Bill No. 813. A bill to amend an Act to amend the charter of the City of Waycross, by providing that the terms of M. M. Moore and Everett Beaton as City Commissioners shall expire January 1, 1938, and for other purposes.
The House has adopted the following resolution of the House, to-wit:

By Messrs. Tate of Pickens and Lanham of Floyd-
House Resolution No. 247. A resolution approving and commending the work of the Sunshine Health Center of Gordon County on behalf of the underprivileged children of Georgia.
The House has adopted the Commi tltee -of Conference report on House Bill No. 250, Group Hospitalization.

2294

JouRNAL oF THE SENATE,

The House disagrees to the Senate amendments to the following bill of the House, to-wit:

By Mr. Simmons of Decatur-
House Bill No. 140. A bill to be entitled an Act to amend the income tax and revenue laws, and for other purposes.

The following Conference Committee report was submitted and read:

Mr. Speaker:

Mr. President:
Your Committee on Conference on the part of the House and Qn the part of the Senate on House Bill No. 427 has met and reports that the Conference Committee on the part of the House and on the part of the Senate are in complete accord and agreement and recommend as follows:
(1) That the Senate recede from its position on the first Senate Amendment. This amendment being taken care of in the second Senate amendment.
(2) That the House recede from its position on the second Senate amendment.
(3) That the Senate recede from its position on the third Senate amendment.
'(4) That the Senate recede from its position on the fourth Senate amendment.
(5) The Senate recedes from its pos1t10n on the fifth and sixth Senate amendments. These being taken care of in the 22nd paragraph hereof.
(6) The Senate recedes from its position on the seventh Senate amendment.

WEDNESDAY, MARCH 24, 1937.

2295

(7) The House recedes from its position on the eighth Senate amendment.

(8) The Senate recedes from its position on the ninth Senate amendment.

(9) The House recedes from its position on the tenth Senate amendment.

(10) The Senate recedes from its position on theeleventh Senate amendment.

(11) The Senate recedes from its position on the twelfth Senate amendment.

(12) The House recedes from its position on the thirteenth Senate amendment.

(13) The Senate recedes from its position on the fourteenth Senate amendment.

(14) The Senate recedes from its position on the fifteenth Senate amendment.

(15) The House and Senate both recede from their position on the sixteenth Senate amendment and recommend that Section 11 of the substitute bill be amended by striking in line two the word "ten" and inserting in lieu thereof the word" fifteen."

(16) The House recedes from its position on the seven-

teenth Senate amendment as to "Sundays and

election days," and the Senate recedes from its

position as to "holidays" so that Section 13 of the

House Bill when so amended shall read as follows:

"Any person who shall sell or offer for sale any

spirituous liquors as herein defined on Sundays and

election days shall be guilty of a misdemeanor and

upon conviction shall be punished as for a misde-

meanor."



(17) The House recedes from its position on the Eighteenth Senate amendment.

2296

JouRNAL OF THE SENATE,

(18) The House recedes from its position on the nineteenth Senate amendment and both the House and Senate recommend that the 6th and 7th paragraphs of the nineteenth Senate amendment be redrafted so as to read as follows:
Provided that, when it shall appear from the evidence to the satisfaction of the court that the owner or lienor of such vehicle was ignorant of the illegal use to which the same was put and that such illegal use was without his connivance or consent, express or implied, the court shall relieve said owner or lienor from the forfeiture herein provided. Provided, that such owner shall not be relieved of such forfeiture unless it be shown that, prior to the seizure, he has registered said vehicle with the State Motor Vehicle Department as required by law, and such registration must show his true name and address. Provided further, that no such lienor shall be relieved of said forfeiture unless prior to the time of seizure of such vehicle, duly recorded in the office of the Superior Court in the county in which lienee resided, the instrument creating such lien. All tires, batteries, and other equipment on or about any such vehicle shall be considered a part of such vehicle.
If no defense is filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, and the court shall pass an order directing the sale of the property and the distribution of the proceeds as provided by law, after such advertisement as the court may direct. If any defense is filed, and allowed by the court, the case shall proceed as other civil cases in said court. Upon the trial of any such case, the burden shall be upon the defendant to prove that he was free from knowledge of the illegal use, connivance therein.

WEDNESDAY, MARCH 24, 1937.

2297

Should it appear upon the trial that such vehicle is subject to forfeiture, the court shall order the same sold at public outcry by the 'sheriff of the county in which seizure was made after such advertisement as the court may direct. The proceeds arising from the sale shall be applied as follows:
1. To the payment of expenses incurred in the seizure, storage and care of the property.
2. To the payment of the court costs.
3. One-third of the remainder to the officer making the seizure and furnishing the proof.
4. The remainder, if any, shall be paid into the county treasury and become the property of such county."
(19) The House and Senate recommend that the bond of wholesalers be raised from $5,000.00 to $10,000.00 and that the twentieth Senate amendment be redrafted so as to read as follows: That a new section be added to the bill to be numbered Section 17 (a) and to read as follows:
"Section 17 (a) Before any license is granted applicant must file with the Revenue Commission corporate surety bond in a surety company licensed to do business in the State of Georgia conditioned to pay all taxes due the State of Georgia in amounts as follows:
Distillers-ten ~housand ($10,000.00) dollars; Wholesalers-ten thousand ($10,000.00) dollars; said bond to be approved by the Revenue Commission and shall be executed on such forms as may be prescribed by said Commission."
(20) The House recedesfrom its position on the twentyfirst Senate amendment.

2298

JoURNAL OF THE SENATE,

(21) The Senate recedes from its position on the twentysecond Senate amendment, this being taken care of in the next paragraph hereof.

(22) Your Committee on Conference further recommends that in view of the fact that the Senate has receded from its position on Senate amendments five, six, and twenty-two that the House and Senate adopt in lieu of the provisions contained in said amendments a new section to be known as Subsection (a) of Section 20 as follows:

"Provided, that the governing authorities of any county shall refuse a retail dealer's license for the sale of intoxicating liquors outside the corporate limits of any town or city located within the confines of said county where a majority of the residents of the locality in which the applicant for license proposes to operate, file objection to the granting of such license, any provision of this Act to the contrary notwithstanding."

Respectfully submitted, March 24, 1937,

On the part of the Senate: ATKINSON of the 1st District, PoPE of the 7th District, LINDSAY of the 34th District.

On the part of the House: GRAYSON of Chatham, CARMICHAEL of Cobb, BREWTON of Evans.

WEDNESDAY, MARCH 24, 1937.

2299

Senator Ennis of the 20th District moved that the report of the Conference Committee on House Bill No. 427 be adopted.
On the adoption of the report, Senator Burgin of the 42th District moved the previous question, and the call was sustained.

Senator Harrison of the 17th District called for the ayes and nays on the motion by Senator Ennis, and the call was sustained.
The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Atkinson Atwood Brock Burgin Burrell Chason Ennis Flynt Fowler

Griner Hampton Home Jackson Johnson Knabb LindSaY McCutchen Patten

Peebles Phillips Pope Purdom Sammon Shedd Sikes Sutton Walker

Those voting in the negative were Senators:

Allen Aultman Clements Forrester Greer Hardman Harrell

Harrison Holmes Jones McKenzie Millican Moye Neely

Peterson Pruett Shannon Terrell Thrasher Whitehead

Verification of the roll call was dispensed with.

The ayes were 27, the nays 20.

The report of the Conference Committee on House Bill No. 427 was therefore adopted.

2300

JouRNAL OF THE SENATE,

Not voting were: Senators Kimbrough of the 25th District, Almand of the 50th District, and Williams of the 5th District.

By Mr. Key ofJasper-
House Bill No. 761. A bill to make appropriations for the operation of the State Government, and for other purposes.

Senator Harrison of the 17th District moved that in lieu of the committee report, House Bill No. 761 be considered item by item and section by section. The committee report was as follows:
"The Senate Committee on Appropriations not having sufficient time to go over this bill (House Bill No. 761) reports the same back to the Senate without recommendation but with the suggestion that the Senate constitute itself as the Committee of the whole on Appropriations when this bill comes on for a hearing, and that the committee of the whole consider this bill section by section."
The motion by Senator Harrison prevailed and House Bill No. 761 was taken up by the Senate for consideration in pursuance therewith.
The President named the following as a Conference Committee on the part of the Senate on House Bill No. 161:
Senators Almand of the 50th District,
Griner of the 45th District, and
Patten of the 6th District.
Senator Pope of the 7th District asked unanimous consent that the Senate recess at 5:30 o'clock to stand recessed until 7:30 o'clock, P. M., at which time the Senate reconvene and remain in session until otherwise ordered by the Senate. The consent was granted.

WEDNESDAY, MARCH 24, 1937.

2301

The hour of 5:30 o'clock having arrived the President announced that the Senate stood recessed.
The hour of 7:30 o'clock, P. M., having arrived the President called the Senate to order.
Senate Bill No. 115, known as the "Entomology Act," was taken up for the purpose of considering the following House amendments thereto:

By the Committee-
To amend by striking out the word" two" in the second line of Subsection 3 of Section 3 and adding the word "four," so that said Subsection 3 of Section 3 when amended shall read as follows:
"(3) The State Entomologist shall be appointed by the Governor subject to confirmation by the Senate for a term of four years, at a salary of $4,200.00 per annum. He shall be required to give a surety bond in the sum of $5,000.00, the premium to be paid out of the department appropriations. In case of a vacancy the appointment shall be for the unexpired term."
The Senate agreed to the House amendments to Senate Bill No. 115.
Senate Bill No. 47, known as the Justices Emeritus Act, was taken up for the purpose of considering the following House amendments thereto:

By Messrs. Sams of DeKalb and Harris of Richmond-
To amend by striking Section 7 in its entirety, and by substituting therefor the following, to be known a:S Section
7:

"Section 7. Provided, however, that any Justice or Chief Justice of the Supreme Court who offers for re-election, and is defeated in a primary or regular election, shall not be

2302

JouRNAL OF THE SENATE,

eligible to apply for or to accept appointment as Chief Justice Emeritus or as Associate Justice Emeritus, nor shall any such Justice be eligible to accept the provisions of this Act thereafter and before the expiration of the term such Justice or Chief Justice is then serving."
To amend further by striking the following from the caption:
"To provide for the appointment of a Superior Court Judge to sit in the place of a Justice of the Court of Appeals, and/or the Supreme Court who is disqualified to a particular case."

By Messrs. Harris of Richmond, Grayson of Chatham, and Parker of Colquitt-
To amend further by striking Section 6 and substituting in lieu thereof the following:
"Be it further enacted that in the event any member of the Supreme Court shall resign his position under the provisions of this Act and the Governor's appointee to fill such vacancy is sixty years of age or over, such appointee shall not be eligible to appointment as a Justice Emeritus until he shall have had 15 years unbroken active service in the Supreme Court."
The Senate agreed to the House amendments to Senate Bill No. 47.
The Senate insisted upon its position on House Bill No. 140 and requested the appointment of a Conference Committee.
The President named as a Conference Committee on the part of the Senate the following:
Senators Allen of the 31st District,
Atkinson of the 1st District, and
Millican of the 35th District.

WEDNESDAY, MARCH 24, 1937.

2303

Consideration of House Bill No. 761, known as the General Appropriations Act, was resumed.

The following amendments to House Bill No. 761 were read and adopted:

Senator Purdom of the 46th District offered the following amendment:
To amend by amending Section 1 by adding a new sentence immediately following the last sentence and last word of said sentence in line 16 as follows:
"For repairs to and equipment for the Executive Mansion, to be in addition to any other appropriation made for the Executive Mansion, the sum of $25,000.00, or so much thereof as may be necessary."

Senator- Purdom of the 46th District offered the following amendment:
To amend Section 1, Item C, by striking the last sentence reading:
"Provided that any part of this item unallotted in the fiscal year for which appropriated shall lapse at the end of that fiscal year."

And inserting the following:
"The appropriation made in this item shall be for the fiscal year 1938 only."

Senator Johnson of the 42nd District offered the following amendment:
To amend by adding after the word" Marietta" in line 4, Section 1, the following words, to-wit: "The Confederate Cemetery at Cassville, Resaca, and other Confederate cemeteries over the State."

2304

JouRNAL oF THE SENATE,

Senator Purdom of the 36th District offered the following amendment:
To amend Section 3 by adding an item as follows:
"(c) For the operating cost to administer the Motor Fuel Tax Act Allocation fixed by law," and by redesignating Item (c) as Item (d).
To further amend by striking lines 6, 7, 8, and 9 of the printed bill.
Senator Lindsay of the 34th District offered the following amendment:
To amend by adding after Subparagraph "a", Section 14, the following:
"Provided that 20% of all revenues hereby allocated to the Department of Agriculture is hereby reallocated to the State Veterinarian to pay all valid outstanding debts of the Veterinary Division and to pay the expenses of carrying on the various work and duties delegated to the State Veterinarian by law."
Senator Purdom of the 46th District offered the following amendment:
To amend by striking in Section 15 the figures " 1937" and " 1938" from the proviso and inserting in lieu thereof the figures" 1938" and" 1939," respectively.

By Senators Spivey of the 16th District, Patten of the 6th District, Griner of the 45th District, Purdom of the 46th District, Pope of the 7th District, Moye of the 11th District, Horne of the lOth District, Atkinson of the 1st District, Peterson of the 15th District, Sikes of the 49th District, Clements of the 9th District, McKenzie of the 48th District, Williams of the 5th District, Knabb of the 4th District, Atwood of the 2nd District, Shedd of the 3rd District, Chason of the 8th District, and Sutton of the 47th District-

WEDNESDAY, MARCH 24, 1937.

2305

To amend by adding to Section 15 another subsection to be known as Subsection B, to read as follows:
"To cooperate with the Federal Government in reviving the Sea Island Cotton Industry in the State of Georgia of which $3,500.00 to be made immediately available." ..... . $7,500.00.
"The sum appropriated in this subsection shall be in addition to the sum $76,000.00, appropriated in Subsection (a).

Senators Shedd of the 3rd District and Williams of the 5th District offered the following amendment:
To amend Section 16, line 3, page 5 by striking the figures "$75,000.00" and inserting in lieu thereof the figures "$95,300.00."

Senator Lindsay of the 34th District offered the following amendment:
To amend Section 16, Item (c) by striking all of the provisos and inserting the following:
"Provided, that from this item $15,000.00 in each of the fiscal years shall be allotted to the work of stream gaging and water analysis in this State in cooperation with the -United States Geological Survey.
"Provided, further, that from this item a competent mining engineer shall be employed to make a survey of the State from the standpoint of economic production of gold and other minerals in cooperation with School of Mines of Georgia School of Technology.''

Senator Pruett of the 32nd District offered the following amendment:
To amend th~ Lindsay amendment (directly above) by striking the period at the end and adding the following:

2306

JouRNAL oF THE SENATE,

"and North Georgia College in the discretion of Board of Regents."

Senator McCutchen of the 43rd District offered the following amendment:
To amend Section 16, Subsection (d) by striking in line 21 after the word "authorized" the words "and directed," and by striking in line 26 after the word "authorized" the words "and directed," and by striking in line 29 after the word "authorized" the words "and directed."
Senator Purdom of the 46th District offered the following amendment:
To amend by adding a new section after Section 19, as follows:
"Section 20. Public Safety Commission.
(a) For the operating cost of the Commission . . . . . . 97% of the allocation fixed by law."
"Provided, that the appropriation for either fiscal year shall not exceed $350,000.00, as provided in the Act approved March 19, 1937."
To further amend by appropriately renumbering the sections following.
Senator Ennis of the 20th District offered the following amendment:
To amend by adding line 6, Section 20, to read as follows:
"That the sum of Two Thousand Dollars be appropriated for the purchase of 35 acres of land and house located in center of State Farm."
Senator Ennis of the 20th District offered the following amendment:

WEDNESDAY, MARCH 24, 1937.

2307

To amend by adding after line 5, Section 21, the following:
''Provided the Public Welfare Department shall use Thirty Thousand Dollars of the above amount or so much thereof as may be necessary for the construction of a Cold Storage Plant at the Milledgeville State Hospital for the processing and curing of Georgia cattle and hogs for use of said hospital."

Senator Purdom of the 46th District offered the following amendment:
To amend by substituting a comma for the period following the last line of Section 23 of said bill and by adding immediately following the comma an additional proviso to read as follows:
"and provided further that the amounts set out under Item C ot this section and appropriated for- the fiscal years ending June 30, 1938, and June 30, 1939, respectively, except as to the amounts allocated by law for free text books, and appropriated under. Item B hereof, shall be inclusive of, and not in addition to;all amounts realized from taxes, fees and collections specially allocated for the support of the common schools under paragraph 1 of Section 3 of Article 8 of the Constitution and/or any special law now, or hereafter to become operative, making specific allocations for the support of the common schools."

Senator Chason of the 8th District offered the following amendment:
To amend by adding after the word "tobacco" in Section 25, Subsection C the following "and other types of tObacco."

Senator Pope of the 7th Disttict offered the following mendment:

2308

JouRNAL oF THE SENATE,

To amend by adding a new section to be numbered Section 29, and renumbering the following sections accordingly, and amend the caption accordingly. Said new Section 29 to read as follows:
"This Act shall apply for the fiscal years ending June 30, 1938, and June 30, 1939, and to each and every year thereafter until amended or repealed by laws."

Senator Purdom of the 46th District offered the following amendment:
To amend by adding a new section next preceding therepealing clause (the repealing clause to be appropriately renumbered) as follows:

Section 29. "In the event any duties, purposes and objects for which appropriations are made in this Act, shall be transferred under authority ot law to a State agency other than that to which appropriated, the appropriations for such duties, purposes and objects shall follow to such State agency to which the duties are transferred; and, in case the . appropriation to be so transferred is not a separate item, . the Governor, the State Auditor, and the head of the State agency to which the appropriation is made in this Act, are authorized to determine the amount to be transferred and set up to the transferee State agency. Nothing in this section shall be construed to increase any appropriation for the duties, purposes and objects named in this Act."

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:

Allen Almand Atkinson Atwood Aultman Brock

Burrell Chason Clements EnniS Forrester Fowler

Griner Hampton Harrison Holmes Jackson Johnson

WEDNESDAY, MARCH 24, 1937.

Kimbrough Knabb Lindsay McCutchen McKenzie Millican Neely

Patten :E'eebles Phillips Pope Pruett Purdom Sammon

Shannon Shedd Sikes Sutton Terrell Walker Williams

2309

Those voting in the negative were Senators:

Burgin Flynt Hardman Harrell

Home Jones Moye

Peterson Thrasher Whitehead

Verification of the roll call was dispensed with.

The ayes were 39, the nays 10.

The bill having received the requisite constitutional maj'ority was passed, as amended.

Senator Greer of the 13th District did not vote.

Senator Harrison of the 17th District asked unanimous consent that House Bill No. 761 be immediately transmitted to the House and the consent was granted.

Senator Millican of the 35th District asked unanimous consent that when the Senate adjourn today that it stand adjourned until 9:00 o'clock tomorrow morning. The consent was granted.
By unanimous consent, Mr. Key, representative of Jasper County, was permitted to explain his position in assisting in handling House Bill No. 761 before the Senate.
Senate Bill No. 242, a bill authorizing public bodies to aid housing projects, was taken up for the purpose of considering the following House amendments thereto:

By Messrs. Harris of Richmond and Parker of ColquittTo amend by adding at the end of Section 7 the following:

2310

JouRNAL OF THE SENATE,

"There is hereby created a State Housing Authority Board consisting of five members, to-wit: The State Treasurer, State School Superintendent, Secretary of State, Chairman of the State Planning Board an,d the Governor as an ex-officio member. The authorities in the municipalities or counties authorized to be established under the terms of this Act shall, after the adoption of the resolution provided for herein concerning the various subject matters of this Act, shall forward a copy of said resolution to the State Housing Authority Board together with a complete analysis of the projects to be undertaken, in such manner as may be prescribed by said State Housing Authority Board and none of the local subdivisions of this authority shall be permitted to exercise any of the duties and privileges, or do any of the Acts or things authorized herein, without first securing the approval of the State Housing Authority . Board.. No project shall be undertaken without such approval of said State Housing Authority Board and said Board shall have the right of refusal and the ultimate power to veto any Act or project of any public body or local Housing Authority Board as defined in this Act."
To further amend by adding to the caption the following words:
"To establish a State Housing Authority Board and to define its authority."
The Senate agreed to the House amendments to Senate Bill No. 242.

Senate Bill No. 17, a bill limiting to five years the effect of filing for record certain instruments, was taken up for the purpose of considering the following House amendment thereto:

By Messrs. Gross of Stephens and McGraw of MeriwetherTo amend by striking Section 5 in its entirety.

WEDNESDAY, MARCH 24, 1937.

2311

The Senate agreed to the House amendments to Senate Bill No. 17.

The following resolutions of the Senate were read and adopted:

By Senator Sutton of the 47th District-
Senate Resolution No. 108. A resolution expressing the appreciation of the Senate to the Macon Telegraph and the Athens Daily Times for the courtesy shown the Senate during this session.

By Senator Sutton of the 47th District-
Senate Resolution No. 109. A resolution expressing the profound appreciation of the Senate to certain newspaper reporters for the manner in which they have given publicity to the proceedings of this body, and for other purposes.
At this time the President presented to the Senate His Excellency, Gov. E. D. Rivers, who briefly addressed the Senate.

Senator Ennis of the 20th District asked unanimous
consent that the following bills of the House, which were
unfavorably reported by the committee, be placed on the calendar~ the report of the committee disagreed to, and the
bills given a second reading:

By Mr. Dugas of White-
House Bill No. 549. A bill to provide a tax on transfers of stock and provide additional emergency tax, and for other purposes.

By Mr. Dugas of White-
House Bill No. 833. A bill to provide a tax to be known as Commodity Stamp Tax, on the sale, purchase, trade, ex-

2312

JouRNAL oF THE SENATE,

change or negotiation of certain commodities, and the contracts therefor, and for other purposes.
The consent was granted, the report of the committee disagreed to, and the bills given a second reading.
The Senate insisted upon its position on House Bill No. 140, known as t~e Income Tax Act, and requested that a Committee of Conference be appointed.
The President named as a Committee of Conference on the part of the Senate the following:

Senators Allen of the 31st District, Atkinson of the 1st District, and Millican of the 35th District.

The following report of a special committee was submitted and read:

Mr. President:

Mr. Speaker:
Your joint committee consisting of Messrs. Palmour of Hall, Smith of Muscogee, and Flanders of Emanuel of the House of Representatives, and Senators Purdom of the 46th District and Forrester of the 44th District, appointed by the President of the Senate and the Speaker of the House under Senate Resolution No. 68, directing that such .a committee be appointed for the purpose of inspecting the Mansion House and make recommendations for such appropriation found to be necessary to recondition the home of the Chief Executive, beg to submit the following report:
Your committee has made a personal and thorough inspection of the Mansion House and premises and find the same to be in a deplorable condition. Our inspection particularly discloses the following conditions:

WEDNESDAY, MARCH 24, 1937.

2313

1. Paper badly cracked and hanging from walls and ceiling.
2. Plaster cracked.
3. Roof leaking.

4. Heating system defective, inadequate and obsolete.

5. Electric wiring inadequate and defective.
6. Entire structure in need of paint, exterior and interior.

7. All out houses and fences also in need of paint.

8. No silverware, chinaware or glassware.

9. Furniture of reception rooms in need of overhauling, upholstering, repairing or replacing.
10. Three (3) new mattresses needed.

11. Enamelware of bathroom fixtures stained and cracked and in bad repair.

12. All windows in need of wire screens without and Venetian blinds within.

13. Tile floor and tile walls m need of repair and replacement.

14. Wood floors in need of refinishing.

15. Windows in attic in need of new sash, frames and glasses.

Your committee therefore recommends that the General Assembly appropriate the sum of Twenty-five Thousand Dollars ($25,000.00) to put the Mansion House of the State

2314

JouRNAL OF THE SENATE,

of Georgia in a state of habitation in keeping with the dignity in which a Governor's Mansion should be maintained.
Respectfully submitted,

On the part of the Senate: PuRDOM of the 46th District, Forrester of the 44th District,

On the part of the House: SMITH of Muscogee, PALMOUR of Hall, FLANDERS of Emanuel, Joint Committee.

Senator Jackson of the 14th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters, read a second time and recommitted:

By Mr. Sapp of Coffee-
House Bill No. 661. A bill to create a special bailiff for counties of a certain population, and for other purposes.
The consent was granted, the bill read a second time and recommitted.

By Messrs. Elliott of Muscogee and Lanier and Harris of Richmond-
House Bill No. 676. A bill to conserve soil resources and prevention and controlling erosion, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 24, 1937.

2315

On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution of the House was read and adopted:

By Messrs. Tate of Pickens and Lanham of Floyd-
House Resolution No. 247. A resolution commending the Sunshine Health Center of Gordon County to the Dep~rtment of Public Welfare for any cooperation that can be extended.

The following resolution of the House was taken up for consideration and passage:

By Mr. Sutton of WilkesHouse Resolution No. 10.

A RESOLUTION
Proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia increasing the jurisdiction of Justices ot the Peace in this State:
Be it resolved by the General Assembly of Georgia:
Section 1. That Article VI, Section VII, Paragraph 2 of the Constitution of the State of Georgia be and the same is amended by striking out the paragraph now reading as follows:-
"Justices of the Peace have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does nc,t exceed one hundred dollars, and shall sit monthly at fixed times

2316

JouRNAL oF THE SENATE,

and places; bur in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court, under such regulations as may be prescribed by law,"
and inserting in lieu of the paragraph so stricken a new paragraph to read as follows:-
Article VI, Section VII, Paragraph 2.
"Justices of the Peace shall have such jurisdiction in criminal cases as the General Assembly of this State may prescribe by law, and shall have jurisdiction in all civil cases arising ex contractu or ex delicto when the principal sum does not exceed Two Hundred Dollars, and shall sit at such times and places as the General Assembly may prescribe; but in all civil cases there may be an appeal to a jury in said court, or an appeal to the Superior Court, under such regulations as may be prescribed by law."

Section 2. The foregoing amendment shall be published in at least one newspaper in each Congressional District of this State for two months preceding the next general election held according to law, and at such general election shall be submitted to the qualified voters, qualified to vote for members of the General Assembly, for ratification or rejection. The voters desiring to vote in favor of the ratification of the amendment shall have written or printed upon their ballots, "For ratification of the Amendment to Article 6, Section 7, Paragraph 2 of the Constitution of Georgia enlarging the jurisdiction of Justices Courts." The voters desiring to vote against the ratification of the amendment shall have written or printed upon their ballots, "Against ratification of the Amendment to Article 6, Section 7, Paragraph 2 of the Constitution of Georgia enlarging the jurisdiction of Justices Courts."
Should a majority of the qualified voters voting at said election vote in favor of the ratification of the amendment, the Governor shall make a proclamation thereof, and the foregoing amendment shall become a part of Article 6,

WEDNESDAY, MARCH 24, 1937.

2317

Section 7 of the Constitution of this State as Paragraph 2 thereof.

Senator Atkinson of the 1st District moved to amend House Resolution No. 10-41a by striking Section 1 and inserting in lieu thereof the following:

Section 1. That Art. VI, Section VI of the Constitution of Georgia be and the same is amended by adding a paragraph to be known as Paragraph 11A as follows:
"The Court of Ordinary shall have jurisdiction to issue warrants, try cases and impose sentence thereon in all misdemeanor cases arising under that Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State in all counties of this State in which there is no city or county court, pr~vided the defendant waives a jury trial. Like jurisdiction is also conferred upon the Judges of the Police Courts of incorporated cities and Municipal Court Judges, for offences arising within their respective jurisdiction."

Section 2. By amending the caption so that it will read: "A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VI, Section VI of the Constitution of Georgia so as to give jurisdiction to the Court of Ordinary to try cases arising under the Georgia State Highway Patrol Act of 1937 in certain counties and to give like jurisdiction to City Police and Municipal Courts."
The amendment by Senator Atkinson of the 1st District was adopted.

Senator Harrell of the 12th District moved that the Senate do now adjourn. The motion was lost.
The report of the committee, which was favorable to the passage of the-resolution, was agreed to, as amended.

2318

JouRNAL oF THE SENATE,

On the passage of the resolution, as amended, it being a proposed amendment .to the Constitution, the roll was called and the vote was as follows:

Those voting in the affit mative were Senators:

Allen Almand Atkinson Atwood Brock Burrell Chason Forrester Griner Hampton Hardman Harrison Holmes

Jackson Johnson Jones Kimbrough Knabb
L~dsay
McCutchen McKenzie Millican Moye Neely Patten

Peebles Phillips Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Walker Williams

Those voting in the negative were Senators:

Aultman Burgin Ennis

Flynt Fowler Harrell

Home Thrasher Whitehead

Verification of the roll call was dispensed with.

The ayes were 37, the nays 9.

The resolution having received the requisite two-thirds constitutional majority was adopted.

Not voting were: Senators Clements of the 9th District, Greer of the 13th District, Peterson of the 15th District, and Sammon of the 51st District.

Senator Shannon of the 21st District asked unanimous consent that the report of the committee, which was unfavorable to the passage of the following resolution of the House be disagreed to, the resolution placed upon the calendar and read a second time:

WEDNESDAY, MARCH 24, 1937.

2319

By Mr. Daughtry of Wilkinson-
House Resolution No. 52. A resolution relieving 0. W. Bell as surety from obligation on a bond.
The consent was granted and the resolution given a second reading.

By Mr. Key of Jasper-
, House Bill No. 552. A bill to amend an Act to consolidate the office of Tax Receiver and Tax Collector of Jasper County and to create the office of County Tax Commissioner, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following privilege resolutions were read and adopted:

By Senator Peterson of the 15th District-
A resolution extending the privileges of the floor to Dr. Dan Bowden, prominent member of the medical profession of the State of Georgia.

By Senator Sutton of the 47th District-
A resolution extending the privileges of the floor to Judge L. L. Moore of the City Court of Moultrie, Georgia.

By Senators Holmes of the 22nd District and Aultman of the 23rd District-
A resolution extending the privileges of the floor to Mrs. J. F. Pruett, charming wife of the distinguished Senator of the 32nd District.

2320

JouRNAL OF THE SENATE,

By Senator Millican of the 35th District-
A resolution extending the privileges of the floor to Hon. Preston Rawlins, former President Pro Tern. of the Senate.

Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until tomorrow at 9:00 o'clock, A.M.

Whereas, the Enrolling and/or Engrossing Committees

of the House have found that in checking House Resolution

No. 10-41a, a constitutional amendment, that the Senate

amendment to said resolution which was passed by both

Houses changed the caption and the body of the resolution,

but through inadvertance neglected to change the submis-

sion clause to comply with the caption and the body of the

resolution.



Therefore, we the undersigned members of the aforenamed committees hereby direct the Clerk of the House to change the submission clause in the resolution to conform to the caption and body of the resolution, in order to comply with the purpose, intent and meaning of said resolution, and hereby direct that this order be placed in the Journal of the House as a matter of public record.

This March 30, 1937.

M. E. GROOVER, Chairman of Enrolling Committee, JOHN W. BENNETT, JR., WILL Eo SMITH,

Members Enrolling and/or Engrossing Committees.

THURSDAY, MARCH 25, 1937.

2321

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, MARCH 25, 1937.

The Senate met, pursuant to adjournment, at 9:00 o'clock, A. M., this day and was called to order by the President.

Prayer was offered by the acting Chaplain.

The roll was called and the following Senators answered present:

Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Ohason Clements Ennis
Flynt
Forrester Fowler Greer Griner Hampton

Hardman Harrell Harrison Holmes Home .Tackson .Tohnson .Tones Kimbrough Knabb
Linds~
McCutchen McKenzie Millican Mo;ve Neel;v Patten

Peebles Peterson Phillips Pope Pruett. Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams Mr. President

Senator Almand of the 50th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found 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.

2322

JouRNAL oF THE SENATE,

Senate Bill No. 35, a bill regulating dance halls, boxing or wrestling arenas, etc., was taken up for the purpose of considering the following House amendments thereto:

The following amendments to Senate Bill No. 35 were read and adopted:

By Messrs. Grayson of Chatham and Candler of DeKalb-
To amend by adding the following language at the end of Section (2):

"Section 2. Such Commissioner of Roads and Revenue or otherauthority in charge of said counties shall have authority to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this Act."
To amend by striking from 3rd line of caption the word "Park" and inserting in lieu thereof the words:
"Place, tourist camps and Barbecue Stands."
Td amend further by adding after the word" good" in the 11th line of the caption the following:
"To levy a license or occupational tax on same."
To amend Section 1 by striking word "park" in line (5) of said section and inserting in lieu thereof the following words:
"Place, tourist camps and Barbecue Stands." The Senate agreed to the House amendme~t to Senate Bill No. 35.
The Senate disagreed to the following House amendments to Senate Bill No. 133 and requested that a Committee of Conference be appointed:

THURSDAY, MARCH. 25, 1937.

2323

By Mr. Bennett of Ware-
To amend title by inserting the following:
"Requiring the State Supervisor of Purchases to obtain needed supplies from the State Prison Commission when available."

By Mr. Smith of Dodge-
To further amend by striking out the words "The Director of Purchase and Contract" in lines two and three of Section 14, and substituting in lieu thereof the following:
"The Supervisor of Purchases."

By Messrs. Bennett of Ware and Deal of Bulloch-
To further amend by inserting a new section after Section 15, on page 7, as follows:
"Provided that nothing in Section 6 or any other Section of this Act shall apply to or affect the distribution and purchase of goods, wares, or merchandise manufactured, produced or mined wholly or in part by inmates of the Penal, Correctional and Eleemosynary Institutions of this State, and provided further that all goods, wares or merchandise needed by the departments, institutions and agencies of the State and its political sub-divisions supported wholly or in part by public funds, shall be obtained from the State Prison Commission unless the State Prison Commission shal.l certify in writing that such needed goods, wares or merchandise are not available." And change the number of the subsequent sections so that they will read consecutively.

By Mr. Coleman of Lowndes-
To further amend by striking Section sixteen (16) thereoL in its entirety; and further amends said bill by renumbering the succeeding sections in proper numerical sequence.

2324

JouRNAL oF THE SENATE,

The President appointed as a Committee of Conference on the part of the Senate on Senate Bill No. 133, the following:

Senators Millican of the 35th District, Allen of the 34th District, and Knabb of the 4th District.
The following bills and resolutions of the House were read the third time and put upon their passage:

By Messrs. Moore of Lumpkin and Phillips and Palmour of Hall-
House Bill No. 816. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lewallen of Banks and Brooks and Wages of Jackson-
House Bill No. 819. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, MARCH 25, 1937.

2325

By Mr. Adams of Franklin-

House Bill No. 811. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.

The report of the committee, which was favorable to the

passage of the bill, was agreed to.



On the passage of the bill, the ayes were 44, the nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Walton of Stewart-
House Bill No. 844. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Campbell of NewtonHouse Bill No. 839. A bill to revise the several Acts
amending the charter of the City of Covington, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Bond of Oconee and Preston and Almand of Walton-

2326

JouRNAL oF THE SENATE,

House Bill No. 837. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Allison and Tapp of Gwinnett and Pirkle of Forsyth-
House Bill No. 817. A bill to amend the Highway Mileage Act by adding a road to the State Aid System, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Daughtry of Wilkinson-
House Resolution No. 52. A resolution to relieve 0. W. Bell, Tax Collector of Wilkinson County, and his bondsmen, from any obligation on the bond of said 0. W. Bell.
Senator Shannon of the 21st District moved that House Resolution No. 52 be tabled and the motion prevailed.

By Messrs. Dampier and Larsen of Laurens-
House Resolution No. 221. A resolution authorizing the City of Dublin to issue refunding bonds by bonds due as of January 1, 1938, and for other purposes.

THURSDAY, MARCH 25, 1937.

2327

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

On the adoption of the resolution, the ayes were 34, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 397. A bill to provide for the examination of Master and Journeyman Plumbers and Steam Fitters carrying on business in certain counties; to create a Board of Examiners for said purpose; and for other purposes.

Senator Millican of the 35th District moved to amend House Bill No. 397 by adding a new section to be known as Section 16A and reading as follows:
None of the provisions of this Act shall apply within the limits of any municipality in this State lying within counties having a population of 150,000 inhabitants or more by the United States census of 1930 or any future census.
Provided further, that the provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the roll was called and the vote was as follows:

2328

JouRNAL or THE SENATE,

Those voting in the affirmative were Senators:

Allen A.lmahd Atkinson Atwood Aultman Brock Burrell Ohason Olements Flynt
Griner Hampton Hardman

Harrison Holmes Home .Johnson .Tones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Mo;ve Peebles

Peterson Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 38, the nays 0.

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

Not voting were: Senators Burgin of the 24th District, Ennis of the 20th District, Forrester of the 44th District, Fowler of the 39th District, Greer of the 13th District, Harrell of the 12th District, Jackson of the 14th District, Neely of the 36th District, Patten of the 6th District, Phillips of the 29th District, Pope of the 7th District, and Sammon of the 51st District.

By Messrs. Lanier, Harris, and Barrett of Richmond-
House Bill No. 836. A bill to provide for a pension fund for county employees in counties having a certain population, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, MARCH 25, 1937.

2329

By Messrs. Deal and Preston of Bulloch-
Hause Bill No. 8Q9. A bill to amend an Act which provides for the appointment of special criminal bailiffs in counties of a certain population, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Harrell and Blease of BrooksHouse Resolution No. 90.

A R.ESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State, authorizing the City of Quitman in the County of Brooks, to pass and enforce zoning and planning laws for said city and for other purposes:
Be it resolved by the General Assemble of Georgia:

Section 1. That Paragraph 25 of Section 7 of Article 3 of the Constitution of the State of Georgia, as published in the Code of Georgia of 1933, be amended by adding after the word "Valdosta" in line 5 the word "Quitman," and by adding after the word "Valdosta" in line 15 the word "Quitman," so that said Paragraph 25 of Section 7 of Article 3, when so amended shall read as follows:
"The General Assembly of the State shall have authority to grant to the governing authorities of the cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Quitman, Newnan, Thomaston and East Thomaston, and cities having a population of25,000 or more

2330

JouRNAL OF THE SENATE,

inhabitants according to the United States census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize the cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Quitman, Newnan, Thomaston and East Thomaston, and cities having a population of25,000 or more inhabitants according to the United States census of 1920 or any future census to pass zoning and planning laws."

Section 2. Be it further reso~ved, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the" ayes" and" nays" thereon, and the same shall be published in one or more newspapers having a general circulation 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 of this State for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballot the words," For ratification of amendment to Paragraph 25, Section 7 of Article 3 of the Constitution of the State of Georgia, authorizing the City of Quitman to pass and enforce zoning laws," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words," Against the amendment to Paragraph 25, Section 7 of Article 3 of the Constitution of Georgia, authorizing the City of Quitman to pass and enforce zoning laws;" and if a majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in elec-

THURSDAY, MARCH 25, 1937.

2331

tion for members of the General Assembly, the said amendment shall become a part of Paragraph 25, Section 7 of Article 3 of the State of Georgia, and the Governor shall make a proclamation therefor as provided by law.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman Brock Burrell Chason Clements Flynt
Forrester Greer Griner Hampton Hardman

Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Moye Neely
Patten Peebles

Peterson Phillips Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 44, the nays 0.

The resolution having received the requisite two-thirds constitutional majority was adopted.
Not voting were: Senators Burgin of the 24th District, Ennis of the 20th District, Fowler of the 39th District, Harrell of the 12th District, Millican of the 35th District, and Sammon of the 51st District.

By Mr. Zellner of MonroeHouse Resolution No. 57:

2332

JouRNAL OF THE SENATE,

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, authorizing the Cities of Forsyth, Milledgeville, Cordele~ Carrollton, Eastman, Fort Valley, and McRae to pass and enforce zoning and planning laws for said cities, and for other purposes.
Be it resolved by the General Assembly of the State of Georgia:

Section (1) That Paragraph (25) of Section (7) of Article (3) of the Constitution of the State of Georgia be amended by adding after the word "Moultrie" in line six the words "Forsyth,"" Milledgeville,"" Cordele,"" Carrollton,"" Eastman," "Fort Valley," "McRae," and by adding after the word "Moultrie" in line sixteen the words "Forsyth," "Milledgeville,"" Cordele,"" Carrollton,"" Eastman,"" Fort Valley," and "McRae," so that said Paragraph (25) of Section (7) of Article (3), when so amended shall read as follows: "The. General Assembly of the State shall have authority to grant to the governing authorities of the Cities of Atlanta, Savannah, Macon, Augusta,Columbus,LaGrange,Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, Muoltrie, Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley, and McRae, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or for various uses ancJ. other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize the Cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston, and East Thomaston, Maul-

THURSDAY, MARCH 25, 1937.

2333

trie, Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley, and McRae, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, to pass zoning and planning laws."

Section (2) Be it further resolved, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the jqurnal of each House with the" ayes" and" nays" thereon, and the same shall be published in one or more newspapers having a general circulation in each Congressional District in this State for two months previous to the time for holding the next general election, and shall at the next general election be submitted to the people of this State for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballot the words," For ratification of amendment to paragraph 25, Section 7 of Article 3 of the Constitution of the State ofGeorgia, authorizing the cities of Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley and McRae, to pass and enforce zoning laws," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against the amendment to Paragraph 25, Section 7 of Article 3 of the Constitution of Georgia, authorizing the Cities of Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley and McRae to pass and enforce zoning laws;" and if a majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Paragraph 25, Section 7 of Article 3 of the State of Georgia, and the Governor shall make a proclamation therefor as provided by law.

2334

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Almand Atkinson Atwood Aultman . Brock Burrell Chason Clements Flynt Forrester Greer Griner Hampton Hardman

Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb McCutchen McKanzie Millican Moye Neely Patten

Peebles Peterson Phillips Pope Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 43, the nays 0.

The resolution having received the requisite two-thirds constitutional majority was adopted.

Not voting were: Senators Burgin of the 24th District, Ennis of the 20th District, Fowler of the 39th District, Harrell of the 12th District, Lindsay of the 34th District, Pruett of the 32nd District, and Sammon of the 51st District.

By Messrs. Freeman, Horne, and Weaver of Bibb-
House Bill No. 626. A bill to amend an Act so as to provide that salaries of county officials shall be fixed upon an annual basis for either a calendar or fiscal year, and for other purposes.

THURSDAY, MARCH 25, 1937.

2335

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following communication from the Speaker of the House was read:

March 25, 1937.
Mt;. President:
On yesterday the House passed Senate Bill No. 103, and immediately notice of a motion to reconsider was given and this morning the action of the House in passing the bill was reconsidered. A bill containing the same provisions has already been passed by the House and Senate and signed by the Governor.
Please direct the Secretary of the Senate to return this bill to the House.
Respectfully submitted,
RoY V. HARRis,
Speaker.

Senator Lindsay of the 34th District moved that Senate Bill No. 103 be returned to the House of Representatives and the motion prevailed.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 575. A bill to provide for the formation of Cooperative Non-profit Membership Corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification, and for other purposes.

2336

JouRNAL oF THE SENATE,

Senator Sutton of the 47th District moved to amend House Bill No. 575 by striking Section 22 of said bill and substituting a new section to read as follows:

Section 22. Construction of Act. Be it further enacted that this Act shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. This Act shall be construed to be cumulative in effect, and shall not be deemed to deprive any persons of the right to organize electric cooperatives or non-profit corporations under any other applicable law of this State, nor to limit, restrict or affect in any manner whatsoever the validity, rights, powers or operations of any such electric cooperative or non-profit corporation heretofore or hereafter organized under any other applicable law of this State.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mrs. Coxon of Long and others-
House Bill No. 446. A bill to authorize counties and cities to acquire and extend revenue producing undertaking, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 4.
The bill having received the requisite constitutional majority was passed.

THURSDAY, MARCH 25, 1937.

2337

By Mr. Mundy of Polk and others-
House Bill No. 689. A bill to amend the Code of Georgia of 1933 relating to the Board of Regents of the University System of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received _the requisite constitutional majority was passed.

By Mr. Gary of Quitman-
House Bill No. 821. A bill to repeal an Act creating the Board of Commissioners of Roads and Revenues of Quitman County, and for other purposes.
Senator Harrell of the 12th District moved that House Bill No. 821 be indefinitely postponed and the motion prevailed.
Senator Harrell of the 12th District moved that the Senate reconsider its action in indefinitely postponing House Bill No. 821 and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 0, the nays 26.
The bill having failed to receive the requisite constitutional majority was lost.

By Mr. Palmour of Hall-
House Bill No. 413. A bill to amend the section of the 1933 Code which provides for annual registration by motor common carriers, and for other purposes.

2338

JouRNAL or THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Candler, Sams, and Turner of DeKalb--
House Bill No. 560. A bill to amend the 1933 Code so as to provide for service of notice of corrections and equalizations made by the County Board of Tax Assessors by mail, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Harrell of the 12th District asked unanimous consent that House Bill No. 413 be immediately transmitted to the House, and the motion prevailed.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, ta-wit:

By Senator Lindsay of the 34th District-
Senate Bill No. 142. A bill to be entitled an Act to amend Section 22-1302 of Chapter 22-13, of Title 22 of the Code of Georgia of 1933, so as to provide that Judges of the Superior Court of this State shall be authorized to fix places of hearing

THURSDAY, MARCH 25, 1937.

2339

of petitions for the dissolution of corporations at chambers in vacation, and for other purposes.
The House has agreed to the Senate amendments to the following bill of the House:

By Messrs. Larsen and Dampier of Laurens-
House Bill No. 805. A bill to create a new charter for Dublin, and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House to serve with a like committee on the part of the Senate on Senate Bill No. 133, "A bill to be entitled an Act to create the office of Supervisor of Purchases," the following members of the House, tO-wit:

Messrs. Swindle of Berrien, Coleman of Lowndes, and Smith of Dodge.

Mr. President:
The House has passed the following bill of the Senate, tO-wit:

By Senator Atkinson of the 1st District-
Senate Bill No. 120. A bill to amend the Constitution of Georgia to enact laws to create a retirement fund and system of retirement pay for county officers of Chatham County, and for other purposes.
The House has adopted the Senate substitute as amended by the House to the following bill of the House, tO-wit:

By Messrs. Marshall of Macon and Booth of Barrow-
House Bill No. 58. A bill to increase taxes on malt beverages, etc., and for other purposes.

2340

JouRNAL oF THE SENATE,

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

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, tO-wit:

By Senator Millican of the 35th District-
Senate Bill No. 146. A bill to be entitled an Act to amend the Code of 1933, so as to provide for additional duties of the Revenue Commission, its deputy commissioners, and for other purposes.

By Senator Lindsay of the 34th District-
Senate Bill No. 232. A bill to be entitled an Act to amend an Act approved August 7th, 1931, defining and regulating the practice of law and prohibiting corporations and persons other than duly licensed attorneys at law from practicing law, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 92. A bill to be entitled an Act to amend an Act to regulate primary elections in all municipalities having a population of 200,000 or more, by providing how such elections shall be conducted, and for other purposes.

By Senator Millican of the 35th District-
Senate Bill No. 239. A bill to be entitled an Act to amend Section 85-1312 of the Georgia Code of 1933 relating to "Franchise when exclusive," and for other purposes.

By Senator Thrasher of the 27th Disuict-
Senate Bill No. 257. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a cet tain road to the State Aid System of Roads.

THURSDAY, MARCH 25, 1937.

2341

By Senator Atkinson of the 1st District-
Senate Bill No. 262. A bill to be entitled an Act to authorize Commissioners of Chatham County to create a Pension Board.
The House has disagreed to the Senate amendments to the following bill of the Senate, tO-wit:

By Messrs. Peters and McGraw of Meriwether-
House Bill No. 378. A bill to be entitled an Act to require candidates in primary elections for members of the General Assembly in Meriwether County to specify the particular incumbent which they desire to oppose or succeed, and for other purposes.
The House has adopted the following resolution of the Senate, tO-wit:

By Senator Lindsay of the 34th District-
Senate Resolution No. 97. A resolution authorizing the Governor and Prison Commission to execute and perfect any lease of the said Tattnall Prison by the State of Georgia from the United States Government with such recommendations as may be made by the joint committee of the House and Senate.
Mr. President:
The House has passed the following bills and/or resolutions of the Senate, to-wit:
Senate Resolution No. 106. A resolution providing for appointment of a special committee to make a thorough study of the tax question.
Senate Bills Nos. 130, 254.
The House has passed, as amended, Senate Bill No. 196.

2342

JouRNAL oF THE SENATE,

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

Mr. President:
The House has adopted by the reqms1te constitutional majority the following resolution of the Senate, ta-wit:

By Senator Williams of the 5th District-
Senate Resolution No. 32. A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia, authorizing the City of Waycross to levy a tax not to exceed one mill for the purpose of raising a fund which may be set aside, appropriated and used by the City of Waycross in assisting, promoting, and encouraging the location of new industries.
The House has passed, as amended, the following bill of the Senate, to-wit:

By Senator Knabb of the 4th District-
Senate Bill No. 210. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution, permitting governing authorities of Glynn County to pass zoning laws, and for other purposes.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

By Senators Millican of the 35th District, Terrell of the 19th District, and others-
Senate Bill No. 261. A bill to be entitled an Act to provide for the designation of persons to act in lieu of the Comp-

THURSDAY, MARCH 25, 1937.

2343

troller General and State Treasurer in cases where they respectively by reason of sickness or other providential cause, become unable to perform the duties of their offices, and for other purposes.
The House has disagreed to the Senate amendments to the following bills of the House, to-wit:

By Mr. Marshall of Macon-
House Bill No. 56. A bill to be entitled an Act to regulate the manner of teaching, learning and serving the public in barber and beauty schools and colleges, and for other purposes.

By Mr. Key of Jasper-
House Bill No. 761. General Appropriations bill.
Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended:
House Bill No. 279.
Respectfully submitted,
GRINER, Chairman.

Senator Griner of the 45th District, Chairman of the Committee on State of the Republic, submitted the following report:

2344

JouRNAL oF THE SENATE,

Mr. President:
Your Committee on State of the Republic has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 840 do pass.
House Bill No. 484 do pass, as amended.
Respectful1y submitted,
GRINER, Chairman.

Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 536.
Respectfully submitted,
PuRDOM, Chairman.

The Senate insisted upon its position on House Bill No. 378, a local bill affecting Meriwether County, and requested that a Committee of Conference be appointed.
The President appointed as a Conference Committee on the part of the Senate the following:

Senators Harrison of the 17th District, Forrester of the 44th District, and Neely of the 36th District.

THURSDAY, MARCH 25, 1937.

2345

By Messrs. Freeman, Weaver, and Horne of Bibb-
House Bill No. 171. A bill to amend an Act to provide for maintenance of libraries by municipalities but operated by Boards of Trustees, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Adams of Franklin and Candler of DeKalb-
House Bill No. 541. A bill to amend an Act of the General Assembly relating to Fraternal Benefit Societies, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sutton of Wilkes-
House Bill No. 664. A bill to amend Code Section 100-101 (State Depositories provided for in various cities), of the 1933 Code by striking said section in its entirety and making a new insert, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

2346

JouRNAL oF THE SENATE,

By Mrs. Coxon of Long and others-
House Bill No. 700. A bill to authorize the State Department of Public Welfare to cooperate with the Federal Government through its appropriate agency in supervising the administration of a program of services for children who are crippled, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
.The bill having received the requisite constitutional majority was passed.

By Messrs. Marshall of.Macon, Booth of Barrow, and Sanders of Coweta-
House Bill No. 57. A bill to authorize the Commissioner of Game and Fish to make necessary rules to control Sea Food industries, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Bradley of Tattnall, Deal of Bulloch, and Bennett of Ware-
House Resolution No. 216. A resolution to investigate and make recommendations with reference to the purchase of the Tattnall County Prison, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, the nays 0.

THURSDAY, MARCH 25, 1937.

2347

The resolution having received the requisite constitutional majority was adopted.
By Messrs. Dampier and Larsen of Laurens-
House Bill No. 800. A bill to repeal an Act amending the Penal Code of Georgia of 1910 and the corresponding section of the 1933 Code relating to the appointment of criminal bailiffs in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Jackson of the 14th District requested that he be relieved from further service on the Conference Committee appointed to consider House Bill No. 107, known as the Chain Store Tax Act, and that some one else be appointed in his place. There was no objection to the request and Senator Fowler of the 39th District was appointed to fill Senator Jackson's place.
By Messrs. MeNall of Chatham and Lanier of Richmond-
House Bill No. 582. A bill to amend Section 56-309 of the 1933 Code which relates to the deposit of securities by the insurance companies, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Marshall of Macon-
House Bill No. 56. A bill to regulate the manner of teach-

2348

JouRNAL OF THE SENATE,

ing and serving the public in barber and beauty schools and colleges, and for other purposes.

Senator Lindsay of the 34th District offered the following amendment to Hous~-Bill No. 56:
To amend by striking the last sentence in Section 1 and by adding a new section to be appropriately numbered and to read as follows:
"The said board may appoint not more than five inspectors for such period of time as necessary to adequately enforce the provisions of this Act and Chapter 84-4 of the Code of Georgia. Said inspectors shall be experienced barbers and/ or beauticians and hairdressers and they shall receive five dollars ($5.00) a day for their services and actual travelling expenses, same to be paid from fees collected by authority of said board."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed, as arnended.

By Messrs. Peebles of Bartow and Morris of Douglas-
House Bill No. 195. A bill to provide for the payment of a license by certain persons fishing within the State of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 3.
The bill having received the requisite constitutional majority was passed.

THURSDAY, MARCH 25, 1937.

2349

By Mr. Sanders of Coweta-
House Resolution No. 233. A resolution cancelling the contract between the State of Georgia and the Dixie Terminal Building Company unless the erection of certain buildings are made before August 1st, 1937, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 27, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 1:00 o'clock until 2:00 o'clock, P.M., at which time it reconvene and remain in session until otherwise ordered by the Senate. The consent was granted.

By Messrs. Cohen and Grayson of Chatham and Booth of Barrow-
House Bill No. 695. A bill to regulate boxing, sparring and wrestling exhibitions in Georgia, and for other purposes.
The committee offered the following amendments to House Bill No. 695, which were adopted:
To amend Section 1 by adding at the end of said section the following: "The Governor of the State of Georgia shall be an ex-officio member of said Athletic Commission."
To amend Section 18 by striking the word" or" as appears in the next to the last line of said section and as appears between the words "admission" and "passes," and substituting in lieu thereof the word" and."
To further amend Section 18 by adding the following at the end of said section: "No passes shall be issued to any

2350

JouRNAL oF THE SENATE,

exhibition except to the officials of the State Athletic Commission and their employees and to the Municipal Athletics or Boxing Commission and their employees; unless the promoters of the exhibition and the said officials mutually agree upon the number of passes and to whom said passes are issued."
To amend Section 17 thereof by striking the figures "$25.00" as appearing in the third line from the bottom of said section and substituting in lieu thereof the figures "$10.00."
To amend Section 23 by adding at the end of said section the following: "The State Athletic Commission is hereby authorized and directed to fix the amount of the receipts or the percentage of the receipts to be charged and collected by any local Municipal Athletic Wrestling and Boxing Commission."
To amend Section 17 by striking the figures "$10.00" as appearing in said section, and substituting in lieu thereof the figures" $5.00."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Culpepper of Fayette and McGraw of Meriwether-
House Bill No. 318. A bill to repeal Section 24-2628 of the 1933 Code relating to a convention of Judges to recommend rules of practice to the General Assembly of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 25, 1937.

2351

On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Pound of Hancock-
House Bill No. 532. A bill to create and establish a factory by the State to produce certain supplies used by the State and the political subdivisions as may be successfully manufactured by the blind and persons of sub-standard vision, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Parker of Colquitt, Key of Jasper, and Welsch of Cobb-

House Bill No. 506. A bill to provide that acceptance by

non-residents of the rights conferred by the Georgia laws,

permitting the operating of motor vehicles upon the high-

ways of this State, and for other purposes.



The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 26, the nays 0.

The bill having received the requisite constitutional majority was passed.

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

Mr. President:
The House agrees to the Senate amendments to the following bills of the House, to-wit:

2352

JouRNAL OF THE SENATE,

By Messrs. Key of Jasper and Leonard of Muscogee-
House Bill No. 279. A bill to regulate the practice of all branches of professional engineering, etc., and for other purposes.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 397. A bill to provide for the examination of Master and Journeyman Plumbers and Steam Fitters in counties having a certain population, and for other purposes.

By Messrs. Parker and Barlow of Colquitt-
House Bill No. 575. A bill to be entitled an Act to provide for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in Rural Electrification, and for other purposes.
The House has disagreed to the Senate amendments to the following resolution of the House, to-wit:

By Mr. Sanders of Coweta-
House. Resolution No. 233-844a. A resolution cancelling the contract between the State of Georgia and the Dixie Terminal Building Company, unless certain erections are made before August 1, 1937, and for other purposes.

The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on House Resolution No. 233-844a the following members of the House, to-wit:

Messrs. Sanders of Coweta, Dukes of Washington, and Pilcher of Warren.

THURSDAY, MARCH 25, 1937.

2353

The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on House Bill No. 56," Barbers and Beautician's Bill," the following members of the House, to-wit:

Messrs. Marshall of Macon, Gross of Stephens, and Brewton of Evans.

The Speaker has appointed as a committee of Conference on the part of the House to confer with a like committee on the part of the Senate on House Bill No. 761, "General Appropriations Bill," the following members of the House, to-wit:
Messrs. Key of Jasper,
Coleman of Lowndes, and
Hodges of Liberty.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

By Senator Ennis of the 20th District-
Senate Bill No. 166. A bill to be entitled an Act to provide that streets or parts of streets lying within corporate limits of municipalities of this State and forming a continuation of the State Aid System of Roads shall become a part of the State Aid System of Roads, and for other purposes.

Senate Bill No. 210, permitting governing authorities of Glynn County to pass zoning laws, was taken up for the purpose of considering the following House amendments thereto:

2354

JouRNAL OF THE SENATE,

By Mr. Cogdell of Glynn-
To amend by adding after the words "authority to" in line 4 of Section 1, the following:
"Grant to the governing authorities of the County of Glynn authority to."
The Senate agreed to the House amendments to Senate Bill No. 210.

By Messrs. Grayson, McNall, and Cohen of Chatham-
House Bill No. 614. A bill to amend Sections 92-3702, 3706, 3710, 3711 and 3715 of the 1933 Code to remove the limitation of county taxes upon the State levy, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill ~aving received the requisite constitutional majority was passed.

By Messrs. Key of Jasper and Coleman of Lowndes-
House Bill No. 548. A bill to regulate Insurance and Insurance Companies', and for other purposes.

An amendment to House Bill No. 548 was adopted.
(The bill and amendment were sent to a Conference Committee and were no~ returned at the time of adjournment.)
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

THURSDAY, MARCH 25, 1937.

2355

By Messrs. Turner, Candler, and Sams of DeKalh, and Kendrick, Hastings and Mrs. Mankin of Fulton-

House Bill No. 840. A hill to declare an emergency concerning the production and sale of mil~; to define milk; to
regulate the distribution of milk in certain counties; and for oth.er purposes.

An amendment to House Bill No. 840 was adopted.
(The Senate amendment to House Bill No. 840 was not acted upon by the House; the hill and amendment at the time of adjournment were in the hands of the authors.)

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

On the passage of the hill, as amended, the ayes were 30,

the nays 0.



The hill having received the requisite constitutional majority was,passed, as amended.

By Messrs. Key of Jasper and Leonard of Muscogee-
House Bill No. 279. A bill to regulate the practice of all branches of Professional Engineering, including that branch of engineering commonly known as surveying, and for other purposes.

Senator Atkinson of the 1st District offered the following amendment to House Bill No. 279:
To amend by striking the word" Secretary" wherever the same appears in said Act and adding to said Act a new section following Section 25 to he known as Section 25-A, as follows:

Section 25-A. The Joint Secretary of the State Examining Boards shall serve as Secretary of the Board herein created in the same manner as provided by the terms of

2356

JOURNAL OF THE SENATE,

Chapter 84-1, Sections 84-101 and 84-102 of the Code of Georgia of 1933.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Mr. Durden of DoughertyHouse Bill No. 235.

A BILL
To be entitled an Act to amend Section 2 of Article 6 of the Constitution of Georgia by striking Paragraph 1 of said Section 2 and substituting in lieu thereof a new paragraph to be known as Paragraph 2 of Section 2 of Article 6 of said Constitution, to provide where one or more judges of the Supreme Court are disqualified from deciding any case the method in which a qualified judge or judges shall be designated to preside; to provide means for the prevention of delay from congested dockets; to provide for the submission of said amendment to the qualified voters of the State for ratification, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 2 of Article 6 of the Constitution of the State of Georgia is amended by striking paragraph 2 of said section and inserting in lieu thereof a new paragraph to be known as paragraph 2 of Section 2 of Article 6 of the Constitution of Georgia which shall read as follows:

THURSDAY, MARCH 25, 1937.

2357

"Paragraph 2. The court to designate judges to preside, when; means for Supreme Court to prevent delay in congested dockets: When one or more of the judges of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified justices shall designate a judge or judges of the Superior Court to preside in said case."

Section 2. Be it further enacted that if these amendments shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their journals and the yeas and nays taken thereon and the Governor shall cause the amendments to be published in one or more of the newspapers in each Congressional District for at least two months immediately preceding the next general election and the same shall be submitted to the people at the next general election and all persons voting at said election in favor of adopting the proposed amendment to the Constitution set out in Section 1 of this Act shall have written or printed on their ballots the words: "For ratification of the Amendment to Section 2 of Article 6 of the Constitution of Georgia providing for a new paragraph relating to the disposition of cases, in the Supreme Court, where one or more of the justices are disqualified, and prevention of delays from congested dockets" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:" Against ratification of the Amendment to Section 2 of Article 6 of the Constitution of Georgia providing for a new paragraph relating to disposition of cases, in the Supreme Court, where one or more of the justices are disqualified, and prevention of delays from congested dockets." If a majority of electors qualified to vote in favor of the ratification as shown by the consolidation of the returns made as now provided by law for election of members of the said General Assembly, then said amendment shall become Paragraph 2 of Section 2 of Article 6 of the Constitution of this State, and the Governor shall make proclamation thereof.

2358

JOURNAL OF THE SENATE,

Section 3. All laws and parts of law in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, .was agreed to.
On the passage of the bill, 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:

Allen Atkinson Atwood Aultman Brock Burrell Chason Clements
Ennis
Greer Griner Hampton Hardman

Harrell Harrison Holmes Home :Johnson :Jones Kimbrough Knabb Lindsay McCutchen McKenzie Moye Neely

Peebles Peterson Phillips Pope Pruett Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead

Verification of the roll call was dispensed with.

The ayes were 39, the nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

Not voting were: Senators Almand of the 50th District, Burgin of the 24th District, Flynt of the 26th District, Forrester of the 44th District, Fowler of the 39th District, Jackson of the 14th District, Millican of the 35th District, Patten of the 6th District, Purdom of the 46th District, Sammon of the 51st District, and Williams of the 5th District.

By Mr. Horne of BibbHouse Bill No. 78. A bill to promote the prevention and

THURSDAY, MARCH 25, 1937.

2359

cure of cancer; to appropriate $100,000.00 annually therefor; and for other purposes.
The committee offered the following amendments to House Bill No. 78:
To amend by striking $100,000.00 wherever it occurs and inserting $50,000.00.
To further amend Section 4 by striking all of section as written and in lieu thereof rewriting the section as follows:

Section 4. That the sum of $50,000.00 (Fifty Thousand Dollars) is appropriated annually for the purpose of this Act, but the same is to be paid out of the amounts appropriated to the Department of Public Health by the Genera~ Appropriation Bill and the amount of $50,000.00 is to be paid out of that fund and no other.
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, as amended, the roll was called and the vote was as follows":

Those voting in the affirmative were Senators:

Allen Atwood Aultman Brock Burgin Burrell Chason Ennis
Flynt
Forrester Greer Griner Hampton Hardman Harrell

Harrison Holmes Home .Jackson .Johnson .Jones Kimbrough Knabb Lindsay McCutchen McKenzie Moye Neely Patten

Peebles Peterson Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

2360

JouRNAL oF THE SENATE,

Verification of the roll call was dispensed with.

The ayes were 43, the nays 0.

The bill having received the requisite constitutional majority was passed.

Not voting were: Senators Almand of the 50th District,

Atkinson of the 1st District, Clements of the 9th District,

Fowler of the 39th District, Millican of the 35th District,

Phillips of the 29th District, and Sammon of the 51st

District.

-

The hour of 1:00 o'clock having arrived the President announced that the Senate stood recessed until 2:00 o'clock, P.M.

The hour of 2:00 o'clock, P. M., having arrived the President called the Senate to order.

By Messrs. Hill and Joel of ClarkeHouse Bill No. 425. A bill to provide for the selection of
an official organ in certain counties, and for other purposes. An amendment was adopted.
Senator Harrison of the 17th District moved that House Bill No. 425, as amended, be tabled and the motion prevailed.
By Messrs. Cochran of Thomas, Batchelor of Putnam, and Bargeron of Burke-
House Bill No. 310. A bill declaring an emergency concerning the production and sale of milk; to create the milk control board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.

THURSDAY, MARCH 25, 1937.

2361

The bill having received the requisite constitutional majority was passed.

Senator Shannon of the 21st District moved that House Resolution No. 52 be taken from the table. The motion was lost.

By Messrs. Houze of Lowndes and Morris of Douglas-
House Bill No. 194. A bill to regulate and prohibit the storage of game birds, deer, wild turkey and other game animals, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26~ the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Leonard and Elliott of Muscogee-
House Bill No. 190. A bill to amend Sections 84-321 and 84-9903 of the 1933 Code relating to the practice of the profession of architecture in this State, and for other purposes.
Senator Harrell of the 12th District moved that House Bill No. 190 be indefinitely postponed and the motion prevailed.

By Mr. Harrell of Irwin-
House Bill No. 652. A bill appropnatmg the sum of $5,000.00 to Jefferson Davis Memorial Park, and for other purposes ..
The report of the committee, which was favorable to the passage of the bill, was agreed to.

2362

JouRNAL oF THE SENATE,

On the passage of the bill; the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Allen Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Flynt Fowler Greer Griner Hampton

Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Lindsay McKenzie Neely Patten

Peebles Phillips Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 40, the nays 0.

The bill having received the requisite constitutional majority was passed.

Not voting were: Senators Almand of the 50th District, Ennis of the 20th District, Forrester of the 44th Distri~t, Knabb of the 4th District, McCutchen of the 43rd District, Millican of the 35th District, Moye of the 11th District, Pope of the 7th District, and Pruett of the 32nd District.

By Messrs. Coleman of Lowndes, Houston of Worth, and Key of Jasper-
House Bill No. 484. A bill to amend the 1929 Milk Laws by making certain strikes and inserts, and for other purposes.
The following amendment was offered to House Bill No. 484:
To amend by adding to Section 15 as amended the following paragraph:

THURSDAY, MARCH 25, 1937.

2363

Each milk and ice cream brokerage business as herein defined and each milk plant as defined in Section 12 of the Acts of 1929 shall pay an annual license fee of Ten ($10.00) Dollars.
The amendment.was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 91. A bill to amend Section 105-1306 of the 1933 Code providing for the recovery for homicide of the wife or mother, and for other purposes.

Senator Hardman of the 33rd District moved that House Bill No. 91 be tabled and the motion prevailed.

The following report was submitted, read and adopted:

March 25, 1937.

Mr. President:
Your Committee on W. & A. Railroad made its trip of inspection over the road to Chattanooga, Tennessee, on March 13th and 14th and beg leave to submit the following report:
That the roadbed is in excellent condition-properly graveled, new rail on a great portion, right-of-way clean and well kept.

2364

JouRNAL oF THE SENATE,

That the Terminal Facilities in Chattanoqga, Tennessee, are being properly cared for-repairs kept up and painted.
That the Plaza Hotel which is not in the Railroad lease, is well kept and being put in fine condition by the present lessee. A very valuable piece of property.
That the Eastern Hotel, which is not in railroad lease, is well kept and in fair condition, but recommend that the Engineer of the Public Service Commission inspect the Eastern Hotel as to water that runs into the basement and is damaging the foundation of the building.
That we are very much indebted to the Representatives of the L. & N. Railroad that gave us so much information and showed us over the property.
We wish to thank Mr. Jim Clark, of Catoosa County, for his hospitality while in Chattanooga.
Respectfully submitted,
Rov THRASHER, 27th District,
Chairman of W. & A. Committee.

By Mr. Whipple of Bleckley-
House Bill No. 536. A bill to provide for research and work for the further development of the live stock industry in Georgia; to appropriate a sum for 1938 to the Board of Regents of the University System to be expended for such work; and for other purposes.

Senator Hardman of the 33rd District moved that House Bill No. 536 be indefinitely postponed and the motion prevailed.

By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton-
House Bill No. 694.

THURSDAY, MARCH 25, 1937.

2365

A BILL
To be entitled an Act to amend Paragraph II of Section VI of Article VII of the Constitution of the State of Georgia by directing the county authorities of all counties having wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax not exceeding 1,%' mills for educational purposes throughout the entire county, instead of authorizing a levy not exceeding 1 mill throughout the entire county.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Section 1.. That the Constitution of this State is hereby amended as follows, to-wit: By striking from Paragraph II of Section VI of Article VII of the Constitution the following words, to-wit: "Furthermore, in any county in the State which has wholly or partly within its boundaries a city of not less ~han 200,000 population, the county authorities thereof are hereby authorized to levy a tax not exceeding 1 mill for educational purposes, on all the taxable property throughout the entire county, including territory embraced in independent school systems, the same to be appropriated to the use of the county board of education and to educational work directed by them," and by adding in lieu thereof the following: "Furthermore, in any county in the State which has wholly or partly within its boundaries a city of not less than 200,000 population the county authorities thereof are hereby directed upon the request of the Board of Education of such county annually to levy a tax not exceed-
ing 1U mills for educational purposes, on all the taxable
property throughout the entire county, includjpg territory embraced in independent school systems, the same to be appropriated to the use of the County Board of Education and to educational work directed by them."

Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the

2366

JouRNAL OF THE SENATE,

Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yea~ and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.

Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of thjs State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph II of Section VI of Article VII of the Constitution authorizing l,Yz' mill county-wide tax for educational purposes in counties having cities of more than 200,000 population, wholly or partly within their boundaries;" and all persons opposed to the adoption of said amendm~n~ shall have written or printed on their ballots the words," Against ratification of amendment to Paragraph II of Section VI of Article VII of the Constitution authorizing lYz mill countywide tax for educational purposes in counties having cities of more than 200,000 population, wholly or partly within their boundaries." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify

THURSDAY, MARCH 25, 1937.

2367

the result to the Governor, who shall, if such amendment be

ratified, make proclamation thereof.

,

Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, 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:

Allen Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis FJ.yn.t Forrester Fowler Greer

Hampton Hardman Harrell Harrison Holmes Horne Jackson Johnson Kimbrough Lindsay McCutchen McKenzie Millican Moye

Patten Peebles Peterson Phillips Pruett Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams

Verification of the roll call was dispensed with.

The ayes were 41, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.

Not voting were: Senators Almand of the 50th District, Griner of the 45th District, Jones of the 38th District, Knabb of the 4th District, Neely of the 36th District, Purdom of the 46th District, Sammon of the 51st District, and Shannon of the 21st District.

2368

JouRNAL oF THE SENATE,

By Messrs. Lewis of Burke, Lanham of Floyd, Chappell of Sumter, and Hart of Coweta-
House Bill No. 338. A bill to permit Peace Officers of another State of the United States who enters the State of Georgia in fresh pursuit of persons believed to have committed a felony in another State to arrest and hold such person in custody, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following report of the Conference Committee on House Bill No. 140 was submitted, read and adopted:

Mr. President,

Mr. Speaker:
Your Committee of Conferees, appointed to consider House Bill No. 140, commonly known as the" Income Tax Bill" begs leave to submit the following report:
1. Your committee recommends that the Senate recede from its action in adopting Senate amendment No. 1.
2. Your committee recommends that the House recede from its action and accept Senate Amendment No.2.
3. Your committee recommends that the Senate recede from its action in adopting Senate Amendment No.3.
4. Your committee recommends that the Senate and the House both recede to their actions with reference to Senate Amendment No. 4, and that the following be adopted as Section 2 to House Bill No. 140:

THURSDAY, MARCH 25, 1937.

2369

"A tax is hereby imposed upon every resident of the

State, which tax shall be levied, collected, and paid an-

nually, with respect to the entire net income of the tax-

payer as hereinafter defined; and upon every non-resident

with respect to his entire net income not hereinafter ex-

empted, received by such tax-payer from property owned

or from business carried on in this State; computed at the

following rates:



On the first $1,000 or any part thereof. ............ 1%

On all income in excess of$1,000.00 and not exceeding $3,000.00 or any part thereof................... 2%

On all income in excess of $3,000.00 and not exceeding $5,000.00 or any part thereof. . . . . . . . . . . . . . . . . . . 3%

On all income in excess of $5,000.00 and not exceeding $7;000.00 or any part thereof................... 4%

On all income in excess of $7,000.00 and not exceeding $10,000.00 or any part thereof.................. 5%

On all income in excess of $10,000.00 and not exceeding $20,000.00 or any part thereof. . . . . . . . . . . . . . . 6%

On all income in excess of $20,000.00. . . . . . . . . . . . . . 7%

Each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return."

so that said Section 92-3101 of Chapter 92-31 of the Code of Georgia of 1933 as amended shall read as follows:

"A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected and paid annually, with respect to the entire net income of the taxpayer as hereinafter defined; and upon every non-resident with respect to his erttire net income not hereina{ter ex-

2370

JouRNAL oF THE SENATE,

empted, received by such taxpayer from property owned from business carried on in this State; computed at the following rates:
On the first $1,000.00 or any part thereof. ......... 1%
On all income in excess of $1,000.00 and not exceeding $3,000.00 or any part thereof. . . . . . . . . . . . . . . . . . . 2%
On all income in excess of $3,000.00 and not exceeding $5,000.00 or any part thereof. . . . . . . . . . . . . . . . . . . 3%
On all income in excess of $5,000.00 and not exceeding $7,000.00 or any part thereof. .................. 4%
On all income in excess of $7,000.00 and not exceeding $10,000.00 or any part thereof.................. 5%
On all income in excess of $10,000.00 and not exceeding $20,000.00 or any part thereof. . . . . . . . . . . . . . . 6%
On all income in excess of $20,000.00. . . . . . . . . . . . . . 7%
Each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return."
5. Your committee recommends that both the House and. Senate recede from their actions with reference to amendments to Section three and that the words and figures" six" be stricken wherever they appear in said section and that the words and figures"5 Yz"be inserted in lieu thereof and further recommend that the House agree to the Senate amendment to Section three s.ub-section "A" in substituting the figures: $2; $10.00 in lieu of the figures $25.00.
6. Your committee recommends that the House agree to Senate Amendment No. 7.
1. Your committee further recommends that the House agree to Senate Amendment No.8.

THURSDAY, MARCH 25, 1937.

2371

8. Your committee further recommends that the Senate recede from its action in adopting Senate Amendment No.9.
9. Your committee further recommends that the House agree to Senate Amendment No. 10.
10. Your committee further recommends that the House agree to Senate Amendment No. 11.
11. Your committee further recommends that the house agree to Senate Amendment No. 12.

Your committee recommends that the House and Senate ame11d House Bill No. 140 by inserting a new section to follow immediately after Section 20 and to be numbere'd Section 20-A and to read as follows:

Section 20-A. Expense fund; annual budget sheets.-The necessary expenses to carry out the provisions of this law shall be defrayed out of the sums collected thereunder, and the amount thereof shall be fixed annually in advance upon an itemized budget sheet submitted by the State Revenue Commission, 30 days prior to the meeting of the General Assembly, accol}lpanied by an itemized report of the expenditures made for the preceding year, when approved by the Governor. Said expense fund, or so much thereof as shall be needed shall be drawn upon the warrants of the Governor, supported by bills of particulars and vouchers submitted by the State Revenue Commission: Provided, that said expense fund as shown by said approved budget sheets shall be set aside out of the first collection made hereunder in any fiscal year, and provided the sums used to defray said expenses shall not exceed three per cent of the total revenue derived under this law.
Respectfully submitted,

On the part of the Senate: ATKINSON of the 1st District,

2372

JouRNAL oF THE SENATE,

ALLEN of the 31st District, MILLICAN of the 35th District.

On the part of the House: SIMMONS of Decatur, MILLER of Lanier, GRoss of Stephens.
The following report of the Conference Committee on House Bill No. 321 was submitted, read and adopted:

Mr. Preside?11,
Mr. Speaker:
Your Conference Committee on House Bill No. 321 beg leave to report that the committee have failed to agree and recommend that the Conference Committee be discharged and a new Conference Committee be appointed.

On the part of the Senate: MILLICAN of the 35th District, PuRDOM of the 46th District, PoPE of the 7th District.
On the part of the House: FREEMAN of Bibb, CHAPPELL of Sumter, HousToN of Worth.
The President named as a second Conference Committee

THURSDAY, MARCH 25, 1937.

2373

on the part of the Senate on House Bill No. 321, known as the Motor Vehicle Maintenance Tax Act, the following:

Senators Jones of the 38th District, Jackson of the 14th District, and Phillips of the 29th District.

The following report of the Conference Committee on House Bill No. 107 was submitted, read and adopted:
Conference Committee report on House Bill No. 107 and Committee Substitute to House Bill No. 107, known as the Chain Store Tax:
1-That the House accept the Committee Substitute ~~opted by the Senate with the exception of the followmg:
2-That the House and Senate both recede from Senate Amendment No. 1 and in lieu thereof the rate for the first store be fixed at $2.00.
3-That the House and Senate both recede in line 4 of Section 3 and add after the word "retail" the following" or distributed."
4-That the House and Senate both recede from Section 3-B and a new section be inserted to read as follows: "Factories, depots, warehouses, stores, or other places where only fertilizer and/or cottonseed products or other exclusive agricultural products are sold in hulk only; or where meat or meat products are sold by the persons, firms, or corporations slaughtering the animals from which said meat 'or meat products are obtained and prepared for sale and selling, at least 90,% of volume at wholesale."
5-That the House and Senate b0th recede from Section 3-D as well as the Sen~te: Amendment covering this sectldri ahd insert a new :section reading as follows:

2374

JouRNAL oF THE SENATE,

"Depots, dairies and vehicles used only in the delivery or sale of milk or butter, cheese, ice cream, or other dairy products or malt beverages."
6-That the House and Senate both recede from Section 3-G and a new section inserted reading as follows: "Stores, yards, warehouses, plants, or vehicles used for the purpose of storing, manufacturing, selling, or delivering only building materials, and/or coal, charcoal, wood, or coke.
7-That the House and Senate both recede from Section 4 and a new section inserted reading as follows: "The term 'store' as used in this Act shall not be construed to mean or include any place of business at which the principal business conducted is that of selling, storing, or distributing petroleum products."
8-That the Senate recede from the following language in Section 5 and same be stricken" Nothing in this section shall be construed to mean or include sale and delivery of motor vehicles, automobile agencies, or exclusive franchise for the wholesale or retail distribution of motor vehicles."
9-That the House and Senate recede from the following words in Section 5 after the word selling "a general line of merchandise" and inserting in lieu thereof the following" goods, wares or merchandise."
10--:-That the House accept the amendments to Section 8 and Section 9 adopted by the Senate covering the words "the duty."
11-That the Senate recede from its position on the amendment of Senator Harrell and shown as Number 11.
12-That the House and Senate both recede from the amendment of Senator Pope known as Section 1-A and in lieu thereof, the following be adopted: "That because of the manifest advantages accruing from the operation of mail

TiiURSDAY, MARCH 25, 1937.

2375

order stores collateral to, and in conjunction with, the operation of a mail order or catalogue sales type of business, and because of the basic differences inherent in the operation of such a mail order or catalogue sales business there be and is hereby levied an annual license tax upon each mail order store engaged in the sale of goods, wares or merchandise within the State of Georgia, where such store is owned, operated, managed or controlled, directly or indirectly, by any person, firm, partnership, corporation or association of persons engaged in the business of selling by mail or in the distribution of catalogues within this State and the filling of orders at retail for merchandise displayed therein as follows:

(1) Upon one store, the annual license fee shall be Two Thousand Dollars ($2,000.00).

(2) For a chain of two stores, the annual license fee shall be Four Thousand Dollars ($4,000.00) per store.

(3) For a chain of three stores the annual license fee shall be Six Thousand Dollars ($6,000.00) per store.

(4) For a chain of four stores the annual license fee shall be Eight Thousand Dollars ($8,000.00) per store.

(5) Upon each store in ex_!:ess of four stores the annual license fee shall be Ten Thousand Dollars ($10,000.00) for each additional store.

Provided, however, that all retail stores operating subservient to such mail order houses and under the same name, shall be exempt from the tax set forth above, except as set forth in Section No. 1 of this Act.

Provided, further that the tax imposed in this section shall not apply to and shall not be levied upon any store whose catalogue or order list q)Vers only: Seeds, trees, flowers, bulbs, roots, shrubbery, horticultural or agri-

2376

JouRNAL oF THE SENATE,

cultural products, fertilizer, tomb stones, or other marble products or any of them.

On the part of the Senate: MILLICAN of the 35th District, Chairman.. FowLER of the 39th District, PuRDOM of the 46th District.

On the part of the House:
LANIER of Richmond, Chairman.
PARKER of Colquitt, HARVEY of Upson.

The following report of the Conference Committee on House Bill No. 56 was submitted, read and adopted:

Mr. Speaker,
Mr. President: Your Conference Committee on House Bill No. 56 respect-
fully submits the following report:
Your committee recommends that the Senate recede from its position on the following words of the Senate amendment to House Bill No. 56: "by striking the last sentence in Section 1 and."
Your committee recommends that the House recede from its position on the remainder of said amendment.
Respectfully submitted,
Conft:rees on the part of the Senate:
bNDSAY of the 34th District,

THURSDAY, MARCH 25, 1937.

2377

HARRISON of the 17th District, GRINER of the 45th District.

Conferees on the part of the House: . BREWTON of Evans, GRoss of Stephens, MARSHALL of Macon.

The following report of the Conference Committee on Senate Bill No. 133 was submitted, read and adopted:

Mr. President,
Mr. Speaker: Your Committee on Conference appointed to confer on
Senate Bill No. 133 have conferred and beg leave to submit this our Conference Committee Report:
We recommend that the Senate recede from its position in disagreeing to the House amendments.
We recommend that the House recede froin its position in the adoption of said amendments.
And we recommend that the amendments be adopted and the caption of the bill be changed thusly. That the following words be stricken:" to provide for the continuation of contracts already in existence."

Respectfully submitted, Co~ferees on the part of the Senate:
MILLICAN of the 35th District, KNABB of the 4th District, FoRRESTER of the 44th District.

2378

JouRNAL OF THE SENATE,

Conferees on the part of the House: SwiNDLE of Berrien, SM:TH of Dodge, CoLEMAN of Lowndes.

The following message of the House was received through Mr. Kingery, the Clerk thereof:
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

By Mr. Simmons of DecaturHouse Bill No. 140. Income Tax Bill.

By Mr. Dugas of White-
House Bill No. 833. A bill to provide a tax to be known as the Commodities Stamp Tax on the sale or purchase of certain commodities and the contracts therefor, and for other purposes.

Senator Hardman of the 33rd District moved that House Bill No. 833 be indefinitely postponed. The motion prevailed.

Senator Ennis of the 20th District arose to a point of personal privilege and addressed himself to the Senate.

Senator Neely of the 36th District moved that the Senate reconsider its action in indefinitely postponing House Bill No. 833.
On the motion by Senator Neely, Senator Ennis of the 20th District called for the ayes and nays and the call was sustained.
The President ruled Senator Neely's motion out of order.
Senator Burgin of the 24th District asked unanimous con-

THURSDAY, MARCH 25, 1937.

2379

sent that the Senate do now recess until 7:30 o'clock, P.M., at which time it reconvene and remain in session until otherwise ordered by the Senate. The consent was granted.

The President announced that the Senate stood recessed until 7:30 o'clock, P.M.

The hour of 7:30 o'clock, P. M., having arrived the President called the Senate to order.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters has
had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 400 do not pass.
House Bill No. 327 do pass.
Respectfully submitted,
JACKSON, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following qill of the House and has instructed me, as chairman, to report the same back to

2380

JouRNAL OF THE SENATE,

the Senate with the recommendation that the same do not pass:
House Bill No. 749.
Respectfully submitted,
JAcKSON, Chairman.

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

Mr. President:
The House has passed, as amended, the following bill of the Senate, to-wit:

By Senators Spivey of the 16th District and Atkinson of the 1st District-
Senate Bill No. 238. A bill to be entitled an Act to amend Code Section 114-107 in reference to workmen's compensation awards, and for other purposes.

Mr. President:
The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate to House Bill No. 548, "A bill regulat:ing insurance and insurance companies having no agents or agencies in this State, and for other purposes," the following members of the House, to-wit:

Messrs. Simmons of Decatur, Elliott of Muscogee, and Turner of DeKalb.

The House has passed, as amended, the following bill of the Senate, to-wit:

THURSDAY, MARCH 25, 1937.

2381

By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District-
Senate Bill No. 241. A bill to be entitled an Act to declare the necessity of creating public bodies corporate and politic to be known as housing authorities to undertake slum clearance and projects to provide dwelling recommendations for persons of low income.
The House has passed by the requisite constitutional majority the following bill of the Senate, ta-wit:

By Senator Terrell of the 19th District-
Senate Bill No. 124. A bill to be entitled an Act to amend Title 73 ("Paints, Oils, and Petroleum Products, etc.,") for the purpose of preventing deception, substitution and misbranding in the storing, selling or offering for sale of liquid fuel, slubricating oils, greases, and/or other similar products.
The House has passed, as amended, the following bill of the Senate, to-wit:

By Senator Lindsay of the 34th District-
Senate Bill No. 250. A bill to be entitled an Act to amend Georgia Code of 1933, entitled" Department of Audits a11:d Accounts," by adding a new section to empower the State Auditor to issue summons, to "compel the appearance of witnesses, to administer oaths, etc., and for other purposes.

Mr. President:
The House has agreed to the Committee of Conference on House Bill No. 321, "Maintenance Tax on Vehicles," and
. the Speaker has appointed a Second Conference Committee
on the part of the House to confer with a lik.e committee on

2382

JouRNAL OF THE SENATE,

the part of the Senate on said bill No. 321, the following members of the House, to-wit:

Messrs. Trapnell of Candler,
McCracken of Jefferson, and
Houston of Worth.
The House has adopted the report of the Committee of Conference on House Bill No. 107, "Chain Store Tax."
The House has adopted the report of the Committee of Conference on Senate Bill No. 133, "A bill creating the Supervisor of Purchases within the Executive Department."
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:

By Messrs. Key of Jasper and Coleman of Lowndes-
House Bill No. 548. A bill to be entitled an Act regulating insurance _and insurance companies; prescribing a method by which suits may be instituted, etc.; and for other purposes.
The House has adopted the report of the Committee of Conference on House Bill No. 56, "Barber's and Beautician's Bill."
The House has passed, as amended, the following bill of the Senate, to-wit:

By Senators Purdom of the 46th District, Atkinson of the 1st District, and Spivey of the 16th District-
Senate Bill No. 150. A bill to regulate the practice of general road and street contracting in Georgia, and for other purposes.
The House has agreed to the Senate amendments to the following bill of the House, to-wit:

THURSDAY, MARCH 25, 1937.

2383

By Mr. Almand of Walton-
House Bill No. 147. A bill to be entitled an Act to amend an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.

Mr. President:
The House has adopted by the requisite constitutional majority the Conference Committee report on House Bill No. 761.
The House has read and agreed to the Senate amendments to House Bills Nos. 695, 533, and House Bill No. 78.

Mr. President:
The House has agreed to the Senate amendments to the following bills or resolutions of the House, to-wit:

By Messrs. Larsen and Dampier of LaurensHouse Bill No. 460. A bill to provide for the compensa-
tion of Jury Commissioners, and for other purposes.
By Mr. Coleman of Lowndes and othersHouse Bill No. 484. A bill to amend the Milk Laws, and
for other purposes.

By Mr. Sutton of Wilkes-
House Resolution No. 10-41a. A resolution proposing a constitutional amendment enlarging the jurisdiction of Justices of the Peace.
The report of the Committee of Conference has been adopted by the House to the following bill or resolution of the House and Senate, to-wit:
Senate Bill No. 150 and House Resolution No. 233-844a.

2384

JouRNAL oF THE SENATE,

Mr. President: The House has passed, as amended, the following bill of
the Senate:
By Senators Atkinson of the 1st District, Lindsay of the 34th District, and others-
Senate Bill No. 249. A bill to establish the Georgia Radio Commission, and for other purposes.
Mr. President:
The House has passed by the requisite constitutional majority the following bill and/or resolution of the Senate, to-wit:
By Senator McCutchen of the 43rd District-
Senate Resolution No. 17. A resolution proposing a constitutional amendment authorizing City of Dalton to pass and enforce zoning laws.

By Senator Millican of the 35th District- .
Senate Bill No. 259. A bill to be entitled an Act to authorize Street Railroads to be substituted by "Trackless trolleys," and for other purposes.

Mr. President:
The Speaker has appointed on the part of the House as a Committee of Conference to confer with a like committee on the part of the Senate on Senate Bill No. 150, "A bill to regulate the practice of general road and street contracting in Georgia," the following members of the House, to-wit:

Messrs. Larsen o( Laurens, Watkins of Butts, and Dugas bf White.

THURSDAY, MARCH 25, 1937.

2385

The House has passed by a requisite constitutional majority the following bill of the Senate, to-wit:

By Senator Millican of the 35th District-
Senate Bill No. 235. A bill offering an amendment to the Constitution by providing Atlanta to issue refunding bonds; to provide for the submission of this amendment to the vote of the people; and for other purposes.

Mr. President:
The House has adopted the report of the Committee of Conference on House Bill No. 321, "Maintenance Tax."

Senator Lindsay of the 34th District moved that the Senate do now go into Executive Session and the motion prevailed.
The President ordered the floor and gallery of the Senate cleared of all persons not entitled to the privileges of the floor during Executive Session.

The following communication was transmitted to His Excellency, the Governor, by the Secretary of the Senate:

March 25, 1937.
HoN. E. D. RIVERs,
Governor of Georgia, Executive Department.
Dear Governor Rivers: In conformity with the rules governing Executive Sessions
of the State Senate I ask leave to report as follows: Under date of March 25, 1937, the State Senate received
the following nomination:

2386

JouRNAL OF THE SENATE,

Han. R. F. Burch, Jr., of the County of Dodge, to be Commissioner of Natural Resources, for a term of four years, beginning this date and expiring March 25, 1941.
The above nomination was confirmed by the Senate, the vote being 41 to 0.
Under date of March 25, 1937, the State Senate received the following nomination:
Han. Frank Heyward, of the County of Chatham, to be Director of Forestry, for a term of four years, beginning this date and expiring on the 25th day of March, 1941.
The above nomination was confirmed by the Senate, the vote being 38 to 0.
Sincerely yours,
JoHN W. HAMMOND,
.Secretary State Senate.

HaN. E. D. RIVERS,
Governor of Georgia, Executive Department.

March 25, 1937.

Dear Governor Rivers:
Conforming with the rules governing executive sessions I beg to report as follows:
The State Senate, under date of March 25th, received the following nomination:
Han. Arlie D. Tucker, of the County of Berrien, to be a Director of Industrial Commission, for a term beginning February 2, 1937, expiring September 29, 1940.

THURSDAY, MARCH 25, 1937.

2387

The above nomination and appointment was confirmed by the State Senate on this date, the vote being 46 to 0.
Sincerely yours,
JOHN w. HAMMOND,
Secretary Senate.

HoN. E. D. RIVERs, Governor of Georgia, Executive Department.

March 25th, 1937.

Dear Governor Rirers:

Under date of March 25th the State Senate received the

following nomination:



Hon. J. B. Jones, to be a Member and Chairman of the State Revenue Commission, for a term of four years, beginning on August 14, 1937, and expiring on August 14, 1941.

The above nomination was confirmed by the State Senate, the vote being 43 to 0.

Sincerely yours, JOHN W. HAMMOND, Secretary State Senate.

HoN. E. D. RIVERs, Governor of Georgia, Executive Department,

March 25, 1937.

Dear Governor Rivers:
In conformity with the rules governing Executive Sessions of the State Senate, I beg to report as follows:

2388

JouRNAL oF THE SENATE,

Under date of March 25th, the Senate received your nomination of Hon. M. S. Yeomans, of the County of Terrell, to be State Entomologist for a term of four years beginning this date and expiring March 25, 1941.

This nomination was confirmed by a vote of 43-0.

Under date of March 25th, the State Senate received from you the following nominations:

Han. Marion Smith, of the County of Fulton, to be a member of the Board of Regents, State at Large, to serve at the pleasure of the Governor.

Han. John G. Kennedy, of the First Congressional District, to be a member of the Board of Regents for a term beginning July 1, 1937, and expiring July 1, 1943.

Han. G. C. Woodruff, of the Third Congressional District, to be a member of the Board of Regents for a term beginning July 1, 1937, and expiring July 1, 1943.

Han. Clark Howell, of the Fifth Congressional District, to be a member of the Board of Regents for a term beginning July 1, 1937, and expiring July 1, 1943.

Han. John W. Bennett, Sr., of the Eighth Congressional District, to be a member of the Board of Regents for a term beginning July 1, 1937, and expiring July 1, 1943.

Han. Abit Nix, of the Tenth Congressional District, to be a member of the Board of Regents for a term beginning July 1, 1937, and expiring July 1, 1943.

Han. George Hains, of the County of Richmond, to be a member of the Board of Regents, State at Large, for a term beginning this date, and expiring July 1, 1940.

THURSDAY, MARCH 25, 1937.

2389

Hon. Jack Lance, of the County of Towns, to be a member of the Board of Regents, State at Large, for a term beginning this date, and expiring July 1, 1942.

Hon. J. K. Gholston, of the County of Madison, to be a member of the Board of Regents, State at Large, for a term beginning this date, and expiring July 1, 1940.

Hon. L. W. Robert, Jr., of the County of Fulton, to be a member of the Board of Regents, State at Large, for a term beginning this date, and expiring July 1, 1942.
All of the foregoing nominations were confirmed by the Senate, the vote being 46 to 0.
Under date of March 25, the State Senate received the following nominations:

Hon. Zach Arnold to be Judge of the City Court of Fort Gaines for the unexpired term of Hon. Ben M. Turnipseed, expiring on August 27, 1937, and for a full term of two years, beginning August 27, 1937, and expiring August 27, 1939.
Hon. Patrick C. King, to be Solicitor of the City Court of Fort Gaines for the unexpired term of Hon. Zach Arnold, expiring on August 27, 1937, and for a full term of two years beginning August 27, 1937, and expiring August 27, 1939.
The foregoing nominations were confirmed by the Senate, the vote being 46 to 0.
Under date of March 25, the State Senate received the following nominations:

Hon. W. D. Tutt, to be Judge of the City Court of Elberton, for a term beginning this date, and expiring December 24, 1940.
Hon. Peyton S. Hawes, to be Solicitor of the City Court of Elberton, for a term beginning this date, and expiring December 24, 1940.

2390

JouRNAL oF THE SENATE,

Hon. W. W. Armistead, to be Judge of the City Court of Lexington, for a term beginning December 14, 1935, and expiring December 14, 1939.

Hon. Glenn Asbell, to be Solicitor of the County Court of Wilkinson County, for a term beginning May 9, 1937, and expiring May 9, 1941.
All of the foregoing nominations were confirmed by the State Senate, the vote being 46 to 0.
Under date of March 25, the following nominations were received by the State Senate:

Hon. Harry Monroe, of the County of Fulton, to be a Director ofindustrial Commission, for the unexpired term of Hon. R. S. Elrod, of the County of Fulton, expiring October 1, 1938.

Hon. Charles Elliott, of the County of Newton, to be Director of State Parks, Historic Sites, and Monuments, for a term of four years, beginning this date and expiring March 25, 1941.

Hon. R. C. Ellis, of the Third Congressional District, to be a mem her of the State Board ofHealth, for a term beginning September 1, 1936, and expiring September 1, 1942.

Hon. Robert F. Maddox, of the Fifth Congressional District, to be a member of the State Board of Health,. for a term beginning September 1, 1936, and expiring September 1, 1942.
Hon. J. G. Williams, of the County of Fulton, to be a
member of the State Board of Health, State at Large, for the unexpired term of Hon. William Winston, of the County of Floyd, expiring September 1, 1940.

THURSDAY, MARCH 25, 1937.

2391

Hon. W. T. Edmunds, of the County of Richmond to be a member of the State Board of Health, State at Large, for.the unexpired term of Hon. Claude Roundtree, of the County of Thomas, expiring Septemher 1, 1941.
All of the foregoing nominations were confirmed by the . State Senate, the vote being 46 to 0.
Sincerely yours,
JOHN \V. HAMMOND,
Secretary State Senate.
The President called the Senate to order.

The following communication from His Excellency, the Governor, was read:

March 25, 19.37.

HoN. JoHN B. SPIVEY, President, And Members of the Senate, State Capitol, Atlanta, Ga.

Dear Mr. President and Senators:
As the hour of your Sine Die adjournment is near at hand I wish to express to you my congratulations upon the wonderful accomplishments of this session. It will go down in history, in my judgment, as the greatest single session of the General Assembly ever held in this great State. You have labored faithfully, ably, patriotically and untiringly for the progress and prosperity of our people. Your humanitarian enactments will find fruition in a more abundant life for the masses of this State. You have given Georgia a "New Deal."
It has been a pleasure to cooperate with you and to work with you. It will, at your adjournment, devolve upon the

2392

JouRNAL oF THE SENATE,

Executive Department of the government to administer the splendid laws you have enacted. I am just hoping and praying that the Executive branch of the government will be able .to administer these measures approaching the manner in which you have enacted them.
Your record for harmony and accomplishment is echoed in the hearts of every Georgian. I join them in this final message in paying tribute to you. I love you and honor you and want you to ever feel free to give me the benefit of your advice and counsel and suggestions between sessions as well as when you are in session.
I trust you will have a pleasant trip home and find your loved ones well and happy and your private affairs prosperous.
Respectfully,
E. D. RIVERS,
Governor.

Senate Bill No. 150, a bill to regulate the practice of general road and street contracting, was taken up for the purpose of considering the following House amendments thereto, to-wit:

By Mr. Allison of Gwinnett County-
To amend by striking the word" Secretary" and the word "Treasurer" wherever said words appear in said Act and adding to said Act a new section, following Section 15, to be known as Section 15-A, as follows:

"Section 15-A. The Joint Secretary of the State Examining Boards shall serve as Secretary of the Board herein created in the same manner as provided by the terms of Chapter 84-1, Sections 84-101 and 84-102 of the Code of Georgia of 1933."

THURSDAY, MARCH 25, 1937.

2393

Provided further, that the words" Joint Secretary" shall be used wherever the word "Secretary" appears in said Act.
The Senate disagreed to the House amendments to Senate Bill No. 150, and requested the appointment of a Conference Committee.
The President appointed as a committee on the part of the Senate the following:

Senators Purdom of the 46th District,
Patten of the 6th District, and
Atkinson of the 1st District.
The Senate insisted upon its position on House Bill No. 548 and requested the appointment of a Conference Committee.
The President appointed as a Conference Committee on House Bill No. 548 on the part of the Senate the following:

Senators Pope of the 7th District,
Lindsay of the 34th District, and
Shedd of the 3rd District.
Senate Bill No. 250, a bill increasing the powers of the State Auditor, was taken up for the purpose of considering the following House amendments thereto:
By Messrs. Deal of Bulloch and Evans of McDuffieTo amend by striking from the caption and body of the
bill air references to granting immunity to witnesses.
The Senate agreed to the House amendments to Senate Bill No. 250.
Senate Bill No. 241, a bill declaring the necessity of creating public bodies to be known as housing authorities, was taken up for the purpose of considering the following House amendments thereto:

2394

JouRNAL OF THE SENATE,

By Messrs. Harris of Richmond and Parker of Colquitt-
To amend by adding at the end of Section 4 of said bill the following:

"There is hereby created a State Housing Authority Board consisting of five members, to-wit: The State Treasurer, State School Superintendent, Secretary of State, Chairman of the State Planning Board and the Governor, as an exofficio member. The authorities in the municipalities or counties authorized to be established under the terms of this Act shall, after the adoption of the resolution provided for herein concerning the various subject matters of this Act, shall forward a copy of said resolution to the State Housing Authority Board together with a complete analysis of the projects to be undertaken, in such manner as may be prescribed by said State Housing Authority Board and none of the local sub-divisions of this authority shall be permitted to exercise any of the duties and privileges, or do any of the acts or things authorized herein, without first securihg the approval of the State Housing Authority Board. No project shall be undertaken without such approval of said State Housing Authority Board and said board shall have the right of refusal and the ultimate power to vote any Act or project of any public body or local Housing Authority Board as defined in this Act.

Moves to further amend said Senate Bill No. 241 by adding to the caption the following words:

"To establish a State Housing Authority Board !lnd to define its authority."

The Senate agreed to the House amendments to Senate Bill No. 241.

The following report of the Conference Committee on House Resolution No. 233 was submitted, read and adopted:

THURSDAY, MARCH 25, 1937.

2395

Mr. Speaker,

Mr. President:
Your Committee on Conference on the part of the House and on the part of the Senate having had under consideration House Resolution No. 233-844a beg leave to submit the following report:
(1) Your committee recommends that the House recede from its position in rejecting Senate Amendment No. 1, which provides as follows:" Be it further resolved that any funds received by the State of Georgia as a result of this resolution be and they are hereby allocated to the State Radio Commission as it sees fit in carrying out the functions .of said commission."
(2) Your committee recommends that the House recede from its position in rejecting Senate Amendment No. 2, as follows:
By adding after the word" Dixie Terminal Building Company" wherever the same appears in said resolution the words" and the United States Cold Storage Corporation."
(3) Your committee recommends that the Senate recede from its position on Senate Amendment No. 3 in so far as it provides for a commission authorized to cancel contracts and lease unless building specified therein is erected as specified on August 1st, 1937, and providing further for the forfeiture of bonds and money posted by lessee and your committee recommends further that both the House and Senate adopt in lieu thereof the following amendment:
"There is hereby created a commission consisting of State Treasurer, State School Superintendent and the Governor who are authorized and empowered to act for and in behalf of the State of Georgia in dealing with the State property known as the old Union Depot property in the City of Atlanta. Said commission is hereby authorized and empow-

2396

JouRNAL oF THE SENATE,

ered to cancel the contract between the State of Georgia and the Dixie Terminal Building Company or the United States Cold Storage Corporation and the lease of the old Union Depot site in the City of Atlanta if the Dixie Terminal Building Company or the United States Cold Storage Corporation has not completed the erection of the buildings per the terms stipulated in the contract on or before August 1st, 1937.
"Be it resolved further that said commission is authorized in behalf of the State of Georgia to declare all bonds and money posted by the Dixie Terminal Building Company or the United States Cold Storage Corporation forfeited to the State in the event the terms of the contract and lease aforesaid are not complied with in accordance with the terms thereof on or before August 1st, 1937.
"Be it resolved further that said commission be and it is hereby authorized and empowered to act for and in behalf of the State of Georgia in negotiating and executing another lease or leases, contract or contracts, in connection with the property herein mentioned." The House recedes from any contrary position it may have taken.

Respectfully submitted,

On the part of the House: SANDERS of Coweta, PILCHER of Warren, DuKES of Washington.

On the part of the Senate: THRASHER of the 27th District, LINDSAY of the 34th District, ATKINSON of the 1st District.

THURSDAY, MARCH 25, 1937.

2397

The following report of the Conference Committee on House Bill No. 761 was submitted~ read and adopted:

Mr. President,

Mr. Speaker:
Your Conference Committee on House Bill No. 761 (The General Appropriation Bill) recommends as foliows:
1. The House agrees to Senate Amendment No. 1 adding an item to Section 1 for repairs to and equipment for the Executive Mansion $25,000.00 but your Conference Committee adds the words" for the fiscal year 1938 only."
2. The House agrees to Senate Amendment No. 2 which adds the words" for the fiscal year 1938 only" to item (c) of Section 1.
3. The House agrees to the Senate Amendment No. 3 which adds the words "The Confederate Cemetery at Cassville, Resaca, and other Confederate Cemeteries over the State" after the word" Marietta" in item (a) of Section 1.
4. The House agrees to the Senate Amendment No. 4 which adds an item to Section 3 appropriating the allocation fixed by law for the operative cost to administer the Motor Fuel Tax Act and which strikes the proviso directing that ~ of 1% of the gasoline and kerosene tax be paid into the general fund of the Treasury.
5. The House agrees to the Senate Amendment No. 5 which allots 20% of the appropriation to the Department of Agriculture to the Veterinary Division (Section 14).
6. The House agrees to the Senate Amendment No. 6 correcting the fiscal years named in the proviso to item (a) Section 15.
7. The House agrees to the Senate amendment adding a new item to Section 15 as follows: To cooperate wit~ the

2398

JouRNAL OF THE SENATE,

Federal Government in reviving the Sea Island Cotton Industry in the State of Georgia, of which $3,500.00 to be made immediately available, $7,500.00.
8. The House agrees to the Senate Amendment No. 8 which increases the amount of item (b) Section 16 from $75,000.00 to $95,300.()().
9., The House agrees to the Senate amendment amending Section 16, item (c) by striking all of the provisos and inserting the following:
"Provided, that from this item $15,000.00 in each of the fiscal years shall be allotted to the work of stream gaging and water analysis in this State in cooperation with the United States Geological Survey.
"Provided, further, that from this item a competent mining engineer shall be employed to make a survey of the State from the standpoint of economic production of gold and other minerals in cooperation with School of Mines of Georgia School of Technology."
10. The House agrees to Senate Amendment No. 10 which strikes the period at the end of the preceding amendment (No.9) and adds the words "and North Georgia College in the discretion of Board of Regents."
11. The House agrees to the Senate Amendment No. 11 which strikes the words ''and directed" from the provisos to item (d) of Section 16.
12. The House agrees to the Senate Amendment No. 12 adding a new section after Section 19 as follows:
"Section 20. Public Safety Commission.
(a) For the operating cost ofthe Commission . . . . . 97% of the allocation fixed by law."
"Provided, that the appropriation for either fiscal year shall not exceed $350,000.00, as provided in the Act approved March 19, 1937."

THURSDAY, MARCH 25, 1937.

2399

And by appropriately renumbering the sections following.
13. The House agrees to Senate Amendment No. 13 by adding an item to Section 20 as follows: "that the sum of $2,000.00 be appropriated for the purchase of thirty-five (35) acres ofland and house located in center of State Farm."
14. The House agrees to the Senate Amendment No. 14 which adds after item (c) Section 21 the words "Provided that the Public Welfare Department shall use Thirty Thousand Dollars of the above amount or so much thereof as may be necessary for the construction of a Cold Storage Plant at the Milledgeville State Hospital for the processing and curing of Georgia cattle and hogs for use of said hospital."
15. The House agrees to the Senate Amendment No. 15 to Section 23 by adding after item (c) the following:
"and provided further that the amounts set out under item (c) of this section and appropriated for the fiscal years ending June 30, 1938, and June 30, 1939, respectively except as to the amounts allocated by law for free text books, and appropriated under item B hereof, shall be inclusive of, and not in addition to, all amounts realized from taxes, fees and collections specially allocated for the support of the common schools under paragraph 1 of section 3 of Article 8 of the Constitution andjor any special law now, or hereafter to become operative, making specific allocations for the support of the common schools."
16. The House agrees to the Senate Amendment No. 16 to Section 25, item tc) adding after the word "tobacco" the words "and other types of tobacco."
17. The Conference Committee amends Section 25 by adding a new item as follows:
"(a) For the operating cost of the State Soil Conserva. tion Committee, $10,000.00."
18~ The House agrees to the Senate Amendment No. 17 providing a new section as follows:

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JouRNAL oF THE SENATE,

"This Act shall apply for the fiscal year ending June 30, 1938, and June 30, 1939, and to each and every year thereafter until amended or repealed by laws." But your Conference Committee.amends by adding the words" as appropriated for the fiscal year ending June 30, 1939."
19. The House agrees to the Senate amendment adding a new section as follows:
"In the event any duties, purposes and objects for which appropriations are made in this Act, shall be transferred under authority of law to a State agency other than that to which appropriated, the appropriations for such duties, purposes and objects shall follow to such State agency to which the duties are transferred; and, in case the appropriation to be so transferred is not a separate item, the Governor, the State Auditor, and the head of the State agency to which the appropriation is made in this Act, are authorized to determine the amount to be transferred and set up to the transferee State agency. Nothing in this section shall be construed to increase any appropriation for the duties, purposes and objects named in this Act."
Respectfully submitted,

On the part of the Senate: PRUETT of the 32nd District, ENNIS of the 20th District, ATKINSON of the 1st District.

On the part of the House: KEY of Jasper, CoLEMAN of Lowndes, HoDGES of Liberty.

The Senate recessed subject to the call of the Chair.

. THURSDAY, MARCH 25, 1937.

2401

Senator Purdom of the 46th District, presiding, called the Senate to order.

Hon. L. C. Smith of Swainsboro, Ga., representing a delegation of Swainsboro friends of President Spivey, presented to President Spivey a beautiful Silver service as a token of thelove and affection of the citizens of Swainsboro.

Senator Williams of the 5th District read the following resolution which was adopted:

A RESOLUTION
By Senators Williams of the 5th District, Atkinson of the 1st District, Purdom of the 46th District, and Patten of the 6th District-
Whereas, the 1937 and 1938 Session of the General Assembly is drawing to a close; and,
Whereas, it has been the pleasure of those who have been associated in conducting the affairs of the Senate to work together most harmoniously and with the utmost cooperation and consideration,
Therefore, we take this means and opportunity to express our sincere thanks and deep appreciation for the thoughtful consideration and courtesy and sy:mpathetic handling of all matters by our beloved President,1John B. Spivey. We also wish to include in our expressions of thanks and appreciation, the thoughtful cooperation shown at all times by the following:
J. H. TERRELL, President Pro Tern.
JOHN W. HAMMOND, Secretary of the Senate.
HENRY W. NEVIN, Assistant Secretary.
CARTER C. PETERSON, Assistant Secretary.
HAMP McWHoRTER,

2402

JouRNAL OF THE SENATE,

H. B. BLOODWORTH, Messenger, PERRY GRIFFIN, Doorkeeper,
J. E. BISHOP,
HARRIETT vANDIVER, IRENE Cox, SMITH WARD, MRs. GoRDON CLARKE, MRs. JERRY CHIPMAN, MARY TERRELL, ALTHEA PouNCEY,
w. L. DENTON.

Senator Atkinson of the 1st District presented President Spivey with beautiful silverware from the members of the Senate.

The President Pro Tempore, the Secretary and other officials of the Senate were presented with beautiful gifts.

The President resumed the Chair.

The following report of the Conference Committee on Senate Bill No. 150 was submitted, read and adopted:

Mr. President,

March 25, 1937.

Mr. Speaker:
The Conference Committees of the House and Senate having had under consideration Senate Bill No. 150 beg leave to report as follows:

THURSDAY, MARCH 25, 1937.

2403

The House recedes from its position, and agrees to strike its amendment.

Respectfully submitted,

On the part of the Senate: PuRDOM of the 46th District, PAITEN of the 6th District, ATKINSON of the 1st District.

On the part of the House: DuGAS of White, WATKINS of Butts, LARSEN of Laurens.

The following report of the Conference Committee on, House Bill No. 321 was submitted, read and adopted:

Mr. Presidenl,

Mr. Speaker:
Report of Conference Committee on House Bill No. 321:
Your committee recommends that the House accept Senate substitute to House Bill No. 321 as follows:
1. That the Senate recede from Amendment No. 1.
2. That both the House and Senate recede from Senate Amendment No. 2 and in lieu thereof the following be added at the end of paragraph C of Section 2: "That trailer in this Act does not mean trailers used for small luggage or boats."
3. That the Senate recede from its position on Senate Amendment No.3.

2404

JouRNAL OF THE SENATE,

4. That the Senate recede from Senate Amendment No.4.
5. That the Senate recede from Senate Amendment
No.5.
6. That the House accept Senate Amendment No. 6.
7. That both the House and Senate recede from Senate Amendment No. 7 and a new Subsection E (12) of Section 3 be added as follows:
"Providing that nothing in this Act shall be construed to allow what is known as four wheel trailers to operate on highways of this State after September 30, 1937, unless air brakes or hydraulic brakes are provided."
8. That the Senate recede from its position on Amendment No.8.
9. That the Senate recede from its position regarding Senate Amendment No.9.
10. That the Senate recede from its position on Senate Amendment No. 10.
11. That both the House and Senate recede from its position on Section No. 3, and in lieu thereof a new section known as No. 3 be inserted and reading as follows: "Be it further enacted by the authority aforesaid, that the annual maintenance tax for operation of motor buses, trucks and/or trailers over the public roads of this State shall be as follows for each vehicle hereinafter named."

A. For each passenger carrying motor bus the following sums, to-wit:
(1) For each such motor bus weighing not more than 10,000 pounds factory weight, $1.00 per 100 pounds or major fraction thereof.

THURSDAY, MARCH 25, 1937.

2405

(2) For each such motor bus weighing more than 10,000 pounds but not more than 15,000 pounds factory weight, $1.50 per 100 pounds or major fraction thereof.
(3) For each such motor bus weighing more than 15,000 pounds factory weight, $2.00 per 100 pounds or major fraction thereof.
In addition to the taxes hereinbefore provided for each such passenger carrying motor bus the sum of $2.50 per passenger seat.

B. For each non-passenger-carrying motor vehicle or truck not used as a common or contract carrier for hire, the following sums, tOwit:

(1) For each non-passenger carrying motor vehicle or truck of less than one ton manufacturer's rated capacity .... : . . .

$5.00

(2) For each non-passenger carrying motor vehicle or truck of one ton manufacturer's rated capacity. . . . . . . . . . . . . . . . $10.00

(3) For each non-passenger carrying motor vehicle or truck of more than one ton and not exceeding one and one-half tons manufacturer's rated capacity. . . . . . . .

$15.00

(4) For each non-passenger carrying motor vehicle or truck of more than one and one-half and not exceeding two tons manufacturer's rated capacity. . . . . . . .

$30.00

(5) For each non-passenger carrying motor vehicle or truck of more than two tons and not exceeding two and one-half tons manufacturer's.rat~d,.capacity .. ,. . . . . .

$37.50

(6) .For each non-'passenger carrying motor vehicle ot ttfick of more than" two a:nd

2406

JouRNAL OF THE SENATE,

one-half tons and not exceeding three tons manufacturer's rated capacity.... $45.00

(7) For each non-passenger carrying motor vehicle or truck of more than three tons and not exceeding three and one-half tons manufacturer's rated capacity. . . .

$52.50

(8) For each non-passenger carrying motor vehicle or truck of more than three and one-half tons and not exceeding ,four tons manufacturer's rated capacity. . . .

$75.00

(9) For each non-passenger carrying motor vehicle or truck of more than four tons and not exceeding five tons manufacturer's rated capacity..... . . . . . . . . . . . $150.00

(10) For each non-passenger carrying motor vehicle or truck of more than five tons and not exceeding six tons manufacturer's rated capacity... . . . . . . . . . . . . . $375.00

(11) For each non-passenger carrying motor vehicle or truck of more than six tons and not exceeding seven tons manufacturer's rated capacity. . . . . . . . . . . . . . . . $750.00

(12) For each non-passenger carrying motor vehicle or truck of more than seven tons manufacturer's rated capacity ......... $1,125.00

C. For each non-passenger carrYing .motor vehicle or truck used either as a common or contract carrier for hire, the following sums, to-wit:
(1) For each non-passenger carrying motor vehicle or truck of less than one ton manufacturer's rated capacity. . . . . . . . . $10.00

THUUDAY, MARCH 25, 1937.

2407

(2) For each non-passenger carrying motor vehicle or truck of one ton manufacturer's rated capacity ................
(3) For each non-passenger carrying motor vehicle or truck of more than one ton and not exceeding one and one-half tons manufacturer's rated capacity.........

$20.00 $50.00

(4) For each non-passenger carrying motor vehicle or truck of more than one and one-half and not exceeding two tons manufacturer's rated capacity .........

$75.00

(5) For each non-passenger carrying motor vehicle or truck of more than two tons and not exceeding two _!ind one-half tons manufacturer's rated capacity ......... $100.00

(6) For each non-passenger carrying motor vehicle or truck of more than two and one-half tons and not exceeding three tons manufacturer's rated capacity .... $125.00

(7) For each non-passenger carrying motor vehicle or truck of more than three tons and not exceeding three and one-half tons manufacturer's rated capacity .... $150.00

(8) For each non-passenger carrying motor vehicle or truck of more than three and one-half tons and not exceeding four tons manufacturer's rated capacity .... $200.00

(9) For each non-passenger carrying motor vehicle or truck of more than four tons and not exceeding five tons manufacturer's rated capacity ................ $300.00

(10) For each non-passenger carrying motor vehicle or truck of more than five tons

2408

JouRNAL oF THE SENATE,

and not exceeding six tons manufacturer's rated capacity... . . . . . . . . . . . . . . . . $500.00
:'11) For each non-passenger carrying motor vehicle or truck of more than six tons and not exceeding seven tons manufacturer's rated capacity ................ $1,000.00
(12) For each non-passenger carrying motor vehicle or truck of more than seven tons manufacturer's rated capacity ........ $1,250.00

D. For each trailer or semi-trailer not used as, or m connection with, a non-passenger carrying motor vehicle or truck used as a common or contract carrter for hire, the following sums, to-wit:
(1) For each trailer or semi-trailer not exceeding 1,000 pounds factory weight. . . $5.00
(2) For each trailer or semi-trailer exceeding 1,000 pounds but not more than 1,500 pounds factory weight. . . . . . . . . . . . . . . $10.00
(3) For each trailer or semi-trailer exceeding 1,500 pounds but not more than 3,000 pounds factory weight. . . . . . . . . . . . . . . $20.00
(4) For each trailer or semi-trailer exceeding 3,000 pounds but not more than 4,000 pounds factory weight. . . . . . . . . . . . . . . $30.00
(5) For each trailer or semi-trailer exceeding 4,000 pounds but not .more than 5,000 pounds factory weight. . . . . . . . . . . . . . . $40.00
(6) For each trailer or semi-trailer exceeding 5,00Q.,pounds b,ut not exceeding 6;000 pounds factorY'.weight_........ , . . . . . . $50.00

THURSDAY, MARCH 25, 1937.

2409

(7) For each trailer or semi-trailer exceeding 6,000 pounds but not exceeding 7,000 pounds factory weight ............... $60.00
(8) For each trailer or semi-trailer exceeding 7,000 pounds but not exceeding 8,000 pounds factory weight ............... $80.00
(9) For each trailer or semi-trailer exceeding 8,000 pounds but not exceeding 9,000 pounds factory weight. : ............. $120.00
(10) For each trailer or semi-trailer exceeding 9,000 pounds but not exceeding 10,000 pounds factory weight ............... $150.00
(11) For each trailer or semi-trailer exceeding 10,000 pounds factory weight ......... $1,000.00

E. For each trailer or semi-trailer used as, or in
connection with, a non-passenger carrying motor vehicle or truck used as common or contract carrier for hire, the following sums, to-wit:

(1) For each trailer or semi-trailer not exceeding 1,000 pounds factory weight ... $10.00

(2) For each trailer or semi-trailer exceeding 1,000 pounds but not more than 1,500 pounds factory weight ...............
(3) For each trailer or semi-trailer exceeding 1,500 pounds but not more than 3,000 pounds factory weight ...............

$20.00 $30.00

(4) For each trailer or semi-trailer exceeding 3,000 pounds but not more than 4,000 pounds factory weight ...............
(5) For each trailer or semi-trailer exceeding 4,000 pounds but not more than 5,000 pounds factory weight ...............

$50.00 $75.00

2410

JouRNAL OF THE SENATE,

(6) For each trailer or semi-trailer exceeding 5,000 pounds but not exceeding 6,000 pounds factory weight. .............. $100.00
17) For each trailer or semi-trailer exceeding 6,000 pounds but not exceeding 7,000 pounds factory weight ............... $125.00
(8) For each trailer or semi-trailer exceeding 7,000 pounds but not exceeding 8,000 pounds factor}' weight ............... $150.00
(9) For each trailer or semi-trailer exceeding 8,000 pounds but not exceeding 9,000 pounds factory weight ............... $180.00
(10) For each trailer or semi-trailer exceeding 9,000 pounds but not exceeding 10,000 pounds factory weight ............... $250.00
(11) For each trailer or semi-trailer exceeding 10,000 pounds factory weight ......... $1,500.00

That the Senate recede from its position in Section 3-E, sub-paragraph 11, beginning with the words" provided that" and the balance of the section be stricken in lieu thereof, the following be inserted:" Provided that all motor drawn hearses or ambulances shall not be included in any of the above schedules but shall pay annually the sum of $25.00 for each of such hearses or ambulances."

12. That Section 9 be amended, line 8, by adding after the word "Oval" by adding the words "Or oblong."

13. That a new section be included to be known as Section 11-A, and reading as follows: "Be it further enacted that Chapter 92-29, including Sections 92-2901 through 922926, "Motor Carriers for Hire," of the Georgia Code of 1933, pertaining to an annual or a mileage tax to be paid by motor carriers for hire, be and is hereby repealed."

THURSDAY, MARCH 25, 1937.

2411

14. Amend the title by striking from the first line the word "additional" and further amend the title by adding after the first semi-colon in the title, following clause: "To repeal Chapter 92-29 of the Georgia Code of 1933 "Motor Carriers for Hire," pertaining to an annual or a mileage tax to be paid by motor carriers for hire."

Respectfully submitted,

On the part of the Senate: PHILLIPS of the 29th District, jACKSON of the 14th District, JONES of the 38th District.

On the part of the House: HousTON of Worth, McCRACKEN of Jefferson, TRAPNELL of Candler.

By Mr. Zellner of Monroe-
House Bill No. 327. A bill to amend an Act fixing the bond of the Sheriff of Monroe County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senate Bill No. 238, a bill relating to Workmen's Compensation Awards, was taken up for the purpose of considering the following House amendments thereto:

2412

JouRNAL OF THE SENATE,

By Mr. Harris of RichmondMoves to amend Senate Bill No. 238 as follows:

By striking in the caption of the bill the figures "5" and
in the body of the bill wherever the same occur~ and insert-
ing in lieu thereof the figures" 10."
The amendment was adopted.
The Senate agreed to the House amendment to Senate Bill No. 238.
Senate Bill No. 249, a bill to establish the Georgia Radio Commission, was taken up for the purpose of considering the following House amendment thereto:

By Messrs. Hastings and Kendrick of Fulton, Harris of Richmond, Coleman of Lowndes, and Parker of Colquitt-
To amend Section 8 by adding at the end thereof the following:
"Provided that the Georgia Radio Commission shall in whatever manner necessary preserve and protect fully the purpose and wish of Hon. Clark Howell, the donor of Station W. G. S. T., in providing an endowment fund for the donee, Georgia School of Technology, and to this end they are empowered to determine a present value and pay that amount of endowment or else pay an annual percentage thereon to the donee, Georgia School of Technology as at present."
To amend Section 10 by adding at the end of said section the following:
"Provided if changes are made in Station W. G. S. T. the name call at present used in accordance with the wish of the benefactor shall be retained as follows, "Station .............. , the Georgia School of Technology."

. THURSDAY, MARCH 25, 1937.

2413

By Messrs. Coleman of Lowndes, Harris of Richmond, Parker of Colquitt, and Hastings and Kendrick of Fulton-
To amend Section 4 by adding at the end thereof the following:
"The Commission is hereby authorized to purchase or acquire additional stations and lands and to make application for additional franchises for radio broadcasting stations."
To amend Section 6 by striking therefrom the following:
"The Commission shall have the power to make such arrangements as to them seems proper to prevent any actual loss to any persons or corporations now operating said Station W. G. S. T., whether the contract be valid or invalid, but the matter is purely discretionary with the Commission."
To amend Section 8 by striking therefrom the following words in the last sentence thereof, to-wit:
" shall be by the Commission credited to the Georgia School of Technology to be used by that institution," and by adding the following:" any balance remaining to be covered in to the treasury as general fund."
To amend Section 10 by striking therefrom the last sentence therein as follows:

"But in naming said station, the said commission shall preserve the identity of the Georgia School of Technology to which said station was donated."

By Messrs. Hollis of Morgan and Preston of Bulloch-

To amend by adding in the caption thereof immediately

following the words ''Georgia Radio Cpm.missio~" inJine 23 :the follow.ing,words,,to-wit: "_and to_gi;ve the~rnmission the

right to sue and be sued."

,

2414

JOURNAL OF THE SENATE,

And to further amend Section 5 by adding after the word "Act" the following words, to-wit:" including the right to sue and be sued."

The Senate agreed to the House amendments to Senate Bill No. 249.

The following report of the Conference Committee on House Bill No. 548 was submitted, read and adopted:

Mr. President,
Mr. Speaker: Your Conference Committee has had under consideration
House Bill No. 548 and have been unable to agree thereon and request that the committee be discharged and a new Conference Committee be appointed.
Respectfully submitted,
On the part of the Senate: LINDSAY of the 34th District, PoPE of the 7th District, SHEDD of the 3rd District.
On the part of the House: ELLIOTT of Muscogee SIMMONS of Decatur, TuRNER of DeKalb.
The President appointed as a second Conference Committee on the part of the Senate on House Bill No. 548 the following:

THURSDAY, MARCH 25, 1937.

2415

Senators Millican of the 35th District, Hampton of the 41st District, and Atkinson of the 1st District.

The following resolution of the Senate was read and adopted:

By Senator Atkinson of the 1st District-
Senate Resolution No. . . .. A resolution notifying the House that the Senate has completed its business and now stands ready to adjourn sine die.
Senate Bill No. 128, a bill increasing the salary of the Prison Commissioners, was taken up for the purpose of considering the following House substitute therefor:

A BILL
To be entitled an Act to amend Section 77-301 of the Georgia Code of 1933, relating to the election, terms of office, vacancies and Chairman of the Prison Commission, by providing that the Governor and the Chairman of the State Highway Commission shall be ex officio members of the Prison Commission; and to amend Section 77-303 of the Georgia Code of 1933, relating to the salaries of the Prison Commissioners of Georgia, by providing that the members of the Prison Commission shall receive a salary of $5,000.00 per annum, payable monthly, and for other purposes.
Be it enactedby -the-General Assembly of Georgia, and it is hereby enacted by authority of the same, that:

Section 1. Section 77-301 of the Georgia Code of 1933 be, and the same is hereby amended by adding thereto the following language:
"The Governor and the Chairman of the Highway Com-

2416

JOURNAL OF THE SENATE,

mission shall be ex officio members of the State Prison Commission; provided, however, that the Governor and the Chairman of the State Highway Commission shall receive no salary or compensation of any kind for their services as ex officio members of the State Prison Commission."

Section 2. Section 77-303 of the Georgia Code of 1933, relating to the salaries of the Prison Commissioners of Georgia, be, and the same is hereby amended by striking from said Section 77-303 the amount" $3,500.00," and inserting in lieu thereof the amount" $5,000.00," so that said section as amended will read as follows:
"77-303. Salaries and expenses of commissioners.-The commissioners shall receive as salaries the sum of $5,000.00 each per annum, and in addition thereto actual traveling expenses while in the discharge of their duties, which salaries shall be paid as those of Statehouse officers are now paid, and their traveling expenses by warrants upon itemized bills, certified by the board and approved by the Comptroller General."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The Senate agreed to the House substitute to Senate Bill No. 128.

The following privilege resolutions were read and adopted:

By Senator Terrell of the 19th District-
A resolution extending the privileges of the floor to Bon. Hadley Brown of Glynn County.

By Senators Harrell of the 12th District and Burgin ofthe 24th_District-

A resolution extending the privileges of the floor to Mrs.

T. C. McKibben of Richlan'i\, Ga.

~ ,

THURSDAY, MARCH 25, 1937.

2417

By Senator Moye of the 11th District-
A resolution extending the privileges of the floor to Hon. I. J. Lunsford and Hon. C. V. Jones of Randolph County.

By Senator Harrell of the 12th District-.
A resolution extending the privileges of the floor to Hon. Hollman Bell of Richland, Ga.

By Senator Williams of the 5th District-
A resolution extending the privileges of the floor to Hon. Jere Moore, Vice-President of the Georgia Press Association.

By Senators Williams of the 5th District and Purdom of the 46th District-
A resolution congratulating Miss Emily Woodward on her work in publishing her book" Empire" and commending it to all those interested in the well-being and advancement of the State of Georgia.
The following resolutions of the House were read and adopted:

By Mr. Sutton of Wilkes-
House Resolution No. . . . . A resolution providing that a committee of five, two from the Senate and three from the House, be appointed to notify the Governor that the General Assembly has completed its business and stands ready to adjourn sine die awaiting his pleasure.

By Mr. Sutton of Wilkes-

House Resolution No. . . . . A resolution that the General

Assembly of Georgia, 1937 Regular Session, do now adjourn

sine die.



2418

JouRNAL oF THE SENATE,

The President announced that the Senate of Georgia now stood adjourned sine die.
Subsequent to adjournment the President announced as a standing committee of the Senate on Interstate Cooperation the following men:tbers of the Senate, to-wit:

Senators Phillips of the 29th District, Atkinson of the 1st District, Purdom of the 46th District, Jackson of the 14th District, and Forrester of the 44th District.

The following communication was transmitted by the Secretary of the Senate to His Excellency, the Governor:

HoN. E. D. RIVERS, Governor, State Capitol, Atlanta, Ga.

April 7, 1937.

Dear Governor:

RE: SENATE BILL No. 47
I have this date noted that in transmitting this measure to the Executive Department there was omitted therefrom, through clerical error, certain House Amendments, to-wit:

"AN AMENDMENT
"Sams of DeKalb Harris of Richmond
"Moves to amend Senat.e Bill No. 47 by striking Section 7 in its entirety, and by substituting therefor the following, to be known as Section 7:

THURSDAY, MARCH 25, 1937.

2419

"Section 7. Provided, however, that any Justice or chief Justice of the Supreme Court who offers for re-election, and is defeated in a primary or regular election, shall not be eligible to apply for or to accept appointment as Chief Justice Emeritus or as Associate Justice Emeritus, nor shall any such Justice be eligible to accept the provisions of this Act thereafter and before the expiration of the term such Justice or Chief Justice is then serving."

''AN AMENDMENT

"Sams of DeKalb

Harris of Richmond.

Moves to amend the caption of Senate Bill No. 47 by striking therefrom the following:

"To provide for the appointment of a Superior Court Judge to sit in the place of a Justice of the Court of Appeals, and/or the Supreme Court who is disqualified to a particular case."

"Harris of Richmond
Grayson of Chatham
Parker of Colquitt
"Move to amend Senate Bill No. 47 by striking Section 6 and substituting in lieu thereof the following:
"Be it further enacted that in the event any member of the Supreme Court shall resign his position under the provisions of this Act, and the Governor's appointee to fill such vacancy is sixty years of age or over, such appointee shall not be eligible to appointment as a Justice Emeritus until he shall have had 15 years unbroken active service on the Supreme Court."
These House amendments having been concurred in by the Senate, as shown in both the Journal of the House and

2420

JouRNAL OF THE SENATE,

Senate, should have been incorporated in the measure prior to transmittal to the Executive Department. As soon as I discovered this clerical omission on this date, I am transmitting to you the measure in conformity with its final form of passage, as shown by the Journal of the two branches of the General Assembly.
The clerical mixup in this matter occurred by reason of the fact that both the measure in the form in which it passed the Senate and in the form in which it finally passed, as amended, were on file in my office and the messenger from my office to the Executive Department inadvertently transmitted the original bill without the aforesaid amendments, instead of the measure. as herewith transmitted as amended by the House of Representatives, in which the Senate concurred.
As you know, the procedure is to send an original and a copy of each of these measures to the Executive Department, the original to be signed by the Governor and both the original and copy to be transmitted to the Secretary of State's office. The messenger from my office, in the clerical mixup, transmitted on March 29, 1937, the original measure, as passed by the Senate, without the House amendments, and accompanied it with a copy of the amended measure, the original of which I herewith transmit to you.
This copy of the amended measure is now on file with the Secretary of State's office, pursuant to its transmission to your office on March 29, 1937, and your office's transmission thereof immediately thereafter to the office of the Secretary of State.
Respectfully submitted,
JoHN W. HAMMOND,
Secretary of Senate.
The copy of the bill as herewith transmitted to the Governor was approved by him and filed with the Secretary of 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 11, March 25, 1937.

INDEX
PART I

TO SBNATI: JOURNAL SHORT SESSION AND UGULAB USSION
1986

SBNATI: ORGANIZATION, PROCBDUB.B, BTC.

Figures in right hand column indicate number of page. Figures in left hand column indicate number Of Bills and Resolutions.

Senators; Certification of election_______________________ _ Senate Officiais, election oL ____________________________ _
Standing Committees named_----------------------------

3,5 5,8,9,31
12,28

INAUGURATION-

Senate Committees on___ ------------------ ________ 11,80,34,2'7,38,40

Escort Committees____________________________________

38

Program, Oath, Address______________________________

38,41

Oath to Officials by Governor________________________

63

Resolutions providing for (H. R. 9,7,4)____________ 33,38,41,63,34,37

SHORT SESSION-

Notifying Bouse on organization (S. R. 1)__ ----------

10

Notifying Governor (S. R. 2)______________________ "___

10

Canvass election vote, joint session for (S. R. 3) ______11,29,32,35,36

Rules, adopted with amendments (S. R. 5)____________

11

Seat, designated certain members (S. R. 6)____________

12

Attaches, fixing limit, etc. (S. R. 7)___________________

36

Regular Session, date provided for (S. R. 10)__________

112,1546

REGULAR SESSION, 60 DAYS-

Notifying House Senate convened (S. R. 7)__________ _

618

Notifying Governor Senate convened________________ _

613

ATTACHES, S.R.7AMENDEDRules amended as to debate (S. R. 81)________________1875,1397,1402

Closing business after adjournment (S. R. 104)-------

2087

2424

INDEX

EXECUTIVE APPOINTMENTS-

Ron. W. L. Miller_____________________________________

620

Hon. Jim Gillis______________________________________

620

Hon. R. E. Gormley__________________________________

620

Hon. L. Thos. Gillen_________________________________

620

Hon. W. H. Duckworth______________ --~--------------

620

Hon. M. L. Allison___________________________________

620

Hon. Ellis G. Arnall__________________________________

620

Hon. W. Glenn Thomas______________________________

620

Hon. M. s. Yeomans_________________________________

620

Hon. Marion Smith__________________________________

620

Hon. J. B. Jones_____________________________________

621

Hon. Fred D. NeeL ________ __ ___ __ __________ __ _______

1276

Hon. W. A. Bailey ___________ ~--______________________

1366

Hon. Winston Owen___________________________________

1366

Hon. A. L. Miller_____________________________________

1426

Hon. W. L. Miller_____________________________________

1426

Hon. J. M. Cowart___________________________________

1426

Hon. Jim L. Gillis____________________________________

1426

Hon. H. H. Watson___________________________________

1426

Hon. T. Grady Head_________________________________

1426

Hon. ColqUit Finley__________________________________

_1426

Hon. Joe D. Mitchell_________________________________

1461

Hon. J. T. Powell____________________________________

1569

Hon. G. G. LeGuin__________________________________

1612

Hon. Thomas J. Brown, Jr.__________________________

1612

Hon. E. R. Hines______________ ------_________________

2056

Hon. C. D. Rivers____________________________________

2178

Hon. R. F. Burch, Jr.________________________________

2386

Hon. Frank Heyward_________________________________

2386

Hon. Arlie D. Tucker____________________ --_---_______

2386

Hon. J. B. Jones___________________________ - _______ --

2387

Hon. M. s. Yeomans__________________________________

2388

Hon. Marion Smith_______________________ ---_________

2388

Hon. John G. Kennedy_----------------------_______

2388

Hon. G. C. Woodruff ______________________ -- ________ -

2388

Hon. Clark Howell____________________________________

2888

Hon. John W. Bennett, Sr.___________________________

2388

Hon. Abit Nix----------------------------------------

2888

Hon. George Hains___________________________________

2;388

Hon. Jack Lance____________________________ ---- __ ---

2389

Hon. J. K. Gholston_________________________________

2389

Hon. L. W. Robert, Jr------------------c--c---------

2389

Hon. Zack Arnold______________________ ---_----------

2389

Hon. Patrick C. King __________________ --------------

2889

INDEX
Hon. W. D. Tutt____________________________________ _
Hon. Peyton S. Hawes ______________________________ _
Hon. W. w. Armistead _______________________________ _
Hon. Glenn Asbell __________________________________ _ Hon. Harry Monroe _________________________________ _ Hon. Charles Elliott_________________________________ _
Hon. R. c. Ellis _____________________________________ _
Hon. Robt. F. Maddox_______________________________ _
Hon. :r. G. Williams _________________________________ _
Hon. W. T. Edmunds ________________________________ _

2425
2389 2389 2390 2390 2390
2390
2390 2390 2390 '2391

GOVERNOR, COMMUNICATIONS FROMSpecial Messages ____________________ -- ____ -- ________ _ Legal Opinion______________________ ---_--- __________ _ Treasury, condition of_ _____________________________ _ Clemency, report on _______________________ - _________ _
Sine Die adjournment, short session ________________ _ Veterans Service Officer_____________________________ _ Battle Hill Sanitorium, offer of_ _____________________ _ Special Communication_____________________________ _ Alto Sanitorium_____________________________________ _
Prison, Tattnall County _____________________________ _ Georgia Flag Day ____________________________________ _
Veto, H. B. 89---------------------------------------State Property, Chattanooga________________________ _ Survey, County-City affairs _________________________ _ Tax Exemptions, effect of_ __________________________ _ Buffet Supper ______________________ -- __________ ----_ Soil Erosion, control of______________________________ _ Public Welfare legislation___________________________ _ National Resources Commission_____________________ _ W. & A., old depot site ______________________________ _ Disapproval H. B. 423- ______________________________ _ Disapproval H. B. 772 _______________________________ _
Disapproval H. B. 705-------------------------------:John B. Gordon Home ______________________________ _

7,548,610 66
72,89 116 618 619 687 853 874 895 906 924
1098 1136 1137 1279 1280 1636 1934 1994 2101 2186 2391 1364

GOVERNOR, ADDRESSES TO ASSEMBLY-

:Joint sessions to hear ___________ 646, 727,733,756,1026,1035,1064,1701

Special address to Senate____________________________

2311

MESSAGES, FROM HOUSEReceived by Senate____29,33,37 ,614,623,629,630,637,643,665,667 ,698, 699, 711, 713, 720, 735, 751, 777, 813, 834, 835, 857,866,907,944,958,972,992,1035,1040,1042, 1073, 1094, 1158, 1161, 1181, 1226, 1260, 1261,

2426

. INDEX

1291, 1294, 1323, 1369, 1371, 1388, 1393, 1445, 1461, 1474, 1548, 1581, 1585, 1617, 1634, 1670, 1679, 1685, 1686, 1738, 1740, 1&:!1, 1&JS, 1855, 1860, 1896, 1907, 1908, 1910, 1911, 2013, 2059, 2061, 2062, 2087, 2113, 2153, 2158, 2249, 2292,
2338,2340.2342.2351,2378,2380

PRIVILEGE RESOLUTIONSPrivileges of floor___ 32, 616, 621, 629, 635, 662, 695, 717, 718, 728, 752, &:!6,831, 864,865,904,937,938,955,971,990,1007, 1008, 1001, 1070, 1091, 1154, 1177. 1222, 1253, 1277. 1310, 1388, 1430, 1449, 1470, 1498, 1569, 1620, 1674, 1721, 1788, 1829, 1883, 2000, 2057, 2116, 2212, 2319, 2416

CONFERENCE COMMITTEESS. B. 61-Board ControL-~---- __________________ 1161,1164,1245,1261
s. B. 133-Purchasing Board ____________________2324,2330,2377 ,2382 s. B. 150-Street and Road Contracting______________ 2382,2393,2402

House BillsH. B. 2-0ld Age Pensions ______________________ 1043,1067 ,1215,1261

H. B. 5-Gasoline Tax Act____________________________ H. B. 7-Dentistry_______ ___ ___ ____ ____ __ ___ _________

1635,1768 853,857

H. B. IS-Highway PatroL __________ --------- ____996,1375,1537 ,1618

H. B. 26-Homestead Exemption __ 1897,1918,2177,2211,2214,2253,2271 H. B. 141-Text-books ___________________________ 1042,1068,1356,2179

H. B. 169--Labor Commission ___________________ 1897,1919,1062,2110

H. B.185-Unemployment Compensation_____________2088,2101,2160

H. B. 218-Dependent Children _________________ 1043,1067,1215,1261

H. B. 219--Public Welfare Dept. _________________ 1043,1067,1215,1261

H. B. 231-Public Welfare; Blind ________________ 1043,1067,1215,1261

H. B. 250-Group Hospitalization __________ 2154,2176,2189,2253,2293 H. B. 29!)--Tobacco Tax ____________________ 2055,2061,2064,2156,2166

H. B. 341-Fictitious Trade Names __________ 2065,2124,2140,2160,2260 H. B. 427-Alcohol ControL _____________________ 2176,2255,2294,2299

H. B. 55!)-Atlanta Charter ______________________ 2061,2102,2253,2271

H. B. 723-Wine Act____________________________ -1897,1919,2054,2087

H. B. 321-Bus and Truck Tax ________ 2254,2291,2372,2381,2385,2400 H. B. 107-Chain Store Tax ________________2254,2291,2349,2373,2382 H. B. 140--Income Tax __________________________23Q2,2312,2368,2378

H. B. 233-Dixie Terminal Contract___________________2352,2383,2394

H. B. 56-Barbers and Beauticians ___________________2353,2376,2382

H. B. 761-General Appropriations ___________________ 2353,2383,2397

H: B. 378-Elections, Meriwether Co. ____ -------------

2344

H. B. 548-Insurance Companies_____________________ 2393,2414

INDEX

2427

MISCELLANEOUS, ORDERS AND PROCEDURECertain Senate Bills (S. B. 48)_ __ ____ ______________ ___

957,966

Setting bill (S. B. 71)_______ ----------- __ __ ___ ________

1011

s. B. 92, Misplaced in House, established_____________

2068

Georgia Day, celebration________________________ .906,907,944, 959,969

Interstate Cooperation Committee named___ _________

2418

Natural Resources, Denver meeting, report___________

1934

Third General Assembly, committee to attend_ _______

115

Washington Day, Senator Atkinson__________________

1097

Sound amplification provided (S. R. 42)______________

906

SPECIAL COMMUNICATIONS, REPORTS-

Battle Hill, committee report _________ ------__________

1770

W. & A., old depot Site_______________________________

1970

W. & A., committee report----------------------------

2363

State Properties-

Communication from Governor_______________________

1098

Report of Commission______ ---------------___________

1101

Lease, Plaza HoteL _________________________ ------___

1105

Lease, Eastern Hotel---------------------------------

1112

Executive Order on Lease_____________________________

1120

Governor's ManSion, report on_______________________

2312

2428

INDEX

PART II
SBNATB BILLS

A

AGRICULTURE, AGRICULTURAL DEPARTMENT-

23---State Veterinarian, repeal Act creating__________ 6Q2,632,644,973

24-State Veterinarian, office re-created ________603, 632,633,645,973

20-Fertilizer tags; code section 5-1105 repealed...ll1,866,1624,1837

21-Unlawful sale of Planting seed, Act repealed.111, 1624,1837,1919

49-Sale Of cattle, to regulate________________________

617,784

72-Fair trade ; to define and regulate practices____ 666,737,800, 1395

101-Feed stuffs; revising penalty provisions ________ 721,837 ,839,935

102-Feed stuffs; registration ot_____________________721,837,839,935

AMENDMENTS TO CONSTITUTION (See also Resolutions}15-Local or special bills, to be regulated___________ 109,912,919,1196
22-Retirement fund for teachers in certain c o u n t i e s ___________________________________ 602,603,912,919,1013

66--Maximum age to retire or promote members of

Supreme Court and Court of Appeals____________

634

73-Supreme Court, power to appoint thereto, etc.___

666

97-DeKalb County; powers of County Board extended ________________________________________705,912,920,1027

12o-Retirement fund, Chatham county officers.809,912,920,1129,2339 151-Dreating new Senatorial District______ .1183, 1228, 1232,1301,2008
21o-Glynn County to pass zoning laws.1500,1577,1590,1774,2342,2353 235-City of Atlanta, issue refunding bonds,
etc------------------------------------1676,1795,1808,1850,2385 254-Swainsboro, to issue refunding bonds.1794, 1838,1842,1903,2341 APPROPRIATIONS1oo-Supplemental; Code Section Amended _________720, 783,786,863

B

BANKS AND BANKING-

so-Superintendent, to exchange information_______

681,782

81-Rights of depositors as to Federal Corporation_._

681,782

82-Annual examinations, provide for_______________

682,782

83-Stockholders, liability limited.--------- ...682, 782,786,856,1742

84-Losses, restoration of on capital stock__________682,782,786,857 85-Loans, to officers and directors_________________682,782,786,858

86-Impairment of capital stock._____________________

683,1259

INDEX

2429

87-Loans limited, security speCified___________ 683,1259,1262,1415

88--Supe$tendent appoint FDI Corp., liquidating

agent-------------------------------------------89--Bond relieved when deposits insured-_ __________

683,1259 683, 1259

oo-Stocks and securities, relating to purchase______

684, 1285

113-Capital Stock, not less than $15,000_____ 776,1285,1287 ,1399,1443

125--Reports ; regulations thereon revised _____ 909, 959,962,1132,1742

152-Private Banks, to regulate and controL ________ U83,1257,1262,

1309,1416,1495

163-Define term "Banking"; exclude certain banks__ l225,1285,1288

195--Amend Section 13-2015, Code, real estate loans__ l392,1485,1486,

1569,2258

BEE CULTURE148-Honey Bees ; control diseases ______________ -1157,1629,1648,1697
BOARDS OF EXAMINERS32-Basic Science; create board of examiners____ 607-,684, 723,735,795 38-Bar Examination, provide for holding_608,640,643,703,779,831,852 4o-Bar Examination; citizen more than year_6Q8,635,640,703,779,852 5o-Librarians, Board for certification of_____ 617,863,118'7,1253,2257 104-Civil Service; commission created... _~ __ 730,871,1038,1124,1326, 1342,1372,1375 119-0ptometry; revising Act creating examiners.808,1012,1013,1201 136-Photographic; creating Examining Board___ 975,1314,1319,1417,
1433 '2252' 2288 !5o-Street and Road contracting, to regulate.. -1157 ,1185,1188,1297,
2382,2392,2393,2402 232-Define and regulate practice of law____ l676,1737,1744,1814,2340

c

CITIES; CITY CHARTERS28-Atlanta, charter amended..______ ... _. _____ .603, 632,633, 6i5, 777 134-Atlanta, amend charter of ___________________ 975,1162,1166,1200

159-Atlanta; pensions to officers and employees. __ l224,1326,1351,

1416,1743 235--Atlanta, refunding bonds, certificates, etc. ____ l676,1795,1808,

1850,2385 239-Atlanta, exclusive franchise, right to grant_____ l724,1795,1809,

2015,2340

207-Athens, Board of Education, Act amended_l483,1502,1578,1591 213-Athens, charter amended. _____________ 1501,1578, 1590,1660,2008 245--Cairo, charter amended._______________ 1725,1793,1835, 1849,2154

246-Cairo, charter amended_____ - __________ 1725,1793, 1835, 1849,2154

172--Cordele, extend corporate limits_----------------

1283

182-Dalton, to levy school tax______________ l313,1352,1355,1403,1686

INDEX

183-Dalton, Charter, Police Department..1313,1352,1355,1402,2064,2083 222-Patterson, depository provided for_______________1573,1627,1649 160-Savannah; relating to Municipal Oourt____ 1224,1286,1288,1428,
2064,2085,2101 254-Swainsboro, refunding bonds, temporary loans,
e t c . ____________________________________ 1794,1838,1842,1903,2341
234-Thomasville, charter amended_________1676,1777,1796,1808,1850 199---Thunderbolt, extend corporate limits_______ 1451,1503,1507,1591 CIVIL SERVICE104-Commission created; examinations, etc. (See al<;o
Examining Boards) __ 730,871,1038,1124,1266,1326,1342,1372,1375

CONSERVATION-

44-Department of, created; Dept. Fish, Forestry,

Geology abolished. (See also Offices Abolished)__

616

!~Forest Reserves, acqUisition lands by U. s._____1393,1470,1484,

1497,2341

230-Resourcefullands, conservation provided..--1625,1688,1737,1872

74-State Planning Board, to provide for _____666,722,724,746,1294,

1315,1318

COUNTIES107-Bryan; remove county site to Pembroke_____731,780,787,823,945 120-Chatham ;retirement fund for county ofticers_809, 912,920,1129,
2339 223--0hatham, Commissioners to levy taxes and
l i c e n s e s ___________________________ 1574,1626,1649,1689,2252,2290

262-Chatham, Pension Board created______1888,2006,2009,2080,2341 129---Charlton; reduce bond of sheriff__________910,943,946,996,1226
164-clinch and Charlton ; highway mileage_l225,1353,1354,1424,2250 154-crtsp ; voters to select school superintendent-1184,1285,1287,1469 216-columbia, to pay Sheriff and Olerk certain

funds--------------------------------------1572,1626,1648,1690 97-DeKalb; powers county board extended--705,912,920,1027,1909 233--DeKalb, county primaries___________________ 1676,1800,1808,2154
165--Dade and Walker; Scenic Highway mileage_______ l226,1353,1354

1424,2250

99---Emanuel; maintenance of certain rotuL_____7Q6,1186,1187,1265

22-Fulton; retirement fund for teachers__600,603,912,919,970,1013

2&-Fulton; to borrow money for schools_______603,783,785,830,1480

a&-Fulton; CoUnty regulate arenas, parks, etc. ___6Q7 ,639,642,716,

.

2255,2322

36---Fulton; maintenance streets by Highway Dept.__6Q8,1259,1261, 1296
39---Fulton; payment corporation taxes to treasury__ 608,722,724, 741,1074

INDEX

2431

41-Fulton; sale tax executions; rate discount_____ 609,722,724,742,

1481,1494

67-Fulton, Mcintosh, Stewart; additional judges___

634

92-Fulton; regulating primary elections___________704, 737,801,2340

93-Fulton; County Board, operation of hospitals___ 705,784,786,

862,1480

109--Fulton ; exempted from act relative to Jury Com. ___________________________________________731,780,787,863

123-Fulton; ciVil service for fire departments ___ 809,1230,1264,1510, 1909,1931
151-Fulton ~creating new Senatorial District________ ll83,1228,1232,
1301,2008 188--Fulton, Board of Commissioners, Act amended_1350,1396,1399,
1443.2252.2290 205--Fulton, Public Welfare Board, Act repealed______ 1482,1796 21<r-Glynn, to pass zoning laws ____________ 1500,1577,1590,1774,2342
208--Meriwether, Board of Commissioners, Act re. pealed______________________________________ 1483,1580,1590,1659

14-Peach ; three terms superior court ____ 109,668,669,711,1480,1554 155-Peach; bond Of sheriff reduced________ ll84,1285,1287,1402,1585 226-Pierce, City Court, Act amended_______ 1574,1626,1650,1689,2008 229--Stephens, City Court Act amended_________ 1625,1734,1744,1822
105--Twiggs; Act abolishing tax receiver amended-730,780,787,823,1074 106-Twiggs; reduce bond of sheriff_________________ 730, 780,787,823
178-Towns, Board of Commissioners created____ 1312,1397,1399,1439 231-To change county lines Within municipalities____ 1676,11nl,1808 204-Wayne, Tax Commissioner, Act amendec:L ______1482,1580,1590,
1659,2008 158-To limit debt to annual revenue_______ 1224,1287,1288,1425,1439

COURT PROCEDURE-

4-Practice of law, to regulate___________ 65,668,669,690,702,780,826

52-Guardians; to provide for removaL______________

623

53-Competency, trial upon issue____________________

624

54-Causes Of Action, to prevent settlements________

64,704

59-Causes of action, fix time for settlements, etc._625,704,943,945,

1087,1126,1241

60-Lottery laws, provide enforcement_______________

625

62-Conferrtng duties on clerks, ordinaries, etc. ____ 626,667,669,726

63-Burglary, punishment to be death__________ 626,670,837,838,899

64-Kidnapping, punishment to be death _________ 626,667,726,1294

65--Term of punishment, to be fixed by jury_______ 626,837 ,838,901 76-Sedition, to define crime of_____________________ 680,836,838,932

77-Property of deceased, regulate before Sup-

port_-------------------.--------------- _____ 680,751,780.,801,1634

INDEX

96---Robbery, to provide death penalty_____705,837,838,933,967,1686 111-Trusts; how to be revocable in life_____________776,943,946,1090 114-Perjury; jury to add to punishment_________ 777,1229,1231,1267 135-Ex parte injunctions; limit authority of judges__975,1037,1038,
1134 139-Guardians' Returns, false filing____________ 1036,1162,1166,1211
14G-Tallapoosa Circuit; abolish fee system______ 1Q36,1079,1081,1126 142-Dissolution of corporations, judges to fix_______ 1080,1228,1232,
1272,2338 143--Contracts, employees and employers, relief-1080,1737,1743,1817 173--Declaratoiy judgments authorized__________ 1283,1575,1589,1694
194-Garnishment, wages exempt, code amendment.-1392,1737,1743, 1813
209-Guardianship of veterans, orphans, minors_____ 1500,1575,1590,
1668,2258 232-Regulating the practice of law---------1676,1737,1744,1814,2340 255-Confirmation of sales under foreclosure__________ 1833,1895 26G-Soliciting on private property'not a nuisance__1887 ,2112,2153,
2165,2188

COURTS; SUPERIOR, CITY, ETC.-

14-Three terms Superior Court, Peach County____ 109,668,669,711,

1480,1554

34-Transfer of cases authorized in Superior Courts. 607,640,642,

713,715

38-Bar examination, place of holding __6Q8,640,643, 703,779,831,852

4G-Bar Examinaticn; citizenship year or more_____ 6Q8,635,640, 703,

779,852

43--Municipal court, Atlanta, jurisdiction extende<L780,785,822,1481

67-Additional Judges for certain Circuits___________

634

16G-Savannah, Municipal Court, act amended-1224,1286,1288,1428,

2064,2101

226-City Court of Blackshear, act amended.1574,1626,1650,1689,2008

229-Stephens County, City Court, amended____1625,1734,1744,1822

COURTS; SUPREME,APPEALS-

47-Chief Justice Emeritus, Associate Justices Emeritus,etc. ________________ 617,1037,1196,1408,2254,2301,2418

73--Supreme Court, to consist of, power to appoint.

(See also Amendments to Constitution)__________

666

227-Salary of Deputy Clerk, how paid ______1624,1735,1743,1814,2259

D
DEEDS AND MORTGAGES7-Power of sale in deeds, etc. ___________ 107,640,641,691,1096,1134

INDEX

2433

lo-Prescription shall not run against holder or o~er, tUrrdermortgage ____________ 108,680,736,740,781,800,1094
11-Plats or blue-prints, provided for recording_108,640, 641,692,2256 17-Security instruments, limit to 5 years__ ll0,640,642,693,703,738,
2255,2310 33-Relieve restrictions on estate of certain sums___607,667,669,712,
1293,1318

B

EDUCATION, PUBLIC SCHOOLS22-Retirernent fund for teachers, etc. _____ 602,603,912,919,970,1013 25-Certain counties to borrow money for schools__603, 783,785,830,

1480 26--School Code, Act arnended_______________ 603,911,920,1019,2257

27-Retirernent fund for teachers by certain cotUrrties____________________________________ 603,707,783,785,831,1480

177-Vocational training, provided for________________

1312

198--County Supt., removal, code amendrnent___ 1433,1485,1486,1520,

1571,1917

207-Athens, powers of Board extended__________ 1483,1578,1591,2008

ENTOMOLOGY, DEPT. OF115-Entomology, recreating department, etc. ____ 777,1260,1262,1299,. 2260,2301

ELECTIONS-

78-Voting places, when to open and close__________ 681,837,838,933

79-Hours o:t, voting, to be provided by amendment__

681

92-Primary elections, regulated, certain cotUrrties__704, 737,801,2340

176--lliegal practices extended to primaries _____ -1312, 1397,1399, 1496

218-Require declaration of political allegiance___1572,1623,2004,2093

219-To require declaration of party affiliation___ 1573,1623,2004,2092

22o-To require oath to support primary norninees___ 1573,1623,2004,

2092

225-0ath to include party affiliation __________ -1574, 1623,2004,2090

233-CotUrrty primaries, DeKalb County_____ 1676,1800,1808,1850,2154

EXECUTIVE DEPARTMENT248--Speaker and President of Senate ex-officio members of Boards and Cornrnissions ___________1726,1791,1838,1855
261-Provide for persons to act in lieu of ComptrollerGeneral Treasurer when incapaCitated_1888,2004,2009,2087 ,2342

F FAIR TRADE-
24o-Price discrimination unlawful___________________1724, 1836,1841

2434

INDEX

G

GAME AND FISH5&-Hook and line fishing, open season all year______ 624,710,723 11&-SqUirrels, marsh hens; regulations amended __808,941,946,1128 117-Punishment; revision regulations and laws__ro8,1229,1231,1272 137-Special taxes; exempt boat owners___________ 975,1012,1013,1134 180-Fox, regulate hunting and killing_____ l313,1434,1436,1468,1496 247-lnspection of oysters and shell fish, Health I>ept--------------------------------------1725,1836,1842,1931 258--()pen. season for hunting deer and wild turkey__ l88'7,2003,2009, 2088
B

IDGHWAYS, PUBLIC ROAI>S1-Highway Board, to abolish___________________811,897,1371,1383
2-State Highway Commission, to create______64,811,898,1371,1384 3&-State Highway I>ept., authorized to take over
streets ______________________________________ 608,1259,1261,1296

4&-Powers Highway Boards ; State Planning Com-

mission_________________________________________

617

57-Width of Highways, to regulate__________________

625

5&-Add a road in Peach County ________________ 625,1Gro,ll28,1552

99--State I>ept. to maintain road in Emanuel County_____706,1186,

1187,1265 12&-Fort Frederica Highway designated_____909,1164,1166,1200,1481

132-Add a road in Jenkins and Burke Counties_957,1Gro,l081,1133,

1552

147-Add road in Irwin, Coffee and Atkinson Counties____________________________________ 1156,1186,1188,1273,1552

!50-General contracting, to regulate-1157,1185,1188,1297,2382,2383,

2390,2402 157-Add certain road Emanuel County__________1184,1353,1423,2250

162-Highway to Jeff I>avis Memorial Park___________

1225

164-Mileage in Clinch and Charlton Counties__l225,1353,1354,1424,

2250 165-Scenic Highway, Walker and I>ade Counties____l226,1353,1354,

1424,2250

16&-Streets included in highway system__ l256,1352,1354,1467 ,1823,

2346,2353

181-Watkinsvilles-Lexington, road added___l313,1353,1355,1424,2250

184-Montgomery County, road added______ l349,1504,1506,1595,2250

185--Chatham and Jenkins, road added____1349,1504,1506,1595,2250

189--Highway funds for certain municipalities_______

1391

19()-Sanders Ferry Bridge, road added_____l391,1504,1506,1595,2251

INDEX

2435

191-Warrenton-Camak, road added__________________

1391

197-Wayne County, road added____________1393,1503,1507,1596,2251

202-Add to "old Columbia Road," etc. _____1482,1504,1507,1594,2251

203----Add to road, Jesup to Lanes Bridge ___ 1482,1503,1507,1594,2251

21~Road added to Murray County________ l501,1629,1648,1689,2251

217-To increase highway speed limit_______ l572,1626,1649,1864,1915

228---Equipment for making highway signs ______ l624,1799,1808,1855

257-State Aid System, certain road added._l834,1889,1902,2016,2340

HOSPITALS-

93-County Board authorized to operate_______705,784,786,862,1480

138--Regul.ate and fix who eligible to treatment_______

1011

I

INSURANCE-

5--Life Insurance Companies; deposits fixed_______

65,1434

13--Assignment of policies, regulated__________ l09,640,642,693,1861

75-Insurance Inspectors, .authorize appointment_667, 785,786,856,

867,1030,2251 ~ontracts of Life Insurance defined_______705,785,786,863,2257

211-Relative to plate glass_ ----------------1500,1625,1648,1772,2258

L
LABOR DEPARTMENT236--Unemployment compensation, division of________ l677,1773,1800 237-Child Labor, age limit 18 years______________ l677 ,1800,llm,l864 238---Workmens compensation, code amended___ 1677, 1800, lim, 1865, 2380,2411

M

:MAB.KETING, C~PERATIVE6---Non-prOfit co-operative Market Associations ___ l07,640,641,702, 1735,1912

:MEDICAL SCIENCE, HEALING, ETC.-

32-Basic Science, create board of examiners____607,684,723,735,795

87-Liens for Physicians, Dentists, etc.______________

608,943

45--Physician, member County Health Board___616,633,634,746,854

171-Naturopathy, to regulate and define_______ l283,1315,1320,1326,

1448,1731,1873

. :MlLK CONTROL, CATTLE, ETC.46---Milk control, providing for Board and regulations 49-Sale Of Cattle, to regulate_______________________ _

616 617,784

2436

INDEX

68---Horses and Mules, unlawful to misrepresent age_____________________________________________ 635,784,785,855
169--Register brand on bottles___________________ 1256,1629,1648,1777 253--To amend milk laws of 1929______________________ 1794,1872
MOTOR CARRIERS161-Authorize municipalities levy occupation tax ___ 1225,1502,1506, 1810,1823

MOTOR VEHICLES29--S~e of, second hand dealers regulate<L603,632,633,694,822,2257 167-Evidence of ownership, tax paid________________ 1256,1841,1933
118-Tags; revise laws as to description, etc. ________ 808,943,946,1201
122-Vehicles by Railroads; A.niend Act of 193L_809,1163,1165,1278, 1351,1467,1581,1622.
1693' 1763' 1790' 1865 127-Granite and mine products, agricultural pro-
ducts ____________________________________________ 909,1260,1262

2oo-To clarify term "common carrier"----------------

1451

201-Liability, owners relieved_________ 1451, 1504,1507,1608,1622,1770

212-Regulate operation School Buses___________1501, 1626, 1648,1817

221-Commissioner, office created___________ 1573,1626, 1649, 1774,1824.

0

OFFICES ABOLISHED1-Highway Board_______________________________811 ,897,1371,1383

23--State Veterinarian, creating Act repealed___ 602,632,633,644,973

31-Executive Departments, simplify by abolition____

604,615

44-Dept. Game, Forestry, Geology abolished________

616

61-Executive Branch, simplify by abolishing Board of Control, etc. ________ 625,639,643,795,1041,1068,1160,1245,1261

133-State Purchasing Board created__974,1398,1399,1417,1439,1454,

2259' 2323 '2330' 2377 '2382

p

PRISON COMMISSION, PENITENTIARIES, ETC.-

69--Prison .Commission, rules to control clemency

cases____________________________________________

638

128-Salaries Commissioners ; increased_____909, 1229,1231,1415,1438,

1459,2415

228-Highway signs, manufacture oL ____________ 1624,1799,1808,1855

PUBLIC HEALTH45-Health, County Boards, physician member__616,633,634, 746,854 247-Inspection of oysters and shell fish _________ 1725,1836,1842,1931

INDEX

2437

71-Salary of Director and end Of term..____________ 662,960,961,1025 98----State Board co-operate with U. S. Childrens
B u r e a l l___________________________________ 706,960,961,1029,1862 149--Salary Of Director______ -------------- _______1157,1314,1320,1419

PUBLIC SERVICE CO:MMISSION17G-Removal by Governor, amended. ____________1282,1315,1320,1429

PUBLIC UTILITIES259--Street Railways to be Sllbstitllted by "Trackless Trolleys"______________________________ 1887,2004,2009,2086,2384

PUBLIC WELFARE241-Hollsing Commission created_____ 1724,1838,1841,1916,2381,2393 242-Mllllicipalities and Collllties, aid ho11sing projects______________________________ 1724,1838,1842,1916,2255,2309
61-Pllblic Welfare Board created, certain Boards and Burea11s abolished__. _______ 625,639,643,795,1041,1068,1160,1261

R

RADio249-Georgia Radio Commission established____1726,1791,1833,1838, 1889,1917,2384,2412
s

SALARY ASSIGNMENTS, LOANS144-Penalty for violations_______________________1156,1575,1589,1668

15&-Mllllicipalities to license and regu.late_______ ll84,1502,1505,1619

187-Smallloans, Code Chapter 25-3 amended________

1349

SANITY9--Sanity; j11dgment to be final on rendition______108,679,736,740
12-Any person discharged from State Hospital is of SOlllldmind________________________________ 109,640,642,703,740

53-Competency, trial11pon iss11e of persons involved

624

STATE AUDITOR168----Dllties and powers enlarged_____________________ 1256;1796
25o-To extend powers and dllties of___1726,1791,1838,1855,2381,2393

STATE HOSPITAL, MILLEDGEVILLE12-Any person discharged, is of solllld mind___ 109,640,642, 703,740

STATE LffiRARIAN; LAW BOOKS19--SCcehrotaoiln___b_o_o__k_s___s_1_1_p_p_l_i_e_d__t_o___U__n_i_v_e_r_s_i_t_y___L_a_w__ 110,942,945,970

INDEX
SUSPENSION OF OFFICIALB103-Comptroller General, Treasurer ; how suspended__________________________ 730,799,942,945,1089,2257,2335
SUSPENSION OF OFFICERS-
re- 94-Comptroller General, Treasurer ; suspension vised____________________________________________ 705,736,1229

T

TAXES, FEES, CO~SSIONS~ounties not to pay State on execution sales __604,640,642,712, 822,1909,1932,2179 3~orporation taxes, payment to treasury in certain counties___________________________________ 608,722,724,741,1074

41-Tax executions, discount of 10% on sale_______ 6Q9,722,724,742,

1481,1494

42-Tax executions, irregularities not to defeat _____ 609, 722,724,743

105---Twiggs County; amend act abolishing receiver-730, 780,787,823,

1074

no-Gas tax; not be paid counties monthly ________731,869,872,937

124-Motor fuels; regulations revised ______________861,993,1132,2381

153-Tax fi fas., interest rate ________ -~ _____ 1183,1258,1262,1438,1459

146-Tax collections, duties Revenue Commission____ U56,1315,1319,

1418,2340

186-Peddling, veterans exempt from license_____ 1349,1503,1506,1618

192-lncome Tax, pe~sonal exemption.________________

1392

206-Redemption of property under execution sale.__ 1482,1576,1590,

1873,2258

224-County authOrities to levy taxes, etc. _______ 1574,1626,1649,1698

243--Tax Collectors to retain fees as compensation-1724,1893,1901,2090 256-Amend General Tax Act, tax on fairs _______ 1834,1894,1901,2089

u
UNIVERSITY OF GEORGIA1~Law Books be supplied by State Librarian. _____ ll0,942,1H5,970 131-Board of Regents; amend Act defining (Vetoed)_ 910,942,946, 1133,2258 179-Debt due by State, payment of interest ____ 1312,1353,1354,1443

INDEX

2439

PART III

SBNATB RESOLUTIONS.

A
ACCIDENT PREVENTION78-Accident prevention, requesting a special course in all public schools___________________________________ 1264,1296

AGRICULTURE, AGRICULTURE DEPARTMENT----Examinations of Department, report on ______________549,601,602

ALTO SANITORIUMReport of Superintendent________________________
Report Standing Commissioner___________________

876 1632.

AMENDMENTS TO CONSTITUTION (See also Bills)9-To authorize counties to levy tax for medical care ofindagents____________________________________ 112,960,962,1016

17-Authorizing Dalton to enact zoning laws ___627,721,724,743,2384

18-That total divorces may be granted as General Assembly provides________________________________

627,912

21-To require enactment of all appropriations bills

in firSt 30 days of session_________________________

665

23-Relative to creating a Board of Pardons_________ 666,912,920,1020

32-Waycross, authorizing special tax to encourage new industries_____________________________732,810,812,842,2342

33-Ware County, authorizing tax levy to promote new industries__________________________________ 732,810,812,844,1076

34-Pensions, authorizing payment to widows married 1898 ___________________________________ 732,782,787,846,1911,2053

38-Pa.rdons, etc., Umiting power Of Governor, etc.____

839

63-Provide for refunding indebtedness of political

subdivisioiiJL ------ ________ ___________ _____ __ ___ _

1157

82-ITDoiscsrieoant_e_d__e_p_a_r_t_m__e_n__t _o_f_B__o_n__d_i_n_g__a_n_d__S__u_r_e_t_y__C_o_m__-1393,1494,1577

86-To exempt certain manufacturing plants from tax. 1501,1795, 18>7,1928

B

BLIND AOADEMY-

__-Committee Report__________________________ ------

913

---Superintendent Report ___ -----------------------

915

INDEX

BONDS AND SURETIES29-M. C. Arnold, to relieve as surety on bond______ 731, 780,787,2250
79---W. W. Wilson, directing refund of monies paid on bond forfeitures____________________________ .1350,1396,1400,1439

0
COMMENDATORY AND THANKS11-Commending an editorial in Atlanta Constitution 24-Warm Springs Foundation, relative to Ga. quota__ 25-Tcohpainesk_i_n_g__M__a_c_o_n__a_n__d__A_t_h__e_n_s__n_e_w__s_p_a_p__e_r_s_f_o_r__f_r_ee_
35-Atlanta . Georgian, congratulations on silver anniversary _____________________________________ _
36-Atlanta, city of, congratulations on looth anniversary __________________________________________ _
45-U. S. Supreme Court, commending president and urging support __________________________________ _
58-Senator Patten, complimented for handling substitute for House Bill14L _______________________ _
69---Miss Moina Michael, commending her as "Poppy
~dy''--------------------------------------------
72-Senator Paul Lindsay, a vote of confidence extended-------------------------------------------
13-Thanking Lucas & Jenkins for theater passes__ __ so-senator Pope, thanked for presenting pickles ___ _ 87-Senator Millican, congratulated upon arrival of
"Everett Jr."____________________________________ _
88-Women's Democratic Club, thanked for luncheon_ 92-Federal Judiciary, support of President _________ _ 96-Mr. Francis Garvin and Chemical Foundation,
exPression of thanks ____________________________ _ !()()-dSaeyn_a_t_o_r__J_o_e__B_u__r_g_i_n_,_c__o_n_g_r_a_t_u__la_t_e_d__o__n__6_4_t_h__b_i_r_t_h_-
101-Mrs. Margaret Mitchell, appreciation of her book "Gone With the Wind" __________________________ _
102-Senator Purdom, thanked for trip to new penitentiary, etc. ____________________________ .c __________ _
108-Macon Telegraph-Athens Times ________________ _ 109---Appreciation to Newspaper Reporters_--------- __
CONGRESS, MEMORIALS To- . 14-Requesting Senator Russell to re-introduce freight rate bilL _________________________________ _ 41-Harrison-Black-Fletcher bill, memorializing Congress to pass _______ -~ _________ _. ____ -~ ____________ _

112 693 694 792 792,1077 930,1162 1064,1080 1192 1240
604
1365 1556 1674 1811 1871
2011,2256 2058 2311 2311
604,606 897,944

INDEX

2441

44-Sherman stamps, entering protest against________

927

57-Memorializing Congress to remove certain tax in

Act Of 1936---------------------------------------

1065

64-S<cleroerwgiaW__o_rm__,__u_r_g_i_n_g___U_.__S__. _t_o___c_o_n_t_i_n_u__e__w_o__rk___in_ 1158,1584,1608

76-Automobile speed, memorializing Congress to

limit all manufacture to 50 miles a.n hour maximum

1264

0
<lOVERNOR'S MANSION68--Govemor's Mansion, committee to investigate rePairs---------------------------------------------1180,1260,2312

B

HI<lHWAYB47-Jefferson Davis Trail, to designate________________ 936,1080,1081

53-Crawford, William H., designate Highway________ 1011,1064,1078,

1128,1552

75-Hi.ghway Commission, requested to mark center of all paved roads ________________________________ _

1263,1295

HOUSIN<l DEPARTMENTB-

20-To investigate housing needs of Departments____ _

628

I

INVITATIONS-

27-President Roosevelt, invitation to deliver address_

733

51-Hon. J. B. Hutson, joint session to hear address_ 1010,1038,

66-Chappella Choir, Milledgeville, invited to sing____

1096,1165 1176

7o-Miss Colleen Moore, inYited to visit Senate________ 1200,1236

98--Gov. Earle of Penna., joint session to hear address-1886,1896,1978

__-Quail Hatchery, to viSit __ ------------------------

805

Mrs. E. D. Rivers, informal reception_------------

1068

<lov. E. D. Rivers, buffet supper_________________

12'79

IOWA ASSEMBLY83-Icoewrtaa,inStbaitlle__o_f_,__r_e_q_u_e__s_ti_n_g___A__s_s_e_m__b_ly__n__o_t_t_o__p__a_ss_

1423,1554

INDEX

L
LAW BOOKS, TO SUPPLY30--Furn.ishing law books to Twiggs county________732,780,78'7,1480 52-Paulding county, librarian to furnish law books__ 1011,118'7, 1188,1272,1480 85-Wayne county, librarian to furnish books___1483,2005,2009,2080 95-Clarke county, librarian to furnish books ________1834,1902,2005

LIVE STOCK-

60--Joint session to hear representatives of live-

stockineiL________________________________________

1089

LOBBYING-

91-Lobbying, to investigate in Senate Chamber______

1726

MARBLE STATUE-

105-:Miss Moina Michael, permission for marble like-

ness in State CapitoL____________________________

2089

MOTOR VEHICLE&--

19-To extend time for motor vehicle registration____627 ,638,640,689

22-To extend time for purchase of motor vehicle tags

6615

71-Extending time for purchase of motor vehicle tags,

Without penalty---------------------------------77-Motor vehicles, monthly inspection by Depart-

1230,1295

ment of Public Safety---------------------------- 1264,1295

p

PRISON, TATI'NALL COUNTY59-Tattnall prison, commission to study use of_____ _ 93-Tattnall Prison, to investigate use of____________ _ 97-Tattnall Prison, to authorize Governor and Prison Commission to perfect title___ --------------------
PENITENTIARIES__-Tattnall Prison, committee report________________

UY13,1160 1817
18'72,2341
1473

PUBLIC HEALTH9-Taxes for m~cal care; counties________________ 112,960,962,1016

INDEX

PINE MOUNTAIN PROJECT-
26-Pine Mountain Project, authorizing Governor to convey certain lands.-------- ___________________706,812,841,10'16

s

SESQUI-CENTENNIAL74-SesqUi-&lntennial commission, requesting Governor to appoint.------ ____________ -----------------

1252,1370

SCHOOL FUNDS99-Supt. of Schools, to enforce law as to misapplication Of funds____________ -------------------------
STATE SALARIES46-StitoanteanEdmspalloayreieess,_c__o_m__m_i_s_s_i_o_n__t_o__s_t_u_d__y__9_l_a_s_S_i_fi_c_a_-

1887,2002 936,10'18

SYMPATHY81-0. S. Claxton, sympathy upon death of mother.. _ 37-H. R. Cannon, sympathy upon death of_________ _ 39-Senator Guy Jackson, sympathy upon death of brother_________________________________________ _
~Senator Fowler, sympathy upon illness and hope for speedy recovery ______ -------------------------
49--A. N. McLeod, moum passing Of_________________ _ 50-Hon. Collins Bird, sympathy to family___________ _
5 6 - Hd eoant.h Lo.f_G__. _H__a_r_d__m__a_n_,__s_y_m__p_a_t_h__y__t o___f_a_m__i l_y__u__p_o_n_
62-Hon. E. R. King, regret as to his illness__________ _ 66-Senator F. Q. Sammon, sympathy upon illness__ _ 67-Senator W. J. Peterson, extending feliCitations
upon recovery------------------- __ -------- ______ _ 73--Senator J. J. Flynt, sympathy in illness_________ _ 84-D. F. McOlatchey, memorial upon death Of_______ _ 89-W. B. Harrison, regret over illness________________ _

742 799
896 975 1010,10'18
1033,1073 1097 1158
1100 1241 1432,1461 . 1675

T

TAX STUDY1..._Tax Question, commission to make study and
report--------------------------------------------

2116,2341

u

UNIVERSITY OF GEORGIA8-Depositing old papers in Library of University____ 111,942,946,
1000,1634

INDEX

94-School of Dentistry, request Board of Regents to establish _________________________________________ 1823,1854,2257

w
WORLD FAIR OOMMISSION90-N. Y. World's Fair, governor to appoint a comm1ssion _____________________________________________ _ __Thanks to officials and attaches ________________ _ Presentation of gifts ____________________________ _
PROCBDURB
ADJOURNMENTS. R. Notify House_______________________________ H. R. Notify Senate______________________________ H. R. Notify Governor____________________________ H. R. Sine Die_-------------_-----------------___

1727,1811 2401 2401
2415 2417 2417 2417

INDEX

PART IV

BOUSB BILLS AND RBSOLUTIONS ACTBD ON IN SBNATB

ORGANIZATION AND PROCEDURE:

Committee to notify Governor (H. R. 2)---------------

29

Adjournment after Inauguration (H. R. 8)____________

34

Adjournment sine die short session (H. R. 22)________

546

Regular session, notification to Governor (H. R. 33)___

614,615

Joint session for message from Governor (H. R. 42)___ Joint session, escort to Governor (H. R. 43)___________

630,631 637,644

Joint session, message from Governor (H. R. 212)_____ 1687,1693,1700

Inauguration :

Committee on program, etc. (H. R. 4)__________ 33,38,41,63

Committee of Escort (H. R. 7)_________________

34

Joint session for inauguration (H. R. 9)______

37

BOUSJ: BILLS
A
AGRICULTURE; AGRICULTURAL DEPARTMENT. 86-Barter or sale of animals, bill of sale____ 1369,1420,1797 ,1805,2144 259-Damaged feed stuffs, penalties_________1074,1082,1352,1355,1428 260-Feed stuffs, registration________________1074,1082,1352,1355,1428 274-Eggs, regulate marketing of_____________1095,1125,1260,1263,1429
409-Bangs Disease, control of_______________ 1369,1420,1737 ,1744,1992 484-Milk Laws, Act 1929 amended______ 2192,2197 ,2215,2344,2362,2383
AMENDMENTS TO CONSTITUTION (See also Resolutions)2-Qld Age Pensions, dependent children_____ 777,790,940,947,1000, 1043,1066,1215,1261 1o-Justices of the Peace, jurisdiction_______________ _ 26---Homestead tax exemption-_______1369,1423,1448,1576,1697,1860, 1863,1918,2177,2211,2214,2253,2271 so-Personal property tax exemption________ 1369,1420,1448,1579,1608 33---Temporar;v Loans, Richmond County________ 665,670,721,725,747 34-Classification of property__________834, 839,912,921,979, 1039,1062
235-Supreme Court Justices disqualification ____ 1801,1827,2078,2356 5~Alban;v, increase bonded debt__________ 2013,2066,2076,2162,2277 6!J4:...:-Fulton, limiting tax lev;v________________2114,2199 ,2224,2237,2364
Ai'PRo"PRIATIO~S78-Cancer control, $100,000.00_________2153,2193,2234,2239,2358,2383

2446

INDEX

119---General, tor halt year to June 30_______ 630,631,637 ,668,671,674,
69a, 713,714
122-Salaries, Comptroller-General and Treasurer__908, 922, 1012,1013, 1069
275---Mill.edgeville Hospital, to pay debt_______________751, 781,790,824 536--Live Stockdevelopment_____________________ 2063,2066,2344,2364 652-Jefferson Davis Park, $15,000.00________ 1910,2011,2079,2234,2361 761-General Appropriation Bill, bienniaL _______ 2064,2067,2118,2234,
2300,2303,2343,2353,2383,2397
ARRESTING OFFICERS338---0fficers of other States, powers in Ga. _______ 2155,2193,2230,2368
ATHLETICS695---Boxing, Sparring etc., regulated___ 2159,2195,2216,2232,2349,2383

B
BANKS AND BANKING320-State Depository, Tignall, Code amendment _____ 1857 ,1874,1890, 1898,2030 444-Interestonloans_______________________ 1583,1615,1738,1744,1998
664-State Depositories, Code amendment ___2158,2198,2223,2237 ,2345
BUILDING CODES588---Electrical, plumbing, etc. inspectors regulated___1552,1566,1626, 1822
BEVERAGES427-Alcohol Beverage Act______ ..1857 ,1875,1892,1903,2010,2094,2103,2114,2156,2176,2255,2294,2299
BOARDS OF EXAMINERS7-Practice of Dentistry regulated-_720,725,735,737,802,835,857,867 56--Barber and Beauty Schools regulated _______ 2155,2192,2221,2235, 2343,2347,2353,2376,2382
190-Architecture, practice regulated ___ 1670,1677,1837,2054,2096,2361
279--Engineeringregulated_--~--------------2159,2193,2216,2352,2355
397-Plumbers, Steam Fitters, Fulton___2Q62,2066,2219,2235,2327,2352 524-Pharmacists, registration of, amended_ -1857,1875,1893,189S,2140
c
CHAIN STORES, etc.107-Tax upon __________ 1260, 1291,1797, 1~.1813,2168,2203,2253,2254, 2291 ,2347. 2373,2382
CITY CHARTERS537-Albany, charter amended_______________ 1227,1235,1284,1290,1408 698--Americus, charter amended_____________1681,1729,1835,1844,2040

INDEX

2447

756-Athens, charter amended______________________________ 1684, 1732

555--Atlanta, charte:t amended_________ 1324, 1367,1892,1898,2019,2060,

.

2061,2102,2253,2271

697-Atlanta, charter amended ______________ 1687,1729,1792,1892,1932

750-Atlanta, pensions, Fire Department______________ 2063,2067

769--Atlanta, special pension ________________ 1742, 1787,1892,1900,2082

340-Augusta, charter amended ________________ 992,993, 1079,1081,1127

429--Boston, property for school purposes ___ 1181,1190,1352,1355,1404 466-Bowden, charter amended______________ 1096, 1125,1186,1189,1271

290-Brunswick, reduce city limits________________ 779, 792,869,872,931

354-Brunswick, street or road duty _________ 1041, 1082,1230,1233,1269

829--Buford, charter amended _______________ 2007 ,2071,2149,2164,2248

184-Cartersville, charter amended________________ 701, 710,736,738,804

798-Cedartown, charter amended ___________ 1911,2012,2077,2078,2121

753-Charles, charter amended ______________ 1684, 1732,1835,1847,2048

649--Chatsworth, charter amended __________ 1447, 1454, 1503, 1509, 1591

754-Chauncey, charter amended____________ 1684,1732,1835,1847,2049

624--Cedartown, charter amended ___________ 1394, 1421, 1486, 1487, 1521

563--College Park, charter amended __________ 1324,1367,1435,1437,1463

748-College Park, charter amended __________ 1684,1732,1834,1847 ,2047

656-Columbus, charter amended. ___________ 1680,1728,1835,1844,2035

277-Columbus, extend City limits ________________ 778, 791,869,872,931

803--Colquitt, charter amended ______________ 1861,1877 ,1892,1901,2052

625--Cordele, charter amended _______________ 1447, 1453,1503,1509,1593

356--Cmnelia, distribution Of water_________ .1042,1083,1230,1233,1269

72{}--Covington, charter amended ______ 1683,1731,1835,1845,2143,2259

839--Covington, charter amended ____________ 2159,2196,2225,2238,2325

491-Dawson, charter amended ______________ 1182,1191,1284,1290, 1407

355--Demorest, charter amended_____________ 1041, 1082,1230,1233, 1269

445--Douglasvilltl, charter amended__________ 1076,1085,1176,1186,1270

87-Dublin, charter amended ___________________813,821 ,977,996,1036

805--Dublin, charter amended__________ 1911,2012,2094,2226,2267,2339

592--Eastman, charter amended _____________ 1325,1368,1435,1437 ,1464

222-East Point, charter amended_________________ 778, 791,869,871,931

632-East Thomaston, charter amended ______ 1395,1422,1503,1509,1592

804-Flowery Branch, new charter ___________ 2Q15,2069,2149,2164,2247 11-Forsyth, charter amended ___________________ 677 ,685,811,813,861

822-Gainesville, charter amended_1909,1979,2011 ,'lff/7,2120,2124,2259 543-Griffin, charter amended _______________ 1293,1323, 1435,1438,1462

529--Griffin, charter amended_______________ 1292 ,1321,1627,1655,1692

647-Hapeville, charter amended_____________ 1447,1453,1503,1509,1592

252-Hill, incorporated, new charter___________________

778,791

298-Homerville, new charter __________________814,821,1230,1233,1268

294-Jonesboro, charter amended_~--- _________ 779, 792,1079,1081,1127 439--Lavonia, charter amended ______________ 1095, 1125,1230, 1233, 1270

707-Macon, charter amended________________ 1682,1729,1835,1845,2041

2448

INDEX

772-Macon, charter amended ________________ 1742,1787,1835,1848,2050 771-Macon, charter amended________________1742,1787,1835,1848,2050 657-M:acon, retirement pensions_____________ 1672,1673,1797,1~,2036 660-Macon, work hours for firemen _________1671,1678,1797,1806,2036
67o-Mclntyre, limits changed, referendum_-1671,1678,1796,1806,2037 573-M:idville, charter amended ______________ 1293,1323,1797,1805,2034 758-Milledgeville, charter amended.. _________ 1685,1732,1835,1848,2025 716-M:oultrie, charter amended______________1682,1730,1835,1845,2023 609-Newnan, charter amended______________ 1394,1421,1503,1509,1593 802-Perry, new charter______________________ 2()15,2069,2149,2164,2247 688-Rome, charter amended _________________ 1672,1679,1797,1807,2039
623-Rossville, charter amended_______________________ 1394,1828 126-Savannah, charter amended____________ 678,686, 961, 963,978,1261 641-Savannah, charter amended_______ 1447,1453,1791,1835,1880,200'7 764-Smithville, charter amended.._____________________ 1741,1787 591-Soperton, charter amended_____________1325,1368,1435,1437,1463
705---Swainsboro, charter amended._____1681,1729,1835,1845,1919,2040 142-Sylvania, charter amended___________________ 679,687,811,813,862
665--Taylor, charter amended_------ _________1680,1728,1892,1898,2037 29-Taylorsville, new charter_________ -------- ___677 ,685,736,738,803 634-Thomaston, charter amended___________ 1395,1422,1503,1509,1592 807-Thomasville, charter amended__________ 1859,1877,1892,1901,2052 674-Tifton, charter amended________________1680,1728,1835,1844,2038
733-Tybee, charter amended_______ ------ ___1684,1731,1834,1846,2099 728-Valdosta, charter amended _____________ 1683,1731,1835 ,1846,2044 347-Valdosta, charter amended _____________1041,1082,1257,1263,1308 436-Valdosta, City limits extended __________ 1181,1190,1257,1263,1308 164-Warrenton, charter amended _________________ 778,791,869,874,930 165--Warrenton, charter amended _________________813,821,869,871,930
796-Waynesboro, charter amended __________ 1859,1.877,1892,1901,2051 813--Waynesboro, charter amended..________ 1908,1979,2010,2077 ,2119,
2124,2293 538-Waynesboro, charter amended __________ 1292,1322 ,1502,1509,1593
459---Woodville, charter amended_------- _____ 1095,1125,1230,1234,1271

CODE .AMENDMENTS1-Section 96-1601 Repealed___________________ 64,811,897 ,1371,1383

3-Section 75-101; rate of interest on contracts ______ 65,667,669,690

&-Sections 56-203 et. seq; c<H:>perative marketing___ HY7,640.,641,

702,1735,1912

7-Section 37-607 ;power of sale in deeds_107 ,640,641,691,1096,1134 8-Section 31-110; dower rights________________ 108,640,641,691,2256

48-Section 95-1606; state planning commission_______

617

16-Section 46-208 ; garnishment exemptions_____ no, 941,945,969,998

18-Section 38-418; confidential communications 110,735,957,999,1003 20-Section 5-1105; fertilizer tags__________________ ll1,866,1624,1837

INDEX

2449

30-Section 92-8201 ; tax execution salesJJ04, 640, 642,712,822, 1909,1932

33-Section 3851 ; relieve restrictions on certain estates_ 607, 667, 669,

712,1293,1318

51-Section 20-506, claims for attorney fees ______618, 667,669,717, 800

55-Section 24-1707; court clerk authority of Ordinary 624,628,836,

837,898

5s--:..Section 45-501 ; open season hook and line fishing_ 624,710,723 62-Title 101, inserting new words ___________________ 626,667 ,669,726

63--Section 26-2402, punishment for burglary ____ 626,670,837 ,838,899

64-Section 26-1603; punishment for kidnapping,

death ___ ~--------------------------------------626,667,726,1294 65-Section 24-2502; Jury to provide the sentence___ 626,837 ,838,901

7Q--Section 78-204; pensions widows and veterans___ 638, 735,737 739

71-Director of Public Health ; to fix salary _________ 662, 960, 961, 1025

79--Section 34-1302; time for voting___________________

681

81-Title 13; reports on banks________________________

681,782

82-Section 13--401, et. seq.; Bank Exams._-----_____

682,782

83-Section 13-1901, liability on bank stock_____ 682,782,786,856,1742

84-Section 13-2031; losses on bank stock ____________ 682,782,786,857

85-Section 13-2012; loans to bank officials__________ 682, 782,786,858

86-Section 13-701 ; impairment capital stock of banks_

683,1259

87-Section 13-2013; bank loans lirilited ___________ 683,1259,1262,1415

88-Section 13-8ll; FDI as liquidating agents________

683,1259

89--Section 13-20 ; relieve banks when deposits insured __________________________ c ________________________ 683,1259

9o--Section 13-2023; banks holding stock, etc.________

684,1285

91-Section 73-201; State oil chemist_______704,728,837,859,1371,1382

94-Section 40-406 ; suspension treasurer or Comptroller-General____________________________________ 705,736,1229

9a--:-Section 26-2502; death penalty for robbery______ 705,837 ,838,933,

967,1686 l(l(}-Section 40-406; Supplemental appropriations ____720,783,786,863 101-Section 42-207 (2ll2); feed stuffs ________________721,837 ,839,935
102-Section 42-202 (2107); feed stuffs, registration____ 721,837 ,839,935 lOB-Section 24-2702 ; court clerks to practice law ____731,943,945, 1089 no-Section 92-1410; gas tax to counties______________731,869,872,937
112-Section 201, Chap. 77 ; counties provide for misdem e a n o r c o n v i c t s ______________________________176,1229,1231,1266

113--Section 13-901; capital stock banks______776,1285,1287,1399,1443

118-Section 68-214; motor vehicle tags ______________ 808,943,946,1201

121-Exclusive franchises; powers of municipalities____

809,1502

124-Chapter 73-2; motor fuels ______________________861 ,993,ll32,2381

125-Section 13-501; reports of state banks _____ 909,959,962,ll32,1742

128-Section 77--303; salaries Prison Commission__909,1229,1231,1415,

1438,1459,2415 130-Section 5-112 (vetoed) ____________________ 910, 1228,1231,1619,2341

INDEX

133----Section 40-l901; State Purchasing Agent ____974,1398,1399,1417,

1439,1454,2259,2323,2330.2377,2382 135-Section 55--201; ex parte injunctions__________ 975,1037 ,1038,1134

141-Section 23-1403; powers county police________1037,1229,1232,1273 142-Section 22-1302 ; dissolution corporations~ ______ .1080,1228,1232,

145-Section 87-3; refunding bonds___________________

1272,2338 1156

146-Chapter 92-58; duties Revenue Commission _____1156,1315,1319,

1418,2340 148-Chapter 5-9; diseases of bees_____________ ---1157,1629,1648,1697

149-Section 88-105 ; Salary Health Director.. ____ .1157,1314,1320,1419

152-Title 13; control private banks _____1183,1257,1262,1309,1416,1495

153-Section 92-5001; interest tax fi fas. _____1183,1258,1262,1438,1459

167-Section 68-201; motor vehicles___ -----------------1296,1841,1933 17Q-Section 93-205; Public Service Commission__1282,1315,1320,1429 174-Chapter 92-69; tax returns______________ 1283,1576,1589,1696,2258

175-Section 92-7601; penalties, tax executions ________1283,1576,1589,

1773,1813

18'7-Chapter 25-3; smallloans-------------------------

1349

192-Section 92-3106, income tax exemption____________

1392

193-Chapter 106-3; business under assumed name____

1392

194-Section 4&-101, garnisrunent, wages exempt__1392,1737,1743,1813

195-Section 13-2015, real estate bank loans..1392,1485,1486,1569,2258 196-Chapter 15-3, 15-304, Forest Reserves____1393,1470,1484,1497,2341 198-Section 32-1008, School Supts. _____1433,1485,1486,1520,1571,1917

206-Repeal Sections 92--4402, 92-8301 redeem property under execution sale. _____ -------- _____ 1482,1576,1590,1873,2258
215-Section 59-703, jury system, civil cases_______ 1501,1737,1743,1871

217-Section 68-301, speed limit--------------1572,1626,1649,1864,1915 22o-Section 34-805, election oath_________________1573,1623,2004,2092

222-Section 1Q0--101, depositories___ --------- _____ .....1573, 1627,1649 225-Section 34-103, broaded election oath________ 1574,1623,2004,2090

227-Section 24-4108, salary Deputy Clerk Supreme Couxt___________________________________ 1624,1735,1743,1814,2259

237-Section 54-301, Child Labor_______________ ...1677 ,1800,1809,1864

238-Section 114-107, workmens compensation________ 1677,1800,1809,

1865 ,2380' 2411 239-Section 85-1312, franchises ____________ .1724,1795,1809,2015,2340

244-Section 3&-202, eminent domain ________ 1725,1798,1809,1856,2255

251-Section 5-1001, fertilizer inspectors_______________

1793

252-Section 113-1706, petition to sellland_____________ 1793,1839,1842

258-Section 45-308, deer and wild turkey______________ 188'7,2003,2009

1-Section 89-901-2, fiscal year __________________ 629,630,637,668,670

31-Section 5&-207, insurance, capital stock......973,m ,1164,1211 59-Section 2&-7303, life guards for surf bathers____1581,1613,1736,

1744,1998

INDEX

2451

91-Section 105-1306, recovery for homicide.2191, 2197,2231,2270,2363 140-Title 921, income t;ax_ _______ 1860,1874,1978,2225,2260,2294,2302,
2312,2368,2378 161-Section 67-107, mortgages, time limiL1159,1168,1628,1650,1695,
1912,2053,2300 169--Chapter 54-1,'Commissioner of Labor.1035,1038,1484,1487,1494,
1522,1721 '1745, 1860,1863; 1897,1919,2062,2110
172-Title 27-2703, probation officers, city courts_____ 1801,1826,1840, 1843,2027
190-Sections 84-321, 84-9903, architecture_____ .1670,1677,1837,2054, 2096,2361
259-Section 42-207, feed stuffs_____________ 1074,1082,1352,1355,1428 260--Section 42-202, feed stuffs_____________1074,1082,1352, 1355,1428
284-Section 41}-206, suspension of Comptroller-
Ciene~---------------------1159,1168,1229,1232,1275,1864,1992
295--Chapter 92-22, cigars and cigarettes...1802,1827,1833,1980,2008, 2053,2055,2062,2064,2156, 2166
316-Section 77-323, convict-made goods_ --------1159,1168,1229,1233 318--Repeal Section 24-2628, rules Of court practice___2155,2193,2231 820-Section 10Q-101, depository, Tignal1____ 1857,1874,1890,1898,2030 841-Section 10&-3; trade names ..1555,1565,1628,1653,1878,2008,2054
2065,2124,2140,2160,2260 413--Section 68-623, motor common carriers_ __2153,2194,2216,2232,
2337,2338 431-Section 45-329, fur bearing animaJ.s______________ 1582,1615,2003 444--Section 57-116, interest on loans_______ 1583,1615,1738,1744,1998 524-Section 84-1319, Pharmacists___________ 1857,1875,1893,1899,2140 545--Section 855 (Parks) sales tomunicipalities _______2Q59,2069,2148,
2161,2242 560-Section 92-6911, tax assessors__________2063,2066,2074,2161,2338 582-Section 56-309, Insurance deposits_____2158,2201,2225,2236,2347 614-Section 92-3702 et. seq. ; tax limitation on coun-
t i e s_____________________________________ 2113,2201,2225,2236,2354
642-Section 56-224, Inswance Investments.1908, 1979,2006,2010,2144 664-Secti.on 1oo-1o1, State Depositories____2158, 2198, 2223, 2237,2345 689-Section 32-104, Board Of Regents ______2()61,2198,2219,2237,2337
COMPTROLLER-CiENERAL & TREASURER122-Salaries during suspenslon.._________________908,1012,1013,1069
284-Suspension of regulate<L-1159,1168,1229,1232,1275,1864,1992
CONSERVATION159-Department Of Natural Resources______ l226,1234,1290;1350,1385 333---Agriculturallands___ ----- ___ ---- _____ .1739,1784,1816,1837,1872 676-Soil erosion, control of_________________2()14,2067,2073,2162,2314

2452

INDEX

COUNTIEB364---Bacon, County Board, amended _______ 1074,1083,1397,1400,1440 598-Baldwin, bond of Sheriff_ _____________ 1454,1462,1580,1588,1663
644-Baldwin, fees in divorce cases__________ 1680,1727,1893,1900,2035 314-Banks, Bond of Sheriff_ ________________ ,958,964,1163,1166,1212 252-Barrow, to incorporate Hill_____________________________ 778, 791

455---Barrow, County Board re-created _____ ll81,1191,1287,1289,1415,
1484,1495 62-Bartow, four terms Superior Court _________834,840,911,921,965 21~Bartow, City Court amended________________778,791,913,921,965

662-Ben Hill, County Board, Act repeale<L_1671,1678,1800,1806,2036

663-Ben Hill, bond of Sheriff______________ 1671,1678,1800,1806,2037

763--Ben Hill, Board of Education. _________2060,2070,2139,2152,2243

398-Berrien, County Board, amended______ 1075,1084,1163,1167,1213

714-Berrien, bond of Sheriff_______________ 1682,1730,1792,1839,1879

191-Bibb, salary of Coroner________________1555,1565,1626,1650,1822

628-Bibb, Commissioners salaries __________ 1553, 1567,1626,1657,1692

633--Bibb, training school branch_____ 1858,1875,1896,1899,2145,2293

708-Bibb, stenographer for inquests_______ 1803,1876,1895,1900,2041

61~Brantley, to maintain school bus routes ________1370,1421,1436,

1437,1464

616-Brantley, bond of Tax Commissioner__ 1370,1421,1436,1437,1465

617-Brantley, fee system abolished, certain officials_1479,1491,1576,

41-Bryan, remove county site_______________________

1588 699,707

709-Bryan, County Treasurer, amended____ 1682,1729,1840,1845,2042

no--Bryan, County Board, amended _______ 1672,1679,1800,1807,2042

544-Bulloch, fee system abolished__________ 1479,1490,1736,1744,1879

737-Bulloch, Tax Commissioner created____ 1740,1785,1839,1846,2045

738-Bulloch, City Court, fee system abolishe<L______ 1740,1785,1839,

.

1846,2045

739-Bulloch, County Board created________ 1740,1785,1839,1846,2046

809-Bulloch, special criminal bailiffs_______ 2061, 2199,2221,2237,2329

434-Burke, bond of sheriff_________________ 1075,1084,1187,1189,1270

797-Burke, tax officials, Act amended______ 1859,1877,1892,1901,2052

283-0arroll, to relieve Tax Commissioner___ 1476,1488,1579,1586,1662

7~Catoosa, create office Tax Commissioner____700,708,784,789,817

401-Charlton,. bond of Sheriff_ ____________ 1075,1084,1163,1167 ,1214

65o--Chattahoochee, County Board, Act repealed____1447 ,1454,1580,

1588,1661,1743

182-Chatham, Board of Education, Pension system_________________________________________ 701,710,736,738,804

593--Chatham, tax levY limited_____________ 1325,1368,1396,1402,1464

30~Chattooga, County Board, amended_____ 958,963,1187,1189,1268

265-0larke, Tax Collector to appoint deputies_______1475,1488,1628,

.

1651,1691

INDEX

2453

648--Clayton, City Court of Jonesboro establishe<L__ l447,1453,1580, 1588,1664
296-Clinch, County Court abolished_________ 779,792,1230,1233,1267 297-clinch, County Board, amended. ________779, 792, 1187, 1189, 1268 276-Cobb, road added______________________ 1476, 1488,1503,1508,1597 476-Qoffee, Tax Receiver,.created __________ 1227, 1234,1284,1289,1406 477-Coffee, Tax Collector, created __________ 1227,1234,1284,1289,1406 478-coffee, Tax Commissioner, substituted________ 1227, 1235,1284,
1289,1406 574-Doffee, salary, Tax Commissioner, repealed _____ 1324, 1368, 1396,
1401,1442 621-Coffee, County Board, Act repealed____ 1394,1421,1831,2146,2151 661-Coffee, Special Bailiff__------------------ _______ 1858, 1875,2314 622-Coffee, County Board recreated._______ 1394 ,'1421,1831, 2146, 2151 13(}-Cook, bond of Sheriff_ _____________________ 700,709,784,789,818
73-Coweta, Tax Collector and Receiver, amended.700,708,784,789,816 718--Decatur, County Board, amende<L_____ 1683,1730,1840,1845,2043 551-DeKalb, special criminal bailiffs _______ 1802,1828,1895,1899,2082 607-DeKalb, dance halls, arenas, etc. licensed.______ 1739,1785,1839,
1843,2122,2292 486-Dodge, salary, Tax Commissioner_______ 1291,1S21,1396,1401,1441 488--Dodge, County Script, court expenses_1292,1321,1504,1508,1594 489-Dodge, goats at large prohibited_______ 1478,1490,1577 ,1587,1665 686-Dodge, primaries regulated ____________1671,1679, 1800,1806,2038 687-Dodge, primaries, holding oL_________1672,1679,1800,1806,2039 755--Dodge, County Treasurer, Act amended_________1741,1786,1839,
1848,2049 824-Dool.y, bond of Sheriff_ ________________2007 ,2071,2704,2164,2247 383-Douglas, bond of Sheriff______________ 1075 ,1083, 1163, 1167, 1213 680--Earl.y, City Court, Act amended________ 1681,1728,1840,1844,2038 481-Echols, Bond of County Board________ 1291,1320,1800,1805,2017 539--Echols, relieve officials of giving bond_1293,1322,1800,1805,2033 174-Effingham, County Board to be elected, amend-
e d __________________________________________ 701,709,780,790,819
547-Elbert, tax officials, amended__________l293,1323,1397,1401,1442
533-Emanuel, County Board, amended-1292,1322,2112,2215,2217,2383 479--Fannin, County Board, amended______1227,1235,1287,1290,1407 779--Fannin, County Board, amended______2063,2067 ,2074,2162,2244 202-Forsyth, three term Superior Court____1475,1488,1579,1586,1666 90--Fulton, County Board toregulatetraffic_1474,1487,1580,1587,1667 105--Fulton, County Board, amended.________733, 734,1163,1166, 1212
397-Fulton, Plumbers, Steam Fitters__2062,2066,2219,2235,2327 ,2345 505--Fulton, slum clearance, health insurance_______1478,1490,1580,
1587,1665 553-Fulton, Civil Service for teachers______1556,1566,1738,1745,1810 554-Fulton, Board of Education, duties defined_____1556,1566,1738

INDEX
590--Fulton, system of garbage disposaL ___1479,1491,1579,1587 ,1667 '7()4.,--Fulton, Welfare Board created_________1681,1729,1792,1836,1864 749-Fulton, Compensation, Court reporters_____1910,2012,2099,2380 ~Fulton, Milk Control__________________2191,2198,2215,2344,2855
42--Qlynn, County Commissioners__ -----------699,7f/1,784,788,814 44--(llynn, secretballot-------------~-----1394,1420,1436,1446,1462 45-Qlynn, salary Tax Commissioner____________699,7f/1,784,788,815 46-Glynn, create County Board.._______________699,708,784,788,8UI
375-Glynn, City Court Judge and Solicitor elected..__ 973,977,1396, 1400,1440
~rad7, salary Judge City CourL _______________678,685,788,816
631-Gwinnett, County Board, salaries _____1395,1422,1436,1437,1465
731-Gwinnett, City Court established..1683,1731,1793,2i46,2151,2293 791-Hall, Lula School District amended..___ 1911,2012,2149,2163,2245 823-Hall, County Board amended,__________1909,1980,2073,2ff18,2121
181-Haralson, Independent School Sntem, Talla-
IKXlSB----------------------------------------834,1286,1288,1403 581-Haralson, Tax Officials, amended______ l325,1368,1396,1401,1442 47o--Heard, County Board, amended_______ ll82,1191,1287 ,1289,1405 132-Houston, bond of Sheriff___________________701,709,784,789,818 542-Jackson, bond of Sheriff______________ 1293,1322,1396,1401,1441 552--Jasper, Tax Officials, amended________1324,1367,2118,2233,2319 654-Jefferson, bond of Sheriff_____________1671,1678,1799,1806,20lm
713-Jefferson, County Board, amended..___1682,1730,1839,1845,2043 175--Johnson, County Commissioner (Ordinary)_701,709,784,790,820 76-Lamar, fix salary Sheriff____________________700,708,784,789,817 826-Lanier, County Board, amended_______2064,2ff11,2149,2164,2247 204-Laurens, bond of Sheriff______________1095,1125,1187,1188,1267
soo--Laurens, Criminal Bailiff, Act repealed..2159,2196,2231,2270,2347 205--Laurens, County Board, amended_______814,821,2118,2230,2273 458--Laurens, misdemeanor trial costs___________1478,1489,2010,2228
46Q--Laurens, JUI7 Commissioners compensation..___2059,2069,2150, 2161,2218,2383
408-Liberty, county board elected by districts_______1ff15,1084,1258,
1263,1429 376-Lincoln, Bond of Treasurer, how paid_1f/15,1083,1163,1167,1218 706-Long, bond of Sheriff_________________1672,1679,1799,1807,2041 346-Lowndes, candidates for General Assemb1y_____1477 ,1489,1577,
1586,1666 825--Lowndes, bond of Sheriff_____________ 1909,1980,2073,2ff19,2121
715-Lumpkin, County Board amended..________1584,1617,1626,1658, 1688,1734,1784
54-McDuffie, Treasurer, amended______________700,708,722,725,750 373-Mclntosh, bond of Sheriff_____________1074,1083,1484,1486,1522 289-Macon, salary county board_________________778,791,911,921,966
302-Madison, County Board, amended__________835,841,961,963,979

INDEX

2455

636-Marion, County Board created_________ 1395,1422,1436,1438,1465 637-Marion, County Board, Act repealed___1395,1422,1436,1438,1466 378-Meriwether, election to General Assembly_1446,1452,1577,1586,
1591,1632,1664,2341, 2344 25-Mitchell, Tax Commissioner, amended______699, 70'7,784,788,814 602--Mitchell, bond of Sheriff______________ 1740,1784,1840,1843,2034 327-Monroe, bond of Sheriff_________________958,964,2117,2379,2411 463-Montgomery, County Board provided for________ 1160,1169,1285,
1289,1405 277-Muscogee, to extend city limits______________ 778, 791,869,872,931
452-Muscogee, County Officers by primal'Y_1446,1452,1580,158'7,1662 471-Muscogee, bond of Sheriff_____________ 1182,1191,1285,1289,1405 838-Newton, salary of Treasurer ________________2060,2070,2221,2238
725-0glethorpe, City Court, amended..1683, 1731,1894,1931,2023,2253 777-Pierce, County Board re-created _______ 1686,1832,2230,2256,2283 778-Pierce, County Board, Act repealed____ 1686,1832,2230,2256,2287 157-Pike, bond of Sheriff_______________________701,709,784,790,818
483-Pulaski, County Treasurer, amended__ 1227,1235,1287,1290 ,140'7 531-Putnam, County Board, amended_______________ 1292,1321,2118 81o-Putnam, County Board, amended_______________ 1859,1878,21.18 441-QUitman, County Board re-created______________ 1035,1038 821-QUitman, County Board, Act repealed..2015,2071,2229,2240,233'7 33-Richmorid, temporary loans_____________________665,670, 721,725
527-Richmond, Teacher-tenure fixed _______1324,1366,1485,1486,1522 679-Richmond, county officers changed to salary
s y s t e m _________________________________ 1739 ,1785,1839,1844,1999
721-Richmond, Public education, Actamended_____1683,1731,1839, 1846,2044
836-Richmond, pensions, county employees_2160,2200,2225,2238,2328 522-Schley, County Board, salary of Clerk_1292,1321,1396,1401,1441 48-Stephens, City Court created___________________834,840,947,964
666--Stephens, County Board, Act repealed..1553 ,1567, 1626,1658,1692 667-Stephens; County Board re-created.. _______1553,1564,1626,1658,
1690,1723,1809.2008 776--Stephens, City Court amended________ 1741,1788,1840, 1848,2051 358-Sumter, election to General Assembly__1446,1452,1577 ,1586,1662 43--Salary, Judge City Court Brunswick____ , __ 677 ,685,811,813,861 692-Tax Collector and Receiver, Act amended_______1681,1728,1840,
1844,2039 638-Taylor, bond of Sheriff________________ 1671,1678,1800,1~,2035 214-Tift, County Board amended____________________ 835,840,1484 806-Tift, County Board re-created ___________________ 1908,1979,2118
400--Towns, election School Superintendent____1477,1489,2117,2379 339-Turner, bond of Sheriff_________________958,964,1163,1167,1212
442-Union, County Treasurer, abolished___ 1076, 1084,1163,1167,1214

2456

INDEX

443-Union, Tax Commissioner created _____1076,1084,1163,1167,1214 450-Washington, Tax Commissioner, substituted___1685, 1727,1839,
1843,2033 747-Washington, salary County Board_____1684,1732,1839,1847,2047 751-Washington, County Council repeale<L1741,1786 ,1835,1847,2048 752-Washington, County Council re-create<L1741,1786,1835,1847,2048 352-Wilcox, County Board amende<L_________958,964,1163,1167 ,1212 712~Wilkinson, County Board, amended ___ 1682, 1730, 1839 ,1845,2042

COUNTY OFFICIALS, SALARIES626-Salaries, County Officials, annual basis_2114,2198,2220,2236,2334

COURT PROCEDURE644-Baldwin, Superior Court, certain fees regulated _____ 1680,1727, 1893,1900,2035 86-Bill of Sale, barter or trade of animals_1369,1420,1797 ,1805,2144 93-Charitable trusts by wilL__________________866, 872,942,947,980 318-Convention of Judges, repealed _________________ 2155,2193,2231 4-Excepting to charge of court____________________ 670, 735,737,802 53-Juries, drawing of, Code amended_____1857 ,1874,2075,2078,2145 460--Jury Commissioners compensation, Laurens ____ 2059,2069,2150, 2161,2218,2383 ~Official organ, selection oL ____________2160,2194,2215,2236,2360 241-Prohibit ordinaries giving advice_________________ ll59,1168,1314 83-Suits, Motor Carriers, how brought_________ 1094,1124,1398,1400
COURTS; SUPERIOR, CITY, etc.603-Atlanta Criminal Court amended ______2059,2070,2074,2162,2243 215-Bartow City Court, amended_______________ 778, 791,913,921,965 89-Atlanta, mUnicipal court, amended_____ 678,686, 722,725,750,924 564-Atlanta, MUnicipal Court, amended ___ 1324 ,1367,1435,1437,1463 604-Atlanta, MUnicipal Court, salaries fixed ________ 1446,1453,1486, 1487,1521 62-Bartow, four terms, Superior Court_________ 834,840,911,921,965 680--Blakely, City Court, Act amended _____1681,1728,1840,1844,2038 762-Bleckly, Superior Court, three terms ___1741,1786,1839,1848,2049 617-Brantley, fee system abolished____ 1479,1491,1576,1588,1658,1743 375-Brunswick, City CoUrt, officers elected__ 973,977,1396,1400,1440 43-Brunswick, salary Judge, City Court_______ 677,685,811,813,861 544-Bulloch County, fee system, abolished __________1479,1490,1736", 1744,1879 65-Cairo, City Court, Judge's salary________________ 685,780,788 595-City Court of Blairsville established___1446,1453,1580,1588,1663 166-City Court of QUitman, amended. __________ 679,687,736,738, 803

INDEX

2457

48-City Court of Stephens created..___________834,840,947 ,964,1036

296---Clinch County Court abolished._________779,792, 1230, 1233,1267

306-Clinch Superior Court, three terms____1476,1489,1579,1586,1666 449-Colquitt, City Court, amended ________ l181,1190,1285,1288,1404

488-Dodge, counties, script, Superior Court, expenses ____ 1292,1321,

1504' 1508' 1594 31!1-Fee system abolished, Blue Ridge Circuit_______ l182,1190,1258,

1263,1308

202-Forsyth, Superior Court, three terms __ 1475,1488,1579,1586,1666 749-Fulton, compensation of reporters__________ 1910,2012,2099,2380

731-Gwinett, City Court, established __________1683,1731,1793,2146,

2151,2293 423-Hall, City Court, amended_____________ 1446,1580,1587,1663,2101

648-Jonesboro, City Court, established ___ 1447,1453,1580,1588,1664

458-Laurens, Superior Court, expense__________1478,1489,2010,2228

72fr-Lexington, City Court, Act amended_______ 1683,1731,1894,1931,

2023,2253

508-Lyons, City Court, jurisdiction extended_______ 1446,1452,1578,

.

1587,1664

746-Macon, Municipal Court, amended _____1741,1786,1840,1847,2047

773-Macon, Judicial Circuit, Assistant Solicitor_____1739,1787,1837,

1848,2050

239-0conee Circuit, compensation of reporter_____ 1680,1727,1836,~-

1843,2028 97-Pickens, two terms, Superior Court_________ 678,686,780,789,817

172-Probation officers, City Courts ________ 1801, 1826, 1840,1843,2027

69-QUitman, City Court, amended_____________ 678,686,780,788,816

135-Soperton, City Court, amended_____________ 679, 687, 811,813,861

661-Special Bailiff, Coffee County___________________ 1858,1875,2314

738-Statesboro, City Court, fee system abolished____ 1740,1785,1839,

1846,2045 776-Stephens, County, City Court, amended________ 1742,1788,1840,

1848,2051

64-Stephens County, Superior Court, four terms___ 678,685,780,

788,815 233-Swainsboro, City Court, amended __________ 720,725,784,790, 820

741-Terrell, Superior Court, term changed__________ 1739,1786,1840,

1846,2046 735-Tifton CircUit, fee system, abolished ___________1859,1877,1894,

1900,2045

571-Westem Circuit, compensation of reporter______ 1802,1828,1840,

1843,2034

COURTS, SUPREME, APPEALS235-Supreme, Court Justices, disqualification______1801,1827,2078,
2356

2458

INDEX

E

EDUCATION, PUBLIC SCHOOLS-
379--Alexander Stephens Institute, new charter_l075, 1083,1286,1286 782-Bonded indebtedness, local districts ____________ l910,2012,2077,
2078,2143 429--Boston, City of, convey certain propert;y________ 1181,1190,1352,
1355,1404 182-<Jhatham, Board to fix pension system ______701,710,736,738,804 553--0ivil Service for teachers, Fulton______ l556,1566,1738,1745,1810 730--Co-operation, Counties and Municipalities______ 1858,1876,2075,
2078,2124 554-County Board, duties defined, Fulton___________l556,1566,1738 763-County Board Election, Ben Hill_______2060,2070,2139,2152,2243 492-Dawson, City School Board, amended.._1182,1191,1286,1290,1408 400-Election of Superintendent of, Towns county ___1477 ,1489,2117 694-Fulton, limiting tax Ievy_______________2114,2199,2224,2237 ,2364 lSI-Independent system, Tallapoosa_____________834,1286, 1288,1403 791-Lula District, Hall County_____________ l911,2012,2149,2163,2245 123-Minimum public school tel'IIL_______ 678,686, 783,789,826,873,944 579--Quitman, City of, System amended____ l325,1368,1485,1487 ,1521 721-Richmond, public schools, Act amended____ l683,1731,1839,1846 125-State Board Education, established..____700,708,783,789,826,896 527-Teacher-tenure, Richmond County____ l324,1366,1485,1486,1522 141-Text books, how adopted_________867 ,872,911,921,927 ,984,1042,
1067,1356,1359

ELECTIONS-
378--Meriwether County, election for General Assembly__________ l446,1452,1577,1~,1591,1632,1664,2341,2344
452-Muscogee County, candidates, how nominated..__ 1446,1452, 1580,1587,1662
124-General election, special, .June 1937________778, 790,976,977,997, 1161,1175
346-Lowndes County, election to General Assembly_l477,1489,1577, 1586,1666
687-Primaries in Dodge, holding of_________ l672,1679,1800,1806,2039 44-Secret ballot, in Glynn County________ laM,l420,1436,1446,1462 358--Sumter County, for General Assemb1y_l446, 1452,1577,1586,1662

EXECUTIVE DEPARTMENTS-
121-Investigation of state affairs ___992,993,1135,1162,1222,1235,1236 147-To simplify operation_____________ 1801,1826,1889,1897,2141,2383

INDEX

2459

I'
FISCAL YEAR STATE1-Cbanged, July 1 to June 30________________________________629
541-Act 1914, amended ____________________ .2160,2194,2228,2239,2345

G
GAME AND FISH195-Fisbing license provided for ___________ 2114,2200,2224,2235,2348 431-0pen season, beaver, mink, bear, etc.____________ 1582,1615,2003 57-Sea Food Industries, how controled __ .2013,2065,2076,2161,2346 194-Storage of certain game prohibited_____ 2191,2197 ,2226,2239,2361
B
HIGHWAYS, PUBLIC ROADS14-State System, road added, Fulton _____ 1554,1564,1799,1~,2000 27-State System, road added, Decatur ____ 1581,1613,1799,1~,2016 32-State System, road added, Decatur ____ 1581,1613,1799,1~,2017 61-~tate System, road added, Franklin ___ 1548, 1559, 1630, 1650,2026 79-State System, road added, Pike, Meriwether_____ 1582,1613,1631, -1650,2026 90--FultOn County Board, to regulate traffic___ 1474,1580',1587 ;1667 117-Motor Vehicles, size regulated_________ .1226, 1234, 1504, 1508, 2094 129-State System, road added, Screven_____ 1548,1559,1629,1651,1820 131-State System, road added, Pike________ 1548,1559,1629,1651;2026 167-Act 1933 amended, governing fiscal authorities____________________________________ 1554,1564,1629,1650,1690
17Q-State System, road added, Grady______ 1555,1564,1630,1651,1879 206--State System, road added, Crawford___ 1549,1560,1629,1651,2027 229-State SYStem, road added, Blackley, Wilkinson..1549,1560,1630,
- 1651,2027 230--State System, road added, Blackley___ .1549, 1560, 1629, 1651, 1883 243--County Certificates, Highway Dept. ___ 2014,2065,2150,2161;2242 244-State Aid System, road added _________ 1475,1488,1503,1508,1597 276-State System, road added, Cobb _______ 1476,1488,1503,1508,1597 .aoo--state System, road added, Bibb _______ 1549,1560,1630,1652,2028 254-State System, road added, Hart, Franklin ______ 1549,1560,1630,
1652,2028 301-State System, road added, Macon-Thomaston___ 1549,1561,1630,
1652,2029 3~State System, road added, Telfair, Dodge__ 1549, 1561 ,'1630, 1652,
2029,2270,2350 312-:-Rural Post Roads, department created__992,993,1178,1185,1189,
1275, 1376, 1385. 1635, 168'7 ,1721

2460

INDEX

313-State System, road added, Franklin ___ 1585,1614,1631,1652,2029 323-State System, road added, Randolph __ 1476,1489,1503,1508,1597 ~State System, road added, Carroll and Haral-
son____________________________________ 1555,1565,1630,1652,2030

331-State System, road added, Lamar, Upson_______ 1582,1614,1889,
1898,2030 363--State System, road added, Cook, Berrien _______ 1582,1614,1631,
1653,2031 366-State System, road added, Schley______1585,1614,1631,1653,2000 384-State System, road added, Paulding___ 1555,1565,1630,1653,2031
391-State System, road added, Oglethorpe, Taliaferro__________________________________ -1582,1614,1888,1898,2031

395-State System, road added, Pierce ______ 1550,1561,1630,1653,2032 403-State System, road added, Atkinson, Berrien,
()offee_________________________________ 1555,1565,1630,1653,2032

405-State SYStem, road added, Brooks, Lowndes ____ 1582,1615,1631,
16154,2032 415-State SYStem, road added, Burke, Jenkins _____ 1582,1616,1631,
1664,2033 454-State System, road added, Franklin ___ 1583,1615,1631,1654,1882 461-State System, road added, Gwinnett___1556,1566,1630,1654,1882 462-State System, road added, Burke______ 1583,1616,1631,1654,1882 464-State System, road added, Catoosa ____ 1550,1561,"1630,1654,1777 472-Cloud Spring Road, Catoosa County __ 1478,1490,1503,1508,1598 473-State System, road added, Libert;v_____ 1550,1561,1630,1654,1778 500--State System, road added, Murray_____ 1583,1616,1631,1655,1778 501-State System, road added, Madison, Frank-
lin____________ ---- _____________________ 1550,1561,1630,1655,1778

517-State System, road added, Columbus __1478,1490,1503,1509,1596

528-State System, road added, Franklin ___ 1550,1562,1630,1655,1779

534-State SYStem, road added, Coffee______ 1550,1562,1630,1655,1779

54(}-State SYStem, road added, Evans, Liberty_______ 1551,1562,1629,

1655,1779

550-State SYStem, road added, Stephens___ 1551,1562,1630,1655,1780

556-State System, road added, Seminole___1551,1562,1629,1656,1780

557-State SYStem, road added, Early, Seminole______ 1551,1563,1629,

.

1656,1780

558-State System, road added, Colquitt____ 1583,1616,1631,1656,1781

566-Act 1931, County indebtedness amended_1583,1616,1631,1656,1691

585--State System, road added, Franklin ___ 1551,1563,1630,1656,1781

613-Public Roads, Width oL _______________1803,1875,1889,1898,2093

627-State System, road added, Calhoun, Randolph..1551,1563,1630,

.

1656;1781

629--State SYStem, road added, Chattooga __ 1551,1563,1629,1~ ,1782

630--State System, road added, Chattooga__ 1552,1563,1629,1657,1782

645-State s'tsteln, road added, Fulton_____ l552,1564,1629,1657,1782

INDEX

246~

64~State System, road added, Fulton_____ 1585, 1616, 1631, 1657, 1783
653-State System, road added, Effingham, Jenkins, ScreveiL_______________________________ 1584,1617,1631,1657,1783
<69-State System, road added, Turner_____ 1585, 1617,1631, 1658, 1783 <81-State SYStem, road added, Hart______-__ 1802,1828,1889,1898,2038 699-State SYStem, road added, Warren, Jefferson___ 1858,1876,1889,
1899,2040
719-State System, road added, Newton, Jasper, ~tneln _______________________________ 1803,1828,1889,1899,2043
724-State System, road added, W~hington, J efferSOIL ___________________________________ 1804,1876,1889,1899,2044
7~State System, road added, Oharlton___ 1858,1876,1889,1899,2044
745--State System, road added, Pickens, Murray, Gilmer_________________________________ 1803,1829,1888,1900,2046
766,---State System, road added, Jones ______ 1859,1877,1889,1900,2050 774<--State System, road added, Lumpkin, White_1829,1888,1901,2051
775-State System, road added, Meriwether, Talbot___ ----------"--------------------- _2060,2070,2150,2162,2243
789-State System, road added, JacksoiL ___ 2063,2067 ,2150,2162,2244 790--State System, road added, Lumpkin, HalL _____ 2014,2068,2150,
2162,2244 792-State System, road added, White_______ 2014,2068,2150,2163,2245 793--State System, road added, EmanueL __2014,2068,2150,2163,2245 794-State Sygtem, road added, :MitchelL ___2014,2068,2150,2163,2246 795-State System, road added, Mitchell ____ 2015,2068,2150,2163,2246 801-State System, road added, Franklin___ 2015,2069,2150,2163,2246 811-State System, road added, Franklin___2160,2196,2226,2240,2325 81~State System, road added, Lumpkin, Hal1 ______ 2159,2199,2222,
2238,2324
817-State System, road added, Forsyth, Gwinnett __ 2191 ,2197,2226, 2240,2326
81~State System, .road .ad<led. Oalhoun, Terrell______ 2060,2070 819-State System, road added, Banks, Jackson_____2158,2199,2222,
2238,2324 827~State System, road added, HabershanL2007 ,2071,2150,2164,2248
831-State System, road added, Johnson, Washington___ -------------------------------- _2fXY{ ,2071,2150,2164;2248
832-State System, road added, Johnson, Laurens___ 2064,2072,2150, 2166,2249
837-State System, road a<ld8d, Oconee, WaitoiL _____ 2191,2198,2226, 2240,2326
~-State System, road added, MontgomeuJ~000,2070,2150,2165,2249 844-State SysteJ:D., road added, Stewart_____2154,2i96,2226,2240,2325

INDEX
I
INSURANCE31-Capital stock regulated__________________ 973,977 ,1164,1166,1211 385--Deposit by fire, marine companies, etc._1182,1190,1434,1436,1469 541-Fratemal benefit societies, amended___ 2160,2194,2228,2239,2345 548-Companies regulated _________________2157 ,2195,2231,2239,2354, 2380. 2382' 2393.2414 582-Deposits, Code amendment ____________ 2158,2201,2225,2236,2347 642-Investments by companies _____________ 1908,1979,2006,2010, 2144
INTERSTATE CO-OPERATION371-Committeeprovided for ________________1159,1169,1314,1320,1416
L
LABOR169-Commissioner of Labor created __ 1035,1038 ,1484 ,1487, 1494,1522, 1721,1745,1860,1863,1897,1919, 2062,2110 185--Unemployment compensation, department oL __1801,1827 ,1832, 1891,1989,2088, 2101,2160,2179
M
MALT BEVERAGES58-Exercise tax and licenses__________ 1181,1189, 1505 ,1507, 1598,2339
MILK CONTROL484-Amending Act 1929, milk laws_____ 2192,2197,2215,2344,2362,2383 31(}-Control Board created___________ ~- ____2113,2200,2216,2233,2360 84(}--Production and sale, Fulton ________________ 2191,2198,2215,2344
MORTGAGES, DEEDS, etc.161-Mortgages out of state, time limit_1159,1168,1628,1695,1912,2053
MOTOR VEffiCLES82-Certificates for common carriers _______ 1094, 1124, 1398,1400,1468 83-Suits, how brought ____________________1094,1124,1398,1400, 1468 117-Weight and size regulated _____________1226,1234,1504,1508,2094 321-Maintenance tax, registration_________ 1739,1784,1902, 2077,2094, 2125,2254,2291,2372,2381,2385,2403
413-Annual registration, amended____ 2153,2194,2216,2232,2337 ,2338 506-Reciprocity agreements provided~-~----2157 ,2194,2227,2239,2351 639-Automobile financing, amended_] _______________ 2156,2195,2234

INDEX

2463

0
ORDINARIES241-Advice, giving of prohibited _____________________ ll59,1168,1314

p
PENSIONS2-Qld Age, etc., administration ________ 777,940,947,1000,1043,1066
219-0ld Age, etc. ____________814,821,870,871,926, 1043,1067,1215,1261 750-Atlanta, Fire Department______________________________ 2063,2067 83~Richmond, County employees_________2160,2200,2225,2238,2328

PRISON COMMISSION, PENITENTIARY35--Sterilization provided for_________________ 908,960,963,980, 1085 133-Authority to establish camps__________ 1095, 1124, 1229, 1232, 1274 31~Convict-made goods on open market___ ll59,1168,1229,1233,1275 633-Training School, branch in Bibb County_______ 1858,1875,1896, 1899,2145,2293
. PUBLIC HEALTH7-Practice of Dentistry, regulated_____________720,725,735,802,857 71-Mattresses, sale and manufacture regulated ____1585,1613,1798, 1805,2242 78-Cancer control, appropriation ____2153,2193,2234,2239,2358,2383
250-Group hospitalization___________ 1802,1827,1891,1897,2097,2102, 2154,2176,2189,2253,2293
605--Protection of, by County regulation___1479,1491,2075,2098,2142 781-Hpleaaceltsh___C_e__rt_i_f_ic__a_te_s_,___s_e_r_v_ic__e__i_n___p_u__b_l_i_c__e_a__ti_n_g_____ .1910,2012

PUBLIC WELFARE2-0ld Age Pensions, dependent children, administration ______________________________ 777,940,947,1000,1043,1066

18-Public Safety, department created_____ 733, 734,755,837,948,994,

1009,1170,1178,1179,1371,1375,1388,1537,1618,1674 35--Sterilization provided for__________________ 908, 960,963,980,1085

59-Life guards for surf bathers ___________ l518,1613,1736,1744,1998 !59-Department of Natural Resources_________ l226,1234,1290,1350,

1385,1447 185-Unemployment compensation _________ 1801, 1827,1832,1891,1989,

2088,2101,2160,2179 218-Dependent children, administer__________834,870,871,923, 1043,

1067,1215,1261

219-0ld Age Pensions, administrat'on _________814,821,870,871,926,

\

'

1043,1067

2464

INDEX

231-Needy blind, administer_ _____________ 835,840,870,872,928,1043,
1067,1215,1261 505--Fulton County, slum clearance, etc. ________ 1478,1580,1587,1665 532-Blind, to manufacture goods __________ 2156,2194,2229,2239,2351 575-Rural Electrification ______________2158 ,2201,2220,2236,2335,2345
7oo-Department to co-operate with Federal Government __________________________________ 2157,2195,2229,2240,2346
704-Welfare Board, Fulton County______________ 1681,1792,1836,1864

PUBLIC UTILITIES446-Counties and cities to operate _________2061,2200,2216,2232,2336

PUBLIC LIBRARIES171-0peration of, by municipalities ________ 2157 ,2193,2227,2238,2345

B.
RURAL ELECTRIFICATION575--Non-profit organizations provided for______ 2158, 2201, 2220,2236, 2335,2345
s
SECURITIES COMMISSION160-Act establishing, amended_____________ 1095, 1124,1185,1188,1273

STATE VETERINARIAN409-Bangs Disease, control oL _______ "_____ 1369,1420,1737,1744,1992

T
TAXES, FEES, COMMISSIONS5--Motor Fuels, tax and regulations revised ________ 14M,1461,1472, 1505,1557,1571,1634,1635,1768 25--Tax Commissioner, Mitchell County ________ 699, 707,784,788,814 26-Homestead exemption, $2,500.00 _______ 1369, 1423,1448,1576,1715, 1860,1863,1897,1918,2177,2211,2214,2271
so-Personal property tax exemptions ____ , _1369, 1420,1448,1577,1608 34-Classification of property_________ 834, 839, 912,921,979 ,1039, 1062 58-Exercise tax on malt beverages ____ 1181, 1189, 1505, 1507, 1598,2339 75-Catoosa, abolish offices tax collector, receiver___ 700, 708,789,817 107-License tax, chain stores, picture theatres ______ 1260, 1291,1797,
1805,1813,2168,2203,2253,2254,2291,2347,2373,2382. 14Q-Income tax, Act amended ________ 1860,1874,1978,2225,2260,2294,
2302,2312,2368,2378

INDEX

2465

283-Carroll County Commissioner relieved of certain taxes __________________________________ 1476,1488,1579,1586,1662
295-Tax, cigars and cigarettes _____________ 1802, 1827,1833,1889,1980, 2008,2053,2055,2062,2064,2156,2166
321-Maintenance tax, Motor Vehicles ______ 1739,1784,1902,2077,2094, 2125,2254,2291,2372,2381,2385,2403
427-Alcoholic Beverages, licenses __________ 1857, 1875,1892,1903,2010, 2094,2103,2114,2156,2176,2255,2294,2299
438-Tax, Crabs or prawn ______________ 1803,1827 ,1836,1850,1890,1993 450-Collector, Receiver, Washington County
abolished ______________________________ 1685,1727, 1839,1843,2033 549-Stocks, transfers of taxed _____________ 2154,2195,2234,2235,2311 560--County Tax Assessors, Code amendment _______ 2063,2066,2074,
2161,2338 593--Chatham County tax levy limited___________ 1325,1396, 1402,1464 607.-Dance halls, arenas, etc., DeKalb County,
licensed __________________________ 1739,1785,1839,1843,2122,2292
614-County limitation, Code amendment___ 2113,2201 ,2225,2236,2354 639-Automobile financing amended __________________ 2156,2195,2234 723--Wines, tax provided ______________ 1672, 1673,1688,1794,1811,1861,
1897,1919,2054,2142 782-County School Tax, refunding bonds__1910,2012,2077,2078,2143 833---Commodity stamp tax ____________ 2190,2197 ,2234,2235,2311,2378
TRADE NAMES, FICTITIOUS341-Code Amendment___________ 1555, 1565,1628,1653,1878,2008,2054, 2065,2124,2140,2160,2260

u

UNIVERSITY OF GEORGIA137-Regents, to invest trust funds _________ 1804,1826,1849,1891,1998 44(}-Regents to make changes________________________ 1908, 1979,2152 536--Live stock development, appropriation ______ 2063,2066,2344,2364 689-Board of Rege1,1ts, how constituted ____ 2061,2198,2219,2237,2337
w
WINES-; 723-Manufactura and sale, domestic wines _____ 1672,1673,1688,1794, 1811,1861,1897,1919,2054,2087,2142

2466

INDEX

PART V

BOUSE RESOLUTIONS

A
AMENDMENTS TO CONSTITUTION-(See also Bills) 1o-Enlarging jurisdiction of Justices of the Peace_720, 726,912,920, 1176, 1192, 2152, 2315,2320,2383 19--Authorizing General Assembly to convene itself in extra session _____________________________ 908,921,960,962,981
28-To give counties right to levy tax to pay demonstrationagents_____________________________ 1673,1795,1807,2094
57-Zoning and planning laws for City of Forsyth__ 2191,2202,2223, 2241,2331
58-To reduce appropriations pro rata to meet revenues___________________ 908, 922,960,962,1070,1085,1193,1223,1309
64-To authorize Counties to leVY tax for old age pensions __________________________________ 908,922,960,962,1005
89--Authorizing planning and zoning in Brooks and othercounties_________________________ 2013,2072,2076,2165,2275
9o-Zoning and planning laws for City of Quitman_2192,2202,2223, 2241,2329
221-City of Dublin to issue refunding bonds_2113,2202,2225,2241,2326
APPROPRIATIONS (See also Bills)--166-Bank of Gray, appropriating certain funds _____ 1907 ,1980,2003, 2008,2081

B

BATTLE HILL SANITORIUM1 1 2 - Ct hoemSmtiatttee_e_t_o__i_n_v_e__s_t i_g_a_t_e__t_e_n_d__e_r_o__f _B__a_t_t l_e__H__i_l l__t o_

1077,1086

BONDS AND SURETIES2Q-To relieve J. B. Murphy and I. I. West on bomL1474,1491,1580, 1588,1660 36-To relieve L. C. Ragan on a bond ______ 1475,1492,1580,1589,1660 52-Relieving 0. W. Bell, Wilkinson County, on certain bond ________________________ 1685, 1734,1836,2319,2326,2361
127-To relieve J. M. Massey and J. G. S. Powell on a bond __________________________________ 2059,2072,2074,2165,2218

13Q-To relieve J. E. Brown.on a bond ______ 1479,1494,1580,1589,1661 199-To relieve Mrs. M. F. Brice and A. P. Smith on a
bond __________________________________1801,1829,1840,1842,1999

INDEX

2467

c

CLINCH COUNTY133:---County Commissioners to pay certain monies ___ 1291,1323,1396, 1400,1440

COMMENDATION, THANKS, ETC.23-Thanks to Fulton Delegation and Mayor for a dinner__________________________________________ _
241-Twin States Live Stock Association commended_ 247-Sunshine Health Center commended___________ _

602 2252,2292 2293,2315

CONGRESS, MEMORIALS TG--
113-Memorializing Congress to remove a revenue tax of 1936 complained oL___________________________

1077,1086

132-Requesting construction of dam near Clark's Hill, Ga. _________________________________________ 1183,1192,1670

232-Postage Stamp, Thos. E. Watson_________________ 2156,2189

CONGRESSIONAL ACT APPROVED-
26-Legislative assent to Act of Congress 1935; Public No. 18______________________________ 1158,1169,1210,1260,1265

CONSERVATION234-Conservation Committee to make inspection trip_

2062,2079

E
EXTRA SESSION, LEGISLATIVE STATUs-
246-Governor requested, in case of extra session, to'
keep alive bills favorably reported in regular session _________________________________________ _

2252,2292

F
FLOOD CONTROL134-Concurring in plans of Federal Government for floor control, etc. _______________________________ _
FOOTBALL203-Requesting New Year Football game in Atlanta__

1183,1192 1554,1568

B
HIGHWAYS17-Designating Thos. E. Watson Highway_____ 1158,1169,1353,1356, 1427,1462,1466 74-Designating .Jefferson Davis Highway_1584, 1617,1631,1658,1883

2468

INDEX

HOUSING DEPARTMENTS41-Commi~tee to investigate housing of Departments

643,644

I

INVITATIONS-
7D-To hear addresses on Social Security by distinguished visitors _____________________________ _
123-Joint session to hear from Farmers and Stockmen 175-Inviting Hon. Henry Ford to deliver address____ _ 207-Inviting Hon. James Roosevelt to deliver address

836. 853. 860 1158,1170
. 1370,1375 1685,1694

L

LAW BOOKS, LIBRARIAN TO SUPPLYIS-Librarian to furnish Douglas County certan books____________________________________________ l474,1491,2005

21-Librarian to furnish certain books to Douglas County____________________________________ ---.- __ 1475,1492,2005

3D-Librarian to furnish certain books to Hall County__________________________________________ 14.75,1492, 2006

34-Librarian to furnish certain books to Pulaski County_____________________________________ ~ ____ 2062, 2072,2222

39-Librarian to furnish Dodge County certain books 1857,1878,2005 4D-Librarian to furnish Thomas County certain
books____________________________________________ l475,1492,2005

46-Librarian to furnish Dougherty County certain books____________________________________________ l476,1492,2005

49-Librarian to furnish Thomas County certain books______________________ , _____ 1685,1733,2005,2010,2083,2124

55-Librarian to furnish Walton County certain books____________________________________________ 1476,1493,2006

68--Librarian to furnish Clayton County certain

books

__________________________________ 1477 ,1493,2005

83- Re-establish library superior court of Lowndes County__________________________________________ 1477 ,1493,2005

84-Librarian to furnish Crawford County certain books_ _________________________________________ 1477 ,1493,2005

93-Librarian to furnish DeKalb County certain books ____________________________________________ 1477 ,1493,2005

!(}:!-Librarian to furnish Jefferson County certain books____________________________________________ 1478 ,1493, 2005

126-Librarian to furnish Camden County certain looks___________________________________________ 1686,1733,2005

INDEX

2469

137-Librarian to furnish Gordon County certain books____________________________________________ 1553,1567,2005
171-Librarian to furnish Richmond County certain books____ ---------------------------- __ 1553, 1567,2005,2008,2080
172-Librarian to furnish Richmond County certain books_________________________________ .1553,1567,2005,2008,2081
173-Librarian to furnish Franklin County certain books____________________________________________ 1554,1568,2005
200-Librarian to furnish Taylor County certain books___________________________________________ .1685, 1733,2005
202-Librarian to furnish Wilkinson County certain books____________________________________________ 1685,1733,2006
237-Librarian to furnish certain books to Walton County__________________________________________ 2153,2202,2227

M

MOTOR VEHICLES-

47-License tagS; time extended ____ -----------------

677

N
NAVAL STORES225-To classify Naval Stores laborers as farm laborers .

1857,1860

0
OFFICIAL ST~TE TREE121-Naming OffiCial tree for Georgia________________ _
p

1096,1126

PRISON, TATTNALL COUNTY-

205-Joint committee to Washington relative to Tatt-

nall Prison______________________________________

1481

216-Recommendations as to purchase Tattnall Prison_________________________________ 2157 ,2201,2223,2241,2346

s

SUSPENSIONS BY GOVERNOR24-Wm. B. Harrison, suspension of disapproved; restored to office _______________________________ _
27-George ~- Hamilton, suspension of disapproved; restored to office__________________________ ,. _ -

623,628 623,629

2470

INDEX

SYMPATHYI l l - Scyema spe ad _t h__y__t_o__f_a_m__i_l y__o__f _H__o_n__. _A__.__N_.__M__c_L_e_o__d_, __d_e -_

10'77 ,1086

w

W. & A. R. R. PROPERTY-

233--Cancelling contract between State and Dixie Terminal Building Co._______2157 ,2201,2232,2241,2352,2383,2394

169--To construct underpass, City of Atlanta, Ward

A--------------------------------------1910,2013,2079,2119,2148

WARM SPRINGS-

48--Urging participation__________ -------- __________ _

699