JOURNAL OF THE SENATE OF THE STATE OF GEORGIA AT THE EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY Commenced at Atlanta, Monday, ~ovember 22, 1937 1938 THE STEIN PRINTING 00 ATLANTA. GA. OFFICERS OF THE STATE SENATE 1937-1938 and Extra Session JOHN B. SPIVEY, Sixteenth District ......... President EMANUEL Cou:-iTY J. H. TERRELL. .................. President Pro. Tem. \VARREN CouNTY JOHN W. HAMMOND ...................... Secretary BIBB CouNTY HENRY W. NEVIN ................ Assistant Secretary 'WHITFIELD ComnY 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, NovEMBER 22, 1937. The Senate met in Extraordinary Session at 10:00 o'clock A. M. and was called to order by the President, Honorable John B. Spivey. Prayer was offered by the Chaplain, Rev. Charles G. Earnest. 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 Griner Hampton Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Moye Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams Mr. President The following Senators-elect answered present as their names were called: Millican of the 52nd District, Robinson of the 13th District, and Turner of the 35th District. The following message from Secretary of State, Hon. John B. \Vilson, was received and read:. 8 JouRNAL OF THE SENATE, HoN. JoHN B. SPIVEY, President of the Senate, State Capitol, Atlanta, Georgia. Dear Sir: I hereby certify that special elections were held in the following Senatorial Districts for the purpose of electing Senators for said Districts and that the consolidated returns of said special elections, which are of file in this office, show the following result: 13th SENATORIAL DISTRICT (To fill the unexpired term of Hon. Charles A. Greer, resigned) W. M. Parker Macon County ....... . 186 Sumter County ...... . 144 Schley County ....... . 59 Gilbert C. Robinson 321 105 55 Total ........... . 389 481 35th SENATORIAL DISTRICT Ralph H. Turner ..... . Ralph H. Turner ..... . 84 Clayton County 189 Henry County Total............ 273 52nd SENATORI:\L DISTRICT (Fulton County) D. H. Brackett. . . . . . . . Paul H. Butler. . . . . . . . G. Everett Millican.... J. S. Shettlesworth. . . . G. W. Threlkel........ 149 1465 :~051 178 73 Given under mv hand and official seal this 22nd day ~f November, 19:37. JoHN B. \VILSoN, Secretary of State. MoNDAY, NovEMBER 22, 1937. 9 The following message from His Excellency, Governor E. D. Rivers, was received and read: November 22, 1937. HaN. JoHN B. SPIVEY, President, and Members of the State Senate. Gentlemen: I beg to advise that since your last session the election of the following new members to your body has been certified to the Executive Department by the Secretary of State: Han. G. Everett Millican 52nd Senatorial District Han. Ralph L. Turner 35th Senatorial District Han. Gilbert C. Robinson 13th Senatorial District. Sincerely yours, E. D. RIVERS, Governor. Han. John B. Spivey introduced the newly elected members of the Senate to the body, after which they presented themselves at the Secretary's desk and were administered the oath of office by Mr. Justice Jule W. Felton of the Georgia Court of Appeals. The following proclamation of His Excellency, the Governor, was read by the Secretary, Han. John W. Hammond: November 22, 1937. HaN. JoHN B. SPIVEY, President of the Senate, HaN. RoY V. HARRIS, Speaker, and MEMBERS OF THE GENERAL :\SSEMBLY OF GEORGIA, in Joint Session, State Capitol, Atlanta, Georgia. Gentlemen: I beg to submit, here":ith, the original call for the special 10 JouRNAL OF THE SENATE, session of the General Assembly, which convenes as of this date. I respectfully ask your consideration of these measures. With kindest regards and best wishes, I am Sincerely yours, E. D. RIVERS, Governor. A PROCLAMATION Whereas, the people of Georgia have ratified in a popular election a number of amendments to the Constitution of this State, in the General Election of June 8, 1937, which election was held since the last regular session of the General Assembly; and, Whereas, it is necessary to have certain Enabling Acts and legislation to put into effect the objects and purposes included in said amendments to the Constitution; and, Whereas, other legislation involving urgent questions of tax revision are necessary and important at this time, which condi- tions create an emergency of sufficient importance under the terms of the Constitution as to demand an Extraordinary Session of the General Assembly. Now, Therefore, under and by virtue of the provisions of law contained in Article V, Section I, Paragraph XIII of the Constitution of Georgia, I, E. D. Rivers, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in Extraordinary Session at ten o'clock A.M. on Monday, November 22, 1937, for the purpose of considering and enacting laws and resolutions, by revision, repeal, amendment, or otherwise, relating to all of the following objects, which are considered by the Executive of sufficient importance to make the necessity for such Extraordinary Session, to-wit: Taxation for all State, county, municipal, school district or other public purposes or objects including all kinds of revenue that is, or may be, raised for public purposes by any manner of taxation whatever, including excise, license, franchise or privilege taxes, regul~tions or penalties; the classification of property and the selection and classification of su~jects for taxation and the MoNDAY, NovEMBER 22, 1937. 11 assessment, collection, allocation, distribution or administration of tax funds, and statutes of limitation with respect thereto; prescribing by definition the meaning of the terms "resident," "residence," and "situs" for tax purposes; the schedule of fees, compensation or expenses for tax receivers, tax collectors, tax commissioners and other tax collecting agencies. Also all of the following objects: A merit or civil service system for State employees, and for the operation thereof. Establishing an economy commission, and providing for the operation thereof. Authorizing the State Purchasing Department to require and provide for the keeping of records of licenses, tags, revenue stamps and other items furnished officials, departments, divisions, boards, commissions and bureaus for sale or distribution, representing money, and to require such items to be purchased exclusively through the State Purchasing Department. Enabling Acts for all constitutional amendments ratified at the General Election held on June 8, 1937, and laws relating to such amendments. The proposal and submission of constitutional amendments, relating to any matter or object in this call, or otherwise, including amendments authorizing counties, municipalities and school boards and districts to provide for the refunding of outstanding bonds or other obligations, and the issuance of new bonds or other obligations, and fixing the limitation of bonded indebtedness, and providing for temporary loans by issuing short term indebtedness obligations, and giving right for local subdivisions to set up teacher retirement systems. Special appropriations for all necessary or proper State purposes, including, but without limiting the foregoing, an eleemosynary building fund, or to discharge a State obligation. The confirmation of nominations and appointments of all officers whose appointments must be confirmed. General Laws with local application relating to any of the 12 JouRNAL oF THE SENATE, objects included in this proclamation, or otherwise, including county, city and superior courts. Local laws relating to any of the objects included in this proclamation, or otherwise, and including amendments to and creation or abolishing of municipal charters, changing, abolishing, or establishing county boards of commissioners, changing, amending or affecting county officers' salaries and other compensations and duties, terms of court, and other matters relating exclusively to the local affairs of any county or municipality. Appropriations to defray the expenses of the Extraordinan Session of the General Assembly, the printing of legislativ~ journals and acts, and other legislative expense. Creating and establishing with necessary appropriation, a treasury stabilization fund, and providing for the operation thereof. The issuance and interdepartmental discount of debentures against anticipated allocated funds. The refunding of State bonds. The designation and authorization of the use, lease and rental of State property. The location or change of location of State Institutions. The acceptance of benefits of Federal legislation. The report of the Governor in suspending minimum mcome tax payments. Reciprocal agreements with other States regarding the moving of commodities and the operation of motor vehicles. The manner and method of motor vehicle and trailer tag distribution, including the amount and collection of motor vehicle and trailer licenses. Mileage and maintenance taxes on trucks, buses and other motor vehicles and trailers, including the amount, manner and method of returning, assessing, and collecting the same, and requiring the return, assessing and/or payment of an ad valorem MoNDAY, NovEMBER 22, 1937. 13 tax on all motor vehicles and trailers as a prerequisite to procuring a license tag. Highway legislation including rural route and State aid highway laws, and authority to repay funds previously diverted from the Highway Department so as to avoid the forfeiture of Federal funds. Authorizing the Highway Department to set aside funds for matching Federal aid funds that may be available for rural routes. Providing for the expansion and development of a farm to market system of roads and highways, including secondary roads and highways. Authorizing the Highway Department to grant easements. Prescribing speed limits for motor vehicles, and regulating traffic on public roads. Clarifying, regulating and limiting road signs and highway advertising. Permitting additional mileage to be added to the State System of Highways. Designating the names of highways. To abolish the lien requirement of applicants for benefits under the Social Security Act, and providing a county department administration fund for the State Department of Public Welfare. Providing benefits to crippled children. Fixing the amounts and methods of payment of Confederate pensions, and records thereof. Laws pertaining to unemployment compensation section of the State Labor Department, to authorize the fixing of a time to begin the payment of benefits thereunder, and for exemptions and fixing time for making reports, and otherwise. Laws pertaining to the Compensation Division of the State Labor Department, authorizing the fixing of compensation and powers of the Industrial Board. 14 JouRNAL oF THE SENATE, The naming of jury commissioners and registrars in the several counties. Law pertaining to the disqualification of judges. Laws pertaining to refund, reduction and relief on official bonds, and on forfeitures and recognizances, and penalties thereunder. Marriage and divorce laws. Laws pertaining to corporations, their creation, dissolution, merger, management, regulation, taxation and control. Laws pertaining to small loan companies and salary buyers, regulating and prescribing the limit of fees, discounts and interest rates they may charge, and providing for their supervision and regulation. Laws pertaining to the Military Department of the State, to the Governor's Staff, and creating an armory authority. Laws pertaining to the scope of privilege as applied to newspaper libel. Laws pertaining to the right of the State in contraband or outlawed goods, authorizing the State to acquire title and possession thereof, and providing for their confiscation, destruction, sale or distribution. Insurance laws pertaining to the incorporation, regulation, management and control of all insurance companies, reciprocals and exchanges, admittance to do business in Georgia, and the manner and method of doing business;and bond requirements. Laws relating to the creating, regulation and supervision of building and loan and savings and loan associations and compames. Laws pertaining to packing houses. Laws pertaining to the tidewater division of the Department of Natural Resources, and to the taxing and regulation of the handling and sale of sea foods. Laws pertaining to farmers marketing acts and legislation, in- MoNDAY, NovEMBER 22, 1937. 15 eluding authority to regulate and prevent fraudulent practices in marketing perishable farm commodities. Laws pertaining to nuisances and the practice of professions, businesses and trades. Laws pertaining to the grading, packing, shipping and distribution of farm and orchard products and commodities. Laws regulating and prescribing the manner and method of the sale of seed cotton, naval stores, live stock and other agricultural products. Laws pertaining to the membership on the Milk Control Board. Laws pertaining to fertilizers, their manufacture, inspection, distribution and sale. Uniform warehouse receipts laws. Laws regulating manufacture, use, sale, and distribution of mattresses in protection of public health. Classification and regulation of use or sale of gasoline and petroleum products. Garnishment laws, and exemptions thereunder. Laws regulating the licensing and franchises of warehouses handling agricultural products. Laws pertaining to the sale and distribution of imitation guns, pistols, fire arms, air guns and fire works. Laws pertaining to the refunding to citizens for highway paving, and authorizing the same. Laws pertaining to the leasing of the Western & Atlantic Railroad, including the Dixie Terminal proposal, and the construction of highways over the same. Election laws, including primary or general elections. Laws pertaining to photography, dentistry, contractors, and optometrists. Laws pertaining to the Department of Public Safety, including authority to provide insurance and hospitalization for patrol- 16 JouRNAL oF THE SENATE, men, and providing for auxiliary patrolmen, and to drivers licenses. Laws authorizing timber protective associations, and regulating the manner and method of cutting timber, as an aid to reforestation, and regulating, licensing, and taxing the severance of natural resources. Laws fixing boundaries of land on tidewaters. Eminent domain and condemnation laws. Laws pertaining to monopolies and businesses operated in restraint of trade, their regulation and control. Laws fixing and imposing sentences in criminal cases; and probation of persons convicted. Laws pertaining to banking investments and county warrants. Laws respecting administration of the Prison and Penal System. Laws respecting paroles, clemency, and the administration thereof. Laws pertaining to placing legal advertising. Laws authorizing municipalities to create Boards of Tax Appeals. Penal Laws respecting any of the objects and matters included in this call. Modify or renew existing contracts between the State of Georgia and The Tennessee Copper Company and Ducktown Chemical & Iron Company. Laws pertaining to collection of mileage tax due prior to repeal of mileage tax law and refund of overpayments. Laws pertaining to actions for damages or claims against the Highway Department. Laws pertaining to years support. Given under my hand and the Great Seal of the State of Georgia at the City of Atlanta, this, the 20th day of November, MoNDAY, NovEMBER 22, 1937. 17 in the year of Our Lord, One Thousand Nine Hundred and Thirty-Seven. E. D. RIVERS, Governor. BY THE GOVERNOR: JoHN B. WILSON, Secretary of State. Senator Lindsay of the 34th District asked unanimous consent that the foregoing proclamation of the Governor be printed and copies of same furnished to each Senator. There was objection. Senator Lindsay of the 34th District placed his above request in the form of a motion but later withdrew his motion from the consideration of the Senate subject to the approval of certain mimeographed copies of the proclamation by the Secretary. The President, Hon. John B. Spivey, at this time expressed his delight upon having this opportunity to renew his association with the members of the Senate and predicted a harmonious sesston. The following resolutions of the Senate were read and adopted: By Senator Atkinson of the 1st District- Senate Resolution No. 1. A resolution providing that the Secretary of the Senate notify the House of Representatives that the Senate has convened in extraordinary session 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 wait upon His Excellency, the Governor, and inform him that the General Assembly is ready for the transaction of business. The President appointed as a committee on the part of the Senate the following: 18 JouRNAL OF THE SENATE, Senators Robinson of the 13th District, and Turner of the 35th District. By Senator Atkinson of the 1st District- Senate Resolution No. 3. A resolution providing for a joint session of the General Assembly to convene in the Hall of the House of Representatives at 11:30 o'clock A. M., November 22nd, 1937, for the purpose of hearing a message from His Excellency, the Governor, and providing for the appointment of a committee of two from the Senate and three from the House to escort His Excellency, the Governor, to the Hall of the House of Representatives. The President appointed as a committee on the part of the Senate the following: Senators Moye of the 11th District, and Sikes of the 49th District. The following bills of the Senate were introduced, read first time and referred to the committees: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- Senate Bill No. 1. A bill to provide for exemption from advalorem taxation of certain personal property to an amount not exceeding $300.00, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- Senate Bill No. 2. A bill to provide for a Homestead Exemption from taxation in the sum of $2,000.00, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- MoNDAY, NovEMBER 22, 1937. 19 Senate Bill No. 3. A bill to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes. Referred to Committee on Highways and Public Roads. By Senators Shedd of the 3rd District, Knabb of the 4th District, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District- Senate Bill No. 4. A bill to amend Code Section 22-413 so as to provide for the incorporation of Timber Protective Associations, and for other purposes. Referred to Committee on Conservation. By Senator Ennis of the 20th District- Senate Bill No. 5. A bill to create and prescribe the powers and duties of a State Civil Service Commission, and for other purposes. Referred to Committee on Finance. The following poem, a tribute to Governor Rivers by Mrs Ola Armour McCook of Stewart County, was presented by Senator Harrell of the 12th District and read by the Secretary: -1- If I could write a letter as I would like to-day I'd send it to the Governor, I'd start it right away, I do a lot of thinking, because I am so shy, About this way of writing officials up so high. -2I would not write such letters as Talmadge has on file, And prints them in his paper in criticising style. They criticise the Governor, the best one we've had yet, They underrate his motives, and wish his plans upset. -3They say the old age pension has put him in the chair, I wish you'd all stand by him, and strive to keep him there. 20 JouRNAL oF THE SENATE, I praise him for his efforts to help the poor along, I'm glad he sent salvation to all the needy throng. -4- Those letters to "The Statesman," loud sounding as they seem, They do not hurt the Governor, he works on just the same, Because he is so faithful, accomplishing much good, More than his predecessor, more than he ever could. -5- When Talmadge was in office, and killed the pension bill, It caused so many heartaches, they feel the throbbing still. They were so very hopeful, assistance they would get, But then a voice came sounding, "You cannot have it yet." -6- This voice was from the leader, he meant just what he said, He did not want the pension, and meant to kill it dead, Then all the old and needy just bowed their heads and mourned, Their burdens were so heavy, they worked and sighed and groaned. -7- Until a light from heaven, for so to them it seemed, Sprang up from over yonder, so beautiful it beamed, It brightened up their pathway, and they began to sing, "When Rivers gets in office, salvation he will bring." -8- And when he was elected they told it far and near, They were so very happy they wanted all to hear. They listened to his speeches sent out upon the air, Before that June election they listened in with care. -9- And now they have the blessing they prayed for day and night, Those good days are just ahead, just almost right in sight. None would work as Rivers has, so good a record show, Unless it is the President, he's just so fine, you know. MoNDAY, ~OVEMBER 22, 1937. 21 The President announced the following committee assignments for the newly elected members: Senator R. L. Turner of the 35th District: Finance Agriculture Banks and Banking Amendments to the Constitution Counties and County Matters Education and Public Schools Highways and Public Roads Municipal Government Public Welfare University System of Georgia Public Property Insurance Game and Fish Rules Senator Robinson of the 13th District: Finance Amendments to the Constitution Temperance Highways and Public Roads Counties and County Matters Academy for the Blind Corporations Commerce Special Judiciary 22 JouRNAL OF THE SENATE, Manufactures Pensions School for the Deaf Uniform Laws Western and Atlantic Railroad. Senator Millican of the 52nd District was assigned to the Committee on Highways and Public Roads in addition to the assignments given him in the 1937 Regular Session as Senator of the 35th District. The following message was received from the House through Han. Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit: By Mr. Sutton of Wilkes- House Resolution No. 2. A resolution providing for the appointment of a committee of five, three from the House and two from the Senate, to notify His Excellency, the Governor, that the extraordinary session of the General Assembly has convened and is ready for the transaction of business. The Speaker has appointed as a committee on the part of the House the following members, to-wit: Messrs. Preston of Bulloch, Reid of Carroll, and Pirkle of Forsyth. By Mr. Sutton of Wilkes- House Resolution No. 3. A resolution providing that the Senate be notified that the House has received the resignation of Han. Andrew J. Kingery, its Clerk, and that the resignation has been accepted and the House has elected Han. Joe Boone of Wilkinson County, Georgia, as his successor. MoNDAY, NovEMBER 22, 1937. 23 By Mr. Sutton of Wilkes- House Resolution No. 5. A resolution providing for a joint session of the General Assembly to meet in the Hall of the House of Representatives at 11:20 o'clock A. M., November 22, 1937, for the purpose of hearing a message from His Excellency, the Governor, and to provide for the appointment of a joint committee of five, three from the House and two from the Senate, to escort His Excellency, the Governor, to the Hall of the House of Representatives. The Speaker has appointed as a committee on the part of the House the following members, to-wit: Messrs. Fowler of Treutlen, Warnell of Bryan, and Drake of Seminole. The following resolutions of the House were read and adopted: By Mr. Sutton of Wilkes- House Resolution No. 2. A resolution providing for the appointment of a committee of five, three from the House and two from the Senate, to notify His Excellency, the Governor, that the extraordinary session of the General Assembly has convened and is ready for the transaction of business. By Mr. Sutton of Wilkes- House Resolution No. 3. A resolution providing that the Senate be notified that the House has received the resignation of Bon. Andrew J. Kingery, its Clerk, and that the resignation has been accepted and the House has elected Han. Joe Boone of Wilkinson County, Georgia as his successor. By Mr. Sutton of Wilkes- House Resolution No. 5. A resolution providing for a joint session of the General Assembly to meet in the Hall of the House of Representatives at 11:20 o'clock A. M., November 22, 1937, for the purpose of hearing a message from His Excellency, the Governor, and to provide a committee of escort for the Governor. 24 JouRNAL oF THE SENATE, The hour of 11:20 o'clock having arrived, the Senate repaired to the Hall of the House of Representatives for the purpose of hearing an address by His Excellency, the Governor, in accordance with House Resolution No. 5, previously adopted. The joint session was called to order by Hon. John B. Spivey, President of the Senate, and House Resolution No. 5 authorizing the joint session was read by Hon. John W. Hammond, Secretary of the Senate. His Excellency, the Governor, accompanied by the joint committee of the Senate and House, appeared on the floor of the House and were escorted to the Speaker's stand. Hon. John B. Spivey presented His Excellency, Governor E. D. Rivers, who delivered the following message: LADIES AND GENTLEMEN oF THE AssEMBLY: Pursuant to a provision by our fathers, and in keeping with precedent, you have been called into extraordinary session to enact legislation essential to the progress of our people. I trust that your loved ones at home may be well and comfortable during your stay at the session, and that the satisfaction of rendering a splendid public service may compensate you for the sacrifice you are making in your personal business to labor here for the common weal. At your regular session nearly a year ago we started a program that had been asked for by the people of the state in our election, yours and mine, and that was embodied in the platform of the Democratic party of the state, to which the vast majority of our citizens adhere. There were certain parts of this program that could not be enacted into law at the regular session because of need of preliminary constitutional authority. In these instances you proposed constitutional amendments and found a means of submitting them to the people early following your sessinn. At that time we agreed that your work was not finished, and could not be finished, to carry out the program until the results of the election on these constitutional amendments had been determined. Now that the amendments to the constitution have been voted overwhelmingly by the people, both in MoNDAY, NovEMBER 22, 1937. 25 popular and county unit votes, we have met here to finish the job we started at the regular session. From the splendid start this Assembly made in carrying out the will of the people and the platform of the party, I have every confidence in your courage, ability and patriotism to finish the task. This Assembly, having initially started the job, should by all the rules of right have an opportunity to finish it. The people have acclaimed your efforts at the regular session, through the press, in public forum, in group meetings and in private conversation. The people have likewise approved your work at the regular session and your contemplated work at this session by direct vote in the election on June 8th. No Assembly in this generation has enjoyed such confidence and approval at the hands of the people. No Assembly in any generation has enjoyed more confidence and esteem in the hearts of the people than this Assembly. I congratulate you upon what you did at the regular session, and I prophesy for you a like accomplishment at this special session. The main task before this session of the General Assembly is the revision of the system of taxation, so that tax relief may he granted to people now overburdened and tax responsibility may be placed on people now shirking it entirely or in too great part, to the end that the tax burden may he more equitably distributed and thus more easily borne, and to the end that adequate revenue may be raised to pay the appropriations bill passed at our regular session. I have put in the call various other items specifically requested by the members of the Assembly in addition to this major item. I did this in an effort to assist the individual members in pressing matters peculiarly affecting them. Many of the members assured me that should these requested items produce friction, or prolong debate, they would he promptly abandoned. Therefore, I feel that the placing of these several other items in the call will not be abused to the extent that the main purpose will be jeopardized or the session too long drawn out. I am sure you are interested to know the progress that has been made by the administration in executing the laws you en- 26 JouRNAL oF THE SENATE, acted at the regular session as affects this program ordered by the people. EDUCATIONAL PROGRAM In order to administer the new educational program, you authorized the appointment of a State Board of Education, representing each Congressional District of the State. The new State Board of Education was appointed and organized. The State Board then entered vigorously, patiently and determinedly into setting up the two major educational activities you provided for the children; to-wit: Free school books and the minimum seven-months term of school paid for by the State Treasury. FREE SCHOOL BOOKS Heretofore it had been customary to devote about two davs to the adoption of text and price for school books. We spe~t thirty days, instead of two, long hours each day and running_well into the night many times, bargaining with the book companies in buying the free school books. Previously we had set up committees of teachers to examine and pass upon all books submitted and recommended to us only those books that the teachers of our state thought were among the best to be taught to our children. In buying books we adhered strictly to those books recommended by our teachers, so as to guarantee good books to the children of the state. Having thus established what books were the best, we proceeded to bargain for them. As a result of our efforts of bargaining for books at the best possible price, we bought an adequate supply of the best books the children of Georgia have ever had and as good books as the children of any state have. In purchasing these school books our desire was first to help the parents of children, who had an investment in school books bought previously to the free school book program, and to help the school systems that had undertaken a rental or free system on their own account prior to our state-wide free school book undertaking. vVe made every possible effort to buy up these books, and bought every one the parents and systems desired to sell that were in condition to buy and that were of the quality MoNDAY, NovEMBER 22, 1937. 27 desired to he taught. We spent approximately one half million dollars in this manner, that went hack into the pockets of the people that would have otherwise been lost to them, before we started buying hooks from the hook companies. We then, in addition to these hooks purchased from our own people, bought up to November 1, 1937, 3,787,247 hooks from the compaines at a cost of $1,542,553.092. Had these hooks been bought under the old adoption system, at retail price, they would have cost the citizens $2,720,209.79. We made a saving of $1,177,656.698, in the hooks we have already bought from the companies up to November 1, 1937. This does not take into account the savings made in the purchase of hooks from the parents and systems. As other hooks are purchased for the remainder of the school year proportionate savings will he evidenced. There will he attached to this message a summary sheet showing the number of hooks by grades, the purchase price we have paid for them, and the retail price that the people would have had to have paid for them under the old adoption except for the free school hook program, and the savings by grades in the grammar schools and the savings in the high schools by subjects, so that you may canvass these hooks, grade by grade and subject by subject in familiarizing yourselves with the savings accomplished. This summary is furnished direct by the Department of Education as official figures to you. While the purchases have not as yet run to the full figures, we feel safe in saying that our total school hooks purchases this year will not run more than two and a half million dollars. Heretofore the people of the state paid in round figures four million dollars for school hooks through private purchases at retail prices. This was an annual fixed charge for school hooks against the people of Georgia, because the books were not preserved and only a comparatively small percent were used more than one year. Therefore, we will save this year to the people of the State, through the free school book program, in round figures, one and a half million dollars, of which amount we have already saved in the purchase of books from the companies alone $1,177,656.698. 28 JouRNAL oF THE SENATE, The future annual savings to the people in this behalf will be even greater. It has been the experience of other states that it costs only one dollar per child per year to maintain the free school book system through replacements, as the books wear out or are destroyed. \Ve will have approximately one million children in school in Georgia. At one dollar each for replacements of books, our annual school book bill, after our initial purchases are complete, will, therefore, be approximately one million dollars per year. The annual school book bill paid by the people heretofore in private purchases at retail prices have been approximately four million dollars per year. The free school book program will save in future years approximately three million dollars per year. Thus, in executing the free school book program you passed, this administration-of which you are a part-is entitled to the record of having saved one and a half million dollars for the people the first year and three million dollars per year for the people in each of the future years. This is a record for economy in the purchase of school books that surpasses that of any state in this union. It is a concrete example of economy in government rather than a misguided harangue for economy. The greatest saving we have made in the free school book program, however, has not been in dollars and cents, as great ~s that is; the greatest saving has been in boys and girls. The State Department of Education advises me that, through these free school books, we are putting into school this year approximately two hundred thousand Georgia children who last year had the doors of the school houses slammed in their faces because their parents were too poor to buy them the books with which to go to school. Another very heartening result of our administration of the free school book program is that, while we bargained hard for books with the companies, there has not been a single complaint of unfair treatment on the part of any company, and not the slightest breath of scandal connected with the purchases. A stenographic report of every word said and every step taken in the purchases is on file in the Department of Education as a permanent public record. MoNDAY, ~ovntBER 22, 19:)7. 29 SEVE:\T-MONTHS SCHOOL TERM The minimum seven-months school term bill has been set up in practical operation and, through it, the teachers have had their salaries raised to a reasonable minimum, as authorized by the law. The need of this raise is evidenced strikingly by the fact that last year in Georgia white teachers, who held degrees from colleges and universities, in which they had spent years of their lives in attaining and thousands of dollars in obtaining, taught in our schools for as low as $36.00 per month; less than we paid colored janitors around the courthouses, depots and the State Capitol. In setting up the seven-months term we were able to give from the State Treasury to the local communities increased sums for schools. Last ye~r the local communities received only approximately S3,600,000 of per capita school tax. This year under the seven-months school term bill they have been appropriated $9,256,000, which will give on an average of two and three to one dollars from the State Treasurv to the local communities this year over last year. They hav~ been paid thus for 100% of this promised sum promptly each month for the first time in the history of the State. There will be attached to this message a schedule, direct from the Department of Education, showing the amounts by counties and independent school districts, the local communities will receive under the seven-months school term bill as we are administering it, so that you may know how it afFects each of your particular communities and may compare it with how your local communities were affected heretofore. The sum and substance of it is that every child will have a minimum seven-months term of school open to him, paid for from the Stat"e Treasury, and the teachers will be paid a minimum, reasonable salary based on their qualifications and experience. It means that while last year white children in some communities went to school at terms ranging from three, four, five and six months, which did not enable them to pass their grades and be accepted in accredited schools, that this year the minimum seven-months term does enable them to receive credit for passing their grades. It means that while the state furnished only 30 JouRNAL oF THE SENATE, enough money to run the schools three months last year-and the local communities that had more than three-months term of school had to levy a tax for the difference between three months and whatever length they ran-that this year, with the state paying for a minimum of seven-months that the local communities will have to tax their people only enough to run their schools whatever length term they desire to run them above seven months. Taking into account only those schools that ran more than seven months last year, the seven-months school program, financed from the State Treasury, enables a saving of approximately four million dollars in local school taxes to the people. SPECIAL CONSTITUTIONAL SCHOOL SYSTEM An administrative financial difficulty has been encountered in respect to the schools in four of our counties, which have special constitutional school systems, that put them on a different legal basis than the other 155 counties. In one of these four counties the state board seems to have worked out a satisfactory adjustment of the situation. In three of the others the matter is in progress of determination that will probably necessitate an adjudication by the courts. We had figured the money for these counties in the provisions of the seven-months term bill on the same basis as the other 155 counties. If the court should construe that we must pay them on the basis they contend, rather than on the same basis as the rest of the counties, they will receive proportionately more money than the other counties and this will necessitate an adjustment in the common school appropriation to meet that increase, totalling approximately $250,000. The only other administrative financial problem in connection with the seven-months school term law that "we have not been able apparently to satisfactorily adjust is that the free school books have brought into school approximately 200,000 additional children, presenting an abnormal increase in school population that we had not fully anticipated. This abnormal increase in school population means the necessity for increasing the number of teachers over what we had contemplated in fixing the appropriation for the seven-months minimum term MoNDAY, NovEMBER 22, 1937. 31 from the State Treasury. To take care of this abnormal increase we must increase the school appropriation approximately $700;000. This represents the only operating expense not fully contemplated by the appropriation bill you passed at the regular session and the budget we originally submitted for operating the state government. Summarizing the educational situation generally, let it be remembered that at the time you met, and this administration came into office, counting the District of Columbia, Georgia stood forty-ninth in the nation in the education of our people. Through the administration of the free school book program and the minimum seven-months term bill you provided, the State Board of Education has already moved Georgia from the foot of the ladder and we are now well up among our sister states. We have thus far paid our teachers promptly and 100%, as promised in the appropriation for the seven-months school term law. Official figures as to our educational status in relation to our sister states cannot be definitely determined until the end of one year's operation; however, we know we have moved out from the foot of the list and, although we have had these laws in operation only since July 1st, we are now ranking well up among the other states in education. HEALTH You authorized an expanded health program by increasing the appropriation to public health from $100,000 to $600,000. This enabled us to match nearly $400,000 of federal funds for public health and gives us approximately $1,000,000 for a public health program this year instead of $100,000.00. There will be attached to this message for your information a detailed report direct from the Department of Public Health to you, showing the itemized budget for the expenditure of these health funds. From it you will see the manner in which the money is being used to meet the problem of disease in our state. In this budget we have set aside funds to provide free treatment for such diseases as diphtheria. Last year children suffering with diphtheria, whose parents were too poor to buy 32 JouRNAL OF THE SENATE, these treatments, were forced to writhe and choke to death. No longer is this true in Georgia since you authorized this expanded public health program. Another item of particular interest in the new health budget is provision for research and treatment of cancer. \Ve have engaged one reputed to be among those greatest skilled in this line in the world to direct this fight on cancer, and the prospective results are already extremely encouraging. \Ve are making serious attacks on venereal diseases, typhus, malaria, tuberculosis and other causes of high death rates among our people. Be it remembered as in the matter of education so in health. When you met and inducted this administration into office less than a year ago Georgia, counting the District of Columbia, stood forty-ninth in the nation in health work. As a result of the program you authorized, and the administration of it we have set up, Georgia has moved out of this unenviable position and is now well up among her sister states in a health program. Its exact status, as in the instance of education, cannot be officially determined until the end of a year's operation; yet we alreadv know that we have moved out from the bottom and are w~ll up in the rank of the states in this important governmental service. The figures on which we base this statement are as follows: RESULTS OF INCREASED EXPENDITURES The vital statistics records show that the death rates of the following diseases were decreased in 1937, as compared with 1936, as follows: All causes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.6 Typhoid.................................... 25.9 Malaria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39.0 Diphtheria.................................. 8.0 Tuberculosis (all forms). . . . . . . . . . . . . . . . . . . . . . 10.9 Pellagra. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;),;) Dysentery ..... 18.8 MoNDAY, NovEMBER 22, 1937. 33 Influenza .................................. . 28.7 Pneumonia ...... -.......................... . 25.6 Meningococcus Meningitis ................... . 46.2 Infant Mortality ........................... . 5.7 Maternal Mortality .........................._ 6.4 Total deaths for eight months of 1936-was 23,821. For the same period of 1937, the total was 21,915; Lives saved-1,906. It is axiomatic in economics that the earning power of a people is in direct ratio with the education and health levels of the people. You may take any two states in the nation and com- pare the earning power of their people and it will be in direct ratio with the education and health levels of the people of these states. Georgia has been no exception to this axiom. Ranking lowest in education and health heretofore, our earning power has been only one half the earning power of the nation and 20% less than the earning power of the other Southern States. Georgia in the future will be no exception. With the administration of the new educational and health programs, we will double the earning power of the middle and lower brackets of our people within a very few years. A people cannot earn if they are sick. A people cannot earn if they are ignorant. A people can earn if they are well. A people can earn if they have knowledge. Georgia is not to poor to keep its people healthy and to educate them. Georgia is too poor not to keep its people healthy and to educate them. SOCIAL SECURITY Despite law suits and spasmodic efforts by some local communities to block the social security program you authorized, and the people approved, we started this program as of July 1, 1937. This program is the most difficult to administer of any our state is undertaking. It is difficult by reason of our inexperience in this field heretobefore and by reason of the many interests involved that have to be harmonized, reconciled and coordinated. These interests are the Federal Government, that 34 JouRNAL OF THE SENATE, puts up one half of the money; the state government, that puts up 40% of the money; the county governments, that put up 10% of the money; the county boards of welfare, appointed by the County Commissioners and confirmed by the state under requirements of the Federal Government, which passes on the applicants and the amount of their benefits; the county welfare worker, likewise named by the county welfare board and approved by the state, under federal requirements; and the various applicants for various classes of benefits. In harmonizing and coordinating the Federal Government, the state government, the county governments, the county welfare boards, the county welfare directors, and the thousands of applicants for various benefits, there is presented indeed a tedious task. It is one that requires time, talent and patience. We have gone about it with vigor. Despite our inexperience in this field, Georgia will pay more people benefits under the social security program in December this year than any Southern state, save Texas alone. Of course, we can never compete with Texas in this behalf, because of its huge population and tremendous area. We have already abolished twa-thirds of the poorhouses in Georgia and by January 1st will have abolished all but ten or fifteen poorhouses in the state. Twelve months from the time we started we expect to abolish every poorhouse, except in the five city counties, where the number of people in poverty in classes not covered by social security is so great that they will probably have to operate their poorhouses until such time as the scope of the social security program is enlarged sufficiently to cover these additional classes. You have wisely, in setting up the social security program, segregated the funds we are to spend for benefits from the funds we are to spend for administrative costs. This guarantee that no money provided for benefits can be spent for administration. Compared as to number of counties and other elements that enter into administration of the program, Georgia is administering its social security program more economically than any state in the nation; this despite the fact other states have been operating their program from eighteen months to two years, while we have been operating ours less than six months. This record of administrative economy, in my opinion, has been MoNDAY, NovEMBER 22, 1937. 35 made sure by reason of this wise provision of segregating the benefit funds from the administrative funds; and I trust we will never depart from this procedure. There will be attached to this message for your journals a detailed statement of benefits and administrative costs from the Department of Public Welfare for your information and for the information of the people. There is an item in administrative costs that we did not contemplate when we set up our social security program. This is the item of administration of county departments on an enlarged scale during the preliminary period of canvassing the initial thousands of applicants in making up our final normal rolls. As a result of not reckoning with this initial heavy county expense, we did not provide funds for the administrative phase adequate to care for this situation. While the counties have for the most part patriotically met the situation with local funds, we have been forced, in justice to them to waive the requirement of their 10% matching, in order to enable them to do so. This has affected the fiscal setup to an extent. The problem is not yet over and I recommend that you adjust this matter in line with a proposal that will be submitted on the part of the Welfare Department. When we started off our social security program, pending actual administration, we were required to have a lien provision against applicants as a guarantee against fraud. Our administration of the law has been sufficiently efficient and meritorious to enable this lien requirement to be lifted after our first month's operation. In the light of this fact that the lien provision has been lifted, I recommend that the lien provision be stricken from our law as superfluous and unnecessary. In seeking conservatism in the initial program of social security we did not ask for a program for our crippled children. The Federal Government puts up money for crippled children benefits the same as it does for old age pensions, aid for the blind and for dependent children. There are approximately eleven thousand crippled children in Georgia, who can be given assistance providing we will match the funds in this instance as in the case of these other benefits. We feel from present experience with the program 36 JouRNAL oF THE SENATE, that we can safely take on this crippled children's work without increasing our total benefit fund. I, therefore, recommend that the social security program be expanded in scope so as to enable us to give assistance to crippled children. UNEMPLOYMENT INSURANCE In setting up the unemployment insurance program we fixed January 1, 1939, as the date to begin paying benefits. We did this because of the requirements that we first collect funds for two years and get a reserve before we started benefit payme11ts. Our law having started operation as of January 1, 1937, the earliest date we could start paying benefits under the federal law was January 1, 1939. However, our people had paid the unemployment insurance payroll tax for the year 1936, and this money had gone direct to the Federal Government, and apparently was lost. Several other states were in the same boat with Georgia in this behalf, and the group of them was sufficiently strong in Congress to secure a provision for a return to us, and these other states, of the 1936 money which our people had paid to the Federal Government. While this money has not been actually paid to us, we feel it will be within the next few months. If it is, there is a possibility we can start our benefit payments earlier than January 1, 1939. I, therefore, recommend that you amend the unemployment compensation law so as to enable us to start paying these unemployment benefits to our people on July 1, 1938, or as early thereafter as we can work out the details with the social security board; instead of waiting until January 1, 1939, to start these payments. There are a few minor administrative amendments in the unemployment insurance program that should be made but they are of such small import that I will not detail them to you, but they will be presented to you in due course by the unemployment insurance division. Be it remembered that this unemployment insurance program you authorized does not add a single penny tax upon our people. MoNDAY, NovEMBER 22, 1937. 37 Our people would have to pay exactly the same amount of payroll tax to the Federal Government if we did not have this law in Georgia as they do since we do have the law. The sole difference is that with us having the law we have 90% of the money paid in by our people returned to us, to be paid t?Ut by us in benefits to our unemployed, and we have the administration of the law in Georgia, paid for by the Federal Government out of the remaining 10%. Otherwise, if we did not have the law, our people would pay the same amount of tax to the Federal Government and it would go into the federal treasury and into other states, and we would have paid the tax without realizing a single benefit from it. POLICE PATROL You authorized the setting up of a police patrol under a director of safety for the safety of our people through observance of law on our highways. You set aside $100,000 for the initial setup of this patrol and then provided the future financing of its operation with a driver's license of $1.00 for two years. We set up this patrol strictly on a civil service, or merit, basis, requiring the applicants to pass physical and mental examinations. As a preliminary to putting the police patrol on the highways and to provide adequate training for them, to insure courtesy and efficiency, we gave these applicants who could pass these examinations a course of instruction lasting several weeks. We had people skilled in safety, first aid, police work, and patroling to train these applicants. We taught them courses in the geography of the State, the location and attractions of our principal points of interest, and otherwise gave them training we felt would prepare them for this important work. We placed at the head of the Department, Hon. Phil Brewster, of Polk County, who meets the requirements, you provided in your act. We started out with approximately 80 men, instead of the 120 you authorized, in an effort to feel our way conservatively and determine on experience of actual operation whether or not the people wanted this patrol and whether or not we had the setup properly made. The reaction of the people has been so tremendously favorable to the police patrol and the manner in which it is set up and operating that it seems to be one of the most effective and popular undertakings you have authorized 38 JouRNAL OF THE SENATE, for the administration. We are, therefore, expanding the patrol through the same process in which we set it up, so that we may have the full 120-men strength at an early date. The financial operation of the patrol has been thus far very satisfactory. We have started collecting the drivers licenses and the people have responded so freely that we have already taken in from that source sufficient funds to repay the $100,000 which was authorized to be set aside for us from the general treasury, and have enough money on hand to discount our bills and care with cash for current operating expenses. We are proceeding with the collection of these licenses and have every reason to believe they will finance the activities of this department as we had contemplated. The patrol could be made more effective against crime if we had a stationary auxiliary at the main points where trunk-liner highways enter our state. A recommendation in this connection will be made later on in this message. SPECIAL ATIORNEYS In setting up the administration of social security, unemployment insurance compensation and the police patrol, there were so many legal and technical details con.nected with the initial setup of these activities that the law department could not possibly have attended to its other heavy duties and devoted the time necessary on legal details incident to their setup. I, therefore, employed temporarily in making these setups three special assistant attorney generals to do this legal detail work. In setting up the social security program, E. D. Rivers, Jr., was employed at a salary of three hundred dollars per month. He has been intimately associated with me in the practice of law since he passed the bar examination in 1931, has worked with me in my campaigns, and knows my every thought and policy with reference to social security. I felt that he could effectively handle the legal setup of social security in a manner suited to the policies I wanted and for which I was responsible. I felt that three hundred dollars a month for his services, as compared with $5,000 per year paid an Assistant Attorney General to have done the work, was reasonable. His work in MoNDAY, NovEMBER 22, 1937. 39 this connection will be completed at the end of six months of the operation of the social security laws, and his resignation, effective January 1st, has already been tendered and accepted. At that time the legal work connected with the social security program will have been lightened to such an extent that the law department can carry it on without hampering its other strenuous tasks. The legal work incident to setting up the unemployment compensation laws was so heavy that it was necessary to employ a special assistant attorney to assist in making this setup. Hon. Wilmer D. Lanier was asked to do this specific job, because he was more familiar with the legislation than any person in Georgia. He was paid for this work four hundred dollars per month, and he made the initial setup at a sacrifice to himself in time and money. When he had completed the initial setup it was apparent that the heavy and specialized work incident to the unemployment insurance laws would continue to require a special assistant attorney. When this became apparent, following the initial setup, Mr. Lanier insisted upon being relieved, was relieved, and Hon. Clifford M. Walker, former Attorney General of the State and former Governor of the State, was assigned to this work at a salary of $5,000 per year. This salary, as was Mr. Lanier's, is paid entirely by the Federal Government out of the 10% administrative funds retained by the government to carry on national and State costs of administering these laws. In setting up the police patrol, I felt that Hon. Clem Sutton, author of the bill, was more experienced in doing this job for the state than anyone else in the state. He had spent his vacations for the past several years in visiting other states and studying their patrol systems, at his own expense. He agreed to make the initial setup of the patrol for us, and was paid for his work four hundred dollars per month. He completed his task, at a sacrifice in time and money to him, and henceforth the legal details of the highway patrol can likewise be handled by the department of law in my opinion. HIGHWAY DEPARTMENT You reorganized the highway department of the State in line 40 JouRNAL oF THE SENATE, with the Democratic Platform and the mandate of the people of the state, and the new State Highway Board, confirmed by the Senate, went into office during the closing days of your regular session. You know the condition of the department at the time it was reorganized. The last administration had not only spent all state funds but had gone in debt on future state funds of the department approximately three and a half million dollars. At the same time the department was left in this crippled condition on state funds, it had an accumulation of federal funds, some of which had to be matched with no 1>tate funds on hand with which to do the matching, and a tremendous sum of federal money, including both matched and unmatched funds, to be contracted before July 1, or these federal funds would be lost to the state. No plans and specifications for this tremendous amount of work had been prepared. The new highway department had to face the task of preparing plans and specifications and contracting these federal funds by July 1, or lose time; and had to face the proposition of an empty treasury in the highway department of state funds and an indebtedness against future state funds of three and a half million dollars; and the problem of matching the federal funds, despite the empty and debtladen highway treasury or loss of federal funds. This was a gigantic undertaking. It necessitated night and day work at fever pitch from the time the new highway board went into office until July 1st, to save these federal funds. It necessitated the Highway Department anticipating future state highway revenue for matching purposes to avoid losing some of the federal funds. Counting three and a half million dollar indebtedness against state funds, that was left over by the last administration, naturally in order to match these federal funds the State Highway Department had to further anticipate state funds for this matching purpose in order to save these federal funds. And, because of this dilemma, the Highway Department had to increase the indebtedness of state funds to the extent of matching the money from the Federal Government, which run the indebtedness in excess of four and a half million dollars. However, the money was matched and both the matched funds and the other federal funds not necessary to match, which had to be spent by July 1st, or lost, was contracted, and Georgia lost not a single penny of its federal funds. MoNDAY, NovEMBER 22, 1937. 41 Many said this was an impossible undertaking in the plight the State Highway Department was in, and even the federal officials themselves expressed the opinion we would not be able to do the job. Nevertheless, it has been done. In addition to the foregoing emergency, the new state highway department found that the amount paid the counties by the last administration in county contracts, preserved to help them maintain their chain gangs, was so inadequate that the counties were having to levy heavy local taxes to help maintain their chain gangs, and many of them were being forced to abandon their chain gangs. In an effort to help the counties, the state highway department increa'sed the allotment per convict to the counties from 75, under the old administration, to $1.00, and the price for work done was increased at a ratio illustrated by increasing the price for moving dirt from 18 per yard, under the old administration, to 25 per yard. Meanwhile, with an empty treasury on state funds and the three and a half million dollars worth of debts against state funds, the highway department faced the proposition of finding state funds with which to help the counties carry on this convict contract work. Meanwhile, the third task WilS in providing sufficient funds for maintenance in view of the neglect of maintenance of roads by the last administration and the type of roads constructed by tliat administration, and the increase in maintenance costs attendant thereunto, so that, with an empty treasury on state funds and three and a half million dollar debts contracted against future state funds, the State Highway Department was faced with the proposition of finding means of financing this exceedingly high maintenance demand. In addition to these problems many state aid roads, that had to be paved exclusively from state funds, had had grading and base work done on them that was washing away and which would be lost unless paving was immediately put on them. Financing the paving of these particular state aid roads had to be from state funds; with an empty treasury on state funds and three million and a half dollars of debts outstanding against it on state funds, the new highway department faced this added problem. However, the new highway department has faced 42 JouRNAL oF THE SENATE, these problems courageously and with state funds coming in during the time they have been in office and, with economic and efficient administration, they have kept the county contract work going, they have kept maintenance work going satisfactorily, they have carried on the work of paving these state aid roads that were going to ruin, they have matched the federal funds and have done all this with only a comparatively small increase in the indebtedness of the department against state funds. While it will take time to work out the indebtedness left against state funds by the last administration and meet the emergency expenditure of state funds necessary to carry on federal matching, county convict work, paving of state aid roads, and maintenance, the Highway Department feels that it will be able to do this without a slowing up to any appreciable extent of the highway maintenance and construction program, and finally pay off the debts against the state funds if its revenue now flowing to it remains substantially intact. In this connection be it remembered that we are levying a six cent tax on gasoline. Of this six cents, one cent goes to the counties for the school equalization fund, one cent goes to the counties to retire county road bonds, one cent goes to the counties for secondary road work on the basis of their state highway mileage; and one cent is devoted to county convict contract work on state aid roads. This leaves only two cents of the six cents per gallon left unhampered or unentangled for the State Highway Department to carry on its own construction and maintenance. Our normal federal funds that have to be matched are three and a third million dollars. The approximate amount received from each one cent gasoline tax is three million dollars. Therefore, it requires slightly more than one cent of the two cents remaining to match federal funds, than we would otherwise lose if we did not match them. All of the federal funds and the funds we use to match them of three and a third million dollars can only be spent on federal aid highways. The remaining unpaved portion of the federal aid highways is approximately one-seventh of the remaining unpaved roads in our entire state highway system. Of the remaining one cent, not used to match federal funds, we must spend a portion to supplement the maintenance funds received from the three dollar tag. When that is done MoNDAY, NovEMBER 22, 1937. 43 there is left slightly less than one cent to pave the state aid roads not in the federal system and to grade and pave those state aid roads not being graded by county convict contracts. It is, therefore, obvious, especially in the condition in which the last administration left the state funds in the Highway Department, that the Highway Department cannot carry on without loss of federal funds and neglect of maintenance and construction of state aid roads, unless the money now going to it is left reasonably in-tact. In addition to the other problems facing the Highway Department, the department was disorganized in personnel, the engineering staff was reduced to such a point of inefficiency that the federal government could not work with it, and the wages of common and semi-skilled labor was reduced to the point where the morale of this group was destroyed; the whole department was in a state of confusion and disorganization. In order to resume normal operation with the federal government it was necessary to meet their requirements in the number of highway divisions in the state to give adequate preparation to plans and specifications and supervision of construction. We met these requirements by increasing our divisions from three to seven. We met the wage problem in the lower brackets by increasing wages approximately 30% to put this class of personnel on a reasonable basis in keeping with wages paid by local industry. Despite increasing the divisions from three to seven, and despite increasing the wages of the common ~nd semi-skilled labor in line with local industry, the cost of administration of the affairs of the Highway Department for the first six months of its operation in 1937 was 1.68% as compared with 1.73% for the year 1936 under the last administration. This is a record of economy and efficiency that has caused our Highway Department to stand at the head of the list of the states of the entire union in economy and efficient administration. It has been the marvel of both the federal authorities and the people of the state that it has been able to do its job promptly, efficiently and economically under the handicaps under which it went into office. 44 JouRNAL OF THE SENATE, Heretofore there had been such unrest and lack of confidence in the Highway Department by the people of the state by reason of favoritism and dictation from the Governor's office and other practices not necessary to detail. Delegations were forced to make repeated calls to the State Capitol, at expense to the local taxpayers, begging for roads for their counties and promising political favors in return for roads. The new highway department ended this situation promptly by adopting the policy of giving to every county its part of the highway funds without the necessity of either begging for them or promising political favors in return for them. By this policy the Highway Department is evening up the neglect in counties that had been neglected and is building highways on the basis of merit. I am advised by the State Highway Department that there is not a single county in Georgia but what has had funds allotted to it for highway work, and in most of the counties actual work has been and is now going on. In an effort to establish the merit and priority with which highways should be constructed in the state, we have been able to induce the Federal Government to initiate, and largely pay for, out of its own funds, a four-year planning survey, taking a traffic census of all the highways in the state, including the state system, the county system and the rural routes, and showing on mappings thereof the location of improvements and public buildings with a view to actually determining the roads which are most used and most needed by our people, so that they may be given merited preference in construction. This planning survey, if followed, will result in a more intelligent administration of the highway funds of the state on the basis of merit to the people of the state. I do not think I overstate it when I say the confidence of the people has been restored in their Highway Department and that it is carrying on its work in a capable, satisfactory, efficient and economical manner. RURAL ROUTES The rural route program of the Highway Department, authorized by you at your regular session, is the first effort on the part of the assembly and any administration to have a comprehensive program for the construction of these rural routes, so MoNDAY, NovEMBER 22, 1937. 45 essential to the transportation of mail and the school children of our state. As with all new undertakings, it has been difficult to initiate and slow to get started. These difficulties have arisen largely by reason of the fact that we are having to work out policies and projects with the Federal Government and reach accord with them in this new field,-at a time when all of them were worked to death to catch up the neglected program on our main state and federal aid highways to prevent loss of federal funds to us. It has also been made more difficult by reason of the disappointing amount of revenue realized from the maintenance tag to support the program. The State Highway Department has gone forward with making surveys, plans and specifications, and has submitted them to the Federal Government for their approval. They have approved three projects, and we anticipate the approval of about twelve more this week, to make a total of about fifteen projects that should be started immediately. We have had a great deal of difficulty in establishing a policy with the government on the question of construction of these roads as between the counties doing the work and it being let through public bids to private contractors. The flow of these projects by reason of limited funds and the large number of counties, naturally will be in small sums and short spans. It has been our contention that in constructing short projects of this nature that the expense of a contractor, having to move his machinery and organization into a county on such small jobs, and then out again, that they could not construct the rural route roads as economically as these roads could be constructed by the counties, in most instances. The Federal Government, of course, will not permit the working of convict labor on these projects; but we have insisted that the counties had expensive equipment with which to do the work, in many instances, and that it would be of benefit to the counties to let them use this equipment and employ free labor and, by doing this, the projects could be let more economically and, at the same time, give the counties and the taxpayers the benefit of whatever profit there is in the work. The Federal Government has been slow to accede to this. They doubt the wisdom of it. Thev have agreed this far, however, that bids will be taken on each 46 JouRNAL oF THE SENATE, project, and then, if the prices bid are not satisfactory, we will go into the question of letting the counties do the work in each instance. Those of us who remember how slow and how much hard work was involved in getting our original state aid highway system started are not inclined to be impatient with the slowness with which we are getting the rural route program initiated. Just as with our state aid system, so with our rural road system. When we get it started, it will gradually expand until we will be getting liberal aid from the Federal Government. I believe the rural route program should not be abandoned, but that we should keep hard at the task of getting it in operation and expanding it. I am preparing a campaign among the other governors of the states to induce these other states to join with us in insisting that the Federal Government provide funds for the complete maintenance and construction of rural routes; since it is over these United States post roads that the Federal Government carries its mail, this is primarily an obligation of the Federal Government. I have every confidence that in the course of a few years the rural route program will be even larger in scope and expenditure than our state aid and federal aid highway systems. Another problem that has entered the highway picture is that under the federal law, known as the Hayden-Cartwright Bill, when a state diverts any of its highway funds after the date fixed in that bill, June 30, 1935, as I recall, that state loses a proportionate part of its federal funds as related to the amount of the diversion. The operation of the federal law on our federal funds for Georgia levied a penalty of approximately a million dollars against Georgia's federal highway funds, because of the diversion of the approximate three million dollars of highway funds made by the last administration. When I was notified of this penalty, I went to Washington and talked with the federal authorities and pointed out to them that, while the last administration had diverted these funds, this administration had not made any diversion, but to the contrary had supplemented our highway funds with the maintenance tag tax. I was told that despite the fact we had done this the penalty would have to be levied unless we specifically provided that this maintenance MoNDAY, NovEMBER 22, 1937. 47 tag tax money would go to repay this diversion. I succeeded in getting the penalty suspended until the General Assembly convened by assuring the federal authorities that we would write into the law that this maintenance tag tax money would go torepay this diversion, thereby eliminating the penalty. I recommend, therefore, that you write that provision into the maintenance tag law in order to escape this loss of a million dollars of federal funds to our state road program. When you have written into the law that the maintenance tag money goes to repay this diversion, in order to avoid this penalty, it will then be necessary to make some provision for financing the rural route program other than the maintenance tag tax. In the light of this, I recommend that you amend the state highway law to authorize the state highway board to set aside any funds it may have on hand for such purposes to match any federal funds that would be available for rural route construction, so that we may carry on the rural route program pending the time the diversion may be repaid by the maintenance tag tax. I believe these two provisions will enable us to escape the penalty and let us carry on an uninterrupted beginning of the rural route program. I will do my utmost with these two amendments to the law to accomplish this end. MAINTENANCE TAG The maintenance tag to support rural routes, as passed in its final form, is, in my opinion, inequitable. I believe that its schedule of fees should be revised so that those of the large operators not now paying their just part will be forced to do so, and those of the small operators now paying too much may be proportionately relieved. While there is considerable difficulty. in writing a fair schedule of fees, I have every confidence that the Legislature will be able to do it and I will help you every way I can. Strickly speaking, the pickup trucks should probably not be eliminated from the maintenance tag tax. There are more pickup trucks in the cities and towns than on the farms and to eliminate them entirely will certainly not be in favor of the farmer. Yet, all in all, for a satisfactory operation of th~ law it may be 48 JouRNAL OF THE SENATE, well to eliminate the pickup truck entirely from the maintenance tag tax and to revise the law with reference to trucks engaged in hauling agricultural products. I, therefore, recommend a revision of schedule of fees on maintenance tags and that the mainte- .nance tag and identification tag be combined so that only one tag will be required. When I signed this bill I told the people, in my opinion, it had some injustice in it, and I was only signing it because I did not want to abandon the rural route program, and that at this session I would urge you to revise it. I am making this recommendation in keeping with my promise to the people of Georgia, and I trust you will carry it out. In an unofficial call of the General Assembly, held at the Henry Grady Hotel after the last session, I inquired of you as to whether or not the members would cooperate with me, and many of you assured me that you would. I, therefore, have every confidence that you will do this. MILEAGE TAX The levy of a mileage tax, if it could be uniformly enforced and economicallY administered, is the fairest manner in which to care for the mai~ tenance of the highways. Yet our experience with it has been that it is so impossible and of such excessive cost in administration that it is impracticable. Unless a more practicable and economical svstem can be evolved than I have been able to figure out in my .own mind, I believe it would be better not to have a mileage tax for intra-state trucks and buses, but to rely on the revision of the maintenance tag tax. That is not a set recommendation but is my best judgment with what information I have been able to gain. There should be some way of reaching out-of-state haulers on an equitable basis-those who make occasional trips through our state. These out-of-state trucks and buses usually have subtanks, with which they carry supplies of gasoline from one bulk station to another and seldom buy any gasoline in the state. If you force them to buy a maintenance tag, their states enforce reprisals on our haulers and force them to buy tags in other states, and they usually are }ligher than our maintenance tag. This causes confusion and expense. You, therefore, cannot apply the maintenance tag to the out-of-state trucks and buses MoNDAY, NovEMBER 22, 1937. 49 to any degree of satisfaction. Some of the states have established an inspection of out-of-state trucks and buses at the state line and collect mileage tax from them at the state line for the mileage their invoices show will be made on the trip. I recommend that you establish a reasonable mileage tax on out-of-state trucks and buses hauling casually through our state. To enforce this I recommend that you establish at the essential main arteries of travel entering our state a stationary patrolman, under the same civil service that you apply to the state highway patrol, and to be a stationary auxiliary to the state highway patrol in the enforcement of law at these main entries. These stationary patrolmen to collect the mileage tax on these trucks and buses and remit it to the revenue commission; they to be paid by the revenue department stipulated salaries from the proceeds of the tax thus collected. I further recommend that these stationary patrolmen be authorized to enforce the laws as to weights and measurements of trucks and buses and to cooperate with the highway patrol in the enforcement of the law against crime of those entering the state at these points. These patrolmen, being stationary, of course would have no traveling expense or authority to engage in patrol duties other than in a stationary manner at these points. AUTOMOBILE LICENSE TAG I recommend that the distribution of automobile license tags be placed with the county tax collectors as a matter of convenience and economy to the people and that distribution fees be paid the tax collectors to adjust their compensation in the light of the contemplated home exemption law. I further recommend that the tax collectors be required to account for the sale of these tags direct to the state revenue commission, and that they be required to furnish information as to the description and ownership of the cars to the department of public safety to insure identification of the care when needed for any purpose. There has been much discussion about the lowering of the price of the tag, especially on small used cars. There is considerable argument in favor of doing this and in favor of graduating the scale of the tag so as to decrease the price to the small 50 JouRNAL OF THE SENATE, car operators and increase the price to the large car operators. In the event you see proper to revise the schedule in this manner, I suggest you arrange this revision to where there will not be any loss of revenue for maintenance purposes from the automobile license. In the light of the fact our laws provide that the tag on automobiles is for identification, maintenance and regulation, there is considerable logic for graduating the tags for the larger cars because the expense of maintenance is slightly higher with respect to their use of the highways. I recommend that the tax collectors be given the distribution of the truck and bus maintenance and identification tags, as well as the automobile license tags for the same reason. It is unquestioned that if one owner of an automobile, bus, or truck, should return his car and pay ad valorem tax on it, all owners of automobiles, trucks and buses should return their cars, trucks and buses and be required to pay ad valorem taxes on them. Alabama has experienced a quite satisfactory means of forcing a return of all trucks and buses and payment of ad valorem tax by making it a prerequisite to obtaining a license tag. In the light of their experience, I recommend that you require at least the return and assessing of automobiles, trucks and buses, with tax receivers, or commissioners, as a prerequisite to delivery of a license tag for the car, truck or bus. In the light of this requirement, it makes more necessary the distribution of the automobile, truck and bus license tags locally. For the sake of uniformity of assessments on automobiles, trucks, and buses, it has been suggested that the blue book valuations be used as the basis of the assessment. I, therefore, recommend some such uniform standard be fixed in the law so that we may have all taxpayers on automobiles, trucks and buses paying on a uniform basis. HOME, HOUSEHOLD AND KITCHEN FURNITURE EXEMPTIONS The people of the state in laying the foundation for tax revision have by their vote said that they want some tax taken off when revising the system. They voted down a provision that this taking off of taxes come through over-all limitation on all MoNDAY, NovEMBER 22, 1937. 51 real estate. They voted overwhelmingly that the taking off of taxes he through home and household and kitchen furniture exemptions. I, therefore, recommend to you that you pass enabling acts necessary to put into effect the exemption of owner-occupied homes at $2,000 and household and kitchen furniture and domestic animal exemptions at $300, and that the enabling acts, providing the machinery for setting aside these exempted properties, making a description thereof open to public inspection, and providing strict regulations and penalties for the practice of fraud in seeking to impose upon this exemption where not entitled to it. I recommend that at the outset the exempted properties he on the basis of the 1937 appraisals, so that the people may actually and promptly receive the exemption they have been promised, and for which they voted. Thereafter I recommend that the manner of appraising the exemptions he through the same machinery now provided, or as you may provide for assessing property for taxation, so as to avoid duplication in appraisal machinery. I think these exemption enabling acts should he enacted ahead of the tax revision program, so that we can keep faith with the people in taking off some tax through the revision. By the passage of proper enabling acts to these exemptions, you will take off approximately six million dollars ad valorem tax from the people on their homes, household and kitchen furniture and domestic anima,ls. Slightly more than five million dollars of this will he taken off through relief of local school and county levies and slightly less than a million dollars will he taken off through state levies on this property, making a total of approximately six million dollars of relief through these exemptions. Under the constitutional amendment, I am advised that we must start the exemption of homes at two thousand dollars, and I know the people in voting thought they were voting for two thousand dollar exemptions, because the issues were fought on that basis, both by the people sponsoring these measures and those opposing them. I do not think it could he legally started at less than this amount, and I do not think we would he morally keeping faith with the people unless we do start at this amount. 52 JouRNAL oF THE SENATE, These enabling acts should be, in my opinion-and I so recom_. mend, the first step you take in tax revision. Having eliminated the necessity of the levy of four million dollars of local school tax, by reason of the operation of the seven-months school term, and then providing these exemptions, we will take off of the people approximately $10,000,000 in ad valorem taxes; $6,000,000 of it on the home and household and kitchen furniture, and $4,000,000 of it on property ad valorem tax generally. INT:\NGIBLES The second step in tax revision that I recommend you take is to pass enabling acts for the classification of intangibles in line with the constitutional amendment voted by the people, giving you this authority. By the writing of an intangible act and provision for the distribution of funds derived from this source of taxation, you will have disposed of the second step in the tax reviSIOn program. In view of the fact that there are some special constitutional provisions, with reference to levies on the part of some of our subdivisions, and that the policy of the law is to reconcile the different provisions of the constitution on the same subject matter, it is thought by those who have studied the question that in the classification of intangibles it will not be legal to fix a maximum tax rate on them but that it is proper to fix a maximum assessment rate on them. In view of this legal proposition, I recommend that you enact enabling acts on this constitutional amendment on an assessment basis, rather than on a maximum rate basis. In doing so, I suggest that you make the assessments sufficiently low to derive only the just share of taxes from this class of property and sufficiently low to where the tax on this class of property cannot justly be assigned as an excuse, or reason, for people withholding this class of property from the tax digest, or removing it or themselves beyond the state. By writing the intangible tax law on the assessment tax on this property will automatically adjust itself and there will be no need of a distribution feature of the law. Should vou differ with this recommendation as to classifying and fixing. assessments, rather than on rates, and should you MoNDAY, NovEMBER 22, 1937. 53 take the view you should fix a maximum rate, rather than assessment, I recommend that the intangible tax wholly, or at least the greater part, be given to the counties and municipalities to assist them in making up for the loss from their digest through the exemption proposals. The cities lose only the household exemptions. Through the counties and municipalities receiving all, or the bulk, of the intangible tax, and through the enforced and uniform assessment of automobile, trucks and buses, they will have considerable additional revenue flowing to them. In addition to this we propose to further make up the loss in revenue from the exemptions, to the counties by benefits of the rural route program, by continuing the increased price county contracts from the highway department to help them support their convicts, and by final normal operation of the social security program to relieve them of the support of the poor houses and paupers. ALLOCATIONS Since we have such a large proportion of our budgets based on allocations, and since these allocations are proving satisfactory in operation to the people, it seems impractical to abandon the system of allocations. While I realize that, strictly speaking, from a budgetary standpoint that all moneys should be placed in the general treasury and appropriated out of the treasury by stiffly set sums, rather than by allocations; still I do not believe it is practical to do this in Georgia at this time. Allocations do have the virtue of showing the people for what purpose a tax is levied and what specific governmental service is rendered with this specific tax. It also has the advantage of enabling the strict account of both the amount and cost of administration of the tax levied for the specific purpose. In view of the fact that we have such an extensive allocation of the major part of our revenue, I recommend that we keep the allocation system and make our budget conform uniformly to allocations. In other words, either we should not have any allocations or we should have complete allocations. 54 JouRNAL oF THE SENATE, There will be attached to this message a suggested program of allocations of our revenue to do this budget job in this manner. From this schedule you will see that sufficient funds are being derived from present sources of taxation when allocated to present governmental services to fully pay our budget, with the sole exception of the educational program. By this completed system of allocations we will reduce the whole revenue problem of the state down to the one proposition of financing our educational system. I believ~ this to be desirable, both on the part of the Assembly and the people, and I so recommend it. The completion of the system of allocations I recommend to be the third step in your tax revision program. In any system of allocations, either as far as we have already gone in that connection, or in carrying the allocations to the complete budget, it is essential that there be established a treasury stabilization fund. This is necessary for the reason that allocated funds fluctuate and do not evenly jibe with the appropriation desired. I, therefore, recommend that a "treasury tithe" of 10% be established on all funds coming into the treasury, and that this constitute a treasury stabilization fund to be used in causing allocations to meet, and only meet, the appropriation fixed by the General Assembly. We now have a semblance of such a stabilization fund through the 3% retention from the 100% collections, but this is not sufficient for sound financing. I believe that 10% is sufficient and I recommend that it be fixed at this amount. By the establishing of such a stabilization fund, we would, in my opinion, in no way jeopardize any governmental activity supported by allocations but, on the contrary, would stabilize these activities. Our revenue comes into the treasury unevenly and spasmodically. There are peaks of the year when we receive large amounts of revenue into the treasury and there are valleys in months when we receive scarcely no revenue into the treasury. Yet our budget requirements are pretty well uniform the year around. The treasury tithe stabilization fund would, in my opinion, entirely solve this problem. We have been trying to solve it by providing an impounding of funds from one department for a short period, but this impounding has not proven either satisfactory or fully effective. I, therefore, recommend the setting up of this MoNDAY, NovEMBER 22, 1937. 55 "Treasury Tithe" stabilization fund as the fourth step m your tax program. INTER-DEPARTMENTAL DEBENTURES Our Eleemosynary Institutions must have a building program. This program is a capital investment and not an operating expense. We can hardly levy additional taxes for such a program to get the funds in hand immediately, yet the need is most acute. You levied a chain store tax last session for this purpose, but the revenue has been terribly disappointing. Whether you finally finance this building through the chain store tax or some other tax, the money will not be immediately available, yet the building program must start. To meet this and any future similar situation, I recommend that you authorize the issuance of interdepartmental debentures, whereby one department may issue debentures against a definitely allocated fund for the amount of revenue anticipated from that source for one year in advance, and discount this debenture with another department that may have funds it will not immediately need. Other states have and are successfully using this plan in meeting similar emergencies, and saving interest that would have to be paid private institutions on loans. It is especially important to have this debenture provision if we are to finance a repair and building program for our eleemosynary institutions over a period of time, rather than to undertake raising the money all at one time for that purpose. In the light of the fact that we do not want to levy additional burdens on our people after payment of the present appropriation bill 100%; it is best for us to undertake to finance the eleemosynary building program on an extended building basis. This building program must be financed. We cannot afford to run the hazard of epidemics breaking out among our insane people and other unfortunate charges. While this is not an operating expense, but is a capital investment expense, it cannot be neglected. Only by the debenture plan do I see a means of meeting the situation without levying a tremendous additional burden upon our people at one time. We can, by the debenture plan, anticipate the revenue twelve months in advance of whatever fund you allocate to this purpose, and let some department of the government, which has excess funds on hand, hold these debentures for twelve months until the anticipated revenue comes into 56 JouRNAL OF THE SENATE, the treasury. Meanwhile, we can carry on the building program so direly needed. I recommend this inter-departmental debenture plan be enacted as the fifth step in tax revision. EDUCATIONAL REVENUE MEASURES After completing the system of allocations down to the point of allocations for the educational appropriations, if the state ad valorem tax is retained, there will be a future annual deficit of approximately four million dollars necessary to be raised if we pay the appropriations to the common schools and the University System 100%. Some estimate this deficit at five million dollars; I estimate it at four million dollars. Of course, there are so many factors entering into estimates of revenue that a variation of a million dollars on a forty-four million dollar budget is quite possible. This fiscal year, however, we have a carry-over of approximately two million dollars from the short fiscal year we established ending last June 30th. Therefore, the deficit to pay the appropriations bill in full this year, in my opinion, will amount to only two million dollars. As in the case of future deficits, so as to this year, there are those who estimate that there will be three million dollars to raise instead of two million dollars to pay the appropriations bill in full. We can clarify the situation considerably if we remember that the beer and wine tax, as it now stands, will finance the free school book program and we can forget that item. Then, if we will raise the beer tax a bit and slightly revise the wine tax schedule, I believe we can take care of the additional item for the common schools to pay for teachers for these two hundred thousand extra children brought into school by the free school books. I recommend that you handle this in this manner, so that, with the beer and wine tax, we may take care of both the free school book problem and the needed extra money for these teachers. This will resolve the problem down to the question of raising two to three million dollars of revenue to pay the appropriation to educational institutions in full this year and four to five million dollars to pay the appropriations bill in full in the future years. MoNDAY, NovEMBER 22, 1937. 57 How you pay the appropriations to education depends upon whether or not you want to retain the present ad valorem system of taxation for state purposes. Dr. John W. Martin, a native Georgian and for years a resident of DeKalb County who helped write the new Kentucky Tax svstem for Governor Chandler and the General Assemblv of that state and who is at the present time Tax Commission~r of Kentucky, has been working with us on tax revision in this state, he has made me a preliminary report in which he tells me that revenue increases aggregating about $4,000,000 can be realized by administrative reorganization of the ad valorem tax system and by revision of certain special taxes. By this administrative reorganization he suggests placing of state tax collections under one management and effecting economy through civil service of employees. He likewise suggests revising assessments procedure; the providing of a uniform cooperation license tax rate schedule on an asset basis with the present_ minimum tax, and approximately the present rates; the revising of our inheritance tax and revising and adding some minor tax measures probably affecting non-essentials and luxuries. He likewise recommends reworking the chain store tax as a part of his estimate in raising this revenue. I think we would have to eliminate the chain store tax from consideration in this behalf if we want to use the funds from it as a basis of a building fund for the eleemosynary institutions. Unless we can get this bdlding fund from some other source, it seems desirable to use the chain store tax in whatever form you retain it, to furnish at least a temporary building fund for these institutions and let debentures be issued against the anticipated revenue from this source a year in advance, to obtain such funds as could be spared from other departments to enable us to meet the dire emergencies that exist. In other words Dr. Martin would retain the present State ad valorem levy, would revise the tax assessment machinery so as to bring property on the digest not now paying ad valorem tax, and secure more uniform assessment on property paying too little ad valorem tax, and a consolidation of the tax collection agencies of the State Government under a tax commissioner with the elimination of all possible duplications and 58 JouRNAL OF THE SENATE, econom1zmg at every possible point; this plus revenues of a special tax nature he says would finance the program. The tax committee appointed by the General Assembly recommends substantially the same procedure as its preference. There will be attached to this message the report of the legislative tax committee for your information. Should you decide to adopt this method of financing the educational program, I suggest that we call it for the sake of ready reference the "Martin Plan" and that you begin immediately to reorganize and revamp our present ad valorem laws and the enactment of these minor specific tax measures. It must be borne in mind that under the "Martin Plan" it would take a year or more for the effects of the consolidation and tightening up of the ad valorem machinery to bring in the added revenue he expects. This time element could be stepped up a bit if in the course of the reorganization of the ad valorem machinery and state tax collection agencies, provision is made for quarterly payments of the ad valorem tax instead of annual payments. This would also be a convenience in my opinion to the taxpayers generally. I suggest that if you adopt the "Martin Plan" of financing this part of the program that you provide these quarterly payments as a part of it. While it will take time for this plan to raise the additional four to five million dollars, the two million carry over from June 30th would probably enable us to make up the immediate difference, pending full benefits from his plan. The other method of financing the educational system suggested by Dr. Martin and others skilled in tax revision provides that we abandon the state ad valorem tax in toto, thus taking off an additional approximately $5,000,000 taxes and substituting in lieu of the state ad valorem and to make up the additional revenue needed, a gross income, a retail sales or a gross receipt tax that would raise approximately $11,000,000. The advantage of this alternative plan would be that the state would not be concerned with assessments of ad valorem property and this field of taxation would be left entirely with the local county, municipal and school governments to handle, and would enable a further reduction of ad valorem tax on real estate and chattels. The alternative plan would provide a "privilege" tax to reach the out-of-state owners of real estate. MoNDAY, NovEMBER 22, 1937. 59 I have always wanted to abandon the state ad valorem tax because of the difficulty involved in securing uniform assessments not only between the counties but the taxpayers in the county. I have always wanted to make real estate profitable as an investment because without real estate as an attractive investment, no people can be permanently prosperous because real estate is the basis of all the wealth there is in the world. However, I am willing to cooperate with the General Assembly in whichever of the two plans you adopt so long as sufficient money is raised to pay the present appropriation bill in full. I suggest that as early a time in the session as possible, at least by next week that we have a joint meeting of the ways and means committee of the House and the finance committee of the Senate and invite Dr. Martin and others who have been working on this matter to appear before the committee, and try to determine which of the two plans the Assembly wants to undertake. Then concentrate on that plan and discard the other plan; in other words let's decide early in the session whether or not we want to abandon the state ad valorem tax and go to some other field. With that question decided we can concentrate and accelerate the tax revision program. This step would be the sixth step in revising the tax program. The sixth step will involve the most difficult procedure and the other steps in the tax revision program should be enacted in advance of the sixth step. They will be necessary regardless of which of the two alternative methods we adopt in the sixth step. CIVIL SERVICE AND ECONOMY COMMISSION Whatever plan of tax revision we enact we should economize at every possible point both in the collection and in the administration of tax money. This economizing requires intelligent and skilled study. I have asked the State Planning Board to make a survey of all of the departments and institutions of the State Government with a view to recommending economies for us to put into effect. I would like for the Assembly to create a commission composed either of legislators or of legislators and citizens to work with the Planning Board in this behalf. I want to economize at every possible point where we do not sacrifice either efficiency or necessary governmental service to our people. I will go 100% with such a program of economy. 60 JouRNAL OF THE SENATE, I welcome every hit of constructive help from any quarter that will bring about more efficient and economical government. Let me again remind the Assembly that we cannot have either the economy or the efficiency in the State Government that we should have unless we have some form of Civil Service or merit system. The haphazard and strictly spoils system of patronage makes for extravagance and waste. I have talked to you so much about this in previous legislative conferences until I do not wish to burden you with a further repetition of it in this message. Suffice to say that I again recommend to you as a means of economizing and bringing efficiency into the government for the benefit of the three and one-quarter million people who can and never will hold state positions, but who have to pay the tax to support state employees, that we should have a merit system of employment of those who work for the State Government. LAST SESSION STOP-GAP MEASURES At the last session of the Assembly I told you that the revenue measures that we were enacting were stop-gap measures only; that we could not have tax revision until we first determined what tax the people wanted to take off by their voting on the exemption of homesteads and household and kitchen furniture; that could not be determined until the general election on June 8th, after the session adjourned. I told you we would have to have a special session devoted largely to tax revision in order to do a good job of it. I told you that I thought we had provided for raising approximately $18,000,000 of revenue on the basis of the measures enacted at the last session and considering the ad valorem system as it stood. I told you you could get the extra S2,000,000 in various ways, one of which was taxation of liquor. Since that time the people have voted down the liquor tax. ~either were these other minor measures, such as the "Dugas bills," passed to provide this $2,000,000. Therefore, we still need, in my judgment, this two million dollars; although some estimate the need at three million. However, I told you then, and I tell you now that I am not asking for any additional taxation beyond enough money to pay 100% the appropriation bill we passed. With the sole exception of paying the teachers MoNDAY, NovEMBER 22, 1937. 61 needed for these 200,000 extra children; and providing a reasonable amount of money to take care of the plight of the eleemosynary buildings. This last item we thought we had provided for with the chain store tax, however, the chain store tax has proven extremely disappointing in its revenue to date, as I have said. Hence this session is not an additional tax session. It is a tax revision session, and a session to pay 100% only the present appropriation bill. SPECIAL APPROPRIATION In passing the Chain Store Tax Bill at the last session, you allocated the funds to the eleemosynary institutions for repairs and buildings. You also allocated the forfeiture of the Dixie Cold Storage Company to the Radio Commission. Inadvertently the inclusion of these items in the appropriation bill was overlooked. It is necessary under the law in order to allocate funds to appropriate them. Therefore, it will be necessary to pass special appropriation bills to meet this technicality on these allocated funds. I also suggest that you allocate and appropriate the excess funds realized from the Contractors Board to the Radio Commission. The Radio Commission has been unable to function to any extent by reason of the fact that we could not have available these allocated funds because of the neglect to appropriate them. However, we have organized the commission, have made the preliminary step to get our commission recognized by the Federal Communications Commission and established our relationship with them. \Ve have also gone into the present contract status of present radio station WGST in a preliminary manner. The time is ripe, in my judgment, to press for an expansion of power of this station and make it a really great station. In order to do this funds must be available with which to make application, get up engineering data, secure representation and follow through on getting the expansion. I talked this matter over with you in pre-legislative conferences before the regular session, and I know you are fully cognizant of this station and the work of this 62 JouRNAL oF THE SENATE, commission. I am, therefore, recommending these special appropriation bills along this line. You will recall that the last administration left the Board of Control $300,000 in debt for which you passed a special appropriation bill and we have paid this debt up in full. You will also recall that a large indebtedness was left against the Agricultural Department and against the Military Department by the last administration. It may be necessary at this session to pass special appropriation bill to furnish authority for payment of the indebtedness against these two departments. There was likewise an indebtedness against the Game and Fish Department which the new Wildlife Division has assumed. This debt will be paid out of the revenue from the Game and Fish licenses and will not have to be covered by a special appropriation. Although the last administration left a surplus of funds in the treasury, it left more debts than it left funds on hand. This administration has paid a total $3,427,024.96 of debts left over by the last administration. This does not include indebtedness left against state funds in the Highway Department, nor does it include the indebtedness against the Agriculture Department, the Military Department or the Game and Fish Department. We have not been able to pay either the debts against the Agriculture Department or the Military Department as yet. We have made partial payments on the debts left against the Game and Fish Department. These two special appropriation bills with reference to these debts will lay the foundation for payment of these hang-over debts from the last administration. We also need a special appropriation for the money to pay these teachers of these 200,000 extra children. TATTNALL PRISON AND THE PENAL SYSTEM You set up a legislative committee to assist in taking over the Tattnall County Prison. This committee will make its report to you, and through its efforts in cooperating with the Prison Commission and the Federal Government, we have finally taken over this prison. In taking it over, it presents quite an administrative problem to the state. In my opinion, if the prison administration is separated from the parole system and placed under an administrative head responsible for its :MoNDAY, NovEMBER 22, 193i. 63 operation, with liberal provision for furnishing products of such industries as we can install there and the products of the farms there, to the various departments and institutions of the state, we can soon make the Tattnall Prison self-sustaining. Unless such an administrative setup is made, it will be necessary for you to pass an increased legislative appropriation for its operation. Our prison problem has been acute. It has caused me no end of worry. Our escape problem headlined the papers of the nation for weeks and only by arbitrary and extreme measures did we end it. The reputation the State has among its neighboring states is valuable just as the reputation a person has among the neighbors of the community in which he lives. As a result of unfavorable national publicity given Georgia chain gangs on the moving picture screen, in books, in the press and over the radio, Georgia has had a very unenviable reputation among our sister states about its prisons. Realizing this, when I was nominated Governor, I made a trip to Washington and asked the Prison Industries Board there to make a survey of the prison system of this State, and make recommendations to us as to what we could do to modernize our prison system, get away from the bad reputation that has been given us and secure more economical administration of our penal system. I found two native Georgians on this Board of five members. They gave me a very sympathetic hearing and finally authorized the survey. This survey has been completed and a copy of it will be attached to this message for your journals and for your information. I will have sufficient copies furnished the presiding officers of the House and Senate to give a copy to each member of the Assembly. This survey cost thousands of dollars paid for entirely by the Federal Government and contains much valuable information. I hope you will preserve the report. It will be fine for future reference in your library at home. Following this survey, I called a meeting of the Judges of the City, County and Superior Courts and the Solicitors of the City, County and Superior Courts of the State to discuss our prison problems with the legislative committees and federal authorities. From that state-wide meeting a sub-committee of Judges and Solicitors representing each congressional district 64 JouRNAL oF THE SENATE, was appointed to work with the legislative committee in drafting emergency prison and parole legislation. We realize that it is impossible to go into all of the ramifications of solving our prison problems in this extra session. There are, however, certain emergency measures that can, and should be passed to lay the foundation for a full and final prison program at the regular session in 1939. The legislative prison committee and the committee of Judges and Solicitors have drafted bills which I recommend to pass as emergency measures at this time. I am especially anxious to have the word "chain gang" abolished in our statutes, and in lieu thereof the word "public works camps" carried. This will enable us to advertise to' the world that we have abolished our chain gangs and get away from the burden carried by the name chain gang. The Tattnall Prison is such a tremendous institution until it will either run us into debt in its operation or become an asset to us in its operation. I believe the administrative measure proposed by your legislative committee on prisons will go a long ways toward making it an asset. The question of paroles and probations involves an opportunity for a tremendous saving both for money and in human values. The survey shows that 70% of those in prisons are first offenders. Under a proper system of supervision many of these first offenders could be paroled. It costs approximately $365.00 a year of the taxpayer's money to maintain a prisoner in the penitentiary. It costs only $40.00 per year of the taxpayer's money to supervise a prisoner serving his time on a parole. Every prisoner who is paroled is, therefore, an annual saving of $325.00 per year to the taxpayers. The reason there is a great hesitation on the part of conscientious officials to parole even first offenders, is because of lack of supervision of those under parole. With the Prison Commission undertaking to administer the penal system and the parole system, it is impossible for any Prison Commission to do a good job of either. Practically every state that has modernized its parole and penal system and put it on an economical basis, have separated the parole duties from the penal administrative duties. The present Prison Commission if given the right kind of parole law and authorized to main- MoNDAY, NovEMBER 22, 1937. 65 tain the right kind of parole supervision could administer a fine parole system that would save the taxpayers thousands and thousands of dollars annuallv and also rehabilitate thousands of young lives who are first offe~ders. As it is now, they do not have time to consider any cases except those that are pressed by the prisoners that are able to exert political influence and hire lawyers. The Prison Commission, if left to administer a parole system, could canvass the inmates in the penitentiary person by person and parole those who ought to be paroled, who are not able to hire a lawyer or to bring political pressure. They could likewise supervise these paroled prisoners in such manner as to prevent for most part their coming into court again. I hope that bills looking to this end as recommended in the report and in the legislative committee's deliberations may be given favorable consideration. With the Prison Commission actively administering a parole system and actively supervising paroles, the Judges of our courts could afford to probate more sentences with the assurance that the probationers would be properly supervised, and therefore, save in that manner thousands of dollars of the money of the taxpayers. I urge you to give favorable consideration to these emergency prison matters. OTHER ENABLING ACTS I recommend that you pass enabling acts to put into effect all of the constitutional amendments voted by the people on June 8th, 1937. CONCLUSION In preparing for this session of the General Assembly, I have held conferences with those members of the Assembly who could conveniently come and spend the day with me talking about the problems of the session. I appreciate the sacrifice made by the large majority of the members who came. I realize that providential hindrances kept many of yo~ from attending and I thank you for your letters and wires assuring me of your cooperation although you could not attend. I have conferred with our municipal authorities, county authorities, local taxing authorities, editors of our papers, business people and have talked to the people collectively over the State by radio in preparation for the session. I have done everything in my power to lay a 66 JouRNAL OF THE SENATE, cooperative foundation for this session of the Assembly. I stand ready to cooperate with you in every way possible to make it a success. The question of tax revision is not strictly a political matter, but it involves technical training and skill and business acumen. Every citizen should pay his just part of the tax burden and no more. No citizen should pay less than his just part of the tax burden. Every dollar necessary to carry on essential governmental services needed and wanted by the people should be raised. When raised it should be economically and efficiently administered. No tax money should be raised beyond that necessary for these purposes. No tax money should be spent extravagantly or wastefully. I want this session to accomplish this important end. I will come again before you at your pleasure with other messages if need be, but I have tried to cover in this message everything I think necessary, unless something further develops that I am not at the moment cognizant of. May God bless you in your efforts to help the people of this great State. E. D. RIVERS, Governor. This November 22, 1937. STATE DEPARTMENT OF PUBLIC WELFARE REPORT ON PUBLIC ASSISTANCE BENEFITS PAID AND ADMINISTRATIVE FUNDS November 20, 1937. GovERNOR E. D. RIVERS, State Capitol, Atlanta, Georgia. Dear Governor Rivers: Information as to benefits paid under the Public Assistance programs for the five months ending November 30, 1937, is presented in the attached Exhibits as listed below: Exhibit "A." Summary of Public Assistance Benefits Paid, July 1, 1937 to November 30, 1937. MoNDAY, ~OVEMBER 22, 1937. 67 Exhibit "B." Detail of Public Assistance Benefits Paid, Month of November. Information as to cost of administrative operations for the six months ending December 31, 1937, is presented in the attached Exhi hit as follows: Exhibit "C." Statement of Revenue Receipts and Expenditures, Administrative Account, July 1, 1937 to December 31, 1937. In Exhibit "C", reflecting cost of administrative operations, the figures for the period July 1, 1937 to October 31, 1937, represent actual receipts and expenditures. The figures for the months of November and December represent an estimate based upon normal operations. Your attention is directed to the cash deficit, as of October 31, 1937, amounting to $15,323.66, and the estimated cash deficit, as of December 31, 1937, amounting to $33,901.67. Revenue receipts for administration are running approximately $10,000.00 a month under necessary expenditures based upon normal operations under our present plari of operating the county departments, which represents reimbursement for salaries of only the County Directors. Respectfully yours, LAMAR MuRDAUGH, Director. EXHIBIT "A" STATE DEPARTMENT OF PUBLIC WELFARE SUMMARY OF PUBLIC ASSISTANCE BENEFITS PAID JULY 1, 1937 TO NOVEMBER 15, 1937 OLD AGE ASSISTANCE Month Amount JAuulgyu--s-t-__-_-_-_-_-_-_-_-_-_-_- $ September _________ October ____________ November_ _________ $ 57,368.19 94,124.17 126,500.62 165,507.41 197,656.53 641,156.92 Number of Recipients 5,144 8,796 12,231 16,401 19,996 Average Allowance $ 11.15 10.70 10.34 10.09 9.89 68 JouRNAL OF THE SENATE, BLIND ASSISTANCE Month July _______________ $ August____________ I September _________ October____________ 1 November----------1 1$ Amount 290.72 2, 710.50 4,728.00 6,788.50 8,289.50 22,807.22 Number of Recipients 21 211 370 543 679 Average I Allowance 13.84 1$ 12.84 12.78 I 12.50 12.21 DEPENDENT CHILDREN ASSISTANCE Month I :I Amount ::_Number oflI Average .Number of I Average i 1 I Children Allowance Cases Allowance -Ju-ly-__-___-__- ___,$ 8,581.21 !: 1,205 I_s 7.12 I' I 403 $ 21.29 August_______ 22,705.56 . 2,877 I 7.89 992 22.88 September__ __ 1 33,799.50 4,224 i 8.00 , 1,455 ! 23.23 October_______ 45,152.50 5,604 1 8.06 ~ 1,991 22.68 November_____ 57,125.00 7,136 8.01 2,542 22.47 $167,363.77 TOTAL ASSISTANCE Month I1 - Amount Number of 1 Average I_ Number of I Average Individuals Allowance , Cases Allowance i s _J__u_l_y____-__-_-___- 1-$-66-,240-.-12-:--6-.-37-o-/'$ 1o.40 5,568 _ 1L9o - August_______ 119,540.23 11,884 10.06 I 9,999 1, 11.95 September__ __ 165,028.12 October_______ 217,448.41 16,825 I 22,548 . 9.81 I 14,056 i 11.74 9.64 : 18,935 , 11.48 November_____ 263,071.03 27,811 1 9.46 23,217 11.33 1$831,327.91 I EXHIBIT "B" STATE DEPARTMENT OF PUBLIC WELFARE DETAIL OF PUBLIC ASSISTANCE BENEFITS PAID MONTH OF NOVEMBER, 1937 - COUNTY .... ~.a l9:e~~~ :z; OLD AGE 1 CD ~ CD ~ .... ~.a l9:e~~~ :z; BLIND ! -- CD ~ CD ~ ell I DEPENDENT .... CHILDRE...N CD .... ""=;aOCD ~~ .a C~D ~:a 9o ~~ ~~ :z; :z; 0 ~ 11< C~D:'taS C~D.:aa ~0 ell :z; ------ TOTAL ~ ~ ... CD 11< CD'tS ~~ ~ell ~ >a0z w'< Appling__________ Atkinson ________ Bacon ___________ Baker ____________ Baldwin _________ B a n k s ___________ Barrow ___________ Bartow ___________ Ben BilL ________ Berrien __________ B i b b _____________ Blackley _________ Brantley _________ Brooks ___________ B!7an____________ 32 80 48 56 95 165 167 301 141 94 503 118 60 75 70 369.00 724.00 $11.53 9.05 - -----3$-----2-6-.5--0 -----$ 8.83 460.00 580.00 9.58 10.36 - ---- 1 -----1-1-.0--0 -----11.00 571.50 6.01 8 50.00 6.25 1,053.00 6.38 1 13.50 13.50 1,337.50 2,718.00 8.01 9.30 - ---- 5 ----4--0-.0--0 -----8.00 1,316.00 9.33 8 74.50 9.31 1,040.00 11.02 5 56.50 11.30 5,033.50 10.01 10 108.50 10.85 1,005.00 8.52 2 18.00 9.00 585.00 9.75 2 24.00 12.00 714.50 561.00 9.53 8.01 -----12 ----9--8-.5--0 -----8.21 14 10 52 51 39 25 39 72 21 34 18 12 40 17 11 4$ 108.50 $ 7.75 2 69.50 6.95 14 394.00 7.58 15 314.00 6.16 36$ 85 62 72 477.50 $13.26 820.00 9.65 854.00 13.77 905.00 12.57 ~ < tr1 13 336.00 8.61 116 957.50 8.25 :::: 9 15 98.00 3.92 175 1,164.50 6.65 t:l:l 203.50 5.22 182 1,541.00 8.47 tr1 )';l 32 344.00 4.78 338 3,102.00 9.18 8 11 5 4 14 204.00 9.71 273.50 8.04 124.00 6.89 77.00 6.42 243.00 6.08 157 110 518 124 76 1,594.50 10.16 1,370.00 12.46 5,266.00 10.17 1,100.00 8.87 852.00 11.21 -I" J" :>:' 7 t"' 80 570.50 7.13 3 24.00 8.00 4 3 18.00 4.50 86 612.50 2 0 48 487.50 10.16 1 14.00 14.00 50 12 282.50 5.65 61 784.00 85 .., 228 1,714.00 7.52 4 52.00 13.00 155 64 707.00 4.56 297 2,473.00 3 >-l 208 1,625.00 7.81 4 38.00 9.50 34 12 155.50 4.57 224 1,818.50 2 :I: 71 89 56 745.00 1,034.50 617.00 10.49 11.62 11.02 ----------- 5 ------------6--2-.0--0 ----------12.40 180 1,623.50 9.02 6 61.00 10.17 5 14 27 35 3 5 9 11 60.50 12.10 74 805.50 149.50 10.68 94 1,184.00 180.00 6.67 70 859.00 288.50 8.24 197 1,973.00 88 tT1 60 en z 27 tT1 1 106 1,186.00 11.19 8 138.00 17.25 117 37 1,109.00 9.48 151 2,433.00 1~ 95 1,257.50 13.24 2 36.50 18.25 67 23 595.00 8.88 120 1,889.00 "4 tT1 183 824.00 4.50 3 16.50 5.50 80 28 234.50 2.93 214 1,075.00 23 ~ 70 680.00 9.71 3 53.00 17.67 63 25 485.50 7.71 98 1,218.50 3 144 1,442.50 10.02 4 57.50 14.37 11 3 121.00 11.00 151 1,621.00 3 115 724.00 6.29 3 24.00 8.00 24 7 99.00 4.13 125 847.00 8 98 33 55 68 1871 740.00 324.50 418.00 876.00 1,637.00 7.55 9.83 7.60 12.88 8.75 4 ----------- ------ 6 38.50 --------------------8--4-.5-0- __9__.6_2.. ----------14.08 125 21 4 45 155 46 825.50 6.04 148 7 178.00 8.47 . 40 1 12.00 3.00 56 15 453.50 10.08 83 58 1,231.00 7.94 251 1,604.00 502.50 430.00 1,329.50 2,952.50 84 6 8 .! 1961 2,254.50 11.50 ! 2204041 1,364.00 6.82 2,324.50 9.53 8 132.00 16.50 10 76.00 7.60 7 112.50 16.07 49 99 30 16 37 10 247.50 5.05 220 2,634.00 444.00 4.48 247 1,884.00 279.50 9.32 261 2,716.50 EXHIBIT "B" STATE DEPARTMENT OF PUBLIC WELFARE DETAIL OF PUBLIC ASSISTANCE BENEFITS PAID -- -- MONTH OF NOVEMBE~R~,~19~3~7============== COUN TY ....- - OLD AGE -- ~.a ,"Q'~:~; z .., =::s ~ ~ I .... - eI) I) I> ~ ~.a ~"'~:i z BLIND ~ ::s 0 8 ~ In "o"'.=, e ~~ I) I) I> ~ o z .... .~,..a.. ~! z - LDREN I) .... ~ ~ p.. I) , .a0 ... !:a g!O '~ ~~~~ z TOTAL ... I) .., p.. I) , ~ eg!~~ ~ ~ ~ 0z 0 Douglas_ Early ___ _ Echols __ _ Effingha ---------------a-_-_-__-_-_-_- Elbert_ __ ------- EEvmaannsu__e_l_--------------- Fannin_ -------- 108$ 72 16 130 122 138 68 149 897.50 $ 8.31 2$ 24.50 $12.25 844.00 11.72 2 21.50 10.75 236.00 14.75 1 19.50 19.50 1,004.50 1,244.50 7.73 ------ --------- ------ 10.20 2 56.00 28.00 1,791.50 12.98 11 167.50 15.23 518.50 7.62 1 10.00 10.00 1,356.50 9.10 1 9.00 9.00 34 20 4 31 47 95 35 39 13$ 5 3 I 259. 00$7.62 187. 50 9.37 62. 00 15.50 I 1231$ 1,181.00$ 9.60 79 1,053.00 13.33 20 317.50 15.87 :> v~ z 0 9 190. 50 6.14 139 1,195.00 8.60 <: 13 28 302. 50 6.44 580. 50 6.11 137 177 1,603.00 11.70 2,539.50 14.35 tTl ~ 11 204. 00 5.83 80 732.50 9.16 1:1:1 tTl 15 199. 50 5.12 165 1,565.00 9.48 :;.; Fayette_ Floyd ___ _ - - - - - - ----- ----- 67 323 Forsyth_ -------- 146 Franklin -------- 226 Fulton __ 1,590 Gilmer__ -------- 77 Glascock Glynn __ --------------- 50 156 758.00 11.31 1 11.50 11.50 4 2,778.00 8.60 8 86.50 10.81 60 1,045.50 7.16 4 30.00 7.50 22 1,825.50 8.08 4 43.00 10.75 16 26,033.50 16.37 82 1,543.00 18.82 1,134 800.50 445.50 10.40 8.91 -- ---1 -----1-5-.-0-0 -----15.00 20 13 1,706.00 10.94 29 383.00 13.21 37 2 56. 50 14.13 70 23 284. 50 4.74 354 8 98. 00 4.46 158 4 75. 00 4.69 234 390 13,999. 00 12.34 2,062 8 96. 50 4.83 85 5 76. 50 5.88 56 13 309. 50 8.36 198 826.00 11.80 3,149.00 8.89 1,173.50 7.43 1,943.50 8.31 41,575.50 20.16 897.00 10.55 537.00 9.59 2,398.50 12.11 -):-..) VJ:-.,) w~ -._] Gordon_ -------- 42 Grady __ Greene__ -------- -------- 72 96 465.50 685.00 11.08 9.51 -----4 --------- 41.00 -----10.25 3 23 736.00 7.67 1 10.00 10.00 7 1 18. 00 6.00 43 8 144. 50 6.28 84 2 68. 00 9.71 99 483.50 11.24 870.50 10.36 814.00 8.22 Gwinnet Habersh m--_-_-_-_-_-_- HalL __ _ -------- Hancock -------- Haralson -------- 193 1,556.50 8.03 114 985.50 8.64 262 2,456.501 9.37 110 910.00 8.27 1131 1,087.501 9.62 3 40.50 13.50 22 10 171. 00 7.77 206 1, 768.00 8.55 2 19.00 9.50 87 35 571. 50 6.57 151 1,576.00 10.44 3 5 5 34.50 11.50 145 35.00 7.00 14 70.50 14.10 65 55 1,024. 50 7.07 4 85. 00 6.07 19 458, 00 7.05 320 119 137 3,515.50 10.98 1,030.00 8.65 1,616.00 11.80 --._] STATE DEPARTMENT OF PUBLIC WELFARE DETAIL OF PUBLIC ASSISTANCE BENEFITS PAID MONTH OF NOVEMBER, 1937 EXHIBIT "B" -..) l'-' COUNTY OLD AGE .... ~~ 9"t~a IZi 1:1 5 ~ I .... Gl ! Gl 1>- ~~ .98<~~~ - 8 t"' 40 8 >rj 5 ....; 1 :z:: 6 tTl '4 rfl 6 9 83 ztTl .>...; 4 tTl 8 ~ 1 2 64 6 5 8 34 ;9 3 4 7 EXIUBIT "B" STATE DEPARTMENT OF PUBLIC WELFARE DETAIL OF PUBLIC ASSISTANCE BENEFITS PAID MONTH OF NOVEMBER, 1937 COUNTY ... OLD AGE ~~G~) ~:a z ~ J I ... e ~~ CD G~) ~:a G) ~z BLIND ~ J I I DEPENDENT cmLDREN e ... .. ... G) "CC~ ~~ .a ;a G~) ~:a !:a G) 9o ~~ ] ~~ "' '!:I e~ ~ Marion ___________ 94$ 763.00 $ 8.12 2$ 14.00 $ 7.00 13 4$ 83.00 $ 6.38 100$ 860.00 $ 8.60 .:~ McDuffie ________ 149 Mcintosh________ 41 MMielrleiwr _e_t_h_e_r_____________ 104 69 964.00 6.47 369.50 9.01 874.50 8.41 810.00 11.74 4 42.50 10.62 7 77.00 11.00 1 10.00 10.00 1 13.50 13.50 25 15 4 25 14 8 2 9 z 101.50 4.06 167 1,108.00 6.63 118.00 7.87 56 55.50 13.87 107 564.50 10.08 940.00 8.78 0 -<: 256.00 10.24 79 1,079.50 13.66 ttl MitchelL ________ Monroe. _________ 63 122 873.50 13.86 1,130.50 9.27 Montgomery _____ Morgan __________ Murray __________ 86 219 102 836.00 9.72 1,401.00 6.40 917.50 8.99 lduscogee ________ Newton __________ 116 143 1,506.00 12.98 1,476.50 10.33 3 25.00 8.33 11 108.50 9.86 7 88.00 12.57 5 30.00 6.00 4 44.00 11.00 11 156.00 14.18 3 27.50 9.17 20 20 18 16 29 90 25 7 6 9 7 13 32 9 214.50 10.72 73 1,113.00 15.25 ~ 158.00 7.90 127'.00 7.06 139 102 1,397.00 10.05 1,051.00 10.30 t:xl ttl ~ 55.00 3.44 231 1,486.00 6.43 180.00 6.21 861.00 9.57 119 159 1,141.50 9.59 2,523.00 15.87 1\.:1 ~~'-' 240.50 9.62 155 1,744.50 11.25 ...... Oconee __________ Oglethorpe ______ P a u l d i n g ________ 67 135 131 686.00 1,214.00 10.24 8.99 -----2 -----3-9-.5--0 -----19.75 1,109.50 8.47 4 39.00 9.75 5 14 56 1 4 22 "' 30.00 6.00 123.50 8.82 68 141 716.00 10.53 1,377.00 9.77 w -...] 354.50 6.33 157 1,503.00 9.57 PPiecakcehn_s______-_-_-__-_-_-_Pierce ____________ P i k e _____________ Polk _____________ P u l a s k i __________ 106 114 69 48 173 83 1,028.50 9.70 4 49.50 12.37 29 12 177.00 6.10 973.50 727.50 8.54 10.54 -----5 -----7-9-.0--0 -----15.80 52 67 15 26 204.00 3.92 735.00 10.97 357.00 1,656.50 7.44 9.57 -----5 -----6-0-.5--0 -----12.10 -----77 -----28 -----5-3-1-.0--0 -----6.90 862.50 10.39 5 56.50 11.30 22 6 178.00 8.09 122 129 100 48 206 94 1,255.00 10.29 1,177.50 9.13 1,541.50 15.42 357.00 7.44 2,248.00 10.91 1,097.00 11.67 Putnam_________ 93 Quitman ________ 43 893.00 321.50 9.60 7.48 -----2 -----1-3-.5--0 ------ 6.75 11 19 4 78.00 7.09 97 7 107.00 5.63 52 971.00 10.01 442.00 8.50 Rabun _________ -- 56 688.50 12.29 ------ --------- ------ 25 4 99.50 3.98 60 788.00 13.13 -...] w EXHIBIT "B" ~ STATE DEPARTMENT OF PUBLIC WELFARE DETAIL OF PUBLIC ASSISTANCE BENEFITS PAID MONTH OF NOVEMBER, 1937 OLD AGE BLIND I DEPENDENT CHILDREN TOTAL M ~ COUNTY 'a~~ ~ ~G=<) ~;~..~. .z 1=1 sg .ilj G) be !! te Richmond_______ 423 4,396.50 10.39 23 215.50 9.37 278 101 2,878.00 10.35 547 7,490.00 13.69 r Rockdale________ 111 Schley___________ 80 843.00 7.59 ______ _________ ____ 8 2 54.00 6.75 113 524.00 6.55 2 17.00 8.50 22 11 102.00 4.64 93 897.00 7.94 643.00 6.91 0 >oj Screven__________ 126 1,048.00 8.32 4 38.00 9.50 6 3 60.00 10.00 133 1,146.00 8.62 ..., Seminole________ 54 537.00 9.94 ______ _________ ______ 6 3 68.50 11.42 57 605.50 10.62 :r: Spalding________ 205 2,652.50 12.94 9 179.00 19.89 4 3 61.50 15.38 217 2,893.00 13.33 tTl Stephens________ 133 1,226.00 9.22 ______ _________ ____ Stewart__________ 107 1,126.00 10.52 1 8.50 8.50 Sumter__________ 95 847.50 8.92 3 32.00 10.67 Talbot___________ 78 645.00 8.27 2 16.00 8.00 51 21 30 9 13 7 41 1 210.00 4.12 213.50 7.12 127.00 9.77 154 117 105 1,436.00 9.32 1,348.00 11.52 1,006.50 9.59 U'l tzTl 46.50 11.63 81 707.50 8.73 >..., Taliaferro________ 65 469.50 7.22 ______ --------- ______ 41 1 20.00 5.00 66 489.50 7.42 tTl Tattnall_________ 161 1,431.50 8.89 9 80.00 8.89 64 21 381.00 5.95 191 1,892.50 9.91 ~ Taylor___________ 79 525.00 6.65 3 27.50 9.17 13 3 52.50 4.04 85 605.00 7.12 Telfair___________ 52 475.78 9.15 4 62.50 15.62 32 9 226.50 7.08 65 764.78 11.77 TerrelL_________ 146 1,381.00 9.46 7 67.50 9.64 28 8 183.50 6.55 161 1,632.00 10.14 Thomas__________ 98 1,071.00 10.93 ______ _________ ______ 26 11 351.50 13.52 109 1,422.50 13.05 Tift______________ 76 994.50 13.09 ______ --------- ------ 43 13 490.00 11.39 89 1,484.50 16.68 Toombs__________ 118 1,098.50 9.31 7 56.50 8.07 128 53 775.00 6.05 178 1,930.00 10.84 Towns___________ 53 327.50 6.18 2 12.00 6.00 38 17 118.50 3.12 72 458.00 6.36 Treutlen_________ 64 445.00 6.95 2 12.00 6.00 35 9 210.00 6.00 75 667.00 8.89 Troup___________ 219 2,846.00 12.99 10 158.50 15.85 90 28 756.50 8.41 257 3,761.00 14.63 Turner__________ 112 905.50 8.08 5 43.50 8.70 73 27 369.00 5.05 144 1,318.00 9.15 Twiggs_____________ 53 424.00 8.00 1 8.00 8.00 ____________ ---------- ______ 54 432.00 8.00 EXHIBIT "B" STATE DEPARTMENT OF PUBLIC WELFARE DETAIL OF PUBLIC ASSISTANCE BENEFITS PAID --------- MONTH OF NOVEMBER, 1937 --- COUNTY OLD AGE .... .~~84~111 :z; .. ! I BLIND .. CD "0 ~ ~ i! ~ :z; 0 ~ CD ~ CD 0"11" I I DEPENDENT CHILDREN .. ..O..C=D .81 .~c~;~0a .... ~~ 1~CD:; CD .... :o~ ~CD:oag ~~ ~Oil ! :z; :z; 011 :z; TOTAL . =::s ! .. CD ~ CDOC ~~ :411 011 Union ___________ U p s o n ___________ Walker ___________ Walton ___________ Ware _____________ Warren ___________ 77$ 89 653.00 932.50 $ 8.48 10.48 ------ 4 $-----3-8-.0--0 -----$ 9.50 16 222.50 13.91 1 9.00 9.00 257 2,437.00 9.48 7 64.00 9.14 70 783.00 11.19 6 61.50 10.25 136 1,040.50 7.65 5 43.50 8.70 12 31 6 22 51 14 5$ 69.00 $ 5.75 82$ 722.00 $ 8.8 11 322.00 10.39 104 1,292.50 12.4 3 51.00 8.50 20 282.50 14.1 6 93.00 4.23 270 2,594.00 9.6 18 566.00 11.10 94 1,410.50 15.0 6 88.00 6.29 147 1,172.00 7.9 Washington ______ Wayne ___________ Webster __________ 72 95 73 538.00 7.47 929.00 9.78 554.50 7.59 4 33.00 8.25 49 16 237.50 4.85 92 808.50 8.7 9 113.50 12.61 84 31 525.00 6.25 135 1,567.50 11.6 2 11.00 5.50 4 1 20.00 5.00 76 585.50 7.7' ~ 0z 0 .> ....:: z 0 <: t>l ~ t:ll t>l :>::' ~ Wheeler_________ White ____________ Whitfield ________ Wilcox ___________ Wilkes ___________ 97 106 113 85 163 839.50 8.65 3 26.00 8.67 632.00 1,166.50 5.96 10.32 -- ---5 -----5-8-.5--0 -----11.70 852.50 10.03 6 49.00 8.17 1,030.00 6.32 7 45.00 6.43 22 58 67 15 18 10 16 24 4 9 123.50 5.61 110 989.00 8.9 --~ 122.00 2.10 6.14 9.16 122 142 754.00 6.18 1,839.00 12.95 ...... eo ""' 75.50 5.03 82.00 4.56 95 179 977.00 10.28 1,157.00 6.46 -...] Wilkinson ________ Worth ____________ 94 53 901.50 9.59 577.00 10.89 1 9.00 9.00 41 13 383.00 9.34 108 1,293.50 11.98 1 16.00 16.00 -- - -39 11 399.00 10.23 65 -- 992.00 15.26 TotaL _____ 19,996 $197,656.53 $ 9.89 679 $8,289.50 $12.21 7,136 2,542 $57,125.00 $ 8.01 23,217 $263,071.03 $11.33 - - ---- -------- -...] C)1 EXHIBIT "C" ...._1 0': STATE DEPARTMENT OF PUBLIC WELFARE STATEMENT OF REVENUE RECEIPTS AND EXPENDITURES ADMINISTRATIVE ACCOUNT JULY 1, 1937 TO OCTOBER 31, 1937 ACTUAL NOVEMBER AND DECEMBER 1937 ESTIMATED OPERATING BUDGET --- -------- ---- ------- -- - -- -- ESTIMATED BUDGET Tota.l ._ July ------ August Septembei October Total November December - - - - - - - -~--- c0 CASH BAL NCE, JULY 1, 1937. $ 4,987.94 $ 4,987.94 $ 4,987.94 REVENUE .ECEIPTS State Trea mrer, Prior Year Bal- ance ___ _ State Trea :-u-r-e-r-, -A- -p-p-r-o-p- -ri-a-t-i-o-n-_- 40 ' 000 .00 $ 2,000.00 36,056.19 $41,473.81 $25,540.80 42,000.00 42 '000. 00 103,070.80 $25,540.87 $24,388.33 153,000.00 State Trea :urer, Conf. Vet. Ap- propriat )ll ___________________ 723.36 510.00 1,233.36 510.00 510.00 2,253.36 Miscellane us Income ___________ 30.60 30.60 30.60 Federal Fu nds for Administra- z:: 0 >oj ...., :X: t"l tion____ _ --------------------- 1,841.46 3,420.86 7,000.94 6,904.03 19,167.29 7,250.00 7,500.00 33,917.29 \fl t"l Total vailable _____________ ~~~~~_.40 ~~~~~05 $49,228.71 $32,954.83 $170,489.99 $33,301.87 $32,398.33 $236,189.19 z >...., EXPENDIT RES t"l ~ PersonalS !rvices _______________ $14,644.53 $14,868.20 $15,822.86 $16,217.62 $ 61,553.21 $16,500.00 $16,500.00 $ 94,553.21 Travel Exp lOSe ______ -- ___ ------ 854.89 2,435.32 2,301.64 1,971. 60 7,563.45 2,500.00 2,500.00 12,563.45 Supplies a ld Materials _________ 47.37 2,463.44 831.41 1,272.14 4,614.36 1,250.00 1,250.00 7,114.36 Communic Ltion Services________ 993.67 1,466.28 1,010.42 1,160.58 4,630.95 1,250.00 1, 250.00 7, 130.95 Rents ____ _ --------------------- 5.00 1,149.46 1,096.31 1' 121.81 3,372.58 1,150.00 1' 150.00 5,672.58 Stamping 'rinting,Binding,etc. 202.46 9,405.01 3,574.16 6,480.68 19,662.31 1,600.00 1,600.00 22,862.31 Insurance md Bonding ________ 1,232.50 362.00 1,594.50 150.00 150.00 1,894. 50 Miscellane us Payments _______ 57.29 131.41 31.02 16.50 236.22 100.00 100.00 436.22 Equipmen Purchases _________ 45.64 1,059.22 167.67 1,118.27 2,390.80 1,000.00 1,000.00 4,390.80 Total A-~f!l!!_li_s_trati~-=-c_: c~-=- $_16_,~0. 8~~!.2__1G_._84~~5, 197.49 ~9_._?59:.0 $105, 6!_8. 38 $25,500.00 $25,500.00 $156,618.38 STATE DEPARTMENT OF PUBLIC WELFARE STATEMENT OF REVENUE RECEIPTS AND EXPENDITURES ADMINISTRATIVE ACCOUNT JULY 1, 1937 TO OCTOBER 31, 1937 ACTUAL NOVEMBER AND DECEMBER 1937 ESTIMATED OPERATING BUDGET ~-- EXHIBIT "C" ESTIMATED BUDGET July August September October Total November December Total ~ Expenditures-~Cont' Grants to Counties 'or Adminis- 0z 0 tration-Director Salaries~ ~ ~ ---------- 12,278.19 16,273.59 15,920.70 44,472.48 16,750.00 16,750.00 77,972.48 > ~~ z Total Expendit res~~~~~~~~~ $16,850.85 $46,489.03 $41,471.08 $45,279.90 $150,090.86 $42,250.00 !__~~0.00 $234,590.86 CASH DEFICIT, OC 'OBER 31, 1937 Cash Balance_~~~~~ -----------Less: Accounts Payable ~ndEncumbrances 0 <: $ 20,399.13 ...t'rl ""t:Jl t'rl ?:' Extraordinary Equipment and Supplies ------------ Miscellaneous P uchases ~ _~ ~ Cash Deficit October 31, $34,608.64 1,114.15 35,722.79 -h:) ~h:) ewr> ..._] 1937__~~ ~ ~ ~ ~ ESTIMATED CASH ,-E--F-I-C--I-T-,--- $-- 15,323.66 DECEMBER 31, 137 Estimated Cash Bal __ .nee~~~ ~_~ $ 1,598.33 Less: Estimated Accou tts Payable and Encumbran Jes~~~~-~~~~ $ 35,500.00 ----- Estimated C sh Deficit, December 3 1937~~~-~~~ ------ ------- $ 33,901.67 ..._] ...._] 78 JouRNAL OF THE SENATE, STATE DEPARTMENT OF EDUCATION SUMMARY SHEET . NUMBER AND COST OF TEXTBOOKS November 1 1937 CLASSIFICATION No. Books COST Retail I Purchase Savings Price Elementary Books (New) 3,134,819 $ 1,761,953.92 $1,005,161.362$ 756,792.558 Hi(gNhewS)c_h_o__o_l_B__o_o_k__s_____ 652,428 958,255.87 537,391.73 420,864.14 1rotal_______________ 3,787,247$ 2,720,209.79 $1,542,553.092 $1,177,656.698 Elementary and High School Books (Used) ______ 450,816.74 Grand 1rotal_________________________________ $1,993,369.832 NUMBER AND COST OF ELEMENTARY TEXTBOOKS November 1, 1937 GRADE Number of Books COST I I Retail I PuPrrcihcaese Savings F1rst __________________ Second ________________ 1rbdrd _________________ Fourth ________________ F 1 f t h __________________ Sixth__________________ Seventh _______________ Dictionaries ___________ 577,016$ 371,427 460,149 505,583 427,155 327,755 397,271 68,463 203,122.31$ 155,995.15 201,122.48 253,749.25 280,426.21 245,658.22 339,724.70 82,155.60 120,816.166$ 91,626.248 117. 881. 268 145,016.24 158,132.906 129,756.432 181,315.402 60,616.70 82,306.144 64,368.902 83,241.212 108,733.01 122,293.304 115. 901. 788 158,409.298 21,538.90 Total _______________ 3,134,819$ 1,761,953.92 $1,005,161.362$ 756,792.558 NUMBER AND COST OF mGH SCHOOL TEXTBOOKS November 1, 1937 COST SUBJECT Number of Books Retail Purchase Price Savings M a t h e m a t i c s ___________ Social Science_________ Natural Science _______ Vocational Guidance __ Spelling_______________ ~sh _______________ I J t e r a t u r e _____________ Foreign Languages ____ Health _____ ------- ____ Vocational Agriculture V oEccaotni oonmailcHs _o_m__e_______ Commercial Subjects__ T o t a l _______________ 70,739$ 80,922 50,122 29,346 70,984 70,164 75,786 31,817 52,841 22,728 50,595 46,384 652,428$ 79,717.79$ 191,092.60 83,185.56 47,915.08 38,336.64 88,572.16 143,417.62 60,312.80 39,960.61 46,282.08 46,715.44 $ 98,750.95 53,872.85 25,428.80 21,003.69 34,303.90 78,333.74 32,520.65 25,843.38 27,644.90 33,002.35 92,341.65 29,312.71 22,486.28 17,332.95 54,268.26 65,083.88 27,792.15 14,117.23 18,637.18 80,853.53 55,263.49 58,609.40 37.709.94 25,590.04 20,899.46 958,255.87$ 537,391.73 $ 420,864.14 MoNDAY, NovEMBER 22, 1937. 79 ALLOTMENT OF STATE COMMON SCHOOL FUND UNDER PROVISIONS OF THE SEVEN MONTHS' SCHOOL LAW State Allotment for Administrative Teachers' Cost Salaries Appling ____________________________________ $ lBaxley __________________________________ _ Atkinson__________________________________ _ lBacon _____________________________________ _ lBaker _____________________________________ _ JBald~n ___________________________________ _ lBanks _____________________________________ _ JBarrow ____________________________________ _ VVinder __________________________________ _ lBartow ____________________________________ _ Adairsville.. _____________________________ _ Cartersville______________________________ _ lBenHill___________________________________ _ Fitzgerald_______________________________ _ lBerrien ___________________________________ _ lBibb ______________________________________ _ In 46,917.00 7,087.50 27,125.00 27,699.00 24,377.50 52,622.50 40,267.50 32,287.50 11,217.50 53,287.50 1,470.00 13,930.00 22,942.50 20,755.00 55,230.00 process of $ 5,723.00 None 2,407.00 1,823.00 1,040.00 None 5,938.50 2,118.50 None None None None None None 4,036.00 adjustment l BCl eocckhlreaYn _-_-_- -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- _- -_-_-_-_-_-_-_-_-_-_-_- -_ lBrantley__________________________________ _ lBrooks ____________________________________ _ 25,515.00 6,387.50 32,322.50 58,047.50 1,495.00 None 2,019.00 3,218.00 lBrQyaunit_m__a_n______________________________________-_-_-_-_-_-_-_-_-_-_-_-_-_--_ lBulloch___________________________________ _ Statesboro______________________________ _ lBurke_____________________________________ _ JButts _____________________________________ _ Jackson_________________________________ _ Calhoun__________________________________ _ Camden___________________________________ _ Candler ___________________________________ _ Carroll____________________________________ _ Carrollton_______________________________ _ Catoosa ___________________________________ _ Charlton__________________________________ _ Chatham__________________________________ _ In 10,185.00 21,350.00 75,827.50 12,180.00 67,231.50 20,015.00 4, 795.00 35,927.50 24,500.00 33,775.00 80,447.50 13,772.50 26,565.00 21,910.00 process of None None 9,249.83 None None None None 1,011.00 None 2,764.33 2,282.00 I None I None None adjustment Chattahoochee____________________________ _ Chattooga_________________________________ _ 1)ion___________________________________ _ 17,937.50 42,910.00 14,000.00 2,122.00 1,089.00 None Cherokee. ____ .. _. _______ . _______ . __ ._. __ . __ Canton________________ . _______ . _____ . ___ _ Clarke_____________________________________ _ Athens __________________________________ _ Clay_______________________________________ _ Clayton ___________________________________ _ Clinch ____________________________________ _ Cobb______________________________________ _ !darietta_________________________________ _ Coffee _____________________________________ _ 1Jouglas _________________________________ _ 62,020.00 8,610.00 22,592.50 47,040.00 20,405.00 32,847.50 25,130.00 84,805.00 22,417.50 50,960.00 12,845.00 1,750.00 None None None 1,032.00 None None None None 2,160.00 None 80 JouRNAL OF THE SENATE, ALLOTMENT OF STATE COMMON SCHOOL FUND UNDER PROVISIONS OF THE SEVEN MONTHS' SCHOOL LAW State Allotment for Administrative Teachers' Cost Salaries Colquitt____________________________________ S s 81,077.50 lId>ooueUr~tr-t-e-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__- l 1,645.00 24,640.00 gC~o~~nert ra ~~_-_~_~_~_~__~_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=_=__=_=_= l ~e~n __________________________________ l Senoia __________________________________ _ a~son ______________________________________________________________________ __ Bainbridge ______________________________ _ I>elralb ___________________________________ _ Decatur _________________________________ _ 25,882.50 21,385.00 17,342.50 16,625.00 72,572.50 18,042.50 119,717.50 33,740.00 ~~"':{{((~::~~~~~=~~=~==~~=~~~~~:~:~~:! I>~~~:~~==============================i 3,150.00 64,662.50 8,540.00 56,910.00 5,022.50 21,402.50 43,715.00 33,705.00 ~~~;:~~~~===============================' Elbert______________________________________ ! Elberton _____________________ - __ -- _____ -~ EmanueL _________________________________ _ Evans _____________________________________ _ 49,122.50 7,350.00 9,117.50 34,037.50 46,287.50 15,207.50 82,652.50 25,865.00 FallncnCian.y__sv__il_l_e______________-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_--_ Fayette____________________________________ _ Floyd ______________________________________ _ !tome____________________________________ _ Forsyth___________________________________ _ Franklin__________________________________ _ FuUton ____________________________________ _ Atlanta__________________________________ _ rofessionaL _______________________ 35 0. 7 ===== -I Proprietors, Managers, Officials, Etc. : I Merchants________________________ -- ____ ------ 5 Total JE>roprietors, Managers, etc. ________ __1---5=--I----0-.1-- SkAiluletod MWeocrhkaernsic: s ______________________________ _ BlacksiDiths__________________________________ _ Brick Masons __________________________________ Cabinet Makers ______________________________ _ 54 24 11 36 Carpenters___________________________________ -~1 40 Electricians __________________________________ _ Engineers ____________________________________ _ Firemen_______________________________________ Jewelers _______________________________________ ! 18 4 18 1 Machinists and Mechanics_____________________ I 57 Moulders _______________ -------------_-_------ -1 7 ~fa~t~e::rs= !'lumbers__=_=_=_=_=_=_=_=_=_=_=_:_=_=_=_=_=_=__=_=_=_=_=_:_=_=_=_:_=_=_=_=_=_=_==_i JE>olicemen ____________________________________ _ JE>rinters ______________________________________ _ Shoemakers __________________________________ _ 41 13 8 2 5 13 Tailors _______________________________________ _ 9 Total Skilled Workers _____________________ i 361 1As of December 31, 1936. 102 JouRNAL OF THE SENATE, TABLE 3.-GEoRGIA FELONY PRISONERS: BY OccuPATIO:-.:CLAIMED1 (Concluded) Occupation Claimed Semi-Skilled Workers in Manufacturing and Mechanical Industries: lBakers________________________________________ Mill Operatives _________ :______________________ Number 9 71 Total Semi-Skilled Workers in Manufactur- ing and Mechanical Industries _________ _ 80 Semi-Skilled Workers in Non-Manufacturing and Non-Mechanical Industries: lBarbers_______________________________________ 18 lBrakemen__ ____ __ _______ _______ ____________ ___ 6 lButchers______________________________________ 7 Cooks_________________________________________ 134 I>istillers______________________________________ 13 llousekeepers_________________________________ 26 Icemakers_____________________________________ 4 Motor Vehicle I>rivers___ _______________________ 104 Pressing-Club Operators_______________________ 21 Soldiers_______________________________________ 5 Stevedors_____________________________________ 5 Total Semi-Skilled Workers in Non-Manufacturing and Non-Mechanical Industries 343 Unskilled Workers (Servants): lBellboys___ ____________________________________ 54 I>elivery JBoys____ ______________________________ 126 Porters________________________________________ 38 Waiters________________________________________ 32 Total Unskilled Workers (Servants)_______ _ Unskilled Workers (Laborers): Public Works Laborers________________________ Railroad llands _______________________________ Other_________________________________________ 250 713 19 1,461 Total Unskilled Workers (Laborers)________ Vagrants ________________________ _ 1As of ])ecember 31, 1936. 2,195 75 Percent 1.7 7.4 5.4 47.1 1.6 ABOUT ONE-FOURTH OF GEORGIA's FELONY PRISONERS ARE COMPLETELY ILLITERATE. We cannot very well visualize the handicaps of complete illiteracy. One-third of the Negroes and one-fourth .of the whites in the Georgia penal system are unable to read the ':help wanted" column in a newspaper when they MoNDAY, NovEMBER 22, 1937. 103 need jobs. These men are unable to keep any sort of record of their earnings or their expenses. They cannot read street or road signs or house numbers in order to find their way. Written instructions from their employers are meaningless to them. They cannot even sign a receipt for goods and check it against the articles delivered. They are unable to improve their economic status and cannot even maintain contact with their relatives and friends if they become separated from them. In short, their lack of elementary education is almost equivalent to a physical infirmity in impeding personal progress. TABLE 4.-GEORGIA FELONY PRISONERS: CLASSIFIED BY LITERACY AND RAcE 1 Degree of Literacy Number Race Percent I Total f White [ Negro Total White Total________________ 4,653 1,102 ! 3,551 100.0 23.7 Read and wrtte ___________ Read only____________ ~ ___ Illiterate _________________ 1 3,181 225 1,247 ! 819 44 239 I 2,3168121 68.3 4.9 I 17.6 1.0 1,008 26.8 3.1 Negro 76.3 50.7 3.9 21.7 1As of December 31, 1936. MosT OF GEORGIA's FELONS ARE SERVING THEIR FIRST TERM IN THE STATE PENAL SYSTEM. The majority of prisoners in the penal system are getting their first experience in Georgia's prisons. This does not mean that some of these prisoners have not previously been confined elsewhere, since the Georgia penal authorities make no concerted effort to acquire information from outside the state regarding a prisoner's history. Nevertheless, we may assume that a large number, at least, are not hardened repeaters. While no attempt has been made to correlate previous record with age, we believe it safe to assume that a large number of the young men and boys now serving sentences are confined for the first time. These are the most hopeful cases, and many of them can be rehabilitated under a proper system of treatment. 104 JouRNAL oF THE SENATE, TABLE 5.-GEORGIA FELONY PRISONERS: CLASSIFIED BY PREVIOUS RECORD 1 PreVious Terms Served Number Total___________________________________ _ ]rone_______________________________________ _ ! __________________________________________ _ 32_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 4------------------------------------------- 5 __________________________________________ _ 6 __________________________________________ _ s7_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ g __________________________________________ _ IAs of December 31, 1936. 4,&63 3,278 969 262 90 30 7 7 2 7 1 Percent 100.0 70.4 20.8 5.6 1.9 .6 .2 .2 .05 .2 .05 IMPRISONMENT DOES NOT REMOVE MEN PERMANENTLY FROM sociETY. A prison sentence does not permanently dispose of the criminal, for even life sentences may be commuted, and an examination of the terms of convicts now in the penal system shows that a large portion of these prisoners will be released within a few years. The Georgia law requires the jury to prescribe a maximum and minimum term within the limits fixed by statute for all felonies not punishable by life imprisonment, but it provides that former offenders are to be sentenced for a definite term of imprisonment for the maximum time as set by the minimum-maximum law less good time. Yet the few years of confinement may so influence a man that his life becomes a vicious circle in which he commits a crime, is arrested and confined, only to return to society and commit another crime for which he is arrested and confined again. The Georgia penal system would serve the citizens of the state best if it was designed to prevent this by attempting to rehabilitate the inmates during their first imprisonment. MoNDAY, NovEMBER 22, 1937. 105 TABLE 6.-GEORGIA FELONY PRISONERS 1 BY LENGTH OF DEFINITE SENTENCE Definite Sentence Total ____________________________________ Inapplicable (Indeterminate sentences)__ - Total With def1mte sentences -----------1 1 year and less than 2- ____________________ _ 32_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 4------------------------------------------- Total less than 5 years __ "---- _________ _ 5years ____________________________________ _ 67_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 98_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ Total, 5 years and less than 10________ _ 10years ___________________________________ _ 11 _________________________________________ _ 12 _________________________________________ _ 13 _________________________________________ _ 14 _________________________________________ _ Number 4,653 2,744 1,909 214 213 104 84 615 106 9 10 11 11 147 103 5 11 3 6 Percent 100.0 69.0 100.0 11.2 11.2 5.4 4.4 32.2 5.5 .5 .5 .6 .6 7.7 5.4 0.3 .6 .2 .3 Total, 10 years and less than 15______ ---l===~1;;28~=ol====6~-~8== 15years____________________________________ 28 1.5 16__________________________________________ 4 .2 17__________________________________________ 1 .05 18__________________________________________ 2 .1 19__________________________________________ 9 .45 Total, 15 years and less than 20 ___ ____ _ 44 20years____________________________________ 192 21__________________________________________ ---------------- 2232_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- -----------2----- 24__________________________________________ 3 2.3 10.05 .0 ..10 .15 Total 20 years and less than 25 ___ ____ _ 197 10.3 25 years and less than life_____________ _ 16 .8 Life________________________________________ , 762 39.9 1As of December 31, 1936. 106 JouRNAL oF THE SENATE, TABLE 7.-GEORGIA FELONY PRISONERS 1 BY LENGTH OF MINIMUM SENTENCE Minimum Sentence i Number Percent ! _ _ _ _ _ _ _ _ _ _ __ Total __________________________________ I 4,663 100.0 Inapplicable (Definite Sentences) __________ -I 1,909 41.0 Total with Indeterminate Sentences__ i 1 Year and Less Than 2___________________ _ 23_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 4------------------------------------------- 2,744 310 592 486 275 100.0 11.3 21.6 17.7 10.0 Total Less Than 5 Years_________________ 1,663 60.6 10 Years____________________________________ , 242 8.8 11------------------------------------------ .0 1132_-_-_-_-_-_-_-_-_~_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 49 1..08 14__________________________________________ .0 Total, 10 Years and Less than 15 _______ _ 291 10.6 15Years. __________________________________ _ 16 _________________________________________ _ 17 _________________________________________ _ 18 _________________________________________ _ 19 _________________________________________ _ 78 1 6 31 2.9 .0 .2 1.2 .0 Total, 15 Years and Less Than 20________ 1 116 4.3 lAs of December 31, 1936. MoNDAY, NovEMBER 22, 1937. 107 TABLE 8.-GEORGIA FELONY PRISONERS 1 BY LENGTH OF MAXIMUM SENTENCE _ _ _ _ _ _ _ 1 Total__:~=-~~~~~~~~ P_e_~_c l__N_um__'_:_er____ _:_n_t__ 4 63 Inapplicable (Definite Sentences) __________ -I 1, 909 41.0 Total with Indeterminate Sentences_ -I 2, 744 100.0 More Than 1 Year and Less Than 2_________ 9 0.3 2Years_____________________________________ 127 4.6 3------------------------------------------- 251 9.2 4------------------------------------------- 289 10.5 Total, Less Than 5 Years_______________ _ 676 24.6 ~-~~~:~~====================================! 87_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 630 117 184 79 23.0 4.2 6.7 2.9 9------------------------------------------- Total, 5 Years and Les10 Than 10________ _ 1,010 36.8 10Years___________________________________ _ 11 _________________________________________ _ 513 18.7 12 _________________________________________ _ 13 _________________________________________ _ 79 2.9 14 _________________________________________ _ ------------------,-------1------- Total, 10 Years and Less Than 15 ______ i 592 21.6 15 Years___________________________________ _ 16 _________________________________________ _ 17 _________________________________________ _ 198 4 7.2 0.1 18 _________________________________________ _ 19 _________________________________________ _ 2 5 0.1 0.2 Total, 15 Years and Less Than 20_______ _ 209 7.6 20Years____________________________________ l 257 9.4 1As of December 31, 1936. CouNTY RoAD CAMPS There are 159 counties in Georgia, and of this number 125 were maintaining convict road camps in March, 1937, when our representatives visited the state to obtain information for this report. The Prison Commission, in its biennial report for 1935-36, lists 115 county camps which housed 3,308 male felony prisoners and 2,632 male misdemeanant prisoners as of December 31, 1936. The total male felon population of the state as of that date was 4,434, so about three-fourths of these prisoners 108 JouRNAL OF THE SENATE, were employed and housed in county camps. Although the Prison Commission appoints personnel and establishes rules and regulations for the county camps, it cannot as a practical matter compel enforcement, and the real control and management are vested in the individual counties. Hence there is a great variance in standards, ranging from excellent, modern camps to those which are so poor in construction and in treatment of inmates that in the interests of decency and humanity they should be abandoned. The only common motive which can be found for the management of these county camps is that under Georgia's present system they must all attempt to make a profit from the labor of the prisoners confined in them if they wish to avoid increasing local taxes. Each county is attempting to care for its misdemeanants, and for such felons as it requisitions from the Prison Commission out of funds paid to it by the State Highway Board for the construction of roads. This remains its only form of reimbursement unless by a vigorous policy of arrests it can obtain a surplus of convicts which it can then lease to other counties and thus supplement its income. In the smaller counties where the amount of road-building is restricted and the number of prisoners limited, the cost of supervision and guarding is high and there is little room for proper housing and treatment. All counties are facing the same difficulties in varying degrees, and the wonder is not that standards are low in some instances but that they are not lower. The Prison Commission has certain powers and duties in connection with the supervision and inspection of the camps, as well as the establishment of standards. The book of rules which it issues to the counties covers such matters as types of buildings, hospitalization, diet, punishment and hours of work. Wardens and other officials must be appointed by the Commission, but it invites the counties to nominate these officers and does not appear to have established any requirements with which such nominees must comply in order to qualify. The county wardens and officers are paid by the county commissioners and no funds are transmitted bY the State Prison Commission to counties for upkeep of st;te prisoners. Thus the counties are not dependent on the Prison Commission and are MoNDAY, NovEMBER 22, 1937. 109 entitled upon request to their quota of available prisoners. The Commission, if it insisted on proper standards, might find itself ignored or faced with the necessity of caring for a large number of felons for which it had no adequate buildings or appropriations to cover maintenance. Sending felons to county camps only serves to give each county additional man-power and does not affect any other phase of camp management. The results seem to indicate that the Prison Commission is in reality unable to function as an agency to control or properly supervise county camps. We have inspected 14 camps, with the cooperation of state officials, in order to examine conditions existing in these county institutions. Descriptions of several typical camps follow: CAMP A The main building is a modern, two-story, reinforced concrete structure, fireproof throughout, with windows barred on the outside. It has modern plumbing, steam heat, electricity and an air-cooling system. Sleeping quarters are of the dormitory or barrack type, housing white prisoners on one side and colored on the other. At the end of each dormitory room are modern sanitary toilets, showers with hot and cold running water, and a large circular lavatory around which ten or twelve men can gather at one time. Double-deck steel bunks, about 4 feet apart, are supplied with one reasonably good mattress, two or more blankets and a pillow. Each inmate is supplied with a locker for personal belongings and one extra change of clothing. The small room used as a hospital contains 4 steel cots, and the camp warden keeps on hand a limited amount of first-aid and pharmaceutical supplies. The dining room is a large room on the first floor with a partition separating the white and colored prisoners who eat at long tables with board benches. The kitchen has a large range and modern cooking utensils, refrigeration and sinks with hot and cold running water. Other buildings are old wooden structures used largely for supply rooms, tool rooms and for housing highway construction 110 JouRNAL oF THE SENATE, equipment. The camp maintains its own repair shop for upkeep of equipment. While this camp had onlv 43 inmates when visited, it could handle approximately 150. B CAMP This camp had 75 inmates at the time it was visited, but could handle 200. It is one of the oldest in the group and is in deplorable condition. The buildings are old, concrete structures of the barrack type with running water and old-fashioned toilets in each. The prisoners sleep on individual steel cots with mattress, wool blankets and pillow supplied to each. The barracks were very dirty and the bedding was noticeably filthy and apparently seldom aired. Toilet facilities were unsanitary and the barracks in general appeared to have little supervision from officers in charge. There was no special room set aside as a hospital. While the food for the prisoners was cooked in a kitchen adjacent to the officers' and civilian mess, the prisoners ate in a lean-to shed which was open at one end with no protection from the weather. On the day the camp was visited, the noon meal for the few prisoners who happened to be around doing repair work consisted of beans, bean soup, corn bread, sorghum or black molasses and water. Adjoining this camp is a county poor farm which is under the supervision of the camp warden, and men are assigned to farm work on days when they cannot work on roads. c CAMP This is a modern camp with a two-story reinforced concrete structure as the main building. The first floor is used for dining hall, kitchen, guards' quarters, hospital, refrigeration, store and supply rooms. The second floor is used for barracks, divided in the center by a thick concrete partition separating white and colored prisoners. Steel bunks are placed 6 or 8 feet apart, and sheets and pillow cases are supplied to each inmate once a week. The camp was clean and sanitary and in an orderly condition. Electricity has been installed throughout. MoNDAY, NovEMBER 22, 1937. 111 While there were only 73 prisoners in the camp when visited, it is large enough to house 150 to 175. The inmates are worked only on county roads; some are assigned to a road construction project and the rest to maintenance and bridge work. CAMP D This camp is of the modern type where inmates are housed on a dormitory plan, white men and negroes segregated. Although the camp is 12 years old, it seems to be in reasonably good condition. It is steam heated; has modern plumbing and sewage facilities; has hot and cold running water for showers arid other purposes at all times; and is lighted by means of electricity secured from adjacent power lines. The food supplied the prisoners appeared to be of fair quality. This county contracts grading and construction work or reinforced concrete and wooden bridge work from the State Highway Board. While there were only 41 men assigned to the camp, it is equipped to handle approximately 100. CAMP E The camp has been in operation at the present location for the past 16 years. Most of the buildings are old wooden structures. There are separate buildings for the white and negro prisoners, containing double-deck steel cells. While there is running water and old-style plumbing in the barracks, the bedding was very dirty and it appeared that little effort was made to maintain the camp in a sanitary condition. The buildings in this camp should be torn down and a new, modern type camp erected if the authorities desire to continue to work their prisoners on the road. The county does contract work for the State Highway Board and maintains its own roads with prison labor. CAMP F In this camp the buildings are old frame structures which have been in use for a long time and are so badly worn out that it is almost impossible to maintain them. There is attached to the camp a 360-acre farm where vegetables and livestock are raised, and this to a large degree supplies foodstuffs for the camp. The 112 JouRNAL OF THE SENATE, inmates of the camp are employed on grading and construction of state roads and on maintenance of county roads. ~-\cross the yard from the stockade is an old wooden house with barred windows and doors, which is used as a jail for women prisoners. There were three women prisoners at the time of the visit who were serving sentences of 60 to 90 days for misdemeanors. These women are segregated from the men. CAMP G This camp is very small with only 32 inmates, all of whom are colored. The main office and quarters for the warden and guards are in an old house, but the convicts are confined in steel cages when not working. Each cage is a large lattice-like steel cell, 8 feet by 22 feet, mounted on a steel truck. The floor and roof of the cage are of solid sheet steel; the sides and ends are of lattice steel and are covered on the outside with board sidings fastened to the top by hinges so they may be raised in warm weather for light and ventilation and closed in cold weather. There is a small wood stove in the center of the cage and a crude, old-fashioned toilet in the end. Water from a local well is carried to the cages in pails, and the only place in the camp where the men could bathe was a rude shower bath near the back of one of the cages. The cooking is done in one room at the back of the old house, but the convicts have no dining room and have to carry their fo~d to their cages or eat it out in the open in the yard. The use of cages of this type is a very old method of handling convicts and should be eliminated entirely. Inasmuch as this county has such poor facilities for the care of its prisoners, it seems futile for it to attempt to continue to operate a camp. The men in this camp are used on construction of state highways and maintenance of county roads. CAMP H This is a small cage camp, with only 39 inmates. The whole place was very unsanitary, toilets were filthy, and the bedding was dirty and needed airing. There is no solitary confinement cell, and for punishment a prisoner is locked in his cage and given a very limited amount of food once a day. MoNDAY, NovEMBER 22, 1937. 113 The camp is located on a tract of ground containing about 20 acres, of which 12 are in a truck garden. A very old county jail to house prisoners awaiting trial is also located on this ground. On the day visited the yard man was a trusty prisoner who seemed to be in complete command of camp and men while the warden was away. He knew little of construction costs or equipment operation, but did indicate that the prisoners were employed on highway work similar to that of other counties. Since the number of prisoners is small, it seems that it would be more economical for this county to make arrangements with another county which has a modern camp to take over its prisoners than to build a new convict camp. GuARDING METHODS Ordinarily the convict crews consist of about eight or ten men with one armed guard assigned to watch over them. Guards are usually equipped with double-barreled shot guns and use shells containing buckshot. Sometimes when small groups are assigned to perform tasks a free labor employee is deputized as a guard and equipped with firearms for use in case of an attempted escape. At night, prisoners are locked in their quarters after 9 o'clock, when all lights must be out. One armed guard, known as the night man or hall man, is left in charge. In some cases this man walks around through the barracks halls and in others he is stationed in an inconspicuous place where he can see all the prisoners and observe their behavior. A few of the camps have guard towers outside the stockade where guards are posted in the mornings and evenings while the men go to and from work and when the men are loitering around the yard in the evening or on holidays and Sundays. On the average, there is about one guard for every eight men assigned to a camp, in addition to a yard man and head clerk. PUNISHMENT The most common methods of punishment used in the convict road camps in Georgia are solitary confinement and the use of shackles. Prior to March, 1937, prison rules and regulations 114 JouRNAL OF THE SENATE, provided for the use of stocks as a means of punishment in extreme cases. Providing he was found to be physically sound after examination by the camp physician, a man was fastened in the stocks for no longer than 1 hour at any one time. Last March this method of punishment was abolished by resolution of the Prison Commission, and all camp wardens who did not have solitary confinement cells in their camps were ordered to construct them and to confine to these cells such disorderly prisoners as they saw fit, under rules and regulations laid down by the Commission. Prisoners placed in solitary confinement are subject to regular physical examination by the camp physician. In the 14 camps which we inspected, including two state highway camps and containing a total of 958 convicts, 230 were found working in shackles. At that particular time none of the camps had any man in solitary confinement. Occasionally violations of minor camp rules are punished by restrictions on diet and camp privileges. Prison rules of the state provide that wardens must send to the Prison Commission on the first of each month reports (made under oath) of all punishments inflicted, giving in each case the name of the prisoner, the date, the character of the violation and the nature of the punishment. CLASSIFICATION The counties make no systematic attempt to classify their prisoners or to segregate different types, beyond providing separate sleeping quarters for Negroes and for whites. First offenders, repeaters, felons, misdemeanants, old men and young are all mixed indiscriminately in the camps. A rule of the Prison Commission provides that three grades of felony convicts shall be established, and shall be distinguished by differences in uniforms worn, general privileges and eligibility for parole. Misdemeanants are not included. As a practical matter, the rule appears to have little value, and general observation indicates that the majority of the prisoners wear stripes regularly and all do the same work. MEDICAL AND HosPITAL FAciLITIES Each board of county comm1sswners employs a county phy- MoNDAY, NovEMBER 22, 1937. 115 sician, usually at a salary of about $100 a month. This position is regarded as a part-time job, but in the counties where camps are maintained the county physician is subject to call to convict camps at any time by the warden or his assistants. Most minor ailments are treated in the camp. Emergency cases are usually treated in a local hospital; when it is convenient, however, to transport a prisoner to the State Penal Farm, where the prison hospital is maintained, he is usually taken thereespecially if the treatment requires any great length of time. While the rules laid down by the Prison Commission provide that "a hospital of sufficient size to accommodate no less than 10 percent of the prison population, built and equipped as required for sleeping quarters, ready at all times for emergency, must be provided," only the more recently constructed camps adhere to this provision. The older camps have no modern hospital facilities, and in many it is almost impossible to give proper treatment to a sick prisoner, as neither room nor facilities for the sick and injured exist, and inmates are generally confined to their bunks when incapacitated for manual labor. EDUCATIONAL AND RECREATIONAL FACILITIES There appears to be no established program or standards for educational or recreational activities, and no athletics of any kind. When an individual is sentenced to a Georgia prison camp, he is expected to work from sun-up to sun-down five days a week and half a day on Saturday, with a limited time out for noon-day lunch. Where the county camps are surrounded by stockades, the prisoners are permitted to loiter about the yard on Saturday afternoon and Sunday. Sunday is generally set aside as visitors' day. Where there is no stockade, all except the trusties are confined to their sleeping quarters and kept there under lock and guard. All incoming and outgoing mail of the prisoners is examined by the camp warden or one of his assistants. Prisoners are entitled to receive any publications which they may wish to subscribe for, or which friends and relatives send them. There appears to be no limitation whatever as to the type of reading matter a man can have at any of the camps, but since such a 116 JouRNAL OF THE SENATE, large number are illiterate, very few prisoners are interested in reading. RELIGIOUS TRAINING Religious services and training are not provided for officially. Neighborhood pastors who wish to come into the camp and hold services are permitted to do so, on a purely voluntary basis. STATE HIGHWAY CAMPS The biennial report of the Prison Commission for the period ending December 31, 1936, lists as of that date 10 highway camps in which were quartered 206 white felons and 463 negro felons. In March, 1937, we were advised by the Highway Department that they were operating 6 camps. The highway camps differ from those operated by the counties primarily in that they do not house or employ misdemeanant prisoners. The work done is performed under the supervision of the State Highway Department and is on state roads. At best, however, these camps may be considered a sort of optional branch of the prison set-up, characterized by almost the same indefiniteness as exists in county camp relationships. If the Prison Commission has a surplus of prisoners which it wishes to have employed in highway work, it may offer these to the Highway Board; but the Highway Department need not take them. Similarly, if the Highway Department desires prisoners to work in its camps, it may apply to the Prison Commission for them. The Commission, however, need not grant the request. The Highway Department receives no financial aid from the Prison Commission; the Commission appoints the officers in the highway camps but their salaries as well as all operating expenses of the camps are borne by the Highway Department. The Highway Department is naturally desirous of having its funds go further by operating prison camps. If the Prison Commission insists on high standards or in other ways adds to the cost, the highway Department might not take any felony prisoners, and the men would then remain on the hands of the Prison Commission, which has no appropriation to take care of them and has no place to put them. The net result is low standards. We were informed that the Highway Depart- MoNDAY, NovEMBER 22, 1937. 117 ment is attempting to reserve certain of its camps for youthful first offenders, and the Prison Commission is empowered by legislative enactment to establish such camps. This effort is praiseworthy, but as already pointed out, the present arrangement makes administration of this sort difficult. STATE FARM FOR MEN AT MILLEDGEVILLE The State Penal Farm was established to care for youthful offenders and for those physically unable to work in road camps. The Prison Commission has found it advisable also to quarter there certain particularly undesirable and intractable able-bodied convicts who could not be controled properly in the camps. The population, therefore, is an ill-assorted lot and the difficulties of administration which beset the warden are rather vividlv set forth in the report of the Prison Commission for 1936: . "The population of the State Prison Farm at Milledgeville is about two-thirds disabled. The sick, maimed, blind, halt, aged and decrepit prisoners go to the Farm. Less than one-third of these unfortunate are physically fit for labor in the fields and on the buildings. The production of the farm is thus handicapped, and 100 percent must eat and be cared for with two-thirds of the inmates unfit for outdoor work. "The population of the Prison Farm at Milledgeville is at present, according to the Superintendent's report for the year 1936, an average of 1,055. This is a very large increase in population as compared with a very few years ago, and we call attention to the fact that when the prison population was about two-thirds of the present number and when food and clothing supplies were very much lower the appropriation to this department for the maintenance of the State Farm was practically the same as it is now, and with the increased cost of food supplies and clothing and the large increase in prison population we fi.nd it very difficult on the appropriation now given to meet all of the demands on us for maintenance, and this in spite of the large amount of food stuff raised at the farm suitable for the prisoners and the large amount of feed raised for the use of the animals." 118 JouRNAL oF THE SENATE, The natural result of these conditions is apparent. Parts of the buildings are in a bad state of repair. There is no heating system. The dormitories are badly overcrowded and house at least one-third more than should reasonably be quartered therein. We were informed that about 1,523 acres of farm land are under cultivation, which is all the land suitable for that purpose. Since this represents the principal form of employment and is open to only a small portion of the inmate population, the rest (except for a few who are employed in the automobile tag shop) spend their time in idleness. No attempt is made to educate the inmates or to give them any sort of vocational training. There is no provision in Georgia for the transfer of insane prisoners to the state insane asylum or for their segregation within the penal system. The Prison Commission advised that 18 convicts at the Farm should be segregated or transferred elsewhere because of mental illness. Since no psychiatric examinations are made, it is quite probable that this number is only a part of the group which should be segregated from the others. A few punishment cells on the first floor have been built to house these men and to serve as solitary confinement and punishment quarters for the general population. This is of course a highly unsatisfactory arrangement. The institution could be put to better use, and we shall discuss this point in a later part of the report. WoMEN's PRISON AT MILLEDGEVILLE The women's prison, which is an old frame structure, was occupied by an average population of 330 felons and misdemeanants in 1936. Since this is the only institution in the state for housing women felons, it should be at least large enough to care for the population. The dormitory space in the colored section is not large enough to provide room for more than 40 to 50 beds. Since about 250 have to be housed in this room, the beds are so close together that practically no space is left between them and they are double and triple-decked. The white dormitory is almost as badly overcrowded. The colored women are employed in farming about 860 acres of land, whereas the white women are mainly employed in housekeeping and serving, but with the crowded conditions above de- MoNDAY, NovEMBER 22, 1937. 119 scribed little could be done toward any educational or vocational training programs and nothing is being attempted. This institution houses women of all ages and types. The Prison Commission is empowered to order misdemeanants as well as felons there for imprisonment and has found it advisable to do so in many cases. There were 148 of these in the institution on December 31, 1936, which compares with 85 quartered in the various county jails throughout the state. The idea of having one central penal institution for women offenders is excellent, but the needs of the state have far outgrown the present institution. Steps should be taken at the earliest possible moment to replace it with a modern structure affording housing and other facilities for all the women sentenced in the state to penal confinement. TUBERCULAR FARM This unit adjoins the men's farm at Milledgeville and cares for male tubercular prisoners. There is no similar institution for women. The building is old but not overcrowded and is an indispensable part of the prison system since it provides means of segregation for tubercular prisoners and at least prevents the spread of the disease. It should be continued with necessary improvements. TATINALL CouNTY FARM The State owns 7,300 acres in Tattnall County, about 3,000 acres of this land have good turpentine timber of which 2,000 acres are being worked. The turpentine is distilled and sold on the open market. Fifteen hundred acres are being cultivated for farm produce and about 2,800 additional acres could also be put into cultivation as the land is highly suitable for farming. These operations are under the supervision of the Prison Commission, and employ 68 negroes and 11 white prisoners. Obviously the number of prisoners employed on this tract should be greatly increased. There is a question as to whether turpentine produced by convict labor may be sold on the open market. 120 JouRNAL oF THE SENATE, SuMMARY 1. THE FINANCIAL EFFECTIVENESS OF THE PENAL SYSTEM The care and maintenance of convicted criminals is an item of serious expense to the taxpayers of Georgia, but effective management and coordinated control can tend to reduce the burden. Prisoners in Georgia are employed primarily in roadbuilding, thereby contributing their labor toward the expense of their maintenance, and in this respect the Georgia system is to be preferred to those which maintain prisoners in idleness. We believe it advisable, however, in the interest of economy to consider the methods of administration now in use, not only from a penological viewpoint but as to their effect upon the pocketbooks of the citizens of the state. It is difficult to determine the actual cost of maintaining the prison system. The Prison Commission receives an appropriation out of the general state tax fund which it uses to maintain the Milledgeville and Tattnall farms and for certain expenses and salaries. The majority of convicts, however, are not maintained out of these funds but are in county camps, and these are supported by county taxes and funds of the Highway Department. In considering this matter it is well to bear in mind that all of these public agencies-state, county and Highway Department-are supported by the citizens of Georgia. The greater part of the prison population is quartered in road camps. It is not easy to determine whether the roads which are built and maintained by this labor are constructed at prices comparable with prices which free labor contractors would charge for similar work. Counties are awarded projects without having to meet competition from public lettings and the rates are agreed upon between the State Highway Department and the county commiSSIOners. We are unable also to determine how many of the counties make a profit on their camps and how many conduct their operations at a loss. We believe this to be unimportant to the citizens of the state, however, since collectively they foot all the bills of the counties as well as of the Highway Department. The important matter to taxpaying Georgians is that in addition to their prison farms they are maintaining 131 camps with 131 wardens, 131 clerks and 131 yard men. In 12 MoNDAY, NovEMBER 22, 1937. 121 camps which we visited we found an average of 1 guard to every 8 men. The Prison Commission's reports indicate that the average camp contains 50 inmates. Therefore, at the rate of 6 guards to a camp, the guard force for the state would consist of approximately 786 men. Thus the total number of paid employees in prison camps in the state would approximate 1,150 men. This is a veritable army of employees maintained merely to guard the prisoners; it is more than the entire criminal population at the Milledgeville farm. In addition to the maintenance charges, we estimate that the salary bill for the camps is about $850,000 a year. It must also be remembered that the 131 camps referred to range from steel cages to modern concrete buildings, all provided out of public tax funds. Their upkeep and the depreciation on them are also tax burdens for the citizens of the state. These figures are merely overhead, necessary wherever a prison camp is established. They make no allowance for food and clothing for the prisoners quartered in the camps, nor for the expenses of the Prison Commission and the two state farms. We are heartily in favor of road camps as a means of employing certain types of prisoners, and we believe that the cost of roadbuilding by prisoners can be economical through efficient camp units. The taxpaying citizens in the state are saddled with the cost of maintaining the inmates of the penal institutions whether they work or not. The labor of prisoners productively employed can only serve to reduce society's burden and may have a rehabilitative effect upon the men. We believe, however, in the light of the experience of other states that the county road camp system in Georgia is inefficient and unnecessarily expensive, and should therefore be completely revised. Road camps containing unselected prisoners are more expensive to maintain than those containing men the prison management feels it can trust. In the 12 county camps which we visited in Georgia 1 man out of 4 was shackled in chains, and 1 guard was required for every 8 inmates, on the average. There is no attempt to determine the security required for holding a man in the camp and the counties have been extremely cautious in their efforts to prevent escapes. In California, however, men are 122 JouRNAL or THE SENATE, carefully selected for road camps and as a result 1 guard is sufficient for 25 convicts. West Virginia has two types of road camps: in the "guard" camps, housing convicts requiring medium security, there is 1 guard to every 15 prisoners, on the average; the "honor" camps are practically without guards and the men go out under supervision of an unarmed civilian foreman. Wisconsin's forestry camps and Wyoming's honor farm are operated on the same principle. If proper use is made of the facilities for selection and examination of convicts which the new Reidsville prison offers, Georgia should be able to reduce the cost of road camp supervision in state and county camps. Another factor which makes for high costs in Georgia's camps is the number and size of the camps. Each camp must have at least a warden, a yard man and a clerk, in addition to the guard force. Most states have found that units of between 100 and 150 men are the most economical to operate. Alabama, North Carolina, West Virginia and California all maintain camps which are considerably larger than most of those in Georgia. Since it has been possible for each county to establish a camp, the state is burdened with too many, most of which are much too small to be economical units and consequently require an unnecessarily large investment in buildings and high maintenance charges. A well-planned camp system on a state-wide basis would do much to reduce the cost. We recommend that such a system replace the present county system as rapidly as conditions will permit. 2. REHABILITATION We find that the state is sorely lacking in a program designed to rehabilitate its convicts, and that its penal farms are unable even to house them properly. A prisoner is an expense to the taxpayer. Every time he is released and recommitted the community pays again for his sins. Many of the younger and more intelligent offenders could be taught useful occupations which would help them to stand on their own feet when released, and it is an expensive policy to ignore the opportunity to improve them. A small reduction in the penal population would more than pay for the expense of instituting a modest program designed to stimulate the better instincts and aptitudes of the men. MoNDAY, NovEMBER 22, 1937. 123 CHAPTER 111 CLASSIFICATION WORK AND REHABILITATION CLASSIFICATION Classification of prisoners as practiced in the Federal penal system and in such states as Texas, New Jersey, New York, California and Pennsylvania has two objectives: (1) guarding under the most favorable conditions at a minimum expense, and (2) stimulating the prisoner to formulate a plan of life which will enable him to take care of himself properly upon release. It recognizes that a 17-year old boy arrested for stealing and with no previous criminal record might have a better chance to become a self-supporting citizen than a middle-aged degenerate convicted of rape or sexual perversion who has a long record of offenses behind him. It would not place those men side by side in a camp. Care would be taken to arouse the better interests of the younger man by placing him in surroundings proper for him, and the older convict would be held in a separate place where he would be unable to influence those for whom rehabilitation seems possible. Classification work of this kind can be undertaken in Georgia with the existing institutions, and we believe that the results would be constructive and economical. The new Reidsville prison could serve as the hub of the prison system, from which activities could be directed along the following lines: 1. A case record of the prisoner's history and background should be the starting point in making up his prison record and deciding on his treatment. Every prisoner should be fingerprinted and information concerning him should be exchanged with the Federal Bureau of Investigation. An experienced caseworker in charge of a small trained clerical force would provide the starting point in determining the treatment needs. 2. All felons should be sent to the Reidsville prison after being sentenced and should be given a thorough physical examination before being assigned to a place in the system for permanent quarters and work. The advantages of this in preventing infection and in determining capacity for work are obvious. 124 JouRNAL oF THE SENATE, :3. Before permanent assignment each convict should be interviewed by a psychologist and given test to indicate his intelligence level and his educational attainments. A full-time psychologist, aided by a visiting psychiatrist for suspected cases of mental disorders, should be sufficient for this work. 4. Incoming prisoners should be segregated in a receiving unit until the above interviews shall have taken place and until the custodial director of the system or his deputy can form an opinion as to each man's probable behavior. The Reidsville staff should include a director in charge of educational and vocational training work and assisted by an industrial director. These two staff members, with the warden, deputy warden, case-worker, medical officer and psychologist, should comprise the classification committee and should determine, after observation, where each convict should be sent. The penitentiary buildings are so constructed as to make these activities feasible and inexpensive. It will be possible to house the white prisoners in separate buildings from the colored and the segregation will be complete, as the administration wing has two dining rooms and kitchens with sufficient capacity to care for all the inmates. This arrangement for segregation at meal times has not been possible in the institutions used heretofore. The present arrangements for dormitory and cell space will also permit proper examination and segregation of incoming prisoners. The white and colored sections each have a cell block with a capacity of 124, to be used for confining prisoners requiring maximum-security housing. Cells on the third and fourth floors of both wings, with a total capacity of 80, can be used for incoming prisoners as a receiving unit. Here each new man can be examined in order to determine where he would receive the kind of treatment best suited to his needs. If this space were insufficient, some of the maximum-security cells could also be used for this purpose. The hospital facil'ities appear to be excellent. The colored and white wings each contain two five-bed wards, offices for doctor and dentist, operating room, sterilizing room, X-ray room and diet kitchen. A workroom for nurses and two treatment rooms MoNDAY, NovEMBER 22, 1937. 125 are on the corridor adjoining the white and colored wings. None of the hospital equipment has been installed, but we assume that this will be purchased and that a competent staff of medical officers will be appointed. Unless the Prison Commission is given the necessary funds to take care of this matter, however, it would be better to place the hospitalization under the jurisdiction of the State Board of Health. It would be almost criminal to allow these excellent facilities to reach the low level of hospitalization now existing in the penal system. Two cell blocks of 18 cells each are located on the hospital floor and can well be used to house those prisoners suffering from mental disturbances, until it is found out how many are in need of special care and treatment, but a separate institution should be provided for them if the number is large enough to justify the expense. The laws of the state require the criminal insane to be sent to Milledgeville, but these laws should be changed to permit freedom of transfer within the prison system at the discretion of the Prison Commission. Many prisoners are found to be mentallv sick and in need of treatment who cannot be committed as legally insane. Proper facilities for these men should be provided. The services of a psychiatrist are not now available in the prison system and further and more careful examination of the prison population along these lines should be undertaken. While it is possible that the number now known to require segregation may be housed, as suggested, in quarters at the Reidsville prison, this will probably be only a temporary expedient. The criminal insane should not be quartered with the general penal population. Provision should be made for their transfer either to a new institution erected for this purpose or to the state insane asylum if that institution could handle them. :\ procedure should be established by legislative action authorizing the Prison Commission to transfer prisoners needing mental treatment to suitable institutions. :\t the Reidsville prison there are 20 dormitory rooms with an approximate total capacity of 1,700 beds, divided equally between the buildings for white and colored prisoners. These are suitable for confinement of men requiring medium security. It should be borne in mind that the total floor area of each of these 126 JouRNAL OF THE SENATE, rooms, which is 3,429 square feet, should not be used for more than about 85 single-deck beds. It would be deplorable to attempt to crowd prisoners into these quarters to the degree now prevailing at Milledgeville. TRAINING There is no space set aside for educational and vocational training classrooms and no provision for a library at the Reidsville prison. An institution which will house 2,000 inmates should most certainly have educational facilities and a staff of qualified teachers. Any effort to enable inmates to support themselves in legitimate ways upon release is an economical policy and, aside from its humanitarian value, tends to reduce recidivism and the cost of crime. Georgia's prison system can benefit by developing a training program such as many states have already undertaken. We have found that about 75 percent of the prison population is colored. This high proportion rnay well be due in part to illiteracy, ignorance and unemployment. Any practical courses in agriculture or trades designed to change the negro prisoner from a shiftless, submarginal worker to a self-respecting wageearner will tend to reduce the criminal population of the South. There are two large rooms on both the white and colored sides of the administration building which are designated on the blue prints as "outside help dormitories" and "outside help recreation rooms." Since no guards' cottages or wardens' cottages have been erected, it will be necessary to build them on the property and we strongly recommend that these buildings when erected be outside the enclosure and of sufficient size and number to permit the use of the "outside help" rooms in the institution for educational and vocational training purposes and for the establishment of a library. INDUSTRIES The industrial building contains equipment for both a wood working shop and a machine shop. The unassigned shop space available for the installation of new industries is 22,055 square feet. We understand that one of the first steps taken has been the removal of the license plate plant from Milledgeville to this MoNDAY, NovD1BER 22, 1937. 127 institution, which appears to be quite proper. It is highly necessary that a variety of work opportunities be made available in this large institution. If a serious attempt is not made to utilize the productive effort of the prisoners, the resulting idleness will make the prison merely another breeding p1ace for and school of instruction in crime, where expert teachers with nothing else to do can instruct willing pupils with nothing to do but listen. On the other hand, a properly integrated program of work under the management of a competent industrial engineer could employ many of these men usefully in manufacturing articles for the use of state institutions and agencies and of the political subdivisions and their agencies and institutions. The profit derived from such production is often of great benefit in reducing the maintenance charges of the prison system. The goods produced do not find their wav into ordinarv commercial channels and thus do not compete on. the open m~rket with the products of free labor. An attempt has been made by legislation to prohibit the sale of prison-made goods on the open market in Georgia; however, the production of prison-made goods for the use of state institutions and agencies is permitted, and these institutions are required to purchase their needs from the prison if it is prepared to fill them. The law should also provide for an industrial revolving fund to be used for the purchase of equipment and raw materials and to finance the carrying of finished stocks. It should also set up procedure for fixing price standards and styles by the producing institutions and the consuming agencies, and for settling disputes through an impartial committee. If this were done, we believe that a revolving fund of $100,000 and an initial purchase of equipment amounting to about $350,000 would serve to establish ten basic industries for the products of which there is a continuing demand in the institutions and agencies of the state. These industries are: 1. CoTTON TEXTILE MILL This shop could weave sheets, pillow cases, shirting, toweling, blankets, etc. It should employ between 150 and 200 men. A mill of this type has been operated successfully in the Virginia State Penitentiary for some time. Since cotton can be grown on 128 JouRNAL oF THE SENATE, the land adjoining the Georgia penitentiary in Tattnall County, this should prove doubly advantageous for the establishment of a mill in this institution. A building would have to be erected to house this enterprise since it would require about 40,000 square feet and could not be located in the present industrial building. We believe that about $200,000 would be sufficient to purchase the necessary equipment. 2. CANNING PLANT A cannery would preserve fruits and vegetables raised on the prison lands for use in the prison system and by other state institutions. This could be installed for about $10,000 and should employ between 50 and 75 men in season. 3. SHOE FACTORY This shop could supply the inmates of public institutions and those of the penal system. The installation cost would approximate $18,000 and the unit would furnish constructive employment to about 40 men. 4. PRINTING PLANT The print shop could be combined with a book bindery to repair and bind books for the public school system and could print state letterheads, forms, etc. This unit should cost about $15,000 and should furnish employment to about 25 men. Many state penitentiaries are operating shops of this type successfully. 5. ToBACCO PROCESSING PLANT A unit to mix tobacco for inmate consumption should not cost more than $15,000 and should furnish employment to about 15 men. The saving to the State by this operation would be consid- erable. 6. CLOTHING FACTORY A unit to manufacture articles of apparel for penal and other institutional inmates should cost about $10,000 and should furnish constant employment for 40 inmates. 7. HosiERY MILL A unit to knit hosiery for use in state institutions should cost MoNDAY, NovEMBER 22, 1937. 129 about $5,000 and could use yarn from the cotton mill. The product is in constant demand and should furnish continuous employment to about 10 men. 8. METAL WORKING PLANT This industry can be combined with the present license plate factory to make highway signs, guard rails, buckets and pails, metal cots, etc. It should cost about $45,000 and should employ about 50 men. The products are constantly in demand. 9. CoNCRETE PIPE cuLVERT PLANT Part of the prison property at Tattnall includes a sand and gravel bed on the shore of a river. Concrete pipe for the Highway Department could be made there if machinery were set up to manufacture concrete and form it into proper sizes and shapes for the state road system. The cost of equipment would be about $35,000 and about 75 men could be employed in this unit, although they should be carefully selected as the work would be carried on away from the prison. 10. DEHYDRATING PLANT A unit to dry fruits and vegetables would probably cost about $10,000 and should employ about 15 men. It should be the means of cutting food costs in the state institutions. CLASSIFICATION AS IT MIGHT BE APPLIED IN GEORGIA'S INSTITU- TIONS In considering a plan to apply principles of classification to the existing institutions, we suggest that the different types of prisoners should be assigned to different units in the system, as follows: 1. The rehabilitative group, including men with good prospects for successful adjustment after release, should be placed in road camps. A reduction in the total number of inmates, and a careful selection of the men sent to the camps would result in reduced administration and guarding expenses and in lower operating costs in the individual camps. Road camps for felons should be established by the State and maintained by it. They should be of sufficient size to permit 130 JouRNAL oF THE SENATE, economical operation and should contain a superior class of prisoners, carefully selected by the classification committee. The camps should be conducted along the lines successfully followed in California and West Virginia, where no shackles are used and a camp assignment is usually the last step preceding a man's release. Extra good time is allowed to these men, but infractions of the rules mean loss of privileges and good time, and transfer back to the penitentiary. Good results are obtained in California by paying the men small sums as compensation for their work; and a system of keeping escapes to a minimum is that of fining all inmates of a camp if one of their number escapes. In order to obtain the best results, the camps must be an integral part of the prison system. The Prison Commission as the central penal authority should have sole power to establish and maintain camps. It should pay all salaries, appoint all personnel and be vested with complete control, financial as well as administrative. On the other hand, the Highway Department should be required to approve the camp locations from the standpoint of proximity to proper areas of work; it should furnish necessary road machinery to the camps, and supervise and inspect the work done; it should award contracts for work to the Prison Commission and pay for it upon completion. Under the present system, camps may be established and maintained either by the Prison Commission or by the Highway Department, and this does not fix enough responsi hili ty on the Prison Commission to make the camps serve their proper purposes. A clear division of duties and responsibilities of both state departments should be maintained, and since the chairman of the Highway Board is a member of the Prison Commission, it should be possible to obtain that high degree of cooperation necessary to successful public administration. If the above plan for felons is followed, many of the county camps will have to be abandoned. We have previously pointed out that many of these camps are too small to be operated economically and too run-down to be habitable. A further reduction i~ their population will necessitate a complete reorganization. We realize that the handling of misdemeanants presents MoNDAY, NovEMBER 22, 1937. 131 problems which differ from those which have to be met in the case of felons. For one thing, it is uneconomical to transport short-sentence prisoners from their counties to the Reidsville prison for examination, segregation and classification, and then return them to another unit in the prison system. They must be confined in a place reasonably near the place where they are convicted. There are several approaches to this matter, however. We believe that many of the more modern and satisfactory county camps can house the misdemeanant prisoners for neighboring counties, as well as their own, under a cooperative plan at a saving in expense and with higher standards of treatment. If this were done, each camp would be of a more permanent nature; truck gardens adjoining the camps could. provide employment and reduce the cost of upkeep; and the number of guards and wardens throughout the state would be lessened considerably. Under this plan, the Prison Commission rather than the counties would maintain the camps, and enter into contracts with the county commissioners for county road building and with the State Highway Department for state road building. The camps can be financed from funds obtained for work done, in much the same manner as at present. We believe that a committee, consisting possibly of the chairman of the Highway Board, the chairman of the Prison Commission and the president of the County Commissioner:s Association, can determine the best locations for the camps, taking into account (1) present available camps, (2) location of felony camps (to avoid overlapping), and (3) proximity to areas needing road work. This committee can also continue to serve as an adjustment committee on all matters with reference to these cooperative county camps. The counties will then cease to maintain the army of prison officials and the multitudinous institutions which are at present draining the resources of the taxpayers. The Prison Commission would be charged with the operation of the camps, and failure to produce proper results would be failure on the part of the Commission and not due to circumstances beyond its control. 2. The intermediate group, including men with some criminal record and with personality defects which make them doubtful 132 JouRNAL OF THE SENATE, cases for rehabilitation, can be housed in the dormitories at Reidsville. 3. The custodial group, including persistent offenders and troublemakers, can be housed in the maximum-security cell blocks at the Reidsville prison. 4. Mental defectives, including the insane, the feebleminded, drug addicts, homosexuals and epileptics, should be housed, for the present, at Reidsville where facilities are best adapted for dormitory segregation and medical observation. 5. Tubercular cases can be cared for in the hospital unit at Milledgeville, which should be modernized. 6. The aged, handicapped and chronically ill, who comprise only a small group and present no custodial problems, can be housed in a dormitory at Reidsville where medical care would be available. 7. The women should be housed in a new institution, preferably of the cottage type. This unit can serve as a center for rehabilitative treatment for all women prisoners, misdemeanants as well as felons. The present women's quarters are hopelessly inadequate but it is possible that the present men's institution at Milledgeville might, with alterations, be made suitable. The institution should certainly be located on good farm land in order to afford employment to a large number of the inmates, in farming, poultry raising, dairying and other useful activities. SUMMARY OF RECOMMENDATIONS 1. All road camps and prisons should be placed under the unified control of the Prison Commission; the Commission should be authorized to allocate and transfer all prisoners, and to utilize equipment and existing institutions for whatever purpose may seem best. It should also be authorized to construct new institutions whenever necessary with available funds, and should receive sufficient appropriations to conduct the penal system of the state properly. 2. The highway camp system should be reorganized to maintain fewer, larger and more economical units. The control and MoNDAY, NovEMBER 22, 1937. 133 maintenance of all camps should be vested in the Prison Comm1sswn. 3. Classification facilities at Reidsville should be established and should include the services of an adequate classification staff. 4. An industrial revolving fund of $100,000 should be created by legislative enactment, to establish and maintain industries at the Reidsville prison. 5. A new cottage-type women's institution should be erected to care for all convicted women in the state, regardless of length of sentence. CHAPTER IV PROBATION AND PAROLE PROBATION ELIGIBILITY Probation in cases of adults' may be used in Georgia only for misdemeanors, or felonies reduced to misdemeanors2 Felonies may be punished as misdemeanors on recommendation of the jury when approved by the judge, or on motion of the judge following pleas of guilty, except in cases of treason, insurrection, murder, manslaughter, rape or assault to rape, sodomy, foeticide, mayhem, seduction, arson, train wrecking, burning railroad bridges or otherwise injuring or obstructing railroads, and perjury, false swearing or subornation of these.3 Second felony offenders4 must be given the maximum sentence authorized by law for the offense and, since therefore they may not be punished as misdemeanants, they are not eligible for probation. Probation has the status of a sentence; the probationer is deemed to be serving the sentence imposed.5 There is no authority to suspend sentence6 and court orders to suspend the execution of sentence have the effect of placing the defendant on probation. 7 Accordingly, the probationary period cannot in 'The jurisdictional age limit of the juvenile courts in Georgia is 16 years. 2Section 27-2503, Ga. Code, 1933. 3Section 27-2501, Ga. Code, 1933. Offenders punishable by imprisonment in the penitentiary who have been previously sentenced to such imprisonment. 5Wimbish v. Reece, 170 Ga. 64. 6Hancock v. Rogers. Sheriff, 140 Ga. (1), (2). 7Acts of 1933, p. 266. 134 JouRNAL OF THE SENATE, any case exceed one year (the maximum imprisonment for misdemeanor). A defendant convicted for more than one offense at the same time may, however, be required to serve consecutive terms on probation; or he may be made to serve the first term in prison and the second on probation. On a single conviction he may be ordered to serve a part of his sentence in a place of detention and the remainder on probation. In the latter two instances, the offender having already served a prison term, the conditional release would in most states be called parole. The court has discretion to prescribe conditions and may revoke probation for violation of them "after due examination," but a formal hearing is not required.1 Since probation is the court's "leave to the probationer to serve a sentence outside the confines of the chain-gang, jail or other place of detention,"2 the time served on probation must, on revocation, be deducted from the period of his sentence to be served in the penitentiary or chain-gang. In limiting the use of probation to only those felonies which may legally be reduced to misdemeanors; in practically prohibiting its use for second felony offenders, and in restricting the period of probationary service to no more than one year, the present law prevents the development of an adequate probation system. The seriousness of the offense should, of course, weigh heavily against the use of probation; but it is not possible to do justice in advance in all such cases, because the suitability of the defendant for probationary treatment depends not only upon the technical definition of the offense committed but also upon the circumstances of the offense and many other factors connected with the offender's past history and present situation. The problem may be further modified by our own changing ideas which grow out of altered conditions in society. Experience in many states has shown that it is wiser to confer discretion upon the courts to use 1This is the procedure used in the Federal probation system. It is preferable to the use of formal trials or to revocation without giving the probationer any hearing. 2Roberts v. Lowry, Sheriff, 160 Ga. 494. MoNDAY, NovEMBER 22, 1937. 135 probation for any offense, or for any except those punishable by life imprisonment or death. 1 Nor is second offense an infallible indication that imprisonment rather than probation is the proper treatment for every individual sentenced by the court. Cases undoubtedly come before the court where supervision in a normal environment at a job and in association with a family group is the very best treatment in the interest of society and the offender and his dependents. The probation law is also defective in limiting the probation period to a maximum of one year2 and the term of imprisonment for violation to a still shorter time. Some offenders will need to be kept on probation or imprisoned after violation for much longer terms. Where probation is based upon the suspension of a sentence of imprisonment, as it is in most states, there is no legal obstacle to the requirement of such longer terms of probation, fixed in accordance with the circumstances of the case as well as the classification of the offense. These three undesirable features of the present probation law would be largely eliminated by authorizing the courts to use probation in any felony case without reduction to misdemeanor. Otherwise, the Georgia concept of probation as a sentence is legally and socially sound. This makes probation a form of treatment and not an act of clemency or even a suspension of sentence. It would also be better to give the judge discretion to order probation, without recommendation by the jury. The decision whether or not to use probation should depend in part upon facts which ordinarily are not presented to the jury, such as the defendant's criminal record, employment history, family life, associates, and his physical and mental condition. After the jury's verdict of guilty, the judge will need to continue many cases for investigation of these facts before imposing sentence, and he 'Probation may be used in any case, or in any except capital and life imprisonment cases, in Arizona, Colorado, Delaware, Kentucky, Maryland, Maine, Massachusetts, New Hampshire, New Jersey, North Carolina, Oregon, Utah, Vermont, and in the United States District Courts outside the District of Columbia. 'The better probation laws of other states leave the probationary period to the discretion of the court, or impose only some such limitation as a 5-year maximum. 136 JouRNAL oF THE SENATE, should have discretion to base his decision upon the results of his investigation. ExTENT OF UsE In a sample study of 57 of the 159 counties, including more than half the population of the state and smaller as well as larger counties from various sections, the W. P. A. of Georgia found that probation was used by the superior courts in 1935 in all but 3 of the smallest counties. These courts used probation in 16.6 percent of the total felony convictions (on reduction to misdemeanor, which occurred in about half the felony cases) and 25.3 percent of the convictions on misdemeanor charges1 TABLE 9.-USE OF PROBATION IN GEORGIA, 1935 ~uperior Courts, 67 Counties I City and County Courts, 27 Counties Placed on Probation Placed on Probation Convicted Convicted Number Percent Number Percent Total (Less Duplications) 47,863 9,982 20.9 All Felonies ___ 24,551 4,094 16.6 =--= Felonies reduced to misdemeanors ____ 12,042 4,094 34.QA Misdemeanors_ 23,312 5,888 25.3 91,941 15,149 16.5 I A The reduction of felonies to misdemeanors is to permit the imposition of a less severe sentence, which may be desired for other reasons than the use of probation. Of the 29 city and county courts' in the 57 counties studied, 27 used probation in 1935, applying it in 16.5 percent of the convictions (all misdemeanors). It thus appears that the superior courts of Georgia use probation much more freely than do the city courts in misdemeanor 1These data on the use of probation are taken from "A Survey of Criminal Court Procedure in Georgia" published by the Works Progress Administration of Georgia in 1937. The project was sponsored by the State Department of Public Welfare. 20ne other city court was not included in the study. These courts have countywide jurisdiction. MoNDAY, NovEMBER 22, 1937. 137 cases, and as freely in felony cases (on reduction to misdemeanor) as do the city and county courts in cases in which only misdemeanors are charged. The proportion of all convictions in the superior courts resulting in probation is, however, only 20.9 percent. Probation is used to a much greater extent in some states having better developed probation departments for the pre-sentence investigation and thorough supervision of persons placed on probation. In these other states, moreover (except California), release on probation immediately follows the court order, instead of being preceded by a term of imprisonment (except pending trial and investigation) as occurs so frequently in Georgia. In 1,258 cases, or more than two-thirds of the total probation cases in Fulton County in 1935-36, probation was preceded by a prison term for another offense, and in 316 other cases the probationer thus served part of his sentence for the same offense. TABLE 10.-CouRTS oF GENERAL CRIMINAL JuRISDICTION: NuMBER RELEASED oN PROBATION AND SusPENDED SENTENCE: Six STATES, 1935.A State Total Con vic- tions Number Released on Probation with Super- vision Number Released on Suspension of Sentence Probation Cases as percent of total Convictions Oalifornias_______ Massachusetts____ M i c h i g a n _________ New Jersey_______ Ohio _____________ 6,991 2,855 4,255 7,550 7,291 2,559 1,114 1,214 2,540 2,199 ------- 89 557 93 36.6 39.0 30.6 41.0 31.4 Pennsylvania_____ 29,700 6,934 1,307 27.7 I AData from U.S. Bureau of the Census, Statistics of Courts of General Criminal Jurisdiction, 1935. sData from State Judicial Council for year ended June 30, 1936. Regarding the offenses for which probation is used in Georgia, data are available only for Fulton County (Atlanta). In the 1,793 cases in which probation was used during 1935-36 in the superior and criminal courts, the most frequent offenses were violation of the prohibition laws (367), abandonment of minor children (285), larceny (246), bastardy (127), operating an auto- 1Data from annual report of the Fulton County Probation Department. 138 JouRNAL OF THE SENATE, mobile while intoxicated (113), carrying concealed weapons (43), wife beating (40), larceny of automobile (40), and burglary (36). Probation was also used in a few cases of more serious offenses: stabbing (20), robbery (14), assault to murder (11), shooting at another (11), and assault to rape (5). PROBATION SERVICE Probation officers for cases of adults may be appointed in any county by the judge of the superior court on recommendation of the grand jury. Such officers serve during the pleasure of the court and their salaries are fixed by the court1 The law authorizes the judge to appoint "such persons as seem best qualified ... provided they are not members of a county or municipal police force." No other stated qualifications have been adopted in any county and no competitive examinations are given. A police officer has been assigned to act as probation officer for the Atlanta Recorder's Court. In contrast it is to be noted that in the juvenile courts of Georgia, probation officers must be selected through competitive examinations conducted by committees appointed by the judge. Salaried adult probation officers have been appointed in 11 counties, serving the superior courts in 8 counties and the city courts in 8. There are 20 such officers altogether, 9 of whom are in Fulton County. In some of the smaller counties the officers are paid only on a part-time basis. In the counties where no paid probation service is provided, the statute requires that the written agreement be secured of some person to act in each Section 27-2703. The laws of 1937, p. 485, purport to repeal this section and to reenact its substance with the proviso that in counties with a constitutional city court, the appointment of probation officers shall be made by the judge of the city court. But Section 2 of the Act of 1937 restricts the application of the entire act to counties of 75,000 to 100,000 only, the effect of which, presumably unintentional, would be to repeal all provisions for the appointment of probation officers except in Bibb County (Macon). The Act of 1937 is of doubtful constitutionality, as there is no reasonable ground for prescribing a method of appointment of probation officers in the county to which it applies different from the method to be used both in larger and in smaller counties. 2A splendid precedent for the merit system has been established in the recently created State Highway Patrol of Georgia. The 3,000 applicants were given rigid physical and mental tests and their character investigated. The 101 with the highest grades were given a 2-months training course at the Georgia School of Technology, and the 80 making the best showing were appointed, their first 3 months to be on trial. MoNDAY, NovEMBER 22, 1937. 139 case; the judges call upon sheriffs, court clerks and citizens from time to time. In Fulton County the probation officers are fairly well paid, salaries ranging from $2,832 per year for the chief to $1,600 and $1,650 for the two women officers whose time is given to clerical work. The recorder's court probation officer in that county receives $2,100 as a member of the police force. The superior court probation officer in Muskogee County (Columbus) receives $1,800; in other counties the salaries are lower, especially of course for the part-time officers. In most of the counties visited standards of probation case work were inadequate; but they were reliably reported to be better in some other counties. In the Atlanta Recorder's Court the one officer has more than 200 persons on probation, so that he can do little more in supervising them than to require them to report. In the county probation department there were on September 30, 1936, 1,553 persons on probation and only 9 officers including the chief and the officers doing only clerical work, making thorough case work impossible in most cases. The officers visit the homes only of probationers under 21 years of age, and supervise the others by requiring them to report at weekly or bi-weekly intervals. This department, however, collected $62,148.20 in 1935-36 from probationers for the support of abandoned children, $4,628.85 for court costs and $1,285.42 in restitution. The meager provision made for probation service in the state courts, and the absence of good standards for qualifications of officers and methods of appointment, is to be contrasted with the excellent quality of probation service in the three Federal district courts in Georgia. Case loads there also are still much too high; but all but one of the probation officers are university graduates, and some of them had additional training in schools of social work. Pre-sentence investigations are made in most cases, with well prepared written reports to the court. Systematic follow-up work with probationers is done. Extension of the service with branch offices is being planned. The development of adult probation in Georgia has lagged partly because the responsibility has been left entirely to th;! 140 JouRNAL OF THE SENATE, counties, few of which are large enough to make adequate provision for such service and manv of which are too small to need even one full-time probation officer. It is being more widely recognized all over the country that the State has a responsibility for the development of adult probation work. The criminal laws are enacted by the State. Defendants sentenced to longer terms of imprisonment are in most states, and should be in all states, cared for in state-controlled institutions, partly or wholly at the expense of the State. Probation is an integral part of the State's machinery for the protection of the public against crime, and it is to the interest of the state as a whole that good administration of the en tire penal system should be provided. in every part of Georgia. All probation work has for many years been conducted by state departments in Rhode Island and Vermont, and for adults in Wisconsin, except in Milwaukee County. Minnesota is extending probation service by the state to all except the larger counties. Completely state-paid and stateadministered systems of adult probation have recently been established in Kentucky, Tennessee, )i"orth Carolina, and Utah, combined with the administration of parole, except in );forth Carolina. ~ew Hampshire is now organizing a state department of probation, Missouri a department of ptobation and parole. The economy of combination with parole is obvious. Georgia's new public welfare law requires the county welfare departments to give probation service at the request of any court, but the departments have only recently been organized and no adult probation service has yet been rendered by them. In view of the time required in administering the social security acts, it is doubtful whether the welfare departments can render adult probation service in many counties without considerably increased personnel. Most of the county welfare workers are women, more acceptable for work with children, including juvenile court probation, than for dealing with men convicted of crime. Adult probation service can more appropriately be combined with adult parole than with juvenile probation. A STATE DEPARTMENT OF .-\DULT PROBATION AND PAROLE It is recommended that Georgia set up a state department of adult probation and parole, with a director in charge and a staff MoNDAY, NovEMBER 22, 1937. 141 of full-time officers paid by the State. Authority should be continued for the larger and wealthier counties to maintain their own probation departments if they desire, and the state officers should obtain such cooperation as is practicable from welfare departments. SUMMARY 1. The adult probation law should be amended so as to confer upon the judge, without requiring recommendation by the jury, discretion to use probation in any case, whether felony or misdemeanor, except for offenses punishable by life imprisonment or death. 2. The Georgia concept of probation as a sentence is sound in theory, but results in some cases in unduly short periods of probation or of imprisonment upon violation of probation. These ill effects would be in part eliminated by authorizing the use of probation in felony cases without reduction to misdemeanor, but can wholly be overcome by amending the law so as to base probation upon suspension of a sentence of imprisonment. 3. The probation service is extremely inadequate. There should be established a state agency to administer probation for the courts, in combination with a state parole service. 4. With amended laws for the use of probation and the establishment of adequate probation service, it may be expected that the prison population of the state will be somewhat reduced and better protection afforded against the spread and development of crime. PAROLE ELIGIBILITY AND AUTHORITY Defendants convicted for the first time of felony (except in cases of life imprisonment') must be given indeterminate sentences with minimum and maximum terms fixed by the jury (or by the court on pleas of guilty) within the statutory limitations prescribed for the offense.2 Second offenders must be 1Life imprisonment may be imposed for treason, insurrection, murder, foeticide, rape, arson and castration. 2Sec. 27-2502 and 2503. Ga. Code, 1933. 142 JouRNAL oF THE SENATE, sentenced for the longest term authorized by statute for the offense. 1 The state constitution does not ll}ention parole. The statutes, however, provide that "no parole or conditional pardon shall be granted any prisoner until he shall have served at least the minimum sentence fixed by law as punishment for the crime for which he has been convicted. No parole shall be granted, under the provisions of this chapter, to anyone serving a life sentence for treason, arson, rape or assault with intent to rape. No prisoner serving a life sentence for any other crime shall be granted a parole, under the provisions of this chapter, until he shall have served at least 3 full years."2 The statutes also provide that "the prison commission,3 with the approval of the Governor, shall have full power to fix and prescribe the rules and regulations under which applications for parole or conditional pardon shall be made and heard, but no parole shall be granted save upon the recommendation of every member of the commission and on approval of the Governor, and only upon the prison record of said prisoner and his history before his conviction for a crime."4 The indeterminate sentence law, however, (of later enactment) provides that in cases of prisoners sentenced thereunder "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." This section is construed as mandatory. \Ve thus have in Georgia two sets of parole regulations. (1) Prisoners serving indeterminate sentences must be released on parole by order of the Prison Commission after serving their tSec. 25-2711, Ga. Code, 1933. On December 31, 1936, there were in the penitentiary system 4,653 felony prisoners, of whom 762 were serving life sentences, 1,147 serving definite terms and 2,744 serving indeterminate sentences, with minimum and maximum terms fixed by the court or jury. 2Acts of 1919, p. 106. (Sec. 77-5504, Ga. Code, 1933). 3Composed of three members chosen at each general election; with the addition in 1937 of the Governor and the Chairman of the State Highway Commission, ex officio. The three elected members continue to hold the parole hearings. Sec. 77-5504, Ga. Code 1933 (Act approved Sept. 9, 1908). 5Sec. 77-502, Ga. Code 1933 (Acts 1919, p. 387). Of the 2,744 prisoners serving indeterminate terms on December 31, 1936, the minimum terms fixed by the court were I year in 298 cases; 172 years in 12; two years in 598; three years in 486; four years in 275; five years in 521, and more than ten years in 165. MoNDAY, NovEMBER 22, 1937. 143 m1mmum terms less good time, if any, and provided they have employment. (2) Prisoners sentenced for life or for definite terms (second offenders) may be paroled, within statutory limitations, in the discretion of the prison commission, but their unanimous consent and the approval of the Governor are required. PAROLE ADMINISTRATION The Prison Commission sits as a parole board the first week of each month. Paroles at expiration of minimum fixed by the court are given only clerical attention, if the applicant has an employment agreement and a good prison record. Applications for paroles before expiration of minimum term fixed by the court, or in cases where no minimum term has been imposed, are subjected to public hearings, and notice must have been posted in the county court house for 30 days. The statutory minimum for the offense must have been served. The prisoner must submit an agreement signed by the propose<;l. employer, affidavits from three citizens certifying to his good character before conviction and a statement of perfect deportment as a prisoner during the preceding 12 months. The board has before it an abstract of proceedings at the trial, and the written approval of the trial judge and solicitor general are required. Petitions from jmors are given much weight. The prisoners are not interviewed by the Board. The Governor, however, has recently ordered that all applications for clemency be accompanied by a report from the Federal Bureau of Identification, based upon fingerprint rec01 ds. INvESTIGATION AND SuPERVISION There are no parole officers, so that no independent investigations of parole or conditional pardon cases can be made. ~o investigation is attempted of the proposed employments, and it is reported that in some instances parolees are retained by their employment sponsors for only brief periods. ~-\11 parolees are required to submit monthly wtitten reports for the first 12 months, countersigned by their employer. If such report is not received, the employer is notified. If he replies that the parolee has absconded, a warrant is issued; but if no reply is received 'See page 71. 144 JouRNAL OF THE SENATE, nothing is done about it. Iflater, however, the parolee is charged with a new offense his failure to report will be taken into consideration. ExTENT oF UsE About half the releases of felom' prisoners are by way of parole. During the past six years the num her of" indeterminate paroles" has remained about the same, the process being automatic; but the number of prisoners paroled while serving definite sentences has more than doubled during the last two bienniums. TABLE 11-GEORGIA PENAL SYSTEM: METHOD OF RELEASES OF FELONY PRISONERS. Methods of Release I ~otal _____________________________ Discharged ____________________________ E s c a p e d _______________________________ Died___________________________________ Returned for new triaL _______________ Pardoned and commuted______________ "Paroled" _____________________________ "Indeterminate Parole" _______________ 1931-32 3,614 I 602 618 117 7 363 560 1,347 1933-34 4,447 979 872 103 9 562 517 1,405 1936-36 4,628 664 821 114 13 492 1,192 1,332 Some misdemeanants are also paroled by the prison commission, on request of the trial judge and county solicitor general, but the number of such cases is not reported. RECO\!MENDATIONS FOR IMPROVEMENT Obviously, the parole system is seriously defective. For its improvement, the following suggestions are offered: (1) :\utomatic paroles to prisoners who have completed their minimum terms should be abolished, and all parole cases should be considered on their merits. (2) The parole board should be required by law to consider the case of every prisoner when he becomes eligible, and at intervals thereafter. The adoption of eligibility rules should be a function of the board, within only broad statutory limitations. Applications for parole would thus become unnecessary, and should not be permitted. The Governor would be relieved MoNDAY, NovEMBER 22, 1937. 145 of much burdensome and unnecessary work, and every prisoner would be assured automatic consideration of his case on its merits, but this procedure would not in any way favor the premature release of serious offenders. (3) No one should be permitted to appear at parole hearings but the prisoner and necessary employees of the board or of the prison. Arguments of attorneys and others should be submitted in writing, with affida,vits stating the amount of any fee paid and by whom. (4) The parole board should interview the prisoners. This may be impracticable while state prisoners are held in the numerous county road camps now in operation, but it will become practicable if all felony prisoners are transferred, as proposed, to a smaller number of camps and institutions to be operated by the State and if there is a full-time paid parole board. In the meantime parole hearings should be held at the institutions now operated by the State. (5) There should be thorough independent investigations by the board of all applications for parole. The board should not be compelled, as it is at present, to rely so largely upon the pleas of attorneys and the recommendations of county officials. Trial stdges and prosecutors should be required to report the circumjuances of each prisoner's offense, and their judgment as to granting parole should be given fair consideration. Under a system of adult parole and probation as recommended in this report, the field officers should be required to submit a written report regarding each prisoner committed to the state, with full information as to the circumstances of the offense, the social history, employment record and family life of the offender, and all other relevant facts. When the prisoner comes up for parole this report should be considered by the board together with the nature of the offense, the sentence imposed, the recommendations of the trial court, the offender's conduct and progress in prison and his present physical and mental condition. The field parole officer should also at that time investigate the proposed employment and home situation. (6) Parole preparation should begin with the prisoner's admission to a penal institution. His work assignment, educa- 146 JouRNAL OF THE SENATE, tion and physical care should be determined not only by the requirements of discipline and finances, but also with reference to his rehabilitation. We are likely to forget that more than 90 percent of all prisoners committed are coming back to us at some time, whether by parole or after serving their full sentences. (7) There should be real supervision of parolees. Qualified officers will not only check up for possible misconduct but will also help parolees to get suitable jobs, counsel with them, gain their confidence and respect, and so far as practicable enable them to complete their parole periods with a determination to remain lawabiding. ADMINISTRATIVE CHANGES NEEDED FOR PROBATION AND PAROLE Radical changes clearly being needed in the probation and parole administration of Georgia, the state should seek to secure the best possible. The minimum essentials will include: 1. A FULL-TIME PAID PAROLE BOARD. The Prison Commission might serve in this capacity if relieved of the administration of the prison system as recommended elsewhere in this report. There are many excellent reasons for separating the paroling authority from the control of the penal institutions. 2. The parole board should eventually be appointive instead of elective, in order that it may not be directly submitted to political pressure and in order that members may be obtained who are specially qualified but who may not care to engage in the hurlyburly of political campaigns. 3. There should be established a state office to administer adult parole and probation, in charge of a director appointed by the parole board, with a staff of probation-parole officers, one to be located in each of the 33 superior court districts. 1 This 1This is the minimum number that should be considered, even assuming that local probation departments will be continued in Fulton and in three or four smaller counties. About 1,200 parolees are now being released annually, and (in 53 counties) about 10,000 probationers by the superior courts and 15,000 by the city courts. In felony cases alone, about 4,000 probationers are released annually in these counties. The parolees alone, all of whom must be supervised by the state officers, will call for a staff of 24 officers, with a case load of 50 for each officer, (the generally accepted proper maximum number) even if the average period of supervision is only one year. Wisconsin has 38 state probation-parole officers, and Milwaukee is served by a local system. Kentucky has 38. Tennessee has 8, admittedly much too small a number. North Carolina has recently appointed 13, for probation only, and plans to increase the number to 21. MoNDAY, NovEMBER 22, 1937. 147 office would serve the judges and the parole board in the investigation and supervision of cases. It is of the utmost importance that the director and staff be selected for merit through competitive examinations. The success of the work will depend largely upon the quality of the personnel. Probation and parole work call for a high degree of competence and skill. While certain personal qualities are indispensable, education and training are also important. 4. Certain changes in the probation, parole and sentencing laws of the state are needed, as previously indicated in this report. The courts should be given broader discretion in the use of probation in felony cases. Parole should not be mandatory in any case. The parole board should be given authority to order parole without the concurrence of the Governor, and should be authorized to adopt rules regarding eligibility for parole, with only broad statutory limitations. It is important not only that gangsters and other dangerous prisoners be kept in custody, but also that offenders who are not confirmed criminals be released before they have been demoralized by association with vicious criminals-or preferably given a trial on probation without being subjected at all to such associations. REDUCTION IN THE PRISON PoPULATION THROUGH IMPROVED PROBATION AND PAROLE l\iACHINERY :\'o definite estimate can be made of the extent to which better facilities for administering probation and parole might be expected to reduce the prison population, but it may be predicted that some reduction should follow. Some defendants who are now so released on probation would on thorough investigation be found more suitable for institutional care; but with broader authority to use probation in felony cases and with the assurance that all placed on probation would be adequately supervised and violations of their probation promptly reported, there is little doubt that the judges would feel it safe to use probation more freely than at present. The prison population on December 31, 1936 included 879 prisoners under 21 years of age, 203 of whom were under 18 and 24 under 16; 4 were only 13 years of age; 3278 or more than 148 JouRNAL oF THE SENATE, two-thirds of the 4653 prisoners on that date, were recorded as serving their first prison term. This seems like a very large proportion of first termers, and the figures may be based upon incomplete criminal records of some prisoners; but it is fair to assume that a large proportion of the more youthful first termers might better have been given a trial on probation, if facilities had existed for their thorough investigation and careful supervisiOn. As to the effect of better parole facilities on reducing the prison population, no very ccnfident prediction can be made. The effect of giving the parole board discretion in all cases, as herein recommended, :nstead of requiring that prisoners serving indeterminate sentences must be paroled at the expiration of their minimum terms, would undoubtedly result in retaining some of these offenders in prison for a longer time. On the other hand, the provision of adequate facilities for the supervision of parolees would properly extend the use of parole, as the parole board would be assured that all parolees would be carefully supervised and violations promptly reported. Parole is indeed the best and safest method of release from prison; it is better than any prisoner who must eventually be released (as nearly all of them must be under the law) should be placed under supervision for a time instead of being sent out scot-free with no further accountability to the State. The effects of better probation and parole administration on the reduction of recidivism are also to be considered. If parole and probation mean only that offenders are released with a promise to be good and then sent back to the same evil influences which have contributed to their first offenses, it is to be expected that many of them will drift again into crime; but if they are supervised and guided by really competent officers selected for merit, many of them can be effectually directed in establishing themselves with better prospects of con tinning to be law-abiding citizens than they had previously. Good probation and parole are constructive aids to the community in the prevention of cnme. Upon motion of Mr. Sutton of Wilkes the joint session of the MoNDAY, NovEMBER 22, 19:37. 149 General Assembly was dissolved, and the Senate returned to the Senate Chamber. The President called the Senate to order. Upon motion of Senator Williams of the 5th District, the President appointed the following members of the Senate to attend the funeral of Hon. Howard E. Coffin in Brunswick, Georgia: Senators Williams of the 5th District, and Atwood of the 2nd District. The hour of adjournment having arrived the President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. 150 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA. TuESDAY, NovEMBER 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 Harrison of the 17th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Jones of the 38th District, Vice-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 52nd 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, following the first part of the period of unanimous consents, all Senators having bills and resolutions to introduce be permitted to do so at that time; and that all bills favorably reported by the Senate be given a second reading. The consent was granted. Senator Pope of the 7th District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Amendments to the Constitution, read the second time, and recommitted to the same committee: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- Senate Bill No. 1. A bill to provide for exemption from ad valorem taxation of certain personal property to an amount not exceeding $300.00, and for other purposes. TuESDAY, NovEMBER 23, 1937. 151 By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- Senate Bill No. 2. A bill to provide for a Homestead Exemption from taxation in the sum of $2,000.00, and for other purposes. The consent was granted, the bills given a second reading and recommitted to the Committee on Amendments to the Constitution. 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 same committee: By Senators Shedd of the 3rd District, Knabb of the 4th District, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District- Senate Bill No. 4. A bill to amend Code Section 22-413 so as to provide for the incorporation of Timber Protective Associations, and for other purposes. The consent was granted, the bill given a second reading and recommitted to the Committee on Conservation. Senator Ennis of the 20th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Finance, read the second time, and recommitted to the same committee: By Senator Ennis of the 20th District- Senate Bill No. 5. A bill to create and prescribe the powers and duties of a State Civil Service Commission, and for other purposes. The consent was granted, the bill given a second reading and recommitted to the Committee on Finance. Senator Lindsay of the 34th District asked unanimous consent that all General Bills and General Bills with local application when reported favorably by committees be printed or 152 JouRNAL OF THE SENATE, mimeographed and placed on each Senator's desk in ample time to permit study before consideration of the bill. There was objection. 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. 6. A bill to amend the Constitution so as to authorize the City of Savannah to incur an additional bondage indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Pruett of the 32nd District- Senate Bill No. 7. A bill to amend Section 78-204 of the Code by providing pensions to widows of Confederate Veterans who married prior to 1920, and for other purposes. Referred to Committee on Pensions. By Senator Pruett of the 32nd District- Senate Bill No. 8. A bill to amend Code Section 92-1410 so as to provide for the payment of gasoline tax on a monthly basis to the counties, and for other purposes. Referred to Committee on Motor Vehicles. The following resolutions of the Senate were introduced, read the first time, and referred to the committees: By Senator Terrell of the 19th District- Senate Resolution No. 4. A resolution amending the rules of the Senate by providing that no bills, resolutions or other matters be passed upon after 8 P. M. C. S. T. unless the yeas and nays be recorded, and for other purposes. Referred to Committee on Rules. By Senator Terrell of the 19th District- Senate Resolution No. 5. A resolution changing the rules of the Senate by requiring a call of the yeas and nays before the TuESDAY, NovEMBER 23, 1937. 153 passage of bills during an extraordinary sessiOn, and for other purposes. Referred to Committee on Rules. By Senator Terrell of the 19th District- Senate Resolution No. 6. A resolution amending the rules of the Senate with reference to the Conference Committees and their powers, and for other purposes. Referred to Committee on Rules. Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report: Mr. President: Yo.ur Committee on Highways and Public Roads have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 3. Do pass. Respectfully submitted, PHILLIPS, Chairman. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- Senate Bill No. 3. A bill to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes. Senator Atkinson of the 1st District asked unanimous consent that Senate Bill No. 3 be mimeographed or printed and placed on the desk of each Senator. The consent was granted. 154 JouRNAL oF THE SENATE, On motion of Senator Atkinson of the 1st District that the Senate meet on Thursday, Thanksgiving Day, and Friday of this week the ayes were 24, nays 5, and the motion prevailed. The President announced that the Senate stood recessed subject to the call of the Chair. The President called the Senate to order. The following resolution of the Senate was introduced, read the first time, and referred to the committee: By Senator Lindsay of the 34th District- Senate Resolution No. 7. A resolution to amend the rules of the Senate by adding a rule to be known as Rule 43-A, providing for the printing or mimeographing of all bills and resolutions having the effect of law, except purely local bills, which are reported favorably by committees during any extraordinary session of the General Assembly. Referred to Committee on Rules. Senator Lindsay of the 34th District asked unanimous consent that the Committee on Rules be discharged from further consideration of Senate Resolution No. 7 and that same be reported back to the Senate and acted upon immediately. The consent was granted. Senator Lindsay of the 34th District moved that Senate Resolution No. 7 be adopted. The resolution was adopted without a dissenting vote. 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 10:00 o'clock tomorrow morning. \VEDNESDAY, NovEMBER 24, 1937. 155 SENATE CHAMBER, ATLANTA, GA., 'WEDNESDAY, NovEMBER 24, 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 Chaplain. Senator Millican of the 52nd 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 Purdom of the 46th 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, following the first part of the period of unanimous consent, all Senators having bills and resolutions to introduce be allowed to introduce them at this time; and that all bills favorably reported by the Senate Committees be given second reading. The consent was granted. The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senator Millican of the 52nd District- Senate Bill No. 9. A bill defining building and loan associations, and for other purposes. Referred to Committee on Banks and Banking. Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. President: Your Committee on Motor Vehicles have had under con- 156 JouRNAL OF THE SENATE, sideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 8. Do pass. Respectfully submitted, SuTToN, Chairman. Senator Atkinson of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report: Mr. President: Your Committee on Rules have had under consideration the following resolutions of the Senate and have instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 4. Do not pass. Senate Resolution No. 5. Do not pass. Senate Resolution No. 6. Do not pass. Respectfully submitted, ATKINSON, Vice-Chairman. Senator Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report: Mr. President: Your Committee on Amendments to Constitution have had under consideration the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 1. Do pass, by substitute. Senate Bill No. 2. Do pass, by substitute. Senate Bill No. 6. Do pass. Respectfully submitted, PoPE, Chairman. WEDNESDAY, NovEMBER 24, 1937. 157 Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report: Mr. President: Your Committee on Pensions have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 7. Do pass. Respectfully submitted, KIMBROUGH, Chairman. 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. 6. A bill to amend the Constitution so as to authorize the city of Savannah to incur additional bondage indebtedness, and for other purposes. By Senator Pruett of the 32nd District- Senate Bill No. 7. A bill to amend Section 78-204 of the Code by providing pensions to widows of Confederate Veterans who married prior to 1920, and for other purposes. By Senator Pruett of the 32nd District- Senate Bill No. 8. A bill to amend Code Section 92-1410 so as to provide for the payment of gasoline tax on a monthly basis to the counties, and for other purposes. The following bill of the Senate was read the third time and put upon its passage: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and others- Senate Bill No. 3. A bill to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes. 158 JouRNAL oF THE SENATE, Senators Harrell of the 12th District, Lindsay of the 34th District, and Atkinson of the 1st District offered the following amendment to Senate Bill No. 3: By striking the words "but that" in the second line of Section 6 and inserting in lieu thereof "but a summons specifically setting out the charge shall be issued and." The amendment was adopted. Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 3: By adding at the end of Paragraph 7 the following words: "No officer receiving a salary shall receive any fees for arresting or attending court in any case arising under this act; but the usual fees shall be assessed and if the arresting officer is not entitled to the costs, the same shall go to the county or city to which the fine is paid." 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 40, nays 2. The bill having received the requisite constitutional maJontr was passed, as amended. Senator Thrasher of the 27th District moved that the Secretary of the Senate be instructed to obtain from the Attornev General a ruling as to whether or not, under the Constitution~! Amendment providing for a Homestead Exemption, the amount of the exemption must necessarily be $2,000.00. The motion prevailed. Senator Pruett of the 32nd District moved that the following bill of the Senate be recommitted to the Committee on Pensions: By Senator Pruett of the 32nd District- Senate Bill No. 7. A bill to amend Section 78-204 of the Code by providing pensions to widows of Confederate Veterans who married prior to 1920, and for other purposes. wEDNESDAY, NovEMBER 24, 19:37. 159 The motion prevailed and the bill was recommitted to the Committee on Pensions. Senator Flynt of the 26th District moved that further action of Senate Bills Nos. 1 and 2 be deferred until Friday, November 26th, 1937. The President ruled the motion by Senator Flynt out of order due to the fact that the bills in question were not up for third reading at this time. Senator Flynt of the 26th District moved that no General Bill shall be taken up for consideration and passage on Thursday, November 25th, 1937. The motion prevailed. Senator Harrell of the 12th District moved that when the Senate adjourn today that it stand adjourned until 10:00 o'clock Friday morning, November 26th, 1937. The motion prevailed. 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. John S. Wood of Canton, Georgia, a former member of Congress from the 9th Georgia District. By Senator Spivey of the 16th District- A resolution extending the privileges of the floor to Hon.Rush Burton of Lavonia, Georgia, a former member of the General Assembly and a prominent newspaper editor. Senator McKenzie of the 48th District moved that the Senate do now adjourn. The motion prevailed. The President announced that the Senate stood adjourned until 10:00 o'clock Friday morning, November 26th, 1937. 160 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., FRIDAY, NovEMBER 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 Wednesday's proceedings had been examined and found to be correct. Senator Millican of the 52nd 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, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills favorably reported. 4. First reading and reference of House bills, if any. 5. Putting on passage bills and resolutions ready for third reading and passage, under the rules. The consent was granted. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Robinson of the 13th District- Senate Bill No. 10. A bill to amend Code Sections 36-1104, FRIDAY, NovEMBER 26, 1937. 161 No. 36-1115 and No. 95-1715 with reference to the condemnation of roads by the Federal Government, State and Counties, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Forester of the 44th District- Senate Bill No. 11. A bill to amend the charter of the City of Trenton, and for other purposes. Referred to Committee on Municipal Government. By Senator Atkinson of the 1st District- Senate Bill No. 12. A bill to amend Code Section 22-1504 with reference to the ownership of land by foreign corporations, and for other purposes. Referred to Committee on Conservation. The following privilege resolution was read and adopted: By Senator Allen of the 31st District- A RESOLUTION Whereas, Almighty God, in His divine providence and wisdom has called to rest Hon. J. C. Edwards, of Clarksville, Georgia. He was eighty-two years of age, a former Senator from the 31st District and for several years a member of the House. Therefore, be it resolved by the Senate that we extend to his loved ones our sincere sympathy and pray that our Heavenly Father will comfort them in their loss. Be if further resolved, that a copy of this resolution be sent to the family and a copy be entered upon the Journal. The Special Joint Committee provided for by the regular 1937 session of the General Assembly to study the subject of taxation, submitted the following report: 162 JouRNAL OF THE SENATE, REPORT OF LEGISLATIVE TAX COMMITTEE GovERNOR E. D. RIVERS, HoN. JoHN B. SPIVEY, President of the Senate, And HoN. RoY V. HARRIS, Speaker of the House, Your Committee, Appointed Under Joint Resolution, No. . . , by the President of the Senate and the Speaker of the House, to study Georgia's Tax System, and to report its findings and its suggestions for reforming it, so as to make it a more equitable, just and modern one, beg leave to submit the following report: The committee did not set out to find new sources of revenue, to be tacked upon the present system, and to be heaped upon the taxpayers of the State. vVe believe the time has come for genuine tax revision, and are unwilling to suggest merely make-shift measures. From the very start, the purpose of the committee has been to unify, integrate, and re-adjust our system of taxation, so as to more equitably distribute its burdens. We believe if our recommendations are enacted into law, our purpose will have been largely accomplished. At the same time, we believe an abundance of revenue will flow into the treasury of the State, ample for all her needs. We have tried to appro~ch our task from the practical angle; as realists and not as wishful thinkers. We have had in mind at all times, as a back ground for our work, the theories and sound canons of taxation developed and announced by the great economic theorists from the time of Adam Smith and John Stuart Mill. Nevertheless, we have had ever uppermost in our minds the practical side of the problems involved; and the solutions offered, we believe, are practical and workable. To this end we have consulted with, and received invaluable assistance from the tax assessing and collecting officials of our own state, as well as those of several of our sister states, notably Virginia, North Carolina, Florida, Kentucky and Indiana. Furthermore, we have tried to keep in touch with the taxpayers themselves. From the latter, we have learned that the universal demand is for economy in governmental affairs. The people are willing FRIDAY, NovEMBER 26, 1937. 163 to pay their taxes for the support of the institutions of the State and for the humanitarian program launched by the present administration in cooperation with the Federal Government. This program has now become the program of the Democratic Party in the State, and of the people of the State. It has been approved, not only by the Legislatur~, the representatives of the people, by the people themselves in the General election of June 8th. It is now their program, and they are willing to support it. But they are demanding that their tax funds be spent economically, and without waste and administrative inefficiency. The demand is that every useless employee in the State Government be eliminated, and that the inefficient ones, if any there be, be replaced with capable and efficient ones. In this connection, we most heartily approve the suggestion of the Governor that a commission, composed of citizens of its State and members of the General Assembly, be appointed to investigate this matter and suggest where economies can be effected without loss of efficiency. I A. After careful consideration, we are convinced that nothing would so increase the confidence of the people in their government, as a re-organization and consolidation of the tax collecting agencies of the State. We found in most of the States whose revenue collecting agencies we studied, responsibility for the collection of state revenue placed upon one official, usually designated a State Tax Commissioner. Experience has shown that in the states referred to, such an official, appointed by the Governor, and approved by the Senate, has eliminated much duplication ofeffort, many superfluous employees, and has effected great economies in the collection of State Revenues. As a result of years of unplanned legislation, the collection of taxes due the State is handled in a manner that indicates everything but economy and efficiency. Practically every department of our State Government handles the collection of some particular tax. A study of our present collecting agencies will reveal the fact that there are numbers of inspectors and collectors going about over the State, performing services that could be rendered by a much smaller group of men, In fairness to this 164 JouRNAL OF THE SENATE, administration it should be said that this is not the fault of the persons in charge of these agencies, but is due largely to the fact that the General Assembly has, from time to time, divided the responsibility of collecting taxes until almost every department of the State is charged with the collection of some particular tax, and has necessarily had to employ men to carry out the duties assigned to them. Specifically, we recommend that the Revenue Commission be abolished and every department of the State be relieved of the responsibility of collecting revenue for the State. We recommend that there be created the office of State Tax Commissioner; that such commissioner be appointed by the Governor, and confirmed by the Senate; and that he be charged with the collection of all taxes due the State. We recommend that the expenditures permitted for the payment of salaries, expenses and over-all costs of collection of all taxes be limited to such sum as is necessary, not to exceed 3% of the revenue collected. B. We find that there has never been an adequate check on stamps, licenses, tags and other evidences of the payment of taxes. They are issued promiscuously and there is no way of determining whether or not payment is received for all such issued. We therefore recommend that all stamps, tags, licenses and other evidences of the payment of taxes be issued by the Purchasing Department and requisitioned therefrom by the department which issue the same to the taxpayers. We recommend that every department requisitioning any such stamps, tags, licenses, etc., be required to give to the Treasury Department a strict accounting for the proceeds derived from the sale of same. In this manner a check will be had so as to assure the State that it is actually receiving the revenue therefrom to which it is entitled. We believe that these two recommendations should be adopted, whichever of the two alternative methods of tax revisions hereinafter recommended, is accepted. II After careful and mature deliberation, we are of the opinion that if we are to have tax revision and reformation, and not FRIDAY, NovEMBER 26, 1937. 165 merely a patch-work of crazy-quilt affair, the General Assembly must choose between two distinct solutions of our problems. Briefly stated, the two solutions are as follows: First, the State may retain the ad valorem tax for State purposes, with our assessment and collection administration so revised and changed as to make assessments and appraisals equitable and fair throughout the State, and bring unreturned property to the digest. Unless these changes are made, the ad valorem system cannot be the basis of a fair and equitable system. Second, the State may abandon the ad valorem system to the counties and other subdivisions, substituting in its place a sales tax, gross receipts, or gross income tax, or some such overalllevy. At the same time, the State would abandon all licenses and occupation taxes to the municipalities, except professional and other regulatory licenses. III We will discuss the two suggested solutions in the order named. First, the ad valorem system for State purposes: This has long been Georgia's chief source of revenue, aside from the revenue from the motor fuel tax which is, of course, levied for, and allocated to, a special purpose. From every side we hear the general property tax criticized and condemned. After studying these criticisms, we are convinced that the faults of the system are administrative. After all, the possession of property is one of the best indicia of ability to pay, which is acknowledged by all economists to be the basis upon which every tax system should be built. In the past, the general property tax has been collected principally from the owners of real estate and tangible personal property, intangible property going almost "scott free". We believe this situation will be remedied as soon as the Constitutional amendment adopted on June 8th is put into effect allowing the chissification of property for taxation. Present rates upon intangible property cannot be enforced, for intangibles may and do take the "wings of the morning and flee to the uttermost parts of the earth". Besides, the present rates are confiscatory, with the result that the General Assembly 166 JouRNAL OF THE SENATE, has wisely refrained from enacting such administrative measures as would make the collection of the tax upon intangibles effective and productive. \Vith low, reasonable rates upon this form of wealth, which has increased so rapidly in volume in the last few years, we believe the General Assembly should not, and will not, hesitate to put teeth into the law for the return, assessment and collection of this tax. It must be remembered that the general property tax is not only a flexible one, (i.e. in which the revenue produced is increased or decreased promptly as the rate is raised or lowered); but it is also a most stable source of revenue (i.e., one that may be depended upon in periods of depression as well as in periods of prosperity). In view of the many additional burdens which the State has just assumed in entering into the social security program, the expanded educational program, free text books, not to mention the greatly increased appropriation to public health, can she afford to abandon the ad valorem tax for other and untried sources of revenue? But if we are to retain the General Property Tax for State Purposes, we do most insistently recommend a drastic change in the present mode of assessment and collection of this tax. \Ve believe that the dissatisfaction with, and the condemnation of, the general property tax comes about largely because of the inequitable and slip-shod methods of assessment; or rather the lack of any scientific assessment. As a matter of fact, in Georgia, every taxpayer is his own assessor. Our local official is a receiver and not an assessor. This is little more than a "pass the hat" method. Correct this, thereby eliminating the inequalities and injustices of the system, and you have put the tax upon a sound and scientific basis. We believe this revision of the general property tax would produce a stable and flexible revenue, not only for the State, but for the counties and school districts as well. Of course, all assessments would be made up.on a basis of true market value. Should the total digest be thereby greatly increased, as we are confident it would be, the State and each subdivision could, and the people would see that each did, greatly reduce the rate, thereby adjusting the revenue to the budget requirements of FRIDAY, NovEMBER 26, 1937. 167 the State, County or other subdivision affected. This would be of inestimable advantage in attracting new capital and industries to the State. At present, tax rates seem so high that industries and capital are not attracted to the state. The knowledge, too, that assessments were uniform, and that there was no discrimination, between counties or individuals, would t~d to convince prospective citizens of the stability and justice of our tax system. From the assessment made by the assessing unit, there should, of course, be an appeal to a county board of tax appeals, or to the State Board of Tax Appeals. The findings of the Board of Tax Appeals should be final, except for appeal to the courts upon matters of law. This would eliminate the system of arbitration now in vogue, which is nothing more nor less than a kind of "horse trading" procedure. \Ve submit that the determination of the correctness of assessments should be upon a scientific basis, and should not be such a' hit or miss' affair as is our present system. Instead of disturbing the present local set-ups, the same results might be accomplished, in part, by giving the State Tax Commissioner the right to supervise the work of the local tax assessing unit; and to correct, upon appeal, or on his own initiative, apparent and gross errors or injustices that come to his attention. The proper State agency should make recommendations as to forms, methods and rules of assessment for the aid and guidance of the local officials, as well as methods for getting unreturned property on the digest. \Ve believe the problem of assessment is especially important in view of the homestead exemption program upon which the State has embarked. Florida, with a S5,000 exemption, has found that the uncertainty about the basis of assessment has led to "confusion worse confounded." \Ye believe a scientific and uniform system of real estate assessment is absolutely essential when putting the exemptions into effect. The system of arbitration of the assessments of the property of public utilities should be abolished. The assessment should 168 JouRNAL OF THE SENATE, be final, after the utility involved is given the right to appear and protest the assessment. Again the system of' horse trading' should be done away with, and the assessments and the determination of their correctness put upon a scientific basis, by allowing an appeal to the State Board of Tax Appeals. Out of numerous arbitrations had it is our best information that the state has never won but two. IV This brings us to a discussion of the Second method of tax revision, to-wit, the abandonment of the ad valorem system of taxation for State purposes, with the substitution therefor of a sales tax or, gross receipts tax, or gross income tax. One advantage of this suggested method of revision, is that the sources of State and County revenue would be separated, doing away with the necessity for the State's supervising the Assessment of property. However, this would leave the counties in the same chaotic condition as to assessments as now exists and might mean higher tax rates in the local subdivisions. Another advantage urged for this method of revision, is that real estate would be further relieved of the burden of taxation. It must be remembered, however, that the homestead exemption is offering a great measure of relief to real estate. Moreover, land is in the nature of a monopoly and the removal of the State tax on it might encourage holding it out of use. Another advantage urged for the Gross Receipts Tax or gross income tax is that it would force certain interests doing a large volume of business in the State to pay a larger share of the revenue. However, these firms are now paying the net income tax, which has been revised and the rates increased during the last session of the general assembly. Besides, the removal of the general property tax, would relieve the large utilities, foreign land holders, and other large holders of property in the State from paying their just proportion of the tax burden. Against the sales tax it is urged that it falls most heavily upon those least able to pay it, thereby reversing the cardinal principal of taxation that the tax system should be based upon ability to pay. If a gross receipts tax or gross income tax is FRIDAY, NovEMBER 26, 1937. 169 levied, it falls most heavily upon the great mass of business and industry, and would, we fear, in view of all the social security taxes now levied by the State and Federal Government, be the last straw. Especially is this true during periods of recession, such as we are now passing through. v The majority of your committee is convinced that if, and when, the foregoing recommendations of consolidated administration and revisions of assessments methods, or supervision thereof are adopted-then, and then only, the ad valorem tax should be retained. We believe it promises the fairest and most just system of tax revision. It has the advantage, too, that no additional permanent taxes would have to be levied, and ultimately promises the elimination of certain nuisances taxes now levied. If we are to have real tax revision, one of the alternatives suggested must be adopted. We do not recommend any halfway measures. Let us have the courage to face the problem fairly and honestly. Let us do our duty, fearlessly and impartially, without thought of special interests or pressure groups. Only by such courageous action, may be overcome the obstacles that will appear in our path, and thus achieve true tax reform for our State. VI There are certain other minor recommendations that we desire to make. A. In our preliminary report, which was unanimous, we suggested that the Highway Department be forced to take over the building and upkeep of all secondary roads in those counties desiring to surrender them to the State. We offered this suggestion in a sincere effort to affotd relief from the burden of county taxes. A tax of five or more mills is levied by local authorities for roads and bridges in most of the counties, in addition to the sums received from the State gasoline tax and from State road contracts. This expenditure far exceeds the entire state ad valorem 170 JouRNAL oF THE SENATE, levy for all purposes, and creates a local, deplorable situation which should furnish food for thought for all county taxpayers. Eventually, they will find relief in some such measure. B. Your committee has studied the Truck and Bus maintenance Tax, and beg leave to submit the following: Your committee recommends that, in the event a maintenance tax on trucks and buses is retained, it be consolidated with the present license tag, and trucks and buses be required to obtain only one tag. Your committee is not in accord on mileage tax. C. \Ve recommend that provision be made permitting payment of all ad valorem taxes in quarterly installments. This will not only afford relief to some taxpayers, but will make available immediately funds for the operation of the State Government. D. We believe that if the practice allocating state funds to particular purposes is extended, that a substantial stabilization fund should be set up in the State Treasury. VII Certain wealthy persons, and certain corporations, have left Georgia, we believe, not because of the amount of taxes levied, but because of the uncertainties, injustices, and inequalities of our system. \Ve have suggested such remedies as will remove these uncertainties and inequalities. The suggested revision will put Georgia's tax system upon a sound, fair, efficient and productive basis. Your committee expresses its thanks to those State officials who have offered suggestions for the improvement of our tax system, and who kindly offered constructive criticism of our ideas and proposals. Especially do we appreciate the help of Hon. W. B. Harrison, and Mr. Thrasher and l\1r. McCrory of his office. Mr. Grady Head and Mr. Rockmore of his office have also been of much help to the committee. Acknowledgment is made of the suggestions and help we have received from the Lutz Report, and from Professor Bryan's, "Analysis of the State's Financial Position." The Tax Commissioners of Virginia, North Carolina, Penn- FRIDAY, NovEMBER 26, 1937. 171 sylvania and Florida were most helpful. These gentlemen have the thanks of the entire committee for their help and advice. We are especially indebted to Mr. James W. Martin, Tax Commissioner of the State of Kentucky, for his invaluable help and encouragement. Governor Rivers has been most courteous, patient, and helpful to the committee, without seeking in any way to influence or color the committee's report. We have received much help also from the Speaker of the House, the President of the Senate, Mr. Kay, Chairman of the Appropriations Committee, Mr. Duke Davis, Mayor Hartsfield, Mr. Gullatt of the Fulton County Board of Assessors, and, especially from the Council of State Government, through Hon. H. W. Tell and his corps of assistants. In conclusion, we hope our suggestions may prove of benefit to the Assembly and the State. We have labored unceasingly to make our report comprehensive and constructive. Its results rest with the General Assembly, by whom the committee was created, and to which it surrenders its trust. Respectfully submitted, GuY D. JACKSON, Chairman. LEE S. PuRDOM, ALPHA FowLER, On the Part of the Senate. HENDERSON LANHAM, Vice-chairman, . . . . . . . . . . . . . ., Secretary, JOHN C. PARKER, On the Part of the House. MINORITY REPORT I concur in the recommendations with reference to methods of the assessment and collection of taxes. 172 JouRNAL OF THE SENATE, I disagree with the suggestion of a revision which would call of the enactment of a gross receipts, Gross income or sales Tax or any other new tax. It is my opinion that this is not the proper time to enter into any such course of legislation. I am unalterably opposed to any increase in taxes at this time or the enactment of any new tax measures at this session. On the contrary, I recommend that we operate under our present revenue laws and within our present income until we can definitely ascertain the revenue which will be derived under the tax increases voted by us at our regular session this year. It is my opinion that we should not make a change in our revenue set up until we know how much money is actually needed and until we actually know how much our new tax levies passed at the regular session will produce. ]AMES v. CARMICHAEL. Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report: Mr. President: Your Committee on Pensions have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No.7. Do pass. Respectfully submitted, KIMBROUGH, Chairman. Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 5. Do pass. Respectfully submitted, ENNIS, Chairman. FRIDAY, NovEMBER 26, 1937. 173 The following bill of the Senate was read third time and put upon its passage: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- Senate Bill No. 1. A bill to provide for exemption from ad valorem taxation of certain personal property to an amount not exceeding $300.00, and for other purposes. The committee offered the following substitute for Senate Bill No.1: PERSONAL PROPERTY An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks; to provide for a fee when application is filed; to provide for a record of exempted property; to provide penalties for fraudulent acts and for the repeal of existing laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That beginning January 1, 1938, the owner shall be exempted from all taxation, State, County, Municipal and School purposes, upon all clothing, household and kitchen furniture, and all other personal property used and included solely within the home, domestic animals, tools and implements of trade of manual laborers in the amount of Three Hundred ($300.00) Dollars in actual value, the said amount of Three Hundred ($300.00) Dollars of actual value to be exempted from taxation as hereinafter provided. Sec. 2. The exemption of property provided for by this Act shall not be exempted from taxation until and unless the persons seeking said exemption shall on or before April 1st of each year in which the exemption for taxation is sought, file a written application and schedule with the official of the County and/or Municipality of his residence charged with the duty of receiving 174 JouRNAL OF THE SENATE, property for taxation for County purposes and/or Municipal purposes. Sec. 3. The application provided for in this Act shall be furnished the official of the County charged with the duty of recetvmg property returns for taxation by the ComptrollerGeneral, and the application shall be furnished the official of the Municipality charged with the duty of receiving property returns for taxation by the proper municipal authorities. Said application shall cover all personal property owned by applicant which comes within the classifications provided for in this Act. Said application shall provide for an itemized list of all the principal items of such property showing the price or value when the same was purchased or acquired by gift; together with the actual value of same at the time application is filed. All other miscellaneous items of property not listed in detail shall show the approximate cost, together with the actual value of same at the time said application is filed. Said application shall contain such other information not inconsistent with the provisions of this Act that may be deemed necessary, together with a form of oath which may be administered and witnessed by the official receiving said application or any authorized deputy or any officer authorized by law to administer oaths. Sec. 4. That it shall be the duty of the said County and/or Municipal official to keep available a supply of the prescribed application forms, and to deliver one to any person who requests it. The said County and/or Municipal official shall receive all applications for exemptions and file and preserve the same. Said applications to be filed at the same time and place that tax returns on property subject to taxation is made and filed, and at the time said application is filed, the applicant shall pay the official receiving same, the fee of Twenty-Five Cents (25c), which shall be kept by said Receiver or Commissioner, except in those counties which furnish and pay the employees of such Receiver or Commissioner. Sec. 5. If the official receiving said application is dissatisfied with the valuation of any item or items thereof, he shall place such values in their stead as he thinks just and lawful and in cases where the total value of listed items as corrected by him FRIDAY, NovEMBER 26, 1937. 175 exceed the exemption provided for in this Act notify the owner of his action, either personally or by mail, and the value so determined shall be final, unless the owner within ten days from the date of said notice, demands in writing an appeal to the Board of Tax Equalizers of the County or Municipality, whose decision shall be final. Sec. 6. The total value of personal property as finally determined shall be credited with the exemption provided by law and the remainder, if any, shall be the taxable value of owners' personal property coming under the classification provided for in this Act, for the current year, to be returned for taxation as other personal property. Sec. 7. Whoever knowingly makes a willfully false statement or representation, or by any fraudulent ways or means obtain, or attempt to obtain, any exemption from taxation of any property of which he is not the rightful owner, or which is not legally exempted under the Constitution and laws of Georgia, or any person who aids or abets any person in the violation of this Act, shall be guilty of a misdemeanor, and punished as such. Sec. 8. If any provisions of this Act, or the application thereof to any person is held invalid, the remainder of the Act, and the application thereof shall not be effected thereby. Sec. 9. All provisions of law in conflict with this Act are hereby repealed. Senator Whitehead of the 30th District offered the following amendment to the committee substitute for Senate Bill No.1: To amend by striking after the word "filed" in line 7 of Section 4 all of balance of said section. Senator Lindsay of the 34th District offered the following amendment to the committee substitute to Senate Bill No. 1: To amend Section 5 of the committee substitute to Senate Bill No. 1 as follows: By striking after the word "tax" in line 8 the word "Equalizers" and substituting the word "Assessors." 176 JouRNAL OF THE SENATE, "If the official receiving said application is dissatisfied with the valuation of any item or items thereof, he shall place such values in their stead as he thinks just and lawful and in cases where the total value of listed items as corrected by him exceed the exemption provided for in this Act notify the owner of his action; either personally or by mail, and the value so determined shall be final, unless the owner within ten days from the date of said notice, demands in writing an appeal to the Board of Tax Assessors of the County or Municipality, whose decision shall be final." The amendments to committee substitute for Senate Bill No. 1 by Senator Whitehead and Senator Lindsay were adopted. The committee substitute for Senate Bill No. 1, 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 roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burrell Clements Ennis Flynt Forrester Griner Hampton Hardman Horne Jackson Johnson Jones Lindsay McKenzie Millican Moye Patten Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams Voting in the negative was Senator: Harrison Verification of the roll call was dispensed with. On the passage of the bill, the ayes were 38, the nays 1. FRIDAY, NovEMBER 26, 1937. 177 The bill having received the requisite constitutional majority was passed, by substitute, as amended. Not voting were: Senators Burgin of the 24th District, Chason of the 8th District, Fowler of the 39th District, Harrell of the 12th District, Kimbrough of the 25th District, Knabb of the 4th District, McCutchen of the 43rd District, Neely of the 36th District, Peebles of the 18th District, Peterson of the 15th Districk, and Turner of the 35th District. The following resolution of the Senate was read the first time and ordered to lie on the table for one day: By Senator Shannon of the 21st District- Senate Resolution No. 8. A resolution providing that the President of the Senate appoint a committee of three members to investigate the price paid for pulpwood, the manner of cutting, quantity cut, and report its findings within five days to this body. Senator Atkinson of the 1st District asked unanimous consent that when the Senate adjourn today that it stand adjourned until Monday, November 29, 1937. The consent was granted. At this time President Spivey introduced to the Senate Dr. S. V. Sanford, Chancellor of the Board of Regents of the University System of Georgia, who in turn introduced Dr. M. L. Brittain, President of Georgia School of Technology, and Dr. Harmon Caldwell, President of the University of Georgia, who presented to the members of the Senate complimentary tickets to the Georgia-Tech Football game to be played at Grant Field, Saturday, November 27, 1937. 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. 7. A bill to amend Section 78-204 of the Code by providing pensions to widows of Confederate Veterans who married prior to 1920, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. 178 JouRNAL oF THE SENATE, The bill having received the requisite constitutional majority was passed. By Senator Pruett of the 32nd District- Senate Bill No. 8. A bill to amend Code Section 92-1410 so as to provide for the payment of gasoline tax on a monthly basis to the 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, nays 0. The bill having received the requisite constitutional majority was passed. The following privilege resolutions were read and adopted: By Senator Almand of the 50th District- A resolution extending the privileges of the floor to Hon. George Bennett, distinguished citizen of Clarke County. By Senator Allen of the 31st District- A resolution extending the privileges of the floor to Hon. L. S. Johnson, former member of the Senate from the 31st Dis- trict. By Senator Williams of the 5th DistrictA resolution extending the privileges of the floor to Colonel Clarence H. Leavy of Brunswick, Georgia. By Senator Purdom of the 46th DistrictA resolution extending the privileges of the floor to Mrs. Jane Griner and Mrs. Ira Paulk, mother and aunt, respectively, of Senator Griner of the 45th District. 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 Hon. R. M. Morrison, Clerk of the Superior Court of Dade County. Senator Millican of the 52nd District moved that the Senate do now adjourn and the motion prevailed. The President announced that the Senate stood adjourned until Monday morning, November 29th, at 10:00 o'clock. MoNDAY, NovEMBER 29, 1937. 179 SENATE CHAMBER, ATLANTA, GA. MoNDAY, NovEMBER 29, 1937. The Senate met, pursuant to adjournment, at 10 o'clock A. M., this day and was called to order by the President. The doorkeeper announced the presence in the Senate Chamber of His Excellency, the Governor, and Hon. L. W. Robert, Jr. By order of the President, His Excellency, the Governor, and the distinguished visitor were escorted to the President's stand by Senator Pope of the 7th District. Prayer was offered by the Chaplain. Senator Millican of the 52nd 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, following the first part of the period of unanimous consents, the following be established as the order of business: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. First reading and reference of House bills and resolutions, if any. 5. Putting on passage Senate bills and resolutions ready for third reading. The consent was granted. 180 JouRNAL OF THE SENATE, At this time the President presented to the Senate His Excellency, the Governor, who in turn introduced Hon. L. W. Robert, Jr., Secretary of the National Democratic Committee. Hon. L. W. Robert, Jr. briefly addressed the Senate and presented to Hon. John B. Spivey, President of the Senate, a gavel from Hon. John Nance Garner, Vice-President of the United States. The President expressed his thanks and appreciation both to Mr. Robert and Mr. Garner. The following communication was read by the Secretary of the Senate: November 26, 1937. HoN. JoHN W. HAMMOND, Secretary State Senate, State Capitol, Atlanta, Georgia. My dear Mr. Hammond: Yours of recent date as follows: "The Senate today, by unanimous vote, directed the Secretary to obtain from you a ruling on the following question? "Under the Constitutional Amendment relating to homestead exemptions ratified this year, may the General Assembly as an original proposition, fix such homestead exemptions at a lower figure than $2,000, or is it mandatory under this Constitutional Amendment that the said exemption be fixed at the figure of $2,000. "The Senate desires this information when it convenes Friday morning next, if possible." received. Article 7, Section 2 of the Constitution was amended by adding at the end thereof a new paragraph to be numbered paragraph 7 and to read as follows: MoNDAY, NovEMBER 29, 1937. 181 "Beginning January 1, 1938, there shall be 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." The Senate requests my opinion on two questions: 1. May the General Assembly as an original proposition fix such homestead exemption at a lower figure than $2,000.00? 2. Is it mandatory under this constitutional amendment that the said exemption be fixed at the figure of $2,000.00? The constitutional amendment on which my opinion is requested is not self-executing. In reference to the value of the homestead exemption it provides that "such value to be determined in such manner and according to such rules and regulations as may be prescribed by law." The amendment authorizes the General Assembly to prescribe by law rules and regulations and set up machinery to determine the value of the property claimed to be exempt "from all ad valorem taxation for State, county and school purposes". The amendment itself fixes the exemption as an original proposition at 82,000.00 subject, however, to be reduced by the General Assembly now or hereafter and from time to time as the condition of the fiscal affairs of the State, counties or schools may warrant, to not less than $1,250.00. The amendment specifically provides: "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." 182 JOURNAL OF THE SENA:rE, Should the General Assembly pass an enabling act prescribing by law rules and regulations and providing machinery for determining the value of the property claimed to be exempt "from all ad valorem taxation for State, county and school purposes," it would then be empowered, now, or" from time to time as the fiscal affairs of the State, counties or schools may warrant," such fiscal affairs being considered collectively or separately, to lower the exemption from $2,000.00, the amount fixed in the amendment, to not less than $1,250.00. In other words, the present General Assembly now has plenary power to deal with the whole subject of exemption including the rules, regulations and machinery for determining the value of the exemption claimed and to lower the amount of the exemption from the $2,000.00 provided in the Constitution to not less than $1,250.00, the downward limit fixed by the Constitution. Yours sincerely, M. J. y EOMANS, Attorney General. The following bill of the Senate was read third time and put upon its passage: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- Senate Bill No. 2. A bill to provide for a Homestead Exemption from taxation in the sum of $2,000.00, and for other purposes. The committee offered the following substitute for Senate Bill No.2: HOMESTEAD EXEMPTION OF TAXES An Act, to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to determine the value and eligibility of the homestead; to prescribe rules and regulations for setting aside exemptions; to provide for the keeping of the record of such exemption; to provide for homestead exemption application blanks; to provide for a fee when MoNDAY, NovEMBER 29, 1937. 183 application is filed; to provide for the issuance of a certificate of such exemption; to define offenses and fraudulent acts; and to affix punishment and penalties for such offenses; and the repeal of existing laws in conflict, and a separability clause, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Beginning January 1, 1938, and for the years thereafter, there shall be exempted from all 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 Two Thousand ($2,000.00) Dollars and only so long as occupied by the owner primarily and in good faith as such, the said amount of Two Thousand Dollars $2,000.00, value to be exempted from taxation as hereinafter provided. Sec. 2. No homestead shall be exempted from taxation as provided for by this Act until and unless the person seeking said exemption shall on or before April 1st of the year in which exemption from taxation is sought, file a written application and schedule with the County Tax Receiver or Tax Commissioner, charged with the duty of receiving returns of property for taxation. Sec. 3. The application provided for in this Act shall be furnished to the County Tax Receivers or Tax Commissioners, as the case may be of the various counties by the Comptroller General of Georgia; said application shall provide for a complete description of the property in which the homestead exemption is claimed. The description to embrace all property constituted within a single tract although only a portion of same may be entitled to the homestead exemption. The application shall provide for a statement of ownership of the homestead, when and how acquired, the kind of title held, the amount of liens, if any, and to whom owed, the value of same, and such other information as said Comptroller General of Georgia may deem necessary. A form of oath is to be provided and administered to the person seeking the homestead exemption. Said oath may be administered and witnessed by the County Tax Receiver, Tax Commissioner or any authorized deputy of either, or any officer authorized by law to administer oaths. 184 JouRNAL OF THE SENATE, Sec. 4. That it shall be the duty of the County Tax Receiver or Commissioner to keep available a supply of the prescribed application forms, and to deliver one to any interested person who requests it. All information called for on said forms shall be furnished and sworn to by the applicant. The Tax Receiver or Commissioner shall receive all applications for exemption, and file and preserve the same. Said applications to be filed at the same time and place that tax returns on property subject to taxation is made and filed, and at the time said application is filed, the applicant shall pay the official receiving same the fee of One Dollar ($1.00), which shall be kept by said Receiver or Commissioner except in those counties which furnish and pay the employees of such Receiver or Commissioner. Sec. 5. Upon the filing of said application for exemption if the Tax Receiver or Commissioner shall be satisfied that the property claimed to be exempt is eligible for exemption under the provisions of this Act then the Tax Receiver or Commissioner shall issue a certificate of exemption clearly describing the property so exempted. Should the Tax Receiver or Commissioner not be satisfied as to the eligibility of said property for exemption then the Tax Receiver or Commissioner shall submit said application to the County Board of Equalizers who shall determine the eligibility of such property for exemption. Upon the issuance of a certificate of exemption to the applicant a duplicate thereof shall be attached by such Receiver or Commissioner .to the tax return of property made by such applicant or assessment made by the Board of Equalizers or assessors and same shall be submitted to the Board of Equalizers of such county who shall determine the valuation of said property for taxation. The applicant shall have the right of certiorari to the Superior Court of the county in which the land lies from the decision of the Board of Equalizers upon questions of law. Sec. 6. It is hereby provided, however, that the property declared to be exempted under the terms of this Act, shall not be exempted from the payment of interest on or retiring bonded indebtedness as provided in the Constitution of Georgia. Sec. 7. As used in this Act homestead means real property owned completely by the applicant, or in which he or she has MoNDAY, NovEMBER 29, 1937. 185 substantial equity, and a right to possession under bona fide title and ownership. Sec. 8. That the word "Homestead" whenever used in this Act shall mean, and be limited to the following: (a) The actual permanent place of residence of a person who is the head of the family and which constitutes the home of the family. (b) When the person who is the head of the family holds the bona fide fee title (although subject to mortgage or debt deed) or an estate for life. (c) Where the building is occupied primarily as a dwelling. (d) Where the children of deceased or incapacitated parents occupy the homestead of their said parents, and one of them stands in the relation of the head of the family, whether the estate is distributed or not. (e) Where a husband or wife occupy a dwelling, and the title of the homestead is in the name of the wife. (f) In the case of homesteads located in any municipality and in a survey, addition or subdivision outside of a municipality regularly platted in blocks and lots, the homestead shall be limited to the lot upon which dwelling house stands. (g) In the case of farm lands or any unplatted lands outside a municipality the homestead shall consist of the dwelling house of the head of the family and not exceeding one hundred (100) acres of land all in one tract. (h) In the case of unplatted farm lands in a municipality, the homestead shall be designated in the manner prescribed in the preceding paragraph. (i) In the event a dwelling house, classed as a homestead under the provisions of this Act, be destroyed by fire, flood, storm or other unavoidable accident, or be demolished or repaired so that the owner be compelled to temporarily reside in another place, it shall continue as a homestead for the period of one year after such occurrence. 186 JouRNAL OF THE SENATE, (j) In the event a person who is the head of a family owns two or more dwelling houses, he shall be allowed the exemption granted by this Act on only one; and only one homestead shall be allowed to one immediate family group. (k) In all the classes above defined, the homestead exempted must be actually occupied as the permanent residence and place of abode by the person awarded the exemption, and such homestead shall be the legal residence and domicile of such person for all purposes whatsoever. Sec. 9. That the words "head of family" whenever used in this Act, shall mean and be limited to the following: (a) A married person living with husband or wife. (b) A person who is unmarried but permanently maintains a home for the benefit of one or more persons who are morally or through relation to him or her dependent wholly or in part upon him or her for support. (c) A widow or widower having one or more children and maintaining a home occupied by them. (d) A divorced husband or wife living in a bona fide state of separation, and having legal custody of one or more of their children owns and maintaining a home for the said child or children. (e) A person who is unmarried but permanently maintains a home owned and occupied by himself or herself. Sec. 10. The value of the homestead as finally determined shall be credited with the exemption provided by law and the remainder, if any, shall be the taxable value of the homestead for the current year; to be returned for taxation as other real estate. The homestead value, exemption and difference, if any, to be shown on the owners tax return and the correctness thereof to be approved on said return by the County Tax Receiver or Tax Commissioner. Sec. 11. That if any person make any false or fraudulent claim for exemption under the provisions of this Act, or make any false statement or false representation of a material fact in MoNDAY, NovEMBER 29, 1937. 187 support of such claim; or any person who knowingly assists another in the preparation of any such false or fraudulent claim, or enters into any collusion with another by the execution of a fictitious deed, deed of trust, mortgage, or otherwise, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than One Thousand ($1,000.00) Dollars or be confined not more than twelve months upon the public works, or any other place provided for convictions, or be both fined and imprisoned in the discretion of the court. And in addition, such property shall be taxed in an amount double the tax otherwise to be paid. Sec. 12. It shall be the duty of the Comptroller General to issue, for the information and guidance of the County Officials, all proper, lawful rules and regulations, not inconsistent with the provisions of this Act, affecting the application, assessment, or equalization of property which is claimed to be entitled to the exemption granted by this Act. Sec. 13. That nothing in this Act shall, in any manner, affect, alter or impair any law relating to the assessment of property by municipalities; nor the collection of taxes by any municipality; nor any law with reference to the sale of property for taxes, or the collection of costs, fees or penalties. Sec. 14. If the provision of this Act or any section thereof is held invalid, the remainder of the Act and the application of such provision shall not be affected thereby. Sec. 15. All provisions of law in conflict with this Act are hereby repealed. Senator Lindsay of the 34th District moved that Senate Bill No. 2 and the committee substitute thereto be considered section by section and the motion prevailed. Senator Atkinson of the 1st District asked unanimous consent that the Senate remain in session untill :45 P. M. o'clock and the consent was granted. Senator Thrasher of the 27th District offered the following amendment to the committee substitute for Senate Bill No. 2: 188 JouRNAL OF THE SENATE, That wherever the words or figures $2,000.00 appear in substitute to Senate Bill No. 2 the same be stricken and the words and figures $1,250.00 be inserted therefor. Senator Whitehead of the 30th District offered the following amendment to the committee substitute for Senate Bill No. 2: To amend Section 1 thereof, by striking the words and figures Two Thousand ($2,000.00) Dollars, each and every time said words and figures appear in lines 4, 5 and 6 of said Section of said Bill, and substituting in lieu thereof in each and every instance, the following words and figures: "Sixteen Hundred ($1600.00) Dollars." On the amendments bv Senator Thrasher of the 27th District and Senator Whitehead .of the 30th District, Senator Fowler of the 39th District moved the previous question and the motion prevailed. Senator Burgin of the 24th District called for an aye and nay vote on the adoption of the amendment by Senator Whitehead of the 30th District and the call was sustained. On the adoption of the amendment by Senator Whitehead of the 30th District, the roll was called and the vote was as follows: Those voting in the affirmative were Senators: Aultman Harrison Jones Millican Moye Terrell Thrasher Whitehead Those voting in the negative were Senators: Allen Almand Atkinson Atwood Brock Burgin Burrell Chason Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Holmes Horne Jackson Johnson Kimbrough Knabb Lindsay McCutchen McKenzie Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Robinson Sammon Shedd Sikes Sutton Turner Walker Williams MoNDAY, NovEMBER 29, 1937. 189 Verification of the roll call was dispensed with. The ayes were 8, the nays 41. The amendment by Senator Whitehead of the 30th District was therefore lost. Not voting were: Senators Flynt of the 26th District and Shannon of the 21st District. On the adoption of the amendment by Senator Thrasher of the 27th District, Senator Thrasher of the 27th 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 Harrison Jones Moye Thrasher Whitehead Those voting in the negative were Senators: Allen Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Holmes Horne Jackson .Johnson Kimbrough Knabb McCutchen McKenzie Millican Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Robinson Sammon Shedd Sikes Sutton Terrell Turner Walker Williams Verification of the roll call was dispensed with. The ayes were 6, the nays '42. The amendment by Senator Thrasher of the 27th District was therefore lost. Not voting were: Senators Flynt of the 26th District, Lindsay of the 34th District, and Shannon of the 21st District. Senator Lindsay of the 34th District offered the following amendment to the committee substitute for Senate Bill No. 2: 190 JouRNAL OF THE SENATE, To amend by adding after the figures ($1.00) at the beginning of line 10 of Section 4 the following: "for the first application and the sum of fifty cents for each subsequent application provided there is no change in ownership or eligibility of such property claimed to be exempt." Senator Allen of the 31st District offered the following amendment to the committee substitute for Senate Bill No. 2: To amend by adding the following words at the end of Section 4 as follows: "Otherwise the fee to be paid into the Treasury of the County." The amendments by Senator Lindsay of the 34th District and Senator Allen of the 31st District to Section 4 of the committee substitute for Senate Bill No. 2 were adopted. Senator Pope of the 7th District offered the following amendment to the committee substitute for Senate Bill No. 2: To amend by striking the word "Equalizers" in lines 8, 12, 13 and 16 of Section 5 and inserting in lieu thereof the word "Assessors," and by adding to the end of line 17 of Section 5 the words "or fact, by appeal filed in ten days, without bond," and by striking the word "certiorari" in line 15 of Section 5 and inserting in lieu thereof the word "appeal." Senator Patten of the 6th District offered the following amendment to the committee substitute for Senate Bill No. 2: To amend Section 5, line 14, after the word "taxation" by inserting the words "as provided by law." The amendments by Senator Pope of the 7th District and Senator Patten of the 6th District to Section 5 of the committee substitute for Senate Bill No. 2 were adopted. Senator Neely of the 36th District offered the following amendment to the committee substitute for Senate Bill No. 2: To amend by striking lines 16 and 17, paragraph "f" of Section 8 and adding in lieu thereof the following words: "In blocks and lots, the homestead shall be limited to the lot and/or lots upon which dwelling house and yards or grounds are situated." MoNDAY, NovEMBER 29, 1937. 191 The amendment was adopted. Senator Atkinson of the 1st District asked unanimous consent that the Senate remain in session until consideration of Senate Bill No.2 was completed. There was objection. Senator Atkinson of the 1st District moved that the Senate remain in session until consideration of Senate Bill No. 2 was completed and the motion prevailed. Senator Neely of the 36th District offered the following amendment to the committee substitute for Senate Bill No. 2: To amend by striking paragraph "g" of Section 8 and inserting in lieu thereof the following words to be marked paragraph "g": "In case of farm lands or any unplanted lands outside a municipality the homestead shall consist of the dwelling house of the head of the family and all lands used by him personally for farming or raising livestock, timber or poultry, not exceeding the value herein fixed." On the adoption of the amendment by Senator Neely of the 36th 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: Almand Home Peterson Atwood Johnson Pruett Aultman Jones Robinson Burgin Kimbrough Sikes Chason Knabb Sutton Clements McCutchen Terrell Fowler McKenzie Thrasher Griner Moye Walker Hampton Neely Whitehead Harrell Patten Williams Holmes Peebles Those voting in the negative were Senators: Allen Atkinson Brock Burrell Ennis Forrester Hardman Harrison Jackson Millican Phillips Pope Purdom Sammon Shedd Turner 192 JouRNAL oF THE SENATE, Verification of the roll call was dispensed with. The ayes were 32, the nays 16. The amendment by Senator Neely of the 36th District was therefore adopted. Not voting were: Senators Flynt of the 26th District, Lindsay of the 34th District, and Shannon of the 21st District. Senator Millican of the 52nd District offered the following amendment to the committee substitute for Senate Bill No. 2: To amend Section 14 by striking the second word "the" and substituting the word "any." The amendment by Senator Millican of the 52nd District 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 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 Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Holmes Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Robinson Sammon Shedd Sikes Sutton Terrell Thrasher Turner WalKer Whitehead Williams MoNDAY, NovEMBER 29, 1937. 193 Voting in the negative was Senator: Harrison Verification of the roll call was dispensed with. The ayes were 47, the nays 1. The bill having received the requisite constitutional majority was passed, by substitute, as amended. Not voting were: Senators Flynt of the 26th District and Shannon of the 21st District. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit: By Mr. Sutton of Wilkes- House Resolution No. 21. A resolution resolved by the House, the Senate concurring, that the action of the Governor, the Hon. E. D. Rivers, in suspending the minimum payment or deposit for corporations and individuals filing income tax returns, and for other purposes. By Messrs. Harrell of Brooks, Cochran of Thomas, Coleman of Lowndes, and Dollar of Grady- House Resolution No. 22. Resolved by the House of Representatives, the Senate concurring, that we commend our U. S. Senators and Congressmen in their valiant opposition to the Wagner Anti-lynching Act, and suggest to them that should this bill be enacted into law, that the losses of life of strikers and _peace officers be compensated in the same manner as in cases of lynchings, and that the county authorities be charged with like liability and subject to the same penalties, and for other purposes. The following privilege resolutions were read and adopted: 194 JouRNAL OF THE SENATE, By Senator Atkinson of the 1st District- A resolution extending the privileges of the floor to Hon. George Fetzer of Springfield, Georgia. By Senator Atkinson of the 1st District- A resolution extending the privileges of the floor to Mrs. Thos. Chason, wife of the distinguished Senator from the 8th District. By Senator Atkinson of the 1st District- A resolution extending the privileges of the floor to Brigadier General Robert J. Travis of Savannah, Georgia. By Senator Peterson of the 15th District- A resolution extending the privileges of the floor to Hon. Charlie Jordan, Hon. Reese Jordan and Misses Elizabeth and Katherine Jordan, daughters of the aforementioned, respectively, all from Glenwood, Georgia. By Senator Spivey of the 16th District- A resolution extending the privileges of the floor to Mrs. C. M. McKenzie, wife of the Senator from the 48th District. The hour of adjournment having arrived the President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning. TuESDAY, NovEMBER 30, 1937. 195 SENATE CHAMBER, ATLANTA, GA., TuESDAY, NovEMBER 30, 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 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 thoroughly read 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, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills favorably reported. 4. First reading and reference of House bills. 5. Putting on passage House resolutions ready for action. 6. Putting on passage Senate 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 Senators Williams of the 5th District, Atkinson of the 1st District, and Pope of the 7th District- 196 JouRNAL OF THE SENATE, Senate Bill No. 13. A bill to amend Code Sections 105-704 and 105-706 so as to broaden the scope of privilege as applied to newspaper libel, and for other purposes. Referred to Committee on Printing. By Senator Brock of the 37th District- Senate Bill No. 14. A bill amending the charter of the City of Carrollton, and for other purposes. Referred to Committee on Municipal Government. By Senator Millican of the 52nd District- Senate Bill No. 15. A bill providing that all conveyances used on roads and waters of the State in conveying tickets or records used in the operation of a lottery by any person or firm in violation of Sections 26-6501 and 26-6502 shall be seized; to provide for disposition of funds arising from sale of such vehicles; and for other purposes. Referred to Committee on General Judiciary No.2. By Senator Phillips of the 29th District- Senate Bill No. 16. A bill to promote the safety of lives and property at railroad intersections with highways or streets, by permitting the public authorities having jurisdiction and control over such highways or streets to install, maintain and control automatic or mechanically operated barricading devices, and for other purposes. Referred to Committee on Highways and Public Roads. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Guyton of Effingham- House Bill No. 9. A bill to be entitled an Act to reduce the official bond of the Sheriff of Effingham County, and for other purposes. TuESDAY, NovEMBER 30, 1937. 197 By Mr. Sutton of Wilkes- House Bill No. 14. A bill to be entitled an Act to amend an Act approved July 22, 1929, creating the office of Tax Commissioner of Wilkes County, and for other purposes. By Mr. Cogdell of Glynn- House Bill No. 37. A bill to be entitled an Act granting to the Commissioners of Roads and Revenues of Glynn County authority to adopt and enforce zoning ordinances, and for other purposes. By Mr. Salter of Baker- House Bill No. 49. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Baker, and for other purposes. By Mr. Salter of Baker- House Bill No. 50. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues, a Clerk for Board, and a Purchasing Agent for Board, for the County of Baker, and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 55. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery, and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 56. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Montgomery, and for other purposes. The following resolution of the Senate was introduced and read the first time: By Senator Johnson of the 42nd District- Senate Resolution No. 9. A resolution urging and imploring the Georgia Senators and Congressmen to cease bickering about the Supreme Court or the CIO and begin without a further waste of time to prepare and assist in enacting laws advocated 198 JouRNAL oF THE SENATE, by our President designed to relieve this deplorable condition of the Georgia farmers. Senator Harrison of the 17th District moved that Senate Resolution No. 9 be tabled. The motion by Senator Harrison was lost. Senator Lindsay of the 34th District moved that Senate Resolution No. 9 be referred to the appropriate committee of the Senate for their consideration. The motion by Senator Lindsay of the 34th District was lost. On the adoption of Senate Resolution No. 9, the ayes were 21, the nays 17. The resolution having received the necessary majority was adopted. Senator Lindsay of the 34th District gave notice that at the proper time he would move that the Senate reconsider its action in adopting Senate Resolution No. 9. The following resolutions of the Senate were read the first time, and referred to the committees: By Senators Pope of the 7th District and Phillips of the 29th District- Senate Resolution No. 10. A resolution providing for the establishment of a Legislative Economy Commission; to fix its duties and to provide for a report to be made to the Governor and to the General Assembly; and for other purposes. Referred to Committee on Finance. By Senator Chason of the 8th District- Senate Resolution No. 11. 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. Referred to Committee on Hygiene and Sanitation. TuEsDAY, NovEMBER 30, 1937. 199 Senator Jackson of the 14th District, Vice-Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read Senate Bill No. 2, found the same correct and ready for transmission to the House of Representatives. Respectfully submitted, JAcKsoN, Vice-Chairman. Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, has submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 11. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 10. Do pass, as amended. Respectfully submitted, PHILLIPS, Chairman. 200 JouRNAL or THE SENATE, The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Robinson of the 13th District- Senate Bill No. 10. A bill to amend Code Sections 36-1104, 36-1115 and 95-1715 with reference to the condemnation of roads by the Federal Government, State and Counties, and for other purposes. By Senator Forester of the 44th District- Senate Bill No. 11. A bill to amend the charter of the City of Trenton, and for other purposes. The following bills of the House were read the first time and referred to the committees: By Mr. Guyton of Effingham- House Bill No. 9. A bill to reduce the official bond of the Sheriff of Effingham County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Sutton of Wilkes- House Bill No. 14. A bill to amend an Act approved July 22nd, 1929, creating the office of Tax Commissioner of Wilkes County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Cogdell of Glynn- House Bill No. 37. A bill granting to the Commissioners of Roads and Revenue of Glynn County authority to adopt and enforce zoning ordinances, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Salter of Baker- House Bill No. 49. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Baker County, and for other purposes. Referred to Committee on Counties and County Matters. TuESDAY, NovEMBER 30, 1937. 201 By Mr. Salter of Baker- House Bill No. 50. A bill to create a Board of Commissioners of Roads and Revenues, a Clerk for Board, and a Purchasing Agent for the Board for the County of Baker; to define their powers; and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Warnock of Montgomery- House Bill No. 55. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Montgomery County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Warnock of Montgomery- House Bill No. 56. A bill to create a Board of Commissioners of Roads and Revenues for the County of Montgomery, and for other purposes. Referred to Committee on Counties and County Matters. The following communication from His Excellency, the Governor, was read by the Secretary of the Senate: NovEMBER 29, 1937. HoN. JoHN B. SPIVEY, President, STATE SENATE AND MEMBERS. Gentlemen: At the 1937 regular session of your body you amended what is known as the Income Tax Act, Section 92-3101, 3102, of the Georgia Code of 1933 (Ga. L. 1937 pp. 109, 115, 116, 117), levying a minimum tax of $2.00 on each and every individual filing a return as provided therein, and levying a minimum tax of $10.00 on each and every corporation filing a return as provided by that Act. I did on the 24th day of September 1937, under and by virtue of the power and authority vested in me by Section 40-205 of the Code of Georgia of 1933, suspend the collection of the minimum 202 JouRNAL oF THE SENATE, tax as provided therein. This suspension was made upon recommendation of the State Revenue Commission for the reason that it was doubtful as to whether or not collection could be made thereunder, and that in all probability would bring about expensive and prolonged litigation, which would result in the taxpayers withholding other amounts that might be due the State of Georgia for income taxes. The collection of this tax was suspended for the further reason I was advised that this question had been passed upon by the courts in another State having similar provisions, and had been held to be invalid. The probable amount to be realized by the State by reason of said Sections would be from $30,000.00 to $50,000.00 per yearmuch less than was anticipated at the time of the passage of the amendment. The State Revenue Commission will submit to your body an amendment eliminating these provisions from the Act as aforestated and I recommend passage of the same. A copy of the executive order suspending the collection of this minimum tax is hereto attached for your information and consideration. Respectfully, E. D. RIVERS, Governor. Whereas, by Section 92-3101 of the Georgia Code of 1933, as amended by the Act of the General Assembly of Georgia approved March 30, 1937, (Ga. L. 1937, pp. 109, 115, 116), being a part of the State Income Tax Law, it is among other things provided as follows: "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;" and Whereas, by Section 92-3102 of Georgia Code of 1933, as amended by the Act of the General Assembly of Georgia ap- TuESDAY, NovEMBER 30, 1937. 203 proved March 30, 1937, aforesaid (Ga. L. 1937, pp. 109, 117), it is among other things provided as follows: "Each and every corporation subject to file a return as provided by this act shall pay a minimum tax of $10.00 whether such return shall show any liability for tax on its net income as disclosed in the return." Now, upon consideration and under and by virtue of the power and authority vested in me by Section 4Q--205 of the Georgia Code of 1933 and pursuant thereto, it is ordered that the collection of the minimum tax of $2.00 required to be paid by individuals under Code Section aforesaid whether or not the return shows any tax liability and the minimum tax of $10.00 required to be paid by corporations whether or not the tax return shows any tax liability be and the same are hereby suspended and collections shall be made only where liability for tax on net income is disclosed in the return according to the rate or schedule provided by said Sections of the Code for individuals and corporations, respectively. This order shall become and be effective as of January 1, 1937, and shall continue of force until the meeting of the next General Assembly. So ORDERED this 24th day of September, 1937. BY THE GOVERNOR E. D. RIVERS, GovERNOR OF GEORGIA. DowNING MusGROVE SECRETARY ExECUTIVE DEPARTMENT GEORGIA, FULTON COUNTY: The undersigned as Secretary of the Executive Department of the State of Georgia, hereby certifies that the above and foregoing is a true and correct transcript of an order, writing or document, signed by the Governor of said State and of record in this department. This 29th day qf November 1937 DowNING MusGROVE, Secretary Executive Department. 204 JouRNAL oF 'THE SENA'TE, The following resolutions of the House were read the first time and adopted: By Mr. Sutton of Wilkes- House Resolution No. 21. A resolution ratifying the action of the Governor, Hon. E. D. Rivers, in suspending the minimum payment or deposit of $10.00 for corporations and $2.00 for individuals in filing income tax returns. By Messrs. Harrell of Brooks, Cochran of Thomas, Coleman of Lowndes, and Dollar of Grady- House Resolution No. 22. A resolution commending the U. S. Senators and Congressmen in their valiant opposition to the Wagner Anti-Lynch law, and for other purposes. Senator Ennis of the 20th District asked unanimous consent that consideration of Senate Bill No. 5, known as the Civil Service Bill, be postponed until tomorrow, Wednesday, December 1st, 1937, and be made a special and continuing order of the day. The consent was granted. The following bill of the Senate was read the third time and put upon its passage: By Senator Atkinson of the 1st District- Senate Bill No.6. A bill to be entitled: An Act to propose to the qualified voters of the State of Georgia an amendment to Article Seven, Section Seven, Paragraph One of the Constitution of the State of Georgia incorporated in the Code of 1933 as Section 2-5501, so as to authorize the City ofSavannah 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 November First, 1937, and that becomes due up to and including January First, 1939, 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 First, 1939; to authorize the TuESDAY, NovEMBER 30, 1937. 205 City of Savannah to issue bonds for the payment and retirement of all notes and other liquidated or unliquidated demands outstanding and unpaid as of January First, 1939, for which the City of Savannah may be liable as principal, guarantor or otherwise, and to provide that funds raised from such additional bonded indebtedness shall be used exclusively for the payment and retirement of the indebtedness and obligations for which they are issued; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance and other details incident to the issue and sale of said bonds; to provide for validation; to provide for 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 the authority of the same, that Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution of Georgia, incorporated in the Code of 1933 as Section 2-5501, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be worded as follows, to-wit: "And except, that the City of Savannah, in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue refunding serial bonds not in excess of the aggregate sum of Three Hundred Fortyfive Thousand ($345,000.00) Dollars for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid as of November 1st, 1937, and any bonded indebtedness of said City, which becomes due up to and including January 1st, 1939, and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of all such refunding bonds so issued by the City of Savannah shall be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become 206 JouRNAL OF THE SENATE, due and unpaid as of January 1st, 1939. Said refunding bonds shall be issued and validated when authorized bv a majority vote of the Mayor and the Board of Alderme~ of the City of Savannah, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issue and sale of said bonds." "And except, that the City of Savannah in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not in excess of the sum of Six Hundred Fifty-five Thousand ($655,000.00) Dollars for the payment and retirement of the deficit and current indebtedness of the City of Savannah, the same being represented by judgments, notes, open accounts and other liquidated or unliquidated demands for which said City of Savannah may be liable as principal, guarantor or otherwise, outstanding and unpaid as of January 1st, 1939; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of such bonds shall be used exclusively for the purpose of paying and retiring said outstanding and unpaid notes, judgments, open accounts and other liquidated or unliquidated demands as of January 1st, 1939, for which said City of Savannah may be liable as principal, guarantor or otherwise. Said bonds shall be issued and validated when authorized by a majority vote of the Mayor and the Board of Aldermen of the City of Savannah, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issue and sale of said bonds." Sec. 2. Be it further enacted by the authority aforesaid that, when said amendment shall be agreed to by a twa-thirds vote of the members elected to each of the two Houses, said amendment shall be entered on their journals, with the "Yeas" and "Nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia TuESDAY, NovEMBER 30, 1937. 207 for two (2) months previous to the time of holding the next general election, and said amendment 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 7, Section 7, Paragraph 1 of the Constitution, authorizing the City of Savannah to issue refunding bonds, to issue bonds for the retirement of indebtedness due and unpaid as of January 1st, 1939," 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 7, Section 7, Paragraph 1 of the Constitution, authorizing the City of Savannah to issue refunding bonds, to issue bonds for the retirement of indebtedness due and unpaid as of January 1st, 1939." 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 result shall be consolidated as now required by law in election of members of the General Assembly, the amendment and its provisions shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor of the State of Georgia shall make a proclamation therefor, as provided by law. Sec. 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. Oh the passage of the bill, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows: 208 JouRNAL OF THE SENATE, Those voting m the affirmative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis FlYnt Forrester Fowler Griner Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Lindsay McKenzie Moye Neely Peebles Peterson Phillips Pope Pruett Purdom Robinson Sammon Shedd Sikes Sutton Thrasher Walker Whitehead Williams Verification of the roll call was dispensed with. The ayes were 42, the nays 0. The bill having received the requisite constitutional two-thirds majority was therefore passed. Not voting were: Senators Hampton of the 41st District, Knabb of the 4th District, McCutchen of the 43rd District, Millican of the 52nd District, Patten of the 6th District, Shannon of the 21st District, Terrell of the 19th District, and Turner of the 35th District. The following resolution of the Senate was removed from table, read the second time and adopted: By Senator Shannon of the 21st District- Senate Resolution No. 8. A resolution pertaining to the conservation of pulpwood in the State of Georgia and providing for the appointment of a committee to study the situation and report to the Senate their findings. The President appointed as a committee to a<;t under the prOvisions of Senate Resolution No. 8 the following: Senators Shannon of the 21st District, Shedd of the 3rd District, and Pope of the 7th District. TuEsDAY, NovEMBER 30, 1937. 209 The following privilege resolutions were read and adopted: By Senator Sammon of the 51st District- A resolution extending the privileges of the floor to Honorables J. J. Baggett, former Senator from the 51st District, W. R. Hurst, J. F. Green, E. S. Wages, and Pope D. Stone of the County of Gwinnett. By Senators Lindsay of the 34th District and Spivey of the 16th District- A resolution extending the privileges of the floor to Honorable Hugh Carithers, former member of the Senate. Senator Phillips of the 29th District moved that the Senate do now adjourn. The motion prevailed. The President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. 210 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, DECEMBER 1, 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 Chaplain. Senator Sutton of the 47th 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 Harrell of the 12th 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 Senate Resolution No. 9 on yesterday. On the motion by Senator Lindsay of the 34th District, that the Senate reconsider its action in adopting Senate Resolution No. 9, Senator McKenzie of the 48th District moved the previous question and the motion prevailed. On the adoption of the motion by Senator Lindsay of the 34th District, that the Senate reconsider its action in adopting Senate Resolution No. 9, 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 Atwood Aultman Burgin Ennis Forrester Griner Hardman Harrell Harrison Johnson Jones Kimbrough Knabb Lindsay McCutchen WEDNESDAY, DECEMBER 1, 1937. 211 McKenzie Millican Moye Patten Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Sikes Sutton Terrell Thrasher Turner Williams Those voting in the negative were Senators: Brock Burrell Chason Flrot Horne Neely Robinson Shedd Walker Whitehead Verification of the roll call was dispensed with. The ayes were 36, the nays 10. The motion by Senator Lindsay of the 34th District, that the Senate reconsider its action in adopting Senate Resolution No. 9, therefore prevailed. Not voting were: Senators Clements of the 9th District, Fowler of the 39th District, Hampton of the 41st District, Holmes of the 22nd District, and Jackson of the 14th District. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills favorably reported by committees. 4. First reading and reference of House bills. 5. Putting on passage Senate bills ready for third reading. The consent was granted. Senator Atkinson of the 1st District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have the ~evised rules of the Senate printed and placed upon the desks of members. 212 JoURNAL oF THE SENATE, The consent was granted. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Shannon of the 21st District- Senate Bill No. 17. A bill to reduce the rate of interest of finance companies to 8%, and for other purposes. Referred to Committee on General Judiciary No.2. By Senator Ennis of the 20th District- Senate Bill No. 18. A bill amending Tax Act of 1935 by reducing the tax to the sum of $25.00 on county or municipal fairs, and for other purposes. Referred to Committee on Finance. The following resolution of the Senate was introduced, read the first time, and referred to the committee: By Senators Shedd of the 3rd District and Knabb of the 4th District- Senate Resolution No. 12. A resolution amend the Constitution by giving the right to counties to levy taxes for forest fire protection, and for other purposes. Referred to Committee on Amendments to the Constitution. The following resolution of the Senate was read and adopted: By Senators Williams of the 5th District and Lindsay of the 34th District- Senate Resolution No. 13. A RESOLUTION Whereas, an omniscient Providence, in the exercise of His omnipotent power, in dealing with the affairs of men, has removed from this body, since iti regular session earlier in the year, our most worthy chaplain, Dr. B. F. Fraser; and Whereas, Dr. Fraser was a devoted minister of the Methodist Episcopal Church, South, for more than a half century, serving WEDNESDAY, DECEMBER 1, 1937. 213 several of the largest churches in the North Georgia Conference, and as Presiding Elder, and whose work will last for generations in the hearts and consciences of men who came under his influence, and Whereas, his passing is deeply and greatly deplored by the members of this body, who recall his fervent prayers, and his kindly and gracious spiritual supplications to the Throne of all Power and Wisdom; and Whereas, it is the desire of this body to pay tribute to the memory of Dr. Fraser, to make proper recognition of the services of our departed friend and brother, and to take appropriate action expressing to the family and friends of Dr. Fraser, our condolence and sympathy. Therefore, be it resolved by the Senate of the State of Georgia, in extraordinary session regularly assembled, that we deplore the passing of Dr. Fraser, and extend to his family and friends the sympathy and condolence of this body; and that a copy of this resolution be spread upon the Journals of the Senate and furnished to the press and to the family of Dr. Fraser. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Messrs. Coleman of Lowndes, Harris of Richmond, Sutton of Wilkes, and Gross of Stephens- House Bill No. 1. A bill to be entitled an Act to amend an Act approved March 23, 1935, providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes. By Mr. Zellner of Monroe- House Bill No. 7. A bill to be entitled an Act consolidating and codifying the various acts incorporating the City of Forsyth, in the County of Monroe, and for other puq~oses. 214 JouRNAL OF THE SENATE, By Mr. Zellner of Monroe- House Bill No. 8. A bill to be entitled an Act to amend an Act approved December 18, 1902, entitled "An Act to consolidate and codify the various acts incorporating the City of Forsyth, in the County of Monroe," and for other purposes. By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 12. A bill to be entitled an Act to amend the several acts relating to and incorporating the Town of Thunderbolt, in Chatham County, and for other purposes. By Messrs. Harrell and Blease of Brooks- House Bill No. 21. A bill to be entitled an Act to authorize the Board of City Commissioners of Quitman, Georgia, to provide an ad valorem tax on all real and personal property within the corporate limits, and for other purposes. By Mr. Sapp of Coffee- House Bill No. 28. A bill to be entitled an Act to amend the charter of the City of Douglas, in the County of Coffee, and for other purposes. By Mr. Cogdell of Glynn- House Bill No. 35. A bill to be entitled an Act to amend the charter of the City of Brunswick, in the County of Glynn, and for other purposes. Senator Chason of the 8th District, Chairman of the Committee on Hygiene and Sanitation, submi~ted the following report: Mr. President: Your Committee on Hygiene and Sanitation have had under consideration the following resolution of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Resolution No. 11. Do pass. Respectfully submitted, CHASON, Chairman. WEDNESDAY, DECEMBER 1, 1937. 215 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 Countv Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 37. Do pass. House Bill No. 56. Do pass. House Bill No. 14. Do pass. House Bill No.9. Do pass. House Bill No. 55. Do pass. Respectfully submitted, JACKSON, Chairman. Senator Jackson of the 14th District, Vice-Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read Senate Bill No. 6, found it correct and ready for transmission to the House. Respectfully submitted, JACKSON, Vice-Chairman. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Guyton of EffinghamHouse Bill No. 9. A bill to reduce the official bond of the Sheriff of Effingham County, and for other purposes. By Mr. Sutton of WilkesHouse Bill No. 14. A bill to amend an Act approved July 22nd, 1929, creating the office of Tax Commissioner of Wilkes County, and for other purposes. 216 JouRNAL OF THE SENATE, By Mr. Cogdell of Glynn- House Bill No. 37. A bill granting to the Commissioners of Roads and Revenue of Glynn County authority to adopt and enforce zoning ordinances, and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 55. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Montgomery County, and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 56. A bill to create a Board of Commissioners of Roads and Revenues for the County of Montgomery, and for other purposes. The following resolution of the Senate, favorably reported by the committee, was read the second time: By Senator Chason of the 8th District- Senate Resolution No. 11. A resolution amending the Constitution so as to allow the counties the right to levy taxes for the purpose of furnishing medical care for the indigent sick people, and for other purposes. The following bills of the House were read the first time and referred to committees: By Messrs. Coleman of Lowndes, Harris of Richmond, Sutton of Wilkes, and Gross of Stephens- House Bill No. 1. A bill to amend an Act approved March 23, 1935, providing for license and excise taxes upon the business of dealing in malt beverages, an~ for other purposes. Referred to Committee on Temperance. By Mr. Zellner of Monroe- House Bill No. 7. A bill codifying the incorporating Acts of the City of Forsyth and providing for a Commission form of government, and for other purposes. Referred to Committee on Municipal Government. WEDNSDAY, DECMBER 1, 1937. 217 By Mr. Zellner of Monroe- House Bill No. 8. A bill to amend an Act incorporating the City of Forsyth, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 12. A bill to amend the Acts incorporating the town of Thunderbolt, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Harrell and Blease of Brooks- House Bill No. 21. A bill authorizing the Board of City Commissioners of Quitman to provide an ad valorem tax on all real and personal property within the corporate limits, and for other purposes. Referred to Committee on Municipal Government. By Mr. Sapp of Coffee- House Bill No. 28. A bill to amend the charter of the City of Douglas, and for other purposes. Referred to Committee on Municipal Government. By Mr. Cogdell of Glynn- House Bill No. 35. A bill to amend the charter of the City of Brunswick, and for other purposes. Referred to Committee on Municipal Government. The following resolution of the Senate was read: By Senator Johnson of the 42nd District- Senate Resolution No. 9. A resolution urging and imploring the Georgia Senators and Congressmen to cease bickering about the Supreme Court or the CIO and begin without a further waste of time to prepare and assist in enacting laws advocated by our President designed to relieve this deplorable condition of the Georgia farmers. 218 JouRNAL oF THE SENATE, Senator Lindsay of the 34th District offered the following amendment to Senate Resolution No. 9: To amend by striking the words "Georgia" from the second paragraph of said resolution. The amendment was adopted. Senator Allen of the 31st District offered the following amendment to Senate Resolution No.9: To amend by striking the following words in the 6th line, ta-wit: "snatched from" and insert in lieu thereof the words "denied the." The amendment was adopted. On the adoption of the resolution, as amended, 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 Atwood Aultman Brock Burgin Burrell Chason Ennis Flynt Forrester Fowler Hardman Home Jackson Johnson Kimbrough Knabb Lindsay McCutchen McKenzie Millican Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Robinson Shannon Shedd Sikes Sutton Terrell Turner Walker Williams Those voting in the negative were Senators: Harrell Harrison Jones Moye Thrasher Whitehead Verification of the roll call was dispensed with. The ayes were 40, the nays 6. WEDNESDAY, DECEMBER 1, 1937. 219 The resolution having received the requisite constitutional majority, was adopted, as amended. Not voting were: Senators Clements of the 9th District, Griner of the 45th District, Hampton of the 41st District, Holmes of the 22nd District, and Sammon of the 51st District. The following bill of the Senate, having been established as a special order for the day, was taken up for consideration: By Senator Ennis of the 20th District- Senate Bill No. 5. A bill to create and prescribe the powers and duties of a State Civil Service Commission, and for other purposes. Senator Ennis of the 20th District asked unanimous consent that Senate Bill No. 5 be considered Section by Section and the consent was granted. Section 1 of Senate Bill No. 5 was read and adopted. Section 2 of Senate Bill No. 5 was read and adopted. Section 3 of Senate Bill No. 5 was read. Senator Millican of the 52rid District offered the following amendment: To amend Senate Bill No. 5, Section 3, sub-section (d), Line 5 by striking the word "date" and inserting in lieu thereof the word " data." The amendment by Senator Millican was adopted. Senator Harrell of the 12th District offered the following amendment: To amend Senate Bill No. 5, Section 3, Paragraph 3 by striking the words $5000.00 and inserting the words $3000.00. On the adoption of the Harrell amendment, Senator Harrell of the 12th District called for the ayes and nays and the call was sustained. 220 JouRNAL OF THE SENATE, The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Almand Atwood Chason Flynt Forrester Fowler Griner Harrell Harrison Home Jones Kimbrough McKenzie Moye Peebles Peterson Pruett Robinson Sammon Shannon Terrell Thrasher Turner Walker Whitehead Those voting in the negative were Senators: Allen Atkinson Aultman Brock Burgin Burrell Ennis Hardman Jackson Knabb Lindsay McCutchen Millican Neely Patten Phillips Pope Purdom Shedd Sikes Sutton Williams Verification of the roll call was dispensed with. The ayes were 25, the nays 22. The amendment by Senator Harrell of the 12th District was therefore adopted. . Not voting were: Senators Clements of the 9th District, Hampton of the 41st District, and Johnson of the 42nd District. Section 4 of Senate Bill No. 5 was read. Senator Purdom of the 46th District offered the following amendment: To amend Senate Bill No. 5, sub-section (b) of Section 4, by inserting the words "and laws" following the word "Constitution" in the first line of said sub-section. The amendment by Senator Purdom was adopted. Senator Allen of the 31st District offered the following amendment: WEDNESDAY, DECEMBER 1, 1937. 221 To amend Senate Bill No. 5, Section 4, sub-section 1, following end of Paragraph (m) by adding a new paragraph and to be numbered in corresponding alphabetical order and to read as follows: "In the event a question should arise as to the correct and proper classification, the commissioner is hereby empowered and authorized to make the classification." The amendment by Senator Allen was adopted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional maJority the following resolution of the House, to-wit:_ By Messrs. Phillips and Palmour of Hall- House Resolution No. 34. A resolution declaring December 8, 1937, a holiday and providing that the General Assembly attend a celebration in Gainesville, Georgia, on that date in honor of the Han. Franklin Delano Roosevelt, President of the United States of America. The following resolutions of the Senate and House were read and adopted: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and others- Senate Resolution No. 14. A resolution extending to His Excellency, Han. E. D. Rivers, the heartfelt felicitations and congratulations of the Senate upon this his forty-second birthday and wishing for him many anniversaries filled with satisfaction of service, health and happiness. By Messrs. Phillips and Palmour of Hall- House Resolution No. 34. A resolution providing that the General Assembly of the State of Georgia attend in a body the ceremony in honor of the President to be held at Gainesville, 222 JouRNAL OF THE. SENATE, Georgia, at two-thirty o'clock P. M. central standard time, December 8, 1937. The following privilege resolutions were read and adopted: By Senator Peterson of the 15th District- A resolution extending the privileges of the floor to Honorables Carlton Warnock and Joe Underwood, two distinguished citizens of Montgomery County, Georgia. By Senators Williams of the 5th District and Purdom of the 46th District- A resolution extending the privileges of the floor to Hon. Julius A. James, prominent citizen of \Vare County, Georgia. By Senators Purdom of the 46th District, Forrester of the 44th District, and McCutchen of the 43rd District- A resolution extending the privileges of the floor to Hon. B. W. Newsom, prominent business man of Dade County, Georgia. By Senator Peterson of the 15th District- A resolution extending the privileges of the floor to Mrs. Jim Rivers of Atlanta, Georgia, and Mrs. Eva Launt of Jacksonville, Florida, both former citizens of Montgomery County, Georgia. By Senator Atwood of the 2nd District- A resolution extending the privileges of the floor to Hon. Paul J. Varner, member of Governor's Staff, and Hon. W. H. Graham, both distinguished citizens of Mcintosh County, 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 morning at 10 o'clock. THURSDAY, DECEMBER 2, 1937. 223 SENATE CHAMBER, ATLANTA, GA., THURSDAY, DECEMBER 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 Jones of the 38th District, Vice-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, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills favorably reported. 4. Putting on passage local uncontested Senate and House bills. 5. First reading and reference of House bills. 6. Unfinished business of previous session, and putting on passage general Senate 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: 224 JouRNAL or THE SENATE, By Senator Harrell of the 12th District- Senate Bill No. 19. A bill to provide that the amount of all income taxes paid by a citizen of Georgia to the Federal Government shall be allowed as a deduction from income tax due and payable to the State of Georgia, and for other purposes. Referred to Committee on General Judiciary No. 2. By Senators Forester of the 44th District and Johnson of the 42nd District- Senate Bill No. 20. A bill to amend an Act by adding additional mileage in Dade County to the Highway Mileage Act, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator McKenzie of the 48th Dist.rict- Senate Bill No. 21. A bill to amend the city charter of Cordele, and for other purposes. Referred to Committee on Municipal Government. By Senator Phillips of the 29th District- Senate Bill No. 22. A bill to provide for compensation to clerks of courts and sheriffs in counties having a population of not less than 8790 nor more than 8810, and for other purposes. Referred to Committee on Counties and County Matters. By Senator Shedd of the 3rd District- Senate Bill No. 23. A bill to repeal an Act incorporating the City of Jesup, and for other purposes. Referred to Committee on Municipal Government. By Senator Shedd of the 3rd District- Senate Bill No. 24. A bill to create a new charter for the Citv of Jesup, and for other purposes. . Referred to Committee on Municipal Government. By Senators Fowler of the 39th District and Hampton of the 41st District- THURSDAY, DECEMBER 2, 1937. 225 Senate Bill No. 25. A bill to amend the Highway Mileage Act so as to add additional mileage in Cobb and Cherokee Counties, and for other purposes. Referred to Committee on Highways and Public Roads. Senator Jackson of the 14th District, Vice-Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and approved Senate Bill No. 11 and find same ready for transmission to the House. Respectfully submitted, JACKSON, Vice-Chairman. Senator Shannon of the 21st District, Chairman of the Committee on Judiciary No.2, submitted the following report: Mr. President: Your Committee on Judiciary No. 2 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 15. Do pass. Respectfully submitted, SHANNON, Chairman. Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 18. Do pass. Respectfully submitted, ENNIS, Chairman. 226 JouRNAL oF THE SENATE, Senator Williams of the 5th District, Chairman of the Committee on Public Printing, submitted the following report: Mr. President: Your Committee on Public Printing have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 13. Do pass. Respectfully submitted, WILLIAMS, Chairman. 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 the 1st District, and Pope of the 7th District- Senate Bill No. 13. A bill to amend Code Sections 105-704 and 105-706, so as to broaden the scope of privilege as applied to newspaper libel, and for other purposes. By Senator Millican of the 52nd District- Senate Bill No. 15. A bill providing that all conveyances used on roads and waters of the State in conveying tickets or records used in the operation of a lottery by any person or firm in violation of Sections 26-6501 and 26-6502 shall be seized; to provide for disposition of funds arising from sale of such vehicles; and for other purposes. By Senator Ennis of the 20th District- Senate Bill No. 18. A bill amending Tax Act of 1935 by reducing the tax to the sum of $25.00 on county or municipal fairs, and for other purposes. Senator Neely of the 36th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Temperance, read the second time, and recommitted to the same committee: THURSDAY, DECEMBER 2, 1937. 227 By Messrs. Coleman of Lowndes, Harris of Richmond, Sutton of Wilkes, and Gross of Stephens- House Bill No. 1. A bill to amend an Act approved March 23, 1935, providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes. The consent was granted, the bill was read the second time and recommitted to the Committee on Temperance. Senator Pope of the 7th District asked unanimous consent that the following resolution of the Senate be withdrawn from further consideration of the Senate: By Senators Pope of the 7th District and Phillips of the 29th District- Senate Resolution No. 10. A resolution providing for the establishment of a Legislative Economy Commission, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Harrison of Crawford- House Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Roberta, and for other purposes. By Mr. Whipple of Bleckley- House Bill No. 63. A bill to be entitled an Act to amend Section 96 of an Act approved August 15, 1904 (Georgia Laws 1904, page 407) to create a new charter for the town of Cochran, and for other purposes. By Messrs. Houston and Perry of Worth- House Bill No. 64. A bill to be entitled an Act to amend" A.n Act to create a new charter for the City of Sylvester," and for other purposes. 228 JouRNAL OF THE SENATE, By Mr. McGehee of Dawson- House Bill No. 74. A bill to be entitled an Act to amend the charter of the town of Dawsonville, Georgia, so as to give the Mayor and Council of said town the right to borrow money for Municipal, and for other purposes. By Mr. Hamby of Rabun- House Bill No. 76. A bill to be entitled an Act to grant permission for the City of Clayton to increase its bonded indebtedness from seven to 10%, and for other purposes. By Messrs. Simmons and Kirbo of Decatur- House Bill No. 77. A bill to be entitled an Act to repeal an Act to incorporate the Town of Diffee in Decatur County, and for other purposes. The following bill of the Senate was read the third time and put upon its passage: By Senator Forrester of the 44th District- Senate Bill No. 11. A bill to amend the charter of the City of Trenton, and for other purposes. The report 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 third time and put upon their passage: By Mr. Guyton of Effingham- House Bill No. 9. A bill to reduce the official bond of the Sheriff of Effingham 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, DECEMBER 2, 1937. 229 The bill having received the requisite constitutional majority was passed. By Mr. Sutton of Wilkes- House Bill No. 14. A bill to amend an Act approved July 22nd, 1929, creating the office of Tax Commissioner of Wilkes 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. 37. A bill granting to the Commissioners of Roads and Revenues of Glynn County authority to adopt and enforce zoning ordinances, and for other purposes. The report 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. Warnock of Montgomery- House Bill No. 55. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of 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 37, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Warnock of Montomery- House Bill No. 56. A bill to create a Board of Commissioners 230 JouRNAL oF THE SENATE, of Roads and Revenues for the County of Montgomery, and for other purposes. The report 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 communication from His Excellency, the Governor, was read by the Secretary of the Senate: Decemher 2, 1937. HoN. JoHN B. SPIVEY, President, AND MEMBERS OF THE STATE SENATE, Dear Mr. President, and Gentlemen of the Senate: Your thoughtfulness in extending greetings on my birthday of yesterday, by the formal passage of a resolution, is most gratefully acknowledged. The fine sentiments expressed in the resolution, and the splendid friendship evidenced by its passage, will ever be treasured by me as one of the bright moments in my life. It shall also serve to inspire a continued effort towards meriting the fine confidence you expressed. May God bless you in your continued deliberations for the people of Georgia. Sincerely yours, E. D. RIVERS, Governor. The following bills of the House were read the first time and referred to the committees: By Mr. Harrison of Crawford- House Bill No. 24. A bill to create a new charter for the CitY of Roberta, and for other purposes. . Referred to Committee on Municipal Government. THURSDAY, DECEMBER 2, 1937. 231 By Mr. Whipple of BleckleyHouse Bill No. 63. A bill to create a new charter for the Town of Cochran, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Houston and Perry of Worth- House Bill No. 64. A bill to amend an Act to create a new charter for the City of Sylvester, and for other purposes. Referred to Committee on Municipal Government. By Mr. McGehee of DawsonHouse Bill No. 74. A bill to amend the charter of the Town of Dawsonville, and for other purposes. Referred to Committee on Municipal Government. By Mr. Hamby of RabunHouse Bill No. 76. A bill to grant permission for the City of Clayton to increase its bonded indebtedness from seven to ten per cent, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Simmons and Kirbo of Decatur- House Bill No. 77. A bill to repeal an Act incorporating the Town of Diffee, and for other purposes. Referred to Committee on Municipal Government. The following bill of the Senate, having been carried over from yesterday's session as unfinished business, was taken up and consideration of same section by section was resumed at this point. By Senator Ennis of the 20th DistrictSenate Bill No. 5. A bill to create and prescribe the powers and duties of a State Civil Service Commission, and for other purposes. Section 5 of Senate Bill No. 5 was read: Senator Patten of the 6th District offered an amendment to 232 JouRNAL OF THE SENATE, Section 5 of Senate Bill No. 5 which was lost. Senator Harrison of the 17th District offered an amendment to Section 5 of Senate Bill No.5 which was lost. Senator Shedd of the 3rd District offered an amendment to Section 5 of Senate Bill No. 5 which was lost. Senator Ennis of the 20th District offered the following amendment to Senate Bill No.5: To amend by substituting for the present Section 5 the followmg: "Persons holding positions in the Classified Service when this Act becomes effective, shall be deemed to be holding said positions temporarily until the Director can, by non-competitive examinations, ascertain the capability of such employees, which non-competitive examinations shall be completed within six months of the effective date of this act. The non-competitive tests may take into consideration the elements of character, education, experience, aptitude, knowledge, skill, personality, physical fitness, and other pertinent matters so as to determine the qualifications, fitness, and ability of persons tested. All persons failing to meet a reasonable standard of fitness as shown by the non-competitive test shall be released within (30) days after the certification of their failure. All persons who successfully meet a reasonable standard of fitness as shown by the noncompetitive tests shall be certified as being qualified and shall continue to hold their positions 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." On the adoption of the amendment by Senator Ennis, Senator Atkinson of the 1st District called for the aves and navs and the call was sustained. . . The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Atkinson Atwood Brock Burgin Burrell Ennis Forrester Fowler Hardman Kimbrough Knabb THURSDAY, DECEMBER 2, 1937. 233 Lindsay McKenzie Millican Neely Peebles Phillips Pope Purdom Shannon Shedd Sikes Thrasher Williams Those voting in the negative were Senators: Almand Aultman Chason Flynt Griner Hampton Harrell Harrison Home Johnson Jones Moye Patten Peterson Pruett Robinson Sammon Terrell Turner Walker Whitehead Verification of the roll call was dispensed with. The ayes were 25, the nays 21. The amendment by Senator Ennis of the 20th District was therefore adopted. Not voting were: Senators Clements of the 9th District, Holmes of the 22nd District, Jackson of the 14th District, McCutchen of the 43rd District, and Sutton of the 47th District. At this point the President ordered the Secretary to read Senate Rule No. 88. Senator Almand of the 50th District offered the following amendment to Senate Bill No. 5: To amend by striking all of Section 5 and numbering succeeding sections properly. On the amendment by Senator Almand, Senator Almand of the 50th 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 Chason Flynt Griner Hampton Harrell Harrison Home Jones :Moye Peterson Pruett 234 joURNAL OF THE SENATE, Robinson Sammon Terrell Walker Whitehead Those voting in the negative were Senators: Allen Atkinson Atwood Brock Burgin Burrell Ennis Forrester Fowler Hardman Johnson Kimbrough Knabb McKenzie Millican Neely Patten Peebles Phillips Pope Purdom Shannon Shedd Sikes Sutton Thrasher Turner Williams Verification of the roll call was dispensed with. The ayes were 17, the nays 28. The amendment by Senator Almand of the 50th District was therefore lost. Not voting were: Senators Aultman of the 23rd District, Clements of the 9th District, Holmes of the 22nd District, Jackson of the 14th District, Lindsay of the 34th District, and McCutchen of the 43rd District. Section 5 of Senate Bill No. 5 was adopted, as amended. Section 6 of Senate Bill No. 5 was read and adopted. Section 7 of Senate Bill No. 5 was read and adopted. Section 8 of Senate Bill No. 5 was read and adopted. Section 9 of Senate Bill No. 5 was read. Senator Harrell of the 12th District offered an amendment to Section 9 of Senate Bill No.5 which was lost. Section 9 of Senate Bill No. 5 was adopted. Section 10 of Senate Bill No. 5 was read and adopted. Section 11 of Senate Bill No. 5 was read and adopted. Section 12 of Senate Bill No. 5 was read and adopted. THURSDAY, DECEMBER 2, 1937. 235 Section 13 of Senate Bill No. 5 was read and adopted. Section 14 of Senate Bill No. 5 was read and adopted. Section 15 of Senate Bill No. 5 was read and adopted. Section 16 of Senate Bill No. 5 was read and adopted. Section 17 of Senate Bill No. 5 was read and adopted. Section 18 of Senate Bill No. 5 was read. Senator Ennis of the 20th District offered the following amendment to Senate Bill No. 5: To amend Section 18, lines 5, 6, 7 by striking out the words: "At least one examination shall be called and held each year in each Congressional District of the State, after publication in the official organ of each County in such District", and substituting the following words: "In the discretion of the Director and the Governor residence requirements may be waived for technical and professional positions for which qualified applicants who are residents of Georgia can not be obtained." The amendment by Senator Ennis was adopted. Senator Allen of the 31st District offered the following amendment to Senate Bill No.5: To amend Section 18 by adding at the end of the second sentence the following words: "after thirty days notice of same." The amendment by Senator Allen was adopted. Section 18, as amended, was adopted. Section 19 of Senate Bill No. 5 was read. Senator Whitehead of the 30th District offered the following amendment to Senate Bill No. 5: To amend Section 19 as follows: By adding after the word "service" in line 6 of said paragraph, the following words: "and the widows of any deceased soldiers or sailors." And by adding at the end of said Section 19 the following: 236 JouRNAL OF THE SENATE, "In making any reduction of forces in any of the departments, the head of such department shall retain those persons who may be equally qualified and who have been honorably discharged from the military or naval service of the United States as set out above and the widows of deceased soldiers and sailors. "In the event of reductions being made in the force of any of the departments, no honorable discharged soldier or sailor or the widow thereof whose record in said department is rated good, shall be discharged or dropped or reduced in rank or pay until all other employees in such department have been suspended or discharged. "No rule or rules adopted under the provisions of this Act with reference to any age limitation whatsoever shall apply in any way to any honorably discharged soldier or sailor or the widow of any honorably discharged soldier or sailor who has served in the United States Army, Navy, Marine Corps, Coast Guard or in Army or Navy Nurses Corps as aforesaid." The amendment by Senator Whitehead was adopted. Senator Allen of the 31st District offered the following amendment to Senate Bill No. 5: To amend by adding at the end of Section 19 the following words: "It is further provided that the examining board shall inquire of the applicants such facts as will disclose their economic condition and shall give preference at all times to the most needy when and if able to meet the requirements under this Act; it is further provided that in case of marriage of a female employee her further service under this Act shall rest entirely in the discretion of the Director." The amendment by Senator Allen was adopted. Section 20 of Senate Bill No.5 was read and adopted. Section 21 of Senate Bill No. 5 was read and adopted. Section 22 of Senate Bill No. 5 was read. Senator Allen of the 31st District offered the following amendment to Senate Bill No.5: THURSDAY, DECEMBER 2, 1937. 237 To amend Section 22 by striking from lines 10 and 11 the following words: "and time shall be allowed therefor during office hours." The amendment by Senator Allen was adopted. Section 22 of Senate Bill No. 5 was adopted, as amended. Section 23 of Senate Bill No. 5 was read and adopted. Section 24 of Senate Bill No. 5 was read and adopted. Section 25 of Senate Bill No. 5 was read and adopted. Section 26 of Senate Bill No. 5 was read: Senator Purdom of the 46th District offered the following amendment to Senate Bill No. 5: To amend Section 26 thereof by striking the word "June" as appears therein and substituting in lieu thereof the word "April" so that said section shall read "(Effective Date) That this Act shall take effect April 1, 1938." The amendment by Senator Purdom was adopted. The caption of Senate Bill No.5 was read and 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, Senator Harrell of the 12th District called for the ayes and nays and the call was -sustained. Senator McKenzie of the 48th District moved the previous question on the passage of Senate Bill No. 5, as amended, and the motion prevailed. The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Atldnson Atwood Aultman Brock Burgin Burrell Ennis Forrester Fowler Hardman Jackson Kimbrough Knabb McKenzie 238 JoURNAL OF THE SENATE, Millican Neely Patten Peebles Phillips Pope Purdom Shannon Shedd Sikes Sutton Thrasher Williams Those voting in the negative were Senators: Almand Chason Fl.rnt Griner Hampton Harrell Harrison Horne Johnson Jones Lindsay Moye Peterson Pruett Robinson Sammon Terrell Turner Walker Whitehead Verification of the roll call was dispensed with. The ayes were 28, the nays 20. The bill having received the requisite constitutional majority was passed, as amended. Not voting were: Senators Clements of the 9th District, Holmes of the 22nd District, and McCutchen of the 43rd District. Senator Millican of the 52nd District was granted a leave of absence from Friday's session of the Senate due to business awaY from Atlanta. T~e following privilege resolutions were read and adopted: BY Senator Terrell of the 19th District- A resolution extending the privileges of the floor to Mrs. Jim Pate, daughter of former Senator Ragan of the 45th District. Bv Senator Horne of the lOth District- A resolution extending the privileges of the floor to Hon. W. J. Crowe of Sylvester, Georgia. The hour of 1:20 o'clock having arrived, the President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. FRIDAY, DECEMBER 3, 1937. 239 SENATE CHAMBER, ATLANTA, GA. FRIDAY, DECEMBER 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 Millican of the 52nd 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, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills favorably reported. 4. First reading and reference of House bills. 5. Putting on passage general Senate and House bills ready for third reading. The consent was gran ted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: 240 JouRNAL OF THE SENATE, By Mr. Sapp of Coffee- House Bill No. 10. 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, and for other purposes. By Messrs. Parker and Barlow of Colquitt- House Bill No. 17. A bill to be entitled an Act to amend an Act approved March 31, 1937, Ga. Laws 1937, further defining who are and who are not dealers in live stock within the contemplation of said Act, and for other purposes. By Mr. Etheridge of Houston- House Bill No. 18. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System, and for other purposes. By Mr. Mavity of Walker- House Bill No. 19. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State Aid System, and for other purposes. By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 29. A bill to be entitled an Act to amend Section 92-4001 of the 1933 Ga. Code authorizing towns and cities in addition to the powers conferred by the provisions of said code section, to create boards of tax appeals, and for other purposes. By Mr. Cogdell of Glynn- House Bill No. 36. A bill to be entitled an Act to amend the State Highway Mileage Act by adding a certain road to the State :\id System, and for other purposes. By Mr. Carmichael of Randolph- House Bill No. 46. A bill to be entitled an Act to reduce the amount of the official bond of the Sheriff of Randolph County from S10,000 to $5,000, and for other purposes. FRIDAY, DECEMBER 3, 1937. 241 By Mr. Gross of Stephens- House Bill No. 62. A bill to be entitled an Act to amend an Act to create and establish the City Court of Stephens County by striking certain words, and for other purposes. By Messrs. Perry and Houston of Worth- House Bill No. 86. A bill to be entitled an Act to reduce the official bond of the Sheriff of Worth County from $10,000 to $5,000, and for other purposes. By Mr. Dean of Rockdale- House Bill No. 90. A bill to be entitled an Act to amend an Act providing for the Board of County Commissioners of Rockdale County, and for other purposes. ByMr. Williams of Jones- House Bill No. 97. A bill to be entitled an Act to amend the charter of the Town of Gray, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senators Ennis of the 20th District, Shedd of the 3rd District, Chason of the 8th District, Shannon of the 21st District, Patten of the 6th District, and Johnson of the 42nd District- Senate Bill No. 26. A bill to provide for reversion of title to the State of the beds of all non-navigable tide-waters heretofore claimed by adjacent landowners, and for other purposes. Referred to Committee on Conservation. By Senator Atkinson of the 1st District- Senate Bill No. 27. A bill to amend an Act abolishing the office of County Treasurer of Chatham County, and prescribing addi.tional duties for the County Commissioners and Ex-Officio Judges, and for other purposes. Referred to Committee on Counties and County Matters. By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District- 242 JouRNAL OF THE SENATE, Senate Bill No. 28. A bill to perfect the present corporation laws of Georgia, and for other purposes. Referred to Committee on General Judiciary No.2. By Senator Millican of the 52nd District- Senate Bill No. 29. A bill to provide for the use of voting machines at all elections in cities having a population of 200,000 or more in the State of Georgia, and for other purposes. Referred to Committee on Municipal Government. By Senators Shedd of the 3rd District, Chason of the 8th District, Shannon of the 21st District, Patten of the 6th District, and Johnson of the 42nd District- Senate Bill No. 30. A bill to repeal the Act prescribing. the boundaries of land adjacent to tide-waters, and to prescribe the rights of owners of such lands, and for other purposes. Referred to Committee on Conservation. The following resolution of the Senate was read and adopted: By Senator Harrison of the 17th District- Senate Resolution No. 15. A resolution that a joint committee be appointed to make plans and arrange details for the visit of the General Assembly to the City of Gainesville on December 8, 1937 to dedication of Roosevelt Park. The President appointed as a committee on the pa~t of the Senate under the above resolution the following: Senators Allen of the 31st District, and Sammon of the 51st District. Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and Senate and FRIDAY, DECEMBER 3, 1937. 243 have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 24. Do pass. Senate Bill No. 14. Do pass. Senate Bill No. 21. Do pass. Senate Bill No. 23. Do pass. Senate Bill No. 24. Do pass. Respectfully submitted, PEEBLES, Chairman. Senator Shannon of the 21st District, Chairman of the Committee on General Judiciary No. 2, submitted the following report: .'VIr. President: Your Committee on General Judiciary No. 2 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 19. Do pass. Respectfully submitted, SHANNON, Chairman. Senator Jackson of the 14th District, Vice-Chairman of the Committee on Engrossing, submitted the following report: "'VIr. President: Your Committee on Engrossing have read and approved Senate Bill No. 5 and find same ready for transmission to the House of Representatives. Respectfully submitted, JAcKSON, Vice-Chairman. Senator Neely of the 36th District, Chairman of the Committee on Temperance, submitted the following report: 244 JouRNAL OF THE SENATE, Mr. President: Your Committee on Temperance have had under consideration the following bill of the House of Representatives and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 1. Do pass. Respectfully submitted, NEELY, Chairman. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Brock of the 37th District- Senate Bill No. 14. A bill amending the charter of the City of Carrollton, and for other purposes. By Senator Harrell of the 12th District- Senate Bill No. 19. A bill to provide that the amount of all income taxes be paid by a citizen of Georgia to the Federal Government shall be allowed as a deduction from income tax due and payable to the State of Georgia, and for other purposes. By Senator McKenzie of the 48th District- Senate Bill No. 21. A bill to amend the city charter of Cordele, and for other purposes. By Senator Shedd of the 3rd District- Senate Bill No. 23. A bill to repeal an Act incorporating the City of Jesup, and for other purposes. By Senator Shedd of the 3rd District- Senate Bill No. 24. A bill to create a new charter for the City of Jesup; to prescribe the rights and powers; and for other purposes. The following bill of the House, favorably reported by the committee, was read the second time: FRIDAY, DECEMBER 3, 1937. 245 By Mr. Harrison of Crawford- House Bill No. 24. A bill to create a new charter for the City of Roberta, and for other purposes. The following bills of the House were read the first time and referred to the committees: By Mr. Sapp of Coffee- House Bill No. 10. A bill to amend the State Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Parker and Barlow of Colquitt- House Bill No. 17. A bill amending the Act of 1937, with reference to dealers in live stock, and for other purposes. Referred to Committee on Agriculture. By Mr. Etheridge of Houston- House Bill No. 18. A bill to amend the State Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Mavity of WalkerHouse Bill No. 19. A bill to amend the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 29. A bill amending Code Section 92-4001, allowing towns and cities to create boards of tax appeals, and for other purposes. Referred to Committee on Finance. By Mr. Cogdell of GlynnHouse Bill No. 36. A bill to amend the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. 246 JouRNAL OF THE SENATE, By Mr. Carmichael of Randolph- House Bill No. 46. A bill to reduce the bond of the Sheriff of Randolph County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Gross of Stephens- House Bill No. 62. A bill amending the Act creating the City Court of Stephens, and for other purposes. Referred to Committee on General Judiciary No. 1. By Messrs. Perry and Houston of Worth- House Bill No. 86. A bill to reduce the official bond of the Sheriff of Worth County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Dean of Rockdale- House Bill No. 90. A bill to amend an Act providing for the Board of County Commissioners of Rockdale County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Williams of Jones- House Bill No. 97. A bill to amend the charter of the Town of Gray, and for other purposes. Referred to Committee on Municipal Government. The following bills of the Senate were read the third time and put upon their passage: By Senator Robinson of the 13th District- Senate Bill No. 10. A bill to amend Code Sections 36-1104, 36-1115 and 95-1715 with reference to the condemnation of roads by the Federal Government, State and Counties, and for other purposes. The Committee on Highways and Public Roads offered the following amendments to Senate Bill No. 10: FRIDAY, DECEMBER 3, 1937. 247 1st. To amend by adding in the 8th line of the caption, after the word "for" and before the word" borrow-pits," the following word, to-wit: "detours." 2nd. To amend by adding in the 9th line of Section three, after the word" for" and before the word borrow-pit," the following word, to-wit: "detours." 3rd. To amend by adding in the 26th line of the said third Section, after the word" for," and before the word" borrow-pits," the following word, to-wit: "detours." 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 34, the nays 0. The bill having received the requisite constitutional majority, was passed, as amended. By Senators Williams of the 5th District, Atkinson of the 1st District, and Pope of the 7th District- Senate Bill No. 13. A bill to amend Code Sections 105-704 and 105-706 so as to broaden the scope of privilege as applied to newspaper libel, and for other purposes. Senator Williams of the 5th District offered the following amendment to Senate Bill No. 13: To amend by adding the following proviso at the end of Section One: "Provided, however, that this Act shall in no wise repeal the provisions of Section 26-2105 of the Code of 1933 as to name or identity of female alleged to have been raped or assaulted." The amendment by Senator Williams 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. 248 JouRNAL OF THE SENATE, The bill having received the requisite constitutional majority, was passed, as amended. Senator Williams of the 5th District asked unanimous consent that Senate Bill No. 13 be immediately transmitted to the House and the consent was granted. By Senator Ennis of the 20th District- Senate Bill No. 18. A bill amending the Tax Act of 1935 by reducing the tax on County or Municipal Fairs to the sum of $25.00, 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 27, the nays 3. The bill having received the requisite constitutional majority, was passed. By Senator Millican of the 52nd District- Senate Bill No. 15. A bill providing that all conveyances used on roads and waters of the State in conveying tickets or records used in the operation of a lottery by any person or firm in violation of Sections 26-6501 and 26-6502 shall be seized; to provide for disposition of funds arising from sale of such vehicles; and for othe~ purposes. Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 15: To amend Section 1 by striking sub-paragraph" B" and inserting in lieu thereof the following words: "(B) The remainder shall, if the vehicle be seized by a city officer within the incorporate limits of a municipality, go into the school funds of said municipality; if seized by a county or State officer, go to the public school funds of the county in which seized." .-\lso to amend by strikin'g all of Paragraph (D) in its entirety. The amendments by Senator Lindsay were adopted. FRIDAY, DECEMBER 3, 1937. 249 Senator Millican of the 52nd District offered the following amendment to Senate Bill No. 15: To amend by adding a new section to be known as Section 2 and reading as follows: "Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed." The amendment by Senator Millican 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 resolution of the Senate was introduced and read: By Senator Terrell of the 19th District- Senate Resolution No. 16. A resolution providing that no resolution calling for a sine die adjournment be entertained by the Senate unless such proper allocations are made to the several counties, in the event of the passage of the Homestead Exemption Bill by the House of Representatives. The President ruled that Senate Resolution No. 16 by Senator Terrell of the 19th District was out of order. The following resolution of the Senate was read and adopted: By Senator Millican of the 52nd District- Senate Resolution No. 17. A resolution providing for the appointment of a committee from the Senate to work with a like committee already appointed from the House in the preparation and working out of a bill on intangibles, and for other purposes. Senator Harrell of the 12th District and Senator Purdom of the 46th District asked unanimous consent that they be granted a leave of absence from the sessions of the Senate on next Monday and Tuesday. The consent was granted. 250 JouRNAL OF THE SENATE, The following bill of the House was taken up for consideration and the caption thereof read: By Messrs. Coleman of Lowndes, Harris of Richmond, Sutton of Wilkes, and Gross of Stephens- House Bill No. 1. A bill to be entitled an Act to amend an Act approved March 23, 1935, providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes. Senator Harrell of the 12th District asked unanimous consent that he be permitted to cast his vote at this time on House Bill No. 1 and retire. The consent was granted. Senator Harrell of the 12th District voted aye on the passage of the bill and nay on any and all amendments thereto. Senator Purdom of the 46th District asked unanimous consent that he be permitted to cast his vote at this time on House Bill No. 1 and retire. The consent was granted. Senator Purdom of the 46th District voted aye on the passage of the bill and nay on any and all amendments thereto. Senator Atkinson of the 1st District moved that further consideration of House Bill No. 1 be postponed until Monday, December 6, 1937, at which time it be made a special and continuing order of business immediately following the period of unanimous consents. The motion prevailed. The following privilege resolutions were read and adopted: By Senator Sutton of the 47th District- A resolution extending the privileges of the floor to Judge Waldo DeLoach of Moultrie, Georgia. By Senator Allen of the 31st District- A resolution extending the privileges of the floor to the Senior Class of Eastanollee High School of Stephens County, Georgia. FRIDAY, DECEMBER 3, 1937. 251 By Senator Fowler of the 39th District- A resolution extending the privileges of the floor to Mrs. Joe Burgin, wife of the distinguished Senator of the 24th District. By Senator Neely of the 36th District- A resolution extending the privileges of the floor to Hon. J. T. Callaway of the County of Meriwether. Senator Atkinson of the 1st District asked unanimous consent that when the Senate adjourn today that it stand adjourned until Monday, December 6, 1937, at 10:00 o'clock A. M. The consent was granted. 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 Monday, December 6, 1937, at 10:00 o'clock A. M. 252 JouRNAL oF THE SENATE, SENATE CHAMBER, ATLANTA, GA., MoNDAY, DEcEMBER 6, 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. Jack Durden, Pastor of the Primitive Baptist Church, Swainsboro, Georgia, and announced that he would act as Chaplain of Senate for a short while. Prayer was offered by Rev. Mr. Durden. Senator Phillips of the 29th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. SeAator Jones of the 38th District, Vice-Chairman of the Committee on Journals, reported that the Journal of Friday, December 3, 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 gran ted. The Journal.was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local Senate and House bills. ;J. First reading and reference of House bills and resolutions. 6. Unfinished business of previous session. 7. Putting on passage general bills ready for third reading. The consent was granted. MoNDAY, DECEMBER 6, 1937. 253 The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senators Purdom of the 46th District and Jackson of the 14th District- Senate Bill No. 31. A bill to amend Section 92-5301 of the Code with reference to fees and commissions of Tax Receivers and Tax Collectors, and for other purposes. Referred to Committee on General Judiciary No. 1. By Senator Horne of the lOth District- Senate Bill No. 32. A bill to amend the Traylor-Neill Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. Senator Jackson of the 14th District, Vice-Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and approved the following bills of the Senate and found same ready for transmission to the House of Representatives: Senate Bill No. 10. Senate Bill No. 13. Senate Bill No. 15. Senate Bill No. 18. Respectfully submitted, JAcKsoN, Vice-Chairman. Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under considera- tion the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: 254 JouRNAL oF THE SENATE, Senate Bill No. 4. Do pass, by substitute. Respectfully submitted, SHEDD, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 63. Do pass. House Bill No. 77. Do pass. House Bill No. 35. Do pass. House Bill No. 12. Do pass. Respectfully submitted, PEEBLES, Chairman. The following bills of the House, favorably reported by committees, were read the second time: By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 12. A bill to amend the Acts incorporating the Town of Thunderbolt, and for other purposes. By Mr. Cogdell of Glynn- House Bill No. 35. A bill to amend the charter of the CitY of Brunswick, and for other purposes. . By Mr. Whipple of Bleckley- House Bill No. 63. A bill to create a new charter for the Town of Cochran, and for other purposes. By Messrs. Simmons and Kirbo of Decatur- House Bill No. 77. A bill to repeal an Act incorporating the Town of Diffee, and for other purposes. MoNDAY, DECEMBER 6, 1937. 255 The following bills of the Senate were read the third time and put upon their passage: By Senator Brock of the 37th DistrictSenate Bill No. 14. A bill amending the charter of the City of Carrollton, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator McKenzie of the 48th DistrictSenate Bill No. 21. A bill to amend the city charter 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 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Shedd of the 3rd DistrictSenate Bill No. 23. A bill to repeal an Act incorporating the City of Jesup, and for other purposes. The report of the committee, which was favorable to the pas- sage 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 DistrictSenate Bill No. 24. A bill to create a new charter for the City of Jesup; to prescribe the rights and powers; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 256 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. The following bill of the House was read the third time and put upon its passage: By Mr. Harrison of Crawford- House Bill No. 24. A bill to create a new charter for the Citv of Roberta, and for other purposes. . The report 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 message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mrs. Mankin, Messrs. Hastings and Kendrick of Fulton- House Bill No. 4. A bill to be entitled an Act to amend the State Highway Mileage by adding certain mileage to the State Aid System of Roads, and for other purposes. By Mr. Kirbo of Decatur- House Bill No. 45. A bill to be entitled an Act to amend an Act providing for the creation of the Board of Commissioners of Roads and Revenue of Decatur County by making Bainbridge Commissioners District No. 1, and for other purposes. By Mr. Salter of Baker- House Bill No. 99. A bill to be entitled an Act to require Baker County to pay the officers of court the costs now allowed by law in each case convicted and worked on chain gang, or eligible for chain gang service and put to other uses, and for other purposes. MoNDAY, DEcEMBER 6, 1937. 257 By Mr. Herndon of Hart- House Bill No. 116. A bill to be entitled an Act to amend the Act incorporating the Town of Hartwell, in Hart County, and certain acts amendatory thereof, and for other purposes. By Mr. Morris of Douglas- House Bill No. 118. A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes. By Mr. Morris of Douglas- House Bill No. 119. A bill to be entitled an Act to reduce the official bond of the Sheriff of Douglas County, and for other purposes. By Messrs. Grayson, Cohen, and McNall of Chatham- House Bill No. 120. A bill to be entitled an Act to amend the Acts of the Legislature effecting the Municipal Court of Savannah, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit: By Senator Forrester of the 44th District- Senate Bill No. 11. A bill to be entitled an Act to amend the charter of the City of Trenton, in Dade County, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Clements of Wheeler, Rawlins of Ben Hill, Scruggs of Washington, Barlow of Colquitt, Brewton of Evans, and Bond of Oconee- 258 JouRNAL oF THE SENATE, House Resolution No. 39. A resolution requesting the securing of an appropriation by the Congress of the United States to repay producers the cotton tax levied under the Bankhead law, and for other purposes. The following bill 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 Messrs. Coleman of Lowndes, Harris of Richmond, Sutton of Wilkes, and Gross of Stephens- House Bill No. 1. A bill to be entitled an Act to amend an Act approved March 23, 1935, providing for license and excise taxes upon the business of dealing in malt beverages, and for other purposes. Senator LindsaY of the 34th District moved that further consideration of Hou"se Bill No. 1, known as the Beer Tax Act, be postponed until Monday, December 13, 1937. Senator Pruett of the 32nd District offered to amend the motion by Senator Lindsay so that further consideration of House Bill No. 1 would be postponed until Wednesday, December 8, 1937. The amendment by Senator Pruett of the 32nd District was agreed to. On the adoption of the motion by Senator Lindsay, as amended, Senator Atkinson of the 1st 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 Flynt Horne Jones Lindsay Moye Peterson Pruett Robinson Shannon Thrasher Walker Sammon Those voting in the negative were Senators: Allen Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements MoNDA v, DECEMBER 6, 1937. 259 Forrester Fowler Griner Hampton Hardman Holmes Jackson Johnson Kimbrough McCutchen McKenzie Neely Peebles Phillips Pope Sikes Sutton Terrell Turner Whitehead Williams Verification of the roll call was dispensed with. The ayes were 13, the nays 30. The motion by Senator Lindsay of the 34th District, as amended by Senator Pruett of the 32nd District, was therefore lost. Not voting were: Senators Ennis of the 20th District, Harrell of the 12th District, Harrison of the 17th District, Knabb of the 4th District, Millican of the 52nd District, Purdom of the 46th District, and Shedd of the 3rd District. On the passage of the bill, Senator Lindsay of the 34th District called for the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Atkinson Atwood Brock Burgin Burrell Chason Clements Forrester Fowler Griner Hampton Hardman Harrell Holmes Jackson Johnson Jones Kimbrough McCutchen McKenzie Moye Neely Patten Peebles Phillips Purdom Shannon Sikes Sutton Terrell Turner Whitehead Williams Those voting in the negative were Senators: Almand Aultman Flynt Horne Lindsay Peterson Pope Pruett Robinson Sammon Thrasher Walker Verification of the roll call was dispensed with. The ayes were 34, the nays 12. 260 JouRNAL OF THE SENATE, The bill having received the requisite constitutional majority was passed. Not voting were: Senators Ennis of the 20th District, Knabb of the 4th District, Millican of the 52nd District, and Shedd of the 3rd District. The following resolution of the House was read and adopted: By Messrs. Clements of Wheeler, Rawlins of Ben Hill, Scruggs of Washington, Barlow of Colquitt, Brewton of Evans, and Bond of Oconee-- House Resolution No. 39. A resolution requesting the Georgia Delegation in Congress to use every effort to secure an appropriation to repay cotton producers the amount of tax paid by them under the Bankhead law, and for other purposes. Senators Terrell of the 19th District, Flynt of the 26th District, McKenzie of the 48th District, and Holmes of the 22nd District were granted leaves of absence from the Senate on Tuesday, December 7. The following bills of the House were read the first time and referred to the committees: By Messrs. Hastings, Kendrick and Mrs. Mankin of Fulton- House Bill No. 4. A bill to amend the State Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Kirbo of Decatur- House Bill No. 45. A bill amending the Act creating the Board of Commissioners of Roads and Revenue for Decatur County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Salter of Baker- House Bill No. 99. A bill with reference to the payment of costs to the officers of Baker County, and for other purposes. Referred to Committee on Counties and County Matters. MoNDAY, DECEMBER 6, 1937. 261 By Mr. Herndon of Hart- House Bill No. 116. A bill to amend the charter of the City of Hartwell, and for other purposes. Referred to Committee on Municipal Government. By Mr. Morris of Douglas- House Bill No. 118. A bill amending the Act creating the office of Tax Commissioner of Douglas County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Morris of Douglas- House Bill No. 119. A bill to reduce the bond of the Sheriff of Douglas County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Grayson, Cohen, and McNall of Chatham- House Bill No. 120. A bill amending the Acts of the Legislature with reference to the Municipal Court of Savannah, Ga., and for other purposes. Referred to Committee on Counties and County Matters. The following resolution of the Senate was read .the third time: By Senator Chason of the 8th District- Senate Resolution No. 11. A resolution amending the Constitution by allowing certain counties to levy taxes for the purpose of furnishing medical care for the indigent sick people, and for other purposes. The hour of 1:00 o'clock P. M. having arrived the President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. 262 JouRNAL oF THE SENATE, SENATE CHAMBER, ATLANTA, GA., TuEsDAY, DECEMBER 7, 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 Millican of the 52nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. The Journal was confirmed. Senator Neelv of the 36th District asked unanimous consent that the follow'ing bill of the Senate be withdrawn from the Committee on General Judiciary No. 1, read a second time and recommitted to the Committee on General Judiciary '\To. 1: By Senators Purdom of the 46th District and J ackso.n of the 14th District- Senate Bill No. 31. A bill to amend Section 92-5301 of the Code with reference to fees and commissions of tax receivers and tax collectors, and for other purposes. The consent was gran ted, the bill read a second time and recommitted to Committee on General Judiciary No. 1. Senator Lindsav of the 34th District asked unanimous consent that a copy ~fa communication from Hon. Hugh Peterson, member of Congress from First Congressional District of Georgia, to each member of the Senate in reply to Senate Resolution :'\o. 9, be incorporated in the Journal of the Senate. The consent was granted. TUESDAY, DECEMBER 7, 1937. 263 The communication from Hon. Hugh Peterson above referred to read as follows: December 4, 1937. HoN. JoHN \V. HAMMOND, Secretary of the State Senate, State Capitol, Atlanta, Ga., Dear John: I am in receipt of your letter inclosing copy of resolution adopted by the Georgia State Senate in which they" as the Representatives of the people of Georgia implore and urge the Senators and Representatives to begin without a further waste of time to prepare and assist in enacting laws" designed, in harmony with the President's program, to relieve the present" deplorable condition of the Georgia farmers." It is interesting to have this expression from our State Senate at this time. I believe, however, that in this rebuke of members of Congress for not "advancing some plan of their own" the fact has been overlooked that there is now pending before the U. S. House of Representatives a plan which will accomplish the results desired by our Georgia State Senate. This measure, which I, as a member of Congress and without a "waste of time," prepared and introduced, has been favorably reported by the Public Lands Committee of the House, and is now on the House Calendar. It is known as, "House Resolution No. 6748-A bill to establish a National Land Polin, and to provide homesteads free of debt for actual farm families." - The plan of this measure is based on the ideal as expressed by our President and incorporated in the committee report of the bill, in which he states, that-" In all our plans we are guided, and will continue to be guided, by the fundamental belief that the American farmer, living on his own land, remains our ideal of self-reliance and of spiritual balance." In order that each member of the Georgia State Senate may have complete official information regarding this legislation I 264 JouRNAL OF THE SENATE, am sending to each member under registered mail today a copy of this bill, House Resolution No. 6748, a copy of the committee report, copies of speeches I have made in explanation of the measure, and a copy of this letter. With these facts having been brought clearly to the attention of the Georgia State Senate permit me now through you to assure its members in behalf of thousands of farm families in our great State that we will gratefully appreciate their cooperation in behalf of this direly needed legislation. Cordially yours, HuGH PETERSON. UNION CALENDAR NO. 524 75TH CONGRESS, 1sT SESSION HOUSE RESOLUTION NO. 6748 (Report No. 1433) IN THE HOUSE OF REPRESENTATIVES APRIL 28, 1937 MR. PETERSON of Georgia introduced the following bill; which was referred to the Committee on the Public Lands and ordered to be printed AUGUST 3, 1937 Committed to the Committee of the Whole House on the state of the Union and ordered to be printed A BILL To establish a national land policy, and to provide homesteads free of debt for actual farm families. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the purposes of this Act are to establish a national land policy based TuESDAY, DECEMBER 7, 1937. 265 upon inherent human rights, to provide for every family an opportunity to own a home and earn for itself the necessities of life, to encourage private initiative, to protect each citizen in the enjoyment of the fruits of his labor, and to more firmly secure to all people their natural right of pursuit of happiness in freedom and independence. Sec. 2. (a) The Secretary of the Interior (hereinafter referred to as the "Secretary"), through the General Land Office, is hereby authorized to purchase obligations secured by liens on farm lands, which were in effect on the date of the passage of this Act, and pay for the same a price not exceeding the normal value of such lands plus the useful value of the buildings and improvements thereon, and not exceeding in any event the amount of the indebtedness under the lien at the date of purchase. (b) Upon application of the mortgagor, the Secretary shall release the mortgagor frotp his liability under the obligation purchased by the Secretary, and cancel the balance of the indebtedness of the mortgagor thereunder, upon the conveyance by the mortgagor to the United States of the title to the lands securing such obligation. In case no such settlement of the obligation is made, nothing in this Act shall be construed to affect the rights and liabilities of either party under the terms of the obligation. Sec. 3. The Secretary of the Interior, through the General Land Office, is further authorized to purchase fee-simple title to farm lands held by a mortgagee or lienholder under a foreclosure concluded after January 1, 1920, and prior to the date of passage of this Act, paying for the same not exceeding the normal value of such lands plus the useful value of buildings and improvements thereon, and not exceeding in any event the amount of the indebtedness under the mortgage or other lien at the time of foreclosure. Sec. 4. All lands acquired by the United States under this Act shall become a part of the public domain. The Secretary shall thereupon classify all public lands according to their adaptability for farming purposes, and lands found suitable for 266 JouRNAL oF THE SENATE, farming shall hereafter be disposed of only in accordance with the provisions of this Act. Lands classified as not suited for farming shall be withheld for disposition under any laws otherwise applicable to the public domain, but nothing herein shall affect or interfere with the national parks, national monuments, or other Government reservations or with the operation of the mineral land laws of the United States. Sec. 5. The Secretary is authorized and directed to divide all public lands classified as suitable for farm purposes into tracts, to be known as homesteads, of sui table size for the support of a family of average size under normal conditions, taking into consideration the fertility of the soil and general farm conditions and requirements in the section where said lands are located: Provided, That no such tract shall contain less than fifty acres nor more than one hundred and sixty acres. Sec. 6. Such tracts shall be available for entry under the applicable provisions of the homestead laws, subject, however, to the following terms and condition~: (a) No person shall be eligible except a citizen of the United States who is the head of a family. I (b) No person shall be eligible who is the owner of farm and. (c) No person shall be eligible who shall be shown by the records of the General Land Office to have been already granted a homestead, unless he shall prove to the satisfaction of the Secretary that such homestead grant has been relinquished in a legal manner and without fault or negligence on his part. (d) Preference shall be given to farm families in granting homesteads hereunder: Provided, That when application for entry is made by an applicant who is not the head of a farm family notice of such application shall be posted for at least ninety days at the usual place for posting legal notices in the county seat of the county where such tract is located, and should no qualified applicant who is the head of a farm family make application within this period to enter said tract the original applicant, if otherwise qualified, shall be entitled to entry. (e) P.1ortgagors living on encumbered lands at the time of TuESDAY, DECEMBER 7, 1937. 267 liquidation of indebtedness hereunder shall have a prior right to acquire homesteads within the bounds of such lands: Provided, That they make application within ninety days after classification for entry of such lands. (f) Homesteads shall be free, except that a nominal registration fee of not exceeding $10 may be charged. Sec. 7. Each grant of homestead hereunder shall contain specific stipulations prohibiting sale or encumbrance or in any manner making such homestead subject to any debt, and any exercise of or attempt to exercise any such power is hereby declared to be void and of no legal effect. Homesteads may be exchanged under regulations promulgated by the Secretary. Sec. 8. The laws, including those relating to taxation, of the State or political subdivision in which any lands coming into the possession of the United States under the terms of this :\ct are situated shall be applicable to any homestead granted hereunder in the same manner and to the same extent as to other privately owned lands. Sec. 9. There is hereby authorized to be appropriated from time to time such sums as may be necessary to carry out the provisions and intent of this Act: Provided, That for the first three fiscal years the appropriation shall not exceed $100,000,000 annually nor $500,000,000 annually thereafter. CONGRESSIONAL RECORD SEVENTY-FIFTH CONGRESS, FIRST SESSION A ~ATIONAL LAND POLICY INCLUDING FREE FARM H0MESTEADS HOUSE RESOLUTIO~ NO. 6748 "This legislation is not the work of college professors or economic theorists." "I wrote this measure myself." 268 JouRNAL OF THE SENATE, "There are those who, in dealing with this problem, advocate the impractical and fantastic theories of socialism and communism, which lure us away from the true pathway of human freedom and only lead us deeper into the wilderness of despair." "I propose that we return to sound American doctrines." "Free farm homesteads constitute a cornerstone of our free government." "Each of the Thirteen Original Colonies was settled by families whose farm lands were given to them free of debt." "Every State of the Union was settled by families whose farm lands were given to them free of debt." "There is nothing new in this proposal." "It is the simple application of pure Jeffersonian democracy to a vital public problem which threatens the life of the Nation." "This program which I am advocating is right. It is just. It is the American way. And it is in harmony with the eternal laws of Nature and the divine laws of God." SPEECH IN THE HousE OF REPRESENTATIVES AND RADIO ADDRESS OF HON. HUGH PETERSON OF GEORGIA May 3 and 12, 1937 May 3,1937 TUESDAY, DECEMBER 7, 1937. 269 MR. PETERSON of Georgia. Mr. Speaker, I ask unammous consent to revise and extend my remarks. I also desire not to be interrupted until I have completed my remarks, at which time I will be glad to yield for any questions. On May 31, 1935, I introduced in this House a measure, House Resolution No. 8286, known as a bill to provide homesteads free of debt for actual farm families. This measure was referred to the Committee on the Public Lands, and was, by the committee, referred to a subcommittee of which I was chairman. The subcommittee report was presented on May 19, 1936. Included in this report is an analysis of the Nation's farm problem and a detailed explanation of the measure, and the results which it proposes to accomplish. Copies of this document are now available. The Public Lands Committee never made a report to this body on the bill. In fact, no committee of either branch of Congress during my service here has reported any measure designed to permanently reestablish the farm families of this Nation on an independent and self-supporting basis. After years of emergency legislation we are still without a definite national land policy. Legislation has been enacted to permanently reestablish commercial and industrial enterprises and place on a selfsustaining basis those engaged in all lines of endeavor except agriculture. We find that agriculture is still supported and sustained by a temporary system of subsidies and doles that is proving costly to the Nation and unsatisfactory in its operation. The time is now ripe for us to provide permanent remedies so that temporary and artificial measures may be laid aside. A NATIONAL LAND POLICY PROPOSED Since the report of our subcommittee last year I have continued to study this problem, and I presented to this House 270 JouRNAL OF THE SENATE, last 'Nednesday a measure similar to the one sponsored by me during the last Congress. This bill, House Resolution No. 6748, is now before the Public Lands Committee of the House. I do not claim that the provisions of this measure are perfect. It does, however, propose for our Nation a sound national land policy. It provides a method by which the American farmer may be lifted out of his present hopeless economic plight to a position of stability and normal prosperity. It offers a starting point from which we may begin, without bankrupting the country, to unravel from the fettered body of our great civilization the cord of deceptive economic practices which has been gradually and securely binding the American people in economic slavery-defeating the laws of nature, usurping human rights, and destroying human liberty. FREE LAND OF NEW WORLD PROVIDED HAVEN OF SAFETY FOR OPPRESSED HUMANITY Our system of government is based on the proposition that human beings are created by a divine Power and are endowed by that Power with the divine rights to live on earth in political equality, and to enjoy the opportunity of economic independence. Previous to 1492 the human race for a thousand years had suffered the tortuous penalties of political and economic slavery. With the discovery of the New World an avenue of escape was afforded. The wilderness of the Americas was the ci tv of refuge offering safety to humanity from the oppression~ of European tyrants. It provided free homes for free people. And in these free homes the individual humans were offered an opportunity to expand their lives in harmony with the laws of nature and of God. Free land for free humans broke the economic and political irons of the Dark Ages and brought to humanity freedom and libertY. Out of this environment grew the greatest civilization yet known to man. TuESDAY, DECEMBER 7, 1937. 271 WITH Sl.:PPLY OF FREE LAND NOW EXHAUSTED OUR FREE INSTITUTIONS FACE DESTRUCTION Now, however, there is no more free land for free labor. For the first time in 400 years we are again confronted by the tyranny of land monopoly. Even now 3,000,000 farm families are settling down to a social state of serfdom heretofore foreign to our great country. Two million more farm families, with their homes heavily mortgaged, struggle on under the burden of debt, hoping that a kind Providence will save them from a like fate. Less than 2,000,000 farm families of the ~ation's once proud group of independent home-owning farmers remain, and their ranks are thinning every year. The independent, self-supporting home owner is rapidly vanishing. It is a duty of this Government to halt this dangerous and destructive tendency, and to preserve for our people their independence and their free institutions. Agriculture is the foundation of our economi~ structure. The life of our :Nation is dependent upon the soil. Unless the disease which has brought agriculture down prostrate, "sick unto death," is cured, all other remedies applied in other fields will prove futile. Before there can be a permanent recovery from our economic crisis the farmers of this Nation must be restored to a healthv condition of normal prosperity. (Applause.) . The American people must recognize that the industrial forces of the Nation cannot continue to grow and expand at the expense of agriculture. All groups must move along on an equal plane in a condition of normal prosperity if we would see our institutions grow stronger and our people maintain their freedom. Our free institutions are of necessity built around free homes occupied by free citizens. 272 JouRNAL OF THE SENATE, This Nation should have a definite land policy which incorporates sound agrarian laws that guarantee free farm homesteads for those who till the soil. It should have a land policy around which the Nation's commercial and industrial activities can readily center themselves. THE PROVISIONS OF THE PROPOSAL This measure which I am sponsoring proposes such a policy. It provides that the Government, through the General Land Office, liquidate farm-mortgage debts, remove from private entry submarginal lands (restoring them to the public domain), and provide farm homes free of debt for deserving farm families. The bill is short and its provisions are simple and easily understood. The General Land Office is authorized to purchase liens on mortgaged farms that are operated by the owner. The farm operator may be relieved of the debt of conveying his land title to the General Land Office. The General Land Office is then required to classify this land and place that portion of it which is found not suitable for farm purposes in the public domain, withdrawing it from further cultivation. The remainder is then divided into homestead tracts and made subject to entry under the homestead laws of the Nation. The farmer who relinquished his title to this land has the prior right under this measure to make applicd an Act to amend that THURSDAY, DECEMBER 9, 1937. 317 certain Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes. By Mr. Smith of Henry- House Bill No. 175. A bill to be entitled an Act to amend an Act of 1931, amending the charter of the City of McDonough, in the County of Henry, and for other purposes. By Mr. Smith of Henry- House Bill No. 176. A bill to be entitled an Act to amend an Act of 1885, and Acts amendatory thereof, amending the charter of the Town of McDonough, in the County of Henry, and for other purposes. By Mr. Holt of Appling- House Bill No. 178. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, and for other purpost>s. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Moye of the 11th District- Senate Bill No. 48. A bill to amend the charter of the City of Shellman, and for other purposes. . Referred to Committee on Municipal Government. By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 49. A bill to change the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission, and for other purposes. Referred to Committee on Penitentiary. 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 have had 318 JouRNAL OF THE SENATE, under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 75. Do pass. House Bill No. 140. Do pass. House Bill No. 69. Do pass. Senate Bill No. 46. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 118. Do pass, as amended. Respectfully submitted, JAcKsoN, Chairman. Senator Harrell of the 12th District, Acting Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 49. Do not pass. House Bill No. 50. Do not pass. Respectfully submitted, HARRELL, Acting Chairman. THURSDAY, DECEMBER 9, 1937. 319 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 169. Do pass. House Bill No. 90. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 38. Do pass. Respectfully submitted, HARDMAN, Chairman. Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted. the following report: Mr. President: Your Committee on Pensions have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 39. Do pass. Respectfully submitted, KIMBROUGH, Chairman. 320 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 have had under con- sideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 127. Do pass. Respectfully submitted, ALLEN, 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 have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 97. Do pass. House Bill No. 137. Do pass. House Bill No. 168. Do pass. Senate Bill No. 40. Do pass. Senate Bill No. 41. Do pass. 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 have had under considera- tion the following bill of the Senate and have instructed me, as THURSDAY, DECEMBER 9, 1937. 321 Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 42. Do pass. Respectfully submitted, HARRISON, Chairman. Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under considera- tion the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 26. Do not pass. Senate Bill No. 30. Do not pass. Respectfully submitted, SHEDD, 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 have had under consideration the following resolution of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Resolution No. 20. Do pass. Respectfully submitted, PHILLIPS, 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 have had under 322 JouRNAL OF THE SENATE, consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 45. Do pass. Respectfully submitted, LINDSAY, Chairman. Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 33. Do not pass. Respectfully submitted, ENNIS, Chairman. We, the undersigned members of the Committee on Finance file this our minority report on Senate Bill No. 33, excepting to the report of the majority of the members of said committee and recommend that Senate Bill No. 33 do pass. Senators Hardman of the 33rd District, Flynt of the 26th District, Robinson of the 13th District, Chason of the 8th District, McKenzie of the 48th District, Sammon of the 51st District, Sikes of the 49th District, Shedd of the 3rd District, Burgin of the 24th District, and Millican of the 52nd District. THURSDAY, DECEMBER 9, 1937. 323 The following bills of the Senate, favorably reported by the committees, were read the second time; By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District- Senate Bill No. 38. A bill to amend an Act approved March 29, known as the "Unemployment Compensation Law," and for other purposes. By Senator Williams of the 5th District- Senate Bill No. 39. A bill authorizing certain counties to create and establish a retirement fund for teachers and employees of county and city school systems, and for other purposes. By Senator Millican of the 52nd District- Senate -Bill No. 40. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes. By Senator Millican of the 52nd District- Senate Bill No. 41. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes. By Sen'ator Pruett of the 32nd District- Senate Bill No. 42. A bill to amend an Act known as the "Public Assistance to Aged Act" by striking therefrom Section 15 providing for recovery from the estate of any recipient of old age assistance, and for other purposes. By Senator Patten of the 6th District- Senate Bill No. 45. A bill to confer upon the Superior Courts of the State power to modify or annul final judgments for permanent alimony, and for other purposes. By Senator Shedd of the 3rd District- Senate Bill No. 46. A bill to amend the Act creating the City Court of Jesup, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time; 324 JouRNAL oF THE SENATE, By Mr. DeFoor of Mcintosh- House Bill No. 69. A bill to abolish the City Court of Darien, and for other purposes. By Mr. Hamby of Rabun- House Bill No. 75. A bill to create Rabun County City Court; to define its jurisdiction; and for other purposes. By Mr. Dean of Rockdale- House Bill No. 90. A bill to amend an Act providing for the Board of County Commissioners of Rockdale County, and for other purposes. By Mr. Williams of Jones- House Bill No. 97. A bill to amend the charter of the Town of Gray, and for other purposes. By Mr. Morris of Douglas- House Bill No. 118. A bill to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes. By Mr. Martin of Jeff Davis- House Bill No. 127. A bill amending the Act creating a new county out of portions of Appling and Coffee Counties so as to change the time for holding Superior Court in Jeff Davis, and for other purposes. By Mr. Holt of Appling- House Bill No. 137. A bill to amend the charter of the City of Baxley, so as to authorize the Mayor and Councilmen to adopt zoning regulations, and for other purposes. By Messrs. Morgan, Groover, and Ware of Troup- House Bill No. 168. A bill amending the Act relative to the establishment of the City Court of LaGrange, and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 140. A bill extending the office of the Judge of the City Court of Lexington, and for other purposes. THURSDAY, DECEMBER 9, 1937. 325 By Mr. Campbell of Newton- House Bill No. 169. A bill raising the salary of the Treasurer of Newton County to $800.00 a year, and for other purposes. The following local uncontested bills of the Senate and House were read the third time and put upon their passage: By Senators Forrester of the 44th District and Johnson of the 42nd District- Senate Bill No. 20. A bill to amend an Act by adding additional mileage in Dade County to the Highway Mileage Act, and for other purposes. The Committee on Highways and Public Roads offered the following amendment to Senate Bill No. 20: By adding at the end of Section 1 of the original bill the followmg: "That certain road in Emanuel County, Georgia, beginning at a point on Federal Route No. 80 at or near where the western boundary of the city limits of the City of Swainsboro crosses said Federal Route No. 80 and running in a general southeasterly direction until same intersects with what is known as Moring Street in the City of Swainsboro, Georgia, and thence along said Moring Street in an easterly direction until same intersects with said Federal Route No. 80 at or near a point where said road crosses the eastern city limits of said City of Swainsboro. "That certain road in Emanuel County, Georgia, beginning at the intersection of Broad Street with State Route No. 23 in the Town of Garfield and running in a general easterly direction in a distance of about seven-eighths of a mile to the eastern property line of the house and lot owned and occupied by Mrs. J. C. Brown in said Town of Garfield." Also to amend the caption by striking from the last line thereof the words "for other purposes," and adding the following: "Beginning at a point on Federal Route No. 80 at or near where the western boundary of the City of Swainsboro crosses Federal Route No. 80 and running southeasterly to an inter- 326 JouRNAL OF THE SENATE, section with Moring Street, thence along Moring Street to an intersection with Federal Route No. 80, and Beginning at the intersection of Broad Street and State Route No. 23 in the Town of Garfield, thence running easterly a distance of about seven-eighths of a mile, and for other purposes." 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 35, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. By Senators Fowler of the 39th District and Hampton of the 41st District- Senate Bill No. 25. A bill to amend the Highway Mileage Act so as to add additional mileage in Cobb and Cherokee 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Horne of the lOth District- Senate Bill No. 32. A bill to amend the Traylor-Neill Act by adding additional mileage thereto and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, the nays 0. The bill having received the requisite constitutional majority was passed. THURSDAY, DECE)VIBER 9, 1937. 327 By Senators Kimbrough of the 25th District and Neely of the 36th District- Senate Bill No. 34. A bill to amend the Highway Mileage Act by adding additional mileage thereto, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, 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.4. A bill to amend the State Highway Mileage Act by adding certain roads 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Zellner of Monroe- House Bill No. 7. A bill to consolidate and codify the various Acts incorporating the City of Forsyth, 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. Zellner of MonroeHouse Bill No.8. A bill to amend an Act approved December 18, 1902, entitled" An Act to consolidate and codify the various acts incorporating the City of Forsyth, in the County of Monroe," and for other purposes. 328 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Sapp of CoffeeHouse Bill No. 10. 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 report 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. Etheridge of HoustonHouse Bill No. 18. A bill to amend tl}e State 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 40, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Mavity of WalkerHouse Bill No. 19. A bill to amend the State 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 27, the nays 0. The bill having received the requisite constitutional majority was passed. THURSDAY, DECEMBER 9, 1937. 329 By Messrs. Harrell and Blease of Brooks- House Bill No. 21. A bill to authorize the Board of Citv Commissioners of Quitman, Georgia, to provide an ad valore~ tax on all real and personal property within the corporate 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 29. A bill to amend Section 92-4001 of the 1933 Code of Georgia authorizing towns and cities in addition to the powers conferred by the provisions of said code section; to create boards of tax appeals; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Cogdell of Glynn- House Bill No. 36. A bill to amend the State 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 27, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Gross of Stephens- House Bill No. 62. A bill to amend an Act to create and 330 JouRNAL oF THE SENATE, establish 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 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Houston and Perry of Worth- House Bill No. 64. A bill to amend an Act to create a new charter for the City of Sylvester, and for other purposes. The Committee on Municipal Government offered the following amendment to House Bill No. 64: To amend the bill and the caption thereof as follows: By striking from the caption of said bill the words "To provide for the salaries of Mayor and members of Council of said City." By striking from the bill itself all of Section Three (3) and all of Section Four (4) and renumbering the sections following thereafter so that Section Five (5) and Six (6) will be numbered Sections Three (3) and Four (4) respectively. 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 34, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Hamby of Rabun- House Bill No. 76. A bill to grant permission for the City of Clayton to increase its bonded indebtedness from seven to ten 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 30, the nays 0. THURSDAY, DECEMBER 9, 1937. 331 The bill having received the requisite constitutional majority was passed. Senator Sikes of the 49th District was granted a leave of absence until Monday, December 13, 1937. By unanimous consent Senator Sikes of the 49th District was granted permission to cast his vote as aye upon Senate Bill No. 31 and House Bill No. 82. The following bills of the House were read the first time and referred to the committees: By Mr. Parker of Colquitt- House Bill No. 25. A bill to define a building and loan association and to fix the privileges, and for other purposes. Referred to Committee on Banks and Banking. By Mr. Hampton of Fannin- House Bill No. 32. A bill to amend the Constitution authoriZing Fannin County to make temporary loans, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. Hampton of Fannin- House Bill No. 33. A bill to amend the Constitution so as to authorize the City of Blue Ridge to create a bonded indebtedness for certain purposes, and for other purposes. Referred to Committee on Amendments to the Constitution. By Messrs. Candler, Sams, and Turner of DeKalbHouse Bill No. 128. A bill amending the Act creating a new charter for the City of Decatur, and for other purposes. Referred to Committee on Municipal Government. By Mr. Yeomans of WayneHouse Bill No. 159. A bill to repeal the Act creating the charter for the City of Jesup, and for other purposes. Referred to Committee on Municipal Government. 332 JouRNAL oF THE SENATE, By Messrs. Sams, Candler, and Turner of DeKalb- House Bill No. 167. A bill to establish the Citv of Pine Lake, and for other purposes. . Referred to Committee on Municipal Government. By Mr. Reid of Wilcox- House.Bill No. 173. A bill amending the Act creating the Boards of Commissioners of Roads and Revenues for the County of Wilcox, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Smith of Henry- House Bill No. 175. A bill to amend the Act of the charter of the City of McDonough with reference to the announcement and payment of entrance fees by candidates for office in said city, and for other purposes. Referred to Committee on Municipal Government. By Mr. Smith of Henry- House Bill No. 176. A bill amending the Act extending the corporate limits of the Town of McDonough, and for other purposes. Referred to Committee on Municipal Government. By Mr. Holt of Appling- House Bill No. 178. A bill amending the Act creating the Board of Commissioners of Roads and Revenues for the Countv of Appling, and for other purposes. Referred to Committee on Counties and County Matters. The following bill of the Senate, having been read the third time on yesterday and set as a special order of business for today, was taken up for consideration: By Senators Purdom of the 46th District and Jackson of the 14th District- Senate Bill No. 31. A bill to amend Section 92-5301 of the THURSDAY, DECEMBER 9, 1937. 333 Code of 1933 with reference to fees and commissions of tax receivers and tax collectors, and for other purposes. Senator Aultman of the 23rd District offered an amendment to Senate Bill No. 31 which 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 21, the nays 19. The bill having failed to receive the requisite constitutional majority was lost. Senator Purdom of the 46th District gave notice that at the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 31. The following bill of the House was read the third time and put upon its passage: By Messrs. Gammage of Terrell, Hodges of Liberty, McCracken of Jefferson, Rawlins .of Ben Hill, and Mrs. Coxon of Long- House Bill No. 82. A bill to create a State Stabilization Fund, and for other purposes. The Committee on State of Republic offered the following substitute for House Bill No. 82: A BILL To be entitled an Act to provide for the creation of a stabilization fund; to provide that ten per cent of all sums paid in the State Treasury under existing or future laws, commencing with funds paid beginning January 1, 1938, shall be placed in such stabilization fund; to provide that any excess of any allocated fund for any year over and above the approved budget requirements for said year for which such fund was allocated shall be paid into said stapilization fund; to provide that said stabilization fund shall be used by the Governor to pay any appropriation made by law where said stabilization fund may be needed for such purposes; to provide that nothing in this Act shall in any manner, change or effect the distribution of 334 JouRNAL oF THE SENATE, the one cent of the Motor Fuel Tax to the counties, nor the one cent Motor Fuel Tax to the school equalization fund, 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. There is hereby created in the Treasury of the State of Georgia a fund which shall be known as the "Stabilization Fund." The Treasurer of the State of Georgia shall set up in said Fund ten per cent (10%) of the collections from all sources whatsoever of any funds now or hereafter collected or received by the State of Georgia, or any agency thereof and paid into the State Treasury, commencing with ten per cent of all funds collected or received beginning January 1, 1938. The Treasurer shall also set up in said fund any excess of any allocated fund set aside to any department, board, bureau or agency of the State of Georgia, in any year over and above the approved budget requirements for which such fund was allocated for said year commencing with January 1, 1938. The amounts required by this Act to be so set up in the State Treasury shall constitute the Stabilization Fund, and shall be disposed of in accordance with this Act and not otherwise. Sec. 1-A. Provided, however, that nothing in this Act shall in any manner, change or effect the distribution of the .01 (one cent) of the Motor Fuel Tax to the counties, nor of the .01 (one cent) Motor Fuel Tax to the school equalization fund, nor shall these funds be tithed. It being the intention of this legislative body to especially exempt said funds and the distribution of said funds from the "Stabilization Fund." Sec. 2. The Governor of this State shall be authorized to use the said Stabilization Fund, or any part thereof, for the purpose of paying any appropriation or appropriations made by the General Assembly of Georgia where funds are not otherwise available to pay in full such appropriation or appropriations, whether such appropriation or appropriations are required by law to be paid from the State Treasury with allocated funds, or otherwise. In the use of the Stabilization Fund for the pur- THURSDAY, DECEMBER 9, 1937. 335 poses named in this Act, the Governor shall not be required to prorate the said fund among unpaid appropriations, but he shall be authorized to use the same for such unpaid appropriations as he may determine, provided that no part of such fund shall be used except to pay any unpaid appropriation made by law. Said Stabilization Fund derived from allocated funds in any year remaining after carrying out the purposes provided in this Act shall be returned to the allocated funds from which derived, and the return to such allocated funds which have contributed to create the Stabilization Fund herein named shall be in the proportion which said allocated funds have contributed to the creation of the Stabilization. Fund provided herein. Provided, that any part of said Stabilization Fund derived from sources other than allocated funds remaining on hand at the end of any year shall revert to the General Treasury. January 1st each year shall be considered the distribution date of said fund remaining on hand. Sec. 3. Be it further enacted that in the administration of this Act nothing shall be done which will imperil the receipt and use of Federal Highway Funds. Sec. 4. Be it further enacted that this Act shall become effective January 1, 1938. Sec. 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Sec. 6. If any provisions of this Act, or the application thereof to any funds of a State Agency, is held invalid, the remainder of the Act, and the application of each provision to funds of other State Agencies shall not be effected thereby. Senator Atkinson of the 1st District offered the following amendment to the committee substitute for House Bill No. 82: To amend by adding a new Section to be known as Section 7, as follows: Section 7. "This Act and all provisions hereof, and all rights gran ted hereunder shall expire on January 1st, 1940." 336 JouRNAL OF THE SENATE, The amendment by Senator Atkinson of the 1st District 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, the ayes were 31, the nays 3. The bill having received the requisite constitutional majority was passed, by substitute, as amended. The following bill and resolution of the Senate were read the third time and put upon their passage: By Senators Spivey of the 16th District, Pope of the 7th District, and Atkinson of the 1st District- Senate Bill No. 36. A bill to expedite the repair, improvement and construction of buildings, etc., of Eleemosynary Institutions by providing for debentures, etc., to be issued under direction of the Governor, and for other purposes. Senator Atkinson of the 1st District offered the following amendment to Senate Bill No. 36: To amend by adding a new Section to be known as Section 6, as follows: Section 6. "This Act and all provisions hereof, and all rights granted hereunder shall expire on January 1st, 1940." The amendment by Senator Atkinson of the 1st District 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 37, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. THURSDAY, DECEMBER 9, 1937. 337 By Senator Hampton of the 41st District- Senate Resolution No. 19. A resolution authorizing the Governor to contract with the Tennessee Copper Company with reference to the United States Supreme Court litigation, 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 34, the nays 2. The resolution having received the requisite constitutional majority was passed. . Senator Pruett of the 32nd District asked unanimous consent that Senate Resolution No. 19 be immediately transmitted to the House of Representatives and the consent was granted. Senator Neely of the 36th District asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on Highways and Public Roads, read a second time, and recommitted to the Committee on Highways and Public Roads: By Senator Neely of the 36th District- Senate Resolution No. 20. A resolution designating Highway No. 85 from Atlanta to Warm Springs, Georgia, the Clark Howell Memorial Highway, and for other purposes. The consent was granted, the resolution read a second time and recommitted. Upon Senate Bill No. 37 being reached on the calendar, Senator Harrison of the 17th District asked unanimous consent that further consideration of said bill be postponed until Friday, December lOth, 1937, and be made a special order of business for the day. The consent was granted. The following communication was read by the Secretary of the Senate: 338 JouRNAL oF THE SENATE, THE WHITE HOUSE WASHINGTON December 7, 1937. My dear Mr. Hammond: I have received with much satisfaction the copy of Senate Resolution No.9, adopted December 1, 1937 by the Georgia State Senate. I am grateful to you for advising me of this action and need hardly say that the assurance of confidence on the part of the Georgia Senate is most heartening and gives me new strength and new courage to work for the national welfare. Very sincerely yours, FRANKLIN D. RoosEVELT. Hon. John W. Hammond, Secretary, The State Senate, Atlanta, Georgia. The following privilege resolution was read and adopted: By Senators Forrester of the 44th District, Johnson of the 42nd District, and McCutchen of the 43rd District- A resolution extending the privileges of the floor to Hon. C. C. Pittman, Judge of the Superior Court of the Cherokee Judicial Circuit, and a prominent citizen of the State. Senator Allen of the 31st District moved that the Senate do now adjourn and the motion prevailed. Senator Terrell of the 19th District, presiding, announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. FRIDAY, DECEMBER 10, 1937. 339 SENATE CHAMBER, ATLANTA, GA., FRIDAY, DECEMBER 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 52nd 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, submitted the following written report which was read by the Secretary of the Senate: Mr. President: Your chairman of the Committee on Journals begs leave to report that he has perused the minutes minutely and finds same correct as far as they go. But it is the humble opinion of your chairman that the record of our proceedings is sadly lacking in one respect, and that is we cannot find where any senator is credited with making a speech like those we read daily delivered by our congressmen in the Congressional Record. The senator from the 50th, being a novice at this business of being a senator, is most anxious to receive the benefit of information and experience imparted, for instance, by the distinguished senator from the 34th. We think that the senator from the 34th, being wise in the ways of legislating and superbly gifted with the art of political oratory, should have his speeches incorporated into our Journal and his remarks extended if necessary, to help guide we amateur senators along the right path of political expediency. I therefore suggest, Mr. President, or will make the motion if the rules require it, that beginning today we have a court stenographer on duty daily to make a verbatim. transcription of all 340 JouRNAL oF THE SENATE, speeches delivered in the Senate, whether of a statesmanlike nature or mere political palaver for home consumption. Respectfully submitted, PRESTON ALMAND, senator from the clas- sic City of Athens, Ga., Chairman. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Gross of Stephens- House Bill No. 3. A bill to be entitled an Act to amend Section 68-211 of the Code of 1933, providing for annual fees on motor vehicles, and for other purposes. By Messrs. Carmichael and Welsch of Cobb- House Bill No. 187. A bill to be entitled an Act which creates the office of Roads and Revenues of Cobb County by granting to said commissioners the power to pass zoning ordinances, and for other purposes. By Messrs. Larsen and Dampier of Laurens- House Bill No. 201. A bill to be entitled an Act amending the Act creating a new charter for the City of Dublin, reincorporating said city, in the County of Laurens, and for other purposes. Senator Purdom of the 46th District gave notice of a motion to reconsider the action of the Senate in defeating Senate Bill No. 31 on yesterday. Senator McKenzie of the 48th District asked unanimous consent that the reading of the-Journal be dispensed with and the consent was granted. Senator Purdom of the 46th District moved that the Senate reconsider its action in defeating Senate Bill No. 31 on yesterday. FRIDAY, DEcEMBER 10, 1937. 341 On the motion by Senator Purdom of the 46th District, the ayes were 22, the nays 10 and the motion prevailed and Senate Bill No. 31 was placed at the foot of the calendar. The Journal was confirmed. Senator Pope of the 7th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills. ;J. First reading and reference of House bills and resolutions. 6. Putting on passage Senate and House bills and resolutions ready for third reading. The consent was gran ted. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senators Burgin of the 24th District, Neely of the 36th Dis- trict, and Whitehead of the 30th DistrictSenate Bill No. 50. A bill increasing the members of the Milk Control Board to seven, and for other purposes. Referred to Committee on Agriculture. By Senator Pope of the 7th DistrictSenate Bill No. 51. A bill to amend the Act creating the Board of Photographic Examiners, and for other purposes. Referred to Committee on General Judiciary No. 1. By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 52. A bill creating a State Board of Penal Administration, and for other purposes. Referred to Committee on Penitentiary. 342 JouRNAL OF THE SENATE, By Senator Millican of the 52nd District- Senate Bill No. 53. A bill amending Code Sections 92-4909 and 92-4910 with reference to weekly settlements of tax collectors in certain counties, and for other purposes. Referred to Committee on General Judiciary No.2. By Senators Purdom of the 46th District, Phillips of the 29th District, Robinson of the 13th District, Pruett of the 32nd District, Whitehead of the 30th District, Shannon of the 21st District, Griner of the 45th District, McKenzie of the 48th District, and Forrester of the 44th District- Senate Bill No. 54. A bill prohibiting the sale and assignment of salaries, and for other purposes. Referred to Committee on Special Judiciary. By Senators Purdom of the 46th District, Phillips of the 29th District, Robinson of the 13th District, Pruett of the 32nd District, Whitehead of the 30th District, Shannon of the 21st District, Griner of the 45th District, McKenzie of the 48th District, and Forrester of the 44th District- Senate Bill No. 55. A bill amending Code Section 25-3113 prescribing the rate of interest on small loans, and for other purposes. Referred to Committee on Special Judiciary. By Senator Peebles of the 18th District- Senate Bill No. 56. A bill to amend the Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Peebles of the 18th District- Senate Bill No. 57. A bill to amend the Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Hardman of the 33rd DistrictSenate Bill No. 58. A bill authorizing the State Purchasing FRIDAY, DECEMBER 10, 1937. 343 Department to purchase all cigarette tax stamps, fertilizer tax tags and all other stamps of a tax nature, and for other purposes. Referred to Committee on Finance. By Senator Atkinson of the 1st District- Senate Bill No. 59. A bill to amend the penal laws with reference to illegal practices in elections, and for other purposes. Referred to Committee on Privileges and Elections. The following resolutions of the Senate were introduced, read the first time, and referred to the committees: By Senator Pruett of the 32nd District- Senate Resolution No. 22. A resolution amending the Constitution limiting the county levy to ten mills except for the purpose of liquidating present outstanding indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Hardman of the 33rd DistrictSenate Resolution No. 23. A resolution amending the Consti- tution by changing the term of office of the Governor and other constitutional state officers, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Robinson of the 13th District- Senate Resolution No. 24. A resolution defining those who are entitled to old age assistance and limiting the amount thereof, and for other purposes. Referred to Committee on Amendments to the Constitution. Senator Millican of the 52nd District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Banks and Banking, read a second time, and recommitted to the Committee on Banks and Banking: 344 JouRNAL OF THE SENATE, By Mr. Parker of Colquitt- House Bill No. 25. A bill to define a building and loan association and to fix the privileges, and for other purposes. The consent was granted, the bill read a second time, andrecommitted. Senator Almand of the 50th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on General Judiciary No.2, read a second time, andrecommitted to the Committee on General Judiciary No.2: By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District- Senate Bill No. 28. A bill to perfect the present corporation laws of Georgia, and for other purposes. The consent was granted, the bill read a second time and recommitted. Senator Millican of the 52nd District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Municipal Government, read a second time, and recommitted to the Committee on Municipal Government: By Senator Millican of the 52nd District- Senate Bill No. 29. A bill to provide for the use of voting machines at all elections in cities having a population of 200,000 or more in the State of Georgia, and for other purposes. The consent was gran ted, the bill read a second time and recommitted. Senator Purdom of the 46th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Penitentiary, read a second time, and recommitted to the Committee on Penitentiary: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 49. A bill to change the name of the Prison FRIDAY, DECEMBER 10, 1937. 345 Commission of the State of Georgia to the State Prison and Parole Commission, 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 Senate Bill No. 33, which was adversely reported by the committee, be placed on the calendar for the purpose of disagreeing to the report of the committee. The consent was granted. Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 48. Do pass. House Bill No. 74. Do pass. House Bill No. 28. Do pass. Respectfully submitted, PEEBLES, 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 have had under consideration the following bill and resolution of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 12. Do pass. Senate Bill No. 47. Do pass. Respectfully submitted, PoPE, Chairman. 346 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 173. Do pass. Respectfully submitted, JAcKsoN, Chairman. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Patten of the 6th District- Senate Bill No. 47. A bill amending the Constitution of the State with reference to the retirement of school teachers, and for other purposes. By Senator Moye of the 11th District- Senate Bill No. 48. A bill to amend the charter of the City of Shellman, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Sapp of Coffee- House Bill No. 28. A bill to amend the charter of the City of Douglas, and for other purposes. By Mr. McGehee of Dawson- House Bill No. 74. A bill to amend the charter of the Town of Dawsonville, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 173. A bill amending the Act creating the FRIDAY, DECEMBER 10, 1937. 347 Boards of Commissioners of Roads and Revenues for the County of Wilcox, and for other purposes. The following resolution of the Senate, favorably reported by the committee, was read the second time: By Senators Shedd and Knabb of the 4th District- Senate Resolution No. 12. A resolution to amend the Constitution by giving the right to counties to levy taxes for forest fire protection, and for other purposes. The following bills of the Senate were read the third time and put upon their passage: By Senator Williams of the 5th District- Senate Bill No. 39. A bill autho;izing certain counties to create and establish a retirement fund for teachers and employees of county and city school systems, and for other purposes. The report 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 Millican of the 52nd District- Senate Bill No. 40. 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Millican of the 52nd District- Senate Bill No. 41. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes. 348 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 Senator Shedd of the 3rd DistrictSenate Bill No. 46. A bill to amend the Act creating the City Court of Jesup, and for other purposes. The report 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 receiv.ed the requisite constitutional majority was passed. The following resolution of the Senate was read the third time and adopted: By Senator Neely of the 36th DistrictSenate Resolution No. 20. A resolution designating High- way No. 85 from Atlanta to Warm Springs, Georgia, the Clark Howell Memorial Highway, and for other purposes. The report of the committee, which was favorable to the adoption 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 House were read the third time and put upon their passage: By Mr. DeFoor of McintoshHouse Bill No. 69. A bill to abolish the City Court of Darien, and for other purposes. The report of the committee, which was favorable to the pas- sage of the bill, was agreed to. On the passage of the bill, the ayes were 35, the nays 0. FRIDAY, DECEMBER 10, 1937. 349 The bill having received the requisite constitutional majority was passed. By Mr. Hamby of Rabun- House Bill No. 75. A hill to create Rabun County City Court; to define its jurisdiction; and for other purposes. The report 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. Dean of Rockdale- House Bill No. 90. A bill to amend an Act providing for the Board of County Commissioners of Rockdale 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. Williams of Jones- House Bill No. 97. A bill to amend the charter of the Town of Gray, and for other purposes. The report 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. Martin of Jeff Davis- House Bill No. 127. A bill amending the Act laying off a new county of portions of Appling and Coffee Counties, so as to 350 JouRNAL OF THE SENATE, change the time of holding Superior Court in Jeff Davis 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 28, the nays 0. The hill having received the requisite constitutional majority was passed. By Mr. Holt of Appling- House Bill No. 137. A hill authorizing the City of Baxley to adopt zoning regulations, 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. Brooks of Oglethorpe- House Bill No. 140. A hill to amend an Act establishing the City Court of Lexington by extending the office of the Judge of the City Court, 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. The hill having received the requisite constitutional majority was passed. By Messrs. Morgan, Groover, and Ware of Troup- House Bill No. 168. A hill amending the Act relating to the establishment of the City Court of LaGrange, and for 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. FRIDAY, DECEMBER 10, 1937. 351 The bill having received the requisite constitutional majority was passed. By Mr. Morris of Douglas- House Bill No. 118. A bill to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes. The committee offered the following amendment to House Bill No. 118: By striking the last two lines of the second paragraph of the body of the bill, beginning with the words "expenses of the office" and ending with the words "and printing" and substituting therefor the following: "expenses of the office, except office equipment, stationery and printing; provided that all fees collected by the said Tax Commissioner shall be paid into the general treasury of the county." The committee moves to further amend House Bill No. 118 as follows: By adding a new section, to be numbered Section 2, to read as follows: "Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed." 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. The following bills of the House were read the first time and referred to the committees: By Mr. Gross of Stephens- House Bill No. 3. A bill to amend Section 68-211 of the 1933 Code providing for annual fees on motor vehicles, etc., and for other purposes. Referred to Committee on Motor Vehicles. 352 JouRNAL OF THE SENATE, By Messrs. Carmichael and Welsch of Cobb- House Bill No. 187. A bill to amend the Act which creates the office of Roads and Revenues of Cobb County by granting said commissioners power to pass zoning ordinances, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Larsen and Dampier of Laurens- House Bill No. 201. A bill amending the Act creating a new charter for the City of Dublin, and for other purposes. Referred to Committee on Municipal Government. The following bill of the Senate, having been set as a special order of business for the day, was read the third time: By Senators Whitehead of the 30th District and Williams of the 5th District- Senate Bill No. 37. A bill to amend Title 86 ("Public Defense") of the 1933 Code and all laws pertaining thereto, and for other purposes. The Committee on Military Affairs offered the following amendment to Senate Bill No. 37: To amend by striking the figures "$5,000.00" in line 1 of paragraph 2 of Section 3 of said bill and inserting in lieu thereof the figures "$4,620.00." The committee amendment was adopted. Senator Ennis of the 20th District offered the following amendments to Senate Bill No. 37: To amend Section 3, page 4, by inserting in line 42 of Section 3 the words "or has held" immediately following the word "holds." Also by striking the words in lines 44 and 45 of Section 3 as follows: "immediately preceding said election." The amendments by Senator Ennis of the 20th District were adopted. FRIDAY, DECEMBER 10, 1937. :353 Senator Terrell of the 19th District asked unanimous consent that further consideration of Senate Bill No. 37 be postponed and that same be made a special order of business for Monday, December 13, 1937. The consent was granted. The following privilege resolutions were read and adopted: By Senator Turner of the 35th District- A resolution extending the privileges of the floor to Mrs. Christine P. Hankinson of McDonough, Georgia, past President of P.-T. A. of Georgia. By Senator Phillips of the 29th District- A resolution extending the privileges of the floor to Hon. Hershal Lovett of Dublin, Georgia, and a former member of this body. Senator Purdom of the 46th District moved that the Senate do now adjourn until Monday, December 13, 1937, at 10 o'clock A.M. The motion prevailed. President Pro Tern. Terrell of the 19th District, presiding, announced that the Senate stood adjourned until Monday morning, December 13, 1937, at 10:00 o'clock. 354 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., MoNDAY, DEcEMBER 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 was offered by the Chaplain. Senator Lindsav of the 34th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Jones of the 38th District, Vice-Chairman of the Committee on Journals, reported that the Journal of Friday'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. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for the day: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested bills and resolutions. 5. Special orders. 6. First reading and reference of House bills. 7. Putting on passage 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: MoNDAY, DEcEMBER 13, 1937. 355 By Senator Atkinson of the 1st District- Senate Bill No. 60. A bill granting to the United States certain ungranted and reverted lands in the County of Chatham, and for other purposes. Referred to Committee on Conservation. By Senator Brock of the 37th District- Senate Bill No. 61. A bill creating a water and light commission for the City of Carrollton, and for other purposes. Referred to Committee on Municipal Government. By Senator Brock of the 37th District- Senate Bill No. 62. A bill to amend the charter of the Cit, of Carrollton, and for other purposes. . Referred to Committee on Municipal Government. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 63. A bill to provide that in all criminal sentences and records the words" public work camp" shall be used in lieu of the words" chain gang," and for other purposes. Referred to Committee on Penitentiary. Bv Senators Purdom of the 46th District, Atkinson of the 1st . District, and Lindsay of the 34th District- Senate Bill No. 64. A bill to provide that in all cases in which a defendant is sentenced to electrocution the trial judge must direct that the sentence be executed by the state board of penal administration, and for other purposes. Referred to Committee on Penitentiary. Bv Senators Purdom of the 46th District, Atkinson of the 1st , District, and Lindsay of the 34th District- Senate Bill No. 65. A bill abolishing ex-officio members of the State Prison Commission, and for other purposes. Referred to Committee on Penitentiary. 356 JouRNAL OF THE SENATE, By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 66. A bill prohibiting the sale of intoxicating beverages or the operation of dancing halls within one mile of state penal institutions, and for other purposes. Referred to Committee on Penitentiary. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 67. A bill defining procedure in the trial of certain criminal cases, also authorizing the trial judge to suspend sent1 nee or probate the defendant, and for other purposes. Referred. to Committee on Penitentiary. By Senator Millican of the 52nd District- Senate Bill No. 68. A bill amending the Act providing a pension law in cities having a population of 150,000, and for other purposes. Referred to Committee on Municipal Government. By Senator McCutchen of the 43rd DistrictSenate Bill No. 69. A bill authorizing the State Librarian to furnish certain books to the University of Georgia School of Law; and for other purposes. Referred to Committee on Public Library. The following resolution of the Senate was introduced, read the first time, and referred to the committee: By Senator Peebles of the 18th DistrictSenate Resolution No. 25. A resolution amending Paragraph 1, Section 1, Article 7 of the Constitution, so as to authorize the General Assembly to exercise the power of taxation for the support of county government, and for other purposes. Referred to Committee on Amendments to the Constitution. Senator Peeples of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: MoNDAY) DECEMBER 13, 1937. 357 Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 29. Do pass, as amended. Respectfully submitted, PEEBLES, Chairman. Senator Jackson of the 14th District, Chairman of the Committee on Counties and County .Matters, submitted the following report: lvfr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 187. Do pass. House Bill No. 46. Do not pass. Respectfully submitted, JAcKsoN, Chairman. The following bill of the House, favorably reported by the committee, was read the second time: By Messrs. Carmichael and Welsch of Cobb- House Bill No. 187. A bill to amend the Act which creates the office of Roads and Revenues of Cobb County by granting said commissioners power to pass zoning ordinances. The following local uncontested bills of the Senate and House were read the third time and put upon their passage: By Senator Moye of the 11th District- Senate Bill No. 48. A bill to amend the charter of the City of Shellman, Randolph County, Georgia, and for other purposes. 358 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 Mr. Sapp of Coffee- House Bill No. 28. A bill to amend the charter of the Citv of Douglas, and for other purposes. . The report 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. McGehee of Dawson- House Bill No. 74. A bill to amend the charter of the town of Dawsonville, Georgia, so as to give the Mayor and Council of said town the right to borrow money for Municipal 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Herndon of Hart- House Bill No. 116. A bill to amend the Act incorporating the town of Hartwell and certain Acts amendatory thereof, and for other purposes. Senator Whitehead of the 30th District offered the following amendment to House Bill No. 116: To amend Section 2 by inserting between Section 10-f and Section 11, immediately following the words "Hart County" a new paragraph to be known as Section 10-g to read as follows: MoNDAY, DEcEMBER 13, 1937. 359 "Section 10-g. Be it further enacted that none of the provisions of this Act shall apply to property returned and assessed for taxation under the provisions of Sections 92-5902 and 92-6001 of the Code of Georgia of 1933." The amendment by Senator Whitehead of the 30th District 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 Mr. Reid of Wilcox- House Bill No. 173. A bill to amend that certain Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. The following bill of the Senate, which was under consideration on Friday, December lOth, same having been postponed and set as a special order of business for today, was taken up for further consideration: By Senator Whitehead of the 30th District- Senate Bill No. 37. A bill to amend Title 86 ("Public Defense") of the 1933 Code and all laws pertaining thereto, and for other purposes. Amendments by the Committee on Military Affairs and Senator Ennis of the 20th District were adopted on Friday, December 10, 1937. Senator Shannon of the 21st District offered the following amendment to Senate Bill No. 37: 360 JouRNAL OF THE SENATE, To amend Senate Bill No. 37, by striking that part of Section 3 of said bill which provides for the election of the Adjutant General of Georgia by the officers of the National Guard and providing for the manner of said election, and substituting in lieu of all language witli. reference to the election of the Adjutant General, the following: "The Adjutant General shall be chief of staff to the Governor in all military and naval affairs of the State and subordinate only to the Governor in matters pertaining to the Military Department and military and naval affairs of the State. The Adjutant General shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and who shall have the rank of a Brigadier General," so that said section, when amended, shall read as follows: Section 3. Be it further enacted. by the authority aforesaid, that Chapter 86-5, Section 8&-501, be, and the same is hereby amended by striking all of Section 86-501, and substituting in lieu thereof, to-wit: THE ADJUTANT GENERAL: How appointed, his duties, term of office, bond, compensation; THE ASSISTANT ADJUTANT GENERAL, commissioned help and assistants. The Adjutant General shall be chief of staff to the Governor in all military and naval affairs of the State and subordinate only to the Governor in matters pertaining to the Military Department and military and naval affairs of the State. The Adjutant General shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and who shall have the rank of a Brigadier General. No person shall be eligible to hold the office of Adjutant General, unless he holds or has held a rank of Captain or above in the National Guard of Georgia, and shall have served not less than five years in the National Guard of Georgia, and shall be not less than thirty-five nor more than fifty-five years of age at the time of the appointment. The salary of the Adjutant General shall be $4,620.00 per year and after his commission from the Governor, he shall reside in the City of Atlanta and be available at all hours for emergency duties. The salary as above set forth shall be in lieu of all rent and subsistence and auto allowances as have been heretofore provided in Section 86-501 of the Code of Georgia of 19:33, and shall be paid prorata each month, the said compensation not to _MONDAY, DECEMBER 13, 1937. 361 effect mileage as now allowed under existing laws with reference to the ownership of automobiles. He shall perform such duties pertaining to the office of Adjutant General as from time to time may be provided by the laws, rules and regulations for the Government for the United States Army and such as may be designated by the Governor. He shall have an Assistant Adjutant General, United States Property and Disbursing Officer, and such other commissioned assistants and employees as may be necessary, and they shall be selected and employed by the Adjutant General and perform such duties as may be required of them, and he shall fix their salaries. He shall be the custodian of all military records and shall keep them filed, index~d, and available for ready reference. He shall keep an itemized account of all monies received and disbursed from all sources and shall make an annual report to the Governor on the condition of the National Guard, with a roster of all commissioned officers, and such other matters relating to the National Guard as he shall deem expedient. The Governor shall require the Adjutant General to give bond 'to the State in the sum of $10,000.00 with good and sufficient securities, to be approved by the Governor faithfully to discharge the duties of his office. By unanimous consent the words "the City of Atlanta" as appear in the above amendment were substituted for the words "Fulton County." On the adoption of the amendment by Senator Shannon of the 21st District, the ayes were 25, the nays 15. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, 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 bill of the Senate was read the third time: By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District- 362 JouRNAL OF THE SENATE, Senate Bill No. 38. A bill to amend an Act approved March 29, known as the "Unemployment Compensation Law," and for other purposes. Senator Hardman of the 33rd District moved that Senate Bill No. 38 be postponed until Tuesday, December 14, 1937, and made a special order of business of the day. 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. 42. A bill to amend an Act known as the Public Assistance to Aged Act by striking therefrom Section 15 providing for recovery from the estate of any recipient of old age a.ssistance, and for other purposes. Senator Lindsay of the 34th District moved the previous question on Senate Bill No. 42, and the motion 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 34, the nays 0. The bill having received the requisite constitutional majority was passed. Senator Purdom of the 46th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Penitentiary, read a second time, and recommitted to the Committee on Penitentiary: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 52. A bill creating a State Board of Penal Administration, and for other purposes. The consent was granted, the bill read the second time and recommitted. MoNDAY, DEcEMBER 13, 1937. 363 Senator Hardman of the 33rd District asked unanimous consent that the following bill and resolution of the Senate be withdrawn from their committees and recommitted to their respective committees: By Senator Hardman of the 33rd District- Senate Bill No. 58. A bill authorizing the State Purchasing Department to purchase all cigarette tax stamps, fertilizer tax tags and all other stamps of a tax nature, and for other purposes. Referred to Committee on Finance. By Senator Hardman of the 33rd District- Senate Resolution No. 23.. A resolution amending the Constitution by changing the terms of office of the Governor and other constitutional State officers, and for other purposes. Referred to Committee on Amendments to the Constitution. The consent was granted, the bill and resolution given a second reading and recommitted to the respective committees. The following bill of the Senate was read the third time and put upon its passage: By Senator Patten of the 6th District- Senate Bill No. 45. A bill to confer upon the Superior Courts of the State power to modify or annul final judgments for permanent alimony, and for other purposes. The report 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. Upon Senate Bill No. 31 being reached upon the calendar, Senator Lindsay of the 34th District moved that further consideration of said bill be postponed until Thursday, December 16, 1937, and made a special order of business for the day, and the motion prevailed. 364 JouRNAL OF THE SENATE, Senator Hardman of the 33rd District moved that the report of the committee, which was unfavorable to the passage of Senate Bill No. 33, be disagreed to and the motion prevailed. The following resolution of the Senate was read the third time and put upon its passage: By Senators Shedd of the 3rd District and Knabb of the 4th District- Senate Resolution No. 12. A RESOLUTION Proposing to the qualified voters of the State of Georgia, for ratification or rejection an ame.ndment 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 providing forest fire protection and for the further conservation of natural resources, 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, as amended, by the General Assembly of 1937, and ratified by the people of Georgia on June 8, 1937, and after said amending clause, "and to pay county agricultural and home demonstration agents," the following words, "and to provide for fire protection of forest lands, and for the further conservation of natural resources," so that Article 7, Section 6, Paragraph 2, of the Constitution of Georgia 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, diseases, and health; to pay county agricultural MoNDAY, DEcEMBER 13, 1937. 365 and home demonstration agents; and to provide for fire protection of forest lands, and for the further conservation of natural resources. Sec. 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 provide for fire protection of forest lands, and for the further conservation of natural resources." 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. 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 Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Griner Hardman Harrison Holmes Horne Jackson Johnson Jones Kimbrough McCutchen McKenzie Millican Moye Neely Patten Peebles Peterson Pope Pruett Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams 366 JouRNAL OF THE SENATE, Verification of the roll call was dispensed with. The ayes were 42, the nays 0. The resolution having received the requisite two-thirds constitutional majority was adopted. Not voting were: Senators Atwood of the 2nd District, F arrester of the 44th District, Fowler of the 39th District, Hampton of the 41st District, Harrell of the 12th District, Knabb of the 4th District, Lindsay of the 34th District, Phillips of the 29th District, and Purdom of the 46th District. The following bill of the Senate was read the third time and put upon its passage: BY Senator Patten of the 6th District- Senate Bill No. 47. A bill to be entitled: :\n ~\ct to amend Section 1 of Article VIII of the Constitution of the State of Georgia by authorizing the General Assembly to enact laws creating a statewide retirement system and laws providing for the tenure of office for all school teachers and school employees of the State, and to enact laws authorizing any County Board of Education or the Board of Education of any indep~ndent or local school system to create such retiremen"t and tenure rules for teachers and employees of such system. 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, to-wit: By adding to Section 1 of Article VIII thereof a section to be known as Paragraph II as follows, to-wit: "The General Assemblv shall have authoritv to enact laws establishing a system of ;etirement pay for all school teachers and school employees and to enact laws to provide for the tenure of office of all school teachers and school employees of the State. The General Assemblv shall also have authoritv to enact laws authorizing any county board of education or any board of education of municipal or other independent or local school system in the State of Georgia to create a retirement MoNDAY, DEcEMBER 13, 1937. 367 fund and a system of retirement pay for the teachers and other employees of the school system under its control, and it shall also have authority to enactlaws authorizing any such board to establish rules of tenure of office for the teachers and employees of the school system under its control. Such legislation need not have uniform operation throughout the State." Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall heve 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. Sec. 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 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 Section I of Article VIII of the Constitution authorizing the Legislature to enact laws relating to retirement pay and tenure of office for school teachers and employees"; 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 Section 1 of Article VIII of the Constitution authorizing the Legislature to enact laws relating to retirement pay and tenure of office for school teachers and employees." 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 368 JouRNAL OF THE SENATE, 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. Sec. 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. The bill being a proposed amendment to the Constitution, the roll was called as follows: Those voting in the affirmative were Senators: Almand Atkinson Atwood Aultman Ennis FlYnt Fowler Holmes Jackson Johnson Kimbrough Lindsay McCutchen McKenzie Millican Neely Patten Phillips Pope Pruett Purdom Shannon Shedd Sikes Sutton Terrell Thrasher Walker Williams Those voting in the negative were Senators: Allen Burgin Burrell Chason Clements Griner Hardman Harrison Horne Jones Moye Peebles Peterson Robinson Sammon Whitehead Before the results of the roll call vote were announced, Senator Lindsav of the 34th District moved that Senate Bill No. 47 be tabled and the motion prevailed. Senator Allen of the 31st District asked unanimous consent that the following bills of the Senate be withdrawn from the committees, read a second time, and recommitted to their respective committees: MoNDAY, DEcEMBER 13, 1937. 369 By Senators Purdom of the 46th District, Phillips of the 29th District, Robinson of the 13th District, Pruett of the 32nd District, Whitehead of the 30th District, Shannon of the 21st District, Griner of the 45th District, McKenzie of the 48th District, and Forrester of the 44th District- Senate Bill No. 54. A bill prohibiting the sale and assignment of salaries, and for other purposes. Referred to Committee on Special Judiciary. By Senators Purdom of the 46th District, Phillips of the 29th District, Robinson of the 13th District, Pruett of the 32nd District, Whitehead of the 30th District, Shannon of the 21st District, Griner of the 45th District, McKenzie of the 48th District, and Forrester of the 44th District- Senate Bill No. 55. A bill amending Code Section 25-3113 prescribing the rate of interest on small loans, and for other purposes. Referred to Committee on Special Judiciary. The consent was granted, the bills read a second time and recommitted. Senator Neely of the 36th 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 Burgin of the 24th District, Neely of the 36th District, and Whitehead of the 30th District- Senate Bill No. 50. A bill increasing the members of the Milk Control Board to seven, and for other purposes. The consent was granted, the bill read a second time and recommitted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: :370 JouRNAL oF THE SENATE, By Mr. Tapp of GwinnettHouse Bill No. 205. A bill to be entitled an Act to create a new charter and Municipal Government for the City of Buford, in Gwinnett County, and for other purposes. By Mr. Yeomans of Wayne- House Bill No. 212. A bill to be entitled an Act to amend an Act establishing the City Court of Jesup, and for other purposes. By Messrs. Elliott, Smith, and Leonard of Muscogee- House Bill No. 220. A bill to be entitled an Act to amend an Act amending the charter of the City of Columbus and relating to general elections, and for other purposes. 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. D. D. McGregor of Ailey and Hon. H. J. Friedman of Brunswick. By Senator Moye of the 11th District- A resolution extending the privileges of the floor to Hon. E. R. King, former member of the Senate from the 11th District. By Senator Spivey of the 16th District- A resolution extending the privileges of the floor to Hon. Lawrence S. Camp, United States District Attorney for the Northern District of Georgia and former Attorney-General of the State of Georgia. By Senator Spivey of the 16th District- A resolution extending the privileges of the floor to Captain Robert M. Hitch, Mayor of Savannah, and Hon. Johnnie Bouhan, distinguished attorney of Savannah. By Senator Almand of the 50th District- A resolution extending the privileges of the floor to Hon. W. T. Ray, prominent attorney of Athens, Georgia. MoNDAY, DECEMBER 13, 1937. 371 By Senator Turner of the 35th District- A resolution extending the privileges of the floor to Hon. Frank Linch, prominent citizen of McDonough. By Senators Jackson of the 14th District and Sammon of the 51st District- A resolution extending the privileges of the floor to Hon. T. W. Oliver, former member of the Senate from the 48th District. By Senators Purdom of the 46th District and Atkinson of the 1st District- A resolution extending the privileges of the floor to Hon. J. P. Dukes, former member of the Senate from the 1st District. Senator McKenzie of the 48th District moved that the Senate do now adjourn and the motion prevailed. President Pro Tern. Terrell of the 19th District, presiding, announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. 372 JouRNAL oF THE SENATE, SENATE CHAMBER, ATLANTA, GA., TuEsDAY, DECEMBER 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 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, designated and requested Senator Lindsay of the 34th District to report on the Journal of yesterday's proceedings. Senator Lindsay of the 34th District, in compliance with the request of Senator Almand of the 50th 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 dispersed with and the consent was granted. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, . the following be established as the order of business: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. Special orders of the day. 6. Putting on passage Senate and House bills ready for third reading. TuESDAY, DECEMBER 14, 1937. :373 7. First reading and reference of House bills. The consent was granted. The following resolution of the Senate was read and adopted: By Senator Purdom of the 46th District and many others- Senate Resolution No. 26. A resolution requesting that the members of the Senate be furnished clerical help such as is now furnished members of the House by the various departments of the State Government, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Williams of the 5th DistrictSenate Bill No. 70. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Atwood of the 2nd DistrictSenate Bill No. 71. A bill granting Commissioners of Roads and Revenues of certain counties authority to regulate the size and use of buildings, size of yards and spaces, location and use of structures for trade, industry, residence, etc., and for other purposes. Referred to Committee on Counties and County Matters. By Senator Williams of the 5th DistrictSenate Bill No. 72. A bill amending the Constitution so as to authorize certain schools in Ware County to incur bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Burgin of the 24th DistrictSenate Bill No. 73. A bill amending the Constitution so as to prohibit the introduction of local bills in the General Assembly, and for other purposes. Referred to Committee on Amendments to the Constitution. 374 JouRNAL oF THE SENATE, Bv Senator Chason of the 8th District- Senate Bill No. 74. A bill requiring all new drugs to be tested by the State Chemist before the medical value is approved, and for other purposes. Referred to Committee on Hygiene and Sanitation. Bv Senator Williams of the 5th DistrictSenate Bill No. 75. A bill amending the Constitution authoriz- ing the Town of Willacoochee to incur a bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. Senator Purdom of the 46th District, Chairman of the Committee on Penitentiary, submitted the following report: Mr. President: Your Committee on Penitentiary have had under considera- tion the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 49. Do pass, as amended. Senate Bill No. 52. Do pass. Respectfully submitted, PuRDOM, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 28. Do pass, as amended. Respectfully submitted, SHANNON, Chairman. TuESDAY, DECEMBER 14, 1937. 375 Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 176. Do pass. House Bill No. 175. Do pass. House Bill No. 167. Do pass. Senate Bill No. 61. Do pass. Senate Bill No. 62. Do pass. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 120. Do pass, as amended. 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 have 376 JouRNAL OF THE SENATE, had under consideration the following bills and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 32. Do pass. House Bill No. 33. Do pass. Senate Resolution No. 22. Do pass. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 51. Do pass. Respectfully submitted, LLNDSAY, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 44. Do not pass. Respectfully submitted, THRASHER, Chairman. TuESDAY, DECEMBER 14, 1937. 377 We, the undersigned members of the Committee on Western and Atlantic Railroad, file this our minority report on Senate Bill No. 44, excepting to the report of the majority of the members of said committee and recommend that Senate Bill No. 44 do pass. PuRDOM of the 46th District, LINDSAY of the 34th District. Senator Purdom of the 46th District asked unanimous consent that Senate Bill No. 44 be placed on the calendar for the purpose of disagreeing to the report of the committee which was adverse to the passage of said bill. There was objection. Senator Lindsay of the 34th District moved that Senate Bill No. 44 be placed on the calendar for the purpose of disagreeing to the report of the committee which was adverse to the passage of said bill. On the motion by Senator Lindsay of the 34th District, Senator Atkinson of the 1st 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 Burgin Ennis Forrester Hampton Hardman Holmes Kimbrough Lindsay McKenzie Patten Phillips Pope Purdom Shannon Shedd Sutton Terrell Thrasher Turner Williams Those voting in the negative were Senators: Aultman Brock Chason Clements Flynt Griner Harris:>n Horne Jackson Johnson Jones Millican Moye Peebles Peterson Pruett Sammon Sikes Walker Whitehead 378 JouRNAL OF THE SENATE, Verification of the roll call was dispensed with. The ayes were 24, the.nays 20. The motion by Senator Lindsay of the 34th District therefore prevailed. Not voting were: Senators Burrell of the 40th District, Fowler of the 39th District, Harrell of the 12th District, Knabb of the 4th District, McCutchen of the 43rd District, Neely of the 36th District, and Robinson of the 13th District. Senator Atkinson of the 1st District asked unanimous con. sent that the following bill of the House be withdrawn from the Committee on Motor Vehicles, read a second time, and recommitted to the Committee on Motor Vehicles: By Mr. Gross of Stephens- House Bill No. 3. A bill to amend Section 68-211 of the Code of 1933 providing for annual fees on motor vehicles, etc., and for other purposes. The consent was granted, the bill read a second time and recommitted. Senator Peebles of the 18th 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 Peebles of the 18th District- Senate Resolution No. 25. A resolution amending Paragraph 1, Section 1, Article 7 of the Constitution, so as to authorize the General Assembly to exercise the power of taxation for the support of county government, and for other purposes. The consent was granted, the resolution read a second time and recommitted. Senator Almand. of the 50th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Public Library, read a second time, and recommitted to the Committee on Public Library: TuESDAX, DECEMBER 14, 1937. 379 By Senator McCutchen of the 43rd District- Senate Bill No. 69. A bill authorizing the State Librarian to furnish certain books to the University of Georgia School of Law, and for other purposes. The consent was granted, the bill read a second time and recommitted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majorit)' the following bills of the House and/or Senate, to-wit: By Senator Brock of the 37th DistrictSenate Bill No. 14. A bill to be entitled an Act amending the charter of the City of Carrollton, and for other purposes. By Senator Shedd of the 3rd DistrictSenate Bill No. 23. A bill to be entitled an Act to repeal an Act incorporating the City of Jesup, and for other purposes. By Senator Shedd of the 3rd DistrictSenate Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Jesup, and for other purposes. By Mr. Thomas of ChattoogaHouse Bill ~o. 156. A bill to be entitled an Act to reduce the official bond of the Sheriff of Chattooga County, Georgia, and for other purposes. By Messrs. Mundy and Trippe of PolkHouse Bill No. 200. A bill to be entitled an Act to amend the charter of the City of Cedartown by changing the manner in which it shall be determined which commissioners shall serve for two and four years, etc., 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 :\ct entitled" A.n Act to repeal all laws, and amendments to laws 380 JouRNAL OF THE SE!"ATE, heretofore passed, incorporating the City of Manchester; to provide for incorporating said City under the name of College Park;" and for other purposes. By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 223. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 230. A bill to be entitled an Act to alter, revise and amend the several acts relating to the incorporation of the Mayor and Aldermen of the City of Savannah, and for other purposes. By Mr. Harrell of Brooks- House Bill No. 231. A bill to be entitled an Act to amend Section 6 of the Act of 1921, which Act amends the Act of 1905 creating a new charter for the City of Quitman, and for other purposes. By Mr. Dollar of Grady- House Bill No. 236. A bill to be entitled an Act of the General Assembly establishing a Board of Commissioners of Roads and Revenues for Grady County, and for other purposes. By Mr. Dollar of Grady- House Bill No. 237. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Grady, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority, by substitute, as amended, the following bill of the Senate, to-wit: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- TuESDAY, DECEMBER 14, 1937. 381 Senate Bill No. 2. A bill to be entitled an Act to provide for exemption of certain homesteads from taxation, and for other purposes. 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. 51. A bill amending the Act creating the Board of Photographic Examiners, and for other purposes. By Senator Brock of the 37th District- Senate Bill No. 61. A bill creating a water and light commission for the City of Carrollton, and for other purposes. By Senator Brock of the 37th District- Senate Bill No. 62. A bill to amend the charter of the City of Carrollton, and for other purposes. The following resolution of the Senate, favorably reported by the committee, was read the second time: By Senator Pruett of the 32nd District- Senate Resolution No. 22. A resolution amending the Constitution by limiting the tax levy of counties to ten mills except for the purpose of liquidating outstanding debts, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Hampton of Fannin- House Bill No. 32. A bill amending the Constitution so as to authorize Fannin County to make temporary loans, and for other purposes. By Mr. Hampton of Fannin- House Bill No. 33. A bill to amend the Constitution so as to authorize the City of Blue Ridge to create a bonded indebtedness for certain purposes, and for other purposes. 382 JouRNAL oF THE SENATE, By Messrs. Grayson, Cohen, and MeNall of Chatham- House Bill No. 120. A bill to amend the Acts with reference to the Municipal Court of Savannah, and for other purposes. By Messrs. Sams, Candler, and Turner of DeKalb- House Bill No. 167. A bill establishing the City of Pine Lake in the County of DeKalb, and for other purposes. By Mr. Smith ofHenry- House Bill No. 175. A bill amending the Act with reference to announcement and payment of entrance fees by candidates in Henry County, and for other purposes. By Mr. Smith of Henry- House Bill No. 176. A bill amending the Act extending the corporate limits of the Town of McDonough, and for other purposes. The following bill of the Senate was read the third time and put upon its passage: By Senator Millican of the 52nd District- Senate Bill No. 29. A bill to provide for the use of voting machines at all elections in cities having a population of 200,000 or more in the State of Georgia, and for other purposes. The Committee on Municipal Government offered the following amendments to Senate Bill No. 29: To amend Section 4 by striking all of said section after the word "provided': in line 11. To amend Section 3, Subsection (b), line 4, by striking the figure "1%"and inserting in lieu thereof, the figure "10%." And, furthermore, amend said Section 3, Subsection (b), line 8, by striking the words, "occurring at least thirty (30) days thereafter." The committee amendments were adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. TuESDAY, DEcEMBER 14, 1937. 383 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 bill of the Senate, having been read a third time on yesterday and set as a special order of business for today, was taken up for consideration: By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District- Senate Bill No. 38. A bill to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law," and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to: On the passage of the bill, the ayes were 22, the nays 6. The bill having failed to receive the requisite constitutional majority was lost. Senator Millican of the 52nd District gave notice that at the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 38. The following bill of the House was read the third time and put upon its passage: By Messrs. Carmichael and Welsch of Cobb- House Bill No. 187. A bill to amend an Act which creates the office of Commissioner of Roads and Revenues of Cobb County by granting to said commissioner the power to pass zoning ordinances, and for other purposes. Senator Fowler of the 39th District offered the following amendments to House Bill No. 187: To amend by adding thereto a new section to be numbered appropriately and to read as follows: "Provided that before any survey is made or ordinance is passed or any other act involving expenses on the part of the Commis- 384 JouRNAL oF THE SENATE, sioner is performed the petitioners for the proposed zoning or districting shall pay the required cost of all acts necessary to zone or district the area sought to be zoned or districted." To further amend by adding the word "real" after the word "owning" in line 3 of paragraph 3 of Section 1 of said bill. 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 amended. Senate Bill No. 2, known as the Homestead Exemption Bill, was taken up for the purpose of considering the House substitute, as amended, thereto. Senator Lindsay of the 34th District moved that the House substitute and all amendments thereto to Senate Bill No. 2 be read. The motion prevailed. Senator Flynt of the 26th District moved that the Senate reconsider its action in adopting the motion by Senator Lindsay of the 34th District and the motion by Senator Flynt prevailed. Senator Lindsay of the 34th District moved that the Secretary of the Senate be instructed to have printed the House substitute and amendments thereto to Senate Bill No. 2 and placed on the desk of each Senator. The motion prevailed. The following bills of the House were read the first time and referred to the committees: By Mr. Thomas of Chattooga- House Bill No. 156. A bill to reduce the official bond of the Sheriff of Chattooga County, and for other purposes. Referred to Committee on Counties and County Matters. TuESDAY, DEcEMBER 14, 1937. 385 By Messrs. Mundy and Trippe of Polk- House Bill No. 200. A bill to amend the charter of the City of Cedartown, and for other purposes. Referred to Committee on Municipal Government. By Mr. Tapp of Gwinnett- House Bill No. 205. A bill to create a new charter for the City of Buford, and for other purposes. Referred to Committee on Municipal Government. By Mr. Yeomans of Wayne- House Bill No. 212. A bill to amend an Act establishing the City Court of Jesup, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Elliott, Smith, and Leonard of Muscogee- House Bill No. 220. A bill to amend an Act amending the charter of the City of Columbus, and for other purposes. Referred to Committee on Municipal Government. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 222. A bill to amend an Act which changed the name of the City of Manchester to the City of College Park, and for other purposes. Referred to Committee on Municipal Government. By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 223. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 230. A bill to amend the Acts incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes. Referred to Committee on Municipal Government. 386 JouRNAL OF THE SENATE, By i\Ir. Harrell of Brooks- House Bill )Jo. 2:31. :\ bill to amend the Act creating a new charter for the City of Quitman, and for other purposes. Referred to C?mmittee on :\Iunicipal Government. B,. :\Ir. Dollar of Grad. vHouse Bill :\o. 236. A. bill to repeal an ~\ct establishing a Board of Commissioners of Roads and Revenues for Grady Count), and for other purposes. Referred to Committee on Counties and County Matters. By :\lr. Dollar of Grady- House Bill )Jo. 237. A bill to create a Board of Commissioners of Roads and Revenues for Grady County, and for other purposes. Referred to Committee on Counties and County Matters. The following privilege resolution was read and adopted: By Senator Shannon of the 21st District~\ resolution extending the privileges of the floor to Hon. Roy Rowland, Solicitor-General of the Dublin Judicial Circuit. Senator McKenzie of the 48th District moved that the Senate do now adjourn and the motion prevailed. President ProTem. Terrell of the 19th District, presiding, announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. WEDNESDAY, DECEMBER 15, 1937. 387 SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, DECEMBER 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 Lindsay of the 34th 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 yesterday's proceedings has been examined and found to be correct. Senator Millican of the 52nd District gave notice of a motion that the Senate reconsider its action in defeating Senate Bill No. 38. Senator Shannon of the 21st District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. Senator Millican of the 52nd District moved that the Senate reconsider its action in defeating Senate Bill No. 38 and the motion prevailed. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business: 1. Introduction of bills and resOlutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions ready for third reading. 5. Putting on passage Senate and House bills ready for third reading. 6. First reading and reference of House bills. 388 JouRNAL oF THE SENATE, 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 52nd District- Senate Bill No. 76. A bill amending the Motor Fuel Tax Law, and for other purposes. Referred to Committee on Motor Vehicles. By Senator Jackson of the 14th District- Senate Bill No. 77. A bill amending the Fire Insurance Laws, so as to authorize the State to fix jurisdiction of rates, qualifications, etc., and for other purposes. Referred to Committee on Insurance. By Senator Lindsay of the 34th District- Senate Bill No. 78. A bill amending the Act regulating outdoor advertising within the rights-of-way of the public roads in this State, and for other purposes. Referred to Committee on Highways and Public Roads. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 79. A bill repealing Code Sections 77-503 and 77-504 with reference to applications for parole, and for other purposes. Referred to Committee on Penitentiary. The following resolution o( the Senate was introduced, read the first time, and referred to the committee: By Senator Shannon of the 21st District- Senate Resolution No. 27. A resolution extending the time of the committee in investigating the pulpwood situation in this State, and for other purposes. Referred to Committee on State of Republic. WEDNESDAY, DECEMBER 15, 1937. 389 Senator Purdom of the 46th District asked unanimous consent that the following bills of the Senate b~ withdrawn from the Committee on Penitentiary, read a second time, and recommitted to the Committee on Penitentiary: By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 63. A bill to provide that in all criminal sentences and records the words "public work camp" shall be used in lieu of the words" chain gang," and for other purposes. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 64. A bill to provide that in all cases in which a defendant is sentenced to electrocution the trial judge must direct that the sentence be executed by the state board of penal administration, and for other purposes. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 65. A bill abolishing ex-officio members of the State Prison Commission, and for other purposes. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 66. A bill prohibiting the sale of intoxicating beverages or the operating of dancing halls within one mile of state penal institutions, and for other purposes. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 67. A bill defining procedure in the trial of certain criminal cases, also authorizing the trial judge to suspend sentence or probate the defendant, and for other purposes. The consent was granted, the bills read the second time and recommitted. The following message was received from the House through Joe Boone, the Clerk thereof: 390 JouRNAL oF THE SENATE, Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Welsch of Cobb- House Bill No. 68. A bill to be entitled an Act to amend Civil Code of Georgia of 1933, relating to exercising right of eminent domain, and for other purposes. By Mr. Oden of Pierce- House Bill No. 252. A. bill to be entitled an Act to repeal an Act approved July 2:3, 1931, Georgia Laws of 1931, pp. 548-553, abolishing the offices of tax collector and tax receiver in and for the County of Pierce and creating in their stead a count\' tax commissioner, and for other purposes. By Mr. Oden of Pierce- House Bill :-.ro. 253. A bill to be entitled an :\ct to create the offices of tax receiver and tax collector for Pierce County, Georgia, and for other purposes. By :\1r. Martin of Jeff Davis- House Bill ="Jo. 257. .\ bill to be entitled an .\ct to repeal an Act, approved December 18, 1901 creating and/or establishing a public school system in the Town of Hazlehurst, Georgia, and for other purposes. By :\Iessrs. Parker and Barlow of Colquitt- House Bill ="Jo. 262. .-\ bill to be entitled an .-\ct to amend an Act approved March :~0, 19:37, Georgia Laws 19:37, pages 1990 et seq. creating a new charter for the City of Moultrie in the County of Colquitt, and for other purposes. lh :'vlr. Larsen of Laurens- House Bill Xo. 15. .-\ bill to be entitled an .-\ct to amend an .\ct abolishing the fee system in the Superior Court of the Dub- lin .1 udicial Circuit, and for other purposes. By :Mr. i\Ioore of LumpkinHouse Bill ~o. 40. .\ bill to be entitled an .-\ct to amend Sec- WEDNESDAY, DECEMBER 15, 1937. 391 tion 92-1410 of 1933 Georgia Code relating to distribution of tax derived from gasoline, and for other purposes. By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 47. A bill to be entitled an Act to amend Sanitary Laws in counties of 200,000 population or over. BY Mr. Fitts of Madison- House Bill No. 52. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Parker and Barlow of Colquitt- House Bill No. 57. A bill to be entitled an Act to provide for the convening of the General Assembly of Georgia in event of emergency or extraordinary session, and for other purposes. By l\Ir. Jones of Elbert- House Bill No. 54. A bill to be entitled an Act to regulate the business of Industrial Life Insurance Companies in the State of Georgia, and for other purposes. By Mr. DeFoor of Mcintosh- House Bill No. 61. A bill to be entitled an Act to amend Section 45-308 of Georgia Code of 1933, relating to marsh hens, and for other purposes. By Messrs. Harris and Milam of SpaldingHouse Bill No. 208. A bill to be entitled an Act to amend an :\ct granting a charter for the City of Griffin, in Spalding County, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit: By Senator Hampton of the 41st DistrictSenate Resolution No. 19. :\resolution authorizing the Gover- 392 JouRNAL OF THE SENATE, nor to contract with the Tennessee Copper Company with reference to the United States Supreme Court litigation, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Messrs. Thomas of Chattooga and Sutton of Wilkes- House Bill No. 59. A bill to be entitled an Act relating to cigars and cigarettes, and for other purposes. Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. President: Your Committee on Motor Vehicles have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 3. Do pass, as amended. Respectfully submitted, SuTToN, Chairman. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 25. Do pass, as amended. Respectfully submitted, PETERSON, Chairman. WEDNESDAY, DECEMBER 15, 1937. 393 Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 50. Do pass. House Bill No. 17. Do pass. 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 have had under consideration the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 56. Senate Bill No. 57. Do pass. Do pass. Respectfully submitted, PHILLIPS, 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 have had under consideration the following bill and resolutions of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: 394 JouRNAL OF THE SENATE, Senate Bill ~o. n. Do pass. Senate Resolution Xo. 2:~. Do pass. Senate Resolution -:\'"o. 2:>. Do pass. Respectfully submitted, PoPE, Chairman. Senator Jackson of the 14th District, Chairman of the Committee on Counties and County :\1atters, submitted the following report: Mr. President: Your Committee on Counties and County :\latters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill ~o. 178. Do pass, as amended. Respectfully submitted, JACKSON, Chairman. Senator Spivey of the 16th 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. Larsen and Dampier of Laurens- House Bill No. 201. :\ bill to amend an :\ct creating a new charter for the City of Dublin, and for other purposes. The consent was granted, the bill read a second time and recommitted. The following bills of the Senate, favorably reported bY the committees, were read the second time: By Senator Peebles of the 18th District- Senate Bill No. 56. .\ bill to amend the Highway Mileage :\ct by adding additional mileage to the State .\id System, and for other purposes. WEDNESDAY, DECEMBER 15, 1937. By Senator Peebles of the 18th District- Senate Bill No. 57. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Burgin of the 24th District- Senate Bill No. 73. A bill to amend the Constitution so as to prohibit the introduction of local bills in the General Assembly, and for other purposes. The following bills of the House, favorably reported bY the committees, were read the second time: By Messrs. Parker and Barlow of Colquitt- House Bill No. 17. A bill amending the Act of 1937, with reference to dealers in live stock, and for other purposes. By Mr. Holt of Appling- House Bill ~o. 178. A bill amending the Act creating the Board of Commissioners of Roads and Revenues for the Countv of Appling, and for other purposes. . The following bills of the Senate and House were read the third time and put upon their passage: By Senator Brock of the 37th District- Senate Bill No. 61. A bill creating a water and light commission for the City of Carrollton, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Brock of the 37th District- Senate Bill No. 62. A bill to amend the charter of the City of Carrollton, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 396 JouRNAL oF THE SENATE, On the passage of the bill, fhe ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Hampton of Fannin- House Bill No. 32. 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 Fannin County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of the taxes received by the county in the year in which said loans are made; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that Fannin County, in addition to the debts hereinbefore allowed, may 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 county commissioner and clerk to the county commissioner having charge of the levying of taxes in said county, and previously authorized by resolution by such county commissioner, at a regular monthly meeting of his court entered on the minutes. The aggregate amount of said loans 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 WEDNESDAY, DECEMBER 15, 1937. 397 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 proposal amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Fannin County to make temporary loans," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Fannin 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 7, Section 7, Paragraph 1, 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 in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, 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 Forrester Griner Hardman Holmes Horne Jackson Johnson Jones Kimbrough Knabb Lindsay McKenzie Millican Moye Nee]y Peebles Peterson Phillips Pruett Purdom Robinson Sammon Shannon Shedd Sikes 398 JouRNAL OF THE SENATE, Sutton Terrell Thrasher Turner Walker Whitehead Williams Voting in the negative was Senator: Harrell Verification of the roll call was dispensed with. The ayes were 43, the nays 1. The bill having received the requisite two-thirds constitutional majority was passed. ~ot voting were: Senators Burgin of the 24th District, Fowler of the 39th District, Hampton of the 41st District, Harrison of the 17th District, l\lcCutchen of the 43rd District, Patten of the 6th District, and Pope of the 7th District. By ::\Ir. Hampton of Fannin- House Bill No. :n. :\ BILL To be entitled an :\.ct to propose to the qualified voters of the State of Georgia an amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of the State of Georgia, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create bonded indebtedness for the purpose of paying off and discharging any indebtedness that now exists or that may hereafter exist against the said City of Blue Ridge. 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 ~"'-rticle Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of the State of Georgia, be and the same is hereby amended by adding thereto the following words: "Except that the City of Blue Ridge, a municipal corporation of Fannin County, State of Georgia, may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, in an amount in the aggregate not to exceed six (6(;~) per centum of the taxable property of said municipality as shown by the tax digest, for the purpose of paying off and dis- WEDNESDAY, DECEMBER 15, 1937. 399 charging any indebtedness that now exists or that may hereafter exist against the said City of Blue Ridge; provided that said bonded indebtedness shall not be incurred except with the assent of two-thirds of the qualified voters of said City of Blue Ridge, 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 of said City of Blue Ridge. Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two-thirds vote of the members elec.ted to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon, and publish~d in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election, and shall at the next general election be submitted 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 the City of Blue Ridge, a municipal corporation of Fannin County, to create a bonded indebtedness for the purpose of paying off indebtedness," and all persons voting at said election opposed to the adoption of said amendment, shall have written or printed on their ballots the words, "Against ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create a bonded indebtedness for the purpose of paying off indebtedness," 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 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 Seven, Section Seven, Paragraph One of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law. Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. 400 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 Clements Ennis Forrester Griner Hardman Holmes Home Jackson Johnson Kimbrough Knabb McKenzie Moye Neely Peebles Peterson Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams Those voting in the negative were Senators: Flynt Harrell Verification of the roll call was dispensed with. The ayes were 40, the nays 2. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Burgin of the 24th District, Fowler of the 39th District, Hampton of the 41st District, Harrison of the 17th District, Jones of the 38th District, Lindsay of the 34th District, McCutchen of the 43rd District, Millican of the 52nd District, and Patten of the 6th District. By Messrs. Grayson, Cohen, and McNall of Chatham- House Bill No. 120. A bill to amend the Acts of Legislature affecting the Municipal Court of Savannah, and for other purposes. The Committee on Counties and County Matters offered the following amendment to House Bill No. 120: To amend by adding after the words "or any Court of said County" in the 11th and 17th lines of Section 1 of said bill the following: WEDNESDAY, DECEMBER 15, 1937. 401 "the Judge issuing the warrant or the Chief Judge of the said Court shall have authority to give direction as to which of said officers shall serve the warrant." 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 34, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Sams, Candler, and Turner of DeKalb- House Bill No. 167. A bill to create and establish the Citv of Pine Lake, in the County of DeKalb, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Smith of Henry- House Bill No. 175. A bill to amend an Act so as to amend the charter of the City of McDonough, and for other purposes. The report 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. Smith of HenryHouse Bill No. 176. A bill to amend the charter of the City of McDonough, so as to extend the corporate limits of said city, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 102 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. Senator Lindsav of the 34th District asked unanimous consent that Senate Bill No. 44 be placed on the calendar for the purpose of disagreeing to the adverse report of the committee and the consent was gran ted. By ~lr. Gross of Stephens- House Bill :'\o. :3. :\bill to amend Senion G~-211 of the Code of 19:~3 providing for annual fees on motor vehicles, etc., and for other purposes. Senator Millican of the 52nd District asked unanimous consent that House Bill No. :3 and amendments thereto be considered section by section and the consent was granted. Section 1 of House Bill No. 3 was read and adopted. Section 2 of House Bill No. :3 was read and adopted. Section :~ of House Bill No. 3 was read. Senator Thrasher of the 27th District offered the following amendment: To amend Section :3, Paragraph c by striking all of Paragraph after the words "Roads of this State." The amendment by Senator Thrasher was adoptf'd. Section :3 of House Bill No. 3, as amended, was adopted. Section 4 of House Bill No. 3 was read. Senator Lindsay of the 34th District offered the following amendment: To amend by adding at the end of subparagraph (15) the following words after striking the period: "and for each truck owned and operated by a farmer in his own farm use and to haul the products of his own farm, a total fee of $1.50." WEDNESDAY, DECEMBER 15, 1937. 403 On the amendment bv Senator Lindsay of the 34th District, Senator Flynt of the 26th 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 Burrell Chason Flynt Harrell Horne Jackson Jones Kimbrough Lindsay Moye Neely Peebles Peterson Pruett Purdom Robinson Shedd Terrell Turner Walker Whitehead Those-voting in the negative were Senators: Allen Almand Atkinson Aultman Brock Clements Ennis Forrester Fowler Griner Hardman Holmes Johnson Knabb McCutchen McKenzie Millican Patten Phillips Pope Sammon Shannon Sikes Sutton Thrasher Williams Verification of the roll call was dispensed with. The ayes were 22, the nays 26. The amendment by Senator Lindsay of the :34th District was therefore lost. Not voting were: Senators Burgin of the 24th District, Hampton of the 41st District, and Harrison of the 17th District. Senator Almand of the 50th District offered the following amendment: To amend Section 4, subsection 3, paragraph a, by striking the figures $2.50 and inserting in lieu thereof the figure $1.00. On the amendment by Senator Almand of the 50th District, Senator Whitehead of the 30th District called for the ayes and nays and the call was sustained. 404 JouRNAL OF THE SENATE, The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Almand Atwood Flynt Johnson Pruett Robinson Shedd Whitehead Those voting in the negative were Senators: Allen Atkinson Aultman Brock Burrell Chason Clements Ennis Forrester Griner Hardman Harrell Holmes Horne Jackson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Neely Patten Peebles Peterson Phillips Pope Purdom Sammon Shannon Sikes Sutton Terrell Thrasher Turner Walker Williams Verification of the roll call was dispensed with. The ayes were 8, the nays 39. The amendment by Senator Almand of the 50th District was therefore lost. Not voting were: Senators Burgin of the 24th District, Fowler of the 39th District, and Harrison of the 17th District. Senator Sammon of the 51st District moved that the Senate remain in session until consideration of House Bill No. 3 was completed and the motion prevailed. Senator Whitehead of the 30th District offered the following amendment: To amend by adding to Section 4, subsection 20, as follows: "That no tax, or license shall be required of farmers using trucks for hauling commodities grown on their farms, or hauling necessary equipment, or doing other hauling connected with the operation of their farms, and shall be exempt from all provisions of this act so far as hauling their own produced commodities are concerned.'' WEDNESDAY, DECEMBER 15, 1937. 405 On the adoption of the above amendment, Senator Whitehead of the 30th District called for the ayes and nays. The call was not sustained. The amendment was lost. The Committee on Motor Vehicles offered the following amendments: To amend by striking the comma after the word "truck" and in front of the word "trailer" in the first line of the fifth paragraph of Section 4. To amend by adding at the end of the seventeenth paragraph of Section 4 the following: "Provided that .the provisions of this paragraph may be suspended by the Revenue Commission in their discretion for the year 1938." The committee amendments were adopted. The Committee on Motor Vehicles offered the following amendment: To amend by adding a new subsection to Section 4 known as subsection 15A reading as follows: "For each carry-all machinery mover used exclusively in the transportation of road machinery shall pay a flat license tag tax of $300.00." Senator Patten of the 6th District offered the following amendment: To amend the committee amendment providing for subsection 15A by adding the following thereto: "Machinery moved on such carry-all shall be used exclusively in the construction and/or maintenance of public roads in the State or any sub-division thereof." The amendment by Senator Patten to the committee amendment was adopted. The committee amendment, as amended, was adopted. 406 JouRNAL OF THE SENATE, Senator Thrasher of the 27th District offered the following amendment: To amend Section 4, paragraph 7 by adding after word semitrailer in first line, the words "and house trailers." The amendment by Senator Thrasher was adopted. The Committee on Motor Vehicles offered the following amendment: To amend by adding at the end of subparagraph nineteen the following: "The annual licenses and tags issued for the operation of vehicles described in subsections 3 through 14 above, may with the approval of the Revenue Commission be transferrable from a destroyed motor vehicle, to another vehicle upon payment of a transfer fee of 50, and upon presentation of an appropriate application for transfer, to be approved by the Revenue Commission; provided, however, that if the substituted vehicle normally calls for a higher priced tag than the vehicle displaced a proportionate additional fee shall be paid for the remainder of the taxable year." The State Revenue Commission may provide for the local distribution of motor vehicle license tags in such counties as, in their discretion, may be practicable, and under such rules and regulations as said Commission may prescribe. The State Revenue Commission shall on or before the first day of March, 1938 and on or before the first day of March of each vear thereafter furnish to the tax receiver or tax commissioner ~f each county a description of all automobiles, busses, trucks, tractors and trailers licensed by said commission and the name of the respective owners thereof who reside in such county, and it shall be the dutv of the tax receiver or tax commissioner to immediately ent~r on the tax digest of such county the return of said property for taxation at the valuation prescribed by the last edition of the Automobile Blue Book where there has been no return of said property for such year in which said license is purchased; provided that in any instance where such property has been returned by the owner for taxation, the valuation thereof shall be determined as now provided by law. WEDNESDAY, DECEMBER 15, 1937. The Committee on Motor Vehicles offered the following amendment to the preceding committee amendment: To amend the committee amendment by adding after the word "destroyed" in the 4th line of paragraph 6 of said amendment the words "or retired." The amendment to the committee amendment was adopted. The committee amendment, as amended, was adopted. Section 4 of House Bill No. 3, as amended, was adopted. Section 5 of House Bill No. 3, was read: The Committee on Motor Vehicles offered the following amendment: To amend by striking the word "February" from the thirteenth line of Section 5 and inserting in lieu thereof the word "January." The committee amendment was adopted. Section 5 of House Bill No. 3, as amended, was adopted. Section 6 of House Bill No. 3 was read and adopted. Section 7 of House Bill No. 3 was read: The Committee on Motor Vehicles offered the following amendment: To amend by striking from the fourth and fifth lines of Section 7 the words" on or before Februarv. first in each v. ear thereafter" and inserting in lieu thereof the following: "on or before February first, 1938 and each year thereafter." The committee amendment was adopted. Section 7 of House Bill No. 3, as amended, was adopted. Section 8:\. of House Bill ~o. 3 was read: The Committee on Motor Vehicles offered the following amendments: To amend by adding at the end of Section 8:\ the following "provided he has complied with all the provisions of the Motor 408 JouRNAL oF THE SENATE, Vehicle laws of his home State, and produces a certificate from a County officer or a notary public under seal as to the fact that he is the producer of the products being transported." To amend by adding to Section 8A the following: "Fire trucks operated by municipal corporations or other political sub-divisions shall also be exempt from the provisions of this Act." The committee amendments were adopted. Section 8A of House Bill No.3, as amended, was adopted. Senator Lindsay of the 34th District offered the following amendment: To amend by adding a new section to be numbered Section 8 (aa), as follows: "Section 8 (aa). It shall be lawful for the authority having jurisdiction over the collection and enforcement of this Act to make such reciprocal arrangements with other States as to vehicles dulv licensed in other States, to enter and traverse the highways of this State on such reciprocal terms as may be extended to vehicles from the State of Georgia in such States." The amendment by Senator Lindsay of the 34th District was adopted. The Committee on Motor Vehicles offered the following amendment: To amend by adding the following after Section 8A, a new section to be known as Section 8B: "If the vehicle described herein is operated under the jurisdiction of the Georgia Public Service Commission as a carrier of passengers, the rate shall be one-third of the amount herein mentioned where the vehicle is operated over a route of fifty miles or less, and two-thirds of the amount herein mentioned where the vehicle is operated over a route of more than fifty miles and less than one hundred miles, and the full rate shall be collected of the amount herein mentioned where the vehicle is operated over a route of more than one hundred miles in length." \VEDNESDAY, DECEMBER 15, 1937. 409 The committee amendment was adopted. Section 9 of House Bill No. 3 was read. The Committee on Motor Vehicles offered the following amendment: To amend by adding a section to the bill to be known as section 9A to read as follows: "No 2-axle trailers of four wheels or more shall be operated upon the public highways of the State unless the same be equipped with efficient power, hydraulic or air brakes operated from the driver's seat of the tractor unit." The committee amendment was adopted. Section 9 and Section 9A of House Bill No. 3 were adopted. Section 10 of House Bill No.3 was read. Senator Pope of the 7th District offered the following amendment: To amend line 2 of Section 10 by adding words "any of" before the word" the." The amendment by Senator Pope was adopted. Section 10 of House Bill No. 3, as amended, was adopted. Section 11 of House Bill No.3 was read and adopted. The Committee on Motor Vehicles offered the following amendment: To amend by adding a new section to be numbered Section llA as follows: "This Act shall become effective on the first day of January, 1938." The committee amendment was adopted. Section 12 of House Bill No. 3 was read and adopted. The Committee on Motor Vehicles offered the following amendments to House Bill No.3: 110 JouRNAL oF THE SENATE, To amend the caption by adding just before the words "and for other purposes" the following words, to-wit: "to authorize and provide for reciprocal agreements; to provide for the distribution of license tags for motor vehicles; to provide for the return of motor vehicles, trailers, and trucks for ad valorem taxation; to provide the method of assessment thereof; to provide safety features for certain trailers, trucks and motor vehicles;" The committee amendments were adopted. Senator Lindsay of the 34th District moved that the Senate reconsider its action in adopting Section 4, of House Bill No. 3, as amended. The motion was lost. Senator Millican of the 52nd District asked unanimous consent that the President be authorized and instructed to appoint two members of the Senate to perfect the caption of the bill in compliance with the amendments added to the bill. The consent was granted and the President appointed Senator Millican of the 52nd District and Senator Atkinson of the 1st District. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended. 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 amended. The following communication was read by the Secretary of the Senate: HoN. JoHN B. SPIVEY, President of the State Senate, :\tlanta, Georgia. December 13, 1937. Dear Mr. Spivey The General Assembly, at the regular session in 1937, saw fit WEDNESDAY, DECEMBER 15, 1937. 411 to place the State Superintendent of Schools on the Commission to lease the old Union Depot property in Atlanta. The minimum seven months' school law, the payment of teachers by the State, and the providing of free school books have placed upon the State Superintendent of Schools greater responsibilities than ever before, and I believe he should devote his entire time to furthering the enlarged common school program. Therefore, since the interests of our great State can better be served by relieving the State Superintendent of Schools of extra responsibilities, I shall appreciate it very much if you will use your influence in having the personnel of the above-mentioned Commission changed so as to substitute someone else for the State School Superintendent. Sincerely yours, M. D. CoLLINs, State Superintendent of Schools. The following privilege resolutions were read and adopted: By Senators Johnson of the 42nd District and Forrester of the 44th District- A resolution extending the privileges of the floor to Hon. Milton Fleetwood and Hon. Ben Gilreath, prominent citizens of Bartow CountY. By Senators Jackson of the 14th District and Shannon of the 21st District- A resolution extending the privileges of the floor to Hon. L. H. Browning. The hour of adjournment having arrived, President Pro Tern. Terrell of the 19th District, presiding, announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. 412 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., THURSDAY, DECEMBER 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. 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 Millican of the 52nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. The Journal was confirmed. Senator Williams of the 5th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for the day: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested bills and resolutions. 5. Special order of the day. 6. First reading and reference of House bills and resolutions. 7. Putting on passage Senate and House bills and resolutions ready for third reading. The consent was granted. THURSDAY, DECEMBER 16, 1937. 413 The following communication from His Excellency, the Governor, was read by the Secretary of the Senate: December 15, 1937. HoN. JoHN B. SPIVEY, President of the Senate, State Capitol. Dear John: In the proclamation that will be posted within the next few days, dealing with the holidays for the coming Yuletide Season, the Governor has seen fit to close the Capitol only on Christmas Day, December 25. However, it is his desire that the department heads set out those days that they think their individual employees should be given, in order that the workings of their department might go on in a manner that will not be detrimental to the department, or inconvenient to the people of the state. Wishing for you a most pleasant Christmas and a very prosperous New Year, I am Sincerely yours, DowNING MusGROVE, . Secretary Executive Department. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: By Senator Atkinson of the 1st District- Senate Bill No. 27. A bill to be entitled an Act to amend an Act to abolish the office of County Treasurer in and for Chatham County, and for other purposes. 414 JouRNAL oF THE SENATE~ By Mr. Clary of Columbia- House Bill No. 209. A bill to be entitled an Act to reduce the bond of the Sheriff of Columbia County from Five Thousand (5,000) Dollars to Two Thousand (2,000) Dollars, and for other purposes. By Messrs. Kirbo and Simmons of Decatur- House Bill No. 211. A bill to be entitled an Act to reduce the bond of the Sheriff of Decatur County, Georgia, and for other purposes. By Mr. Herndon of Hart- House Bill ~o. 216. A bill to be entitled an Act to amend Section 6 of the Act approved March 4, 19:35, (Ga. Laws 1935, pp. 687-690) creating the office of Tax Commissioner for the County of Hart, and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 235. A bill to be entitled an Act to repeal an Act approved March 4, 1937, abolishing the County Court of Clinch County, and for other purposes. By Mr. Booth of Barrow- House Bill No. 251. A bill to be entitled an :\ct to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes. By Messrs. Lanham, Keel, and Davis of Floyd- House Bill )Jo. 254. A bill to be entitled an :\ct to amend the charter of the City of Rome, and for other purposes. By Mr. Whaley of Telfair- Honse Bill No. 259. A bill to be entitled an :\ct to abolish the offices of Tax Receiver and Tax Collector of Telfair County, and for other purposes. By Mrs. Mankin and Messrs. Kendrick and Hastings of FultonHouse Bill No. 269. A bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, Fulton County, and for other purposes. THURSDAY, DECEMBER 1(), 1937. 415 By :\lr. Johnson of ChattahoocheeHouse Bill :N"o. 271. :\ bill to be en ti tied an Act to amend an A.ct creating a new Board of Commissioners for the County of Chattahoochee, and for other purposes. By Messrs. Coleman and Houze of Lowndes- House Bill No. 272. A bill to be entitled an Act to amend an A.ct incorporating the City of Valdosta, and for other purposes. By Mr. Ennis of Baldwin- House Bill No. 276. A bill to be entitled an Act to amend an A.ct establishing a new charter for the City of Milledgeville, approved December 15, 1900, and the several Acts amendatory thereof, and for other purposes. By J\Iessrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 281. A bill to be entitled an Act to amend the charter of the City of Savannah, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Holmes of the 22nd District- Senate Bill No. 80. A bill amending the Constitution authorizing the City of Macon to make temporary loans, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Fowler of the 39th District- Senate Bill No. 81. A bill abolishing the County Commissioners of Douglas County, and for other purposes. Referred to Committee on Counties and County Matters. By Senator Fowler of the 39th District- Senate Bill No. 82. A bill establishing a Board of Commissioners of Roads and Revenues for the County of Douglas, and for other purposes. Referred to Committee on Counties and County Matters. 416 JouRNAL oF THE SENATE, 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. 28. A resolution providing for a recess of the General Assembly for the Christmas Holidays, and for other purposes. Referred to Committee on Rules. 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 have had under consideration the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 72. Do pass. Senate Bill No. 75. Do pass. 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 156. Do pass. House Bill No. 236. Do pass. House Bill No. 237. Do pass, as amended. Respectfully submitted, JAcKSON, Chairman. THURSDAY, DECEMBER 16, 1937. 417 Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 58. Do pass. Respectfully submitted, ENNIS, Chairman. Senator Lindsay of the 34th District, Chairman of the Committee on Genera"! Judiciary No. 1, submitted the following report: Mr. President: Your Committee on General Judiciary No. 1 have had under consideration the following resolution of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Resolution No. 18. Do pass. Respectfully submitted, LINDSA v, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 4J. Do pass. Respectfully submitted, LINDSAY, Chairman. !18 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 53. Do pass. Respectfully submitted, SHANNON, Chairman. Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report: j\1r. President: Your Committee on Highways and Public Roads have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 70. Do pass. Respectfully submitted, PHILLIPS, 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 have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 220. Do pass. House Bill No. 128. Do pass. THURSDAY, DECEMBER 16, 1937. -!19 House Bill No. 231. Do pass. Senate Bill No. 68. Do pass. House Bill No. 222. Do pass. Respectfully submitted, PEEBLES, Chairman. Senator Purdom of the 46th District, Chairman of the Committee on Penitentiary, submitted the following report: Mr. President: Your Committee on Penitentiary have had under consideration the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 63. Do pass. Senate Bill No. 64. Do pass. Senate Bill No. 65. Do pass. Senate Bill No. 66. Do pass. Senate Bill No. 67. Do pass. Senate Bill No. 79. Do pass. Respectfully submitted, PuRDOM, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 69. Do pass. Respectfully submitted, JOHNSON, Chairman. 420 JOURNAL OF THE SENATE, The following bills of the Senate, favorably reported by the committees, were read the second time: BY Senator Millican of the 52nd District- Senate Bill ~o. 43. A bill to amend Code Section 59-101, with reference to Jury Commissioners and the removal of same, and for other purposes. BY Senator Millican of the 52nd District- Senate Bill ~o. 5:). A bill to amend Code Sections 92-4909 and 92-4910, providing for the weekly settlements by Tax Collectors in counties having a population of 200,000 or more, and for other purposes. Bv Senator Millican of the 52nd District- Senate Bill :'{o. 68. A bill amending the Act providing for pensions in counties having a population of 150,000 or more, and for other purposes. Bv Senator Williams of the 5th District- Senate Bill No. 70. A bill amending the Highway Mileage Act by adding additional mileage in the Counties of Ware and l\1acon, and for other purposes. Bv Senator Williams of the 5th District- Senate Bill No. 72. A bill amending the Constitution so as to authorize trustees of certain schools in \Vare County to incur a bonded indebtedness, and for other purposes. Bv Senator Williams of the 5th District- Senate Bill No. 75. A bill amending the Constitution so as to authorize the Town of Willacoochee to incur bonded indebtedness, and for other purposes. Bv Senators Purdom of the 46th District, Atkinson of the 1st . District, and Lindsay of the 34th District- Senate Bill No. 79. A bill repealing Code Section 77-503 and amending Section 77-504 relative to the applications for parole, and for other purposes. Tm;RsDAY, DECEMBER 16, 19:37. -121 The following bills of the House, favorably reported b,- the committees, were read the second time: By Messrs. Candler, Sams, and Turner of DeKalb- House Bill No. 128. A bill amending the .\ct creating the charter of the City of Decatur, and for other purposes. By Mr. Thomas of Chattooga- House Bill No. 156. A bill reducing the bond of Sheriff of the County of Chattooga, and for other purposes. By Messrs. Elliott, Smith, and Leonard of Muscogee- House Bill No. 220. A bill amending the Act with reference to general elections in the City of Columbus, and for other purposes. By Mrs. Mankin and "Messrs. Hastings and Kendrick of Fulton- House Bill No. 222. A bill amending the Act changing the name of the City of Manchester to the name of College Park so as to authorize the officials of College Park to enact zoning laws, and for other purposes. By Mr. Harrell of Brooks- House Bill No. 2:31. A bill amending the charter of the City of Quitman, and for other purposes. By Mr. Dollar of Grady- House Bill No. 2:36. A bill abolishing the Board of Commissioners of Grady County, and for other purposes. By Mr. Dollar of Grady- House Bill No. 237. A bill creating a Board of Commissioners of Roads and Revenue in Grady County, and for other purposes. The following local uncontested bills of the Senate and House were read the third time and put upon their passage: By Senator Peebles of the 18th District- Senate Bill No. 56. A bill to amend the Highway Mileage Act 422 JouRNAL OF THE SENATE, by adding additional mileage 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 36, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Peebles of the 18th District- Senate Bill No. 57. A bill to amend the Highway Mileage Act by adding additional mileage 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. Holt of Appling- House Bill No. 178. A bill amending the Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, and for other purposes. The Committee of the Senate on Counties and Countv Matters offered the following amendment: To amend House Bill No. 178 by striking wherever it appears the name of John M. Sellars and substituting therefor the name of Seab Craven. 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 38, the nays 0. The bill having received the requisite constitutional majorit~ was passed, as amended. THt.:RSDAY, DECEMBER Hi, 19:37. 423 The following bills of the House were read the-first time and referred to the committees: By Mr. Larsen of LaurensHouse Bill No. 15. A bill to amend an Act abolishing the fee system in the Superior Court of the Dublin Judicial Circuit, and for other purposes. Referred to Committee on General Judiciary No. 1. By Mr. Moore of LumpkinHouse Bill No. 40. A bill to amend the 1933 Code relating to distribution of tax derived from gasoline, and for other purposes. Referred to Committee on l\Iotor Vehicles. By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton---'--House Bill No. 47. A bill to amend the sanitary laws in certain counties, and for other purposes. Referred to Committee on Hygiene and Sanitation. BY Mr. Fitts of MadisonHouse Bill No. 52. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Jones of ElbertHouse Bill No. 54. A bill to regulate the business of Industrial Life Insurance in the State, and for other purposes. Referred to Committee on Insurance. By Messrs. Parker and Barlow of ColquittHouse Bill No. 57. A bill to provide for the convening of the General Assembly in event of emergency or extraordinary session, and for other purposes. Referred to Committee on State of Republic. By Messrs. Thomas of Chattooga and Sutton of WilkesHouse Bill No. 59. A hill to amend an Act relating to cigar and cigarette taxes, and for other purposes. 424 JouRNAL OF THE SENATE, Referred to Committee on Finance. By Mr. DeFoor of Mcintosh- House Bill No. 61. A bill to amend the Code of 1933 relating to marsh hens, and for other purposes. Referred to Committee on Game and Fish. By Mr. Welsch of Cobb- House Bill No. 68. A bill to amend the 1933 Code relating to exercising right of eminent domain, and for other purposes. Referred to Committee on General Judiciary No. 1. By Messrs. Harris and Milam of Spalding- House Bill No. 208. A bill to amend an Act granting a charter for the City of Griffin, and for other purposes. Referred to Committee on Municipal Government. By Mr. Clary of Columbia- House Bill No. 209. A bill to reduce the bond of the Sheriff of Columbia County, and for other purposes. Referred to Committee on Special Judiciary. By Messrs. Kirbo and Simmons of Decatur- House Bill No. 211. A bill to reduce the bond of the Sheriff of Decatur County, and for other purposes. Referred to Committee on Special Judiciary. By Mr. Herndon of HartHouse Bill No. 216. A bill to amend the Act creating the office of Tax Commissioner of Hart County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. 1\lusgrove of ClinchHouse Bill No. 235. A bill to repeal an Act abolishing the County Court of Clinch County, and for other purposes. Referred to Committee on Counties and County Matters. THURSDAY, DECEMBER 16, 1937. By Mr. Booth of Barrow- House Bill No. 251. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Oden of Pierce- House Bill No. 252. A bill to repeal an Act abolishing the offices of Tax Collector and Tax Receiver of Pierce County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Oden of Pierce- House Bill No. 253. A bill to create the offices of Tax Receiver and Tax Collector for Pierce County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Lanham, Keel, and Davis of Floyd- House Bill No. 254. A bill to amend the charter of the Citv of Rome, and for other purposes. . Referred to Committee on Municipal Government. By Mr. Martin of Jeff Davis- House Bill No. 257. A bill to repeal an Act creating a public school system in the Town of Hazlehurst, and for other purposes. Referred to Committee on Municipal Government. By Mr. Whaley of Telfair- Honse Bill No. 259. A bill to abolish the offices of Tax Receiver and Tax Collector of Telfair County, and for other purposes. Referred to Committee on Counties and Countv Matters. By Messrs. Parker and Barlow of Colquitt- House Bill No. 262. A bill to amend an Act creating a new charter for the City of Moultrie, and for other purposes. Referred to Committee on Municipal Government. 426 JouRNAL OF THE SENATE, By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 269. A bill to amend an Act incorporating the City of Hapeville, and for other purposes. Referred to Committee on Municipal Government. By Mr. Johnson of Chattahoochee- House Bill No. 271. A bill to amend an Act creating a new Board of County Commissioners for Chattahoochee County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Coleman and Houze of Lowndes- House Bill No. 272. A bill to amend an Act incorporating the City of Valdosta, and for other purposes. Referred to Committee on Municipal Government. By Mr. Ennis of Baldwin- House Bill No. 276. A bill to amend an Act establishing a new charter for the City of Milledgeville, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Cohen, Grayson, and MeNall of Chatham- House Bill No. 281. A bill to amend the charter of the Citv of Savannah, and for other purposes. . Referred to Committee on Municipal Government. Senator Millican of the 52nd 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 Messrs. Mundy and Trippe of Polk- House Bill No. 200. A bill to amend the charter of the CitY of Cedartown, Georgia, and for other purposes. . The consent was granted, the bill read a second time, and recommitted. THURSDAY, DECEMBER 16, 1937. 427 The following resolution of the Senate was read the third time and put upon its passage. By Senator Lindsay of the 34th District- Senate Resolution No. 18. A resolution relieving R. F. Mobley and Joel Lunsford as sureties on the bond of Harold Clark, 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 28, the nays 0. The resolution having received the requisite constitutional majority was adopted. The following bill of the Senate was reached on the calendar and taken up for consideration: By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District- Senate Bill No. 38. A bill to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law," and for other purposes. The report 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 Shannon of the 21st District asked unanimous consent that Senate Bill No. 38 be immediately transmitted to the House and the consent was granted. Senator Lindsav of the 34th District asked unanimous consent that Senate Resolution No. 18 be immediately transmitted to the House and the consent was granted. The following bill of the Senate, having been established as a special order of business of the day, was taken up for consideration: 428 JouRNAL OF THE SENATE, By Senators Purdom of the 46th District and Jackson of the 14th District- Senate Bill No. 31. A. bill to amend Section 92-5301 of the Code with reference to fees and commissions of Tax Receivers and Tax Collectors, and for other purposes. Senator Pope of the 7th District offered the following sub- stitute for Senate Bill ~o. :n: A BILL To be entitled an Act to fix the method and manner of determining the amount of fees and commissions to be allowed Tax Receivers and Tax Collectors of this State; to provide the manner and method of determining the total amount on which the various Tax Receivers shall be paid and allowed fees and commissions; and to determine and fix the method of determining the amount of fees and commissions to be paid and allowed the Tax Collectors of this State; to provide for the taking into consideration in determining such fees and commissions the amount of Homestead and Personal Property Tax Exemptions, to provide when effective, to provide for the collection of delinquent taxes and the fees therefor, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same. Section 1. That in determining the amount of fees and commissions to be paid to the Tax Receivers and Tax Collectors of the various counties of this State such receivers and collectors shall be paid the fees and commissions as now provided by law, and in determining the total amount of the Tax Digest on which the Tax Receiver shall be paid a commission for the purpose of determining the amount of such commissions, there shall be added to the total of such digest the total amount of exemptions of both real and personal property granted in such county, and the fees and commissions due such Tax Receiver shall be paid accordingly. Sec. 2. Be it further enacted that in determining the amount of fees and commissions due the various Tax Collectors of this THt:RSDAY, DECE\1BER 16, 1937. -!29 State that in all cases where such Tax Collectors may collect the ad valorem taxes due by any person who has been granted an exemption of real or personal property, or both, that in each such case the Tax Collector shall be paid and allowed a fee or commission in an amount equal to the commission such collector would have received had such exemption or exemptions not been granted or allowed. Sec. 3. Be it further enacted by the authority aforesaid, that this revised and amended schedule of commissions shall apply to tax digests for the years beginning January 1, 19:38. Sec. 4. Be it further enacted by the authority aforesaid that as far as the Tax Collectors are concerned the above rates and schedules shall apply upon the 1st 90% of the ad valorem digests collected by the Tax Collector. On all taxes' collected in excess of 90% of the total of taxes due according to the Tax digest prior to the year 1938 the Tax Collectors shall be paid for collecting the State's part of such delinquent taxes 10% of all such collections, irrespective of the above and foregoing schedules and rates. Sec. 5. Be it further enacted by the authority aforesaid that it shall be the duty of the Tax Collector to pay to the Tax Receiver his commissions due by the State and by the County, upon the production of the Comptroller General's receipt for his digest, with a specification therein of the amount of commissions to which he is entitled, and not otherwise; and to produce said receiver's receipts, with his receipts thereon, to the Comptroller General, before he shall be allowed credits for such commissions. Sec. 6. Be it further enacted by the authority aforesaid, that all laws, and parts of laws in conflict herewith be and the same are hereby repealed. Senator Lindsay of the 34th District offered the following amendments to the substitute for Senate Bill No. 31: To amend Section 1 by adding after the word "County" at the end of the next to the last line of said Section the words "less the gross fees such officers have received from certifying exemptions." JouRNAL OF THE SENATE, To amend Section 2 by adding at the end of Section 2 the following words:" Provided, however, before allowing additional compensation for exempted property, all fees for certifying homestead exemptions shall be charged to such officer and the remainder of the loss charged or allowed." The amendments by Senator Lindsay were adopted. Senators Terrell of the 19th District and Harrell of the 12th District offered the following amendments to the substitute for Senate Bill No. 31: To amend Section 3 of said substitute by adding the following words at the end of said Section: "Provided that the Constitutional Homestead Exemption of real estate to the amount of $2000 is finally passed by the General ~-\ssembly and approved by the Governor, and provided that no additional fees or commissions shall be allowed the Receivers or Tax Collectors." The amendment by Senators Terrell and Harrell was adopted. Senator Sammon of the 51st District offered the following amendment to the substitute for Senate Bill ~o. 31: To amend by adding at the end of Section 5 of said bill the following: "Provided that in no case shall the fees of any Tax Receiver or Tax Collector exceed the amount of fees received for the year 1937 and that any excess shall revert to the treasury of the countY affected." The amendment by Senator Sammon was adopted. The substitute, as amended, 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 40, the nays 2. The bill having received the requisite constitutional majority was passed, by substitute, as amended. THURSDAY, DECEI\TBER 16, 1937. -!31 The following bill of the Senate was read the third time and put upon its passage: By Senator Burgin of the 24th District- Senate Bill No. 73. 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." Sec. 2. Be it further enacted, that whenever the above proposed amendment to the Constitution shall be agreed to by twothirds 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 congressional district in this State for the period JouRNAL OF THE SENATE, of two months next preceding the time of holding the next general election. Sec. 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 qualified 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." Sec. 4. Be it further enacted, that the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people, as required by the Constitution of said State in Paragraph One of Section One of ~-\rticle Thirteen, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Senator Lindsay of the 31th District moved that further consideration of Senate Bill No. 73 be postponed until tomorrow and the motion was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, DECE:\IBER 1G, 1937. 433 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 Fowler Griner Hampton Hardman Harrison Holmes Horne Jackson Johnson Jones Kimbrough Knabb McCutchen McKenzie Millican Moye Neely Peebles Pope Pruett Purdom Sammon Shannon Shedd Sikes Terrell Thrasher Turner Walker Williams Those voting in the negative were Senators: Flynt Harrell Lindsay Peterson Verification of the roll call was dispensed with. The ayes were 42, the nays 4. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Patten of the 6th District, Phillips of the 29th District, Robinson of the 13th District, Sutton of the 47th District, and Whitehead of the 30th District. Senator Atkinson of the 1st District asked unanimous consent that the Senate consider the House substitute and amendments to Senate Bill No. 2 at this time. The consent was granted. .-\t the request of Senator Atkinson of the 1st District, the Secretary of the Senate read Senate Rule No. 91. Senate Bill No. 2, known as the Homestead Exemption Bill, was taken up for the purpose of considering the House substitute and amendments thereto. Senator Harrison of the 17th District moved that consideration of the House substitute and amendments to Senate Bill No. 2 be indefinitely postponed. JouRNAL oF THE SENATE, On the adoption of the motion by Senator Harrison, 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: Chason Harrison Those voting in the negative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Clements Flynt Forrester Fowler Griner Hampton Hardman Harrell Holmes Horne Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen McKenzie Millican Moye Neely Peebles Peterson Phillips Pope Pruett Purdom Sammon Shedd Sikes Sutton Terrell Thrasher Turner Williams Verification of the roll call was dispensed with. The ayes were 2, the nays 43. The motion to indefinitely postpone by Senator Harrison was lost. Not voting were: Senators Ennis of the 20th District, Patten of the 6th District, Robinson of the 13th District, Shannon of the 21st District, Walker of the 28th District, and Whitehead of the 30th District. Senator Millican of the 52nd District moved that consideration of House substitute and amendments to Senate Bill No. 2 be postponed until tomorrow, December 17, 1937. Senator Harrell of the 12th District moved that consideration of the House substitute and amendments to Senate Bill No. 2 be tabled and the motion was lost THURSDAY, DECEMBER 16, 1937. 435 On the adoption of the motion 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: Almand Aultman Chason Flynt Griner Hampton Harrison Holmes Johnson Jones Kimbrough Lindsay McCutchen Millican Moye Peterson Terrell Thrasher Walker Those voting in the negative were Senators: Allen Atkinson Brock Burgin Burrell Clements Ennis Forrester Fowler Hardman Harrell Horne Jackson Knabb McKenzie Neely Peebles Phillips Pope Pruett Purdom Sammon Shedd Sikes Sutton Turner Williams Verification of the roll call was dispensed with. The ayes were 19, the nays 27. The motion tp postpone until tomorrow by Senator Millican was lost. Not voting were: Senators Atwood of the 2nd District, Robinson of the 13th District, Shannon of the 21st District, Patten of the 6th District, and Whitehead of the 30th District. By unanimous consent the Senate agreed to remain in session until consideration of the House substitute and amendments to Senate Bill No. 2 was completed. The following House substitute and amendments thereto to Senate Bill No. 2 were read: A BILL To be entitled an Act to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to de- 136 JouRNAL OF THE SENATE, termine the value and eligibility of the homestead; to prescribe rules and regulations for setting aside exemptions; to provide for the keeping of the record of such exemption; to provide for homestead exemption application blanks; to provide for a fee when application is filed; to provide for the approval of such exemption; to define offenses and fraudulent acts; and to affix punishment and penalities for such offenses; and to repeal existing laws in conflict, and a separability clause; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Beginning January 1, 1938, and for the years thereafter, there shall be exempted from all 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 Two Thousand ($2,000.00) Dollars and only so long as occupied by the owner primarily and in good faith as such, the said amount of Two Thousand Dollars ($2,000.00), value to be exempted from taxation as hereinafter provided. Sec. 2. The person seeking said exemption shall, on or before April 1st of the year in which exemption from taxation is sought, file a written application and schedule with the County Tax Receiver or Tax Commissioner charged with the duty of receiving returns of property for taxation. The failure to so file said application and schedule as provided herein shall constitute a waiver upon the part of such person failing to make said application for exemption for said year. Sec. 3. The application provided for in this "-\ct shall be furnished to the County Tax Receiver or Tax Commissioner, as the case may be, of the various counties by the Comptroller General of Georgia, not later than February 1st of each year. Said application shall" provide for a statement of ownership of said homestead, a complete description of the property on which homestead exemption is claimed, when and from whom acquired, the kind of ti tie held, the amount of liens and to whom due, if any, and for the approval of said application by the person so authorized. A form of oath shall be provided and shall be ad- THURSDAY, DECEMBER 16, 1937. ministered to the person seeking the home exemption. Said oath mav be administered and witnessed b, the Countv Tax Receiver: Tax Commissioner or any authoriz~d deputy o( either or any person authorized by law to administer oaths. The Countv Tax Receiver or Commissioner shall deliver to am interest~d person the forms herein prescribed. The applicant ;m1st answer all questions correctly to be entitled to an approval of said application. Sec. 4. The Tax Receiver or Commissioner shall receive all applications for homestead exemption and shall file and preserve the same. Said application shall be filed with said Tax Receiver or Commissioner as herein provided. Said applicant shall at the time said application is filed pay to the official receiving same a fee of One Dollar (Sl.OO) for the first application and a fee of Fifty Cents ($0.50) for each subsequent application provided there has been no change in the ownership of the property or the eligibility of the applicant. Said fees shall be retained by said Receiver or Commissioner, except in those counties in which the H.eceiver or Commissioner is paid a salary. Sec. S. The official receiving said application shall determine the eligibility of the applicant to claim the exemption provided for herein and, whether said application is approved or disapproved, he shall then transfer same to the County Board of Tax Assessors for final determination by said board as to eligibility and value as fixed in this :\ct. The applicant shall have the right of appeal to the Superior Court of the county in which the land lies from the decision of the Board of Assessors upon all questions of law or fact, provided the appeal is filed with the Clerk of the Superior Court within ten days from the receipt of written notice from said Board of the disapproval of or any change in the application. If, during the pendancy of any such appeal, taxes shall become due and payable, the applicant shall pay the amount claimed into a registry designated by said court, to be there held pending final determination of said appeal. Failure to pay said sum within the time fixed by the Court shall result in a dismissal of said appeal instanter. Sec. 6. It is hereby provided, however, that the property declared to be exempted under the terms of this Act, shall not be 438 JouRNAL OF THE SENATE, exempted from the payment of interest on or retiring bonded indebtedness as provided in the Constitution of Georgia. Sec. 7. As used in this Act homestead means real property owned by the applicant and who is in possession thereof and upon which said applicant resides and to which he or she has a right to said possession under bona fide claim of ownership. Sec. 8. That the word "Homestead" whenever used in this Act shall mean and is defined to be the following: (a) The actual permanent place of residence of a person who is the applicant and which constitutes the home of the family. (b) Where the person who is the applicant holds the bona fide fee title (although subject to mortgage or debt deed) or an estate for life. (c) Where the building is occupied primarily as a dwelling. (d) Where the children of deceased or incapacitated parents occupy the homestead of their said parents, and one of them stands in the relation of applicant, whether the estate is distributed or not. (e) Where a husband or wife occupy a dwelling and the title of the homestead is in the name of the wife. (f) In the event a dwelling house, classed as a homestead under the provisions of this Act, be destroyed by fire, flood, storm or other unavoidable accident, or be demolished or repaired so that the owner be compelled to temporarily reside in another place, it shall continue as a homestead for the period of one year after such occurrence. (g) In the event a person who is the applicant owns two or more dwelling houses, he shall be allowed the exemption granted bv this Act on onlY one; and onlv one homestead shall be allowed t~ one immediate family group.. (h) In all the classes above defined, the homestead exemption must be actually occupied as the permanent residence and place of abode by the person awarded the exemption, and such homestead shall be the legal residence and domicile of such pe'rson for all purposes whatsoever. THURSDAY, DECE:\1BER 16, 1937. -!39 Sec. 9. That the word" applicant" whenever used in this A.ct, shall mean and is defined to be the following: (a) A married person living with husband or wife. (b) A person who is unmarried but permanently maintains a home for the benefit of one or more persons who are morally or through relation to him or her dependent wholly or in part upon him or her for support. (c) A widow or widower having one or more children and maintaining a home occupied by them. (d) A divorced husband or wife living in a bona fide state of separation, and having legal custody of one or more of their children owns and maintaining a home for the said child or children. (e) A person who is unmarried, or who is a widow or widower, and who permanently maintains a home owned and occupied by himself or herself. Sec. 10. The value of the homestead as finally determined shall be credited with the exemption provided by law on the basis of the approved and assessed values fixed in each county in this State for the year 1937 (unless improved after January 1, 1937); to be returned for taxation as other real estate. The homestead value, exemption and difference, if any, to be shown on the owners tax return and the correctness thereof to be approved on said return as herein provided. Sec. 11. That if any person make any false or fraudulent claim for exemption under the provisions of this .-\ct, or make any false statement or false representation of a material fact in support of such claim; or any person who knowingly assists another in the preparation of any such false or fraudulent claim, or enters into any collusion with another by the execution of a fictitious deed, deed of trust, mortgage, or otherwise, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than One Thousand ($1,000.00) Dollars or be confined not more than twelve months upon the public works, or any other place provided for convicts, or be both fined and imprisoned in the discretion of the court. :\nd in addition, such property shall be taxed in an amount double the tax otherwise to be paid. 440 JouRNAL oF THE SENATE, Sec. 12. Re it further enacted that the homesteader as herein defined may likewise make application for homestead exemption to the municipalities on property claimed exempt within the municipalities from any municipal school tax. Said application shall be made to the person in said municipality receiving the returns of property for ad valorem taxes and the same procedure followed in applying for the home exemption to the counties as set out herein shall likewise apply to such municipalities which levy a school tax with the right of appeal by applicant as set out herein. Provided, however, at the time said application is filed the applicant shall pay to the official receiving same the fee of Fifty Cents ($0.50) for the first application and a fee of Twenty-five Cents ($0.25) for each subsequent application, provided there is no change in ownership or eligibility of the person claiming the property as exempt, which said fee shall be paid into the treasury of said municipality. Provided, however, that the homesteader must file his application for exemption of municipal school tax to the proper person by March 1st of each year and his failure to so tile by said date shall constitute a waiver of his right to claim homestead for said particular year. Sec. 13. Nothing in this Act shall affect, alter or impair the law relating to the assessment of property by municipalities, nor the collection of taxes by municipalities; nor the sale of property for taxes by municipalities; nor the collection of costs, fees and penalties by municipalities on non exempt property. Sec. 14. If any provision of this A.ct or any Section thereof is held invalid, the remainder of the Act and the application of such provision shall not be affected thereby. Sec. 15. All provisions of law in conflict with this Act are hereby repealed. House Amendments to House Substitute to Senate Bill No. 2. By Messrs. Coleman of Lowndes, Bennett of \Vare, Harrell of Brooks, Swindle of Berrien, and Parker of Colquitt: Move to amend the Committee Substitute for Senate Bill No. 2 by adding after the words "Tax Commissioner" in line 2 of Section 3 of said substitute the words "And Municipal Authorities." And move further to amend said substitute by adding after the word "re- THURSDAY, DECEMBER 16, 1937. 441 sides" in line 3 of Section 7, the words "and the land immediately surrounding said residence." And to add to the caption of said substitute the words "to provide a saving clause in this Act" immediately before the words" and for other purposes." By Mr. Rawlins of Ben Hill: Offers the following amendment to Section 4, line 6, committee substitute to Senate Bill No. 2 the figures on line 6 be amended to read 50 instead of $1.00; also that the figures on line 7 be eliminated entirely. By Mr. Sams of DeKalb: Moves to amend Section 5 of the committee's substitute for Senate Bill No. 2 by striking after the word "Value" in line five the words "As fixed in this Act" and substituting the following: "As provided by law." By Mr. Cohen of Chatham: Moves to amend committee substitute for Senate Bill No. 2, in Section 5, lines 6 and 7, by inserting after the words "Appeal to the" the following: "Board of Tax Appeals in the counties where such Board has been established, or" By further amending said Section 5, line 9, by inserting after the words" provided the appeal is filed with the," the following: "Board ofTax Appeals in the counties where such Board has been established, or" to amend the caption accordingly. By Messrs. Phillips and Palmour of Hall: Move to amend committee substitute to Senate Bill No. 2 by striking the period at the end of subsection (b) of Section 8 thereof inserting a comma in lieu of said period and adding the following "or holds under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the said contract." By Mr. Mundy of Polk: Moves to amend the substitute to Senate Bill No. 2, and Section 10 thereof, by striking that portion of Section 10 beginning in line 2 the following words and figures: "On a basis of the approved and assessed value fixed in each county in this State for the year 1937 (unless improved after January 1, 1937), to be returned for taxation as other real estate" and substituting in lieu thereof the following: It is the legislative intent that property subject to ad valorem taxation hereafter shall be valued and assessed for taxation substantiallv as heretofore taking into consideration changes, from time to l!2 JouRNAL oF THE SENATE, time, in the condition and value of such property at the time of the valuation and assessment thereof from vear to vear. 0 By :Messrs. Lanham of Floyd and Kendrick of Fulton: ~love to amend the committee substitute for Senate Bill No. 2, by ad- ding at the end of Section 12 the following proviso; Provided, further, however that the provisions of this section shall apply only to those municipalities that make a separate levy for School purposes. Bv Mr. Sutton of \\'ilkes: Moves to amend committee substitute for Senate Bill No.2 by striking Section 12 in its entirety. By Messrs. Bennett of \\'are, Harrell of Brooks, Swindle of Berrien, Parker of Colquitt, and Coleman of Lowndes: l\loves to amend the substitute to Senate Bill No.2 by striking the semicolon in line :1 in Section 13 and substituting in lieu thereof a con1ma. By Mr. \\'hippie of Bleckley: Moves to amend committee substitute to Senate Bill ~o. 2 by striking from the last line of Section 13 the words "on non exempt property." Bv Mr. Jones of Bartow: :Moves to amend the committee substit~te for. Senate Bill No. 2 by adding a new paragraph, to be appropriately numbered, to read as follows: Nothing herein contained shall be construed so as to prevent any municipality from levying and collecting taxes on the exempt property, for the operation of independent school systems. The Senate disagr'eed to the following House amendment to the House substitute for Senate Bill No. 2: Bv Messrs. Coleman of Lowndes, Bennett of \Vare, Harrell of Bro~ks, Swindle of Berrien, and Parker of Colquitt: Move to amend the committee substitute for Senate Bill No. 2 by adding after the words "Tax Commissioner" in line 2 of Section :3 of said substitute, the words" And Municipal Authorities." The Senate agreed to the remainder of the House amendments to the House substitute for Senate Bill No. 2. Senator Millican of the 52nd District asked unanimous consent that the Senate recede from its position of disagreement on the THURSDAY, DECEMBER 16, 1937. 443 House amendment to Section 3 of the House substitute as set out above and that the same be agreed to. The consent was granted and the amendment agreed to. The House substitute, as amended, for Senate Bill No. 2 was adopted. The following message was received from the House. through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Evans of McDuffie, Brown of Peach, Bond of Oconee, Scruggs of Washington, and Drinkard of Lincoln- House Resolution No. 83. A resolution to recess for adjournment of the General Assembly for the Christmas Holidays, and for other purposes. The following resolution of the House was read the first time and referred to the committee: B.y Messrs. Evans of McDuffie, Bond of Oconee, Brown of Peach, Scruggs of V\7ashington, and Drinkard of Lincoln- House Resolution No. 83. A resolution to recess for adjournment of the General Assembly for the Christmas Holidays, and for other purposes. Referred to Committee on Rules. The following privilege resolutions were read and adopted: By Senator Peterson of the 15th District- :\ resolution extending the privileges of the floor to Mrs. D. D. McGregor, a charming and distinguished citizen of Montgomerr County. By Senator Shannon of the 21st District- :\ resolution extending the privileges of the floor to Hon. S. G. Kitchens, Sheriff of Twiggs County. 444 JouRNAL OF THE SENATE, By Senator ~1illican of the 52nd District- A resolution extending the privileges of the floor to Hon. J. H. McGehee, prominent citizen of Talbotton, Georgia, and a former member of the Senate. The hour of adjournment having arrived, President Pro Tern. Terrell of the 19th District, presiding, announced that the Senate stood adj"ourned until tomorrow morning at 10:00 o'clock. FRIDAY, DECE:\1BER 17, 19:37. 445 SENATE CHAMBER, ATLANTA, GA., FRIDAY, DECL'viBER 17, 1937. The Senate met, pursuant to adjournment, at 10:00 o'clock _-\. ~I., 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 .-\lmand 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 l\lillican of the 52nd 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, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction and first reading of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. ;J. First reading and reference of House bills. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. The following resolution of the Senate was read and adopted without a dissenting vote: 146 JouRNAL oF THE SENATE, By Senator Lindsay of the 34th District- Senate Resolution No. 29. A RESOLUTION fl'hereas, in response to the petition of the Senate as set forth in Senate Resolution No.9, adopted December 1, 1937, Honorable Hugh Peterson, Representative in the United States Congress from the First Congressional District of Georgia, has provided members of the Senate with copies of official documents indicating his activities in behalf of our farmers, Therefore be it resolved by the Senate that we express to Honorable Hugh Peterson our appreciation of his cooperation in supplying our membership with this information, and we commend him for his efforts in Congress to secure legislative action which will offer relief to the farmers from their present deplorable condition. Be it further resolved that a copy of this resolution be mailed by the Secretary of the Senate to Congressman Hugh Peterson at his office in Washington, D. C. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Shedd of the 3rd District- Senate Bill No. 84. A bill to amend Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City of Baxley, to issue refunding bonds, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Lindsay of the 34th District- Senate Bill :N"o. 83. A bill to create a State :\viation Commission, and for other purposes. Referred to Committee on General Judiciary No.2. By Senators Purdom of the 46th District, :\tkinson of the 1st District, Lindsay of the 34th District, and Jackson of the 14th District- Senate Bill ~o. 85. A bill to repeal Section 27-2502 of the FRIDAY, DECEI\IBER 17, 1!1:37. 447 193:3 Code with reference to criminal procedure, and for other purposes. Referred to Committee on PenitentiarY. The following resolutions of the Senate were read and adopted: By Senators Johnson of the 42nd District, Allen of the 31st District, and Griner of the 45th District- Senate Resolution No. 30. A resolution providing that Congress of the United States be memorialized and petitioned to repeal the Federal statutes which now levy special taxes and licenses and other restrictions against the sale and use of food products made of cottonseed oil and peanut oil; that the Georgia delegation in Congress be urged to actively assist in bringing about the repeal of the said statutes and restrictions, and for other purposes. By Senator Pope of the 7th District- Senate Resolution No. 31. A resolution deploring the death of Hon. Lee Branch and Mrs. Branch of Quitman, Georgia and extending to the families of each the sincere condolences 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 have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 82. Do pass. Senate Bill No. 81. Do pass. House Bill No. 251. Do pass. House Bill No. 235. Do pass. 448 JouRNAL OF THE SENATE, House Bill No. 216. Do pass. House Bill No. 271. 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 Countv Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 259. Do pass, as amended. Respectfully submitted, JACKSON, Chairman. Senator Jackson of the 14th District, Chairman of the Committed on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and Countv Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 252. Do pass. House Bill No. 253. Do pass. 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 have had under consideration the FRIDAY, DECE'V!BER 17, 1937. 449 following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 59. Do pass, as amended. Respectfully submitted, ENNIS, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 61. Do pass, as amended. Respectfully submitted, AuLTMAN, 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 have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 74. Do pass, as amended. House Bill No. 47. Do pass. Respectfully submitted, CHASON, 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 have had under considera- 450 JOURNAL OF THE SENATE, tion the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 40. Do pass. Senate Bill No. 76. Do pass. Respectfully submitted, SuTTON, Chairman. Senator Peebles of the 18th District, Chairman of the Committee on ~Iunicipal Government, submitted the following report: .Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 205. Do pass, as amended. House Bill N"o. 200. J?o pass. House Bill No. 254. Do pass. House Bill No. 276. Do pass. 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 have had under consideration the following resolution of the House and have instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendation: House Resolution No. 83. Do pass, by substitute. Respectfully submitted, ATKINSON, Vice-Chairman. FRIDAY, DECEMBER 17, 1937. Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration thefollowing bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 209. Do pass. House Bill No. 211. Do pass. Respectfully submitted, ALLEN, Chairman. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: By Senator Millican of the 52nd District- Senate Bill No. 41. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, -and for other purposes. By Senator Shedd of the 3rd DistrictSenate Bill No. 46. :-\ bill to be entitled an Act to amend an Act which established the City Court of Jesup, and for other purposes. By Mr. McGraw of MeriwetherHause Bill No. 270. :-\ bill to be entitled an Act to reduce the bond of the Sheriff of Meriwether County, Georgia, from the amount of ten thousand dollars ($10,000.00) to five thousand dollars ($5,000.00), and for other purposes. By Mr. Oden of PierceHouse Bill No. 282. A bill to be entitled an ~--\ct to reduce the 452 JouRNAL OF THE SENATE, official bond of the Sheriff of Pierce County, Georgia, from $10,000 to $5,000, and for other purposes. By Messrs. Lanier, Harris, and Barrett of Richmond- House Bill No. 288. A bill to be entitled an Act to amend an A.ct granting a charter to the City of Augusta so as to provide for the permanent tenure of certain officers and employees, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 302. A bill to be entitled an Act to amend the charter of East Point, and for other purposes. By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 303. 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" in the County of Fulton, and for other purposes. By Mr. Morris of Douglas- House Bill No. 306. A bill to be entitled an Act to repeal an Act creating a Board of County Commissioners for the County of Douglas, approved, December 20, 1900, as amended by an Act approved July 30, 1903, and all Acts amendatory thereof, and for other purposes. The House has passed by the requisite constitutional majority as amended the following bill of the Senate, to-wit: By Senator Millican of the 52nd District- Senate Bill No. 40. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. The following message was received from the House through Joe Boone, the clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: FRIDAY, DECEMBER 17, 1937. 453 By Mr. Hogg of Marion- House Bill No. 316. A bill to be-entitled an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, and for other purposes. Senator Jackson of the 14th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time, and recommitted to the Committee on Municipal Government: By Mr. Whipple of Bleckley- House Bill No. 155. A bill to amend an Act creating a new charter for the Town of Cochran, so said city shall have power to sell property owned by it, and for other purposes. The consent was granted, the bill read the second time and recommitted. The following bills of the House, favorably reported bv the committees, were read the second time: By Mr. Moore of Lumpkin- House Bill No. 40. A bill to amend the 1933 Code relating to distribution of tax derived from gasoline, and for other purposes. By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 47. A bill to amend the sanitary laws in certain counties, and for other purposes. By Messrs. Thomas of Chattooga and Sutton of Wilkes- House Bill No. 59. A bill to amend an Act relating to cigar and cigarette taxes, and for other purposes. Bv :Mr. DeFoor of McintoshHouse Bill No. 61. A bill to amend the Code of 19:3:~ relating to marsh hens, and for other purposes. By Mr. Tapp of GwinnettHouse Bill No. 205. A bill to create a new charter for the City of Buford, and for other purposes. By :Mr. Clary of ColumbiaHouse Bill No. 209. A bill to reduce the bond of the Sheriff of Columbia County, and for other purposes. 454 JouRNAL oF THE SENATE, By Messrs. Kirbo and Simmons of Decatur- House Bill No. 211. A bill to reduce the bond of the Sheriff of Decatur County, and for other purposes. By Mr. Herndon of Hart- House Bill No. 216. A bill to amend the Act creating the office of Tax Commissioner of Hart County, and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 235. A bill to repeal an Act abolishing the County Court of Clinch County, and for other purposes. By Mr. Booth of Barrow- House Bill No. 251. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes. Bv Mr. Oden of Pierce- House Bill No. 252. A bill to repeal an Act abolishing the offices of Tax Collector and Tax Receiver of Pierce County, and for other purposes. By Mr. Oden of Pierce- House Bill No. 253. A bill to create the offices of Tax Receiver and Tax Collector for Pierce County, and for other purposes. By Messrs. Lanham, Keel, and Davis of Floyd- House Bill No. 254. A bill to amend the charter of the CitY of Rome, and for other purposes. . By Mr. Johnson of Chattahoochee- House Bill No. 271. A bill to amend an Act creating a new Board of County Commissioners for Chattahoochee County, and for other purposes. By Mr. Ennis of Baldwin- House Bill No. 276. A bill to amend an Act establishing a new charter for the City of Milledgeville, and for other purposes. FRIDAY, DECEMBER 17, 1937. 4;)5 By Mr. Whaley of Telfair- Hause Bill No. 259. A bill to abolish the offices of Tax Receiver and Tax Collector of Telfair County, and for other purposes. The following bills of the Senate, favorably reported by the committee, were read the second time: By Senator Chason of the 8th District- Senate Bill No. 74. A bill requiring all new drugs to be tested by the State Chemist before the medical value is approved, and for other purposes. By Senator Millican of the 52nd District- Senate Bill No. 76. A bill amending the Motor Fuel Tax Law, and for other purposes. By Senator Fowler of the 39th District- Senate Bill No. 81. A bill abolishing the County Commissioners of Douglas County, and for other purposes. By Senator Fowler of the 39th District- Senate Bill No. 82. A bill establishing a Board of Commissioners of Roads and Revenues for the County of Douglas, and for other purposes. The following resolution of the House, favorably reported by the committee, was taken up for consideration: By Messrs. Evans of McDuffie, Brown of Peach, Bond of Oconee, Scruggs of Washington, and Drinkard of Lincoln- House Resolution No. 83. A resolution providing for the General Assembly to recess during the Christmas holidays, and for other purposes. The Committee on Rules offered the following substitute for House Resolution No. 83: A RESOLUTION ff/hereas, there are many important measures pending before the General Assembly at the present time, and; 456 JouRNAL OF THE SENATE, Whereas, it is impossible for the House and Senate to give these measures the consideration to which they are entitled and reach a Sine Die adjournment before the Christmas holidays, and; tVhereas, the business of most of the members of the General Assembly demands their presence at home during the holidays. Therefore, be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of Georgia, now in extraordinary session convened, take a recess adjournment on \Vednesday, December 22, 1937, at one o'clock to last until January 3, 1938, at ten o'clock:\.. M., at which time both Houses shall be reconvened, and the extraordinary session shall continue, and the recess adjournment shall end. And be it further resolved that mileage allowance, and the per diem salary and all expenses of the members and attaches of both Houses be suspended during the period of recess adjournment, from December 22, 1937, to January:~, 1938. The committee substitute was adopted. The resolution, by substitute, was adopted. The following bills of the House were read the first time and referred to the committees: Bv Mr. McGraw of Meriwether- Hause Bill No. 270. A bill to reduce the official bond of the Sheriff of Meriwether, and for other purposes. Referred to Committee on Counties and Countv :\Iatters. BY Mr. Oden of Pierce- House Bill No. 282. :\ bill to reduce the official bond of the Sheriff of Pierce County, and for other purposes. Referred to Committee on Counties and Count, ,\latters. By Messrs. Lanier, Harris, and Barrett of Richmond-- House Bill No. 288. :\ bill to amend an Act creating a c~1arter for the City of Augusta, and for other purposes. Referred to Committee on l\lunicipal Government. FRIDAY, DECEMBER 17, 1937. 437 By .Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill ~o. 302. A bill to amend the charter of the Citv of East Point, and for other purposes. . Referred to Committee on Municipal Government. By Mrs. Mankin and Messrs. Kendrick and Hastings of FultonHouse Bill ~o. 303. A bill to amend an Act creating a new charter for the City of East Point, and for other purposes. Referred to Committee on Municipal Government. By Mr. Morris of Douglas- House Bill No. 306. A bill to repeal an Act creating a Board of County Commissioners of Douglas County, and for other purposes. Referred to Committee on Counties and County 1\Iatters. By :Mr. Hogg of ::\hrion- House Bill No. 316. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of 1\Iarion County, and for other purposes. Referred to Committee on Counties and County :\Iatters. The following local uncontested bills of the House were read the third time and put upon their passage: By Messrs. Mundy and Trippe of Polk- House Bill l\'o. 200. A bill to amend the Ci tv Charter of Cedartown by changing the manner in which it shall be determined which commissioners shall serve for two and four years, 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 33, the nays 0. The bill having received the requisite constitutional majority was passed. 458 JouRNAL oF THE SENATE, By Mr. Dollar of Grady- House Bill No. 236. A bill to repeal an Act of the General Assembly of the State of Georgia establishing a Board of Commissioners of Roads and Revenues for Grady 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. Dollar of Grady- House Bill No. 237. :\ bill to create a Board of Commis- sioners of Roads and Revenues for the Countv of Gradv, and for other purposes. . . The committee offered the following amendment to House Bill No. 237: To amend by striking the words "June General Election, 1941" from lines 12 and 13 of Section 1 and inserting in lieu thereof the following: "November General Election, 1940." To amend by striking the word" charged" in line 18 of Section 5 and inserting in lieu thereof the word" charge." To further amend by adding at the end of Section Five the following: "Said Chairman shall devote his en tire time to the affairs of the County or so much thereof as may be necessary to promptly and efficiently attend to his duties." 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 34, the nays 0. The bill having received the requisite constitutional majorit~ was passed, as amended. FRIDAY, DECEMBER 17, 1937. 459 The following bill of the Senate was read the third time and put upon its passage: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 52. A bill to create a State Board to be known as the State Board of Penal Administration, and for other purposes. Senator Patten of the 6th District offered the following amendment to Senate Bill No. 52: To amend Section 6 by striking in lines 2 and 3 the words: "the products bf which may be needed by the State" and substitute the following: "and manufacture products permitted by law." The amendment by Senator Patten of the 6th District was adopted. Senator Millican of the 52nd District offered the following amendment to Senate Bill No. 52: To amend Section 7, line 2 by adding after the word" prison" the words" or such other places and." The amendment by Senate Millican of the 52nd District was adopted. Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 52: To amend Section 9 by adding the following sentence at the end of Section 9: "The treasurer of said State Penal Administration shall give good and sufficient bond payable to the Governor of the State of Georgia and his successors in office in the sum of $50,000.00 conditioned upon such treasurer's faithful accounting for all money and property of the State coming into his hands." The amendment by Senator Lindsay of the 34th District was adopted. 460 JouRNAL OF THE SENATE, Senator McKenzie of the 48th District moved the prevwus question and the motion prevailed. Senator Harrell of the 12th District called for the ayes and the nays on the passage of Senate Bill No. 52 and the call was not sustained. 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 ;)4, the nays 8. The bill having received the requisite constitutional majority was passed, as amended. The following resolution of the Senate was read and adopted: By Senator Williams of the 5th District- Senate Resolution ~o. :~2. A resolution. The sympathy of the Senate to Hon. John\\'. Hammond, Secretary of the Senate, upon his illness and wishing for him a speedy recovery. Senator Shannon of the 21st District asked unanimous consent that the following bill of the House be withdrawn from the Committee on General Judiciary No.1, read the second time, and recommitted to the Committee on General Judiciary ~o. 2: By Mr. Larsen of Laurens- House Bill No. 15. A bill to amend an A.ct abolishing the fee system in the Superior Court of the Dublin Judicial Circuit, and for other purposes. The consent was granted, the bill read the second time and recommitted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following resolution of the House, to-wit: By Messrs. Evans of McDuffie, Brown of Peach, and others- House Resolution No. 83. :\ resolution to effect a recess for FRIDAY, DECEMBER 17, 1937. 461 adjournment of the General Assembly for Christmas, and for other purposes. Senate Bill No. 40 bv Senator Millican of the 52nd District, a bill to amend an Act ~stablishing a new charter for the City of Atlanta, was taken up for the purpose of considering the following House amendment thereto: By Mr. Kendrick of Fulton- To amend Senate Bill No. 40 as follows: By adding at the end of Section 2, the following: "Materials and supplies shall include such items as are normally used or consumed during the current year, and for which a general appropriation has been made and shall not include the purchase of automotive equipment, machinery, construction contracts, or other purchases of materials of a permanent or semi-permanent nature." The Senate disagreed to the House amendment to Senate Bill No. 40, and requested that a Committee of Conference be appointed by'the Speaker of the House to confer with a like committee from the Senate to be appointed by the President of the Senate. The President appointed as a Committee of Conference on the part of the Senate on Senate Bill No. 40, the following members, to-wit: Senators Millican of the 52nd District, Forrester of the 44th District, and Phillips of. the 29th District. Senator Purdom of the 46th District asked unanimous consent that Senate Bill No. 52 be immediately transmitted to the House and the consent was granted. The following privilege resolutions were read and adopted: By Senators Jackson of the 14th District and Harrell of the 12th District- 462 JouRNAL oF THE SENATE, A resolution congratulating Senator Walter Harrison upon his reelection as Mayor of the City of Millen, Georgia. By Senators Millican of the 52nd District and Forrester of the 44th District- A resolution extending the privileges of the floor to the charming wife and daughters of Senator Sutton of the 47th District. By Senator Burgin of the 24th District- A resolution extending the privileges of the floor to Hon. Burton Wight of Buena Vista, Georgia. By Senator Jackson of the 14th District- A resolution extending the privileges of the floor to Mrs. J. H. Ennis, charming wife of the Senator of the 20th District. By Senator Shannon of the 21st District- A resolution extending the privileges of the floor to Dr. J. A. Hembree, outstanding physician of Georgia. Senator Neely of the 36th District moved that the Senate do now adjourn until Monday morning at 10:00 o'clock. The motion prevailed. President Pro Tern. Terrell of the 19th District, presiding, announced that the Senate stood adjourned until Monday morning, December 20, 1937, at 10:00 o'clock. MoNDAY, DECEMBER 20, 1937. 463 SENATE CHAMBER, ATLANTA, GA., MoNDAY, DEcEMBER 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. Senator Holmes of the 22nd District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Jones of the 38th District, Vice-Chairman of the Committee on Journals, reported that the Journal of Friday, Decem her 17, 1937, 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 co1:1sen t was gran ted. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business of the day: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. ;J. First reading and reference of House bills. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was gran ted. JouRNAL OF THE SENATE, The following message was received from the House through Joe Boone, the Clerk thereof: .:J1r. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: Bv Messrs. Peters and McGraw of Meriwether~ House Bill No. 145. 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. By Mrs. Mankin and Messrs. Hastings and Kendrick of Ful- ton~ House Bill Ko. 227. :\ bill to be entitled an Act to grant to the proper authorities of Fulton County the right to make zoning laws, and for other purposes. By :\Jessrs. Dampier and Larsen of Laurens~ House Bill No. 290. A bill to be entitled an Act to repeal an .-\ct amending an Act creating the Board of County Commissioners of Laurens County, and for other purposes. By Messrs. Jones and Smith of Dodge~ House Bill No. 293. A bill to be entitled an Act to amend that certain Act of the General Assembly of Georgia approved August 19, 1912, entitled "An Act to create the office of Com_missioner of Roads and Revenues in and for Dodge County, and for other purposes. By Mr. Hamby of Rabun~ House Bill No. 295. A bill to be entitled-an Act to eliminate the November term of Rabun Superior Court, and for other purposes. By Mr. Hodges of Liberty~ House Bill No. 296. A bill to be entitled an Act to repeal an Act of the General Assembly of Georgia, Acts 1915) pages 293- MoNDAY, DECDIBER 20, 1937. 46;) 296 inclusive, entitled "An Act to abolish the office of County Treasurer of Liberty County," and for 'other purposes. By Messrs. Harris and Lanier of Richmond- House Bill No. 309. A bill to be entitled an Act to amend an Act to establish and create a municipal court in and for the City of Augusta, and for other purposes. By Mr. Zellner of Monroe- House Bill No. 313. .L\. bill to be entitled an Act to amend an Act entitled an :\ct to consolidate and to codify the various Acts incorporating the City of Forsyth, and for other purposes. By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 321. A bill to be entitled an Act providing for tenure for certain officers and employees of the County of Richmond, and for other purposes. By Mr. Morris of Douglas- House Bill No. 307. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Douglas, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the Senate Amendment to the following bill of the House, to-wit: By Messrs. Houston and Perry of Worth- House Bill No. 64. A bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes. The House request the appointment of a Committee of Conference on the part of the Senate. to confer with a like Committee on the part of the House on House Bill No. 64. The House has agreed to the Senate Amendments to the following bills of the House, to-wit: 466 JouRNAL OF THE SENATE, By Mr. Herndon of Hart~ House Bill No. 116. A bill to be entitled an Act to amend the Act incorporating the town of Hartwell, and for other purposes. By Messrs. Grayson, Cohen, and MeNall of Chatham- House Bill No. 120. A bill to be entitled an Act to amend the Acts of the Legislature effecting the Municipal Court of Savannah, and for other purposes. By Mr. Holt of Appling- House Bill No. 178. A bill to be entitled an Act amending an Act creating a Board of Commissioners for Appling County, and for other purposes. By Messrs. Carmichael and Welsch of Cobb- House Bill No. 187. A bill to be entitled an Act to grant the Commissioner of Cobb County authority to grant zoning ordinances, and for other purposes. 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 Countv Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 316. Do pass. Respectfully submitted, JAcKSON, 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 have had under consideration the following bill of the House and have instructed MoNDAY, DECEMBER 20, 1937. 467 me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 230. Do pass. 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 306. Do pass. House Bill No. 282. Do pass. House Bill No. 270. Do pass. Respectfully submitted, JACKSON, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 262. Do pass, as amended. House Bill No. 272. Do pass. Respectfully submitted, PEEBLES, Chairman. 468 JouRNAL 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 68. Do pass, as amended. Respectfully submitted, LINDSAY, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 80. Do pass. Respectfully submitted, PoPE, Chairman. Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 60. Do pass. Respectfully submitted, SHEDD, Chairman. MoNDAY, DECEMBER 20, 1937. 469 The following bills of the Senate, favorably reported b, the committees, were read the second time: By Senator Holmes of the 22nd District- Senate Bill No. 80. A bill amending the Constitution so as to authorize the City of Macon to make temporary loans, and for other purposes. By Senator Atkinson of the 1st District- Senate Bill No. 60. A bill granting to the United States certain ungranted and reverted lands in Chatham County, and for other purposes. The following bills of the House, favorably reported bv the committees were read the second time: By Mr. Welsch of Cobb- House Bill No. 68. A bill amending the Code Section with reference to the exercising of the right of eminent domain, and for other purposes. By Mr. Morris of Douglas- House Bill No. 306. A bill amending the Act creating the Board of County Commissioners of Douglas County, and for other purposes. By Messrs. Parker and Barlow of Colquitt- House Bill "N"o. 262. A bill amending the Act creating the charter for the City of l\Ioultrie, and for other purposes. Bv Mr. McGraw of Meriwether- House Bill No. 270. :\ bill reducing the bond of the SherifF of l\1eriwether County, and for other purposes. By Messrs. Cohen, Grayson, and l\IcNall of Chatham- House Bill No. 230. :\ bill amending the ~-\ct of incorporation of the Mayor and ~-\ldermen of the City of Savannah, and for other purposes. 470 JouRNAL OF THE SENATE, BY ~Iessrs. Coleman and Houze of Lowndes- House Bill No. 272. A bill amending the Act incorporating the City of Valdosta, and for other purposes. BY 1\lr. Oden of Pierce- House Bill ~o. 282. A bill reducing the bond of the Sheriff of Pierce County, and for other purposes. By J\1r. Hogg of Marion- House Bill No. 316. A bill amending the Act creating the Board of Commissioners of Roads and Revenues of Marion County, and for other purposes. The following bills of the Senate were read the third time and put upon their passage: BY Senator Williams of the 5th District- Senate Bill No. 70. A bill to amend the Highway Mileage :\ct by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. Bv Senator \Villiams of the 5th District- Senate Bill No. 72. A bill amending the Constitution so as to authorize certain schools in \Vare County to incur bonded indebtedness, and for other purposes. Senator Williams of the 5th District offered the following amendment to Senate Bill No. 72: To amend by adding a new section to be numbered Section 3 as follows: "Section :3. \Vhen said amendment has been ratified and proclamation has been issued by the Governor all laws and parts of laws in conflict herewith are repealed." MoNDAY, DEcEMBER 20, 19:37. 471 The amendment bv Senator Williams of the 5th District 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: Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Flynt Forrester Fowler Griner Hampton Hardman Harrison Holmes Horne Jackson Johnson Jones Kimbrough Lindsay McCutchen McKenzie Neely Patten Peebles Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams Verification of the roll call was dispensed with. The ayes were 44, the nays 0. The bill having received the requisite two-thirds constitutional majority was passed, as amended. Not voting were: Senators Allen of the 31st District, Ennis of the 20th District, Harrell of the 12th District, Knabb of the 4th District, Millican of the 52nd District, Moye of the 11th District, and Peterson of the 15th District. The bill, as amended, 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 trustees of the /172 JouRNAL OF THE SENATE, Pineview- fames town Consolidated School District of \Vare County, Georgia, to incur a bonded indebtedness in addition to that heretofore authorized bv the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of 1\larch 1, 1934, :\larch 1, 1935, March 1, 193G, March 1, 1937, and which becomes due up to and including March 1, 1951; 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 :\larch 1, 1951; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the Pineview-Jamestown Consolidated School District of Ware County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $25,000.00 for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on .!\larch 1, 1937, and any bonded indebtedness of said school district outstanding and which becomes due up to and including March 1, 1951, 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 said Pineview-}amestown Consolidated School District of Ware County to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of March 1, 1951. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Pineview-Jamestown Consolidated School District and shall be validated." Sec. 2. When said amendment is agreed to by two-thirds vote of the members of each House, with the "Ayes" and "Nays" thereon, it shall be published in one or more newspapers in each MoNDAY, DECEMBER 20, 1937. 473 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 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 Pineview-}amestown Consolidated School District of Ware County to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Pineview-Jamestown Consolidated School District of Ware County to issue refunding bonds," 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 part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation thereof, as provided by law. Sec. 3. \\'hen said amendment has been ratified and proclamation has been issued by the Governor all laws and parts of laws in conflict herewith are repealed. By Senator Williams of the 5th District- Senate Bill No. 75. A BILL To be entitled an A.ct 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 Town of Willacoochee 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 1st, 1939, and which becomes due up to and including July 1st, 1941; to provide that the funds raised from such additional bonded in- 17cl JouRNAL OF THE SENATE, debtedness shall be used exclusively for the retirement of said bonded indebtedness that is, or may become due and unpaid as of January 1st, 1939, and/or July 1st, 1941; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the Town of Willacoochee 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 1st, 1939, and any bonded indebtedness of said city outstanding and which may become due up to and including July 1st, 1941, 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 Town of Willacoochee 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 1st, 1939, and/or July 1st, 1941; and provided further, that such indebtedness shall not be incurred except with the assent of twothirds of the qualified voters of said Town of Willacoochee 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 Town of Willacoochee. 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 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 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 MoNDAY, DEcEMBER 20, 1937. 475 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 Town of Willacoochee to issue refunding bonds," 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 Town of Willacoochee to issue refunding bonds," and if a majority of the electors qualified to 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 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws and parts of laws in conflict herewith are ~ereby 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 Forrester Fowler Griner Hampton Hardman Harrison Holmes Home Jackson Johnson Jones Kimbrough Lindsay McCutchen McKenzie Moye Neely Patten Peebles Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams Verification of the roll call was dispensed with. 476 JouRNAL oF THE SENATE, The ayes were 45, the nays 0. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Ennis of the 20th District, Flynt of the 26th District, Harrell of the 12th District, Millican of the 52nd District, and Peterson of the 15th District. By Senator Millican of the 52nd District- Senate Bill No. 53. A bill amending Code Sections 92-4909 and 92-4910 with reference to weekly settlements of tax collectors 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Millican of the 52nd District- Senate Bill No. 68. A bill amending the Act providing a pension law in cities having a population of 150,000, 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 33, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator McCutchen of the 43rd District- Senate Bill No. 69. A bill authorizing and directing the State Librarian to furnish certain books to the University of Georgia School of Law, and for other purposes. The report 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. MoNDAY, DEcEMBER 20, 1937. 477 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 Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 47. A bill to amend the sanitarv laws in cer- tain counties, and for other purposes. . The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Candler, Sams, and Turner of DeKalb- House Bill No. 128. A bill to amend an Act creating a new charter for the City of Decatur, and for other purposes. The report 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 0. The bill having received the requisite constitutional majority was passed. By Mr. Thomas of Chattooga- House Bill No. 156. A bill to reduce the official bond of the Sheriff of Chattooga 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 havipg received the requisite constitutional majority was passed. By Mr. Tapp of Gwinnett- House Bill No. 205. A bill creating a new charter for the City of Buford, and for other purposes. 478 JouRNAL oF THE SENATE, Senator Sammon of the 51st District offered the following amendment to House Bill No. 205: To amend Section No. 142, thereof, as follows: By adding at the end of said section, and to be a part thereof, the following: "Be it further provided, that all the provisions of this Act, pertaining to the extension and boundaries of the corporate limits of the City of Buford, shall become effective immediatelY upon the passag~ of this bill, and its approval by the Governor;' so that said section No. 142, when so amended, shall read as follows: Section 142. Be it further enacted by the authority aforesaid, that this charter shall become effective on the first Monday in January, 1939, except that the provision thereof as to registration, elections and certain matters and things therein, required to be done prior to that date, shall become effective at once; and it shall be the duty of the present city officials to put said provisions into effect and provide for the election herein provided for during their term of office. The officers whose terms expire on the first Monday in January, 1939, shall account to and settle with the officers elected under this charter as their successors. Be it further provided, that all the provisions of this Act, pertaining to the extension and boundaries of the corporate limits of the City of Buford, shall become effective immediately upon the passage of this bill, and its approval by the Governor. The amendment by Senator Sammon of the 51st District 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 Mr. Clary of Columbia- House Bill No. 209. A bill reducing the bond of the Sheriff of Columbia County, and for other purposes. MoNDAY, DECEMBER 20, 1937. /179 The report of the committee, which was favorable to the pass.age 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. Kirbo and Simmons of Decatur- House Bill No. 211. A bill reducing the bond of the Sheriff of Decatur 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 1. The bill having received the requisite constitutional majority was passed. By Mr. Herndon of Hart- House Bill No. 216. A bill amending the Act creating the office of Tax Commissioner of Hart County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott, Smith, and Leonard of Muscogee- House Bill No. 220. A bill amending the Act amending the charter of the City of Columbus with reference to general 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. 480 JouRNAL OF THE SENATE, By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 222. A bill amending the :\ct changing the name of the City of Manchester to the name of College Park, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Musgrove of Clinch- House Bill No. 235. A bill abolishing the County Court of Clinch County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Booth of Barrow- House Bill No. 251. A bill amending the Act creating a Board of Commissioners of Roads and Revenues for Barrow County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, the nays 1. The bill having received the requisite constitutional majority was passed. By Mr. Oden of Pierce- House Bill No. 252. A bill amending the Act with reference to the Tax Receiver and Tax Collector of Pierce County, and for other purposes. MoNDAY, DECDIBER 20, 1937. -!81 The report 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. Harrell of Brooks- House Bill No. 231. A bill amending the charter of the City of Quitman with reference to 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 27, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Oden of Pierce- House Bill No. 253. A bill creating the offices of Tax Receiver and Tax Collector of Pierce County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, the nays 1. The bill having received the requisite constitutional majority was passed. By Messrs. Lanham, Keel, and Davis of Floyd- House Bill No. 254. A bill to amend the charter of the Citv of Rome, and for other purposes. . The report 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. 482 JouRNAL OF THE SENATE, By Mr. Whaley of Telfair- Hause Bill No. 259. A bill to abolish the offices of Tax Receiver and Tax Collector of Telfair County, and for other purposes. The committee moved to amend House Bill No. 259 by adding to the caption thereof the language "To provide a referendum" and by adding to said bill a new section to read as follows: "The Ordinary of Telfair County shall call a special election within thirty days after the approval of this Act, at which said special election the qualified voters of Telfair County shall vote for the approval or disapproval of this Act. There shall be printed on the ballots 'For Tax Commissioner' and 'Against Tax Commissioner.' If a majority of those voting in said election vote 'For Tax Commissioner' this Act shall become effective. Should a majority of those voting in said election vote 'Against Tax Commissioner' then this Act shall have no force or effect. The Ordinary of Telfair County shall consolidate the vote and announce the results, which shall determine the effectiveness of this Act." The ordinary of said county shall advertise in the newspapers published in said county notice at least once for two weeks of the time holding said election, which election except as herein provided shall be held under the law governing the election of other county officers. The expenses of calling and holding said election shall be paid for by the said County of Telfair on warrant issued for such purpose by the Commissioner of Roads and Revenues. Provided further should said election for any reason fail to be held within said time then it shall be the duty of the ordinary of said county to order such to be thereafter held on at least two weeks advertisement in such newspapers of the time of holding same. 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. MoNDAY, DEcEMBER 20, 1937. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Ennis of Baldwin- House Bill No. 276. A bill to amend the Act establishing a new charter for the City of Milledgeville, and for other purposes. The report 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 0. The bill having received the requisite constitutional majority was passed. By Mr. DeFoor of Mcintosh- House Bill No. 61. A bill to be entitled an Act to amend Section 45-308 of the Georgia Code of 1933, relating to marsh hens, and for other purposes. The Committee on Game and Fish offered the following amendment to House Bill No. 61: To amend by adding after the figures 5,768 in the 6th line of the caption and in the next to last line of Section 1 after figures 5,768 the following: "or having a population of over 10,000 inhabitants." 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 35, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The Speaker has appointed as a Committee of Conference on 484 JouRNAL oF THE SENATE, the part of the House to confer with a like committee on the part of the Senate on the following bill of the House, to-wit: BY. :Messrs. PerrY. and Houston of \YorthHouse Bill No. 64. A bill to be entitled an .\ct to amend an Act entitled an Act to create a new charter for the Cit~ of Sylvester, and for other purposes. l\Iessrs. Perry and Houston of \Yorth and Grayson of Chatham. The following message was received from the House through Joe Boone, the Clerk thereof: A1r. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By l\Iessrs. Kirbo and Simmons of Decatur- House Bill 1\'"o. 324. A bill to be entitled an Act to amend .\cts amending an .\ct establishing the Cit~ Court of Bainbridge, in the County of Decatur, and for other purposes. The following General Bill of the House was read the third time and put upon its passage: By Messrs. Thomas of Chattooga and Sutton of Wilkes- House Bill ::\fo. :>9. .\ bill to amend an .\ct relating to cigars and cigarettes, and for other purposes. The Committee of the Senate on Finance offered the following amendment to House Bill No. 59: To amend by striking from the caption thereof the following language," to provide that the discount allowed on the purchase of stamps be, and the same is amended by striking certain provisions thereof." To further amend by striking therefrom Section 3(a) in its entiretY. The committee amendments were adopted. MoNDAY, DEcEMBER 20, 1937. 485 Senator Thrasher of the 27th District offered the following amendment to House Bill )Jo. 59: To amend Section "D," subsection "r," page 3, line 60 by striking the word" through" and inserting in lieu thereof the word "into." The amendment b, Senator Thrasher of the 27th District was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 42, the navs 0. The bill having received the requisite constitutional majority was passed, as amended. Senator Griner of the 45th District asked unanimous consent that House Bill No. 259 be immediately transmitted to the House and the consent was granted. The following bill of the Senate was read the third time and put upon its passage: By Senators Purdom of the 46th District and Lindsay of the :34th District- Senate Bill No. 49. :\ bill to change the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission, and for other purposes. Senator Atkinson of the 1st District asked unanimous consent that the Senate remain in session until consideration of Senate Bill ?\To. 49 be completed at which time the Senate recess for ly~ hours to reconvene for an afternoon session. The consent was granted. Senators Purdom of the 46th District and Lindsav of the 34th Bill District offered the following amendment to Senate No. 49: To amend Senate Bill No. 49 and Section 4 thereof by striking the words "of a majority" as appears on the second and third lines of said section and by adding between the words "the" and 486 JouRNAL OF THE SENATE, "approval" in the second line of said section the word "unanimous" so that said section, as amended, will read as follows: Section 4. Any Act of the State Prison and Parole Commission, in order to be effective must have the unanimous approval of the said State Prison and Parole Commission. The amendment was adopted. Senators Purdom of the 46th District and Lindsay of the 34th District offered the following amendment to Senate Bill No. 49: To amend Senate Bill No. 49 by striking Section 3 and substituting the following section in lieu thereof: "Section 3. That from and after the effective date of this Act the State Prison and Parole Commission is hereby vested with the power and duty to initiate and consider at least once annually without waiting for any application to be filed, the case of each person committed to serve a term in any of the penal institutions of this State and under such conditions as it seems proper, the said Commission may order parole in any such case, providing that no person shall be released on parole until the said Commission has a reasonable assurance after consideration of all the facts and circumstances, including the prisoner's mental and social attitude, that he will not become a menace to society or to the public safety. It shall be the duty of said Commission and it is so authorized and empowered to make rules and regulations relating to filing of petitions for conditional pardon and investigate and make recommendations to the governor regarding any such petition, provided further it shall be the duty of said Commission to provide adequate supervision for all parolees and probationers in this State, also all persons released on condi tiona! pardon and placed by the Governor under the supervision of the said Commission." Senator Pope of the 7th District offered the following amend- ment to Senators Purdom's and Lindsay's amendment to Senate Bill No. 49: . To amend Senate Bill No. 49 by adding to the amendment after the comma in line 8 of said amendment the words "by and with the approval of the Governor" . The amendment was adopted. MoNDAY, DEcEMBER 20, 1937. 487 Senator Thrasher of the 27th District offered the following amendment to Senate Bill No. 49: By striking in Section 3, the following words in line 7 "and other personnel of County Camps," The amendment was adopted. Senators Purdom of the 46th District and Lindsay of the 34th District offered the following amendment to Senate Bill No. 49: To amend Senate Bill No. 49, Section 2 thereof, by striking the period at the end of said section and adding the following words thereto "by the Senate." The amendment was adopted. Senators Purdom of the 46th District and Lindsav of the 34th District offered the following amendment to Senat~ Bill No. 49: To amend Senate Bill No. 49, Section 2, by striking the word "excessors" on the fourth line, and insert in lieu thereof the word "successors." The amendment was adopted. Senator Almand of the 50th District offered the following amendment to Senate Bill No. 49: To amend Senate Bill No. 49, Section 2, by striking from said section after the word "Georgia" in line 10 of the printed copy the following words: "and at the expiration of the term of office of each present member thev are herebv named to succeed themselves in said Prison and Parole Com~ission and for a term of five (5) years each respectively;" To include the committee amendment adopted to this portion of Section 2 of the bill. The amendment was adopted. The committee offered the following amendments to Senate Bill No. 49: 488 JouRNAL OF THE SENATE, (1) To amend Section 2 by striking the word "compromise" on line 5 and insert in lieu thereof the word "comprise." (2) To amend Section 2 by striking the words and figures "five (5)" on the lines 12 and 15 and insert in lieu thereof " SI.X (6) " (3) To amend Section 7 by striking the word "Prison" on the third line and insert in lieu thereof the word "penal." The amendment was adopted. Senator Shannon of the 21st District moved the previous question on Senate Bill No. 49 and the motion prevailed. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 30, the nays 7. The bill having received the requisite constitutional majority was passed, as amended. The President announced that the Senate stood recessed until 3:15 o'clock P. M., today. The hour of :3:15 o'clock P. M., having arrived the President called the Senate to order. House Bill No. 64, a local bill amending the charter of the City of Sylvester, was taken up for the purpose of considering the House's disagreement to the Senate amendment thereto. The Senate insisted upon its position on House Bill No.()-! and requested that a Conference Committee be appointed to confer with a similar committee from the House. The President named as a Committee of Conference on the part of the Senate on House Bill No. ().t the following: Senators Horne of the lOth District, Pope of the 7th District, and ~1cKenzie of the 48th District. MoNDAY, DEcEMBER 20, 1937. 489 The following message was received from the House through Joe Boone, the Clerk thereof: Afr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: BY l\Iessrs. Parker of Colquitt, Preston of Bullock, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill ~o. 26. A bill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By ~Ir. Key of Jasper- House Bill No. 287. A bill to be entitled an Act to amend an Act entitled General Appropriations-Two Years ending June 30, 1939 approved March 30, 1937 so as to provide for current and past due Legislative Expenses, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: lvfr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: By Mrs. Coxon of Long and Messrs. Key of Jasper and Grayson of Chatham- House Bill No. 38. A bill to be entitled an Act to amend the General Appropriations Bill passed at the session of 1937 for the purpose of clarifying the appropriations for old age assistance, and for other purposes. 490 JouRNAL oF THE SENATE, By Mrs. Coxon of Long and Messrs. Phillips of Hall and Grayson of Chatham- House Bill No. 114. A bill to be entitled an Act to amend Section 92-3701 of the 1933 Code of Georgia being the Section of the Code providing the purposes for which county taxes may be levied, and for other purposes. By Senator Pruett of the 32nd District- Senate Bill No. 7. .\ bill to be entitled an Act to amend Section 78-204 of the 1933 Code of Georgia defining widows of veterans who are entitled to pensions in this State by amending the said Section so that such widows as were married to such veterans prior to the first day of January, 1920, shall be entitled to a pension, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Mr. Pound of Hancock- House Bill ~o. 322. A bill to be entitled an Act to authorize the governing authorities of each of the counties that employs an agricultural agent and/or home demonstration agent to levy a tax for the purpose of paying said county agricultural and/or home demonstration agents, and for other purposes. Senator Atkinson of the 1st District asked unanimous consent that the Secretary of the Senate be instructed and authorized to have 250 copies of House Bill No. 26 printed for the use of the members of the Senate. The consent was granted. The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senator Allen of the 31st District- Senate Bill No. 86. A bill authorizing the city authorities of the City of Toccoa to enact zoning laws, and for other purposes. Referred to Committee on Municipal Government. MoNDAY, DEcEMBER 20, 1937. 491 The following bill of the Senate was read the third time: By Senator Pope of the 7th District- Senate Bill No. 51. A bill to amend the Act creating the Board of Photographic Examiners, and for other purposes. Senator Thrasher of the 27th District moved that Senate Bill No. 51 be tabled. The motion was lost. Senator Sammon of the 51st District moved that further consideration of Senate Bill No. 51 be indefinitely postponed. The motion was lost. Senator Almand of the 50th District moved that further consideration of Senate Bill No. 51 be postponed until Wednesday, December 22, 1937. The motion was lost. Senator Thrasher of the 27th District moved that further consideration of Senate Bill No. 51 be indefinitely postponed. The President ruled the motion by Senator Thrasher of the 27th District to indefinitely postpone further consideration of Senate Bill No. 51 out of order due to fact that one motion to indefinitely postpone the same matter had been voted down. Senator Millican of the 52nd District moved that further consideration of Senate Bill No. 51 be postponed until Tuesday, January 11, 1938. The motion by Senator Millican prevailed. The following bills of the Senate and House were read the third time and put upon their passage: By Senator Millican of the 52nd DistrictSenate Bill No. 43. A bill to repeal an Act approved March 15, 1935, Acts 1935, page 151, setting up the "jury commissioners" system, prescribing their duties, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 492 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 Lumpkin- House Bill No. 40. A bill to amend Section 92-1410 of the 1933 Code relating to distribution of tax derived from gasoline, and for other purposes. The report 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 Purdom of the 46th District asked unanimous consent that House Bill No. 40 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 Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 26. A bill to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes. Referred to Committee on Finance. By Messrs. Peters and McGraw of Meriwether- Hause Bill No. 145. A bill requiring candidates to designate their opponents in Meriwether County, and for other purposes. Referred to Committee on Privileges and Elections. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 227. A bill granting to the proper authorities of Fulton County the right to make zoning laws, and for other purposes. Referred to Committee on Counties and Count;' :Vlatters. MoNDAY, DECDfBER 20, 1937. -!93 By Messrs. Dampier and Larsen of LaurensHouse Bill No. 290. A bill repealing the Act creating the Board of Countv Commissioners of Laurens County, and for other purposes. . Referred to Committee on Counties and County Matters. By Messrs. Jones and Smith of DodgeHouse Bill No. 293. A bill amending the Act creating the office of Commissioner of Roads and Revenues of Dodge County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Hamby of RabunHouse Bill No. 295. A bill to eliminate the November term of the Rabun Superior Court, and for other purposes. Referred to Committee on General Judiciary No. 1. By Mr. Hodges of Liberty- House Bill No. 296. A bill amending the Act abolishing the County Treasurer of Liberty County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Key of JasperHouse Bill No. 287. A bill amending the General Appropria- tion Act, and for other purposes. Referred to Committee on Appropriations. By Mr. Morris of DouglasHouse Bill No. 307. A bill creating a Board of Commissioners of Roads and Revenues of Douglas County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Harris and Lanier of RichmondHouse Bill No. 309. A bill amending the Act creating the municipal court for the City of Augusta, and for other purposes. Referred to Committee on Municipal Government. 491 JouRNAL OF THE SENATE, By Mrs. Coxon of Long and Messrs. Key of Jasper and Grayson of Chatham- House Bill No. 38. A bill to amend the 1937 Appropriations Bill for the purpose of clarifying the appropriations for old age assistance, and for other purposes. Referred to Committee on Appropriations. By :Mrs. Coxon of Long, and Messrs. Phillips of Hall and Grayson of Chatham- House Bill No. 114. A bill to amend Section 92-3701 of the 1933 Code providing the purposes for which county taxes may be levied, and for other purposes. Referred to Committee on Counties and County Matters. By :\Ir. Zellner of Monroe- House Bill No. 313. A bill to amend an Act incorporating the City of Forsyth, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 321. A bill providing for tenure for certain officers and employees of Richmond County, and for other purposes. Referred to Committee on Counties and County Matters. By :Mr. Pound of Hancock- House Bill No. 322. A bill authorizing the levy of taxes for the purpose of paying county agricultural and/or home demonstration agents, and for other purposes. Referred to Committee on Counties and County Matters. Bv Messrs. Kirbo and Simmons of Decatur- House Bill No. 324. A bill to amend the Act establishing the City Court of Bainbridge, and for other purposes. Referred to Committee on Counties and County Matters. MoNDAY, DECEMBER 20, 1937. 495 The Senate stood recessed subject to the call of the Chair. The Senate was called to order by the President. Senator McCutchen of the 43rd District asked unanimous consent that Senate Bill No. 69 be immediately transmitted to the House and the consent was granted. 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. C. A. Holmes, Jr., son of the distinguished Senator of the 22nd District. By Senators Terrell of the 19th District and Phillips of the 29th District- A resolution extending the privileges of the floor to Hon. L. P. LeSuer, distinguished citizen of Glascock County. By Senator Jackson of the 14th District- A resolution extending the privileges of the floor to Hon. Charlie Bowden, Mayor of the City of Macon. A resolution extending the privileges of the floor to Hon. Watson Floyd, Clerk of Superior Court of Bleckley County. Senator Lindsay of the 34th District moved that the Senate do now adjourn and the motion prevailed. Senator Patten of the 6th District, presiding, announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. 496 JouRNAL OF THE SENATE, SENATE CHA:>-1BER, ATU.NTA, GA., TuESDAY, DECD1BER 21, 1937. The Senate met, pursuant to adjournment, at 10:00 o'clock :\.. ~I., this day and was called to order by the President. Prayer was offered by Reverend Joseph M. Branch, Chaplain of the House of Representatives. Senator :\lcKenzie of the 48th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator ~-\lmand 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 Thrasher of the 27th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was gran ted. Senator ~-\tkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business todaY: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. J. First reading and reference of House Bills. 6. Putting on passage general 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: TUESDAY, DECEMBER 21, 1937. 497 By Senator Shannon of the 21st District- Senate Bill No. 87. A bill amending Section 69-101 of the Code of 1933, and for other purposes. Referred to Committee on General Judiciary ::-.Jo. 2. By Senator Thrasher of the 27th District- Senate Bill No. 88. A bill to prohibit members of the General _-\ssembly from holding other State employment, appointment or office; to provide a penalty; and for other purposes. Referred to Committee on State of Republic. BY Senator Patten of the 6th District- Senate Bill No. 89. A bill to amend the Constitution bv creating a new Senatorial District to be composed of the counties of Lanier, Lowndes and Echols, and for other purposes. Referred to Committee on Amendments to Constitution. Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: _'vfr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 303. Do pass. House Bill No. 302. Do pass. Senate Bill No. 86. Do pass. House Bill No. 288. Do pass. Respectfully submitted, PEEBLEs, Chairman. Senator Purdom of the 46th District, Vice-Chairman of the Committee on Appropriations, submitted the following report: :Mr. President: Your Committee on Appropriations have had under considera- 498 JouRNAL OF THE SENATE, tion the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 287. Do pass, as amended. Respectfully submitted, PuRDOM, Vice-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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 54. Do not pass. 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 l\Iatters have had under consideration the following bills of the" House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 307. Do pass. House Bill No. 227. Do pass. House Bill No. 322., Do pass. House Bill No. 293. Do pass. House Bill ~o. 324. Do pass. Respectfully submitted, JAcKSON, Chairman. TUESDAY, DECEMBER 21, 1937. 499 The following message was received from the House through Joe Boone, the Clerk thereof: J/fr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: By Senator Moye of the 11th District-- Senate Bill ~o. 48. A bill to be entitled an :\ct to amend the charter of the City of Shellman, in Randolph County, and for other purposes. By Mr. Claxton of Camden- House Bill No. 72. A bill to be entitled an .-\ct to empower the governing authorities of all counties having a population of less than 6,33;) and more than 72.4 miles of highway on the State Highway System, to increase the compensation of sheriffs, and for other purposes. By 1\Iessrs. Harris and Lanier of Richmond- House Bill No. 107. A bill to be entitled an Act to amend an ~-\ct of the General Assembly of Georgia, approved March 30, 1937, and set out at length in the printed Acts of the General ~\ssembly for the year 1937, which Act to be amended provides for the appointment of an Assistant Solicitor General, and for other purposes. By Mr. Holt of Appling- House Bill No. 193. A bill to be entitled an Act to amend an Act entitled" An Act to amend the Act dividing the Brunswick Circuit and creating the new Waycross Judicial Circuit," and for other purposes. By Mr. Dugas of White- House Bill No. 19S. ~\bill to be entitled an Act to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population according to the United States Census of 1930, and for other purposes. 500 JouRNAL OF THE SENATE, By Mr. Reid of Wilcox- House Bill No. 215. A bill to be entitled an Act to provide for the holding of the Superior Court of Wilcox County, Georgia, in each year, and for other purposes. By Mr. Rawlins of Ben Hill- House Bill No. 256. A bill to be entitled an A~t to amend the Act approved March 31, 1937 (Georgia Laws, 1937), which deals with the manner of selecting members of the County Board of Education in certain designated counties, and for other purposes. By Messrs. Harris and Lanier of Richmond- House Bill No. 289. A bill to be entitled an A.ct to authorize any county having a certain population to set up zoning and planning laws, and for other purposes. By Mr. Key of Jasper- House Bill No. 308. A bill to be entitled an Act to prohibit the Division of Wild Life of the Department of Natural Resources from licensing the use of game or bird traps in the County of Jasper, and for other purposes. By Mr. Allison of Gwinnett- House Bill No. 323. A bill to be entitled an Act to authorize the City of Lawrenceville to enact zoning ordinances, and for other purposes. By Mr. Ragan of Pulaski- House Bill No. 325. A bill to be entitled an :\ct to amend the charter of the City of Hawkinsville, Georgia, approved December 18, 1902, and Acts amendatory thereof, and for other purposes. By Mr. Ragan of Pulaski- House Bill No. 326. A bill to be entitled an Act to amend an Act creating the charter of the City of Hawkinsville, Georgia, approved December 18, 1902, and Acts amendatory thereof, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 329. A bill to be entitled an Act repealing an TuESDAY, DECDIBER 21, 1937. 501 Act to provide for the holding of two additional terms of the Superior Court of Bryan County, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 330. A bill to be entitled an Act creating and establishing the City Court of Pembroke, in and for the County of Bryan, and for other purposes. By Messrs. Smith and Jones of Dodge- House Bill No. 338. A bill to be entitled an Act to amend the charter of the City of Eastman, so as to authorize zoning ordinances, and for other purposes. The House has agreed to the Senate amendments to the following bill of the House, to-wit: By Mr. Dollar of Grady- House Bill No. 237. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Grady, and for other purposes. The House has disagreed to all of the Senate amendments to the following bill of the House, to-wit: By Mr. Gross of Stephens- House Bill No. 3. A bill to be entitled an Act to amend Section 68-211 of the Code of 1933 providing for annual fees on motor vehicles, etc., and for other purposes. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senator Allen of the 31st District- Senate Bill No. 86. A bill authorizing the City of Toccoa to enact zoning laws, and for other purposes. The following bills of the House, favorably reported b, the committees, were read the second time: By Mr. Key of JasperHouse Bill No. 287. A bill amending the General Appropria- tions Act, and for other purposes. 502 JouRNAL oF THE SENATE, By Messrs. Lanier, Harris, and Barrett of Richmond- House Bill No. 288. A bill to amend the Act granting a charter to the City of Augusta with reference to tenure of certain officers, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 302. A bill amending the charter of East Point, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 303. A bill amending the Act creating a new charter for the City of East Point, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 227. A bill granting to the proper authorities of Fulton County the right to make zoning laws, and for other purposes. By :Messrs. Jones and Smith of Dodge- House Bill No. 293. A bill amending the Act creating the office of Commissioner of Roads and Revenues of Dodge County, and for other purposes. By Mr. Morris of Douglas- House Bill No. 307. A bill creating a Board of Commissioners of Roads and Revenues of Douglas County, and for other purposes. By Mr. Pound of Hancock- House Bill No. 322. A bill authorizing the levy of taxes for the purpose of paying county agricultural and/or home demonstration agents, and for other purposes. By Messrs. Kirbo and Simmons of Decatur- House Bill No. 324. A bill to amend the Act establishing the City Court of Bainbridge, and for other purposes. By unanimous consent the following bills of the House were withdrawn from the committees, read the second time, and recommitted: TuESDAY, DEcEMBER 21, 1937. 503 By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 26. A bill to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes. Recommitt~d to Committee on Finance. By Mrs. Coxon of Long, and Messrs. Key of Jasper and Grayson of Chatham- House Bill No. 38. A bill to amend the 1937 Appropriations Bill for the purpose of clarifying the appropriations for old age assistance, and for other purposes. Recommitted to Committee on Appropriations. By Mrs. Coxon of Long, and Messrs. Phillips of Hall and Grayson of Chatham- House Bill No. 114. A bill to amend Code Section 92-3701 of the 1933 Code providing the purposes for which county taxes may be levied, and for other purposes. Recommitted to Committee on Counties and County Matters. By Mr. Hamby of Rabun- House Bill No. 295. A bill to eliminate the November term of the Rabun Superior Court, and for other purposes. Recommitted to Committee on General Judiciary No. 1. By Messrs. Harris and Lanier of Richmond- House Bill No. 309. A bill amending the Act creating the Municipal Court for the City of Augusta, and for other purposes. Recommitted to Committee on Municipal Government. By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 321. A bill providing for tenure for certain officers and employees of Richmond County, and for other purposes. Recommitted to Committee on Counties and County Matters. JouRNAL oF THE SENATE, The following. bills of the House were read the third time and put upon their passage: By :\lessrs. Cohen, Grayson, and Mc~all of Chatham- House Bill No. 230. A bill to amend the Act with reference to the incorporation of the Mayor and Aldermen of the City 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 36, the nays 0. The bill having received the requisite constitutional majority was passed. B~ :\lessrs. Parker and Barlow of Colquitt- House Bill Xo. 262. A bill amending the .-\ct creating a new charter for the City of Moultrie, and for other purposes. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. On the passage of the bill, the ayes were :34, the nays 0. The bill having received the requisite constitutional majority was passed. Bv :\Ir. McGraw of Meriwether- Hause Bill No. 270. A bill to reduce the bond of the Sheriff of :\Ieriwether 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 ~Ir. Johnson of Chattahoochee- House Bill No. 271. A. bill amending the Act creating a new Board of Commissioners of Chattahoochee County, and for other purposes. TuESDAY, DECEMBER 21, 1937. 505 The report 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 majorit~' was passed. By Messrs. Coleman and Houze of Lowndes- House Bill No. 272. A bill to amend an Act incorporating 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 36, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Oden of Pierce- House Bill No. 282. A bill reducing the bond of the Sheriff of Pierce County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Hogg of Marion- House Bill No. 316. A bill amending the Act creating a Board of Commissioners of Roads and Revenues of 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. 506 JouRNAL oF THE SENATE, 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. 60. A bill granting to the United States certain ungranted and reverted lands in the Countv of Chatham, and for other purposes. The report 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 Holmes of the 22nd DistrictSenate Bill No. 80. A BILL To be entitled an Act to propose to the qualified voters of Georgia amendments to Article 7, Section 7, Paragraph One, of the Constitution of Georgia, so as to authorize the City of Macon to make temporary loans, to limit the aggregate amount of said loans outstanding at any one time, and to provide that said loans must be paid out of revenues received by the City of Macon in the year in which said loans are made; to authorize the City of Macon to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Macon and to provide the terms of their issue; to provide for the submission of the amendments 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 7, Section 7, Paragraph One, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit: "And except that the City of Macon, in addition to the debts hereinbefore allowed, mav make temporary loans between Tt:ESDAY, DECEMBER 21, 1937. 507 January 1, and December 31 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 Treasurer of the City of Macon and previously authorized by resolution approved by a majority vote of the Mayor and Board of Aldermen of the City of Macon at 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 (50) per cent of the total gross receipts of the City of Macon 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 loans out of the revenues received by the City in the year the loan is made shall not effect the obligation of the City to pay the same. "And except also that the City of Macon by a majority vote of the Mayor and Board of Aldermen of the City, may issue notes or debt certificates to be executed by the Mayor and Treasurer for the retirement and payment of the deficit and current indebtedness of the City of Macon as the same may be at the date of such issues, provided such issues be on or before January 1, 1939, and otherwise in an amount not exceeding the said deficit and current indebtedness outstanding on January 1, 1939. Such notes or debt certificates may be issued in such denomination, bearing such interest and falling due at such times as the Mayor and Board of Aldermen may fix and determine, but not to exceed five (5) years from the date of their issue." Sec. 2. Be it further enacted by the authority aforesaid, that when said amendments shall be agreed to by two-thirds vote of the members of each House, with the" Ayes" and "Nays" thereon, and published in one or more newspapers in each Con- gressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, the amendments shall at said general election, be submitted separately to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the ;)08 JouRNAL oF THE SENATE, City of Macon to make temporary loans shall have written or printed on their ballots the words" For ratification of Amendment of Article 7, Section 7, Paragraph One, of the Constitution, authorizing the City of Macon to make temporary loans," and all persons opposed to the adoption of said amendment authorizing the City of Macon to make temporary loans shall have written or printed on their ballots the words "Against ratification of Amendment of Article 7, Section 7, Paragraph One, of the Constitution, authorizing the City of :Macon to make temporary loans," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said Amendment shall become a part of .'\rticle 7, Section 7, Paragraph One, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the Act or Acts embraced in such amendment. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the Citv of Macon to retire current deficit shall have written or pri~ted on their ballots the words "For ratification of amendment of Article 7, Section 7, Paragraph One, of the Constitution, authorizing the City of Macon to retire deficit and pay current indebtedness," and all persons opposed to the adoption of said amendment authorizing the City of Macon to retire current deficit shall have written or printed on their ballots the words "Against ratification of Amendment of Article 7, Section 7, Paragraph One, of the Constitution, authorizing the City of Macon to retire deficit and pay current indebtedness," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said Amendment shall become a part of Article 7, Section 7, Paragraph One, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the Tt:ESDAY, DECEMBER 21, 1H:~7. .)09 Citv of Macon, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the :\ct or Acts embraced in such amendment. Sec. 3. Be it further enacted by the authority aforesaid, that all laws, or parts of laws, in conflict herewith shall be, and 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 Flynt Forrester Fowler Griner Hardman Harrison Horne Jackson Johnson Jones Kimbrough Lindsay McCutchen McKenzie Millican Moye Neely Peebles Pope Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams Voting in the negative was Senator: Harrell Verification of the roll call was dispensed with. The ayes were 40, the nays 1. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Almand of the 50th District, Ennis of the 20th District, Hampton of the 41st District, Holmes of the 22nd District, Knabb of the 4th District, Patten of the 6th District, Peterson of the 15th District, Phillips of the 29th District, Pruett of the 32nd District, and Robinson of the 13th District. 510 JouRNAL OF THE SENATE, Senator Burgin of the 24th District asked unanimous consent that House Bills No. 271 and No. 316 be immediately transmitted to the House and the consent was granted. Senator Neely of the 36th District asked unanimous consent that House Bill No. 270 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. Parker of Colquitt- House Bill No. 25. A bill to define a building and loan or a saving and loan association and to fix the privileges and immunities of such associations and Federal savings and loan associations, and for other purposes. The Senate Committee on Banks and Banking offered to amend House Bill No. 25 by striking Section 10 as it appears in the en~rossed copy of the bill, and inserting in lieu thereof the followmg: "Sec. 10. No person, firm, company, association, co-partnership, or corporation, either domestic or foreign, unless it is operating pursuant to the provisions of this Act, or under the provisions of Home Owners' Loan Act of 1933, of the Congress of the United States, and is actually engaged in carrying on a building and loan, or savings and loan business in this state under the provisions of this Act, or under the provisions of the Home Owners' Loan Act of 1933 of the Congress of the United States, shall hereafter transact business under any name or title which contains the terms "savings and loan," and/or "building and loan," or combination of the words used in said phrases, nor use any sign, or use any letter head, or bill head, circular, or paper of any kind, or advertise in any manner which indicates that his or its business is the characte; or kind of business carried on or transacted by a building and loan, or savings and loan association, as contemplated in this Act, or which is likely to lead the public to believe that his or its business is that of a building and loan, or savings and loan association, and the violations of this provision of this Act shall be a misdemeanor and shall be punished as provided in Section 27-2506 of the Code of Georgia, 1933; provided, TuESDAY, DECEMBER 21, 1937. 511 however, that any corporation heretofore chartered, the name of which shall conflict with the provisions of this Section shall have a period of six months after the passage of this Act within which to amend its charter and change its name so as not to conflict with the provisions of this Section; and provided further, that the provisions of this Section shall not apply to state banks regularly incorporated under the laws of this State, or national banking associations incorporated under the laws of the United States, or any institutions which as of the date of the passage of this Act were submitting to voluntary examination by the Banking Department of the State of Georgia, or institutions which as of the date of the passage of this Act were qualified as Trust Companies with the Secretary of State of Georgia." The Committee on Banks and Banking offered further to amend House Bill No. 25 as follows: By striking from subsection "d" of Section 16 the words "and banks" wherever they occur. The committee amendments were adopted. Senator Atkinson of the 1st District offered the following amendment to House Bill No. 25: To amend by striking therefrom subsection "d" of Section 16. The amendment by Senator Atkinson of the 1st District was adopted. Senator Lindsay of the 34th District offered the following amendment to House Bill No. 25: To amend Section 18 by inserting the word "knowingly" on the first line of Section 18 after the word "shall." Insert the word "knowingly" after the word "shall" on line 4 of the printed bill. The amendment by Senator Lindsay of the 34th District was adopted. Senator Allen of the 31st District moved that further consideration of House Bill No. 25 be postponed until Monday, January 3, 1938. The motion was lost. 512 JouRNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 40, the navs 3. The bill having received the requisite constitutional majority was passed, as amended. Senator Pope of the 7th District moved that the Senate insist upon its position on the Senate amendments to House Bill ~o. 3, known as the motor vehicle license bill, and that a Committee of Conference be appointed to confer with similar committee from the House. The motion prevailed and the President named as a Committee of Conference on the part of the Senate the following members of the Senate, to-wit: Senators Pope of the 7th District, Sutton of the 47th District, and ;viillican of the 52nd District. The following bill of the Senate was read the third time: Bv Senator l\Iillican of the 52nd District- Senate Bill ~o. 76. A bill amending the ~\Iotor Fuel Tax Law, and for other purposes. Senator Harrell of the 12th District moved that further consideration of Senate Bill No. 76 be postponed until Monday, January 3, 1938 and made a special order of the day. The motion prevailed. Senator Lindsay of the 34th District asked unanimous consent that House Bill ~o. 287 be recommitted to the Committee on Appropriations and the consent was granted. Senator Atkinson of the 1st District asked unanimous consent that the Senate recess at 12:30 o'clock P. M. to reconvene at 2:30 o'clock P. M. today and the consent was granted. The following resolutions of the Senate were read and adopted: TuEsDAY, DECEMBER 21, 1937. 513 By Senators Millican of the 52nd District and Lindsay of the 34th District- Senate Resolution No. 33. A resolution naming a Committee of two members of the Senate and three members of the House to cooperate with local interest in securing a National Park for the Atlanta Battlefield Area. By Senator Atkinson of the 1st District- Senate Resolution No. 34. A resolution extending the time of recess of the General Assembly from 1:00 o'clock P. M., December 22, 1937 to 6:00 o'clock P. M., December 22, 1937. By Senators Millican of the 52nd District and Fowler of the 39th District- Senate Resolution No. 35. A resolution commending the family and friends of Han. D. F. McClatchey and Governor E. D. Rivers for their thoughtfulness and cooperation in erecting the illuminated Christmas display on the grounds of the Executive Mansion and urging a continuanc~ of such display from year to year. The hour of 12:30 o'clock P. M. having arrived the President announced that the Senate stood recessed until 2:30 o'clock P.M. today. The hour of 2:30 o'clock P. M. having arrived the President called the Senate to order. The following Conference Committee report was read and adopted: Mr. President: Your Committee on Conference appointed from the House and Senate on House Bill No. 64 respectfully recommends that the House recede from its position on disagreeing to the Senate amendments to House Bill No. 64, and further recommends that the House and Senate agree to amendment by the Conference Committee of the House and of the Senate on said House Bill, said amendment being as follows: "First. By inserting in the caption thereof, and immediately preceding the words 'and for other purposes' which last occur in 514 JouRNAL OF THE SENATE, such caption, the following words and punctuation, to-wit: 'to make the mayor eligible to succeed himself for more than one successive term;'. "Second. By inserting in House Bill No. 64, and between Section 2 and Section 3 thereof, a new section, numbered Section 2-A, as follows: " 'Section 2-A. Subsection (1) of Section 4 of said Act approved August 18, 1919, (being" An Act to create a new charter for the City of Sylvester," etc.) is hereby amended as follows: by striking therefrom the semi-colon which stands between the word "qualified" and the word" the," and by inserting a period in lieu of such stricken semi-colon; and (b) by striking from such subsection "(1)" the following words, to-wit: 'the mayors hereafter elected shall be eligible to succeed themselves for only one successive term.' " Respectfully submitted, HousTON and PERRY of \Vorth, GRAYSON of Chatham, On the part of the House. HoRNE of the lOth, PoPE of the 7th, McKENZIE of the 48th, On the part of the Senate. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. Pre.rident: The House has disagreed to the Senate amendment to the following bill of the House, to-wit: By Mr. DeFoor of Mcintosh- House Bill No. 61. A bill to be entitled an Act to amend Section 45-308 of Georgia Code of 1933, relating to marsh hens, and for other purposes. TuESDAY, DECEMBER 21, 1937. 515 The House insists on its disagreement to the Senate amendment to the following bjll of the House, and requests a conference committee to be appointed by the President of the Senate to confer with a like committee on the part of the House: By Senator Millican of the 52nd District- Senate Bill No. 40. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes. The Speaker has appointed as a Committee of Conference on the part of the House on Senate Bill No. 40, the following members of the House, to-wit: Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton. Senator Atkinson of the 1st District moved that the Senate recede from its position on the Senate amendment to House Bill No. 61, a bill amending an Act relating to the hunting of marsh hens, and the motion prevailed. The following bills of the House were read the first time and referred to the committees: By Mr. Claxton of Camden- House Bill No. 72. A bill supplementing the fees of the Sheriff of Camden County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Harris and Lanier of Richmond- House Bill No. 107. A bill amending the Act providing for the appointment of an Assistant Solicitor-General in lieu of a special Criminal Bailiff in counties of a certain population, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Holt of Appling- House Bill No. 193. A bill amending the Act dividing the Brunswick Circuit and creating the new Waycross judicial circuit, and for other purposes. Referred to Committee on General Judiciary No. 1. 516 JouRNAL OF THE SENATE, By Mr. Dugas of White- House Bill No. 195. A bill requiring advance court costs in divorce proceedings in counties having a certain population, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Reid of Wilcox- House Bill No. 215. A bill providing for three terms of the Superior Court of \Vilcox County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Rawlins of Ben HillHouse Bill No. 256. A bill amending the Act which provides the qualifications and the manner of selecting members of the County Board of Education in Ben Hill County, and for other purposes. Referred to Committee on Education and Public Schools. By Messrs. Harris and Lanier of Richmond- House Bill No. 289. A bill authorizing counties of certain population to enact zoning laws, and for other purposes. Referred to Committee on Municipal Government. By Mr. Key of Jasper- House Bill No. 308. A bill prohibiting the licensing of game or bird traps in the County of Jasper, and for other purposes. Referred to Committee on Game and Fish. By Mr. Allison of GwinnettHouse Bill No. 323. A bill authorizing the City of Lawrence- ville to enact zoning ordinances, and for other purposes. Referred to Committee on Municipal Government. By Mr. Ragan of PulaskiHouse Bill No. 325. A bill amending the charter of the City of Hawkinsville, and for other purposes. Referred to Committee on Municipal Government. TuESDAY, DEcEMBER 21, 1937. 517 By Mr. Ragan of Pulaski- House Bill No. 326. A bill amending the Act creating the charter of the City of Hawkinsville with reference to zoning laws, and for other purposes. Referred to Committee on Municipal Government. By Mr. Warnell of Bryan- House Bill No. 329. A bill repealing the Act providing for two additional terms of the Superior Court of Bryan County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Warnell of Bryan- House Bill No. 330. A bill establishing the City Court of Pembroke in Bryan County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Smith and Jones of Dodge- House Bill No. 338. A bill amending the charter of the City of Eastman so as to authorize zoning ordinances, and for other purposes. Referred to Committee on Municipal Government. The following bills of the House were read the third time and put upon their passage: By Mr. Welsch of Cobb- House Bill No. 68. A bill amending the Code Section with reference to the exercising of the right of eminent domain, and for other purposes. The Committee on General Judiciary No. 1 offered to amend House Bill No. 68 as follows: 1st. By adding after the caption the words "SECTION 1" 2nd. By adding before the Repealing Clause the following: 518 JouRNAL oF THE SENATE, "SECTION 2" "The County authorities consisting of the Ordinary or County Commissioners, as the case may be, shall have the right to condemn for detours necessary or useful in the improving, reconstruction, widening, laying out, altering, grading or repairing of public roads in their respective counties." 3rd. By numbering the Repealing Clause as "SECTION: 3". 4th. By adding at the end of the caption the following "And to provide county authorities shall have authority to condemn for detours, and for other purposes." 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 31, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Parker and Barlow of Colquitt- House Bill No. 17. A bill amending the Act of 1937, with reference to dealers in live 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 28, the nays 2. The bill having received the requisite constitutional majority was passed. The following resolution of the Senate was read the third time: By Senator Pruett of the 32nd District- Senate Resolution No. 22. A resolution amending the Constitution limiting the county levy to ten mills except for the purpose of liquidating present outstanding indebtedness, and for other purposes. TuESDAY, DECEMBER 21, 1937. 519 Senator Lindsay of the 34th District moved that Senate Resolution No. 22 be tabled and the motion prevailed. The following bills of the Senate were read the third time and put upon their passage: By Senator Hardman of the 33rd District- Senate Bill No. 58. A bill authorizing the State Purchasing Department to purchase all cigarette tax stamps, fertilizer tax tags and all other stamps of a tax nature, and for other purposes. The report 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 Chason of the 8th District- Senate Bill No. 74. A bill requiring all new drugs to be tested by the State Chemist before the medical value is approved, and for other purposes. Amendments to Senate Bill No. 74 were adopted. Senator Horne of the lOth District moved that Senate Bill No. 74 be tabled. The motion was lost. Senator Harrell of the 12th District moved to postpone consideration until January 3rd, 1938 on Senate Bill No. 74 and the motion was lost. Senator McKenzie of the 48th District moved the previous question on Senate Bill No. 74 and amendments and the motion prevailed. The main question was ordered. An amendment by Senator Lindsay of the 34th District was adopted. 520 JouRNAL OF THE SENATE, Senator Lindsay of the 34th District moved that the Senate reconsider its action in ordering the main question on Senate Bill No. 74 and the motion prevailed. Senator Lindsay of the 34th District moved that further consideration of Senate Bill No. 74 be postponed until Wednesday, December 22nd, 1937, and the motion prevailed. The following resolution of the Senate was read and adopted: By Senators Spivey of the 16th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Resolution No. 36. A resolution providing for certain officials and attaches of the Senate to remain at the Capitol after recess on December 22nd, for the purpose of clearing and closing business; and to provide per diem therefor; and for other purposes. The following privilege resolutions were read and adopted: By Senators Forrester of the 44th District, Johnson of the 42nd District, and McCutchen of the 43rd District- A resolution extending the privileges of the floor to Hon. Barry Wright and Hon. Ed Maddox, prominent citizens of Rome, Georgia, and former members of the General Assembly. By Senator Griner of the 45th District- A resolution extending the privileges of the floor to Hon. Preston Rawlins, former President Pro Tempore of the Senate. Senator McKenzie of the 48th District moved that the Senate do now adjourn and the motion prevailed. Senator Forrester of the 44th District, presiding, announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. WEDNESDAY, DECEMBER 22, 1937. 521 SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, DECEMBER 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 Chaplain. The roll was called and the following members answered present to their names: Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Flynt Forrester Fowler Griner Hampton Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Lindsay McCutchen McKenzie Millican Moye Neely Patten Peebles Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner 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 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, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 522 JouRNAL oF THE SENATE, 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested bills and resolutions. 5. Putting on passage general bills and resolutions ready for third reading. The consent was granted. Senator Neely of the 36th District asked unanimous consent that Senate Bill No. 50, a bill increasing the membership of the Milk Control Board, be postponed until Tuesday, January 4th, 1938, and set as a special order of business of the day. The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate Amendments to the following bills of the House, to-wit: By Messrs. Thomas of Chattooga and Sutton of Wilkes- House Bill No. 59. A bill to be entitled an Act to amend an Act relating to Cigar and Cigarette Tax, and for other purposes. By Mr. Morris of Douglas- House Bill No. 118. A bill to be entitled an Act to amend an Act creating office of Tax Commissioner of and for County of Douglas, and for other purposes. By Mr. Tapp of Gwinnett- House Bill No. 205. A bill to be entitled an Act amending an Act creating a new charter for the City of Buford, and for other purposes. The House has agreed to the Senate Substitute, as amended, to the following bill of the House, to-wit: By Mrs. Coxon of Long, Messrs. Gammage of Terrell, McCracken of Jefferson, Hodges of Liberty, and Rawlins of Ben Hill- WEDNESDAY, DECEMBER 22, 1937. 523 House Bill No. 82. A bill to be entitled an Act to provide for the creation of a Stabilization Fund, 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 Bill No. 3, known as the Tag Tax Bill, the following members of the House, to-wit: Messrs. Gross of Stephens, Swindle of Berrien, and Mavity of Walker. The House has agreed to the Senate Amendment, as amended by the House, to the following bill of the House, to-wit: By Mr. Whaley of Telfair- Hause Bill No. 259. A bill to be entitled an Act to amend an Act abolishing the office of Tax Receiver and Tax Collector of Telfair County, and for other purposes. The House has adopted the report of the Committee of Conference on the following bills of the House, to-wit: By Messrs. Perry and Houston of Worth- House Bill No. 64. A bill to be entitled an Act to amend an Act, entitled an Act to create a new charter for the City of Sylvester, in the County of Worth, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: The House has adopted by the requisite constitutional majority the following resolution of the House, ta-wit: By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Resolution No. 92. A resolution urging a Christmas Display each year in honor of Hon. D. F. McClatchey. The following message was received from the House through Joe Boone, the Clerk thereof: The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit: 524 JouRNAL oF THE SENATt, By Messrs. Palmour and Phillips of Hall- House Resolution No. 29-128b. A resolution proposing a Constitutional Amendment to authorize the City of Gainesville to refund certain bonded debts, and for other purposes. By Messrs. Allison and Tapp of Gwinnett, and many others- House Resolution No. 64. A resolution designating and naming the Bona Allen Highway, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: By Senators Forrester of the 44th District, Johnson of the 42nd District, and Spivey of the 16th District- Senate Bill No. 20. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to certain roads, and for other purposes. By Senators Fowler of the 39th District and Hampton of the 41st District- Senate Bill No. 25. :\ bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage in Cobb and Cherokee Counties, and for other purposes. By Senator Brock of the 37th District- Senate Bill No. 61. A bill to be entitled an Act creating a Water and Light Commission for the City of Carrollton, and for other purposes. By Senator Brock of the 37th District- Senate Bill No. 62. :\ bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes. By Messrs. Sams, Candler, and Turner of DeKalb- House Bill No. 71. A bill to be entitled an Act to amend the 'WEDNESDAY, DECEMBER 22, 1937. 525 Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mr. Holt of Appling- House Bill No. 80. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Clark of Catoosa and Mavity of Walker- House Bill No. 88. 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, and for other purposes. By Mr. Booth of Barrow- House Bill No. 92. A bill to be entitled an Act to add a certain road to the State Aid System of Roads, and for other purposes. By Mr. Booth of Barrow- House Bill No. 93. A bill to be entitled an Act to add a certain road to the State Aid System of Roads, and for other purposes. By Mr. Lewallen of Banks- House Bill No. 94. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and for other purposes. By Mr. Corbett of Atkinson- House Bill No. 95. A bill to be entitled an Act amending an Act entitled "Highway Mileage" by adding additional roads to the System of State Aid Roads, and for other purposes. By Mr. Pirkle of Forsyth- House Bill No. 96. A bill to be entitled an Act to amend the Highway Mileage Act so as to add additional mileage to the System of State Aid Roads, and for other purposes. By Messrs. Corbett of Atkinson, Houze of Lowndes, Miller of Lanier, Coleman of Lowndes, Herrin of Echols, Swindle of Berrien, Musgrove of Clinch, and Vickery of Charlton- 526 JouRNAL oF THE SENATE, House Bill No. 109. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mr. Adams of Franklin- House Bill No. 110. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a certain road to the System of State Aid Roads. By Mr. Barnard of Towns- House Bill No. 115. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a certain road to the System of State Aid Roads. By Mr. Jones of Brantley- Hause Bill No. 130. A bill to be entitled an Act to amend the Highway Mileage Acts by adding a certain road to the System of State Aid Roads, and for other purposes. By Messrs. Thomas of Chattooga, Mavity and Sartain of Walker- House Bill No. 134. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mr. Patten of Cook- House Bill No. 143. A bill to be entitled an Act to amend the Constitution Of Georgia authorizing the refunding of Bonds of the City of Adel, and for other purposes. By Messrs. Freeman and Weaver of Bibb- House Bill No. 148. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Macon to make temporary Loans, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 158. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. WEDNESDAY, DECEMBER 22, 1937. 527 By Mr. Newton of Toombs- Hause Bill No. 162. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Vidalia to incur a bonded indebtedness in addition to that heretofore authorized, and for other purposes. By Mr. Newton ofToombs- House Bill No. 163. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Croker of Paulding, Welsch of Cobb, and Moore of Haralson- House Bill No. 165. A bill to be entitled an Act to amend an Act approved August 20, 1929, designated additional road mileage in Cobb, Paulding and Haralson Counties, and for other purposes. By Mr. DeFoor of Mcintosh- House Bill No. 171. A bill to be entitled an Act to amend the Act entitled Highway Mileage, by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Musgrove of Clinch and Herrin of Echols- Hause Bill No. 174. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Sanders of Coweta, Hastings and Kendrick and Mrs. Mankin of Fulton- House Bill No. 177. A bill to be entitled an Act to discontinue, vacate, abandon, and close up a section of the public road known as the old Newnan-Atlanta road located in Land Lot 63, Thirteenth District, Fulton County, Georgia, and for other purposes. By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union- House Bill No. 182. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. 528 JouRNAL OF THE SENATE, By Mr. Larsen of Laurens- House Bill No. 183. A hill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia to authorize the City of Dublin to incur a bonded indebtedness, and for other purposes. By Messrs. Hart and Sanders of Coweta- House Bill No. 184. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State AidRoads, and for other purposes. By Messrs. Hart and Sanders of Coweta- House Bill No. 185. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a certain road to the System of State Aid Roads. By Messrs. Grayson, McNall, and Cohen of Chatham- House Bill No. 186. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a certain road in Chatham County, and for other purposes. By Messrs. Candler, Sams, and Turner of DeKalb- House Bill No. 199. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," and for other purposes. By Mr. Bridges of Early- House Bill No. 213. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the State Aid System of Roads in Early County, and for other purposes. By Mr. Ferguson of Sumter- House Bill No. 214. A bill to be ent.itled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House' Bill No. 224. A bill to be entitled an Act to amend the WEDNESDAY, DECEMBER 22, 1937. 529 State Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes. By Mr. Jones of Brantley- Hause Bill No. 228. A bill to be entitled an Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the Sheriff and the Ordinary, and for other purposes. By Messrs. Smith and Jones of Dodge- House Bill No. 232. A bill to be entitled an Act to amend the Constitution of the State of Georgia so as to authorize the City of Eastman to issue refunding bonds, and for other purposes. By Mr. McCracken of Jefferson- House Bill No. 238. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mr. Adams of Franklin- House Bill No. 241. A bill to be entitled an Act to amend the Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads in Franklin County, and for other purposes. By Messrs. Harris and Lanier of Richmond- House Bill No. 246. A bill to be entitled an Acf to authorize the addition of a road in Richmond County to the State Highway System, and for other purposes. By Messrs. Salter of Baker and Bridges of Early- House Bill No. 258. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding additional roads to the System of State Aid Roads, and for other purposes. By Mr. Oden of Pierce- House Bill No. 261. A bill to be entitled an Act to increase the mileage of the State Aid System, and for other purposes. 530 JouRNAL OF THE SENATE, By Messrs. Lewallen of Banks and Phillips and Palmour of Hall- House Bill ~o. 263. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a certain road to the System of State Aid Roads, and for other purposes. By Messrs. Allison and Tapp of Gwinnett- House Bill No. 279. A bill to be entitled an Act to amend the Highway Mileage Act by adding .certain mileage to the System of State Aid Roads, and for other purposes. By Mr. Jackson of Habersham- House Bill No. 283. A bill to be entitled an Act to amend an Act entitled Highway Mileage by adding a certain road in Habersham County to the System of State Aid Roads, and for other purposes. By Messrs. Dampier and Larsen of Laurens- House Bill No. 291. A bill to be entitled an Act to amend an Act approved March 28, 19:35, providing for special criminal bailiffs in counties having a population of 35,000 or more, and for other purposes. By Mr. McCracken of Jefferson- House Bill No. 292. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Rowland of Johnson and Rountree of Emanuel- House Bill No. 300. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Cogdell of Glynn and Hodges of Liberty- House Bill No. 305. A bill to be entitled an Act granting to the Commissioners of Roads and Revenue of Chatham, Bryan, Liberty, Mcintosh, and Camden Counties authority to regulate said counties along any or all roads on the State Highway System outside of limits of any city or town which now has authority WEDNESDAY, DECEMBER 22, 1937. 531 to adopt and enforce zoning ordinances therein, and for other purposes. By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham- House Bill No. 314. A bill to be entitled an Act to amend an Act relating to fishing in ponds and lakes in certain counties in Georgia, and for other purposes. By Mr. Striplin of Heard- House Bill No. 315. A bill to be entitled an Act to amend the State Highway Mileage Act by adding two roads in Heard County, and for other purposes. By Mr. Middleton of Dade- House Bill No. 317. A bill to be enti tied an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mr. Daves of Dooly- House Bill No. 318. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Harris and Lanier of Richmond- House Bill No. 319. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads in Richmond County, and for other purposes. By Mr. Adams of Franklin- House Bill No. 327. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the State Aid System of Roads in Franklin County, and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 332. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the State Aid System of Roads in Floyd County, and for other purposes. 532 JouRNAL OF THE SENATE, By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow- House Bill No. 333. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow- House Bill No. 334. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the State Aid System of Roads in Floyd and Bartow Counties, and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 335. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mrs. Mankin, and Messrs. Kendrick and Hastings of Fulton- House Bill No. 337. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 349. A bill to be entitled an Act creating a new charter for the City of Atlanta, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: Th~ House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit: By Senator Atkinson of the 1st District- Senate Resolution No. 34. A resolution extending the time of recess of the General Assembly from 1:00 o'clock P.M., December 22, 1937 to 6:00 o'clock P.M., December 22, 1937. WEDNESDAY, DECEMBER 22, 1937. 533 The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by substitute the following bill of the Senate, to-wit: By Senator Harrell of the 12th District- Senate Bill No. 19. A bill to be entitled an Act to provide that the amount of all income taxes paid by a citizen of Georgia to the Federal Government shall be allowed as a deduction from income tax due and payable to the State of Georgia, and for other purposes. Senator Fowler of the 39th District, Vice-Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the House and have instructed me, as ViceChairman, to report the same back to the Senate with the following recommendation: House Bill No. 26. Do pass, as amended. Respectfully submitted, FowLER, 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 1\latters have had under consideration the following bill of the.House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 321. Do pass. Respectfully submitted, jAcKsoN, Chairman. 534 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 have had under consideration, the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 201. Do pass. Respectfully submitted, PEEBLES, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 295. Do pass. 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.2have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: . Senate Bill No. 87. Do pass. Respectfully submitted, SHANNON, Chairman. \VEDNESDAY, DECEMBER 22, 1937. 535 Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 309. Do pass. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 114. Do pass. Respectfully submitted, jAcKSoN, Chairman. Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 38. Do pass. House Bill No. 287. Do pass, as amended. Respectfully submitted, FLYNT, Chairman. 536 JouRNAL OF THE SENATE, The following bill of the Senate, favorably reported by the committee, was read the second time: By Senator Shannon of the 21st District- Senate Bill ~o. 87. A bill amending Section 69-101 of the Code of 1933, and for other purposes. The Senate agreed to the following House amendment to the Senate amendment to House Bill No. 259, a local bill affecting Telfair County: Mr. Whaley of Telfair moves to amend the Senate amendment to House Bill No. 259 as follows: 1. By adding to the caption of the bill the language: "To provide for the payment of certain fees, commissions and compensations to the incumbent Tax Collector and Tax Receiver of Telfair County:" 2. By adding at the end of Section 3 in said bill the following amendment: "Provided, however, that all fees, commissions, and other compensation which are due or which may become due to the present Tax Receiver and Tax Collector of Telfair County at any time prior to the passage of this Act by virtue of delinquent taxes, delinquent tax collection, fi. fa. issuance, or other provision of law shall be collected by the Tax Commissioner and paid over to the present Tax Collector or Tax Receiver entitled to the said commissions, fees, or other compensation, in the same manner and as though the present Tax Collector and Tax Receiver of Telfair County had been succeeded by another Tax Collector and Tax Receiver." The following bills of the House were read the third time and put upon their passage: By Messrs. Larsen and Dampier of Laurens- House Bill No. 201. A bill amending the Act creating a new charter for the City of Dublin, and for other purposes. The report 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. WEDNESDAY, DECEMBER 22, 1937. 537 The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 227. A bill granting to the proper authorities of Fulton County the right to make zoning laws, and for 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Lanier, Harris, and Barrett of Richmond- House Bill No. 288. A bill to amend an Act granting a charter to the City of Augusta so as to provide for the permanent tenure of certain officers 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 35, 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. 302. A bill to amend the charter of East Point, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, 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. 303. A bill to amend the Act creating a new charter for the City of East Point, and for other purposes. 538 JouRNAL oF THE SENAT:l':, The report 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. Morris of Douglas- House Bill No. 306. A bill repealing the Act creating a Board of County Commissioners for the County of Douglas, and for other purposes. The report 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. Morris of Douglas- House Bill No. 307. A bill creating a Board of Commissioners of Roads and Revenues 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Harris and Lanier of Richmond- House Bill No. 309. A bill to amend an Act establishing a municipal court for 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. WEDNESDAY, DECEMBER 22, 1937. 539 By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 321. A bill providing for tenure for certain officers and employees of Richmond County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, w.as 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. Pound of Hancock- House Bill No. 322. A bill authorizing the levy of taxes for the purpose of paying County Agricultural and/or Home Demonstration Agents, and for other purposes. The report 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. Kirbo and Simmons of Decatur- House Bill No. 324. A bill amending the Act establishing the City Court of Bainbridge, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mrs. Coxon of Long, Messrs. Phillips of Hall and Grayson of Chatham- House Bill No. 114. A bill amending Section 92-3701 of the 1933 Code proving the purposes for which county taxes may be levied, and for other purposes. 540 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 31, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Jones and Smith of Dodge- House Bill No. 293. A bill amending the Act creating the office of Commissioner of Roads and Revenues 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Hamby of Rabun- House Bill No. 295. A bill eliminating the November term of Rabun Superior 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mrs. Coxon of Long and Messrs. Key of Jasper and Grayson of Chatham- House Bill No. 38. A bill amending the General Appropriations bill for the purpose of clarifying the appropriations for old age assistance, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, it involving an appropriation, the roll was called and the vote was as follows: WEDNESDAY, DECEMBER 22, 1937. 541 Those voting in the affirmative were Senators: Allen Almand Atkinson Aultman Brock Burrell Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Harrison Holmes Jackson Johnson Jones Kimbrough Lindsay McCutchen McKenzie Millican Moye Neely Patten Peebles Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams 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 Atwood of the 2nd District, Burgin of the 24th District, Chason of the 8th District, Flynt of the 26th District, Horne of the lOth District, Knabb of the 4th District, Peterson of the 15th District, and Robinson of the 13th District. The following bill of the Senate was read the third time and put upon its passage: By Senator Allen of the 31st District- Senate Bill No. 86. A bill authorizing the city authorities of the City of Toccoa to enact zoning laws, and for other purposes. The report 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. . 542 JouRNAL OF THE SENATE, The Senate adopted the following report of the Conference Committee on Senate Bill No. 40, a bill affecting Fulton County: Mr. President: Mr. Speaker: Committee on Conference on Senate Bill No. 40 recommends that the House and Senate accept Senate Bill No. 40 as passed by the Senate and amended by the House with the exception of striking from line three of the House amendment the word "not" appearing after the word "shall." MILLICAN of the 52nd District, FoRRESTER of the 44th District, PHILLIPS of the 29th District. On the part of the Senate. KENDRICK of Fulton, HASTINGS of Fulton, MANKIN of Fulton. On the part of the House. The following bill of the House was read the third time and put upon its passage: By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 26. A bill to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes. By unanimous consent House Bill No. 26 was considered section by section. The following amendments to House Bill No. 26 were read and adopted: By the Committee on Finance- To amend by striking from the fourth and fifth lines of Section WEDNESDAY, DECEMBER 22, 1937. 543 2 the following words "and all shares of building and loan associations." By Senator Harrell of the 12th District- To amend Section 2 by adding at end of section the following proviso: "Provided, however, that open accounts shall not be considered as taxable and as having any certain taxable value either as intangibles under this Act or any other laws taxing property in this State." By the Committee on Finance- To amend by inserting in Section 3 thereof a new. subsection to be known as subsection (aa), to immediately follow subsection (a) and to read as follows: "(aa) A property tax is hereby levied for the year 1938 and annually thereafter at the rate of One Dollar and Fifty Cents ($1.50) on each One Thousand Dollars ($1,000) of the fair market value of all notes or other obligations insured by the Federal Housing Administration (except those owned by banks), and of all notes or other obligations representing loans, secured by real estate, made by state building and loan associations and federal savings and loan associations for the purpose of financing the purchase, improvement or construction of homes, as of the first day of January, up to the value of Five Thousand Dollars ($5,000) each. Any fair market value thereof in excess of Five Thousand Dollars ($5,000) shall be taxed as provided in the following subsection of this section." By the Committee on Finance- By striking after the word" January" in Section 3, subsection (b), line 4, the following "then that subject to tax under subsection (a) of this section" and inserting in lieu thereof the following" than that subject to tax under subsection (a) and (aa)." By Senator Lindsay of the 34th District- To amend Section 3, subsection (d) on line 18 after the word "Commission" by inserting the following words "or such authority as may succeed the present Revenue Commission." 544 JouRNAL oF THE SENATE, To further amend Section 3, subsection (d) on line 24 after the word "the" by inserting the word "respective." To further amend Section 3, subsection (d) on line 25 after the word "tax" by inserting the words "in each county." To further amend Section 3, subsection (d) after the word "int,angibles" on the 26th line by inserting the words "which are. To further amend Section 3, subsection (e) by inserting the following words at the end of said subsection, changing the period to a comma, "for citizens of this State." By the Committee on FinanceTo amend by striking from Section 4 (b) the following: "on~ hundred per cent (100%)," and by substituting in lieu thereof the following: "twenty-five per cent (25%)." By Senator Almand of the 50th District- To amend Section 4, Paragraph A by adding after the word "organization" in line 16 of the printed bill the following language: "Non-profit co-operative associations." By Senator Lindsay of the 34th District- To amend Section 4, subsection (a) by inserting the word "reasonably" after the word "may" on the 9th line, and after "may" on line 11 of said paragraph. To further amend Section 4, subsection (b) by inserting on line 24 after the word "that" the word "wilful." To further amend Section 4, subsection (b) as follows: by striking the word "defense" on line 29 and inserting in lieu thereof the word "penalty." To further amend Section 5 by striking the words "nor permit" on line 8. To further amend Section 6 as follows by inserting after the word "shall" on line 6, the word "wilfully." To amend by striking the comma after the word "assets" in the 9th line of Section 7, and inserting the words "subject to taxation in this State." \VEDNESDAY, DEcEMBER 22, 1937. 545 By Senator Millican of the 52nd District- To amend by striking all of subsection (b) of Section 8 and substituting in lieu thereof the following: "Every Georgia corporation the bonds of which are subject to tax under this Act shall on or before the first day of each year make a true and correct, verified report of the Commission giving in such form as the said Commission may require, the names and addresses of persons in Georgia who held its registered bonds on January 1 last preceding and in addition a list of the registered bonds transferred from such persons between November 1 and January 1 next preceding the date of the return. (Intangible property transferred prior to January 1 to avoid the tax imposed hereunder or to secure a reduction in the rate thereof is hereby made subject to the tax levied by this Act.) By Senator Lindsay of the 34th District- To amend Section 9 by inserting on line 1 after the word "Commission" the words "or its successors in authority." To further amend Section 10 by inserting after the word "receivers" on line 7 the following words, "with regard to the situs of such property." By the Committee on Finance- To amend Section 11, subsection (c), line 4 after the words "proportion that" and before the words "the aggregate" the following: "the aggregate millage rate for state purposes" and further amend Section 11, subsection (c) by adding after the word "between" in the tenth line and before the words "the County General Fund" the words" the state." To further amend by adding after the word "situated" where same first appears in Section 11 (e) the following: "The tax levied in Section 3 hereof shall be deemed to be levied by the participating taxing authorities in the proportion that the millage rate of each participating taxing authority bears to the aggregate millage rate of all of the participating taxing authorities." To further amend by adding at the end of Section 11 (e) the follmying: "Provided however, that in no event shall any politi- 546 JouRNAL or THE SENATE, cal subdivision or taxing authority, levy a tax on intangible property classified and taxed under this act and not classified to be taxed as now provided by law, at a rate in excess of 20% of the rate levied by such political subdivision or taxing authority on tangible property." To further amend by striking from Section 11 (e) the word "allocation" wherever it appears in such Section 11 (e) and by substituting in lieu thereof the word" distribution." By Senator Lindsay of the 34th District- To amend Section 11 by changing the period at the end of subsection (a) to a comma and adding at the end of said section "in each county." By the Committee on Finance- To amend Section 14, by striking all of said section after the word "law" in line 5 and substituting the following: "Except that any taxpayer who complies with the requirements of this Act by making a true return of his intangible property as specified in Section 4 of this Act by March 15, 1938, shall not be required to pay tax on any such intangibles for years prior to 1938, on which no return or assessment has been made or on which no litigation has been instituted either by the taxing authorities or the taxpayer prior to January 1, 1938. Such omitted taxes upon the taxpayer's compliance with the provisions of this Act are hereby declared to be barred as by a statute of limitation." By Senator Lindsay of the 34th District- To amend Section 15 by adding the following words at the head of said section "Be it further enacted that each provision and section of this Act be and the same is hereby separately enacted and." Senator Almand of the 50th District moved that the Senate reconsider its action in adopting Section 2 of House Bill No. 26, as amended, and the motion was lost. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended. WEDNESDAY, DECEMBER 22, 1937. 547 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 Burgin Chason Clements Ennis Flynt Forrester Fowler Griner Hardman Harrell Harrison Holmes Home Jackson Johnson Kimbrough Lindsay McCutchen McKenzie Millican Moye Neely Patten Peebles Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams Verification of the roll call was dispensed with. The ayes were 45, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. Not voting were: Senators Burrell of the 40th District, Hampton of the 41st District, Jones of the 38th District, Knabb of the 4th District, Peterson of the 15th District, and Robinson of the 13th District. Senator Millican of the 52nd District asked unanimous consent that House Bill No. 26, as amended, be immediately transmitted to the House and the consent was granted. Senator Fowler of the 39th District asked unanimous consent that House Bills Nos. 201, 306, 307, 324, 227, 302~ 303, 288, 309, 321, 322, 38, 114, 293 and 295 be immediately transmitted to the House and the consent was granted. The President announced that the Senate stood recessed until 2:30 o'clock P. M. today. 548 JouRNAL OF THE SENATE, The hour of 2:30 o'clock P. M. having arrived the President called the Senate to order. The following report of the Conference Committee on House Bill No. 3, known as the motor vehicle tag tax Act, was read by the Secretary of the Senate: Mr. President: Mr. Speaker: Your Conference Committee appointed by the House and Senate to consider Senate amendments to House Bill No. 3 known as "The Truck and Bus Bill" beg to submit the following report: Your Committee on Conference recommends the Senate recede from its action in adopting Senate amendment No. 2. Your Committee on Conference recommends the House recede from its action in disagreeing to Senate amendment No. 3. Your Committee on Conference recommends the House and Senate both recede from their actions in adopting and disagreeing to Senate amendments No. 4 and No. 6 and that a new amendment be adopted to be known as Section 15(a) of Section 4 and to read as follows: "For each motor vehicle owned by the State, any municipality, or other political subdivision of the State used exclusively for governmental functions the sum of three dollars" ($3.00). "Registration and license of makers and dealers; additional tags.-Manufacturers and dealers engaged in the manufacture, sale, or leasing of motor vehicles or tractors shall register with the State Revenue Commission, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle manufactured, sold or leased by them, upon blanks prepared by the State Revenue Commission for such purposes, and pay therefor a fee of $25.00, which fee shall accompany such application, and for which said fee the State Revenue Commission shall furnish to said dealer two number plates to be known as a dealer's number and to be distinguished from the number plates herein provided for by a different and distin- WEDNESDAY, DECEMBER 22, 1937. 549 guishing color to be determined by the State Revenue Commission, with the word 'Dealer' on same; dealer's number plates to be for the purpose of demonstrating or transporting dealer's vehicles for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, or other manner not provided for in this section. In case dealers or manufacturers desire more than two tags, they shall so state on the application, and, in addition to the fee of $25.00 hereinabove provided, shall pay $1.00 for each and every additional number plate furnished. For each motor vehicle owned by the State, any municipality or other political subdivision of the State and used for governmental functions the sum of three dollars ($3.00)." Your Committee on Conference recommends the House recede from its action in disagreeing to Senate amendment No. 5. Your Committee on Conference recommends the House recede from its action disagreeing to Senate amendment No. 7. Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate amendment No.8. Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate Committee amendment No. 6 and Senate amendment No. 9. Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate amendment No. 10. Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee amendment No.1. Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee amendment No.2. Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate Committee amendment No.3. 550 JouRNAL OF THE SENATE, Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee amendment No.4. Your Committee on Conference recommends that the House recede in its action in disagreeing to Senate Committee amendment No.5. Your Committee on Conference recommends that the Senate recede from its action in adopting Sections 7 and 8 of the Senate Committee amendment. Your Committee on Conference recommends that the House recede from its action in disagreeing to Senate Committee amendment No.9. Your Committee on Conference recommends that the House and Senate recede from their actions in adopting and disagreeing to Senate amendment No.1 and that the following be adopted in lieu thereof: "If the vehicle described herein is operative under the jurisdiction of the Georgia Public Service Commission as a carrier of passengers the rate shall be one-half of the amount herein mentioned where the vehicle is operative over a route of fifty miles or less." Your Committtee on Conference recommends that the House and Senate recede from their actions in adopting and disagreeing to Senate Committee amendment No. 10 and that the House and Senate adopt in lieu thereof the following: By amending the caption by adding after the words "to repeal an Act" in line 23 of the caption the following words "approved March 30, 1937," and by adding at the end of the caption and before the words "and for other purposes" the following "and to provide for brakes on certain trailers." Respectfully submitted, GRoss of Stephens, MAVITY of Walker, SwiNDLE of Berrien. On the part of the House. WEDNESDAY, DECEMBER 22, 1937. 551 MILLICAN of the 52nd District, SuTToN of the 47th District, PoPE of the 7th District. On the part of the Senate. Senator Millican of the 52nd District moved the adoption of the report of the Conference Committee on House Bill No. 3 and the motion prevailed. Senate Bill No. 19, a bill amending the Income Tax Laws, was taken up for the purpose of considering the following House' substitute thereto: A BILL To be entitled an Act to amend Title 92, ("Public Revenue"), Division 1, ("Sources of Revenue"), Part IX, ("Income Taxes"), of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, by amending subsection (3) of subsection (i) of Section 92-3002 of said Code, defining re~ident; by amending Section 92-3101 of said Code, by repealing the minimum tax as levied therein; by amending Section 92-3102 of said Code by repealing the Section levying a minimum tax therein; by amending Section 92-3103 of said Code by striking that part of subsection (c) of Section (1) allowing a certain credit against tax; by amending Section 92-3109, so as to allow a deduction from gross income on certain proportions of the dividend income received by corporations from other corporations engaged in business in said State; by amending Section 92-3117 of said Code, so as to provide for taxation of resident members of nonresident partnerships; by providing for certain deductions from gross income of Federal income taxes actually paid during the preceding taxable year upon Federal income tax return filed in said taxable year; 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 Title 92, ("Public Revenue"), Division 1, 552 JouRNAL or THE SENATE, ("Sources of Revenue"), Part IX ("Income Taxes"), Chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, be and the same is hereby amended by striking from subsection (3) of subsection (i) of Section 92-3002 of said Code, as amended, the words "six months," wherever they may appear, and by substituting in lieu thereof the words" four months"; so that said subsection (3) of subsection (i) of Section 92-3002 of said Code, as amended, shall read as follows: "and, effective January 1st, 1937, any other person who main~ains a place of abode within the State and spends in the aggregate more than four months of the taxable year within the State whether domiciled in this State or not. But any person who, on or before the last day of the taxable year changes his place of abode to a place without this State, with the bona fide intention of continuing actually to abide permanently without this State, shall be taxable the same as a non-resident is taxable under this Act. The fact that a person who has changed his place of abode within four months from so doing, again resides within this State, shall be prima facie evidence that he did not intend permanently to have his place of abode without this State. Such person not having returned his income for taxation as a resident of this State shall be deemed to have resided on the day when such income should have been listed at his last place of abode within this State. The fact that a person whose place of abode during the greater portion of such twelve (12) months has been within this State does not claim or exercise the right to vote at public elections within this State, shall not, of itself, constitute him a non-resident of this State within the meaning of this Act." Sec. 2. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by striking from Section 92-3101 of the said Code, as amended, the following: "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 of tax on its net income as disclosed in the return." \VEDNESDAY, DECEMBER 22, 1937. 553 Sec. 3. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, by striking from said Section 92-3102 of said Code, as amended, in its entirety subsection (a) of said section as follows: "Each and every corporation subject to file a return as provided by this Act shall pay a minimum tax of $10.00 whether such return shall show any liability for tax on its net income as disclosed by the return." Sec. 4. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by striking from subsection (c) of Section 923103 of said Code, as amended, the following: "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." so that said subsection (c) of Section 92-3103 shall read as follows: "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 income, 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." Sec. 5. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by adding a new subparagraph to Section 923109 of said Code, said subparagraph to be known as Section 923109 (h), and to read as follows: "(h) Effective as of January 1st, 1937, dividends received by Georgia corporations from other corporations engaged in business in this State and subject to the payment of taxes under the income tax laws of this State; provided, however, that if the net 554 JouRNAL oF THE SENATE, income of the dividend paying corporation is in part derived from property owned or business done without the State of Georgia, then such dividends when received by other Georgia corporations may be deducted from gross income only in the same proportion that the business income of such dividend paying corporation is attributable to the property owned and business done within this State, as determined under Section 92-3113 of the Code of Georgia of 1933." Sec. 6. That Title 92, Division 1, Part IX, Chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 30, 1937, be further amended by adding a new subparagraph to Section 92-3117 of said Code, as amended, said subparagraph to be known as Section 92-3117 (a), and read as follows: "(a) Effective January 1st, 1937, where one or more of the individual members is a resident of Georgia but a member of a partnership doing business without the State of Georgia, such resident member or members shall include in his individual return his distributable share (whether distributed or not) of the net income of the partnership for the taxable year." Sec. 7. That Title 92 ("Public Revenue"), Division 1 ("Source of Revenue"), Part IX ("Income Taxes"), Chapter 92-31 ("Imposition, rate and com,putation of tax; exemptions") of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, and as further amended by the Act approved March 30, 1937 relating to the state tax on incomes, be and the same is hereby amended by striking from Section 92-3109 ("Deductions from gross income"), Paragraph C which permits the deduction of certain taxes, and inserting in lieu thereof the following: "(c) Taxes.-Effective January 1st, 1938, taxes paid or accrued within the taxable year, except state income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes and taxes assessed for local benefits of a kind tending to increase the value of the property assessed, provided, however, that the taxpayer may only deduct from gross income the amount of Federal net income taxes shown to be due and actually paid during the immediate preceding taxable year on the return filed by said taxpayer in such preceding taxable year, and, pro- WEDNESDAY, DECEMBER 22, 1937. 555 vided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal net income taxes in the same proportion that the net income taxable by the State of Georgia bears to the entire net income taxable by the Federal government." Sec. 8. Be it further enacted 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 for Senate Bill No. 19. The following bill of the House was read the third time and put upon its passage: By Mr. Key of Jasper- House Bill No. 287. A bill to amend an Act entitled the General Appropriations Act, and for other purposes. The committee offered the following amendment to House Bill No. 287: To amend second paragraph of said bill in the last line thereof between the word "years" and the figures "1938" by adding the words and figures" 1937" so that the quoted figures in said paragraph shall read as follows: "For each of the fiscal years 1937, 1938, and 1939." To further amend House Bill No. 287 by adding a new paragraph to read as follows: "Provided, however, all unpaid expenses of the Legislative Session of 1937, including the extra session, and all committee expenses incident to either session shall be paid out of the appropriations of 1937, 1938, and 1939." The committee amendment was adopted. Senators Almand of the 50th District and Atkinson of the 1st District offered the following amendment of House Bill No. 287: To amend by adding after the word "Legislature" in the first line of the third paragraph, the words: "Secretary of Senate, Clerk of the House, and their staffs of assistants and clerks." 556 JouRNAL OF THE SENATE, The amendment by Senators Almand and Atkinson was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended. On the passage of the bill, as amended, it carrying an appropriation, the roll was called and the vote was as follows: Those voting in the affirmative were Senators: Atkinson Atwood Aultman Burgin Chason Flynt Forrester Griner Hampton Hardman Harrell Home Jackson Jones Kimbrough Lindsay McCutchen McKenzie Millican Patten Phillips Pope Purdom Sammon Shannon Sikes Sutton Terrell Turner Those voting in the negative were Senators: Almand Brock Harrison Holmes Johnson Moye Thrasher Whitehead Verification of the roll call was dispensed with. The ayes were 29, the nays 8. The bill having receiv-ed the requisite constitutional majority was passed, as amended. Not voting were: Senators .'\llen of the 31st District, Burrell of the 40th District, Clements of the 9th District, Ennis of the 20th District, Fowler of the 39th District, Knabb of the 4th District, Neely of the 36th District, Peebles of the 18th District, Peterson of the 15th District, Pruett of the 32nd District, Robinson of the 1:3th District, Sh~dd of the 3rd District, Walker of the 28th District, and Williams of the 5th District. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendments to the following bill of the House, to-wit: \VEDNESDAY, DECEMBER 22, 1937. 557 By Mr. Parker of Colquitt and others- House Bill No. 26. A bill to be entitled an Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; and for other purposes. The House request that a Committee of Conference be appointed by the President of the Senate to confer with a like committee on the part of the House to House Bill No. 26. 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. 26, the following members of the House, to-wit: Messrs. Lanham of Floyd, Carmichael of Cobb, and Elliott of Muscogee. The following resolution of the House was adopted: By Messrs. Fowler of Treutlen, Harris of Richmond, Deal of Bulloch, Musgrove of Clinch, Hill of Screven, Swindle of Berrien, Drake of Seminole, Coleman and Houze of Lowndes, and Mrs. Coxon of Long- House Resolution No. 97. A resolution stating the losses of naval stores operators and urging Congress and the Federal Government to give them some financial assistance, 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. Gross of Stephens- House Bill No.3. A bill to be entitled an Act to amend an Act fixing motor vehicle license taxes, and for other purposes. Senator Atkinson of the 1st District moved that the Senate insist upon its position on the Senate amendments to House Bill No. 26, and that a Committee of Conference be appointed by the President of the Senate to confer with a like committee from the House to be appointed by the Speaker of the House, on House Bill No. 26. 558 JouRNAL oF THE SENATE, The motion prevailed, and the President named as a committee on the part of the Senate the following members, to-wit: Senators Millican of the 52nd District, Lindsay of the 34th District, and Pope of the 7th District. The following resolution of the House was read and adopted: By Messrs. Fowler of Treutlen, Harris of Richmond, Deal of Bulloch, Musgrove of Clinch, Hill of Screven, Swindle of Berrien, Drake of Seminole, Coleman and Houze of Lowndes, and Mrs. Coxon of Long- House Resolution No. 97. A resolution stating the losses of naval stores operators and urging Congress and the Federal Government to give them some financial assistance, and for other purposes. The President announced that His Excellency, the Governor, desired to visit the Senate Chamber, and appointed as a committee of escort to the Governor for this visit the following members, to-wit: Senators Griner of the 45th District, Neely of the 36th District, and Terrell of the 19th District. The doorkeeper announced the presence of His Excellency, the Governor, and distinguished committee of escort from the Senate at, the door of the Senate Chamber. His Excellency, Governor E. D. Rivers, and the committee of escort were admitted to the Senate Chamber and were seated on the President's stand. Senator Purdom of the 46th District at this time presented gifts from the members of the Senate to Han. John B. Spivey, President of the Senate, Han. J. H. Terrell, President Pro Tempore of the Senate, Han. John W. Hammond, Secretary of the Senate, and Han. Henry Nevin, Han. Carter C. Peterson, and Han. Hamilton McWhorter, Jr., assistants to the Secretary. WEDNESDAY, DECEMBER 22, 1937. 559 The following resolution of the Senate was read and adopted: By Senators Spivey of the 16th District, Atkinson of the 1st District, Williams of the 5th District, and Purdom of the 46th District- Senate Resolution No. 37. A resolution extending to His Excellency, Hon. E. D. Rivers, the heartiest good wishes of the Senate for a most Happy and Joyful Christmas. The President pr~sented to the Senate Hon. E. D. Rivers, Governor, who spoke briefly in response to the provisions of Senate Resolution No. 37. The following report of the Conference Committee on House Bill No. 26 was read and adopted: Conference Committee report on House Bill No. 26, beg to submit the following report: We recommend both House and Senate recede from their position on Senate amendment to Section 3, subsection (aa), and in lieu thereof a new section be written to be known as subsection (aa), Section 3, and reading as follows: "(aa) A property tax is hereby levied for the year 1938 and annually thereafter at the rate of One Dollar and Fifty Cents ($1.50) on each One Thousand ($1,000.00) Dollars, of the fair market value of all notes or other obligations insured by the Federal Housing Administration (except those owned by hanks), and of all notes or other obligations representing loans, secured by real estate, made by state building and loan associations and federal savings and loan associations for the purpose of financing of homes, as of the first day of January, up to the value of Five Thousand ($5,000) Dollars each. Any fair market value thereof in excess of Five Thousand ($5,000) shall be taxed as provided in the following subsection of this section." That the House recede from its position m disagreeing to Senate Amendment No.3. That the House recede from its posttwn in disagreeing to Senate Amendments Nos. 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 18, 19, 20, and 25. 560 JouRNAL oF THE SENATE, That both the House and Senate recede from their position on Senate Amendment No. 15 in regard to Senate Amendment on the eighth and ninth line of Section 7, and in lieu thereof the following words from the House bill be stricken: "ad valorem taxes in Georgia on not less than 75% of its total assets," and in lieu thereof insert the following: "all taxes in Georgia as now provided for by law." That the Senate recede from its position on Senate Amendment No. 17. That the House recede from its position on Senate Amendment No. 21. That the House recede from its posltlon on Senate Amendments Nos. 22 and 23. That the House recede from its position in disagreeing to Senate Amendment No. 24, which is an amendment to Section 14 of the House bill. That the Senate recede from its position on Amendment No. 26, which is an amendment to Section 2 of the House bill. That the Senate recede from its position on Amendment No. 27, which is an amendment to Section 2. MILLICAN of the 52nd District, PoPE of the 7th District, LINDSAY of the 34th District. On the part of the Senate. CARMICHAEL of Cobb, ELLIOTT of Muscogee, LANHAM of Floyd. On the part of the House. WEDNESDAY, DECEMBER 22, 1937. 561 The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference to the following bill of the House, to-wit: By Messrs. Parker of Colquitt, Preston of Bulloch, and others- House Bill No. 26. A bill to be entitled an Act to classify property for taxation, and for other purposes. The House has agreed to the Senate amendments to the following bill of the House, to-wit: By Mr. Key of Jasper- House Bill No. 287. A bill to be entitled an Act to amend General Appropriations Act ending June 30, 1939, so as to provide for legislative expenses, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the Senate, to-wit: By Senator Lindsay of the 34th District- Senate Resolution No. 18. A resolution for the relief of Harold Clark, Principal, and Mobley and Lunsford, Sureties, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit: By Senator Pruett of the 32nd District- Senate Bill No. 42. A bill to be entitled an Act to amend the Act of the General Assembly approved February 26, 1937, and 562 JouRNAL oF THE SENATE, known as the Public Assistance to Aged Act appearing on pages 311-321 of Georgia Laws of 1937, by striking therefrom Section 15 providing for recovery from the estate of any recipient of old age assistance, and for other purposes. By Senators Kimbrough of the 25th District and Neely of the 36th District- Senate Bill No. 34. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage in Harris, Meriwether, Talbot, Upson, and Pike Counties, and for other purposes. By Senator Horne of the lOth District- Senate Bill No. 32. A bill to be entitled an Act to amend the Traylor-Neill Act by adding additional mileage, and for other purposes. By Senator Millican of the 52nd District- Senate Bill No. 29. A bill to be entitled an Act to provide for the use of voting machines at all elections in cities having a population of 200,000 or more in the State of Georgia, and for other purposes. By Senator Phillips of the 29th District- Senate Bill No. 22. A bill to be entitled an Act to provide for compensation to Clerks of Courts and Sheriffs in counties having a population of not less than 8,790 nor more than 8,810, and for other purposes. Senator Sikes of the 49th District moved that the Senate do now adjourn. The motion prevailed. President Pro Tern. Terrell of the 19th District, presiding, announced that, under the provisions of House Resolution No. 83, the Senate stood adjourned until Monday, January 3rd, 1938, at 10:00 o'clock A.M. MoNDAY, JANUARY 3, 1938. 563 SENATE CHAMBER, ATLANTA, GA., MoNDAY, JANUARY 3, 1938. The Senate met, pursuant to adjournment on December 22, 1937, at 10:00 o'clock A. M., this day and was called to order by the President. Prayer was offered by the Chaplain, Rev. Charles M. Durden, Pastor of the First Baptist Church of Swainsboro, Georgia. Senator Millican of the 52nd 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 Wednesday, December 22, 1937, had been examined and found to be correct. Senator Almand of the 50th District gave notice that at the proper time he would move that the Senate reconsider its action in confirming the Journal of Tuesday, December 21, 1937. Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. Senator Almand of the 50th District offered the following motion, in writing, which was read by the Secretary of the Senate: Whereas, The Senate Journal of Monday, December 20, includes a report by the Senate Committee on Municipal Government, containing the following recommendation: "Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 262. Do pass AS AMENDED" and Whereas, The Senate Journal of Tuesday, December 21, shows, among the passage of bills of the House, the following: "House 564 JouRNAL oF THE SENATE, Bill No. 262. A bill amending the Act creating a new charter for the City of Moultrie, and for other purposes." "The report 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" and Whereas, The Senate Journal of December 22, not having yet been confirmed, it is within proper parliamentary time to move for correction of an inaccuracy in the minutes of the proceedings of Tuesday, December 21; now, therefore, as Chairman of the Committee on Journals of the Senate, I offer in writing the following motion: I move that the Senate reconsider its action of December 22, in confirming the Journal of December 21 for the purpose of properly inserting two omitted words in the record on House Bill No. 262, so that the same be made to conform to the report of the Committee on Municipal Government, as previously recorded in the Journal of the Senate; that the record on said bill in the Journal of December 21 be made to read as follows: "The report of the committee, which was favorable to the passage of the bill as amended, was agreed to." Unless the foregoing correction be made the record on House Bill No. 262 will be inconsistent, as a matter of fact, with the action of the Senate Committee and the obviously expressed intention of the Senate itself in adopting the report of its committee on the passage of said bill, the clear effect of which would be an irregular passage of said bill, while on the other hand, the above stated correction will make the record consistent, will make the adoption of the committee report properly include the words "as amended" as is shown clearly to have been the intention and purpose of the Senate, and, in proper effect will carry enactment of the committee amendment to said House Bill No. 262 as was also the clearly obvious purpose of the Senate. The foregoing written motion by Senator Almand of the 50th District was adopted. The Journal of the Senate for Tuesday, December 21, 1937, was reconfirmed. MoNDAY, jANUARY 3, 1938. 565 The Journal of the Senate for Wednesday, December 22, 1937, was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Special orders of the day. 7. Putting on passage general Senate and House bills ready for third reading. The consent was granted. The following resolution of the Senate was read and adopted By Senators Millican of the 52nd District, Atkinson of the 1st District, and others- Senate Resolution No. 38. A resolution welcoming the Secretary of the Senate, Han. John W. Hammond, back to his post of duties after an extended illness and wishing for him a continued speedy recovery. The following resolution of the Senate was read the first time and referred to the committee: By Senator Harrison of the 17th District- Senate Resolution No. 39. A resolution inviting the Town of Hapeville to donate its "Worrying Rock" to the State to be placed on the lawn of the Statehouse for the use of legislators, the Governor, and others. Referred to Committee on Public Welfare. 566 JouRNAL oF THE SENATE, Senator Thrasher of the 27th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Public Welfare, read a second time, and recommitted to the Committee on Public Welfare: By Senator Thrasher of the 27th District- Senate Bill No. 88. A bill to prohibit members of the General Assembly from holding other State employment, appointment or office; to provide a penalty therefor; and for other purposes. The consent was granted, the bill given a second reading and recommitted. The following bill of the Senate was introduced, read the first time, and referred to the committees: By Senator Horne of the lOth District- Senate Bill No. 90. A bill authorizing the State Board of Health to promulgate rules and regulations relating to venereal diseases, and for other purposes. Referred to Committee on Hygiene and Sanitation. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, ta-wit: By Mr. Moore of Haralson- House Bill No. 358. A bill to be entitled an Act amending an Act consolidating the office of Tax Collector and Tax Receiver in Haralson County, Georgia, and for other purposes. By Mr. Jones of Jenkins- House Bill No. 331. A bill to be entitled an Act to amend an Act approved August 8, 1922 (Ga. Laws 1922, pages 389-391) amending the Act creating the Board of Commissioners of Roads and Revenues for the County of Jenkins, and for other purposes. MoNDAY, jANUARY 3, 1938. 567 By Mr. Patten of Cook- House Bill No. 342. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, so as to allow the Town of Sparks to incur a bonded indebtedness in addition to that heretofore allowed, and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 351. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Montgomery County at $3,000.00, and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 350. A bill to be entitled an Act to abolish the County Court of Clinch County, Georgia, and for other purp()ses. By Mr. Middleton of Dade- House Bill No. 336. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, Georgia, and creating the office of Tax Commissioner, and for other purposes. By Mr. Holt of Appling- House Bill No. 311. A bill to be entitled an Act amending the Constitution of Georgia authorizing the City of Baxley to refund indebtedness, and for other purposes. Senator Jackson of the 14th District, Chairman of the Com- mittee on Counties and County Matters, submitted the follow- ing report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 330. Do pass. House Bill No. 329. Do pass. 568 JouRNAL OF THE SENATE, House Bill No. 215. Do pass. House Bill No. 195. Do pass. House Bill No. 107. Do pass. Respectfully submitted, JAcKsoN, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 256. Do pass. Respectfully submitted, PATTEN, Chairman. The following bills of the House, favorably reported by the committees, were read a second time: By Messrs. Harris and Lanier of Richmond- House Bill No. 107. A bill amending the Act providing for the appointment of an Assistant Solicitor-General in lieu of a special criminal bailiff in counties of a certain population, and for other purposes. By Mr. Dugas of White- House Bill No. 195. A bill requiring advance court costs in divorce proceedings in counties having a certain population, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 215. A bill providing for three terms of the Superior Court of Wilcox County, and for other purposes. MoNDAY, JANUARY 3, 1938. 569 By Mr. Rawlins of Ben Hill- House Bill No. 256. A bill amending the Act which provides the qualifications and the manner of selecting members of the County Board of Education in Ben Hill County, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 329. A bill repealing the Act providing for two additional terms of the Superior Court of Bryan County, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 330. A bill establishing the City Court of Pembroke in Bryan County, and for other purposes. The following resolutions of the House were read the first time and referred to the committees: By Messrs. Palmour and Phillips of Hall- House Resolution No. 29. A resolution amending the Constitution so as to authorize the City of Gainesville to refund certain bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Messrs. Allison and Tapp of Gwinnett, and others- House Resolution No. 64. A resolution naming State Highway No. 13 by Norcross as "The Bona Allen Memorial Highway," and for other purposes. Referred to Committee on Highways and Public Roads. The following bills of the House were read the first time and referred to the committees: By Messrs. Sams, Candler, and Turner of DeKalb- House Bill No. 71. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. 570 JouRNAL oF THE SENATE, By Mr. Holt of Appling- House Bill No. 80. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Clark of Catoosa and Mavity of Walker- House Bill No. 88. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Booth of Barrow- House Bill No. 92. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Booth of Barrow- House Bill No. 93. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Lewallen of Banks- House Bill No. 94. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Corbett of Atkinson- House Bill No. 95. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. MoNDAY, JANUARY 3, 1938. 571 By Mr. Pirkle of Forsyth- House Bill No. 96. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Corbett of Atkinson, Houze of Lowndes, and others- House Bill No. 109. A bill to amend the Highway Mileage Act by adding additional mileage 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. 110. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Barnard of Towns- House Bill No. 115. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Jones of Brantley- Hause Bill No. 130. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Thomas of Chattooga, Mavity and Sartain of Walker- House Bill No. 134. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. 572 JouRNAL oF THE SENATE, By Mr. Patten of Cook- House Bill No. 143. A bill to amend the Constitution so as to authorize the City of Adel to refund bonds, and for other purposes. Referred to Committee on Amendments to the Constitution. By Messrs. Freeman and Weaver of Bibb- House Bill No. 148. A bill amending the Constitution so as to authorize the City of Macon to make temporary loans, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. Reid of Wilcox- House Bill No. 158. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Newton ofToombs- House Bill No. 162. A bill to amend the Constitution so as to authorize the City of Vidalia to incur a bonded indebtedness in addition to that heretofore authorized, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. Newton ofToombs- House Bill No. 163. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Croker of Paulding, Welsch of Cobb, and Moore of Haralson- House Bill No. 165. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. MoNDAY, JANUARY 3, 1938. 573 By Mr. DeFoor of Mcintosh- House Bill No. 171. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Musgrove of Clinch and Herrin of Echols- Hause Bill No. 174. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Sanders of Coweta and Mrs. Mankin of Fulton- House Bill No. 177. A bill abandoning a road in Land Lot 63 of Fulton County, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union- House Bill No. 182. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Larsen of Laurens- House Bill No. 183. A bill amending the Constitution so as to authorize the City of Dublin to incur a bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Messrs. Hart and Sanders of Coweta- House Bill No. 184. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads, 574 JouRNAL OF THE SENATE, By Messrs. Hart and Sanders of Coweta- House Bill No. 185. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Grayson, MeNall, and Cohen of Chatham- House Bill No. 186. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Candler, Sams, and Turner of DeKalb- House Bill No. 199. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Bridges of Early- House Bill No. 213. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Ferguson of Sumter- House Bill No. 214. A bill to amend the Highway Mileage Act by adding additional mileage 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. 224. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. MoNDAY, jANUARY 3, 1938. 575 By Mr. Jones of Brantley- Hause Bill No. 228. A bill changing from the fee to the salary system in certain counties of Georgia, the Clerk of the Superior Court, the Sheriff and the Ordinary, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Smith and Jones of DodgeHouse Bill No. 232. A bill amending the Constitution so as to authorize the City of Eastman to issue refunding bonds, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. McCracken of JeffersonHouse Bill No. 238. A bill amending the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Adams of Franklin- House Bill No. 241. A bill amending the State Highway Mileage Act by adding additional mileage in Franklin County, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Harris and Lanier of RichmondHouse Bill No. 246. A bill amending the State Highway Mile- age Act by adding additional mileage in Richmond County, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Salter of Baker and Bridges of Early- House Bill No. 258. A bill amending the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Oden of PierceHouse Bill No. 261. A bill amending the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. 576 JouRNAL o:F THE SENATE, By Messrs. Lewallen of Banks and Phillips and Palmour of Hall- House Bill No. 263. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Allison and Tapp of Gwinnett- House Bill No. 279. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Jackson of HabershamHouse Bill No. 283. A bill amending the State Highway Mile- age Act by adding additional mileage in Habersham County, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Dampier and Larsen of LaurensHouse Bill No. 291. A bill providing for special criminal bailiffs in counties having a population of 35,000 or more, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. McCracken of JeffersonHouse Bill No. 292. A bill amending the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Rowland of Johnson and Rountree of EmanuelHouse Bill No. 300. A bill amending the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Cogdell of Glynn and Hodges of Liberty- House Bill No. 305. A bill authorizing Chatham, Bryan and other counties to enact zoning laws with reference to the State Highways, and for other purposes. Referred to Committee on Counties and County Matters. MoNDAY, jANUARY 3, 1938. 577 By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham- House Bill No. 314. A bill relating to fishing in ponds and lakes in certain counties in Georgia, and for other purposes. Referred to Committee on Game and Fish. By Mr. Striplin of Heard. House Bill No. 315. A bill amending the State Highway Mileage Act by adding additional mileage in Heard County, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Middleton of DadeHouse Bill No. 317. A bill amending the State Highway Mile- age Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Daves of Dooly- House Bill No. 318. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Harris and Lanier of Richmond- House Bill No. 319. A bill amending the Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Adams of Franklin- House Bill No. 327. A bill amending the Highway Mileage Act by adding additional mileage for Franklin County, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 332. A bill amending the Highway Mileage Act by adding additional mileage for Floyd County, and for other purposes. Referred to Committee on Highways and Public Roads. 578 JouRNAL oF THE SENATE, By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow- House Bill No. 333. A bill amending the Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Davis, Keel, and Lanham of Floyd, and Jones of Bartow- House Bill No. 334. A bill amending the Highway Mileage Act by adding additional mileage for Floyd and Bartow Counties, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 335. A bill amending the Highway Mileage Act by adding additional mileage, 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. 337. A bill amending the Highway Mileage Act by adding additional mileage, 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. 349. A bill creating a new charter for the City of Atlanta, and for other purposes. Referred to Committee on Municipal Government. By Mr. Holt of Appling- House Bill No. 311. A bill amending the Constitution so as to authorize the City of Baxley to refund indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. Jones of Jenkins- House Bill No. 331. A bill amending the Act creating the MoNDAY, jANUARY 3, 1938. 579 Board of Commissioners of Roads and Revenues for the County of Jenkins, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Middleton of Dade- House Bill No. 336. A bill abolishing the offices of Tax Collector and Tax Receiver of Dade County, and creating the office of Tax Commissioner, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Patten of Cook- House Bill No. 342. A bill amending the Constitution so as to allow the Town of Sparks to incur additional bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. Musgrove of Clinch- House Bill No. 350. A bill abolishing the County Court of Clinch, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Warnock of Montgomery- House Bill No. 351. A bill fixing the amount of the bond of the Sheriff of Montgomery County at $3,000.00, and for other . purposes. Referred to Committee on Counties and County Matters. By Mr. Moore of Haralson- House Bill No. 358. A bill amending an Act consolidating the offices of Tax Collector and Tax Receiver in Haralson County, and for other purposes. Referred to Committee on Counties and County Matters. The following resolution of the House was read and adopted: By Mrs. Mankin and Messrs. Hastings and Kendrick of FultonHou~e Resolution No. 92. A resolution urgmg a Christmas 580 JouRNAL oF THE SENATE, display each year in honor of Hon. D. F. McClatchey, deceased, and for other purposes. The following bill of the Senate, having been set as a special order of business for today, was taken up for consideration: By Senator Millican of the 52nd District- Senate Bill No. 76. A bill to amend an Act approved March 18, 1937 (Georgia Laws 1937) entitled" Motor Fuel Tax Law," and for other purposes. The report 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 Burgin of the 24th District- Senate Resolution No. <10. A resolution requesting the House to give immediate consideration to Senate Bill No. 73, known as the Burgin Bill, and for other purposes. The following resolution of the Senate was read the third time: By Senator Hardman of the ;)3rd DistrictSenate Resolution ~o. 23. A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article V, Section I, Paragraph II, of the Constitution of Georgia, changing the terms of office of the Governor and other constitutional State officers, fixing the salary of the Governor, and making him ineligible to reelection for four years, and for other purposes. Senator Lindsay of the 34th District moved that further consideration of Senate Resolution No. 23 be indefinitely postponed. The motion prevailed. Senator Atkinson of the 1st District gave notice of a motion that the Senate reconsider its action in having indefinitely postponed further consideration of Senate Resolution No. 23. MoNDAY, jANUARY 3, 1938. 581 The following resolution of the Senate was read the third time: By Senator Peebles of the 18th District- Senate Resolution No. 25. A resolution proposmg to the qualified voters, for ratification or rejection, an amendment to Paragraph 1, Section 1, Article 7 of the Constitution of Georgia, so as to enable the General Assembly to exercise the power of taxation for the purpose of the support of county Government, and for other purposes. Senator Peebles of the 18th District asked unanimous consent that Senate Resolution No. 25 be recommitted to the Committee on Amendments to the Constitution, and the consent was granted. Senator Johnson of the 42nd District moved that the Senate recess at 12:30 o'clock today to reconvene at 1:30 o'clock P. M. for an afternoon session and the consent was granted. The following bill of the Senate was read a third time and put upon its passage: By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District- Senate Bill No. 28. A bill to be entitled an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State of Georgia, and for other purposes. Senator Pope of the 7th District asked unanimous consent that consideration of Senate Bill No. 28 be section by section on each section having amendments thereto and the consent was granted. The hour of 12:30 o'clock P. M. having arrived the President announced that the Senate stood recessed until1 :30 o'clock P. M. today. The hour of 1:30 o'clock P. M. having arrived the President called the Senate to order. The following message was received from the House through Joe Boone, the Clerk thereof: 582 JouRNAL oF THE SENATE, Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Phillips and Palmour of Hall- House Resolution No. 99. A resolution commending President Franklin D. Roosevelt upon creation of the National Foundation for the fight against Infantile Paralysis and declaring January 29 of this year a State holiday in honor of his birthday. Consideration of Senate Bill No. 28, known as the Corporations Act, and amendments thereto, was resumed. The following amendments to Senate Bill No. 28 were read and adopted: By the Committee: To amend Section 2 by adding to the end thereof the following: "Nevertheless, the Judge shall not grant any application until there is presented to him a certificate from the Secretary of State declaring that the name of the proposed corporation is not the name of any other then existing corporation registered in the records of the Secretary of State. The Judge may in his discretion require additional evidence that the name is not the name of another corporation." By Senator Pope of the 7th District- To amend Section 2 of Senate Bill No. 28 by adding after the word "appear" in line 4 the words "to the Judge." By the Committee- To amend Section 3 by striking that portion of Section 3 appearing on page 4 following the colon at the bottom of page 3 and substituting in lieu thereof the following: "Fifteen cents per 100 words for recording the charter and Five ($5.00) Dollars for other services required of the Clerk in connection with the application for the charter; and applicants shall also submit to the' Clerk an affidavit from any duly authorized agent of the newspaper in which the Sheriff's sales (as MoNDAY, jANUARY 3, 1938. 583 of the date of filing said petition) in said county are advertised that there has been deposited with said newspaper the cost of publishing four insertions on four different days the said application for charter, with the order of the Judge thereon. The first of said advertisements shall appear in the first edition of said newspaper published after the date of said payment. However, it shall not be necessary that any or all of the advertisements appear before the petition is granted and filed by the Clerk." By the Committee- To amend Section 4 by striking the whole thereof and substituting in lieu the following: "Upon said declaration being filed with the Clerk and the fees being paid, as aforesaid, said Clerk shall forthwith deliver to the applicants or their attorney two (2) certified copies of said application for charter, the Order of the Judge thereon, and the filing of the Clerk thereon, and receipt for the costs which have been paid to the Clerk." By the Committee- To amend the committee amendment to Section 4 by adding at the end thereof the following: "Advertisement for four consecutive days shall be deemed a compliance with this Act." By the Committee- To amend Section 7 by adding at the end of the 21st line the following: "Where, however, a maximum authorized number of shares, or a maximum par value of the capital stock, has been authorized by the original charter, the stockholders may, without charter amendment, by a two-thirds majority vote, in the manner herein provided, increase or decrease, or re-classify the number of outstanding shares of the par value, or shares without par value, between the maximum authorized capitalization and the minimum allowed by the terms of this Act." By the Committee- To amend Section 8 by striking that portion of Section 8 584 JouRNAL OF THE SENATE, beginning with the last sentence on page 8, which sentence begins at the end of the eighth line from the bottom of page 8, up to and through the end of the first sentence beginning on page 9, which sentence ends on the thirteenth line of page 9, and substituting in lieu thereof the following: "The corporation shall thereupon cause the application, with the order of the Judge thereon, to be filed in the Office of the Clerk of the Superior Court, together with a fee of Five Dollars ($5.00) and fifteen cents (15) per 100 words for recording the same, and an affidavit that the fee for legal advertising has been paid as is provided in Section 3 for charter applications; and the Clerk of the Superior Court shall furnish to the corporation two (2) certified copies of the same and of the entries of filing thereon; and the corporation shall deliver the two (2) certified copies to the Secretary of State who shall retain one and shall attach to the other a certificate stating that the amendment to the charter has been granted as stated herein on the date named in the order of the Judge and that a certified copy thereof has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. All amendments shall be advertised in like manner as is provided for the advertisement of applications for the creation of a corporation." By Senator Pope of the 7th District- To amend Section 9 by adding a new sub-section to be number Section "h," the following: "To amend or renew its Charter." By the Committee- To amend Section 10 by adding at the end of the 138th line, the following: "(j) All of the foregoing powers, as well as those enumerated in Section IX. supra, shall be conferred upon, and shall be exercisable by any corporation incorporated or re-incorporated under the terms of this Act, without reference specifically made thereto in the petition for incorporation, or re-incorporation." By Senator Pope of the 7th District- To amend Section 17 by striking the word "in" in line 3 and substituting the word "on." MoNDAY, jANUARY 3, 1938. 585 By the Committee- To amend Section 18 by striking that portion of same relating to filing the petition with the Clerk of the Court beginning with the sentence starting in the eleventh line from the bottom of page 23 and ending at the end of the sentence terminating in the first line at the top of page 24, and substituting in lieu thereof the following: "This petition with the Order thereon shall be filed in the office of the Clerk of the Superior Court and the same fees paid to the Clerk as are provided hereinbefore upon the creation of a corporation, together with an affidavit of the payment of the cost for legal advertising as is hereinbefore provided upon the creation of a corporation. The petition with the Order thereon shall be advertised in the same manner as an application for the creation of a corporation. The Clerk of the Superior Court shall deliver to the petitioner two (2) certified copies of the said petition and the Order thereon which shall be delivered by the petitioner to the Secretary of State, together with the fees hereinbefore provided to be paid to the Secretary of State upon the original creation of a corporation." By Senator Pope of the 7th District- To amend Section 18 by adding the word "legal" immediately after the word "has" and before the word "custody" in 5th line from the end of 2nd paragraph of Section 18. By the Committee-- To amend Section 25 by striking from the 26th line thereof the words: "Any meetings of stockholders or incorporators may be held either within or without this State" and inserting in lieu thereof the following: "All meetings of stockholders and incorporators shall be held within this State. Meetings of directors may be held either within or without this State." By Senator Pope of the 7th District- To amend Section 28 by striking it in its entirety and renumber following sections accordingly. 586 JouRNAL OF THE SENATE, By the Committee- To amend Section 44 by adding at the end of said Section the following words: "Nor shall this Act affect the rights, privileges or liabilities heretofore or hereafter acquired under existing domestication laws." By the Committee-- To amend Senate Bill No. 28 by adding an additional section between 45 and 46, to be known as Section 45A, as follows: "None of the terms of this Act shall apply to corporations excepted from the provisions of this Act under the terms of Section 1 hereof." The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended. 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. The following privilege resolutions were read and adopted: By Senator Kimbrough of the 25th District- A resolution extending the privileges of the floor to Hon. R. E. O'Neal and Hon. Henry Mobley of Harris County, Georgia. By Senator Clements of the 9th District- A resolution extending the privileges of the floor to Hon. Billie Kimbrough of Harris County, Georgia. Senator Almand of the 50th 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. TuESDAY, jANUARY 4, 1938. 587 SENATE CHAMBER, ATLANTA, GA., TuESDAY, JANUARY 4, 1938. 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 Williams of the 5th District, member 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 gave notice that at the proper time he would move that the Senate reconsider its action in indefinitely postponing action on Senate Resolution No. 23. Senator Atkinson of the 1st 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 indefinitely postponing consideration of Senate Resolution No. 23, a proposed Constitutional amendment, changing the terms of office of the Governor and other constitutional State officers. The motion prevailed and Senate Resolution No. 23 was placed at the foot of the calendar. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 588 JouRNAL o:F THE SENA'r, 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Special orders. 7. Putting on 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 Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Mr. Gross of Stephens- House Bill No. 242. A bill to be entitled an Act authorizing the State Highway Board to use any funds available to them for the purpose of matching any Federal funds, and for other purposes. The House has passed as amended the following resolution of the Senate, to-wit: By Senator Chason of the Sth District- Senate Resolution No. 11. 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 or other care and hospitalization for the indigent sick people of the county, and for other purposes. 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 have had under consideration the following bill of the House and have instructed me, as TuESDAY, jANUARY 4, 1938. 589 Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 308. Do pass. 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 313. Do pass. House Bill No. 289. Do pass. House Bill No. 325. Do pass, as amended. House Bill No. 326. Do pass. Respectfully submitted, PEEBLES, 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 have had under consideration the following bills and resolutions of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 24. Do pass. Senate Bills Nos. 84 and 89. Do pass. House Resolution No. 29-128b. Do pass. 590 JouRNAL OF THE SENATE, House Bills Nos. 148, 143, 162, 183, 232, 311, and 342. Do pass. Respectfully submitted, PoPE, 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 have had under consideration the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Resolution No. 64-298b. Do pass. Respectfully submitted, PHILLIPS, Chairman. 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. 84. A bill to amend Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize the City of Baxley to issue refunding bonds, and for other purposes. By Senator Patten of the 6th District- Senate Bill No. 89. A bill to amend the Constitution by creating a new Senatorial District to be composed of the counties of Lanier, Lowndes, and Echols, and for other purposes. The following resolutions of the House, favorably reported by the committees, were read the second time: By Messrs. Palmour and Phillips of Hall- House Resolution No. 29. A resolution proposing an amendment to the Constitution authorizing the City of Gainesville to refund certain bonded debts, and for other purposes. TuESDAY, jANUARY 4, 1938. 591 By Messrs. Allison and Tapp of Gwinnett, and others- House Resolution No. 64. A resolution naming State Highway No. 13 by Norcross as "The Bona Allen Memorial Highway," and for other purposes. The following resolution of the Senate, favorably reported by the committee, was read the second time: By Senator Robinson of the 1:3th District- Senate Resolution No. 24. A resolution defining those entitled to old age assistance and limiting the amount thereof, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Patten of Cook- House Bill No. 143. A bill amending the Constitution so as to authorize the <:;:ity of Adel to refund bonds, and for other purposes. By Messrs. Freeman and Weaver of Bibb- House Bill No. 148. A bill amending the Constitution so as to authorize the City of Macon to make temporary loans, and for other purposes. By Mr. Newton of Toombs- Hause Bill No. 162. A bill to amend the Constitution so as to authorize the City of Vidalia to incur a bonded indebtedness, and for other purposes. By Mr. Larsen of Laurens- House Bill No. 183. A bill amending the Constitution so as to authorize the City of Dublin to incur a bonded indebtedness, and for other purposes. By Messrs. Smith and Jones of Dodge- House Bill No. 232. A bill to amend the Constitution so as to authorize the City of Eastman to issue refunding bonds, and for other purposes. 592 JouRNAL oF THE SENATE, By Messrs. Harris and Lanier of Richmond- House Bill No. 289. A bill to authorize counties of certain population to enact zoning laws, and for other purposes. By Mr. Key of Jasper- House Bill No. 308. A bill prohibiting the licensing of game or bird traps in the County of Jasper, and for other purposes. By Mr. Holt of Appling- House Bill No. 311. A bill amending the Constitution so as to authorize the City of Baxley to refund a bonded indebtedness, and for other purposes. By Mr. Zellner of Monroe- House Bill No. 313. A bill to amend an Act codifying the Acts incorporating the City of Forsyth, and for other purposes. By Mr. Ragan of Pulaski- House Bill No. 325. A bill to amend the charter of the City of Hawkinsville, and for other purposes. . By Mr. Ragan of Pulaski- House Bill No. 326. A bill to amend the Act creating the charter of the City of Hawkinsville, and for other purposes. By Mr. Patten of Cook- House Bill No. 342. A bill to amend the Constitution so as to allow the Town of Sparks to incur a bonded indebtedness, and for other purposes. The following bills of the House were read the third time and put upon their passage: By Messrs. Harris and Lanier of Richmond- House Bill No. 107. A bill amending the Act providing for the appointment of an Assistant Solicitor-General in lieu of a Special Criminal Bailiff in Richmond County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. TuESDAY, }ANUARY 4, 1938. 593 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. Dugas of White- House Bill No. 195. A bill requiring the plaintiff in all divorce cases to pay certain fees to the Clerk of Court and Sheriff of White County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Reid of Wilcox- House Bill No. 215. A bill providing for three terms of court 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 30, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Rawlins of Ben Hill- House Bill No. 256. A bill amending the Act with reference to the election of the members of the County 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 30, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Warnell of BryanHouse Bill No. 329. A bill repealing the Act that provided 594 JouRNAL OF THE SENATE, for additional terms of the Superior Court 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 31, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Warnell of Bryan- House Bill No. 330. A bill creating the City Court of Pembroke in 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 33, the nays 0. The bill having received the requisite constitutional majority was passed. The following resolution of the Senate was read and adopted: By Senators Spivey of the 16th District, Atkinson of the 1st District, and Pope of the 7th District- Senate Resolution No. 41. A resolution deploring the death of Hon. Robert L. Moye, of Cuthbert, Georgia, a former member of both the House and Senate of Georgia, and a brother of the distinguished Senator from the 11th District, and extending to the members of his family the sincere sympathy of the Senate. The following resolution of the House was read and adopted: By Messrs. Phillips and Palmour of Hall- House Resolution No. 99. A resolution commending President Franklin D. Roosevelt upon creation of the National Foundation for the fight against Infantile Paralysis and declaring January 29th of this year a State Holiday in honor of his birthday, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: TUESDAY, JANUARY 4, 1938. 595 By Senator Pope of the 7th District- Senate Bill No. 91. A bill amending the Income Tax Laws with reference to corporations, and for other purposes. Referred to Committee on Finance. By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District- Senate Bill No. 92. A bill prescribing the compensation of the chairman and members of the Industrial Board, and for other purposes. Referred to Committee on Industrial Relations. The following bill of the House was read the first time and referred to the committee: By Mr. Gross of Stephens- House Bill No. 242. A bill authorizing the State Highway Board to use available funds for the purpose of matching federal funds, and for other purposes. Referred to Committee on Highways and Public Roads. Senate Resolution No. 11, a proposed amendment to the Constitution to permit the General Assembly to delegate to any county the right to levy a tax for purpose of furnishing medical care and hospitalization, was taken up for the purpose of considering the following House amendment thereto: By Mr. Kendrick of Fulton- To amend Senate Resolution No. 11 by striking from line 22 of the said Act the following words, to-wit, "authorized" and the words, "one mill," and substituting in lieu of the word "authorized" the following words, to-wit, "directed upon the request of the Board of Education of such County annually;" and substitute in lieu of the words, "one mill," the words "one and one-half mills." Senator Lindsay of the 34th District moved that the Senate disagree with the House amendment to Senate Resolution No. 11 and the motion prevailed. 596 JouRNAl. OF THE SENATE, Senator Patten of the 6th District moved that Senate Bill No. 47 be taken from the table and placed upon the calendar and the motion prevailed. The following bills of the Senate were read the third time and put upon their passage: By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 63. A bill to provide that in all criminal sentences and records the words "public work camp" shall be used in lieu of the words "chain gang"; to provide that every chain gang in this State shall be known as a public work camp; and for other purposes. The report 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 1. The bill having received the requisite constitutional majority was passed. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 64. A bill to provide that in all cases in which a defendant is sentenced to electrocution the trial judge must direct that the sentence be executed by the State Board of Penal Administration; to provide an effective date for this Act; and for other purposes. The following amendment was offered by Senator Lindsay of the 34th District: To amend Senate Bill No. 64 as follows: By striking the words in Section 2 "January 1st, 1938" and inserting in lieu thereof the words "immediately upon its passage and approval." The amendment was adopted. The following amendment was offered by Senator Ennis of the 20th District: TuESDAY, jANUARY 4, 1938. 597 To amend Senate Bill No. 64 as follows: By adding after line five (5) in Section One (1) the following words, "However, no Executions shall be held at the old Prison Farm in Baldwin 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 36, the nays 1. The bill having received the requisite constitutional majority was passed, as amended. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 65. A bill to amend an Act relating to exofficio members of the State Prison Commission, by abolishing ex-officio members, and for other purposes. The report 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 3. The bill having received the requisite constitutional majority was passed. By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 67. A bill to define procedure in the trial of certain criminal cases, also authorizing the trial judge to suspend sentence or probate the defendant, and for other purposes. Senators Lindsay of the 34th District and Purdom of the 46th District offered the following amendment to Senate Bill No. 67: To amend Section 4 thereof by striking the words and figures "January 1, 1938," and substituting in lieu thereof the words "upon passage and approval." The amendment was adopted. 598 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, the ayes were 29, the nays 5. The bill having received the requisite constitutional majority was passed, as amended. By Senators Burgin of the 24th District, Neely of the 36th District, and Whitehead of the 30th District- Senate Bill No. 50. A bill to be entitled :m Act to increase the members of the Milk Control Board to seven, and for other purposes. Senator Thrasher of the 27th District offered the following amendment to Senate Bill No. 50: To amend by adding after the words "engaged in official function of the Board" in paragraph 3 the following words "and no member shall serve more than 5 days each month." The amendment was adopted. Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 50: To amend by adding the following words at the end of Section 1 and at the end of line 3 of page 2 of the bill: "To amend further by adding the following proviso: 'Provided, however, the Milk Board shall not pass any rule or regulation requiring all milk to be pasteurized.' The amendment was adopted. Senator Turner of the 35th District moved the previous question on Senate Bill No. 50 and the motion prevailed. 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 2. The bill having received the requisite constitutional majority was passed, as amended. TuESDAY, jANUARY 4, 1938. 599 The following bill of the Senate was taken up for consideration: By Senator Patten of the 47th District- Senate Bill No. 47. A bill to be entitled an Act to amend Section 1 of Article VIII of the Constitution of the State of Georgia, and for other purposes. Senator Patten of the 6th District offered the following amendments to Senate Bill No. 47: To amend Section 1 thereof, by inserting the word "other" in line six (6) between the words "and school," and by inserting the word" other" after the word" and" in line 7 and in line 15. To further amend by adding at the end of Section 1, the following, to-wit: "provided, however, no such legislation shall authorize the State or any such county or other Board of Education to contribute more than two (2%) per cent of the monthly salary to such retirement fund and that the teachers and other school employees shall be required to contribute a like amount." The amendments by Senator Patten of the 6th District 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, 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 Forrester Fowler Hampton Hardman Holmes Horne Jackson Johnson Jones Kimbrough Knabb Lindsay l'Wllican Neely Patten Peterson Phillips Pope Pruett Sammon Sikes Sutton Thrasher Walker Williams 600 JouRNAL OF THE SENATE, Those voting in the negative were Senators: Harrison Moye Terrell Turner Whitehead Verification of the roll call was dispensed with. The ayes were 36, the nays 5. The bill having received the reqms1te two-thirds constitutional majority was passed, as amended. Not voting were: Senators Burgin of the 24th District, Griner of the 45th District, Harrell of the 12th District, McCutchen of the 43rd District, McKenzie of the 48th District, Peebles of the 18th District, Purdom of the 46th District, Robinson of the 13th District, Shannon of the 21st District, and Shedd of the 3rd District. Senate Bill No. 47 as passed by the Senate read as follows: A BILL To be entitled an Act to amend Section 1 of Article VIII of the Constitution of the State of Georgia by authorizing the General Assembly to enac! laws creating a state-wide retirement system and laws providing for the tenure of office for all school teachers and school employees of the State, and to enact laws authorizing any County Board of Education or the Board of Education of any independent or local school system to create such retirement and tenure rules for teachers and employees of such system. 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, to-wit: By adding to Section 1 of Article VIII thereof a section to be known as Paragraph II as follows, to-wit: "The General Assembly shall have authority to enact laws establishing .a system of retirement pay for all school teachers and other school employees and to enact laws to provide for the tenure of office of all school teachers and other school employees of the State. The General Assembly shall also have authority TuESDAY, JANUARY 4, 1938 601 to enact laws authorizing any County Board of Education or any Board of Education of a municipal or other independent or local school system in the State of Georgia to create a retirement fund and a system of retirement pay for the teachers and other employees of the school system under its control, and it shall also have authority to enact laws authorizing any such board to establish rules of tenure of office for the teachers and other employees of the school system under its control. Such legislation need not have uniform operation throughout the State; provided, however, no such legislation shall authorize the State or any such county or other Board of Education to contribute more than two (2%) per cent of the monthly salary to such retirement fund and that the teachers and other school employees shall be required to contribute a like amount." Sec. 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. Sec. 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 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 Section 1 of Article VIII of the Constitution authorizing the Legislature to enact laws relating to retirement pay and tenure of office for school teachers and employees"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratifica- 602 JouRNAL oF THE SENATE, tion of amendment to Section 1 of Article VIII of the Constitution authorizing the Legislature to enact laws relating to retirement pay and tenure of office for school teachers and employees." 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. Sec. 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 following privilege resolutions were read and adopted: By Senator Harrison of the 17th District- A resolution extending the privileges of the floor to Han. W. E. Alwood, a leading citizen of southeast Georgia and a native of Millen. By Senator Turner of the 35th District- A resolution extending the privileges of the floor to Han. W. M. Berry and Han. A. 0. Sawell, County Commissioners of Henry County, Georgia. 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 morning at 10:00 o'clock. \VEDNESDAY, jANUARY 5, 1938. 603 SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, jANUARY 5, 1938. 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 President announced the untimely death of Hon. William \Vashington Larsen of Dublin, Georgia, a former member of Congress from Georgia, and appointed as a committee to draw suitable resolutions the following members of the Senate, to-wit: Senators Williams of the 5th District, and Harrison of the 17th District. 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 Disttict, 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 52nd 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, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 604 JouRNAL OF THE SENATE, 6. Putting on passage general 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 Senators Almand of the 50th District and Whitehead of the 30th District- Senate Bill No. 93. A bill amending the Traylor-Neill Act by adding additional mileage in the City of Carrollton in Madison County, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Allen of the 31st District- Senate Bill No. 94. A bill providing for the relief of sureties on bail bonds and criminal recognizances in certain cases, and for other purposes. Referred to Committee on Speci~l Judiciary. By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District- Senate Bill No. 95. A bill requiring the appointment of the Federal Savings and Loans Insurance Corporation as receiver of a Building and Loan Association and granting the Federal Savings and Loans Insurance Corporation other powers, and for other purposes. Referred to Committee on Insurance. By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District- Senate Bill No. 96. A bill defining the shares of State Chartered Building and Loan Associations and Federal Savings and Loan Associations up to $5,000 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations, and for other purposes. Referred to Committee on Insurance. WEDNESDAY, JANUARY 5, 1938. 605 By Senators Neely of the 36th District and Kimbrough of the 25th District- Senate Bill No. 97. A bill to amend the charter of the City of Manchester, and for other purposes. Referred to Committee on Municipal Government. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Messrs. Whipple of Bleckley, Key of Jasper, Lanham and Davis of Floyd, and Ferguson of Sumter- House Bill No. 229. A bill to be entitled an Act to amend the Malt Beverage Act of 1935 (Ga. L. 1935, pp. 73-81) and Acts amendatory thereof, and for other purposes. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 331. Do pass. Respectfully submitted, JACKSON, 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 have had under ~onsideration the following bill of the House and have instructed 606 JouRNAL OF THE SENATE, me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 323. Do pass. Respectfully submitted, PEEBLES, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 314. Do pass. Respectfully submitted, AuLTMAN, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 336. Do pass. House Bill No. 351. Do pass. House Bill No. 350. Do pass, by substitute. Respectfully submitted, JACKSON, Chairman. Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report: WEDNESDAY, JANUARY 5, 1938. 607 Mr. President: Your Committee on Highways and Public Roads have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 186. Do pass. House Bill No. 334. Do pass. House Bill No. 335. Do pass. House Bill No. 332. Do pass. House Bill No. 333. Do pass. House Bill No. 317. Do pass, as amended. House Bill No. 177. Do pass. Respectfully submitted, PHILLIPS, Chairman. The following bill of the House was read the first time and referred to the committee: By Messrs. Whipple of Bleckley, Key of Jasper, and others- House Bill No. 229. A bill amending the Malt Beverage Act of 1935 with reference to the distribution of the taxes derived therefrom, and for other purposes. Referred to Committee on Temperance. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Sanders of Coweta and Mrs. Mankin of Fulton- House Bill No. 177. A bill abandoning a road in Land Lot 63 of Fulton County and for other purposes. By Messrs. Grayson, McNall, and Cohen of Chatham- House Bill No. 186. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. 608 JouRNAL o:r THE SENATE, By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham- House Bill No. 314. A bill to amend the Act with reference to fishing in ponds and lakes in certain counties, and for other purposes. By Mr. Middleton of Dade- House Bill No. 317. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Allison of Gwinnett- House Bill No. 323. A bill to authorize the City of Lawrenceville to enact zoning ordinances, and for other purposes. By Mr. Jones of Jenkins- House Bill No. 331. A bill amending the Act creating the Board of Commissioners of Roads and Revenues for Jenkins County, and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 332. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd and Jones of Bartow- House Bill No. 333. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd and Jones of Bartow- House Bill No. 334. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 335. A bill to amend the Highway Mileage WEDNESDAY, jANUARY 5, 1938. 609 Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Middleton of Dade- House Bill No. 336. A bill amending the Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, and creating the office of Tax Commissioner, and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 350. A bill abolishing the county court of Clinch County, and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 351. A bill fixing the amount of the bond of the Sheriff of Montgomery County at $3,000.00, and for other purposes. The following bills and resolution of the House were read the third time and put upon their passage: By Mr. Patten of Cook- House Bill No. 143. 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 of Adel 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 July 1, 1937, and which becomes due up to and including July 1, 1942; 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 July 1, 1942; to authorize the City of Adel 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 extending, enlarging, repairing, constructing and maintaining the water works, sewerage and electric 610 JouRNAL oF THE SENATE, systems of the City of Adel: 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 same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia which has heretofore been amended shall be further amended bv adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Adel may issue refunding serial bonds not in excess of the aggregate sum of Thirty Nine Thousand ($39,000.00) Dollars, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of July 1, 1937 and which becomes due up to and including July 1, 1942, and providing 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 refunded bonds so issued by the City of Adel to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of July 1, 1942. Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council and shall be validated as provided by law; that the City of Adel from time to time as necessary for the purpose of extending, enlarging, repairing, constructing and/or maintaining (either, any or all of them) its waterworks system, sewerage system and electric light and power system, inclu9ing pipe lines, reservoirs, pumping stations, sewerage line, sewerage disposal plant, electric line, machinery and machinery replacements, or anything else that may be necessary, convenient or proper for the extension, enlargement, repairment, construction, maintenance and/or operation of the waterworks, sewerage a'nd electric light and power systems for the City of Adel, 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 amotin t in the aggregate not exceeding the sum of Twenty Five Thousand ($25,000.00) Dollars, and such indebtedness not to be incurred except with the assent of twothirds of the qualified voters of said City, voting at an election or elections to be held as may now or may hereafter be pre- WEDNESDAY, jANUARY 5, 1938. 611 scribed by law for the incurring of new debts by said City of Adel. Provided said two-thirds so voting shall be a majority of the registered voters." 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 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 of this State may be voted on, and shall at said 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 of Adel to issue refunding bonds, to increase its bonded indebtedness for waterworks, sewerage and electric system," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Adel to issue refunding bonds, to increase its bonded indebtedness for waterworks, sewerage and electric systems." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, 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 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows: 612 JouRNAL OF THE SENATE, Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Flynt Forrester Griner Hampton Hardman Harrell Harrison Holmes Horne Johnson Jones Knabb Lindsay Millican Moye Peterson Phillips Pruett Sammon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams Verification of the roll call was dispensed with. The ayes were 38, the nays 0. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Ennis of the 20th District, Fowler of the 39th District, Jackson of the 14th District, Kimbrough of the 25th District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Patten of the 6th District, Peebles of the 18th District, Pope of the 7th District, Purdom of the 46th District, Robinson of the 13th District, and Shannon of the 21st District. By Messrs. Freeman and Weaver of BibbHouse Bill No. 148. A BILL To be entitled an Act to propose to the qualified voters of Georgia amendments to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Macon to make temporary loans, to limit the aggregate amount of said loans outstanding at any one time, and to provide that said loans must be paid out of revenues received by the City of Macon in the year in which said loans are made; to authorize the Citv of Macon to issue notes or debt certificates tor the retirement. and payment of the deficit and current indebted- WEDNESDAY, JANUARY 5, 1938. 613 ness of the City of Macon and to provide the terms of their issue; to provide for the submission of the amendments 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit: "And except that the City of Macon, in addition to the debts hereinbefore allowed, may make temporary loans between J anuary 1, and December 31 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 Treasurer of the City of Macon and previously authorized by resolution approved by a majority vote of the Mayor and Board of Aldermen of the City of Macon at 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 (50) per cent of the total gross receipts of the City of Macon 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 loans 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 the same. "And except also that the City of Macon by a majority vote of the Mayor and Board of Aldermen of the City, may issue notes or debt certificates to be executed by the Mayor and Treasurer for the retirement and payment of the deficit and current indebtedness of the City of Macon as the same may be at the date of such issues, provided such issues be on or before January 1, 1939, and otherwise in an amount not exceeding the said deficit and current indebtedness outstanding on January 1, 1939. Such notes or debt certificates may be issued in such denomination, bearing such interest and falling due at such times as the Mayor and Board of Aldermen may fix and determine, but not to exceed five (5) years from the date of their issue." Sec. 2. Be it further enacted by the authority aforesaid, that 614 JouRNAL oF THE SENATE, when said amendments shall be agreed to by two-thirds 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 of this State may be voted on, the amendments shall at said general election, be submitted separately to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the City of Macon to make temporary loans 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 of Macon to make temporary loans," and all persons opposed to the adoption of said amendment authorizing the City of Macon to make temporary loans 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 of Macon to make temporary loans," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the City of Macon to retire current deficit 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 of Macon to retire deficit and pay current indebtedness," and all persons opposed to the adoption of said amendment authorizing the City of Macon to retire current deficit shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Para- WEDNESDAY, jANUARY 5, 1938. 615 graph 1, of the Constitution, authorizing the City of Macon to retire deficit and pay current indebtedness," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. Sec. 3. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict herewith shall be, and 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 Forrester Griner Hampton Hardman Harrell Holmes Horne Johnson Jones Knabb Lindsay Millican Moye Neely Peebles Peterson Voting in the negative was Senator: Phillips Pope Pruett Sammon Shedd Sikes Terrell Thrasher Turner Walker Whitehead Williams Flynt Verification of the roll call was dispensed with. The ayes were 38, the nays 1. 616 JouRNAL OF THE SENAT:, The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Ennis of the 20th District, Fowler of the 39th District, Harrison of the 17th District, Jackson of the 14th District, Kimbrough of the 25th District, McCutchen of the 43rd District, McKenzie of the 48th District, Patten of the 6th District, Purdom of the 46th District, Robinson of the 13th District, Shannon of the 21st District, and Sutton of the 47th District. By Mr. Newton of Toombs- Hause Bill No. 162. 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 of Vidalia 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 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 mav become due and unpaid as of January 1, 1938; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Vidalia may issue refunding serial bonds not in excess of the aggregate sum of forty thousand ($40,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1938, and providing for 'WEDNESDAY, jANUARY 5, 1938. 617 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 Vidalia 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 board of councilmen and shall be validated as provided by law." 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 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 of this State may be voted on, and shall at said 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 of Vidalia to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election of members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows: 618 JouRNAL oF THE SENATE, Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Forrester Fowler Griner Hampton Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Knabb Lindsay Millican Moye Neely Peebles Peterson Phillips Pope Pruett Purdom Sammon Shedd Sikes Thrasher Turner Walker 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 Ennis of the 20th District, Flynt of the 26th District, Kimbrough of the 25th District, McCutchen of the 43rd District, McKenzie of the 48th District, Patten of the 6th District, Robinson of the 13th District, Shannon of the 21st District, Sutton of the 47th District, Terrell of the 19th District, Whitehead of the 30th District, and Williams of the 5th District. By Mr. Larsen of Laurens- House Bill No. 183. 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 of Dublin 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 bmided indebtedness due and unpaid up to and including June 15, 1941; to provide that the fund raised from such additional bonded WEDNESDAY, jANUARY 5, 1938. 619 indebtedness shall be used exclusive for the retirement of said bonded indebtedness that is or may become due and unpaid as of June 15, 1941, 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Dublin may issue refunding serial bonds not in excess of the aggregate sum of ($40,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including June 15, 1941, and providing 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 Dublin to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of June 15, 1941. Said refunding bonds shall be issued when authorized by a vote of the mayor and board of aldermen and shall be validated by law." 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 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 of this State may be voted on, and shall at said 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 of Dublin to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words 620 o r J o u R N A L THE SENATE, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Dublin to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, 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 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, 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 Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay Millican Moye Neely Peebles Peterson Pope Pruett Purdom Sammon Shedd Sikes Terrell Thrasher Turner Walker Whitehead Voting in the negative was Senator: Flynt Verification of the roll call was dispensed with. The ayes were 40, the nays 1. The bill having received the requisite two-thirds constitutional majority was passed. \VEDNESDAY, JANUARY 5, 1938. 621 Not voting were: Senators Chason of the 8th District, Harrison of the 17th District, McCutchen of the 43rd District, McKenzie of the 48th District, Patten of the 6th District, Phillips of the 29th District, Robinson of the 13th District, Shannon of the 21st District, Sutton of the 47th District, and Williams of the 5th District. By Messrs. Smith and Jones of Dodge- House Bill No. 232. 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 of Eastman to incur a bonded indebtedness or indebtednesses, at such time or times as may be deemed expedient by the Council of the City of Eastman, in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding or retiring any or all of its existing bonded indebtedness, whether due and unpaid or not; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of any or all of said existing bonded indebtedness that is, or may become, due up to and including December 31, 1956, or that such refunding bonds may be exchanged for any or all of such existing bonded indebtedness that is, or may become due up to and including December 31, 1956; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section 1. B~ it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Eastman may issue refunding serial bonds not in excess of the aggregate sum of ninety-eight thousand ($98,000.00) dollars, at such time or times as may be deemed expedient by the Council of the City of Eastman, for the purpose of refunding and retiring any or all of the existing bonded 622 JouRNAL or THE SENATE, indebtedness of said City of Eastman, whether due and unpaid or not, and providing 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 Eastman to be used exclusively for the purpose of paying and retiring any or all of said existing bonded indebtedness that is, or may become, due up to and including December 31, 1956, or that such refunding bonds may be exchanged for any or all of such existing bonded indebtedness that is, or may become, due up to and including December 31, 1956. Said refunding bonds shall be issued when authorized by a vote of the Council of the City of Eastman and shall be validated as provided by law." 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 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 of this State may be voted on, and shall at said 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 of Eastman to issue refunding bonds," 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 of Eastman to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, 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 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. VVEDNESDAY, jANUARY 5, 1938. 623 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 Clements Ennis Forrester Fowler Griner Hampton Hardman Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay Millican Moye Neely Patten Peebles Peterson Pope Pruett Purdom Sammon Shedd Sikes Terrell Thrasher Turner Walker Whitehead Those voting in the negative were Senators: Flynt Harrell Verification of the roll call was dispensed with. The ayes were 40, the nays 2. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Chason of the 8th District, Harrison of the 17th District, McCutchen of the 43rd District, McKenzie of the 48th District, Phillips of the 29th District, Robinson of the 13th District, Shannon of the 21st District, Sutton of the 47th District, and Williams of the 5th District. By Mr. Holt of ApplingHouse Bill No. 311. 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 624 JouRNAL OF THE SENATE, Constitution of Georgia, so as to authorize the City of Baxley, Appling County, Georgia, to refund a bonded indebtedness, in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring its present or any future bonded indebtedness legally incurred that may be due and unpaid, provided that same shall not be in excess of the amount municipalities are now authorized to incur, and provided that the funds raised from such additional bonded indebtedness shall be used exclusively, and for no other purpose, for the retirement of said bonded indebtedness that may exist for the present time or in the future, and to provide for same as may become due or unpaid, and to authorize the governing authorities of the City of Baxley without a vote of the people, to authorize the issuance of said refunding bonds to meet the present or any future indebtedness that may be incurred and to provide for the submission of this amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assemblv of the State of Georgia, and it is her~by enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Baxley, in Appling County, Georgia, for its present or future bonded indebtedness, may issue serial refunding bonds not in excess of the legally authorized outstanding unpaid bonded indebtedness, which includes principal and interest, for the purpose of refunding and retiring any bonded indebtedness for said City of Baxley municipality, and providing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they shall fall due; the proceeds of such refunding bonds that may be issued as herein provided to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is due or that may become due and unpaid on any future bonded indebtedness, and provided further that said refunding bonds shall be issued only when authorized by a vote WEDNESDAY; jANUARY 5, 1938. 625 of the governing body of the City of Baxley, and then shall be validated as is provided by law." Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the memhers of each House, with the "ayes" and "nays" thereon, the Governor is hereby directed to have this proposal 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 of this State may be voted on, and shall at said 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 of Baxley to issue refunding bonds," 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 of Baxley to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, the result 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 7, Section 7, Paragraph 1, of the Constitution of the State 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 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 626 JoURNAL OF THE SENATE, Fowler Griner Hampton Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Millican Moye Neely Patten Peebles Peterson Pope Pruett Purdom Shedd Sikes Terrell Thrasher Turner Walker Whitehead Williams Voting in the negative was Senator: Flynt 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 Lindsay of the 34th District, McCutchen of the 43rd District, McKenzie of the 48th District, Phillips of the 29th District, Robinson of the 13th District, Sammon of the 51st District, Shannon of the 21st District, and Sutton of the 47th District. By Mr. Patten of CookHouse Bill No. 342. 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 Town of Sparks 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 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 provide for the submission of the amendment for ratification by the people; and for other purposes. WEDNESDAY, jANUARY 5, 1938. 627 Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia which has heretofore been amended shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the Town of Sparks may issue refunding serial bonds not in excess of the aggregate sum of Nineteen Thousand ($19,000.00) Dollars, for the purpose of refunding and retiring its existing bonded indebtedness which becomes due up to and including January 1, 1938, and providing 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 refunded bonds so issued by the Town of Sparks 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 Town Council and shall be validated as provided by law." 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 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 of this State may be voted on, and shall at said 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 Town of Sparks to issue refunding bonds," 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 Town of Sparks to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for mem- 628 JouRNAL OF THE SENATE, hers of the General Assembly, the said amendments shall become a part of the Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, 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 Hampton Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Knabb Lindsay Moye Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Sammon Shedd Sikes Terrell Thrasher Turner Walker Whitehead Williams Voting in the negative was Senator: Flynt 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 Fowler of the 39th District, Kimbrough of the 25th District, McCutchen of the 43rd District, McKenzie of the 48th District, Millican of the 52nd District, Robinson of the 13th District, Shannon of the 21st District, and Sutton of the 47th District. WEDNESbAY, JANUARY 5, 1938. 629 By Messrs. Palmour and Phillips of Hall- House Resolution No. 29-128b. A RESOLUTION 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 of Gainesville 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 up to and including January 1, 1940; 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, 1940; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Gainesville may issue refunding serial bonds not in excess of the aggregate sum of One Hundred Thousand ($100,000.00) Dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1940, and providing 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 Gainesville 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, 1940. Said refunding bonds shall be issued when authorized by a vote of the Commissioner of Gainesville and shall be validated as provided by law." Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the 630 JouRNAL oF THE SENATE, 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 of this State may be voted on, and shall at said 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 of Gainesville to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, 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 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 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 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 Griner Hampton Hardman Harrell Harrison Holmes Horne Johnson Jones Kimbrough Knabb Lindsay Moye Neely \VEDNESDAY, jANUARY 5, 1938. 631 Patten Peebles Peterson Phillips Pope Pruett Purdom Sammon Shedd Sikes Terrell Thrasher Turner Walker Whitehead Williams Voting in the negative was Senator: Flynt Verification of the roll call was dispensed with. The ayes were 43, the nays 1. The resolution having received the requisite two-thirds constitutional majority was adopted. Not voting were: Senators Jackson of the 14th District, McCutchen of the 43rd District, McKenzie of the 48th District, Millican of the 52nd District, Robinson of the 13th District, Shannon of the 21st District, and Sutton of the 47th District. By Mr. Ragan of Pulaski- House Bill No. 325. A bill to amend the charter of the City of Hawkinsville, Georgia, approved December 18, 1902, and Acts amendatory thereof, and for other purposes. The Committee on Municipal Government offered the following amendment to House Bill No. 325: To amend Section 1 by adding at the end of said section and immediately following the words "contain other information" a new paragraph to read as follows: "That none of the provisions of this Act shall apply to property returned and assessed for taxation under the provisions of Sections 92-5902 and 92-6001 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, as amended; was agreed to. On the passage of the bill, as amended, the ayes were 28, the nays 0. 632 JouRNAL oF THE SENATE, The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Harris and Lanier of Richmond- House Bill No. 289. A bill to authorize counties of a certain population to enact zoning laws, and for other purposes. The report 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. Key of Jasper- House Bill No. 308. A bill prohibiting the licensing of game or bird traps in the County of Jasper, and for other purposes. The report 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. Zellner of Monroe- House Bill No. 313. A bill to amend an Act codifying the Acts incorporating 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 34, the nays 0. The bill having received the requisite constitutional majority was passed. . By Mr. Ragan of Pulaski- House Bill No. 326. A bill to amend the Act creating the charter of the City of Hawkinsville, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, jANUARY 5, 1938. 633 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; Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton; and Messrs. Candler, Sams, and Turner of DeKalb- House Resolution No. 64-298b. A resolution designating and naming State Highway No. 13, from Buford to Atlanta, as the Bona Allen Memorial Highway, 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 30, the nays 0. The resolution having received the requisite constitutional majority was adopted. The following bill of the Senate was read the third time and put upon its passage: By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 79. A bill to repeal Code Section 77-503 and amending Section 77-504 relative to the applications for parole, and for other purposes. The report 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 2. The bill having received the requisite constitutional majority was passed. Senator Lindsay of the 34th District moved that the Senate disagree with the report of the committee which was unfavorable to the passage of Senate Bill No. 44, known as the Dixie Terminal Bill, and that same be placed on calendar for a second reading. 634 JouRNAL OF THE SENATE, The motion by Senator Lindsay was lost. Senator Lindsay of the 52nd District moved that the Senate do how adjourn and the motion prevailed. The President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. THURSDAY, jANUARY 6, 1938. 635 SENATE CHAMBER, ATLANTA, GA., THURSDAY, jANUARY 6, 1938. 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 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, requested Senator Lindsay of the 34th District to make report on yesterday's Journal. Senator Lindsay of the 34th District, pursuant to the request of the Chairman of the Journals Committee, reported that the Journal of yesterday's proceedings had been examined and found to be correct. Senator Millican of the 52nd 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, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for a third reading. 636 JouRNAL OF THE SENATE, The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Messrs. Joel and Hill of Clarke- House Bill No. 344. A bill to be entitled an Act to amend the charter of the City of Athens so as to authorize the mayor and council of said cit) to enact zoning laws, and for other p~rposes. By Mr. Adams of Franklin- House Bill No. :357. A bill to be entitled an Act to authorize the City of Royston to enact zoning ordinances, and for other purposes. By Mr. Booth of Barrow- House Bill No. 364. A bill to be entitled an Act to amend an Act creating the charter for the City of Winder, approved August 4, 1917, and the several Acts amendatory thereof, and for other purposes. Bv Messrs. Simmons and Kirbo of Decatur- House Bill No. 367. A bill to be entitled an Act to amend Section Twenty-One of an Act to create a new charter for the City of Bainbridge, and for other purposes. By Messrs. Edwards and Cochran of Thomas- House Bill No. 368. A bill to be entitled an Act to amend an Act creating a new charter for the town of Meigs, Georgia, and for other purposes. By Mr. Adams of Franklin- House Bill No. 372. A bill to be entitled an Act to change the official bond of the Sheriff of Franklin County, Georgia, and for other purposes. THURSDAY, JANUARY 6, 1938. 637 By Mr. Drake of Seminole- House Bill No. 373. A bill to be entitled an Act to reduce the official bond of the Sheriff of Seminole County, Georgia, and for other purposes. By Mr. Rawlins of Ben Hill- House Bill No. 374. A bill to be entitled an Act to amend the Act creating the office of Commissioners of Roads and Revenues in and for Ben Hill County, and for other purposes. By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 27. A bill to be entitled an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; 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 District- Senate Bill No. 98. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Allen of the 31st District- Senate Bill No. 99. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Senators Atkinson of the 1st District, Lindsay of the 34th District, Pope of the 7th District, Harrison of the 17th District, Forrester of the 44th District, Shannon of the 51st District, Purdom of the 46th District, and Harrell of the 12th District- 638 JouRNAL OF THE SENATE, Senate Bill No. 100. A bill amending the Intangible Tax Act with reference to accounts receivable and notes, and for other purposes. Referred to Committee on Finance. 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. 42. A resolution amending the constitution with reference to extraordinary sessions of the General Assembly, and for other purposes. Referred to Committee on Amendments to the Constitution. Senator Neely of the 36th District, Chairman of the Committee on Temperance, submitted the following report: Mr. President: Your Committee on Temperance have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 229. Do pass. Respectfully submitted, NEELY, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 97. Do pass. Respectfully submitted, PEEBLEs, Chairman, THURSDAY, JANUARY 6, 1938. 639 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 have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 57. Do pass. Senate Bill No. 35. Do pass. Senate Bill No. 88. Do not pass. Respectfully submitted, GRINER, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 92. Do pass, as amended. Respectfully submitted, HARDMAN, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 193. Do pass. Respectfully submitted, LINDSAY, Chairman. 640 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 52. Do pass. House Bill No. 96. Do pass. House Bill No. 95. Do pass. House Bill No. 318. Do pass. House Bill No. 71. Do pass. House Bill No. 109. Do pass. House Bill No. 337. Do pass. House Bill No. 224. Do pass. House Bill No. 80. Do pass. House Bill No. 163. Do pass. House Bill No. 327. Do pass. House Bill No. 199. Do pass. Respectfully submitted, PHILLIPS, Chairman. Senator Sammons of the 51st District, Chairman of the Committee on Insurance, submitted the following report: Mr. President: Your Committee on Insurance have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 95. Do pass. THURSDAY, JANUARY 6, 1938. 641 Senate Bill No. 96. Do pass. House Bill No. 54. Do pass. Respectfully submitted, SAMMONs, Chairman. 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. 35. A bill restricting the employment of aliens by the State of Georgia, and for other purposes. By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District- Senate Bill No. 92. A bill prescribing the compensation of the Chairman and members of the Industrial Board, and for other purposes. By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District- Senate Bill No. 95. A bill requiring the appointment of the Federal Savings and Loans Insurance Corporation as receiver of a Building and Loan Association and granting the Federal Savings and Loans Insurance Corporation other powers, and for other purposes. By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District- Senate Bill No. 96. A bill defining the shares of State Chartered Building and Loan Associations and Federal Savings and Loan Associations up to $5000 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations, and for other purposes. By Senators Neely of the 36th District and Kimbrough of the 25th District- 642 JouRNAL OF THE SENATE, Senate Bill No. 97. A bill to amend the charter of the City of Manchester, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Fitts of Madison- House Bill No. 52. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Jones of Elbert- House Bill No. 54. A bill to regulate the business of Industrial Life Insurance in the State, and for other purposes. By Messrs. Parker and Barlow of Colquitt- House Bill No. 57. A bill to provide for the convening of the General Assembly in event of emergency or extraordinary session, and for other purposes. By Messrs. Sams, Candler, and Turner of DeKalb- House Bill No. 71. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Holt of Appling- House Bill No. 80. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Corbett of Atkinson- House Bill No. 95. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Pirkle of Forsyth- House Bill No. 96. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. THURSDAY, jANUARY 6, 1938. 643 By Messrs. Corbett of Atkinson, Houze of Lowndes, Miller of Lanier, Coleman of Lowndes, Herrin of Echols, and others- House Bill No. 109. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Newton of Toombs- Hause Bill No. 163. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Holt of Appling- House Bill No. 193. A bill amending the Act dividing the Brunswick Circuit and creating the new Waycross judicial circuit, and for other purposes. By Messrs. Candler, Sams, and Turner of DeKalb- House Bill No. 199. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 224. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes. By Messrs. Whipple of Bleckley, Key of Jasper, Lanham and Davis of Floyd, and Ferguson of Sumter- House Bill No. 229. A bill amending the Malt Beverage Act of 1935 with reference to the distribution of the taxes derived therefrom, and for other purposes. By Mr. Daves of Dooly- House Bill No. 318. A bill to amend the State Highway Mileage Act by adding additional mileage, and for other purposes. By Mr. Adams of Franklin- House Bill No. 327. A bill amending the Highway Mileage Act by adding additional mileage for Franklin County, and for other purposes. 644 JouRNAL OF THE SENATE, By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 337. A bill amending the Highway Mileage Act by adding additional mileage, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House insists on its amendments to the following resolution of the Senate, to-wit: By Senator Chason of the 8th District- Senate Resolution No. 11. A resolution proposing a constitutional amendment to the qualified voters 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 indigent sick, and for other purposes. The House requests the appointment of a Committee of Conference on the part of the Senate to confer with a like Committee on the part of the House on Senate Resolution No. 11. The Speaker has appointed as a Committee of Conference on the part of the House on Senate Resolution No. 11 the following members of the House: Messrs. Kendrick of Fulton, Drake of Seminole, Hays of Miller. The following bills of the House were read the third time and put upon their passage: By :Mr. Sanders of Coweta and Mrs. Mankin of Fulton- House Bill No. 177. A bill abandoning a road in Land Lot 63 of 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 34, the nays 0. THURSDAY, JANUARY 6, 1938. 645 The bill having received the requisite constitutional majority was passed. By Messrs. Grayson, McNall, and Cohen of Chatham- House Bill No. 186. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Gross of Stephens, Hamby of Rabun, and Jackson of Habersham- House Bill No. 314. A bill to amend the Act with reference to fishing in ponds and lakes 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 32, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Allison of Gwinnett- House Bill :\fo. 323. A bill to authorize the City of Lawrenceville to enact zoning ordinances, and for other purposes. The report 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 Jenkins- House Bill No. 331. A bill amending the Act creating the Board of Commissioners of Roads and Revenues for Jenkins County, and for other purposes. 646 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 34, the nays 0. The hill having received the requisite constitutional majority was passed. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 332. A hill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, 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 34, the nays 0. The hill having received the requisite constitutional majority was passed. By Messrs. Davis, Keel, and Lanham of Floyd and Jones of Bartow- House Bill No. 333. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, 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 35, the nays 0. The hill having received the requisite constitutional majority was passed. By Messrs. Davis, Keel, and Lanham of Floyd and Jones of Bartow- House Bill No. 334. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, 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 35, the nays 0. THURSDAY, JANUARY 6, 1938. 647 The bill having received the requisite constitutional majority was passed. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 335. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Middleton of Dade- House Bill No. 336. A bill amending the Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, and creating 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Warnock of Montgomery- House Bill No. 351. A bill fixing the amount of the bond of the Sheriff of Montgomery County at $3,000, 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Middleton of Dade- House Bill No. 317. A bill to amend the Highway Mileage 648 JouRNAL OF THE SENATE, Act by adding certain mileage to the System of State Aid Roads, and for other purposes. The Committee on Highways and Public Roads offered the following amendment to House Bill No. 317: To amend by striking the figures" 444" in line 7 of the caption of said bill and inserting in lieu thereof the figures "300." 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Musgrove of Clinch- House Bill No. 350. A bill to be entitled an Act to abolish the County Court of Clinch County, Georgia, and for other purposes. The Committee on Counties and County Matters offered the following substitute for House Bill No. 350: An Act to create and establish the County Court of Clinch in and for the County of Clinch; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for the election of a judge, solicitor; to provide for other offices of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for a special election; to provide for pleading and practice in said court, writs of errors therefrom; 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 the County Court of Clinch County is hereby created and established, to be located in the City of Homerville, which is the County site of Clinch County, which court shall have civil and criminal jurisdictions over and throughout the entire County of Clinch, THURSDAY, JANUARY 6, 1938. 649 concurrent with the Superior Court, to try and dispose of civil cases of whatever nature, except those which the Constitution of this State has given the Superior Courts exclusive jurisdiction; and to try and dispose of all offenses below the grade of felonies committed in the County of Clinch; and the jurisdiction herein conferred shall include, in addition to ordinary suits by petition and process, attachment and garnishment proceedings, habeas corpus proceedings, illegalities, statutory awards, counter affidavits to any proceeding from said court, proceedings against intruders and tenants holding over, proceedings for partition of personalty, distress warrants, possessory warrants, and foreclosure of all liens, mortgages, and bills of sale to secure debt, except those on real estate. Sec. 2. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments of the Superior Courts are, and all executions issuing from said County Court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said County Court of Clinch County, and to all and singular the sheriffs or their deputies of the State of Georgia. Sec. 3. Be it further enacted by the authority aforesaid, that said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the Superior Courts; but that claims to real estate levied on under execution or other process from said county court shall be returnable to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Court. Sec. 4. Be it further enacted by the authority aforesaid, that the terms of said County Court shall be monthly and quarterly, the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. The said quarterly terms shall be held as follows: First Monday in January, April, 650 JouRNAL OF THE SENATE, July, and October of each year. Said monthly period shall be held as follows: On the first Monday of each month of the year. Provided, that the Judge of said County Court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify holding the same; and providing, further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the court house in the City of Homerville, in the said County of Clinch and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said County Court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Sec. 5. Be it further enacted by the authority aforesaid, that suits in said County Court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as herein- after provided; but the process to writs shall be annexed by the clerk of said County Court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the Coun tv Court of Clinch County, or his deputies thereof. Sec. 6. Be it further enacted by the authority aforesaid, that in all matters pertaining to service, pleadings and practice, the laws governing the Superior Courts, where not inconsistent with this Act and unless otherwise specially provided by this Act, shall be applicable to said County Court. Sec. 7. Be it further enacted by the authority aforesaid, that said County Court of Clinch County shall be a court of record, shall have a seal, and the minutes, records, orders, and books and files that are required by law and rules to be kept for the Superior Courts shall be kept in and for said County Court and in the same manner; and all laws applicable to the powers and duties of the clerk and sheriff in said Superior Courts shall apply to them in said County Court, except where they conflict with the provisions of this Act. THURSDAY, jANUARY 6, 1938. 651 Sec. 8. Be it further enacted by the authority aforesaid, that all laws for the regulating and enforcing of judgments of the Superior Courts, whether civil or criminal, shall apply to said County Court, and executions shall issue and be levied and sales be had there under the same rules and laws regulating the same in the Superior Courts. Sec. 9. Be it further enacted by the authority aforesaid, that the judge of said County Court is authorized to appoint, at each term of said court, such number of bailiffs as he may deem necessary; and the judge of said court shall have the same power to preserve order, to enforce his orders and judgments, and to punish for contempt as is vested by law in the judges of the Superior Courts of this State. Sec. 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said County Court, who shall be elected by the qualified voters of Clinch County and commissioned by the Governor, who shall hold his office for a period of two years and thereafter until his successor is qualified. And in case of a vacancy the said office of this vacancy shall be filled by the appointment by the Governor for the unexpired term. The judge of the said County Court shall receive a salary of six hundred dollars ($600.00) per annum which shall be paid monthly by the clerk of the Board of Commissions or other person or persons who are now or may hereafter be charged by law with the paying out of the money of the County of Clinch. And it shall be the duty of the Com~issioners of R~ads and Revenue of said County, or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Sec. 11. Be it further enacted by the authority aforesaid, that no person shall be eligible for the office of said judge unless he shall be at least twenty-five years of age and a citizen of the County of Clinch for a period of twelve months prior to his election, and he shall, before entering upon the duties of his office, take and subscribe the following oath: "I solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and 652 JouRNAL oF THE SENATE, impartially perform and discharge all the duties which may he required of me as judge of the County Court of Clinch County, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God," which oath shall he filed in the executive department. Sec. 12. Be it further enacted by the authority aforesaid, that whenever the judge of said County Court is from any cause disqualified from presiding and the judge of the Superior Court cannot from any cause preside in said court, as is provided for in the Constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause he tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Sec. 13. Be it further enacted by the authority aforesaid, that in case of the absence of the judge of said County Court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or, if no direction he given the court shall he adjourned to the next regular term. Sec. 14. Be it further enacted by the authority aforesaid, that there shall he a solicitor of said County Court, elected and commissioned in the same manner provided for the election of the judge of said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall he the same as are a solicitor-general in the Superior Court; hut all such fees shall he paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of fifty dollars ($50.00) per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said County Court shall for his services in the Supreme Court and Court of Appeals be paid out of the Treasury of the State in the same manner as the solicitor-general of the Superior Court is paid for like services rendered in said courts. Sec. 15. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of solicitor of said THURSDAY, jANUARY 6, 1938. 653 City Court unless he shall have been admitted to the practice of law for one year; and he shall, before entering the duties of his office, take and subscribe the following oath: "I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the County Court of Clinch County, and will take only my lawful fees of office; so help me God," which oath shall be filed in the executive department. Sec. 16. Be it further enacted by the authority aforesaid, that in case of the absence of said solicitor or his inability from illness or otherwise to appear and prosecute any cause at any term of said court, the judge of said court may appoint a solicitor pro tempore to perform the duties of the solicitor in such absence or inability, and such solicitor pro tempore shall be entitled to receive from his services, should he require it, not exceeding three dollars ($3) per day to be paid by the solicitor out of his compensation provided for in Section 14 of this Act. Sec. 17. Be it further enacted by the authority aforesaid, that the clerk and his deputies of the Superior Court of Clinch County shall be ex-officio clerk and deputies of said County Court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge his duties thereof, which oath shall be entered on the book of minutes of said County Court; and he shall also, before entering on the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of five hundred dollars ($500.00) for the faithful discharge of the duties of his office, such bond to be in the form required for clerks of the Superior Court. Sec. 18. Be it further enacted by the authority aforesaid, that the sheriff and his deputies of Clinch County shall be exofficio sheriff and deputy sheriffs of the County Court of Clinch County, and in his official connection with said court the sheriff of Clinch County shall be known as the sheriff of County Court of Clinch County; before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of five hundred dollars for the faithful discharge of 654 JouRNAL OF THE SENATE, the duties of his office, said bond to be approved by the judge of said court. Sec. 19. Be it further enacted by the authority aforesaid, that all the duties and liabilities attached to the office of clerk of the Superior Court and to the office of sheriff shall be attached to the office of clerk of the County Court of Clinch County and to the office of sheriff of the County Court of Clinch County, respectively; and that the judge of said County Court of Clinch County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judges of the Superior Courts over the clerks of the Superior Courts and over the sheriffs of the counties of Georgia. Sec. 20. Be it further enacted by the authority aforesaid, that the clerk and sheriff, and their deputies, of said County Court shall receive for their services the same fees as are allowed by law for like services in the Superior Court, except that in all civil actions where the principal amount claimed is less than three hundred dollars the clerk's costs shall be one-half the amount allowed for similar services in similar cases in the Superior Court; and provided, that neither the said clerk nor the said sheriff shall be entitled to any per diem fees for attending the monthly terms of said court when there is no jury empaneled for the trial of cases, such clerk and sheriff being entitled to per diem for attendance at the regular quarterly trial terms onh'. For services rendered by the clerk and sheriff where no c01;1pensation is provided by law, they shall receive such compensation as the judge of said City Court shall in his sound discretion allow. The said sheriff and clerk shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said County Court as they are now or may hereafter be entitled to in the Superior Court. In all actions ex contractu where the amount of the judgment recovered is less than fifty dollars principal, the plaintiff shall only be entitled to recover judgment for justice court costs, and such plaintiff shall himself be liable for the balance of the costs in such case. Sec. 21. Be it further enacted by the authority aforesaid, THURSDAY, JANUARY 6, 1938. 655 that a reporter or stenographer for said City Court may be appointed by the judge of said court, to take down and transcribe testimony and charges of the court in criminal and civil cases tried therein. All civil cases tried in said court shall be reported at the request of either side, plaintiff or defendant, and the fees for reporting such cases shall be the same as those allowed and charged in similar cases in the Superior Court, and shall be paid by the plaintiff and defendant equally. Said reporter or stenographer shall have the right to enforce payment of his fees in the same manner authorized in like cases in the Superior Courts. The reporter or stenographer shall report all criminal cases whenever the defendant or his attorney shall demand it, and whenever the judge in his discretion shall require the same reported, whether demanded or not. Said reporter or stenographer shall receive, for his services in reporting and transcribing the record in criminal cases in said County Court, the same amount provided by law for similar services by stenographer in the Superior Courts, which shall be paid out of the treasury of the county in the same manner that the Superior Court stenographers are paid. Sec. 22. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Clinch County, as provided for from time to time for such Superior Court. From said copy so made traverse jurors in said County Court shall be drawn in the following manner: The clerk of said County Court shall write upon separate tickets or slips of paper the names of each traverse juror, and shall number the same and place the same in a box to be prepared and kept for that purpose, from which box shall be drawn all traverse jurors as now required by law in the Superior Courts, all laws with reference to drawing, selecting, and summoning traverse and tales traverse jurors in the Superior Courts shall apply in said County Court. All exemption from jury duty now of force in the County of Clinch shall apply and be of effect in said County Court. Sec. 23. Be it further enacted by the authority aforesaid, that all laws in reference to the qualifications, relations, empaneling, fining and challenging of jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same 656 JouRNAL oF THE SENATE, in the Superior Court, shall apply to and be observed in said County Court, except when inconsistent with the provisions of this Act. Sec. 24. Be it further enacted by the authority aforesaid, that unless, in the opinion of the judge, the business of the court demands it, traverse jurors shall be drawn and summoned to serve only at the regular quarterly terms thereof. Sec. 25. Be it further enacted by the authority aforesaid, that from a panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act, to serve at any regular or adjourned term of said court, the judge of said court shall cause to be made up two juries, which shall be known and distinguished as juries numbers one and two and all cases and issues to be tried by jury, civil or criminal, at that term of said court, shall be tried by one of these, or by a jury stricken from both, as hereinbefore provided. In case from any cause said panel should be reduced below twenty-four, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried in said court, the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases the plaintiff and defendant shall each be entitled to six peremptory challenges; and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Court, shall apply to said County Court, except where they are inconsistent with the terms of this Act. Sec. 26. Be it further enacted by the authority aforesaid, that all defendants in criminal cases in which the prosecution originates in said County Court, or where such defendants are bound over to said County Court by any justice of the peace or notary public or other judicial officer, shall be tried on written accusations setting forth plainly the offense charged, founded upon affidavit of the accuser and signed by the solicitor of said County Court; and all the proceedings after accusations shall conform to the rules governing in the Superior Courts. And that in all cases tried upon accusations the offense shall be charged with the same particularity both as matter of form and substance as is required by the laws and the rules of criminal pleading to be observed in bills of indictment in the Superior Courts. THURSDAY, JANUARY 6, 1938. 657 Sec. 27. Be it further enacted by the authority aforesaid, that the judge of said County Court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations governing the granting of new trials in the Superior Courts; and all rules of pleading, practice and procedure, governing motions, rules nisi and other proceedings in new trials in the Superior Courts, shall apply to and govern the same in said County Court. Sec. 28. Be it further enacted by the authority aforesaid, that writs of error shall be directed from said County Court to the Supreme Court and the Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Sec. 29. Be it further enacted by the authority aforesaid, that the judge of the Superior Court of Clinch County may send down from the Superior Court of said county all presentments and bills of indictment for misdemeanors to said County Court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts. Sec. 30. Be it further enacted by the authority aforesaid, that all suits shall be by petition, and process shall be made returnable to the next term of said court, whether the same is a monthly or a quarterly term, provided such suit is filed in the clerk's office not less than twenty days before the first day of said term; and when the petition is filed on a date less than twenty days before the first day of said term, the process shall be made returnable to the next succeeding term thereafter, whether monthly or quarterly, which shall be the appearance term. And whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, whether it be monthly or a quarterly term. Sec. 31. Be it further enacted by the aforesaid, authority that in all cases, the judge at each term, monthly and quarterly, shall call the appearance docket upon some day previously fixed, or on the last day of the term, and, upon such call, all cases in which the defendant has not filed a demurrer, plea, answer or 658 JouRNAL oF THE SENATE, other defense shall be marked "In Default," and in such default cases, except as such may be founded upon unliquidated claims or demands, judge shall thereupon at said appearance term render judgment without the verdict of the jury; and in all default cases founded upon unliquidated claims or demands, the judge shall, at the request of the plaintiff, hear evidence of value or loss and fix the same, and the judge shall thereupon render judgment without the verdict of a jury. Sec. 32. Be it further enacted by the authority aforesaid, that, except as otherwise provided in this Act, all laws and rules that are now or may hereafter be in force in the Superior Courts of this State, in regard to appearance and pleading, calling the appearance docket, entering and opening defaults, motions, services, waivers, acknowledgements, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, amendments, demurrers, pleas, procedure and practice, legal remedies, the production of books, papers, etc., shall appertain in said County Court. Sec. 33. Be it further enacted by the authority aforesaid, that all jurors in said County Court, for their services for every day of actual attendance, shall be paid the same amount in the same manner and under the same rules and regulations as jurors in the Superior Court of Clinch County. Sec. 34. Be it further enacted by the authority aforesaid, that all suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more resides in the County of Clinch may be brought in County Court within its jurisdiction as already stated under the same rules and regulations governing such cases in the Superior Court mutatis mutandis as to copies, second originals, returns, and other matters connected by the suit. Sec. 35. Be it further enacted by the authority aforesaid, that the judge of said County Court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within its jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said County Court shall have power, respectively, to administer oaths pertaining to their office, as the judge and THURSDAY, jANUARY 6, 1938. 659 other officers of the Superior Court may in like cases do; and the said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by the justices of th.e peace of this State. Sec. 36. Be it further enacted by the authority aforesaid, that attachments and garnishments in said court or returnable to said court shall be directed to the sheriff or his deputies of the County Court of Clinch County and to all and singular the sheriffs and constables of this State; and the judge of said County Court may, or any justice of the peace or notary public may, issue attachments and garnishments returnable to said County Court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Courts. Sec. 37. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Clinch County shall provide a suitable place in the County Court House for the holding of said County Court, provide the court with such stationery, writing materials and blank accusations as may be required, and provide the necessary books for keeping the dockets, minutes and records of said court. Sec. 38. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases tried in said County Court, except the proportions due the solicitor, which shall be paid into the county treasury as provided for under Section 14 of this Act, shall be subject to the payment of the fees and costs of the clerk and sheriff of said court, the same to be distributed pro rata under the same rules and regulations governing the fees of said officers as now provided by law; Provided, that in all cases in which the justices of the peace and ex-officio justices of the peace have bound over any offender to said court, or to the Superior Court and the case is afterwards transferred to said County Court, such magistrate binding over shall be entitled to share as to his costs in the particular case with the officers of said County Court hereinbefore named, upon the same terms in any fine or forfeiture that may arise therefrom; Provided, further, that the County of Clinch shall not be liable to the said officers of said court, to-wit, the clerk, sheriff, justices of 660 JouRNAL oF THE SENATE, the peace and ex-officio justices of the peace, for insolvent costs in any criminal case except the costs in the cases where the convicted defendants are hired out by the county authorities in which event the county authorities shall pay to the officers above named the costs in such cases.. The clerk of said County Court is hereby charged with the duty of collecting, receiving and prOrating the fines and forfeitures mentioned herein, and it shall be his duty to keep such records thereof as are required to be kept in the Superior Court, and he shall faithfully account for all moneys as received. Sec. 39. Within five (5) days after the approval of this Act it shall be the duty of the ordinary of Clinch County to call a special election for judge and solicitor of the County Court of Clinch County, which said election shall be held within ten (10) days after the ordinary has issued the said call. The votes shall be consolidated and the ordinary shall immediately publish the result of said election. Sec. 40. It shall be the further duty of the ordinary to call a special election every two years from the date the first special election is held at which time a judge and solicitor shall be elected. Sec. 41. Be it further enacted by the authority aforesaid, that for any reason any section or sections of this Act should be held unconstitutional that the remaining parts of this Act shall be valid. Sec. 42. Be it further enacted by the authority aforesaid, that this Act shall become effective on or after passage or approval of the Governor. Sec. 43. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. 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 31, the nays 0. THURSDAY, jANUARY 6, 1938. 661 The bill having received the requisite constitutional majority was passed, by substitute. Senator Phillips of the 29th 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 Highways and Public Roads. By Mr. Gross of Stephens- . House Bill No. 242. A bill to be entitled an Act authorizing the State Highway Board to use any funds available to them for the purpose of matching any federal funds, and for other purposes. The consent was granted, the bill given a second reading and recommitted. The following bills of the House were read the first time and referred to the committees: By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 27. A hill to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; and for other purposes. Referred to Committee on Finance. By Messrs. Joel and Hill of Clarke- House Bill No. 344. A hill authorizing the City of Athens to enact zoning laws, and for other purposes. Referred to Committee on Municipal Government. By Mr. Adams of Franklin- House Bill No. 357. A bill authorizing the City of Royston to enact zoning laws, and for other purposes. Referred to Committee on Municipal Government. By Mr. Booth of Barrow- Jfouse Bill No. 364. A bill amending the charter of the City 662 JouRNAL OF THE SENATE, of Winder so as to authorize the proper authorities to enact zoning laws, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Simmons and Kirbo of Decatur- House Bill No. 367. A bill amending Section 21 of the Act creating a new charter for the City of Bainbridge, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Edwards and Cochran of Thomas- House Bill No. 368. A bill amending the Act creating a new charter for the City of Meigs, and for other purposes. Referred to Committee on Municipal Government. By Mr. Adams of Franklin- House Bill No. 372. A bill reducing the bond of the Sheriff of Franklin County, and for other purposes. Referred to Committee on Counties and County Matters. By :Mr. Drake of Seminole- House Bill No. 373. A bill reducing the bond of the Sheriff of Seminole County, and for other purposes. Referred to Committee on Counties and County Matters. By ~Ir. Rawlins of Ben Hill- House Bill No. 374. A bill 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. Senator Millican of the 52nd District moved that the Senate insist upon its position of disagreement to the House amendment to Senate Resolution No. 11, proposing an amendment to Constitution whereby counties may levy a tax for furnishing medical care of indigent sick people, and that a Conference Committtee be appointed by the President to confer with a like committee from the House. THURSDAY, jANUARY 6, 1938. 663 The motion by Senator Millican of the 52nd District prevailed and the President named as a Committee of Conference on the part of the Senate the following members of the Senate, to-wit: Senators Millican of the 52nd District, Lindsay of the 34th District, and Chason of the 8th District. The following resolutions of the Senate were read and adopted: By Senator Williams of the 5th District- Senate Resolution No. 43. A resolution requesting the Georgia Delegation in Congress to take necessary steps to secure for Georgia and the several States the full appropriation as authorized to be used in the protection of forest lands from fire, and for other purposes. By Senators Williams of the 5th District, Harrison of the 17th District, and Shannon of the 21st District- Senate Resolution No. 44. A resolution deploring the death of Hon. W. W. Larsen of Dublin, Georgia, and reviewing his many accomplishments during his life as a public servant of the State of Georgia, and for other purposes. Under the provisions of the above resolution the Senate observed a moment of silence, with the members of the Senate standing, as a final tribute to Han. W. W. Larsen. Senator Pope of the 7th District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have 150 copies of House Bill No. 27, known as the Tax Commissioners Act, printed for the use of the Senate. The consent was granted. The President announced that the Senate stood recessed, subject to the call of the Chair. The President called the Senate to order. The following resolution of the Senate was read the third time and put upon its passage: 664 JouRNAL oF THE SENATE, By Senator Robinson of the 13th District- Senate Resolution No. 24. A RESOLUTION Proposing to the people of Georgia for ratification or rejection an amendment to Section 1, Article 7 of the Constitution of Georgia, and for other purposes. Be it resolved by the General Assembly of Georgia. Section 1. It is hereby proposed to the people of Georgia that Section 1, Article 7, of the Constitution of Georgia he amended by adding a new paragraph to he designated as Paragraph 1-A, and to read as follows: "1-A. No sum shall he paid as old age assistance under this article or any other of this Constitution from public funds of the State or any county to any person less than sixty-five years of age; nor shall the monthly benefits payable to any person as old age assistance, assistance to the needy blind, assistance to a dependent child, or for any other welfare purpose, under this article or any other provision of this Constitution, from public funds of the State and/or any county of the State exceed in the aggregate Fifteen Dollars per month." Sec. 2. When the foregoing amendment shall have been agreed to by two-thirds of the members elected to both Houses of the General Assembly, the same shall he entered upon their minutes, together with the ayes and nays taken thereon, and it shall he the duty of the Governor to cause the same to he published in one or more newspapers in each Congressional District of this State for two months preceding the next general election, and at such general election, to submit the same to the people of Georgia for ratification or rejection. Those voting at said election who desire to vote in favor of the ratification of said amendment shall have written or printed on their ballots the words: "For ratification of the Amendment to Section 1, Article 7, of the Constitution, defining those entitled to old age assistance and limiting the amount thereof." Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words: "Against ratification of THURSDAY, jANUARY 6, 1938. 665 the Amendment to Section 1, Article 7, of the Constitution, defining those entitled to old age assistance and limiting the amount thereof." If a majority of the qualified voters voting at said election shall vote in favor of the ratification of said amendment, the Governor shall make proclamation thereof upon the ascertainment of the result of said election, and said amendment shall thereupon become a part 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 Almand Atkinson Atwood Aultman Brock Burrell Chason Clements Ennis Flynt Forrester Fowler Griner Hampton Hardman Harrell Harrison Holmes Home Johnson Jones Kimbrough Knabb McCutchen Moye Neely Peebles Peterson Phillips Pruett Purdom Robinson Sammon Sikes Sutton Terrell Thrasher Turner Walker Whitehead Williams Verification of the roll call was dispensed with. The ayes were 42, the nays 0. The resolution having received the requisite two-thirds constitutional majority was adopted. Not voting were: Senators Burgin of the 24th District, Jackson of the 14th District, Lindsay of the 34th District, McKenzie of the 48th District, Millican of the 52nd District, Patten of the 6th District, Pope of the 7th District, Shannon of the 21st District, and Shedd of the 3rd District. The following resolution of the Senate was introduced, read the first time, and ordered to lie on table for one day: 666 JouRNAL oF THE SENATE, By Senator Harrell of the 12th DistrictSenate Resolution No. 45. A resolution requesting the Director of the State Board of Public Assistance to furnish the Senate certain information, and for other purposes. The following Conference Committee report was read and adopted: January 6, 1938. HaN. JoHN B. SPIVEY, President of the State Senate, and HoN. RoY V. HARRis, Speaker of the House of Representatives. Your committee on conference on Senate Resolution No. 11 recommend that both House and Senate recede from their position on House amendment and in lieu thereof that the following be adopted: Amend Senate Resolution No. 11, Section 1, Paragraph 2, line 13 by striking the words "one mill" and substituting in lieu thereof the words "one and one-half mills." MILLICAN of the 52nd District, LINDSAY of the 34th District, CHASON of the 8th District. On the part of the Senate. KENDRICK of Fulton, DRAKE of Seminole, HAYES of Miller. On the part of the House. The following privilege resolutions were read and adopted: By Senators Knabb of the 4th District and Shedd of the 3rd District- THURSDAY, jANUARY 6, 1938. 667 A resolution extending the privileges of the floor to Hon. B. R. Burnsed, prominent citizen of Maniac, Georgia. By Senators Hardman of the 33rd District and Allen of the 31st District- A resolution extending the privileges of the floor to Hon. J. G. B. Logan, a former State Senator from the 33rd District. Senator Walker of the 28th 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. 668 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., FRIDAY, jANUARY 7, 1938. The Senate met, pursuant to adjournment, at 10 o'clock A. M., this day and was called to order by the President. Prayer was offered by the Chaplain. Senator Terrell of the 19th District asked unanimous consent that the calling of the roll be dispensed with and the consent was gran ted. Senator Jones of the 38th District, Vice-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 Purdom of the 46th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. A sealed communication from His Excellency, the Governor, FRIDAY, jANUARY 7, 1938. 669 was received through the Executive Secretary, Hon. Downing Musgrove. 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 of the Senate cleared of all persons not entitled to the privileges of the floor during Executive Session under the rules of the Senate. The following communication was transmitted to His Excellency, the Governor, by the Secretary of the Senate: January 7, 1938. HoN. E. D. RIVERS, Governor, Executive Department, State Capital, Atlanta, Georgia. My Dear Governor: I have the honor to report the State Senate today acted as follows on nomin:aions proposed by you: Hon. R. Glenn Dickerson to be Judge of the City Court of Valdosta, Lowndes County, Georgia, from December 11th, 1937 to December 11th, 1941; confirmed, 40 to 0. Hon. George Converse to be Solicitor of the City Court of Valdosta, Lowndes County, Georgia, from December 11th, 1937 to December 11th, 1941; confirmed, 38 to 0. Hon. R. C. Ramey to be Judge of the City Court of Rabun County, Georgia, from January 1st, 1938 to De'cember ~1st, 1940; confirmed 39 to 0. Hon. Joseph T. Davis to be Solicitor of the City Court of Rabun County, Georgia, from January 1st, 1938 to December 31st, 1940; confirmed 41 to 0. Sincerely yours, JoHN W. HAMMOND, Secretary of State Senate. 670 JouRNAL OF THE SENATE, The President called the Senate to order. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Spivey of the 16th District- Senate Bill No. 101. A bill reducing the bond of the Sheriff of Emanuel County, and for other purposes. Referred to Committee on Counties and County Matters. By Senator Pope of the 7th District- Senate Bill No. 102. A bill amending the Intangible Tax Act with reference to the returns made by banks and trust companies to the Commissions, and for other purposes. Referred to Committee on Finance. By Senator Peebles of the 18th DistrictSenate Bill No. 103. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill and resolution of the House and Senate, to-wit: By Mr. Trapnell of CandlerHouse Bill No. 377. A bill to be entitled an Act to fix the amount of the official bond of the Sheriff of Candler County, Georgia, and for other purposes. By Senators Millican of the 52nd District and Lindsay of the 34th District- Senate Resolution No. 33. A resolution naming a committee of two members of the Senate and three members of the House to co-operate with local interests in securing a National Park for the Atlanta Battlefield Area. FRIDAY, JANUARY 7, 1938. 671 The House has adopted the report of Committee of Conference on Senate Resolution No. 11. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Mr. Corbett of Atkinson- House Bill No. 161. A bill to be entitled an Act to provide for the levy of an occupation, or license tax or fee, for State purposes, on persons operating or doing business from rolling stores, and for other purposes. 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 246. Do pass. House Bill No. 238. Do pass. House Bill No. 214. Do pass. House Bill No. 261. Do pass. House Bill No. 185. Do pass. House Bill No. 115. Do pass. House Bill No. 171. Do pass. House Bill No. 182. Do pass. House Bill No. 92. Do pass. House Bill No. 292. Do p~ss. 672 JouRNAL oF THE SENATE, House Bill No. 319. Do pass. House Bill No. 315. Do pass. House Bill No. 263. Do pass. House Bill No. 279. Do pass. House Bill No. 283. Do pass. House Bill No. 94. Do pass. House Bill No. 258. Do pass. House Bill No. 241. Do pass. House Bill No. 165. Do pass. House Bill No. 88. Do pass. House Bill No. 158. Do pass. House Bill No. 134. Do pass. House Bill No. 213. Do pass. House Bill No. 130. Do pass. House Bill No. 110. Do pass. House Bill No. 174. Do pass. House Bill No. 184. Do pass. House Bill No. 93. Do pass. House Bill No. 300. Do pass. House Bill No. 242. Do pass, by substitute. Respectfully submitted, PHILLIPs, Chairman. Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me, as FRIDAY, JANUARY 7, 1938. 673 Chairman, to report the same back to the Senate with the following recommendation: Senate Bi_ll No. 91. Do pass. Respectfully submitted, ENNis, Chairman. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senato~ Pope of the 7th District- Senate Bill No. 91. A bill amending the Income Tax Law with reference to the dividends received by corporations, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Messrs. Clark of Catoosa and Mavity of Walker- House Bill No. 88. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Booth of Barrow- House Bill No. 92. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Booth of Barrow- House Bill No. 93. A bill to amend the Highway Mileage Act by adding additional mileage on the Braselton-Lawrenceville Road, and for other purposes. By Mr. Lewallen of Banks- House Bill No. 94. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System in Banks County, and for other purposes. By Mr. Adams of Franklin- House Bill No. 110. A bill to amend the Highway Mileage 674 JouRNAL oF THE SENATE, Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Barnard of Towns- House Bill No. 115. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for: other purposes. By Mr. Jones of Brantley- Hause Bill No. 130. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Thomas of Chattooga, Mavity and Sartain of Walker- House Bill No. 134. A bill to amend the Highway l\lileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 158. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Croker of Paulding, Welsch of Cobb and Moore of Haralson- House Bill No. 165. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. DeFoor of Mcintosh- House Bill No. 171. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Musgrove of Clinch and Herrin of Echols- Hause Bill No. 174. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. FRIDAY, jANUARY 7, 1938. 675 By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union- House Bill No. 182. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Hart and Sanders of Coweta- House Bill No. 184. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Hart and Sanders of Coweta- House Bill No. 185. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Bridges of Early- House Bill No. 213. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Ferguson of Sumter- House Bill No. 214. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. McCracken of Jefferson- House Bill No. 238. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Adams of Franklin- House Bill No. 241. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Harris and Lanier of Richmond- House Bill No. 246. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. 676 JouRNAL OF THE SENATE, By Messrs. Salter of Baker and Bridges of Early- House Bill No. 258. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Oden of Pierce- House Bill No. 261. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Lewallen of Banks and Phillips and Palmour of Hall- House Bill No. 263. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes: By Messrs. Allison and Tapp of Gwinnett- House Bill No. 279. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Jackson of Habersham- House Bill No. 283. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. McCracken of Jefferson- House Bill No. 292. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Rowland of Johnson and Rountree of Emanuel- House Bill No. 300. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Striplin of Heard- House Bill No. 315. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes, FRIDAY, JANUARY 7, 1938. 677 By Messrs. Harris and Lanier of Richmond- House Bill No. 319. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. The following bills of the Senate and House were read the third time and put upon their passage: By Senators Neely of the 36th District and Kimbrough of the 25th District- Senate Bill No. 97. A bill to be entitled an Act to amend the charter of the City of Manchester, and for other purposes. Senator Neely of the 36th District offered the following amendment to Senate Bill No. 97: To amend by adding a new Section before the last section of said bill as follows: "Section 10. Be it further enacted by the authority aforesaid, that if any portion or section of this Act be declared unconstitutional it shall not affect the remaining sections of this Act and the same shall remain in full force and effect." To further amend said bill by renumbering the last Section accordingly. The amendment by Senator Neely 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 Mr. Fitts of Madison- House Bill No. 52. A bill to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. 678 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. Sams, Candler, and Turner of DeKalb- House Bill No. 71. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Holt of Appling- House Bill No. 80. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Corbett of Atkinson- House Bill No. 95. A bill amending the Highway Mileage Act by adding additional mileage 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 36, the nays 0. FRIDAY, jANUARY 7, 1938. 679 The bill having received the requisite constitutional majority was passed. By Mr. Pirkle of Forsyth- House Bill No. 96. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Corbett of Atkinson, Houze of Lowndes, Miller of Lanier, Coleman of Lowndes, Herrin of Echols, and others- House Bill No. 109. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Newton of Toombs- Hause Bill No. 163. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. 680 JouRNAL o:r THE SENATt, By Mr. Holt of Appling- House Bill No. 193. A bill amending the Act dividing the Brunswick Circuit and creating the new Waycross 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 32, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Candler, Sams, and Turner of DeKalb- House Bill No. 199. A bill amending the Highway Mileage Act by adding additional mileage 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 35, 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. 224. A bill amendi,ng the State Highway Mileage Act by adding additional mileage, and for other purposes. The report 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. Daves of Dooly- House Bill No. 318. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes. FRIDAY, JANUARY 7, 1938. 681 The report 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. Adams of Franklin- House Bill No. 327. A bill amending the State Highway Mileage Act by adding additional mileage, and for other purposes. The report 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 Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 337. A bill amending the State Highway Mileage Act by adding additional mileage 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. The following bills of the House were read the first time and referred to the committees: By Mr. Corbett of Atkinson- House Bill No. 161. A bill authorizing the levy of an occupation tax on persons doing business from rolling stores, and for other purposes. Referred to Committee on Finance. 682 JouRNAL OF THE SENATE, By Mr. Trapnell of Candler- House Bill No. 377. A bill reducing the bond of the Sheriff of Candler County, and for other purposes. Referred to Committee on Counties and County Matters. The following bills of the Senate and House were read the third time and put upon their passage: By Senator Lindsay of the 34th District- Senate Bill No. 35. A bill to prohibit the State of Georgia or any Department thereof or any political subdivision from employing in any agency of the State any alien except where there is no American citizens qualified for such, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Gross of Stephens- House Bill No. 242. A bill to be entitled an Act authorizing the State Highway Board to use any funds available to them for the purpose of matching any Federal funds, and for other purposes. The Committee of the Senate on Highways and Public Roads offered the following substitute for House Bill No. 242: A BILL To be entitled an Act to authorize the State Highway Board of Georgia to use any funds available to them for the purpose of matching any Federal Funds which are now or mav become available to them for building and constructing Rural Post Roads, Farm-to-Market Roads or Secondary Roads; and for the purpose of improving said roads; to provide a repealing clause and for other purposes. FRIDAY, jANUARY 7, 1938. 683 Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows: That the State Highway Board of Georgia shall transfer a sufficient amount of any funds available to them, to the Rural Post Roads Division of Georgia for the purpose of matching all available Federal Funds authorized by the Federal Government to be expended in Georgia in building and constructing Rural Post Roads, Farm-to-Market Roads and/or Secondary Roads. Provided, however, said State Highway Board, within its discretion may, after providing for the State Aid System of Highways, from time to time transfer such other funds as may be available to them, to the Rural Post Roads Division of Georgia to be expended in accordance with existing laws. Sec. 2. Be it enacted by the authority aforesaid, 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 bill, by substitute, the ayes were 35, the nays 0. The bill having received the requisite constitutional majority was passed, by substitute. Senator Neely of the 36th District asked unanimous consent that Senate Bill No. 97 be immediately transmitted to the House and the consent was granted. Senator Purdom of the 46th District moved that the Senate do now adjourn until Monday, January lOth, 1938, at 10:00 o'clock A. M. The motion prevailed. The President announced that the Senate stood adjourned until Monday, January lOth, 1938, at 10:00 o'clock A. M. 684 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., MoNDAY, JANUARY 10, 1938. 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 52nd 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 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 Pope of the 7th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on passage Senate and House bills and resolutions ready for third reading. The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: MoNDAY, JANUARY 10, 1938. 685 Mr. President. The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit: By Mr. Hodges of Liberty- House Bill No. 387. A bill to be entitled an Act to abolish the office of Tax Collector of Liberty County, Georgia; to create in lieu thereof the office of Tax Commissioner of Liberty County; and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 391. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch, and for other purposes. By Mr. Herrin of Echols- Hause Bill No. 392. A bill to be entitled an Act to reduce the bond of the Sheriff of Echols County, Georgia, and for other purposes. By Mr. Daughtry of Wilkinson- House Bill No. 400. A bill to be entitled an Act to abolish an Act creating the County Court for the County of Wilkinson, and for other purposes. By Mr. Harrison of Crawford- House Resolution No. 17-29a. A resolution to provide for the furnishing of certain volumes of the Reports of the Supreme Court and Court of Appeals to the Clerk of the Superior Court of Crawford County, and for other purposes. The following resolution of the Senate was read and adopted: By Senators Turner of the 35th District and Atwood of the 2nd District- Senate Resolution No. 46. A resolution deploring the death of Mrs. Bertha MeNabb, daughter of Senator Burrell of the 40th District, and expressing the sympathy of the Senate to the members of her family upon her untimely passing. 686 JouRNAL oF THE SENATE, The following brlls of the Senate were introduced, read the first time, and referred to the committees: By Senators Burgin of the 24th District and Moye of the 11th District- Senate Bill No. 104. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Lindsay of the 34th District- Senate Bill No. 105. A bill to amend Section 34-1302 of the 1933 Code with reference to elections, and for other purposes. Referred to Committee on Privileges and Elections. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 101. Do pass. Respectfully submitted, JACKSON, Chairman. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senator Spivey of the 16th District- Senate Bill No. 101. A bill reducing the bond of the Sheriff of Emanuel County, and for other purposes. The following bills of the House were read the third time and put upon their passage: MoNDAY, jANUARY 10, 1938. 687 By Messrs. Clark of Catoosa and Mavity of Walker- House Bill No. 88. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Booth of Barrow- . House Bill No. 92. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Booth of Barrow- House Bill No. 93. A bill to amend the Highway Mileage Act by adding additional mileage on the Braselton-Lawrenceville Road, and for other purposes. The report 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. Lewallen of Banks- House Bill No. 94. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. 688 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. Adams of Franklin- House Bill No. 110. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Barnard of Towns- House Bill No. 115. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Jones of Brantley- Hause Bill No. 130. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. MoNDAY, jANUARY 10, 1938. 689 The bill having received the requisite constitutional majority was passed. By Messrs. Thomas of Chattooga, Mavity and Sartain of Walker- House Bill No. 134. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Reid of Wilcox- House Bill No. 158. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Croker of Paulding, Welsch of Cobb, and Moore of Haralson- House Bill No. 165. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. 690 JouRNAL oF THE SENATE, By Mr. DeFoor of Mcintosh- House Bill No. 171. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Musgrove of Clinch and Berrin of Echols- Hause Bill No. 174. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Hampton of Fannin, Ellington of Gilmer, and McCravey of Union- House Bill No. 182. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Hart and Sanders of CowetaHouse Bill No. 184. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. MoNDAY, jANUARY 10, 1938. 691 The report 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. Hart and Sanders of CowetaHouse Bill No. 185. A bill to amend the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Bridges of EarlyHouse Bill No. 213. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Ferguson of SumterHouse Bill No. 214. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. 692 JOURNAL OF THE. SENATE, By Mr. McCracken of Jefferson- House Bill No. 238. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Adams of Franklin- House Bill No. 241. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Harris and Lanier of Richmond- House Bill No. 246. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Salter of Baker and Bridges of Early- House Bill No. 258. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. MoNDAY, jANUARY 10, 1938. 693 The report 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. Oden of Pierce- House Bill No. 261. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Lewallen of Banks and Phillips and Palmour of Hall- House Bill No. 263. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Allison and Tapp of Gwinnett- House Bill No. 279. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. 694 JouRNAL OF THE SENATE, The bill having received the requisite constitutional majority was passed. By Mr. Jackson of Habersham- House Bill No. 283. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. McCracken of Jefferson- House Bill No. 292. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Rowland of Johnson and Rountree of Emanuel- House Bill No. 300. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Striplin of HeardHouse Bill No. 315. A bill amending the Highway Mileage MoNDAY, jANUARY 10, 1938. 695 Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Harris and Lanier of Richmond- House Bill No. 319. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. Senator Pope of the 7th 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. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 27. A bill to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; 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 bill of the House be withdrawn from the Committee on Municipal Government, read a second time, andrecommitted to the Committee on Municipal Government: 696 JouRNAL oF THE SENATE, By Messrs. Edwards and Cochran of Thomas- House Bill No. 368. A bill to amend an Act creating a new charter for the Town of Meigs, Georgia, and for other purposes. The consent was granted, the bill read a second time and recommitted. The President named as a committee to act under the provisions of Senate Resolution No. 33, relative to the establishment of a Park for the Battlefield Area of Atlanta, the following members of the Senate, to-wit: Senators Lindsay of the 34th District and Millican of the 52nd District. The following bills of the House were read the first time and referred to the committees: By Mr. Hodges of Liberty- House Bill No. 387. A bill creating the office of Tax Commissioner of Liberty County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Musgrove of Clinch- House Bill No. 391. A bill amending the Act creating the offices of Commissioners of Roads and Revenues in Clinch County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Herrin of Echols- Hause Bill No. 392. A bill to reduce the bond of the Sheriff of Echols County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Daughtry of Wilkinson- House Bill No. 400. A bill abolishing the County Court of Wilkinson County, and for other purposes. Referred to Committee on Counties and County Matters. MoNDAY, jANUARY 10, 1938. 697 The following resolution of the House was read the first time and referred to the committee: By Mr. Harrison of Crawford- House Resolution No. 17. A resolution furnishing certain law books to the Clerk of the Superior Court of Crawford County, and for other purposes. Referred to Committee on Public Library. The following bill of the Senate was taken up for consideration: By Senator Chason of the 8th District- Senate Bill No. 74. A bill providing that no new drug shall be sold or dispensed in the State of Georgia until and unless it shall have first been tested chemically by the State Chemist and its medical value approved, and for other purposes. Senator Chason of the 8th District asked unanimous consent that Senate Bill No. 74 be withdrawn from the further consideration of the Senate due to the fact that its provisions did not come within the purview of the call of the extra session as issued by the Governor. The consent was granted and the bill was withdrawn from further consideration of the Senate. The following bills of the Senate and House were read the third time and put upon their passage: By Senator Shannon of the 21st District- Senate Bill No. 87. A bill to amend Section 69-101 of the Code of Georgia of 1933, entitled referendum to repeal charters of cities of less than fifty thousand 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 29, the nays 0. The bill having received the requisite constitutional majority was passed. 698 JouRNAL OF THE SENATE, Senator Shannon of the 21st District asked unanimous consent that Senate Bill No. 87 be immediately transmitted to the House and the consent was granted. By Senator Pope of the 7th District- Senate Bill No. 91. A bill to be entitled an Act to amend the income tax laws with reference to dividends received by corporations from other corporations, and for other purposes. Senator Pope of the 7th District offered the following amendment to Senate Bill No. 91: To amend Section 2 by striking therefrom the words "January 1st, 1938" and substituting in lieu thereof the words "upon its passage and approval." The amendment by Senator Pope of the 7th District 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. By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District- Senate Bill No. 92. A bill to fix and prescribe the compensation of the Chairman and members of the Industrial Board created by the Act of the General Assembly approved March 25th, 1937; to repeal conflicting laws; and for other purposes. The Committee on Industrial Relations offered the following amendment to Senate Bill No. 92: To amend by striking the words and numbers "six thousand ($6,000.00)" in Section 1 and inserting in lieu thereof the words and figures" five thousand ($5,000.00)." The committee amendment was adopted. MoNDAY, JANUARY 10, 1938. 699 Senator Sammon of the 51st District moved the previOus question and the motion prevailed. Senator Flynt of the 26th District called for the ayes and nays and the call was sustained. 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: Those voting in the affirmative were Senators: Allen Almand Atwood Brock Burgin Chason Clements Forrester Griner Hampton Hardman Jackson Jones Kimbrough Lindsay Millican Neely Patten Phillips Pope Purdom Robinson Sammon Shannon Shedd Sikes Sutton Thrasher Walker Williams Those voting in the negative were Senators: Flynt Harrison Johnson McCutchen Moye Peebles Peterson Pruett Turner Whitehead Verification of the roll call was dispensed with. The ayes were 30, the nays 10. The bill having received the requisite constitutional majority was passed, as amended. Not voting were: Senators Atkinson of the 1st District, Aultman of the 23rd District, Burrell of the 40th District, Ennis of the 20th District, Fowler of the 39th District, Harrell of the 12th District, Holmes of the 22nd District, Horne of the lOth District, Knabb of the 4th District, McKenzie of the 48th District, and Terrell of the 19th District. Senator Lindsay of the 34th District asked unanimous consent 700 JouRNAL OF THE SENATE, that Senate Bill No. 92 be immediately transmitted to the House and the consent was granted. By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District- Senate Bill No. 95. A bill to require the appointment of the Federal Savings and Loan Insurance Corporation as receiver of a Building and Loan Association chartered under the laws of Georgia to permit the Federal Savings and Loan Insurance Corporation to purchase, or make loans on, assets of a Building and Loan Association of which it is receiver or otherwise, and for other purposes. The report 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 2. The bill having failed to receive the requisite constitutional majority was lost. Senator Pope of the 7th District gave notice that at the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 95. By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District- Senate Bill No. 96. A bill to define the shares of state chartered building and loan associations and Federal savings and loan associations up to $5,000 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations, and for other purposes. The report 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, MoNDAY, JANUARY 10, 1938. 701 By Mr. Jones of Elbert- House Bill No. 54. A bill to regulate the business of Industrial Life Insurance Companies in the State of Georgia, and for other purposes. Senators Lindsay of the 34th District and Sammon of the 51st District offered the following amendments to House Bill No. 54: To amend by inserting after the word "the" and before the word "business" in line one of the caption the word "Industrial." To further amend after the word "all" and before the word "policies" by adding the word "such" in line 4 of caption. To further amend Section one, line 2 and line 3 by adding the word "industrial" before the word "insurance" wherever it appears in lines 2 and 3 of said section. The amendments by Senators Lindsay and Sammon 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 38, 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 Peterson of the 15th District- A resolution extending the privileges of the floor to Hon. Walter Morrison, Han. John Underwood and Hon. Dwight Flanders, prominent citizens of South Georgia. By Senator Jackson of the 14th DistrictA resolution extending the privileges of the floor to Hon. W. V. Parramore, former member of the General Assembly. By Senator Sikes of the 49th District- A resolution extending the privileges of the floor to Hon. W. J. Edwards, prominent merchant of Claxton, Georgia. 702 JouRNAL oF THE SENATE, By Senators Pope of the 7th District and Clements of the 9th District- A resolution extending the privileges of the floor to Han. Tom Tipton, prominent citizen of South Georgia. By Senator Allen of the 31st District- A resolution extending the privileges of the floor to Han. L. S. Johnson of Royston, Georgia. 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 morning at 10:00 o'clock. TuESDAY, jANUARY 11, 1938. 703 SENATE CHAMBER, ATLANTA, GA., TuESDAY, JANUARY 11, 1938. 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 Harrison of the 17th District, acting in behalf of the 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 gave notice of a motion that the Senate reconsider its action in defeating Senate Bill No. 95 on yesterday. Senator Holmes of the 22nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. Senator Flynt of the 26th District asked unanimous consent that the Secretary of the Senate be instructed to read at this time the Governor's proclamation convening the Extraordinary Session of the Legislature. There was objection. Senator Flynt of the 26th District moved that the Secretary of the Senate be instructed to read at this time the Governor's proclamation convenmg the Extraordinary Session of the Legislature. The motion was lost. Senator Pope of the 7th District moved that the Senate reconsider its action in defeating Senate Bill No. 95 on yesterday. 704 JouRNAL oF THE SENATE, The motion prevailed and the bill was placed at the foot of the calendar. The Journal was confirmed. Senator Pope of the 7th District asked unanimous cbnsent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage uncontested local Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Special order. 7. Putting on passage Senate and House bills and resolutions ready for third reading. The consent was granted. The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senators Atkinson of the 1st District and Pope of the 7th District- Senate Bill No. 106. A bill amending the Intangible Property Tax Act with reference to the taxes paid the chartered banks of this State, and for other purposes. Referred to Committee on Finance. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Bennett of WareHouse Bill No. 405. A bill to he enti tied an Act to provide TuESDAY, JANUARY 11, 1938. 705 for the holding of four terms of the Superior Court of Ware County, Georgia, and for other purposes. By Mr. Bennett of Ware- House Bill No. 406. A bill to be entitled an Act to amend an Act to establish the City Court of Waycross, Georgia, and for other purposes. The House has agreed to the Senate amendment to the following bill of the House, to-wit: By Mr. Ragan of Pulaski- House Bill No. 325. A bill to be entitled an Act to amend the charter of the City of Hawkinsville, and for other purposes. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 15. Do pass. Respectfully submitted, SHANNON, Chairman. Senator Fowler of the 39th District, Vice-Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me, as ViceChairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 102. Do pass. Respectfully submitted, FowLER, Vice-Chairman. 706 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 368. Do pass. House Bill No. 367. Do pass. House Bill No. 344. Do pass.. House Bill No. 357. Do pass. 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 228. Do pass. House Bill No. 392. Do pass. House Bill No. 72. Do pass, as amended. House Bill No. 212. Do not pass. House Bill No. 391. Do pass. House Bill No. 372. Do pass. House Bill No. 400. Do pass. Respectfully submitted, JAcKSON, Chairman. TuESDAY, jANUARY 11, 1938. 707 The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Claxton of Camden- House Bill No. 72. A bill supplementing the fees of the Sheriff of Camden County, and for other purposes. By Mr. Jones of Brantley- Hause Bill No. 228. A bill changing from the fee to the salary system in certain counties of Georgia, the Clerk of the Superior Court, the Sheriff and the Ordinary, and for other purposes. By Messrs. Joel and Hill of Clarke- House Bill No. 344. A bill amending the charter of the City of Athens, so as to authorize the city to enact zoning laws, and for other purposes. By Mr. Adams of Franklin- House Bill No. 357. A bill authorizing the City of Royston to enact zoning laws, and for other purposes. By Messrs. Simmons and Kirbo of Decatur- House Bill No. 367. A bill amending Section 21 of the Act creating a new charter for the City of Bainbridge, and for other purposes. By Mr. Adams of Franklin- House Bill No. 372. A bill reducing the bond of the Sheriff of Franklin County, and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 391. A bill amending an Act creating the offices of Commissioners of Roads and Revenues in Clinch County, and for other purposes. By Mr. Herrin of Echols- Hause Bill No. 392. A bill to reduce the bond of the Sheriff of Echols County, and for other purposes. 708 JouRNAL OF THE SENATE, By Mr. Daughtry of Wilkinson- House Bill No. 400. A bill abolishing the County Court of Wilkinsoi:l County, and for other purposes. The following bill of the Senate, favorably reported by the committee, was read the se~ond time: By Senator Pope of the 7th District- Senate Bill No. 102. A bill amending the Intangible Tax Act with reference to the returns made by banks and trust companies to the commissions, and for other purposes. Senator Millican of the 52nd District asked unanimous consent that the following bills of the House be withdrawn from the Committee on Municipal Government, read a second time, and recommitted to the Committee on Municipal Government: By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 223. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 269. A bill to amend an Act incorporating the City of Hapeville, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 349. A bill to amend an Act creating a new charter for the City of Atlanta, and for other purposes. The consent was granted, the bills read a second time and recommitted. 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. 42. A resolution proposing an amendment to the Constitution with reference to extraordinary sessions of the General Assembly, and for other purposes. TuESDAY, jANUARY 11, 1938. 709 The consent was granted, the bill read a second time and recommitted. The following bill of the Senate was read the third time and put upon its passage: By Senator Spivey of the 16th District- Senate Bill No. 101. A bill reducing the bond of the Sheriff of 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 41, 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 Mr. Bennett of Ware- House Bill No. 405. A bill providing for the holding of four terms of the Superior Court of Ware County, and for other purposes. Referred to Committee on General Judiciary No. 1. By Mr. Bennett of Ware- House Bill No. 406. A bill amending the Act establishing the City Court of Waycross, and for other purposes. Referred to Committee on Counties and County Matters. The following resolution of the Senate was read the second time and put upon its passage: By Senator Harrell of the 12th District- Senate Resolution No. 45. A resolution requesting the Director of the State Board of Public Assistance to furnish the Senate with certain information, and for other purposes. Senator Terrell of the 19th District offered the following amendment to Senate Resolution No. 45: 710 JouRNAL OF THE SENATE, To amend by striking the words "the several" wherever same appears and inserting in lieu thereof the word "some." The amendment by Senator Terrell was adopted. The resolution, as amended, was adopted. The following bill of the Senate, having been set aside as a special order of business for today, was taken up for consideration: By Senator Pope of the 7th District- Senate Bill No. 51. A bill to amend the Act creating the Board of Photographic Examiners, and for other purposes. Senator Pope of the 7th District offered the following amendments to Senate Bill No. 51, which were adopted: By striking from the mimeographed copies of said bill in lines 30, 31, 32, 33, and 34 of the caption the following, to-wit: "To require the Joint-Secretary of the Board to keep all records in his office separate and apart from any other records available at all reasonable hours to the Chairman of the Board; to provide that the Chairman of the Board shall receive $10.00 a day for each day actually devoted to the performance of his duties/ and inserting in lieu thereof the words: "To provide limitations upon the compensation of the Chairman"; by adding to the caption just before the words" and for other purposes" the following words, to-wit: "to provide penalties for the nonpayment or delayed payment of fees provided in this Act." By striking Section 3 of said bill in its entirety and inserting in lieu thereof the following words, to-wit: "Section 3. That Article 2, Section 2 of said Act, be, and the same is hereby amended by striking all of said Section 2 and inserting in lieu thereof a new section to be numbered Section 2 and to read as follows: "Section 2. The members of the State Board of Photographic Examiners shall annually elect one of their members as Chairman, who shall be the executive officer of the Board and shall be paid for his services compensation as fixed by the State Board of TuESDAY, jANUARY 11, 1938. 711 Photographic Examiners, provided, however, that the maximum amount payable as per diem compensation to said Chairman for the performance of any duties under this Act, shall not exceed $35.00 in any one month. The Joint-Secretary, State Examining Boards, shall keep the records of said Board and shall collect and disburse the fees provided for in this Act, upon the approval of the Chairman." By striking Section 4 of said bill in its entirety and inserting in lieu thereof the following, to-wit: "Section 4. That Article 2, Section 3 of said Act is hereby amended by striking and repealing the same in its entirety and inserting in lieu thereof the following: "Section 3. The said Joint-Secretary shall also act as Treasurer of the Board and shall perform the duties prescribed by this Act, and by the general law with reference to the Joint-Secret~ry ,soffice. " By striking in its entirety Section 5 of said bill, and appropriately renumbering the Sections following thereafter. By adding at th~ end of Section 13 of said bill the following subsections: By adding at the end of Section 13 of said bill the following subsections: "(c) Every Solicitor or customer solicitor shall pay an annual license fee of $10.00." By adding at the end of Section 16 of the bill the following, to-wit: "Any fee which is not paid within thirty (30) days of the date when it becomes due and payable shall subject the person, firm or corporation owing such fee to a penalty of $1.00, which penalty must be paid, along with the prescribed fee, before any license or certificate can be renewed." To amend Section 12 by adding at end of Section 12 the following: 712 JouRNAL OF THE SENATE, "Provided, that this Act shall not apply to newspaper photographers." Senator Thrasher of the 27th District moved that further consideration of Senate Bill No. 51 be indefinitely postponed. The President ruled the motion to indefinitely postpone Senate Bill No. 51 out of order due to the fact that a motion to indefinitely postpone Senate Bill No. 51 was offered by Senator Sammon of the 51st District on December 20, 1937 and same was lost. Senator Millican of the 52nd District moved the previous question on Senate Bill No. 51 and the motion prevailed. 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. Senator Harrell of the 12th District asked unanimous consent that Senate Bill No. 51 be immediatelv 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 Messrs. Whipple of Bleckley, Key of Jasper, Lanham and Davis of Floyd, and Ferguson of Sumter- House Bill No. 229. A bill to amend the Malt Beverage Act of 1935 (Ga. L. 1935, pp. 73-81) and Acts amendatory thereof, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, the nays 0. The bill having received the requisite constitutional majority was passed. The following bill of the Senate was taken up for consideration: TuESDAY, JANUARY 11, 1938. 713 By Senators Atkinson of the 1st District, Millican of the 52nd District, Sammon of the 51st District, and Chason of the 8th District- Senate Bill No. 95. A bill to require the appointment of the Federal Savings and Loan Insurance Corporation as receiver ofa building and loan association chartered under the laws of Georgia, and granting the Federal Savings and Loan Insurance Corporation other powers, and for other purposes. Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 95: To amend by adding after the words in the eighth line "receiver of such State chartered building and loan association" and before the words "and such Federal Savings and Loan Insurance Corporation" in the ninth line the following "unless good cause to the contrary is shown." The amendment by Senator Lindsay of the 34th District 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. 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 morning at 10:00 o'clock. 714 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, JANUARY 12, 1938. 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 Com.mittee 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 unanimm1s consent that, following the first part of the period of unanimous consents, the following be established as the order of business of the day: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Third reading and passage of local uncontested bills and resolutions of the House and Senate. 5. First reading and reference of House bills and resolutions. 6. Putting on passage bills and resolutions of the Senate and House ready for third reading. The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: WEDNESDAY, jANUARY 12, 1938. 715 Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Messrs. Lanham, Keel, and Davis of Floyd- House Bill No. 428. A bill to be entitled an Act to amend an Act to create a new charter for the City of Rome, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following bill of the House, to-wit: By Mr. Musgrove of Clinch- House Bill No. 350. A bill to be entitled an Act to abolish the County Court of Clinch County, Georgia, and for other purposes. Senator Horne of the lOth District asked unanimous consent that Senate Bill No. 90, a bill relating to venereal diseases, be withdrawn from the further consideration of the Senate due to the fact that according to Attorney General, M. ]: Yeomans, in a communication to Dr. T. F. Abercrombie, Director of the Department of Public Health, the opinion was expressed that said Senate Bill No. 90 did not come within the call of the Governor convening the extraordinary session. The consent was granted and Senate Bill No. 90 was withdrawn from the further consideration of the Senate. The following resolution of the Senate was introduced, read the first time, and referred to the committee: By Senator Shedd of the 3rd District and others- Senate Resolution No. 47. A resolution protecting and promoting the Shad industry in Georgia streams, and for other purposes. Referred to Committee on Conservation. 716 JouRNAL OF THE SENATE, The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Shannon of the 21st District- Senate Bill No. 107. A bill authorizing the County Commissioners of Twiggs County to pay the bond premium of the Tax Commissioner of said county, and for other purposes. Referred to Committee on Counties and County Matters. By Senator Shannon of the 21st District- Senate Bill No. 108. A bill amending the charter of the City of Jeffersonville in the County of Twiggs, and for other purposes. Referred to Committee on Counties and County Matters. By Senator Shannon of the 21st District- Senate Bill No. 109. A bill reducing the bond of the Sheriff of Twiggs County, and providing that the County Commissioners shall pay the premium on same, and for other purposes. Referred to Committee on Counties and County Matters. By Senators Lindsay of the 34th District, Shannon of the 21st District, Jackson of the 14th District, and Jones of the 38th District- Senate Bill No. 110. A bill amending the Act approved March 25, 1937, known as the Act creating the Department of Labor by amending Section 4 of said Act with reference to the appointment of the "Commissioner of Labor," and for other purposes. Referred to Committee on General Judiciary No. 1. 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 have had under consideration the following bill of the House and have instructed WEDNESDAY, jANUARY 12, 1938. 717 me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 405. Do pass. Respectfully submitted, LINDSAv, 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 have had under consideration the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following rec<;>mmendations: Senate Bill No. 103. Do pass. Senate Bill No. 98. Do pass. Senate Bill No. 99. Do pass. Senate Bill No. 93. Do pass. Senate Bill No. 104. Do pass. Respectfully submitted, PHILLIPS, Chairman. Senator Brock of the 37th District, Vice-Chairman of the Committee on Privileges and Elections, submitted the following report: Mr. President: Your Committee on Privileges and Elections have had under consideration the following bills of the Senate and have instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 59. Do pass. Senate Bill No. 105. Do pass. Respectfully submitted, BRocK, Vice-Chairman. 718 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 358. Do pass. House Bill No. 406. Do pass. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 27. Do pass, as amended. Respectfully submitted, ENNTs, Chairman. Senator Pope of the 7th District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have 150 copies of the committee amendments and all other amendments to House Bill No. 27 printed for the use of the members of the Senate. The consent was granted. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Atkinson of the 1st DistrictSenate Bill No. 59. A bill extending the penal laws of the WEDNESDAY, jANUARY 12, 1938. 719 State of Georgia with reference to illegal practices m general elections, and for other purposes. By Senators Almand of the 50th District and Whitehead of the 30th District- Senate Bill No. 93. A bill amending the Highway Mileage Act by adding additional mileage through the Town of Carlton in Madison County, and for other purposes. By Senator Lindsay of the 34th District- Senate Bill No. 98. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Allen of the 31st District- Senate Bill No. 99. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Peebles of the 18th District- Senate Bill No. 103. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senators Burgin of the 24th District and Moye of the 11th District- Senate Bill No. 104. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Lindsay of the 34th District- Senate Bill No. 105. A bill to amend Section 34-1302 of the 1933 Code relating to elections, 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. 358. A bill amending the Act consolidating 720 JouRNAL oF THE SENATE, the offices of Tax Collector and Tax Receiver in Haralson County, and for other purposes. By Mr. Bennett of Ware~ House Bill No. 405. A bill providing for four terms of court of \Vare County, and for other purposes. By Mr. Bennett of Ware~ House Bill No. 406. A bill amending the Act establishing the City Court of Waycross, and for other purposes. The following bill of the House was read the third time and put upon its passage: By Mr. Claxton of Camden~ House Bill No. 72. A bill to be entitled an Act to empower the governing authorities of all counties having a population of less than 6,335 and more than 72.4 miles of highways on the State Highway System, to increase the compensation of Sheriffs, and for other purposes. Senator Pruett of the 32nd District offered the following amendments to House Bill No. 72: To amend by striking therefrom all of Section 1 and substituting in lieu thereof a new Section 1 to read as follows: "Section 1. The governing authority of all counties in this State having an area of not less than 711 square miles therein and not more than 711 square miles therein according to the present survey of the counties in this State are hereby empowered to supplement the fees now paid sheriffs of said counties in the sum of $1800.00 per annum, same to be paid monthly by the county authorities out of county funds." To further amend the caption of House Bill No. 72 by striking therefrom all of the following language, to-wit: "Having a population of less than 6,335 and more than 72.4 miles of highway on the State Highway System," and adding in lieu thereof, "Having an area of not less than 711 square miles and not more than 711 square miles therein according to the present survey of the counties of this State." WEDNESDAY, JANUARY 12, 1938. 721 The amendments by Senator Pruett of the 32nd 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 34, 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. Jones of Brantley- Hause Bill No. 228. A bill changing from the fee to the salary system in certain counties of Georgia, the Clerk of the Superior Court, the SherifF and the Ordinary, and for other purposes. The report 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. Joel and Hill of ClarkeHouse Bill No. 344. A bill amending the charter of the City of Athens, so as to authorize the city to enact zoning laws, and for other purposes. The report 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. Adams of FranklinHouse Bill No. 357. A bill authorizing the City of Royston to enact zoning laws, and for other purposes. 722 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. Simmons and Kirbo of Decatur- House Bill No. 367. A bill amending Section 21 of the Act creating a new charter for the City of Bainbridge, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Edwards and Cochran of Thomas- House Bill No. 368. A bill amending the Act creating a new charter for the Town of Meigs, and for other purposes. The report 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. Adams of Franklin- House Bill No. 372. A bill reducing the bond of the Sheriff of Franklin 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. WEDNESDAY, JANUARY 12, 1938. 723 By Mr. Musgrove of Clinch- House Bill No. 391. A bill amending an Act creating the offices of Commissioners of Roads and Revenues in Clinch 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. Herrin of Echols- Hause Bill No. 392. A bill to reduce the bond of the Sheriff of Echols 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. Daughtry of Wilkinson- House Bill No. 400. A bill abolishing the County Court of 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. The following bill of the House was read the first time and referred to the committee: By Messrs. Lanham, Keel, and Davis of Floyd- House Bill No. 428. A bill amending the Act creating a new charter for the City of Rome, and for other purposes. Referred to Committee on Municipal Government. 724 JouRNAL OF THE SENATE, Senator Shedd of the 3rd District asked unanimous consent that Senate Bill No. 84, a bill proposing an amendment to the Constitution allowing the City of Baxley to levy a tax to retire the bonded indebtedness, be withdrawn from the further consideration of the Senate and the consent was granted. Senator Spivey of the 16th District asked unanimous consent that the following bill of the House be recommitted to the Committee on General Judiciary No.2: By Mr. Larsen of Laurens- House Bill No. 15. A bill to amend an Act abolishing the fee system in the Superior Court of the Dublin Judicial Circuit, and for other purposes. The consent was granted. The following bill of the Senate was read the third time and put upon its passage: By Senator Patten of the 6th District- Senate Bill No. 89. A BILL To be entitled an Act proposing to the qualified voters of Georgia an amendment to Article 3, Section 2 of the Constitution of Georgia, as amended by the Act approved March 29, 1937, and ratified by the people, by creating a new Senatorial District to be composed of the Counties of Lanier, Lowndes and Echols, and by transferring Mitchell County from the Eighth Senatorial District to the Seventh Senatorial District, and by transferring Brooks County from the Seventh Senatorial District to the Sixth Senatorial District. Be it enacted by the General Assembly of Georgia: Section 1. That Article 3, Section 2, of the Constitution of Georgia, as amended by the Act approved March 29, 1937,-and subsequently ratified by the people, be, and the same is hereby amended by striking in the second line of Paragraph 1 thereof the words "fifty-two" and inserting in lieu thereof the words "fifty-three"; and by striking in the third line thereof the words WEDNESDAY, jANUARY 12, 1938. 723 "fifty-two" and inserting in lieu thereof the words "fifty-three," so that said Paragraph 1 of Section 2 of Article 3, as amended, shall read as follows: "Paragraph 1. Number of Senators and Senatorial Districts. The Senate shall consist of 53 members. There shall be 53 Senatorial Districts, as now arranged by counties. Each district shall have one Senator." Sec. 2. That said Article 3, Section 2, of the Constitution of Georgia as amended by the Act approved March 29, 1937, which was subsequently ratified by the people, be, and the same is hereby amended by adding at the end of Paragraph 2 a new subsection to be numbered" 53" and to read as follows: "53. The Fifty-Third Senatorial District shall be composed of the Counties of Lanier, Lowndes and Echols." Said Article 3, Section 2, as amended by the Act approved March 29, 1937, and ratified, is further amended by striking the word" Mitchell" in subparagraph 8 of Paragraph 2; and by striking the word" Brooks" in subparagraph 7 of Paragraph 2 and inserting in lieu thereof the word" Mitchell;" and by striking the words "Echols," "Lowndes" and "Lanier" in subparagraph 6 of Paragraph 2, and inserting in lieu thereof the word "Brooks," so that said Section as amended shall read as follows: "Paragraph 2. Senatorial Districts Enumerated. 1. The First Senatorial District shall be composed of the Counties of Chatham, Bryan and Effingham. 2. The Second Senatorial District shall be composed of the Counties of Liberty, Tattnall, Mcintosh and Long. 3. The Third Senatorial District shall be composed of the Counties of Wayne, Appling, Jeff Davis and Brantley. 4. The Fourth Senatorial District shall be composed of the Counties of Glynn, Camden and Charlton. 5. The Fifth Senatorial District shall be composed of the Counties of Ware, Clinch and Atkinson. 6. The Sixth Senatorial District shall be composed of the Counties of Berrien, Cook and Brooks. 726 JouRNAL oF THE SENATE, 7. The Seventh Senatorial District shall be composed of the Counties of Mitchell, Thomas and Grady. 8. The Eighth Senatorial District shall be composed of the Counties of Decatur, 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 of Sumter, 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 Richmond, Glascock and Jefferson. 19. The Nineteenth Senatorial District shall be composed of the Counties of Taliaferro, Greene and Warren. 20. The Twentieth Senatorial District shall be composed of the Counties of Baldwin, Hancock and Washington. 21. The Twenty-first Senatorial District shall be composed of the Counties of Twiggs, Wilkinson and Jones. 22. The Twenty-second Senatorial District shall be composed of the Counties of Bibb, Monroe, Pike and Lamar. WEDNESDAY, jANUARY 12, 1938. 727 23. The Twenty-third Senatorial District shall be composed of the Counties of Houston, Crawford, Taylor and Peach. 24.. The Twenty-fourth Senatorial District shall be composed of the Counties of Muscogee, Marion and Chattahoochee. 25. The Twenty-fifth Senatorial District shall be composed of the Counties of Harris, Upson and Talbot. 26. The Twenty-sixth Senatorial District shall be composed of the Counties of Spalding, Butts and Fayette. 27. The Twenty-seventh Senatorial District shall be composed of the Counties of Barrow, Walton and Oconee. 28. The Twenty-eighth Senatorial District shall be composed of the Counties of Jasper, Putnam and Morgan. 29. The Twenty-ninth Senatorial District shall be composed of the Counties of Columbia, Lincoln and McDuffie. 30. The Thirtieth Senatorial District shall be composed of the Counties of Elbert, Madison and Hart. 31. The Thirty-first Senatorial District shall be composed of the Counties of Franklin, Habersham and Stephens. 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 and 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. 728 JouRNAL OF THE SENATE, 39. The Thirtv-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 Fortv-third Senatorial District shall be composed of the Counties of Murray, Gordon and Whitfield. 44. The Fortv-fourth Senatorial District shall be composed of the Counties.o.f Walker, Dade and Catoosa. 45. The Forty-fifth Senatorial District shall be composed of the Counties of Irwin, Ben Hill and Telfair. 46. The Forty-sixth Senatorial District shall be composed of the Counties of Bacon, Pierce and Coffee. 47. The Forty-seventh Senatorial District shall be composed of the Counties of Colquitt, Tift and Turner. 48. The Forty-eighth Senatorial District shall be composed of the Counties of Crisp, Wilcox and Dodge. 49. The Forty-ninth Senatorial District shall be composed of the Counties of Bulloch, Candler and Evans. 50. The Fiftieth Senatorial District shall be composed of the Counties of Clarke, Oglethorpe and Wilkes. 51. The Fifty-first Senatorial Bistrict shall be composed of the Counties of Gwinnett and Forsyth. 52. The Fifty-second Senatorial District shall be composed of the County of Fulton. 53. The Fifty-third Senatorial District shall be composed of the Counties of Lanier, Lowndes and Echols." Sec. 3. This amendment, if duly adopted, shall be published in one or more newspapers in each Congressional Dis- WEDNESDAY, JANUARY 12, 1938. 729 trict for two months previous to the time of holding the next general election, and the Governor is hereby directed to see that such publication is made, 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 this amendment shall have written or printed on their ballots the words "For ratification of amendment to Article 3, Section 2, of the Constitution of Georgia, creating a new Senatorial District to be composed of Lanier, Lowndes and Echols Counties, and transferring Mitchell County to the Seventh Senatorial District, and transferring Brooks County to the Sixth Senatorial District"; 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 3, Section 2, of the Constitution of Georgia, creating a new Senatorial District to be composed of Lanier, Lowndes and Echols Counties, and transferring Mitchell County to the Seventh Senatorial District, and transferring Brooks County to the Sixth Senatorial District." If a majority of those voting at the next general election 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 3, Section 2, 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 Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Harrison Holmes Horne JacksonJohnson Jones Kimbrough Knabb 730 JOURNAL OF THE SENATE, Lindsay McCutchen Millican Moye Patten Peebles Peterson Phillips Pruett Robinson Sammon Shannon Shedd Sutton Terrell Turner Walker Whitehead Williams Those voting in the negative were Senators: Almand Flynt Verification of the roll call was dispensed with. The ayes were 43, the nays 2. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators McKenzie of the 48th District, Neely of the 36th District, Pope of the 7th District, Purdom of the 46th District, Sikes of the 49th District, and Thrasher of the 27th District. The following resolutions of the Senate were read and adopted: By Senators Spivey of the 16th District, Terrell of the 19th District, and Williams of the 5th District- Senate Resolution No. 48. A resolution expressing the sympathy of the Senate to Senator C. M. McKenzie of the 48th District upon his illness and wishing for him a speedy recovery. By Senator Pope of the 7th District- Senate Resolution No. 49. A resolution requesting the Secretary of State of the United States, Han. Cordell Hull, to use his good offices in obtaining the listing of okra and peppers packed in brine on the list of items free of duty for export into the Dominion of Canada, and for other purposes. The doorkeeper of the Senate announced the presence of His Excellency, the Governor, Han. Cecil B. DeMille, the distinguished committee of escort from the Senate, and other distinguished guests at the door of the Senate Chamber. The distinguished guests were admitted to the Senate Chamber and conducted to the President's stand. WEDNESDAY, JANUARY 12, 1938. 731 The President presented His Excellency, Governor Rivers, who introduced to the Senate Hon. Cecil B. DeMille and other distinguished guests. The following resolution of the Senate was read and adopted: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Williams of the 5th District- Senate Resolution No. 50. A resolution felicitating the Governor, Hon. E. D. Rivers, upon his many accomplishments during his first year as Chief Executive of the State Government, upon this his first anniversary as such, and for other purposes. The following privilege resolutions were read and adopted: By Senator Spivey of the 16th District- A resolution extending the privileges of the floor to Dr. and Mrs. John R. Lewis of Louisville, Georgia. A resolution extending the privileges of the floor to Judge Frank Mitchell, Mayor of the City of Swainsboro. By Senator Brock of the 37th District- A resolution extending the privileges of the floor to Hon. M. E. Griffin, a prominent citizen of Carroll County, Georgia. By Senator Whitehead of the 30th District- A resolution extending the privileges of the floor to Hon. J. H. Skelton, former member of the Senate and prominent lawyer of Hart County, Georgia. By Senators Forrester of the 44th District and Johnson of the 42nd District- A resolution extending the privileges of the floor to Hon. T. E. Denton, prominent lawyer of Northwest Georgia. Senator Purdom of the 46th 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. 732 JouRNAL oF THE SENATE, SENATE CHAMBER, ATLANTA, GA., THURSDAY, jANUARY 13, 1938. 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 Jones of the 38th District, Vice-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 52nd 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 52nd District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on passage general Senate and House bills ready for third reading. The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: THURSDAY, JANUARY 13, 1938. 733 Mr. President: The House has passed by substitute as amended the following bill of the Senate, to-wit: By Senators Purdom of the 46th District and Jackson of the 14th District- Senate Bill No. 31. A bill to be entitled an Act to amend Code Section 92-5301 with reference to fees and commissions of Tax Receivers and Tax Collectors, and for other purposes. The House has agreed to the Senate Amendment to the following bill of the House, to-wit: By Mr. Welsch of Cobb- House Bill No. 68. A bill to be entitled an Act to amend Civil Code of Georgia of 1933, relating to exercising right of eminent domain, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: The House has passed by the requisite constitutional majority the following bills and resolution of the House and Senate, to-wit: By Senator Williams of the 5th District- Senate Bill No. 75. A bill to be entitled an Act to amend the Constitution so as to authorize the Town of Willacoochee to incur bonded indebtedness, and for other purposes. By Mrs. Mankin and Mr. Hastings of Fulton- House Resolution No. 37-176a. A resolution authorizing the Department of Public Welfare to add the name of Mrs. Shirley Gay Reynolds, widow of Benjamin Andrew Reynolds to the Confederate Pension Rolls of this State, and for other purposes. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 366. A bill to be entitled an Act to authorize the boards of education of all counties in the State of Georgia, having a population of not less than 48,667 and not more than 48, 677 as determined by the census of the United States of 1930, 734 JouRNAL OF THE SENATE, to insure the lives and health of all teachers and other employees of such boards of education, and for other purposes. By Messrs. Joel and Hill of Clarke- House Bill No. 375. A bill to be entitled an Act to fix the amount of Bond to be furnished by Sheriffs for the faithful and correct performance of their duties of office in all counties of Georgia, and for other purposes. By Mr. Whipple of Bleckley- House Bill No. 397. A bill to be entitled an Act to amend Section 38 of an Act approved August 15, 1904, to create a new charter for the City of Cochran, and for other purposes. By Messrs. Weaver, Horne, and Freeman of Bibb- House Bill No. 404. A bill to be entitled an Act to provide for the listing of taxpayers in counties having a population of not less than 70,000 and not more than 100,000, and for other purposes. By Mr. Field of Whitfield- House Bill No. 407. A bill to be entitled an Act to amend the charter of the City of Dalton by providing that its Mayor and Council shall not have power to require any street or road duty of any resident, and for other purposes. By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton- House Bill No. 408. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: By Mr. Reid of Wilcox- House Bill No. 421. A bill to be entitled an Act to repeal that certain Act approved March 24, 1933 (Georgia Laws 1933, pages 768-776) creating a Board of Commissioners of Roads and Revenues for Wilcox County, Georgia, and for other purposes. THURSDAY, JANUARY 13, 1938. 735 By Mr. Reid of Wilcox- House Bill No. 422. A bill to be entitled an Act to repeal that certain Act approved August 7, 1923 (Ga. Laws 1923, pp. 354357) which abolished the office of County Treasurer of Wilcox County, Ga., and for other purposes. By Mr. Warnell of Bryan- House Bill No. 426. A bill to be entitled an Act to reduce the amount of the official bond of the sheriff of Bryan County, Georgia to $2500.00; to repeal all conflicting laws; and for other purposes. By Mr. Field of Whitfield- House Bill No. 431. A bill to be entitled an Act to amend Section 92-6911 of the Code of Georgia of 1933 as amended by an Act approved March 31, 1937, entitled Tax Assessments by Counties, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Peebles of the 18th District- Senate Bill No. 111. A bill amending the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Burrell of the 40th District- Senate Bill No. 112. A bill amending the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Senator Burrell of the 40th District- Senate Bill No. 113. A bill amending the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. 736 JouRNAL OF THE SENATE, By Senators Pope of the 7th District, Atkinson of the 1st District, Jackson of the 14th District, and Phillips of the 29th District- Senate Bill No. 114. A bill providing for the confirmation by the Senate of appointees of the Governor for public office, and for other purposes. Referred to Committee on State of Republic. 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 have had under consideration the following bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 107. Do pass. Senate Bill No. 108. Do pass. Senate Bill No. 109. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 110. Do pass. Respectfully submitted, LINDSAv, Chairman. THURSDAY, jANUARY 13, 1938. 737 Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under consideration the following resolution of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Resolution No. 47. Do pass. Respectfully submitted, SHEDD, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 155. Do pass. House Bill No. 364. Do pass, as amended. House Bill No. 428. Do pass. Respectfully submitted, PEEBLES, Chairman. Senator Lindsay of the 34th District moved that the House substitute and House amendment to Senate Bill No. 31 be printed and placed on the desk of each Senator before same be taken up for consideration by the Senate. The motion prevailed. Senator Ennis of the 20th District arose to a point of personal privilege and addressed the Senate. Senator Lindsay of the 34th District arose to a point of personal privilege and addressed the Senate. 738 JouRNAL OF 'l'HE SENATE, Senator Almand of the 50th District asked unanimous consent that the following letter be read by the Secretary of the Senate and that same be included in the Journal of the Senate and the consent was granted: ~ovember 13, 1937. HoN. E. D. RIVERS, Governor and Members of the State Board of Public Welfare Gentlemen: The situation presents itself that the hospital at Milledgeville has reached a stage that is more than alarming and your chairman would feel derelict in his duty if he did not officially call to the attention of the entire membership the condition unbelievable among civilized people. It is a direct indictment and challenge to the citizenship of Georgia and presenting, briefly, the highlights, I urge that we, as a Board, whether with or without authority, take drastic steps to remedy, as nearly as possible, some of the conditions enumerated below before a terrible catastrophe should occur: 1. The majority of the buildings are fire traps and should fire start, there is little chance to save the inmates of most buildings. 2. Conditions are unsanitary in the extreme and an epidemic might sweep the entire institution. 3. Some buildings are in such advanced state of disintegration that there is real danger of collapse, burning the inmates alive. 1. There is no fire protection. Stairs are of wood and are not cut off by fire stops. Most buildings are multi-story and the interiors are of frame with wood floors. Should a fire start, sheets of flame would envelope the stairway. The other stairs would burn and fall and there would be little chance for inmates to escape even if they were entirely normal, rather than handicapped. 2. The sanitary provisions are so inadequate as to be subhuman. The ordinary condition is to have one toilet for forty THURSDAY, JANUARY 13, 1938. 739 or fifty people, and in some instances, this runs to eighty people. When these few fixtures are in use, the others use the floors. Moreover, the floors have holes in them. The pipes leak and are stopped up. Filth descends from the toilet rooms above to those below. In the 1917 Negro Building fecal matter and filth is standing to considerable depth. The facilities for bathing are still more primitive. At the Colony Farm raw sewage is being dumped within fifteen feet of the recreational hall. There are other matters involving sanitation which are indescribable. 3. The older buildings, in fact all except the Jones Building, New Negro Female Building, and Central Heating Plant are disintegrating. The condition of the Green Building is such that it should be torn down. It is in danger of collapse. It is my impression that termites are destroying the woodwork of the 1917 Negro Building. The roof leaks, the copings are off, gutters and downspouts are gone and brick walls are falling out. The floors are sagging and I am informed that patients have actually fallen through the floors and sustained injuries. These buildings should be repaired to prevent them from falling on the inmates. It is my information that some time ago one patient killed another by immersing her in scalding water. Now a simple thermostatic control in the hot water line would have prevented the possibility of obtaining scalding water. A simple protective device would mean probably the saving of patients in the future of such a horrible death. The word "Overcrowded," is inadequate. Particularly is this true with the white patient population. The excess load being carried at present is: Colored Female ............... 15% Colored Male ................. 26% White Male................... 45% White Female................. 61% The results of overcrowding are gruesome in the extreme. Not long ago, two patients had to be confined to the same room over night. One killed the other using hands and teeth as weapons. Patients suffering from venereal diseases are mingled with thos~; 740 JouRNAL OF THE SENATE, who are clean. The means for caring for patients dying of tuberculosis are entirely inadequate. I have no criticism to offer of the staff of the institution, who are doing all that they can, but their loyal efforts can not make headway with the condition of the plant described above. The institution should be put in condition for human beings. At present, it is a disgrace to the State of Georgia. In submitting the above, which is in no sense exaggerated, but has been taken from unbiased reports and an analysis of conditions as have been observed by the writer and in the belief that the most serious responsibility confronting the State Board of Welfare is to force the issue so that conditions might be remedied. Each and every one of the 159 counties in Georgia are represented in the patient population. Therefore, the hospital is close to the hearts of the people of Georgia. Respectfully submitted, ARTHUR LucAs, Chairman, State Board of Public Welfare. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Shannon of the 21st District- Senate Bill No. 107. A bill authorizing the County Commissioners of Twiggs County to pay the bond premium of the Tax Commissioner of said county, and for other purposes. By Senator Shannon of the 21st District- Senate Bill No. 108. A bill amending the charter of the City of Jeffersonville in the County of Twiggs, and for other purposes. By Senator Shannon of the 21st District- Senate Bill No. 109. A bill reducing the bond of the Sheriff of Twiggs County, and providing that the County Commissioners shall pay the premium on same, and for other purposes. By Senators Lindsay of the 34th District, Jackson of the 14th District, Jones of the 38th District, and Shannon of the 21st District- . THURSDAY, jANUARY 13, 1938. 741 Senate Bill No. 110. A bill amending the Act approved March 25, 1937, known as the Act creating the Department of Labor by amending Section 4 of said Act with reference to the appointment of the Commissioner of Labor, 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 and others- Senate Resolution No. 47. A resolution to protect and promote the Shad industry in Georgia streams, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Booth of Barrow- House Bill No. 364. A bill amending the Act creating the charter for the City of Winder, and for other purposes. By Messrs. Lanham, Keel, and Davis of Floyd- House Bill No. 428. A bill amending the Act creating a new charter and municipal government for the City of Rome, and for other purposes. The following bills of the Senate were read the third time and put upon their passage: By Senators Almand of the 50th District and Whitehead of the 30th District- Senate Bill No. 93. A bill amending the Highway Mileage Act by adding additional mileage 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. 742 JouRNAL oF THE SENATE, By Senator Lindsay of the 34th District- Senate Bill No. 98. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Allen of the 31st District- Senate Bill No. 99. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Peebles of the 18th District- Senate Bill No. 103. A bill amending the Highway Mileage Act by adding additional mileage 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 35, the nays 0. The bill having received the requisite constitutional majority was passed. By Senators Burgin of the 24th District and Moye of the 11th District- Senate Bill No. 104. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. THURSDAY, jANUARY 13, 1938. 743 The report 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 third time and put upon their passage: By Mr. Moore of Haralson- House Bill No. 358. A bill amending the Act consolidating the offices of Tax Collector and Tax Receiver in Haralson County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Bennett of Ware- House Bill No. 405. A bill providing for four terms of the Superior Court of Ware County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Bennett of Ware- House Bill No. 406. A bill amending the Act establishing the City Court of Waycross, and for other purposes. The report 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. 744 JouRNAL OF THE SENATE, 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. Davis, Keel, and Lanham of Floyd- House Bill No. 366. A bill to authorize counties of a certain population to insure the lives and health of all teachers and employees of boards of education, and for other purposes. Referred to Committee on Education. By Messrs. Joel and Hill of Clarke- House Bill No. 375. A bill to fix the amount of Bond to be furnished by Sheriffs for the faithful and correct performance of their duties of office in all counties of Georgia, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Whipple of Bleckley- House Bill No. 397. A bill amending the Act creating a new charter for the City of Cochran, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Weaver, Horne, and Freeman of Bibb- House Bill No. 404. A bill to provide for the listing of tax payers in counties of a certain population, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Field of Whitfield- House Bill No. 407. A bill amending the charter of the City of Dalton, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton- House Bill No. 408. A bill amending the Act establishing a new charter for the City of Atlanta, and for other purposes. Referred to Committee on Municipal Government. THURSDAY, jANUARY 13, 1938. 745 By Mr. Reid of Wilcox- House Bill No. 421. A bill repealing 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. By Mr. Reid of WilcoxHouse Bill No. 422. A bill repealing the Act which abolished the office of County Treasurer of Wilcox County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Warnell of BryanHouse Bill No. 426. A bill reducing the bond of the Sheriff of Bryan County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Field of WhitfieldHouse Bill No. 431. A bill amending Section 92-6911 of the Code with reference to Tax Assessments in certain counties, 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 Mrs. Mankin and Mr. Hastings of FultonHouse Resolution No. 37. A resolution authorizing the Department of Public Welfare to add the name of Mrs. Shirley Gay Reynolds, widow of Benjamin Andrew Reynolds, to the Confederate Pension Rolls of this State, and for other purposes. Referred to Committee on Pensions. The following bill of the House was reached on the calendar and taken up for consideration: By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- 746 JouRNAL OF THE SENATE, House Bill No. 27. A bill to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; and for other purposes. Senator Pope of the 7th District asked unanimous consent that House Bill No. 27 be considered Section by Section and the consent was granted. Senator Millican of the 52nd District moved that further consideration of House Bill No. 27 be postponed until Tuesday, January 18, 1938, at which time it be made a special and continuing order of business of the day. The motion prevailed. The following bill of the Senate was read the third time and put upon its passage: By Senator Pope of the 7th District- Senate Bill No. 102. A bill amending the Intangible Tax Act with reference to the returns made by banks and trust companies to the commissions, and for other purposes. Senator Pope of the 7th District offered the following substitute for Senate Bill No. 102: A BILL To be entitled an Act to amend an Act entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible property, etc." of the Extraordinary Session of the General Assembly of 1937-1938, approved December 25, 1937, by adding to Section 4 thereof a new subsection, after subsection (b) to be known as subsection (c), providing banks may make returns and pay taxes for taxpayers; by adding to the Act a new section to be known as Section 14, providing that State chartered banks and savings and loan companies submitting to examination by the Superintendent of Banks shall be taxed as heretofore and not under the terms of the said Act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: THURSDAY, jANUARY 13, 1938. 747 Section 1. The Act of the General Assembly of the Extraordinary Session of1937-1938 entitled" An Act to classify property for taxation; to levy taxes on certain classes of intangible property, etc." approved December 25, 1937, be and the same is hereby amended by adding to Section 4 thereof a new subsection after subsection (b), to be known as subsection (c), to read as follows: "Subsection (c). Any bank or trust company organized under the laws of this State or the United States, having on deposit with it money subject to taxation under the terms of this Act, may make return to the Commission for one or more taxpayers of the aggregate amount of such money on deposit with such bank owned by said taxpayer or taxpayers and may pay the tax thereon, when authorized to make such return by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money on deposit with it subject to taxation under this Act owned by the one or more taxpayers authorizing the bank to make such return. The return shall state also the amounts of such money as shall have a taxable situs in each county, municipality or special taxing district in which any such money has a taxable situs. If a bank or trust company elects to make such return and pay such tax, any person having money on deposit therewith on which the bank has made a return and paid the taxes, shall be deemed to have made a return of his money for taxation hereunder, if he states in his return required by this Act the name of the bank or trust company authorized to make such return of money for taxation and pay the tax thereon." "Sec. 14. Notwithstanding any provision of this Act, State chartered banks and savings and loan companies organized under the laws of this State, submitting to examination by the Superintendent of Banks of this State, shall be taxed as heretofore provided by law such banks and their assets shall not be subject to the provisions of this Act." Sec. 2. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Senator Millican of the 52nd District moved the previous question on Senate Bill No. 102 and the motion prevailed. 748 JouRNAt OF 'I'HE SENA'f, The substitute by Senator Pope of the 7th District 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 28, the nays 8. The bill having received the requisite constitutional majority was passed, by substitute. The President at this time presented to the Senate His Excellency, the Governor, who introduced to the Senate the members of the State Board of Public Welfare. Senator Terrell of the 19th District asked unanimous consent that the Secretary of the Senate be instructed to read the following editorial from the January 11th, 1938 edition of the Thomasville Times-Enterprise and that the same be incorporated in the Journal of the Senate. The consent was granted and the following editorial was read: THE SEVENTH DISTRICT SENATOR The people of the seventh senatorial district of Georgia are greatly pleased with the manner in which they are being represented in the general assembly. At the regular session it was readily evident that Senator Jeff A. Pope, of Cairo, was an able and respected leader in the higher body. It has since been proven that he is not only alert, vigorous and stable in his ideas and opinions but he has presented several measures that while not of major import have relieved some sore spots and brought justice in the conduct of the state's affairs. The Times-Enterprise is delighted that it is finding evidence every day to justify its previous statement that we would have a representative in Mr. Pope, who would find profound pleasure in being of real value to citizens of the state and conservative and reasonable in his estimate and vote on major measures that came before the general assembly. Mr. Pope has been a very fine figure in his home county and he has extended the respect and admiration felt for him to the state in a very definite manner. THURSDAY, JANUARY 13, 1938. 749 It is predicted that Senator Pope will be heard from again in Georgia affairs and if this be true it will be based on most constructive and worth while things that he does rather than any spectacularly political buncomb that has elected some of our former figures into the limelight of political prestige. Hats off to Jeff Pope, his constructive thinking, his wise decisions and his purposeful consideration of the rights as well as the needs of the people of this great state. The following bill of the Senate was read the third time: By Senator Lindsay of the 34th District- Senate Bill No. 105. A bill to amend Section 34-1302 of the Code of 1933 relating to Elections, and for other purposes. The following amendments were read and adopted: By Senator Lindsay of the 34th District- To amend Senate Bill No. 105 by adding at the end of the caption the words "and for other purposes." By Senator Harrell of the 12th District- To amend Section one of Senate Bill No. 105 by striking the words "outside of an incorporated town or city," wherever same appears in the bill and caption. By Senator Whitehead of the 30th District- To amend Senate Bill No. 105 by striking the words 400 wherever they appear in said bill and inserting in lieu thereof the words one hundred. By Senator Jackson of the 14th District- To amend the Whitehead amendment to Senate Bill No. 105 by striking wherever it appears the words 100 and inserting in lieu thereof the words" all precincts shall close at same time." Senator Lindsay of the 34th District moved that further consideration of Senate Bill No. 105 be postponed until Friday, January 14th, 1938, and that same be set as a special order of business on that day. The motion prevailed. 750 JouRNAL OF THE SENATE, The following bill of the House was read the third time and put upon its passage: By Messrs. Parker and Barlow of Colquitt- House Bill No. 57. A bill to provide for the convening of the General Assembly of Georgia in emergency or extraordinary session, and for other purposes. The report 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 3. The bill having received the requisite constitutional majority was passed. The following privilege resolutions were read and adopted: By Senators Atwood of the 2nd District, Allen of the 31st District, and Purdom of the 46th District- A resolution extending the privileges of the floor to Mrs. Elbert Forrester, the charming and distinguished wife of the Senator from the 44th District. By Senator Clements of the 9th District- A resolution extending the privileges of the floor to Judge A. L. Miller, Judge of the City Court of Edison, Georgia. By Senator Holmes of the 22nd District- A resolution extending the privileges of the floor to Hon. J. A. Cason, Mayor of the City of Barnesville, Georgia. 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 morning at 10:00 o'clock. FRIDAY, JANUARY 14, 1938. 751 SENATE CHAMBER, ATLANTA, GA., FRIDAY, JANUARY 14, 1938. 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 52nd District asked unanimous consent that the calling of the roll be dispensed with. There was objection. Senator Lindsay of the 34th District moved that the calling of the roll be dispensed with and the motion prevailed. 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 52nd District asked unanimous consent that the reading of the Journal be dispensed with. There was objection. Senator Terrell of the 19th District moved that the reading of the Journal be dispensed with. On the motion by Senator Terrell of the 19th District, 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: Atkinson Aultman Burgin Burrell Chason Clements Forrester Hardman Home Jackson Lindsay Millican Pope Pruett Sikes Sutton Terrell Turner Williams 752 JouRNAL OF THE SENATE, Those voting in the negative were Senators: Almand Atwood Harrison Johnson Jones Phillips Purdom Walker Whitehead Verification of the roll call was dispensed with. The ayes were 19, the nays 9. The motion to dispense with the reading of the Journal therefore prevailed. Not voting were: Senators Allen of the 31st District, Brock of the 37th District, Ennis of the 20th District, Flynt of the 26th District, Fowler of the 39th District, Griner of the 45th District, Hampton of the 41st District, Harrell of the 12th District, Holmes of the 22nd District, Kimbrough of the 25th District, Knabb of the 4th District, McCutchen of the 43rd District, McKenzie of the 48th District, Moye of the 11th District, Neely of the 36th District, Patten of the 6th District, Peebles of the 18th District, Peterson of the 15th District, Robinson of the 13th District, Sammon of the 51st District, Shannon of the 21st District, Shedd of the 3rd District, and Thrasher of the 27th District. The Journal was confirmed. Senator Williams of the 5th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business of the day: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Third reading and passage of local uncontested bills and resolutions of the Senate and House. 5. First reading and reference of House bills and resolutions. 6. Special orders. 7. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. FRIDAY, JANUARY 14, 1938. 753 The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senators Shannon of the 21st District, Atwood of the 2nd District, and Williams of the 5th District- Senate Bill No. 115. A bill to create an Authority to promote the paper pulp industry of the State of Georgia, and for other purposes. Referred to Committee on Conservation. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed, as amended, the following bills of the Senate and House, to-wit: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 52. A bill to be entitled an Act to create a State Board to be known as The State Board of Penal Administration, and for other purposes. The House has adopted the following resolution of the House, to-wit: By Messrs. Sabados of Dougherty and Hastings of Fulton- House Resolution No. 121. A resolution extending the time for obtaining drivers' licenses until February 1, 1938, and for other purposes. The following message was received from the House through Joe Boone, 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: By Senator Atkinson of the 1st District- Senate Bill No. 60. A bill to be entitled an Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, Georgia, and for other purposes. 754 JouRNAL OF THE SENATE, By Mr. Hampton of Fannin- House Resolution No. 12-38a. A resolution authorizing the State Librarian to furnish to the Ordinary and Clerk of Superior Court of Fannin County certain Supreme Court and Court of Appeals reports, and for other purposes. By Messrs. Houston and Perry of Worth- House Resolution No. 47-226a. A resolution to relieve A. T. Simerly of Judgment recorded on records of Worth County, and for other purposes. By Mr. Simmons of Decatur- House Bill No. 78. A bill to be entitled an Act to amend Section 56-224, Georgia Code of 1933, relating to mvestments by insurance companies, and for other purposes. By Mr. Grayson of Chatham- House Bill No. 190. A bill to be entitled an Act to amend Section 14 of the General Appropriation Act relating to the Agricultural Department, and for other purposes. By Mrs. Mankin, 1\lessrs. Hastings and Kendrick of Fulton- House Bill No. 385. A bill to be entitled an Act to provide for the examination of Master Electricians in counties of a certain population, and for other purposes. By Mr. Sapp of Coffee- House Bill i'Jo. 386. A hill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a certain road in Coffee County, and for other purposes. By Mr. Spence of\Vare- House Bill No. 425. A bill to be en ti tied an Act to repeal an Act providing a new charter incorporating the Town of Waresboro, in \Vare County, Georgia, and for other purposes. The following resolution of the Senate was read and adopted: By Senators Johnson of the 42nd District and Jackson of the 14th District- FRIDAY, JANUARY 14, 1938. 755 Senate Resolution No. 51. A resolution relating to the dangerous conditions existing at the State Institutions for the insane at 1\:Iilledgeville, 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 Senators Phillips of the 29th District and Williams of the 5th District- Senate Resolution No. 52. A resolution requesting the State Department Heads to advertise Georgia by the use of printing on the backs of envelopes mailed by their respective departments, and for other purposes. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 374. Do pass, as amended. Respectfully submitted, JAcKSON, Chairman. Senator Flynt of the 26th District, Vice-Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 223. Do pass. House Bill No. 408. Do pass. Respectfully submitted, FLYNT, Vice-Chairman. 756 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 426. Do pass. House Bill No. 377. Do pass. 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 have had under consideration the following resolutions of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 25. Do pass, as amended. Senate Resolution No. 42. Do pass. Respectfully submitted, PoPE, Chairman. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Rawlins of Ben Hill- House Bill No. 374. A bill amending the Act creating the office of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes. FRIDAY, jANUARY 14, 1938. 757 By Mr. Trapnell of Candler- House Bill No. 377. A bill reducing the bond of the Sheriff of Candler County, and for other purposes. By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton- House Bill No. 408. A bill amending the Act establishing a new charter for the City of Atlanta, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 426. A bill reducing the bond of the Sheriff of Bryan County, and for other purposes. Senator Millican of the 52nd District asked unanimous con- sent that the following bill of the House be withdrawn from the Committee on Finance, read the second time, and recommitted to the Committee on Finance: By Mr. Corbett of Atkinson- House Bill No. 161. A bill to be entitled an Act to be known as the "Rolling Store Tax Act," and for other purposes. The consent was granted, the bill read a second time and recommitted. Senator Almand of the 50th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters: By Messrs. Joel and Hill of Clarke- House Bill No. 375. A bill to fix the amount of the bond of the Sheriff of Clarke County, and for other purposes. The consent was granted, the bill read a second time and recommitted. The following resolution of the House was read: By Messrs. Sabados of Dougherty and Hastings of Fulton- House Resolution No. 121. A resolution to extend the time limit for the purchase of a driver's license to February 1, 1938, and for other purposes. 758 JouRNAL OF THE SENATE, Senator Sutton of the 47th District asked unanimous consent that further consideration of House Resolution No. 121 be postponed until 11:00 o'clock A. M., today and the consent was granted. The following bills of the House were read the third time and put upon their passage. By Mr. Whipple of Bleckley- House Bill No. 155. A bill amending the Act creating a new charter for the Town of Cochran, and for other purposes. The report 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 Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 223. A bill amending the Act creating 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 29, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Lanham, Keel, and Davis of Floyd- House Bill No. 428. A bill amending the Act that created a new charter and Municipal Government for the City of Rome, and for other purposes. The report of the committee, which was favorable to the pas- sage 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. FRIDAY, jANUARY 14, 1938. 759 By Mr. Booth of Barrow- House Bill No. 364. A bill amending the Act creating the charter for the City of Winder approved August 4, 1917, and for other purposes. Senator Thrasher of the 27th District offered the following amendment: "By striking in line 4, Section 1, the following words: 'and also its environs within the limits of Barrow County.' " The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. On the passage of the bill, as amended, the ayes were 29, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed, as amended, the following bill of the Senate, to-wit: By Senators Neely of the 36th District and Kimbrough of the 25th District- Senate Bill No. 97. A bill to be entitled an Act to amend the charter of the City of Manchester, and for other purposes. The following bills of the House were read the first time and referred to the committees: By Mr. Simmons of Decatur- House Bill No. 78. A bill amending Section 56-224 of the 1933 Code relating to investments by insurance companies, and for other purposes. Referred to Committee on Insurance. 760 JouRNAL OF THE SENATE, By Mr. Grayson of Chatham- House Bill No. 190. A bill amending Section 14 of the General Appropriations Act relating to the operating funds of the Agricultural Department, and for other purposes. Referred to Committee on Appropriations. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 385. A bill providing for the examination of Master Electricians in counties of a certain population, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Sapp of Coffee- House Bill No. 386. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Spence of Ware- House Bill No. 425. A bill repealing the Act creating a new charter for the Town of Waresboro, 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. Hampton of FanninHouse Resolution No. 12. A resolution authorizing the State Librarian to furnish certain law books to the Ordinary and Clerk of Superior Court of Fannin County, and for other purposes. Referred to Committee on Public Library. By Messrs. Houston and Perry of WorthHouse Resolution No. 47. A resolution relieving A. T. Simerley, of Worth County, as surety on the bond of Fred Hayes, and for other purposes. Referred to Committee on Special Judiciary. FRIDAY, JANUARY 14, 1938. 761 The following bill of the Senate, having been set as a special order of business for today, was taken up for consideration: By Senator Lindsay of the 34th District- Senate Bill No. 105. A bill to be entitled an Act to amend Section 34-1302 of the Code of 1933 relating to elections, and for other purposes. Amendments to Senate Bill No. 105 were adopted on yesterday. Senator Lindsav of the 34th District offered the following substitute for Sen~te Bill No. 105: A BILL To be entitled an Act to repeal Section 34-1302 of the Code of 1933 relating to elections, how and when held; to enact a new statute in lieu thereof providing for the date for holding general elections and time of opening precincts in all elections and primaries held in this State; to repeal all laws in conflict therewith; 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 34-1302 of the Code of Georgia of 1933, providing for elections, how and when held, be and the same is hereby repealed. Sec. 2. Be it further enacted by the authority aforesaid that a new section to be known as Section 34-1302 be and the same is hereby enacted to read as follows: "All elections in this State, either general elections or primary elections shall be conducted as now provided by law, and the polls in all districts and precincts shall open at seven o'clock A. M., and close at six o'clock P. M., except the voting place in the district wherein is located the county seat where the polls shall remain open until seven o'clock P. M. The date of holding the general elections of this State shall be as follows: Tuesday after the first Monday in November of the even numbered years and Tuesday following the first Monday in June of the uneven years," so that said section, as amended, shall read as follows: 762 JouRNAL OF THE SENATE, "Section 34-1302. Elections, how and when held. All elections in this State, either general elections or primary elections shall be conducted as now provided by law, and the polls in all districts and precincts shall open at seven o'clock A. M. and close at six o'clock P. M., except the voting place in the district wherein is located the county seat where the polls shall remain open until seven o'clock P. M. The date of holding the general elections of this State shall be as follows: Tuesday after the first Monday in November of the even numbered years, and Tuesday following the first Monday in June of the uneven years." Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Senator Purdom of the 46th District offered the following amendment to the substitute for Senate Bill No. 105: To amend the substitute for Senate Bill No. 105 by striking from Section 2 the following words: "except the voting places in the district wherein is located the county seat where the polls shall remain open until seven o'clock P. M." 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, was agreed to, by substitute, as amended. On the passage of the bill, by substitute, as amended, the ayes were 27, the nays 2. The bill having received the requisite constitutional majority was passed, by substitute, as amended. The Senate disagreed to the House amendments to the following bill of the Senate, to-wit: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 52. A bill to create a State Board to be known as the State Board of Penal Administration, and for other purposes. FRIDAY, jANUARY 14, 1938. 763 Consideration of the following resolution of the House was resumed: By Messrs. Sabados of Dougherty and Hastings of Fulton- House Resolution No. 121. A resolution extending the time for obtaining driver's licenses to February 1, 1938, and for other purposes. House Resolution No. 121 was adopted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Booth of Barrow- House Bill No. 450. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Barrow, and for other purposes. By Mr. Booth of Barrow- House Bill No. 451. A bill to be entitled an Act to repeal an Act approved March 10, 1937, entitled "An Act to create a Board of Commissioners of Roads and Revenues for the Countv of Bar- row," and for other purposes. . The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House insists on its amendments to the following bill, towit: Senate Bill No. 52. A bill to be entitled an Act to create a State Board to be known as The State Board of Penal Administration, 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 764 JouRNAL oF THE SENATE, part of the Senate, on Senate Bill No. 52, the following members of the House, to-wit: Messrs. Bennett of Ware, Gross of Stephens, and Trapnell of Candler. Senator Shannon of the 21st District asked unanimous consent that the Secretary of the Senate be authorized and instructed to make all necessary typographical correctio~s in Senate Bills Nos. 107, 108, and 109, all local bills affecting Twiggs County. The consent was granted. The following bills of the Senate were read the third time and put upon their passage: By Senator Shannon of the 21st District- Senate Bill No. 107. A bill to provide that the Bond of the Tax Commissioner of Twiggs County shall be paid by the County Commissioners of said County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, the nays 0. The bill having received the requisite constitutional majority was passed. By Senator Shannon of the 21st District- Senate Bill No. 108. A bill amending the charter of the City of Jeffersonville, in the County of Twiggs, and for other purposes. The report 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 Shannon of the 21st DistrictSenate Bill No. 109. A bill to reduce the bond of the Sheriff FRIDAY, jANUARY 14, 1938. 765 of Twiggs County, and providing that the County Commissioners shall pay the premium on same, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, the nays 0. The bill having received the requisite constitutional majority was passed. Senator Lindsay of the 34th District asked unanimous consent that Senate Bill No. 110, a bill amending the Act creating the Department of Labor, be recommitted to the Committee on General Judiciary No. 1, and the consent was granted. Senate Bill No. 97, a bill amending the charter of the City of Manchester, was taken up for the purpose of considering the following House amendment thereto: To amend by striking Section 5, and inserting in lieu thereof the following: "Be it further enacted by the authority aforesaid that the four additional commissioners created by this Act shall hold office as hereinafter prescribed. Be it further enacted that the commissioners elected to succeed the commissioners created by this Act, shall hold office for a term of three years. Be it further enacted by the authority aforesaid that the commissioners elected to succeed those now elected and in office shall likewise hold office for a term of three years, or until their successors are elected and qualified as provided by law. By amending Section 6 of said bill by striking therefrom the following: "Each of said commissioners, including the chairman, shall receive a salary of $5.00 per month" and inserting in lieu thereof the following: "Each of said commissioners shall receive a salary of $5.00 per month, except the chairman, who shall receive a salary of $10.00 per month." By striking Section 7 of said bill and inserting in lieu thereof the following: "Be it further enacted by the authority aforesaid that in addition to the commissioners now elected and qualified, the following shall be the commissioners created by this Act and 766 JouRNAL OF THE SENATE, shall serve for the term designated after their name, viz., Edward L. Neely, who shall serve until the second Wednesday of January, 1939; A. J. Routon, who shall serve until the second Wednesday in January, 1940; A. H. NeSmith and Mrs. Eugene Brown, who shall serve until the second Wednesday in January, 1941, or until their successors are elected and qualified as provided by law." By adding to the caption of said bill immediately before the words "and for other purposes" the following: "To fix the term of office of the Commissioners of said City of Manchester." The Senate agreed to the House amendments to Senate Bill No. 97. Senate Bill No. 31, a bill with reference to fees and commissions of Tax Receivers and Tax Collectors, was taken up for the purpose of considering the following House substitute and amendment thereto: House Substitute for Senate Bill No. 31. AN ACT To be entitled an Act to amend Section 92-5301 of the Code of Georgia of 1933 by changing the classes and amounts of commissions allowed to Tax Receivers and Tax Collectors of State and County taxes; to provide for the fees to be allowed Tax Collectors on delinquent taxes; to provide for the time of payment of commissions to Tax Receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; 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 92-5301 of the Code of Georgia of 1933, providing for and prescribing the fees or commissions of Tax Receivers and Tax Collectors of State and County taxes, be amended by striking in its entirety the schedule of commissions therein, and by inserting in lieu thereof the following schedule, to-wit: On all digests up to and including $3,000.00. . . . . . . . . . 6% Over $3,000.00 and not exceeding $7,000.00. . . . . . . . . . . 5% FRIDAY, jANUARY 14, 1938. 767 Over $7,000.00 and not exceeding $12,000.00 .......... 4% Over $12,000.00 and not exceeding $18,000.00 ......... 3% Over $18,000.00 and not exceeding 826,000.00 ......... 2Y2% Over $26,000.00 and not exceeding $38,000.00. . . . . . . . . 2% Over $38,000.00 and not exceeding $54,000.00 ......... 1%% Over $54,000.00 ................................... 1H% so that said Section 92-5301, when amended, shall read as follows, to-wit: Section 92-5301. Commissions Enumerated. "The commissions to be allowed to each receiver and collector of State and County taxes shall be as follows, viz: On all digests up to and including $3,000.00. . . . . . . . . . 6% Over $3,000.00 and not exceeding $7,000.00 ........... 5% Over $7,000.00 and not exceeding $12,000.00 .......... 4% Over $12,000.00 and not exceeding $18,000.00 ......... 3% Over $18,000.00 and not exceeding $26,000.00 ......... 2Y2% Over $26,000.00 and not exceeding $38,000.00. . . . . . . . . 2% Over $38,000.00 and not exceeding $54,000.00......... 1%% Over.$54,000.00 ................................... 17'f% Sec. 2. Be it further enacted by the authority aforesaid, that this revised and amended schedule of commissions shall apply to tax digests for the years beginning January 1, 1938. Sec. 3. Be it further enacted by the authority aforesaid that as far as the Tax Collectors are concerned the above rates and schedules shall apply upon the 1st 90% of the ad valorem digests collected by the Tax Collector. On all taxes collected in excess of 90% of the total of taxes due according to the tax digest, prior to the year 1938, the Tax Collectors shall be paid for coL lecting the State's part of such delinquent taxes 10% of all such collections, irrespective of the above and foregoing schedules and rates. 768 JouRNAL OF THE SENATE, Sec. 4. Be it further enacted by the authority aforesaid that it shall be the duty of the Tax Collector to pay to the Tax Receiver his commissions due by the State and by the county, upon the production of the Comptroller-General's receipt for his digest, with a specification therein of the amount of commissions to which he is entitled, and not otherwise; and to produce said receiver's receipts, with his receipts thereon, to the Comptroller-General, before he shall be allowed credits for such commissions. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. House Amendment to House Substitute for Senate Bill No. 31. To amend by adding the word "net" before the word digest wherever the same appears in the substitute, so that the commissions shall be computed only on the net digest. Senator Lindsay of the 34th District moved that the Senate agree to the House substitute and House amendment thereto to Senate Bill No. 31. On the motion by Senator Lindsay of the 34th District, 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 Atwood Brock Burrell Clements Forrester Fowler Hampton Hardman Jackson Jones Kimbrough Lindsay Millican Moye Phillips Pruett Purdom Shannon Sikes Thrasher Those voting in the negative were Senators: Chason Griner Harrison Johnson Turner Whitehead Williams FRIDAY, jANUARY 14, 1938. 769 Verification of the roll call was dispensed with. The ayes were 23, the nays 7. The motion by Senator Lindsay of the 34th District was therefore adopted, and the House substitute, as amended, to Senate Bill No. 31, was agreed to. Not voting were: Senators Aultman of the 23rd District, Burgin of the 24th District, Ennis of the 20th District, Flynt of the 26th District, Harrell of the 12th District, Holmes of the 22nd District, Horne of the lOth District, Knabb of the 4th District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Patten of the 6th District, Peebles of the 18th District, Peterson of the 15th District, Pope of the 7th District, Robinson of the 13th District, Sammon of the 51st District, Shedd of the 3rd District, Sutton of the 47th District, Terrell of the 19th District, and Walker of the 28th District. Senator Purdom of the 46th District moved that the Senate insist upon its position of disagreement to the House amendments to Senate Bill No. 52 and requested that the President appoint a Conference Committee on the part of the Senate to confer with a like committee on the part of the House. The motion prevailed and the President named as a Committee of Conference on the part of the Senate on Senate Bill No. 52 the following Members, to-wit: Senators Lindsay of the 34th District, Purdom of the 46th District, and Forrester of the 44th District. The following resolution of the Senate was read the third time and put upon its passage: By Senator Shedd of the 3rd District and others- Senate Resolution No. 47. A resolution providing for the protection and promotion of the Shad Fishing Industry in the State of Georgia, and for other purposes. Senator Thrasher of the 27th District altered the following amendment to Senate Resolution No. 47: 770 JouRNAL oF THE SENATE, To amend paragraph 6, line 2 thereof by striking the word "requested" and inserting in lieu thereof the word" directed." 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, the ayes were 29, the nays 0. The resolution having received the requisite constitutional majority was adopted, as amended. The following privilege resolutions were read and adopted: By Senators Chason of the 8th District and Terrell of the 19th District- A resolution extending the privileges of the floor to Hon. H. 0. Cummings and Hon. J. F. Spooner of Seminole County. By Senators Forrester of the 44th District and Johnson of the 42nd District- A resolution extending the privileges of the floor to Hon. Charlie King, former member of the Senate from Murray County. Senator Harrison of the 17th District moved that the Senate do now adjourn until 10:00 o'clock Monday morning, January 17, 1938, and the motion prevailed. The President announced that the Senate stood adjourned until Monday morning at 10:00 o'clock, January 17, 1938. MoNDAY, JANUARY 17, 1938. 771 SENATE CHAMBER, ATLANTA, GA., MoNDAY, jANUARY 17, 1938. 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 Reverend G. Reid Smith, Pastor of the First Street Methodist Church of Macon, Georgia, whom the President announced would act as Chaplain of the Senate for a short while. Senator Holmes of the 22nd District asked unanimous consent that the calling of the roll be dispensed with. There was objection. Senator Millican of the 52nd District moved that the calling of the roll be dispensed with and the motion prevailed. The following resolution of the Senate was read and adopted without a dissenting vote: By Senators Harrison of the 17th District, Griner of the 45th District, Peterson of the 15th District, Sikes of the 49th District, Atkinson of the 1st District, and Millican of the 52nd District- A RESOLUTION Whereas, the Senate has learned with deep regret of the sudden illness of our beloved Senator from the 47th District, Hon. W. A. Sutton, and Whereas, it is feared that the nature of his illness may incapacitate him from his duties during the remainder of the session, and Whereas, the Senate will sorely miss his able counsel and services, and deplores his absence, Now therefore be it resolved, that we extend to our distinguished colleague our earnest hope for his speedy recovery and a quick return to his duties among us, 772 JouRNAL OF THE SENATE, Be it further resolved, that the Secretary of the Senate be requested to send flowers to Senator Sutton as an expression of the love and affection we hold for him and that he also be sent a copy of this resolution. 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 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 Move of the 11th District asked unanimous consent that, following. the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on 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 Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Harrison of Crawford- House Bill No. 202. A bill to be entitled an Act to amend an Act to enable the State Highway Department to carry out the MoNDAY, JANUARY 17, 1938. 773 provisions of an amendment to the Constitution, and for other purposes. By Mr. Adams of Franklin- House Bill No. 362. A bill to be entitled an Act to amend an Act entitled "Highway Mileage No. 289," so as to add additional mileage to the System of State Aid Roads, and for other purposes. By Messrs. Preston and Almand of Walton- House Bill No. 371. A bill to be entitled an Act to allow tax commissioners in certain counties to collect commissions on property returned for taxes, and for other purposes. By Messrs. Key of Jasper and Campbell of Newton- House Bill No. 379. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads in Jasper County and Newton County, and for other purposes. By Mr. Lewallen of Banks- House Bill No. 384. A bill to be entitled an Act to amend an Act approved August 29, 1929, (Acts 1929, pages 260-268, inclusive) said Act having heretofore been amended and to be amended by this Act by increasing the mileage of the State Aid System of Roads by adding mileage in Franklin and Banks Counties, Georgia, and for other purposes. By Mr. Adams of Franklin- House Bill No. 395. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads in Franklin County, and for other purposes. By Messrs. Hollis of Morgan and Key of Jasper- House Bill No. 424. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," and for other purposes. By Mr. Wall of Schley- House Bill No. 435. A bill to be entitled an Act fixing the fee of the Coroner of Schley County, Georgia, and for other purposes. 774 JouRNAL OF THE SENATE, By Mr. Ragan of Pulaski- House Bill No. 439. A bill to be entitled an Act to Amend an Act approved August 7th, 1924, to be found in Georgia Laws of 1924, Page 363, relating to the duties and salary of the Clerk of the Commissioner of Roads and Revenues of Pulaski County, Georgia, and for other purposes. By Mr. Ragan of Pulaski- House Bill No. 441. A bill to be entitled an Act to amend an Act to create a new charter for the City of Hawkinsville, Georgia, and for other purposes. The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senator Millican of the 52nd District- Senate Bill No. 116. A bill amending the Act creating the Board of Commissioners of Roads and Revenues of the County of Fulton, so as to authorize said Board to contribute to city and charitable organizations, and for other purposes. Referred to Committee on Counties and County Matters. Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Resolution No. 47-226a. Do pass. Respectfully submitted, ALLEN, Chairman. Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report: MoNDAY," JANUARY 17, 1938. 775 Mr. President: Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 305. Do pass, as amended. 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 have had under consideration the following bill of the House and have instructed me, as ViceChairman, to report the same back to the Senate with the following recommendation: House Bill No. 161. Do pass, by substitute. Respectfully submitted, FowLER, Vice-Chairman. Senator Sammon of the 51st District, Chairman of the Committee on Insurance, submitted the following report: Mr. President: Your Committee on Insurance have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 78. Do pass. Respectfully submitted, SAMMON, Chairman. The following bills of the House, favorably reported by the committees, were read the second time: 776 JouRNAL or THE. SENA't:, By Mr. Simmons of Decatur- House Bill No. 78. A bill amending Code Section 56-224 with reference to investments by insurance companies, and for other purposes. By Messrs. Cogdell of Glynn and Hodges of Liberty- House Bill No. 305. A bill granting the counties of Chatham, Bryan, Liberty, Mcintosh, and Camden authority to regulate and enforce zoning laws on State Highway Systems, and for other purposes. The following resolution of the House, favorably reported by the committee, was read the second time: By Messrs. Houston and Perry of Worth- House Resolution No. 47. A resolution to relieve A. T. Simerley as surety on the bond of Fred Hayes, and for other purposes. The following bills of the House were read the third time and put upon their passage: By Mr. Trapnell of Candler- House Bill No. 377. A bill fixing the amount of the official bond of the Sheriff of Candler 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. Warnell of BryanHouse Bill No. 426. A bill reducing the amount of the official bond of Sheriff of Bryan County, and for other purposes. The report of the committee, which was favorable to the pas- sage 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, jANUARY 17, 1938. 777 By Mr. Rawlins of Ben Hill- House Bill No. 374. A bill amending an Act creating the office of Commissioners of Roads and Revenues in and for Ben Hill, and for other purposes. The committee offered the following amendment: The Senate Committee moves to amend Section 2 of said bill so as to strike Section 2 as the same was passed by the House of Representatives and insert in lieu thereof a new Section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid that the Chairman of said Board of Roads and Revenues in and for Ben Hill County, Georgia, shall devote at least one-half of reasonable office hour time to looking after the affairs of the County of Ben Hill which properly come under the administration in management of the Board of Commissioners of Roads and Revenues of said County. By striking Section 4 from said bill as the same was passed by the House of Representatives, in its entirety, and change the numbers of the subsequent Sections of said bill accordingly. The committee moves to further amend said bill by amending Section 6 as the same appears in the original bill passed by the House of Representatives but which is recommended to be changed to Section 5 by this committee as follows: By striking the words and figures "and Section 4" from the third line of said Section 6; by striking the comma after the figure 2 in the third line of said Section 6 and inserting in lieu thereof the word "and." The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. On the passage of the bill, as amended, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. 778 JouRNAL oF THE SENATE, The following bills of the House were read the first time and referred to the committees: By Mr. Harrison of CrawfordHouse Bill No. 202. A bill to amend an Act to enable the Highway Department to carry out the provisions of an amendment to the Constitution, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Adams of FranklinHouse Bill No. 362. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Preston and Almand of WaltonHouse Bill No. 371. A bill to allow tax commissioners in cer- tain counties to collect commissions on property returned for taxes, and for other purposes. Referred to Committee on Finance. By Messrs. Key of Jasper and Campbell of Newton- House Bill No. 379. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Lewallen of BanksHouse Bill No. 384. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Adams of FranklinHouse Bill No. 395. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. MoNDAY, JANUARY 17, 1938. 779 By Messrs. Hollis of Morgan and Key of JasperHouse Bill No. 424. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Wall of Schley- House Bill No. 435. A bill fixing the fee of the Coroner of Schley County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Ragan of Pulaski- House Bill No. 439. A bill amending the Act with reference to the duties and salary of the Clerk of the Commissioner of Roads and Revenues of Pulaski County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Ragan of PulaskiHouse Bill No. 441. A bill to amend the Act creating a new charter for the City of Hawkinsville, and for other purposes. Referred to Committee on Municipal Government. By Mr. Booth of BarrowHouse Bill No. 450. A bill to create the office of Commissioner of Roads and Revenues of Barrow County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Booth of BarrowHouse Bill No. 451. A bill repealing the Act creating a Board of Commissioners of Roads and Revenues of Barrow County, and for other purposes. Referred to Committee on Counties and County Matters. The Senate stood recessed subject to the call of the Chair. The President called the Senate to order. 780 JouRNAL oF THE SENATE, The following resolution of the Senate was taken from the table, read a second time, and adopted: By Senators Phillips of the 29th District and Williams of the 5th District- Senate Resolution No. 52. A resolution requesting the State Department Heads to advertise Georgia by the use of printing on the backs of envelopes mailed by their respective Departments, and for other purposes. The following privilege resolutions were read and adopted: By Senators Peterson of the 15th District and Spivey of the 16th District- A resolution extending the privileges of the floor to Hon. James Waller, prominent citizen of Soperton, Georgia. By Senator Shedd of the 3rd District- A resolution extending the privileges of the floor to Hon. J. B. Moore of Baxley, Georgia, and Hon. Oscar L. Harris of \Vayne County, Georgia. By Senator Burgin of the 24th District- A resolution extending the privileges of the floor to Hon. C. Frank McLaughlin of Chattahoochee Judicial Circuit. By Senator Lindsay of the 34th District- A resolution extending the privileges of the floor to Mrs. F. Q. Sammon, wife of the distinguished Senator from the 51st District. By Senators Whitehead of the 30th District and Allen of the 31st District- A resolution extending the privileges of the floor to Hon. T. S. Mason, former member of the Senate from Hart County. Senator Shannon of the 21st 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. TuEsDAY, JANUARY 18, 1938. 781 SENATE CHAMBER, ATLANTA, GA., TuESDAY, JANUARY 18, 1938. 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 Aultman of the 23rd District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Jones of the 38th District, Vice-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 52nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. The Journal was confirmed. Senator Forrester of the 44th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Special orders. 7. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. 782 JouRNAL or 'tHE SENATE, The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority, as amended, the following hills of the Senate, to-wit: By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District- Senate Bill No. 28. A bill to be entitled an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State of Georgia, and for other purposes. By Senator Allen of the 31st District- Senate Bill No. 86. A bill to be entitled an Act authorizing the City of Toccoa to enact zoning laws, and for other purposes. The House has agreed to the Senate amendment to the following bill of the House, to-wit: By Mr. Booth of Barrow- House Bill No. 364. A bill to be entitled an Act to amend an Act creating the charter for the City of Winder, approved August 4, 1917, and the several Acts amendatory thereof, and for other purposes. The following message was received from the House through Joe Boone, 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 Senator Peebles of the 18th District- Senate Bill No. 56. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes. By Senator Peebles of the 18th District- Senate Bill No. 57. A bill to be entitled an Act to authorize TuESDAY, JANUARY 18, 1938. 783 the State Highway Board of Georgia to increase the mileage of the State Aid System of Roads, and for other purposes. By Senator Millican of the 52nd DistrictSenate Bill No. 68. A bill to be entitled a~ Act to amend the Act providing for pensions in counties having a population of 150,000 or more, and for other purposes. By Senator Williams of the 5th District- Senate Bill No. 70. A bill to be entitled an Act authorizing Highway Mileage from the City of Waycross to the City of Lakeland, and for other purposes. By Senator Neely of the 36th District- Senate Resolution No. 20. A resolution designating Highway No. 85 from Atlanta to Warm Springs, Georgia, the Clark Howell Memorial Highway, and for other purposes. By Mr. Harris of Richmond- House Resolution No. 112-439a. A resolution relieving Charles R. Wrenn of surety for Harry Flynn on the 13th day of November, 1934, of bond forfeiture, and for other purposes. By Messrs. Lewis of Burke and Jones of Jenkins- House Bill No. 117. A bill to be entitled an Act providing for and authorizing the Director of Wild Life to make necessary rules and regulations providing for the control and conduct of the fish industry, and for other purposes. By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin of Heard, Rowland of Johnson, and Hampton of Fannin- House Bill No. 170. A bill to be entitled an Act to amend Part IV relating to fertilizers and fertilizer materials of Title 5 of the Georgia Code of 1933 relating to agriculture, and for other purposes. By Mr. Adams of Franklin- House Bill No. 380. A bill to be entitled an Act to amend the Highway Mileage Act by increasing the mileage of the State Aid System of Roads, and for other purposes. 784 JouRNAL oF THE SENATE, By Mr. Drinkard of Lincoln- House Bill No. 393. A bill to be en ti tied an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Messrs. Drinkard of Lincoln and Clary of Columbia- House Bill No. 394. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Messrs. Douglas of Talbot and Johnson of Chattahoochee- House Bill No. 409. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 411. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Batchelor of Putnam- House Bill No. 412. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Messrs. Newby of Twiggs, Daughtry of Wilkinson, and Ennis of Baldwin- House Bill No. 414. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the System of State Aid Roads, and for other purposes. By Messrs. Daughtry of Wilkinson, Ennis of Baldwin, and Whipple of Bleckley- House Bill No. 415. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. \Varnock of Montgomery- House Bill No. 416. A bill to be entitled an Act to amend the TuEsDAY, jANUARY 18, 1938. 785 Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Messrs. Harrell and Blease of Brooks and Cochran and Edwards of Thomas- House Bill No. 418. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Adams of Franklin- House Bill No. 419. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. .By Mr. Evans of McDuffie- Hause Bill No. 427. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Messrs. Hollis of Morgan and Bond of Oconee- House Bill No. 429. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Jones of Elbert- House Bill No. 430. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Allison of Gwinnett- House Bill No. 432. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Clements of Wheeler- House Bill No. 433. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. 786 JouRNAL OF THE SENATE, By Mr. Adams of Franklin- House Bill No. 434. A bill to be entitled an Act to amend an Act approved August 29, 1929, entitled "Highway Mileage," by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Evans of McDuffie- Hause Bill No. 440. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Hollis of Morgan- House Bill No. 442. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Messrs. Marshall of Macon and Taunton ofTaylor- House Bill No. 443. A bill to be en ti tied an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Adams of Franklin- House Bill No. 446. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Batchelor of Putnam- House Bill No. 499. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads, and for other purposes. By Mr. Taunton of Taylor- House Bill No. 452. A bill to be entitled an Act to increase the salary of the Tax Commissioner of Taylor County, from $1,200 per annum to $1,800 per annum, and for other purposes. By Mr. Whipple of Bleckley- House Bill No. 457. A bill to be entitled an Act to amend an Act approved August 15, 1904, entitled an Act to provide and TuESDAY, jANUARY 18, 1938. 787 create a new charter for the Town of Cochran, in the County of Bleckley, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit: By Messrs. Carmichael of Cobb and Grayson of Chatham- House Resolution No. 128. A resolution commending Mr. Jim Downing and the management of the Warren Arena for their cooperation with the State athletic and recreational activities in Atlanta and throughout the State. By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton, Kirbo and Simmons of Decatur, Milam of Spalding, Sabados and Durden of Dougherty, Drake of Seminole, and Hand of Mitchell- House Resolution No. 130. A resolution memorializing the Postmaster General of the United States to establish an air mail route from Atlanta, Georgia, to Tampa, Florida, via Tallahassee, Florida, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senators Atkinson of the 1st District and Pope of the 7th District- Senate Bill No. 117. A bill providing for the filling of vacancies in offices of Clerks of Court and Tax Collectors in certain counties, and for other purposes. Referred to Committee on Counties and County Matters. By Senator Shannon of the 21st District- Senate Bill No. 118. A bill amending the Highway Mileage Act by adding additional mileage, and for other purposes. Referred to Committee on Highways and Public Roads. 788 JouRNAL OF THE SENATE, By Senators Patten of the 6th District and Williams of the 5th District- Senate Bill No. 119. A bill establishing the Herty Pulp and Paper Foundation, and for other purposes. Referred to Committee on Conservation. By Senator Neely of the 36th District- Senate Bill No. 120. A bill amending the Highway Mileage Act by adding additional mileage, 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 Senators Pope of the 7th District, Atkinson of the 1st District, and Atwood of the 2nd District- Senate Resolution No. 54. A resolution providing for the acquisition of Blackbeard Island by the State of Georgia, and for other purposes. Referred to Committee on State of Republic. Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 338. Do pass. House Bill No. 425. Do p~s. House Bill No. 397. Do pass. Respectfully submitted, PEEBLES, Chairman. TuESDAY, JANUARY 18, 1938. 789 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 have had under reconsideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 110. Do not pass. Respectfully submitted, LINDSAY, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 114. Do pass. Respectfully submitted, GRINER, Chairman. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senators Pope of the 7th District, Atkinson of the 1st District, Jackson of the 14th District, and Phillips of the 29th District- Senate Bill No. 114. A bill providing for the confirmation by the Senate of appointees of the Governor for public offices, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: 790 JouRNAL oF THE SENATE, By Messrs. Smith and Jones of Dodge- House Bill No. 338. A bill amending the charter of the City of Eastman, so as to authorize zoning ordinances, and for other purposes. By Mr; Whipple of Bleckley- House Bill No. 397. A bill amending the Act creating a new charter for the City of Cochran, and for other purposes. By Mr. Spence of Ware- House Bill No. 425. A bill repealing the Act providing a new charter for the Town of Waresboro, and for other purposes. Senator Millican of the 52nd District asked unanimous consent that the following bill of the Senate be withdrawn from the further consideration of the Senate: By Senator Millican of the 52nd District- Senate Bill No. 9. A bill defining building and loan associations, and for other purposes. The consent was granted. Senator Neely of the 36th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Privileges and Elections, read the second time, and recommitted to the Committee on Privileges and Elections: By Messrs. Peters and McGraw of Meriwether- Hause Bill No. 145. 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. The consent was granted, the bill read a second time and recommitted. Senator Lindsay of the 34th District asked unanimous consent that the following bill of the Senate be withdrawn from the further consideration of the Senate: TuESDAY, jANUARY 18, 1938. 791 By Senators Lindsay of the 34th District, Jackson of the 14th District, Jones of the 38th District, and Shannon of the 21st District- Senate Bill No. 110. A bill amending the Act approved March 25, 1937, known as the Act creating the Department of Labor by amending Se..:tion 4 of said Act with reference to the appointment of the Commissioner of Labor, and for other purposes. The consent was granted. The following bills of the House were read the third time and put upon their passage: By Messrs. Kendrick and Hastings and Mrs. Mankin of Fulton- House Bill No. 408. A bill amending the 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 0. The bill having received the requisite constitutional majority was passed. By Messrs. Cogdell of Glynn and Hodges of Liberty- House Bill No. 305. A bill granting to the Commissioners of Roads and Revenue of Chatham, Bryan, Liberty, Mcintosh, and Camden Counties authority to regulate and enforce zoning laws on the State Highway System, and for other purposes. The committee offered the following amendment: "First, by striking from said bill and the caption thereof, wherever they appear, the names 'Mcintosh,' and 'Camden'; and "Second, by striking the words 'one-half mile' wherever they appear in said bill and insert in lieu thereof the figures 'two hundred feet.' " The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. 792 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 resolution of the House was read the third time and put upon its passage: By Messrs. Houston and Perry of Worth- House Resolution No. 47. A resolution relieving A. T. Simerley as surety on the bond of Fred Hayes, 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 34, the nays 0. The resolution having received the requisite constitutional majority was adopted. The following bills of the House were read the first time and referred to the committees: By Messrs. Lewis of Burke and Jones of Jenkins- House Bill No. 117. A bill authorizing the Director of Wild Life to make necessary regulations providing for the control of the fish industry, and for other purposes. Referred to Committee on Game and Fish. By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin of Heard, Rowland of Johnson, and Hampton ofFannin- House Bill No. 170. A bill amending Part IV, Title 5 of the Code with reference to fertilizer inspectors, and for other purposes. Referred to Committee on Agriculture. By Mr. Adams of Franklin- House Bill No. 380. A bill to amend the Highway Mileage lUESDAY, jANUARY 18, 1938. 793 Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Drinkard of Lincoln- House Bill No. 393. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Drinkard of Lincoln and Clary of Columbia- House Bill No. 394. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Douglas of Talbot and Johnson of Chattahoochee- House Bill No. 409. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Brooks of Oglethorpe- House Bill No. 411. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Batchelor of Putnam- House Bill No. 412. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Newby of Twiggs, Daughtry of Wilkinson, and Ennis of Baldwin- 794 JouRNAL oF THE SENATE, House Bill No. 414. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Daughtry of Wilkinson, Ennis of Baldwin, and Whipple of Bleckley- House Bill No. 415. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Warnock of Montgomery- House Bill No. 416. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Harrell and Blease of Brooks and Cochran and Edwards of Thomas- House Bill No. 418. A bill amending the Highway Mileage Act by adding additional mileage 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. 419. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Evans of McDuffie------ Hause Bill No. 427. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. TuESDAY, JANUARY 18, 1938. 795 By Messrs. Hollis of Morgan and Bond of Oconee- House Bill No. 429. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Jones of Elbert- House Bill No. 430. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Allison of Gwinnett- House Bill No. 432. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Clements of Wheeler- House Bill No. 433. A bill amending the Highway Mileage Act by adding additional mileage 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. 434. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Evans of McDuffie- Hause Bill No. 440. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads.. 796 JouRNAL or THE SENATE, By Mr. Hollis of Morgan- House Bill No. 442. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Marshall of Macon and Taunton of Taylor- House Bill No. 443. A bill amending the Highway Mileage Act by adding additional mileage 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. 446. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Batchelor of Putnam- House Bill No. 449. A bill amending the Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Taunton of Taylor- House Bill No. 452. A bill increasing the salary of Tax Commissioner of Taylor County from $1,200 to $1,800 per annum, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Whipple of Bleckley- House Bill No. 457. A bill amending an Act providing for a new charter for the Town of Cochran, and for other purposes. Referred to Committee on Municipal Government. The following resolution of the House was read the first time and re(erred to the committee: TuESDAY, jANUARY 18, 1938. 797 By Mr. Harris of Richmond- House Resolution No. 112. A resolution relieving Charles R. Wrenn of surety on the bond of Harry Flynn, and for other purposes. Referred to Committee on Special Judiciary. The following bill of the House, having been set as a special order of business for today, was taken up for consideration: By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 27. A bill to be entitled an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; and for other purposes. Senator Pope of the 7th District asked unanimous consent that House Bill No. 27 be considered section by section and the consent was granted. Senator Lindsay of the 34th District offered the following amendments which were adopted: To amend Section 1, Chapter 1 by inserting in the 4th line of Section 1 after the word "which" the word "officer." To further amend by inserting in line 8, Section 1, Chapter 1, after the word "person," the words "firm or corporation." To further amend Chapter 1, Section 1 by adding at the end of said section, after changing the period to a comma, the words "or may from time to time be legally constituted." The amendment by Senator Lindsay were adopted. Senator Terrell of the 19th District offered the following amendment to House Bill No. 27: To amend Section 2 by striking therefrom the following words as they appear in lines 3, 4, 5, and 6 of said section: "The Commissioner shall be appointed by the Governor with the consent of the Senate for a term of six years, the first term beginning on 798 JouRNAL oF THE SENATE, the first of January, 1938," and inserting in lieu thereof the following: "The Commissioner shall be elected in the same manner and for the same length of term of office as members of the State Public Service Commission are now elected, the first term beginning on the first day of January, 1939. Provided, however, the Governor may appoint a Commissioner who may hold said office, under said appointment, up to and until January 1, 1939, or until his successor is duly qualified, as is provided for in this Act, or until said Commissioner, so appointed, is removed, for any cause, as herein provided for." On the amendment by Senator Terrell of the 19th District, Senator Terrell 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 Burrell Chason Flynt Griner Hampton Harrell Harrison Holmes Horne Johnson Jones Moye Peebles Peterson Pruett Terrell Walker Whitehead Williams Those voting in the negative were Senators: Allen Almand Atkinson Brock Burgin Clements Ennis Forrester Fowler Hardman Jackson Knabb Lindsay Millican Patten Phillips Pope Purdom Sammon Shannon Shedd Sikes Turner Verification of the roll call was dispensed with. The ayes were 21, the nays 23. The amendment by Senator Terrell was therefore lost. Not voting were: Senators Kimbrough of the 25th District, McCutchen of the 43rd District, McKenzie of the 48th District, TuESDAY, JANUARY 18, 1938. 799 Neely of the 36th District, Robinson of the 13th District, and Sutton of the 47th District. Senator Lindsay of the 34th District offered the following amendment to House Bill No. 27 which was adopted: To amend Chapter 2, Section 2, as follows: By inserting on line 5, after the word "years" the words "provided, however," and striking the words on the 5th and 6th lines "on the first of January, 1938" and substituting in lieu of such words, the following: "at the time of appointment and running to January 1, 1943." Senator Millican of the 52nd District offered the following amendment to House Bill No. 27. To amend Section 2 by striking out said section in its entirety and inserting in lieu thereof the following: "Section 2. Creation of Department and Office. The office of State Tax Commissioner and the Department of Taxation are hereby created. The Commissioner shall be the ComptrollerGeneral of the State of Georgia. He shall receive no additional compensation for performing the duties of State Tax Comm1sswner.'' On the amendment by Senator Millican of the 52nd District' Senator Fowler of the 39th District moved the previous question and the motion prevailed. On the adoption of the Millican amendment, Senator Millican of the 52nd 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 Atwood Aultman Burrell Ennis Flrnt Griner Hampton Hardman Harrell Harrison Holmes Horne Johnson Jones Millican Moye Peebles Peterson Pruett Sammon Shannon Shedd Sikes 800 JouRNAL OF THE SENATE, Terrell Thrasher Walker Whitehead Williams Those voting in the negative were Senators: Allen Atkinson Burgin Chason Clements Forrester Fowler Jackson Knabb Lindsay McCutchen Neely Patten Phillips Pope Purdom Turner Verification of the roll call was dispensed with. The ayes were 29, the nays 17. The amendment by Senator Millican was therefore adopted. Not voting were: Senators Brock of the 37th District, Kimbrough of the 25th District, McKenzie of the 48th District, Robinson of the 13th District, and Sutton of the 47th District. The following privilege resolution was read and adopted: By Senator Aultman of the 23rd District- A resolution extending the privileges of the floor to Hon. J. F. Lambert, Superintendent of Schools of Peach County, Georgia. The hour of 1:00 o'clock P. M., having arrived, the President announced that the Senate stood adjourned until tomorrow morning at 10:00 o'clock. WEDNESDAY, jANUARY 19, 1938. 801 SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, jANUARY 19, 1938. 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 Forrester of the 44th 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. By unanimous consent, Senator Thrasher of the 27th District was granted a leave of absence from the Senate for today. 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 Pruett of the 32nd District asked unanimous consent that, follow;ng the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills. 6. Unfinished business. 7. Putting on passage general Senate and House bills and resolutions ready for third reading. 802 JouRNAL OF THE SENATE, The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Thomas of Chattooga- House Bill No. 196. A bill to be entitled an Act to be known as the "Revenue Act to control Alcoholic Beverages and Liquors," to provide for a tax on alcoholic beverages and spirituous liquors not now taxed, and for the control, manufacture, importation, distribution, and sale in certain counties of such alcoholic beverages and liquors, and for other purposes. By Mr. Campbell of Newton- House Bill No. 462. A bill to be entitled an Act to amend the charter of the Town of Mansfield by providing that ali candidates for elective town offices shall announce and qualify not later than December 1, 4:00 P. M., and for other purposes. The House has adopted the following resolution of the Senate, to-wit: By Senators Phillips of the 29th District and Williams of the 5th District- Senate Resolution No. 52. A resolution requesting State Department Heads to advertise Georgia by the use of printing on the backs of envelopes mailed by their respective Departments. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District- Senate Bill No. 121. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. WEDNESDAY, jANUARY 19, 1938. 803 By Senator Lindsay of the 34th District- Senate Bill No. 122. A bill authorizing the Governor to sublease by the present lessee of the Western and Atlantic railroad or any part thereof, and for other purposes. Referred to Committee on \Vestern and Atlantic Railroad. By Senator Purdom of the 46th District- Senate Bill No. 123. A bill to amend the charter of the City of Blackshear, and for other purposes. Referred to Committee on Municipal Government. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 15. Do pass. Respectfully submitted, SHANNON, 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 have had under consideration the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Resolution No. 112-439a. Do pass. Respectfully submitted, ALLEN, Chairman. 804 JouRNAL oF THE SENATE, Senator Jackson of the 14th District, Chairman of the Committee on Counties and County :\Iatters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 71. Do not pass. Senate Bill No. 116. Do pass. House Bill No. 375. Do pass. House Bill No. 404. Do pass. House Bill No. 439. Do pass. House Bill No. 385. Do pass. Respectfully submitted, JAcKsoN, Chairman. Senator Patten of the Gth District, Chairman of the Committee on Education and Public Schools, submitted the following report: Mr. President: Your Committee on Education and Public Schools have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 366. Do pass. Respectfully submitted, PATTEN, Chairman. Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under considera- WEDNESDAY, jANUARY 19, 1938. 805 tion the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 119. Do pass. Respectfully submitted, SHEDD, Chairman. Senator Johnson of the 42nd District, Chairman of the Committee on Public Library, submitted the following report: Mr. President: Your Committee on Public Librarv have had under consideration the following resolutions of the. House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Resolution No. 12-38a. Do pass. House Resolution No. 17-39a. Do pass. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 117. Do pass. Respectfully submitted, jACKSON, Chairman. Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: 806 JouRNAL OF THE SENATE, Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 441. Do pass. House Bill No. 457. Do pass. Respectfully submitted, PEEBLEs, Chairman. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Millican of the 52nd District- Senate Bill No. 116. A bill amending the Act creating the Board of Commissioners of Roads and Revenues of Fulton Countv so as to authorize said Authorities to contribute to civic and charitable organizations, and for other purposes. By Senators Atkinson of the 1st District and Pope of the 7th District- Senate Bill No. 117. A bill providing for the filling of vacancies in offices of clerks in court and tax collectors in certain counties, and for other purposes. By Senators Patten of the 6th District and Williams of the 5th District- Senate Bill No. 119. A bill establishing the Herty Pulp and Paper Laboratory Foundation, and for other purposes. The following resolutions of the House, favorably reported by the committees, were read the second time: By Mr. Hampton of Fannin- House Resolution No. 12. A resolution authorizing the State Librarian to furnish certain law books to the Ordinary and Clerk of Superior Court of Fannin County, and for other purposes. WEDNESDAY, JANUARY 19, 1938. 807 By Mr. Harrison of Crawford- House Resolution No. 17. A resolution furnishing certain law books to the Clerk of the Superior Court of Crawford County, and for other purposes. By Mr. Harris of Richmond- House Resolution No. 11.2. A resolution relieving Charles R. Wrenn of surety on the bond of Harry Flynn, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 366. A bill to authorize counties of a certain population to insure the lives and health of all teachers and employees of boards of education, and for other purposes. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 385. A bill providing for the examination of Master Electricians in counties of a certain population, and for other purposes. By Messrs. Weaver, Horne, and Freeman of Bibb- House Bill No. 404. A bill to provide for the listing of taxpayers in counties of a certain population, and for other purposes. By Mr. Ragan of Pulaski- House Bill No. 439. A bill amending the Act with reference to the duties and salary of the Clerk of the Commissioner of Roads and Revenues of Pulaski County, and for other purposes. By Mr. Ragan of Pulaski- House Bill No. 441. A bill to amend the Act creating a new charter for the City of Hawkinsville, and for other purposes. By Mr. Whipple of Bleckley- House Bill No. 457. A bill amending an Act providing for a new charter for the Town of Cochran, and for other purposes. 808 JouRNAL OF THE SENATE, The following resolutions of the House were read and adopted: By Messrs. Carmichael of Cobb and Grayson of Chatham~ House Resolution :r\o. 128. A resolution commending Mr. Jim Downing and the management of the \Varren Arena for their co-operation with the State Athletic Commission in the development of the athletic and recreational activities in Atlanta and throughout the State, and for other purposes. By Mrs. Mankin and l\lessrs. Kendrick and Hastings of Fulton, Kirbo and Simmons of Decatur, Milam of Spalding, Sabados and Durden of Dougherty, Drake of Seminole, and Hand of 1Vli tchell~ House Resolution ~o. 130. A resolution memorializing the Postmaster General of the United States to establish an air mail route from .-\tlanta, Georgia, to Tampa, Florida, via Tallahassee, Florida, and for other purposes. The following bills of the House were read the third time and put upon their passage: By ~Ir. Larsen of Laurens~ House Bill No. 15. A bill to amend an Act abolishing the fee system in the Superior Court of the Dublin 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 32, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Smith and Jones of Dodge~ House Bill No. 338. A bill amending the Act creating a new charter for the City of Eastman, so as to authorize zoning ordi- nances, and for other purposes. The report 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, JANUARY 19, 1938. 809 The bill having received the requisite constitutional majority was passed. By Mr. Spence of Ware- House Bill K o. 425. A bill repealing the Act providing a new charter for the Town of \Yaresboro, and for other purposes. The report 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. Whipple of Bleckley- House Bill No. 397. A bill amending the Act creating a new charter for the City of Cochran, and for other purposes. The report 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 \Villiams of the 5th District asked unanimous consent that House Bill No. 425 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. Thomas of ChattoogaHouse Bill No. 196. A bill to be known as the "Revenue Act to Control Alcoholic Beverages and Liquors," to provide a tax on same in certain counties in this State, and for other purposes. Referred to Committee on Temperance. By Mr. Campbell of NewtonHouse Bill No. 462. A bill to amend the charter of the Town of Mansfield, and for other purposes. Referred to Committee on Municipal Government. 810 JouRNAL OF THE SENATE, The following bill of the Senate, having been carried over from yesterday as unfinished business, was taken up for consideration: By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 27. A bill to be entitled an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; and for other purposes. Senator Terrell of the 19th District offered the following amendment to House Bill No. 27: To amend Section 2 by striking from lines 3, 4, 5, and 6 of said section the words: "The Commissioner shall be appointed by the Governor" through the words "first of January, 1938" and by striking all of amendment to said section and substituting in lieu of the words so stricken in lines 3, 4, 5, and 6 of the original bill the following: "The Commissioner shall be elected in the same manner and for the same length of term of office as members of the State Public Service Commission are now elected, the first term beginning on the first day of January, 1939. Provided, however, the Governor may appoint a Commissioner who may hold said office, under said appointment, up to and until January 1st, 1939, or until his successor is duly qualified, as is provided for in this Act, or until said Commissioner, so appointed, is removed, for any cause, as herein provided for." On the adoption of the amendment by Senator Terrell of the 19th District, Senator Ennis of the 20th 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 Burgin Burrell Chason Clements Forrester Hampton Hardman Holmes Jackson Lindsay McCutchen WEDNESDAY, jANUARY 19, 1938. 811 Neely Patten Peebles Phillips Pope Purdom Robinson Sammon Shannon Sikes Terrell Turner Williams Those voting in the negative were Senators: Aultman Brock Ennis Flynt Harrell Harrison Horne Johnson Jones Knabb Millican Moye Peterson Pruett Walker Whitehead Verification of the roll call was dispensed with. The ayes were 28, the nays 16. The amendment by Senator Terrell of the 19th District was therefore adopted. Not voting were: Senators Fowler of the 39th District, Griner of the 45th District, Kimbrough of the 25th District, McKenzie of the 48th District, Shedd of the 3rd District, Sutton of the 47th District, and Thrasher of the 27th District. The following amendments to House Bill No. 27 were read and adopted: By the Committee: To amend Section 3 by striking said Section and inserting in lieu thereof a Section to be known as Section 3 as follows: Section 3. "Vacancies, Removal. If a vacancy shall occur in the office of the State Tax Commissioner otherwise than by expiration of term, it shall be filled by appointment by the Governor for the unexpired term. Whenever the Governor shall have trustworthy information that the Commissioner is insane, or has absconded or concealed himself, or grossly neglects his duties, or he is guilty of conduct plainly violative of his duties, or demeans himself in office to the hazard of the public funds or credit of the State, the Governor shall call a council to be composed of the Attorney General, Secretary of State, the 812 JouRNAL OF THE SENATE, State Treasurer, and if they, or a majority of them, after an examination into the truth of such information, shall find the same to be true, the Governor shall suspend said Commissioner from office until the next session of the General Assembly and issue proclamation thereof, and he shall submit to said body his action in the premises and the reasons therefor. Said suspension shall continue until the General Assembly shall otherwise direct." By Senator Lindsay of the 34th District: To amend the above committee amendment to Section 3 by adding after the word "term" in line three the words "subject to the approval of the Senate." By Senator Forrester of the 4"1th District: To amend Section 3a by changing the period at the end of line 4 to a comma, and adding the following words: "and no person other than a bona fide resident of the State of Georgia for more than ten years shall ever be eligible to appointment as State Tax Commissioner." By the Committee: To amend Section 4 by striking the same in its entiret, and inserting in lteu thereof the following: Section 4. "Powers and Duties, in General The State Tax Commissioner is hereby vested with all the power and authority and hereby required to perform all the duties formerl~ vested in the State Revenue Commission, and is hereby vested with all the power and authorit~ and required to perform all the duties relating to matters of Petroleum ! nspection taxation, and licenses heretofore vested in the Comptro!ler General :except licenses to insurance companies and their agents) and he is also vested with all the power and authority and rcq uired to perform all the duties relating to taxation and licenses heretofore vested in any State administrative officer or State Department, but the powers and authorities by this section vested in the State Tax Commissioner shall be the powers and authorit, of said officers as modified, limited and enlarged by this Act." WEDNESDAY, jANUARY 19, 1938. 813 By Senator Millican of the 52nd District: To amend the above committee amendment to Section 4 bv striking the words" Petroleum Inspection" in line 5. By the Committee: To amend Section 5 by striking said section and inserting in lieu thereof a section to be known as Section 5, as follows: Section 5. Enumeration of Duties. In addition to other duties assigned by law to the commissioner, but without limitation of the same, it is hereby specifically provided that he shall; (a) direct that appropriate legal action be taken to enforce the revenue laws of Georgia; (b) require the Attorney General to command the services of solicitors general or to supply legal assistance from the Department of Law; (c) supervise all tax administration throughout the State; (d) make thorough study of taxation in Georgia and elsewhere with a view to improvement of administration and legislation affecting the people of Georgia; (e) make an annual report to the Governor and a biennial report to each regular session of the General Assembly; (f) publish such regulations, statistics, and other reports as he may deem wise within the limitations of his appropriation; (g) assist local tax officials in every feasible manner; and (h), as responsible revenue official of the State, advise the Governor on all matters relating to revenue. By Senators Spivey of the 16th District, Atkinson of the 1st District, and Pope of the 7th District: To amend the above committee amendment to Section 5 by striking from subsection b of Section 5 (lines five and six, printed bill), the words "Solicitors General" and inserting in lieu thereof the words "County Attorneys." By Senator Lindsay of the 34th District: To amend Chapter 2, Section 5 as follows: By striking the word "require" on line 4 and inserting in lieu thereof the word "request." 814 JouRNAL OF THE SENATE, By Senator Lindsay of the 34th District: To amend Chapter 2, Section 5 as follows: By adding after the word "State" on line 7, the following words: "subject, however, to the sovereign rights of the counties to regulate their own affairs." By Senator Lindsay of the 34th District: To amend Section 5 as follows: By adding at the end of line 11, after the word "manner" the words "when so requested by such officials." By the Committee: To amend by striking Section 5a in its entirety. By Senator Lindsay of the 34th District: To amend Chapter 2, Section 6 as follows: By adding on line 4, after the word" and" the following words" subject to the rights of the taxpayer as to rights of privacy guaranteed to him by the Constitution and laws of the State." By Senator Lindsay of the 34th District: To amend Section 6 by adding after the word" taxpayer" on line 6, the following words "provided, however, this power shall be exercised with due regards to the rights of the citizen and subject to the approval of the courts of equity of this State when invoked." By Senator Lindsay of the 34th District: To amend Section 6, Chapter 2 by adding at the end of Section 6 the following sentence: "No official or person shall have authority to employ or commission any person, firm or corporation to collect any of such taxes on a Commission basis." By the Committee: To amend Section 7, line 4 by adding between the words "such" and" Rules" the word" reasonable." By Senator Lindsay of the 34th District: To amend Section 7, Chapter 2 as follows: By inserting after the word" laws" in line 2, of said section, the words" and general laws." WEDNESDAY, jANUARY 19, 1938. 815 By Senators Spivey of the 16th District, Atkinson of the 1st District, and Pope of the 7th District: To amend Section 8 by striking on line twenty of printed bill, the words "Solicitor General" and inserting in lieu thereof the words "County Attorney." By Senator Lindsay of the 34th District: To amend Section 8, Chapter 2 as follows: By inserting after the word "empowered" on line 2 of said section the following words: "subject to the provisions of law in such cases provided." By Senator Lindsay of the 34th District: To amend Section 8 as follows: By inserting before the word "the" at the beginning of line 5, the words "by mandamus." By Senator Lindsay of the 34th District: To amend Section 8 by inserting after the word "taxation" in line 11, the following words "such Assistant Attorney General to be one of the five Assistant Attorney Generals provided by the present law." By Senator Harrell of the 12th District: To amend Senator Lindsay's amendment to Section 8 as follows: By adding the following words at the end of said amendment: "and in no event shall the Commissioner be authorized to employ any other attorneys to enforce any of the provisions of this Act, but at times and in all matters procure the services of the Attorney General and his assistants, except County Attorneys may be employed as provided by this Act." By Senator Lindsay of the 34th District: To amend Section 8 as follows: By striking the following words beginning on line 16 and ending on line 17, with the period: "Only and in all other matters he shall be subject to the direction and control of the Commissioner." 816 JouRNAL oF THE SENATE, By Senator Lindsay of the 34th District: To amend Section 8 as follows: By adding after the word "initiated" the following words "by any Counsel other than a duly appointed Assistant Attorney General or the Attorney General himself." By Senator Lindsay of the 34th District: To amend Section 9 as follows: By inserting after the word "by" in line 3, the following words "agreement, compromise, or." By Senator Lindsay of the 34th District: To amend Section 10, Chapter 2 by striking Section 10 in its entirety and inserting in lieu thereof the following words: "The provisions of this Act shall in no wise affect the collection and administration of those regulatory bodies or boards now under the Secretary of State; or those now under the Commissioner of Agriculture." By Senators Hardman of the 3:3rd District and Lindsay of the 34th District: To amend Senator Lindsay's amendment to Section 10 as follows: By adding after the word "agriculture" in last line, the words "or Department of \Yild Life and other purely regulatory bodies with allocated fees for their support." By the Committee: To amend Section 11, line 8 by adding a comma after the word "assessment." By Senator Lindsay of the 34th District: To amend Section 11, Chapter 2 by adding at the end of said section the following sentence: "provided, however, any salary in excess of $300.00 per month, shall be subject to the approval of the Governor." By the Committee: To amend Section 13, Paragraph C by striking the last word in line 24 and all of line 25. WEDNESDAY, jANUARY 19, 1938. 817 By Senator Shedd of the 3rd District: To amend Section 13, Paragraph C by striking the word "maintenance" in line 23 and substituting in lieu thereof the word "retention." The following resolution of the Senate was read and adopted: By Senators Phillips of the 29th District, Williams of the 5th District, and Spivey of the 16th District- Senate Resolution No. 55. A resolution providing that the Sen by striking the word" month" and inserting in lieu thereof the word" quarter." Bv the Committee: To amend Section 16, Line G by adding after the word" Companies" the words "and their Agents." By the Committee: To amend Section 11), Line 2 by striking the word" effect" and inserting in lieu thereof the word" affect." Bv Senator 1\Iillican of the :>2nd District- To amend Section Hi by adding the words "Petroleum Inspection" after the words" Insurance Commissioner." By Senator Harrell of the 12th District- To amend Section 18 by striking lines 1, 2 and :3 down to the words "Ex-Officio" in line 3 and substituting the following: THURSQAY, JANUARY 20, 1938. 829 "Membership, chairman, term, salary and oath. There is hereby created a State Board of Tax Appeals of five members, consisting of the Comptroller General, Secretary of State, State Auditor, State Treasurer, ex-officio, and one member who is Associate Justice Emeritus of the Supreme Court and if no Associate Justice Emeritus is in office then in that event the Attorney General of the State shall designate and appoint an Assistant :\ttorney General of the State as a member of said Board." By Senators Atkinson of the 1st District, Pope of the 7th District, and Millican of the 52nd District: To amend the Harrell Amendment to Section 18, by striking the words "five mem hers" and inserting in lieu thereof "three members" and by striking wherever they occur the words" Comptroller General, Secretary of State, State Auditor, Ex-officio" and the words following and inserting in lieu thereof the following words: "the State Auditor and two other members to be appointed by the Governor who shall be either Associate Justice Emeritus of the Supreme Court or Constitutional Officers of the State." On the amendment by Senators A.tkinson of the 1st District, Pope of the 7th District, and Millican of the 52nd District to the amendment by Senator Harrell of the 12th District, Senator Harrell 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 Atkinson Aultman Brock Burrell Ennis Forrester Griner Hampton Hardman Harrison Holmes Jackson Jones Lindsay McCutchen Millican Neely Patten Peebles Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Terrell Turner Williams 830 JouRNAL oF THE SENATE, Those voting in the negative were Senators: Almand Atwood Burgin Chason Flynt Harrell Horne Johnson Moye Robinson Walker Whitehead Verification of the roll call was dispensed with. The ayes were 31, the nays 12. The amendment was therefore adopted. Not voting were: Senators Clements of the 9th District, Fowler of the 39th District, Kimbrough of the 25th District, Knabb of the 4th District, McKenzie of the 48th District, Peterson of the 15th District, Sutton of the 47th District, and Thrasher of the 27th District. The Amendment by Senator Harrell of the 12th District, as amended, was adopted. By Senator Whitehead of the 30th District: To amend Section 20 by striking it in its entirety and substituting in lieu thereof the following: "That the Tax Commissioner shall have no authority to reject a county digest nor either raise or have authority to raise the digest either in whole or in part." The amendment was adopted. By the Committee: To amend Section 25, line 4 by adding between the word "such" and the word "Rules" the word "reasonable." By the Committee: To amend Section 28, line 6 by adding after the figure "0.5%" the words "per month." By the Committee: To amend Section 28 by adding at the end of this section the following: "Unless a higher or different rate of interest or penalty is now fixed by law." THURSDAY, jANUARY 20, 1938. 831 By Senator Lindsay of the 34th District: To amend Section 29 of Chapter 2 as follows: By striking the words beginning after the word "taxpayer" in line 7 and ending at the word "commissioner" on line 8 as follows: "under the name and at the location shown upon the records in the office of the commissioner" and inserting in lieu thereof the following words: "at the last known address of such taxpayer." By the Committee: To amend Section 30, lines 9 and 10 by striking the words "if the protest conforms with the requirements of this section." By the Committee: To amend Section 30, line 5 by adding after the word" shall" the word" reasonably." By the Committee: To amend Section 30, line 12 by adding between the words "Such" and" Rules" the word" reasonable." By Senator Lindsay of the 34th District: To amend Section 30 of Chapter 2 as follows: by inserting after the word "of" on line 4 the words "notice of" and striking the word "notice" which precedes the period on line 4. By Senator Lindsay of the 34th District: To amend Section 30 by adding the following words at the end of Section 30: "the discretion herein given to the Commissioner shall be reasonably exercised on all occasions." By the Committee: To amend Section 31 by adding at the end of said section the following: "subject to the right of appeal as provided in this act." By the Committee: To amend Section 32, line 12 after the words "per month" by adding the following: "Unless otherwise provided by law." 832 JouRNAL oF THE SENATE, By Senator Lindsay of the 34th District: To amend Section 33 of Chapter 2 by adding at the end of line 8, after changing the period to a comma, the following words "within seven years of said return." By Senator Lindsay of the 34th District: To amend Section 34 of Chapter 2 by adding at the end of said section the following words" provided further, that any taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act shall have the right to sue for refund in the Superior Court of his county." By Senator Lindsay of the 34th District: To amend Section 36 of Chapter 2 by striking in line 1 the following words "or to pay any tax." By the Committee: To amend Section 37 by striking the balance of line :1, beginning with the word "except," all of line 5 and line 6 through the word "State." By the Committee: To amend Section 38, line 2 by adding between the words "shall" and" fail" the word "wilfully." By the Committee: To amend Section 38 by striking the word "for" after the word "annum" and inserting in lieu thereof the word "from." By Senator Allen of the 31st District: To amend Section 42 by adding at the end of said section the following words: "Provided, however, that the lien for taxes shall not be changed by any provisions of this Act and shall be the same as existing prior to the passage of this Act." By Senators Pope of the 7th District and Millican of the 52nd District: THtJRSDAY, }A:NUARY 20, 1938. 833 To amend Section 42 by adding after the words "Cover the" the word "specific" and after the words "liable to" the word "such." By Senator Lindsay of the 34th District: To amend Section 42 of Chapter 2 as follows: by adding in line 20, after the word" and," the word" or." By the Committee: To amend Section 43 in its entirety and renumbering the following sections accordingly. By Senator Lindsay of the 34th District: To amend Section 44 as follows: by adding on line 3 after the letter" (B)," "knowingly and intentionally." By the Committee: To amend Section 45, line 10 by striking all of said line after the words" to be made" and by also striking all of lines 11, 12, 13 and the first two words in line 14 ending with the word "office." By Senator Lindsay of the 34th District: To amend Section 45 as follows: by adding after the word "assessment" at the end of line 3, the words "except as in this Act provided." By Senator Pope of the 7th District: To amend Section 45, line 6 by adding after the word "given" the words" to the taxpayer." By the Committee: To amend Section 46 by striking it in its entirety and inserting in lieu thereof a section to be known as Section 46, as follows: Section 46. Review of Board's decisions. Jurisdiction of the Superior Courts. The findings of fact by the Board of Tax Appeals shall not be final; but either party may appeal from any order, ruling, or finding of said Board to the Superior Court of the county of the residence of the taxpayer unless the taxpayer be a railroad or other public service corporation or non-resident, 834 JouRNAL OF THE SENATE, except utilities operating solely within one county in which case appeal shall lie to the Superior Court of the county in which such utility operates, in which event the appeal of either party shall be to the Superior Court of Fulton County, Georgia. The appeal and necessary records shall be certified and transmitted by the Chairman of the Board and shall be filed with the Clerk of the Superior Court within thirty (30) days from the date of judgment by the Board. The procedure provided by law for applying for and granting appeal from the Court of Ordinary to the Superior Court shall apply as far as suitable to the appeal authorized herein, except that the appeal authorized herein may be filed within fifteen (15) days from the date of judgment by the Board. Before the Superior Court shall have jurisdiction to entertain such appeal filed by any aggrieved taxpayer, such taxpayer shall file with the Clerk of the Superior Court a writing whereby such taxpayer shall agree to pay on the date or dates the same shall become due all taxes for which such taxpayer has admitted liability and shall within thirty (30) days from the date of judgment by the Board file with the Clerk of the Superior Court a bond in amount satisfactory to such Clerk or other security in amount satisfactory to such Clerk conditioned to pay any tax over and above that which the taxpayer has admitted liability for which shall be found to be due by a final judgment of court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as now or hereafter provided by law. If the final judgment of court places upon the taxpayer any tax liability which he has not already paid, he shall pay the same on the due date or dates now or hereafter fixed bv law if the tax or any of same has not become due on the date of said final judgment of court. And if the tax or any of same has already become due at the time of final judgment of court, the taxpayer shall immediately pay the tax or so much thereof as has already become due, with interest, and shall pay the court costs, in the event the final judgment of court is adverse to the taxpayer, no matter whether the tax or any part of same has or has not become due at the time of said final judgment of court. THURSDAY, jANUARY 20, 1938. 835 By Senators Atkinson of the 1st District, Pope of the 7th District, Purdom of the 46th District, and Millican of the 52nd District: To amend the Committee Amendment by striking from the sixth to tenth lines of Section 46 (Printed Copy) the following words: "except utilities operating solely within one county in which case appeal shall lie to the Superior Court of the County in which such utility operates, in which event the appeal of either party shall be to the Superior Court of Fulton County, Georgia." and inserting in lieu thereof the following: "In which event the appeal of either party shall be to _the Superior Court of the county in which is located its principal place of doing business, or in which the chief or highest corporate officer, resident in the State, maintains his office." so that when amended the first paragraph of Section 46 shall read as follows: "Section 46. Review of Board's decisions. Jurisdiction of the Superior Courts. The findings of fact by the Board of Tax Appeals shall not be final; but either party may appeal from any order, ruling, or finding of the said Board to the Superior Court of the county of the residence of the taxpayer unless the taxpayer be a railroad or other public service corporation or non-resident, in which event the appeal of either party shall be to the Superior Court of the county in which is located its principal place of doing business, or in which the chief or highest corporate officer, resident in the State, maintains his office. The appeal and necessary records shall be certified and transmitted by the Chairman of the Board and shall be filed with the Clerk of the Superior Court within thirty (30) days from the date of judgment by the Board. The procedure provided by law for applying for and granting appeal from the Court of Ordinary to the Superior Court shall apply as far as suitable to the appeal authorized herein, except that the appeal authorized herein may be filed within fifteen (15) days from the date of judgment by the Board." By Senators Almand of the 50th District and Allen of the 31st District: 836 JouRNAL oF THE SENATE, To amend the Committee Amendment to Section 46 by striking in line number 2 of said section the following words "of fact." By Senator Sammon of the 51st District: To amend the Committee Amendment to Section 46 by adding after the word "Clerk" in line 5 the following: "Except where appellant owns real property in Georgia, the value of which is in excess of the amount of the tax in dispute." By the Committee: To amend Section 47 by striking it in its entirety and inserting in lieu thereof a section to be known as Section 47, as follows: Section 47. It is expressly provided, other provisions of this Act to the contrary notwithstanding, that no provision of this Act shall be construed so as to give to the Commissioner any power to make assessments for ad valorem taxation or to collect the same from any taxpayer, except in the case of railroads and other public service corporations, as now provided by law, nor to examine the books, records, inventories, or business of any taxpayer for any purpose except for the purpose of determining liability for taxes collected directly by the Commissioner or assessed by the Comptroller-General or the Revenue Commission under existing law, unless otherwise now provided by law. By the Committee: To amend by adding a new section immediately preceding the repealing clause, to be appropriately numbered, reading as follows: The Ways and Means Committee of the House of Representatives and the Finance Committee of the Senate shall hold joint meetings for the consideration of all revenue taxing measures when in regular or special session and the State Tax Commissioner shall be an ex-officio mem her of each committee. By the Committee: To amend by adding a new section immediately preceding the repealing clause, to be appropriately numbered, reading as follows: THURSDAY, JANUARY 20, 1938. 837 Each and every provision and section of this Act is separately enacted and should any provision or section of this Act be held invalid for any reason it is hereby declared the intent and purpose that the remaining valid provisions of this Act shall be of full force and effect. By Senators Atkinson of the 1st District and Pope of the 7th District: To amend by adding one section to be known as Section 49 as follows: Section 49. This bill shall become effective on March 1, 1938. By the Committee: To amend by adding a new section which is to be the last Section of the bill and to be numbered accordingly: "Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed." By Senator Lindsay of the 34th District: To amend by striking the words in the next to last line of the caption, the words "to make taxes a personal debt." By Senator Pope of the 7th District: To amend the caption by striking the words "to forbid review of assessments by trial of courts" from the caption thereof. The foregoing amendments were adopted. By Senator Ennis of the 20th District: To amend by striking the words "Tax Commissioner" wherever th.e s.ame ,a, ppear and inserting in lieu thereof "Revenue Com- m1ss1oner. By Senator Ennis of the 20th District: To amend by striking the words "Department of Taxation" wherever same appear and insert in lieu thereof the words "Department of Revenue." The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. 838 JouRNAL OF THE SENATE, On 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 and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Brock Burgin Burrell Ohason Olements Ennis Forrester Fowler Griner Hampton Hardman Holmes Jackson Johnson Knabb Lindsay McCutchen Millican Neely Patten Peebles Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Terrell Turner Williams Those voting in the negative were Senators: Aultman Flynt Harrell Harrison Horne Jones Moye Walker Whitehead Verification of the roll call was dispensed with. The ayes were 37, the nays 9. The bill having received the requisite constitutional majority was passed, as amended. Not voting were: Senators Kimbrough of the 25th District, McKenzie of the 48th District, Peterson of the 15th District, Sutton of the 47th District, and Thrasher of the 27th District. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House insists on its amendments and requests a Committee of Conference on the following bill of the Senate, to-wit: By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District- THURSDAY, jANUARY 20, 1938. 839 Senate Bill No. 28. A bill to be entitled an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State of Georgia, and for other purposes. The House has agreed to the report of the Committee of Conference on Senate Bill No. 52. His Excellency, the Governor, accompanied by Miss Evelyn Keyes and other distinguished guests were admitted to the Senate Chamber and escorted to the President's stand by the distinguished committee of Senators. The President presented His Excellency, Governor Rivers, who introduced to the Senate Miss Evelyn Keyes of Hollywood, California, formerly of Atlanta, Georgia. Senator Pope of the 7th District moved that the Senate insist upon its position of disagreement to the House amendments to Senate Bill No. 28 and that a Conference Committee be appointed by the President to confer with a like Committee from the House. The motion prevailed and the President named as a Committee of Conference on the part of the Senate the following members, to-wit: Senators Williams of the 5th District, Atkinson of the 1st District, and Pope of the 7th District. Senator Millican of the 52nd District gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 385, a local bill affecting Fulton County. Senator Lindsay of the 34th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Western and Atlantic Railroad, read the second time, and recommitted to the Committee on Western and Atlantic Railroad: By Senator Lindsay of the 34th District- Senate Bill No. 122. A bill authorizing the Governor to ap- 840 JouRNAL OF THE SENATE, prove sublease by the present lessee of the W. & A. Railroad, and to continue sublease in force under certain conditions, and for other purposes. The consent was granted, the bill read a second time and recommitted. Senator Griner of the 45th District moved that the Senate insist upon its position on House Bill No. 374, a local bill affecting Ben Hill County, and that a Conference Committee be appointed by the President to confer with a like committee from the House. The motion prevailed and the President appointed as a Committee of Conference on the part of the Senate the following members, to-wit: Senators Griner of the 45th District, Hampton of the 41st District, and Peebles of the 18th District. Senate Bill No. 52, a bill creating a State Board of Penal Administration, was taken up for the purpose of considering the following Conference Committee report thereon: The committee in conference on Senate Bill Number 52 begs leave to report a unanimous agreement as follows: (1) That the Senate recede from its action in disagreeing to House Amendments Numbers 1, 2, 3, 4, and 7. (2) That the House recede from Amendment Number 5 and in lieu of said amendment, known as "The Swindle Amendment," the following be substituted, to-wit: "Except that the State Board of Penal Administration shall in no event have or exercise any jurisdiction over the appointment of countv wardens other than that heretofore had and exercised by the State Prison Commission." (3) That the House recede from Amendment Number 6, known as "The Amendment by Jones of Bartow and others," and in lieu thereof the following be substituted, to-wit: "Nothing herein contained shall be construed so as to authorize or permit the said Board to set up or operate any busi- THURSDAY, jANUARY 20, 1938. 841 ness, whether industrial or agricultural, for sale of such products to the public in competition to private industry or agricultural activities, except for the needs of the State, its subdivisions, institutions, agencies and departments, and the labor used therein shall be primarily prison labor. In the manufacturing of products for the aforesaid limited purposes no free labor shall be employed except foremen, electricians and necessary professional employees." Respectfully submitted, LINDSAY of the 34th District, FoRRESTER of the 44th District, PuRDOM of the 46th District, Conferees on the part of the Senate. BENNETT of Ware, GRoss of Stephens, TRAPNELL of Candler, Conferees on the part of the House. Supplementary Report Your Conference Committee on Senate Bill Nurnher 52 realizes that considerable practical hardship would result by leaving the effective date of said bill January 1, 1938, as provided in Section 11 thereof, for the reason that the convicts must be fed and the bills of the Prison Commission incurred must be paid until the new Board set up in said bill has been created and organized. Therefore, as a practical matter of necessity the undersigned Conference Committee recommends that Section 11 of said bill be amended to make the effective date February 15, 1938, rather than January 1, 1938; and recommends that upon the adoption of this report Section 11 read as follows: "This act shall become effective February 15, 1938." Respectfully submitted, LINDSAY of the 34th District, FoRRESTER of the 44th District, PuRDOM of the 46th District, Conferees on the part of the Senate. 842 JouRNAL oF THE SENATE, BENNETT of Ware, GRoss of Stephens, TRAPNELL of Candler, Conferees on the part of the House. The Conference Committee report on Senate Bill No. 52 was adopted. Senator Atkinson of the 1st District asked unanimous consent that the following bill of the Senate be withdrawn from the further consideration of the Senate: By Senators Atkinson of the 1st District and Pope of the 7th District- Senate Bill No. 117. A bill to provide for filling vacancies in office of Clerk, Tax Collector, and Ordinary, and for other purposes. The consent was granted and the bill withdrawn from further consideration of the Senate. The following privilege resolutions were read and adopted: By Senator Chason of the 8th District- A resolution extending the privileges of the floor to Han. Marvin Griffin, Han. W. J. Catledge, Han. H. G. Bell, and Han. Ramon Powell, all prominent citizens of Decatur County,. Georgia. By Senator Shedd of the 3rd DistrictA resolution extending the privileges of the floor to Han. D. W. Tyre, prominent citizen of Wayne County, Georgia. By Senator Atkinson of the 1st DistrictA resolution extending the privileges of the floor to Han. John W. Carrington, former member of the Senate from the 27th District. 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 morning at 10:00 o'clock. FRIDAY, JANUARY 21, 1938. 843 SENATE CHAMBER, ATLANTA, GA., FRIDAY, JANUARY 21, 1938. The Senate met, pursuant to adjournment, at 10 o'clock A.M., this day and was called to order by the President. Prayer was offered by the Chaplain. Senator 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. The President introduced to the Senate Mrs. Claude Smith, President of The Steiner Clinic, and Mrs. Robert Wood, head of the woman's division of the Department of Agriculture. Senator Harrell of the 12th District gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 27, known as the Tax Reorganization Bill. Senator Peebles of the 18th District gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 404, a local bill affecting Bibb County. Senator Millican of the 52nd District gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 385, a local bill affecting Fulton County. Senator Almand of the 50th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. Senator Peebles of the 18th District moved that the Senate reconsider its action in passing House Bill No. 404, a local bill affecting Bibb County, and the motion prevailed. 844 JouRNAL bF 'rHE S'ENA'rE., Senator Millican of the 52nd District moved that the Senate reconsider its action in passing House Bill No. 385, a local bill affecting Fulton County, and the motion prevailed. The Journal was confirmed. Senator Fowler of the 39th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on 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 Joe Boone, 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 the following bill of the House, to-wit: By Mr. Rawlins of Ben Hill- House Bill No. 374. A bill to be entitled an Act to amend the Act creating the office of Commissioner of Roads and Revenues in and for Ben Hill County, and for other purposes. The following members of the House, to-wit: Messrs. Rawlins of Ben Hill, Dugas of White, and Welsch of Cobb. FRIDAY, jANUARY 21, 1938. 845 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 bill of the Senate, to-wit: By Senators Pope of the 7th District, Atkinson of the 1st District, and others- Senate Bill No. 28. A bill to be entitled an Act authorizing and empowering the chartering of corporations and amending, revising, and perfecting the present corporation laws of Georgia, and for other purposes. The following members of the House, to-wit: Messrs. Sutton of Wilkes, Gross of Stephens, and Parker of Colquitt. The House has agreed to the Senate amendments to the following bill of the House, to-wit: By Mr. Claxton of Camden- House Bill No. 72. A bill to be entitled an Act to empower the governing authorities of all counties of a certain population to increase the compensation of sheriffs, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: 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. Morris of Douglas- House Resolution No. 26-103b. A resolution authorizing the State Librarian to furnish certain law books to the Clerk of Douglas County, and for other purposes. By Mr. McCracken of Jefferson- House Resolution No. 12G-455a. A resolution to furnish certain law books to the Ordinary of Jefferson County, and for other purposes. 846 JouRNAL OF THE SENATE, By Mr. Deal of Bullc:>ch- House Bill No. 453. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads in Bulloch and Bryan Counties, and for other purposes. By Mr. Booth of Barrow- House Bill No. 455. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads in Barrow and Jackson Counties, and for other purposes. By Messrs. Dampier and Larsen of Laurens, and Jones and Smith of Dodge- House Bill No. 456. 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 Mr. Field of Whitfield- House Bill No. 460. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of Roads, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 465. 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 Mr. Adams of Franklin- House Bill No. 469. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding certain mileage to the System of State Aid Roads in Franklin County, and for other purposes. By Messrs. Drake of Seminole, Simmons and Kirbo of Decatur- House Bill No. 471. 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. FRIDAY, JANUARY 21, 1938. 847 By Mr. Adams of Franklin- House Bill No. 473. A bill to be entitled an Act to amend an Act increasing the mileage of the State Aid System of Roads by adding additional mileage in Franklin County, Georgia, and for other purposes. By Mr. Pound of Hancock- House Bill No. 476. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" so as to add a certain road in Hancock County, Georgia, and for other purposes. By Senators Shannon of the 21st District, Jackson of the 14th District, and Hardman of the 33rd District- Senate Bill No. 38. A bill to be entitled an Act to amend an Act approved March 29, known as the "Unemployment Compensation Law," and for other purposes. By Senators Whitehead of the 30th District and Almand of the 50th District- Senate Bill No. 93. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Lindsay of the 34th District- Senate Bill No. 98. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Allen of the 31st District- Senate Bill No. 99. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Peebles of the 18th District- Senate Bill No. 103. A bill to be entitled an Act to amend the Highway Mileage Act of 1929 by adding a road in Richmond County, and for other purposes. By Senators Burgin of the 24th District and Moye of the 11th District- 848 JouRNAL or THE SENATE, Senate Bill No. 104. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding additional mileage to the State Aid System of Roads, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Williams of the 5th District- Senate Bill No. 126. A bill amending the Constitution so as to authorize the City of Homerville to incur an additional bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Griner of the 45th District- Senate Bill No. 127. A bill to prohibit goats from running at large in Telfair County; to provide penalties for the violation of this Act; and for other purposes. Referred to Committee on Agriculture. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 459. Do pass. Respectfully submitted, PATTEN, 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 have had under consideration the following bills of the Senate and House FRIDAY, JANUARY 21, 1938. 849 and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 118. Do pass. House Bill No. 418. Do pass. House Bill No. 427. Do pass. House Bill No. 424. Do pass. House Bill No. 442. Do pass. House Bill No. 440. Do pass. House Bill No. 434. House Bill No. 419. House Bill No. 380. House Bill No. 386. House Bill No. 416. House Bill No. 433. House Bill No. 429. House Bill No. 414. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. House Bill No. 362. Do pass. House Bill No. 395. Do pass. House Bill No. 384. Do pass. House Bill No. 379. Do pass, as amended. House Bill No. 415. Do pass. House Bill No. 412. Do pass. House Bill No. 411. Do pass. House Bill No. 409. Do pass. House Bill No. 394. Do pass. House Bill No. 393. Do pass. 850 JouRNAL OF THE SENATE, House Bill No. 446. Do pass. House Bill No. 449. Do pass. House Bill No. 443. Do pass. Respectfully submitted, PHILLIPS, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 462. Do pass. House Bill No. 468. Do pass. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 477. Do pass. Respectfully submitted, JAcKSON, Chairman. The following bill of the Senate, favorably reported by the committee, was read the ~second time: FRIDAY, JANUARY 21, 1938. 851 By Senator Shannon of the 21st District- Senate Bill No. 118. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Adams of Franklin- House Bill No. 362. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Key of Jasper and Campbell of Newton- House Bill No. 379. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Adams of Franklin- House Bill No. 380. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Lewallen of Banks- House Bill No. 384. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Sapp of Coffee- House Bill No. 386. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Drinkard of Lincoln- House Bill No. 393. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Drinkard of Lincoln and Clary of ColumbiaHouse Bill No. 394. A bill to amend the Highway Mileage 852 JoURN"AL oF THE SENATE, Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Adams of Franklin- House Bill-No. 395. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Douglas of Talbot and Johnson of Chattahoochee- House Bill No. 409. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 411. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Newby of Twiggs, Daughtry of Wilkinson, and Ennis of Baldwin- House Bill No. 414. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Daughtry of Wilkinson, Ennis of Baldwin, and Whipple of Bleckley- House Bill No. 415. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 416. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Harrell and Blease of Brooks and Cochran and Edwards of Thomas- House Bill No. 418. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. FRIDAY, jANUARY 21, 1938. 853 By Mr. Adams of Franklin- House Bill No. 419. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Hollis of Morgan and Key of Jasper- House Bill No. 424. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Evans of McDuffie- Hause Bill No. 427. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Hollis of Morgan and Bond of Oconee- House Bill No. 429. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Clements of Wheeler- House Bill No. 433. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Adams of Franklin- House Bill No. 434. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Marshall of Macon and Taunton of Taylor- House Bill No. 443. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Evans of McDuffie- Hause Bill No. 440. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. 854 JouRNAL oF THE SENATE, By Mr. Hollis of Morgan- House Bill No. 442. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Adams of Franklin- House Bill No. 446: A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Batchelor of Putnam- House Bill No. 449. A bill amending the Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, and for other purposes. By Mr. Palmour of Hall- House Bill No. 459. A bill to amend an Act so as to clarify the name of a certain school district in Hall County, and for other purposes. By Mr. Campbell of Newton- House Bill No. 462. A bill to amend the charter of the Town of Mansfield, and for other purposes. By Messrs. Lanier, Harris, and Barrett of Richmond- House Bill No. 468. A bill to amend the Act repealing the Act authorizing the City Council of Augusta to create a Board of Health for said city, and for other purposes. By Mr. Field of Whitfield- House Bill No. 477. A bill amending the Act requmng a referendum to repeal municipal charters of cities of a certain population, and for other purposes. By Mr. Batchelor of Putnam- House Bill No. 412. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. FRIDAY, JANUARY 21, 1938. 855 Senator Shannon of the 21st District asked unanimous consent that the following bill of the Senate be recommitted to the Committee on Conservation: By Senators Shannon of the 21st District, Atwood of the 2nd District, and Williams of the 5th District- Senate Bill No. 115. A bill to create an authority to promote the paper pulp industry of the State of Georgia, and for other purposes. The consent was granted and the bill recommitted to the Committee on Conservation. The Senate adopted the following Conference Committee report: Conference Committee Report on House Bill No. 374. Mr. President, Mr. Speaker: Your Conference Committee on House Bill No. 374 recommends that the House recede from its disagreement to the Senate amendment with the proviso that the following language be added to the said Senate amendment: "The Chairman of Commissioners of Ben Hill County shall have authority to make contract with the Highway Department for grading and paving of the road and to make purchases for the county to the amount of Three Hundred ($300.00) Dollars without approval of other members of the Board. The Chairman shall make a report to the other mem hers of the Board at each meeting monthly of said purchases, and the Chairman is further authorized to make financial arrangements to finance the county for the balance of the year 1938." GRINER of the 45th District, PEEBLES of the 18th District, HAMPTON of the 41st District. On the part of the Senate. 856 JouRNAL OF THE SENATE, RAWLINS of Ben Hill, DuGAS of White, WELSCH of Cobb. On the part of the House. Senator Millican of the 52nd District asked unanimous consent that the following bill of the Senate be withdrawn from the further consideration of the Senate: By Senator Millican of the 52nd District- Senate Bill No. 116. A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of the County of Fulton, and for other purposes. The consent was granted and the bill withdrawn from further consideration of the Senate. Senator Harrell of the 12th District moved that, when the Senate adjourn today, it stand adjourned until Monday, January 24th, at 10 o'clock A. M., and the motion prevailed. The following local uncontested bills and resolutions of the Senate and House were read third time and put upon their passage: By Senator Peebles of the 18th District- Senate Bill No. 111. A bill amending the Highway Mileage Act so as to add additional mileage 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 Senator Burrell of the 40th District- Senate Bill No. 112. A bill amending the Highway Mileage FRIDAY, JANUARY 21, 1938. 857 Act so as to add additional mileage 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 Senator Burrell of the 40th District- Senate Bill No. 113. A bill amending the Highway Mileage Act so as to add additional mileage 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 Senator Neely of the 36th District- Senate Bill No. 120. A bill amending the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. The Committee on Highways and Public Roads offered the following amendment to Senate Bill No. 120: To amend by adding a new section to be known as Section 2a and reading as follows: "Section 2a. Be it further enacted that this bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929." The committee amendment was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. 858 JouRNAL OF THE SENATE, 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 Purdom of the 46th District- Senate Bill No. 123. A bill to amend the charter of the City of Blackshear, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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. Preston and Almand of Walton- House Bill No. 371. A bill to allow tax commiSSioners m certain counties to collect commissions on property returned for 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. By Mr. Jones of Elbert- House Bill No. 430. A bill to amend the Highway Mileage Act so as to add additional mileage 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. FRIDAY, JANUARY 21, 1938. 859 By Mr. Allison of Gwinnett- House Bill No. 432. A bill to amend the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. The repprt 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. Wall of Schley- House Bill No. 435. A bill to be entitled an Act fixing the fees of the Coroner of Schley County, Georgia, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Taunton of Taylor- House Bill No. 452. A bill to increase the salary of the Tax Commissioner of Taylor County, Georgia, from $1,200 per annum to $1,800 per annum, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Hampton of Fannin- House Resolution No. 12. A resolution authorizing the State Librarian to furnish to the Ordinary and Clerk of Superior Court of Fannin County certain Supreme Court and Court of Appeals reports, and for other purposes. 860 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 28, the nays 0. The resolution having received the requisite constitutional majority was adopted. By Mr. Harrison of Crawford- House Resolution No. 17. A resolution to provide for the furnishing of certain volumes of the Reports of the Supreme Court and Court of Appeals to the Clerk of the Superior Court of Crawford 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 resolution, the ayes were 28, the nays 0. The resolution having received the requisite constitutional majority was adopted. By Mr. Harris of Richmond- House Resolution No. 112. A resolution relieving Charles R. Wrenn of surety for Harry Flynn on the 13th day of November, 1934 of 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 30, the nays 0. The resolution having received the requisite constitutional majority was adopted. The following resolutions of the House were read the first time and referred to the committees: By Mr. Morris of Douglas- House Resolution No..26. A resolution authorizing the State Librarian to furnish law books to the Clerk of Court of Douglas County, and for other purposes. Referred to Committee on Public Library. FRIDAY, jANUARY 21, 1938. 861 By Mr. McCracken of Jefferson- House Resolution No. 120. A resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Jefferson County, and for other purposes. Referred to Committee on Public Library. The following bills of the House were read the first time and referred to the 'committees: By Mr. Adams of Franklin- House Bill No. 473. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Reid of Wilcox- House Bill No. 465. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Deal of Bulloch- Hause Bill No. 453. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Booth of Barrow- House Bill No. 455. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Dampier and Larson of Laurens, and Jones and Smith of Dodge- House Bill No. 456. A bill to amend the Highway Mileage 862 JouRNAL OF THE SENATE, Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Drake of Seminole, Simmons and Kirbo of Decatur- House Bill No. 471. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Field of Whitfield- House Bill No. 460. A bill to amend the Highway Mileage Act by adding additional mileage 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. 469. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Pound of Hancock- House Bill No. 476. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. The following bill of the Senate was read the third time and put upon its passage: By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 66. A bill to promote discipline, sobriety, and behavior of inmates of State penal institutions, farms and camps by prohibiting the sale or distribution of beer, wine, or intoxicating beverage or the maintenance or operation of a dance FRIDAY, jANUARY 21, 1938. 863 hall within certain fixed limits of penal institutions, and for other purposes. Senator Atwood of the 2nd District offered the following amendment to Senate Bill No. 66: To amend Section 1 thereof by adding at the end of said section the following: "Provided, however, nothing in this section shall apply to a business carried on in a lawful manner, and a permit is first had and obtained from the Board of Penal Administration to conduct said business within a mile of the State Board of Penal Administration." The amendment by Senator Atwood of the 2nd District was adopted. Senators Lindsay of the 34th District and Purdom of the 46th District offered the following amendment to Senate Bill No. 66: To amend Section 3 thereof by striking the words and figures: "January 1, 1938," and substituting in lieu thereof the words and figures: "February 15, 1938," so that said section will read when so amended as follows: "Section 3. This Act is to become effective February 15, 1938." The amendment by Senators Lindsay and Purdom 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 tlie bill, as amended, the ayes were 30, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. The following bill of the Senate was read the third time: By Senators Patten of the 6th District and Williams of the 5th District- 864 JouRNAL oF 'tHE SENA'tt, Senate Bill No. 119. A bill establishing the Herty Pulp and Paper Foundation, and for other purposes. An amendment by Senator Allen of the 31st District was adopted. Senator Patten of the 6th District moved that further consideration of Senate Bill No. 119 be postponed until Monday, January 24, 1938, and be made a special order of business on that day. Senator Harrell of the 12th District moved that further consideration of Senate Bill No. 119 be indefinitely postponed. The following privilege resolution was read and adopted: By Senator Spivey of the 16th DistrictA res~lution extending the privileges of the floor to Dr. D. D. Smith, distinguished citizen of Swainsboro, Georgia. Senator Robinson of the 13th District moved that the Senate do now adjourn, and the motion prevailed. The President announced that the Senate stood adjourned until Monday, January 24, 1938, at 10:00 o'clock A.M., and the motion by Senator Harrell was carried over as unfinished business. MoNDAY, jANUARY 24, 1938. 865 SENATE CHAMBER, ATLANTA, GA., MoNDAY, jANUARY 24, 1938. 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 Terrell of the 19th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Jones of the 38th District, Vice-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 he dispensed with and the consent was granted. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following he established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. . 3. Second reading of hills and resolutions favorably reported. 4. Third reading and passage of local uncontested hills and resolutions. 5. First reading of House hills and resolutions. 6. Unfinished business. 7. Putting on passage general hills and resolutions ready for third reading. The consent was granted. 866 JouRNAL OF THE SENATE, The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: By ::\fessrs. Elliott, Leonard, and Smith of Muscogee- House Bill No. 478. A bill to be entitled an Act to amend an Act relating to city taxes of Columbus, Georgia, and for other purposes. By Mr. Jones of Elbert- House Bill No. 479. A bill to be entitled an Act increasing the salary of the Treasurer of Elbert County, Georgia, and for other purposes. ' By Mr. Whitaker of Clayton- House Bill No. 486. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, and for other purposes. By Senator Shannon of the 21st District- Senate Bill No. 107. A bill to be entitled an Act to provide that the Bond of the Tax Commissioner of Twiggs County, Georgia, shall be paid by the County Commissioners of said County of Twiggs or other officials handling fiscal affairs of said County of Twiggs, and for other purposes. By Senator Shannon of the 21st District Senate Bill No. 109. A bill to be entitled an Act reducing the bond of the Sheriff of Twiggs County, and providing that the County Commissioners shall pay the premium on same, and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit: By Senator Shannon of the 21st District- Senate Bill No. 108. A bill to be entitled an Act amending MoNDAY, jANUARY 24, 1938. 867 the charter of the City of Jeffersonville, and for other purposes. The House has adopted the Conference Committee report on the following bill of the House, to-wit: By Mr. Rawlins of Ben Hill- House Bill No. 374. A bill to be entitled an Act to amend the Act creating the office of Commissioners of Roads and Revenues in and for Ben Hill County, and for other purposes. Senate Bill No. 108, a local bill amending the charter of the City of Jeffersonville, was taken up for the purpose of considering the following House amendment thereto: The committee moves to amend Senate Bill No. 108 as follows: By striking from the caption the words "and for the purpose of taxation therein." Amends further: By striking in its entirety Section 4 of said bill, and substituting in lieu thereof an entirely new Section to be numbered 4 as follows: Section 4. Section 9 of the original Act is amended as follows: After the words "Section 3" as appears on line 12, page 984, Acts 1909, Section 9, the words "as amended" are hereby added. Amends further: wherever the figures "fifty dollars per annum" appear in Section 6 of said bill, the figures" twenty-five dollars per annum" be substituted in lieu thereof. Amends further: By striking entirely Section 7 of said Act. Amends further: By striking the last letter "1" in the word Marshall, or Marshalls wherever the same appears in said Act, so that the same may be properly spelled. Amend further: By striking the numeral "8" indicated as Section 8, and substituting in lieu of said" 8" the numeral "7," so that said repealing clause shall be numbered Section 7. The House amendments to Senate Bill No. 108 were agreed to. The President announced to the Senate that the funeral of Hon. Logan Bleckley would be held this afternoon at 2:00 o'clock 868 JouRNAL oF THE SENATE, and named as a committee from the Senate to attend the funeral the following: Senators Terrell of the 19th District, Allen of the 31st District, and Shannon of the 21st District. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senators Whitehead of the 30th District and Jackson of the 14th District- Senate Bill No. 128. A bill providing for the use of Old Soldiers Home for Veterans of all wars who are disabled, and for other purposes. Referred to Committee on Public Property. By Senators Jackson of the 14th District, Millican of the 52nd District, and Whitehead of the 30th District- Senate Bill No. 129. A bill to permit exemptions and to regulate Veterans business license, and for other purposes. Referred to Committee on Finance. The following resolution of the Senate was introduced, read the first time, and referred to the committee: By Senator Millican of the 52nd DistrictSenate Resolution No. 56. A resolution designating an~ naming Highway No. 3 as the John B. Gordon Highway, and for other purposes. Referred to Committee on Highways and Public Roads. 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 have had under MoNDAY, jANUARY 24, 1938. 869 consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 125. Do pass. Respectfully submitted, LINDSAY, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 387. Do pass, as amended. Respectfully submitted, jACKSON, Chairman. Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 127. Do pass. Respectfully submitted, PuRDOM, Chairman. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Lindsay of the 34th DistrictSenate Bill No. 125. A bill fixing the priorities of tax liens other than taxes on real estate, and for other purposes. 870 JouRNAL OF THE SENATE, By Senator Griner of the 45th District- Senate Bill No. 127. A bill prohibiting goats from running at large in the County of Telfair, and for other purposes. The following bill of the House, favorably reported by the committee, was read the second time: By Mr. Hodges of Liberty- House Bill No. 387. A bill abolishing the office of Tax Collector of Liberty County, and creating a Tax Commissioner in said county, and for other purposes. The following bill of the Senate was read the third time and put upon its passage: By Senator Shannon of the 21st District- Senate Bill No. 118. A bill to amend an Act entitled "Highway Mileage" by adding mileage in Twiggs and Wilkinson 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. The following bills of the House were read the third time and put upon their passage: By Mr. Adams of Franklin- House Bill No. 362. A bill amending the Highway :\lileage Act by adding additional mileage to the State :\.id 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. MoNDAY, JANUARY 24, 1938. 871 By Mr. Adams of Franklin- House Bill No. 380. A bill amending the Highway Mileage Act by adding additional mileage 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. Lewallen of Banks- House Bill No. 384. A bill amending the Highway Mileage Act by adding additional mileage 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. Sapp of Coffee- House Bill No. 386. A bill amending the Highway Mileage Act by adding additional mileage 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. Drinkard of Lincoln- House Bill No. 393. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. 872 JouRNAL oF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was. passed. By Messrs. Drinkard of Lincoln and Clary of Columbia- House Bill No. 394. A bill amending the Highway Mileage Act by adding addi tiona! mileage 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 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Adams of Franklin- House Bill No. 395. A bill amending the Highway Mileage Act by adding additional mileage 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. Douglas of Talbot and Johnson of ChattahoocheeHouse Bill No. 409. A bill amending the Highway Mileage Act by adding additional mileage 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. MoNDAY, jANUARY 24, 1938. 873 By Mr. Brooks of Oglethorpe- House Bill No. 411. A bill amending the Highway Mileage Act by adding additional mileage 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 wer:e 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Batchelor of Putnam- House Bill No. 412. A bill amending the Highway Mileage Act by adding additional mileage 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. Newby of Twiggs, Daughtry of Wilkinson, and Ennis of Baldwin- House Bill No. 414. A bill amending the Highway Mileage Act by adding additional mileage 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. Daughtry of Wilkinson, Ennis of Baldwin, and Whipple of Bleckley- House Bill No. 415. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. 874 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 Mr. Warnock of Montgomery- House Bill No. 416. A bill amending the Highway Mileage Act by adding additional mileage 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. Harrell and Blease of Brooks and Cochran and Edwards of Thomas- House Bill No. 418. A bill amending the Highway Mileage Act by adding additional mileage 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. Adams of Franklin- House Bill No. 419. A bill amending the Highway Mileage Act by adding additional mileage 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. MoNDAY, JANUARY 24, 1938. 875 The bill having received the requisite constitutional majority was passed. By Messrs. Hollis of Morgan and Key of Jasper- House Bill No. 424. A bill amending the Highway Mileage Act by adding additional mileage 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. Evans of McDuffie- Hause Bill No. 427. A bill amending the Highway Mileage Act by adding additional mileage 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. Hollis of Morgan and Bond of Oconee- House Bill No. 429. A bill amending the Highway Mileage Act by adding additional mileage 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. Clements of Wheeler- House Bill No. 433. A bill amending the Highway Mileage 876 JouRNAL oF THE SENATE, Act by adding additional mileage 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. Adams of Franklin- House Bill No. 434. A bill amending the Highway Mileage Act by adding additional mileage 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. Evans of McDuffie- Hause Bill No. 440. A bill amending the Highway Mileage Act by adding additional mileage 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. Hollis of Morgan- House Bill No. 442. A bill amending the Highway Mileage Act by adding additional mileage 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. MoNDAY, JANUARY 24, 1938. 877 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. Adams of Franklin- House Bill No. 446. A bill amending the Highway Mileage Act by adding additional mileage 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. Batchelor of Putnam- House Bill No. 449. A bill amending the Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, and for other purposes. . The report 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. Palmour of Hall- House Bill No. 459. A bill amending an Act so as to clarify the name of a certain 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 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Campbell of Newton- House Bill No. 462. A bill to amend the charter of the Town of Mansfield, and for other purposes. 878 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. Lanier, Harris, and Barrett of Richmond- House Bill No. 468. A bill to amend an Act repealing an Act to authorize the City Council of Augusta to create a Board of Health for said city, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. B,- ~Ir. Field of Whitfield- House Bill ~o. 477. A bill to amend an Act amending the Act requiring a referendum to repeal municipal charters of cities of a certain population, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Joel and Hill of ClarkeHouse Bill No. 375. A bill fixing the amount of bond to be furnished by sheriffs for the faithful and correct performance of their duties, and for other purposes. The report 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, jANUARY 24, 1938. 879 By Messrs. Key of Jasper and Campbell of Newton- House Bill No. 379. A bill amending the Highway 1\Iileage Act by adding additional mileage to the State Aid System, and for other purposes. The Committee on Highways and Public Roads offered the following amendments to House Bill No. 379: To amend by changing the period to a semi-colon and adding the following: "Also that road or route from Eudora on Route No. 11 in Jasper County via Mechanicsville and Jackson Dam to Bridge on Route No. 16 in Butts County, Georgia, a distance of nine miles." Also moves to amend caption accordingly. 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 34, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 385. A bill providing for the examination of Master Electricians in counties of a certain population, and for other purposes. Senator Millican of the 52nd District offered the following amendment to House Bill No. 385: To amend by striking Section 2 thereof and substituting the following to be known as Section 2: "Be it further enacted by the authority aforesaid, that Master Electricians as referred to in this Act are defined as follows: A Master Electrician is defined as a person who assumes the responsible charge either for himself or direction of other persons in the installation of wiring for light, heat and power, and is 880 JouRNAL OF THE SENATE, skilled in the art of electrical superintending and has sufficient practical knowledge of electricity to efficiently and properly assume the responsible charge and direction of other persons in the installation of wiring for light, heat and power." The amendment by Senator Millican 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 27, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. \Veaver, Horne, and Freeman of Bibb- House Bill No. 404. A bill to provide for the listing of taxpayers in counties of a certain population, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed. By ::\lessrs. :\Iarshall of Macon and Taunton of Taylor- House Bill ~o. 443. .\ bill amending the Highway :Mileage .\ct so as to add additional mileage to the State Aid System, and for other purposes. Senator Aultman of the 23rd District offered the following amendment to House Bill No. 443: To amend by inserting directly after the words "State Highway Xo." the first time same appears in the caption, the following "9(i" and by inserting "90" directly after same the second time said words appear in said caption, and by inserting "96" directly after said words the first time same appears in Section 1 of said bill and by inserting "90" directly after said words the second time same appears in said Section 1. The amendment by Senator Aultman was adopted. MoNDAY, jANUARY 24, 1938. 881 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. Senator Millican of the 52nd District asked unanimous consent that House Bill No. 385 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 Messrs. Elliott, Leonard, and Smith of MuscogeeHouse Bill No. 478. A bill amending the Act with reference to city taxes of the City of Columbus, and for other purposes. Referred to Committee on Municipal Government. By Mr. Jones of ElbertHouse Bill No. 479. A bill increasing the salary of the Treasurer of Elbert County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Whitaker of ClaytonHouse Bill No. 486. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, and for other purposes. Referred to Committee on Counties and County ~1atters. The following bills of the House were read the third time and put upon their passage: By ~Ir. Simmons of DecaturHouse Bill No. 78. A bill to be entitled an Act to amend Section 56-224, Georgia Code of 1933, relating to investments by insurance companies, and for other purposes. Senators Atkinson of the 1st District, Williams of the 5th District, Sammon of the 51st District, Millican of the 52nd 882 JouRNAL oF THE SENATE, District, and Chason of the 8th District offered the following substitute for House Bill No. 78: , AN ACT To define the shares of State Chartered Building and Loan Associations and Federal Savings and Loan Associations up to $5,000 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations, to define such insured shares as securities equivalent to cash under certain circumstances; to provide for their acceptance by the Treasurer of this State as a deposit under certain circumstances; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that shares of a state chartered building and loan association, as defined in the Building and Loan Act, and of a Federal savings and loan association shall be legal investments up to $5,000 in each institution for the funds of administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature, and for the funds of all insurance companies, credit unions, fraternal benefit societies, and other building and loan and savings and loan associations, provided the institution in whose shares the funds are invested is insured by Federal Savings and Loan Insurance Corporation pursuant to the provisions of Title IV of the National Housing Act of the Congress of the United States, as now or hereafter amended. This provision is supplemental to and amendatory of Sections 25-105, 56-224, 108-417 of the Civil Code of Georgia of 1933, and any and all other Acts regulating, relating to, and declaring what shall be legal investments for administrators, executors, guardians, trustees, or other fiduciaries of every kind and nature, or for the funds of insurance companies, credit unions, and fraternal benefit societies. Sec. 2. Be it further enacted by the authority aforesaid, that such insured shares referred to in Section 1 hereof shall be deemed to be securities equivalent to cash pursuant to the provisions of Sections 56-316 and 56-317 of the Civil Code of Georgia of 1933, and shall be accepted by the Treasurer of this State in whole or in part as a deposit with that officer pursuant MoNDAY, JANUARY 24, 1938. 883 to the provisions of Sections 56-301, 56-306, 56-311, 56-322 and 56-1107 of the Civil Code of Georgia of 1933. Sec. 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. The substitute for House Bill No. 78 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 32, the nays 0. The bill having received the requisite constitutional majority was passed, by substitute. By Mr. Harrison of Crawford- House Bill No. 202. A bill to be entitled an Act to amend an Act to enable the State Highway Department to carry out the provisions of an amendment to the Constitution, and for other purposes. Senator Atkinson of the 1st District offered the following amendments to House Bill No. 202: To amend by striking the word "directed" from Section 1 where it occurs, and particularly in lines 19 and 47 of Section 1 of the engrossed bill. To further amend by striking the word "shall" in line 55 of Section 1 and inserting in lieu thereof the word" may." The amendments by Senator Atkinson of the 1st District 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 31, the nays 2. The bill having received the requisite constitutional majority was passed, as amended. 884 JouRNAL oF THE SENATE, Senator Atkinson of the 1st District gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 202. The following bills of the Senate were read the third time and put upon their passage: By Senators Pope of the 7th District, Atkinson of the 1st District, Jackson of the 14th District, and Phillips of the 29th District- Senate Bill No. 114. A bill to provide for the confirmation by the Senate of appointees of the Governor for Public Offices, and for other purposes. Senator Millican of the 52nd District offered the following amendment to Senate Bill No. 114: To amend by adding a new section to be known as Section 2a and to read as follows: "Section 2a. .That none of the provisions of this Act shall change the present provisions of Section 13-302 of the Code of 1933 pertaining to the appointment of Superintendent of Banks and Section 40-1801 of the Code of 1933 pertaining to the appointment of State Auditor." The amendment by Senator Millican 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 4. The bill having received the requisite constitutional majority was passed, as amended. By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District- Senate Bill No. 121. A bill to provide that the members of the State Highway Board of Georgia shall devote their full time to the performance of the duties of their office; to provide for the compensation of the members thereof other than the Chairman; and for other purposes. MoNDAY, JANUARY 24, 1938. 885 Senator Johnson of the 42nd District moved that further consideration of Senate Bill No. 121 be postponed unt~l Wednesday, January 26, 1938. The motion was lost. Senator Flynt of the 26th District offered the following amendment to Senate Bill No. 121: To amend by striking from the bill the figures "$6,000.00" wherever they appear and inserting in lieu thereof the figures "$5,000.00." The amendment by Senator Flynt 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. Senator Harrison of the 17th District asked unanimous con- sent that Senate Bill No. 121 be immediately transmitted to the House and the consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House, to-wit: By Mr. Gross of Stephens- House Bill No. 242. A bill to be entitled an Act authorizing the State Highway Board to use any funds available to them for the purpose of matching funds, and for other purposes. The House 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 Bill No. 242. The Speaker has appointed as a Committee of Conference on the part of the House the following members, to-wit: 886 JouRNAL OF THE SENATE, Messrs. Gross of Stephens, Brewton of Evans, and Moore of Lumpkin. Senator Millican of the 52nd District moved that the Senate insist upon its position on House Bill No. 242, known as the Post Roads Act, and that a Committee of Conference be appointed to confer with a like committee from the House. The motion prevailed, and the President named as a Committee of Conference on the part of the Senate the following members, to-wit: Senators Griner of the 45th District, Phillips of the 29th District, and Millican of the 52nd District. Under the head of unfinished business the Senate resumed consideration of Senate Bill No. 119, a bill providing for the establishment of the Herty Pulp and Paper Laboratory Foundation, which was under consideration Friday at the hour of adjournment. On the motion by Senator Harrell of the 12th District, that further consideration of Senate Bill No. 119 be indefinitely postponed, the vote was taken and the motion was lost. Senator Lindsay of the 34th District offered a substitute for Senate Bill No. 119. Senator Flynt of the 26th District moved that the Lindsay substitute for Senate Bill No. 119 be printed and furnished to the members of the Senate and that further consideration of same be postponed until Tuesday, January 25th, 1938, at which time it be set as a special order of business for the day. The motion prevailed. The following resolution of the Senate was read and adopted: By Senators Atkinson of the 1st District, Spivey of the 17th District, Lindsay of the 34th District, and Purdom of the 46th District- MoNDAY, jANUARY 24, 1938. 887 Senate Resolution No. 57. A resolution expressing the appreciation of the Georgia State Senate for the assistance rendered to Georgia by the Prison Industries Reorganization Administration, and for other purposes. The following privilege resolutions were read and adopted: By Senators Williams of the 5th District, Lindsay of the 34th District, Patten of the 6th District, and Spivey of the 16th District- A resolution extending the privileges of the floor to Dr. Charles Berty, an outstanding and prominent citizen of the State of Georgia. By Senators Burgin of the 24th District and Forrester of the 44th District- A resolution extending the privileges of the floor to Bon. 0. C. Stephens, former resident of Chattahoochee County, Georgia. By Senator Turner of the 35th District- A resolution extending the privileges of the floor to Hon. C. W. Walker, prominent citizen of Henry County, Georgia. 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 morning at 10:00 o'clock. 888 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., TUESDAY, JANUARY 25, 1938. 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 Terrell of the 19th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Jones of the 38th District, Vice-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 gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 202. Senator Harrison of the 17th 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 passing House Bill No. 202 on yesterday and the motion prevailed. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendments to the following bill of the House, to-wit: Bv Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 27. A bill to be entitled an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; and for other purposes. TuESDAY, jANUARY 25, 1938. 889 The House 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 Bill No. 27. The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate the following members of the House, to-wit: Messrs. Carmichael of Cobb, Lanham of Floyd, and Fowler of Treutlen. The House has adopted the following resolution of the House, to-wit: By Messrs. Harris of Richmond, Gross of Stephens, and Key of Jasper- House Resolution No. 139. A resolution expressing sympathy to the family of the late Han. Logan Bleckley, deceased, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolution of the House and Senate, to-wit: By Senators Shedd of the 3rd District, Knabb of the 4th District, Williams of the 5th District, Sikes of the 49th District, and Atwood of the 2nd District- Senate Bill No. 4. A bill to be entitled an Act to validate the incorporation of Timber Protective Associations, to amend Code Section 22-413 so as to provide for the incorporation of Timber Protective Associations, and for other purposes. By Senator Millican of the 52nd District- Senate Bill No. 53. A bill to be entitled an Act to amend Section 92-4910 to provide for weekly settlement by tax collectors, and for other purposes. 890 JouRNAL OF THE SENATE, By Senator Williams of the 5th District- Senate Bill No. 72. A bill to be entitled an Act to amend the Constitution so as to authorize trustees of certain schools in Ware County to incur a bonded indebtedness, and for other purposes. By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke- House Resolution No. 132-485a. A resolution to pay tribute and honor to one of Georgia's noble sons by naming State Road No. 15 the Crawford W .Long Memorial Highway. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 79. A bill to be entitled an Act to authorize a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year 1937, as mileage tax, and for other purposes. By Mr. Parker of Colquitt- House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law; to define who are warehousemen; and for other purposes. By Mr. Newby of Twiggs- Hause Bill No. 369. A bill to be entitled an Act to amend the Constitution so as to authorize the Trustees of Jeffersonville Consolidated School District to incur additional bonded indebtedness, and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 382. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the City of Homerville, Clinch County, Georgia, to refund a bonded indebtedness, and for other purposes. By Mr. McGraw of Meriwether- Hause Bill No. 437. A bill to be entitled an Act to fix and provide for the compensation to be paid members of the board of education of certain counties in the State of Georgia, and for other purposes. TuESDAY, JANUARY 25, 1938. 891 By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 448. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 8, Section 4, Paragraph 1, of the Constitution of Georgia, so as to authorize Floyd County, Georgia, to levy an additional tax for high school purposes, and for other purposes. By Messrs. Drake of Seminole and Hayes of Miller- House Bill No. 481. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," to add a certain road beginning at the junction of State Highways Nos. 1 and 91, west of the City of Colquitt, Miller County, Georgia, and thence to Iron City, Georgia, in Seminole County, and for other purposes. By Mr. Swindle of Berrien- House Bill No. 482. A bill to be entitled an Act to amend the charter of the City of Nashville, in the County of Berrien, approved August 15, 1910, and for other purposes. By Messrs. Davis, Lanham, and Keel of Floyd- House Bill No. 484. A bill to be entitled an Act to authorize the boards of education of all counties in the State of Georgia having a certain population according to the United States Census of 1930, to create a retirement or pension fund out of which to pay retirement pay or pensions to teachers and other employees of such boards of education, and for other purposes. By Messrs. Dugas of White and Jackson of Habersham- House Bill No. 485. A bill to be entitled an Act to amend an Act to increase the mileage of the State Aid System of Roads by adding additional mileage in White County, Georgia, and for other purposes. By Messrs. Hogg of Marion and Taunton of Taylor- House Bill No. 490. A bill to be entitled an Act to increase the mileage of the State Aid System of Roads by adding thereto a highway in Marion and Taylor Counties, and for other purposes. 892 JouRNAL oF THE SENATE, By Mr. Reid of Wilcox- House Bill No. 491. 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 Mr. Campbell of Newton- House Bill No. 493. A hill to he entitled an Act to reduce the official bond of the Sheriff of Newton County, Georgia, and for other purposes. By Mr. McCracken of Jefferson- House Bill No. 494. A hill to be entitled an Act to amend an Act of the General Assembly of 1918 relating to the Commissioners of Roads and Revenues of Jefferson County, and for other purposes. By Mr. Jones of Brantley- Hause Bill No. 495. A hill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following hill of the Senate, to-wit: By Senators Pope of the 7th District, Atkinson of the 1st District, Allen of the 31st District, and Almand of the 50th District- Senate Bill No. 28. A bill to be entitled an Act authorizing and empowering of corporations, and amending, revising, and perfecting the present Corporation Laws of Georgia, and for other purposes. Senator Lindsay of the 34th District moved that the Senate insist upon its position on House Bill No. 27, known as the Tax Reorganization Act, and that the President appoint a Committee of Conference on the part of the Senate to confer with a like committee from the House. TuESDAY, JANUARY 25, 1938. 893 The motion prevailed and the President named as a Committee of Conference on the part of the Senate the following members of the Senate, to-wit: Senators Atkinson of the 1st District, Pope of the 7th District, and Lindsay of the 34th District. The Journal was confirmed. Senator Atkinson of the 1st District asked unanimous ~onsent that, following the first part of the period of unanimous consents, the following be established as the order of business today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Special orders. 7. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. Senator Atkinson of the 1st District asked unanimous consent that the Secretary of the Senate be authorized and instructed to have the Committee Substitute for House Bill No. 196 printed for the use of the Senate and the consent was granted. Senator Shannon of the 21st District asked unanimous con- sent that the Secretary of the Senate be authorized and instructed to make certain typographical corrections in Senate Bill No. 118, a local bill affecting the County of Twiggs. The consent was granted. The following bill of the Senate was introduced, read the first time, and referred to the committee: 894 JOURNAL OF THE SENATE, By Senator Williams of the 5th District- Senate Bill No. 130. A bill amending the General Tax Act so as to provide for a tax on auctioneers of certain products and commodities, and for other purposes. The following resolutions of the Senate were introduced, read the first time, and referred to the committees: By Senator Allen of the 31st District- Senate Resolution No. 58. A resolution amending the Constitution so as to provide for refunds by the State Highway Department to certain municipalities and citizens thereof, and for other purposes. Referred to Committee on Amendments to the Constitution. By Senator Sutton of the 47th District- Senate Resolution No. 59. A resolution extending the time for obtaining auto tags and drivers' licenses to February 15, 1938, and for other purposes. Referred to Committee on Motor Vehicles. Senator Lindsay of the 34th District moved that the report of the Conference Committee on Senate Bill )Jo. 28, known as the Corporation Act, be printed before consideration of same is had by the Senate. The motion prevailed. Senator Pope of the 7th District asked unanimous consent that the following bill 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 Williams of the 5th District- Senate Bill No. 126. A bill amending the Constitution so as to authorize the City of Homerville to incur an additional bonded indebtedness, and for other purposes. The consent was granted, the bill read a second time and recommitted. TuESDAY, }ANGARY 25, 1938. 895 Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 349. Do pass by substitute. House Bill No. 281. Do pass, as amended. Respectfully submitted, PEEBLEs, Chairman. Senator Horne of the lOth District, Chairman of the Committee on Public Property, submitted the following report: Mr. President: Your Committee on Public Property have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 128. Do pass. Respectfully submitted, HoRNE, 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 have had under consideration the following resolutions of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Resolution No. 26. Do pass. House Resolution No. 120. Do pass. Respectfully submitted, JoHNSoN, Chairman. 896 JouRNAL oF THE SENATE, Senator Neely of the 36th District, Chairman of the Committee on Temperance, submitted the following report: Mr. President: Your Committee on Temperance have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 196. Do pass, by substitute. Respectfully submitted, NEELY, Chairman. Minority Report We, the undersigned members of the Committee on Temperance, do file this minority report, disagreeing to the report of the committee in reporting favorably Senate substitute to House Bill No. 196 "do pass," and recommend that same" do not pass." RoBINSON of the 13th District, AuLTMAN of the 23rd District. The following bill of the House, favorably reported by the committee, was read the second time: By Messrs. Cohen, Grayson, and MeNall of Chatham- House Bill No. 281. A bill amending the charter of the City of Savannah, and for other purposes. : , The following bill of the Senate, favorably reported by the committee, was read the second time: By Senators Whitehead of the ~30th District and Jackson of the 14th District- Senate Bill No. 128. A bill providing for the use of Old Soldiers Home for Veterans of all wars who are disabled, and for other purposes. The following resolutions of the House, favorably reported by the committees, were read the second time: TuESDAY, JANUARY 25, 1938. 897 By Mr. Morris of Douglas- House Resolution No. 26. A resolution authorizing the State Librarian to furnish certain law books to the Clerk of Douglas County, and for other purposes. By Mr. McCracken of Jefferson- House Resolution No. 120. A resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Jefferson County, and for other purposes. The following bills of the Senate and House were read the third time and put upon their passage: By Senator Griner of the 45th District- Senate Bill No. 127. A bill to prohibit goats from running at large in the County of Telfair, and for other purposes. The report 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 Forrester of the 44th District asked unanimous consent that Senate Bill No. 127 be immediately transmitted to the House and the consent was granted. By Messrs. Hastings and Kendrick and Mrs. Mankin of Fulton- House Bill No. 349. A bill to be entitled an Act creating a new charter for the City of Atlanta, and for other purposes. The Committee of the Senate on Municipal Government offered the following substitute for House Bill No. 349: A Bill entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. 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 Febru- 898 JouRNAL oF THE SENATE, ary 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. The provisions of the charter of the City of Atlanta as embodied in Section 57 of the Code of Atlanta of 1924, which reads as follows: "Sec. 57. Penal Ordinances-Five Hundred Dollars Fine-Thirty Days in Prison-Alternative Sentence.-The said Mayor and General Council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said City, and to punish offenders by fines, not exceeding five hundred dollars, and imprisonment in the calaboose, not exceeding thirty days, for each offense; to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines, to work on the streets or public works of said City. They shall have power to compel offenders, sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance." be amended by striking therefrom the words "thirty days," and substituting in lieu thereof the words "sixty days," so that as amended said section shall read as follows: "Sec. 57. Penal Ordinances-Five Hundred Dollars Fine-Sixty Days in Prison-Alternative Sentence.-The said Mayor and General Council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said City, and to punish offenders by fines, not exceeding five hundred dollars, and imprisonment in the calaboose, not exceeding sixty days, for each offense; to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines, to work on the streets or public works of said City. They shall have power to compel offenders, sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance." Sec. 2. The Aldermen and Councilmen of the City of Atlanta shall have annual salaries of Twelve Hundred ($1200.00) Dollars, each, payable in monthly installments of One Hundred ($100.00) Dollars, each beginning February 1, 1938. TuESDAY, JANUARY 25, 1938. 899 Sec. 3. The City Comptroller and the City Building Inspector, shall in the future be elected by a majority vote of General Council for terms of four years, which terms shall be effective at the expiration of the.respective terms of the present incumbents. In the event there should be a vacancy for anv reason in anv one of said offices prior to 1941, or ther~after, ;uch vacancy to be filled by a majority vote of General Council for the remainder of the then such present term. Sec. 4. The City Comptroller shall be elected by General Council on the first Monday in August, 1940, to take office at the expiration of the term of the present comptroller; the City Building Inspector shall be elected by General Council on the first Monday in September, 1940, to take office at the expiration of the term of the present Building Inspector. The successors thereafter in the respective offices shall be elected on the dates above enumerated every four years. Sec. 5. 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. On the passage of the bill, by substitute, the ayes were 34, the nays 0. The bill having received the requisite constitutional majority was passed, by substitute. By Mr. Hodges of Liberty- House Bill No.. 387. A bill to abolish the office of Tax Collector of Liberty County, Georgia; to create in lieu thereof the office of Tax Commissioner of Liberty County, Georgia; and for other purposes. The Committee of the Senate on Counties and County Matters offered the following amendments to House Bill No. 387: To amend by adding a new section to be numbered Section 14 (a): 900 JouRNAL OF THE SENATE, "Section 14 (a). The provisions of this Act shall go into effect only after recommendation of the Grand Jury of Liberty County." To further amend the caption of the bill in conformity to this amendment. 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 34, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. Senator Millican of the 52nd District asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on Highways and Public Roads, read a second time, and recommitted to the Committee on Highways and Public Roads: By Senator Millican of the 52nd District- Senate Resolution No. 56. A resolution designating and naming Highway No. 3 as the John B. Gordon Highway, and for other purposes. The consent was granted, the resolution read a second time and recommitted. The following resolution of the House was read and adopted: By Messrs. Harris of Richmond, Gross of Stephens, and Key of Jasper- House Resolution No. 139. A resolution expressing the sympathy of the General Assembly to the family of the late Hon. Logan Bleckley, 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. 79. A bill authorizing a refund of the unearned TuESDAY, jANUARY 25, 1938. 901 portion of amounts paid by motor carriers on an annual basis for the calendar year 1937, as mileage tax, and for other purposes. Referred to Committee on Motor Vehicles. By Mr. Parker of Colquitt- House Bill No. 204. A bill to be known as the Uniform Warehouse Receipts Law; to define who are warehousemen; and for other purposes. Referred to Committee on Agriculture. By Mr. Newby of Twiggs- Hause Bill No. 369. A bill amending the Constitution so as to authorize the Trustees of Jeffersonville Consolidated School District to incur additional bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. Musgrove of Clinch- House Bill No. 382. A bill amending the Constitution so as to authorize the City of Homerville to refund a bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. McGraw of Meriwether- Hause Bill No. 437. A bill providing for the compensation of members of the boards of education in counties of a certain population, and for other purposes. Referred to Committee on Education and Public Schools. By Messrs. Davis, Keel, and Lanham of FloydHouse Bill No. 448. A bill amending the Constitution so as to authorize Floyd County to levy an additional tax for High School purposes, and for other purposes. Referred to Committee on Amendments to the Constitution. By Messrs. Drake of Seminole and Hayes of MillerHouse Bill No. 481. A bill amending the Highway Mileage 902 JouRNAL oF THE SENATE, Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Swindle of Berrien- House Bill No. 482. A bill amending the charter of the City of Nashville, and for other purposes. Referred to Committee on Municipal Government. By Messrs. Davis, Lanham, and Keel of Floyd- House Bill No. 484. A bill authorizing the boards of education to create a retirement fund for teachers and other employees of such boards of education, and for other purposes. Referred to Committee on Education and Public Schools. By Messrs. Dugas of White and Jackson of Habersham- House Bill No. 485. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Hogg of Marion and Taunton of Taylor- House Bill No. 490. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Reid of WilcoxHouse Bill No. 491. A bill amending the Highway ~Iileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Campbell of NewtonHouse Bill No. 493. A bill reducing the official bond of the Sheriff of Newton County, and for other purposes. Referred to Committee on Counties and County Matters. TuEsDAY, jANUARY 25, 1938. 903 By Mr. McCracken of Jefferson- House Bill No. 494. A bill amending an Act with reference to the Commissioners of Roads and Revenues of Jefferson County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Jones of Brantley- Hause Bill No. 495. A bill amending the Act abolishing the offices of Tax Receiver and Tax Collector of Brantley 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. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke- House Resolution No. 132. A resolution naming State Road No. 15 as the Crawford W. Long Memorial Highway, and for other purposes. Referred to Committee on Highways and Public Roads. The following bill of the Senate, having been set as a special order for today, was taken up for consideration: By Senators Patten of the 6th District and Williams of the 5th District- Senate Bill No. 119. A bill establishing the Herty Pulp and Paper Foundation, and for other purposes. Senator Lindsay of the 34th District offered the following substitute for Senate Bill No. 119: AN ACT An Act entitled an Act to create a Board to be known as the Herty Foundation; to provide for the appointment of five Trustees who are to constitute the Board of Trustees of said Herty Foundation; and to fix their terms of office, and for the appointment of their successors; to define their duties and powers; and for other purposes. 904 JouRNAL oF THE SENATE, Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That the General Assembly of Georgia being fully mindful of the great opportunity existing in the southeast for the establishment of a profitable business in the development of our forests and the pulp paper industry, and in recognition of the outstanding and patriotic services and accomplishments of a native Georgian, Hon. Charles H. Herty, in pulp and paper experimental work conducted at Savannah since 1932, and desirous of not only continuing this great work, but of broadening same to the point where the entire southeast might share equally in the benefits to be derived from a continuation of same, do by this Act register the enthusiastic appreciation of the services of Dr. Herty and the benefits of the experiments made. Sec. 2. There is hereby created and established a Board to be known as the Herty Foundation to be composed of five Trustees to be appointed by the Governor, one for one year, one for two years, one for three years, one for four years and one for five years, and their successors to be named for five year terms, with power to accept donations, bequests and appropriations from this State or any other State or any subdivision thereof, or any individual or corporation. Said foundation to have the right and power to accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere; to acquire and own realty and personal property regardless of where located, and to do generally, such acts and things as are found necessary to promote and advance the basic purpose of said foundation which is declared to be to experiment in pulp woods of all kinds and to discover and determine uses for which same are adaptable, and to permit those States, subdivisions, corporations and individuals who contribute to the maintenance and support of said foundation to share fully and equally in the accomplishments and services of said foundation. Sec. 3. Be it further enacted that when the Governor shall have appointed said Board of five as hereinbefore provided, said Board shall be empowered and authorized to provide for a Board of Directors and control same; and they are hereby created a body politic and corporate, with perpetual succession of mem- TUESDAY, jANUARY 25, 1938. 905 hers for the purposes aforesaid, and as such shall have full power and authority to establish from time to time, modify a system of experimentation in pulp wood, to make by-laws for their own government, and rules and regulations for the government of the director and employees, and to contract with all necessary employees for the successful operation of said foundation, to sue and be sued by the name and style aforesaid, and to have and use a common seal, and generally shall be clothed with all the rights, powers and privileges incident to corporations, and necessary or convenient for carrying out the purposes of their creation. Sec. 4. This foundation is hereby declared to be a public foundation created and designed and intended for the purpose of rendering services to the citizens, not only of Georgia, but in equal manner and to the same extent to the citizens of the other States of the South. They are authorized as aforesaid, to accept funds appropriated for their use by the General Assemblies of any of the States. And in consideration of such appropriation, are empowered to conduct within the limits of their equipment experimentation on any pulp wood peculiarly beneficial to the various States making such appropriation. They are hereby required to permit. the citizens of those States or subdivisions contributing to the support of said foundation, to visit and go upon the premises, observe the experiments, and in general, to exercise and enjoy a full and free privilege at and around experimental stations. And they are directed after making experiments for other States or for this State who contribute to the support of same, or to the citizens of such State, a full and intelligent report of the result of such experimentation. Sec. 5. If at any time any other State making financial contributions or appropriations to the support of this foundation desires to be represented on the Board of Directors, authority is hereby given to the Governors of such other States to appoint as many as three (3) citizens of his State to become directors of said foundation, who shall upon being thus appointed, have and enjoy the same rights and powers as the five original members as herein provided for, provided, that when any State ceases for a period of one year to contribute to the support of said foundation, the members of the Board of Directors appointed by such state shall 906 JouRNAL OF THE SENATE, automatically cease to be members of said Board, or to enjoy or exercise the powers of such trustee or director. Provided, however, no suit or process shall be deemed served upon said foundation by service upon any person other than one of the five trustees herein provided. Sec. 6. It shall be the duty of the State Auditor to audit the books and accounts of said foundation, and to submit said audit to the Governor who shall transmit the same to each regular session of the General Assembly. Sec. 7. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Senator Millican of the 52nd District offered the following amendment to the Lindsay substitute for Senate Bill No. 119: To amend by adding a new section to be known as Section 5 (a) and reading as follows: "Section 5 (a). The Board of Trustees as provided in this bill shall have authority and they may, in their discretion, to extend support to other individuals or foundations in experimental work with pulp wood of all kinds." The Millican amendment was adopted. Senator Robinson of the 13th District offered the following amendment to the Lindsay substitute for Senate Bill No. 119: To amend by striking the word and numeral three (3) respectively in the 6th line of Section 5 and inserting in lieu thereof the word and numeral one (1), and by striking in the same line the word "trustees" and by striking in the 12th line of said Section 5 the words "trustees or" and by striking the period at the end of said section and adding in lieu thereof a comma, and by adding the following words following the last named comma, to-wit: "The five trustees and the one director, from each state making contributions, shall constitute the Board of Directors each of whom shall have equal voice in the operation of this Board; however, the title to the properties of said Board shall be vested in the 5 trustees whose residence shall be in Georgia, and their successors in office, the venue to all court actions to be in the State of Georgia, the rules and regulations with reference to TUESDAY, jANUARY 25, 1938. 907 the county in which suit may be brought and the proceedings regarding service to be as now provided by law." The amendment by Senator Robinson was adopted. Senator Pope of the 7th District affered the following amendment to the Lindsay substitute for Senate Bill No. 119: To amend by adding to the end of Section 5, as amended, the following words: "Provided, however, that in the event said foundation be dissolved the assets of said foundation revert to the State of Georgia." The amendment by Senator Pope was adopted. Senator Millican of the 52nd District moved the previous question and the motion prevailed. 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 35, the nays 5. The bill having received the requisite constitutional majority was passed, by substitute, as amended. Senator Lindsay of the 34th District asked unanimous consent that Senate Bill No. 119 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. Corbett of Atkinson- House Bill No. 161. A bill to be entitled an Act to provide for the levy of an occupation, or license tax or fee, for State purposes, on persons operating or doing business from rolling stores, and for other purposes. Senator Millican of the 52nd District asked unanimous consent that the Senate consider House Bill No. 161 section by section and the consent was gran ted. The committee offered the following substitute for House Bill No. 161: 908 JouRNAL oF THE SENATE, A BILL To be entitled an Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; to define the terms "rolling store" and "motor vehicle" as used in this Act; to prescribe the amount of tax to be levied on each and every rolling store operated in this State; to provide that the tax levied by this Act shall be in addition to all other taxes levied under existing laws; to require the State Revenue Commission to collect the tax levied by this Act and upon payment thereof to issue permits to the persons making payment of such tax; to provide for the enforcement of this Act by the issuance of executions and for defenses thereto; to provide that the operation of a rolling store in any county of the State without paying the tax shall be a misdemeanor and prescribe punishment therefor; to allocate and to appropriate the money arising from this tax to the Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction; to provide for certain exemptions; to repeal all conflicting laws; 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 order to construct and maintain the rural post roads of this State and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby levied upon each motor vehicle used as a rolling store as hereinafter defined from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual tax in the amount of ten ($10.00) dollars for each ton or major fraction thereof of the actual gross weight of said motor vehicle used as a rolling store, said weight to be determined by combining the weight of the vehicle and the maximum actual load thereon, provided, however, that no county can levy any additional tax on such rolling store. Sec. 2. DEFINITIONS. The term "rolling store" as used in this Act shall be held to mean and include a motor vehicle of any TUESDAY, JANUARY 25, 1938. 909 kind or description travelling from place to place over the public roads and highways of the State of Georgia transporting goods, wares, merchandise, or other commodities and from or at which such goods, wares, merchandise, or other commodities so transported are sold or offered for sale at retail or exchange for goods, wares, or products of any kind or character whatsoever. The term "motor vehicle" as used in this Act shall mean and include any vehicle, machine, tractor,_ trailer, or semi-trailer, propelled or drawn by mechanical power. The term "retail" as used in this Act is hereby defined as sales made to the ultimate consumer in small quantities. Sec. 3. The tax prescribed by this Act shall be levied in addition to ad valorem tax, tag fees or any other tax or license fee prescribed, levied or exacted under existing laws. Sec. 4. There is expressly excluded from the provisions of this Act vehicles used exclusively for the sale or delivery of ice, coal, dairy products, including cheese and ice cream, soft drinks, malt beverages, petroleum and its products, tobacco and its products, farm products (farm products being sold by the producer himself), bread or other bakery products, nuts, potato chips, sandwiches, and meats derived from animal products. Sec. 5. It shall be the duty of the State Revenue Commission to collect the tax prescribed and levied by this Act, and every person proposing to engage in the business of operating a rolling store or rolling stores as defined by this Act and not exempted hereunder shall, before engaging in such business, file application with the State Revenue Commission of Georgia for a permit so to do, and shall pay the tax prescribed by this Act. Said Commission shall be authorized to issue executions against all persons in default in the payment of such tax as prescribed in Section 92-7301, Georgia Code of 1933, which shall be enforced as prescribed by said section and shall be subject to the defenses as therein provided. Sec. 6. Any person who shall in the State of Georgia operate or conduct a rolling store or rolling stores in any county thereof without paying the tax levied by the terms of this Act shall be guilty of a misdemeanor and upon conviction in any court of the 910 JouRNAL OF THE SENATE, State of Georgia having jurisdiction shall be punished as prescribed in Section 27-2506, Georgia Code of 1933. Sec. 7. The revenue derived from this Act less one (1 %) per cent. thereof which is appropriated and set aside for the enforcement of this Act, is hereby allocated and appropriated to the State Highway Department, or whatever Board or Bureau may be created as its successor, to be used for the purpose of constructing, repairing and maintaining the rural post roads of Georgia under the supervision of the Highway Department of this State. This allocation and appropriation of funds is made in addition to any fixed sum appropriation or allocation made in any Appropriation Act now effective or which may become effective in the future and shall in no event be construed as included in any fixed sum appropriated to the State Highway Department or its successor. Sec. 8. Be it enacted further that the State Revenue Com- mission be and it is hereby authorized and required to prescribe rules and regulations for the proper enforcement of this Act and to that end is hereby empowered to require each operator of a rolling store to make written application to be executed before an officer of the State authorized to administer oaths and set forth in said application a description of the motor vehicle in- tended to be used as a rolling store, giving the weight of said vehicle together with the maximum actual weight and load com- bined. Said Revenue Commission is hereby empowered to re- quire that such application give the name and residence of the owner and operator of such motor vehicle and any other informa- tion necessary to a proper enforcement of this Act. It shall be the duty of each operator of a rolling store to pay the tax hereby levied at the time of making application for permit and such per- mit shall be at all times posted in a conspicuous place on said motor vehicle accessible to the officers of the State whose dutv it shall be to enforce this Act. . Sec. 9. All laws and parts of laws in conflict with this A.ct be and they are hereby repealed. An amendment by Senator Sutton of the 47th District was lost. An amendment by Senator Patten of the 6th District was lost. TuESDAY, JANUARY 25, 1938. 911 Senator Sammon of the 51st District offered the following amendment to the committee substitute for House Bill No. 161: To amend Section 1, in lines 8, 9, 10, and 11 by striking the words and figures "ten ($10.00) dollars for each ton or major fraction thereof of the actual gross weight of said motor vehicle used as a rolling store. Said weight to be determined by combining the weight of the vehicle and the maximum actual load thereof" and substituting in lieu thereof the following: "fifty ($50.00) upon each and every rolling store as defined in this Act." The amendment by Senator Sammon of the 51st District was adopted. Senator Pope of the 7th District offered the following amendment to the committee substitute for House Bill No. 161: To amend by striking the following words in Section 1 thereof: "Provided, however, that no county can levy any additional tax on such rolling store." On the adoption of the amendment by Senator Pope, Senator Fowler of the 39th 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 Clements Hampton Hardman Holmes Horne Johnson Kimbrough Knabb Lindsay McCutchen Peebles Pope Pruett Sammon Shedd Sutton Terrell Turner Those voting in the negative were Senators: Atwood Burgin Chason Ennis Flynt Forrester Fowler Griner Harrell Harrison Jackson Jones Millican Moye Patten Peterson Phillips Robinson Shannon Sikes Thraslrer Walker Whitehead Williams 912 JouRNAL OF THE SENATE, Verification of the roll call was dispensed with. The ayes were 23, the nays 24. The amendment by Senator Pope was therefore lost. Not voting were: Senators Burrell of the 40th District, McKenzie of the 48th District, Purdom of the 46th District, and Neely of the 36th District. Senator Allen of the 31st District offered the following amendment to the committee substitute for House Bill No. 161: To amend Section 1 by adding at the end thereof the following: "It is further provided that a trailer shall bear the same license as the unit drawing same." The amendment by Senator Allen was adopted. Senator Whitehead of the 30th District offered the following amendment to the committee substitute to House Bill No. 161: To amend by striking the first 3 lines of Section 1 and through the word" same" in line 4 and inserting in lieu thereof the followmg: "That for the support and maintenance of the State Hospital at Milledgeville." To further amend the caption accordingly. The amendment by Senator Whitehead was adopted. Section 1 of the committee substitute for House Bill No. 161 was adopted, as amended. Section 2 of the committee substitute for House Bill No. 161 was adopted. Senator Atwood of the 2nd District offered the following amendment to the committee substitute for House Bill No. 161: To amend by adding to the end of Section 3, after the word "laws" the following words "not in conflict with this Act." The amendment by Senator Atwood was adopted. TuESDAY, jANUARY 25, 1938. 913 Section 3 of the committee substitute for House Bill No. 161 was adopted, as amended. Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion was lost. Senator Atkinson of the 1st District moved that the Senate reconsider its action in adopting Section 1 ofthe committee substitute for House Bill No. 161, as amended. On the motion by Senator Atkinson of the 1st District, Senator Flynt of the 26th District called for the ayes and nays and the call was sustained. Senator Harrell of the 12th District moved that the Senate do now adjourn. On the motion by Senator Harrell of the 12th District, Senator Harrell 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 Burgin Flynt Fowler Harrell Harrison Horne Johnson Jones Lindsay Millican Peterson Phillips Sutton Turner Walker Those voting in the negative were Senators: Allen Almand Atkinson Aultman Brock Burrell Chason Clements Ennis Griner Hampton Hardman Holmes Jackson Kimbrough Knabb McCutchen Moye Patten Peebles Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Terrell Thrasher Whitehead Williams Verification of the roll call was dispensed with. The ayes were 16, the nays 32. 914 JouRNAL oF THE SENATE, The motion to adjourn was therefore lost. Not voting were: Senators McKenzie of the 48th District, Neely of the 36th District, and Forrester of the 44th District. Senator Harrell of the 12th District moved that further consideration of House Bill No. 161 be postponed until Wednesday, January 26, 1938 at 10:00 o'clock A.M. On the motion by Senator Harrell, 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: Burgin Flynt Harrell Harrison Johnson Jones Millican Patten Peterson Phillips Purdom Robinson Shannon Thrasher Turner Walker Those voting in the negative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burrell Chason Clements Ennis Forrester Griner Hampton Hardman Holmes Home Jackson Kimbrough Knabb Lindsay McCutchen Moye Peebles Pope Pruett Sammon Sikes Sutton Terrell Whitehead Williamlii Verification of the roll call was dispensed with. The ayes were 16, the nays 31. The motion to postpone consideration was therefore lost. Not voting were: Senators Fowler of the 39th District, McKenzie of the 48th District, Neely of the 36th District, and Shedd of the 3rd District. Senator Atkinson of the 1st District moved the previous question on his motion to reconsider Section 1 of the committee substitute for House Bill No. 161, as amended. TUESDAY, jANUARY 25, 1938. 915 Senator Harrell of the 12th District moved that the Senate do now adjourn. On the motion to adjourn, Senator Harrell 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 Burgin Flynt Forrester Fowler Harrell Harrison Johnson Jones Millican Patten Peterson Phillips Shannon Turner Walker Those voting in the negative were Senators: Allen Almand Atkinson Aultman Brock Burrell Chason Clements Griner Hardman Holmes Horne Kimbrough Knabb Lindsay McCutchen Moye Peebles Pope Pruett Purdom Robinson Sammon Sikes Sutton Terrell Whitehead Williams Verification of the roll call was dispensed with. The ayes were 16, the nays 28. The motion to adjourn was therefore lost. ="ot voting were: Senators Ennis of the 20th District, Hampton of the 40th District, Jackson of the 14th District, McKenzie of the 48th District, Neely of the 36th District, Shedd of the 3rd District, and Thrasher of the 27th District. By unanimous consent, the Senate recessed for 1 hour. The hour of 2:30 o'clock P.M. having arrived, the President called the Senate to order. On the motion of Senator Atkinson of the 1st District, that the Senate reconsider its action in adopting Section 1 of the committee 916 JouRNAL oF THE SENATE, substitute for House Bill No. 161, as amended, the roll.was called and the vote was as follows: Those voting in the affirmative were Senators: Almand Atkinson Aultman Brock Burrell Ennis Forrester Fowler Griner Hardman Harrison Holmes Horne Johnson Knabb Lindsay McCutchen Millican Moye Patten Peebles Phillips Pope Pruett Sammon Shedd~ Sikes Sutton 1 Terrell I Williams Those voting in the negative were Senators: Harrell Jones Peterson Robinson Shannon Walker Whitehead Verification of the roll call was dispensed with. The ayes were 30, the nays 7. The motion to reconsider Section 1 was therefore adopted. Not voting were: Senators Allen of the 31st District, Atwood of the 2nd District, Burgin of the 24th District, Chason of the 8th District, Clements of the 9th District, Flynt of the 26th District, Hampton of the 41st District, Jackson of the 14th District, Kimbrough of the 25th District, McKenzie of the 48th District, Neely of the 36th District, Purdom of the 46th District, Thrasher of the 27th District, and Turner of the 35th District. Senator Fowler of the 39th District moved that the Senate reconsider its action in adopting the amendment by Senator Sammon of the 51st District to Section 1 to the committee substitute for House Bill No. 161 and the motion was lost. Senator Atkinson of the 1st District moved that the Senate reconsider its action in defeating the amendment by Senator Pope of the 7th District to Section 1 of the committee substitute for House Bill No. 161. On the motion by Senator Atkinson to reconsider the action of the Senate in defeating the Pope amendment, Senator Robinson TuESDAY, jANUARY 25, 1938. 917 of the 13th District called for the ayes and nays and the call was sustained. Senator Jones of the 38th District moved that House Bill No. 161, the substitute and all amendments thereto be tabled and the motion was lost. On reconsideration of the Pope amendment, the roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atkinson Aul~an Brock Burrell Chason Clements Ennis Hampton Hardman Holmes Horne Johnson Kimbrough Knabb Lindsay McCutchen Patten Peebles Pope Pruett Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Williams Those voting in the negative were Senators: Atwood Burgin Forrester Fowler Griner Harrell Harrison Jackson Jones Millican Moye Peterson Phillips Robinson Walker Whitehead Verification of the roll call was dispensed with. The ayes were 30, the nays 16. The motion to reconsider the action of the Senate in defeating the Pope amendment prevailed. Not voting were: Senators Flynt of the 26th District, McKenzie of the 48th District, Neely of the 36th District, Purdom of the 46th District, and Turner of the 35th District. Senator Pope of the 7th District asked unanimous consent that he be permitted to withdraw his amendment to Section 1 of the committee substitute for House Bill No. 161 from the further consideration of the Senate and the consent was granted. 918 JouRNAL OF THE SENATE, Senators Terrell of the 19th District and Pope of the 7th District offered the following amendment to the committee substitute for House Bill No. 161: To amend Section 1 by striking the words" Provided, however, that no county can levy an additional license on such rolling store" and inserting in lieu thereof the following" no county may levy a license tax thereon in excess of the amount of the State license thereon." The amendment by Senators Terrell and Pope was adopted. Section 1 of the committee substitute for House Bill No. 161 was adopted, as amended. Senator Peterson of the 15th District offered the following amendment to the committee substitute for House Bill No. 161: To amend Section 4 by inserting after the words" malt beverages" and before the words "petroleum and its products" in line 4 the word " furniture." The amendment by Senator Peterson was adopted. Section 4 of the committee substitute for House Bill No. 161 was adopted, as amended. Section 5 of the committee substitute for House Bill No. 161 was adopted. Section 6 of the committee substitute for House Bill No. 161 was adopted. Senators Ennis of the 20th District and Whitehead of the 30th District offered the following amendment to the committee sub- stituteforHouseBillNo.161: To amend Section 7 by inserting in lieu of the words "Highway Department, or whatever board or bureau may be created as its successor to be used for the purpose of constructing, repairing and maintaining its rural post roads of Georgia under the supervision of the Highway Department of this State" the following" State Welfare Board for use in rebuilding, remodeling and building at the Milledgeville State Hospital, except that 1% shall be allocated for the enforcement of same." TuESDAY, jANUARY 25, 1938. 919 The amendment by Senators Ennis of the 20th District and Whitehead of the 30th District was adopted. Section 7, as amended, was adopted. Sections 8 and 9 were adopted. Senators Whitehead of the 30th District and Ennis of the 20th District offered the following amendment to the committee substitute for House Bill No. 161: To amend by inserting where the words "Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction" appear in the caption of the bill the words "The State Welfare Board for buildings and repairs at the Milledgeville State Hospital." The amendment by Senators Whitehead and Ennis was adopted. The caption, as amended, was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended. On the passage of the bill, by substitute, as amended, the ayes were 29, 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 Peterson of the 15th District- A resolution extending the privileges of the floor to Hon. Guy Stone, former Messenger of the State Senate. By Senator Moye of the 11th District- A resolution extending the privileges of the floor to Hon. F. A. Sealy, prominent citizen of Cuthbert, Georgia. Senator Millican of the 52nd District moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning and the motion prevailed. The President announced that the Senate stood adjourned until tomorrow morning at 9:30 o'clock. 920 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, JANUARY 26, 1938. 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 Rev. Jack Soper, Rector of Saint Marks Episcopal Church of Dalton, Georgia. Senator Millican of the 52nd District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. Senator Jones of the 38th District, Vice-Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct. Senator Walker of the 28th 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, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Special order. 7. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. WEDNESDAY, JANUARY 26, 1938. 921 The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham- House Bill No. 122. A bill to be entitled an Act to levy an additional tax on commercial fishing boats belonging to aliens or non-residents of the State of Georgia, and for other purposes. By Mr. Ennis of Baldwin- House Bill No. 277. A bill to be entitled an Act amending the chain store Act of 1937 by making a specific appropriation of said funds derived therefrom for the purpose of constructing, repairing, etc., for the eleemosynary institutions, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 496. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 498. A bill to be entitled an Act to amend an Act requiring county officers of Bryan County to furnish bonds, by providing that said bonds be paid by the county out of its general funds, and for other purposes. The House has passed by the requisite constitutional majority, as amended, the following bill of the Senate, to-wit: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 49. A bill to be entitled an Act to change the name of the Pris.on Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes. 922 JouRNAL oF THE SENATE, The House has adopted the Senate substitute to the following bill of the House, to-wit: By Mr. Simmons of Decatur- House Bill No. 78. A bill to be entitled an Act to amend Section 56-224, Georgia Code of 1933, relating to investments by insurance companies, and for other purposes. The House has agreed to the Senate amendments to the following bills of the House, to-wit: By Messrs. Marshall of Macon and Taunton of Taylor- House Bill No. 443. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads in Macon and Taylor Counties, and for other purposes. By Messrs. Key of Jasper and Campbell of Newton- House Bill No. 379. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage to the System of State Aid Roads in Jasper County and Newton County, and for other purposes. Senator Lindsay of the 34th District asked unanimous consent that the Senate recess at 12:30 o'clock P. M. today to meet back at 2:00 o'clock P.M. for an afternoon session and the consent was granted. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senators Millican of the 52nd District and Pruett of the 32nd District- Senate Bill No. 131. A bill amending Code Section 26-2503 with reference to the punishment for robbery by intimidation, and for other purposes. Referred to Committee on General Judiciary No. 1. By Senators Jackson of the 14th District, Millican of the 52nd District, Jones of the 38th District, Purdom of the 46th District, and Phillips of the 29th District- WEDNESDAY, JANUARY 26, 1938. 923 Senate Bill No. 132. A bill amending Code Section 68-301 with reference to the speed limit of vehicles having pneumatic tires, and for other purposes. Referred to Committee on Motor Vehicles. By Senators Lindsay of the 34th District, Jackson of the 14th District, and Pope of the 7th District- Senate Bill No. 133. A bill authorizing the State Highway Department to execute lease contracts or agreements granting easements on the rights of way, and for other purposes. Referred to Committee on Highways and Public Roads. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 126. Do pass, as amended. Respectfully submitted, PoPE, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 478. Do pass. Respectfully submitted, PEEBLES, Chairman. 924 JouRNAL oF THE SENATE, Senator Brock of the 37th District, Vice-Chairman of the Committee on Privileges and Elections, submitted the following report: Mr. President: Your Committee on Privileges and Elections have had under consideration the following bill of the House and have instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 145. Do pass. Respectfully submitted, BRocK, Vice-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 have had under consideration the following bills and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 453. Do pass. House Bill No. 455. Do pass. House Bill No. 460. Do pass. House Bill No. 469. Do pass. House Bill No. 473. Do pass. House Bill No. 465. Do pass. House Bill No. 456. Do pass. House Bill No. 471. Do pass. House Bill No. 476. Do pass. Senate Bill No. 124. Do pass, as amended. Senate Resolution No. 56. Do pass. Respectfully submitted, . PHILLIPS, Chairman. WEDNESDAY, jANUARY 26, 1938. 925 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 486. Do pass. House Bill No. 479. 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 Countv Matters have had under consideration the following bills of the" House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 421. Do not pass. House Bill No. 422. 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 have had under consideration the following bills of the House and have in- 926 JouRNAL oF THE SENATE, structed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 290. Do not pass. House Bill No. 291. Do pass. 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 have had under consideration the following bill and resolution of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Resolution No. 59. Do pass. House Bill No. 79. Do pass. Respectfully submitted, SuTToN, Chairman. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senators Griner of the 45th District, Harrison of the 17th District, and Jones of the 38th District- Senate Bill No. 124. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. The following resolution of the Senate, favorably reported by the committee, was read the second time: By Senator Sutton of the 47th District- Senate Resolution No. 59. A resolution extending the time for obtaining auto tags and drivers licenses to February 15, 1938, and for other purposes. WEDNESDAY, jANUARY 26, 1938. 927 The following bills of the House, favorably reported by the committees, were read the second time: By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 79. A bill authorizing a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year of 1937, as mileage tax, and for other purposes. By Messrs. Dampier and Larsen of Laurens- House Bill No. 291. A bill providing for special criminal bailiffs in counties having a population of 35,000 or more, and for other purposes. By Mr. Deal of Bulloch- Hause Bill No. 453. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Booth of Barrow- House Bill No. 455. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Dampier and Larsen of Laurens, and Jones and Smith of Dodge- House Bill No. 456. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Field of Whitfield- House Bill No. 460. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 465. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Adams of Franklin- House Bill No. 469. A bill to amend the Highway Mileage 928 JouRNAL oF THE SENATE, Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Drake of Seminole, Simmons and Kirbo of Decatur- House Bill No. 471. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Adams of Franklin- House Bill No. 473. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Pound of Hancock- House Bill No. 476. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Elliott, Leonard, and Smith of Muscogee- House Bill No. 478. A bill to amend an Act relating to City taxes of Columbus, and for other purposes. By Mr. Jones of Elbert-- House Bill No. 479. A bill increasing the salary of the Treasurer of Elbert County, and for other purposes. By l\Ir. Whitaker of Clayton- House Bill No. 486. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, and for other purposes. Senator Peebles of the 18th 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 to the Committee on Counties and County Matters: By Mr. McCracken of Jefferson- House Bill No. 494. A bill amending an Act with reference to the Commissioners of Roads and Revenues of Jefferson County, and for other purposes. WEDNESDAY, JANUARY 26, 1938. 929 The consent was granted, the bill read a second time, and recommitted. Senator Purdom of the 46th District asked unanimous consent that the following bills of the House be withdrawn from the Committee on Agriculture, read a second time, and recommitted to the Committee on Agriculture: By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin of Heard, Rowland of Johnson, and Hampton of Fannin- House Bill No. 170. A bill amending Part IV, Title 5, of the Code of 1933 with reference to fertilizer inspectors, and for other purposes. By Mr. Parker of Colquitt- House Bill No. 204. A bill to be known as the Uniform Warehouse Receipts Law; to define who are warehousemen; and for other purposes. The consent was granted, the bills read a second time, and recommitted. Senator Hardman of the 33rd District asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Highways and Public Roads, read a second time, and recommitted to the Committee on Highways and Public Roads: By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke- House Resolution No. 132. A resolution naming State Road No. 15 as the Crawford W. Long Memorial Highway, and for other purposes. The consent was granted, the resolution read a second time, and recommitted. Senator Allen of the 31st 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: 930 JouRNAL oF THE SENATE, By Senator Allen of the 31st District- Senate Resolution No. 58. A resolution amending the Constitution so as to provide for refunds by the State Highway Department to certain municipalities and citizens thereof, and for other purposes. The consent was granted, the resolution 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 Mr. Morris of Douglas- House Resolution No. 26. A resolution authorizing the State Librarian to furnish certain law books to the Clerk of Douglas County, 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 29, the nays 0. The resolution having received the requisite constitutional majority was passed. By Mr. McCracken of Jefferson- House Resolution No. 120. A resolution furnishing certain Law books to the Ordinary of Jefferson County, and for othet 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 29, the nays 0. The resolution having received the requisite constitutional majority was passed. By Messrs. Peters and McGraw of Meriwether- House Bill No. 145. A bill requiring 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. WEDNESDAY, JANUARY 26, 1938. 931 The report 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. Reid of \Vilcox- House Bill No. 422. A bill repealing an Act abolishing the Office of County Treasurer of 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 Messrs. Cohen, Grayson, and MeNall of Chatham- House Bill No. 281. A bill amendi~g the charter of the City of Savannah, and for other purposes. The Committee on Municipal Government offered the following amendment to House Bill No. 281: To amend by striking all of Section 4 and inserting in lieu thereof the following: "Should the income of the City of Savannah be decreased by law, either by Act of the General Assembly of the State of Georgia or the Mayor and Aldermen of the City of Savannah it shall be the duty of the said budget Commission to immediately adjust its budget to comply with such decreased revenue. Except as herein expressly authorized the total expenses incurred and appropriations made by the Mayor and Aldermen of the City of Savannah in any year shall never exceed the total revenue estimated for that year as provided in Section 1 of this Act and as thereafter reduced as provided in this section. Nothing contained in this section or in this bill shall be construed as in any way impairing, limiting or restricting the right of the Mayor ~r the Aldermen of the City of Savannah to make temporary loan 5 932 JOURNAL OF THE SENATE, to supply casualty deficiencies in revenue as provided in the Constitution of Georgia." 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 f~llowing bills of the House were read the first time and referred to the committees: By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham- House Bill No. 122. A bill to levv an additional tax on commercial fishing boats belonging to- aliens or non-residents of Georgia, and for other purposes. Referred to Committee on Conservation. By Mr. Ennis of Baldwin- House Bill No. 277. A bill amending the Chain Store Act of 1937 by making a specific appropriation of funds derived therefrom for the purpose of repairing the eleemosynary institutions, and for other purposes. Referred to Committee on Finance. By Mr. Warnell of Bryan- House Bill No. 496. 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. By Mr. Warnell of Bryan- House Bill No. 498. A bill to amend an Act requiring the Officers of Bryan County to furnish bonds and providing that the premiums on same be paid by the County, and for other purposes. Referred to Committee on Counties and County Matters. WEDNESDAY, jANUARY 26, 1938. 933 The Senate adopted the following report of the Conference Committee on Senate Bill No. 28: The Conference Committee of the Senate and the House had under consideration Senate Bill No. 28 as amended by the House and recommend as follows: (1) That the Senate recede from its position on House Amendments Nos. 1, 3, 4, 5 and 6. (2) The Conference Committee recommends that House Amendment No.2, changed as follows, be adopted: Strike the word "the" before the words "newspaper having general circulation" and insert in lieu thereof the word" a." Strike the words "in the first edition of said newspaper published after the date of said payment" and insert in lieu thereof the words" within one week after the filing of the application or petition for charter unless otherwise ordered by the Court." Add at the end of the amendment the following words: "Advertisements for dissolutions of charters shall be published in the newspaper in which sheriff's advertisements are published." So that Section 3 of said bill shall read as follows: "Section 3. The applicants for the charter shall thereupon file said petition or declaration with the Order of the Judge thereon in the office of the Clerk of the Superior Court of the county in which the principal office of the corporation is located and shall concurrently therewith deposit with and pay to said Clerk the fees of said Clerk for his services in said case, to-wit: "Fifteen cents per 100 words for recording the charter and Five ($5.00) Dollars for other services required of the Clerk in connection with the application for the charter; applicants shall submit to the Clerk an affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation and whose principal place of business is in the County (as of the date of filing of said petition) that there has been deposited with said newspaper the cost of publishing four (4) insertions of said application once a week for four (4) weeks, with the order of the Judge thereon. First of said advertisements shall appear with- 934 jOURNAL OF THE SENATE, in one week after the filing of the application or petition for charter unless otherwise ordered by the Court. "Provided, however, it shall not be necessary that any or all of the advertisements appear before the petition is granted and filed by the Clerk. "Advertisements for dissolution of charters shall be published in the newspaper in which sheriff's advertisements are published." (3) The Conference Committee recommends that House Amendment No. 6, changed as follows, be adopted: Strike from said amendment where said amendment states Code Section 22-308 as it is to be re-enacted in the 13th and 14th lines thereof, the words "as provided in the Code of 1933" and insert in lieu thereof the words, "as provided in this Act." And by striking in lines 16 and 17 the words, "as provided in Section 22-601, of the Code of 1933" and inserting in lieu thereof the words "as provided in this Act;" And by striking in lines 20 and 21 the words "as provided in the Code of 1933 and in Chapter 22-6 of the Code of 1933 as the case may be," and inserting in lieu thereof the words, "as provided in this Act," so that said Amendment No. 6 shall read as follows: "Senate Bill No. 28 is amended by adding in the caption thereof the following, to be placed immediately before the words" and for other purposes": "To repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Georgia Laws 1935, pages 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof." And moves further to amend said Senate Bill ~o. 28 by adding a new section to be numbered 44-B, and to read as follows: "Be it further enacted that Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Georgia Laws 1935, pages 108-9) be and the same are hereby repealed, which is to say, that said Code Section and said Act are both hereby repealed and a new section to be numbered 22-308, to read as follows, be inserted in lieu thereof"; WEDNESDAY, jANUARY 26, 1938. 935 "22-308. Charters granted, amended, renewed, or revived in vacation.-The judges of the Superior Courts shall be authorized and empowered to grant charters to private companies and corporations and to amend, renew, and revive such charters in vacation, either at chambers in the county where the application for charter, amendment, renewal or revivor is pending, or at chambers in any county which forms a part of the judicial circuit in which said application is pending, in the same manner ang subject to the same restrictions as now provided by law for granting, amending, renewing and reviving charters in term time, and the applicants for charters, amendments and renewals shall comply with the provisions of law, so far as the same may be applicable, as provided in this Act, and the applicants for revivors shall likewise comply with the provisions oflaw, so far as the same may be applicable, as provided in this Act, and companies whose charters have been granted, amended, renewed or revived in vacation shall be subject to all privileges, powers, conditions and liabilities, as provided in this Act. All charters of private corporations and all amendments, renewals and revivors thereof heretofore granted by the judges of the Superior Courts of this State in vacation, either at chambers in the county where the application was pending or at chambers in any county which forms a part of the judicial circuit in which such application was pending, are hereby confirmed, validated and declared to be of full effect from the dates of the orders or judgments granting such charters, amendments, renewals or revivors." The committee recommends that the Senate and House agree to House Amendment No.6, as amended. The committee further recommends that Section 44-A be amended by adding at the end thereof, when properly punctuated, the following: "nor to electric membership corporations as defined in an Act approved March 30, 1937, Georgia Laws 1937, pages 644 et seq." Respectfully submitred, WILLIAMS of the 5th District, PoPE of the 7th District, ATKINSON of the 1st District. On the part of the Senate. 936 JouRNAL oF THE SENATE, PARKER of Colquitt, GRoss of Stephens, SuTTON of Wilkes. On the part of the House. The following bill of the House was taken up for consideration: By Mr. Harrison of Crawford- House Bill No. 202. A bill to amend an Act to enable the Highway Department to carry out the provisions of an amendment to the Constitution, and for other purposes. Senators Holmes of the 22nd District and Atkinson of the 1st District offered the following amendment to House Bill No. 202: To amend House Bill No. 202 by striking therefrom Section 1, and inserting in lieu thereof the following: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved March 1, 1933, (Georgia Laws 1933, pages 161-172) 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 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; be and the same is hereby amended by adding to Section 12 of said Act immediately after the words "and the payment of which was assumed under the provisions of the amendment to the Constitution approved August 25, 1931," the following: "Provided, however, that where private persons contributed to any fund or fu'nds used in the construction and/or paving of the public roads or highways (including bridges) of the State which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and for which Highway Certificates are WEDNESDAY, JANUARY 26, 1938. 937 issued to the counties under this Act, governing authorities of said county wherein said work was done are hereby authorized and empowered to ascertain the amounts of the several contributions made by the aforesaid persons, and the amount thereof included in the refunding Highway Certificates, and to pay to the aforesaid persons, their heirs or assigns, ten per centum of the amount of said contributions, refunded to the county and included in such Highway Certificates, upon the maturity and payment to said counties of each of the aforesaid certificates of indebtedness," so that said Section 12 as amended shall read as follows: "Section 12. Be it further enacted by the authority aforesaid, that all funds received or realized (or so much thereof as may be necessary) from the certificates of indebtedness issued or to be issued by the State Highway Department to the several counties of this State, as well as to the Coastal Highway District and the counties of said districts under the provisions of the amendment to the Constitution, providing for the issuance of such certificates, approved August 25, 1931, shall be first applied by the fiscal or governing authorities of said political subdivision receiving said certificates to the payment of that part of the outstanding and unpaid bonded indebtedness of such political subdivision incurred and used for the construction and/or paving of the public roads or highways (including bridges) of the State, as contemplated and defined by Article 6, Section 1, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and the payment of which was assumed under the provisions of the amendment to the Constitution approved August 25, 1931. Provided, however, that where private persons contributed to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and for which Highway Certificates are issued to the counties under this Act, the governing authorities of said county wherein said work was done are hereby authorized and em- 938 JouRNAL OF THE SENATE, powered to ascertain the amounts of the several contributions made by the aforesaid persons, and the amount thereof included in the Highway Refunding Certificates, and to pay to the aforesaid persons, their heirs or assigns, ten per centum of the amount of said contributions, refunded to the county and included in such Highway Certificates, upon the maturity and payment to said counties of each of the aforesaid certificates of indebtedness. Provided, however, that in any case where the governing authorities of said counties or district cannot acquire for payment any of such outstanding bonds as hereinbefore described, said governing authorities shall invest the proceeds of said certificates so issued to said counties in securities now prescribed by law to be placed in the sinking-fund of said several political subdivisions, and there kept and held as now provided by law for the discharge and eventful payment of said outstanding bonded indebtedness or said outstanding bonds, and shall in all respects be treated by said governing authorities of said counties and districts hereinbefore referred to as now provided by law for the preservation, care and use of said sinking-funds." 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 1. The bill having received the requisite constitutional majority was passed, as amended. Senator Holmes of the 22nd District asked unanimous consent that House Bill No. 202 be immediately transmitted to the House and the consent was granted. The following resolution of the Senate was read the third time and put upon its passage: By Senator Millican of the 52nd District- Senate Resolution No. 56. A resolution designating and naming Highway No.3 as John B. Gordon Highway. WEDNESDAY, JANUARY 26, 1938. 939 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 29, the nays 0. The resolution having received the requisite constitutional majority was passed. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the Senate Substitute, as amended, to the following hill of the House, to-wit: By Mr. Corbett of Atkinson- House Bill No. 161. A hill to he entitled an Act to provide for the levy of an occupation, or license tax or fee, for State purposes, on persons operating or doing business from rolling stores, and for other purposes. The House requests that a Committee of Conference he appointed on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 161. The Speaker has appointed as a committee on the part of the House on House Bill No. 161, the following members of the House, to-wit: :\Iessrs. Gross of Stephens, Swindle of Berrien, and Corbett of Atkinson. The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Groover, vVare, and Morgan of Troup- House Resolution No. 129-474a. A resolution for the relief and refund of tax paid by D. Yalovitz, doing business under the trade name of LaGrange Jewelry and Arms Company, and Hudson Hardware Company, a corporation. 940 JouRNAL oF THE SENATE, The following bill of the House was reached on the calendar and taken up for consideration: By Mr. Thomas of Chattooga- House Bill No. 196. A bill to be known as the "Revenue Act to Control Alcoholic Beverages and Liquors," to provide a tax on same in certain counties in this State, and for other purposes. The Committee on Temperance offered the following substitute .for House Bill No. 196: Committee Substitute for House Bill No. 196. A BILL To be entitled an Act to be known as "Revenue Act to Control Alcoholic Beverages and Liquors," to provide for the taxation legalization, control, manufacture, importation, distribution, sale and storage of alcoholic beverages and liquors, and to amend the present laws of Georgia in reference to same, to provide the method and manner of collecting said taxes, to authorize the Revenue Commission to make rules and regulations for the collecting of said taxes and for the controlling of the manufacture, sale and distribution of alcoholic beverages and liquors, to provide that this Act may be placed in operation in any county by a local option referendum in said county, to authorize counties and municipalities to levy license fees upon manufacturers, dealers and distributors in alcoholic beverages and liquors and to exercise police powers in the regulation thereof, to provide a separability clause, to provide for the enforcement of this Act, to provide for repeal of laws in conflict herewith, to prohibit the manufacture, sale or shipment of alcoholic beverages and liquors described in this Act into counties failing to adopt local option, to provide for the confiscation of all alcoholic beverages and liquors on which the taxes herein provided for have not been paid and the vehicles used in transporting same, to provide the method and manner of issuing licenses to manufacturers, dealers and distributors of intoxicating beverages and liquors, to provide penalties and punishment for the violation of the terms of this Act, to provide for a reduction in the State ad valorem tax and to provide WEDNESDAY, jANUARY 26, 1938. 941 for the levying of additional taxes by the County Commissioners or Ordinary, as the case may be, of each county for general purposes, 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. This Act shall be known as the" Revenue Tax Act to Control Alcoholic Beverages and Liquors." Sec. 2. That on and after the passage of this Act the official Code of Georgia, Title 58, be, and the same is hereby amended, by adding a new Section 58-124 which shall read as follows: "58-124.-The limitations and restrictions of this Chapter shall not apply to those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and controlling of alcoholic beverages and liquors as may be provided by the General Assembly." Sec. 3. That on and after the passage of this Act the Code of Georgia of 1933, Title 58, be, and the same is hereby amended by adding a new Section 58-305 which shall read as follows: "58-305.-Provided that nothing in Chapters 58-1, 58-2, and 58-3 of this Code shall apply in those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and controlling of alcoholic beverages and liquors. Sec. 4. The license hereinafter provided for and the tax levied on the manufacture, sale and distribution of distilled spirits and alcohol as authorized by this Act is hereby authorized only in those counties in which a majority of those voting at an election to be held for the purpose, vote in favor of taxing and controlling alcoholic beverages and liquors as hereinafter provided for. Upon a petition signed by at least twenty-five per cent. (25%) of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the Ordinary of any County, he shall call a special election to be held within thirty days from the filing of this petition and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. At such special election there shall be submitted to the voters of 942 JouRNAL OF THE SENATE, the county who are qualified to vote for members of the General Assembly the question of whether the manufacture, sale and distribution of alcoholic beverages and liquors in the county shall be permitted or prohibited. Such election shall be held according to the rules and regulations governing elections for members of the General Assembly, but shall not be held at the time of holding any other election (primary or general) in said county. The returns of the election held hereunder shall be made within three davs after the election to the Ordinarv who shall ascertain and im~ediately declare the result after the receipt of the returns. Those voting in said election for this Act to be put in force shall have printed or written on their ballots the words "For Taxing and Controlling Alcoholic Beverages and Liquors." Those voting against said Act being put into effect in said county shall have printed or written on their ballots the words "Against Taxing and Controlling Alcoholic Beverages and Liquors." If at such election a majority of the votes cast shall be in favor of taxing and controlling alcoholic beverages and liquors, the manufacture, possession, distribution and sale of such alcoholic beverages and liquors in such county shall be permitted in accordance with the provisions of this Act at the expiration of fifteen days from the declaration of the result. If at such election a majority of the votes cast shall be against the taxing and controlling of alcoholic beverages and liquors, the manufacture, distribution and sale of same in such county shall be prohibited as is now provided by law. ~o Ordinary shall call, nor shall any election provided for herein, be held within two years after the date of the declaration of the result by the Ordinary of the previous election for such purpose under this A.ct. Sec. 5. (a) The words "Spirituous Liquors," or "Distilled Spirits," mean any alcoholic beverage containing alcohol obtained bY distillation, mixed with water or other substance in solution, a~d includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called, to include fortified wines as defined by Federal Alcohol Administration, but nothing in this :\ct shall prohibit the sale of wines from natural fermentation of fruits, berries and other products. (b) The word "Alcohol" means the product of distillation WEDNESDAY, }ANUARY 26, 1938. 943 of any liquid, whether rectified or dilated, whatever may be the origin thereof, and shall include synthetic ethyl alcohol. (c) The word "Person" means and includes any individual, partnership, corporation, or association. (d) The word" Manufacturer" means any person engaged in manufacturing, distilling or rectifying or blending any alcoholic beverage, distilled spirits or alcohol. (e) The word "Wholesaler" or "Wholesale Distributor" means any person engaged in distribution or selling to retailers for the purpose of resale any of the distilled spirits or alcohol as defined in this Act. (f) The words "Retailer," or "Retail Distributor," mean any person engaged in selling at retail any distilled spirits or alcohol for beverage purposes in unbroken packages. Sec. 6. This Act shall be administered by the State Revenue Commission of Georgia. No employee of said Commission shall, directly or indirectly, have any interest, whatsoever, in manufacturing, selling, transporting, distributing, storing or otherwise dealing in alcoholic beverages, except in the performance of his official duties. Sec. 7. The State Revenue Commission of Georgia shall furnish warehouses or storage places in any county or counties wherein the sale of distilled spirits is legalized throughout the State as in its discretion it deems expedient for the purpose of furnishing ample storage space for the products of all manufacturers or distillers. The State Revenue Commission shall charge a rental on each square foot of floor space, at a rate to be determined by the State Revenue Commission which rate shall apply at the same rate per square foot for all manufacturers or distillers. The distilled spirits so stored in said state warehouses shall be taxed and the stamp provided for herein affixed before any of said distilled spirits shall be permitted to be taken from said warehouses. The State Revenue Commission is hereby authorized and empowered to lease suitable storage places for the conducting of said warehouse business and shall operate and supervise said 944 JouRNAL oF THE SENATE, warehouses with State employees who shall be charged with the collection of the State tax herein provided and the rental accruing from such storage place. Said State employees shall give bond in the sum of Ten Thousand ($10,000.00) Dollars. Said State Warehouses shall neither deliver nor consign nor permit to be delivered or to be consigned any of the spirituous liquors stored therein to any person, firm, or corporation other than a legally licensed and qualified dealer as defined under the terms of this Act. It shall be unlawful for any person, firm, or corporation either as an individual, wholesaler, or retailer to accept delivery or shipment of spirituous liquors intended for sale except through said State Warehouses and upon conviction in a court of competent jurisdiction shall be punished as for a misdemeanor. It shall be unlawful and a misdemeanor for any private, contract, or common carrier to transport any alcoholic beverages or liquors intended for sale in this State except for delivery to a State \Yarehouse provided for in this Section, unless the tax on said alcoholic beverages or liquors has been paid and the evidence thereof attached to the container as provided herein. Any vehicle so used shall be subject to confiscation upon declaration being filed for the purpose by any Solicitor of any City Court, or Solicitor-General, in this State, having jurisdiction thereof, under the rules of law now governing the confiscation and condemnation of vehicles used in transporting liquors. Sec. 8. The State Revenue Commission shall have the followmg powers: (a) To try any of its employees and to punish them as provided for in Section 6, if found guilty. (b) To issue or refuse to issue any license provided for by this Act; to refuse to issue any license under this Act to any person, firm or corporation which is known to the Commission to have heretofore been engaged in the illegal sale of distilled spirits and alcohol. (c) To revoke, suspend, or cancel for cause after hearing any license issued by it under authority of this Act. WEDNESDAY, jANUARY 26, 1938. 945 (d) To provide forms for application for licenses and of all reports which it deems necessary administering the same. (e) To fix standards not in conflict with those prescribed by the laws of this State and of the United States. (f) To issue rules and regulations governing all advertising within this State of distilled spirits. (g) To issue rules and regulations not inconsistent with the Federal laws of regulations requiring informative labeling of all distilled spirits offered for sale hereunder. (h) To adopt and promulgate, repeal and amend such rules, regulations, standards, requirements and orders not inconsistent with this Act or any law of this State or of the United States as it may deem necessary to control the manufacture, sale, distri- bution, storage, or transportation of distilled spirits and alcohol in accordance with the provisions of this Act, and the conditions under which same may be withdrawn from said warehouses and distributed. (i) The State Revenue Commission shall on the first day of January of each and every year after this Act goes into effect, prepare a detailed report of its operations, which shall be submitted to the Governor of this State; and also to each member of the General Assembly upon the convening thereof in regular sesswn. (j) Agents and inspectors appointed by the State Revenue Commission for the enforcement of this Act are hereby empowered and authorized to enter upon the premises of any person engaged in the manufacture, sale, distribution, storage or transportation of alcoholic beverages and liquors at any time for the purpose of inspecting said premises and shall have access during such inspection to all books, records and supplies relating to the manufacture, sale, distribution, storage and transportation of alcoholic beverages and liquors. Sec. 9. Licenses which may be issued under authority of this Act shall be as follows: (a) MANUFACTURERS: A Manufacturer's license shall authorize the holder thereof to operate a distiller for the production 946 JouRNAL oF THE SENATE, of alcohol or distilled spirits at the premises designated in the license. Such license shall authorize the sale of distilled spirits or alcohol in bulk to other distillers or rectifiers and shall require that sales to holders of Wholesaler licenses shall be in sealed containers. The annual fee for this license shall be One Thousand ($1,000.00) Dollars, which sum may be reduced to one-half for a license issued on and after August 1st of each year. Said licenses shall be obtained each year on or before the first day of January. (b) WHOLESALERS: A Wholesaler's license shall authorize the holder to engage in the sale of distilled spirits at wholesale, by selling to the holder of a Wholesale license or to the holder of a Retail license for the purpose of resale. Said license fee shall be Five Hundred Dollars ($500.00) annually, which may be reduced to one-half for licenses issued on and after August 1st of each year. Said licenses shall be renewed annually on or before the first day of January. (c) RETAILERS: A Retailer's license shall authorize the holder to sell only in the original and unbroken package or packages, which package or packages shall contain not less than one-half pint of distilled spirits or alcoholic beverages each, and shall not permit the breaking of said package or packages on the premises where sold, and shall not permit the drinking of the contents of said package or packages on the premises where sold. All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued. Nothing in this Act shall be construed from preventing any municipality or county from adopting all reasonable rules and regulations as may fall within the police powers of such municipalities or counties to regulate any business provided for in this Act. All municipal and county authorities issuing licenses shall within their respective jurisdiction have authority to determine the location of any distillery, wholesale business, or retail business licensed by them. Provided, however, no business license under this Act shall be operated within one hundred yards of any church, school-ground or college campus. The school-grounds or college campuses referred to in this paragraph shall apply only WEDNESDAY, jANUARY 26, 1938. 947 to State, County, City or Church school campuses and to such other schools as teach the subjects commonly taught in the common schools of this State. Fifty Dollars ($50.00) shall be the annual fee for a State Retailer's license, which fee may be reduced to one-half for licenses issued on and after August 1st of each year. Said retailer's license shall be obtained annually on or before the first day of January of each year. (d) No license shall be granted by the Revenue Commission until the applicant has exhibited a license granted by the municipality, if the place of business to be conducted is within the corporate limits of a municipality, or by the governing authorities of the County where the place of business to be conducted is located, if such place of business is outside the corporate limits of a town or city. The annual licenses to .be charged by a municipality or county shall not be less than One Thousand Dollars (Sl,OOO.OO) for manufacturers, Five Hundred Dollars ($500.00) for wholesalers, and Two Hundred and Fifty Dollars (S250.00) for retailers. (e) All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued. (f) Said Revenue Commission is hereby authorized to issue to Commercial Growers of peaches, apples, pears, grapes and other perishable fruits grown in Georgia a license authorizing such growers to manufacture and distill liquors defined by this :\ct from such perishable fruits in the county or counties where such fruits are grown, for which permit said growers shall pay to the Revenue Commission an annual license fee of Five Hundred Dollars ($500.00). Provided, that any such liquors distilled or manufactured in any county where the liquors herein named are not to be sold under the terms of this Act, such licensee shall immediately store such liquors in a warehouse, or warehouses, designated by said Revenue Commission to be sold or disposed of under the supervision of said Commission in States or Counties permitting the legal sale thereof. And provided further that it shall be unlawful for such licensee to sell or dispose of any such liquors in any county or counties wherein the sale of such liquors 948 JouRNAL oF THE SENATE, are forbidden by the terms of this Act, or to sell to any one not holding a wholesale or retail license granted under the terms of this Act. Sec. 10. 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 Thousand ($10,000.00) Dollars; WholesalersFive Thousand ($5,000.00) Dollars; Retailers-Twenty-five Hundred ($2500.00) Dollars; said bonds to be approved by the Revenue Commission and shall be executed on forms as may be prescribed by said Commission. Said bonds shall be of form prescribed by the State Revenue Commission and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alcohol, and such other conditions as the State Revenue Commission may require in its rules and regulations. Sec. 11. There shall be levied and collected on all distilled spirits imported into the State of Georgia a tax of One Dollar ($1.00) per wine gallon, and on all alcohol imported into the State of Georgia a tax of Two Dollars ($2.00) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. There shall be levied and collected on all distilled spirits manufactured in the State of Georgia from Georgia grown products, a tax of Fifty Cents ($0.50) per wine gallon, and on all alcohol manufactured in the State of Georgia not from Georgia grown products, a tax of One Dollar ($1.00) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. On liquors exported beyond the limits of this State, there shall be a tax of fifteen cents (15) per wine gallon. Taxes shall be collected in the following manner: The State Revenue Commission shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this Act, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper WEDNESDAY, jANUARY 26, 1938. 949 or in a manner as may be prescribed by the Revenue Commission. Every manufacturer or wholesaler before shipment or delivery to a retailer shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. The State Revenue Commission may in its discretion replace mutilated stamps when fully satisfied that said stamps have not been used. The Revenue Commission shall be authorized in its discretion to permit importation of distilled spirits or alcohol into any county where the manufacture and sale of the same has been legalized, by permitting the same to be shipped to a state warehouse or warehouses and there stored without the payment of tax, provided for herein, but such rules or regulations shall provide for the collection of all taxes due on distilled spirits or alcohol as it is withdrawn from the state warehouse and the tax stamps affixed thereon. (a) Each tax stamp upon being affixed to a bottle or other container of distilled spirits shall immediately be cancelled by the person engaged in said business by placing in ink across the face of said stamp in legible form the license number of said person. (b) The re-use of any stamp indicating payment of tax shall be unlawful. The counterfeiting or forging of any stamp shall be unlawful and any person guilty of committing either of said acts in this paragraph shall be guilty of a felony, and upon conviction be punished as for a forgery. (c) The possession of any distilled spirits or alcohol by any person which does not bear the tax stamps provided for herein shall be unlawful, and such distilled spirits or alcohol shall be subject to seizure by any peace officer, or agent of the Revenue Commission, and the offender shall be guilty of a misdemeanor and upon conviction shall be punished for such. Sec. 12. Any wines or other beverages made by fermentation, to which there has been added distilled spirits, and where the alcoholic content is more than fourteen (14%) per cent alcohol by volume, are hereby classed as liquor and their manufacture, sale and distribution are made subject to all the restrictions, penalties, and regulations as are imposed by this Act, on distilled spirits or alcohol, except taxes, but upon all such wines there 950 JouRNAL OF THE SENATE, shall be levied a tax of twenty-five (25) cents per wine gallon on such wines made exclusively from fruits, berries, grapes, and other products grown in Georgia, and on all such wines there shall be levied and collected a tax of fifty (50) cents per wine gallon where such wines are made from or contain ingredients made from products grown outside the State of Georgia. Such wines as are described in this section are commonly known as "fortified wines" and nothing in this Act shall be construed to regulate the sale of wines made from natural fermentation of fruits, grapes, and berries containing an alcoholic content of not more than fourteen (14%) per cent alcohol by volume. Sec. 13. The provisions of this Act shall not apply to ethyl alcohol, intended for use and/or used for the following purposes: (a) For scientific, chemical, mechanical, industrial, medicinal and culinary purposes. (b) For use by those authorized to procure the same tax-free, as provided by the Act of Congress and regulations promulgated thereunder. (c) In the manufacture of denatured alcohol produced and used as provided by the Acts of Congress and regulations promulgated thereunder. (d) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and industrial preparations or products, unfit for beverage purposes. (e) In the manufacture of flavoring extracts and syrups, unfit for beverage purposes. Sec. 14. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. Sec. 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any minor, to any person who is noticeably intoxicated, or to any habitual WEDNESDAY, jANUARY 26, 1938. 951 drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor. That no female shall be allowed to work in any liquor store as hostess, bar maid or in any manner whatsoever. Sec. 16. It shall be unlawful for any manufacturer, wholesaler, or retail distributor, or any person to ship or transport by any means whatsoever any of the distilled spirits or alcohol into any county, in which county the manufacture, distribution and sale of such distilled spirits or alcohol has not been authorized under the terms of this Act or its amendments; provided however, nothing herein contained shall prevent any manufacturer, wholesale or retail distributor from shipping or transporting said liquors through such counties or municipalities where the destination of such liquors is beyond the limits of such county. Any person guilty of violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Sec. 17. That it shall be unlawful for any person, firm or corporation to sell, possess, conceal, store, convey any vinous, malt, or spirituous liquors or beverages whereon any tax or license fee is imposed by this Act, and upon which such tax or license fee has not been paid; and any peace officer or agent of the State Revenue Commission shall have the authority and it shall be his duty to declare contraband any distilled spirits or alcohol which does not bear the revenue stamps of the State of Georgia, or that is found, whether for sale or otherwise, in any county, in the State of Georgia where the sale of such distilled spirits and alcohol is not authorized under the terms of this Act or its amendments; all contraband liquors, distilled spirits or alcohol, seized as contraband, shall be immediately delivered to the State Revenue Commission, or persons designated by the Commission to receive the same, and by them either destroyed or sold at public sale, under such rules and regulations as the Commission shall hereafter adopt, and the proceeds of such sale retained by the Commission and paid over to the lawful authority to receive revenue from the sale of liquor; but nothing in this Act shall prohibit the other law enforcement agents and officers of this State from seiZing and prosecuting persons illegally possessing any distilled 952 JouRNAL,OF THE SENATE, spirits and alcohol in counties in the State of Georgia where the sale of same has not been authorized by this Act or its amendments. The authority to seize as contraband distilled spirits and alcohol as set out herein, shall extend to counties where the sale and possession of the same is made legal by this Act or any of its amendments where such liquors, distilled spirits or alcohol are sold contrary to the provisions hereof or found in possession of any person, firm or corporation, and not bearing the prescribed stamps showing taxes paid thereon in the State of Georgia. The Revenue Commission, or its agents, are also authorized, and it shall be their dutv to secure warrants or other form of criminal process against ~ll offenders in counties where the sale of distilled spirits and alcohol is not authorized under the terms of this Act, and in counties where the sale of distilled spirits and alcohol is authorized under the terms of this Act but where the same is being sold contrary to the provisions hereof, and the Bevenue Commission, or its agents, are authorized, and it shall be their duty to prosecute such offenders. Sec. 18. It shall be unlawful for any person, firm or corporation, to distill, manufacture, or make any distilled spirits, alcohol, or mixed liquors or beverages any part of which is a product of distillation, otherwise than permitted in this Act, and anyone so doing shall be guilty of a felony and upon conviction thereof shall be punished by confinement and labor in the penitentiary for not less than one year and not more than five years. Any apparatus or article so used in the distillation or manufacture of any liquors or beverages named in this section is hereby declared contraband and shall be destroyed by the officer or officers seizing same. Sec. 19. Nothing in this Act contained shall be construed as giving any persons a right to sell spirituous liquors as herein defined, but the manufacture, sale and distribution of spirituous liquors is declared to be a privilege in this State and not a right. Sec. 20. Whoever violates any of the provisions of this Act for which no specific penalty is provided, or any of the rules and regulations issued under authority of this Act, and in accord with the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor. WEDNESDAY, }ANUARY 26, 1938. 953 Sec. 21. Whoever sells, shall give away to induce trade or for the purpose of evading the provisions of this Act, furnishes or provides any spirituous, distilled liquors, or intoxicating liquors and alcoholic beverages such as are dealt with in this Act, other than in accordance with the provisions of this Act and the rules and regulations promulgated under the same, shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Sec. 22. There shall be no exception from the permit fees, license fees, and/or tax as provided by this Act in favor of any person whatsoever. Sec. 22-A. After the approval of this Act the Governor and the Comptroller-General shall not be authorized to levy more than three mills ad valorem in any on'e year of the general property tax in this State, and the County Commissioners or Ordinary, as the case may be, of each county in this State shall be and they are hereby authorized to levy an additional sum of two mills on the dollar for general county purposes, as they may see fit, in addition to all other taxes, which they are now by law authorized to levy for the support of the county governments. Sec. 23. Should any provision of this Act be held invalid, no other provision shall be affected thereby, and the remaining provisions shall continue in full force and effect. Sec. 24. Be it further enacted by the authority aforesaid, that no license or stamps shall be sold to any applicant or person, unless an application is filed accompanied by a certificate by the Ordinary of the County of such applicant's residence, certifying that said applicant has been a bona fide resident of said county for at least twelve months immediately preceding such application, and no stamps or license shall be sold to any person who has not been a resident for the last twelve months immediately preceding such sale, or a county in which liquor may be legally sold under this Act. It is the purpose and intention of this section to prevent the sale of liquor in any county other than those counties in which liquor may be legally sold under this Act. Sec. 25. Be it further enacted by the authority aforesaid, that no member of the General Assembly shall be eligible for employ- 954 JouRNAL oF THE SENATE, ment under any office or job created by this Act during the term of office for which he is elected; and this provision shall apply to legislators elected in the future as well as those now elected. Sec. 26. No alcoholic beverages shall be sold by any licensee under this Act that does not fully meet all Federal requirements as to the quality or purity, as represented by the label, or does not meet such standards as may be adopted by the proper State Agency enforcing this Act. Sec. 27. Any person found in possession or control of any spirituous, vinous or alcoholic liquor, in any county of this State (except such counties in which liquor may be legally sold or transported under the terms of this Act) shall be guilty of a misdemeanor, and upon conviction, punishable as in cases of misdemeanors. The fact that such person may have a license or liquor stamps shall be no defense in such prosecutions, where said liquor is carried into a county to which the terms of this Act do not apply, and wherein liquor is not legalized under the terms of this Act. It is the purpose and intent of this section to maintain the present prohibition law against liquor and alcoholic beverages in those counties of this State not specially exempted from the provisions of the prohibition law under this Act; and to provide for the trial and conviction of persons guilty of selling or possessing such liquor in such counties, as is now provided by law unless exception is made herein, prior to the passage of this Act; and it is for the purpose and intent of this section to provide that the prohibition law is not repealed in Georgia, except in the counties which have by a majority vote voted this Act into operation. Sec. 28. It shall be unlawful to sell any liquor in any of the counties specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night, at any time. It is the purpose and intent of this section to prevent the sale of liquor on the Sabbath, and any violation of same shall be a misdemeanor, by the buyer and/or the seller. Sec. 29. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. WEDNESDAY, jANUARY 26, 1938. 955 Senator Millican of the 52nd District asked unanimous consent that House Bill No. 196 and the committee substitute therefor be considered section by section and the consent was granted. The following amendments to committee substitute for House Bill No. 196 were read and adopted: By Senators Atkinson of the 1st District and Neely of the 36th District: To amend Section 1 by i~serting before the word" control" in the first line the words "legalize and." By Senator Millican of the 52nd District: To amend Section 2 by striking the word" controlling" in line 7 and inserting in lieu thereof the words "legalizing and controlling." By Senators Neely of the 36th District and Atkinson of the 1st District: To amend Section 3 by adding at the end of said section the following: "as provided in this Act." By Senator Millican of the 52nd District: To amend Section 3 by striking the word" controlling" in line 7 and inserting in lieu thereof the words "legalizing and controlling." Senator Harrison of the 17th District offered the following amendment to the committee substitute for House Bill No. 196: To amend Senate Committee Substitute for House Bill No. 196, Section 3, by adding a section thereto to be numbered appropriately, and to read as follows: "Section 3-B. Referendum. It shall not be legal to hold any election in the several counties of this State as provided for in this Act, until a special election has been held as provided in this section. A special election is hereby called to be held in every county of this State on the 8th day of March, 1938, under the same rules and regulations as apply to elections for members of the General Assembly. The voters list 956 JouRNAL OF THE SENATE, used in such election shall be the registered voters list used in the last General F;lection. At such special elections there shall be submitted the ratification or rejection of this Act. "The ballots shall have written or printed thereon 'for local option,' and the words 'against local option.' Those desiring to vote in favor of the ratification of this Act shall strike out the words 'against local option,' and those desiring to vote against ratification of this Act shall strike out the words 'for local option.' The returns of said election shall be certified to the Secretary of State within five (5) days after said election, and no returns certified to the Secretary of State after the expiration of five (5) days from the time of the consolidation of the returns in the county, in which said returns originate shall neither be received, nor certified by the Secretary of State nor considered in determining result of said election. The Secretary of State shall immediately certify the number of votes for and against 'local option' to the Governor. If a majority of those voting at said election vote 'for local option,' the State voting as a whole the Governor shall by proclamation declare this Act as ratified by the people of the State of Georgia. If the State shall vote 'against local option,' the Governor shall declare this Act is not ratified, and no further election shall be held in the several counties. "The Governor is hereby directed and it is mandatory that immediately upon receiving the certified results of said election from the Secretary of State he shall issue his proclamation accordingly." The President introduced to the Senate Hon. S. L. Holland, member of the Florida State Senate from the 7th Senatorial District, who addressed the Senate briefly. Senator Millican of the 52nd District moved that the Senate insist upon its position on House Bill No. 161, known as the Rolling Store Tax Act, and that the President appoint a Committee of Conference on the part of the Senate to confer with a like committee from the House. The motion prevailed and the President appointed as a Committee of Conference the following members of the Senate, to-wit: WEDNESDAY, jANUARY 26, 1938. 957 Senators Millican of the 52nd District, Patten of the 6th District, and Sutton of the 47th District. The hour of 12:30 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. Senator Brock of the 37th District asked unanimous consent that House Bill No. 422 be immediately transmitted to the House and the consent was granted. Consideration of committee substitute for House Bill No. 196, the Harrison amendment to Section 3, thereto, was resumed. On the adoption of the amendment by Senator Harrison to Section 3, Senator Harrison moved the previous question and the motion prevailed. On the adoption of the amendment, Senator Harrison 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 Aultman Flynt Forrester Hampton Hardman Harrison Holmes Jackson Johnson Jones Kimbrough Millican Moye Patten Peterson Robinson Sammon Shannon Terrell Thrasher Walker Those voting in the negative were Senators: Atkinson Atwood Brock Burgin Burrell Chason Clements Ennis Griner Harrell Home Knabb Lindsay McCutchen Neely Peebles Phillips Pope Pruett Purdom Shedd Sikes Sutton Turner Whitehead Williams 958 JouRNAL oF THE SENATE, Verification of the roll call was dispensed with. The ayes were 23, the nays 26. The amendment by Senator Harrison of the 17th District was therefore lost. Not voting were: Senators Fowler of the 39th District and McKenzie of the 48th District. The following amendments to the committee substitute to House Bill No. 196 were read and adopted: By Senator Millican of the 52nd District: To amend Section 4 by striking the word "controlling" in line 24 and inserting in lieu thereof the words "legalizing and controlling" and further amend Section 4 by striking the word "controlling" in line 27 and inserting in lieu thereof the words "legalizing and controlling" and further amend Section 4 by striking the word "controlling" in line 34 and inserting in lieu thereof the words" legalizing and controlling." By Senator Millican of the 52nd District: To amend Section 4 by striking from lines 6 and 7 the words and figures "twenty-five per cent (25%)" and inserting in lieu thereof the words and figures" thirty-five per cent (35%)." By Senator Lindsay of the 34th District: To amend Section 5, subsection (d) and subsection (e) and subsection (f) of Section 5, by adding after the words "person" in each subsection the words" firm or corporation." By Senator Lindsay of the 34th District: To amend, including the caption, and all references in the bill which refer to the State Revenue Commission to make the same read" State Revenue Commissioner." By Senator Lindsay of the 34th District: To amend Section 7 by adding after the word" employees" on line 17 the following words: "having charge of collecting said tax or distributing said liquors," and by adding after the word WEDNESDAY, JANUARY 26, 1938. 959 "dollar" on line 18 of said section the words "each premmm of said bond to be paid by the State." By Senator Lindsay of the 34th District: To amend Section 7 by adding on line 27 before the word "shall" the following words "upon an accusation or an indictment charging such illegal acceptance." By Senator Lindsay of the 34th District: To amend Section 7 by striking the words, after the word "shall," "be unlawful and," and substituting in lieu thereof the word" constitute." By Senator Lindsay of the 34th District: To amend Section 7 by adding after the word "used" on line 33 the following words: "with the knowledge and consent of its owner." By Senator Lindsay of the 34th District: To amend Section 7 by adding at the end of said section the following words: "Provided, however, it shall be unlawful for bona fide claimants of such vehicles to file claim and replevy such property pending condemnation proceedings." By Senator McCutchen of the 43rd District: To amend Section 7, line 17 by adding after the word "give" the word "surety." Senator Terrell of the 19th District asked unanimous consent that when the Senate adjourn today that it stand adjourned until 9:30 o'clock tomorrow morning and the consent was granted. The following privilege resolution was read and adopted: By Senator Whitehead of the 30th District- A resolution extending the privileges of the floor to Han. Peyton Hawes, Sr. and Han. Peyton Hawes, Jr., prominent citizens of Elberton, Georgia. Senator Flynt of the 26th District moved that the Senate do now adjourn and the motion prevailed. The President announced that the Senate stood adjourned until tomorrow morning at 9:30 o'clock. 960 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., THURSDAY, JANUARY 27, 1938. 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 Harrison of the 17th 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 Senator Purdom of the 46th District- Senate Resolution No. 60. A resolution limiting the privileges of the Senate floor during the debate on House Bill No. 196 to only those entitled to same under the rules of the Senate, and for other purposes. 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 Pope of the 7th District asked unanimous consent that the Senate recess today at 12:30 o'clock P. l\1., to reconvene at 1:30 o'clock P. l\1., for an afternoon session. The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit: THURSDAY, JANUARY 27, 1938. 961 By Senator Williams of the 5th District- Senate Resolution No. 43. A resolution urging full appropriation of federal funds now authorized by law for forest fire protection, and for other purposes. The House has agreed to the Senate amendments to the following bills of the House, to-wit: By Mr. Jones of Elbert- House Bill No. 54. A bill to be entitled an Act to regulate the business of Industrial Life Insurance Companies in the State of Georgia, and for other purposes. By Mr. Harrison of Crawford- House Bill No. 202. A bill to be entitled an Act to amend an Act to enable the State Highway Department to carry out the provisions of an amendment to the Constitution, and for other purposes. By Mr. Middleton of Dade- House Bill No. 317. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the System of State Aid Roads, and for other purposes. By Mr. Hodges of Liberty- House Bill No. 387. A bill to be entitled an Act to abolish the office of Tax Collector of Liberty County, Georgia, to create in lieu thereof the office of Tax Commissioner of Liberty County, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: The House has passed by the requisite constitutional majority the following bills and/or resolutions of the House, to-wit: By Messrs. Dampier and Larsen of Laurens- House Resolution No. 59-297a. A resolution relieving R. L. Tindol of surety on a certain bond in the sum of ($200.00), and for other purposes. 962 JouRNAL oF THE SENATE, By Mr. Musgrove of Clinch- House Resolution No. 137-503a. A resolution authorizing the County Commissioners of Clinch County to pay a certain sum of money to the widow of Deputy Sheriff Carey Thomas. By Messrs. Harris and Lanier of Richmond- House Resolution No. 138-504a. A resolution to relieve Thomas L. Clary of Richmond County, Georgia, as surety on a bond, and for other purposes. By Messrs. Lanier of Richmond, Harvey of Upson, and Harrell of Brooks- House Bill No. 221. A bill to be entitled an Act to amend Section 1 of the Chain Store Tax Act, approved March 27, 1937, and for other purposes. By Messrs. Ennis of Baldwin and Lanier of Richmond- House Bill No. 278. A bill to be entitled an Act to amend the General Appropriations Act for the two years ending June 30, 1939, (Georgia Laws 1937, pp. 54-72), by adding a new section after Section 28 numbered 28-A, exempting the revenue derived from the Chain Store Tax Act of 1937 from the provisions of Section 28, which section suspends allocated revenues where fixed sum appropriations are made, and for other purposes. By Mr. Swindle of Berrien- House Bill No. 463. A bill to be entitled an Act to amend the Constitution of Georgia so as to permit the Beaverdam School District to incur a bonded indebtedness, and for other purposes. By Mr. Adams of Franklin- House Bill No. 489. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage to the System of State Aid Roads in Franklin County, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 497. A bill to be entitled an Act changing the term of the Superior Court in Bryan County, Georgia; to pro- THURSDAY, JANUARY 27, 1938. 963 vide that said terms shall be on the 3rd Monday in March and the 1st Monday in November of each year; and for other purposes. By Messrs. Batchelor of Putnam and Key of Jasper- House Bill No. 499. 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 Mr. McCracken of Jefferson- House Bill No. 500. A bill to be entitled an Act to amend the Highway Mileage Act by adding certain mileage to the System of State Aid Roads, and for other purposes. By Messrs. Lanham, Davis, and Keel of Floyd- House Bill No. 501. A bill to be entitled an Act to provide for the compensation of and payment to clerks of the Superior Court, and for other purposes. By Messrs. Parker and Barlow of Colquitt- House Bill No. 503. A bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, Georgia, and for other purposes. By Mr. Cogdell of Glynn- House Bill No. 505. A bill to be entitled an Act to provide for holding three regular terms a year of the Superior Court of Glynn County, and for other purposes. By Mr. Brooks of Jackson- House Bill No. 509. A bill to be entitled an Act authorizing the City of Jefferson 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 a bonded indebtedness, and for other purposes. 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. 349. A bill to be entitled an Act creating a new charter for the City of Atlanta, and for other purposes. 964 JouRNAL oF THE SENATE, The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Perry of Worth and Sabados of Dougherty- House Resolution No. 152. A resolution extending the time for purchasing tags for motor vehicles and driver's licenses for 1938, until February 15, 1938, and for other purposes. Senator Terrell of the 19th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have examined Senate Bill No. 28 and find same ready for transmission to the Governor. Respectfully submitted, TERRELL, Chairman. Consideration of the committee substitute for the following bill of the House, which was carried over as unfinished business of yesterday's session, was resumed. By Mr. Thomas of Chattooga- House Bill No. 196. A bill to be known as the "Revenue Act to Control Alcoholic Beverages and Liquors," to provide a tax on same in certain counties in this State, and for other purposes. The following amendments to committee substitute for House Bill No. 196 were read and adopted: By Senator Robinson of the 13th District: To amend Section 8 by striking the word "suspend" in the 8th line of said Section and striking the colon at the end of line 1 and adding in lieu thereof the following words "and duties." By Senator Robinson of the 13th District: To amend Section 8 by adding subparagraph (k) following subparagraph (j), said subparagraph (k) to read as follows: "It is hereby made the duty of the Revenue Commissioner to revoke or cancel any license issued to any manufacturer, wholesaler, wholesale distributor, retailer or retail distributor for any wilful viola- THURSDAY, jANUARY 27, 1938. 965 tion of any of the provisions of this Act or for the wilful violation of any rule promulgated by the Revenue Commissioner under the terms and provisions of this Act, and after revocation or cancellation, there shall be no renewal or reissuance of said license for a period of two years from the date of revocation or cancellation." By Senator Lindsay of the 34th District: To amend Section 8 as follows: By striking the word "punish" on line 2 and substituting therefor the word "dismiss." By Senator Lindsay of the 34th District: To amend Section 8 by striking subparagraph (b) in its entirety and substituting in lieu thereof the following: "(b) To issue licenses provided for in this Act and to decline to issue any license to any person or corporation who in his reasonable discretion are not proper persons to have such permits." By Senator Millican of the 52nd District: To amend Section 8 by adding at the end of subsection (b) as amended the following: "Any person, firm or corporation who after securing a permit as provided in this Act shall be convicted in a court of competent jurisdiction of selling or serving spirituous liquors on the premises in unbroken packages of any size shall immediately have their license revoked and it shall be mandatory on said State Revenue Commissioner to revoke said license." By Senator Lindsay of the 34th District: To amend Section 8, subparagraph (d) by adding after the word "necessary" on line 11 the word "in." By Senator Lindsay of the 34th District: To amend Section 8 by transposing the words on line 15 "of distilled spirits" from the end of line 15 to immediately follow the word "advertising" at the end of line 14. By Senator Millican of the 52nd District: To amend Section 9, subsection (b) lines 16, 17, 1(by striking 966 JouRNAL oF THE SENATE, the language "Said license fee shall be Five Hundred Dollars ($500.00) annually, which may be reduced to one-half for licenses issued on and after August 1st of each year" and inserting in lieu thereof the following "Said license fee shall be One Thousand Dollars ($1,000.00) annually." Senator Robinson of the 13th District offered the following amendment to the committee substitute for House Bill No. 196: To amend by adding the following section to be known as Section 8-A, to-wit: "It is hereby expressly provided that in the event the Revenue Commissioner fails and refuses to revoke or cancel the license referred to in Paragraph (k), of Section 8, for reasons therein stated, a mandamus will lie, requiring said Commissioner to revoke or cancel said licenses -and the petition for the writ may be brought in the name of any citizen of the State of Georgia." On the adoption of the amendment, the ayes were 17, the nays 18, and the amendment was lost. Senator Robinson of the 13th District moved that the Senate reconsider its action in defeating the above amendment providing for Section 8-A. On the motion by Senator Robinson, 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 Aultman Flynt Forrester Hampton Hardman Harrison Holmes Johnson Jones Kimbrough Millican Moye Peterson Pruett Robinson Thrasher Walker Whitehead Those voting in the negative were Senators: Atkinson Atwood Brock Burgin Burrell Chason Clements Ennis Fowler THURSDAY, JANUARY 27, 1938. 967 Griner Harrell Horne Jackson Knabb Lindsay Neely Patten Peebles Phillips Pope Purdom Sammon Shannon Shedd Sikes Terrell Turner Williams Verification of the roll call was dispensed with. The ayes were 20, the nays 28. The motion by Senator Robinson that the Senate reconsider its action in defeating his amendment providing for Section 8-A was therefore lost. Not voting were: Senators McCutchen of the 43rd District, McKenzie of the 48th District, and Sutton of the 47th District. The following amendments to the committee substitute for House Bill No. 196 were read and adopted: By Senator Millican of the 52nd District: To amend Section 9, subsection (c) by adding at the end of line 26 the following: "It shall be unlawful for any Retailer as defined in this Act to allow or permit the breaking of said package or packages on the premises where sold or to allow or permit the drinking of the contents of said package or packages on the premises where sold and any violation thereof shall be a misdemeanor and the offender thereofshall be guilty of a misdemeanor, and upon conviction, be punished as for a misdemeanor." By Senators Williams of the 5th District and Burgin of the 24th District- To amend Section 9 by adding after the words "college campus" in line 38 the following: "except hotels of fifty (50) rooms or more, which have been in continuance operation for a period of at least five years immediately preceding the passage of this Act." On the adoption of the amendment by Senators Williams and Burgin, 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: 968 JOURNAL OF THE SENATE, Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Brock Burgin Burrell Chason Clements Ennis FlYnt Forrester Griner Harrell Home Johnson Knabb Lindsay McCutchen Millican NeelY Patten Peebles Peterson Pbillips Pope Purdom Robinson Shannon Shedd Sikes Sutton Terrell Turner Williams Those voting in the negative were Senators: Aultman Hampton Hardman Harrison Holmes Jones Kimbrough Moye Pruett Sammon Walker Whitehead Verification of the roll call was dispensed with. The ayes were 35, the nays 12. The amendment by Senators Williams and Burgin was therefore adopted. Not voting were: Senators Fowler of the 39th District, Jackson of the 14th District, McKenzie of the 48th District, and Thrasher of the 27th District. By Senator Shedd of the 3rd District- To amend Section 9, subsection (d), line 52 by striking the period after the word "City" and substituting a comma, and adding thereafter the following: "and the local authority issuing this license shall have full authority to pass on the character, reliability and other qualities of fitness before issuing such license." By Senator Millican of the 52nd District: To amend Section 9 by adding at the end of line 55 the following: "and nothing in this bill shall restrict the maximum amount to be charged or levied by counties or municipalities for licenses issued or granted to wholesalers, manufacturers or re- THURSDAY, JANUARY 27, 1938. 969 tailers as defined in this Act. It is the purpose and intent of this paragraph to place no maximum limit or maximum amount that can be charged by municipalities or counties and if any county or municipality now have a charter provision limiting the amount of license that can be charged upon any business such limitation shall not apply to licenses issued or granted under this Act." By Senators Atkinson of the 1st District and Neely of the 36th District: To amend Section 9, paragraph (f) by striking line 62 et seq. the following words: "in the county or counties where such fruits are grown." and inserting in lieu thereof the following "grown in this State." By Senators Atkinson of the 1st District and Neely of the 36th District: To amend Section 9, subsection (f) by adding at the end thereof the following words: "Provided, however, that no manufacturers license shall be issued for the manufacture of distilled spirits in any County of this State that has not voted in favor of the taxation and control of alcoholic beverages and liquors as herein provided." By Senator Lindsay of the 34th District: To amend Section 9 by striking the word "from" on line 30, and inserting in lieu thereof the word "as." By Senator Lindsay of the 34th District: To amend Section 9, subsection (c) by adding after the word "schools" on line 41 the words "and colleges." By Senator Lindsay of the 34th District: To amend Section 9, subparagraph (f) by striking the word "commercial" on line 60. By Senator Millican of the 52nd District: To amend Section 9 in line 38 after the word "church" the words "and 200 yards of a." 970 JouRNAL OF THE SENATE, By Senator Millican of the 52nd District: To amend Section 9 by striking the words and figures "Fifty Dollars ($50.00)" in line 42 and inserting in lieu thereof the words and figures "One Hundred Dollars ($100.00)." By Senator Millican of the 52nd District: To amend Section 9 by striking the words "which fee may be reduced to one-half for licenses issued on and after August 1st of each year" in lines 43 and 44. The hour of 12:30 o'clock P. M. having arrived 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. Senator Lindsay of the 34th District asked unanimous consent that the debate by each individual Senator on amendments be limited to 10 minutes on each amendment and the consent was granted. The following amendments to the committee substitute for House Bill No. 196 were read and adopted: By Senator Millican of the 52nd. District: To amend Section 9 by adding at the end of said section a new paragraph to be known as Paragraph (g), to-wit: "(g) Any municipality which maintains a district or zone known as 'inner fire limits' shall not be authorized to issue any retailers license outside of such inner fire limits and are authorized to limit and circumscribe the location of retailers within such inner fire limits." By Senator Robinson of the 13th District: To amend Section 9 by adding at the end of said section another paragraph known as Paragraph (g), to-wit: "All license fees referred to in this Section, shall be payable in advance." By Senator Allen of the 31st District: To amend Section 9 by adding a new paragraph to be num- THURSDAY, JANUARY 27, 1938. 971 bered (g) and to read as follows: "No licenses issued under the provisions of this Act shall be transferable without consent of Revenue Commissioner." By Senator Millican of the 52rrd District: To amend Section 9 by adding a new section to be known as Section 9-A and reading as follows: "(a) No person holding a license to deal in spirituous liquors as is herein defined shall display in any show window or other place visible from without said licensee's place of business any advertisement or information of the price or prices of any such spirituous liquors. (b) No person holding a license to deal in spirituous liquors as is herein defined shall display in any show window or other place visible from without said licensee's place of business any empty bottle or other empty container resembling or simulating the bottle or container in which such spirituous liquors are sold. Any person, firm or corporation violating any of the provisions of paragraphs (a) or (b) in this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor." By Senator Millican of the 52nd District: To amend Section 9 by adding a new section to be known as Section 9-B: "Section 9-B. In any County in this State where the provisions of this Act do not permit the sale of intoxicating liquors, as well as in the Counties where such sales are permitted by this Act, it shall be the duty of the respective Grand Juries to investigate at their regular or special sessions, the violation of the laws of this State prohibiting the illegal sale of intoxicating liquors and to further investigate the conduct of the Sheriffs of said Counties in enforcing the laws of this State relating to intoxicating liquors. In the event of any Grand Jury making a finding or presentment that the Sheriff of such County has knowingly failed or grossly neglected to enforce the laws of this State relating to the sale of intoxicating liquors, a certified copy of such finding or presentment shall be forwarded to the Governor, 972 JouRNAL OF THE SENATE, and it shall thereupon be his duty to remove said Sheriff from office, if after a public hearing he finds such facts to be true." By Senator Allen of the 31st District: To amend Sect?on 11, line 10 after the word "gallon" the following: "It is provided by the terms of this Act that every person or common or contract carrier transporting distilled spirits, liquors and wines into the State of Georgia to immediately report same to State Revenue Commission, which report shall show the consignor and consignee, and quantity delivered and upon failure to comply with the terms herein said person or common or contract carrier its agents and employees shall be guilty of a misdemeanor and upon conviction thereof shall be so punished." By Senator Allen of the 31st District: To amend Section 11, page 10, line 21, after the word "tax" and before the words "The State Revenue Commission" the following sentence: "Every manufacturer, distiller, or wholesaler, who may sell, ship or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits or liquors stamps indicating the payment of the proper amount of tax thereon." By Senator Millican of the 52nd District: To amend Section 11, line 26 by striking the word "permitted" and inserting in lieu thereof the word "permitting," and by changing the word "its" to "his" in line 22 of printed bill. By Senator Lindsay of the 34th District: To amend Section 11 by striking the word "the" on line 29, and inserting in lieu thereof the word "such." By Senator Lindsay of the 34th District: To amend Section 11, paragraph (a) on line 31 by striking the word "stamps," and inserting in lieu thereof the word "stamp." By Senator Lindsay of the 34th District: THURSDAY, JANUARY 27, 1938. 973 To amend Section 11, subparagraph (b) by adding after the word "Acts," line 37 the word "forbidden." By Senator Lindsay of the 34th District: To amend Section 11, subsection (b) by striking the words "a felony" on line 38, and substituting in lieu thereof the words "forgery"; and by striking the word "for" on line 45 of Section (c) and substituting in lieu thereof the word "as." By Senator Millican of the 52nd District: To amend Section 11 by adding a new paragraph to be known as (d) and reading as follows: "(d) The sale or purchase of any distilled spirits or alcohol as defined in this Act by any person which does not bear the tax stamps provided for herein shall be unlawful, and the offender, buyer or seller, or both, shall be guilty of a misdemeanor and upon conviction shall be punished as such." By Senator Harrell of the 12th District: To amend Section 12 by striking from said Section, line 3 the words and figures: "fourteen (14%)" and inserting in lieu thereof the words and figures "Twenty-one (21 %)." By Senator Harrell of the 12th District: To amend Section 12, line 7 by adding after the word "wines" the words and figures "under 14% by volume;" and in line 9 after the word "wines" the word and figures "over 14%"; and in line 15, after the words "the sale of" the words "such," and after the word "wines" the words "or wines." By Senator Allen of the 31st District: To amend Section 14, line 2 by adding between the word "Sunday" and the word "shall" the following words: "or election days." By Senator Lindsay of the 34th District: To amend Section 14 by adding at the end thereof the follow-. mg: "as provided in Section 27-2506 of the Code of 1933." 974 JouRNAL oF THE SENATE, By Senator Millican of the 52nd District: To amend Section 16 by adding at the end of said section the following: "and furthermore upon conviction shall have his license revoked by the Revenue Commission and no other license shall be issued to such person, firm or corporation within a period of 12 months from the day same was revoked." By Senator Lindsay of the 34th District: To amend Section 17 by adding on line 8 after the word "found" the words "without such stamp." To further amend Section 18 as follows: By inserting after the word "than" on line 4 the word "as." By Senator Lindsay of the 34th District: To amend Sections 20 and 21 by adding at the end of said Sections the following words: "as provided in Section 27-2506 of the Civil Code of 1933." By Senator Lindsay of the 34th District: To amend Section 21 of said bill by striking the words "shall give" on line 1, and inserting in lieu thereof the words "or gives." By Senators Allen of the 31st District, Millican of the 52nd District, and Patten of the 6th District: To amend Section 22-A by striking it in its entirety. By Senator Lindsay of the 34th District: To amend Section 23 by inserting the following words at the beginning of said section: "Be it further enacted that each and every provision and section of this Act is hereby separately enacted and." Bv Senator Harrell of the 12th District: To amend by adding a new Section to be numbered Section 23-B and shall read as follows, to-wit: "Section 23-B. That from and after the passage of this Act it shall not be unlawful for any person to have and possess for use and not for sale, in any county in this State one quart of the THURSDAY, }ANUARY 27, 1938. 975 liquors and beverages described in this Act which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped, and this Section shall be construed to repeal any and all laws in conflict with this Section and Act as herein expressed." By Senator Lindsay of the 34th District: To amend Section 24, line 7 by adding after the word "resident" the words "of this State." By Senators Terrell of the 19th District and Pope of the 7th District: To amend Section 24 by adding to the end of line 1 of Section 24 the word "retail" and by adding the word "retail" just before the word "license" in line 6 of said section. Senator Jones of the 38th District moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning and the motion prevailed. The President announced that the Senate stood adjourned until tomorrow morning at 9:30 o'clock. 976 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., FRIDAY, jANUARY 28, 1938. 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 Millican of the 52nd 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 Harrell of the 12th District arose to a point of personal privilege. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: TheHousehas passed by the requisite constitutional majority, as amended, the following bill of the Senate, to-wit: By Senator Williams of the 5th District- Senate Bill No. 39. A bill to be entitled an Act authorizing certain counties to create and establish a retirement fund for teachers and employees of county and city school systems, and for other purposes. The House has agreed to the Senate amendments to the following bill of the House, to-wit: By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- FRIDAY, jANUARY 28, 1938. 977 House Bill No. 385. A bill to be entitled an Act to provide for the examination of Master Electricians in counties of a certain population, and for other purposes. 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. Key of Jasper- House Resolution No. 32-128e. A resolution to make appropriation for operations of the State Radio Commission as authorized by resolution approved March 30, 1937; also providing that no State Official shall use same for political purposes without paying for the time; and for other purposes. By Messrs. Hastings of Fulton, Harrell of Brooks, and others- House Resolution No. 71-311a. A resolution requesting the State Board of Regents to provide a course in criminology at the University of Georgia, and for other purposes. By Mr. Dugas of White- House Resolution No. 153. A resolution naming the new dormitory now under construction at the North Georgia College in honor of Professor John C. Barnes, familiarly known to all North Georgia College men and Georgians as Daddy Barnes, and for other purposes. By Senator Purdom of the 46th District- Senate Bill No. 123. A bill to be entitled an Act to amend the charter of the City of Blackshear, and for other purposes. By Messrs. Groover, Morgan, and Ware of Troup, Hodges of Liberty, and Sanders of Coweta- House Bill No. 194. A bill to be entitled an Act to provide for sales and distribution of license plates for motor vehicles in each county, and for other purposes. By Mr. Oden of Pierce- House Bill No. 512. A bill to be entitled an Act to provide for the payment of official bond premiums for the Tax Collector and Receiver of Pierce County, and for other purposes. 978 JouRNAL oF THE SENATE, By Mr. Moore of Haralson- House Bill No. 513. A bill to be entitled an Act to amend the charter of Bremen, Georgia, and for other purposes. The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Sutton of Wilkes, Parker of Colquitt, and Key of Jasper- House Resolution No. 157. A resolution requesting his Excellency, Hon. E. D. Rivers, the Governor of Georgia, be invited to address a joint Assembly of the House and Senate, Monday, January 31, 1938, at 11:00 o'clock A.M. His Excellency, the Governor, accompanied by Judge Marvin Underwood and Hon. Eric Underwood of London, England, were admitted to the Senate Chamber and were escorted to the President's stand whereupon the distinguished visitors were introduced to the Senate. Senator Atkinson of the 1st District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Unfinished business. 2. Introduction of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting on passage local uncontested Senate and House bills and resolutions. 6. First reading and reference of House bills and resolutions. 7. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. The following resolution of the Senate was read and adopted: FRIDAY, JANUARY 28, 1938. 979 By Senator Forrester of the 44th District- Senate Resolution No. 61. A resolution expressing the sympathy of the Senate to the widow of Hon. R. M. W. Glenn upon his untimely death. The following resolutions of the House were read and adopted: By Mr. Sutton of Wilkes and others- House Resolution No. 157. A resolution inviting His Excellency, the Governor, to address a joint session of the General Assembly on Monday, January 31, 1938. By Messrs. Sabados of Dougherty and Perry of Worth- House Resolution No. 152. A resolution extending the time for purchasing drivers' licenses and license tags until February 15, 1938. Consideration of the committee substitute for the following bill of the House, which was carried over as unfinished business of yesterday's session, was resumed: By Mr. Thomas of Chattooga- House Bill No. 196. A bill to be known as the "Revenue Act to Control Alcoholic Beverages and Liquors," to provide a tax on same in certain counties in this State, and for other purposes. Senator Millican of the 52nd District asked unanimous consent that the Senate reconsider its action in adopting the following amendment by Senator Millican to Section 9 as follows: "To amend Section 9 by adding at the end of said section a new paragraph to be known as Paragraph (g), to-wit: "(g) Any municipality which maintains a district zone known as 'inner fire limits' shall not be authorized to issue any retailers license outside of such inner fire limits and are authorized to limit and circumscribe the location of retailers within such inner fire limits." The consent was granted, and the action of the Senate in adopting the above amendment was reconsidered. Senators Atkinson of the 1st District and Terrell of the 19th 980 JouRNAL OF THE SENATE, District offered the following amendment to the committee substitute for House Bill No. 196: To amend Section 9 by adding in Section 9 to follow the Williams and Burgin amendment, the following: "The restrictions as to location herein contained shall not apply to private social clubs, owning their own homes, which have been chartered and in continuous operation for a period of 25 years prior to the passage of this Act." The amendment was adopted. The following amendments to committee substitute for House Bill No. 196 were read and adopted: By Senator Lindsay of the 34th District: To amend Section 27 by striking the word "any" on line 1 and inserting in lieu thereof the words "more than one quart of." By Senator Millican of the 52nd District: To amend Section 28 by adding at the end of line 4 "and at any time on election days." And by adding on line 6 after the word "Sunday" the words "and election days." By Senator Lindsay of the 34th District: To amend Section 28, line 6 by striking the words "the Sabbath" and substituting in lieu thereof the word "Sunday." By Senator Patten of the 6th District: To amend by adding a new section appropriately placed and numbered, to read as follows: "Any retail licensee wilfully and knowingly selling more than two quarts per day to any purchaser shall be guilty of a misdemeanor and shall be punished as for a misdemeanor, and in addition thereto shall be subject to the other penalties coming under the jurisdiction of the Revenue Commission, such as suspension and revocation of license and forfeiture of bond. Every retail licensee shall keep a register or book which shows the signature of every purchaser and the quantity purchased." FRIDAY, JANUARY 28, 1938. 981 By Senator Patten of the 6th District: To amend by adding a new section appropriately placed and numbered, to read as follows: "Prosecution for violation of the terms of this Act may be had upon accusation filed by the Solicitor of any criminal court, and it shall not be a condition precedent to such prosecution that the defendant has been indicted by Grand Jury." Senator Lindsay of the 34th District asked unanimous consent that the Secretary of the Senate and the Engrossing Committee of the Senate be authorized and instructed to draw such amendments to the caption of the committee substitute for House Bill No. 196 as necessary to make same comply with the amendments adopted to said hill. The consent was granted. The committee substitute, as amended, was adopted. The report of the committee, which was favorable to the passage of the hill, was agreed to. The hour of 12:30 o'clock P. M. having arrived 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. Senator Shannon of the 21st District asked unanimous consent that he be permitted to cast his vote on the passage of House Bill No. 196, by substitute, as amended, and retire. There was objection. Senator Shannon of the 21st District moved that he be permitted to cast his vote on the passage of House Bill No. 196, by substitute, as amended, and retire. Senator Robinson of the 13th District ~ade the point of order that the motion by Senator Shannon of the 21st District was out of order under the rules of the Senate. The president ruled that the motion by Senator Shannon of the 21st District was in order and the motion prevailed. Debate was resumed. 982 JouRNAL OF THE SENATE, Senator Atkinson of the 1st District moved the previous question on the passage of House Bill No. 196, by substitute, as amended, and the motion prevailed. The main question was ordered. The President ordered a roll call on the passage of House Bill No. 196, by substitute, as amended. The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Atkinson Atwood Brock Burgin Burrell Chason Clements Ennis Fowler Griner Hampton Harrell Horne Knabb Lindsay McCutchen Neely Patten Peebles Phillips Pope Purdom Sammon Shannon Shedd Sikes Williams Those voting in the negative were Senators: Allen Almand Aultman Flynt Forrester Hardman Harrison Holmes Jackson Johnson Jones Kimbrough Moye Peterson Pruett The roll call was verified. Robinson Sutton Terrell Thrasher Turner Walker Whitehead The ayes were 27, the nays 22. The bill having received the requisite constitutional majority was passed, by substitute, as amended. Not voting were: Senators McKenzie of the 48th District and Millican of the 52nd District. Senator Purdom of the 46th District moved that House Bill No. 196 be immediately transmitted to the House and the motion prevailed. FRIDAY, jANUARY 28, 1938. 983 The following resolution of the Senate was read and adopted: By Senators Pope of the 7th District, Atkinson of the 1st District, Millican of the 52nd District, and all other Senators- Senate Resolution No. 62. Whereas January 29, 1938, marks another milestone in the life of a great and distinguished Georgian, and Whereas this distinguished citizen of our State has endeared himself by his eminent fairness, his friendly attitude and his wise counsel to every member of this Senate, and to all others with whom he comes in contact, and Whereas under his wise and able leadership the Sessions of the Senate of the State of Georgia have accomplished much good and made great progress for Georgia and for humanity. Therefore; Be it Resolved by the Senate of the State of Georgia that as a token of our love, esteem and respect which we have for our President, Hon. John B. Spivey, we extend to him our best wishes upon his birthday and wish for him many more happy and pleasant birthdays in order that the State of Georgia may have the benefit of his wise counsel, his able leadership and his progressive ideals and principals for humanity. The following privilege resolution was read and adopted: By Senator Horne of the lOth District- A resolution extending the privileges of the floor to Hon. T. L. Smith of Albany, Georgia. Senator Purdom of the 46th District moved that the Senate do now adjourn to stand adjourned until Monday morning at 10:00 o'clock. The motion prevailed. The President announced that the Senate stood adjourned until Monday, January 31, 1938, at 10:00 o'clock A.M. 984 JouRNAL oF THE SENATE, SENATE CHAMBER, ATLANTA, GA., MoNDAY, JANUARY 31, 1938. 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. Frank Hudson of the Methodist Church of Atlanta, Georgia. Senator Burgin of the 24th 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 Terrell of the 19th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. MoNDAY, JANUARY 31, 1938. 985 The following message was received from the House through Joe Boone, 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 Senator Griner of the 45th District- Senate Bill No. 127. A bill to be entitled an Act to prohibit goats from running at large in the County of Telfair; to provide penalty for violation of this Act; and for other purposes. By Messrs. Phillips and Palmour of Hall, Booth of Barrow, Brooks and Wages of Jackson, McGehee of Dawson, and Lanham of Floyd- House Resolution No. 94-366b. A resolution naming and designating a certain highway in honor of Col. Sam Tate. By Mr. Bradley of Tattnall- House Resolution No. 131-480a. A resolution authorizing the State Librarian to furnish missing volumes of certain reports to the Clerk of the Superior Court of Tattnall County, and for other purposes. By Messrs. Leonard, Smith, and Elliott of Muscogee- House Bill No. 126. A bill to be entitled an Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes. By Mr. Larsen of Laurens- House Bill No. 508. A bill to be entitled an Act to amend the charter of the City of Dublin to provide for placing of all net profits from municipal water plant into sinking fund, and for other purposes. By Mr. Patten of Cook- House Bill No. 510. A bill to be entitled an Act to amend an Act entitled "An Act to abolish the offices of Tax Receiver and 986 JouRNAL oF THE SENATE, Tax Collector, and create the office of Tax Commissioner of Cook County," and for other purposes.. By Mr. Reid of Wilcox- House Bill No. 511. 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 Wilcox County," and for other purposes. By Mr. Brown of Greene- House Bill No. 516. A bill to be entitled an Act to amend an Act approved August 15, 1904 entitled an Act to Incorporate the City of Union Point in the County of Greene, and for other purposes. The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Shannon of the 21st District- Senate Bill No. 134.. A bill to amend the Act known as the "Factory for the Blind," and for other p~rposes. Referred to Committee on Academy for the Blind. By Senator Peterson of the 15th District- Senate Bill No. 135. A bill regulating banking in the State of Georgia with reference to the applications for renewals of charters, and for other purposes. Referred to Committee on Banks and Banking. By Senator Atkinson of the 1st District- Senate Bill No. 136. A bill permitting counties of a certain population and the cities located therein to regulate and control the conduct and operation of barbecue stands, road houses, dance halls within their respective limits, and for other purposes. Referred to Committee on Municipal Government. By Senator Millican of the 52nd District- Senate Bill No. 137. A bill amending an Act which established the Municipal Court of Atlanta, and for other purposes. Referred to Committee on Counties and County Matters. MoNDAY, JANUARY 31, 1938. 987 By Senator Allen of the 31st District- Senate Bill No. 138. A bill providing how application shall be made and disposed of where the homestead claimed exempt is located in more than one county and divided by county lines by amending the Act approved December 16, 1937, and for other purposes. Referred to Committee on General Judiciary No. 1. By Senator Jackson of the 14th District- Senate Bill No. 139. A bill abolishing the fee system of officers of counties of a certain population and providing for the payment of salaries to said officers, and for other purposes. Referred to Committee on Counties and County Matters. Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. President: Your Committee on Motor Vehicles have had under consider- ation the following bill of the Senate and have instructed me, as Chairman, to report the same back to thf Senate with the follow- ing recommendation: Senate Bill No. 132. Do pass. Respectfully submitted, SuTToN, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 490. Do pass. 988 JouRNAL OF THE SENATE, House Bill No. 485. Do pass. House Bill No. 491. Do pass. House Bill No. 481. Do pass. Respectfully submitted, PHILLIPS, 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 have had under consideration the following bill and resolution of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: Senate Bill No. 133. Do pass. House Resolution No. 132. Do pass. .Respectfully submitted, -~ PHILLIPS, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 482. Do pass. Respectfully submitted, PEEBLES, Chairman. Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: MoNDAY, JANUARY 31, 1938. 989 Mr. President: Your Committee on Finance have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 277. Do pass. Senate Bill No. 130. Do pass. Respectfully submitted, ENNis, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 496. Do pass. House Bill No. 498. 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: I Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senatewith the following recommendation: House Bill No. 431. Do pass. Respectfully submitted, JAcKsoN, Chairman. 990 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 493. Do pass. House Bill No. 495. Do pass, as amended. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 131. Do pass. Respectfully submitted, LINDSAY, Chairman. Senator Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 122. Do pass. Respectfully submitted, SHEDD, Chairman. MoNDAY, JANUARY 31, 1938. 991 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 296. Do not pass. House Bill No. 373. Do not pass. Respectfully submitted, JAcKSON, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 437. Do pass. House Bill No. 484. Do pass. Respectfully submitted, P A'ITEN, Chairman. Senator Harrison of the 17th District, Vice-Chairman of the Committee on Western and Atlantic Railroad, submitted the following report: Mr. President: Your Committee on Western and Atlantic Railroad have had under consideration the following bill of the Senate and have in- 992 JouRNAL oF THE SENATE, structed me, as Vice-Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 122. Do not pass. Respectfully submitted, Mr. President: HARRISON, Vice-Chairman. We, the undersigned members of the W. & A. Committee of the Senate to whom was referred Senate Bill No. 122, disagree with the majority of said committee and wish to recommend that said Senate Bill No. 122 do pass. Respectfully submitted, LINDSAY of the 34th District, CHASON of the 8th District. Senator Fowler of the 39th District asked unanimous consent that Senate Bills No. 81 and No. 82, local bills affecting the County of Douglas, be withdrawn from the further consideration of the Senate. 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 a second time, and recommitted to the Committee on Amendments to the Constitution: By Mr. Newby ofTwiggs- House Bill No. 369. A bill amending the Constitution so as to authorize the Trustees of Jeffersonville Consolidated School District to incur additional bonded indebtedness, and for other purposes. By Mr. Musgrove of Clinch- House Bill No. 382. A bill amending the Constitution so as to authorize the City of Homerville to refund a bonded indebtedness, and for other purposes. MoNDAY, jANUARY 31, 1938. 993 By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 448. A bill amending the Constitution so as to authorize Floyd County to levy an additional tax for High School purposes, and for other purposes. The consent was granted, the bills read a second time, and recommitted. Senator Lindsay of the 34th District moved that the Senate disagree to the House amendments to Senate Bill No. 49, known as the State Prison and Parole Commission Bill, and the motion prevailed. Senator Millican of the 52nd District moved that the Senate insist upon its position on House Bill No. 349, a local bill affecting the City of Atlanta, and that a Conference Committee he appointed by the President to confer with a like committee from the House. The motion prevailed and the President appointed as a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House the following members of the Senate, to-wit: Senators Millican of the 52nd District, Sutton of the 47th District, and Holmes of the 22nd District. Senator Terrell of the 19th District asked unanimous consent that the Conference Committee report on House Bill No. 27 be printed and furnished to members of the Senate and the consent was granted. Senator Sutton of the 47th District asked unanimous consent that Senate Resolution No. 59, a resolution extending the time to he allowed for purchasing automobile license tags and drivers' licenses, he withdrawn from the further consideration of the Senate and the consent was granted. The following bills of the House, favorably reported bv the committees, were read the second time: 994 JouRNAL oF THE SENATE, By Messrs. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham- House Bill No. 122. A bill to levy an additional tax on commercial fishing boats belonging to aliens or non-residents of Georgia, and for other purposes. By Mr. Ennis of Baldwin- House Bill No. 277. A bill amending the Chain Store Act of 1937 by making a specific appropriation of funds derived therefrom for the purpose of repairing the eleemosynary institutions, and for other purposes. By Mr. Field of Whitfield- House Bill No. 431. A bill amending Sections 92-6911 of the Code with reference to Tax Assessments in certain counties, and for other purposes. By Mr. McGraw of Meriwether- House Bill No. 437. A bill providing for the compensation of members of the Board of Education in certain counties, and for other purposes. By Messrs. Drake of Seminole and Hayes of Miller- House Bill No. 481. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Swindle of Berrien- House Bill No. 482. A bill amending the charter of the City of Nashville, and for other purposes. By Messrs. Davis, Lanham, and Keel of Floyd- House Bill No. 484. A bill creating the pension fund for teachers and employees of Boards of Education in certain counties, and for other purposes. By Messrs. Dugas of White and Jackson of Habersham- House Bill No. 485. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. MoNDAY, JANUARY 31, 1938. 995 By Messrs. Hogg of Marion and Taunton of Taylor- House Bill No. 490. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Campbell of Newton- House Bill No. 493. A bill reducing the bond of the Sheriff of Newton County, and for other purposes. By Mr. Jones of Brantley- Hause Bill No. 495. A bill amending an Act abolishing the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes. By Mr. \Varnell of Bryan- House Bill No. 496. A bill amending an Act creating a Board of Commissioners of Roads and Revenues for Bryan County, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 491. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid S~'stem, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 498. A bill to amend an Act requmng the officers of Bryan County to furnish bonds and providing that the premiums on same be paid by the county, and for other purposes. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Williams of the 5th District- Senate Bill No. 130. A bill amending the General Tax Act so as to provide for a tax on auctioners of certain products and commodities, and for other purposes. By Senators Millican of the 52nd District and Pruett of the 32nd District- 996 JouRNAL OF THE SENATE, Senate Bill No. 131. A bill amending Code Section 26-2503 with reference to the punishment for robbery by intimidation, and for other purposes. By Senators Jackson of the 14th District, Millican of the 52nd District, Jones of the 38th District, Purdom of the 46th District, and Phillips of the 29th District- Senate Bill No. 132. A bill amending Code Section 68-301 with reference to the speed limit of vehicles having pneumatic tires, and for other purposes. By Senators Lindsay of the 34th District, Jackson of the 14th District, and Pope of the 7th District- Senate Bill No. 133. A bill authorizing the State Highway Department to execute lease contracts or agreements granting easements on the rights of way, and for other purposes. The following bills of the House were read the first time and referred to the committees: By Messrs. Leonard, Smith, and Elliott of Muscogee- House Bill No. 126. A bill to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes. Referred to Committee on Motor Vehicles. By Messrs. Groover, Morgan, and Ware of Troup, Hodges of Liberty, and Sanders of Coweta- House Bill No. 194. A bill providing for the sale and distribution of license plates for motor vehicles in each county, and for other purposes. Referred to Committee on Motor Vehicles. By Messrs. Lanier of Richmond, Harvey of Upson, and Harrell of Brooks- House Bill No. 221. A bill amending Section 1 of the Chain Store Tax Act, approved March 27, 1937, and for other purposes. Referred to Committee on Finance. .MONDAY, JANUARY 31, 1938. 997 By Messrs. Ennis of Baldwin and Lanier of Richmond- House Bill No. 278. A bill amending the General Appropriations Act for the two years ending June 30, 1939 by exempting the revenue derived from the Chain Store Tax Act of 1937 from Section 28 of said bill, and for other purposes. Referred to Committee on Finance. By Mr. Swindle of Berrien- House Bill No. 463. A bill amending the Constitution of Georgia, so as to permit Beaverdam School District to incur a bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. By Mr. Adams of Franklin- House Bill No. 489. A bill amending the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Warnell of Bryan- House Bill No. 497. A bill changing the terms of the Superior Court of Bryan County, and for other purposes. Referred to Committee on General Judiciary No. 1. By Messrs. Batchelor of Putnam and Key of Jasper- House Bill No. 499. A bill amending the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. McCracken of Jefferson- House Bill No. 500. A bill amendng the Highway Mileage Act so as to add additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. 998 JouRNAL oF THE SENATE, By Messrs. Lanham, Davis, and Keel of Floyd- House Bill No. 501. A bill providing for the compensation of Superior Court Clerks in counties of a certain population, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Cogdell of Glynn- House Bill No. 505. A bill providing for three regular terms a year of the Superior Court of Glynn County, and for other purposes. Referred to Committee on Special Judiciary. By Mr. Larsen of Laurens- House Bill No. 508. A bill to amend the charter of the City of Dublin, and for other purposes. Referred to Committee on Municipal Government. By Mr. Brooks of Jackson- House Bill ;.Jo. 509. A bill authorizing the City of Jefferson to incur a bonded indebtedness, and for other purposes. Referred to Committee on Amendments to the Constitution. Bv Mr. Patten of Cook- House Bill ~o. 510. :\ bill amending an Act abolishing the offices of Tax Receiver and Tax Collector, and creating the office of Tax Commissioner of Cook County, and for other purposes. Referred to Committee on Counties and County Matters. Bv Mr. Reid of Wilcox- House Bill No. 511. A bill to amend an Act creating a Board of County Commissioners of Roads and Revenues for Wilcox County, and for other purposes. Referred to Committee on Counties and County l\1atters. MoNDAY, JANUARY 31, 1938. 999 By Mr. Moore of HaralsonHouse Bill No. 513. A bill amending the charter of Bremen, and for other purposes. Referred to Committee on Municipal Government. By Mr. Oden of PierceHouse Bill No. 512. A bill providing for the payment of official bond premiums for the Tax Collector and Receiver of Pierce County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Brown of GreeneHouse Bill No. 516. A bill amending an Act incorporating the City of Union Point, and for other purposes. Referred to Committee on Municipal Government. The following resolutions of the House were introduced, read the first time, and referred to the committees: By Mr. Key of JasperHouse Resolution No. 32. A resolution to make appropria- tion for operations of the State Radio Commission as authorized by resolution approved March 30, 1937, and for other purposes. Referred to Committee on Appropriations. By Messrs. Dampier and Larsen of Laurens- House Resolution No. 59. A resolution relieving R. L. Tindol of surety on a certain bond, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Hastings of Fulton, Harrell of Brooks, and others- House Resolution No. 71. A resolution requesting the State Board of Regents to provide a course in criminology at the University of Georgia, and for other purposes. Referred to Committee on University System of Georgia. 1000 JouRNAL OF THE SENATE, By Messrs. Phillips and Palmour of Hall, Booth of Barrow, and others- House Resolution No. 94. A resolution naming and designating a certain highway in honor of Col. Sam Tate. Referred to Committee on Highways and Public Roads. By Messrs. Groover, Ware, and Morgan of Troup- House Resolution No. 129. A resolution for the relief and refund of tax paid by D. Yalovitz, doing business under the trade name of LaGrange Jewelry and Arms Company, and Hudson Hardware Company, and for other purposes. Referred to Committee on Special Judiciary. By Mr. Bradley of Tattnall- House Resolution No. 131. A resolution authorizing the State Librarian to furnish missing volumes of certain reports to the Clerk of the Superior Court of Tattnall County, and for other purposes. Referred to Committee on Public Library. By Mr. Musgrove of Clinch- House Resolution No. 137. A resolution authorizing the County Commissioners of Clinch County to pay a certain sum of money to the widow of Deputy Sheriff Carey Thomas. Referred to Committee on Counties and County Matters. By Messrs. Harris and Lanier of Richmond- House Resolution No. 138. A resolution relieving Thomas L. Clary of Richmond County, as surety on a bond, 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. Campbell of Newton- House Bill No. 169. A bill amending an Act relating to the MoNDAY, JANUARY 31, 1938. 1001 salary of the Treasurer of Newton County so as to provide for an additional salary of said 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 33, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Deal of Bulloch- Hause Bill No. 453. A bill to amend the Highway Mileage Act by adding additional mileage 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. Booth of Barrow- House Bill No. 455. A bill to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. The report of the committee, which was favorable to the pas- sage 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. Dampier and Larsen of Laurens, and Jones and Smith of Dodge- House Bill No. 456. A bill to amend the Highway Mileage Act by adding add~tional mileage 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. 1002 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. Field of Whitfield- House Bill No. 460. A bill to amend the Highway Mileage Act by adding additional mileage 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. Reid of Wilcox- House Bill No. 465. A bill to amend the Highway Mileage Act by adding additional mileage 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 ~o. 469. A bill to amend the Highway :Mileage Act by adding additional mileage 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. MoNDAY, JANUARY 31, 1938. 1003 By Messrs. Drake of Seminole, Simmons of Decatur, and Kirbo of Decatur- House Bill No. 471. A bill to amend the Highway Mileage Act by adding additional mileage 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. 473. A bill to amend the Highway Mileage Act by adding additional mileage 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. Pound of Hancock- House Bill No. 476. A bill to amend the Highway Mileage Act by adding additional mileage 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. Elliott, Leonard, and Smith of Muscogee- House Bill No. 478. A bill to amend an Act relating to city taxes of Columbus, and for other purposes. 1004 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 33, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Jones of Elbert- House Bill No. 479. A bill to increase the salary of the Treasurer 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 33, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Whitaker of Clayton- House Bill No. 486. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton 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. The following resolution of the House was read and adopted: By Mr. Dugas of White- House Resolution No. 153. A resolution naming the new dormitory now under construction at the North Georgia College in honor of Professor John C. Barnes, familiarly known to all North Georgia College men and Georgians as Daddy Barnes, and for other purposes. The following bills and resolution of the Senate and House were read the third time and put upon their passage: MoNDAY, JANUARY 31, 1938. 1005 By Senators Griner of the 45th District, Harrison of the 17th District, and Jones of the 38th District- Senate Bill No. 124. A bill to amend an Act entitled "Highway Mileage Act" by adding to the Traylor-Neill map all public roads in the State of Georgia except those included in the State Post Road System, and for other purposes. The Committee on Highways and Public Roads offered the following amendment to Senate Bill ~o. 124: To amend by striking in Section 1 on the 7th and 8th lines the following words, "not included in the State Post Road System" and adding in lieu thereof the following words, "including those roads in the State Post Road Svstem." By striking in the caption of said bill the following words on line 7, "except those included in the State Post Road System" and adding in lieu thereof the following, "including those roads in the State Post Road System." The amendments by the committee 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 39, the nays 2. The bill having received the requisite constitutional majority was passed, as amended. Senator Lindsay of the 34th District gave notice that at the proper time he would move that the Senate reconsider its action in passing Senate Bill No. 124. Senator Harrison of the 17th District moved that Senate Bill No. 124 be immediately transmitted to the House and the motion prevailed. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 79. A bill to authorize a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year 1937, as mileage tax, and for other purposes. 1006 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, it involving 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 Clements Flynt Forrester Fowler Griner Hampton Hardman Harrison Holmes .Jones Kimbrough Knabb Lindsay Millican Moye Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Verification of the roll call was dispensed with. The ayes were 42, the nays 0. The bill having received the requisite constitutional majority was passed. Not voting were: Senators Chason of the 8th District, Ennis of the 20th District, Harrell of the 12th District, Horne of the lOth District, Jackson of the 14th District, Johnson of the 42nd District, McCutchen of the 43rd District, McKenzie of the 48th District, and Williams of the 5th District. By Senator Lindsay of the 34th District- Senate Bill No. 125. A bill to provide for the priorities of tax liens other than taxes on real estate, and for other purposes. The report 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, jANUARY 31, 1938. 1007 By Messrs. Booth of Barrow, Brooks of Jackson, Fitts of Madison, and Joel of Clarke- House Resolution No. 132. A resolution to pay tribute and honor to one of Georgia's noble sons by naming State Road No. 15 the Crawford W. Long Memorial Highway, and for other purposes. Senator Hardman of the 33rd District offered the following amendment to House Resolution No. 132: To amend by striking the next to the last paragraph of said resolution in its entirety, and inserting in lieu thereof the followmg: "Therefore Be it Resolved, that the highway State Road No. 11 from Gainesville in Hall County, Georgia, to Jefferson in Jackson County, Georgia, and Road No. 15 from Jefferson in Jackson County, Georgia, to Athens, Clarke County, Georgia, he henceforth designated and named The Crawford W. Long Memorial Highway." The amendment by Senator Hardman was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the adoption of the resolution, as amended, the ayes were 28, the nays 0. The resolution having received the requisite constitutional majority was adopted, as amended. The following bill of the Senate was read the third time: By Senators Jackson of the 14th District and Whitehead of the 30th District- Senate Bill No. 128. A bill providing for the use of Old Soldiers Home for Veterans of all wars who are disabled, and for other purposes. The President ruled Senate Bill ~o. 128 out of order in the Senate due to the fact that same carried an appropriation. 1008 JouRNAL OF THE SENATE, Senator Harrison of the 17th District moved that the Secretary be authorized and instructed to have the Senate amendments to House Bill No. 27 printed for use of the members of the Senate. The motion was lost. Senator Millican of the 52nd District moved that the Senate reconsider its acton in defeating the motion to print the Senate amendments to House Bill No. 27 and the motion prevailed. Senator Whitehead of the 30th District moved that the Secretary be authorized and instructed to have the Senate amendment-s to House Bill ~o. 27 printed for the use of the members of the Senate. The motion was lost. Senator Terrell of the 19th District moved that all amendments to House Bill No. 27 which the Senate receded from in the report of the Conference Committee as filed be printed for use of the members of the Senate. The motion prevailed. Senator Lindsay of the 34th District moved that the Senate do now stand recessed until 2:00 o'clock P. M. today at which time it reconvene for an afternoon session. Senator Flynt of the 26th District moved that the Senate do now adjourn and the motion was lost. The motion by Senator Lindsay of the 34th District prevailed and 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 report of the Conference Committee on House Bill No. 27 was read by the Secretary: The Conference Committee appointed by the House and Senate to consider House Bill No. 27, after consideration of the bill, submits the following report and recommends that same be adopted: MoNDAY, JANUARY 31, 1938. 1009 1. The House recedes from its position and agrees to Senate Amendments Nos. 1, 2, 3. 2. The House recedes from its position on Senate Amendment No. 4, but the committee, on the part of the House and Senate, recommends that the figures 1943 be changed to 1944 so that the expiration of the term of the first appointee shall be January 1, 1934. 3. The Senate recedes from its position on Senate Amendments Nos. 5 and 6. 4. The House recedes from its position on and agrees to Senate Amendments Nos. 7, 8, 9, and 10. 5. The Senate recedes from its position on Senate Amendment No. 11. 6. The House recedes from its position on Senate Amendment No. 12. 7. The Senate and House both recede from their position on Senate Amendment No. 13 and agree to insert in lieu of the stricken words, the words, "County Attorney or Solicitor General," and agree to adopt the amendment with the foregoing change. 8. The House recedes from its position on Senate Amendments Nos. 14, 15, and 16. 9. That the House and Senate both recede from their position on Senate Amendment No. 17; and that Section 5-A of the House bill be stricken, and the following be substituted in lieu thereof: Section 5-A. The Tax Commissioner shall be bound by the same laws regulating the approval of County Tax Digest as are now in force with reference to the approval of same by the Comptroller General. 10. The House recedes from its position on Senate Amendments Nos. 18, 19, 20, 21, 22. 11. That the House and Senate both recede from their position on Senate Amendment No. 23, and in lieu of the stricken 1010 JouRNAL oF THE SENATE, words, the following be inserted: "County Attorney or Solicitor General." 12. The House recedes from its position on Senate Amendments Nos. 24, 25, and 26. 13. The House recedes from its posltlon on Senate Amendment No. 27, with the following amendment added thereto which is agreeable to the Senate Committee. By adding after the words "County Attorney," in the fourth line, the words, "or Solicitor General." 14. The House recedes from its position on Senate Amendments Nos. 29, 30, 31. 15. That the House and Senate recede from their position on Senate Amendment No. 32; and that Section 10, Chapter 2 of the bill, as passed by the House be adopted, with the following words to be added at the end thereof, as an amendment: "The Provisions of this Act shall, in no wise, affect the collection and administration of those regulatory, professional, or vocational bodies or boards operated under a Joint Secretary as now provided by law, and other regulatory bodies similar to the Securities Commission where the major portion of collections are collected by mail." 16. The Senate recedes from its position on Senate Amendment No. 33. 17. The House recedes from its position on Senate :\mendments X os. 34, 35, 36, 37, 38, 39, and 40. 18. The Senate recedes from its position on Senate Amendments Nos. 41, 42, 43, and 44. 19. The House recedes from its position on Senate :\mendments Xos. 45, -Hi, 47, 48, 49, 50, 51, 52, 53, 54, 55, and 56. 20. That the House and Senate both recede from their position on Senate Amendment No. 57; and agree that Section No. 34 of Chapter 2 of the bill to be amended by adding at the end of said section the following words: "provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right to sue for refund MoNDAY, jANUARY 31, 1938. 1011 in the Superior Court of the county in which said taxpayer would have a right to appeal from a judgment by the Board of Tax Appeals, as in this Act provided." 21. That the House recedes from its position on Senate Amendments Nos. 58, 59, 60, 61, and 52. 22. The Senate recedes from its position on Senate Amendment No. 63. 23. Both the Senate and House recede from their position on Senate Amendment No. 64; and recommend that the word" and" -being the first word in line 20 of Section 42, be stricken, and the following be inserted in lieu thereof: "or in the County where." 24. That the House recedes from its position on Senate Amendments Nos. 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, and 82. Your Conference Committee respectfully recommends that the foregoing report be adopted: This, the 31st day of January, 1938. LANHAM of Floyd, CARMICHAEL of Cobb, FowLER of Treutlen. On the Part of the House. LINDSAY of the 34th District, ATKINSON of the 1st District, PoPE of the 7th District. On the Part of the Senate. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted the report of Committee of Conference on the following bill of the House, to-wit: 1012 JouRNAL OF THE SENATE, By Messrs. Parker of Colquitt, Preston of Bulloch, Lanier of Richmond, Mundy of Polk, Sutton of Wilkes, and Key of Jasper- House Bill No. 27. A bill to be entitled an Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Taxation and the office of State Tax Commissioner; and for other purposes. Senator Millican of the 52nd District moved that the report of the Conference Committee on House Bill ~o. 27 be disagreed to. Senator Lindsay of the 34th District offered as a substitute motion for the motion by Senator Millican that the report of the Conference Committee on House Bill No. 27 be agreed to. On the motion by Senator Lindsay of the 34th District, Senator Neely of the 36th District moved the previous question and the motion prevailed. Senator Millican of the 52nd District called for the ayes and navs on the motion by Senator Lindsav of the 34th District and th~ call was sustained. . The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atkinson Brock Burgin Burrell Chason Clements Forrester Griner Hampton Jackson Kimbrough Knabb Lindsay Neely Patten Peebles Phillips Pope Purdom Shannon Shedd Sikes Sutton Turner Those voting in the negative were Senators: Atwood Aultman Flynt Hardman Harrison Holmes Horne Johnson Jones Millican Moye Peterson Pruett Robinson Sammon Terrell Walker Whitehead MoNDAY, JANUARY 31, 1938. 1013 Verification of the roll call was dispensed with. The ayes were 26, the nays 18. The report of the Conference Committee on House Bill No. 27 was therefore adopted. Not voting were: Senators Ennis of the 20th District, Fowler of the 39th District, Harrell of the 12th District, McCutchen of the 43rd District, McKenzie of the 48th District, Thrasher of the 27th District, and Williams of the 5th District. Senator Robinson of the 13th District gave notice that at the proper time he would move that the Senate reconsider its action in adopting the report of the Conference Committee on House Bill No. 27. Senator Lindsay of the 34th District moved that notice of the action of the Senate in adopting the report of the Conference Committee on House Bill No. 27 be immediately transmitted to the House and the motion prevailed. . Senator Jones of the 38th 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. 1014 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., TuESDAY, FEBRUARY 1, 1938. 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 Phillips of the 29th 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 Lindsay of the 34th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on 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 Joe Boone, the Clerk thereof: TuESDAY, FEBRUARY 1, 1938. 1015 The House has passed by the requisite constitutional majority the following bills and/or resolutions of the House and/or Senate, to-wit: By Senators Shedd of the 3rd District and Knabb of the 4th District- Senate Resolution No. 12. A resolution proposing to the qualified voters of Georgia 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 providing forest fire protection, and for the further conservation of natural resources, and for other purposes. By Messrs. Cochran of Thomas, Houston of Worth, Hogg of Marion, Perry of Worth, Ware of Troup, Corbett of Atkinson, and Bradley of Tattnall- House Bill No. 260. A bill to be entitled an Act to appropriate the sum of 850,000.00 to be used in the prevention and control of plant disease and dangerous insects, and for other purposes. By Mr. Fowler of Treutlen- House Bill No. 396. A bill to be entitled an Act to appropriate the sum of $20,000 for the year 1938 to the Division of Forestry of the Department of Natural Resources for the purpose of developing the paper-pulp industry in this State, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the Senate Amendments to the following bill of the House, to-wit: By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 281. A bill to be entitled an Act to amend the charter of the City of Savannah, and for other purposes. The following bill of the Senate was introduced, read the first time, and referred to the committee: 1016 JouRNAL oF THE SENATE, By Senator Brock of the 37th District- Senate Bill No. 140. A bill amending the "Motor Carrier Act of 1931" by striking a section of said Act, and for other purposes. Referred to Committee on Motor Vehicles. Senator Thrasher of the 27th 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 to the Committee on Counties and County Matters: By Mr. Booth of Barrow- House Bill No. 450. A bill to create the office of Commissioner of Roads and Revenues of Barrow County, and for other purposes. By Mr. Booth of Barrow- House Bill No. 451. A bill repealing the Act creating a Board of Commissioners of Roads and Revenues of Barrow County, and for other purposes. The consent was granted, the bills 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 Amendments to the Constitution, read a second time, and recommitted to the Committee on Amendments to the Constitution: By Mr. Brooks of Jackson- House Bill No. 509. A bill authorizing the City of Jefferson to incur a bonded indebtedness, 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 bill of the House be withdrawn from the Committee on Amendments to the Constitution, read a second time, TuESDAY, FEBRUARY 1, 1938. 1017 and recommitted to the Committee on Amendments to the Constitution: By Mr. Swindle of Berrien- House Bill No. 463. A bill amending the Constitution of Georgia, so as to permit Beaverdam School District to incur a bonded indebtedness, and for other purposes. The consent was granted, the bill read a second time, and recommitted. 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 have had under consideration the following bills and resolutions of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 501. Do pass. Senate Bill No. 137. Do pass. Senate Bill No. 139. Do pass. House Resolution No. 138-504a. Do pass. House Bill No. 512. Do pass. House Resolution No. 59-297a. Do pass. House Resolution No. 137-503a. Do pass. House Bill No. 510. Do pass. Respectfully submitted, JACKSON, Chairman. Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, submitted the following report: 1018 JouRNAL OF THE SENATE, Mr. President: Your Committee on Highways and Public Roads have had under consideration the following bills and resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Resolution No. 94-366b. Do pass. House Bill No. 500. Do pass. House Bill No. 489. Do pass. House Bill No. 499. Do pass. Respectfully submitted, PHILLIPS, 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 have had under consideration the following bill and resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 505. Do pass. House Resolution No. 129-474a. Do pass. Respectfully submitted, ALLEN, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 369. Do pass. TuESDAY, FEBRUARY 1, 1938. 1019 House Bill No. 382. Do pass, by substitute. House Bill No. 448. Do pass. Respectfully submitted, PoPE, Chairman. 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 135. Do pass. Respectfully submitted, PETERSON, 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 have had under consider- ation the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Resolution ~o. 131. Do pass. Respectfully submitted, JOHNSON, Chairman. Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: 1020 JouRNAL OF .THE SENATE, House Bill No. 170. Do pass, as amended. 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 have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 516. Do pass. Senate Bill No. 136. Do pass, as amended. Respectfully submitted, PEEBLES, Chairman. Senator Holmes of the 22nd District, Chairman of the Committee on Academy for the Blind, submitted the following report: Mr. President: Your Committee on Academy for the Blind have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 134. Do pass. Respectfully submitted, HoLMES, Chairman. The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Shannon of the 21st District- Senate Bill No. 134. A bill to amend the Act known as the Factory for the Blind, and for other purposes. TuESDAY, FEBRUARY 1, 1938. 1021 By Senator Peterson of the 15th District- Senate Bill ?'\o. 135. A bill regulating banking in the State of Georgia with reference to the applications for renewals of charters, and for other purposes. By Senator :\tkinson of the 1st District- Senate Bill ~o. 136. A bill permitting counties of a certain population and the cities located therein to regulate and control the conduct and operation of barbecue stands, road houses, dance halls within their respective limits, and for other purposes. By Senator ~1illican of the 52nd District- Senate Bill No. 137. A bill amending an Act which established the Municipal Court of Atlanta, and for other purposes. By Senator Jackson of the 14th District- Senate Bill ~o. 139. A bill abolishing the fee system of officers of counties of a certain population and providing for the payment of salaries to said officers, and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Adams of Franklin- House Bill No. 489. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Batchelor of Putnam and Key of Jasper- House Bill No. 499. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. McCracken of JeffersonHouse Bill No. 500. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Lanham, Davis, and Keel of Floyd- House Bill No. 501. A bill providing for the compensation of 1022 JouRNAL OF THE SENATE, and payment to clerks of the Superior Court, and for other purposes. By Mr. Cogdell of Glynn- House Bill No. 505. A bill providing for holding three regular terms a year of the Superior Court of Glynn County, and for other purposes. By Mr. Patten of Cook- House Bill Xo. 510. A bill amending an Act abolishing the offices of Tax Receiver and Tax Collector, and creating the office of Tax Commissioner of Cook County, and for other purposes. By Mr. Oden of Pierce- House Bill ~o. 512. A bill providing for the payment of official bond premiums for the Tax Collector and Receiver of Pierce County, and for other purposes. By Mr. Brown of Greene- House Bill No. 516. A bill amending an Act incorporating the City of Union Point, and for other purposes. The following resolutions of the House, favorably reported by the committees, were read the second time: By Messrs. Dampier and Larsen of Laurens- House Resolution No. 59. A resolution relieving R. L. Tindol as surety on a certain bond, and for other purposes. By Messrs. Phillips and Palmour of Hall, Booth of Barrow, and others- House Resolution ::\o. 94. A resolution naming and designating a certain highway in honor of Col. Sam Tate. By Messrs. Groover, \\'are, and Morgan of Troup- House Resolution No. 129. A resolution for the relief and refund of tax paid by D. Yalovitz, and for other purposes. By Mr. Bradley of TattnallHouse Resolution No. 131. A resolution authorizing the TUESDAY, FEBRUARY 1, 1938. 1023 State Librarian to furnish missing volumes of certain reports to the Clerk of the Superior Court of Tattnall County, and for other purposes. By Mr. Musgrove of Clinch- House Resolution No. 137. A resolution authorizing the County Commissioners of Clinch County to pay a certain sum of money to the widow of Deputy Sheriff Carey Thomas. By Messrs. Harris and Lanier of Richmond- House Resolution No. 138. A resolution relieving Thomas L. Clary of Richmond County as surety on a bond, and for other purposes. The following bills of the House were read the third time and put upon their passage: By Mr. Field of Whitfield- House Bill No. 431. A bill amending Section 92-6911 of the Code of Georgia of 1933, relating to Tax Assessments by 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 1. The bill having received the requisite constitutional majority was passed. By Mr. McGraw of Meriwether- Hoose Bill No. 437. A bill to fix and provide for the compensation to be paid members of the Board of Education of certain counties in 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 33, the nays 0. The bill having received the requisite constitutional majority was passed. 1024 JouRNAL OF THE SENATE, By Messrs. Drake of Seminole and Hayes of Miller- House Bill No. 481. A bill amending the Highway 1\Iileage Act by adding additional mileage 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 38, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Swindle of Berrien- House Bill No. 482. A bill amending the charter of the City of Nashville, and for other purposes. The report 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. Dugas of White and Jackson of Habersham- House Bill No. 485. A bill amending the Highway Mileage Act by adding additional mileage 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. Hogg of Marion and Taunton of Taylor- House Bill No. 490. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. TUESDAY, FEBRUARY 1, 1938. 1025 The report 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. Reid of Wilcox- House Bill No. 491. A bill amending the Highway Mileage Act by adding additional mileage 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 n~ys 0. The bill having received the requisite constitutional majority was passed. By Mr. Campbell of Newton- House Bill No. 493. A bill reducing the official bond of the Sheriff of Newton County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage- of the bill, the ayes were ;)3, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Warnell of Bryan- House Bill No. 496. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, and for other purposes. The report 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. 1026 JouRNAL oF THE SENATE, By Mr. Warnell of Bryan- House Bill No. 498. A bill requiring county officers of Bryan County to furnish bonds, by providing that said bonds be paid by the county out of its general funds, and for other purposes. The report 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. DeFoor of Mcintosh, Hodges of Liberty, and Cohen of Chatham- House Bill No. 122. A bill to levy an additional tax on commercial fishing boats belonging to aliens or non-residents 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 3:3, the nays 0. The bill having received the requisite constitutional majority was passed. By Messrs. Dampier and Larsen of LaurensHouse Bill ~o. 291. A bill providing for special criminal bailiffs in counties having a population of 35,000 or more, and for other purposes. Senator Spivey of the 16th District offered the following amendment: By striking the words" and City" immediately after the words "of the Superior" and immediately prior to the words "Court shall each be" in the eighth line of said Section, so that said Section 1 when so amended shall read as follows: "Section 1. That Section 808 of the Penal Code of 1910 which provides for the appointment of special criminal bailiffs by the Solicitors General of the Superior Courts and the Solicitors of the City Courts in counties having a population of 35,000, or more, TUESDAY, FEBRUARY 1, 1938. 1027 as provided for in said Act approved March 28, 1935, is hereby amended by providing that in all counties having a population of not less than 32,685 nor more than 32,700, according to the United States census of 19:10, and any future census of the United States, the Solicitor General of the Superior Court shall each be entitled to one or more criminal bailiffs, to be appointed by the Solicitor General with the approval of the Judge of the Court and to be subject to removal bv such Judge and Solicitor General for misconduct, or other sufficient cause to be judged of by them." 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. By Mr. Jones of Brantley- Hause Bill No. 495. A bill amending the Act abolishing the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes. Senator Shedd of the 3rd District offered the following amendment: To amend by eliminating the period at the close of Section 1, and substituting a comma therefor, and adding the following: "Provided, however, that the provisions of this Act shall not apply to taxes due prior to January 1, 1938." 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 majoritv was passed, as amended. 1028 JouRNAL OF THE SENATE, By Messrs. Davis, Lanham, and Keel of Floyd- House Bill No. 484. A bill authorizing the boards of education to create a retirement fund for teachers and other employees of such boards of education, and for other purposes. Senator Johnson of the 42nd District offered the following substitute: A BILL To be entitled an Act to authorize the board of education of counties having a population of not less than 48,666 and not more than 48,668 according to the census of the United States for 1930 or any future census, 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 pro-vide terms and requirements for such retirement, 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. In any county of this State which has a population of not less than 48,666 and not more than 48,668 according to the census of the United States for 1930 or any future census, the board of education of such county is hereby authorized to create a retirement fund for teachers and other employees of the county school system. Such retirement fund shall be administered by a commission of three persons, two of whom shall be appointed by the county board of education, and one of whom shall be elected by the teachers and employees of the county board of education entitled to the benefits of the said fund. Of the two persons to be appointed by the board of education, one shall be a member of the county board of education and one shall be a citizen of the county, and a resident of that part of the county which is included within the territory served by the county school system. This commission shall be called "The Teachers' Retirement Commrsston." Sec. 2. Such retirement fund shall be created by contributions by teachers and other employees of the county board of education TuESDAY, FEBRUARY 1, 1938. 1029 and by appropriations made by the county board of education as follows: (a) For a period of 10 years after such retirement fund is created by any county, each teacher and other employee shall contribute monthly to said fund 2% of his or her monthly salary; but no such employee shall contribute more than two ($2.00) dollars per month. The board of education shall likewise pay into said fund monthly an amount equal to all of the contributions made by such teachers and employees such amounts being part of the compensation payable to such teachers and employees for their services to the county school system. During said period of 10 years the county board of education may contribute to such fund sums in addition to that herein specified as additional compensation as it may desire to appropriate. (b) At the end of 10 years after such fund has been created by any county board of education, the commission shall cause to be determined on an actuarial basis the requirements for the proper future administration of such fund, and if such proper administration thereof require an increase of the contributions to be made by the teachers and employees, then the commission shall fix such larger percentage of contri bution by said teachers and employees as in its judgment may be necessary; not, however, to exceed a total contribution of 3% of the monthly compensation of such teachers and employees with a maximum of six ($6.00) dollars per month. In the event of such increase the amount to be paid by the county board of education shall likewise be increased so that at all times the board of education shall pay an amount equal to the contributions made by the teachers and employees of the system. Sec. 3. The said commission shall have the power to adopt rules and regulations under which teachers and employees of the system shall be retired for length of service and for disability upon rates of retirement pay to be fixed by such rules, depending upon age and length of service and such other circumstances as the commission may deem important; Provided, however, that all of such teachers and employees shall be eligible for retirement at the option of the board of education, between the ages of 58 and 70 and shall be automatically retired at the age of 70, Pro- 1030 JouRNAL oF THE SENATE, vided, further, that no such rule or regulation may provide retirement pay at the maximum rate, hereinafter provided, for any person retired for age or length of service only until such person shall have served in said system, or in a system to which it has become the legal successor for at least 20 years, Provided, further, that no such rule or regulation may provide retirement pay for any person in excess of 50% of the average pay of such person for the 10 years immediately preceding retirement, and in no event more than fifty (~50.00) dollars per month; and, Provided further, that such rules shall provide that if any such teacher or employee voluntarily, or involuntarily, severs his or her connection with said county school system at a time prior to his or her becoming entitled to retirement pay under the rules adopted by the commission, he or she shall be entitled to be refunded not less than the amount of all contributions made bv him or her to such fund, and that upon the death of any such teacher or employee before he or she became entitled to such retirement pay, his or her personal representative shall become entitled to a refund of a similar amount. Sec. 4. The board of education of such countv shall have the power to fix the method of election of the member of such commission who is to be elected by the teachers and employees of the system in any manner not inconsistent with the provisions of this Act, and the first member of said commission shall serve terms of one, two and three years each, the length of the term of each member to be determined by lot after all have been chosen, and thereafter the said members of the commission shall serve for a term of three years, or until their successors are duly selected and qualified. The said commission shall organize and elect a chairman and secretary each year. No member of the said commission shall be paid a salary for his services in such capacity, but he may receive compensation of two ($2.00) dollars per diem for his attendance and service at any meeting of the commission duly called by the chairman thereof, but such compensation shall in no event exceed ($16.00) dollars per annum. The commission shall have authority to employ such clerical and other assistants as may be necessary for the proper administration of said fund. Sec. 5. Such commission shall have the power to adopt bylaws and such rules of procedure and rules relating to the invest- TuESDAv, FEBRUARY 1, 1938. 1031 ment and distribution of the said funds as it may see fit in any manner consistent with the provisions of this Act. Such commission shall have the power to invest the funds within its control in all investments which are legal within the State of Georgia for the investment of funds of executors, administrators and guardians, and in addition thereto shall have authority to invest such funds in any interest bearing securities issued by or whose payment is guaranteed by the United States of America. The members of the commission shall make such bond for the faithful discharge of their duties as may be required by the board of education. Sec. 6. All of the provisions hereof shall automatically apply to all of the teachers, principals, supervisors and members of the administrative force of any county school system in which it becomes operative, and its benefits may be extended to any other employees of the system at their election made known to the county board of education in writing. Sec. 7. All laws and parts of laws in conflict with this Act are hereby repealed. The substitute by Senator Johnson of the 42nd District 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 34, the nays 0. The bill having received the requisite constitutional majority was passed, by substitute. The following bills of the House were read the first time and referred to the committees: By Messrs. Cochran of Thomas, Houston of \Vorth, Hogg of Marion, Perry of \Vorth, \Vare of Troup, and others- House Bill No. 260. A bill appropriating the sum of $50,000.00 to be used in the prevention and control of plant diseases and dangerous insects, and for other purposes. Referred to Committee on Appropriations. 1032 JouRNAL OF THE SENAT~, By Mr. Fowler of Treutlen- House Bill No. 396. A bill appropriating the sum of$20,000.00 for the Forestry Department to be used during the year 1938 for the purpose of developing the paper-pulp industry in this State, and for other purposes. Referred to Committee on Appropriations. By Messrs. Parker and Barlow of Colquitt- House Bill No. 503. A bill amending the Act creating a new charter for the City of Moultrie, and for other purposes. Referred to Committee on Municipal Government. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House insists on its amendments to the following bill of the Senate, to-wit: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 49. A bill to be entitled an Act to change the name of the Prison Commission of the State of Georgia to "The State Prison and Parole Commission," and for other purposes. The House 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 Senate Bill No. 49. The Speaker has appointed as a committee on the part of the House on Senate Bill No. 49 the following members of the House, to-wit: Messrs. Parker of Colquitt, Bennett of Ware, and Smith of Henry. Senator Atkinson of the 1st District moved that the Senate recede from its position on the Senate amendment to the following bill of the House, to-wit: TUESDAY, FEBRUARY 1, 1938. 1033 By Messrs. Cohen, Grayson, and McNall of Chatham- House Bill No. 281. A bill to amend the charter of the City of Savannah, and for other purposes. The motion prevailed. The following bills of the House and Senate were read the third time and put upon their passage: By Mr. Ennis of Baldwin- House Bill No. 277. A bill amending the chain store Act of 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 involving an appropriation, the roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atkinson Aultman Brock Burrell Chason Clements Ennis Flynt Forrester Fowler Griner Hampton Hardman Harrell Holmes Horne Jackson Johnson Kimbrough Knabb Lindsay Millican Moye Patten Peebles Peterson Phillips Pope Purdom Sammon Shedd Sikes Sutton Thrasher Turner Walker Whitehead 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 Atwood of the 2nd District, Burgin of the 24th District, Harrison of the 17th District, Jones of the 38th District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Pruett of the 32nd Dis- 1034 JouRNAL OF THE SENATE, trict, Robinson of the 13th District, Shannon of the 21st District, Terrell of the 19th District, and Williams of the 5th District. By Senators :Millican of the 52nd District and Pruett of the 32nd District- Senate Bill No. 131. A bill to amend Section 26-2503 of the 1933 Code of Georgia, providing punishment for robbery by intimidation, so that the punishment shall be death or life imprisonment instead of 2 to 20 years, and for other purposes. Senator Shedd of the 3rd District moved the previous question of Senate Bill No. 131 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 29, the nays 2. The bill having received the requisite constitutional majority was passed. Senator Harrell of the 12th District gave notice that at the proper time he would move that the Senate reconsider its action in passing Senate Bill No. 131. Senator Millican of the 52nd District moved that Senate Bill No. 131 be immediately transmitted to the House and the motion prevailed. By Senators Jackson of the 14th District, Millican of the 52nd District, Jones of the 38th District, Purdom of the 46th District, and Phillips of the 29th District- Senate Bill No. 132. A bill to amend Section 68-301 of the 1933 Code of Georgia relating to speed of pneumatic tire vehicles, and for other purposes. Senator Lindsay of the 34th District offered the following amendment to Senate Bill No. 132: To amend by adding a new section to be known as Section 3 to read as follows: "Section 3. Provided however, on those roads in this State where the curvature of the road or the thickly populated area TuESDAY, FEBRUARY 1, 1938. 1035 makes it hazardous to drive the maximum such lower speed may be designated by signs placed by the State Patrol in the discretion of the Director of Public Safety." The amendment by Senator Lindsay was adopted. Senator Allen of the 31st District offered the following amendment to Senate Bill No. 132: To amend by adding a new section to be numbered Section 2A and to read as follows: "It is further provided that none of the provisions of this Act shall have the effect of nullifying any reasonable ordinances of the several municipalities of the State governing speed regulations." The amendment by Senator Allen of the 31st District was adopted. Senator Pope of the 29th District moved the previous question on Senate Bill No. 132 and amendments and the motion prevailed. The main question was ordered. Senator Harrell of the 12th District called for the ayes and nays on the passage of Senate Bill No. 132 and the call was sustained. 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: Those voting in the affirmative were Senators: Allen Atkinson Atwood Aultman Brock Burrell Chason Ennis Forrester Griner Hampton Hardman Holmes Horne Jackson Jones Kimbrough Knabb Lindsay Millican Neely Patten Peterson Phillips 1036 joURNAL or 'I'HE SENAT, Pope Purdom Sammon Shannon Shedd Sikes Sutton Thrasher Turner Walker Those voting in the negative were Senators: Almand Burgin Clements Fowler Harrell Johnson Moye Peebles Terrell Whitehead Verification of the roll call was dispensed with. The ayes were 34, the nays 10. The bill having received the requisite constitutional majority was passed, as amended. Not voting were: Senators Flynt of the 26th District, Harrison of the 17th District, McCutchen of the 43rd District, McKenzie of the 48th District, Pruett of the 32nd District, Robinson of the 13th District, and Williams of the 5th District. Senator Phillips of the 29th District asked unanimous consent that Senate Bill No. 132 be immediately transmitted to the House and the consent was granted. By Mr. Newby of Twiggs- Hause Bill No. 369. 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 trustees of the Jeffersonville Consolidated School District of Twiggs County, Georgia, 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 February 1, 1937 and which shall become due up to and including February 1, 1941; 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 TuESDAY, FEBRUARY 1, 1938. 1037 up to and including February 1, 1941; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the Jeffersonville Consolidated School District of Twiggs County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $27,000.00 for the purpose of refunding and retiring any bonded indebtedness of the said Jeffersonville Consolidated School District, outstanding, past due and unpaid as of February 1, 1937, and any bonded indebtedness of said Jeffersonville Consolidated School District which becomes due up to and including February 1, 1941, 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 said Jeffersonville Consolidated School District of Twiggs County, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid up to and including February 1, 1941. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Jeffersonville Consolidated School District and shall be validated." Sec. 2. When said amendment is agreed to by two-thirds vote of the members of each House, with the" ayes" and" nays" thereon, it shall be 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 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 1038 JouRNAL OF THE SENATE, Constitution, authorizing the Jeffersonville Consolidated School District of Twiggs County, Georgia, to issue refunding bonds," and all persons opposed to the adoption of said amendtnent 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 Jeffersonville Consolidated School District of Twiggs County to issue refunding bonds," 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 part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation thereof, as provided by law. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws or 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 Burgin Burrell Chason Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay Millican Moye Neely Patten Peebles Peterson Phillips Pope Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Verification of the roll call was dispensed with. The ayes were 44, the nays 0. TuESDAY, FEBRUARY 1, 1938. 1039 The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Flynt of the 26th District, Harrison of the 17th District, McCutchen of the 43rd District, McKenzie of the 48th District, Pruett of the 32nd District, Robinson of the 13th District, and Williams of the 5th District. Senator Lindsay of the 34th District moved that the Senate insist upon its position of disagreement to the House amendments to Senate Bill No. 49, a bill creating the State Prison and Parole Commission, and that a Conference Committee be appointed to confer with.a like committee from the House. The motion prevailed and the President appointed as a Committee of Conference on the part of the Senate the following members of the Senate, to-wit: Senators Lindsay of the 34th District, Purdom of the 46th District, and Kimbrough of the 25th District_ By Senators Lindsay of the 34th District, Jackson of the 14th District, and Pope of the 7th District- Senate Bill No. 133. A bill to authorize the State Highway Board to execute lease contracts or agreements granting easements on the rights of way, and for other purposes_ The report 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 Ennis of the 20th 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. Ennis of Baldwin and Lanier of RichmondHouse Bill No. 278. A bill amending the General Appropria- 1040 JouRNAL oF THE SENATE, tions Act for the two years ending June 30, 1939 by exempting the revenue derived from the Chain Store Tax Act of 1937 from Section 28 of said bill, and for other purposes. The consent was granted, the bill read a second time and recommitted. The following privilege resolution was read and adopted: By Senator Neely of the 36th District- A resolution extending the privileges of the floor to Miss Doris Morgan, Miss Eula May Morgan, Mr. Bill Alexander, and Mr. Bobby Pittman, distinguished citizens of Meriwether County, 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. WEDNESDAY, FEBRUARY 2, 1938. 1041 SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, FEBRUARY 2, 1938. 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. W. W. Rinner of Atlanta. Senator Lindsav 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 Harrison of the 17th 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, following the first part of the period of unanimous consents, the following be established as the order of business of today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading of House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. 1042 JouRNAL oF THE SENATE, The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the reqms1te constitutional majority the following resolution of the House, to-wit: By Mr. Sutton of Wilkes- House Resolution No. 166. A resolution requesting His Excellency, Hon. E. D. Rivers, Governor of Georgia, to address a meeting of the House and Senate at eleven-thirty A. M. and that the House and Senate do meet in joint session for such purpose. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Mr. Preston of Bulloch- Hause Bill No. 112. A bill to be entitled an Act to make appropriation for the operation and maintenance of the State Licensing Board for Contractors; to suspend operation of Act providing payment of revenue collected by said Board to State Treasury; and for other purposes. The House has agreed to the Senate substitute to the following bill of the House, to-wit: By Mr. Thomas of Chattooga- House Bill No. 196. A bill to be entitled an Act to be known as "Revenue Act to Control Alcoholic Beverages and liquors," to provide for a tax on alcoholic beverages and spirituous liquors not now taxed, and for the control, manufacture, importation, distribution and sale in certain counties of such alcoholic beverages and liquors, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: WEDNESDAY, FEBRUARY 2, 1938. 1043 Mr. President: The House has passed by the requisite constitutional majority the following bill and resolution of the House, to-wit: By Mrs. Mankin and Messrs. Kendrick and Hastings of Fulton- House Bill No. 531. A bill to be entitled an Act to amend sub-paragraph 8 of Section 24-2715 of the Code of Georgia of 1933 by providing that in counties of 200,000 or more the clerk may provide a suitable cross-reference card index system, and for other purposes. By Messrs. Lanham, Keel, and Davis of Floyd- House Resolution No. 156-528a. A resolution to relieve Mrs. Ida Lesser of Floyd County of liability on a criminal bond, and for other purposes. The following resolution of the House was read and adopted: By Mr. Sutton of Wilkes- House Resolution No. 166. A resolution providing for a joint session of the General Assembly at 11:30 o'clock A. M. today for the purpose of hearing a message from His Excellency, the Governor. The following resolution of the Senate was introduced and read: By Senators Atkinson of the 1st District, Purdom of the 46th District, Lindsay of the 34th District, Sutton of the 47th District, Phillips of the 29th District, Jackson of the 14th District, Shannon of the 21st District, Aultman of the 23rd District, and Spivey of the 16th District- Senate Resolution No. 63. A resolution requesting members of Congress from Georgia to vote against any measure which may tend to reduce the Federal Allotment of funds for highway construction in Georgia or other States, and for other purposes. Senator Flynt of the 26th District moved that Senate Resolution No. 63 be tabled and the motion was lost. Senate Resolution No. 63 was adopted. 1044 JouRNAL oF THE SENATE, The following bills of the Senate were introduced, read the first time, and referred to the committees: By Senator Whitehead of the 30th District- Senate Bill No. 141. A bill amending the Act incorporating the Town of Hartwell, and all Acts amendatory thereto by authorizing the governing authorities of said city to enact zoning laws, and for other purposes. Referred to Committee on Municipal Government. By Senator Pope of the 7th District- Senate Bill No. 142. A bill amending the Corporation Act approved January 28, 1938, with reference to the chartering and empowering of corporations, and for other purposes. Referred to Committee on Corporations. The President named as a committee on the part of the Senate to escort His Excellency, the Governor, to the Hall of the House of Representatives for the joint session at 11:30 o'clock A. M., the following members of the Senate, to-wit: Senators McCutchen of the 43rd District, Turner of the 35th District, and Brock of the 37th District. The following Conference Committee report on Senate Bill No. 49 was read by the Secretary: Mr. President and Mr. Speaker: We, your Conference Committee, duly appointed to confer upon the House Amendments to Senate Bill 49 have held a conference, and after considering the House Amendments to Senate Bill 49 we have agreed upon the following report: (1) The Senate recedes from its objections to the amendment by Harris of Richmond and others, striking the words "by and with the approval of the Governor" in Section 3. (2) The Senate recedes from its objection to the amendment by Harris and others amending Section 2 of said bill, and WEDNESDAY, FEBRUARY 2, 1938. 1045 substituting a provision for the appointment by the Governor of the present Prison Commission for a term of six years from the date of the passage of this Act. (3) The House recedes on its amendment to Section 4 which sought to strike the word "unanimous" and substitute the word "majority." (4) The Senate recedes from its objection to the House Amendment striking Section 5 and substituting a new section therefor. (5) The Senate recedes from its objection to the amendment by Parker of Colquitt striking Section 6 in its entirety. (6) The Senate recedes from its objection to the House Amendment adding a new paragraph, providing that no member of the General Assembly shall be appointed in a position created by this bill. (7) The Senate recedes from its objection to the House Amendment by Bennett of Ware adding a new paragraph fixing the effective date of the Act as February 15, 1938. We recommend that this our report on the above Senate Bill 49 be adopted. Respectfully, PARKER of Colquitt, BENNETT of Ware, SMITH of Henry. On the part of the House. LINDSAY of the 34th District, PuRDOM of the 46th District, KIMBROUGH of the 25th District. On the part of the Senate. The hour of 11:20 o'clock A. M. having arrived the President, accompanied by the Secretary and members of the Senate, 1046 JouRNAL oF Tl:IE SENATE, proceeded to the Hall of the House of Representatives for the joint session. The joint session of the General Assembly was called to order by Han. John B. Spivey, President of the Senate. House Resolution No. 166, providing for the joint session, was read by Han. John W. Hammond, Secretary of the Senate. His Excellency, the Governor, and the distinguished committee of escorts were admitted to the Hall of the House and were seated on the Speakers stand. Han. John B. Spivey, President of the Senate, presented His Excellency, the Governor, who delivered the following address: February 2, 1938. 11:30 to 12:30 Noon MR. PRESIDENT, MR. SPEAKER, LADIES AND GENTLEMEN OF THE AssEMBLY: On November 22 I gave you the legislative and administrative status of our state government and my recommendations for the enactment of certain legislation at this special session to conclude carrying out the program of the Democratic Party of the State as set forth in the several planks of the platform adopted at Macon, Georgia, October 7, 1936. You have worked diligently and faithfully toward accomplishing this important end and have passed some of the most progressive legislation at this special session ever enacted into law in the history of our great State. In this message I want to analyze the results of your labors thus far and to make recommendations for the completion of your work and the speedy conclusion of this session. The people and the press of the State have been appreciative of the fine work you have been doing and your session thus far has met with uniform praise and commendation. I have the feeling, however, that the people properly wish, as I do, and as I am sure you do, that you finish your labors at the earliest possible moment and bring about sine die adjournment promptly within the next few WEDNESDAY, FEBRUARY 2, 1938. 1047 days. It is my hope that this message may be of some assistance to you in doing so. As I told you in my previous message, I want to raise only sufficient money to pay 100% the appropriation bill passed at the regular session, with only two exceptions, these exceptions being: furnishing money to pay teachers for the approximately two hundred thousand school children placed in school this year through the free school books, which we had not fully anticipated; and, to care for the building program of the eleemosynary institutions. In order to pay the appropriation bill in full we all recognize now, as originally, that it is necessary to revise our tax system. This session was called primarily for that purpose. All of us recognize that a revision of taxation affects vitally the financial interests of various individuals and groups of our citizens. \\'e know that attendant upon tax revision is an everpresent conflict of opinion, propaganda of reactionaries and lobbying of special -interests. We know that the State is flooded with misrepresentation, misinformation and propaganda, stressing the burdens of taxation. On Thanksgiving Day I received the following telegraphic message from Honorable George Foster Peabody, of \\'arm Springs, Georgia: "Our State has profound reason for Thanksgiving. After decades of wallowing in compulsory ignorance an education Governor, a second Oglethorpe, has broken the chains welded from the sweat of labor and opportunity is afforded the bright Anglo-Saxon minds of the recovering empire state of the south. \\'e give thanks especially for the knowledge of the companioning soul leading onward and upward, the everlasting womanly as Goethe so eloquently phrases it. The future is bright with promise. My eighty years of continued thinking and over seventy years of experience in school, church, social, business, political activities from top to bottom convince me no instrument is so surelv wise as taxes, even when Tammany in New York and Cox in Cincinnati have bedevilled them to the extreme. You are using them to the highest level; the best of all crops; as Utah 1048 JouRNAL OF THE SENATE, advertises; sons and daughters of the Almighty-cast aside fear which always hath torment." Everybody who knows Mr. Peabody admires him and respects his judgment and opinion. I have not seen him in years and his telegram came to me unsolicited and as unexpected as a bolt of lightning from a clear sky. I read it and reread it many times. I pondered the very striking statement he made about taxation' being a blessing. As I have rolled that statement over in my mind it has impressed me more forcefully the more I have thought about it. And I believe it well that the Assembly and the people ponder this thought. \Vithout taxation we would have no schoolhouses, no school teachers, no university system, no courts, no eleemosynary institutions, no penal institutions, no police protection, no highway systems, no health work, no government of any kind. Without taxation only those who are rich could have their children taught; the masses of our people would be ignorant and illiterate. Without taxation we would have no insane asylums, and these unfortunates would be in homes and communities as a depressing influence, without proper care and treatment, with those who are violent hazarding the lives of those with whom they come in contact. 'Without taxation criminals would roam at large, pillaging and killing. Without taxation our lives and property would be at the mercy of the unscrupulous strong. \Vithout taxation we could have no government, no society, and anarchy would prevail. Without taxation our aged and our needy would starve. Who would want to live under such conditions? Taxation is indeed a blessing, a wise instrument. Taxation has its counterpart in nature. Through the process of evaporation the hydraulic power of the sun reaches out upon the oceans and lifts millions of tons of water from the sur(ace of all the seas up to the loftiest clouds. The days may be as peaceful, the oceans as tranquil, the sky and air so still as to suggest a monastery sleep, and yet through the machinery of sunshine a supply of water is constantly carried into the skies. Tempests may lash the seas to insurrection till continents quiver and not a single ship survives, yet never does the gossamer enginery of the sun suspend and the rebellious torrent rises at its touch to mingle WEDNESDAY, FEBRUARY 2, 1938. 1049 obedientlv with the utmost skies. Then the water descends again as ~ain, as mist, as snow, to refresh the earth, keep alive man and beast and fowl. The water then, through branches, creeks and rivers, flows back into the ocean. Not a drop less water exists than at the start. Except for the process of evaporation the water would remain in the seas, the oceans themselves would become stagnant and everything on earth would perish. Yet through the process of evaporation the water makes its rounds from ocean to sky and back to earth and into the ocean again, and in the rounds it keeps crops growing, factories turning, people and all that live supplied. As with evaporation so with taxation. Through the process of taxation millions of dollars of money are lifted from the channels of business and trade and brought up into the state treasury; the money then descends into governmental services and benefits and is spent back into the channels of trade and business. Not a dollar of it is lost or destroyed. Every dollar that is brought up into the treasury by taxation from business goes daily back into the channels of trade and business. Through taxation, in making the round from business and trade up in to the treasury and back again into the channels of business and trade the money is used to educate boys and girls, pay teachers' salaries, pay for health work, take care of our insane, our tubercular, our deaf, our unfortunates, our moronic children, our blind, our aged, our crippled, our peace officers, our courts, build our highways, and performs governmental services and gives benefits to our people that only the wealthy could otherwise have and the poor would be denied. Even the wealthy could not buy, if they spent all their wealth, the benefits taxation brings them. When Henry Ford makes trips about the country, the highways and bridges he uses, built by taxation, the officers and courts that protect him on his trips, all furnished through taxation, total more than his entire fortune could buy. Except for the round the money makes through taxation, business and trade would become stagnant, society and government would perish, and people could make no progress. Taxation is indeed a blessing. Money in circulation makes prosperity; money hoarded creates depressions. \Vhen plenty of money is 1050 JouRNAL OF THE SENATE, in circulation land values increase, better wages are paid, commodity prices are enhanced. Slow down the acceleration of the turnover of this money, and values drop, commodity prices drop, wages drop. Circulation of money is the blood stream of business. Money plus the acceleration of its circulation and turnover makes prosperity. The more money constantly kept in circulation through taxation and governmental services and benefits, so long as it is economically and efficiently expended and not wastefully and extravagantly used and so long as it is not dissipated, thereby destroying values, taxation is a blessing. If the withdrawal of water through evaporation was concentrated at too few points, so as to dry up the source, it would be bad; but so long as it is widely distributed it is good. When taxation is concentrated at a point too narrow, where its withdrawal dries up the source, it needs revision to properly distribute the withdrawal. The problem of tax revision is that where the burden of withdrawal is too heavy to lighten it, and where it is too light to increase it. The purpose of this session has been to revise the system of taxation so as to more properly distribute the withdrawals, and to raise adequate revenue, to properly support essential governmental services. HOME AND HOUSEHOLD AND KITCHEN FURNITURE EXEMPTIONS One point at which we found taxation making too heavy withdrawals, so as to dry up and confiscate the source from whence it was being withdrawn, was on homes and household and kitchen furniture. You have remedied this by the enactment of home and household and kitchen furniture exemptions. Had you done no more, this session would have been worthwhile. Without these quiet cottages, which you have exempted from taxation, and the social structure they maintain there would be no freedom worthy of the name, no progress worthy of the effort, no republic fit for preservation. The home is the unit of society, the foundation of government, the comfort and the crown of life. It precedes every form of social structure. When the first mother gave the first life from her own the first home began. When her first kiss greeted the newborn being fresh from God the home became the echo and the mirror of a celestial realm. WEDNESDAY, FEBRUARY 2, 1938. 1051 From that far distant hour until this very time the spot most sacred in any age or zone has been the home. When the thought and effort of the people are combined in a common cause to protect, maintain and expand the home, it awakens a new period of patriotism and a new era of brotherhood. Arms that are raised to strike_ will be extended to embrace. Lips that utter sentences of hate will speak messages of love. Hearts that surge with anger will beat in unison. This Assembly, through its home and household tax exemptions, has gone a long way toward the preservation of the family and the salvation of the home. The influence of the home is the influence of love, and love is the silent force that lifts humanity ever upward. By your act in relieving the homes from taxation, Georgia will anchor its people on their own little plots of land; and the hillsides and valleys of this great State will light the nights aglow with glimmering fires, signalizing love, shining from hearthstones of little homes. Yes, the tax exemption of home and household within itself is real tax revision. INTANGIBLE TAX ACT The passage of the intangible tax act is real tax revisiOn. You cannot have proper enforcement of your tax laws when they are so impossible of enforcement and unjust that they make tax liars of the people. The lack of an intangible tax law has caused our people to become hypocrites and involuntary liars about their taxes. With this kind of psychology it has been well nigh impossible to build a respect and obedience for tax laws whereby those laws which are fair could be reasonably enforced. For more than twenty years it has been common knowledge in the State that an intangible tax act is essential to a proper and workable tax system. Intangibles are not held alone by the rich, but many of the great middle class of our people hold small investments in this class of property. The old system caused them to hide out this class of property and to lie about it. Thus the decaying influences of hypocrisy and untruth have been constantly breaking down the tax character of our people. 1052 JouRNAL OF THE SENATE, You had the courage and the intelligence to pass an intangible tax act. True it is, you have not gone the full length of classfication in the intangible tax act in that you have not yet classified unsecured notes, accounts and chattel mortgages. However, you have passed the basis of a law and have opened the door for a completion of an intangible classification on the basis of our experience with it, which is so necessary to have, in finally perfecting such legislation. Had you done no more at this session in tax revision than the passage of the intangible tax act, the session would have been worthwhile. It will bring upon the digests millions of dollars of property heretofore secreted, from which no returns at all were received, and will bring into the treasury (state, county, city and school) funds heretofore denied them. It will also make for tax honesty. LICENSE TAX ACT Our motor vehicle license acts had inequities, InJustices and inconveniences in them. The people wanted a revision of the maintenance tag act and the motor vehicle license tax act, and the two acts combined. You have written into law a unified motor vehicle license tax act that is already meeting universal approval at the hands of the people. In doing so you have preserved funds for use in the rural route road program. In this act you have both satisfied the people and preserved funds for this important service. You have also made provision whereby, I feel, we can be relieved of the federal penalty lodged against us because of the diversion of the funds from the Highway Department by the last administration. There is pending a bill, now in conference, authorizing the Highway Department to devote other funds to the rural route program. I urge that you have a report of your conference committees and finally enact this legislation without delay. INCOME TAX Our income tax law had certain inequities in it; specifically: (1) Our taxpayers were not given a deduction, in arriving at WEDNESDAY, FEBRUARY 2, 1938. 1053 their net income, for the federal income tax they were paying. This caused them to pay twice on the same money, which was unfair. You have remedied that in the future at this session. (2) Georgia corporations were paying double and treble tax on dividends they paid to each other. You have remedied that so that we now tax the dividends only once. (3) The requirements of the payment of a fee in filing the returns as a minimum tax, regardless of whether the taxpayer was liable for an income tax or not, was unjust. You have remedied that. You have made the income tax law of the State one of the best in the entire country. It may need further slight revision on the basis of our further experience with it, but you have done a good job of perfecting it on the basis of our experience with it to date. With the enactments you have made relating to the income tax, and with the intangible tax act, you have put Georgia in a fine competitive tax position. We should now be able to keep the capital we have, bring back capital that has fled our borders, and attract new capital. Yet we have not made Georgia a haven of refuge for tax dodgers. \\That you have done in the revision of the income tax law alone, more than justifies this session. ENABLING ACTS You have passed enabling acts to carry into effect the constitutional amendments voted by the people. These enabling acts alone would have justified this special session. PRISON REFORM Honorable Nelson Shipp, of Columbus, Georgia, is an outstanding thinker, writer and leader of our State. I received the following wire from him, voluntarily: "Accept my hearty congratulations on passage of modern prison reform legislation. This outstanding achievement, alone, makes your administration a great one. In my 1054 JouRNAL oF THE SENATE, personal opinion results will be far reaching in effect upon crime and penal problems of our State. Moves Georgia into line of enlightened progressive commonwealths." This wire is typical of hundreds of letters and messages I have received on this subject. Georgia has been in a very embarrassing position in the eyes of the nation for many years, because of our penal situation. \Vhile reports of conditions were greatly exaggerated, the fact remains that we had a very unenviable reputation among our sister states and that there were certain conditions which needed improvement. You have faced courageously the revision of our penal system. You have passed, and are in the process of passing, a series of bills that are the result of the study of your own legislative committees, federal authorities, and the judges and solicitors of our courts. The administration of these measures will put Georgia's penal system on a par with the best in the nation; will give us a fine reputation abroad; and in a very short time a self-sustaining and constructive operation at home. Already three major newsreels (The March of Time, Paramount and M. G. M.) have sent their representatives into the State, without cost to us, and have filmed pictures they will shortly show throughout the nation, publicizing the fine work you have done and the fact that Georgia no longer need be held in disdain by reason of her prison conditions. A fourth news serialist, Pathe, called me from Washington and said they would have their representative here this week for the same purpose. These four news services will cover in their showing practically every movie-goer in the country, and it is estimated that at least 75% of the people in our country will see these pictures. This will effectively answer Burns' book" I am a Fugitive from a Georgia Chaingang," and the screen picture of the same import. It will fully counteract the unfavorable reaction incident to this former publicity. The prison program of this session alone will cause this Assembly to go down in the history of this State as one of its great- WEDNESDAY, FEBRUARY 2, 1938. 1055 est Assemblies. The prison program alone has amply justified this extra session. I want to urge that you promptly pass the remaining bills of this prison program. All of them have been passed by the Senate practically unanimously and reported out of your committees in the House in the same manner. BEER TAX ACT You have satisfactorily met the need for money to pay the teachers needed for the extra two hundred thousand children we have put in school with the free school books this year by amending the beer tax act. While 20% is a high tax on beer, it must be remembered we are levying a 20% tax on cigarettes; the new beer tax is no higher than the cigarette tax we are collecting; both beer and cigarettes come in the category of non-essentials. People can live without them. I think the people universally had rather see a 20% tax on beer than not to have teachers for these extra two hundred thousand school children. You likewise have amended the beer tax act to permit the use of these funds, in excess of those needed for the free school books, to be used for the payment of these extra teachers. If you had done no more than provided this money to pay these extra teachers, this special session would have been justified. RADIO STATION WGST We are all alert to the necessity of expanding our State radio station as a permanent State asset. At our regular session you allocated to this purpose a fund of $50,000, which you authorized to be forfeited by reason of the non-compliance of a cold storage building contract. This session the House has passed a bill appropriating this allocation so as to make it legally accessible for this purpose. I want to urge the Senate to promptly pass this bill so that we may proceed with our work in applying for a permit and arranging for the expansion of this radio station. 1056 JouRNAL OF THE SENATE, The work of this Assembly in preserving radio station WGST as a State asset, and in making possible its expansion, will in the course of years prove a remarkable benefit to the people even beyond what any of us now reasonably expect. TAX COLLECTORS The exemption acts placed our local tax collectors, commissioners and receivers in jeopardy in receiving adequate compensation to carry on efficient work. You have remedied this situation by the enactment of legislation revising their fees. The House has passed a bill for local distribution of motor vehicle tags, which will finish the job of adequately caring for the emergency of these tax officials. I trust the Senate will promptly pass this fine piece of legislation which passed the House so overwhelmingly. COUNTIES The local distribution of motor vehicle tags not only helps solve the problem of the local tax officials; it helps decentralize government and provides home administration and home convenience in buying motor vehicle tags-It does more, it carries a provision whereby the counties will have all automobiles, trucks, buses and trailers placed on their digests for ad valorem taxes. At the present time it is estimated that only about 25% of this class of property is returned for taxes. The experience of other states in requiring a compulsory return as a prerequisite for securing license plates has gained fine results and has shown a marked increase in the digest from his property. It is estimated conservatively by many local tax officials that motor vehicles placed on their digests through this bill will offset the personalty tax exemption granted by this Assembly. It is fine in tax revision because it forces a uniformity of assessment and collection of ad valorem taxes from all taxpayers liable for the tax on motor vehicles. It certainly is fair, for either no motor vehicle owner pay an ad valorem tax on his motor vehicle, or all motor vehicle owners should pay an ad valorem tax on their motor vehicles. This act should materially assist WEDNESDAY, FEBRUARY 2, 1938. 1057 many of our counties in meeting the loss of revenue from the exemptions. You have passed another act that should materially assist our counties. You have provided that the one cent a gallon gasoline tax now allocated to our counties on the basis of their State highway mileage should be paid to them monthly instead of quarterly. This should enable them to put their finances on a cash basis, discount their bills, and enjoy a saving from interest and from credit prices. Many counties have expressed to me that this monthly distribution of the gasoline tax will give them real relief. With the final enactment of the pending rural route bill, our counties will receive benefits that will assist in making up the loss through the exemptions. The policy of the highway department permits the county commissioners to designate the rural route projects for the expenditure of this money. If the counties will select for these rural route projects their bridges that are badly in need of rebuilding, and bad stretches of their rural roads that are expensive to maintain, they will receive what amounts to direct relief from the rural route program. It will then aid them materially. Many counties are already doing this. A close co-operation between the counties and the highway board will make the rural route program of real help to the counties in meeting the exemptions loss. With the passage of the pending rural route bill the highway department can immediately match the entire federal fund and will not have to wait and match it as money comes in, as was the case in 1937. The preliminary work to start the rural route program has been done, and the rural program this year should amount to $:),000,000. The federal government allotted SGHi,OOO last year, which we have finally matched through the maintenance tag collections, making a total of one and a quarter million dollars from last year, that has been set up and is ready to be spent, and will be spent this year. The federal government has allocated an additional $646,000 to the rural route program this year, which the highway department can immediately match, making a total of one and a quarter million dollars for this year, which can, and 1058 JouRNAL OF THE SENATE, should, be spent this year. This totals two and a half million dollars of state and federal matched funds to be spent on the rural route program this year. The pending rural route bill will add approximately a half million dollars more than enough to match federal aid this year, which brings the total to three million dollars to be spent in the counties on rural routes this year. The expenditure of this three million dollars this year, wisely designated by the county commissioners, will be of much benefit to them in meeting the exemptions. You have passed a bill permitting 100% of the social security benefit funds to be used to pay administrative costs. While, of course, the amount of money available for counties under this provision will depend on how adequately we finance the social security program; if we do finance it 100% this act will be of material assistance to the counties in my judgment. It must be borne in mind, however, that it will take a period of time to get the social security program functioning smoothly and normally in the counties before any real saving can be had from this item. You have passed an enabling act permitting the counties to levy social security taxes and to levy taxes to pay home demonstration and agricultural agents. \Vhile these two measures do not help the counties in meeting the exemptions loss, they do help the counties' fiscal situation by providing absolutely legal machinery to carry on these county governmental services, and in that manner these measures are of fine help to the counties. You have passed a number of permissive highway mileage acts, permitting the highway department to add additional highway mileage to the highway system. While these acts will not be of general help to the counties in that there is only one cent a gallon of gasoline tax to be distributed among the total mileage in the system so that when you add a road to the system for one county, you automatically reduce proportionately the gasoline tax to other counties. Nevertheless, some counties have less state road mileage than their just share and, for that reason, do not receive their just part of the gasoline tax distributed from the one cent a gallon and do not receive their just share of maintenance of these highways. WEDNESDAY, FEBRUARY 2, 1938. 1059 The passage of these permissive acts, together with the permissive acts passed at the regular session, put the highway department in a position to judicially allot some of this mileage to the counties that are at a disadvantage, and help them and, at the same time, not do a great deal of injustice to other counties that now have proportionately more than their share of the gasoline money and maintenance. This will furnish a measure of relief for some of the counties and will assist them in making up their exemption losses. The Intangible Tax Act will give many of our counties additional funds with which to meet the exemption losses. All these acts, together with the county contract policy of the highway department, constitute the program of relief for the counties which I felt the counties could be given this year while accurately determining their needs on the basis of actual experience with the exemptions. The effects of the exemptions on each county cannot be accurately known until the end of this year. Whatever the counties lack of having their needs met we will know by January 1st. If these measures do not furnish them adequate relief, the regular session in 1939 can shape legislation to meet their varying needs on the basis of established facts, while this legislature can only seek to forecast these needs on the basis of estimates and prophesies. It must be borne in mind that the counties can still levy taxes on homes to pay bonded indebtedness, and in many counties this is a considerable item. I have been of the opinion that these measures would be sufficient for the time being and that we could safely await the regular session and then intelligently provide for the permanent program of the counties. From a canvass made of the representatives of the various counties, I am told that about half the representatives here say that their counties can function all right. However, there are some counties that say they cannot function satisfactorily with the exemption loss despite these measures. I am, therefore, willing to cooperate with you in furnishing additional money to them, if you see proper. I cannot, however, agree to a diversion of any of the gasoline tax from the State Highway Department, because it would jeopardize our federal money and would seriously cripple the 1060 JouRNAL OF THE SENATE, highway department in carrying out its functions for the State Highway System. I think, therefore, it would not be to the best interest of the people, or the counties, to make this diversion. Especially those counties that have been neglected heretofore. I shall make further reference to this subject before concluding my message. CONFEDERATE WIDOW'S PENSIONS For years there has been a movement on the part of the United Daughters of the Confederacy, the Sons of Confederate Veterans and many other organizations for widows who married subsequent to 1881 to be paid confederate pensions. You have provided for them to be paid $30.00 per month and furnished financial security for these fine people who rendered service to Georgia during the reconstruction period. By this act you not only discharged an obligation most of the people of our state felt we owed to this class of our citizens but you have made happy hearts of some fifteen hundred of these old people. For this splendid, patriotic and humanitarian service this Assembly is to be commended. LEGISLATIVE POWER Thomas Jefferson said the ideal system under a Demoratic government would be for the representatives of the people to be in session all the time. He meant by this statement that of the three branches of government that the legislative branch is the most important to the people and, if any branch should take precedence, it is the legislative branch. The tendency in recent years in Georgia has been toward a restriction of the legislative branch of the government and a building up of a stronger executive branch of the government. The executive branch of the government stays in session all the time. The judicial branch stays in session at its will. But there has constantly been built up a throttling of the legislative bran'ch in Georgia. When this administration came into office the Assemblv had been reduced to a meeting once every two years and to ~n impotency to meet in an emergency when it was necessary to do WEDNESDAY, FEBRUARY 2, 1938. 1061 so in the interest of the people. You have passed an enabling act at this session that enables the Assembly to convene itself in emergencies where the chief executive fails or refuses to do so. This is a strikingly strengthening of the legislative branch of the government. It gives a protection to the people from a chief executive running riot with their rights that will be not only a deterring influence on ruthless chief executives in the future but will enable the legislative branch to function effectively for the people when necessary. If this special session did no more than to strengthen the position of the legislature in the functioning of the governmental affairs of the state, it would be tremendously worth while. I am very anxious to strengthen the legislative position at every possible point. There is now in the House a bill passed by the Senate, making it mandatory that all statutory appointments by the Governor be submitted to the Senate for confirmation. This is a further strengthening of the legislative position. No governor should make appointments in the State government, fixed by law to be made by him, who cannot run the gauntlet of investigation by the people's representatives in the State Senate. No governor should want appointees filling places in the government who can- not withstand the searchlight of Senate confirmation as to their character, ability and patriotism. This bill will place in the hands of the Senate an effective weapon against types of appointees with whom the State has had a disastrous experience in the past. Lest it be thought that I want, by this legislation, to put a control over future governors that I am not willing to submit to during my term of office, I have asked that a provision be written into the bill, making it apply as of January 1, 1937, so that all of my appointees made under the responsibility of the statutes be subject to like confirmation. I urge the House to pass this bill in its present or some amended form, because I believe it is an essential strengthening of the legislative functioning toward efficient and wholesome government for the people of the State, 1062 JouRNAL oF THE SENATE, SOCIAL SECURITY You have very properly passed legislation relieving the necessity of applicants for old age pensions to sign a lien upon their property. While this provision had to go into the original act pending a demonstration of our ability to administer our social security act under requirements of the federal government; our administration of social security has been such that this requirement has been lifted, and the legislation you have passed striking it from the law will meet the general approval of the people. At the time we passed our employment insurance compensation it was necessary that we provide that benefits start January 1, 1939. This was because the federal law provides that two years' collection of tax must be made to build up a reserve fund before benefits are started. The federal government had collected the payroll tax in 1936 because our law was not written until 1937, and at the time of the regular session we did not know whether or not we would get returned to us these 1936 collections. Therefore, we had to base our law accordingly. Since then the national congress has provided for a return to us of these 1936 collections, so that we now have two years of the payroll tax for our reserve. Yo~ have, therefore, very properly provided that we can start paying benefits under the unemployment compensation provision beginning July 1, 1938. There remains a technical provision to be cleared up with the national administration, in that the national act provides that the state itself must have been making these collections for two years. It is questionable, therefore, as to whether or not we can count the 1936 collections made for us by the federal government in reckoning our two-year period. There is an amendment to the national social security act pending in congress reducing the requirement from two years to one, which, if passed, will enable us to function under the amendment you have passed. I have every confidence congress will pass this amendment, since it is recommended by the social security board and leaders who have been interested in social security legislation. Of course, this amendment you are passing cannot take effect unless the congress passes the amendment to the national law, or we can get some plan worked out with the federal government in lieu of the amendment, but you have at WEDNESDAY, FEBRUARY 2, 1938. 1063 least done your part on providing the necessary legislation, and you are to be commended strongly for doing so. This will not only relieve much suffering among our employed, but will put money into circulation, which will help people and business generally in the State. Under the original social security act, passed at the regular session, we did not provide assistance to crippled children. This was because we did not know whether or not we would be able to take this feature of the social security program. We found that the demands for assistance to crippled children were so great that we should include aid for them in our program and match federal funds for this purpose. You have amended our social security act so as to enable benefits for this class of our unfortunate p~ople. Hundreds of crippled children will, therefore, be benefited and they will ever bless the name of this Assembly. MISCELLANEOUS PROGRESSIVE ACTS You have passed some very progressive legislation of a miscellaneous nature that will contribute to the progress and be attractive to the expansion of business in our State. The building and loan enabling act will enable these institutions to operate in the State, and give our people full benefit of the federal housing act. It will result in construction and repair of homes by our people and, coupled with the home exemption act, should make for a marked increase in ownership and occupancy of homes. I predict that with home exemption, the federal housing act and the building and loan association act you have passed, together with the liberal feature of the intangible tax act, as applied to homes up to $5,000, that there will be a building program in this State which in a few years will place Georgia among the first states in the nation in percentage of owneroccupied homes. This is devoutly desired because Georgia now ranks last in home ownership. 52% of our farmers are landless. Georgia ranks second among the states in farm tendency, and 37% of farm land occupied by owners is mortgaged. You have passed a corporation charter act that simplifies the obtaining of charters and makes available information about corporations at a central office in the State Capitol, the Secretary of 1064 JouRNAL oF THE SENATE, State's office, and makes possible the merger of corporations. This gives Georgia as favorable a corporation law as any state in the Union. No longer can there be any excuse for business groups to obtain their charters in Delaware or Florida. The simplicity of the act will enable lawyers in the rural sections and small communities to represent corporate clients efficiently on a par with those having more extensive libraries in the urban centers. This bill is a boon to business. It is a progressive step for which you have been widely commended by the press. The House has passed a uniform warehouse act that will give our farmers and naval store operators a more liberal line of credit at a lower rate of interest, and will otherwise simplify and facilitate the storing and handling of agricultural products. Heretofore many of our naval stores operators have had to store their products in adjoining states by reason of lack of such legislation in our own State. This has entailed an expense to our people and a loss of business to our State. I urgently recommend that the Senate promptly pass this important piece of legislation for the benefit of the agricultural interests of our State. There are other agricultural bills sponsored by the State Department of Agriculture that should be passed in my judgment. You have passed legislation to permit insurance companies to invest in building and loan companies. This will furnish wider capitalization of these business institutions and will furnish a larger flow of money for the building of homes. It should be a fine stimulant to home building. You have also provided for a simple and effective procedure for incorporation of timber protective associations. The vast timber lands of this State constitute one of the greatest assets of this State. Our timber resources are becoming more valuable as Doctor Charles H. Herty in his research work has opened up wider uses for timber products. This act, fostering and encouraging the organization of timber protective associations, is most progressive indeed. You have passed a constitutional amendment to permit counties to include in their tax levy an itern for the protection of timber. This is a progressive amendment and is very much needed and wanted by many of our counties in the timber belts. WEDNESDAY, FEBRUARY 2, 1938. 1065 I commend you for submitting this amendment to the people so those counties who desire to engage in this fine work may be in position to do so. The Senate has passed, and there is now pending in the House, a bill providing for the perpetuation of the work of Doctor Herty. It provides for the creation of a Herty foundation and gives an opportunity for our sister southern states to contribute to this work. The State has already been contributing to Doctor Herty's work and now owns considerable property in the Herty laboratory. I understand that the value of this property is about $150,000. The Chemical Foundation that has been contributing to Doctor Herty's work has discontinued its contribution by reason of the death of its President and the expiration of some of its charter provisions. The condition of the Chemical Foundation is such that Doctor Herty has been advised that he cannot expect any further help from this source. Many of our sister southern states are receiving the benefits of Doctor Herty's researches. Millions of dollars of investments in pulp mills have been made in these states. A canvas of these states indicates a willingness on their part to contribute to the future wbrk of the Herty Laboratory in the event a proper legal setup is made and provision is had whereby they may be represented in an advisory capacity. The pending bills, if passed by the House, will accomplish this end. The work of Doctor Herty has given Georgia credit for another important discovery, of which our State is justly proud. It has enabled the attraction to our State of millions of dollars in industry and the giving of employment to thousands of our people. There is the problem of so regulating the cutting of our timber by these pulp mills as not to denude our lands. This problem is being studied and, when solved, (as it will be) will eliminate this objectionable feature of these mills. Doctor Herty is now in the midst of finishing an experiment by which he will in all probability develop a practical means of utilizing gum trees in the making of paper. He tells me that his experiments should, and he believes will, open up the manufacture of newsprint mills, whereby there will be two newsprint mills for every paper mill now located in the South. 1066 JouRNAL oF THE SENATE, I urgently recommend that the House complete the passage of this bill providing for the Herty foundation. In this connection it is essential that Doctor Herty's work not stop pending the organization and functioning of the foundation supported by all of these southern states. The operation should have an annual support of $100,000 per year. It will take a few months to get the foundation organized and money paid in by these other states. In the meantime he needs financial support to carry on his work. The House has passed a bill to appropriate $20,000 to Doctor Herty. The vast benefits flowing from the appropriations we have made to him in the past causes me to urge that the Senate pass this appropriation bill to give to the Wildlife Division the funds of the Contractors Board not needed for the operation of the Board, which by inadvertence was left unappropriated at the regular session. The purpose of this is to enable the 'Wildlife Division to clear up its debts left over by the last administration and give it a full opportunity to function in conservation of the game and fish resources of the State. I recommend that you amend this bill and appropriate the excess fees now on hand of the Contractors Board, not necessary for the operation of the Board, to the Natural Resources Department to be used jointly to pay the $20,000 appropriation for Doctor Berty and the debts of the Wildlife Division, and provide that funds from these fees be allocated to the Natural Resources Department, to be divided between the divisions of Wildlife, Forestry, Geology, and Parks, proportionately. This revenue comes from fees paid by Con tractors and not from the general treasury. It represents at present unappropriated revenue in the State budget. I believe that it can, without objection from the source from whence it comes, be properly utilized for our Natural Resources Department, which is sorely in need of funds. In this same connection there is pending an appropriation of $100,000 to be used as a revolving fund by the Parks Division. This money will merely be set up in the State treasury to permit the Parks Division to use it in building cabins at our State parks for rent to our own people and to visitors to our State. The . WEDNESDAY, FEBRUARY 2, 1938. 1067 rents will be back into the revolving fund and there will be no loss to the treasury. The Parks Division was able to rent cabins it built last season the entire season for enough to practically pay for each cabin during the season, and had to turn down hundreds of requests for rental of cabins. It seems, therefore, a wise thing to do to make available this revolving fund that will permit them to build a few cabins each season and pay the money back at the end of the season in rents. While I realize that this is no time to make extra appropriations, I do believe that the comparatively nominal amount involved in the Herty and Natural Resources appropriation from contractors fees, and having available these fees that can be devoted to these purposes, justifies me in urging these measures; and the benefits from the revolving fund in opening up opportunities for recreation for our own people and attracting visitors to our State, especially in view of the fact it does not involve any loss in funds, justifies me in urging this revolving fund for our Parks Division. BUILDING PROGRAM FOR ELEEMOSYNARY INSTITUTIONS The eleemosynary buildings are a source of much anxiety to this administration. Past administrations have permitted these buildings to go without repairs and without proper expansion and have just handed them over into the laps of the next administration so long that I fear this administration will not be able to pass them into the laps of the next one, even if we so wanted. Besides this, there is no inclination on my part to shirk any responsibility toward these eleemosynary institutions. While the insane asylum is the most pressing problem, the school for the deaf at Cave Springs is in just as bad condition and the need for expansion at Alto is just as urgent from the standpoint of meeting the overwhelming demands to care for tubercular sick. At the regular session we allocated funds from the Chain Store Tax Bill to go for this purpose but we omitted to appropriate these funds. You have an appropriation bill pending to cure this technicality. I trust you will pass it. 1068 JouRNAL OF THE SENATE, The House has passed a bill amending the chain store tax. I understand there is some difference of opinion in the Senate about it. I urge the Senate to complete the amendment of the Chain Store Tax Act in some form immediately so that any differences may be worked out as promptly as possible in conference. This will make available to the building program a sum that can only be estimated after final passage of the amendment to the Chain Store Tax Act. There is pending in the House, already passed by the Senate, a bill known as the debenture bill, providing for the use of the anticipated money from the chain store tax a year in advance for buildings for the eleemosynary institutions. I trust the House will promptly pass this so as to put us in position to immediately use this allocated money. Whether this will give enough money to meet even the most pressing needs, I doubt. It will, however, furnish a measure of the needed relief. In addition to the foregoing I recommend that you authorize the discount of \V. & A. rentals, provided we can receive a satisfactory offer for their discount, for the purpose of assisting with these eleemosynary building needs. I do not want to discount the W. & A. rentals if we have to take too much less in doing so. The market, since I have been Governor, for the discount of these rentals, has at intervals been good and at intervals been bad. At the moment the market is not good. It may be that we cannot afford to discount them at all but if we should have a favorable market for them, and the needs at the institutions demand, I would like to be authorized to make the discount and supply the needs. I have been reluctant to recommend a discount of the W. & A. rentals. Other administrations have discounted them for operating expenses. I doubt very seriously the wisdom of discounting them even for capital investment. But a building emergency such as exists at the eleemosynary institutions, and which would be a capital investment, may warrant a discount of a sufficient amount of these rentals to meet these building emergencies, provided we do not have to take too heavy a loss. Since the discount of these rentals for operating expenses has been approved heretofore, it seems in WEDNESDAY, FEBRUARY 2, 1938. 1069 order to ask permission in such an emergency as we have at our eleemosynary institutions, to ask permission to discount these warrants for capital investment in buildings. OTHER NEEDS Having met the need of the extra school teachers for the extra two hundred thousand children through increasing the beer tax, and having to an extent met the eleemosynary building needs when you have carried out the foregoing recommendations in that behalf, and having met the Berty and Wildlife situation and the Parks emergency, if the foregoing recommendations are carried out, we then reduce our fiscal problem down to the question of paying 100% the appropriation bill passed at the regular session. NEED IMPERATIVE I urge you to provide funds to pay this appropnatwn bill 100%. The bill is reasonable. The total of our regular appropriation bill is $20,000,000 less than the budget of the State of Alabama. It is less than the budget bill of every adjoining State, except South Carolina, and almost identical with South Carolina. The ability of the people of Alabama to pay for governmental services is less than the ability of the people of Georgia to pay for governmental services, in that we have more people and a larger total annual income. Certainly it is not unreasonable to ask a budget of governmental services for Georgia $20,000,000 less than Alabama. The total income of the people of this State is larger than most of our sister states, and is practically double that of South Carolina. When our budget is only the same in amount as the budget of South Carolina, a State with only about one-half of our total State income, certainly it cannot be said that the budget of Georgia is unreasonable. Our budget calls for only a seven-months minimum term of school when everyone knows that children should go to school nine months. Certainlv to ask for a seven-months term of school, when we should have nine, is not unreasonable. We are giving to the support of our common school system $9,637,000, the average amount given in support of common schools 1070 JouRNAL OF THE SENATE, from the State Treasury by States adjoining us is $11,738,555. Georgia's social security program calls for less than $10.00 per month average in old age pensions, instead of $30.00 per month. Certainly this is not unreasonable. Georgia's other features of social security are about one-third of the maximum; therefore, it cannot be said our social security program is unreasonable. Our present social security program paid in full will not cover much more than one-half the applicants who need it, even at the one-third of the maximum benefit each. Our Social Security Program is nearly a half million dollars less than our smaller sister state of Florida; certainly ours is not unreasonable. Our health program is much less than our needs. If paid in full, it would be $600,000. The Atlanta Constitution, known throughout the country as one of the most conservative papers in the south, and indeed one of the most conservative in the nation, said editorially long ago, as have other leading dailies, that we should have one and a half million dollars of state appropriations for public health. Certainly, if a conservative estimate of our needs for public health is one and a half million dollars, it cannot be said that we are unreasonable when we ask for slightly more than one third of that amount. Especially is this true when we apply it to the health of the young in our State. One third of all deaths occur in Georgia by the end of school age. The economic loss thereby is tremendous. One out of every eight babies born in Georgia never lives to see a birthday. 40.7% of all babies in Georgia in 1936 were born without medical assistance. Dental disease is the most universally prevalent of all diseases in Georgia, and yet the payment of the appropriation to public health work in full barely touches relief from these diseases. The benefits to our people from the expanded public health program are already demonstrating vast results. A few random facts in comparison may be helpful. Comparing the last six months in 1937, with our new health program in effect, limited though it has been in proportion to our needs, to the last six months of 1936, shows that we reduced many diseases tremendously. WEDNESDAY, FEBRUARY 2, 1938. 1071 We reduced during this period: Diphtheria ....................... 17% Dysentery ........................ 80% Influenza ......................... 46% Malaria .......................... 95% Pneumonia ....................... 32% Infantile paralysis ................. 71% (in cooperation with Warm Spring's Foundation.) Scarlet Fever ..................... 45% Tuberculosis ...................... 9% (small percentage of reduction of tuberculosis in comparison with other diseases due to lack of facilities at Alto) Typhoid Fever.................... 33% Typhus Fever .................... 29% Maternal deaths. . . . . . . . . . . . . . . . . . 9% Infant deaths ... : ................. 17% There were a total of one thousand less deaths from communicable diseases during the last six months of 1937 compared with the last six months of 1936. These reductions have been brought about by reason of activities made possible by the increased appropriation to the Department of Public Health. During the last six months of 1937 there were 26% more immunizations given for small pox, 44% more immunizations for diphtheria, and 37% more immunizations for typhoid than during the last six months of 1936. During the same period above stated 88% more expectant mothers received health service and guidance than during the same period of 1936. We should certainly pay our public health appropriation in full and, when we have done so, we will have furnished only slightly less than one third of the funds estimated to be needed. 1072 JouRNAL OF THE SENATE, \Ye are g1vmg to the support of our University system only $2,080,000; compared with the support given by our smaller sister southern state of Alabama, of S2,38:J,901. Certainly it cannot be said that our support is unreasonably large. You passed a stabilization fund bill, which is of assistance in maintaining money in the treasury with which to make budget payments during the lean periods of the year with money tolled from the fat periods. Nevertheless, it about evens itself up at the end of the year and is of no benefit in the total final annual payments of the appropriation bill. Thousands of school children of the State have come to the Capitol while you have been in session. They have come by the Governor's office. They were happy because of our appropriation to the schools. We must keep faith with these children. I am not going to let them down, and I don't want you to let them down. Thousands of unfortunate people I have seen and you have seen suffering at Milledgeville will have to have their appropriation cut unless we pay the budget bill in full. They should not be let down. The inmates in the other eleemosynary institutions should not be let down. I receive hundreds of letters daily from old people, blind people, crippled children and dependent children; I am not going to let them down; and I don't want vou to let them down. We will let these children and unfortun"ate people and sick people down if we do not pay the appropriation bill in full. I will get just as much salary, and you will get just as much per diem and mileage, whether the appropriation bill is paid in full or not. You and I are getting out of the government our full compensation; we are getting paid in full. The least we can do is to pay these children, the sick and unfortunate people in full. What I am fighting to do is to give the citizens of the State what they ought to have out of government and what you and I have said by the passage of the appropriation bill they ought to have out of the government. I know that there has been a great hue and cry against tax measures by our enemies and by special interests. These lobbyists of special interests are trying to serve their own interests, which they are obligated to serve and cannot be blamed for WEDNESDAY, FEBRUARY 2, 1938. 1073 serving. However, you and I sought election to our respective offices and have obligated ourselves by our oaths to serve these school children, these insane people, these old people, these sick people, these crippled and blind, and these dependent children. If we haven't the courage and the ability to discharge our obligations to our people, which we voluntarily assumed and sought an opportunity to serve as efficiently and as effectively as representatives of the special interests serve their obligations, it is an indictment of our tenure in office. I have no malice toward anyone. I am not undertaking to penalize anyone. But my sole obligation is to the people of this State, to render them the governmental services they want, deserve and ought to have. These people cannot send lobbyists to the State C.apitol; they look to us as their elected representatives to do the job for them. I do not want to hurt business or any business enterprise. I want a fair system of taxation, but I want a system that will raise adequate revenue to pay this appropriation bill in full. Any tax measure you pass will have imperfections. Any tax measure may affect adversely some particular business, but the failure to raise adequate revenue to pay this appropriation bill will adversely affect the biggest business in Georgia, the education of the boys and girls, the health of the people, the caring for our unfortunate wards and for our aged, our blind, and our dependent and crippled children. It is better for any business enterprise in this State to suffer temporarily than it is for the school children, the aged, the blind and unfortunates to suffer. So, if it comes to a choice of who shall suffer, as for me and mine, we're on the side of the school children, the old people, the dependent children, the blind, the crippled, and the sick folks and the wards of our eleemosynary institutions. When we take into account the revenue measures that have already passed the regular session and this special session; when we take into account the reorganization bill as finally passed; when we take into consideration the state revenue from the liquor bill; we will still lack, by a very conservative estimate, a minimum of two and a half million dollars with which to pay 100% this appropriation bill. The only way to get this two and 1074 JouRNAL oF THE SENATE, a half million dollars is by some form of taxation. The State Auditor, the State Treasurer and the Revenue Commission estimate that we will lack even more than two and a half million dollars, but I am willing to exert every effort of economy and efficiency and take a chance by effective administration of what you have passed, if you will now provide a minimum of two and a half million dollars additional annual revenue. I am pleading for a balanced budget. Some insist that we do not know accurately what the measures we have passed will produce in revenue. This is true. But the only position I can take is to rely on the estimates of the fiscal officers of the state government. I am distributing to you a copy of their detailed estimates for you to study for yourselves. These estimates were prepared before the reorganization and liquor bills were passed. I am allowing a million dollars for the reorganization bill in savings and additional revenue, and two million dollars for the liquor tax bill. I think a total of three million dollars for these two bills is liberal. You will note the estimated deficit shown by the estimates of the fiscal officers is five million, eight hundred thousand dollars for the next fiscal year, beginning July 1, 1938. Taking the three million from the liquor tax and the reorganization bill off of that figure, there is a remaining deficit of two million eight hundred thousand dollars. I am then allowing three hundred thousand dollars more for further economies I expect to make by cutting personnel to the bone, thus leaving the two and a half million deficit. I mention this is the way I arrive at this figure. Of course, on the fiscal year, ending July 1, 1938, just five months of which is now left, the deficit is not so great; yet, regardless of what is done, it will be hard to meet in so short a time as from now until July 1st. As you know, we have not been able to pay January teachers' salaries. The counties insist that they need two and a half million dollars distributed to them on the basis of their loss of home exemptions. They insist that they need this money regardless of the five-point program I have mentioned as being hopeful of meeting to a great extent their losses. I am willing to join hands with you in giving them this two and a half million dollars or such part of it as you think they should have. WEDNESDAY, FEBRUARY 2, 1938. 1075 If you figure to give the counties two and a half million dollars, then we should raise five million dollars of additional revenue if we are to pay the state budget 100% and give them two and a half million dollars. Whatever amount you expect to give to the counties, plus the two and a half million dollars for the State, is what we need to do a finished job of the program you have so wonderfully carried out to the present time, after passage of the re-organization and liquor tax bills. This assembly has done a swell job, both at the regular session and the special session. I have cooperated with you in every way I know. I expect to continue to do so. I told you when I came before you with my messages at the regular session, that I had so much confidence in this Assembly, and was so determined to cooperate with you, that whatever revenue measures a majority of you thought wise to pass to finance this program, I would go with you. I told you the same thing when this session opened. I have done that wholeheartedly up until now, and I expect to do it in the future. The benefits of the program outweigh any inequity or iniquity by which you raise the money to finance it. I had wanted to let you select, without direct recommendation from me, how to raise this money. I think it is the legislative prerogative to determine that. However, we are down to the final close of the session with only one thing left to do a 100% job of financing the program, and that is to raise this amount of two and a half million dollars for the State, and whatever amount, if any, up to two and a half million dollars you want to give to the counties. I think we cannot afford to fail to put this last finishing touch on the program, and do a good job for the people. HOW TO GET THE MONEY It is obvious to me from talking with the members of the Assembly that the reorganization bill is the only part of the Martin program that you think wise to pass. The remainder of the miscellaneous bills, such as inheritance tax and insurance tax, and amendments to the general tax act, such as revising the corporation stock tax, which he suggested, you have seen proper not to pass. 1076 JouRNAL OF THE SENATE, You have also thought unwise to pass that part of the Martin program with respect to affecting individual assessments in the county digests. I am persuaded that you are right in this under conditions in the State at the present time. Therefore, you have only enacted that part of the Martin plan as represented in the economy and efficiency and increase in revenue from the passage of the reorganization bill. This bill alone will bring benefits in economy and efficiency that is well worth the cost of this session. It is obvious from my contacts with the Assembly that you think the gross income tax and gross receipts tax are unwise at this time. You have declined to pass a non-alcoholic beverage tax and voted down a reconsideration of it, which, under the Constitution, makes it impossible to pass such a tax at this session. I think it unwise to call another special session to consider this tax again on the heels of this session, due to the length of time this session has run and the element of doubt of its passage even if such was done. I committed myself in the campaign for governor not to advocate a general retail sales tax. Whether I should have made that commitment or not is beside the question; I made it and therefore cannot advocate a general retail sales tax. The sentiment of the people that I have contacted, the sentiment of most of the Assembly members I have contacted, seems to be that we should first tax luxuries or non-essentials before we tax necessities; that we should tax something the people do not have to have and do not have to use and can, from the standpoint of the necessities of life that they cannot live without. I know that tax economists and fiscal experts consider special taxes unsound and prefer a general tax, such as a general retail sales tax, a gross income tax or a gross receipts tax, to special taxes. I have always held that opinion too. Nevertheless, we have to face practical situations. Our very practical situation is that we already have many special taxes that we rely upon. We have a 20% tax on cigarettes and tobacco, which is not a necessity. We have a 20% tax on beer, which is not a necessity. You have placed a tax on liquor, which is not a necessity. So that pending such time, if ever, as we abandon WEDNESDAY, FEBRUARY 2, 1938. 1077 special taxes and go to a general broad base tax, such as a general retail sales, gross income or gross receipts tax, we apparently can only hope to finance our budget by special taxes. Therefore, the only practical way that I see to raise the money necessary to pay the State budget 100% is to recommend to you that you pass a luxury or non-essential special tax, with as broad a base as possible not to cover the actual necessities of life, to raise this additional two and a half million dollars, just as you have taxed beer, wine, tobacco and liquor. I recommend that you substitute such a luxury or. non-essential tax bill for one of the pending revenue bills, ripe for third reading in the House, where all revenue measures must originate, and that you pass promptly such a luxury or non-essential tax sufficient in amount to raise two and a half million dollars of revenue for the State, plus whatever amount you determine you want to give back to the counties. I think that whatever amount you give to the counties you should distribute on the basis of their proportionate part of the loss from the home and household exemptions, as compared with the total state loss from these exemptions. This would be fair. I think it should be distributed for the purpose of paying court expenses in these counties so as to make the distribution legal. The practical handling of the funds down in the comities will take care of itself. If you pass such a bill, in addition to what you have already passed, in my opinion we will pay the appropriation bill in full for the next fiscal year. I know this recommendation will not be met with favor ~niversally. But I believe the people of the State, as a whole, would rather have a luxury tax bill passed and the money raised to pay this budget 100% and take care of the counties adequately than not to have it passed and these needs neglected. I stand ready to take the full responsibility of the passage of it on my shoulders, if you wish, to complete financing the program and helping the counties. I know what adequate financing of this program means to this State and I know that the benefits of this program far outweigh the burdens that will be imposed as a result of the passage of such a tax. 1078 JouRNAL oF THE SENATE, I wish to emphasize again, however, that if you do not wish to pass a luxury or non-essential tax to raise this needed two and a half million dollars for the State, I have such confidence in you, and in the benefits of the program, that I will approve such tax measure, or measures, as you do pass to raise this sorely needed money. And, of course, if in the light of the fiscal officers' estimates of the existing and prospective deficits, you think it wise to not pass any other revenue measures that is your prerogative, and I will do the very best possible with what money becomes available. But it is my duty to let you know the tragic plight of our schools and other activities if we cannot pay them as we have promised. HARD WORK_ THIS WEEK I am working fifteen to eighteen hours each day. I enjoy my work. I sometimes get jaded and tired. But I am giving the people of this State fifteen to eighteen hours every day of my time at hard, conscientious work, trying to make a good governor. Doing this myself, I feel free to ask each member of the House and Senate that we stay in session long hours each day and night to finish this job so we can soon adjourn. Every member has discussed pro and con every sort of tax for weeks and every member knows whether or not he or she is willing to vote for a luxury tax to finish the job. And if so, what tax, if any, you will vote for to finish the job. If you are not willing to vote for this additional money, it's your right to say so and adjourn. But the appropriation bill will not be paid in full and the teachers and the old folks will have to be cut down. If you are willing to pay the bill by substituting such a tax bill for one of the pending measures, ripe for third reading, it can be passed by the house promptly, and the Senate can pass it, within the next few days, if we stay on the job and work hard day and night. The other measures of major consequence in the calendar of both Houses can be disposed of this week one way or the other if we work hard every member stays in his or her seat so as to furnish a full House and Senate attendance. I know there are those who are trying to prolong the session WEDNESDAY, FEBRUARY 2, 1938. 1079 and trying to block the program. I know there are those who are trying to inject partisan politics into the session. Most of this comes from outside, and I dare say that practically 100% of the members of this Assembly would be against such practices except from outside influences. I hope that those members who are subjected to outside influences to bring partisan politics here or to obstruct the payment of the appropriation bill in full declare a truce for this week and not be fillibustering or using dilatory tactics to delay the completion of the work of the Assembly. CIVIL SERVICE If the luxury tax act or some other tax measure is passed and the money raised to finish the job of financing this program, you will have carried out every plank in the democratic platform save one; that is civil service. I do not want to appear too persistent about civil service and I hope that you will understand the spirit in which I again mention it in this message. Being a part of the platform of the Democratic Party, I feel that I should mention it to you again. The Senate has passed the bill and it is now in the House Committee. If you do not like it in its present form, I hope you will amend it and pass it in some form. As with the luxury tax, I will take upon my shoulders the full responsibility of asking you to pass it. I know we cannot have the efficiency and economy in State Government the taxpayers ought to have without some form of merit system for employees. If you will pass this civil service bill in the best form the majority of you can agree upon and watch me administer it until the next session of the legislature, if I have not reduced the percentage of overhead cost of operation of the State government and put the State government on a more satisfactory and efficient basis of operation, I will join you in repealing it. I would like so much to be able to say we carried out the Democratic Platform 100%. It will be the most astounding accomplishment of all times on the part of an Assembly and a Governor. I would like to be able to carry it out because it is sound and right. That platform was written by some of the most conserva~ive and experienced and ablest students of government and life in this State; such as: 1080 JouRNAL OF THE SENATE, Hon. Clark Howell, Sr., who for thirty years was N ationa! Committeeman of the Democratic Party and a leader in Public affairs; Hon. J. J. Spalding, of Atlanta, Hon. I. S. Peebles, Augusta Hon. H. T. Mcintosh, Albany Hon. J. A. Fort, Americus Hon. 0. E. Petry, Columbus Hon. H. W. Flournoy, Macon Dr. J. M. Smith, Valdosta Hon. Kirk Sutlive, Blackshear Mrs. Virginia Polhill Price, Louisville Mrs. A. B. Conger, Bainbridge Dr. R. J. Kennedy, Statesboro Han. J. Harold Saxon, Quitman Hon. H. Dixon Smith, Columbus Han. James J. Flynt, Griffin Hon. Marion Smith, Atlanta Hon. Vvarren L. Grice, Macon Han. J. J. Mangham, Bremen Han. W. W. Webb, Hahira Hon. J. B. Jones, Gainesville Han. J. K. Gholston, Comer and Hon. Tom Clemmons, Rome Many editors acclaimed this the strongest platform committee in the history of the Party in this State. WEDNESDAY, FEBRUARY 2, 1938. 1081 CONCLUSION Finally, this will probably be my last message of this session, except for an informal goodbye. I want to tell you, regardless of what you do between now and the end of this session, you will go down in history as the greatest General Assembly this State has ever had. I have not one thing against those who have differed with me. I hope the people of this State will send this Assembly, as nearly intact as is possible, back to the State Capitol in 1939. I love you. I've enjoyed working with you. You have made a marvelous-almost miraculous-record, and people in future generations will ever look back and call your name blessed. You have wrought better than any of us can fully realize. May God bless you in the continued work of this week to do a finished job for the people of Georgia. Mr. Sutton of Wilkes moved that the joint session of the General Assembly do now dissolve and the motion prevailed. Han. John B. Spivey announced that the joint session of the General Assembly stood dissolved and the members of the Senate accompanied by the President and Secretary thereof returned to the Senate Chamber. The President called the Senate to order. By unanimous consent, the Senate agreed to remam m sessiOn until today's order of business was completed. Senator Ennis of the 20th 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. Lanier of Richmond, Harvey of Upson, and Harrell of Brooks- House Bill No. 221. A bill amending Section 1 of the Chain Store Tax Act, approved March 27, 1937, and for other purposes. 1082 JouRNAL OF THE SENATE, The consent was granted, the bill read a second time and recommitted. Consideration of the Conference Committee report on Senate Bill No. 49 was resumed. On the adoption of the Conference Committee report on Senate Bill No. 49, Senator Millican of the 52nd 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 Atkinson Atwood Brock Burrell Chason Clements Ennis Fowler Jackson Kimbrough Knabb Lindsay McCutchen Neely Patten Peebles Pope Purdom Shannon Sikes Sutton Turner Those voting in the negative were Senators: Almand Aultman Flynt Forrester Griner Hardman Harrell Harrison Holmes Johnson Jones Millican Moye Pruett Sammon Terrell Thrasher Walker Whitehead Verification of the roll call was dispensed with. The ayes were 23, the nays 19. The report of the Conference Committee on Senate Bill No. 49 was therefore adopted. Not voting were: Senators Burgin of the 24th District, Hampton of the 41st District, Horne of the lOth District, McKenzie of the 48th District, Peterson of the 15th District, Phillips of the 29th District, Robinson of the 13th District, Shedd of the 3rd District, and Williams of the 5th District. Senator Pope of the 7th District, Chairman of the Committee WEDNESDAY, FEBRUARY 2, 1938. 1083 on Amendments to the Constitution, submitted the following report: Mr. President: Your Committee on Amendments to the Constitution have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 463. Do pass. House Bill No. 509. Do pass. Respectfully submitted, PoPE, 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 126. Do pass. House Bill No. 194. Do pass, as amended. Respectfully submitted, SuTTON, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 138. Do pass. Respectfully submitted, LINDSAY, Chairman. 1084 JouRNAL 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 497. Do pass. Respectfully submitted, LINDSAY, Chairman. Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 278. Do pass. 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 513. Do not pass. Respectfully submitted, PEEBLEs, Chairman. WEDNESDAY, FEBRUARY 2, 1938. 1085 The following bills of the House, favorably reported by the committees, were read the second time: By Messrs. Leonard, Smith, and Elliott of Muscogee- House Bill No. 126. A bill to provide for reciprocal agreements with other States as to privileges of operating motor vehicles over the highways of this State, and for other purposes. By Messrs. Groover, Morgan, and Ware of Troup; Hodges of Liberty and Sanders of Coweta- House Bill No. 194. A bill to provide for sale and distribution of license plates for motor vehicles in each county, and for other purposes. By Mr. Warnell of Bryan- House Bill No. 497. A bill changing the terms of the Superior Court of Bryan County, and for other purposes. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senator Allen of the 31st District- Senate Bill No. 138. A bill amending the Act approved December 16, 1937, by providing how application shall be made and disposed of, where the homestead claimed exempt is located in more than one county, and divided by county lines, and for other purposes. The following resolution of the House was read a third time and adopted: By Messrs. Phillips and Palmour of Hall, Booth of Barrow, Brooks and Wages of Jackson, McGehee of Dawson, and Lanham of Floyd- House Resolution No. 94. A resolution naming and designating a certain highway in honor of Colonel Sam Tate, and for other purposes. The following bills and resolution of the Senate and House were read the third time and put upon their passage: 1086 JouRNAL OF THE SENATE, By Senator Atkinson of the 1st District- Senate Bill No. 136. A bill to be entitled an Act to permit counties having a population of between 80,000 and 200,000 inhabitants, and cities and towns located therein to regulate and control barbecue stands, road houses, dance halls, etc., within their respective limits, and for other purposes. The Committee on Municipal Government offered the following amendment to Senate Bill No. 136: To amend by striking wherever there occur the following words and figures: "Of not less than eighty thousand (80,000) inhabitants." and inserting in lieu thereof the words and figures "of not less than one hundred thousand (100,000) inhabitants." 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 Senator Millican of the 52nd DistrictSenate Bill No. 137. A bill to amend an Act entitled, "Atlanta, City of, Municipal Court established," and for other purposes. The report 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. Groover, Ware, and Morgan of TroupHouse Resolution No. 129. A resolution providing for the relief and refund of tax paid by D. Yalovitz, doing business WEDNESDAY, FEBRUARY 2, 1938. 1087 under the trade name of LaGrange Jewelry and Arms Company, and Hudson Hardware Company, a corporation, 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. The following resolution of the House was read the first time and referred to the committee: By Messrs. Lanham, Keel, and Davis of Floyd- House Resolution No. 156. A resolution relieving Mrs. Ida Lesser, of Floyd County, of liability on a criminal bond, and for other purposes. Referred to Committee on Counties and County Matters. The following bills of the House were read the first time and referred to the committees: By Mr. Preston of Bulloch- Hause Bill No. 112. A bill making an appropriation for the operation of the State Licensing Board for Contractors, and for other purposes. Referred to Committee on Highways and Public Roads. By Mrs. Mankin and Messrs. Kendrick and Hastings of FultonHouse Bill No. 531. A bill amending Code Section 24-2715 with reference to the authority granted to the Clerks of Court in counties of a certain population, and for other purposes. Referred to Committee on General Judiciary No. 1. Senator Sutton of the 47th District asked unanimous consent that the following bills of the House be recommitted to the Committee on Motor Vehicles: By Messrs. Leonard, Smith, and Elliott of MuscogeeHouse Bill No. 126. A bill to provide for reciprocal agree- 1088 JouRNAL OF THE SENATf., ments with other states as to privileges of operating motor vehicles over the highways of this State, and for other purposes. By Messrs. Groover, Morgan, and \Vare of Troup, Hodges of Liberty, and Sanders of Coweta- House Bill No. 194. A bill to provide for sale and distribution of license plates for motor vehicles in each county, and for other purposes. The consent was gran ted and the bills were recommitted. Senator Lindsay of the 34th District asked unanimous consent that the following bill of the Senate be taken up for consideration at this time and the consent was granted: By Senator Peterson of the 15th District- Senate Bill No. 135. A bill to amend an Act to regulate Banking in the State of Georgia by striking the words "two-thirds" wherever they appear in Section 1 of Article X and inserting in lieu thereof the words "Sixty per cent"; and for other purposes. Senator Lindsay of the 34th District made the point of order that Senate Bill No. 135 could not be considered by the Senate due to fact that it did not come within the purview of the Governor's proclamation convening the extraordinary session. Senator Millican of the 52nd District moved that further consideration of Senate Bill No. 135 be indefinitely postponed and the motion prevailed. The following privilege resolutions were read and adopted: By Senators Atwood of the 2nd District, Atkinson of the 1st District, and Spivey of the 16th District- A resolution extending the privileges of the floor to Han. Paul J. Varner, prominent citizen of Mcintosh County. By Senator Terrell of the 19th District- A resolution extending the privileges of the floor to Han. John C. Evans, former member of the Senate from the 19th District. WEDNESDAY, FEBRUARY 2, 1938. 1089 By Senator Allen of the 31st District- A resolution extending the privileges of the floor to Hon. B. P. Gaillard, Jr., Judge of the Superior Court of the Northeastern Circuit. Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion prevailed. The President announced that the Senate st~od adjourned until tomorrow morning at 10:00 o'clock. 1090 JouRNAL o:F THE SENATE; SENATE CHAMBER, ATLANTA, GA., THURSDAY, FEBRUARY 3, 1938. 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 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 Harrell of the 12th 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, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was gran ted. The following message was received from the House through Joe Boone, the Clerk thereof: THURSDAY, FEBRUARY 3, 1938. 1091 Mr. President: The House has adopted the report of the Committee of Conference on the following bills of the House and Senate, to-wit: By Senators Purdom of the 46th District and Lindsay of the 34th District- Senate Bill No. 49. A bill to be entitled an Act to change the name of Prison Commission to "The State Prison and Parole Commission," and for other purposes. By Mr. Hastings of Fulton- House Bill No. 349. A bill to be entitled an Act to create a new charter for the City of Atlanta, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional maJonty the following bills and/or resolutions of the House and/or Senate, to-wit: By Senator McCutchen of the 43rd District- Senate Bill No. 69. A bill to be entitled an Act authorizing the State Librarian to furnish certain books to the University of Georgia School of Law, and for other purposes. By Senator Peebles of the 18th District- Senate Bill No. 111. A bill to be entitled an Act amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Burrell of the 40th District- Senate Bill No. 112. A bill to be entitled a.n Act to amend the Highway Mileage Act by adding certain mileage to the State Aid System, and for other purposes. By Senator Burrell of the 40th District- Senate Bill No. 113. A bill to be entitled an Act to amend the 1092 JouRNAL OF THE SENATE, Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Shannon of the 21st District- Senate Bill No. 118. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding mileage in Twiggs and Wilkinson Counties, and for other purposes. By Senator Neely of the 36th District- Senate Bill No. 120. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Senator Millican of the 52nd District- Senate Resolution No. 56. A resolution designating and naming Highway No. 3, as John B. Gordon Highway, and for other purposes. By Mr. Thomas of Chattooga- House Resolution No. 101-380a. A resolution for the furnishing of the Georgia Code of Laws of 1933 for Chattooga County, and for other purposes. By Mr. Hand of Mitchell- House Bill No. 518. A bill to be entitled an Act to amend "Highway Mileage" Act of 1929, by adding a road in Mitchell and Baker Counties, and for other purposes. By Messrs. Perry and Houston of Worth, and Parker and Barlow of Colquitt- House Bill No. 520. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by additional mileage to the System of State Aid Roads, and for other purposes. By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 522. A bill to be entitled an Act to amend Section 92-4101 of the Code of 1933 as applies to the City of Augusta. . . THURSDAY, FEBRUARY 3, 1938. 1093 By Messrs. Harrell of Brooks and Marshall of Macon- House Resolution No. 167. A resolution requesting members of theNational Congress from the State of Georgia to vote against any measure pending in the National Congress which may tend to reduce the Federal allotment of funds for highway construction to the several states of this Union, and for other purposes. .The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Gross of Stephens- House Bill No. 530. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, Georgia, and for other purposes. By Mr. Claxton of Camden- House Bill No. 534. A bill to be entitled an Act to reduce the official bond of the Sheriff of Camden County, Georgia, from $10,000.00 to $3,000.00, and for other purposes. By Messrs. Scruggs and Dukes of Washington, and Moore and Ennis of Baldwin- House Bill No. 536. A bill to be entitled an Act to amend an Act entitled "Highway Mileage," by adding certain mileage to the System of State Aid Roads in Washington and Baldwin Counties, Georgia, and for other purposes. The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senator Pruett of the 32nd District- Senate Bill No. 143. A bill amending Code Section 78-216 with reference to Confederate Veterans' pensions, and for other purposes. Referred to Committee on Pensions. 1094 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 141. Do pass. Respectfully submitted, PEEBLES, Chairman. Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations have had under consideration the following bill and resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 396. Do not pass. House Resolution No. 32-128e. Do pass. Respectfully submitted, FLYNT, Chairman. February 2, 1938. Mr. President: All the undersigned members of the Appropriations Committee disagree with the majority report on House Bill No. 396 and herewith file this minority report and recommend that said bill do pass. Respectfully submitted, LINDSAY of the 34th District. PHILLIPS of the 29th District. JAcKSON of the 14th District. THURSDAY, FEBRUARY 3, 1938. 1095 Senator Atkinson of the 1st District asked unanimous consent that House Bill No. 396, which was reported adversely by the Committee on Appropriations, be placed upon the calendar for the purpose of disagreeing to the adverse report of the committee. The consent was gran ted. The following bill of the Senate, favorably reported by the committee, was read the second time: By Senator Whitehead of the 30th District- Senate Bill No. 141. A bill amending the Act incorporating the Town of Hartwell and all Acts amendatory thereto by authorizing the governing authorities of said City to enact zoning laws, and for other purposes. The following resolution of the House, favorably reported by the committee, was read the second time: By Mr. Key of Jasper- House Resolution No. 32. A resolution to make appropriation for operations of the State Radio Commission as authorized by resolution approved March 30, 1937, and for other purposes. The following bills of the Senate and House were read the third time and put upon their passage: By Senator Jackson of the 14th District- Senate Bill No. 139. A bill to be entitled an Act to change the method of compensating the Ordinary in counties of this State having a population of not less than 9,130 or more than 9,140 inhabitants according to the 1930 census, and for other purposes. The report of the committee, which was unfavorable 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. 1096 JouRNAL OF THE SENATE, By Mr. Musgrove of Clinch- House Bill No. 382. A bill to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the City of Homerville, Clinch County, Georgia, torefund a bonded indebtedness, and for other purposes. The Committee on Amendments to the Constitution offered the following substitute for House Bill No. 382: 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 of Homerville 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 up to and including January 1, 1939; 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, 1939; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Homerville may issue refunding serial bonds not in excess of the aggregate sum of Fourteen Thousand Four Hundred Dollars ($14,400.00) for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1939, and providing 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 Homerville to be used THURSDAY, FEBRUARY 3, 1938. 1097 exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the mayor and City Council and shall be validated as provided by law." 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 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 of this State may be voted on, and shall at said 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 of Homerville to issue refunding bonds," 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 of Homerville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall 1; become a part of Article 7, Section Paragraph 1, of the Con- stitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. 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. On the passage of the bill, by substitute, it being a proposed amendment to the Constitution, the roll was called and the vote was as follows: 1098 JouRNAL oF THE SENATE, Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burgin Burrell Chason Clements Ennis Forrester Fowler Griner Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Lindsay Moye Patten Peebles Peterson Phillips Pope Pruett Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead 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, by substitute. Not voting were: Senators Flynt of the 26th District, Hampton of the 41st District, Knabb of the 4th District, McCutchen of the 43rd District, McKenzie of the 48th District, Millican of the 52nd District, Neely of the 36th District, Purdom of the 46th District, Robinson of the 13th District, and Williams of the 5th District. By Mr. Swindle of Berrien- House Bill No. 463. 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 trustees of the Beaverdam School District of Berrien County, Georgia, 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 October 15, 1938, and which becomes due up to and including October 15, 1938; to provide that the funds THURSDAY, FEBRUARY 3, 1938. 1099 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 October 15, 1938; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the Beaverdam School District of Berrien County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $11,000.00 for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on October 15, 1938, and any bonded indebtedness of said school district outstanding and which becomes due up to and including October 15, 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 said Beaverdam School District of Berrien County to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of October 15, 1938. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Beaverdam School District and shall be validated." Sec. 2. When said amendment is agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, it shall be publi:;hed in one or more newspapers in each Congressional District in ~his State for two months previous to the time for holding the neit general election, 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 penons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed m their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizin~ the Beaverdam School District of 1100 JouRNAL oF THE SENA'f'E, Berrien County to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Beaverdam School District of Berrien County to issue refunding bonds," 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 part of Article 7, Section 7, Paragraph 1, of the Constitution of the State and the Governor shall make a proclamation thereof, as provided by law. Sec. 3. All laws and parts of laws in conflict with this Act 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 FlYnt Forrester Griner Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Lindsay Millican Moye Patten Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead Verification of the roll call was dispensed with. The ayes were 42, the nays 0. The bill having received the requisite two-thirds constitutional majority was passed. THURSDAY, FEBRUARY 3, 1938. 1101 Not voting were: Senators Almand of the 50th District, Fowler of the 39th District, Hampton of the 41st District, Knabb of the 4th District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Robinson of the 13th District, and Williams of the 5th District. By Messrs. Davis, Keel, and Lanham of Floyd- House Bill No. 448. A BILL To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 8, Section 4, Paragraph 1, of the Constitution of Georgia, so as to authorize Floyd County, Georgia, to levy an additional tax for high school purposes, on all the taxable property of the county except that property within the City of Rome which shall be exempt from said tax, when approved by a majority of the qualified voters of said county living outside the City of Rome voting at an election to pass upon such tax but if a majority of the qualified voters living outside the City of Rome should vote in favor of ratifying this Constitutional amendment at the general election to be held on Tuesday after the first Monday in November, 1938 then it shall not be necessary for the County Commissioners of Roads and Revenue of Floyd County to call a special election. 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 8, Section 4, Paragraph 1, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new sub-paragraph in the following words, to-wit: Floyd County, Georgia, shall be authorized to levy a tax for high school purposes of not exceeding twenty cents on the hundred dollars of all taxable property in said county lying outside the City of Rome, in addition to all other taxes which it is now authorized by law to levy, upon approval of a majority of the qualified voters of said county living outside the City of Rome voting at an election held for the purpose of passing upon such a tax but if a majority of the qualified voters living outside the City of Rome should vote in favor of ratifying this 1102 JouRNAL OF THE SENATE, Constitutional amendment at the general election to be held on Tuesday after the first Monday in November 1938 then it shall not be necessary for the County Commissioners of Roads and Revenue of Floyd County to call a special election; provided however that should a majority of the qualified voters of Floyd County living outside the City of Rome vote against this Constitutional amendment in the election to be held on Tuesday after the first Monday in November 1938. Then if and when this amendment shall be ratified it shall be the duty of the County Commissioners of Roads and Revenue of Floyd County to call a special election within one year after the ratification and approval of this Constitutional amendment by the people of Georgia, the county to pay the expenses of said election or elections to pass upon said tax, which election shall be held in the same manner as other elections are held in said county. Sec. 2. Notice of said election shall be published by said County Commissioners of Roads and Revenue, in the newspaper in which sheriffs advertisements in said county are published once a week for four weeks consecutivelv before said election is held. The rate of taxation to be levied for high school purposes shall be that recommended by the Board of Education of Floyd County, but not to exceed the limit herein specified. The returns of said election shall be made to the Ordinary of said county, and the results declared by him. If the first election held should be adverse to such tax, it shall be the duty of the County Commissioners of Roads -and Revenue of said county to again submit to the voters of Floyd County living outside the City of Rome the question of whether such tax shall be levied when they are requested so to do by the Board of Education of Floyd County; provided elections shall not be held for this purpose within less than one year of each other. When a tax for high school purposes shall nave been approved by the voters of Floyd County living outside the City of Rome, it shall be the duty of the County Commissioners of Roads and Revenue to include in their next regular annual levy of taxes such tax for high school purposes as may be recommended by the Board of Education of Floyd County, but not to exceed the limit specified of twenty cents on the hundred dollars of taxable property, such tax to be levied annually thereafter as recommended by the Board of Education THURSDAY, FEBRUARY 3, 1938. 1103 of Floyd County. All monies arising from said tax shall be turned over to the Board of Education of Floyd County, Georgia, for expenditures for high school purposes only, and said board shall have the right to make such arrangements with any high school in the county for high school work as it may deem advisable. The Floyd County Board of Education shall have the right to use the money derived from this tax for building, equipping, and operating high schools if in the judgment it should become necessary. Sec. 3. Be it further enacted by authority aforesaid that whenever the 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 herebv authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State, for the period of two months next preceding the time of holding the next general election. Sec. 4. Be it further enacted by the authority aforesaid, that the amendment to the Constitution herein proposed shall be submitted for ratification or rejection to the voters of this State at the next general election to be held on Tuesday after the first Monday in November, 1938. All persons voting in said election in favor of adopting the proposed amendment shall have written or printed on their ballot the words, "For amendment to authorize Floyd County, Georgia, to levy extra tax for high school purposes on all taxable property outside the City of Rome" and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words, "Against amendment to authorize Floyd County, Georgia, to levy extra tax for high school purposes on all taxable property outside the City of Rome." Sec. 5. Be it further enacted that it shall be the duty of the Secretary of State to certify the results of the vote on this amendment to the Governor; and when such vote is so certified, if it shall appear that a majority of the qualified voters in favor of said amendment, then the same shall become a part of Article 8, Section 4, Paragraph 1, of the Constitution of Georgia and the 1104 JouRNAL oF THE SENATE, Governor shall issue his proclamation to that effect as provided by law. Sec. 6. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, 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 Flynt Forrester Griner Hardman Harrell Harrison Holmes Horne Jackson Jones Kimbrough Knabb Lindsay Millican Moye Patten Peebles Peterson Pope Pruett Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead 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 Fowler of the 39th District, Hampton of the 41st District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Phillips of the 29th District, Purdom of the 46th District, Robinson of the 13th District, and Williams of the 5th District. By Mr. Brooks of JacksonHouse Bill No. 509. A BILL To be entitled an Act to propose to the qualified voters of Gear- THURSDAY, FEBRUARY 3, 1938. 1105 gia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Jefferson 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 indebted- ness due up to and including January 1, 1938, and which be- comes due up to and including January 1, 1945; 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, 1945; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Jefferson may issue refunding serial bonds not in excess of the aggregate sum of $35,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid on January 1, 1938, and any bonded indebtedness of said City outstanding and which becomes due up to and including January 1, 1945, 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 Jefferson 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, 1945. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Jefferson, and shall be validated." 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 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 1106 JouRNAL oF THE SENATE, holding the next general election, 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 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Jefferson to issue refunding bonds," 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 of Jefferson to issue refunding bonds," 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 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, 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 Fowler Griner Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Kimbrough Knabb Millican Moye Patten Peebles Peterson Phillips Pope Pruett Sammon Shannon Shedd Sikes THURSDAY, FEBRUARY 3, 1938. 1107 Sutton Terrell Thrasher Turner Walker Whitehead Verification of the roll call was dispensed with. The ayes were 42, the nays 0. The bill having received the requisite two-thirds constitutional majority was passed. Not voting were: Senators Almand of the 50th District, Hampton of the 41st District, Lindsay of the 34th District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Purdom of the 46th District, Robinson of the 13th District, and Williams of the 5th District. The following bills of the House were read the third time and put upon their passage: By Mr. Adams of Franklin- House Bill No. 489. A bill amending the Highway Mileage Act by adding additional mileage 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. Warnell of Bryan- House Bill No. 497. A bill changing the term of the Superior Court in Bryan County to the 3rd Monday in March and the 1st Monday in November of each 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 28, the nays 0. The bill having received the requisite constitutional majority was passed. 1108 JouR.NAt OF THE SENATE, By Messrs. Batchelor of Putnam and Key of Jasper- House Bill No. 499. A bill amending the Highway Mileage Act by adding additional mileage 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. McCracken of Jefferson- House Bill No. 500. A bill amending the Highway Mileage Act by adding additional mileage 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. Lanham, Davis, and Keel of Floyd- House Bill No. 501. A bill providing for the compensation of and payment to Clerks of the Superior 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 27, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Cogdell of Glynn- House Bill No. 505. A bill to provide for holding three regular terms a year of the Superior Court of Glynn County, and for other purposes. THURSDAY, FEBRUARY 3, 1938. 1109 The report 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. Patten of Cook- House Bill No. 510. A bill amending an Act entitled "An Act to abolish the offices of Tax Receiver and Tax Collector, and create the office of Tax Commissioner 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. Oden of Pierce- House Bill No. 512. A bill providing for the payment of official bond premiums for the Tax Collector and Receiver of Pierce County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Brown of Greene- House BillNo. 516. A bill amending an Act approved August 15, 1904, incorporating the City of Union Point, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, the nays 0. 1110 JouRNAL OF THE SENATE, The bill having received the requisite constitutional majority was passed. The following resolutions of the House were read the third time and put upon their passage: By Messrs. Dampier and Larsen of Laurens- House Resolution No. 59. A resolution relieving R. L. Tindol of surety on a certain bond in the sum of $200.00, 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 34, the nays 0. The resolution having received the requisite constitutional majority was adopted. By Mr. Bradley of Tattnall- House Resolution No. 131. A resolution authorizing the State Librarian to furnish missing volumes of certain reports to the Clerk of the Superior Court of Tattnall County, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the adoption of the resolution, the ayes were 33, the nays 0. The resolution having received the requisite constitutional majority was adopted. By Mr. Musgrove of Clinch- House Resolution No. 137. A resolution authorizing the County Commissioners of Clinch County to pay a certain sum of money to the widow of Deputy Sheriff Carey Thomas, 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 nays 0. THURSDAY, FEBRUARY 3, 1938. 1111 The resolution having received the requisite constitutional majority was adopted. By Messrs. Harris and Lanier of Richmond- House Resolution No. 138. A resolution to relieve Thomas L. Clary of Richmond County, Georgia, 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 32, the nays 0. The resolution having received the. requisite constitutional majority was adopted. The following resolution of the House was read and adopted: By Messrs. Harrell of Brooks and Marshall of Macon- House Resolution No. 167. A resolution requesting the members of the National Congress from the State of Georgia to vote against any measure pending in the National Congress which may tend to reduce the Federal allotment of funds for highway construction to the several states of this Union, and for other purposes. The following bills of the House were read the first time and referred to the committees: By Mr. Hand of Mitchell- House Bill No. 518. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Messrs. Perry and Houston of \Vorth, and Parker and Barlow of Colquitt- House Bill No. 520. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. 1112 JouRNAL OF THE SENATE, By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 522. A bill amending Section 92-4101 of the Code as applies to the City of Augusta, and for other purposes. Referred to Committee on Special Judiciary. By Mr. Gross of Stephens- House Bill No. 530. A bill amending the Act abolishing the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. Claxton of Camden- House Bill No. 534. A bill reducing the bond of the Sheriff of Camden County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Scruggs and Dukes of Washington, and Moore and Ennis of Baldwin- House Bill No. 536. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. The following resolution of the House was read the first time and referred to the committee: By Mr. Thomas of ChattoogaHouse Resolution No. 101. A resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Chattooga County, and for other purposes. Referred to Committee on Public Library. Senator Lindsay of the 34th District asked unanimous consent that the Senate disagree with the adverse report of the Committee on House Bill No. 396 and that the minority report of the committee, which was favorable to the passage of House Bill No. 396, be adopted. There was objection. THURSDAY, FEBRUARY 3, 1938. 1113 Senator Lindsay of the 34th District moved that the Senate disagree with the adverse report of the Committee on House Bill No. 396 and that the minority report of the committee, which was favorable to the passage of House Bill No. 396, be adopted. The motion prevailed. Senator Atkinson of the 1st District asked unanimous consent that House Bill No. 396 be read the second time and there was objection. Senator Pruett of the 32nd District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Highways and Public Roads, read the second time, and recommitted to the Committee on Highways and Public Roads: By Mr. Preston of Bulloch- Hause Bill No. 112. A bill making an appropriation for the operation of the State Licensing Board of Contractors, and for other purposes. The consent was granted, the bill read the second time and recommitted. Senator Harrell of the 12th District moved that House Bill No. 112 be withdrawn from the Committee on Highways and Public Roads, and recommitted to the Committee on Appropriations and the motion was lost. Senator Millican of the 52nd District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Motor Vehicles, read the second time, and recommitted to the Committee on Motor Vehicles: By Senator Brock of the 37th District- Senate Bill No. 140. A bill amending the" Motor Carrier Act of 1931" by striking a Section of said Act, and for other purposes. The consent was granted, the bill read the second time and recommitted. The following bill of the House was read the third time and put upon its passage: 1114 JouRNAL OF THE SENATE, By Messrs. Ennis of Baldwin and Lanier of Richmond- House Bill No. 278. A bill to amend the General Appropriations Act for the two years ending June 30, 1939, by adding a new section after Section 28 numbered 28-A, exempting the revenue derived from the Chain Store Tax Act of 1937 from the provisions of Section 28, which section suspends allocated revenues where fixed sum appropriations are made, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, it involving an approptiation, 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 Hardman Harrell Harrison Holmes Horne Jackson J<>hnson Jones Kimbrough Knabb Lindsay Millican Moye Patten Peebles Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Whitehead 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 Griner of the 45th District, Hampton of the 41st District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Peterson of the 15th District, Robinson of the 13th District, and Williams of the 5th District. THURSDAY, FEBRUARY 3, 1938. 1115 The following report of the Conference Committee on House Bill No. 161 was read and adopted: Mr. President: Mr. Speaker: Your Committee on Conference on House Bill No. 161 known as the Rolling Store Bill submit the following: 1. The House recede from its position in not accepting the Senate Substitute and that the Senate Substitute be accepted with the following changes: 2. The House and Senate both recede from their position on Section 1 and a new section known as Section 1 be written and reading as follows: Section 1. That in order to construct and maintain the rural post roads of this State and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby levied upon each motor vehicle used as a rolling store as hereinafter defined from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual tax on the following basis: One-half ton manufacturers rated capacity truck or passenger carrying vehicle not exceeding five passenger capacity twentyfive ($25.00) dollars per year or any fraction thereof. More than one-half ton manufacturers rated capacity truck and not exceeding one ton manufacturers rated capacity truck fifty ($50.00) dollars per year or any fraction thereof. In excess of one ton manufacturers rated capacity truck one hundred ($100.00) dollars per year or any fraction thereof. Provided, however, that no county can levy any additional license on such rolling store. 3. The Senate recede from its position in adopting Senate Amendments No. 2 and No. 1. 4. That the House recede from its position in not accepting Senate Amendment No. 3. 1116 JouRNAL oF THE SENATE, 5. That the Senate recede from its position m adopting Senate Amendment No.4. 6. That the House recede from its position m not adopting Senate Amendment No.5. 7. That the House recede from its position in not adopting Senate Amendment No.6. 8. The Senate recede from its position in adopting Senate Amendments Nos. 7 and 8. Respectfully submitted, CoRBETT of Atkinson, SwiNDLE of Berrien, GRoss of Stephens. On the part of the House. MILLICAN of the 52nd District, PATTEN of the 6th District, SurroN of the 47th District. On the part of the Senate. The following resolution of the Senate was read the third time and put upon its passage: By Senator Harrell of the 12th District- Senate Resolution No. 42. A RESOLUTION Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State limiting extraordinary sessions of the General Assembly; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Paragraph 13 of Section 1 of Article 5 of the Constitution of Georgia be amended by adding thereto a new paragraph to read as follows: THURSDAY, FEBRUARY 3, 1938. 1117 "Provided, further, that any extraordinary sessions of the General Assembly, whether convoked by the Governor or by the General Assembly, shall be limited to a period of thirty days except that by a vote of three-fourths of the entire membership of each House, the extraordinary session may be extended for ten additional days, and provided further, that if there should be pending an impeachment trial of some officer of the State, the General Assembly shall be authorized to remain in session until such trial has been completed." Sec. 2. Be it further resolved that when this amendment shall be agreed to by a two-thirds vote of the members of each House, it shall be entered upon the Journals 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 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 the Constitution limiting extraordinary sessions of the General Assembly." 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 the amendment to the Constitution limiting extraordinary sessions of the General Assembly." 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 return 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 13 of Section 1 of Article 5 of the Constitution of Georgia, and the Governor shall make proclamation thereof. 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: 1118 JouRNAL OF THE SENATE, Those voting in the affirmative were Senators: Atkinson Aultman Brock Burgin Burrell Chason Flynt Griner Hardman Harrell Harrison Holmes Millican Moye Terrell Thrasher Walker Whitehead Those voting in the negative were Senators: Allen Almand Atwood Ennis Forrester Horne Jackson Johnson Jones Kimbrough Knabb Lindsay Patten Peebles Peterson Phillips Pope Pruett Purdom Sammon Shannon Shedd Sikes Sutton Turner Verification of the roll call was dispensed with. The ayes were 18, the nays 25. The resolution having failed to receive the requisite twothirds constitutional majority was lost. Not voting were: Senators Clements of the 9th District, Fowler of the 39th District, Hampton of the 41st District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Robinson of the 13th District, and Williams of the 5th District. The following bill of the Senate was read the third time and put upon its passage: By Senator Allen of the 31st District- Senate Bill No. 138. A bill amending the Act approved December 16, 1937, by providing how application shall be made and disposed of where the homestead claimed exempt is located in more than one county, and divided by county lines, and for other purposes. The report 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, FEBRUARY 3, 1938. 1119 The bill having received the requisite constitutional majority was passed. 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. A S. Skelton, the distinguished Solicitor-General of the Northern Judicial Circuit, and Han. J. E. Cobb, both prominent citizens of Hartwell, Georgia. By Senator Harrison of the 17th District- A resolution extending the privileges of the floor to Han. Wallace Shuman, Han. Charles E. Anderson, and Han. Robert E. Hobbs, prominent citizens of Millen, Georgia. By Senator Harrell of the 12th District- A resolution extending the privileges of the floor to Mrs. Susie Abell, Miss Myrd Horne, and Miss Vallie Weaver, charming citizens of Stewart County, Georgia. By Senator Shedd of the 3rd District- A resolution extending the privileges of the floor to Han. Raymond Pierce, Judge of the City Court of Jesup, Georgia. ~y Senator Lindsay of the 34th District- A resolution extending the privileges of the floor to Mrs. Henrietta L. Turner and Mrs. Ralph Turner, wife of the Senator from the 35th District, both charming citizens of Henry County, Georgia. !3y Senator Atwood of the 2nd District- \ ,.J}A resolution extending the privileges of the floor to Han. W. S. 1 yson, former member of the Senate from the 2nd District. Senator Terrell of the 19th 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. 1120 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., FRIDAY, FEBRUARY 4, 1938. 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 Hon. Joseph A. Moore, member of the House of Representatives from Baldwin County. 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 Terrell of the 19th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Passage of local uncontested bills and resolutions of the Senate and House. 5. First reading of House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for the third reading. The consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate amendments to the following resolution of the House, to-wit: FRIDAY, FEBRUARY 4, 1938. 1121 By Messrs. Booth of Barrow, Brooks ofJackson, Fitts of Madison. and Joel of Clarke- House Resolution No. 132-485a. A resolution to pay tribute to one of Georgia's noble sons by naming State Road No. 15 the Crawford W. Long Memorial Highway. The House has agreed to the Senate substitute to the following bill of the House, to-wit: By Messrs. Davis, Lanham, and Keel of Floyd- House Bill No. 484. A bill to be entitled an Act to authorize the boards of education of all counties in the State of Georgia having a population according to the United States census of 1930, to create a retirement or pension fund out of which to pay retirement pay or pensions to teachers and other employees of such boards of education, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Mr. Reid of Wilcox- House Bill No. 542. A bill to be entitled an Act to abolish the County Depository of Wilcox County; to provide for the election of a County Treasurer; and for other purposes. By Mr. Campbell of Newton- House Bill No. 537. A bill to be entitled an Act to amend an Act entitled" Highway Mileage," by adding certain mileage to the System of State Aid Roads in Newton County, and for other purposes. The House has passed by the requisite constitutional majority, as amended, the following bill of the Senate, to-wit: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, and Purdom of the 46th District- 1122 JouRNAL OF THE SENATE, Senate Bill No. 3. A bill to be entitled an Act to define and enlarge the jurisdiction of Courts of Ordinary in certain counties with reference to the disposition of misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Messrs. Carmichael and Welsch of Cobb- House Bill No. 543. A bill to be entitled an Act to amend the Constitution of Georgia so as to allow the County of Cobb to establish districts and systems of fire prevention, and for other purposes. The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senator Pope of the 7th District- Senate Bill No. 144. A bill amending Code Section 3Q--204 with reference to orders allowing alimony, and for other purposes. Referred to Committee on General Judiciary No. 1. Senator Allen of the 31st District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 522. Do pass. Respectfully submitted, ALLEN, Chairman. FRIDAY, FEBRUARY 4, 1938. 1123 .Senator Johnson of the 42nd District, Chairman of the Committee on Public Library, submitted the following report: Mr. President: Your Committee on Public Library have had under consideration the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Resolution No. 101. Do pass. 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 have had under consideration the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Resolution No. 156-528a. Do pass. Respectfully submitted, jACKSON, Chairman. Senator Flynt of the 26th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 260. Do pass. Respectfully submitted, FLYNT, Chairman. 1124 JouRNAL OF THE SENATE, Senator Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report: Mr. President: Your Committee on Pensions have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 143. Do pass. Respectfully submitted, KIMBROUGH, 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 GeneralJudiciary No. 1 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 531. Do pass. Respectfully submitted, LINDSAY, Chairman. Senator Harrell of the 12th District, Chairman of the Committee on Corporations, submitted the following report: Mr. President: Your Committee on Corporations have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 142. Do pass. Respectfully submitted, HARRELL, Chairman, FRIDAY, FEBRUARY 4, 1938. 1125 Senator Atkinson of the 1st District moved that the Senate disagree to the House amendment to Senate Bill No. 3, a bill increasing the duties and powers of the Ordinaries of the several counties of the State, and that a Committee of Conference be appointed by the President to confer with a like Committee from the House. The motion prevailed and the President named as a Committee of Conference on the part of the Senate to confer with a like Committee from the House on Senate Bill No. 3 the following members of the Senate, to-wit: Senators Forrester of the 44th District, Hardman of the 33rd District~ and Atkinson of the 1st District. The following resolution of the Senate was read and adopted: By Senators Forrester of the 44th District, Burgin of the 24th District, and Williams of the 5th District- Senate Resolution No. 64. A resolution inviting and urging the vocal quartette of the House of Representatives to sing for the members of the Senate on today at their earliest convenience. The following bills of the House, favorably reported by the committees, were read the second time: By Messrs. Cochran of Thomas, Houston of Worth, Hogg of Marion, and others- House Bill No. 260. A bill to appropriate the sum of $50,000.00 to be used in the prevention and control of plant disease and dangerous insects, and for other purposes. By Mr. Fowler of Treutlen- House Bill No. 396. A bill appropnatmg the sum of $20,000.00 for the Forestry Department to be used during the year 1938 for the purpose of developing the paper-pulp industry in this state, and for other purposes. By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 522. A bill to amend Section 92-4101 of the 1126 JouRNAL OF THE SENATE, Code of 1933 as applies to the City of Augusta, and for other purposes. By Mrs. Mankin, Messrs. Kendrick and Hastings of Fulton- House Bill No. 531. A bill amending Code Section 24-2715 with reference to the authority granted to the Clerks of Court in counties of a certain population, and for other purposes. The following resolutions of the House, favorably reported by the committees, were read the second time: By Mr. Thomas of Chattooga- House Resolution No. 101. A resolution furnishing the Georgia Code of Laws of 1933 for Chattooga County, and for other purposes. By Messrs. Lanham, Keel, and Davis of Floyd- House Resolution No. 156. A resolution relieving Mrs. Ida Lesser of Floyd County of liability on a Criminal Bond, and for other purposes. 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. 142. A bill amending an Act authorizing the chartering and empowering of corporations, and for other purposes. By Senator Pruett of the 32nd District- Senate Bill No. 143. A bill amending Section 78-216 of the Code of 1933, providing a pension of $40.00 per month to confederate veterans, and for other purposes. The following bill of the Senate was read the third time and put upon its passage: By Senator Whitehead of the 30th District- Senate Bill No. 141. A bill amending the Act incorporating the Town of Hartwell, and all Acts amendatory thereof, by au- FRIDAY, FEBRUARY 4, 1938. 1127 thorizing the governing authorities of said city to enact zoning laws, and for other purposes. The report 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 Mr. Campbell of Newton- House Bill No. 537. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. Referred to Committee on Highways and Public Roads. By Mr. Reid of Wilcox- House Bill No. 542. A bill abolishing the County Depository of Wilcox County; to provide for the election of a County Treasurer; and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Carmichael and Welsch of CobbHouse Bill No. 543. A bill amending the Constitution so as to allow the County of Cobb to establish districts and systems of fire prevention, and for other purposes. Referred to Committee on Amendments to the Constitution. The following communication was read by the Secretary of the Senate: THE WHITE HOUSE WASHINGTON February 2, 1938. My dear Mr. Hammond: The President has received the resolution adopted by the Geor- 1128 JouRNAL oF THE SENATE, gia State Senate regarding the survey of the penal system of Georgia made by the Prison Industries Reorganization Administration. He thanks you for your courtesy in forwarding the resolution to him and asks if you will not be good enough to convey to the members of the Senate his sincere appreciation of the friendly thought which prompted its adoption. Very sincerely yours, M. H. MciNTYRE, Secretary to the President. Hon. John W. Hammond, Secretary of the Senate, Senate Chamber, Atlanta, Georgia. The vocal Quartette of the House of Representatives, accompanied by a distinguished Committee of Escort, were admitted to the Senate Chamber. The Quartette rendered several musical selections which were attentively received by the members of the Senate. The President expressed the appreciation and thanks of the Senate to the Quartette for their program of entertainment. Senator Harrell of the 12th District moved that when the Sennate adjourn today that it stand adjourned until Monday, February 7th, at 10:00 o'clock A. M. The motion prevailed. A sealed communication from His Excellency, the Goverrror, was received through the Executive Secretary, Hon. Downing Musgrove. Senator Lindsay of the 34th District moved that the Senate recede from regular business session and go into executive session and the motion prevailed. FRIDAY, FEBRUARY 4, 1938. 1129 The President ordered the floor of the Senate and the gallery of the Senate cleared of all persons not entitled to the privileges of the floor under the rules governing executive sessions. The following communication was transmitted to His Excellency, the Governor, by the Secretary of the Senate: February 4, 1938. HoN. E. D. RIVERS, Governor, Executive Department, State Capitol, Atlanta, Georgia. My dear Governor: I have the honor to report to you that the State Senate, in Executive Session this date, confirmed the following nomination sent by you to the Senate: Hon. T. Grady Head, of Ringgold, Catoosa County, Georgia, to be State Revenue Commissioner, the appointment to become effective as of the date the Tax Reorganization Bill itself becomes effective. The vote was unanimous, 40 to 0. With expressions of high regard, I am Sincerely yours, JoHN W. HAMMOND, Secretary Georgia Senate. The President called the Senate to order. By unanimous consent, the following bill of the Senate was introduced, read the first time, and referred to the committee: By Senators Atkinson of the 1st District, Lindsay of the 34th District, and Pope of the 7th District- Senate Bill No. 145. A bill amending an Act approved February 3, 1938, known as the Tax Reorganization Act, by 1130 JouRNAL OF THE SENATE, striking Section 48, which fixes the effective date of the Act, and for other purposes. Referred to Committee on Finance. The following privilege resolutions were read and adopted: By Senators Spivey of the 16th District, Burgin of the 24th District, Harrison of the 17th District, and Harrell of the 12th District- A resolution extending the privileges of the floor to Mrs. Alpha Fowler, the charming wife of the Senator from the 39th District, and their two sons, Oscar and Jimmy. By Senator Atkinson of the 1st District- A resolution extending the privileges of the floor to Hon. John G. Kennedy, member of the Board of Regents of the University System of Georgia and former member of the General Assembly. By Senator Harrell of the 12th District- A resolution extending the privileges of the floor to Han. H. V. Davis, prominent citizen of Richland, Georgia. Senator Harrell of the 12th District moved that the Senate do now adjourn and the mo'tion prevailed. The President announced that the Senate stood adjourned until Monday, February 7th, 1938, at 10:00 o'clock A. M. MoNDAY, FEBRUARY 7, 1938. 1131 SENATE CHAMBER, ATLANTA, GA., MoNDAY, FEBRUARY 7, 1938. 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 Friday's proceedings had been examined and found to be correct. Senator Millican of the 52nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. The Journal was confirmed. Senator Pope of the 7th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on 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 Joe Boone, the Clerk thereof: 1132 JouRNAl. oF THE SENATE, Mr. President: The House has passed by the requisite constitutional majority the following bill of the House, to-wit: By Mr. Herndon of Hart- House Bill No. 544. A bill to be entitled an Act to amend an Act approved February 26, 1856, incorporating the Town of Hartwell in Hart County, and for other purposes. The following bill of the Senate was introduced, read the first time, and referred to the committee: By Senator Lindsay of the 34th District- Senate Bill No. 146. A bill creating the office of State Ranger for the Tattnall Prison Property, and for other purposes. Referred to Committee on Penitentiary. The following resolutions of the Senate were introduced, read the first time, and referred to the committees: By Senators Terrell of the 19th District and Whitehead of the 30th District- Senate Resolution No. 65. A resolution to adjourn the General Assembly sine die February 12th. Referred to Committee on Rules. By Senators Williams of the 5th District and Shedd of the 3rd District- Senate Resolution No. 66. A resolution expressing confidence of Senate in Hon. W. W. Webb, Director of Old Age Pensions. Referred to Committee on Rules. By Senator Shedd of the 3rd District- Senate Resolution No. 67. A resolution proposing to the qualified voters of Georgia an amendment to the Constitution authorizing the Board of Education of Brantley County to levy a school tax, and for other purposes. Referred to Committee on Amendments to the Constitution. MoNDAY, FEBRUARY 7, 1938. 1133 Senator Shedd of the 3rd District arose to a point of personal privilege and addressed himself to the Senate. Senator Atkinson of the 1st District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Game and Fish, read a second time, and recommitted to the Committee on Game and Fish: By Messrs. Lewis of Burke and Jones of Jenkins- House Bill No. 117. A bill authorizing the Director of Wild Life to make necessary regulations providing for the control of the fish industry, and for other purposes. The consent was granted, the bill read a second time and recommitted. 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 to the Committee on Municipal Government: By Messrs. Harris and Milam of Spalding- House Bill No. 208. A bill to amend an Act granting a charter for the City of Griffin, 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 Senate be withdrawn from the Committee on Finance, read a second time, and recommitted to the Committee on Finance: By Senators Atkinson of the 1st District, Lindsay of the 34th District, and Pope of the 7th District- Senate Bill No. 145. A bill amending the Act approved February 3, 1938, known as the Tax Reorganization Act, by striking Section 48, which fixes the effective date of the Act, and for other purposes. The consent was granted, the bill read a second time and recommitted. 1134 JouRNAL OF THE SENATE, The following bills and resolutions of the House were read the third time and put upon their passage: By Messrs. Harris, Lanier, and Barrett of Richmond- House Bill No. 522. A bill to be entitled an Act to amend Section 92-4101 of the Code of 1933 as applies to 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 29, the nays 0. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Kendrick and Hastings of FultonHouse Bill No. 531. A bill to amend sub-paragraph 8 of Sec- tion 24-2715 of the Code of Georgia of 1933 by providing that in counties of 200,000 or more the Clerk may provide a suitable cross-reference card index 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 Mr. Thomas of ChattoogaHouse Resolution No. 101. A resolution providing that the Georgia Code ofLaws of 1933 be furnished to Chattooga 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 resolution, the ayes were 32, the nays 0. The resolution having received the requisite constitutional majority was adopted. By Messrs. Lanham, Keel, and Davis of FloydHouse Resolution No. 156. A resolution relieving Mrs. Ida MoNDAY, FEBRUARY 7, 1938. 1135 Lesser of Floyd County of liability on a Criminal Bond, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the adoption of the resolution, the ayes were 32, the nays 0. The resolution having received the requisite constitutional majority was adopted. The following bill of the House was read the first time and referred to the committee: By Mr. Herndon of Hart- House Bill No. 544. A bill amending an Act incorporating the Town of Hartwell, and for other purposes. Referred to Committee on Municipal Government. Senate Bill No. 39, a bill authorizing certain counties to create a retirement fund for teachers and employees of county and city school systems, was taken up for the purpose of considering the following House amendments thereto: By the Committee: To amend by striking the figures "35,000" in line 6 of Section 1 and inserting between the words "than" and "and" the following: "26,559 and not less than 26,557 according to the 1930 census" Also amend caption accordingly. By the Committee: To amend by striking the figures "25,000" in line 7 of Section 1 and inserting between the words "than" and "both" the following: "15,511 and not less than 15,509 according to the 1930 census" Also amend the caption accordingly. The Senate agreed to the House amendments to Senate Bill No. 39. 1136 JouRNAL OF THE SENATE, The following bills and resolutions of the Senate and House were read the third time and put upon their passage: By Senator Shannon of the 21st District- Senate Bill No. 134. A bill to amend the Act known as the "Factory for the Blind," and for other purposes. The report 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 Shannon of the 21st District asked unanimous consent that Senate Bill No. 134 be immediately transmitted to the House and the consent was granted. By Mr. Key of Jasper- House Resolution No. 32. A resolution to make appropriation for operations of the State Radio Commission as authorized by resolution approved March 30, 1937; also providing that no State Official shall use same for political purposes without paying for the time; and for other purposes. Senator Lindsay of the 34th District offered the following amendment to House Resolution No. 32: To amend by adding at the end of the second paragraph of said resolution the following words: "as specifically set forth in the Act approved March 30, 1937, establishing said Radio Commission." The amendment by Senator Lindsay 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 providing for an appropriation, the roll was called and the vote was as follows: MoNDAY, FEBRUARY 7, 1938. 1137 Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Aultman Brock Burgin Chason Clements Forrester Griner Hampton Hardman Harrison Horne Jackson Kimbrough Knabb Lindsay Millican Neely Patten Peebles Peterson Phillips Pope Pruett Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Turner Walker Williams Those voting in the negative were Senators: Jones Moye Whitehead Verification of the roll call was dispensed with. The ayes were 38, the nays 3. The resolution having received the requisite constitutional majority was adopted, as amended. Not voting were: Senators Burrell of the 40th District, Ennis of the 20th District, Flynt of the 26th District, Fowler of the 39th District, Harrell of the 12th District, Holmes of the 22nd District, Johnson of the 42nd District, McCutchen of the 43rd District, McKenzie of the 48th District, and Purdom of the 46th District. By Senator Pope of the 7th District- Senate Bill No. 142. A bill amending the Corporation Act approved January 28, 1938, with reference to the chartering and empowering of corporations, and for other purposes. The report 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 Peebles of the 18th DistrictSenate Resolution No. 25. 1138 JouRNAL oF THE SENATE, A RESOLUTION Proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph I, Section I, Article VII of the Constitution of Georgia, so as to enable the General Assembly to exercise the power of taxation for the purpose of the support of county government, and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Paragraph I, Section I, Article VII of the Constitution of Georgia be and the same is hereby amended by adding at the end of said paragraph the following language: "To empower the General Assembly to exercise the power of taxation for the support of county government." Sec. 2. When this 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 shall be published in one or more newspapers in each congressional district in the State by direction of the Governor for two months previous to the time for holding the next general election 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 I, Section I, Article VII, of the Constitution, empowering the General Assembly to exercise the power of taxation for the support of county government." 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 I, Section I, Article VII, of the Constitution, empowering the General Assembly to exercise the power of taxation for the support of county government." 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, andre- MoNDAY, FEBRUARY 7, 1938. 1139 turn 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 a daily paper of this State, declaring the amendment ratified. The Committee on Amendments to the Constitution offered the following amendment to Senate Resolution No. 25: To amend by striking from Section 1 the following words: "To empower the General Assembly to exercise the power of taxation for the support of county government" and inserting in lieu therefor the following: "To empower the General Assembly to make appropriations to county governments for the support of their governmental functions." And to amend the caption accordingly. The committee amendment was 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, as amended, it being a proposed amendment to the Constitution, the roll was called. Senator Patten of the 6th District moved that Senate Resolution No. 25, as amended, be tabled and the motion prevailed. By Senator Williams of the 5th District- Senate Bill No. 126. A bill amending the Constitution so as to authorize the City of Homerville to incur an additional bonded indebtedness, and for other purposes. The Committee on Amendments to the Constitution offered the following amendment to Senate Bill No. 126: To amend by striking the figures "1938" wherever they appear in the caption and bill and inserting in lieu thereof the figures "1939." To further amend by striking the figures "$11,400.00" whereever the said figures appear in the bill and inserting in lieu thereof the words and figures "fourteen thousand four hundred dollars ($14,400.00)." 1140 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, 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 Atwood Aultman Brock Burgin Burrell Chason Fowler Griner Hampton Hardman Harrison Horne Jackson Johnson Jones Kimbrough Knabb Lindsay Millican Moye Neely Patten Peebles Peterson Phillips Pope Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Turner 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, as amended. Not voting were: Senators Allen of the 31st District, Cfements of the 9th District, Ennis of the 20th District, Flynt of the 26th District, Forrester of the 44th District, Harrell of the 12th District, Holmes of the 22nd District, McCutchen of the 43rd District, McKenzie of the 48th District, and Thrasher of the 27th District. Senate Bill No. 126, as amended, 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 of Homer- MoNDAY, FE.SRUARY 7, 1938. 1141 ville 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 and interest thereon due and unpaid up to and including January 1, 1939; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon that is or may become due and unpaid as of January 1, 1939; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: "And except that the City of Homerville may issue refunding serial bonds not in excess of the aggregate sum of $14,400.00 for' the purpose of refunding and retiring any bonded indebtedness and interest thereon of said city outstanding, past due and unpaid up to and including January 1, 1939, and providing 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 Homerville to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is or may become due and unpaid as of January 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council and shall be validated as provided by law." 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 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 of this State may be voted on, and shall at said general election be submitted to the people 1142 JouRN"AL or THE SENATE, 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 of Homerville to issue refunding bonds," 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 of Homerville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, 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 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Sec. 3. All laws an:d parts of laws in conflict herewith are hereby repealed. By Senator Pruett of the 32nd District- Senate Bill No. 143. A bill to amend Section 78-216 of the Code of 1933, providing a pension of $40.00 per month to confederate veterans, and for other purposes. Senator Lindsay of the 34th District moved that Senate Bill No. 143 be tabled and the motion prevailed. The following privilege resolution was read and adopted: By Senator Spivey of the 16th District- A resolution extending the privileges of the floor to Miss Katheryne Atkinson of Savannah, the charming daughter of the Senator from the 1st District. 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 morning at 10:00 o'clock. TUESDAY, FEBRUARY 8, 1938. 1143 SENATE CHAMBER, ATLANTA, GA., TuESDAY, FEBRUARY 8, 1938. 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 and found to be correct. Senator Millican of the 52nd District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. The Journal was confirmed. Senator Terrell of the 19th District asked unanimous consent that, following the first part of the period of unanimous consents, the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local uncontested Senate and House bills and resolutions. 5. First reading and reference of House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. 1144 JouRNAL OF THE SENATE, The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate amendments to the following bill of the House, to-wit: By Messrs. Dampier and Larsen of Laurens- House Bill No. 291. A bill to be entitled an Act to amend an Act approved March 28, 1935, providing for special criminal bailiffs in counties having a population of 35,000 or more, 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 on Penitentiary, read a second time, and recommitted to the Committee on Penitentiary: By Senator Lindsay of the 34th District- Senate Bill No. 146. A bill creating the office of State Ranger for the Tattnall Prison Property, and for other purposes. The consent was granted, the bill read a second time and recommitted. Senator Lindsay of the 34th District asked unanimous consent that the following. bill of the Senate be withdrawn from the Committee on Gene.ral Judiciary No. 1, read a second time, and recommitted to the Committee on General Judiciary No. 1: By Senator Pope of the 7th District- Senate Bill No. 144. A bill amending Code Section 30-204 with reference to orders allowing alimony, and for other purposes. The consent was granted, the bill read a~second time and recommitted. Senator Phillips of the 29th District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Highways and Public Roads, read a second time, and recommitted to the Committee on Highways and Public Roads: TuESDAY, FEBRUARY 8, 1938. 1145 By Mr. Hand of Mitchell- House Bill No. 518. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Perry and Houston of Worth, and Parker and Barlow of Colquitt- House Bill No. 520. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Messrs. Scruggs and Dukes of Washington, and Moore and Ennis of Baldwin- House Bill No. 536. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. By Mr. Campbell of Newton- House Bill No. 537. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. The consent was granted, the bills read a second time and recommitted. The following resolution of the Senate was read and adopted: By Senators Millican of the 52nd District, Allen of the 31st District, Lindsay of the 34th District, Atkinson of the 1st District, and Pope of the 7th District- Senate Resolution No. 68. A resolution deploring the death of Hon. Robert Cotton Alston, a distinguished attorney and prominent citizen of the City of Atlanta, and for other purposes. The following report of the Committee of Conference on House Bill No. 349 was read and adopted: Mr. President: Mr. Speaker: Your Committee of Conference on House Bill No. 349 submits the following: 1146 JouRNAL OF THE SENATE, That the House recede from its position in not adopting Sections 1 and 2 of Senate Substitute to House Bill No. 349. That the Senate recede from its position in adopting Sections 3 and 4 of Senate Substitute to House Bill No. 349. That Section 5 of the Senate Substitute known as the repealing Section be changed to read Section 3. Respectfully submitted, MILLICAN of the 52nd District, HoLMES of the 22nd District, SuTToN of the 47th District. On the part of the Senate. HASTINGS, MANKIN, KENDRICK, Fulton Delegation On the part of the House. Senator Peebles of the 18th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 508. Do pass. Respectfully submitted, PEEBLES, 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 have had under consider- TuESDAY, FEBRUARY 8, 1938. 1147 ation the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 117. Do pass, by substitute. Respectfully submitted, AuLTMAN, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 140. Do pass, by substitute. Respectfully submitted, SuTToN, Chairman. Senator Fowler of the 39th District, Vice-Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me, as ViceChairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 145. Do pass. Respectfully submitted, FowLER, 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 have had under 1148 JouRNAL OF THE SENATE, consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 544. Do pass. Respectfully submitted, PEEBLES, 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 have had under consideration the following bill and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 543. Do pass. Senate Resolution No. 67. Do pass. 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 Countv Matters have had under consideration the following bill of the. House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 534. Do pass. Respectfully submitted, JACKSON, Chairman. Senator Sutton of the 47th District, Chairman of the Committee on Motor Vehicles, submitted the following report: TUESDAY, FEBRUARY 8, 1938. 1149 Mr. President: Your Committee on Motor Vehicles have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 194. Do not pass. House Bill No. 126. Do pass. Respectfully submitted, SuTTON, Chairman. We, the undersigned members of the Committee on Motor Vehicles, submit this our minority report on House Bill No. 194, and recommend that the same do pass. This the 7th day of February, 1938. Respectfully submitted, Senators NEELY of the 36th District, SHEDD of the 3rd District, GRINER of the 45th District, PuRDOM of the 46th District, SuTTON of the 47th District, and PHILLIPS of the 29th District. The following bills of the House, favorably reported by the committees, were read the second time: By Mr. Larsen of LaurensHouse Bill No. 508. A bill amending the charter of the City of Dublin, and for other purposes. By Mr. Claxton of CamdenHouse Bill No. 534. A bill reducing the official bond of the Sheriff of Camden County, and for other purposes. By Messrs. Carmichael and Welsch of Cobb- House Bill No. 543. A bill amending the Constitution of 1150 JouRNAL oF THE SENATE, Georgia so as to allow the County of Cobb to establish districts and systems of fire prevention, and for other purposes. By Mr. Herndon of Hart- House Bill No. 544. A bill amending an Act incorporating the Town of Hartwell in Hart County, 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. 67. A resolution amending the Constitution so as to authorize the Board of Education of Brantley County to levy a school tax, and for other purposes. The following bill of the House was read the third time and put upon its passage: By Messrs. Lewis of Burke and Jones of Jenkins- House Bill No. 117. A bill to be entitled an Act providing for and authorizing the Director of Wild Life to make necessary rules and regulations providing for the control and conduct of the fish industry, and for other purposes. The Committee on Game and Fish offered the following substitute for House Bill No. 117: A bill to be entitled an Act to repeal an Act approved March 31, 1937, Georgia Laws, 1937, pages 671-674, and entitled "A bill to be entitled an Act to repeal an Act approved March 31, 1937, Georgia Laws, 1937, pages 671 to 674, entitled" An Act to provide for and to authorize the Director of Wild Life to make necessary rules and regulations to properly control and conduct the fish, shell fish, oyster, and sea food industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters, and sea foods; to regulate and define the different channels of marketing fish, shell fish, oysters, and sea food in this State; to provide that nothing in this Act. shall be construed to apply to or include canned food; and for other purposes," and in lieu thereof to enact laws authorizing the Commissioner of Agriculture TuESDAY, FEBRUARY 8, 1938. 1151 to promulgate rules and regulations in reference to the sanitation, distribution and transportation of fish and sea foods; to provide an annual license for Wholesale Fish Dealers; to fix the duty of administering the law contained herein upon the Commissioner of Agriculture; to allocate the fees collected under this Act to the Department of Agriculture; to provide a penalty for violation of this Act; 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 a certain Act approved March 31, 1937, entitled" An Act to provide for and to authorize the Director of Wild Life to make necessary rules and regulations to properly control and conduct the fish, shell fish, oyster, and sea food industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters, and sea foods; to regulate and define the different channels of marketing fish, shell fish, oysters, and sea food in this State; to provide that nothing in this Act shall be construed to apply to or include canned food; and for other purposes," be and the same is hereby repealed. Sec. 2. That in lieu of the repealed Act the following be enacted by the General Assembly of the State of Georgia: Sec. 3. Be it enacted by the General Assembly of the State of Georgia that from and after the passage and approval of this Act it shall be the duty of the Commissioner of Agriculture of the State of Georgia to administer this Act. It may be administered by him in connection with the administration of the Food and Drug Acts of the State. Sec. 4. Unless the context clearly discloses a different meaning the following words and phrases as used in this Act shall have the following meanings: (a) "A wholesale fish dealer" shall be held to mean and include any person, firm, association of persons or corporation who buys and sells fish or sea food of any kind to a retail dealer, a wholesale dealer, hotels, restaurants, and/or other public eating places of any kind or nature whatsoever. 1152 JouRNAL OF THE SENATE, (b) "A non-resident of the State of Georgia" shall be held to mean and include a person who has not maintained a continuous residence in the State of Georgia for one year and actually resided therein for six months next preceding the time when he makes application for a license. (c) "A resident of the State of Georgia" shall be held to mean and include a person who has maintained a continuous residence in the State of Georgia for one year and has actually resided therein for six months next preceding the time when he makes application for a license and in case of a corporation shall have been organized under the laws of the State of Georgia, and a majority of the stockholders shall be residents of Georgia, or shall have become domesticated and qualified in case of a foreign corporation with the Secretary of State to do business in this State six months before making application for license. (d) "Sea food" shall be held to mean and include all fresh or frozen fish, all shell fish, such as shrimp, oysters, clams, scallops, lobsters, crawfish, and other edible products of the waters wheresoever located. Sec. 5. No person, firm, association of persons or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in the State of Georgia without first having paid to the Commissioner of Agriculture of the State of Georgia the annual license fees hereinafter set out and having procured a license from the Commissioner of Agriculture authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of said wholesale dealers shall be as follows: (a) The annual license fee for each non-resident or alien wholesale fish dealer shall be the sum of $500.00. (b) Each and every resident wholesale fish dealer shall be required to pay an annual license tax of $50.00. Sec. 6. Each and every person desiring to engage in the business of wholesale fish dealer in the State of Georgia shall annually on or before the first day of January in each and every year make application to the Commissioner of Agriculture of the State of TUESDAY, FEBRUARY 8, 1938. 1153 Georgia for a license in which such applicant shall state his name, his post office address, the nature of business in which he desires to engage, and the place at which he proposes to conduct his business. Such applicant shall also furnish to the Commissioner such other and additional information as said Commissioner may require. When such information is furnished the Commissioner of Agriculture shall advise the applicant the amount of the license tax required of such applicant, and when said annual license tax is paid the Commissioner of Agriculture shall issue to such applicant a license which shall particularly state the nature of the business which the applicant thereunder is authorized to conduct in this State and the place or places from which it may be conducted. The annual license fee shall be payable within 30 days after the passage and approval of this Act, and on or before January 1st of each and every year thereafter. Provided, however, that whenever an application is submitted after July 1st of any year the annual license fee for the remaining portion of such year shall be one-half of the annual license fee hereinabove specified. Sec. 7. The Commissioner of Agriculture shall be authorized to regulate and prescribe rules and regulations with respect to the proper method of sanitation, distribution and transportation of all fish and sea foods in this State and as well all fish and sea food transported from all other States. To this end said Commissioner shall require that all fish and sea foods transported into and in and through the State of Georgia shall be in refrigerated cars or by refrigerated trucks with insulated bodies or in containers disconnected from the body of' the truck or by express or in boxes or other containers adequately iced. When fish and sea foods are so transported from this State by truck they shall be so equipped with inclosed insulated bodies or containers disconnected from the body of the truck with proper refrigeration to carry the fish and sea food in good condition with fifty per cent. weight of ice to weight of fish or sea foods. Sec. 8. The Commissioner of Agriculture shall be authorized to require each wholesale fish dealer having a fixed place of business to provide suitable equipment and sanitation to handle and care for fish and sea foods in a sanitary manner; and that each wholesale dealer having a fixed place of business shall have in his 1154 JouRNAL OF THE SENATE, place of business refrigerated or insulated box or cooler in which a degree of not higher than 40 degrees temperature shall be maintained and that his place of business shall have proper drainage and sewerage for the cars of waste in the proper dressing or processing of fish and sea foods. Sec. 9. That no person shall be permitted as a traveling fish dealer to conduct a business in the State of Georgia unless he is, or they are, so equipped with refrigerated and insulated containers and unless his vehicle is or their vehicles are so equipped with proper refrigeration or insulation as to provide adequate safeguards against the sale of unsanitary products, and no fish or sea foods can be sold by traveling wholesale fish dealers unless in original packages and from insulated and refrigerated bodies. Sec. 10. It shall be the duty of the Commissioner of Agri- culture to provide the proper and necessary inspection of all fish and sea foods sold or distributed in this State or transported into this State from other States. Sec. 11. All revenues obtained from the annual license fees exacted or required to be paid by and under the terms of this Act shall be allocated to the Department of Agriculture for the purpose of administering this Act. Sec. 12. Any person violating any provision or section of this Act or any valid rule or regulation promulgated by the Commissioner of Agriculture pursuant to the terms hereof shall be deemed guilty of a misdemeanor .and upon conviction shall be punished by imprisonment for not less than thirty days nor more than six months or by a fine of not less than $50.00 nor more than $500.00, or by both fine and imprisonment in the discretion of the Court. Sec. 13. If any section, provision or clause of this Act shall be declared void or unconstitutional, or if this Act as applied to any particular fact or circumstance shall be declared invalid or unconstitutional, such invalidity shall be not construed to affect the parts, clauses and provisions of this Act not so held to be invalid, or the application of this Act to other facts or circumstances not so held to be invalid. TuESDAY, FEBRUARY 8, 1938. 1155 Sec. 14. The license of any wholesale fish dealer is subject to revocation by the Commissioner of Agriculture for violation of any law, rule or regulation pertaining to the sale or distribution of sea foods or fish. Sec. 15. This Act shall take effect on the passage and approval hereof. Sec. 16. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. The following amendments to committee substitute to House Bill No. 117 were read and adopted: By Senator Harrison of the 17th District: To amend by striking all of paragraph (d) of Section 4, and substituting in lieu thereof the following: "(d)" Sea food shall be held to mean and include all fresh or frozen fish, and all fresh or frozen shell fish, such as shrimp, oysters, clams, scallops, lobsters, crawfish, and other similar fresh or frozen edible products of the water whatsoever. However, nothing in this Act shall apply to any canned or salted sea food. By Senators Atwood of the 2nd District and Atkinson of the 1st District: To amend: 1st. By striking the words "buy and" from the 5th line of subsection (a) of Section 4. 2nd. By adding a subsection to Section 5, to be known as subsection (c) as follows, to-wit: "(c) A resident who catches or produces the fish and other sea food he sells shall not be required to pay the license fee provided in subsection (b) above." By Senators Atwood of the 2nd District, Atkinson of the 1st District, and Harrell of the 12th District: To amend Section 7 by striking from line 6 after the words "said Commissioner" the word "shall" and inserting in lieu thereof the word "may." 1156 JouRNAL OF THE SENATE, By Senator Harrell of the .12th District: To amend by adding the following proviso at the end of Section 5, as follows: "Provided, however, that no rolling store tax shall be required of any wholesale dealer of fish as defined in this Act who sells no articles other than sea foods." By Senators Atwood of the 2nd District, Atkinson of the 1st District, and Harrell of the 12th District: To amend by striking all the words in the 6th and 7th lines of Section 9, after the word "products." By Senator Harrell of the 12th District: To amend by striking from Section 5, line 12 the figures "$50.00" and inserting in lieu thereof the figures "$10.00." 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 39, the nays 0. The bill having received the requisite constitutional majority was passed, by substitute, as amended. Senator Phillips of the 29th 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 on Appropriations: By Mr. Grayson of Chatham- House Bill No. 190. A bill amending Section 14 of the General Appropriation Act relating to the operating funds of the Agriculture Department, and for other purposes. The consent was granted, the bill read a second time and recommitted. Senator Allen of the 31st District asked unanimous consent that the following bill of the House be withdrawn from the Com- TuESDAY, FEBRUARY 8, 1938. 1157 mittee on Counties and County Matters, read a second time, and recommitted to the Committee on Counties and County Matters: By Mr. Gross of Stephens- House Bill No. 530. A bill amending the Act abolishing the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes. The consent was granted, the bill read a second time and recommitted. By unanimous consent, the Senate agreed to recess at 12:30 o'clock P. M. to reconvene at 1:30 o'clock P. M. today for an afternoon session. The following bills of the House and Senate were read the third time and put upon their passage: By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin ofHeard, Rowland of Johnson, and Hampton of Fannin- House Bill No. 170. A bill to be en ti tied an Act to amend Part IV relating to fertilizers and fertilizer materials of Title 5 of the Georgia Code of 1933 relating to Agriculture, and for other purposes. The Committee on Agriculture offered the following amendment to House Bill No. 170: To amend by striking from line 42 of Section 3 the word "ten" and by substituting therefor the word "twelve"; and by striking from line 52 of Section 3 the word "thirteen" and by substituting therefor the word "fourteen." 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 37, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. 1158 JouRNAL OF THE SENATE, Senator Lindsay of the 34th District asked unanimous consent that House Bill No. 170 be immediately transmitted to the House and the consent was granted. By Senator Brock of the 37th District- Senate Bill No. 140. A bill amending the "Motor Carrier Act of 1931" by striking a Section of said Act, and for other purposes. Senator Millican of the 52nd District offered the following substitute for Senate Bill No. 140: A BILL To be entitled an Act to amend an Act entitled "Motor Carrier Act of 1931," by amending Section 2 of said Act, subsection 3 thereof, by striking said subsection 3 of said Section 2 in its entirety and inserting a new subsection to be known as subsection 3, 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, as follows: An Act, entitled "Motor Carrier Act of 1931," is hereby amended as follows: Section 2 of said Act is amended bv striking subsection 3 of said Section 2, in its entirety and ins~rting a new subsection to be known as subsection 3 and reading as follows: "Taxicabs or motor trucks of baggage, Transfer Companies and motor trucks of Railway Express Companies and/or motor trucks engaged exclusively in local draying which are operated within the incorporate limits of cities and towns and do not on any trips exceed a distance of ten miles beyond the limits of such city or town in which they operate and which do not operate between such city and town and fixed termini outside of such city or town limits. All companies operating motor vehicles as mentioned in this subsection which operate a greater distance than ten miles beyond the limits of the city or town in which they conduct their regular business shall not be exempt from the provisions of the Act, but shall come under the jurisdiction of the Georgia Public Service Commission. TUESDAY, FEBRUARY 8, 1938. 1159 "Provided, however, that no person, firm or corporation registered or having a business situs in a city having a population of 200,000 or more according to 1930 or any other future Federal Census shall be subject or included under the provisions of this Section." Sec. 2. This Act shall become effective immediately upon its final passage and approval. Sec. 3. All laws and parts of laws which may be in conflict with this Act be and the same are hereby repealed. Senator Patten of the 6th District moved that Senate Bill No. 140 and the substitute therefor be tabled and the motion was lost. Senator Harrell of the 12th District moved that the Senate do now adjourn and the motion was lost. Senator Terrell of the 19th District, presiding, announced that the hour of 12:30 o'clock P. M. having arrived the Senate stood recessed until 1:30 o'clock P. M. today. The hour of 1:30 o'clock P. M. having arrived the President called the Senate to order. Consideration of Senate Bill No. 140, the substitute and amendments thereto, was resumed. Senator Lindsay of the 34th District offered the following amendment to the Millican substitute for Senate Bill No. 140: To amend by adding at the end of Section 1 the following words: "and provided further that the provisions of this bill shall not apply to any person who owns and operates an automobile and transports not more than five passengers, regularly, from one location to another one round trip daily where the transportation of the passengers is not the primary purpose of the trip." The amendment by Senator Lindsay was adopted. Senators Pope of the 7th District, Patten of the 6th District, and Harrell of the 12th District offered the following amendment to the Millican substitute for Senate Bill No. 140: 1160 JouRNAL OF THE SENATE, To amend by adding a new section to be known as Section 2-A: "Section 2-A. Provided, however, that no person, firm, corporation or municipality shall fix, charge or establish any rate for the transportation of passengers for hire, except upon a mileage basis which shall be uniform for the distance travelled regardless of the point of origin or destination, and any person, firm or corporation violating this provision shall be guilty of a misdemeanor and upon conviction shall be punished as such, and any rule, regulation or ordinance of any city or municipality in conflict with this provision shall be void." The amendment by Senators Pope of the 7th District, Patten of the 6th District, and Harrell of the 12th District was adopted. The substitute by Senator Millican of the 52nd District, 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 Millican of the 52nd District arose to a point of personal privilege and addressed the Senate. Senator Patten of the 6th District asked unanimous consent that Senate Bill No. 140 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, Pope of the 7th District, and Atkinson of the 1st District- Senate Resolution No. 69. A RESOLUTION Whereas Hon. Arthur Lucas, Chairman of the Public Welfare Board of Georgia, rendered valuable service to the State of TUESDAY, FEBRUARY 8, 1938. 1161 Georgia by appointment of Governor Richard B. Russell, Jr., and rendered further valuable service to this State by appointment of Han. Eugene Talmadge, Governor, and Whereas Mr. Lucas has rendered wise, able and effective service to our State by appointment ofHon. E. D. Rivers, Governor, to the office of Chairman of Public Welfare Board of this State, and Whereas during all of the periods of service rendered by Mr. Lucas he has never at any time drawn any salary or per diem, and at all times and on all occasions has paid his own expenses, and has never drawn or received from the State of Georgia any compensation or expenses, and Whereas Mr. Lucas has given freely of his time and services to the State, and has by his unusual ability, his great interest in his State and its institutions been able to effectively and economically operate those institutions under his jurisdiction, R MEMBERS OF THE STATE BoARD OF EDUCATION: Dr. R. J. Kennedy, from the First District, for a term beginning July 1, 1937, and continuing to July 1, 1943. Mrs. Frank David, from the Third District, for a term beginning July 1, 1937, and continuing to July 1, 1941. A. H. Freeman, from the Fourth District, for a term beginning July 1, 1937, and continuing to July 1, 1943. Dr. W. A. Shelton, from the Fifth District, for a term beginning July 1, 1937, and ending July 1, 1941. H. C. Williams, from the Sixth District, for a term beginning July 1, 1937, and ending July 1, 1941. Mrs. Elizabeth McWaters, from the Seventh District, for a term beginning July 1, 1937, and ending July 1, 1943. S. I. Watson, from the Eighth District, for a term beginning July 1, 1937, and ending July 1, 1943. W. W. McCay, from the Ninth District, for a term beginning July 1, 1937, and ending July 1, 1939. W. C. Clary, Jr., from the Tenth District, for a term beginning July 1, 1937, and ending July 1, 1939. Mrs. A. B. Conger, of Bainbridge, for a term beginning July 1, 1937, and ending July 1, 1939, as representative on the Board from the Second District. 1228 JouRNAL OF THE SENATE, FoR MEMBERS oF THE STATE BoARD OF HEALTH: Dr. J. A. Corry, of Barnesville, from the Fourth District, for a term beginning September 1, 1937, and continuing to September 1, 1943, to succeed Dr. M. M. Head of Zebulon. Dr. D. N. Thompson, of Elberton, from the Tenth District, for a term beginning February 10, 1938, and continuing to September 1, 1943, to succeed Dr. W. A. Mulherin, of Augusta. Both of the above appointments were made in accordance with an act of the General Assembly requiring the Governor to make his selections from nominations of the Medical Association of Georgia. FoR MEMBERS OF THE PuBLIC WELFARE BoARD: A. T. Minchew, of Axson, for a term beginning April 2, 1937, and ending April 2, 1938. Arthur Lucas, of Atlanta, for a term beginning March 4, 1937, and ending March 3, 1940. Dr. J. R. Wilson, of Thomson, for a term beginning March 4, 1937, and ending March 3, 1940. Dr. J. S. Golden, of Jasper, for a term beginning March 4, 1937, and ending March 3, 1940. J. Hallman Bell, of Richland, for a term beginning March 11, 1937, and ending March 11, 1938. Capt. Frank W. Spencer, of Savannah, for a term beginning March 11, 1937, and ending March 10, 1938. A. T. Minchew, of Axson, to succeed himself for a term beginning April 2, 1938, and continuing for a period of three years therefrom. J. Hallman Bell, of Richland, to succeed himself for a term beginning March 11, 1938, and continuing three years therefrom. Capt. Frank W. Spencer, of Savannah, to succeed himself for a term beginning March 10, 1938, and continuing three years therefrom. FRIDAY, FEBRUARY 11, 1938. 1229 FoR DIRECTOR oF THE PuBLIC WELFARE DEPARTMENT: Lamar Murdaugh, of McRae, for a term beginning February 26, 1937, and continuing to February 25, 1939. FoR MEMBERS OF THE MILK CoNTROL BoARD: George A. Sancken, of Augusta, for a term beginning April 8, 1937, and continuing at the pleasure of the Governor. Mrs. J. Y. Conn, of Thomasville, for a term beginning April 8, 1937, and continuing at the pleasure of the Governor. J. Schley Thompson, of Atlanta, for a term beginning April 8, 1937, and continuing at the pleasure of the Governor. Glenn Holcombe, of DeKalb County, for a term beginning April 8, 1937, and continuing at the pleasure of the Governor. FoR DIRECTOR OF THE MILK CoNTROL BoARD: Charles C. Duncan, of Atlanta, for a term beginning April 8, 1937, and continuing at the pleasure of the Governor. FoR MEMBER oF THE PuBLic SAFETY DEPARTMENT: H. L. Padgett, of Appling County, for a term beginning August 29, 1937, and continuing at the pleasure of the Governor. FoR MEMBERS oF THE GEoRGIA RADIO CoMMISSION: Clark Howell, of Atlanta, for a term beginning August 31, 1937, and continuing to August 31, 1941. Charles S. Reid, of Atlanta, for a term beginning August 31, 1937, and continuing to August 31, 1941. L. W. Robert, Jr., of Atlanta, for a term beginning August 31, 1937, and continuing to August 31, 1941. In conformity with the act creating the Georgia Radio Commission, the Governor also commissioned the following ex-officio members: The Han. John B. Spivey, President of the Senate. The Hon. Roy V. Harris, Speaker of the House. 1230 JouRNAL or THE SENATE, The Han. M. L. Brittain, President of the Georgia School of Technology. FoR MEMBERS OF THE STATE ATHLETIC CoMMISSION: L. C. Burns, of Savannah, for a term beginning March 30, 1937, and ending January 1, 1941. Lester F. Elliott, of Augusta, for a term beginning March 30, 1937, and ending January 1, 1939. R. B. Norris, of Macon, for a term beginning March 30, 1937, and ending January 1, 1941. Ralph McGill, of Atlanta, for a term beginning March 30, 1937, and ending January 1, 1941. Alfred I. Young, of Colurn bus, to take the place of J. D. Mahaney, deceased, for a term beginning December 2, 1937, and ending January i, 1939. FoR DIRECTOR oF THE DiviSION oF MINEs, MINING AND GEOLOGY OF THE NATURAL RESOURCES DEPARTMENT: Capt. Garland Peyton, of Dahlonega, for a term beginning February 11, 1938, and continuing for four years therefrom. FoR MEMBERS OF THE STATE LICENSING BoARD FOR CoNTRACTORs: W. F. Scott, of Thomasville, for a term beginning April 7, 1937, and ending December 31, 1937. W. L. Cobb, of Decatur, for a term beginning April 7, 1937, and ending Decemher 31, 1938. E. M. Beckham, of Perry, for a term beginning April 7, 1937, and ending December 31, 1939. W. F. Scott, of Thomasville, to succeed himself for a term beginnin-g January 1, 1938, and continuing five years therefrom. W. L. Cobb, of Decatur, for a term beginning January 1, 1939, and continuing five years therefrom, as successor to himself. FRIDAY, FEBRUARY 11, 1938. 1231 FoR MEMBERS OF THE STATE PLANNING BoARD: Dr. Charles H. Herty, of Savannah, for a term beginning March 8, 1937, and continuing until March 8, 1941. Miss Martha Berry, of Rome, for a term beginning March 8, 1937, and continuing to March 8, 1940. H. T. Mcintosh, of Albany, for a term beginning March 8, 1931, and co~tinuing to March 8, 1942. In conformity with the act creating the State Planning Board, the Governor also commissioned the following ex-officio members: Dr. M. D. Collins, State Superintendent of Schools. Dr. T. F. Abercrombie, Director of Public Health. Jim L. Gillis, member of the State Highway Board. Also appointed under authority of the Governor was: James W. Woodruff, of Columbus, for a term beginning March 20, 1937, and continuing to March 20, 1939. FoR SuPERVISOR oF PuRCHASES: John C. Lewis, of Sparta, for a term beginning April 15, 1937, and continuing at the pleasure of the Governor. FoR CoMMISSIONER oF LABOR: T. E. Whitaker, of Decatur, for a term beginning March 31, 1937, and continuing until his successor is elected and qualified as provided by law. FoR SECRETARY OF THE ExECUTIVE DEPARTMENT: Downing Musgrove, of Homerville, for a term beginning January 12, 1937, and continuing at the pleasure of the Governor. FoR PRIVATE SECRETARY TO THE GovERNOR: Miss Gertrude Liles, of Lakeland, for a term beginning January 12, 1937, and continuing at the pleasure of the Governor. 1232 JouRNAL OF THE SENATE, The vote on all of the foregoing nominations was ayes 45, nays 0. Very sincerely yours, JoHN W. HAMMOND, Secretary State Senate. Senator Terrell of the 19th District, presiding, called the Senate to order. The Senate stood recessed subject to the call of the Chair. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Mr. Zellner of Monroe- House Resolution No. 180. A resolution of praise and commendation for and to the Atlanta Constitution, sponsor of a movement denominated as "Plant to Prosper" campaign, and for other purposes. The House has agreed to the Senate amendments to the following bills of the House, to-wit: By Messrs. Joel of Clarke, Reid and Beck of Carroll, Newby of Twiggs, Striplin of Heard, Rowland of Johnson, and Hampton of Fannin- House Bill No. 170. A bill to be entitled an Act to amend Part IV relating to fertilizers and fertilizer materials of Title 5 of the Georgia Code of 1933 relating to Agriculture, and for other purposes. By Messrs. Harris and Milam of Spalding- House Bill No. 208. A bill to be entitled an Act to amend an Act granting a charter for the City of Griffin, and the Acts amendatory thereof, so as to authorize the City of Griffin to furnish pensions to the police and fire departments of said city, and for other purposes. FRIDAY, FEBRUARY 11, 1938. 1233 By Mr. Jones of Brantley- Hause Bill No. 495. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Bradley of Tattnall, Perry and Houston of Worth, and Sabados of Dougherty- House Resolution No. 186. A resolution extending the time for the purchase of automobile tags, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the report of the Committee of Conference on House Bill No. 161, the Rolling Store Bill, and requests the appointment of another Committee of Conference on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 161. The Speaker has appointed as a second 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. 161, the following members of the House, to-wit: Messrs. Harrell of Brooks, Weaver of Bibb, and Parker of Colquitt. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority, as amended, the following bill of the Senate, to-wit: 1234 JouRNAL OF THE SENATE, By Senator Hardman of the 33rd District- Senate Bill No. 58. A bill to be entitled an Act authorizing the State Purchasing Department to purchase all cigarette tax stamps, fertilizer tax tags and all other stamps of a tax nature, and for other purposes. The President named as a second Committee of Conference on the part of the Senate to confer with a like committee from the House on House Bill No. 161, known as the Rolling Store Tax Bill, the following members of the Senate, to-wit: Senators Shedd of the 3rd District, Peterson of the 15th District, and Fowler of the 39th District. The Senate receded from its position on the Senate amendments to House Bill No. 126, known as a bill to permit reciprocal agreements between motor vehicle operators of this State and other States. The following resolution of the Senate was read and adopted: By Senators Spivey of the 16th District, Atkinson of the 1st District, Pope of the 7th District, Aultman of the 23rd District, Holmes of the 22nd District, and Williams of the 5th District, and others- Senate Resolution No. 80. A resolution expressing the thanks of the Senate to The Macon Telegraph Publishing Company for their courtesy in furnishing the Senate with copies of the Macon Telegraph daily, and for other purposes. The following communication was read by the Secretary of the Senate: February 11, 1938. HoN. JoHN B. SPIVEY, President, State Senate, State Capitol, Atlanta, Georgia. My Dear Mr. President: I am of the opinion that the State can, under the Constitution, FRIDAY, FEBRUARY 11, 1938. 1235 allocate or appropriate money to the counties to be used solely for the expenses of operating the courts and for educational purposes, they being State functions. In an effort to be helpful the Law Department has made some suggestions as to amending the caption of House Bill No. 540 and also some suggestions as to amendments to Section 3 thereof. Yours sincerely, M. J. YEOMANS, Attorney General. The following communication was read by the Secretary of the Senate: February 11, 1938. HoN. JoHN B. SPIVEY, President, and Members of the Georgia St~te Senate, Atlanta, Georgia. Gentlemen: We want to express to your honorable body our sincere appreciation of your interest in and sympathetic cooperation with this Department which has been shown by your deliberations throughout your sessions. We appreciate very much the confidence and approval of our administration of the affairs of the Highway Department as expressed in the Resolution passed by your body yesterday. We pledge you our continued best efforts toward administering the affairs of this Department in a fair, impartial and businesslike manner. We are sure you have the commendation of the good people of Georgia for your untiring, conscientious service, given at a personal sacrifice, in putting into effect in this State a great, humanitarian and economic program for the general good of all our people. Most of you probably will be back in Atlanta from time to 1236 JouRNAL oF THE SENATE, time during the year, and we hope you will have time to call by to see us. Sincerely yours, STATE HIGHWAY BOARD OF GEORGIA W. LINT MILLER, Chairman, JIM L. GILLIS, Member, HERMAN H. WATSON, Member. Senator Ennis of the 20th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 540. Do pass, as amended. House Bill No. 506. Do pass, as amended. Respectfully submitted, ENNIS, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 532. Do pass. Respectfully submitted, LINDSAY, Chairman. FRIDAY, FEBRUARY 11, 1938. 1237 Senator Phillips of the 29th District, Chairman of the Committee on Highways and Public Roads, subm~tted the following report: Mr. President: Your Committee on Highways and Public Roads have had under consideration the following bills and resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 547. Do pass. House Bill No. 550. Do pass. House Bill No. 555. Do pass. House Bill No. 520. Do pass. House Bill No. 518. Do pass. House Bill No. 536. Do pass. House Bill No. 537. Do pass. House Resolution No. 165-544a. Do pass. Respectfully submitted, PHILLIPS, Chairman. Senate Bill No. 58, a bill providing for the purchasing of all tax stamps by the State Purchasing Department, was taken up for the purpose of considering the following House amendment thereto: To amend Senate Bill No, 58 by adding to Section 2 the following: "That the tax stamps, fertilizer tax tags, or other stamps, tags or paraphernalia described in this Act and purchased by the State Purchasing Department shall be paid for by the Department for whose use they are purchased." The Senate agreed to the House amendment to Senate Bill No. 58. 1238 JouRNAL or THE SENATE, The following resolution of the House was read the first time: By Messrs. Perry and Houston of Worth, Sabados of Dougherty, and Bradley of Tattnall- House Resolution No. 186.. A resolution extending the time limit for the purchase of automobile tags from February 15, 1938, to March 15th, 1938, and for other purposes. Senator Sutton of the 47th District offered the following amendment to House Resolution No. 186: To amend so as to make the effective date April 1st, instead of March 15th. The amendment by Senator Sutton was adopted. The resolution; as amended, was adopted. Senator Atkinson of the 1st District asked unanimous consent that House Bill No. 540, a bill authorizing and empowering the Governor to. assign and set apart the rentals of the Western & Atlantic Railroad for a period of six years for a special treasury fund, be set as a special and continuing order of business on Saturday, February 12th, 1938, immediately following the roll call. The consent was granted. The following privilege resolutions were read and adopted: By Senator Spivey of the 16th DistrictA resolution extending the privileges of the floor to Hubert Aultman, son of the distinguished Senator from the 23rd District. By Senators Holmes of the 22nd District and Aultman of the 23rd District- A resolution extending the privileges of the floor to Hon. W. B. Freeman and Hon. B. M. Byars, prominent citizens of Monroe County, Georgia. Senator Phillips of the 29th 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. SATURDAY, FEBRUARY 12, 1938. 1239 SENATE CHAMBER, ATLANTA, GA., SATURDAY, FEBRUARY 12, 1938. 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 Sutton of the 47th District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit: By Messrs. Joel of Clarke, Weaver of Bibb, Lewallen of Banks, Beck of Carroll, Ennis of Baldwin, Kirbo of Decatur, and others- House Resolution No. 184. A resolution paying tribute to the Hon. Crawford W. Long and Hon. Alexander H. Stephens, by honoring their birthdays each year, and for other purposes. By Messrs. Candler of DeKalb and Beck of Carroll- House Resolution No. 185. A resolution appointing a commission to form a Hoke Smith Memorial Association to undertake ways and means of planning and building a suitable monument to the late Senator Hoke Smith. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit: 1240 JouRNAL oF THE SENATE, By Senator Lindsay of the 34th District- Senate Bill No. 35. A bill to be entitled an Act to prohibit the State of Georgia or any Department thereof or any political subdivision from employing in any agency of the State any alien except where there is no American citizen qualified for such, and for other purposes. By Senator Pope of the 7th District- Senate Bill No. 91. A bill to be entitled an Act to amend the income tax laws with reference to dividends received by corporations from other corporations, and for other purposes. The House has passed by the requisite constitutional majority by substitute the following bill of the Senate, to-wit: By Senator Jackson of the 14th District- Senate Bill No. 139. A bill to be entitled an Act to change the method of compensating the Ordinary in counties of a certain population, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate amendments to the following bills of the House, to-wit: By Mr. Grayson of Chatham- House Bill No. 190. A bill to be entitled an Act to amend Section 14 of the General Appropriation Act relating to the Agricultural Department, and for other purposes. By Mr. Fowler of Treutlen- House Bill No. 396. A bill to be entitled an Act to appropriate the sum of $20,000 for the year 1938 to the Division of Forestry of the Department of Natural Resources for the purpose of developing the paper-pulp industry in this State, and for other purposes. The House has agreed to the Senate substitute to the following bill of the House, to-wit: SATURDAY, FEBRUARY 12, 1938. 1241 By Mr. Gross of Stephens- House Bill No. 530. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, Georgia, to fix the term and compensation of said officer, 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 Messrs. Cochran of Thomas, Houston of Worth, Hogg of Marion, Perry of Worth, Ware of Troup, Corbett of Atkinson, and Bradley of Tattnall- House Bill No. 260. A bill to be entitled an Act to appropriate the sum of $50,000.00 to be used in the prevention and control of plant disease and dangerous insects, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute as amended to the following bill of the House, to-wit: By Messrs. Lewis of Burke and Jones of Jenkins- House Bill No. 117. A bill to be entitled an Act providing for and authorizing the Director of Wild Life to make necessary rules and regulations providing for the control and conduct of the fish industry, and for other purposes. The House has agreed to the Senate substitute to the following bill of the House, to-wit: By Mr. Musgrove of Clinch- House Bill No. 382. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the City of Homerville, Clinch County, Georgia, to refund a bonded indebtedness, and for other purposes. The following report of the Conference Committee on House Bill No. 204 was read and adopted: 1242 JouRNAL OF THE SENATE, Mr. President and Mr. Speaker: We, your Conference Committee on House Bill No. 204, beg leave to report that we cannot agree and beg leave to be discharged from further duty hereon. We respectfully suggest the immediate appointment of another Committee on Conference. February 12, 1938. Respectfully submitted, PARKER of Colquitt, BENNETT of Ware, DRAKE of Seminole. On the part of the House. TuRNER of the 35th District, WHITEHEAD of the 30th District, MoYE, of the 11th District. On the part of the Senate. The President appointed as a new Committee of Conference on the part of the Senate to confer with a like committee from the House the following members of the Senate, to-wit: Senators Pruett of the 32nd District, Holmes of the 22nd District, and Harrison of the 17th District. Senator Millican of the 52nd District asked unanimous consent that the Senate recess at 1:00 o'clock P. M. today to reconvene at 2:30 o'clock P. M. for an afternoon session and the consent was granted. The following message. was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following resolution of the House, to-wit: SATURDAY, FEBRUARY 12, 1938. 1243 By Messrs. Perry and Houston of Worth, Sabados of Dougherty, and Bradley of Tattnall- House Resolution No. 186. A resolution extending the time limit for the purchase of automobile tags to March 15, 1938, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted the report of the Conference Committee requesting that a new committee be appointed on the following bill of the House, to-wit: By Mr. Parker of Colquitt- House Bill No. 204. A bill providing for a uniform warehouse receipts law, and for other purposes. The Speaker has appointed as a second Committee of Conference on the part of the House the following members: Messrs. Parker of Colquitt, Houston of Worth, and Hogg of Marion. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit: By Senator Shedd of the 3rd District- Senate Resolution No. 67. A resolution proposing to the qualified voters of Georgia an amendment to the Constitution authorizing the Board of Education of Brantley County to levy a school tax, and for other purposes. By Senators Patten of the 6th District and Williams of the 5th District- 1244 JouRNAL OF THE SENATE, Senate Bill No. 119. A bill to be entitled an Act to establish the Herty Pulp and Paper Laboratory Foundation; to incorporate the same; to define its powers and duties; and for other purposes. By Senator Williams of the 5th District- Senate Bill No. 126. 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 of Homerville 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 up to and including January 1, 1939, and for other purposes. The House has passed by the requisite constitutional majority, by substitute, as amended, the following bill of the Senate, to-wit: By Senator Pope of the 7th District- Senate Bill No. 102. A bill to be entitled an Act amending the Intangible Tax Act, and for other purposes. The House has passed by the requisite constitutional majority, as amended, the following bill of the Senate, to-wit: By Senators Forrester of the 44th District, Griner of the 45th District, and Harrison of the 17th District- Senate Bill No. 121. A bill to be entitled an Act to provide that the members of the State Highway Board of Georgia shall devote their full time to the performance of the duties of their office; to provide for the compensation of the members thereof other than the Chairman; and for other purposes. The following bill of the House, having been set as a special and continuing order of business immediately following the roll call today, was read the third time and put upon its passage: By Messrs. Ennis and Moore of Baldwin and Parker of Colquitt- House Bill No. 540. A bill authorizing and empowering the Governor to assign and set apart the rentals of the Western & Atlantic Railroad for a period of six years for a special treasury fund, and for other purposes. SATURDAY, FEBRUARY 12, 1938. 1245 Senator Terrell of the 19th District offered the following amendment to House Bill No. 540: To amend Section 2 thereof by adding at the end of said Section the following words: "Provided further that the State may enter into an agreement for sale or discount and may sell or discount said warrant or warrants to the Reconstruction Finance Corporation." The amendment by Senator Terrell of the 19th District was adopted. The Committee offered the following amendment to House Bill No. 540: 1st. By striking Section 3 from the Act and inserting in lieu thereof the following: "The Governor is hereby authorized, empowered and directed to place in the State Treasury as a special appropriation and allocated fund the entire proceeds arising from the sale of said warrant or warrants described in Section 2 hereof, and said funds so arising are hereby appropriated as follows: Fifty per cent (50%) of said funds is hereby appropriated as follows: Forty per cent (40%) to the State Welfare Department to be used in the construction and repairing of buildings and purchase of equipment necessary and needed at and by the various eleemosynary institutions of this State; and ten per cent (10%) to State Board of Health for buildings and repairs at Alto Tuberculosis Hospital. The other fifty per cent (50%) of said fund is hereby appropriated to the several counties of the State to be distributed to said counties on the following basis: Each county of the State shall receive one 159th part of the funds so appropriated to the counties. All funds herein provided for and distributed to each county shall be applied toward and used solely for the payment of the expenses of the operation of the courts and for educational purposes. The funds received by any county, not to exceed one half, tir~t to be applied to the expenses of operation of the courts and 1246 JouRNAL oF THE SENATE, the remainder to be applied to and used for educational purposes." 2nd. By striking the caption of the bill and inserting in lieu thereof the following: "To be entitled an Act to authorize and empower the Governor to assign and set apart the rentals of the Western & Atlantic Railroad for a period of six years for a special treasury fund; to authorize and empower the Governor to draw warrants against said special funds and to authorize the Governor, the State Treasurer and State Auditor to discount and/or sell said warrants; to provide the manner of selling such warrants; to allocate and appropriate the proceeds from such sale; and for other purposes. Senator Lindsay of the 34th District offered the following amendment to the committee amendment to House Bill No. 540: To amend Section 3 by striking the words and figures" forty per cent (40%)" in the second paragraph of said committee amendment and inserting the words and figures" thirty-seven per cent (37%)" in lieu thereof. Further amend the same paragraph of said amendment as follows: By inserting after the word "State" on line 5 of said second paragraph, before the semicolon the following words and figures "and three percent (3%) to the Department of Education to be used for building and repairs at the School for the Deaf at Cave Springs." The amendment by Senator Lindsay of the 34th District to the committee amendment to House Bill No. 540 was adopted. The committee amendment, as amended, was adopted. Senator Harrell of the 12th District offered the following amendment to House Bill No. 540: To amend Section 4 by adding the following words in the first line of Section 4 after the word warrants, "of this issue and other prior issues." SATURDAY, FEBRUARY 12, 1938. 1247 The amendment by Senator Harrell of the 12th District was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. Senator Neely of the 36th District moved the previous question on the passage of House Bill No. 540, as amended, and the motion prevailed. The main question was ordered. On the passage of the bill, as amended, the roll call was ordered, 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 Hampton Hardman Holmes Home Jackson Johnson Kimbrough Knabb Lindsay McCutchen Millican Neely Patten Peebles Phillips Pope Pruett Purdom Robinson Shannon Shedd Sikes Sutton Terrell Thrasher Walker Whitehead Williams Those voting in the negative were Senators: Griner Harrell Harrison Jones Moye Peterson Sammon Turner Verification of the roll call was dispensed with. The ayes were 41, the nays 8. The bill having received the requisite constitutional majority was passed, as amended. Not voting were: Senators Flynt of the 26th District and McKenzie of the 48th District. 1248 JouRNAL OF THE SENATE, Senator Hardman of the 33rd District asked unanimous consent that House Bill No. 540 be immediately transmitted to the House and the consent was granted. The following report of the Conference Committee on House Bill No. 204 was read: Mr. President and Mr. Speaker: Your Committee on Conference on House Bill No. 204, the Uniform Warehouse Receipts Law, recommends that the Senate recede from all its amendments and that the bill pass as originally passed by the House. February 12, 1938. Respectfully submitted, PARKER of Colquitt, Hooa of Marion, HousToN of Worth, On the part of the House. HARRISON of the 17th District, PRUETT of the 32nd District, HoLMES of the 22nd District. On the part of the Senate. Senator Turner of the 35th District moved that the Senate disagree to the report of the Conference Committee on House Bill No. 204 and that a new Conference Committee be appointed by the President to confer with a like committee from the House. The motion by Senator Turner of the 35th District prevailed and the President named as a new Committee of Conference on the part of the Senate on House Bill No. 204 the following members of the Senate, to-wit: Senators Turner of the 35th District, Moye of the 11th District, and Whitehead of the 30th District. SATURDAY, FEBRUARY 12, 1938. 1249 Senator Sutton of the 47th District moved that the Senate recede from its amendment to House Resolution No. 186, a resolution extending the time for purchasing automobile license plates, and the motion prevailed. Senate Bill No. 102, a bill amending the Intangible Tax Act with reference to returns made by banks and trust companies, was taken up for the purpose of considering the following House substitute, as amended, thereto: A BILL To be entitled an Act to amend an Act entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible property, etc." enacted at the Extraordinary Session of the General Assembly of 1937-1938, approved December 27, 1937, by adding to Section 4 thereof a new subdivision, after subsection (b) to be known as subsection (c), providing banks may make returns and pay taxes for taxpayers; by adding to the Act a new section to be known as Section 14 (a), providing that State chartered banks and savings and loan companies submitting to examination by the Superintendent of Banks shall be taxed as heretofore and not under the terms of the said Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia, enacted at the Extraordinary Session of 1937-1938 and approved December 27, 1937, entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those levied by this Act; to provide for the return, ascertainment, assessment and collection of these taxes and the distribution of the proceeds; to provide for exemptions; to provide penalties for the violation of this Act; to provide the purposes for which the proceeds may be spent; to require bonds in injunction suits; to require certain persons to furnish information to aid in the enforcement of this Act; to authorize proceedings in the Superior Court to obtain information for the enforcement of this Act; to conditionally commute taxes levied but not collected prior to 1250 JouRNAL OF THE SENATE, 1938; to provide that the failure to return any bond or no.te shall be a complete defense to any suit on the same; to provide limitations upon proceedings to collect taxes levied prior to 1938 against intangible property; to makeappropriations for administration; to declare that if any part of application of the Act shall be adjudged to be invalid such judgment shall not affect the remainder of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes," be and the same is hereby amended by adding to Section 4 thereof a new subsection to be known as Subsection (c) and to read as follows: "(c) Any bank or trust company organized under the laws of this State or the United States, having on deposit with it money subject to taxation under the terms of this Act, may make return to the Commission for one or more taxpayers of the aggregate amount of such money on deposit with such bank owned by said taxpayer or taxpayers and may pay the tax thereon, when authorized to make such return by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money on deposit with it subject to taxation under this Act owned by the one or more taxpayers authorizing the bank to make such return. The return shall state also the amounts of such money as shall have a taxable situs in each county, municipality or special taxing district in which any such money has a taxable situs. If a bank or trust company elects to make such return and pay such tax, any person having money on deposit therewith on which the bank has made a return and paid the taxes, shall be deemed to have made a return of his money for taxation hereunder, if he states in his return required by this Act, the name of the bank or trust company authorized to make such return of money for taxation and pay the tax thereon. Provided the amount of tax paid by any bank for any taxpayer, shall be charged to the account of such taxpayer." Sec. 2. That said Act approved December 27, 1937, be further amended by adding a new section to be known as Section 14 (a), to read as follows: "Sec. 14(a). Notwithstanding any other provision of this Act, banks chartered under the laws of this State or of the United States and savings and loan companies or associations organized SATURDAY, FEBRUARY 12, 1938. 1251 under the laws of this State, which accept funds for deposit and submit to examination by the Superintendent of Banks of this State, shall be taxed as heretofore provided by law. Neither such banks nor such savings and loan companies or associations nor their assets shall be subject to the provisions of this Act. Provided, however, that nothing contained in this Section shall be construed to exempt from the provisions of this Act any person, partnership or corporation licensed under the provisions of Chapter 25-3 of the Code of 1933 to carry on a small loan business." Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. The House substitute, as amended, for Senate Bill No. 102 was agreed to. Senate Bill No. 121, a bill to provide that the members of the State Highway Board of Georgia shall devote their full time to the performance of the duties of their office, was taken up for the purpose of considering the following House amendment thereto: By Mr. Lanham of Floyd: To amend by adding a new Section just before the repealing clause to be appropriately numbered as follows: "Provided, however, that no member of the Highway Board shall draw any expense account except when away from Atlanta on business for the department." The House amendment to Senate Bill No. 121 was agreed to. Senate Bill No. 139, a bill abolishing the fee system of officers of counties of a certain population, was taken up for the purpose of considering the following House substitute therefor: A BILL To be entitled an Act to change the method of compensating the Ordinary in all counties in this State having a population of 9,130, or more, inhabitants and less than 9,140 inhabitants according to the United States census of 1930, or any future census; to provide that the Ordinaries of sqch CO\lnties be paid 1252 JouRNAL oF THE SENATE, a salary; to provide that all fees now or which may hereafter be fixed by law for such officers shall become the funds of the counties, and that an accounting for same shall be made by such officers to said county fiscal agents; to provide for the payment of such salaries out of county funds; to regulate the method of accounting between the Ordinaries and the county fiscal agents; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. This Act shall apply to all counties in the State of Georgia having a population by the United States census of 1930, or any future census of the United States, of 9,130, or more, inhabitants, and less than 9,140 inhabitants. Sec. 2. That, from and after the effective date of this Act, in all counties coming within the terms of Section 1 of this Act, the Ordinary of each of said counties shall be paid out of the county funds by the disbursing officer of said county an annual salary of Fifteen Hundred ($1500.00) Dollars, to be paid monthly in equal installments of $125.00, at the end of each month, in lieu of all costs, fees, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, coming to him under the law as Ordinary, Judge of the Court of Ordinary, Clerk of the Court of Ordinary, or in any other capacity by virtue of his office as Ordinary. Sec. 3. That all such costs, fees, percentages, forfeitures, penalties, allowances, and perquisites, as set out in Section 2 hereof, which are now, or may hereafter by law be allowed, to such Ordinaries of the counties, and shall be received and collected by the Ordinary within this Act, for the benefit of and in trust for the county in which they are collected, and shall be held as public monies belonging to the county in which collected. At the end of each month, all such funds shall be paid into the county funds, and an itemized statement thereof shall be made, under oath, to County Treasurer, or other officer, or body, or Revenue Commissioner, charged with handling of county funds, which said officer shall keep on file, for the regular audit of county funds. Sec. 4. The Ordinaries of said counties shall keep a book in the office of Ordinary in which shall be entered daily all receipts SATURDAY, FEBRUARY 12, 1938. 1253 of money belonging to the county, which hook shall he at all times subject to examination by the county officer in charge of the finances of the county, or his duly authorized agent. The itemized monthly statements of the Ordinary shall show from what source each item of funds has been received. Each Ordinary shall he charged with, and shall he responsible for the collection of all such funds, and his statement shall contain a statement of all such fees, costs, and other items as set out in Section 2 hereof, which may have become due, and which may not have been collected by him, with his reasons for the failure to make collection. Sec. 5. That this Act shall become operative and effective as of the first day of July, 1938. Sec. 6. That all laws and parts of laws in conflict herewith he and the same are hereby repealed. The House substitute for Senate Bill No. 139 was agreed to. 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. The hour of 1:00 o'clock P. M. having arrived, the President announced that the Senate stood recessed until 2:30 o'clock P.M. today. The hour of 2:30 o'clock P. M. having arrived, the President called the Senate to order. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority, as amended, the following bill of the Senate, tO-wit: By Senators Whitehead of the 30th District and Williams of the 5th District- Senate Bill No. 37. A bill to he entitled an Act to amend Title 86 ("Public Defense") of the 1933 Code and all laws pertaining thereto, and for other purposes. 1254 JouRNAL OF THE SENATE, The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The Speaker has appointed as a third Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House, to-wit: By Mr. Parker of Colquitt- House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law, and for other purposes. The following members of the House, to-wit: Messrs. Parker of Colquitt, Drake of Seminole, and Bennett of vVare. Mr. Parker of Colquitt has been relieved from the Committee of Conference on the part of the House on the following bill of the House, to-wit: By Mr. Corbett of Atkinson- House Bill No. 161. A bill to be entitled an Act to levy a tax on rolling stores, and for other purposes. Mr. Harvey of Upson has been appointed in lieu of Mr. Parker of Colquitt on the Committee of Conference on House Bill No. 161. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate, to-wit: By Senator Pruett of the 32nd District- Senate Resolution No. 72. A resolution extending thanks to Director Gillen for his patriotic gift to the State of Georgia, and for other purposes. SATURDAY, FEBRUARY 12, 1938. 1255 By Messrs. Lanier and Harris of Richmond- House Resolution No. 188. A resolution expressing the appreciation of the General Assembly to Mr. Bryan B. Taggart for his gift to the University of Georgia School of Medicine, and for other purposes. Senate Bill No. 37, a bill to amend Title 86 ("Public Defense") of the 1933 Code and all laws pertaining thereto, was taken up for the purpose of considering the following House amendments thereto: By Messrs. Gross of Stephens and Morgan of Troup: To amend by striking the words "fifty-five years of age" in line 14 of Section 3 and inserting in lieu thereof the words" sixtyfour years of age." By Mr. Evans of McDuffie: To amend by striking from said bill all references to increase in the number of lieutenant colonels. It is the purpose and intent of this amendment to keep the number of lieutenant colonels at its present number. Senator Whitehead of the 30th District moved that the Senate disagree to the House amendments to Senate Bill No. 37 and that the Speaker be requested to appoint a Committee of Conference on the part of the House to confer with a like committee from the Senate. The motion prevailed. The following report of the Conference Committee on Senate Bill No. 3 was read and adopted: The Conference Committee of the House and Senate having had under consideration Senate Bill No. 3 beg to report and recommend as follows: 1st. That the House and Senate both recede from their position on House Amendment No. 1 and that the House and Senate both agree that this amendment be stricken from the original bill. 1256 JouRNAL OF THE SENATE, 2nd. That the Senate recede from its position on House Amendment No.2 and both the House and Senate agree that the added section shall be known as Section 11 and the repealing section shall be known as Section 12. 3rd. That the House and Senate both recede from their positions on House Amendment No. 3 and the Senate and House Conference Committee recommend and agree that the section shall be rewritten and shall be known as Section 10: "Section 10. In case of a conviction of any defendant in the courts named in this Act he shall have the right of appeal to the Superior Court. The appeal shall be entered as appeals are now entered from the Court of Ordinary to the Superior Court prOvided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this State, and such bond shall have the conditions as now appear in appearance bonds in criminal cases. The hearing in the Superior Court shall be a de novo investigation and all proceedings shall be as is now provided by law in the trial of criminal cases." 4th. The 4th amendment which seeks to strike Section 3 of the Act is in conflict with the 2nd amendment and with the Constitutional provisions upon which this Act is based. The House recedes from its position on the 4th amendment and the House and Senate agree that said amendment shall be stricken. The House and Senate agree that in order to clarify the Act that Section 2 of the original bill shall be rewritten and a new section to be known as Section 2 as follows: "Section 2. 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, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the Judges of the Police Courts in incorporated cities and municipal court judges, for offenses arising within their respective jurisdiction." SATURDAY, FEBRUARY 12, 1938. 1257 Your Committee on Conference recommends that the above report be adopted. This the 12th day of February, 1938. FoRRESTER of the 44th District, HARDMAN of the 33rd District, ATKINSON of the 1st District. On the part of the Senate. TRAPNELL of Candler, HAYES of Miller, SurroN of Wilkes. On the part of the House. The following resolutions of the Senate were read and adopted: By Senators Spivey of the 16th District, Williams of the 5th District, Clements of the 9th District, and Johnson of the 42nd District- Senate Resolution No. 81. A resolution expressing the thanks of the Senate to Senator Atwood of the 2nd District for his presentation to the members of the Senate of a can of shrimp of unusual quality. By Senators Spivey of the 16th District, Williams of the 5th District, Clements of the 9th District, and Johnson of the 42nd District- Senate Resolution No. 82. A resolution expressing the thanks of the Senate to Senator Pope of the 7th District for his gift to each member of the Senate a bottle of delightful pickles which were grown and packed at Cairo, Georgia. By Senator Lindsay of the 34th District- Senate Resolution No. 83. A resolution requesting the Governor of Georgia to name a state-wide commission to direct the activities concerning Georgia's participation in both the New York and San Francisco world-wide expositions to be held during the year 1939, and for other purposes. 1258 JouRNAL OF THE SENATE, The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit: By Messrs. Booth of Barrow and Houze of Lowndes- House Resolution No. 189. A resolution directing the Department of Wild Life to refund the license fees to the wholesale sea food dealers of this State, and for other purposes. By Messrs. Freeman of Bibb, Gross of Stephens, and Marshall of Macon- House Resolution No. 190. A resolution authorizing the Governor to name a state-wide commission to direct the activities of Georgia in the world-wide expositions to be held in New York and San Francisco in 1939, and for other purposes. Notice of a motion that the Senate reconsider its action in having defeated House Bill No. 221, known as the Chain Store Tax Act, was given by Senator Ennis of the 20th District. Senatot Ennis of the 20th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted. Senator Ennis of the 20th District moved that the Senate reconsider its action in having defeated House Bill No. 221, known as the Chain Store Tax Act, on yesterday. On the motion by Senator Ennis of the 20th District, Senator Aultman of the 23rd 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 Brock Burgin Burrell Chason Clements Ennis Hampton Holmes Home Johnson Jones Kimbrough Knabb SATURDAY, FEBRUARY 12, 1938. 1259 Lindsay Neely Patten Peebles Pruett Robinson Sammon Shannon Shedd Sikes Sutton Terrell Williams Those voting in the negative were Senators: Allen Atkinson Atwood Forrester Griner Hardman Harrison Jackson Millican Moye Peterson Phillips Pope Purdom Walker Whitehead Verification of the roll call was dispensed with. The ayes were 28, the nays 16. The motion by Senator Ennis of the 20th District therefore prevailed, and the President announced that, under the rules of the Senate, House Bill No. 221 would take its place at the foot of today's calendar. Not voting were: Senators Flynt of the 26th District, Harrell of the 12th District, McCutchen of the 43rd District, McKenzie of the 48th District, Thrasher of the 27th District, Turner of the 35th District, and Fowler of the 39th District. The following report of the Conference Committee on House Bill No. 161 was read and adopted: Your Conference Committee on House Bill No. 161 reports that they have failed to agree and ask to have another Conference Committee appointed. HARRELL of Brooks, WEAVER of Bibb, HARVEY of Upson. On the part of the House. FowLER of the 39th District, SHEDD of the 12th District, PETERSON of the 15th District. On the part of the Senate. 1260 JouRNAL OF THE SENATE, The President appointed as a new Committee of Conference on the part of the Senate to confer with a like committee from the House on House Bill No. 161 the following members of the Senate, ta-wit: Senators Sammon of the 51st District, Patten of the 6th District, and Neely of the 36th District. The Journal was confirmed. Senator Purdom of the 46th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Resolution No. 175-559a. Do pass. 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 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 450. Do pass, as amended. House Bill No. 451. Do pass, as amended. Respectfully submitted, JACKSON, Chairman. SATURDAY, FEBRUARY 12, 1938. 1261 Senator Purdom of the 46th District, Vice-Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations have had under consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations: House Bill No. 423. Do pass. House Bill No. 556. Do pass. Respectfully submitted, PuRDoM, 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 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: House Bill No. 492. Do pass. Respectfully submitted, PEEBLES, 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 have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation: Senate Bill No. 144. Do not pass. Respectfully submitted, LINDSAY, Chairman. 1262 JouRNAL oF THE SENATE, The following resolution of the House was read and adopted: By Messrs. Joel of Clarke, Weaver of Bibb, and others- House Resolution No. 184. A resolution paying tribute to the Hon. Crawford W. Long and Hon. Alexander H. Stephens by honoring their birthdays each year, and for other purposes. The following bills of the House were read the third time and put upon their passage: By Mr. Booth of Barrow- House Bill No. 450. A bill creating the office of Commissioner of Roads and Revenues in the County of Barrow, and for other purposes. Senator Thrasher of the 27th District moved to amend House Bill No. 450 by adding to the caption thereof directly after the semicolon in line 6 of the said caption the following language: "To provide for a referendum and effective date" and by striking from the said bill Section 16 thereof in its entirety and by substituting in lieu thereof a new Section to be known as Section 16 to read as follows: "In the event this Act becomes effective, it shall be the duty of the ordinary of Barrow County to call a special election for the office of County Commissioner of Barrow County within 10 days after this Act takes effect and the said election must be held within 30 days from the date of the call thereof. The said election shall be held in conformity with law and the Commissioner so elected shall take office immediately for a term expiring January 1, 1941," and by adding a new section to the said bill to be known as Section 17a to read as follows: "Within 30 days after the approval of this Act, the Ordinary of Barrow County is hereby directed to call a special election for the purpose of determining whether this Act shall become effective. The said special election must be held within 30 days after the call thereof and due notice of the same must be given in the public gazette of Barrow County. The ballots shall have printed thereon; "For a one man county commission" and "Against a one man county commission." If a majority of the qualified voters of Barrow County voting in said special election vote "For a one man county commission" then this SATURDAY, FEBRUARY 12, 1938. 1263 Act shall become of full force and effect, otherwise null and void. Senator Thrasher of the 27th District further moved to amend House Bill No. 450 by striking from line 1 of Section 2 thereof the following language: "hereinafter named," and by striking from Section 6 thereof the following language: "Han. George Bagwell is hereby named as Clerk until December 31, 1940, and." Senator Thrasher of the 27th District further moved to amend House Bill No. 450 by adding a new Section thereto to be known as section 17b to read as follows: "The present three man commission shall continue in pffice until the new one man commission shall take office." The amendments by Senator Thrasher of the 27th 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. By Mr. Booth of Barrow- House Bill No. 451. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes. The following amendments to House Bill No. 451 were read and adopted: By Senator Thrasher: To amend by adding to the caption thereof the following language: "To provide an effective date for this Act," and by adding to the said bill a new section to be known as Section 3, to read as follows: 1264 JouRNAL oF THE SENATE, "This Act shall become effective only in the event of, and at the time, House Bill No. 450 (A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Barrow, etc., and for other purposes) becomes effective; otherwise this Act shall be of no force or effect whatever." 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 Mr. Tapp of Gwinnett- House Bill No. 492. A bill incorporating the Town of Rest Haven in the County of Gwinnett, and for other purposes. The report 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. Williams of Jones- House Bill No. 547. A bill amending the Highway Mileage Act by adding additional mileage 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. 550. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, and for other purposes. SATURDAY, FEBRUARY 12, 1938. 1265 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 33, the nays 0. The hill having received the requisite constitutional majority was passed. By Mr. Whitaker of Clayton- House Bill No. 555. A bill amending the Highway Mileage Act by adding additional mileage 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 hill having received the requisite constitutional majority was passed. By Messrs. Perry and Houston of Worth, and Parker and B.arlow of Colquitt- House Bill No. 520. A bill amending the Highway Mileage Act by adding additional mileage to the State Aid System, 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 33, the nays 0. The hill having received the requisite constitutional majority was passed. By Mr. Hand of Mitchell- House Bill No. 518. A hill amending the Highway Mileage Act by adding additional mileage to the State Aid System, 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 33, the nays 0. 1266 JouRNAL OF THE SENATE, The bill having received the requisite constitutional majority was passed. By Messrs. Scruggs and Dukes of Washington, and Moore and Ennis of Baldwin- House Bill No. 536. A bill amending the Highway Mileage Act by adding additional mileage 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. Campbell of Newton- House Bill No. 537. A bill amending the Highway Mil~age Act by adding additional mileage 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. Rowland of Johnson- House Bill No. 553. A bill amending an Act providing a new charter for the City of Wrightsville, and for other purposes. The report 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. Oden of Pierce- House Bill No. 558. A bill providing that official bond pre- SATURDAY, FEBRUARY 12, 1938. 1267 miums of tax collectors and tax receivers in certain counties shall be paid out of county funds by the proper county fiscal authorities, and for other purposes. The report 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. 559. A bill authorizing the City of Washington to enact zoning laws, and for other purposes. The report 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. Larsen of Laurens- House Bill No. 508. A bill amending the charter of the City of Dublin to provide for placing of all net profits from municipal water plant into sinking fund, and for other purposes. The report 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. The following resolutions of the House were read the third time and put upon their passage: By Messrs. Dampier and Larsen of Laurens- House Resolution No. 50. A resolution providing for the furnishing of Georgia Law Reports for the Court of Ordinary of Laurens County, and for other purposes. 1268 JoURNAL or 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 33, the nays 0. The resolution having received the requisite constitutional majority was adopted. By Messrs. Sanders and Hart of Coweta- House Resolution No. 146. A resolution relieving administrator or executor of the T. G. Farmer, Jr., Estate, T. G. Farmer, Sr., Estate and H. C. Arnall Estate from the payment of interest due to the Estate of George Lee, 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. The following report of the Conference Committee on House Bill No. 204 was read and adopted: Mr. Speaker and Mr. President: We, your Committee on Conference, on House Bill No. 204, known as the Uniform Warehouse Receipts Law, beg leave toreport that we cannot agree and ask that we be discharged from further duties herein. We suggest that appointment of a new Committee on Conference immediately. February 12, 1938. Respectfully submitted, PARKER of Colquitt, BENNETT of Ware, DRAKE of Seminole. On the part of the House. SATURDAY, FEBRUARY 12, 1938. 1269 TuRNER of the 35th District, WHITEHEAD of the 30th District, MoYE of the 11th District. On the part of the Senate. The following resolution of the Senate was read and adopted: By Senators Almand of the 50th District and Kimbrough of the 25th District- Senate Resolution No. 84. A resolution expressing the thanks of the Senate to Senator Paul Lindsay of the 34th District for his thoughtfulness in presenting to the members of the Senate a beautiful carnation on this morning. The following bills of the House were re.ad the third time and put upon their passage: By Messrs. Bennett of Ware and Key of Jasper- House Bill No. 423. A bill amending the General Appropriations Act of 1937 by making appropriations to the Prison Commission, and for other 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 for 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 Burrell Chason Clements Ennis Forrester Griner Hampton Hardman Harrell Harrison Holmes Home Jackson Johnson Jones Kimbrough Knabb Lindsay McCutchen M1llican Moye Neely Peebles Peterson Phillips Pope Pruett Purdom Shannon Shedd 1270 Jou:R.NAi.. OF 'tHE SENA'I'E, Sikes Sutton Terrell Thrasher Turner Whitehead Williams 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 Burgin of the 24th District, Flynt of the 26th District, Fowler of the 39th District, McKenzie of the 48th District, Patten of the 6th District, Robinson of the 13th District, Sammon of the 51st District, and Walker of the 25th District. By Mr. Grubbs of Crisp and others- House Bill No. 188. A bill to amend an Act to promote temperance and prosperity for Georgia people, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, the nays 3. The bill having received the requisite constitutional majority was passed. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House insists on its amendments to the following bill of the Senate, to-wit: By Senators Whitehead of the 30th District and Williams of the 5th District- Senate Bill No. 37. A bill to be entitled an Act to amend Title 86 ("Public Defense") of the 1933 Code and all laws pertaining thereto, and for other purposes. The House requests the appointment of a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House on Senate Bill No. 37. SATURDAY, FEBRUARY 12, 1938. 1271 The Speaker has appointed as a Committee of Conference on the part of the House on Senate Bill No. 37, the following members of the House, to-wit: Messrs. Jones of Elbert, Palmour of Hall, and Mavity of Walker. The following message was' received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Mr. Dugas of White- House Resolution No. 178-562a. A resolution designating the trail or highway now being built from Cleveland to Hiawassee via Nacoochee, Helen, Hiawassee and Murphy, North Carolina, as the Tom Bell Highway, in honor of Hon. Thomas M. Bell, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit: By Senators Williams of the 5th District, Atkinson of the 1st District, and Jackson of the 14th District- Senate Bill No. 92. A bill to be entitled an Act to fix and prescribe the compensation of the Chairman and Members of the Industrial Board, and for other purposes. The House agrees to the report of the Committee of Conference on the following bill of the House, to-wit: By Mr. Corbett of AtkinsonHouse Bill No. 161. A bill to be entitled an Act to levy a tax on rolling stores, and for other purposes. 1272 JouRNAL OF THE SENATE, And requests the appointment of a third Committee of Conference. The Speaker has appointed as a third Committee of Conference on House Bill No. 161 the following members of the House, to-wit: Messrs. Weaver of Bibb, Harrell of Brooks, and Harvey of Upson. The President Pro Tempore, presiding, appointed as a Committee of Conference on the part of the Senate to confer with a like committee from the House on Senate Bill No. 37 the following members of the Senate, to-wit: Senators Whitehead of the 30th District, Burrell of the 40th District, and Chason of the 8th District. The following bills of the House were read the third time and put upon their passage: By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes- House Bill No. 506. A bill amending the General Tax Act to provide for a tax on auctioneers for the sale of certain products and commodities, and for other purposes. The Committee offered the following amendment to House Bill No. 506: To amend by adding a new section to be designated as Section 2 and present Section 2 be designated as Section 3 and to read as follows: That an Act of the General Assembly of 1935 known as the General Tax Act of Georgia be and the same is hereby amended as the General Tax Act of Georgia be and the same is hereby amended as follows: Section 2, Paragraph 42 which provides for a tax of $25.00 per week on each separate tent or enclosure on SATURDAY, FEBRUARY 12, 1938. 1273 street carnivals or merry-go-rounds he amended by adding at the end of said paragraph the following provisions: "Provided that on fairs conducted by counties, municipalities or by legally incorporated associations or organizations, with paid in subscriptions of not less than One Thousand Dollars as capital stock engaged solely in promoting and advancing farming and livestock interest of the State, there shall he a tax of only Twenty-five Dollars, which shall cover all of the separate tents or enclosures on the Fair Grounds and provided further, that no show or carnival company shall he permitted to operate except under a bona fide contract with the above described organizations and in connection with the display of farm and live stock products and such fairs or organizations shall not more than once annually he permitted the privilege of carnival company contracts. Provided, further, that any carnival company operating independently or in any way contrary to this Act, shall be subject to such tax as heretofore provided in Section 2 of the General Tax Act. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. The committee amendment was adopted. Senator Pope of the 7th District offered the following amendment to House Bill No. 506: To amend by adding a section to he known as Section 3, which section shall read as follows: "Section 3. Be it further enacted by the authority aforesaid, that the tax paid crowns or lid crowns required by law to be attached or affixed to bottles or cans containing malt beverages shall he at the rate of two (2) cents for each can or bottle containing twelve (12) fluid ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes, and that the caption of the bill be amended so as to correspond with Section 3 of this Act." "Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act he and the same are hereby repealed." 1274 JouRNAL or THE SENATE, The amendment by Senator Pope of the 7th District 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 Mr. Parker of Colquitt- House Bill No. 545. A bill amending the Act known as the Building and Loan Act with reference to the allocation of fees paid the Secretary of 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, it providing for 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 Forrester Fowler Griner Hampton Hardman Harrell Harrison Holmes Horne Jackson Johnson Knabb Lindsay Millican Moye Patten Peebles Peterson Phillips Pruett Purdom Robinson Sammon Shannon Shedd Sikes Sutton Terrell Thrasher Walker Williams Verification of the roll call was dispensed with. The ayes were 42, the nays 0. The bill having received the requisite constitutional majority was passed. SATURDAY, FEBRUARY 12, 1938. 1275 Not voting were: Senators Flynt of the 26th District, Jones of the 38th District, Kimbrough of the 25th District, McCutchen of the 43rd District, McKenzie of the 48th District, Neely of the 36th District, Pope of the 7th District, Turner of the 35th District, and Whitehead of the 30th District. By Mrs. Mankin and Messrs. Hastings and Kendrick of Fulton- House Bill No. 556. A bill providing for an appropriation for the purpose of purchasing materials to repair the State Capitol, and for other 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 for an appropriation, the roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atkinson Atwood Aultman Burgin Burrell Chason Clements Ennis Forrester Fowler Griner Hampton Hardman Harrell Harrison Holmes Horne Jackson Johnson Jones Knabb McCutchen Millican Moye Patten Peebles Peterson Phillips Pope Purdom Robinson Shannon Shedd Sikes Sutton Turner Walker Those voting in the negative were Senators: Brock Terrell Whitehead Verification of the roll call was dispensed with. The ayes were 39, the nays 3. The bill having received the requisite constitutional majority was passed. Not voting were: Senators Flynt of the 26th District, Kimbrough of the 25th District, Lindsay of the 34th District, McKenzie of the 48th District, Neely of the 36th District, Pruett of 1276 JouRNAL OF THE SENATE, the 32nd District, Sammon of the 51st District, Thrasher of the 27th District, and Williams of the 5th District. The following report of the Conference Committee on House Bill No. 161 was read and adopted: Mr. President and Mr. Speaker: Your Committee on Conference on House Bill No. 161, known as the Rolling Store Bill, submit the following: That the House and Senate accept the Conference Committee report of February 3, signed by Millican of the 52nd District, Patten of the 6th District, Sutton of the 47th District, on the part of the Senate, and Corbett of Atkinson, Swindle of Berrien and Gross of Stephens, on the part of the House, with the exception that the words in Section 1 be stricken reading as follows: "However, that no county can levy any additional license on such rolling store" and in lieu thereof the following be inserted after the word "provided": "However, that any county may levy a license tax upon each rolling store operating within the county levying the same a license fee or tax not exceeding the tax prescribed by this bill for the State. It being the legislative intent that such counties may or may not levy such tax as herein provided at the discretion of the county authorities in each county." Your Conference Committee respectfully recommends that the foregoing report be adopted. This the 12th day of February, 1938. HARRELL of Brooks, WEAVER of Bibb, HARVEY of Upson, On the part of the House. SAMMON of the 51st District, PATTEN of the 6th District, NEELY of the 36th District, On the part of the Senate. SATURDAY, FEBRUARY 12, 1938. 1277 The following resolutions of the House were read and adopted: By Messrs. Candler of DeKalb and Beck of Carroll- House Resolution No. 185. A resolution appointing a commission to form a Hoke Smith Memorial Association to undertake ways and means of planning and building a suitable monument to the late Senator Hoke Smith, and for other purposes. By Messrs. Lanier and Harris of Richmond- House Resolution No. 188. A resolution expressing the appreciation of the General Assembly to Mr. Bryan B. Taggart for his gift to the University of Georgia School of Medicine, and for other purposes. By Messrs. Booth of Barrow and Houze of Lowndes- House Resolution No. 189. A resolution directing the Department of Wild Life to refund the license fees to the wholesale sea food dealers of this State, and for other purposes. By Messrs. Freeman of Bibb, Gross of Stephens, and Marshall of Macon- House Resolution No. 190. A resolution authorizing the Governor to name a state-wide commission to direct the activities of Georgia in the world-wide expositions to be held in New York and San Francisco in 1939, and for other purposes. The following report of the Conference Committee on Senate Bill No. 37 was read and adopted: Mr. President: We, your Committee on Conference, appointed to consider the House amendments to Senate Bill No. 37, known as the Military Bill, have had the same under consideration and make the following recommendations: We recommend that the Senate recede from its position on the House amendment to Section 3, line 14 regarding the age of the Adjutant General. We further recommend that the House recede from its posi- 1278 JouRNAL OF THE SENATE, tion on the House amendment regarding the numberoflieutenant colonels to be appointed by the Governor. WHITEHEAD of the 30th District, CHASON of the 8th District, BuRRELL of the 40th District. On the part of the Senate. JoNES of Elbert, PALMOUR of Hall, MAVITY of Walker. On the part of the House. The following message was received from the House through Joe Boone, the Clerk thereof. Mr. President: The House has agreed to Senate Amendments Nos. 1, 3 and No. 4, as amended, and disagree to Senate Amendment No. 2 of the following bill of the House, to-wit: By Mr. Sutton of WilkesHouse Bill No. 540. A bill to be entitled an Act to discount W. & A. Rentals, and for other purposes. Senator Thrasher of the 27th District moved that the Senate reconsider its action in passing House Bill No. 450, as amended, a local bill affecting Barrow County, and the motion prevailed. The following bill of the House, having been reconsidered, was put upon its passage: By Mr. Booth of BarrowHouse Bill No. 450. A bill creating the office of Commissioner of Roads and Revenues in the County of Barrow, and for other purposes. Senator Thrasher of the 27th District asked unanimous consent to withdraw amendments previously offered and adopted to House Bill No. 450 and the consent was granted, SATURDAY, FEBRUARY 12, 1938. 1279 Senator Thrasher of the 27th District moved to amend House Bill No. 450 by adding thereto a new section to be numbered 18 and to read as follows: "Section 18. The Act approved March 10, 1937, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow, Georgia Laws 1937, pages 1240 through 1247, be and the same is hereby repealed." And moves further to amend said House Bill No. 450 by adding thereto a new section to be numbered 19 and to read as follows: "This Act shall become effective only after it is ratified by a majority of those voters who were qualified to vote in the last general election on June 8, 1937, at a special election to be held for the ratification or rejection of this Act on second Tuesday in March, 1938, which election shall be governed by the laws relating to general elections in the State of Georgia. "The Ordinary of said county shall cause said election to be held as provided above and shall cause ballots to be printed and distributed, ten days before said election date, in conformity with general election laws. The form of the ballot shall be "For one Commissioner form of Government and Against one Commissioner form of Government." and the results of said election shall be declared as now provided by law, and this Act shall thereupon become effective." And moves to amend the caption accordingly and renumber the repealing clause as Section 20. The amendments by Senator Thrasher of the 27th 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. 1280 JouRNAL OF THE SENATE, The bill having received the requisite constitutional majority was passed, as amended. The following resolutions of the Senate and House were read and adopted: By Senators Spivey of the 16th District and Williams of the 5th District- Senate Resolution No. 85. A resolution expressing the appreciation of the Senate to the newspapers, various news agencies and to the individuals representing those newspapers and various news agencies for their service to the Senate during the extraordinary session, and for other purposes. By Mr. Dugas of White- House Resolution No. 178. A resolution naming the highway now being built from Cleveland to Hiawassee in honor of Han. Thomas M. Bell, and for other purposes. The following bill of theHouse was read the third time: By Mr. Harris of Richmond- House Bill No. 532. A bill to amend an Act to regulate Banking Laws of the State of Georgia, and for other purposes. Senator Atkinson of the 1st District cited Senate Rule No. 158 and made the point of order that under said rule House Bill No. 532 could not be considered without the consent of two-thirds of the Senate due to the fact that an identical measure under title as Senate Bill No. 135 had been indefinitely postponed by the Senate on a previous dateo The President sustained the point of order made by Senator Atkinson of the 1st District. Senator Atwood of the 2nd District moved that House Bill No. 532 be considered by the Senate at this time. On the motion by Senator Atwood of the 2nd District, Senator Burgin of the 24th District moved the previous question and the motion prevailed. SATURDAY, FEBRUARY 12, 1938. 1281 The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atwood Burgin Burrell Chason Clements Forrester Fowler Griner Hampton Hardman Harrell Holmes Jackson Johnson Jones Knabb Lindsay Millican Neely Patten Peebles Peterson Pruett Robinson Sammon Shedd Sutton Terrell Thrasher Walker Whitehead Williams Those voting in the negative were Senators: Atkinson Aultman Brock Ennis Harrison Home Moye Pope Purdom Shannon Sikes Turner The roll call was verified. The ayes were 34, the nays 12. The motion not having received the requisite two-thirds vote of the Senate was therefore lost. Not voting were: Senators Flynt of the 26th District, Kimbrough of the 25th District, McCutchen of the 43rd District, McKenzie of the 48th District, and Phillips of the 29th District. Senator Lindsay of the 34th District moved that the Senate reconsider its action in having defeated the motion by Senator Atwood of the 2nd District that the Senate consider House Bill No. 532 and the motion prevailed. The President named as a new Committee of Conference on the part of the Senate to confer with a like committee from the House on House Bill No. 204 the following members of the Senate, to-wit: Senators Griner of the 45th District, Clements of the 9th District, and Horne of the lOth District. 1282 JouRNAL OF THE SENATE, Senator Robinson of the 13th District moved that the Senate do now adjourn until 10:00 o'clock Monday morning, February 14th, 1938. The motion was lost. House Bill No. 540, known as the Western and Atlantic discount bill, was taken up for the purpose of considering the following House amendment and disagreement of the House to Senate' Amendments, thereto, to-wit: By Mr. Whipple of Bleckley: To amend the Senate Committee Amendment to House Bill No. 540 by striking the word "and" and substituting the word "or" in the last line of Paragraph 4 of Section 1, and by striking the entire fifth paragraph of first section, the intent of this amendment to allow the county commissioner, or fiscal authority of each county, to use said funds for the courts of said county, or the schools, or both, as the needs may be in the discretion of the fiscal authority of each county. Senator Ennis of the 20th District moved that the Senate agree to the House Amendment to the Senate Committee Amendment to House Bill No. 540 and that the Senate recede from its position on the Harrell amendment to House Bill No. 540. The motion prevailed. Senator Lindsay of the 34th District moved that the Senate do now recess until 7:30 o'clock P. M. today and the motion prevailed. 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. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the report of the Committee of Conference on the following bill of the House, to-wit: SATURDAY, FEBRUARY 12, 1938. 1283 By Mr. Corbett of Atkinson- House Bill No. 161. A bill to be entitled an Act to levy a tax on rolling stores, and for other purposes. The House has adopted the report of the Committee of Conference, requesting a fourth Committee of Conference, on the following bill of the House, to-wit: By Mr. Parker of Colquitt- House Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Law, and for other purposes. The Speaker has appointed as a fourth Committee of Conference on House Bill No. 204 the following members of the House, to-wit: Messrs. Parker of Colquitt, Lanham of Floyd, and Jones of Bartow. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill, as amended, of the. Senate, to-wit: By Senator Shannon of the 21st District- Senate Bill No. 87. A bill to be entitled an Act to amend Section 69-101 of Code of Georgia of 1933, and for other purposes. Senator Millican of the 52nd District moved that the Senate recede from the transaction of regular business and go into executive session and the motion prevailed. The President ordered the floor and gallery of the Senate Chamber cleared of all persons not entitled thereto under the rules of Senate governing an executive session. 1284 JouRNAL OF THE SENATE, The following communication was transmitted to His Excellency, the Governor, by Han. John W. Hammond, Secretary of the Senate: February 12, 1938. HaN. E. D. RIVERS, Governor, Executive Dept., State Capitol, Atlanta, Ga. Dear Governor: I beg leave to report to you that Executive nominations sent to the Senate by you today were confirmed as follows: FoR MEMBERS OF THE STATE BoARD OF VETERINARY ExAMINERS: Dr. B. E. Carlisle, of Camilla, for a term beginning February 8, 1937, and ending September 16, 1941. Dr. J. M. Sutton, of Sylvester, for a term beginning February 8, 1937, and ending September 16, 1938. Dr. 0. N. Mathis, of Griffin, for a term beginning February 8, 1937, and ending September 16, 1940. Dr. A. B. Griner, of Fitzgerald, for a term beginning February 8, 1937, and ending September 16, 1939. Dr. R. 0. Barnes, of Claxton, for a term beginning September 16, 1937, and ending September 16, 1942. Dr. J. M. Sutton, of Sylvester, for a term beginning September 16, 1938, and ending five years therefrom, as successor to himself. FoR MEMBERS OF THE STATE BoARD OF CHIROPODY ExAMINERs: Dr. William J. Cox, of Atlanta, for a term beginning October 15, 1937, and ending May 5, 1940. Dr. Louis J. Ferrier, of Atlanta, as successor to Dr. Philip Rubin, of Savannah, for a term beginning May 5, 1938, and ending three years therefrom. SATURDAY, FEBRUARY 12, 1938. 1285 FoR MEMBERS oF THE STATE BoARD oF PHoTOGRAPHIC ExAMINERS: George R. Foltz, of Savannah, for a term beginning April 24, 1937, and ending April 24, 1938. Robert R. Jennings, of Atlanta, for a term beginning April 24, 1937, and ending April 24, 1940. George R. Tommins, of Augusta, for a term beginning April 24, 1937, and ending April 24, 1939. John B. McCollum, of Columbus, for a term beginning April 24, 1937, and ending April 24, 1939. C. A. Moller, of Thomasville, for a term beginning April 24, 1937, and ending April 24, 1938. George R. Foltz, of Savannah, as successor to himself for a term beginning April 24, 1938, and ending three years therefrom. C. A. Moller, of Thomasville, as successor to himself for a term beginning April 24, 1938, and ending three years therefrom. FoR MEMBERS OF THE STATE BoARD oF AccouNTANCY: W. R. Osborn, of Atlanta, for a term beginning September 1, 1937, and ending September 1, 1940. M. H. Barnes, of Savannah, as successor to himself for a term beginning April 1, 1938, and ending three years therefrom. William F. Loflin, of Columbus, as successor to himself for a term beginning April 1, 1938, and ending three years therefrom. Brooks Geohegan, of Macon, as successor to Linton D. Baggs, Jr., of Macon, for a term beginning October 1, 1938, and ending three years therefrom. Frank Forrester, of Thomasville, as successor to W. Gordon Mann, of Dalton, for a term beginning October 1, 1938, and ending three years therefrom. 1286 JouRNAL OF THE SENATE, FoR DIRECTOR oF THE STATE VETERANs' SERVICE OFFICE: Stanley Jones, of Macon, as successor to L. T. Gillen for a term beginning July 1, 1937, and continuing at the pleasure of the Governor. FoR MEMBER OF THE GEoRGIA REAL EsTATE CoMMISSION: Richard E. Allen, Jr., of Augusta, as successor to Josiah Flournoy, of Columbus, for a term beginning February 8, 1938, and ending January 1, 1941. FoR MEMBERS oF THE GEORGIA PRISON AND PAROLE CoMMISSION: Judge G. A. Johns, Vivian L. Stanley, Clement E. Rainey. FoR JuDGE oF THE CITY CouRT OF STATESBORO: J. L. Renfroe, for a term beginning November 5, 1937, and ending December 31, 1938. FoR SoLICITOR oF THE CITY CouRT OF GwiNNETT CouNTY: Hope D. Stark, for a term beginning March 24, 1937, and ending Decemher 31, 1938. FoR JUDGE OF THE CITY CouRT oF GwiNNETT CouNTY: Pemberton Cooley, Sr., for a term beginning March 24, 1937, and ending December 31, 1938. FoR SoLICITOR OF THE CITY CouRT OF CLAYTON: W. H. Reynolds, for a term beginning January 1, 1938, and ending December 31, 1939. FoR JuDGE OF THE CITY CouRT OF CLAYTON: 0. J. Coogler, for a term beginning January 1, 1938, and ending December 31, 1939. FoR JuDGE OF THE DEKALB SEcTION oF THE CITY CouRT OF ATLANTA: Augustus M. Roan, for a term beginning January 1, 1938, and ending December 31, 1941. SATURDAY, FEBRUARY 12, 1938. 1287 FoR MEMBER oF THE STATE BoARD OF HEALTH: Dr. M. D. Hodges, of Marietta, as successor to T. C. Marshall of Atlanta, for a six-year term beginning February 11, 1938, this appointment being made in conformity with an act requiring the Governor to select one nomination from a list of names submitted by the Georgia Pharmaceutical Association. FoR CoMMISSIONER oF DEEDS FOR THE DISTRICT OF CoLUMBIA: Pearce Horne, of Washington, D. C., for a term beginning April 8, 1938, and ending April 8, 1941. FoR MEMBERS oF THE STATE BoARD OF PENAL ADMINISTRATION: Max V. Tolbert, of Calhoun, for a term beginning February 15, 1938, and continuing for a period of five years. Dr. John R. Lewis, of Louisville, for a term beginning February 15, 1938, and continuing for a period of four years. J. A. Mills, of Sylvania, for a term beginning February 15, 1938, and continuing for a period of two years. A. 0. Blalock, of Fayetteville, for a term beginning February 15, 1938, and continuing for a period of three years. FoR MEMBERS OF THE STATE BoARD OF MEDICAL ExAMINERS: Dr. Claude Griffin, of Carrollton, as successor to Dr. J. 0. Elrod, of Forsyth, deceased, for a term beginning September 1, 1937, and ending September 1, 1941. Dr. D. T. Rankin, of Alto, as successor to himself for a term beginning September 1, 1938, and ending September 1, 1942. FoR SuPERVISING INSPECTOR oF NAVAL STORES: R. E. DeLoach, of Claxton, as successor to himself for a four year term, beginning May 8, 1938. FoR MEMBERS OF THE STATE BoARD FOR THE ExAMINATION AND REGISTRATION OF ARCHITECTS: Felton Davis, of Valdosta, as successor to Ernest D. lvey, of 1288 JouRNAL OF THE SENA1'E, Atlanta, for a term beginning February 11, 1938, and continuing until October 1, 1943. Albert Howell, of Atlanta, as successor to G. Lloyd Preacher, of Atlanta, for a term beginning October 1, 1938, and continuing for a period of five years therefrom. FoR MEMBER OF THE STATE BoARD OF DENTAL ExAMINERS: Dr. Fred L. Huie, of Vidalia, as successor to Dr. F. C. Wilson, of Savannah, for a term beginning February 11, 1938, and ending August 13, 1943. FoR MEMBERS OF THE STATE BoARD oF CERTIFICATION FOR LIBRARIANS: Miss Sally M. Akin, of Macon, for a term beginning October 30, 1937, and ending December 31, 1939. Miss Tommie Dora Barker, of Emory, for a term beginning October 30, 1937, and ending December 31, 1938. Miss Jessie Hopkins, of Atlanta, for a term beginning October 29, 1937, and ending December 31, 1940. Miss Louise Smith, of Fitzgerald, for a term beginning October 29, 1937, and ending December 31, 1937. Miss Louise Smith, of Fitzgerald, as successor to herself for a term beginning January 1, 1938, and continuing for a period of five years. Miss Tommie Dora Barker, of Emory, as successor to herself for a term beginning January 1, 1939, and continuing for a period of five years therefrom. FoR MEMBERS oF THE STATE BoARD FOR REGISTRATION OF PROFESSIONAL ENGINEERS AND SuRVEYORs: M. T. Singleton, of Atlanta, for a term beginning June 1, 1937, and ending June 1, 1938. R. S. King, of Atlanta, for a term beginning June 1, 1937, and ending June 1, 1939. SATURDAY, FEBRUARY 12, 1938. 1289 C. J. Brockman, of Atlanta, for a term beginning June 1, 1937, and ending June 1, 1940. C. E. Layton, of Bulloch County, for a term beginning June 1, 1937, and ending June 1, 1941. A. G. Stanford, of Atlanta, for a term beginning June 1, 1937, and ending June 1, 1942. M. T. Singleton, of Atlanta, as successor to himself for a term beginning June 1, 1938, and continuing for a period offive years. FoR THE SAVANNAH RIVER NAVIGATION CoMMISSION: Francis A. Calhoun, of Augusta, for a term beginning January 7, 1937, and ending January 7, 1942. L. S. Moody, of Augusta, for a term beginning January 7, 1937, and ending January 7, 1941. Charles Skinner, of Waynesboro, for a term beginning January 7, 1937, and ending January 7, 1940. J. A. Mills, of Screven County, for a term beginning January 7, 1937, and ending January 7, 1939. FoR ADJUTANT GENERAL: John E. Stodd~rd, of Wal)hington, for a term beginning January 12, 1937, and continuing at the pleasure of the Governor. FoR MEMBER OF THE STATE BoARD OF PHARMACY: Van P. Enloe, of Rome, for a term beginning November 1, 1937, and ending November 1, 1942. FoR MEMBERS OF THE STATE BoARD oF ExAMINERS FOR NuRSEs: Mattie Lou Banks, of Macon, for a three-year term beginning September 23, 1937, as successor to herself. Miss Mary McNally, of Savannah, as successor to herself for a three-year term beginning September 23, 1937. Mrs. Frances King, of Augusta, as successor to herself for a three-year term beginning September 23, 1938. 1290 JouRNAL oF THE SENATE, FoR SoLICITOR oF THE CITY CouRT OF BALDWIN CouNTY: Carlyle Giles, of Milledgeville, as successor to himself for a two-year term beginning February 3, 1937. FoR THE STATE BoARD oF OPTOMETRY ExAMINERS: Dr. Steve Outlaw, of Atlanta, as successor to Dr. W. N. Ainsworth, Jr., of Atlanta, for a term beginning August 6, 1938, and continuing for a period of three years. J. H. Spratlin, of Macon, as successor to himself, for a term beginning August 6, 1938, and continuing for a period of three years therefrom. Dr. W. R. Wilson, of Douglas, as successor to himself for a term beginning August 6, 1938, and continuing for a period of three years. FoR MEMBERS OF THE STATE BoARD OF CHIROPRACTIC ExAMINERS: Dr. V. H. Lake, of Atlanta, for a term beginning October 1, 1937, and ending August 20, 1940. Dr. E. H. Anderson, of Savannah, for a term beginning November 1, 1937, and ending August 20, 1940. Dr. Herman Gray, of Rome, as successor to Dr. W. E. Brown, of Newnan, for a term beginning August 20, 1938, and continuing for a period of three years therefrom. Dr. Leonard 0. Shaw, of Tifton, as successor to Dr. A. England, of Macon, now retired from active practice of his profession, for a term beginning February 11, 1938 and ending August 20, 1939. Dr. Fred J. Fowler, of Columbus, as successor to Dr. Burton A Williams, of Atlanta, for a term beginning August 20, 1938, and continuing three years therefrom. FoR THE STATE BoARD OF OsTEOPATHIC ExAMINERS: Dr. R. E. Andrews, of Rome, as successor to himself for a term beginning August 1, 1938, and continuing for a period of three years therefrom. SATURDAY, FEBRUARY 12, 1938. 1291 Dr. Rolla Brown, of Columbus, to succeed Dr. Evan P. Davis, of Augusta, for a term beginning February 11, 1938, and ending September 10, 1940. Dr. Walter B. Elliott, of Atlanta, to succeed himself for a term starting September 10, 1937, and ending September 10, 1940. FoR THE STATE BoARD OF BARBER ExAMINERS: H. W. Dunn, of Cobb County, as Chairman of the Board.for a term beginning April 14, 1937, and ending November 9, 1940. Mrs. C. C. O'Neal, of Blackshear, for a term beginning November 12, 1937, and ending November 9, 1940. B. L. Stephenson, of Decatur, as successor to C. A. Morrison, of Atlanta, for a term beginning February 11, 1938, and ending November 9, 1940. P. C. Hutcheson, of Dublin, as successor toN. H. Williamson, of Savannah, for a term beginning November 11, 1938, and continuing for a period of three years. FoR MEMBERS OF THE CHARLES H. BERTY FouNDATION: James Fowler, ofTreutlen County, for a five-year term, beginning the date of approval of the act creating the foundation. George M. Bazemore, of Waycross, for a four-year term beginning the date of approval of the act creating the foundation. H. Langdale, of Valdosta, for a three-year term beginning the date of approval of the act creating the foundation. G. Ed Maddox, of Rome, for a two-year term beginning the date of approval of the act creating the foundation. Claud C. Curtis, of Savannah, for a one-year term beginning the date of approval of the act creating the foundation. FoR MEMBER OF THE STATE INDUSTRIAL BoARD: Harry E. Monroe, of Atlanta, as successor to himself for a term beginning October 1, 1938, and continuing three years therefrom. The vote on all of the foregoing nominations was: Ayes 46, nays 0. 1292 JouRNAL o'F 'rHE SENA'I'E, FoR MEMBER OF THE STATE BoARD oF MEDICAL ExAMINERS: Dr. R. F. Wheat, of Bainbridge, as successor to Dr. J. W. Palmer, of Ailey, for a term beginning September 1, 1938, and continuing to September 1, 1942. The vote on the above nomination was: Ayes 36, nays 5. Very sincerely yours, JoHN W. HAMMOND, Secretary State Senate. The President called the Senate to order. The following resolution of the Senate was read the third time and put upon its passage: By Messrs. Daves of Dooly and Horne of Bibb- House Resolution No. 175. A resolution urging the enactment of a law whereby the General Government may aid and assist Americans engaged in Agriculture, and for other purposes. Senator Lindsay of the 34th District moved that House Resolution No. 175 he tabled and the motion prevailed. Senate Bill No. 87, a hill amending Section 69-101 of the Code of 1933, was taken up for the purpose of considering the following House amendments thereto: Mr. Marshall of Macon moves to amend Senate Bill No. 87 as follows: Amends the caption by striking the words and figures "10,000 population or less" wherever they appear in the caption, and inserting in lieu thereof, the words and figures, "population of not more than 2,285 and not less than 2,280." Amends Section 1 as follows: By striking the words and figures "10,000 population or less" wherever they appear in the said Section, and inserting in lieu thereof, the words and figures, "population of not more than 2,285 and not less than 2,280." SATURDAY, FEBRUARY 12, 1938. 1293 Amends Section 2 by striking Section 2 in its entirety, and inserting in lieu thereof, the following: "Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed." Also, by adding a new Section, numbered 3, providing as follows: "Be it further enacted that this Act shall apply to all Amendments to Municipal Charters enacted into law prior to the passage of this Act, and all other amendments are hereby reenacted and ratified, as well as future Amendments to Municipal Charters. Provided further that this Act shall apply only to cities of a population of not more than 2,285, nor less than 2,280." Mr. McGraw of Meriwether moves to amend the Marshall amendment to Senate Bill No. 87 by amending the caption by changing the period and quotation mark at the end of the caption amendment to a comma, and by adding at the end of said caption the further words and figures, to-wit: "and also all cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States census of 1930 or any future census." And by changing the period and quotation at the end of line four of amendment to section one to a comma, and by adding at the end thereof the words and figures as follows "and also cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States census of 1930 or any future census." And by striking the period at the end of the new Section 3 and inserting a comma and adding the following words and figures "and also all cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States census of 1930 or any future census. The Senate agreed to the House amendments to Senate Bill No. 87. The following resolution of the House was read and adopted: 1294 JouRNAL ot THE SENATE, By Messrs. Ferguson and Chappell of Sumter- House Resolution No. 165. A resolution authorizing the State Highway Board to name the bridge now being constructed on the Crisp Military Highway the "General Howell Cobb and Captain John Addison Cobb Memorial Bridge," and for other purposes. The following bill of the House, having been reconsidered by the Senate, was reached on the calendar and taken up for consideration: By Messrs. Lanier of Richmond, Harvey of Upson, and Harrell of Brooks- House Bill No. 221. A bill to amend Section 1 of the Chain Store Tax Act, approved March 27, 1937, and for other purposes. On the passage of the bill, Senator Millican of the 52nd District moved the previous question and the motion prevailed. Senator Millican of the 52nd District called for the ayes and nays 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, the roll was called and the vote was as follows: Those voting in the affirmative were Senators: Almand Aultman Burgin Ohason Olements Ennis Hampton Hardman Holmes Home Johnson Knabb McOutchen Neely Peebles Robinson Sammon Shannon Shedd Sutton Terrell Williams Those voting in the negative were Senators: Allen Atkinson Atwood Burrell Forrester .Griner Harrell Harrison Jackson Millican Moye Patten Peterson Phillips Pope Pruett Purdom Sikes Thrasher Turner Walker Whitehead SATURDAY, FEBRUARY 12, 1938. 1295 Verification of the roll ca!l was dispensed with. The ayes were 22, the nays 22. The bill having failed to receive the requisite constitutional majority was lost. Not voting were: Senators Brock of the 37th District, Flynt of the 26th District, Fowler of the 39th District, Jones of the 38th District, Kimbrough of the 25th District, Lindsay of the 34th District, and McKenzie of the 48th District. Senator Atwood of the 2nd District renewed his motion that the Senate consider House Bill No. 532. On the motion by Senator Atwood of the 2nd District, the roll was called and the vote was as follows: Those voting in the affirmative were Senators: Allen Almand Atwood Burrell Chason Clements Forrester Griner Hampton Harrell Holmes Home Jackson Johnson Jones Knabb Lindsay Millican Neely Peterson Robinson Shedd Sutton Terrell Thrasher Williams Those voting in the negative were Senators: Atkinson Aultman Ennis Hardman Harrison McCutchen Moye Patten Pope Pruett Purdom The roll call was verified. Sammon Shannon Sikes Walker Whitehead The ayes were 26, the nays 16. The motion by Senator Atwood of the 2nd District, not having received the necessary two-thirds vote, was lost. Not voting were: Senators Brock of the 37th District, Burgin of the 24th District, Flynt of the 26th District; Fowler of the 39th 1296 JouRNAL oF THE SENATE, District, Kimbrough of the 25th District, McKenzie of the 48th District, Peebles of the 18th District, Phillips of the 29th District, and Turner of the 35th District. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the report of the Committee of Conference on the following bill of the Senate, to-wit: By Senators Spivey of the 16th District, Atkinson of the 1st District, and others- Senate Bill No. 3. A bill to be entitled an Act to define and enlarge jurisdiction of Ordinaries in misdemeanor cases arising under the Highway Patrol Act of 1937, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House agrees to the Senate amendments to the following bills of the House, ta-wit: By Mr. Booth of Barrow- House Bill No. 450. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in Barrow County, and for other purposes. By Mr. Booth of Barrow- House Bill No. 451. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes. By Mr. Reid of Wilcox- House Bill No. 511. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads abd Revenues for Wilcox Comaty, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: SATURDAY, FEBRUARY 12, 1938. 1297 Mr. President: The House has agreed to the report of the Committee of Conference on the following bill of the Senate, to-wit: By Senators Whitehead of the 30th District and Williams of the 5th District- Senate Bill No. 37. A bill to be entitled an Act to amend Title 86 ("Public Defense") of the 1933 Code, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment to the following resolution of the House, to-wit: By Mr. Key of Jasper- House Resolution No. 32-128e. A resolution making appropriations to the State Radio Commission, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House agrees to Senate Amendment No. 1 and disagrees to Senate Amendment No. 2 to the following bill of the House, to-wit: By Messrs. Deal of Bulloch, Bennett of Ware, and Coleman of Lowndes- House Bill No. 506. A bill to be entitled an Act to amend General Tax Act, (Georgia Laws 1935) to provide for a tax on auctioneers for the sale of certain products and commodities, and for other purposes. The following report of the Conference Committee on House Bill No. 204, known as the Uniform Warehouse Receipts Act, was read and adopted: Mr. President and Mr. Speaker: Your Committee on Conference on House Bill No. 204 have agreed upon the following and recommend its adoption. 1298 JouRNAL oF THE SENATE, That the House and the Senate recede from the Senate amendment to Section 2 of said Act and that a new section, to read as follows, be adopted: "Sec. 2. The law with reference to the obligation of the warehouseman to insure, in the absence of a request to insure by the owner or depositor of the goods, and the presumption of the existence of such insurance, shall remain as now provided by law." We further recommend that the Senate recede from its second amendment and that with the exception above the bill pass as originally passed by the House. This February 12, 1938. PARKER of Colquitt, LANHAM of Floyd, JoNES of Bartow. On the part of the House. CLEMENTS of the 9th District, . HoRNE of the lOth District, GRINER of the 45th District. On the part of the Senate. Senator Ennis of the 20th District moved that the Senate recede from its position on the Senate amendment by Senator Pope of the 7th District, known as Senate Amendment No.2, and the motion 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 gallery of the Senate Chamber cleared of all persons not entitled thereto under the rules of the Senate governing executive sessions. The following communication was transmitted to His Excellency, the Governor, by Hon. John W. Hammond, Secretary of the Senate: SATURDAY, FEBRUARY 12, 1938. 1299 February 12, 1938. HoN. E. D. RIVERs, Governor, Executive Department, State Capitol, Atlanta, Georgia. Dear Governor: I beg leave to report to you that Executive Session nominations sent to the Senate by you were confirmed today as follows: FoR MEMBERS oF THE STATE BoARD oF PENAL ADMINISTRATION: A. M. Anderson, of Perry, for a term beginning February 15, 1938, and continuing for a period of one year therefrom. Miss Ella May Thornton, of Atlanta, as State Librarian, for a term beginning January 6, 1938, and ending January 6, 1942. P. C. King, Sr., of Fort Gaines, as successor to Zach Arnold as Judge of the City Court of Fort Gaines for a term beginning February 11, 1938, and ending December 31, 1938. The vote on the above nominations was: Ayes 43, nays 0. Very sincerely yours, JoHN W. HAMMOND, Secretary State Senate. The President called the Senate to order. The following resolution of the Senate was read and referred to the Committee on Public Utilities: By Senators Peterson of the 15th District and Shannon of the 21st District- Senate Resolution No. 88. A resolution condemning the practice of the University of Georgia in employing an athletic director at the State University at a greater salary than that paid to the Governor of 9eorgia, and for other purposes. 1300 JouRNAL oF THE SENATE, The Senate stood recessed subject to the call of the Chair. The President called the Senate to order. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has agreed to the report of the Committee of Conference on the following bills of the House, to-wit: By Mr. Gross of Stephens- House Bill No. 242. A bill to be entitled an Act authorizing the State Highway Board to use any funds available to them for the purpose of matching any Federal funds, and for other purposes. By Mr. Parker of ColquittHouse Bill No. 204. A bill to be entitled an Act to be known as the Uniform Warehouse Receipts Law, and for other purposes. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit: By Senators Purdom of the 46th District, Atkinson of the 1st District, and Lindsay of the 34th District- Senate Bill No. 64. A bill to be entitled an Act to provide that in all cases in which a defendant is sentenced to electrocution, the trial judge must direct that sentence be executed by the State Board of Penal Administration, and for other purposes. The House has passed, as amended, the following bill of the Senate, to-wit: By Senators Pope of the 7th District, Atkinson of the 1st District, Jackson of the 14th District, and Phillips of the 29th District- Senate Bill No. 114. A bill to be entitled an Act to provide SATURDAY, FEBRUARY 12, 1938. 1301 for confirmation by the Senate of appointees of the Governor for public office, and for other purposes. Senate Bill No. 114, a bill providing for the confirmation by the Senate of appointees of the Governor for public office, was taken up for the purpose of considering the following House amendment thereto: By Mr. Coleman of Lowndes: To amend by adding to Section 2 at the end of said section the following: Provided that all members of all boards, commissions and bureaus as well as other appointees authorized by law to be made by the Governor, and not submitted to or confirmed by the State Senate since January 1, 1937, or at this special session of 19371938, shall automatically cease to hold such office and the same shall be vacant and it shall be the duty of the Governor to fill such vacancy by appointment and approval as herein provided, upon the approval of this Act; and provided further that the provisions of this Act shall not apply to appointments made to county, circuit or district offices to fill vacancies temporarily pending the holding of elections to fill local vacancies. The House amendment to Senate Bill No. 114 was agreed to. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: I am directed by the House to notify the Senate that the House has concluded the transaction of business, and stands ready to adjourn sine die. The House has adopted the following resolution of the House, to-wit: By Mr. Sutton of Wilkes- House Resolution No. 194. A resolution providing for the appointment of a committee to notify the. Governor that the General Assembly stands ready to adjourn sine die, and for other purposes. 1302 JouRNAL or THE SENATE, The Speaker has appointed as a committee the following members of the House, to-wit: Messrs. Deal of Bulloch, Moore of Lumpkin, and Hogg of Marion. The following resolution of the House was read and adopted: By Messrs. Sutton of Wilkes, Grayson of Chatham, and others- House Resolution No. 194. A resolution providing that a joint committee of five, three from the House and two from the Senate, be appointed by the Speaker and President respectively to notify the Governor that the General Assembly stands ready to adjourn sine die. The President appointed as a committee on the part of the Senate to notify His Excellency, the Governor, that the General Assembly stands ready to adjourn sine die the following members of the Senate, to-wit: Senators Atwood of the 2nd District, and Lindsay of the 34th District. Senator Millican of the 52nd 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 Chamber cleared of all persons not entitled thereto under the rules of the Senate governing executive sessions. The following communication was transmitted to His Excellency, the Governor, by Hon. John W. Hammond, Secretary of the Senate: February 12, 1938. HoN. E. D. RIVERS, Governor Executive Department State Capitol Atlanta, Georgia. Dear Governor: I beg leave to report to you that Executive Session nominations sent to the Senate by you were confirmed today as follows: SATURDAY, FEBRUARY 12, 1938. 1303 FoR MEMBERS OF THE STATE BoARD OF MEDICAL ExAMINERs: Dr. Ed Watkins, of Ellijay, as successor to Dr. H. G. Huey, of Homerville, for a term beginning February 12, 1938, and ending September 1, 1940. Dr. Harold F. McDonald, of Atlanta, as successor to Dr. J. L. Howell, of Atlanta, for a term beginning February 12, 1938, and ending September 1, 1939. Dr. Leo Smith of Waycross as successor to Dr. Frank M. Ridley of LaGrange for a term beginning February 12, 1938, and ending September 1, 1939. (The vote on the foregoing was: Ayes 39, Nays 0). Dr. R. F. Wheat of Bainbridge as successor to Dr. J. W. Palmer of Ailey for a term beginning February 12, 1938, and ending September 1, 1938. (The vote on the above nomination was: Ayes 27, Nays 8). FoR MEMBERS oF THE UNIVERSITY BoARD oF REGENTS: Jere Moore, of Milledgeville, as successor to Miller S. Bell, of Milledgeville, for a term beginning February 12, 1938, and ending July 1, 1941. Dr. Marvin Twiggs, of Dalton, as successor to C. M. Milam, of Cartersville, for a term beginning February 12, 1938, and ending July 1, 1941. J. D. Gardner, of Camilla, as successor to John Monaghan of Pelham, for a term beginning February 12, 1938, and ending July 1, 1941. FoR MEMBER OF THE GEoRGIA STATE BoARD oF MEDICAL ExAMINERS: Dr. G. T. Lyons, of Roswell, as successor to Dr. C. F. Griffith, of Griffin, for a term beginning February 12, 1938, and ending Septemher 1, 1941. FoR MEMBERS OF THE STATE BoARD oF BARBER ExAMINERS: Albert Roach, of Springfield, for a term beginning February 12, 1938, and ending November 9, 1938. 1304 JOURNAL OF THE SENATE, D. R. Swanson, of LaFayette, for a term beginning February 12, 1938, and ending November 9, 1939. FoR MEMBERS oF THE STATE BoARD oF EMBALMING: Mrs. R. C. Ulmer, of Waycross, for a term beginning April 27, 1937, and ending December 31, 1939. R. Coke Connally, of Macon, as successor to himself for a term beginning January 1st, 1938, and continuing for a period of five years. (The vote on all of the foregoing was: Ayes 39, Nays 0). The name of Mr. E. L. Almand, Jr., of Monroe, as successor to himself for membership of the State Board of Embalmers was withdrawn in compliance with your letter of this date. Very sincerely yours, JoHN W. HAMMOND, Secretary State Senate. The President called the Senate to order. The following resolution of the Senate was read and adopted: By Senators Atkinson of the 1st District and Spivey of the 16th DistrictSenate Resolution No. 89. A resolution providing that the General Assembly do now adjourn sine die. The following message was received from the House through Joe Boone, the Clerk thereof: Mr. President: The House has adopted the following resolution of the Senate, to-wit: By Senators Atkinson of the 1st District and Spivey of the 16th District- Senate Resolution No. 89. A resolution providing that the General Assembly do stand adjourned sine die. The President announced that the General Assembly stood adjourned sine die. INDEX of the SENATE JOURNAL of the Extraordinary Session of of the State of Georgia November 22, 1937 - February 12, 1938. INDEX 1307 PART I TO SBNATB JOURNAL BXTBA SESSION 1937-1938 SBNATB OBGANIZATION, PBOOBDUBl!l, BTO. Figures in right hand column indicate number of page. Figures in left hand column indicate number of Bills and Resolutions. Extra Session, Proclamation_______ --------------------------___ 9 Notice to House, Convening (S. R. l)_ -------------------------- Notice to Governor (S. R. 2)------------------------------------New Senators, Certificate of Election___________________________ New Senators, Committees.____________________________________ Rules, Bills after 8 P.M.________________________________________ 17 17 8,9 21,22 152,156 Roll Ciill on all Bills------------------------------------------Conference Committees, to limit________________________________ General Bills, ordered printed._________________________________ Executive Messages_____________________________________________ 152,156 153,156 154 18,24,1046 Joint Sessions_________________________________________________ 18,24,1046 Recess, Christmas Holidays (S. R. 28)--------------------------- 416 Senate Officials remain after recess (S. R. 36)___________________ 520 "Burgin Bill," urging House (S. R. 40)____________ -------------- 580 Privileges of floor, limited (S. R. 60)----------------------------- 960 Sine Die adjournment (S. R. 65) ________________________________ 1132,1167 ,1169 Rules Regular Session for Extra Sessions (S. R. 70)_____________ 1167,1168 Officials, to close business (S. R. 73)---------------------------- 1169 Sine Die, February 19th (S. R. 76)------------------------------- 1199 Attorney General, Ruling asked, H. B. 540 (S. R. 77)____________ 1211 Adjournment, Sine Die (S. R. 89)------------------------------- 1304 CONFERENCE REPORTS- On H. B. 64, Sylvester Charter______________________________ 513 On s. B. 40, Fulton County________________________________ 542 On H. B. 3, Truck and Bus Bill_____________________________ 548 On H. B. 3, Motor Vehicle Tags_____________________________ 548 On H. B. 26, Property, Olassification of_____________________ 559 On S. R. 11, Hospitalization, Taxes_________________________ 666 On s. B. 52, Penal Administration--------------------- 840 1308 INDEX On H. B. 374, Ben Hill Co., Contracts_______________________ 855,866 On S. B. 28, Corporation Laws______________________________ 933 On H. B. 27, Department of Taxation_______________________ 1008 On S. B. 49, Prison Commission, name changed_____________ 1044 On H. B. 349, Atlanta Charter_______________ -----__________ 1091,1146 On H. B. 161, Rolling Stores Tax_______________________ 1116,1269,1276,1283 On H. B. 260, Plant Disease ControL_______________________ 1209 On H. B. 190, Federal Highway Funds, to match____________ 1220 On H. B. 204, Warehouse receipts ______________________ 1242,1248,1268,1297 On S. B. 3, Ordinaries, jurisdiction oL_____________________ 1266 On S. B. 37, Public Defense Act. ___________________________ 1277 EXECUTIVE COMMUNICATIONS- Income Tax, minimum______________________________________ 201 Birthday, appreciation __________ ~__________________________ 230 Sealed______________________________________________________ 668 Sealedl_____________________________________________________ 1126 Sealed______________________________________________________ 1128 Sealed______________________________________________________ 1284 Sealed______________________________________________________ 1302 EXECUTIVE SESSIONSConsider sealed communications__________________ .668, 1128,1226,1284,1302 EXECUTIVE APPOINTMENTS- Ron. R. Glenn Dickerson___________________________________ Hon. George Converse______________________________________ Hon. R. C. Ramey__________________________________________ Hon. Joseph T. Davis______________________________________ Hon. T. Grady Head________________________________________ Hon. Warren Grice__________________________________________ Hon. Zach Arnold__________________________________________ Hon. Duke Davis___________________________________________ Dr. R. J. Kennedy__________________________________________ Mrs. Frank David___________________________________________ Hon. A. H. Freeman________________________________________ Dr. W. A. Shelton___________________________________________ Hon. H. C. Williams________________________________________ Mrs. Elizabeth McWaters____________________________________ Hon. S. I. Watson__________________________________________ Hon. W. w. McCay__________________________________________ Hon. W. C. ClarY, Jr._______________________________________ Mrs. A. B. Conger__________________________________________ Dr. J. A. CorrY ____ -_______________________________________ Dr. D. N. Thompson________________________________________ Hon. A. T. Minchew________________________________________ Hon. Arthur Lucas_________________________________________ Dr. J. R. Wilson____________________________________________ Dr. J. s. Golden... ____ __ ._ .. ________ - ____ __ .. _. _. 669 669 669 669 1129 1196 1196 1196 1227 1227 1227" 1227 12~ 1227122'1" 1227 1227v 1227>1 12281 12281228" 12281228v 1228J INDEX Hon. J. Hallman BelL ____________________________________ _ Capt. Frank W. Spencer___________________________________ _ Hon. Lamar Murdaugh____________________________________ _ Hon. George A. Sancken___________________________________ _ Mrs. J. Y. Conn___________________________________________ _ Hon. J. Schley Thompson_________________________________ _ Hon. Glenn Holcombe_____________________________________ _ Hon. Charles C. Duncan __________________________________ _ Hon. ClarkHo~ell _________________________________________ _ Hon. H. L. Padgett________________________________________ _ Hon. Charles S. Reid______________________________________ _ Hon. L. W. Robert, Jr. _____________________________________ _ Hon. John B. Spivey______________________________________ _ Hon. Roy V. Harris________________________________________ _ Hon. M. L. Brittain.--,------------------------------------Hon. L. C. Burns__________________________________________ _ Hon. Lester F. Elliott______________________________________ _ Hon. R. B. Norris__________________________________________ _ Hon. Ralph McGill. _______________________________________ _ Hon. Alfred I. Young______________________________________ _ Capt. Garland Peyton_____________________________________ _ Hon. W. F. Scott___________________________________________ _ Hon. W. L. Cobb __________________________________________ _ Hon. E. M. Beckham_______________________________________ _ Dr. Charles H. Herty ______________________________________ _ Miss Martha Berry_________________________________________ _ Hon. H. T. Mcintosh ______________________________________ _ Dr. M. D. Collins __________________________________________ _ Dr. T. F. Abercrombie _____________________________________ _ Hon. Jim L. Gillis_________________________________________ _ Hon. James W. Woodruff_ _________________________________ _ Hon. John C. Le~s---------------------------------------Hon. T. E. Whitaker_______________________________ ~- ______ _ Hon. Do~ning Musgrove___________________________________ _ Miss Gertrude Liles________________________________________ _ Dr. B. E. Carlisle__________________________________________ _ Dr. J. M. Sutton__________________________________________ _ Dr. o. N. Mathis___________________________________________ _ Dr. A. B. Griner ___________________________________________ _ Dr. R. 0. Barnes___________________________________________ _ Dr. William J. Cox_________ ----------- _____________________ _ Dr. Louis J. Ferrier________________________________________ _ Hon. George R. Foltz______________________________________ _ Hon. Robt. R. Jennings___________________________________ _ Hon. George R. Tommins__________________________________ _ Hon. John B. McCollum___________________________________ _ Hon. c. A. Moller__________________________________________ _ Hon. w. R. Osborn-----------------.. --------------------- 1809 1228. 1228-' 1229 1229 1229 1229, 1229,/ 1229, 1229' 1229, 1229 1229J 1229~ 1229 1230~< 1230 1230 1230 1230 1230 1230 1230' 12301230 1231 1231 1231' 1231 1231 1231"' 1231. 1231 v 1231., 1231 v 1231 " 1284... 1284 1284" 1284' 1284 .. 1284-' 1284 128!Y 1285" 1285" 12851' 1285' 1286 1310 INDEX Hon. M. H. Barnes_________________________________________ Hon. William F. Loflin______________________________________ Hon. Brooks Geohegan__________________________ -- __ _____ __ Hon. Frank Forrester_______________________________________ Hon. Stanley Jones_- __________________________ -___________ Hon. Richard E. Allen, Jr.__________________________________ Judge G. A. Johns_________________________________________ Judge Vivian L. Stanley________________________ --__________ Judge Clement E. Rainey___________________________________ Hon. J. L. Renfroe_________________________________________ Hon. Hope D. Stark________________________________________ Hon. Pemberton Cooley, Sr.________________________________ Hon. W. H. Reynolds_______________________________________ Judge 0. J. Coogler________________________________________ Judge Augustus M. Roan__________________________________ Dr. M.D. Hodges___________________________________________ Hon. Pearce Horne______________________________ ----_______ Hon. Max V. Tolbert__________________ ------- ___ -___________ Dr. John R. Lewis__________________________________________ Hon. J. A. Mills____________________________________________ Hon. A. 0. Blalock_________________________________________ Dr. Claude Griffin.._____________________________ --------____ Dr. D. T. Rankin------------------------------------------Hon. R. E. DeLoach_______________________________ ----_____ Hon. Felton Davis__________________________________________ Hon. Albert HowelL________________________________________ Dr. Fred L. Huie. _----------------------------------------Miss Sally M. Akin______ --~_________________________________ Miss Tommie Dora Barker___________________________________ Miss Jessie Hopkins________________________________________ Miss Louise Smith_________ ---------________________________ Hon. M. T. Singleton_______________________________________ Hon. R. s. King____________________________________________ Hon. C. J. Brockman_______________________________________ Hon. C. E. Layton__________________________________________ Hon. A. G. Stanford________________________________________ Hon. M. T. Singleton_______________________________________ Hon. Francis A. Calhoun___________________________________ Hon. L. s. Moody------------------.------------------------- Hon. Charles Skinner______________________________________ Hon. J. A. Mills____________________________________________ Hon. John E. Stoddard____________________________________ Hon. Van P. Enloe__________________________________________ Mattie Lou Banks__________________________________________ Miss Mary McNally_____________________________ :____________ Mrs. Frances King____________________________ -------------Hon. Carlyle Giles__________________________________________ Pr. Steve Outlaw------------------------------------------- 1285 l285 ~285 le85 le86 le86 1:286 1286 '1'286 1286 i286 l286 i286 t286 1286 1287 4287 i287 1287 1287 1287 1287 J.287 1287 1287 1288 1288 '1288 1288 nl88 i288 1288 1288 1289 1289 1289 1289 1289 J1.289 1289 !289 ,JJ.289 !.289 '1.289 J289 1289 1290 1290 iNDEX i311 Hon. J. H. Spratlin _______________________________________ _ Dr. W. R. Wil:;;on___________________________________________ _ Dr. V. H. Lake_____________________________________________ _ Dr. E. H. Anderson________________________________________ _ Dr. Herman Gray__________________________________________ _ Dr. Leonard 0. Shaw______________________________________ _ Dr. Fred J. Fowler_________________________________________ _ Dr. R. E. Andrews_________________________________________ _ Dr. Rolla Brown___________________________________________ _ Dr. Walter B. Elliott_______________________________________ _ Hon. H. W. Dunn __________________________________________ _ Mrs. C. C. O'Neal__________________________________________ _ Hon. B. L. Stephenson____________________________________ _ Hon. P. C. Hutcheson_____________________________________ _ Hon. James Fowler________________________________________ _ Hon. George M. Bazemore__________________________________ _ Hon. H. Langdale _________________________________________ _ Hon. G. Ed Maddox _______________________________________ _ Hon. Claud C. Curtis______________________________________ _ Hon. Harry E. Monroe _____________________________________ _ Dr. R. F. Wheat____________________________________________ _ Hon. A. M. Anderson______________________________________ _ Miss Ella May Thornton ___________________________________ _ Hon. P. C. King, Sr. _______________________________________ _ Dr. Ed Wat~ins____________________________________________ _ Dr. Harold F. McDonald.. __________________________________ _ Dr. Leo Smith_____________________________________________ _ Dr. R. F. Wheat____________________________________________ _ Hon. JereMoore___________________________________________ _ Dr. Marvin Twiggs_________________________________________ _ Ron. J. D. Gardner________________________________________ _ Dr. G. T. Lyons ___________________________________________ _ Hon. Albert Roach ________________________________________ _ Hon. D. R. Swanson_______________________________________ _ Mrs. R. C. Ulmer___________________________________________ _ Ron. R. Coke Connally____________________________________ _ Hon. E. L . .Almand, Jr. ____________________________________ _ -1290 -1290 1290 i290 l290 it290 i290 1290 l291 l291 i291 1291 1291 J"l291 -1291 1291 '1291 }291 1291 1291 '1292 1299 1299 1299 130a1303 13()3, 130a130a 1303 1303 13m' 1303 1~ 1304J 13Q4V 1304" MESSAGES FROM HOUSE- Received by Senate_____ 22, 193, 196, 213, 221, 227, 239, 256, 257, 290, 298, 300, 315,340,369,379,380,389,391,392,413,443,451,452, 460,464,465.. 483,484,489,490,499,514,522,523,524, 532,533,556,561,566,581,558,605,636,644,670,671, 584,704,714,715,732,733,734,753,759,763,772,782, 787,802,819,820,838,844,845,866,885,888,889,892, 921,939,960,961,976,985,1011,1014,1015,1032,1042, 1090,1091,1093,1120,1121,1122,1132,1144,1165,1168, 1193,1196,1197,1198,1201,1202,1203,1210,1221,1232, 1312 INDEX 1233,1239,1240,1241,1242,1243,1253,1254,1258,1260, 1261,1270,1271,1278,1282,1283,1296,1297,1300,1301, 1304 COMMUNICATIONS- Congressman Peterson, Farm Aid__________________________ _ 263 President Roosevelt, Welfare_______________________________ _ 338 M. D. Collins, Union Depot________________________________ _ 410 Downing Musgrove, Christmas recess______________________ _ 413 Arthur Lucas, Milledgeville Institutions___________________ _ 738 Editorial on Senator Pope _________________________________ _ 748 Prison Reorganization Administration_____________________ _ 1127 Appropriation to Counties (H. B. 540)______________________ _ 1234 State Highway Board______________________________________ _ 1235 Department Public Welfare ______________________ 7-- _______ _ 66 SPECIAL REPORTS- Department Public Welfare________________________________ _ Priso~Reorganization _____________________________________ _ 66 1127 INDEX 1313 PART II SBNATB BILLS A ALOOHOLIO BEVERAGEs66-Sale near Institutions barred_________________________356,389,419,862 AMENDMENTS TO OONSTITUTION6-Savannah, bonded debt______________________ 152,156,157,204,215,300 47-Retirement of School Teachers _______________ 303,345,346,366,569,599 72-Ware Oount;y, bonded debt _______________________ 373,416,420,470,890 73--~BillsinAssembly___________________________ 373,394,395,431,580 75-Willacoochee, bonded debt________________________ 374,416,420,473, 733 80--Macon, Temporary Loans____________________________ _415,468,469,506 84-Baxley, refunding bonds _____________________________497 ,589,590, 724 89-New Senatorial District______________________________ _497 ,589,590, 724 126-Homerville, bonded debt________________________848,894,923,1139,1244 (See also Senate Resolutions.) (See also House Bills.) B BANKS AND BANKING135-Banking interest regulated _______________________ 986,1019,1021,1088 BUILDING AND LOAN9-B. & L. Associations defined___________________________ 155,210,790 95-Federal Insurance Corporation receiver_______ 604, 640, 641, 700,703,713 96-Federal Insurance Shares______________________________ 604,641,700 c OITIES, OITY OHARTERS6-Savannah, bonded debt______________________ 152,156,157,204,215,300 11-Trenton, charter amended________________ 161,119 ,200,225,228,257,292 14---0arrollton, charter amended______________________ 196,243,244,255,379 21-0ordele, charter amended_________________________ 224,243,244,255,524 23--Jesup, charter amended__________________________224,243,244,255,379 24-Jesup, new charter_______________________________ 224, 243,244,255,379 29-Atlanta, voting machines____________________ J ____242,344,357 ,382,562 ~Atlanta, charter amended_____________ 301,320,323,347,452,461,515,542 41-Atlanta, charter amended..________________________302,320,323, 347,451 48--Shellman, charter amended_______ --------- _______ 317 ,345,346,357,499 61-0arrollton, water and light_______________________355,375,381,395,524 62-0arrollton, charter amended______________________ 355, 375, 381, 393,524 68-Atlanta, pension law _____ ------------ ____________ 356,419,420,476, 783 75-Willacoochee, bonded debt____________________________374,416,420,473 1314 INDEX 80-Macon, temporary loans_______________________________415,468,469,506 84-Baxley, refunding bonds_-------------------------- __497 ,589,590, 724 86-Toccoa, zoning laws __________________________490,497 ,501,541, 782,821 97-Manchester, charter amended" ____________ 605,638,642,677,759,765,766 108-J"effersonville, charter amended ______________716, 736,740,764,866,867 123-Blackshear, charter amended_____________________803,823,825,858,977 126-Homerville, bonded debt________________________848, 894,923,1139,1244 141-Hartwell, zoning laws_______ ----------_------ _____ 1044, 1094,1095,1126 CODE .AMENDMENT&- 7-Section 78-204, widows of veterans____________ 152,157,158,172,177,490 1Q--Sections 95-1715,36-1115, rights-of-way___________ 160,199,200,246,253 12-Section 22-1504, corporations, lands___________________ 161 13--Section 105-704, newspaper libeL _____________________196,226,247,253 15-Section 26-6501, seizure for lottery________________ 196,225,226,248,253 28-Corporation Laws revised________________242,344,374,581 ,582, 782,821, 839' 845' 892' 894' 933' 964 31-Tax Collectors' fees __________________________253,262,304,313,331 ,332, 340,363,428,733,737,766 33--Ad valorem tax, repeal section ________________________ 287,300,322,364 37-Title 86, "Public Defense" _________288,306,307 ,337,352,359,1253,1255, 1270,1272,1277,1297 53--Section 92--4909, tax settlements__________________342,418,420,476,889 55-Section 25-3103, small loans____________________________ 342,369 79-Section 77-603, paroles ______________________ 388,419,420,633,1221, 1226 85-Section 27-2502, criminal procedure____________________ 497 87-Section 69-101, charters of cities ___________ _497,543,536,697,1283,1292 105-Section 34-1302, elections_______________ 686, 717,719,749,761,1168,1170 131-Section 26-2503, punishment for robbery_____________ 922,990,996,1032 132-Section 68-301, Public Highways, speed.. _____________923,987 ,996,1034 143--Section 78-216, Confederate Pensions_____________ 1093 ,1124,1126,1142 144-Section 3G-204, Alimony________________________________ 1122,1144,1261 COURTS, COURT PROCEDURE- 3--0rdina.ry, jurisdiction of _________ 10, 153 ,157,1122 ,1125, 1165,1255 ,1296 22-Clerk and Sheriff, compensation_--------------------- 224,289,309 43--Jury Commissioners, act repealed_____________________ 302,417 ,420,491 46-Jesup, city court_________________________________302,318,322,348,451 45-Alimony Judgments, to modify_______________________ 302,322,323,363 63--"Chain Gang" name changed ___________________ 355,389,419,596,1210 64-Sentences in Capital Cases_______________________ 355,389,419,488,596 67-To suspend or probate sentence______________________ 356,389,419,597 94-Surety on Bail Bond___________________________________ 604 131-Punishment for Robbery____________________________ 922,990,996,1034 137-Atlanta Municipal Court _____________________ 986,1017 ,1021,1086,1202 COUNTIE&22-Compensation Clerk and SherifL ____________________224,289,309,562 27-Chatham, County Treasurer__________________________ 241,289,310,413 INDEX 1315 39-Ware, teachers retirement ____________________ 301,319,323,347,976,1135 46-Wayne, City Court of .Tesup ______________________302,318,323,348,451 60-Chatham, lands granted to United States ________ 355,468,469,506,753 71-Mclntosh, zoning authority____________________________ 373,804 81-Douglas, abolishing Commissioners__________________ A15,447,455,992 82-Douglas, County Board created______________________ _415,447 ,455,992 101-Emanuel, bond of sheriff_ ____________________________670,686, 709,820 107-Twiggs, premium on bond________________________716, 736,740,764,866 109-Twiggs, bond of sheriff___________________________716, 736,740,764,866 116-Fulton, County Commissioner________________________774,804,806,856 127-Telfair, to restrict goats __________________________848,869,870,897,985 136-Chatham, control of road-houses, etc. ________986,1020,1021,1086,1210 137-Fulton, Municipal Court_____________________986, 1017,1021,1086,1202 139-Blakely, compensation of Ordinary______987,1017,1021,1095,1240,1251 Brantley School Tax (Sees. R. 67)__________________________ 1132,1243 COUNTY OFFICER8117-Certain vacancies, how filled _________________________787 ,805,806,842 CIVIL SERVICE5-Merit System for State_________________________19,151,172,219,231,243 CORPORATION8- 12-Domestic Corporations, to own land___________________ 161 28-State Corporation Laws, revised_____________242,244,371,581,582,821, 839' 845' 892.894' 933' 964 142-Chartering Corporations__________________________1044,1124, 1126,1136 D DRUGS, HYGIENE74-Test of all new Drugs _____________________________ 374,449,455,519,697 90-Venereal Diseases, amended___________________________ 566,715 E ELECTIONS- 29-Voting Machines, Fulton_________________________242,344,357,382,652 59-IllegalPractices________________________________________ 343,717,718 105-How and when held____________________ 686, 717,719,749,761,1168,1170 EXECUTIVE APPOINTMENT8114-Confirmation by Senate required____________________ 736,789,884,1300 H IDGHWAYS, IDGHWAY BOARD1Q-Condemnation Rights-of-way_____________________ 160, 199,200,246,253 16-Safety Devices authorized_____________________________ 78-Highway Advertising__________________________________ 196 388,822 121-Board to serve full time_____________________802,822,824,884,1244,1251 132-SpeedLimited_______________________________________ 923,987,996,1034 133-Board to Execute Contracts__________________________ 923,988,996,1039 14o-Motor Carrier Act, amended___________________________ 1016 1316 INDEX mGHWAY MILEAGE20-Roads added, Chattooga, Dade___________________224,804,307,325,524 25-Road added, Cobb, Cherokee_________________________225,805,307 ,326 32-Road added, Lee, Sumter_________________________253,805,307 ,326,562 34-Road added, Meriwether, Harr1s __________________287,804,307,327 ,5&2 56-Road added, Hancock ____________________________342,393,3'94,421,782 57--Road added, JeffersoiL___________________________342,393,395,422,782 7o--Roadadded, VVare________________________________373,418,420,470,783 93--Roads added, Clark, Madison_____________________604,717,719,741,847 98-Road added, DeKalb _____________________________637,717,719,742,847 99--Road added, Stephens_ --------------------------637,717,719,742,847 103--Road added, Glascock______ --------- _____________670,717,719,742,847 104-Road added, Marion___________ --------------- ____686,717,719,742,848 111--Road added, Jefferson, Glascock________________735,822,824,856,1091 112--Roadadded, ~owns _____________________________735,822,824,856,1091 113--Road added, ~owns_-------------------------- __735,822,824,857 ,1091 118--Road added, 'I'wiggs_________________________787 ,849,851,870,893,1092 120-Road added, Meriwether_________________________788,822,824,857, 1092 124--Add all Mileage to Si"stem.______________________819,924,926,1005,1210 I INDUS~IAL RELATIONB-38--Unemploym.ent Compensation________8Q1,309,323,362,383,387,427,847 92--Industrial Board, Compensation________________ .595,629,641,698,1271 no--Department of Labor_________________________716, 736,741,785,789,791 INSURANCE-77--Fire Insurance Rates___ ------------------------------- 388,1215 L LO~RIES-- Seizure of Vehicles ________________ ---------- __________ 196,225,226,248,253 II MILI~ARY-- 37--Publlc Defense Act______ --------- ______288,806,307 ,337 ,352,359,1253, 1255, 1270, 1272, 1277' 1297 MONEY LENDING-17--Interest Rate Limited__________________________________ 54--Salari" Assignments____________________________________ 55--Interest, Small Loans__________________________________ 212 342,369,498 342 :MILK CONTROL5o--State Board Increased__________________________ ..341,369,393,522,598 M~OR CARRIERS-- 14o--Act 1931 Amended__ ----------------------------------- 1016 INDEX 1317 p PAPER PULP INDUSTRY115-Authority to promote... ______________________________ 752,823,855 119-Hem Foundation_______________________788,805,806,864,886,903, 1244 PENSIONB7-Widows, marriage date________________________ 152,157 ,158,172,177,490 143-0onfederate Veterans_____________________________ 1093, 1124,1126,1142 PURCHASING DEPARTMENT58-Tax Stamps, purchase authorized __________ 342,363,417,519,1234,1237 PUBLIC WELFARE42-Assistance to Aged, recovery_____________________ .302,321,323,362,561 134-Factonr for Blind______________________________________ 986,1020,1136 PHOTOGRAPIDO EXAMINERS51-Board, Act creating_----------- ___________________ 341,376,381,491, 710 PRISONS, PRISON OOMMISSION- Prison Problem, Survey Report________________________ 85 49-Prison Commission, name changed __________317,344,374,485,921,993, 1032,1039,1044,1082,1091 52-Penal Administration, State Board__________ 341,362,374,459,461,753, 762,763,769,839,840 53-0hain Gang, name changed_____________________355, 389,419,596,1210 54-Electrocution Oases, sentence_______________ 355,389,419,488,596,1300 65-Prison Commission, Ex-Officio Members _________ 355, 389,419, 597,1210 56-Intoxicating Beverages, near Prisons. _________________ 356, 389,419, 862 79-Parole, applications for _____________________388,419,420,633,1221,1226 146-State Ranger, Tattnall Prison______ ---------- ____1132,1144,1166,1185 s STATE PROPERTY44-Union Depot Site, Commission_______________________ _ 122-Governor to sublease_________ ---------- ______________ _ 302,376,633 803. 839.992 STATE INSTITUTIONB36-Debentures for buildings_____________ -----_----- ____ .287,304,307,336 STATE EMPLOYMENT35-Aliens, employment restricted__ ------ ___________ 287 ,639,641,682,1240 88-Members of Assembly, prohibited______________________ 497,566,639 T TAXATION- Legislative Committee, report.. ________________________ 161 1-Personal Property, exemption_____________ .18,150,156,159,173,301,312 2-Homestead Exemption___________________________ .18,151,156,159 ,180, 182,199.381,384.433 1318 INDEX 8--Fuel Oil, distribution....... ------- ______ .. ____ ......152,156,157,178 18--Fairs, Privilege Tax..................... __________ 212,225,226,248,253 19-Income Tax, Federal Tax Deducted___________224,243,244,311,533,551 31-Fees, Collectors and Receivers ___ ------- _____253,262,304,313,331,332, 340,363,428,733,737,766 33--)ld valoremLeVY----------------------------------287,300,322,345,364 53-Tax Collectors, settlements________________________ 342,418,420,476,889 76-Motor Fuel, Tax amended_________________________ 388,450,455,512,580 91-lncome Tax, amended _______________ ------------- ___ 595,673, 698,1240 10Q-Intangible Tax, accounts______________________________ 638 102-lntangible Tax, )let amended_______________670, 705,708,746,1244,1249 106-lntangible Tax, chartered banks_______________________ 704 12&-Tax Liens, priority____________________ . _______________ . 819,869,1006 129-Veterans Licenses, regulated.._________________________ . 868 130--)luctioneers, Tax on___________________________________ 894,989,995 137-Homestead Exemptions, amended__________ ------- _987, 1083,1085,1118 145-Reorganization )let, effective date_____________________ 1229,1133 TIDE W)LTER LANDS26-Reversion of Title_. __________________________________ _ so-Fixing Boundaries___________________________________ .. 241,321 242,321 TIMBER PROTECTION4-Protective )lssociations, validated____ . ____________ .19,151,254,295,889 u UNEMPLOYMENT COMPENS)LTION38--)lct of 1937, amended_________________ 301,319,323,362,383,387 ,427,487 UNIVERSITY OF GEORGU69---Librarian to furnish books __________________ 356,379,419,476,495,1091 w W. & )l. RMLRO)LD- 44-Commission, Union Depot Site_----------------------122-Governor to sublease, property_______________________ _ 302,376,633 803 '839. 992 W)lR VETER)LNS128-0ld Soldiers Home, use of. __________________________868,895,896,1007 INDEX 1319 PART III SENATE RESOLUTIONS. A ATLANTA BA'ITLEFIELDS- National Park Plan, Committee_____________________________ 513,670,696 AMENDMENTS TO CONSTITUTION- 11-Hospitalization, County Taxes_________________ ..198,214,216,261,588, 595,644,662,666,671 12-Forest Fire Protection. _______________________ ...212,345,347 ,364,1015 22-County Tax Rate, limited_____________________________342,376,381,518 23-Terms State Officers _____________________________ .343,363,394,580,587 25-County Governments, State support____________ 356,378,394,581,1137 42-General Assembly, Extra Sessions. __________________ 638, 708,756,1116 58-Highway Department, refunds_________________________ 894,930 67-School Tax, Brantley______________________ ------ .1132,1150,1175,1243 (See also Senate Bills.) c COMMENDATORY AND CONGRATULATIONs- 14-Governor Rivers, Birthday------ ___ -------------------21-Macon Telegraph, thanks for papers__________________ _ 29-Congressman Peterson, thanked for information. ____ _ 35-Christmas Display, Executive Mansion________________ _ 37-Governor Rivers, Christmas Greetings________________ _ 38---Senate Secretary, recovery from illness ________________ _ 57-Prison Industries Administration, appreciation_______ _ 62-President J. B. Spivey, Birthday_____________________ _ 66-W. W. Webb, confidence_______________________________ _ 62-Arthur Lucas, an appreciation._______________________ _ 72-L. T. Gillen, appreciation_____________________________ _ 74-Motion Picture Companies, thanks. __________________ _ 75-Highway Board, commending_________________________ _ 78---Atlanta Constitution, commended.. __________________ _ SO--Macon Telegraph, thanked.--------------------------81-Senator Atwood, thanked for shrimp _________________ _ 82-Senator Pope, thanked for pickles____________________ _ 84-Senator Lindsay, thanked for flowers _________________ _ 85-Newspapers of State, appreciation____________________ _ 221 313 446 513 559 565 887 983 1132 1160 1169,1254 1185 1198 1211 1234 1257 1257 1269 1280 G GAME AND FISH- 47-Shad Industry, to promote ___________ -------- ________715, 737,741,769 1320 INDEX H IDGHWAYS, IDGHWAY DEPARTMENTS2(}--Clark Howell MemoriaL __________________________ 303,321,337 ,348, 783 58-Highway Department, refunds_________________________ 894,930 56-John B. Gordon Highway _______________________ 868,900, 924,938,1092 63-Federal Funds, construction__________________________ 1043 HOLIDAYS- 50-January 12, celebration of_ ___________________________ _ 731 55-Robert E. Lee, Birthday______________________________ _ 731 M MEMORIALIZING CONGRESS9-Relative to Supreme Court____________________________ _ 3(}--Tax on Food Products ________________________________ _ 43-Forest Fires, Federal Funds __________________________ _ 49-0kra and Peppers, on free list________________________ _ 63-Federal Highway Funds ______________________________ _ 197,210,217 447 663,961 730 1043 MOTOR VEIDCLES59-Extend Time for Tags__________________________________ 894,926,993 p PUBLIC PROPERTY- 54-Black Beard Island ___________________________________ _ 788 PUBLIC WELFARE- 1(}--Legislative Economy Commission______________________ 227 19-Tennessee Copper Company______________________ 288,305, 308,337,391 24-0ld Age Assistance, defined __________________________ 343,589,591, 664 39-Hapeville's Worrying Rock_____________________________ 566 45--Welfare Board, information from_______________________ 66,709 51-Milledgeville Institutions______________________________ 755 71-Stewart County, National Park________________________ 1168 79-Give Georgia to Indians_______________________________ 1169 83-World-Wide Expositions________________________________ 1257 PULP WOOD INDUSTRY8-Committee to investigate prices _______________________ _ 27-Extend Time of Committee____________________________ _ R 177,208 388 RELIEF ON BOND18-R. F. Mobley and Joel Lunsford __________________ 288,299,417,427,561 s STATE DEVELOPMENT52-To advertise Georgia__________________________________ 755,756,780,802 INDEX SYMPATHY, ETC.53-Senator Sutton, lllness _______________________________ _ 13-Rev. B. F. Fraser, death of____________________________ _ 31-Mr. & Mrs. Lee Branch, death of______________________ _ 32-Secretary of Senate, Illness___________________________ _ 41-Robt. L. Moye, death of_______________________________ _ 44-Judge W. W. Larsen, death of_________________________ _ 46-Daughter of Senator Burrell, death of_ _______________ _ 48-Senator McKenzie, lllness ____________________________ _ 61-R. M. W. Glenn, death oL ____________________________ _ 68-Robt. c. Alston, death oL____________________________ _ J. C. Edwards, death oL _____________________________ _ T TRAVELS AND VISITSVisit to Cuba, Invitation __________________________________ _ 15-Gainesville, plan to visit______________________________ _ TAXATION16-Homestead Exemption, allocation _____________________ _ 17-Intangible Tax, Committee on ________________________ _ u UNIVERSITY OF GEORGIA18-Athletic Director, pay_________________________________ 1321 771 212 447 460 594 603,663 685 730 979 1145 162 818 214 249 249 1299 1322 INDEX PART IV HOUSE BILLS AND RESOLUTIONS ACTED ON IN SENATE ORGANIZATION AND PROCEDURE: Notice, House Convened (H. R. 1)___________________________ 22 Committee, notify Governor (H. R. 2)_______________________ 22 Resignation, A. J. Kingery, Clerk._________________________ 22 Election, Ron. Joe Boone, Clerk____________________________ 22 Notice, House ready for business (H. R. 4)__________________ 23 Joint Session provided (H. R. 5)___ _____ ________ __ __ ________ 23 Holiday, Dec. 8, Gainesville celebration (H. R. 34)___________ 221 Holiday, Dec. 8, repealed (H. R. 44)__________________________ 298 Christmas recess (H. R. 83) ________________________________443,450,455,460 Governor Invited address Assembly (H. R. 157)______________ Governor Invited address Assembly (H. R. 166)______________ Notice to Senate, Sine Die (H. R. 193)_______________________ 978,979 1042,1046 1301 Notice to Governor, Sine Die (H. R. 194)____________________ 1301 HOUSE RESOLUTIONS IN SENATE A AGRICULTURE- 175-General Government, aid to Farmers_________ 1196, 1206, 1213, 1260,1292 AMENDMENTS TO CONSTITUTION29-Gainesville, bonded debt _________________________524,569 ,589,590,629 APPROPRIATIONS32-For Radio Commission____________________ 977, 999,1094,1095,1136,1297 c COUNTIES12-Fannin, Librarian furnish books _________________754, 760,805,806,859 17-Crawford, Librarian furnish books _______________ 685,697,805,807,860 26-Douglass, Librarian furnish books _______________845,860,895,897 ,930 50-Laurens, Librarian furnish books ___________ 1196,1206,1216,1217,1267 101-Chattooga, Librarian furnish books _________ 1092,1112,1123,1126,1134 120--Jefferson, Librarian furnish books_______________ 845,861,895,897, 930 131-Tattnall, Librarian furnish books ____________ 985,1000,1019,1022,1110 137-Thomas, authorize payment to widow of Sheriff. ______ 962,1000,1017, 1023,1110 COMMENDATORY, CONGRATULATIONS, ETC.22-Anti-lynching bill, Ga. Delegation Commended _______ _ 99-President Commended, infantile paralysis ____________ _ 128-Jim Downing, for Athletic co-operation_ ______________ _ 180-Atlanta Constitution, for "Plant to Prosper" _________ _ 188-Bryan B. Taggert, gift school of medicine_____________ _ 193,204 582,594 787,808 1217,1232 1255,1277 INDEX 1323 B mGBWAYB64-Bona Allen Highway______________________________ 524,569,590,591 ,633 94-Col. Sam Tate Highway_______________________985,1000,1018,1022,1085 132-Crawford Long Highway__ ------- ___________890,903,929,988, 1006,1121 165--Crisp Memorial Bridge_______________________ 1196, 1206,1213,1237,1294 178-Thos. M. Bell Highway________________________________ 1271,1280 167-0ppose reduction Federal funds_______________________ 1093,1111 M MOTOR VEmCLEB- 121-Drivers License, time extended..________________________ 753,757,763 152-Motor Tags, licenses, time extended____________________ 964,979 186--Motor Tags, time extended________________________ 1233,1238,1243,1249 MEMORIALB185-Hoke Smith Memorial Association____________________ _ 184-Dr. Crawford Long, Hon. Alex H. Stephens___________ _ 1239,1277 1239,1262 MEMORIALIZING CONGRESS- 39-Refund for Cotton tax leVY---------------------------97-Naval Stores, aid for __________________________________ _ 130-Air Mail Route, Atlanta-Tampa_______________________ _ 167-0ppose reduction Highway funds ____________________ _ 179-Air Mail Route, Savannah-Atlanta____________________ _ 258,260 557,558 7f!7 ,808 1093,1111 1165,1185 N NORTH GEORGIA COLLEGE153-J. C. Barnes Dormitory named________________________ _ 977,1004 p PENSIONS37-Adding name Mrs. S. G. Reynolds ____________________ _ 733,745 s SYMPATHY, ETC.- 92-Christmas display, honor D. F. McClatchey___________ _ 139-Hon. Logan Bleckle;v, death of________________________ _ 523,579 889,900 SURETY ON BONDS47-Relieving Mrs. A. T. Simerle;v_____________________753, 760,774,776,792 59-Relieving R. L. TindoL _______________________691,999, 1017,1022,1110 112-Relieving C. R. Wrenn____________________________783, 797,803,807,860 138-Relieving T. L. Clar;v _________________________962, 1000,1017,1023,1111 156--Relieving Mrs. Ida Lesser____________________ 1043,1087,1123,1126,1134 1324 INDEX T TAXATION21-Minimum payment income, suspension of_____________ 193,201,204 146-Estate T. G. Farmer et al., interest___________ 1196,1206,1214,1217,1268 129-Refund to D. Yalovitz_____ ~-------- __________ 939,1000,1018,1022,1086 189--Refund to Sea-Food Dealers___________________________ 1258,1277 u UNIVERSITY OF GEORGIA71-Course in Criminology requested _____________________ _ w WORLD EXPOSITIONS19Q-Governor name Commission __________________________ _ 977,999 1258,1277 BOUSB BILLS IN SBNATB A AGRICULTURE, AGRICULTURAL DEPARTMENT. (See also Resolutions)17Q-Fertilizer regulations ______________________ 783, 792,929,1020,1157,1232 19Q-Appropriation, Agricultural Dept., amended_______ 754, 760,1156,1215, 1219,1240 ALCOHOLIC BEVERAGESLiquors, tax and control of_______802,809,817,821,893,896,940,964,979,1042 188-Wine Law, amended _________________________ 1021,1203,1214,1216,1270 AMENDMENTS TO CONSTITUTION (See also Resolutions)32-Fannin CountY, temporary loans _________________ 316,331,376,381,396 33-City of Blue Ridge, bonds ________________________ 316,331,376,381,398 143-City of Adel, bonds_______________________________ 526,572,590,591,609 148-City of Macon, temporary loans ____________________ 526,572,590,591,612 162-City of Vidalia, bonds____________________________ 527 ,572,590,591,616 183-City of Dublin, bonds____________________________528,573,590,591,618 232-City of Eastman, bonds_----------------- ________ 529,575,590,591,621 311-City of Baxley, bonds_____________________________ 567 ,578,590,592,623 342-Town of Sparks, bonds ___________________________567,579,590,592,626 369--City of Jeffersonville, bonds________________ -- __890, 901,992,1018,1036 382-City of Homerville, bonds_______________________890,901,992,1019,1241 448-Floyd County, school tax_______________________891 ,901, 993,1019,1101 463-Berrien, Beaver Dam school bonds_____________ 962, 997,1017,1083,1098 509-City of Jefferson, bonds _______________________963,998,1016,1083,1104 543-Cobb County, fire protection________________ 1122,1127,1148,1149,1186 APPROPRIATIONS (See also Resolutions)556-State Capitol, repairs___ ---------- ___________1197,1205,1213,1261,1275 423-Prison Commission fund ______ ------- _______1202,1203,1211,1261,1269 INDEX 1325 396-Paper Pulp Development ___________________ 1015, 1032,1094,1095,1112, 1125,1189,1240 287-General appropriations, amended _________489,493,498,501 ,535,555,561 276-General Act, Chain Stores_____________________962,997, 1039,1084,1114 2~Plant Disease controL ______________________ 1015, 1031,1123,1125,1197, 1199' 1209' 1241 190-General Act, Agricultural Dept. ___________ 754, 760,1156,1215,1219,1240 112-Contractors Licensing Board__________________________ 1042,1087, 1113 36-General Act, Old Age Assistance_________________ _489,494,503,535,540 B BANKS AND BANKING532-Banking Laws amended ________________ 1194, 1204,1212,1236,1280,1295 BUILDING AND LOAN25--Building and Loan Associations defined__________ 316,331,344,392,510 545--B. & L. Law amended________________________ 1203, 1204,1212,1216,1274 c CHAIN STORE&221-Tax Act 1937, amended_______________ 962,996, 1081,1166,1222,1258,1294 277-Taxallocated____________________________________ 921,932,989,994,1033 276-Tax, appropriation amended___________________ 962,997, 1039,1084,1114 CITIES, CITY CHARTERS7-Forsyth, incorporation codified___________________213,216,306,308,327 6-Forsyth, charter amended_ ______________________214,217 ,306,308,327 12-Thunderbolt, charter amended_______________________ 214,217 ,254,291 21-Quitman, ad valorem tax _________________________ 214,217,306,308,329 24-Roberta, charter amended________________________ 227 ,230,243,245,256 2s-Douglas, charter amended________________________214,217 ,345,346,358 29-Gainesville, refunding bonds_____________________524,569,589,590, 629 35-Brunswick, charter amended_------ __________________214,217 ,254,291 63-Cochran, charter amended____________________________ 227 ,231,254,292 64-Sylvester, charter amended ___________ 227 ,231,306,309,330,465,484,523 74-Dawsonville, charter amended ____________________228,231,345,346,358 76-Clayton, bonded debt ____________________________ 228,231 ,306,309,330 77-Diffee, incorporation repealed_________________________228,231 ,254,292 97-Gray, charter amended ___________________________241 ,246,320,324,349 116-Hartwell, charter amended____________________ 257 ,261,306,309,358,466 12s-Decatur, charter amended________________________ 316,331 ,418,421,477 137-Baxley, charter amended__________________________ 291 ,297,320,324,350 143-Adel, refunding bonds ___________________________526,572,590,591 ,609 146-Macon, temporary loans __________________________526,572,590,591 ,612 !55-Cochran, charter amended ________________________ 291,297 ,453, 737,758 159-Jesup, charter amended_______________________________ 316,331 175--McDonough, charter amended ____________________ 317 ,332,375,382,401 176-McDonough, city limits extended _________________ 317 ,332,375, 382,401 1326 INDEX 162-Vidalia, charter amended_________________________ 527 ,572,590,591,616 167-Pine Lake, City of, created._______________________ 316,332,275,282,401 183-Dublin, city bonds_----------------- _____________ 528,573,590,591,618 20(}-Cedartown, charter amended _____________________ 379, 385 ,426,450,457 201-Dublin, charter amended__________ -------------- _340,352,394,534,536 205-Buford, new charter__________________________ 370,385,450,453,477 ,522 208--Griffin, charter amended_________________ 391,424,1133,1167 ,1181,1232 220-Columbus, charter amended._____________________ 370, 385,418,421,479 222-College Park, charter amended____________________ 379, 385,419,421,480 223-Atlanta, charter amended_________________________ 380, 385,708,755,758 23G-Savannah, charter amended______________________ 380,385,467 ,469,504 231-Quitman, charter amended _______________________380,386 ,419,421 ,481 232-Eastman, refunding bonds _______________________ 529 ,575,590,591,621 254-Rome, charter amended_____________ ------------- _414,425,450,454,481 257-Hazlehurst, school system, repealed___________________ 390,425 262-Moultrie, charter amended____________________ 390,425,467 ,469,504,563 269-Hapeville, charter amended. ___________________ _414,426, 708,1167,1179 272-Valdosta, charter amended ___ --------------- ________ _415,426,470,505 276--Milledgeville, charter amended_______________ A15, 426,450,454,467,483 281-Savannah, charter amended___________ _415,426,895,896,931, 1015,1033 288--Augusta, charter amended________ -------- _______ _452,456,497 ,502,537 302-East Point, charter amended.____________________ _452,457 ,497,502,537 303--East Point, charter amended.____________________ _452,457 ,497,502,537 309-Augusta, Municipal Court______ -------------- ___ _465,493,503,538, 539 311-Baxley, refunding bonds _________________________ 567, 578,590,592,623 313-Forsyth, charter amended _______________________ _465,494,589,592,632 323-Lawrenceville, zoning laws______ -~-- ______________ 500,516,606,608,645 324-Bainbridge, charter amended____________________ _484,494,498, 502,539 325--Hawkinsville, charter amended_______________ 500,516,589,592, 631,705 326--Hawkinsville, zoning laws ________________________ 500,517, 589,592,632 338--Eastman, zoning laws_____________________________ 501 ,517, 788,790,808 342-Sparks, bonded debt_____________________________ 567 ,579,590,592,626 344-Athens, zonin,g laws ______________________________ 636,661, 706,707,721 349-Athens, charter amended_______ 532,578,708,895,897,963,993,1091,1145 357-Royston, zoning laws _____________________________ 636, 661,706,707,721 364-Winder, zoning laws ______________________________ 661, 737,741,759,782 367-Bainbridge, charter amended_____________________ 636,662, 706,707,722 368-Meigs, charter amended___________________________ 636,662,696, 706,722 369-Jeffersonville, school bonds ____________________890,901 ,992, 1018,1036 382-Homerville, refunding bonds ______________ 890, 901,992,1019,1096,1241 397-Cochran, charter amended________________________ 734, 744,788,790,809 407-Dalton, charter amended______________________________ 734,744 408--Atlanta, charter amended ________________________ 734, 744,755,757,791 425-Waresboro, charter amended______________________ 754, 760,788,790,809 428--Rome, charter amended___________________________ 715,723,737,741,758 441-Watkinsville, charter amended____________________ 744, 779,806,807,826 457-Cochran, to sell city property_____________________ 786, 796,806,807,827 462-Mansfield, charter amended ______________________802, 809,850,854,877 INDEX 1327 468-Augusta, Board of Health ________________________820,827,850,854,878 477-Dalton, charter amended _________________________ 819,828,850,854,878 478--Columbus, city taxes ____________________________866,881,923,928,1003 482-Nashville, charter amended______________________ 891,902,988,994,1024 492-Rest Haven, new charter_____________________ 1165,1185,1198,1261,1264 503-Moultrie, charter amended_____________________________ 963,1032 508-Dublin, water plant profits ____________________ 985,998,1146,1149,1267 509-Jefferson, bonded debt ________________________ 963,998,1016,1083,1104 513-Bremen, charter amended______________________________ 978,999,1084 516-Union Point, charter amended_________________ 986,999,1020,1022,1109 522-Augusta, advertising agencies _______________ 1092,1112,1122,1125,1134 544--Hartwell, charter amended ________________________ 1132,1135,1148,1150 553-Wrightsville, charter amended __________ 1202 ,1205 ,1213,1216,1265,1266 559-Washington, charter amended_______________ 1202,1205,1213,1217 ,1267 CODE AMENDMENTSa-Section 68-211, Motor Vehicles ____ 340,351,378,392,402,501,512,523,557 29-Section 92-4001, Municipal tax appeals____________ 240,245,306,309,329 61-Chapter 45-3, Marsh Hens ________________________ 391,424,449,453,483 68--Right of Eminent Domain ____________________ 390,424,468,469,517, 733 78--Section 56-224, Insurance investments ________ 754, 759,775,776,881,922 114-Section 92-370, County tax leVY__________________ A90,494,503,535,539 170-Title 5, Fertilizer regulations_______________ 783, 792,929 ,1020,1157 ,1232 431-Section 92-6911, County assessments ____________ 735, 745,989,994,1023 522-Section 92-4101, Advertising Agencies ________ 1092,1112,1122,1125,1134 531-Courts, index system________________________ 1043,1087 ,1124,1126,1134 COURTS, COURT PROCEDURE- , 15-Dublin Circuit, fee system________________ 390,423,460, 705,724,803,808 62-Stephens, City Court_________________________________241,246,304,309 69-Darien, City Court ___________________________________290,297,318,324 75-Rabun County City Court____________________________ 290,297,318,324 99-Baker, criminal court costs _______________________ 256,260,288,290,311 107-Assistant Solicitor General__________________________ _499,515,568,592 120-Savannah, Municipal Court______________________ 257 ,261,375,382,400 127-Jeff Davis, Superior Court, terms_____________________ 290,297,320 140-Lexington, City Court, Judge__________ 291,297,318,324,350,1113,1147 168--LaGrange, City Court____________________________ 300,303,320,324,350 193-Brunswick Circuit________________________________499,515,639,640,680 195-Advance payment, certain costs _____________________ _499,516,568,593 212-Wayne, Jesup City Court______________________________ 370,385,706 215-Wilcox, Superior Court terms_________________________ 500,516,568,593 235-Clinch, County Court_______________________________ _414,424,447 ,480 291-Criminal Bailiffs, certain counties __________ 530,576,926,927 ,1026,1144 295-Rabun, Superior Court, terms_________________________ 464,493,503 309-Augusta, Municipal Court___________________________ _465,493,503,539 329-Bryan, Superior Court, terms _____________________ 500,517 ,567,569,593 330-Pembroke, City Court____________________________ 501 ,517,567,569,594 350-Clinch, County Court ___________________ 567 ,579,606,609,648, 715,1241 1828 INDEX 400-Wilkinson, County Court_________________________ 685,696, 706,708,723 405-Ware, Superior Court, terms ______________________ 704, 709,717,720,743 406--Ware, City Court ______________________________________ 705,709,718,720 497-Bryan, Superior Court, terms. _________________962, 997,1084,1085,1107 501-Floyd, Superior Court, Clerk _______________________ 963, 998,1017,1021 505-Glynn, Superior Court, terms _________________ 963,998,1018,1023,1108 COUNTIES (See also Resolutions)9-Effingham, bond of Sheriff___________________________ 196,200,215,228 14-Wilkes, Tax Commissioner____________________________ 197 ,200,215,229 37-Glynn, zoning laws_______________________________ 197 ,200,215,216,229 45-Decatur, County Commissioners__________________ 256,260,288,289, 310 46--Randolph, bond of Sheriff____________________________ 240,246,357 47-Fulton, sanitary laws_____________________________ 391 ,423,449,453,477 49--Baker, County Commissioners_________________________ 197,200,318 50--Baker, CountY Commissioners_________________________ 197,201,318 55-Montgomery, County Commissioners______________ 197 ,201,215,216,229 56--Montgomery, County Commissioners______________197 ,201,215,216,229 62-Stephens, City Court_____________________________ 241 ,246,304, 309,329 69--Mclntosh, City Court_____________________________290,297,318,324,348 72-Camden, Sheriff fees ________________________ _499,515, 706,707,720,845 75-Rabun, City Court_______________________________ 290,297 ,318,324,349 86--Worth, bond of Sheriff_ __________________________241,246,289,290,310 90--Rockdale, County Commissioners _________________ 241 ,246,319,324,249 99--Baker, courtcosts ________________________________ 256,260,288,290,311 107-Richmond, assistant solicitor________________________ _499,515,568,592 118--Doug!as, Tax Commissioner___________________ 257 ,261 ,318, 324,351,522 119--Douglas, bond of SherifL ________________________257 ,261,288,290,311 120--Chatham, Municipal Court___________________ 257 ,261, 375,382,400,466 127-Jeff Davis, Court terms___________________________ 290,297 ,320,324,349 140-0glethorpe, City Court ____________ 291,297 ,318,324,350, 1113,1147,1160 145-Meriwether, candidates define opponent____ _464,492,790,924,930,1147 156--Chattooga, bond of Sheriff_ ________________ c _____ 379,384,416,421 ,477 168--LaGrange, City Court ____________________________ 300,303,320,324,350 169--Newton, Treasurer, salary________________________ 301 ,303,319,325,1000 173-Wilcox, County Commissioners _______________________ 316,332,346,359 178--Appling, County Commissioners______________ 317 ,332,394,395,422,466 187-Cobb, zoning laws ________________________________ 340,352, 357,383,466 193--Appling, Waycross Circuit _______________________ _499,515, 639,643,680 209--Columbia, bond of Sheriff_ ______________________ _414,424 ,451,453,478 211-Decatur, bond of Sheriff_ _______________________ _414,424 ,451,454,479 212-Wayne, Jesup City Court______________________________ 370,385,706 215-Wilcox, Superior Court terms _________________________500,516,568,593 216--Hart, Tax Commissioner_________________________ _414,424,448,454 ,479 227-Fulton, zoning laws _____________________________ _464,492,498,502,537 228--Brant1ey, Clerk et al., salary__________________________ 529,575,706,721 235--Clinch, County Court ___________________________ _414 ,424,447,454,480 236--Grady, CountY Commissioners ____________________ 380,386,416,421,458 INDEX 1329 237-Grady, County Commissioners________________ 380,386,416,421,458,501 251-Barrow, County Commissioners___________________414,425,447 ,454,480 252-Pierce, Tax Collector______________________________ 390,425,448,454,480 253---Pierce, Tax Receiver, Collector____________________ 390,425,448,453,481 256-Ben Hill, Board of Education_________________________ 500,516,568,593 259-Telfair, receiver, collector____________ _414,425 ,448,455,482,485, 523,536 27G-Meriwether, bond of SherifL _________________451,456,467 ,469,504,510 271-Chattahoochee, County Commissioners_______415,426,448,454,504,510 282-Pierce, bond of Sheriff __________________________ _451,456,467 ,470,505 289-Rich.mond, zoning laws___________________________500,516,589,592,632 29o-Laurens, County Commissioners_______________________ 464,492 291-Laurens, criminal bailiff_ ________________________ 230,576,926, 927,1026 293-Dodge, County Commissioners___________________ _464,493,398,502,540 295-Rabun, Superior Court terms____________________ _464,493,503,534,540 296-Liberty, County Treasurer_____________________________ 464,493,991 305-Chatham, Bryan, Liberty, Mcintosh, Camden, zoning laws______________________________________530,576, 775,776,791,820 306-Douglas, County Commissioners_________________ _452,457 ,467,469,538 307-Douglas, County Commissioners_______ A65 ,493 ,498, 502, 538, 1202, 1205 308-Jasper, trapping prohibited ______________________500,516,589,592,632 314-Stephens, Rabun, Habersham, regulate fishing __ 531 ,577,606,608,645 316-Marion, County Commissioners______________ _453,457 ,466,470,505,510 321-Tenure of officers _______________________________ _465,494,503,533,539 329-Bryan, Superior Court, terms _____________________500,517 ,567,569,593 33G-Bryan, Pembroke City Court______________________ 501,517,567,569,594 331-Jenkins, County Commissioners______________________ 566,578,608, 645 336-Dade, Tax Commissioner__________________________ 567 ,579,606,609,647 35o-Clinch, County Court___________________ 567 ,579,606,609,648, 715,1241 251-Montgomery, bond of SherifL ____________________ 567 ,579,606,609,647 358-Haralson, collector, receiver_______________________ 566,579, 718,719,743 366-Floyd, teachers' insurance________________________ 733, 744,804,807,826 371-Walton, Tax Commissioners ___________________________ 773, 778,824,858 372-Franklin, bond of SherifL _______________________ 636,662, 706,707,722 373-Seminole, bond of Sheriff_____________________________ 637,662,991 374-Ben Hill, County Commissioners _____ 637, 662, 755, 756, 777, 820, 840, 844 377-Candler, bond of Sheriff_ ________________________ 670, 682,756,757,776 385-Fulton, electricians examination_________________754, 760,804,807,826, 839,843,879,881,977 387-Liberty, Tax Commission _____________________685,696,869,870,899, 961 391-Clinch, County Commissioners___________________ 685,696, 706,707,723 392-Echols, bond of Sheriff_ __________________________ 685,696, 706,707,723 40G-Wilkinson, County Court_________________________ 685,696, 706,708,723 404-Bibb, taxpayers listed ________________________734, 744,804,807,827,843 405-Ware, Superior Court terms_______________________ 704, 709,717,720,743 406-Ware, Waycross City Court________________________ 705,709,718,720,743 421-Wilcox, County Commissioners_________________________ 734,745,925 422-Wilcox, County Treasurer_____________________735, 745,821,925,931,957 426-Bryan, bond of Sheriff_ __________________________ 735, 745,756,757,776 1330 INDEX 431--VVllltfield, taxassessrnents_______________________735,745,989,994,1023 435--Schley, fees of coroner____________________________773, 779,822,825,859 437--Meriwether, Board of Education _________________890,901, 991,994,1023 439-Pulaski, Clerk of CoiDIDissioners__________________ 774, 779,804,807,826 448--Floyd, school tax_______________________________ 891 ,901 ,993, 1019,1101 449--Putnarn, County CoiDIDissioners__________________ 786, 796,850,854,877 450-Barrow, County CoiDIDissioners ______ 763, 779,1016,1260,1262,1278,1296 451--Barrow, County CoiDIDissioners___________763,779, 1016, 1260, 1263, 1296 452--Taylor, Tax CoiDIDissioner ________________________ 786, 796,823,825,859 459--Hall, school district named_______________________ 820,827 ,848,854,877 463--Berrien, Beaver Darn SchooL __________________ 962,997 ,1017,1083,1098 479--Elbert, salary Treasurer_____ ---------------- _________ 866,881 ,925,1004 484--Floyd, teachers' pensions ___________________891, 902,991,994,1028,1121 48~Clayton, County CoiDIDissioners_________________ 866, 881, 925, 928, 1004 493--Newton, bond of Sheriff_ ________________________ 892,902,990, 995,1025 494--Jefferson, County CoiDIDissioners___________________892,903, 928,1215 495-Brantley, collector, receiver___ ------------- _892 ,903, 990,995,1027,1233 49~Bryan, County CoiDIDissioners ___________________ 921,932, 989,995,1025 497--Bryan, Superior Court terms __________________962,997 ,1084,1085,1107 498--Bryan, bonds of officers _______ ------------- _____921 ,932 ,989,995,1026 501--Floyd, clerk court, pay_______________ --------- _963,998, 1017,1021,1108 505-G!ynn, Superior Court terms__________________ 963,998, 1018,1022,1108 51G-Cook, Tax CoiDIDissioner_ _____________________ 985,998,1017 ,1022,1109 511--VVilcox, County CoiDIDissioners____________ 986, 998,1201,1214,1217,1296 512--Pierce, collector, receiver, bonds _______________ 977 ,999,1017,1022,1109 53G-Stephens, collector, receiver _________________ 1093,1112,1157, 1167,1180 531--Fulton, index system, courts ________________ 1043,1087 ,1124,1126,1134 534--Carnden, bond of Sheriff_ ___________________ 1093, 1112,1148,1149,1179 542--VVilcox, treasurer, depository_________________ 1121, 1127,1167,1170,1194 543--Cobb, fire protection ________________________1122,1127, 1148,1149,1186 558--Pierce, collector, treasurer, bonds ____________ 1197 ,1205,1214,1217,1266 560-Douglas, to amend H. B. 307___________________________ 1202,1205 COUNTY OFFICERS-228--Brantley, officers on salary___________________________ 529,575, 706,721 291--Crirninal bailiffs, certain counties __________ 530,576,926,927, 1026,1144 321--County Officers tenure___________ ---------- _____ _465,494,503,533,539 375-Sheriff bonds, to be fixed ________________________ 734, 744,757,804,878 E EXAMINING BOARDS-- 385--Electricians, examination of___754, 760,804,807,826,839,843,879,881,977 G GAME AND FISH-61--Marsh Hens, Code arnended______________ 391,424,449,453,483,514,515 117-Fislllng Industry, controL _______________738, 792,1133,1147,1150,1241 INDEX 1331 122-Fishing boats, non-resident, tax_________________ 921 ,932,990,9!.14,1026 308--Traps prohibited, Jasper County_________________ 500,516,589 ,592, 632 314--Fishingregttiated_________________________________ 531,577,606,608,645 GENERAL ASSEMBLY57-Extra Sessions, provided for ______________________ 391 ,423, 639,642,750 H HIGHWAYS, HIGHWAY BOARD (See also Resolutions)177-Close road, Fulton, Coweta___________________________ 527 ,573,607,644 202-Enabling Act, amended_______________ 772,778,822,825,883,888,936,961 242-State Board, match funds __________ 588,595,661, 672,682,885,1220,1300 HIGHWAY MILEAGE4-Fulton, road added_______________________________ 256,260,305,308,327 1Q--Coffee, road added _______________________________ 240,245,305,308,228 18--Houston, road added _____________________________ 240,245, 305,308,328 19--Walker, road added_______________________________ 240,245,305,308,328 36--Glynn, road added _______________________________ 240,245,305,309,329 52-Madison, road added _____________________________ 391 ,423, 640,642,677 71-DeKalb, road added ______________________________ 524,569 ,640,642,678 so-Appling, road added______________________________ 525,570,640, 642,678 88--Catoosa, road added______________________________ 525,570, 672,673,687 92-Barrow, road added_______________________________ 525,570,671 ,673,687 93-Barrow, road added______________________________-_525,570,627 ,673,687 94--Banks, road added _______________________________ 525,570, 672,673,687 95-Atkinson, road added ____________________________ 525,570, 640,642,678 96--Forsyth, road added______________________________ 525,571, 640,642,679 109--Atkinson, road added ____________________________ 526,571 ,640,643, 679 no-Franklin, road added_____________________________ 526,571, 672,673,688 115-Towns, road added _______________________________ 526,571 ,671 ,674, 688 13Q--Brantley, road added _____________________________ 526,571, 672,674,688 134-Chattooga, road added ___________________________ 526,571, 672,674,689 158--Wilcox, road added _______________________________ 526,572, 672,674,689 163-Toombs, road added______________________________ 527 ,572,640, 643,679 165-Paulding, Cobb, Haralson, road added____________ 527,572,672,674,689 171-Mclntosh, road added ____________________________ 527 ,573,571, 674,690 174-Clinch, Echols, road added_______________________ 527 ,573,672, 674,690 182-Fannin, Gilmer, Union, road added_______________ 527,573,671,675,690 184--Coweta, road added_______________________________ 528,573, 672,675,690 185-Coweta, road added_______________________________ 528,574,671 ,675, 691 186--Chatham, road added_________________________________ 528,574, 607,645 199--DeKalb, road added______________________________ 528,574,640,643, 680 213-Early, road added_________________________________ 528,574,672,675, 691 214-Sumter, road added ______________________________ 528,574,671, 675,691 224--Fulton, road added_______________________________ 528,574,640,643,680 238--Jefferson, road added____________________________ 529,575,671 ,675,692 241-Franklin, road added. ____________________________529,575,672,675,692 1.832 INDEX 246-Richmond, road added___________________________ 529 ,575,671,675,692 258---Baker, Early, road added_------------------ ______ 529,575,672,676,692 261-Pierce, road added ________________________________ 529,575,671,676,693 263-Banks, Hall, road added__________________________ 530,576,672,676, 693 279-Gwinnett, road added____________________________530,576,672,676,693 283-Habersham, road added __________________________ 530,576,672 ,676,694 292-Jefferson, road added_______________________ _493,530,576,671,676,694 300-Johnson, Emanuel, road added___________________ 530,576,672,676,694 315-Heard, road added________________________________ 531,577 ,672,676,694 317-Dade, road added______________________________531,577 ,607,608,647,691 318---Dool.y, road added ________________________________ 531,577, 640,643,680 319-Richmond, road added ___________________________ 531,577 ,672,677,695 327-Franklin, road added_____________________________ 531,577 ,640,643,681 332-Floyd, road added ________________________________ 531,577 ,607,608,646 333-Floyd, Bartow, road added________________________ 532,578,607 ,608,646 334-Floyd, Bartow, road added________________________532,578,607 ,608,646 335-Floyd, roadadded________________________________ 532,578,607,608,647 337-Fulton, road added_______________________________ 532 ,578,640,644,681 362-Franklin, road added_____________________________ 773,778,894,851,870 379-Jasper, Newton, road added__________________773, 778,849,861,879,922 380-Franklin, road added_____________________________783, 792,849,851,871 384-Banks, road added _______________________________ 773, 778,849,851,871 386-Coffee, road added _______________________________ 754, 760,849,851,871 393-Lincoln, road added______________________________784, 793,849,851,871 394-Lincoln, road added______________________________784, 793,849,851,872 395-Franklin, road added_____________________________773, 778,849,852,872 409-Talbot, Chattahoochee, road added_______________784,793, 849, 852,972 411-0glethorpe, road added___________________________ 784,793,849,852,873 412-Putnam, road added______________________________784, 793,849,854,873 414-Twiggs, Wilkinson, Baldwin, road added__________784,794,849,852,873 415-Wilkinson, Baldwin, Blackley, road added ________ 784, 794,849,852,873 416-Montgomery, road added__________________________784, 794,849,852,874 418---Wilkes, Thomas, road added______________________785, 794,849,852,874 419-Franklin, road added_____________________________ 785,794,849,853,874 424-Morgan, Jasper, road added ___ ---------------- ___773, 779,849,853,875 427-McDuffie, road added_____________________________ 785,794,849,853,875 429-Morgan, Oconee, road added______________________785, 795,849,853,875 43Q-Elbert, road added ________________________________ 785, 795,822,825,858 432-Gwinnett, road added ____________________________ 785, 795,822,825,859 433-Wheeler, road added______________________________785, 795,849,853,875 434-Franklin, road added_____________________________ 786, 795,849,853,876 44Q-McDuffie, road added_____________________________ 786, 795,849,853,876 442-Morgan, road added ______________________________ 786, 796,849,854,876 443-Macon, Taylor, road added____________________ 786, 796,850,853,880,922 446-Franklin, road added_____________________________ 786, 796,850,854,877 453-Bulloch, road added_____________________________846,861, 924,927,1001 455-Barrow, road added ______________________________ 846,861,924,927 ,1001 456-Laurens, Dodge, road added_______ ------------ __ 846,861,924,927 ,1001 INDEX 1333. 4~Whitfield, road added____________________________ 846,862,924,927 ,1002 4~Wilcox, road added_______________________________ 846,861, 924,927,1002 469--Franklin, road added____________________________ 846,862,924,927 ,1002 471-Seminole, Decatur, road added __________________ 846,862,924,928,1003 473-Franklin, road adde